Minnesota Session Laws - 2026 Regular Session

CHAPTER 127--S.F.No. 4612

An act

relating to state government; modifying provisions relating to the Department of Health, gas resource development, hospital stabilization, health licensing boards, health care, federal conformity, medical assistance fraud prevention and conforming changes, children, youth, and families policy, children, youth, and families budget, the Minnesota African American Family Preservation and Child Welfare Disproportionality Act, child care center licensing modernization, and family child care licensing modernization; making forecast adjustments for the Department of Human Services and Department of Children, Youth, and Families; appropriating money for the Department of Children, Youth, and Families, Department of Human Services, and other agencies; requiring reports; authorizing rulemaking; providing criminal penalties;

amending Minnesota Statutes 2024, sections 8.16, subdivision 1; 16A.152, subdivisions 2, 4, by adding subdivisions; 62A.01, by adding a subdivision; 62A.011, subdivision 3; 62J.17, subdivision 6a; 62J.2930, subdivision 1; 62K.02, subdivision 2; 62K.03, subdivision 6; 62K.075; 62K.105; 62K.14; 62U.04, subdivisions 4, 13, by adding a subdivision; 62V.05, subdivision 7; 62V.13; 93.514; 103I.001; 103I.005, subdivisions 9, 21, by adding subdivisions; 103I.601, subdivision 1, by adding subdivisions; 116.943, subdivision 2; 116J.035, by adding a subdivision; 124D.19, by adding a subdivision; 142A.43; 142B.10, subdivision 18; 142B.30, by adding a subdivision; 142B.65, subdivision 7; 142B.70, subdivision 6; 142C.12, subdivision 3; 142D.05, subdivision 8; 142D.21, subdivision 6; 142D.25, subdivision 3; 142E.04, subdivision 4; 144.059, subdivision 8; 144.1222, subdivision 4, by adding a subdivision; 144.1501, subdivision 2; 144.1503, subdivision 7; 144.1505, subdivisions 1, 2, 3; 144.1507, subdivisions 1, 2, 4, by adding a subdivision; 144.1911, subdivisions 1, 5, 6; 144.293, subdivision 7; 144.551, subdivision 1, as amended; 145.56, subdivision 5; 145.561, subdivision 2; 145.882, by adding subdivisions; 145A.04, subdivision 15; 145A.14, subdivision 2a; 148.01, subdivisions 1, 4, by adding subdivisions; 148.09; 148.10, by adding a subdivision; 148.102, subdivision 3; 148.105, subdivision 1; 148.517, subdivisions 1, 2; 148.5191, subdivision 4; 149A.91, subdivision 3; 149A.94, subdivision 1; 149A.955, subdivision 14; 151.01, subdivision 35, by adding a subdivision; 151.555, subdivision 7; 151.741, subdivision 4; 214.10, subdivision 2a; 214.41; 245A.211, subdivision 1; 245C.04, subdivision 1; 245C.15, subdivisions 2, 3, 4; 256.01, by adding a subdivision; 256.969, subdivisions 2b, 25; 256B.04, subdivision 27; 256B.05, subdivision 5, by adding a subdivision; 256B.055, subdivision 17; 256B.056, subdivisions 1, 2a, 3d, 7, 7a; 256B.0561, subdivision 2; 256B.06, subdivision 4; 256B.061; 256B.0631, subdivision 1a, by adding subdivisions; 256B.75; 256L.05, subdivision 3; 256L.06, subdivision 3; 259.83, subdivision 1, as amended; 260.63, subdivision 10; 260.64, subdivision 2; 260.67, subdivision 1; 260.68, subdivision 2; 260.69, subdivision 1; 260.693, subdivision 2; 260C.190, subdivision 1; 260C.212, subdivisions 1, 4a, by adding a subdivision; 260C.451, subdivisions 2, 3, 3a; 295.52, subdivision 8; 383B.903, subdivisions 1, 4; 383B.904, subdivision 1; 383B.908, subdivisions 5, 7; 471.6161, by adding a subdivision; 609.52, subdivision 2; Minnesota Statutes 2025 Supplement, sections 3.732, subdivision 1; 62K.10, subdivision 2; 144.125, subdivision 1; 145A.061, subdivision 3; 145C.18, subdivisions 3, 4; 148.108, subdivision 5; 151.741, subdivision 5; 256.043, subdivision 3; 256.9657, subdivision 2b; 256.969, subdivision 2f; 256B.0625, subdivision 8; 256B.12; 256B.1973, subdivision 9; 256B.69, subdivision 6d; 256B.695, subdivision 5; 260.691, subdivision 1; 260.692, subdivisions 1, 2, 3; 260C.451, subdivision 8; 268.19, subdivision 1; 609.531, subdivision 1; 609.902, subdivision 4; 628.26; Laws 2023, chapter 68, article 1, sections 2, subdivision 2, as amended; 3, subdivision 2, as amended; Laws 2024, chapter 117, sections 9; 21; 22; Laws 2024, chapter 127, article 67, section 7; Laws 2025, First Special Session chapter 3, article 8, section 25; article 23, section 2, subdivision 12; Laws 2026, chapter 88, article 1, section 181; proposing coding for new law in Minnesota Statutes, chapters 62Q; 103I; 142D; 144; 148; 256B; 260; 609; proposing coding for new law as Minnesota Statutes, chapters 142H; 142I; repealing Minnesota Statutes 2024, sections 13D.08, subdivision 4; 62J.06; 62J.156; 62J.2930, subdivision 4; 62J.57; 62U.10, subdivision 4; 142B.01, subdivisions 11, 12, 13, 25, 26, 27; 142B.41, subdivisions 4, 6, 7, 8, 10, 11, 12, 13; 142B.54, subdivisions 1, 2, 3; 142B.62; 142B.65, subdivisions 1, 2, 3, 4, 5, 6, 7, 10; 142B.66, subdivisions 1, 2, 4, 5; 142B.70, subdivisions 1, 2, 3, 4, 5, 6, 9, 10, 11, 12; 142B.71; 142B.72; 142B.74; 142B.75; 142B.76; 142B.77; 144.9821; 151.741, subdivisions 2, 3, 6; 256B.198; 256B.69, subdivision 31a; 260.63, subdivision 9; 609.466; Minnesota Statutes 2025 Supplement, sections 142B.41, subdivision 9; 142B.65, subdivisions 8, 9; 142B.66, subdivision 3; 142B.70, subdivisions 7, 8; Minnesota Rules, parts 2500.0100, subparts 5b, 6, 12; 2500.1900; 2500.2020; 2500.2040; 2500.2100; 2500.2110; 6800.0400; 6800.1150; 9502.0300; 9502.0315; 9502.0325; 9502.0335; 9502.0341; 9502.0345; 9502.0355; 9502.0365; 9502.0367; 9502.0375; 9502.0395; 9502.0405; 9502.0415; 9502.0425; 9502.0435; 9502.0445; 9503.0005; 9503.0010; 9503.0015; 9503.0030; 9503.0031; 9503.0032; 9503.0033; 9503.0034; 9503.0040; 9503.0045; 9503.0050; 9503.0055; 9503.0060; 9503.0065; 9503.0070; 9503.0075; 9503.0080; 9503.0085; 9503.0090; 9503.0095; 9503.0100; 9503.0105; 9503.0110; 9503.0115; 9503.0120; 9503.0125; 9503.0130; 9503.0140; 9503.0145; 9503.0150; 9503.0155; 9503.0170.

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

ARTICLE 1

DEPARTMENT OF HEALTH

Section 1.

Minnesota Statutes 2025 Supplement, section 3.732, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section and section 3.736 the terms defined in this section have the meanings given them.

(1) "State" includes each of the departments, boards, agencies, commissions, courts, and officers in the executive, legislative, and judicial branches of the state of Minnesota and includes but is not limited to the Housing Finance Agency, the Minnesota Office of Higher Education, the Health and Education Facilities Authority, deleted text begin the Health Technology Advisory Committee, deleted text end the Armory Building Commission, the Zoological Board, the Department of Iron Range Resources and Rehabilitation, the Minnesota Historical Society, the State Agricultural Society, the University of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state penal institutions. It does not include a city, town, county, school district, or other local governmental body corporate and politic.

(2) "Employee of the state" means all present or former officers, members, directors, or employees of the state, members of the Minnesota National Guard, members of a bomb disposal unit approved by the commissioner of public safety and employed by a municipality defined in section 466.01 when engaged in the disposal or neutralization of bombs or other similar hazardous explosives, as defined in section 299C.063, outside the jurisdiction of the municipality but within the state, or persons acting on behalf of the state in an official capacity, temporarily or permanently, with or without compensation. It does not include either an independent contractor except, for purposes of this section and section 3.736 only, a guardian ad litem acting under court appointment, or members of the Minnesota National Guard while engaged in training or duty under United States Code, title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December 31, 1983. Notwithstanding sections 43A.02 and 611.263, for purposes of this section and section 3.736 only, "employee of the state" includes a district public defender or assistant district public defender in the Second or Fourth Judicial District deleted text begin , a member of the Health Technology Advisory Committee, deleted text end and any officer, agent, or employee of the state of Wisconsin performing work for the state of Minnesota pursuant to a joint state initiative.

(3) "Scope of office or employment" means that the employee was acting on behalf of the state in the performance of duties or tasks lawfully assigned by competent authority.

(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.

Sec. 2.

Minnesota Statutes 2024, section 62J.17, subdivision 6a, is amended to read:

Subd. 6a.

Prospective review and approval.

(a) No health care provider subject to prospective review under this subdivision shall make a major spending commitment unless:

(1) the provider has filed an application with the commissioner to proceed with the major spending commitment and has provided all supporting documentation and evidence requested by the commissioner; and

(2) the commissioner determines, based upon this documentation and evidence, that the major spending commitment is appropriate under the criteria provided in subdivision 5a in light of the alternatives available to the provider.

(b) A provider subject to prospective review and approval shall submit an application to the commissioner before proceeding with any major spending commitment. The provider may submit information, with supporting documentation, regarding why the major spending commitment should be excepted from prospective review under subdivision 7.

(c) The commissioner shall determine, based upon the information submitted, whether the major spending commitment is appropriate under the criteria provided in subdivision 5a, or whether it should be excepted from prospective review under subdivision 7. In making this determination, the commissioner may also consider relevant information from other sources. deleted text begin At the request of the commissioner, the health technology advisory committee shall convene an expert review panel made up of persons with knowledge and expertise regarding medical equipment, specialized services, health care expenditures, and capital expenditures to review applications and make recommendations to the commissioner. deleted text end The commissioner shall make a decision on the application within 60 days after an application is received.

(d) The commissioner of health has the authority to issue fines, seek injunctions, and pursue other remedies as provided by law.

Sec. 3.

Minnesota Statutes 2024, section 62J.2930, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of health shall establish an information clearinghouse within the Department of Health to facilitate the ability of consumers, employers, providers, health plan companies, and others to obtain information on health reform activities in Minnesota. The commissioner shall make available through the clearinghouse updates on federal and state health reform activities, including information developed or collected by the Department of Health on cost containment or other research initiatives, the development of voluntary purchasing pools, action plans submitted by health plan companies, reports or recommendations of deleted text begin the Health Technology Advisory Committee and other deleted text end entities on technology assessments, and reports or recommendations from other formal committees applicable to health reform activities. The clearinghouse shall also refer requestors to sources of further information or assistance. The clearinghouse is subject to chapter 13.

Sec. 4.

Minnesota Statutes 2024, section 62K.02, subdivision 2, is amended to read:

Subd. 2.

Scope.

(a) This chapter applies only to health plans offered in the individual market or the small group market new text begin , including stand-alone dental plans sold on MNsure new text end .

(b) This chapter applies to health carriers with respect to individual health plans and small group health plans, unless otherwise specified.

(c) If a health carrier issues or renews individual or small group health plans in other states, this chapter applies only to health plans issued or renewed in this state to a Minnesota resident, or to cover a resident of the state, or issued or renewed to a small employer that is actively engaged in business in this state, unless otherwise specified.

(d) This chapter does not apply to short-term coverage as defined in section 62A.65, subdivision 7, or grandfathered plan coverage as defined in section 62A.011, subdivision 1b.

Sec. 5.

Minnesota Statutes 2024, section 62K.03, subdivision 6, is amended to read:

Subd. 6.

Health plan.

"Health plan" means a health plan as defined in section 62A.011, subdivision 3 new text begin , and includes stand-alone dental plans sold on MNsure new text end .

Sec. 6.

Minnesota Statutes 2024, section 62K.075, is amended to read:

62K.075 PROVIDER NETWORK NOTIFICATIONS.

(a) A health carrier must provide on the carrier's website the provider network for each product offered by the carrier, and must update the carrier's website at least once a month with any changes to the carrier's provider network, including provider changes from in-network status to out-of-network status. A health carrier must also provide on the carrier's website, for each product offered by the carrier, a list of the current waivers of the requirements in section 62K.10, subdivision 2 deleted text begin or 3 deleted text end , in a format that is easily accessed and searchable by enrollees and prospective enrollees.

(b) Upon notification from an enrollee, a health carrier must reprocess any claim for services provided by a provider whose status has changed from in-network to out-of-network as an in-network claim if the service was provided after the network change went into effect but before the change was posted as required under paragraph (a) unless the health carrier notified the enrollee of the network change prior to the service being provided. This paragraph does not apply if the health carrier is able to verify that the health carrier's website displayed the correct provider network status on the health carrier's website at the time the service was provided.

(c) The limitations of section 62Q.56, subdivision 2a, shall apply to payments required by paragraph (b).

Sec. 7.

Minnesota Statutes 2025 Supplement, section 62K.10, subdivision 2, is amended to read:

Subd. 2.

Time and distance standards.

Health carriers must meet the time and distance standards under Code of Federal Regulations, title 45, section 155.1050 new text begin , for all covered health services, including dental, retail pharmacy, and specialty services new text end .

Sec. 8.

Minnesota Statutes 2024, section 62K.105, is amended to read:

62K.105 NETWORK ADEQUACY COMPLAINTS.

The commissioner of health shall establish a clear, easily accessible process for accepting complaints from enrollees regarding health carrier compliance with section 62K.10, subdivision 2 deleted text begin , 3, deleted text end or 4. Using this process, an enrollee may file a complaint with the commissioner that a health carrier is not in compliance with the requirements of section 62K.10, subdivision 2 deleted text begin , 3, deleted text end or 4. The commissioner of health shall investigate all complaints received under this section.

Sec. 9.

Minnesota Statutes 2024, section 62K.14, is amended to read:

62K.14 LIMITED-SCOPE PEDIATRIC DENTAL PLANS.

(a) Limited-scope pediatric dental plans must be offered to the extent permitted under the Affordable Care Act: (1) on a guaranteed issue and guaranteed renewable basis; (2) with premiums rated on allowable rating factors used for health plans; and (3) without any exclusions or limitations based on preexisting conditions.

(b) Notwithstanding paragraph (a), a health carrier may discontinue a limited scope pediatric dental plan at the end of a plan year if the health carrier provides written notice to enrollees before coverage is to be discontinued that the particular plan is being discontinued and the health carrier offers enrollees other dental plan options that are the same or substantially similar to the dental plan being discontinued in terms of premiums, benefits, cost-sharing requirements, and network adequacy. The written notice to enrollees must be provided at least 105 days before the end of the plan year.

deleted text begin (c) Limited-scope pediatric dental plans must ensure primary care dental services are available within 60 miles or 60 minutes' travel time. deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end If a stand-alone dental plan as defined under the Affordable Care Act or a limited-scope pediatric dental plan is offered, either separately or in conjunction with a health plan offered to individuals or small employers, the health plan shall not be considered in noncompliance with the requirements of the essential benefit package in the Affordable Care Act because the health plan does not offer coverage of pediatric dental benefits if these benefits are covered through the stand-alone or limited-scope pediatric dental plan, to the extent permitted under the Affordable Care Act.

deleted text begin (e) deleted text end new text begin (d) new text end Health carriers offering limited-scope pediatric dental plans must comply with this section and sections 62K.07, 62K.08, new text begin 62K.10, new text end 62K.13, and 62K.15.

deleted text begin (f) deleted text end new text begin (e) new text end The commissioner of commerce shall enforce paragraphs (a) and (b). Any limited-scope pediatric dental plan that is to be offered to replace a discontinued dental plan under paragraph (b) must be approved by the commissioner of commerce in terms of cost and benefit similarity, and the commissioner of health in terms of network adequacy similarity. deleted text begin The commissioner of health shall enforce paragraph (c). deleted text end

Sec. 10.

Minnesota Statutes 2024, section 62U.04, subdivision 4, is amended to read:

Subd. 4.

Encounter data.

(a) All health plan companies, dental organizations, and third-party administrators shall submit encounter data on a monthly basis to a private entity designated by the commissioner of health. The data shall be submitted in a form and manner specified by the commissioner subject to the following requirements:

(1) the data must be de-identified data as described under the Code of Federal Regulations, title 45, section 164.514;

(2) the data for each encounter must include an identifier for the patient's health care home if the patient has selected a health care home, data on contractual value-based payments, and data deemed necessary by the commissioner to uniquely identify claims in the individual health insurance market;

(3) the data must include enrollee race and ethnicity, to the extent available, for claims incurred on or after January 1, 2023; deleted text begin and deleted text end

(4) except for the data described in clauses (2) and (3), the data must not include information that is not included in a health care claim, dental care claim, or equivalent encounter information transaction that is required under section 62J.536 deleted text begin . deleted text end new text begin ; and new text end

new text begin (5) the data must include at least the following data fields for any fully denied claims: new text end

new text begin (i) an indicator of which claim lines were denied; new text end

new text begin (ii) the reason for denial of each denied claim line; new text end

new text begin (iii) the claim line status in terms of adjudication; and new text end

new text begin (iv) a claim identifier to link the original claim to subsequent action on the claim. new text end

(b) The commissioner or the commissioner's designee shall only use the data submitted under paragraph (a) to carry out the commissioner's responsibilities in this section, including supplying the data to providers so they can verify their results of the peer grouping process consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d), and adopted by the commissioner and, if necessary, submit comments to the commissioner or initiate an appeal.

(c) Data on providers collected under this subdivision are private data on individuals or nonpublic data, as defined in section 13.02. Notwithstanding the data classifications in this paragraph, data on providers collected under this subdivision may be released or published as authorized in subdivision 11. The commissioner or the commissioner's designee shall establish procedures and safeguards to protect the integrity and confidentiality of any data that it maintains.

(d) The commissioner or the commissioner's designee shall not publish analyses or reports that identify, or could potentially identify, individual patients.

(e) The commissioner shall compile summary information on the data submitted under this subdivision. The commissioner shall work with its vendors to assess the data submitted in terms of compliance with the data submission requirements and the completeness of the data submitted by comparing the data with summary information compiled by the commissioner and with established and emerging data quality standards to ensure data quality.

Sec. 11.

Minnesota Statutes 2024, section 62U.04, subdivision 13, is amended to read:

Subd. 13.

Expanded access to and use of the all-payer claims data.

(a) The commissioner or the commissioner's designee shall make the data submitted under subdivisions 4, 5, 5a, and 5b, including data classified as private or nonpublic, available to individuals and organizations engaged in research on, or efforts to effect transformation in, health care outcomes, access, quality, disparities, or spending, provided the use of the data serves a public benefit. Data made available under this subdivision may not be used to:

(1) create an unfair market advantage for any participant in the health care market in Minnesota, including health plan companies, payers, and providers;

(2) reidentify or attempt to reidentify an individual in the data; or

(3) publicly report contract details between a health plan company and provider and derived from the data.

(b) To implement paragraph (a), the commissioner shall:

(1) establish detailed requirements for data access; a process for data users to apply to access and use the data; legally enforceable data use agreements to which data users must consent; a clear and robust oversight process for data access and use, including a data management plan, that ensures compliance with state and federal data privacy laws; agreements for state agencies and the University of Minnesota to ensure proper and efficient use and security of data; and technical assistance for users of the data and for stakeholders;

(2) deleted text begin develop a deleted text end new text begin assess fees according to the new text end fee schedule new text begin in subdivision 14 new text end to support the cost of expanded access to and use of the data, provided the fees charged under the schedule do not create a barrier to access or use for those most affected by disparities; deleted text begin and deleted text end

(3) create a research advisory group to advise the commissioner on applications for data use under this subdivision, including an examination of the rigor of the research approach, the technical capabilities of the proposed user, and the ability of the proposed user to successfully safeguard the data deleted text begin . deleted text end new text begin ; and new text end

new text begin (4) annually publish on the Department of Health website a list of projects authorized under this subdivision. new text end

Sec. 12.

Minnesota Statutes 2024, section 62U.04, is amended by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin Fees for expanded access to and use of the all-payer claims database. new text end

new text begin (a) For purposes of this section: new text end

new text begin (1) "custom data set or analysis" means a de-identified data set or report for which a standard data set or limited use data sets are not appropriate, that only provides the minimum necessary data, and that is de-identified using the expert determination method as defined in Code of Federal Regulations, title 45, section 164.514(b)(1); new text end

new text begin (2) "data file" means a data file derived from medical claims, pharmacy claims, dental claims, eligibility information, membership information, or provider information for a single year; new text end

new text begin (3) "limited use data set" means a data set that meets the requirements in Code of Federal Regulations, title 45, section 164.514(e)(2), and may include protected health information from which certain direct identifiers of individuals have been removed under the principle of minimum information necessary; and new text end

new text begin (4) "standard data set" means a static data release designed by the commissioner to serve a wide range of projects in which nearly all de-identified data elements are disclosed in one release after applying the safe harbor de-identification method defined in Code of Federal Regulations, title 45, section 164.514(b)(2), and from which protected health information and any combination of data elements that directly identify any person are excluded. new text end

new text begin (b) The commissioner must assess fees on an individual or organization that receives data under subdivision 13 for the cost of accessing or receiving the data. Costs under this paragraph may include but are not limited to the cost of producing and releasing data to the individual or organization under subdivision 13 and managing infrastructure and operations. The commissioner must assess fees according to the following schedule based on the type of data requested and number of years for which access is requested: new text end

new text begin (1) the fee for a standard data set is $3,500 per data file per year; new text end

new text begin (2) the fee for a limited use data set is $7,000 per data file per year; and new text end

new text begin (3) the fee for a custom data set or analysis is $89 per hour of staff time expended, with fees not to exceed $5,785. new text end

new text begin (c) An individual or organization that receives approval to access or receive data under subdivision 13 must pay all the required fees in full before accessing or receiving the requested data. new text end

new text begin (d) The commissioner may grant a partial or full waiver of the fees in paragraph (b) if the individual or organization requesting the data meets at least one of the following criteria: new text end

new text begin (1) the fees represent a financial hardship to the individual or organization; new text end

new text begin (2) the organization is a self-insured data submitter under this section; new text end

new text begin (3) the individual or organization is affiliated with an academic institution; new text end

new text begin (4) the individual or organization requests a high volume of data files; or new text end

new text begin (5) the request is from a Tribal health director for, or the governing body of, one of the 11 federally recognized Tribes in Minnesota. new text end

new text begin In determining whether to grant a waiver under this paragraph, the commissioner may consult the research advisory group established under subdivision 13. new text end

new text begin (e) Fees paid by an individual or organization approved to access or receive data under subdivision 13 are nonrefundable. Fees collected under this subdivision must be deposited into an account in the state government special revenue fund. Money in that account does not cancel. new text end

new text begin (f) The commissioner must publish the fee schedule in paragraph (b) on the Department of Health website. new text end

Sec. 13.

Minnesota Statutes 2024, section 144.059, subdivision 8, is amended to read:

Subd. 8.

Duties.

(a) The council shall consult with and advise the commissioner on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives in the state.

(b) By February 15 of each new text begin odd-numbered new text end year, the council shall submit to the chairs and ranking minority members of the committees of the senate and the house of representatives with primary jurisdiction over health care a report containing:

(1) the advisory council's assessment of the availability of palliative care in the state;

(2) the advisory council's analysis of barriers to greater access to palliative care; and

(3) recommendations for legislative action, with draft legislation to implement the recommendations.

(c) The Department of Health shall publish the report deleted text begin each year deleted text end on the department's website.

Sec. 14.

Minnesota Statutes 2024, section 144.1222, is amended by adding a subdivision to read:

new text begin Subd. 2e. new text end

new text begin Private residential pool used for certified swimming classes. new text end

new text begin Notwithstanding Minnesota Rules, part 4717.0250, subpart 7, a private residential pool may be used as part of a business if the private residential pool is used by a paying guest of the homeowner and the guest is participating in a certified swimming class conducted by the homeowner, provided that: new text end

new text begin (1) the homeowner is a certified swimming instructor and is conducting a certified swimming class on a one-on-one basis; new text end

new text begin (2) not more than four individuals are in the pool at the same time during the class; new text end

new text begin (3) prior to each new paying guest beginning participation in a certified swimming class: new text end

new text begin (i) the guest, or the guest's parent or legal guardian if the guest is a minor, provides written consent to use of the pool. The written consent must include a statement that the guest, or the guest's parent or legal guardian if the guest is a minor, has received and read materials provided by the Department of Health with information on the risk of disease transmission and other risks associated with pools; and a statement that the Department of Health does not monitor or inspect the homeowner's pool to ensure compliance with the requirements in this section or Minnesota Rules, chapter 4717; and new text end

new text begin (ii) the homeowner tests the pool's water for the concentration of chlorine or bromine, pH, and alkalinity, and the water in the pool meets the requirements for disinfection residual, pH, and alkalinity in Minnesota Rules, part 4717.1750, subparts 3 to 6; and new text end

new text begin (4) the following notice is conspicuously posted at the pool and, prior to each new paying guest beginning participation in a certified swimming class, is provided to the guest or to the guest's parent or legal guardian if the guest is a minor: new text end

new text begin "NOTICE new text end

new text begin This pool is exempt from state and local anti-entrapment and sanitary requirements that prevent waterborne diseases and chemical burns and is not subject to inspection. new text end

new text begin USE AT YOUR OWN RISK" new text end

Sec. 15.

Minnesota Statutes 2024, section 144.1222, subdivision 4, is amended to read:

Subd. 4.

Definitions.

(a) For purposes of this section, the following terms have the meanings given them.

(b) "ASME/ANSI standard" means a safety standard accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers.

(c) "ASTM standard" means a safety standard issued by ASTM International, formerly known as the American Society for Testing and Materials.

(d) "Public pool" means any pool other than a private residential pool, that is: (1) open to the public generally, whether for a fee or free of charge; (2) open exclusively to members of an organization and their guests; (3) open to residents of a multiunit apartment building, apartment complex, residential real estate development, or other multifamily residential area; (4) open to patrons of a hotel or lodging or other public accommodation facility; or (5) operated by a person in a park, school, licensed child care facility, group home, motel, camp, resort, club, condominium, manufactured home park, or political subdivision with the exception of swimming pools at family day care homes licensed under section 142B.41, subdivision 9, paragraph (a).

(e) "Unblockable suction outlet or drain" means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard and meets ASME/ANSI standards.

new text begin (f) "Certified swimming class" means an infant swimming resource (ISR) class; an American Red Cross swimming class, swimming lesson, or learn-to-swim class; or any other swimming class certified by a nationally accredited organization that operates in all 50 states. new text end

new text begin (g) "Certified swimming instructor" means a certified ISR instructor; a certified American Red Cross swimming instructor or swim coach; or any other swimming instructor certified by a nationally accredited organization that operates in all 50 states. new text end

Sec. 16.

Minnesota Statutes 2025 Supplement, section 144.125, subdivision 1, is amended to read:

Subdivision 1.

Duty to perform testing.

(a) It is the duty of (1) the administrative officer or other person in charge of each institution caring for infants 28 days or less of age, (2) the person required in pursuance of the provisions of section 144.215, to register the birth of a child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange to have administered to every infant or child in its care tests for heritable and congenital disorders according to subdivision 2 and rules prescribed by the state commissioner of health.

(b) Testing, recording of test results, reporting of test results, and follow-up of infants with heritable congenital disorders, including hearing loss detected through the early hearing detection and intervention program in section 144.966, shall be performed at the times and in the manner prescribed by the commissioner of health.

(c) The fee to support the newborn screening program, including tests administered under this section and section 144.966, shall be $184.35 per specimen. This fee amount shall be deposited in the state treasury and credited to the state government special revenue fund. new text begin If the individual described in paragraph (a) submits to an insurer a claim for reimbursement for a newborn screening program fee but does not receive reimbursement from the insurer, the individual may request a special fee exemption form from the newborn screening program and may apply for an exemption from the fee. To qualify for the exemption, the individual must provide documentation to the newborn screening program that the insurer did not reimburse the individual for the fee. new text end

(d) The fee to offset the cost of the support services provided under section 144.966, subdivision 3a, shall be $15 per specimen. This fee shall be deposited in the state treasury and credited to the general fund.

Sec. 17.

Minnesota Statutes 2024, section 144.1501, subdivision 2, is amended to read:

Subd. 2.

Availability.

(a) The commissioner of health shall use money appropriated for health professional education loan forgiveness in this section:

(1) for medical residents, physicians, mental health professionals, and alcohol and drug counselors agreeing to practice in designated rural areas or underserved urban communities or specializing in the area of pediatric psychiatry;

(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;

(3) for nurses who agree to practice in a Minnesota nursing home; in an intermediate care facility for persons with developmental disability; in a hospital if the hospital owns and operates a Minnesota nursing home and a minimum of 50 percent of the hours worked by the nurse is in the nursing home; in an assisted living facility as defined in section 144G.08, subdivision 7; or for a home care provider as defined in section 144A.43, subdivision 4; or agree to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;

(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720 hours per year in their designated field in a postsecondary program at the undergraduate level or the equivalent at the graduate level. The commissioner, in consultation with the Healthcare Education-Industry Partnership, shall determine the health care fields where the need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory technology, radiologic technology, and surgical technology;

(5) for pharmacists, advanced dental therapists, dental therapists, and public health nurses who agree to practice in designated rural areas;

(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient encounters to state public program enrollees or patients receiving sliding fee schedule discounts through a formal sliding fee schedule meeting the standards established by the United States Department of Health and Human Services under Code of Federal Regulations, title 42, section 51c.303; and

(7) for nurses employed as a hospital nurse by a nonprofit hospital and providing direct care to patients at the nonprofit hospital.

(b) Appropriations made for health professional education loan forgiveness in this section do not cancel and are available until expended deleted text begin , except that at the end of each biennium, any remaining balance in the account that is not committed by contract and not needed to fulfill existing commitments shall cancel to the fund deleted text end .

Sec. 18.

Minnesota Statutes 2024, section 144.1503, subdivision 7, is amended to read:

Subd. 7.

Selection process.

The commissioner shall determine a maximum award for grants and loan forgiveness, and shall make selections based on the information provided in the grant application, including the demonstrated need for an applicant provider to enhance the education of its workforce, the proposed employee scholarship or loan forgiveness selection process, the applicant's proposed budget, and other criteria as determined by the commissioner. Notwithstanding any law or rule to the contrary, amounts appropriated for purposes of this section do not cancel and are available until expended deleted text begin , except that at the end of each biennium, any remaining amount that is not committed by contract and not needed to fulfill existing commitments shall cancel to the general fund deleted text end .

Sec. 19.

Minnesota Statutes 2024, section 144.1505, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the following definitions apply:

(1) "eligible advanced practice registered nurse program" means a program that is located in Minnesota and is currently accredited as a master's, doctoral, or postgraduate level advanced practice registered nurse program by the Commission on Collegiate Nursing Education or by the Accreditation Commission for Education in Nursing, or deleted text begin is deleted text end new text begin presents a credible plan as new text end a candidate for accreditation;

(2) "eligible dental therapy program" means a dental therapy education program or advanced dental therapy education program deleted text begin that is deleted text end located in Minnesota deleted text begin and is either deleted text end new text begin that new text end :

(i) new text begin is new text end approved by the Board of Dentistry; deleted text begin or deleted text end

(ii) new text begin is new text end currently accredited by the Commission on Dental Accreditation; new text begin or new text end

new text begin (iii) presents a credible plan as a candidate for accreditation; new text end

(3) "eligible mental health professional program" means a program that is located in Minnesota and is deleted text begin listed deleted text end new text begin currently accredited new text end as a mental health professional program by the appropriate accrediting body for clinical social work, psychology, marriage and family therapy, or licensed professional clinical counseling, or deleted text begin is deleted text end new text begin presents a credible plan as new text end a candidate for accreditation;

(4) "eligible pharmacy program" means a program that is located in Minnesota and is currently accredited as a doctor of pharmacy program by the Accreditation Council on Pharmacy Education new text begin or presents a credible plan as a candidate for accreditation new text end ;

(5) "eligible physician assistant program" means a program that is located in Minnesota and is currently accredited as a physician assistant program by the Accreditation Review Commission on Education for the Physician Assistant, or deleted text begin is deleted text end new text begin presents a credible plan as new text end a candidate for accreditation;

(6) "mental health professional" means an individual providing clinical services in the treatment of mental illness who meets one of the qualifications under section 245.462, subdivision 18;

(7) "eligible physician training program" means new text begin a medical school training program or new text end a physician residency training program located in Minnesota deleted text begin and deleted text end that is currently accredited by the accrediting body or has presented a credible plan as a candidate for accreditation;

(8) "eligible dental program" means a dental education program or a dental residency training program located in Minnesota and that is currently accredited by the accrediting body or has presented a credible plan as a candidate for accreditation; deleted text begin and deleted text end

(9) "project" means a project to deleted text begin establish or expand deleted text end new text begin (i) plan or implement a new eligible new text end clinical training deleted text begin for physician assistants, advanced practice registered nurses, pharmacists, dental therapists, advanced dental therapists, or mental health professionals in Minnesota. deleted text end new text begin program or increase the base number of trainees in an existing eligible clinical training program, or (ii) add or expand rural rotations or clinical training experiences in an existing eligible clinical training program; new text end

new text begin (10) "rural community" means a Tribal Nation, statutory city, home rule charter city, or township in Minnesota that is outside the seven-county metropolitan area as defined in section 473.121, subdivision 2; and new text end

new text begin (11) "underserved community" means a Minnesota area or population included in the list of designated primary medical care health professional shortage areas, medically underserved areas, or medically underserved populations maintained and updated by the United States Department of Health and Human Services. new text end

Sec. 20.

Minnesota Statutes 2024, section 144.1505, subdivision 2, is amended to read:

Subd. 2.

Programs.

(a) For advanced practice provider clinical training expansion grants, the commissioner of health shall award deleted text begin health professional training site deleted text end grants to eligible physician assistant, advanced practice registered nurse, pharmacy, dental therapy, and mental health professional programs to plan and implement deleted text begin expanded deleted text end new text begin a new eligible clinical training program or increase the base number of trainees in an existing eligible new text end clinical training new text begin program new text end . new text begin Clinical training must take place in communities outside the seven-county metropolitan area as defined in section 473.121, subdivision 2, or in underserved communities. new text end A planning grant shall not exceed $75,000, and a three-year training grant shall not exceed $300,000 per project. The commissioner may provide a deleted text begin one-year, deleted text end no-cost extension for grants.

(b) For health professional rural deleted text begin and underserved deleted text end clinical rotations grants, the commissioner of health shall award deleted text begin health professional training site deleted text end grants to new text begin existing new text end eligible physician, physician assistant, advanced practice registered nurse, pharmacy, dentistry, dental therapy, and mental health professional new text begin training new text end programs to deleted text begin augment existing clinical deleted text end deleted text begin training programs to deleted text end add new text begin , expand, or enhance new text end rural deleted text begin and underserved deleted text end rotations or clinical training experiences, such as credential or certificate rural tracks or other specialized training. new text begin Rotations and clinical training experiences must take place in rural communities, excluding the cities of Duluth, Moorhead, Rochester, and St. Cloud. new text end For physician and dentist training, the expanded training must include rotations in primary care settings such as community clinics, hospitals, health maintenance organizations, or practices in rural communities.

(c) new text begin Advanced practice provider clinical training expansion grant new text end funds may be used for:

(1) deleted text begin establishing or expanding rotations deleted text end new text begin planning new text end and new text begin implementing a new new text end clinical training new text begin program or increasing the base number of trainees in an existing clinical training program as described in paragraph (a) new text end ;

(2) recruitment, training, and retention of students deleted text begin and deleted text end new text begin , new text end faculty new text begin , and preceptors new text end ;

(3) connecting students with appropriate clinical training sites, internships, practicums, or externship deleted text begin activities deleted text end new text begin opportunities new text end ;

(4) travel and lodging for students;

(5) faculty, student, and preceptor salaries, incentives, or other financial support;

(6) development and implementation of new text begin health equity and new text end cultural deleted text begin competency deleted text end new text begin responsiveness new text end training;

(7) evaluations new text begin of the clinical training program to inform program improvements new text end ;

(8) training site improvements, fees, equipment, and supplies required to establish, maintain, or expand a training program; deleted text begin and deleted text end

(9) supporting clinical education in which trainees are part of a primary care team model deleted text begin . deleted text end new text begin ; and new text end

new text begin (10) onboarding expenses for trainees to meet clinical training site requirements. new text end

new text begin (d) Health professional rural clinical rotation grant funds may be used for: new text end

new text begin (1) adding, expanding, or enhancing rural rotations and clinical training experiences in an existing clinical training program as described in paragraph (b); new text end

new text begin (2) recruitment, training, and retention of students, faculty, and preceptors; new text end

new text begin (3) connecting students with appropriate clinical training sites, internships, practicums, or externship opportunities; new text end

new text begin (4) travel and lodging for students; new text end

new text begin (5) faculty, student, and preceptor salaries, stipends, or other financial support; new text end

new text begin (6) development and implementation of health equity and cultural responsiveness training; new text end

new text begin (7) evaluations of the rural rotation or clinical training experience to inform program improvements; new text end

new text begin (8) training site improvements, fees, equipment, and supplies required to establish or expand rural rotations or clinical training experiences; new text end

new text begin (9) supporting clinical education in which trainees are part of a primary care team model; and new text end

new text begin (10) onboarding expenses for trainees to meet clinical training site requirements. new text end

Sec. 21.

Minnesota Statutes 2024, section 144.1505, subdivision 3, is amended to read:

Subd. 3.

Applications.

new text begin (a) new text end Eligible physician assistant, advanced practice registered nurse, pharmacy, dental therapy, dental, physician, and mental health professional programs seeking a grant shall apply to the commissioner. Applications new text begin for advanced practice provider clinical training expansion grants new text end must include a description of the number of additional students who will be trained using grant funds deleted text begin ; deleted text end new text begin and new text end attestation that funding will be used to support an increase in the number of clinical training slots deleted text begin ; deleted text end new text begin . new text end

new text begin (b) All applications must include new text end a description of the problem that the proposed project will address; a description of the project, including all costs associated with the project deleted text begin , deleted text end new text begin ; new text end sources of funds for the project deleted text begin , deleted text end new text begin ; new text end detailed uses of all funds for the project, and the results expected; and a plan to maintain or operate deleted text begin any component included in deleted text end the project after the grant period new text begin , including a description of potential barriers to sustainability new text end . deleted text begin The applicant deleted text end new text begin Applicants new text end must describe achievable objectives, a timetable, and roles and capabilities of responsible individuals in the organization.

deleted text begin Applicants applying under subdivision 2, paragraph (b), deleted text end new text begin (c) Applications for rural clinical rotation grants new text end must include new text begin a description of the new, expanded, or enhanced rural rotations or clinical training experiences; attestation that funding will be used to support improved rural clinical training experiences; and new text end information about length of training and training site settings, geographic location of rural sites, and rural populations expected to be served.

Sec. 22.

Minnesota Statutes 2024, section 144.1507, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Eligible program" means a program that meets the following criteria:

(1) is located in Minnesota;

(2) trains medical residents in the specialties of family medicine, general internal medicine, general pediatrics, psychiatry, geriatrics, or general surgery in rural residency training programs or in community-based ambulatory care centers that primarily serve the underserved new text begin , or trains postdoctoral psychology residents new text end ; and

(3) is accredited by the Accreditation Council for Graduate Medical Education new text begin or the American Psychological Association new text end or presents a credible plan to obtain accreditation.

new text begin (c) "Rural community" means a Tribal Nation, statutory city, home rule charter city, or township in Minnesota that is outside the seven-county metropolitan area as defined in section 473.121, subdivision 2, excluding the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud. new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Rural residency training program" means a new text begin rural medical new text end residency program new text begin or a rural psychology residency program new text end that provides deleted text begin an initial year of deleted text end training in an accredited residency program in Minnesota. deleted text begin The subsequent years of the residency program are deleted text end new text begin At least two-thirds of the residency training must be new text end based in rural communities, utilizing local clinics and community hospitals, with specialty rotations in nearby regional medical centers. new text begin When specialty rotations cannot take place within rural communities, training may occur in nonrural sites provided that at least one-half of all training occurs in rural communities. For residency training programs in general surgery, pediatrics, and psychiatry, at least one-half of the residency training must be based in communities outside the seven-county metropolitan area, with rotations in rural communities. new text end

deleted text begin (d) deleted text end new text begin (e) new text end "Community-based ambulatory care centers" means federally qualified health centers, community mental health centers, rural health clinics, health centers operated by the Indian Health Service, an Indian Tribe or Tribal organization, or an urban American Indian organization or an entity receiving funds under Title X of the Public Health Service Act.

deleted text begin (e) deleted text end new text begin (f) new text end "Eligible project" means a project to establish and maintain a rural residency training program.

Sec. 23.

Minnesota Statutes 2024, section 144.1507, subdivision 2, is amended to read:

Subd. 2.

Rural residency training program.

(a) The commissioner of health shall award rural residency training program grants to eligible programs to plan, implement, and sustain rural residency training programs. A rural new text begin medical new text end residency training program grant shall not exceed $250,000 per year for up to three years for planning and development, and $225,000 per resident per year for each year thereafter to sustain the program. new text begin A rural psychology residency training program grant shall not exceed $150,000 per year for up to three years for planning and development and $150,000 per resident per year for each year thereafter to sustain the program. Medical and psychology residency programs that meet eligibility guidelines and continue to demonstrate financial need shall be granted sustaining funds, renewable every five years. new text end

(b) Funds may be spent to cover the costs of:

(1) planning related to establishing accredited rural residency training programs;

(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education new text begin , the American Psychological Association, new text end or another national body that accredits rural residency training programs;

(3) establishing new rural residency training programs;

(4) recruitment, training, and retention of new residents and faculty related to the new rural residency training program;

(5) travel and lodging for new residents;

(6) faculty, new resident, and preceptor salaries related to new rural residency training programs;

(7) training site improvements, fees, equipment, and supplies required for new rural residency training programs; and

(8) supporting clinical education in which trainees are part of a primary care team model.

Sec. 24.

Minnesota Statutes 2024, section 144.1507, subdivision 4, is amended to read:

Subd. 4.

Consideration of grant applications.

The commissioner shall review each application to determine if the residency program application is complete, if the proposed rural residency program and residency slots are eligible for a grant, and if the program is eligible for federal graduate medical education funding, and when the funding is available. If eligible programs are not eligible for federal graduate medical education funding, the commissioner may award continuation funding to the eligible program beyond the initial grant period new text begin without requiring a competitive application new text end . The commissioner shall award grants to support training programs in family medicine, general internal medicine, general pediatrics, psychiatry, geriatrics, general surgery, new text begin psychology, new text end and other primary care focus areas.

Sec. 25.

Minnesota Statutes 2024, section 144.1507, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Clinical training program coordination. new text end

new text begin The commissioner may award grants to the University of Minnesota to provide technical assistance to residency training programs for coordinated development of rural clinical training programs statewide. new text end

Sec. 26.

Minnesota Statutes 2024, section 144.1911, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The international medical graduates assistance program is established to address barriers to practice and facilitate pathways to assist immigrant international medical graduates to integrate into the Minnesota health care delivery system, with the goal of increasing access to primary care in rural and underserved areas of the state. new text begin Notwithstanding any law to the contrary, appropriations made to the program do not cancel and are available until expended. new text end

Sec. 27.

Minnesota Statutes 2024, section 144.1911, subdivision 5, is amended to read:

Subd. 5.

Clinical preparation.

deleted text begin (a) deleted text end The commissioner shall award grants to support clinical preparation for Minnesota international medical graduates needing additional clinical preparation or experience to qualify for residency. The grant program shall include:

(1) proposed training curricula;

(2) associated policies and procedures for clinical training sites, which must be part of existing clinical medical education programs in Minnesota; and

(3) monthly stipends for international medical graduate participants. Priority shall be given to primary care sites in rural or underserved areas of the state deleted text begin , and deleted text end new text begin . new text end International medical graduate participants new text begin who receive funding through the international medical graduate primary care residency grant program new text end must commit to serving at least five years in a rural or underserved community of the state.

deleted text begin (b) The policies and procedures for the clinical preparation grants must be developed by December 31, 2015, including an implementation schedule that begins awarding grants to clinical preparation programs beginning in June of 2016. deleted text end

Sec. 28.

Minnesota Statutes 2024, section 144.1911, subdivision 6, is amended to read:

Subd. 6.

International medical graduate primary care residency grant program and revolving account.

(a) The commissioner shall award grants to support primary care residency positions designated for Minnesota immigrant physicians who are willing to serve in rural or underserved areas of the state. No grant shall exceed $150,000 per residency position per year. Eligible primary care residency grant recipients include accredited family medicine, general surgery, internal medicine, obstetrics and gynecology, psychiatry, and pediatric residency programs. Eligible primary care residency programs shall apply to the commissioner. Applications must include the number of anticipated residents to be funded using grant funds and a budget. deleted text begin Notwithstanding any law to the contrary, funds awarded to grantees in a grant agreement do not lapse until the grant agreement expires. deleted text end Before any funds are distributed, a grant recipient shall provide the commissioner with the following:

(1) a copy of the signed contract between the primary care residency program and the participating international medical graduate;

(2) certification that the participating international medical graduate has lived in Minnesota for at least two years and is certified by the Educational Commission on Foreign Medical Graduates. Residency programs may also require that participating international medical graduates hold a Minnesota certificate of clinical readiness for residency, once the certificates become available; and

(3) verification that the participating international medical graduate has executed a participant agreement pursuant to paragraph (b).

(b) Upon acceptance by a participating residency program, international medical graduates shall enter into an agreement with the commissioner to provide primary care for at least five years in a rural or underserved area of Minnesota after graduating from the residency program and make payments to the revolving international medical graduate residency account for five years beginning in their second year of postresidency employment. Participants shall pay $15,000 or ten percent of their annual compensation each year, whichever is less.

(c) A revolving international medical graduate residency account is established as an account in the special revenue fund in the state treasury. The commissioner of management and budget shall credit to the account appropriations, payments, and transfers to the account. Earnings, such as interest, dividends, and any other earnings arising from fund assets, must be credited to the account. Funds in the account are appropriated annually to the commissioner to award grants and administer the grant program established in paragraph (a). Notwithstanding any law to the contrary, any funds deposited in the account do not expire. The commissioner may accept contributions to the account from private sector entities subject to the following provisions:

(1) the contributing entity may not specify the recipient or recipients of any grant issued under this subdivision;

(2) the commissioner shall make public the identity of any private contributor to the account, as well as the amount of the contribution provided; and

(3) a contributing entity may not specify that the recipient or recipients of any funds use specific products or services, nor may the contributing entity imply that a contribution is an endorsement of any specific product or service.

Sec. 29.

Minnesota Statutes 2024, section 144.293, subdivision 7, is amended to read:

Subd. 7.

Exception to consent.

Subdivision 2 does not apply to the release of health records to the commissioner of health deleted text begin or the Health Data Institute under chapter 62J deleted text end , provided that the commissioner encrypts the patient identifier upon receipt of the data.

Sec. 30.

Minnesota Statutes 2024, section 144.551, subdivision 1, as amended by Laws 2026, chapter 91, section 1, is amended to read:

Subdivision 1.

Restricted construction or modification.

(a) The following construction or modification may not be commenced:

(1) any erection, building, alteration, reconstruction, modernization, improvement, extension, lease, or other acquisition by or on behalf of a hospital that increases the bed capacity of a hospital, relocates hospital beds from one physical facility, complex, or site to another, or otherwise results in an increase or redistribution of hospital beds within the state; and

(2) the establishment of a new hospital.

(b) This section does not apply to:

(1) construction or relocation within a county by a hospital, clinic, or other health care facility that is a national referral center engaged in substantial programs of patient care, medical research, and medical education meeting state and national needs that receives more than 40 percent of its patients from outside the state of Minnesota;

(2) a project for construction or modification for which a health care facility held an approved certificate of need on May 1, 1984, regardless of the date of expiration of the certificate;

(3) a project for which a certificate of need was denied before July 1, 1990, if a timely appeal results in an order reversing the denial;

(4) a project exempted from certificate of need requirements by Laws 1981, chapter 200, section 2;

(5) a project involving consolidation of pediatric specialty hospital services within the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the number of pediatric specialty hospital beds among the hospitals being consolidated;

(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds to an existing licensed hospital that will allow for the reconstruction of a new philanthropic, pediatric-orthopedic hospital on an existing site and that will not result in a net increase in the number of hospital beds. Upon completion of the reconstruction, the licenses of both hospitals must be reinstated at the capacity that existed on each site before the relocation;

(7) the relocation or redistribution of hospital beds within a hospital building or identifiable complex of buildings provided the relocation or redistribution does not result in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds from one physical site or complex to another; or (iii) redistribution of hospital beds within the state or a region of the state;

(8) relocation or redistribution of hospital beds within a hospital corporate system that involves the transfer of beds from a closed facility site or complex to an existing site or complex provided that: (i) no more than 50 percent of the capacity of the closed facility is transferred; (ii) the capacity of the site or complex to which the beds are transferred does not increase by more than 50 percent; (iii) the beds are not transferred outside of a federal health systems agency boundary in place on July 1, 1983; (iv) the relocation or redistribution does not involve the construction of a new hospital building; and (v) the transferred beds are used first to replace within the hospital corporate system the total number of beds previously used in the closed facility site or complex for mental health services and substance use disorder services. Only after the hospital corporate system has fulfilled the requirements of this item may the remainder of the available capacity of the closed facility site or complex be transferred for any other purpose;

(9) a construction project involving up to 35 new beds in a psychiatric hospital in Rice County that primarily serves adolescents and that receives more than 70 percent of its patients from outside the state of Minnesota;

(10) a project to replace a hospital or hospitals with a combined licensed capacity of 130 beds or less if: (i) the new hospital site is located within five miles of the current site; and (ii) the total licensed capacity of the replacement hospital, either at the time of construction of the initial building or as the result of future expansion, will not exceed 100 licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;

(11) the relocation of licensed hospital beds from an existing state facility operated by the Direct Care and Treatment executive board to a new or existing facility, building, or complex operated by the Direct Care and Treatment executive board; from one regional treatment center site to another; or from one building or site to a new or existing building or site on the same campus;

(12) the construction or relocation of hospital beds operated by a hospital having a statutory obligation to provide hospital and medical services for the indigent that does not result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27 beds, of which 12 serve mental health needs, may be transferred from Hennepin County Medical Center to Regions Hospital under this clause;

(13) a construction project involving the addition of up to 31 new beds in an existing nonfederal hospital in Beltrami County;

(14) a construction project involving the addition of up to eight new beds in an existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;

(15) a construction project involving the addition of 20 new hospital beds in an existing hospital in Carver County serving the southwest suburban metropolitan area;

(16) a project for the construction or relocation of up to 20 hospital beds for the operation of up to two psychiatric facilities or units for children provided that the operation of the facilities or units have received the approval of the commissioner of human services;

(17) a project involving the addition of 14 new hospital beds to be used for rehabilitation services in an existing hospital in Itasca County;

(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin County that closed 20 rehabilitation beds in 2002, provided that the beds are used only for rehabilitation in the hospital's current rehabilitation building. If the beds are used for another purpose or moved to another location, the hospital's licensed capacity is reduced by 20 beds;

(19) a critical access hospital established under section 144.1483, clause (9), and section 1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public Law 105-33, to the extent that the critical access hospital does not seek to exceed the maximum number of beds permitted such hospital under federal law;

(20) notwithstanding section 144.552, a project for the construction of a new hospital in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:

(i) the project, including each hospital or health system that will own or control the entity that will hold the new hospital license, is approved by a resolution of the Maple Grove City Council as of March 1, 2006;

(ii) the entity that will hold the new hospital license will be owned or controlled by one or more not-for-profit hospitals or health systems that have previously submitted a plan or plans for a project in Maple Grove as required under section 144.552, and the plan or plans have been found to be in the public interest by the commissioner of health as of April 1, 2005;

(iii) the new hospital's initial inpatient services must include, but are not limited to, medical and surgical services, obstetrical and gynecological services, intensive care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics, behavioral health services, and emergency room services;

(iv) the new hospital:

(A) will have the ability to provide and staff sufficient new beds to meet the growing needs of the Maple Grove service area and the surrounding communities currently being served by the hospital or health system that will own or control the entity that will hold the new hospital license;

(B) will provide uncompensated care;

(C) will provide mental health services, including inpatient beds;

(D) will be a site for workforce development for a broad spectrum of health-care-related occupations and have a commitment to providing clinical training programs for physicians and other health care providers;

(E) will demonstrate a commitment to quality care and patient safety;

(F) will have an electronic medical records system, including physician order entry;

(G) will provide a broad range of senior services; new text begin and new text end

(H) will provide emergency medical services that will coordinate care with regional providers of trauma services and licensed emergency ambulance services in order to enhance the continuity of care for emergency medical patients; and

deleted text begin (I) will be completed by December 31, 2009, unless delayed by circumstances beyond the control of the entity holding the new hospital license; and deleted text end

(v) as of 30 days following submission of a written plan, the commissioner of health has not determined that the hospitals or health systems that will own or control the entity that will hold the new hospital license are unable to meet the criteria of this clause;

(21) a project approved under section 144.553;

(22) a project for the construction of a hospital with up to 25 beds in Cass County within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's license holder is approved by the Cass County Board;

(23) a project for an acute care hospital in Fergus Falls that will increase the bed capacity from 108 to 110 beds by increasing the rehabilitation bed capacity from 14 to 16 and closing a separately licensed 13-bed skilled nursing facility;

(24) notwithstanding section 144.552, a project for the construction and expansion of a specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively for patients who are under 21 years of age on the date of admission. The commissioner conducted a public interest review of the mental health needs of Minnesota and the Twin Cities metropolitan area in 2008. No further public interest review shall be conducted for the construction or expansion project under this clause;

(25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls, if the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete;

(26)(i) a project for a 20-bed psychiatric hospital, within an existing facility in the city of Maple Grove, exclusively for patients who are under 21 years of age on the date of admission, if the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete;

(ii) this project shall serve patients in the continuing care benefit program under section 256.9693. The project may also serve patients not in the continuing care benefit program; and

(iii) if the project ceases to participate in the continuing care benefit program, the commissioner must complete a subsequent public interest review under section 144.552. If the project is found not to be in the public interest, the license must be terminated six months from the date of that finding. If the commissioner of human services terminates the contract without cause or reduces per diem payment rates for patients under the continuing care benefit program below the rates in effect for services provided on December 31, 2015, the project may cease to participate in the continuing care benefit program and continue to operate without a subsequent public interest review;

(27) a project involving the addition of 21 new beds in an existing psychiatric hospital in Hennepin County that is exclusively for patients who are under 21 years of age on the date of admission;

(28) a project to add 55 licensed beds in an existing safety net, level I trauma center hospital in Ramsey County as regulated under section 383A.91, subdivision 5, of which 15 beds are to be used for inpatient mental health and 40 are to be used for other services. In addition, five unlicensed observation mental health beds shall be added;

(29) upon submission of a plan to the commissioner for public interest review under section 144.552 and the addition of the 15 inpatient mental health beds specified in clause (28), to its bed capacity, a project to add 45 licensed beds in an existing safety net, level I trauma center hospital in Ramsey County as regulated under section 383A.91, subdivision 5. Five of the 45 additional beds authorized under this clause must be designated for use for inpatient mental health and must be added to the hospital's bed capacity before the remaining 40 beds are added. Notwithstanding section 144.552, the hospital may add licensed beds under this clause prior to completion of the public interest review, provided the hospital submits its plan by the 2021 deadline and adheres to the timelines for the public interest review described in section 144.552;

(30) upon submission of a plan to the commissioner for public interest review under section 144.552, a project to add up to 30 licensed beds in an existing psychiatric hospital in Hennepin County that exclusively provides care to patients who are under 21 years of age on the date of admission. Notwithstanding section 144.552, the psychiatric hospital may add licensed beds under this clause prior to completion of the public interest review, provided the hospital submits its plan by the 2021 deadline and adheres to the timelines for the public interest review described in section 144.552;

(31) any project to add licensed beds in a hospital located in Cook County or Mahnomen County that: (i) is designated as a critical access hospital under section 144.1483, clause (9), and United States Code, title 42, section 1395i-4; (ii) has a licensed bed capacity of fewer than 25 beds; and (iii) has an attached nursing home, so long as the total number of licensed beds in the hospital after the bed addition does not exceed 25 beds. Notwithstanding section 144.552, a public interest review is not required for a project authorized under this clause;

(32) upon submission of a plan to the commissioner for public interest review under section 144.552, a project to add 22 licensed beds at a Minnesota freestanding children's hospital in St. Paul that is part of an independent pediatric health system with freestanding inpatient hospitals located in Minneapolis and St. Paul. The beds shall be utilized for pediatric inpatient behavioral health services. Notwithstanding section 144.552, the hospital may add licensed beds under this clause prior to completion of the public interest review, provided the hospital submits its plan by the 2022 deadline and adheres to the timelines for the public interest review described in section 144.552;

(33) a project for a 144-bed psychiatric hospital on the site of the former Bethesda hospital in the city of Saint Paul, Ramsey County, if the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete. Following the completion of the construction project, the commissioner of health shall monitor the hospital, including by assessing the hospital's case mix and payer mix, patient transfers, and patient diversions. The hospital must have an intake and assessment area. The hospital must accommodate patients with acute mental health needs, whether they walk up to the facility, are delivered by ambulances or law enforcement, or are transferred from other facilities. The hospital must comply with subdivision 1a, paragraph (b). The hospital must annually submit de-identified data to the department in the format and manner defined by the commissioner;

(34) a project involving the relocation of up to 26 licensed long-term acute care hospital beds from an existing long-term care hospital located in Hennepin County with a licensed capacity prior to the relocation of 92 beds to dedicated space on the campus of an existing safety net, level I trauma center hospital in Ramsey County as regulated under section 383A.91, subdivision 5, provided both the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete and the relocated beds continue to be used as long-term acute care hospital beds after the relocation; or

(35) a project to add 85 licensed beds in an existing safety net, level I trauma center hospital in Ramsey County as regulated under section 383A.91, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 31.

Minnesota Statutes 2024, section 145.56, subdivision 5, is amended to read:

Subd. 5.

Periodic evaluations; biennial reports.

To the extent funds are appropriated for the purposes of this subdivision, the commissioner shall conduct periodic evaluations of the impact of and outcomes from implementation of the state's suicide prevention plan and each of the activities specified in this section. deleted text begin By July 1, 2002, and deleted text end new text begin On new text end July 1 of each even-numbered year deleted text begin thereafter deleted text end , the commissioner shall report the results of these evaluations to the chairs of the policy and finance committees in the house of representatives and senate with jurisdiction over health and human services issues.

Sec. 32.

Minnesota Statutes 2024, section 145.561, subdivision 2, is amended to read:

Subd. 2.

988 Lifeline.

(a) The commissioner shall administer the designation of and oversight for a 988 Lifeline center or a network of 988 Lifeline centers to answer contacts from individuals accessing the Suicide and Crisis Lifeline from any jurisdiction within the state 24 hours per day, seven days per week.

(b) The designated 988 Lifeline Center must:

(1) have an active agreement with the 988 Suicide and Crisis Lifeline program for participation in the network and the department;

(2) meet the 988 Lifeline program requirements and best practice guidelines for operational and clinical standards;

(3) provide data and reports, and participate in evaluations and related quality improvement activities as required by the 988 Lifeline program and the department;

(4) identify or adapt technology that is demonstrated to be interoperable across mobile crisis and public safety answering points used in the state for the purpose of crisis care coordination;

(5) facilitate crisis and outgoing services, including mobile crisis teams in accordance with guidelines established by the 988 Lifeline program and the department;

(6) actively collaborate and coordinate service linkages with mental health and substance use disorder treatment providers, local community mental health centers including certified community behavioral health clinics and community behavioral health centers, mobile crisis teams, and community based and hospital emergency departments;

(7) offer follow-up services to individuals accessing the 988 Lifeline Center that are consistent with guidance established by the 988 Lifeline program and the department; and

(8) meet the requirements set by the 988 Lifeline program and the department for serving at-risk and specialized populations.

(c) The commissioner shall adopt rules to allow appropriate information sharing and communication between and across crisis and emergency response systems.

(d) The commissioner, having primary oversight of suicide prevention, shall work with the 988 Lifeline program, veterans crisis line, and other SAMHSA-approved networks for the purpose of ensuring consistency of public messaging about 988 services.

(e) The commissioner shall work with representatives from 988 Lifeline Centers and public safety answering points, other public safety agencies, and the commissioner of public safety to facilitate the development of protocols and procedures for interactions between 988 and 911 services across Minnesota. Protocols and procedures shall be developed following available national standards and guidelines.

(f) The commissioner shall provide deleted text begin an annual deleted text end new text begin a biennial new text end public report on 988 Lifeline usage new text begin by July 1 of each even-numbered year new text end , including data on answer rates, abandoned calls, and referrals to 911 emergency response. new text begin The biennial report may be included as a section within the state suicide prevention report required under section 145.56. new text end

Sec. 33.

Minnesota Statutes 2024, section 145.882, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Contracting and procurement. new text end

new text begin The commissioner is exempt from the contract term limits in chapter 16C for issuance of benefits under the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) through an electronic benefit transfer (EBT) system and related services and contracts. The contracts may have an initial term of up to five years, with extensions not to exceed a ten-year total contract duration. new text end

Sec. 34.

Minnesota Statutes 2024, section 145.882, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Management information systems; contracting and procurement. new text end

new text begin WIC is exempt from the contract term limits in chapter 16C for the management information systems used for issuance of supplemental nutrition benefits and the WIC EBT systems used for processing the redemptions of supplemental nutrition benefits. These contracts may have an initial term of up to five years, with extensions not to exceed a ten-year total contract duration. new text end

Sec. 35.

Minnesota Statutes 2024, section 145A.04, subdivision 15, is amended to read:

Subd. 15.

State and local advisory committees.

(a) A state community health services advisory committee is established to advise, consult with, and make recommendations to the commissioner on the development, maintenance, funding, and evaluation of local new text begin and Tribal new text end public health services. Each community health board may appoint a member to serve on the committee. new text begin Each of Minnesota's federally recognized Tribal Nations may appoint a member to serve on the committee. new text end The committee must meet at least quarterly, and special meetings may be called by the committee chair or a majority of the members. new text begin A Tribal Nation may elect to participate at any time. new text end Members or their alternates may be reimbursed for travel and other necessary expenses while engaged in their official duties.

(b) Notwithstanding section 15.059, the State Community Health Services Advisory Committee does not expire.

(c) The city boards or county boards that have established or are members of a community health board may appoint a community health advisory committee to advise, consult with, and make recommendations to the community health board on the duties under subdivision 1a.

Sec. 36.

Minnesota Statutes 2024, section 145A.14, subdivision 2a, is amended to read:

Subd. 2a.

Tribal governments.

(a) Of the funding available for local public health grants, $1,500,000 per year is available to Tribal governments for:

(1) maternal and child health activities deleted text begin under section 145.882, subdivision 7 deleted text end ;

(2) activities to reduce health disparities deleted text begin under section deleted text end deleted text begin 145.928, subdivision 10 deleted text end ; deleted text begin and deleted text end

(3) emergency preparedness new text begin ; and new text end

new text begin (4) additional public health activities identified by each Tribal government new text end .

(b) The commissioner, in consultation with Tribal governments, shall establish a formula for distributing the funds and developing the outcomes to be measured.

Sec. 37.

Minnesota Statutes 2024, section 148.517, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

An applicant who applies for licensure as a speech-language pathologist or audiologist by reciprocity must meet the requirements of subdivisions 2 and 3. new text begin An applicant who applies for licensure as an audiologist by reciprocity must pass the practical exam required under section 148.515, subdivision 6. new text end

Sec. 38.

Minnesota Statutes 2024, section 148.517, subdivision 2, is amended to read:

Subd. 2.

Current credentials required.

An applicant applying for licensure by reciprocity must provide evidence to the commissioner that the applicant holds a current and unrestricted credential for the practice of speech-language pathology or audiology in another jurisdiction that has requirements equivalent to or higher than those in effect for determining whether an applicant in this state is qualified to be licensed as a speech-language pathologist or audiologist. An applicant who provides sufficient evidence need not meet the requirements of section 148.515, new text begin except for section 148.515, subdivision 6, for applicants for licensure as an audiologist, new text end provided that the applicant otherwise meets all other requirements of section 148.514.

Sec. 39.

Minnesota Statutes 2024, section 148.5191, subdivision 4, is amended to read:

Subd. 4.

Renewal deadline.

Each license, including a temporary license provided under section 148.5161, must state an expiration date. An application for licensure renewal must be received by the Department of Health deleted text begin or postmarked deleted text end at least 30 days before the expiration date. deleted text begin If the postmark is illegible, the application shall be considered timely if received at least 21 days before the expiration date. deleted text end

When the commissioner establishes the renewal schedule for an applicant, licensee, or temporary licensee, if the period before the expiration date is less than two years, the fee shall be prorated.

Sec. 40.

Minnesota Statutes 2024, section 149A.91, subdivision 3, is amended to read:

Subd. 3.

Embalming or refrigeration required.

(a) A dead human body must be embalmed by a licensed mortician or registered intern or practicum student or clinical student, refrigerated, or packed in dry ice in the following circumstances:

(1) if the body will be transported by public transportation, pursuant to section 149A.93, subdivision 7;

(2) if final disposition will not be accomplished within 72 hours after death or release of the body by a competent authority with jurisdiction over the body or the body will be lawfully stored for final disposition in the future, except as provided in section 149A.94, subdivision 1;

(3) if the body will be publicly viewed subject to paragraph (b); or

(4) if so ordered by the commissioner of health for the control of infectious disease and the protection of the public health.

(b) For purposes of this subdivision, "publicly viewed" means reviewal of a dead human body by anyone other than those mentioned in section 149A.80, subdivision 2, and their minor children. Dry ice may only be used when the dead human body is publicly viewed within private property.

(c) A body may not be kept in refrigeration for a period that exceeds deleted text begin six deleted text end new text begin 14 new text end calendar days, or packed in dry ice for a period that exceeds four calendar days, from the time and release of the body from the place of death or from the time of release from the coroner or medical examiner.

Sec. 41.

Minnesota Statutes 2024, section 149A.94, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Every dead human body lying within the state, except unclaimed bodies delivered for dissection by the medical examiner, those delivered for anatomical study pursuant to section 149A.81, subdivision 2, or lawfully carried through the state for the purpose of disposition elsewhere; and the remains of any dead human body after dissection or anatomical study, shall be decently buried or entombed in a public or private cemetery, alkaline hydrolyzed, cremated, or deleted text begin , effective July 1, 2025, deleted text end naturally reduced within deleted text begin a reasonable time deleted text end new text begin 14 calendar days new text end after death new text begin or release of the body by a competent authority with jurisdiction over the body new text end . Where final disposition of a body will not be accomplished, or deleted text begin , effective July 1, 2025, deleted text end when natural organic reduction will not be initiated, within 72 hours following death or release of the body by a competent authority with jurisdiction over the body, the body must be properly embalmed, refrigerated, or packed with dry ice. A body may not be kept in refrigeration for a period exceeding deleted text begin six deleted text end new text begin 14 new text end calendar days, or packed in dry ice for a period that exceeds four calendar days, from the time of death or release of the body from the coroner or medical examiner.

Sec. 42.

Minnesota Statutes 2024, section 149A.955, subdivision 14, is amended to read:

Subd. 14.

Bodies awaiting natural organic reduction.

A dead human body must be placed in the natural organic reduction vessel to initiate the natural reduction process within deleted text begin 24 hours deleted text end new text begin 14 calendar days new text end after the natural organic reduction facility accepts legal and physical custody of the body. new text begin A natural organic reduction facility must keep the body in refrigeration while awaiting natural reduction. If a natural organic reduction facility does not initiate natural reduction within 14 calendar days after accepting legal and physical custody of the body, the facility must arrange final disposition of the body by burial or cremation. The person or persons with the right to control and duty of disposition of the body must determine whether the body is buried or cremated, and the body must be buried or cremated within five calendar days after the end of the 14-day period. new text end

Sec. 43.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 62Q.075, as Minnesota Statutes, section 62D.081. The revisor shall also make necessary cross-reference changes consistent with the renumbering. new text end

Sec. 44.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2024, sections 13D.08, subdivision 4; 62J.06; 62J.156; 62J.2930, subdivision 4; 62J.57; and 144.9821, new text end new text begin are repealed. new text end

ARTICLE 2

GAS RESOURCE DEVELOPMENT

Section 1.

Minnesota Statutes 2024, section 93.514, is amended to read:

93.514 GAS AND OIL PRODUCTION RULEMAKING.

(a) The following agencies may adopt rules governing gas and oil exploration or production, as applicable:

(1) the commissioner of the Pollution Control Agency may adopt or amend rules regulating air emissions; water discharges, including stormwater management; and storage tanks as they pertain to gas and oil production;

deleted text begin (2) the commissioner of health may adopt or amend rules on groundwater and surface water protection, exploratory boring construction, drilling registration and licensure, and inspections as they pertain to the exploration and appraisal of gas and oil resources; deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the Environmental Quality Board may adopt or amend rules to establish mandatory categories for environmental review as they pertain to gas and oil production;

deleted text begin (4) deleted text end new text begin (3) new text end the commissioner of natural resources must adopt or amend rules pertaining to deleted text begin the conversion of an exploratory boring to a production well, deleted text end pooling, spacing, unitization, deleted text begin well abandonment, deleted text end siting, financial assurance, and reclamation for the production of gas and oil; and

deleted text begin (5) deleted text end new text begin (4) new text end the commissioner of labor and industry may adopt or amend rules to protect workers from exposure and other potential hazards from gas and oil production.

(b) An agency adopting rules under this section must use the expedited procedure in section 14.389. Rules adopted or amended under this authority are exempt from the 18-month time limit under section 14.125. The agency must publish notice of intent to adopt expedited rules within 24 months of May 22, 2024.

(c) For purposes of this section, "gas" includes both hydrocarbon and nonhydrocarbon gases. "Production" includes extraction and beneficiation of gas or oil from consolidated or unconsolidated formations in the state.

(d) Any grant of rulemaking authority in this section is in addition to existing rulemaking authority and does not replace, impair, or interfere with any existing rulemaking authority.

new text begin (e) An entity adopting rules under this section is subject to the Tribal consultation requirements under section 10.65. new text end

Sec. 2.

Minnesota Statutes 2024, section 103I.001, is amended to read:

103I.001 LEGISLATIVE INTENT.

This chapter is intended to protect the health and general welfare by providing a means for the deleted text begin development and deleted text end protection of the natural resource of groundwater in an orderly, healthful, and reasonable manner.

Sec. 3.

Minnesota Statutes 2024, section 103I.005, subdivision 9, is amended to read:

Subd. 9.

Exploratory boring.

"Exploratory boring" means a surface drilling done to explore or prospect for deleted text begin oil, natural deleted text end gas, apatite, diamonds, graphite, gemstones, kaolin clay, and metallic minerals, including iron, copper, zinc, lead, gold, silver, titanium, vanadium, nickel, cadmium, molybdenum, chromium, manganese, cobalt, zirconium, beryllium, thorium, uranium, aluminum, platinum, palladium, radium, tantalum, tin, and niobium deleted text begin , and a drilling or boring for petroleum deleted text end .

Sec. 4.

Minnesota Statutes 2024, section 103I.005, is amended by adding a subdivision to read:

new text begin Subd. 10a. new text end

new text begin Gas. new text end

new text begin "Gas" includes both hydrocarbon and nonhydrocarbon gases. new text end

Sec. 5.

Minnesota Statutes 2024, section 103I.005, is amended by adding a subdivision to read:

new text begin Subd. 10b. new text end

new text begin Gas well. new text end

new text begin "Gas well" means an excavation that is constructed to locate, extract, or produce gas. new text end

Sec. 6.

Minnesota Statutes 2024, section 103I.005, is amended by adding a subdivision to read:

new text begin Subd. 10c. new text end

new text begin Gas well contractor. new text end

new text begin "Gas well contractor" means a person with a gas well contractor's license issued by the commissioner. new text end

Sec. 7.

Minnesota Statutes 2024, section 103I.005, is amended by adding a subdivision to read:

new text begin Subd. 11a. new text end

new text begin Hydraulic fracturing treatment. new text end

new text begin "Hydraulic fracturing treatment" means all stages of the treatment of a gas well by the application of fluid under pressure that is expressly intended to initiate or propagate fractures in a target geologic formation to enhance production of oil and gas. new text end

Sec. 8.

Minnesota Statutes 2024, section 103I.005, subdivision 21, is amended to read:

Subd. 21.

Well.

"Well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the excavation is intended for the location, diversion, artificial recharge, monitoring, testing, remediation, or acquisition of groundwater. Well includes environmental wells, drive point wells, and dewatering wells. "Well" does not include:

(1) an excavation by backhoe, or otherwise for temporary dewatering of groundwater for nonpotable use during construction, if the depth of the excavation is 25 feet or less;

(2) an excavation made to obtain or prospect for oil, deleted text begin natural deleted text end gas, minerals, or products of mining or quarrying;

(3) an excavation to insert media to repressure oil or deleted text begin natural deleted text end gas bearing formations or to store petroleum, deleted text begin natural deleted text end gas, or other products;

(4) an excavation for nonpotable use for wildfire suppression activities; deleted text begin or deleted text end

(5) borings new text begin ; or new text end

new text begin (6) gas and oil wells new text end .

Sec. 9.

Minnesota Statutes 2024, section 103I.601, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following words have the meanings given them.

(b) "Data" includes samples and factual noninterpreted data obtained from exploratory borings and samples including analytical results.

(c) "Parcel" means a government section, fractional section, or government lot.

(d) "Samples" means at least a one-quarter portion of all samples from exploratory borings that are customarily collected by the explorer. When the exploratory borings are being done to explore or prospect for kaolin clay, "samples" means a representative sample of at least two cubic inches of material per foot from exploratory borings of the material that is customarily collected by the explorer.

new text begin (e) "Encounter gas" means a sustained presence of gas in an exploratory boring for at least 24 hours and in which gas has not dissipated prior to sealing. new text end

Sec. 10.

Minnesota Statutes 2024, section 103I.601, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Exploratory borings encountering gas. new text end

new text begin (a) Requirements in this subdivision apply only for exploratory borings encountering gas. new text end

new text begin (b) An explorer must notify the commissioners of health and natural resources: new text end

new text begin (1) within 24 hours of drilling an exploratory boring encountering gas; and new text end

new text begin (2) prior to beginning a permanent sealing of an exploratory boring encountering gas. new text end

new text begin (c) An explorer must submit a permanent sealing notification and fee of $125 to the commissioner prior to permanently sealing an exploratory boring encountering gas. new text end

new text begin (d) An explorer must begin permanently sealing an exploratory boring encountering gas within ten days of encountering gas. new text end

new text begin (e) An exploratory boring encountering gas is exempt from paragraph (d) if the boring is constructed to prevent movement of gas and water within and from one geological formation to another. The boring must be permanently sealed according to rules adopted by the commissioner. new text end

new text begin (f) An exploratory boring encountering gas must be permanently sealed from the bottom of the boring to within two feet of the established ground surface. new text end

new text begin (g) A permanent sealing report as required by subdivision 9 must also contain information indicating gas was encountered during construction and at what depth it was encountered. new text end

new text begin (h) A person must not use an exploratory boring to extract gas for production. new text end

Sec. 11.

Minnesota Statutes 2024, section 103I.601, is amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Conversion of a gas well prohibited. new text end

new text begin A person must not convert a gas well to any other type of well or boring. new text end

Sec. 12.

Minnesota Statutes 2024, section 103I.601, is amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Conversion of a well or boring to a gas well. new text end

new text begin A person must not convert a well or boring to a gas well, except that an exploratory boring may be converted to a gas well if the exploratory boring was constructed: new text end

new text begin (1) with innermost casing meeting API Specification 5CT; new text end

new text begin (2) before July 1, 2025; and new text end

new text begin (3) in compliance with provisions of this chapter. new text end

Sec. 13.

new text begin [103I.706] GAS WELLS. new text end

new text begin Subdivision 1. new text end

new text begin Rulemaking authority. new text end

new text begin The commissioner of health must adopt rules for gas wells including requirements for exploratory borings for gas, and drilling, construction, sealing, use, reporting, and rig registration; and for licensing and certifying persons constructing, repairing, and sealing gas wells. These rules must include a prohibition against hydraulic fracturing treatment and a prohibition against the injection or disposal of surface water, groundwater, or any other liquid, gas, or chemical except for approved drilling fluids. In adopting rules under this section, the commissioner must use the expedited procedure in section 14.389. These rules must distinguish between types of gas based on the risks they pose to groundwater quality, health, and safety, and must specify the requirements that apply when an exploratory boring or gas well encounters a gas different from that for which exploration, prospecting, location, extraction, or production was proposed. Rules adopted or amended under this authority are exempt from the 18-month time limit under section 14.125. The commissioner must publish notice of intent to adopt expedited rules within 24 months after May 22, 2026. In adopting rules under this subdivision, the commissioner is subject to the Tribal consultation requirements under section 10.65. new text end

new text begin Subd. 2. new text end

new text begin Fees. new text end

new text begin (a) License, certification, and registration renewals are not prorated and expire on December 31 of each year. new text end

new text begin (b) An applicant must meet the gas well contractor license requirements and fee requirements to construct, repair, or seal a gas well. The fee for a gas well contractor license is $300. The annual renewal fee for a gas well contractor license is $300. new text end

new text begin (c) A gas well contractor must designate a certified representative. The certified representative must meet the application and fee requirements. The application fee for a certified representative is $100. The annual renewal fee for a certified representative is $100. new text end

new text begin (d) A gas well contractor must meet the registration and fee requirements for rigs used to construct, repair, service, or seal a gas well. The fee to register gas well rigs is $125. The annual renewal fee for gas well rig registration is $125. new text end

new text begin (e) If a gas well contractor or certified representative under paragraphs (b) and (c) fails to submit all information required for renewal or submits the application and information after the required renewal date: new text end

new text begin (1) the gas well contractor or certified representative must include a late fee of $75; and new text end

new text begin (2) the gas well contractor or certified representative may not conduct activities authorized by the gas well contractor's license or certified representative's certification until the renewal application, renewal application fee, and all other information required is submitted. new text end

new text begin (f) A gas well contractor must submit a notification for construction of a proposed gas well on a form prescribed by the commissioner, with a fee of $10,000. new text end

new text begin (g) A gas well contractor must submit a notification for sealing a gas well on a form prescribed by the commissioner, with a fee of $7,500. new text end

new text begin Subd. 3. new text end

new text begin Rig registration. new text end

new text begin (a) Rigs used to drill, maintain, repair, or seal a gas well, including drilling rigs and workover rigs, must be registered with the commissioner. new text end

new text begin (b) A person must file an application to register a rig on a form provided by the commissioner with the fee under subdivision 2, paragraph (d), with the commissioner. new text end

new text begin (c) A registration is valid until the date prescribed by the commissioner in the registration. new text end

new text begin (d) A person must file an application with the fee under subdivision 2, paragraph (d), to renew the registration by the date prescribed by the commissioner in the registration. new text end

new text begin Subd. 4. new text end

new text begin Gas well contractor's license. new text end

new text begin (a) A person must not construct, repair, or seal a gas well without a gas well contractor's license issued by the commissioner. new text end

new text begin (b) A person must file a complete application for a gas well contractor's license on a form provided by the commissioner with the fee under subdivision 2, paragraph (b), with the commissioner. The person applying must meet the qualifications for a gas well contractor license. new text end

new text begin (c) A gas well contractor's license is valid until the date prescribed by the commissioner in the license. new text end

new text begin (d) A gas well contractor must file a complete application with the fee under subdivision 2, paragraph (b), to renew the license by the date prescribed by the commissioner in the license. A person must not construct, repair, or seal a gas well until a gas well contractor's license is renewed. The commissioner may not renew a license until the renewal fee is paid. new text end

new text begin (e) A gas well contractor must include information at the time of renewal that the applicant has met the continuing education requirements established by the commissioner for gas wells. new text end

new text begin (f) A gas well contractor must designate a certified representative to supervise and oversee regulated work on gas wells. new text end

new text begin (g) A person must file a complete application on a form provided by the commissioner with the fee under subdivision 2, paragraph (c), to qualify as a certified representative. new text end

new text begin (h) A certified representative must file an application with the fee under subdivision 2, paragraph (c), to renew the certification by the expiration date prescribed by the commissioner on the certification. A certified representative may not supervise or oversee regulated work on a gas well until the renewal application and application fee are submitted. The commissioner may not review a certification until the renewal fee is paid. new text end

new text begin (i) A certified representative must include information at the time of renewal that the applicant has met the continuing education requirements established by the commissioner for gas wells. new text end

new text begin (j) The commissioner of natural resources may require a bond, security, or other assurance from a gas well contractor if the commissioner of natural resources has reasonable doubts about the person's financial ability to comply with the requirements of law relating to reclamation of a gas well and the process to restore the land disturbed by a gas well drilling and production operations back to the condition of original state. new text end

new text begin (k) The commissioner may suspend or revoke a licensee's license according to section 144.99. new text end

new text begin Subd. 5. new text end

new text begin Construction notification. new text end

new text begin (a) A gas well contractor must not begin drilling or constructing a gas well unless it is included in a valid gas resource development permit issued by the commissioner of natural resources. new text end

new text begin (b) After receiving permit approval from the commissioner of natural resources and prior to drilling or constructing a gas well, the gas well contractor must submit a notification to construct a gas well: new text end

new text begin (1) to the commissioner, along with the fee under subdivision 2, paragraph (f); and new text end

new text begin (2) to any Tribal Nation for which the gas well will be located within five miles of the Tribal Nation's exterior boundary, or to the nearest Tribal Nation if the gas well will not be located within five miles of any Tribal Nation's exterior boundary. new text end

new text begin Subd. 6. new text end

new text begin Access to drill sites. new text end

new text begin (a) The commissioner of health shall have access to gas well sites to inspect gas wells, including the drilling, construction, and sealing of gas wells. new text end

new text begin (b) The commissioner of health has enforcement authority according to section 144.99. new text end

new text begin Subd. 7. new text end

new text begin Emergency notification. new text end

new text begin In the event of an occurrence during construction, repair, or sealing of a gas well that has a potential for significant adverse public health or environmental effects, the person drilling or constructing a gas or well must promptly: new text end

new text begin (1) take reasonable action to minimize the adverse effects; and new text end

new text begin (2) notify the commissioners of health, natural resources, and the Pollution Control Agency immediately by informing the Minnesota Duty Officer. new text end

new text begin Subd. 8. new text end

new text begin Sealing notification. new text end

new text begin (a) A gas well, including an unsuccessful gas well, that is not in use must be sealed by a gas well contractor. new text end

new text begin (b) A gas well contractor must file a notification and fee with the commissioner prior to sealing a gas well. new text end

new text begin Subd. 9. new text end

new text begin Report of work. new text end

new text begin Within 60 days after completion or sealing of a gas well, the gas well contractor must submit a verified report to the commissioner on a form prescribed by the commissioner or in a format approved by the commissioner. new text end

Sec. 14.

new text begin [103I.707] MORATORIUM ON GAS WELL CONVERSION AND CONSTRUCTION. new text end

new text begin A person shall not drill, convert under section 103I.601, subdivision 12, or construct a gas well for the primary purpose of extracting or producing gas until: new text end

new text begin (1) rules are adopted under section 103I.706; new text end

new text begin (2) the legislature enacts a statute specifically authorizing the issuance of gas resource development permits; and new text end

new text begin (3) the legislature enacts fees for gas resource development permits. new text end

Sec. 15.

new text begin [103I.708] WELLS; RESTRICTIONS. new text end

new text begin (a) Notwithstanding any provision of this chapter or chapter 93, or the rules adopted thereunder, to the contrary, a person shall not explore, prospect, or construct an oil well. new text end

new text begin (b) Notwithstanding any provision of this chapter or chapter 93, or the rules adopted thereunder, to the contrary, a person shall not construct a gas well for the primary purpose of extracting or producing a gas other than helium. Gas wells constructed for the primary purpose of extracting or producing helium may only be constructed in Cook County, Lake County, and St. Louis County. Nothing in this paragraph shall be construed to prevent: new text end

new text begin (1) the drilling or construction of an exploratory boring; or new text end

new text begin (2) the sale of carbon dioxide extracted in the ordinary course of extracting or producing helium. new text end

Sec. 16.

new text begin [103I.709] GAS WELLS; PROHIBITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Injection prohibited. new text end

new text begin A gas well must not be used to inject or dispose surface water, groundwater, or any other liquid, gas, or chemical. This does not prohibit injection: new text end

new text begin (1) of approved drilling fluids; or new text end

new text begin (2) if a class 2 injection well permit is obtained for a gas well, as authorized by the Environmental Protection Agency. new text end

new text begin Subd. 2. new text end

new text begin Hydraulic fracturing treatment prohibited. new text end

new text begin Hydraulic fracturing treatment is prohibited in a gas well. new text end

Sec. 17.

new text begin TRIBAL CONSULTATION; REPORT. new text end

new text begin An entity adopting rules under Minnesota Statutes, section 93.514 or 103I.706, must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and the environment and natural resources, the Native American caucuses of the legislature, and the Minnesota Indian Affairs Council that details the process and results of meeting the requirements of Minnesota Statutes, section 10.65, for purposes of the rulemaking. The report must be submitted within 90 days of adoption of the rules. new text end

Sec. 18.

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective the day following final enactment. new text end

ARTICLE 3

HOSPITAL STABILIZATION

Section 1.

Minnesota Statutes 2024, section 16A.152, is amended by adding a subdivision to read:

new text begin Subd. 1c. new text end

new text begin Hospital stabilization reserve. new text end

new text begin A hospital stabilization reserve account is created in the general fund in the state treasury. Amounts in the hospital stabilization reserve are appropriated to the commissioner of management and budget for the uses authorized in subdivision 1d. Any balance remaining in the account on June 30, 2031, is canceled to the general fund. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 2.

Minnesota Statutes 2024, section 16A.152, is amended by adding a subdivision to read:

new text begin Subd. 1d. new text end

new text begin Hospital stabilization reserve uses. new text end

new text begin The commissioner of management and budget, in consultation with the commissioner of health and after review by the Legislative Advisory Commission as required in subdivision 1e, may make payments to an eligible hospital as defined in section 144.7051. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 3.

Minnesota Statutes 2024, section 16A.152, is amended by adding a subdivision to read:

new text begin Subd. 1e. new text end

new text begin Hospital stabilization reserve Legislative Advisory Commission review. new text end

new text begin (a) The Legislative Advisory Commission established under section 3.30 must review proposed allocations from the hospital stabilization reserve account. new text end

new text begin (b) The commissioner of management and budget must submit proposed expenditures from the hospital stabilization reserve account to the Legislative Advisory Commission for its review and recommendation. Upon receiving a submission, the commission has seven days after the request is submitted to review the proposed expenditures submitted under this subdivision. new text end

new text begin (c) Commission members may make a positive recommendation, a negative recommendation, or no recommendation on a proposed expenditure. If a majority of the commission members from the senate and a majority of the commission members from the house of representatives make a negative recommendation on a proposed expenditure, the commissioner is prohibited from expending the money. If a majority of the commission members from the senate and a majority of the commission members from the house of representatives do not make a negative recommendation, or if the commission makes no recommendation, the commissioner may expend the money. new text end

new text begin (d) The commission may hold a public meeting to approve or disapprove a proposed expenditure from the hospital stabilization reserve account. Notwithstanding section 3.055, the commission may conduct a public meeting remotely. The commission may approve or disapprove proposed expenditures without a public meeting. The commission members may approve or disapprove proposed expenditures via written communication sent to the commissioner of management and budget. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 4.

Minnesota Statutes 2024, section 16A.152, subdivision 2, is amended to read:

Subd. 2.

Additional revenues; priority.

(a) If on the basis of a forecast of general fund revenues and expenditures, the commissioner of management and budget determines that there will be a positive unrestricted budgetary general fund balance at the close of the biennium, the commissioner of management and budget must allocate money to the following accounts and purposes in priority order:

(1) the cash flow account established in subdivision 1 until that account reaches $350,000,000;

(2) the budget reserve account established in subdivision 1a until that account reaches deleted text begin $2,852,098,000 deleted text end new text begin $3,421,764,000 new text end ;

(3) the amount necessary to increase the aid payment schedule for school district aids and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest tenth of a percent without exceeding the amount available and with any remaining funds deposited in the budget reserve; and

(4) the amount necessary to restore all or a portion of the net aid reductions under section 127A.441 and to reduce the property tax revenue recognition shift under section 123B.75, subdivision 5, by the same amount.

(b) The amounts necessary to meet the requirements of this section are appropriated from the general fund within two weeks after the forecast is released or, in the case of transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations schedules otherwise established in statute.

(c) The commissioner of management and budget shall certify the total dollar amount of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education. The commissioner of education shall increase the aid payment percentage and reduce the property tax shift percentage by these amounts and apply those reductions to the current fiscal year and thereafter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 5.

Minnesota Statutes 2024, section 16A.152, subdivision 4, is amended to read:

Subd. 4.

Reduction.

(a) If the commissioner determines that probable receipts for the general fund will be less than anticipated, and that the amount available for the remainder of the biennium will be less than needed, the commissioner shall, with the approval of the governor, and after consulting the Legislative Advisory Commission, reduce the amount in the budget reserve account new text begin and the hospital stabilization reserve new text end as needed to balance expenditures with revenue.

(b) An additional deficit shall, with the approval of the governor, and after consulting the Legislative Advisory Commission, be made up by reducing unexpended allotments of any prior appropriation or transfer. Notwithstanding any other law to the contrary, the commissioner is empowered to defer or suspend prior statutorily created obligations which would prevent effecting such reductions.

(c) If the commissioner determines that probable receipts for any other fund, appropriation, or item will be less than anticipated, and that the amount available for the remainder of the term of the appropriation or for any allotment period will be less than needed, the commissioner shall notify the agency concerned and then reduce the amount allotted or to be allotted so as to prevent a deficit.

(d) In reducing allotments, the commissioner may consider other sources of revenue available to recipients of state appropriations and may apply allotment reductions based on all sources of revenue available.

(e) In like manner, the commissioner shall reduce allotments to an agency by the amount of any saving that can be made over previous spending plans through a reduction in prices or other cause.

(f) The commissioner is prohibited from reducing an allotment or appropriation made to the legislature.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 6.

new text begin [144.7051] HOSPITAL STABILIZATION RESERVE. new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin A hospital is eligible to receive payment under section 16A.152, subdivision 1d, if 40 percent of the hospital's total acute care admissions in each of calendar years 2022, 2023, and 2024 were medical assistance or MinnesotaCare enrollees, the hospital provided 15 percent or more of Minnesota's total uncompensated care in calendar year 2024 as determined by the commissioner of health, and costs incurred for uncompensated care were at least three percent of the hospital's operating revenue in calendar year 2024. new text end

new text begin Subd. 2. new text end

new text begin Quarterly financial statements. new text end

new text begin An eligible hospital under subdivision 1 must submit a quarterly report to the commissioner of health beginning on October 1, 2026. Each report must provide the following information: new text end

new text begin (1) the hospital's monthly cash position for the current quarter; new text end

new text begin (2) the hospital's net operating margin for the previous quarter; new text end

new text begin (3) updates to the hospital's net operating margin for the last four quarters that reflect adjustments and any completed audits since the prior quarterly report; and new text end

new text begin (4) information necessary to support clauses (1) to (3). new text end

new text begin Subd. 3. new text end

new text begin Eligibility certification. new text end

new text begin (a) If the chief executive officer of an eligible hospital under subdivision 1 provides written notice to the commissioner of health that the hospital had less than 60 days of operating cash at any time during the preceding 12 months, and that the hospital had an operating margin loss of at least 1.5 percent at any time during the preceding 12 months, the commissioner must review and certify whether the hospital is eligible to receive a payment from the hospital stabilization reserve to maintain stable operations and avoid substantial negative operating effects for the next 12 months. If the information provided to the commissioner is insufficient to make a certification of eligibility determination, the commissioner may request additional information to support the certification request. In making a certification determination, the commissioner must not include payments received from the hospital stabilization reserve established in section 16A.152, subdivision 1c, or any fiscal year 2026 and 2027 appropriations. new text end

new text begin (b) The commissioner must make a certification decision within 30 days of receiving the written notice and associated documentation from the chief executive officer. The commissioner must provide a written response to the chief executive officer within 45 days of receiving the written notice and associated documentation. If the commissioner certifies that the hospital should receive a payment from the hospital stabilization reserve, the commissioner must notify the commissioner of management and budget within 15 days of making that certification. new text end

new text begin Subd. 4. new text end

new text begin Payment. new text end

new text begin (a) If the commissioner of management and budget receives notification from the commissioner of health under subdivision 3 that a hospital is certified to receive a payment from the hospital stabilization reserve, the commissioner of management and budget must submit the proposed payment to the Legislative Advisory Commission under section 16A.152, subdivision 1e, for the commission's review. new text end

new text begin (b) A certified hospital must submit sufficient information determined by the commissioner of management and budget to support the submission of the certified payment to the Legislative Advisory Commission. new text end

new text begin (c) If a negative review from the Legislative Advisory Commission is not received, the commissioner of management and budget must pay the eligible hospital from the hospital stabilization reserve under section 16A.152, subdivision 1d. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 15, 2027. new text end

Sec. 7.

Minnesota Statutes 2024, section 383B.903, subdivision 1, is amended to read:

Subdivision 1.

Governance.

The corporation shall be governed by a board of directors deleted text begin consisting deleted text end new text begin that consists new text end of between 11 and 15 directors new text begin and that includes members with the professional training and expertise needed to govern a health system and safety net hospital new text end . Two of the directors on the board of the corporation must be county commissioners currently serving as elected officials on the county board who are chosen and may be removed by a majority vote of the county board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 8.

Minnesota Statutes 2024, section 383B.903, subdivision 4, is amended to read:

Subd. 4.

Qualifications.

Members of the board deleted text begin shall deleted text end new text begin must new text end possess a high degree of experience and knowledge in deleted text begin relevant deleted text end fields new text begin needed to govern a health system and safety net hospital new text end and new text begin must new text end possess a high degree of interest in the corporation and support for its mission. deleted text begin Members shall be appointed based in part on the objective of ensuring that the corporation includes diverse and beneficial perspectives and experience including, but not limited to, those of medical or other health professionals, deleted text end new text begin At least 75 percent of the board's noncounty commissioner members must have expertise in hospital administration, finance, business management, law, or health equity, or have other experience relevant to the administration of a health system and safety net hospital, with a preference for members with experience working in an urban setting with diverse cultural communities. Up to 25 percent of the board's noncounty commissioner members may represent new text end urban, cultural new text begin , new text end and ethnic perspectives of the population served by the corporation deleted text begin , business management, law, finance, health sector employees, public health, serving the uninsured, health professional training, deleted text end and the patient or consumer perspective. The corporation shall provide a public announcement of vacancies on the board of the corporation in the manner normally used by Hennepin County to provide public notice of open appointments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 9.

Minnesota Statutes 2024, section 383B.904, subdivision 1, is amended to read:

Subdivision 1.

Election.

(a) The officers of the board of the corporation shall consist of the chair, vice-chair, secretary, treasurer, and other officers as the board shall from time to time deem necessary. The board shall elect officers by a majority vote of the board at the annual meeting, or in the case of the initial board, at the first meeting following appointment by the county board. new text begin The county commissioner members of the corporate board are not eligible to serve as officers of the corporate board. new text end

(b) Any of the offices or functions, with the exception of the chair and vice-chair, may be held or exercised by the same person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 10.

Minnesota Statutes 2024, section 383B.908, subdivision 5, is amended to read:

Subd. 5.

Financial oversight.

The county board deleted text begin shall deleted text end new text begin must new text end approve the annual budget of the corporation new text begin as presented by the corporate board new text end and new text begin shall new text end receive an annual audited financial statement. The annual budget shall address how efficiencies and revenues contribute to stabilize or reduce county liabilities for indigent care. The county board shall also retain the right new text begin : new text end

new text begin (1) new text end to conduct an independent audit of the finances of the corporation deleted text begin . deleted text end new text begin ; and new text end

new text begin (2) in sustained conditions of financial distress, to modify the corporation's annual budget as needed to respond to the corporation's financial condition while preserving access to essential health services provided by HCMC. new text end

Sec. 11.

Minnesota Statutes 2024, section 383B.908, subdivision 7, is amended to read:

Subd. 7.

Dissolution or reorganization of corporation.

The county board shall retain the right to dissolve the corporation, reorganize the corporation, or remove the entire corporate board in order to resume management of new text begin and financial oversight over new text end Hennepin County Medical Center upon a two-thirds vote of the entire county board deleted text begin . deleted text end new text begin if: new text end

new text begin (1) the corporation experiences sustained conditions of financial distress, such as but not limited to the corporation meeting at least two of the following conditions: new text end

new text begin (i) a negative operating margin of more than $30,000,000 for two consecutive years; new text end

new text begin (ii) a decline in net assets of more than ten percent in the most recent year; or new text end

new text begin (iii) a negative cash flow margin of more than ten percent in the most recent year; new text end

new text begin (2) prior to taking any steps to dissolve the corporation, reorganize the corporation, or remove the entire corporate board, the county board and the corporate board engage in mediation in good faith. The attorney general may select an individual to serve as a mediator. In the mediation, the parties must attempt to address the corporation's conditions of financial distress through means other than dissolving the corporation, reorganizing the corporation, or removing the entire corporate board; and new text end

new text begin (3) the county board and corporate board are not able to agree on another means to address the corporation's financial distress. new text end

Sec. 12.

Laws 2023, chapter 68, article 1, section 2, subdivision 2, as amended by Laws 2025, First Special Session chapter 8, article 1, section 13, is amended to read:

Subd. 2. Multimodal Systems

(a) Aeronautics

(1) Airport Development and Assistance

69,598,000

18,598,000

Appropriations by Fund
	2024	2025
General	36,000,000	-0-
Airports	33,598,000	18,598,000

The appropriation from the state airports fund must be spent according to Minnesota Statutes, section 360.305, subdivision 4.

$36,000,000 in fiscal year 2024 is from the general fund for matches to federal aid and state investments related to airport infrastructure projects. This is a onetime appropriation and is available until June 30, 2027.

$15,000,000 in fiscal year 2024 is from the state airports fund for system maintenance of critical airport safety systems, equipment, and essential airfield technology.

Notwithstanding Minnesota Statutes, section 16A.28, subdivision 6, the appropriation from the state airports fund is available for five years after the year of the appropriation. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

If the commissioner of transportation determines that a balance remains in the state airports fund following the appropriations made in this article and that the appropriations made are insufficient for advancing airport development and assistance projects, an amount necessary to advance the projects, not to exceed the balance in the state airports fund, is appropriated in each year to the commissioner and must be spent according to Minnesota Statutes, section 360.305, subdivision 4. Within two weeks of a determination under this contingent appropriation, the commissioner of transportation must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance concerning the funds appropriated. Funds appropriated under this contingent appropriation do not adjust the base for fiscal years 2026 and 2027.

(2) Aviation Support Services

15,397,000

8,431,000

Appropriations by Fund
	2024	2025
General	8,707,000	1,741,000
Airports	6,690,000	6,690,000

$7,000,000 in fiscal year 2024 is from the general fund to purchase two utility aircraft for the Department of Transportation.

(3) Civil Air Patrol

80,000

80,000

This appropriation is from the state airports fund for the Civil Air Patrol.

(b) Transit and Active Transportation

58,478,000

18,374,000

This appropriation is from the general fund.

$200,000 in fiscal year 2024 and $50,000 in fiscal year 2025 are for a grant to the city of Rochester to implement demand response transit service using electric transit vehicles. The money is available for mobile software application development; vehicles and equipment, including accessible vehicles; associated charging infrastructure; and capital and operating costs.

$40,000,000 in fiscal year 2024 is for matches to federal aid and state investments related to transit and active transportation projects. This is a onetime appropriation and is available until June 30, 2027.

(c) Safe Routes to School

15,297,000

10,500,000

This appropriation is from the general fund for the safe routes to school program under Minnesota Statutes, section 174.40.

If the appropriation for either year is insufficient, the appropriation for the other year is available for it. The appropriations in each year are available until June 30, 2027.

The base for this appropriation is $1,500,000 in each of fiscal years 2026 and 2027.

(d) Passenger Rail

197,521,000

4,226,000

This appropriation is from the general fund for passenger rail activities under Minnesota Statutes, sections 174.632 to 174.636.

$194,700,000 in fiscal year 2024 is for capital improvements and betterments for the Minneapolis-Duluth Northern Lights Express intercity passenger rail project, including preliminary engineering, design, engineering, environmental analysis and mitigation, acquisition of land and right-of-way, equipment and rolling stock, and construction. From this appropriation, the amount necessary is for: (1) Coon Rapids station improvements to establish a joint station that provides for Amtrak train service on the Empire Builder line between Chicago and Seattle; and (2) acquisition of equipment and rolling stock for purposes of participation in the Midwest fleet pool to provide for service on Northern Lights Express and expanded Amtrak train service between Minneapolis and St. Paul and Chicago. The commissioner of transportation must not approve additional stops or stations beyond those included in the Federal Railroad Administration's January 2018 Finding of No Significant Impact and Section 4(f) Determination if the commissioner determines that the resulting speed reduction would negatively impact total ridership. This appropriation is onetime and is available until June 30, 2028. new text begin Any remaining balance must cancel to the hospital stabilization reserve account under Minnesota Statutes, section 16A.152, subdivision 1c. new text end

$1,833,000 in fiscal year 2024 and $3,238,000 in fiscal year 2025 are for a match to federal aid for capital and operating costs for expanded Amtrak train service between Minneapolis and St. Paul and Chicago. These amounts are available until June 30, 2028.

The base from the general fund is $5,742,000 in each of fiscal years 2026 and 2027.

(e) Freight

14,650,000

9,066,000

Appropriations by Fund
	2024	2025
General	8,283,000	2,400,000
Trunk Highway	6,367,000	6,666,000

$5,000,000 in fiscal year 2024 is from the general fund for matching federal aid grants for improvements, engineering, and administrative costs for the Stone Arch Bridge in Minneapolis. This is a onetime appropriation and is available until June 30, 2027.

$1,000,000 in each year is from the general fund for staff, operating costs, and maintenance related to weight and safety enforcement systems.

$974,000 in fiscal year 2024 is from the general fund for procurement costs of a statewide freight network optimization tool under Laws 2021, First Special Session chapter 5, article 4, section 133. This is a onetime appropriation and is available until June 30, 2025.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 13.

Laws 2023, chapter 68, article 1, section 3, subdivision 2, as amended by Laws 2024, chapter 127, article 1, section 11, is amended to read:

Subd. 2. Transit System Operations

75,654,000

32,654,000

This appropriation is for transit system operations under Minnesota Statutes, sections 473.371 to 473.449.

$40,000,000 in fiscal year 2024 is for a grant to Hennepin County for the Blue Line light rail transit extension project, including but not limited to predesign, design, engineering, environmental analysis and mitigation, right-of-way acquisition, construction, and acquisition of rolling stock. Of this amount, $30,000,000 is available only upon entering a full funding grant agreement with the Federal Transit Administration by June 30, 2027. This is a onetime appropriation and is available until June 30, 2030. new text begin If a full funding grant agreement with the Federal Transit Administration is not reached by June 30, 2027, this appropriation cancels to the hospital stabilization reserve under Minnesota Statutes, section 16A.152, subdivision 1c. new text end

$3,000,000 in fiscal year 2024 is for highway bus rapid transit project development in the marked U.S. Highway 169 and marked Trunk Highway 55 corridors, including but not limited to feasibility study, predesign, design, engineering, environmental analysis and remediation, and right-of-way acquisition.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 14.

new text begin HOSPITAL STABILIZATION RESERVE; TRANSFER. new text end

new text begin (a) By July 15, 2027, the commissioner of management and budget must transfer $354,000,000 from the general fund budget reserve account to the hospital stabilization reserve account. This is a onetime transfer. new text end

new text begin (b) By July 15, 2028, the commissioner of management and budget must transfer up to $146,000,000 from the general fund budget reserve account to the hospital stabilization reserve account. This is a onetime transfer. new text end

new text begin (c) The total transfers and cancellations credited to the hospital stabilization reserve account must not exceed $500,000,000. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2027. new text end

Sec. 15.

new text begin HOSPITAL STABILIZATION PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health must establish a hospital stabilization program to provide financial relief to critical access hospitals, rural emergency hospitals, and hospitals that provide a disproportionate level of uncompensated care. new text end

new text begin Subd. 2. 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) "Commissioner" means the commissioner of health. new text end

new text begin (c) "Qualifying hospital" means a hospital: new text end

new text begin (1) licensed under section 144.50; new text end

new text begin (2) located within the state; new text end

new text begin (3) that has filed a Medicare cost report in the Healthcare Cost Report Information System; and new text end

new text begin (4) that is a Medicaid disproportionate share hospital, excluding a hospital that qualifies as a Medicaid disproportionate share hospital solely based upon providing transplant services. new text end

new text begin (d) "Qualifying uncompensated episode of care" means the provision by a qualifying hospital of one or more services that are covered under medical assistance to an individual during a single patient encounter or episode of care when the: new text end

new text begin (1) individual is not enrolled in medical assistance, MinnesotaCare, or Medicare and does not have other health coverage; new text end

new text begin (2) individual is determined to be ineligible for medical assistance and MinnesotaCare for the date of service following any retroactive eligibility determination; and new text end

new text begin (3) total cumulative reimbursement amount for the services provided, if paid under medical assistance payment methodologies using a cost to charge methodology as defined in the Minnesota Health Care Cost Information System, would be at least $2,000 but not more than $50,000. new text end

new text begin Subd. 3. new text end

new text begin Payments to critical access hospitals and rural emergency hospitals. new text end

new text begin The commissioner must make a onetime payment of $50,000 to each of the critical access hospitals and rural emergency hospitals in the state. Payments shall be made in a form and manner determined by the commissioner. new text end

new text begin Subd. 4. new text end

new text begin Application for payments; qualifying hospitals. new text end

new text begin (a) A qualifying hospital seeking payment under this section must submit to the commissioner documentation identifying qualifying uncompensated episodes of care within a reporting period. new text end

new text begin (b) The reporting periods are: new text end

new text begin (1) January 1 through June 30; and new text end

new text begin (2) July 1 through December 31. new text end

new text begin (c) The initial reporting period begins January 1, 2026. new text end

new text begin (d) For services provided during the January 1 through June 30 reporting period, a qualifying hospital must submit the required documentation to the commissioner by September 15 of the same calendar year. new text end

new text begin (e) For services provided during the July 1 through December 31 reporting period, a qualifying hospital must submit the required documentation to the commissioner by March 15 of the next calendar year. new text end

new text begin (f) Qualifying hospitals must submit documentation in a form and manner specified by the commissioner and must provide supporting documentation as requested by the commissioner. new text end

new text begin Subd. 5. new text end

new text begin Calculation of payments; qualifying hospitals. new text end

new text begin (a) For each reporting period, the commissioner must determine each qualifying hospital's share of the total value of qualifying uncompensated episodes of care submitted under subdivision 4. new text end

new text begin (b) The commissioner must distribute payments proportionally based on each qualifying hospital's share of the statewide total among qualifying hospitals. new text end

new text begin (c) A qualifying hospital must not receive more than ten percent of the money available for a reporting period. new text end

new text begin (d) If money remains after the payment limitation in paragraph (c), the commissioner must redistribute the remaining money among qualifying hospitals that have not reached the limit in paragraph (c) in proportion to their share of the value of qualifying uncompensated episodes of care. new text end

new text begin (e) The commissioner may establish procedures to reconcile adjustments, corrected claims, or late submissions in a subsequent reporting period. new text end

new text begin Subd. 6. new text end

new text begin Distribution of payments; qualifying hospitals. new text end

new text begin (a) The amount available for payments to qualifying hospitals is the amount appropriated for this section that remains after payments are made under subdivision 3. One-half of the amount available for payments to qualifying hospitals must be allocated to each reporting period. new text end

new text begin (b) For the January 1 through June 30 reporting period, the commissioner must distribute payments no later than November 15 of the same calendar year. new text end

new text begin (c) For the July 1 through December 31 reporting period, the commissioner must distribute payments no later than May 15 of the next calendar year. new text end

new text begin Subd. 7. new text end

new text begin Reporting requirements; qualifying hospitals. new text end

new text begin (a) A qualifying hospital receiving payment under this section must submit to the commissioner any information necessary to evaluate the appropriate use of funds. The information must include, at minimum, by June 30, 2027, a detailed analysis of how the funds were used to preserve regional and local access to essential health care services, including emergency care, inpatient hospital care, maternal care and obstetrical services, behavioral and mental health care, and primary care and clinic services. new text end

new text begin (b) A qualifying hospital receiving payment under this section must submit to the commissioner, by June 30, 2027, an organizational chart presenting the identities of and interrelationships among affiliated entities within the hospital system. No subsidiary of an entity specified on the chart need be shown if the equity or membership interest of the subsidiary held by the entity is less than ten percent of the subsidiary. As to each entity specified in the chart, the qualifying hospital must indicate the type of organization and the state of domicile. new text end

new text begin (c) Upon receipt of notice by a qualifying hospital receiving payment under this section submitted pursuant to section 144.555, the commissioner must provide notice of the hospital's planned actions and documentation of the amount of any payment distributed to the hospital under this section to: new text end

new text begin (1) the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services finance and policy; and new text end

new text begin (2) the majority and minority leaders of the senate and house of representatives. new text end

new text begin (d) The commissioner must determine the reporting requirement for payments under this section in addition to the reporting requirements under section 16B.98, subdivision 12. new text end

new text begin Subd. 8. new text end

new text begin Prohibited uses. new text end

new text begin Funds received under this section must not be used to: new text end

new text begin (1) supplant any other funding sources; or new text end

new text begin (2) increase the salary, benefits, or other discretionary payment to an officer, director, manager, or any other executive. new text end

new text begin Subd. 9. new text end

new text begin Hospital stabilization program ineligibility. new text end

new text begin Hennepin Healthcare System, Inc., is ineligible for payment under this section. new text end

Sec. 16.

new text begin CORPORATE BOARD OF HENNEPIN HEALTHCARE SYSTEM, INC.; RECONSTITUTED AND OPERATIONAL. new text end

new text begin (a) For purposes of this section, "Hennepin Healthcare System, Inc.," means the public corporation created under Minnesota Statutes, section 383B.901. new text end

new text begin (b) By January 15, 2027, the Hennepin County Board of Commissioners must: new text end

new text begin (1) reconstitute the corporate board of Hennepin Healthcare System, Inc., with members who meet the requirements in Minnesota Statutes, section 383B.903, subdivision 4; and new text end

new text begin (2) complete the transition of governance of Hennepin Healthcare System, Inc., to the reconstituted corporate board. new text end

Sec. 17.

new text begin HENNEPIN HEALTHCARE SYSTEM, INC.; STABILIZATION PAYMENTS. new text end

new text begin Subdivision 1. 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) "Commissioner" means the commissioner of health. new text end

new text begin (c) "HCMC" has the meaning given in Minnesota Statutes, section 383B.902. new text end

new text begin (d) "Hennepin Healthcare System, Inc.," means the public corporation created under Minnesota Statutes, section 383B.901. new text end

new text begin Subd. 2. new text end

new text begin Annual stabilization payments. new text end

new text begin The commissioner of health must award stabilization payments to Hennepin Healthcare System, Inc., in fiscal years 2026 and 2027 to stabilize HCMC operations, avoid the closure of HCMC, ensure that HCMC continues to provide high-quality care to patients, and preserve access to essential services at HCMC that support the health care needs of the communities served by HCMC and of the state of Minnesota. new text end

new text begin Subd. 3. new text end

new text begin Accountability requirements. new text end

new text begin (a) To ensure that Hennepin Healthcare System, Inc., is meeting the requirements of this section, the commissioner must collect from HCMC the information necessary to complete the commissioner's reporting requirements under subdivision 4 and must collect from HCMC the following information in fiscal year 2027: new text end

new text begin (1) a comprehensive financial analysis that describes the financial stability of HCMC. The report must consider the core financial metrics of HCMC, including expenses and staffing data; revenue, including payer mix; utilization data; and necessary data as determined by the commissioner; and new text end

new text begin (2) quarterly updates of financial information submitted under the hospital annual report according to Minnesota Statutes, sections 144.695 to 144.703, on a schedule to be determined by the commissioner, and long-term capital spending priorities, including mandatory maintenance and replacement of existing facilities and equipment. new text end

new text begin (b) Upon receipt of notice by Hennepin Healthcare System, Inc., provided according to Minnesota Statutes, section 144.555, the commissioner must provide notice of Hennepin Healthcare System, Inc.'s planned actions to: new text end

new text begin (1) the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services finance and policy; and new text end

new text begin (2) the majority and minority leaders of the senate and house of representatives. new text end

new text begin Subd. 4. new text end

new text begin Reporting requirement. new text end

new text begin (a) By January 15, 2028, the commissioner must report to the legislative committees with jurisdiction over health and human services finance and policy on the financial stabilization of Hennepin Healthcare System, Inc. new text end

new text begin (b) Hennepin Healthcare System, Inc., must provide the commissioner with all information and documents requested by the commissioner, including nonpublic data from HCMC, for purposes of this subdivision and subdivision 3. For purposes of this subdivision and subdivision 3, "nonpublic data" has the meaning given in Minnesota Statutes, section 13.02, subdivision 9. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 18.

new text begin ADVISORY TASK FORCE ON GOVERNANCE AND FINANCING OF HENNEPIN HEALTHCARE SYSTEM, INC. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An advisory task force on governance and financing of Hennepin Healthcare System, Inc., is established to develop recommendations to the legislature on the ownership, governance, and financing of Hennepin Healthcare System, Inc., including its integrated system of health care facilities and services that includes Hennepin County Medical Center. The advisory task force must evaluate options that recognize Hennepin County Medical Center as a regional and statewide public health and public safety asset that: new text end

new text begin (1) provides critical health care services to: new text end

new text begin (i) complex patients with high medical needs; new text end

new text begin (ii) a large proportion of the state's medical assistance, MinnesotaCare, and uninsured populations; and new text end

new text begin (iii) patients from health care providers and health systems across Minnesota and the surrounding region. These services include level I trauma care, hyperbaric medicine, treatment services for burns and complex wounds, comprehensive cancer care, and accredited poison control services; and new text end

new text begin (2) supports Minnesota's future health care workforce through education and training. new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The advisory task force shall consist of the following nine members appointed by the governor. Members shall be direct appointments as defined in Minnesota Statutes, section 15.0597, subdivision 1: new text end

new text begin (1) one individual from the Health Subcabinet under Minnesota Statutes, section 4.047; new text end

new text begin (2) the chief executive officer of Hennepin County Medical Center; new text end

new text begin (3) one individual representing Hennepin County; new text end

new text begin (4) one individual with expertise in academic medicine, clinical and public health research, hospital operations, or health system finance; new text end

new text begin (5) one individual with professional experience in public health; new text end

new text begin (6) one individual with professional experience in safety net hospital and clinical system operations; new text end

new text begin (7) two individuals with professional experience in health care finance and public health care programs; and new text end

new text begin (8) one individual with professional experience in public sector governance and public authorities. new text end

new text begin (b) Members must be appointed to the advisory task force by August 1, 2026, and serve until the advisory task force expires. new text end

new text begin Subd. 3. new text end

new text begin Governance; first meeting; chairperson. new text end

new text begin (a) Compensation and removal of members appointed under subdivision 2 are governed by Minnesota Statutes, section 15.059. new text end

new text begin (b) The individual from the Health Subcabinet who is appointed to the advisory task force must convene the first meeting of the advisory task force by September 1, 2026, and shall serve as the chairperson of the advisory task force. new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The advisory task force must: new text end

new text begin (1) evaluate the current governance structure, payer mix, and financing of Hennepin Healthcare System, Inc.; new text end

new text begin (2) evaluate whether public health care program reimbursement rates adequately reimburse Hennepin County Medical Center for the cost of care provided; new text end

new text begin (3) evaluate labor and workforce needs and challenges at Hennepin County Medical Center; new text end

new text begin (4) identify and evaluate Hennepin County Medical Center's capital, infrastructure, and technology needs; new text end

new text begin (5) evaluate governance and ownership models of health systems comparable to Hennepin Healthcare System, Inc.; new text end

new text begin (6) evaluate financing and funding mechanisms that would allow Hennepin Healthcare System, Inc., to achieve sustainable, long-term financial stability while ensuring the continued operation of critical specialized services by Hennepin County Medical Center that are essential to Minnesota's comprehensive statewide hospital network of rural, regional, and safety net hospitals; new text end

new text begin (7) engage with public health leaders throughout the state and professionals and individuals with the following qualifications or with expertise in the following areas: new text end

new text begin (i) rural hospitals and rural health systems; new text end

new text begin (ii) urban, nonprofit hospitals other than Hennepin County Medical Center; new text end

new text begin (iii) physicians licensed and practicing in Minnesota with experience in emergency medicine, trauma care, critical care, or hospital medicine; new text end

new text begin (iv) registered nurses; new text end

new text begin (v) organized labor representing hospital workers or health care workers; new text end

new text begin (vi) ambulance service providers or emergency medical services; new text end

new text begin (vii) local public health departments or community health boards; new text end

new text begin (viii) federally qualified health centers or other community clinics serving low-income patients; new text end

new text begin (ix) consumer or patient advocates with experience accessing services from a safety net hospital; and new text end

new text begin (x) state legislators, county commissioners, and state agency commissioners; and new text end

new text begin (8) develop specific recommendations for an ownership structure, governance and oversight, and sustainable, long-term funding for Hennepin Healthcare System, Inc. In developing these recommendations, the task force must consider how to maintain Hennepin County Medical Center as a public hospital and whether ownership of Hennepin Healthcare System, Inc., should be transferred to an entity other than solely Hennepin County. These recommendations must identify legislative changes needed to implement the recommendations, provide legislative language for the needed legislative changes, and specify a process to implement changes to ownership, governance and oversight, and funding. new text end

new text begin Subd. 5. new text end

new text begin Data. new text end

new text begin (a) The advisory task force may request data and technical assistance from state agencies, hospital systems, and other stakeholders as necessary to carry out its duties. new text end

new text begin (b) Data provided to the advisory task force under this subdivision retains its classification under Minnesota Statutes, chapter 13, and any other applicable state or federal law. new text end

new text begin Subd. 6. new text end

new text begin Administrative support and cooperation. new text end

new text begin The Health Subcabinet must provide meeting space and administrative services for the advisory task force. State agencies must provide technical assistance upon the request of the advisory task force. new text end

new text begin Subd. 7. new text end

new text begin Findings and recommendations. new text end

new text begin (a) By January 15, 2027, the advisory task force must submit preliminary findings and recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services finance and policy. The preliminary findings and recommendations must include information on the meetings and activities of the advisory task force to date, identification of priority focus areas and preliminary findings and recommendations on the subjects listed in subdivision 4, recommendations on steps to improve the stabilization of Hennepin Healthcare System, Inc., and plans for future meetings and work. new text end

new text begin (b) By January 15, 2028, the advisory task force must submit final findings and recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over health finance and policy and human services finance and policy. The final findings and recommendations must address the subjects listed in subdivision 4. new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The advisory task force expires June 30, 2028. new text end

ARTICLE 4

HEALTH LICENSING BOARDS

Section 1.

Minnesota Statutes 2024, section 148.01, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of sections 148.01 to 148.10:

new text begin (1) "abnormal articulation" means the condition of opposing bony joint surfaces and their related soft tissues that do not function normally, including subluxation, fixation, adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or disturbances within the nervous system, results in postural alteration, inhibits motion, allows excessive motion, alters direction of motion, or results in loss of axial loading efficiency, or a combination of these; new text end

new text begin (2) "acupuncture" means a modality of treating abnormal physical conditions by stimulating various points of the body or interruption of the cutaneous integrity by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as utilized as an adjunct to chiropractic adjustment; new text end

new text begin (3) "animal chiropractic diagnosis and treatment" means treatment that includes identification and resolution of vertebral subluxation complexes, spinal manipulation, and manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic diagnosis and treatment does not include: new text end

new text begin (i) performing surgery; new text end

new text begin (ii) dispensing or administering medications; or new text end

new text begin (iii) performing traditional veterinary care and diagnosis; new text end

deleted text begin (1) deleted text end new text begin (4) new text end "chiropractic" means the health care discipline that recognizes the innate recuperative power of the body to heal itself without the use of drugs or surgery by identifying and caring for vertebral subluxations and other abnormal articulations by emphasizing the relationship between structure and function as coordinated by the nervous system and how that relationship affects the preservation and restoration of health;

deleted text begin (2) deleted text end new text begin (5) new text end "chiropractic services" means the evaluation and facilitation of structural, biomechanical, and neurological function and integrity through the use of adjustment, manipulation, mobilization, or other procedures accomplished by manual or mechanical forces applied to bones or joints and their related soft tissues for correction of vertebral subluxation, other abnormal articulations, neurological disturbances, structural alterations, or biomechanical alterations, and includes deleted text begin , deleted text end but is not limited to deleted text begin , deleted text end manual therapy and mechanical therapy as defined in section 146.23;

deleted text begin (3) "abnormal articulation" means the condition of opposing bony joint surfaces and their related soft tissues that do not function normally, including subluxation, fixation, adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or disturbances within the nervous system, results in postural alteration, inhibits motion, allows excessive motion, alters direction of motion, or results in loss of axial loading efficiency, or a combination of these; deleted text end

deleted text begin (4) deleted text end new text begin (6) new text end "diagnosis" means the physical, clinical, and laboratory examination of the patient, and the use of diagnostic services for diagnostic purposes within the scope of the practice of chiropractic described in sections 148.01 to 148.10;

deleted text begin (5) deleted text end new text begin (7) new text end "diagnostic services" means clinical, physical, laboratory, and other diagnostic measures, including diagnostic imaging that may be necessary to determine the presence or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for evaluation of a health concern, diagnosis, differential diagnosis, treatment, further examination, or referral;

new text begin (8) "good standing" means that a license is not the subject of current disciplinary action under section 148.10 or an equivalent disciplinary law in another jurisdiction; new text end

new text begin (9) "reinstatement" means the process by which a board-terminated license or voluntarily retired license returns to active license status under section 148.071 or 148.076; new text end

deleted text begin (6) deleted text end new text begin (10) new text end "therapeutic services" means rehabilitative therapy as defined in Minnesota Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive sciences and procedures for which the licensee was subject to examination under section 148.06 deleted text begin . When provided, therapeutic services must be performed within a practice where the primary focus is the provision of chiropractic services, to prepare the patient for chiropractic services, or to complement the provision of chiropractic services. The administration of therapeutic services is the responsibility of the treating chiropractor and must be rendered under the direct supervision of qualified staff deleted text end ; new text begin and new text end

deleted text begin (7) "acupuncture" means a modality of treating abnormal physical conditions by stimulating various points of the body or interruption of the cutaneous integrity by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an independent therapy or separately from chiropractic services. Acupuncture is permitted under section 148.01 only after registration with the board which requires completion of a board-approved course of study and successful completion of a board-approved national examination on acupuncture. Renewal of registration shall require completion of board-approved continuing education requirements in acupuncture. The restrictions of section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture under this section; and deleted text end

deleted text begin (8) "animal chiropractic diagnosis and treatment" means treatment that includes identifying and resolving vertebral subluxation complexes, spinal manipulation, and manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic diagnosis and treatment does not include: deleted text end

deleted text begin (i) performing surgery; deleted text end

deleted text begin (ii) dispensing or administering of medications; or deleted text end

deleted text begin (iii) performing traditional veterinary care and diagnosis. deleted text end

new text begin (11) "voluntarily retired license" means a license held by a chiropractor who has changed the chiropractor's license status to a voluntarily retired license under section 148.075. new text end

Sec. 2.

Minnesota Statutes 2024, section 148.01, subdivision 4, is amended to read:

Subd. 4.

Practice of chiropractic.

An individual licensed to practice under section 148.06 is authorized to perform chiropractic services deleted text begin , acupuncture, deleted text end and therapeutic services, and to provide diagnosis and to render opinions pertaining to those services for the purpose of determining a course of action in the best interests of the patient, such as a treatment plan, appropriate referral, or both.

Sec. 3.

Minnesota Statutes 2024, section 148.01, is amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Practice of therapeutic services. new text end

new text begin Therapeutic services must be performed within a practice where the primary focus is the provision of chiropractic services, preparing the patient for chiropractic services, or complementing the provision of chiropractic services. The administration of therapeutic services is the responsibility of the treating chiropractor and must be rendered under the direct supervision of qualified staff. new text end

Sec. 4.

Minnesota Statutes 2024, section 148.01, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Practice of acupuncture. new text end

new text begin Acupuncture must not be used as an independent therapy or separately from chiropractic services. Acupuncture is permitted under this section only after registration with the board, which requires completing a board-approved course of study and a board-approved national examination on acupuncture. Renewal of registration requires completing board-approved continuing education requirements in acupuncture. The restrictions of section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture under this section. new text end

Sec. 5.

new text begin [148.071] REINSTATEMENT OF A LICENSE TERMINATED FOR FAILING TO RENEW OR TO COMPLETE CONTINUING EDUCATION. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies to a chiropractor whose Minnesota license was terminated by the board for failing to timely renew the license or complete annual continuing education requirements. new text end

new text begin Subd. 2. new text end

new text begin Application requirements. new text end

new text begin At the time of application for reinstatement, the applicant must: new text end

new text begin (1) submit an application for reinstatement and pay the application fee; new text end

new text begin (2) pay the current renewal fee; new text end

new text begin (3) complete a criminal background check as prescribed under section 214.075 and pay the required fee; new text end

new text begin (4) submit license verification from each jurisdiction where the applicant holds or has held a chiropractic license; new text end

new text begin (5) submit evidence of passing the board's jurisprudence exam; new text end

new text begin (6) submit evidence of correcting any outstanding requirements and paying any outstanding fees that existed at the time the license was terminated; and new text end

new text begin (7) complete any additional applicable requirements established in subdivisions 3, 4, 5, 6, and 9. new text end

new text begin Subd. 3. new text end

new text begin Reinstatement of terminated license for licensee in good standing in another jurisdiction. new text end

new text begin The board must reinstate the license of an applicant who is currently licensed and in good standing in another jurisdiction if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; new text end

new text begin (2) provides verification of the active chiropractic license in good standing in another jurisdiction; and new text end

new text begin (3) provides verification of completing 20 continuing education hours in the year immediately preceding the application for reinstatement. new text end

new text begin Subd. 4. new text end

new text begin Reinstatement of terminated license after five years or less. new text end

new text begin The board must reinstate the license of an applicant who does not meet the requirements of subdivision 3 and who applies for reinstatement five years or less after license termination in Minnesota or another jurisdiction if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; and new text end

new text begin (2) provides verification of: new text end

new text begin (i) completing 20 continuing education hours for each year since the applicant last held an active license in good standing in Minnesota or another jurisdiction and 20 continuing education hours in the year immediately preceding the application for reinstatement; or new text end

new text begin (ii) passing the Special Purposes Examination for Chiropractic, or an alternate examination the board determines is equivalent, within 12 months after application. new text end

new text begin Subd. 5. new text end

new text begin Reinstatement of terminated license after more than five years. new text end

new text begin The board must reinstate the license of an applicant who does not meet the requirements of subdivision 3 and who applies for reinstatement more than five years after license termination in Minnesota or another jurisdiction if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; new text end

new text begin (2) provides verification of completing 20 continuing education hours for each year since the applicant last held an active license in good standing in Minnesota or another jurisdiction and 20 continuing education hours in the year immediately preceding the application for reinstatement, not to exceed a maximum of 100 required continuing education hours; and new text end

new text begin (3) provides verification of passing the Special Purposes Examination for Chiropractic, or an alternate examination the board determines is equivalent, within 12 months after application. new text end

new text begin Subd. 6. new text end

new text begin Reinstatement within the same calendar year of continuing education termination. new text end

new text begin The board must reinstate the license of an applicant whose license was terminated for failing to submit the required number of continuing education hours if within the same calendar year of termination the applicant: new text end

new text begin (1) completes the required number of continuing education hours and outstanding penalty hours imposed by the board; and new text end

new text begin (2) pays all application fees and penalty fees. new text end

new text begin Subd. 7. new text end

new text begin Board authority. new text end

new text begin Applications for reinstatement and licenses reinstated under this section are subject to the same board authority under sections 148.10 and 214.103 as other applications and licenses issued by the board to deny, refuse to issue, revoke, suspend, condition, or limit a license or to take disciplinary or corrective action against a licensee or applicant for conduct that violates applicable law or professional standards. new text end

new text begin Subd. 8. new text end

new text begin Continuing education in year of reinstatement. new text end

new text begin A licensee must not use continuing education hours obtained for the purpose of applying for reinstatement of a terminated license under this section to meet the annual hour requirement for the year in which the license is reinstated. new text end

new text begin Subd. 9. new text end

new text begin Previously terminated licenses. new text end

new text begin If a chiropractor's license was terminated before July 1, 2026, and the chiropractor applies for reinstatement under this section, the chiropractor is not required to repay any renewal fees that accrued before the license reinstatement. new text end

Sec. 6.

new text begin [148.075] VOLUNTARILY RETIRED LICENSE. new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin A Minnesota licensed chiropractor in good standing and with no continuing education audit deficiencies may apply to the board to voluntarily retire a license by submitting an application on a form provided by the board and a signed affidavit stating that the applicant will no longer actively practice chiropractic in Minnesota. new text end

new text begin Subd. 2. new text end

new text begin Grounds for denial. new text end

new text begin The board may deny an application to voluntarily retire a license if the applicant's Minnesota license or license issued in another jurisdiction is not in good standing or is subject to a pending disciplinary action. new text end

Sec. 7.

new text begin [148.076] REINSTATEMENT OF A VOLUNTARILY RETIRED LICENSE. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies to a chiropractor who voluntarily retired a Minnesota chiropractic license under section 148.075. new text end

new text begin Subd. 2. new text end

new text begin Application requirements. new text end

new text begin At the time of application for reinstatement, the applicant must: new text end

new text begin (1) submit an application for reinstatement; new text end

new text begin (2) pay the current renewal fee; new text end

new text begin (3) complete a criminal background check as prescribed under section 214.075 and pay the required fee; new text end

new text begin (4) submit license verification from each jurisdiction where the applicant holds or has held a chiropractic license; new text end

new text begin (5) submit evidence of passing the board's jurisprudence exam; new text end

new text begin (6) submit evidence of correcting any outstanding requirements and paying any outstanding fees that existed at the time the license was voluntarily retired; and new text end

new text begin (7) complete any additional applicable requirements in subdivisions 3, 4, 5, and 7. new text end

new text begin Subd. 3. new text end

new text begin Reinstatement of voluntarily retired license for licensee in good standing in another jurisdiction. new text end

new text begin The board must reinstate the license of an applicant who is currently licensed and in good standing in another jurisdiction if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; new text end

new text begin (2) provides verification of the active chiropractic license in good standing in another jurisdiction; and new text end

new text begin (3) provides verification of completing 20 continuing education hours in the year immediately preceding the application for reinstatement. new text end

new text begin Subd. 4. new text end

new text begin Reinstatement of voluntarily retired license after five years or less. new text end

new text begin The board must reinstate the license of an applicant who does not meet the requirements of subdivision 3 and who applies for reinstatement five years or less after voluntary license retirement in Minnesota or the equivalent in another jurisdiction if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; and new text end

new text begin (2) provides verification of: new text end

new text begin (i) completing 20 continuing education hours for each year since the applicant last held an active license in good standing in Minnesota or another jurisdiction and 20 continuing education hours in the year immediately preceding the application for reinstatement; or new text end

new text begin (ii) passing the Special Purposes Examination for Chiropractic, or an alternate examination the board determines is equivalent, within 12 months after application. new text end

new text begin Subd. 5. new text end

new text begin Reinstatement of voluntarily retired license after more than five years. new text end

new text begin The board must reinstate the license of an applicant who does not meet the requirements of subdivision 3 and who applies for reinstatement more than five years after voluntary license retirement in Minnesota or the equivalent in another jurisdiction if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; new text end

new text begin (2) provides verification of completing 20 continuing education hours for each year since the applicant last held an active license in good standing in Minnesota or another jurisdiction and 20 continuing education hours in the year immediately preceding the application for reinstatement, not to exceed a maximum of 100 required continuing education hours; and new text end

new text begin (3) provides verification of passing the Special Purposes Examination for Chiropractic, or an alternate examination the board determines is equivalent, within 12 months after application. new text end

new text begin Subd. 6. new text end

new text begin Board authority. new text end

new text begin Applications for reinstatement and licenses reinstated under this section are subject to the same board authority under sections 148.10 and 214.103 as other applications and licenses issued by the board to deny, refuse to issue, revoke, suspend, condition, or limit a license or to take disciplinary or corrective action against a licensee or applicant for conduct that violates applicable law or professional standards. new text end

new text begin Subd. 7. new text end

new text begin Continuing education in year of reinstatement. new text end

new text begin A licensee must not use continuing education hours obtained for the purpose of applying for reinstatement of a voluntarily retired license under this section to meet the annual hour requirement for the year the license is reinstated. new text end

new text begin Subd. 8. new text end

new text begin Previously voluntarily retired licensees. new text end

new text begin (a) If a chiropractor who voluntarily retired before July 1, 2026, applies for reinstatement under this section, the chiropractor is not required to repay any renewal fees that accrued before the license reinstatement. new text end

new text begin (b) Before reinstatement under this subdivision, the voluntarily retired licensee must complete any outstanding continuing education hours due at the time the license was voluntarily retired. new text end

Sec. 8.

Minnesota Statutes 2024, section 148.09, is amended to read:

148.09 INDEPENDENT EXAMINATION.

new text begin Subdivision 1. new text end

new text begin Requirements for examiners. new text end

new text begin (a) new text end A doctor of chiropractic conducting a physical examination of a patient or a review of records by a doctor of chiropractic, for the purpose of generating a report or opinion to aid a reparation obligor under chapter 65B in making a determination regarding the condition or further treatment of the patient, shall meet the following requirements:

(1) the doctor of chiropractic must either be an instructor at an accredited school of chiropractic or have devoted not less than 50 percent of practice time to direct patient care during the two years immediately preceding the examination;

(2) the doctor of chiropractic must have completed any annual continuing education requirements for chiropractors prescribed by the Board of Chiropractic Examiners;

(3) the doctor of chiropractic must not accept a fee of more than $500 for each independent exam conducted; and

(4) the doctor of chiropractic must register with the Board of Chiropractic Examiners as an independent examiner and adhere to all rules governing the practice of chiropractic.

new text begin (b) The examiner must identify in the written report the source of all records reviewed and the dates or period of services covered by those records. The examiner's notes and a copy of the final written report must be retained for at least four years following the examination. new text end

new text begin (c) Before conducting an independent examination, the examiner must provide written disclosures to the examinee that clearly state the purpose of the examination and the examinee's right to have a third party present under subdivision 2. new text end

new text begin Subd. 2. new text end

new text begin Third-party presence during examinations. new text end

new text begin (a) An examiner performing an independent examination under this section must not prohibit the examinee from having a third party of the examinee's choice present during the consultation and examination. The examiner must not bar the presence of a third party based on the third party's training or credentials. Advance notice to the examiner or to any other person, organization, or agency is not required for the presence of a third party under this subdivision. new text end

new text begin (b) The third party must provide their name to the examiner. The examiner must document the presence and stated identity of any third party in the written report of the examination. new text end

new text begin (c) A third party may make a written or audio recording of the consultation or examination if the recording does not obstruct the conduct of the examination. A third party must not make a video recording of the consultation or examination. new text end

new text begin (d) An examiner must not consider the examinee's exercise of rights under this subdivision as failing to cooperate with the examination. If an examiner determines that the examination has been obstructed, the examiner must describe in detail the nature of the obstruction in the body of the written report. For purposes of this subdivision, "obstruct" means to hinder the examination to the degree that the examination cannot be completed, unless the obstruction is necessary for the safety or well-being of the patient. new text end

new text begin Subd. 3. new text end

new text begin Violation. new text end

new text begin A violation of this section constitutes unprofessional conduct under section 148.10, subdivision 1, paragraph (e). new text end

Sec. 9.

new text begin [148.095] ADMINISTRATIVE HOLD DURING COMPLAINT RESOLUTION PROCESS. new text end

new text begin Subdivision 1. new text end

new text begin Administrative hold. new text end

new text begin (a) If there is a pending complaint against a licensee and the licensee fails to pay required renewal fees, fails to renew the license, or fails to complete required continuing education hours within the time prescribed by law, the board must place the license on an administrative hold. new text end

new text begin (b) A license on an administrative hold: new text end

new text begin (1) is expired and does not authorize the licensee to engage in the practice of chiropractic; and new text end

new text begin (2) remains under the board's full jurisdiction for all purposes under sections 148.10 and 214.103, including investigation, adjudication, and imposition of discipline. new text end

new text begin Subd. 2. new text end

new text begin Prohibition on status change while on administrative hold. new text end

new text begin (a) If the board places a license on administrative hold, the board must not: new text end

new text begin (1) accept an application to voluntarily retire the license under section 148.075; new text end

new text begin (2) terminate the license for failing to renew or to complete continuing education requirements; or new text end

new text begin (3) otherwise change the license status of the licensee in a manner that allows the licensee to delay, avoid, or terminate the complaint resolution process. new text end

new text begin (b) The board must remove the administrative hold upon the resolution of all pending complaints against the licensee. new text end

new text begin Subd. 3. new text end

new text begin Licensee obligations not suspended. new text end

new text begin An administrative hold on a license does not relieve a licensee of the legal obligation to timely renew the license, pay renewal or other required fees, or complete continuing education hours according to law. new text end

Sec. 10.

Minnesota Statutes 2024, section 148.10, is amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Loss and restoration of good standing. new text end

new text begin The pendency of a complaint does not cause a license to lose good standing unless: (1) the complaint results in disciplinary action under this section or an equivalent disciplinary law in another jurisdiction; or (2) a stipulation and order or an equivalent order in another jurisdiction provides for the loss of good standing. A license is restored to good standing upon the satisfactory completion, expiration, or other agreed-upon termination of all terms of a stipulation and order or an equivalent order in another jurisdiction. An agreement for corrective action as described under section 214.103, subdivision 6, does not cause a license to lose good standing. new text end

Sec. 11.

Minnesota Statutes 2024, section 148.102, subdivision 3, is amended to read:

Subd. 3.

Insurers.

deleted text begin Two times each year deleted text end new text begin (a) Every January 1 and July 1, new text end each insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), and providing professional liability insurance to chiropractors shall submit to the board a report concerning the chiropractors against whom malpractice settlements or awards have been made to the plaintiff. The report must contain at least the following information:

(1) the total number of malpractice settlements or awards made to the plaintiff;

(2) the date the malpractice settlements or awards to the plaintiff were made;

(3) the allegations contained in the claim or complaint leading to the settlements or awards made to the plaintiff;

(4) the dollar amount of each malpractice settlement or award;

(5) the regular address of the practice of the doctor of chiropractic against whom an award was made or with whom a settlement was made; and

(6) the name of the doctor of chiropractic against whom an award was made or with whom a settlement was made.

new text begin (b) new text end The insurance company shall, in addition to the above information, report to the board any information it possesses which tends to substantiate a charge that a doctor of chiropractic may have engaged in conduct violating section 148.10 and this section.

Sec. 12.

Minnesota Statutes 2024, section 148.105, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Any person who practices, or attempts to practice, chiropractic or who uses any of the terms or letters "Doctors of Chiropractic," "Chiropractor," "DC," or any other title or letters under any circumstances as to lead the public to believe that the person who so uses the terms is engaged in the practice of chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than six months or punished by both fine and imprisonment, in the discretion of the court. It is the duty of the county attorney of the county in which the person practices to prosecute. Nothing in sections 148.01 to deleted text begin 148.105 deleted text end new text begin 148.108 new text end shall be considered as interfering with any person:

(1) licensed by a health-related licensing board, as defined in section 214.01, subdivision 2, including psychological practitioners with respect to the use of hypnosis;

(2) registered or licensed by the commissioner of health under section 214.13; or

(3) engaged in other methods of healing regulated by law in the state of Minnesota;

provided that the person confines activities within the scope of the license or other regulation and does not practice or attempt to practice chiropractic.

Sec. 13.

Minnesota Statutes 2025 Supplement, section 148.108, subdivision 5, is amended to read:

Subd. 5.

Chiropractic license fees.

Fees for chiropractic licensure are the following amounts but may be adjusted lower by board action:

(1) initial application for licensure deleted text begin fee deleted text end , $300;

(2) annual renewal of an active license deleted text begin fee deleted text end , $250;

deleted text begin (3) annual renewal of an inactive license fee, 75 percent of the current active license renewal fee under clause (2); deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end late renewal penalty deleted text begin fee deleted text end , $150 per month late; deleted text begin and deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end application for reinstatement of a deleted text begin voluntarily retired or inactive deleted text end new text begin terminated new text end license deleted text begin fee deleted text end , deleted text begin $187.50. deleted text end new text begin $100; and new text end

new text begin (5) penalty for failure to complete CE requirements at the time of license renewal: new text end

new text begin (i) at the first failure to complete CE requirements at the time of license renewal, the amount of the fee for annual renewal of an active license under clause (2); new text end

new text begin (ii) at the second failure to complete CE requirements at the time of license renewal, two times the amount of the fee for annual renewal of an active license under clause (2); and new text end

new text begin (iii) at the third failure to complete CE requirements at the time of license renewal and every subsequent failure, three times the amount of the fee for annual renewal of an active license under clause (2). new text end

Sec. 14.

Minnesota Statutes 2024, section 151.01, subdivision 35, is amended to read:

Subd. 35.

Compounding.

"Compounding" means preparing, mixing, assembling, packaging, and labeling a drug for an identified individual patient as a result of a practitioner's prescription drug order. Compounding also includes anticipatory compounding, as defined in this section, and the preparation of drugs in which all bulk drug substances and components are nonprescription substances. Compounding does not include mixing or reconstituting a drug according to the product's labeling or to the manufacturer's directions, provided that such labeling has been approved by the United States Food and Drug Administration (FDA) or the manufacturer is licensed under section 151.252. Compounding does not include the preparation of a drug for the purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug is not prepared for dispensing or administration to patients. All compounding, regardless of the type of product, must be done pursuant to a prescription drug order unless otherwise permitted in this chapter or by the rules of the board. Compounding does not include a minor deviation from such directions with regard to radioactivity, volume, or stability, which is made by or under the supervision of a licensed nuclear pharmacist or a physician, and which is necessary in order to accommodate circumstances not contemplated in the manufacturer's instructions, such as the rate of radioactive decay or geographical distance from the patient. new text begin Compounding does not include the use of a flavoring agent to flavor a drug. new text end

Sec. 15.

Minnesota Statutes 2024, section 151.01, is amended by adding a subdivision to read:

new text begin Subd. 44. new text end

new text begin Flavoring agent. new text end

new text begin "Flavoring agent" means a therapeutically inert, nonallergenic substance consisting of inactive ingredients that is added to a drug to improve the drug's taste and palatability. new text end

Sec. 16.

Minnesota Statutes 2024, section 151.555, subdivision 7, is amended to read:

Subd. 7.

Standards and procedures for inspecting and storing donated drugs and supplies.

(a) A pharmacist or authorized practitioner who is employed by or under contract with the central repository or a local repository shall inspect all donated drugs and supplies before the drug or supply is dispensed to determine, to the extent reasonably possible in the professional judgment of the pharmacist or practitioner, that the drug or supply is not adulterated or misbranded, has not been tampered with, is safe and suitable for dispensing, has not been subject to a recall, and meets the requirements for donation. If a local repository receives drugs and supplies from the central repository, the local repository does not need to reinspect the drugs and supplies.

(b) The central repository and local repositories shall store donated drugs and supplies in a secure storage area under environmental conditions appropriate for the drug or supply being stored. Donated drugs and supplies may not be stored with nondonated inventory.

(c) The central repository and local repositories shall dispose of all drugs and medical supplies that are not suitable for donation in compliance with applicable federal and state statutes, regulations, and rules concerning hazardous waste.

(d) In the event that controlled substances or drugs that can only be dispensed to a patient registered with the drug's manufacturer are shipped or delivered to a central or local repository for donation, the shipment delivery must be documented by the repository and returned immediately to the donor or the donor's representative that provided the drugs.

(e) Each repository must develop drug and medical supply recall policies and procedures. If a repository receives a recall notification, the repository shall destroy all of the drug or medical supply in its inventory that is the subject of the recall and complete a record of destruction form in accordance with paragraph (f). If a drug or medical supply that is the subject of a Class I or Class II recall has been dispensed, the repository shall immediately notify the recipient of the recalled drug or medical supply. A drug that potentially is subject to a recall need not be destroyed if its packaging bears a lot number and that lot of the drug is not subject to the recall. If no lot number is on the drug's packaging, it must be destroyed.

(f) A record of destruction of new text begin accepted new text end donated drugs and supplies that are not dispensed under subdivision 8 deleted text begin , are subject to a recall under paragraph (e), or are not suitable for donation deleted text end new text begin or are subject to a recall under paragraph (e) new text end shall be maintained by the repository for at least two years. deleted text begin For each drug or supply destroyed, deleted text end The record shall include the following information:

(1) the date of destruction;

(2) the name, strength, and quantity of the drug destroyed; and

(3) the name of the person or firm that destroyed the drug.

No other record of destruction is required.

Sec. 17.

Minnesota Statutes 2024, section 151.741, subdivision 4, is amended to read:

Subd. 4.

Insulin safety net program account.

new text begin (a) new text end The insulin safety net program account is established in the special revenue fund in the state treasury. Money in the account is appropriated each fiscal year to:

(1) the MNsure board in an amount sufficient to carry out assigned duties under section 151.74, subdivision 7; and

(2) the Board of Pharmacy in an amount sufficient to cover costs incurred by the board deleted text begin in assessing and collecting the registration fee under this section and deleted text end in administering the insulin safety net program under section 151.74.

new text begin (b) The commissioner of management and budget shall annually transfer from the health care access fund to the insulin safety net program account an amount sufficient to implement paragraph (a). new text end

Sec. 18.

Minnesota Statutes 2025 Supplement, section 151.741, subdivision 5, is amended to read:

Subd. 5.

Insulin repayment account; annual transfer from health care access fund.

(a) The insulin repayment account is established in the special revenue fund in the state treasury. Money in the account is appropriated each fiscal year to the commissioner of administration to reimburse manufacturers for insulin dispensed under the insulin safety net program in section 151.74, in accordance with section 151.74, subdivisions 3, paragraph (h), and 6, paragraph (h), and to cover costs incurred by the commissioner in providing these reimbursement payments.

(b) deleted text begin By June 30, 2025, and deleted text end Each June 30 deleted text begin thereafter deleted text end , the commissioner of administration shall certify to the commissioner of management and budget the total amount expended in the prior fiscal year for:

(1) reimbursement to manufacturers for insulin dispensed under the insulin safety net program in section 151.74, in accordance with section 151.74, subdivisions 3, paragraph (h), and 6, paragraph (h); and

(2) costs incurred by the commissioner of administration in providing the reimbursement payments described in clause (1).

(c) new text begin Each July 1, new text end the commissioner of management and budget shall transfer from the health care access fund to the insulin repayment account deleted text begin , beginning July 1, 2025, and each July 1 thereafter, deleted text end an amount equal to the amount to which the commissioner of administration certified pursuant to paragraph (b).

Sec. 19.

Minnesota Statutes 2024, section 214.41, is amended to read:

214.41 deleted text begin PHYSICIAN deleted text end new text begin HEALTH CARE PROVIDER new text end WELLNESS PROGRAM.

Subdivision 1.

deleted text begin Definition deleted text end new text begin Definitions new text end .

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

new text begin (b) "Health care provider" or "provider" means an individual who is licensed or registered by the state to perform health care services within the provider's scope of practice and in accordance with state law. new text end

new text begin (c) new text end " deleted text begin physician deleted text end new text begin Health care provider new text end wellness program" means a program new text begin for health care providers new text end of evaluation, counseling, or other modality to address an issue related to career fatigue or wellness related to work stress deleted text begin for physicians licensed under chapter 147 deleted text end that is administered by a statewide association that is exempt from taxation under United States Code, title 26, section 501(c)(6), and that primarily represents physicians and osteopaths of multiple specialties. deleted text begin Physician deleted text end new text begin Health care provider new text end wellness program does not include the provision of services intended to monitor for impairment under the authority of section 214.31.

Subd. 2.

Confidentiality.

Any record of a deleted text begin person's deleted text end new text begin health care provider's new text end participation in a deleted text begin physician deleted text end new text begin health care provider new text end wellness program is confidential and not subject to discovery, subpoena, or a reporting requirement to the applicable new text begin health-related licensing new text end board new text begin or to the commissioner of health new text end , unless the deleted text begin person deleted text end new text begin provider new text end voluntarily provides for written release of the information or the disclosure is required to meet the deleted text begin licensee's deleted text end new text begin provider's new text end obligation to report new text begin certain information to the applicable health-related licensing board or the commissioner of health new text end according to deleted text begin section 147.111 deleted text end new text begin law governing the practice of the provider's profession new text end .

Subd. 3.

Civil liability.

Any person, agency, institution, facility, or organization employed by, contracting with, or operating a deleted text begin physician deleted text end new text begin health care provider new text end wellness program is immune from civil liability for any action related to their duties in connection with a deleted text begin physician deleted text end new text begin health care provider new text end wellness program when acting in good faith.

Sec. 20.

Laws 2025, First Special Session chapter 3, article 23, section 2, subdivision 12, is amended to read:

Subd. 12. Board of Pharmacy

Appropriations by Fund
General	937,000	937,000
State Government Special Revenue	6,280,000	6,280,000

Medication Repository Program. $450,000 in fiscal year 2026 and $450,000 in fiscal year 2027 are from the general fund for the medication repository program deleted text begin to purchase prescription drugs deleted text end under Minnesota Statutes, section 151.555 deleted text begin , subdivision 6 deleted text end deleted text begin , paragraph (g) deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 21.

new text begin TRANSITION OF INACTIVE LICENSES. new text end

new text begin On July 1, 2026, the Board of Chiropractic Examiners must administratively change all chiropractic licenses put on inactive license status under Minnesota Rules, part 2500.2020, before that date to a voluntarily retired license under Minnesota Statutes, section 148.075. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 22.

new text begin INTERIM CHIROPRACTIC ACUPUNCTURE REGISTRATION REINSTATEMENT PROCEDURES. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies to a chiropractor whose Minnesota chiropractic acupuncture registration was canceled. new text end

new text begin Subd. 2. new text end

new text begin Application requirements. new text end

new text begin At the time of application for reinstatement of an acupuncture registration, the applicant must: new text end

new text begin (1) hold an active Minnesota chiropractic license; new text end

new text begin (2) submit an application for reinstatement; new text end

new text begin (3) pay the current renewal fee; new text end

new text begin (4) submit license verification from each jurisdiction where the applicant holds or has held a chiropractic license; and new text end

new text begin (5) complete any additional applicable requirements as established in subdivisions 3, 4, and 5. new text end

new text begin Subd. 3. new text end

new text begin Reinstatement of canceled registration for registrant in good standing in another jurisdiction. new text end

new text begin The Board of Chiropractic Examiners must reinstate the chiropractic acupuncture registration of an applicant in good standing in another jurisdiction if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; new text end

new text begin (2) provides verification of a chiropractic acupuncture credential in good standing from each jurisdiction where the applicant is authorized to perform chiropractic acupuncture; and new text end

new text begin (3) provides verification of completing two continuing education units in acupuncture or acupuncture-related subjects in the year immediately preceding the application for reinstatement. new text end

new text begin Subd. 4. new text end

new text begin Reinstatement of canceled registration after five years or less. new text end

new text begin The board must reinstate the chiropractic acupuncture registration of an applicant who does not meet the requirements of subdivision 3 and who applies for reinstatement five years or less after the Minnesota registration cancellation if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; and new text end

new text begin (2) provides verification of: new text end

new text begin (i) completing two continuing education hours in acupuncture or acupuncture-related subjects for each year since the applicant last held an active chiropractic acupuncture registration in Minnesota or credential in another jurisdiction; or new text end

new text begin (ii) passing the National Board of Chiropractic Examiners Acupuncture Examination or the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) Examination, or an alternate examination the board determines is equivalent, within 12 months after application. new text end

new text begin Subd. 5. new text end

new text begin Reinstatement of canceled registration license after more than five years. new text end

new text begin The board must reinstate the chiropractic acupuncture registration of an applicant who does not meet the requirements of subdivision 3 and who applies for reinstatement more than five years after the Minnesota registration cancellation if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; and new text end

new text begin (2) provides verification of passing either the National Board of Chiropractic Examiners Acupuncture Examination or the NCCAOM Examination, or an alternative examination the board determines is equivalent, within 12 months after application. new text end

new text begin Subd. 6. new text end

new text begin Continuing education in year of reinstatement. new text end

new text begin A licensee must not use continuing education units obtained for the purpose of applying for reinstatement of a canceled registration under this section to meet the annual requirement for the year the license is reinstated. new text end

new text begin Subd. 7. new text end

new text begin Board authority. new text end

new text begin Applications for reinstatement and registrations reinstated under this section are subject to the same board authority under Minnesota Statutes, sections 148.10 and 214.103, as other applications and registrations issued by the board to deny, refuse to issue, revoke, suspend, condition, or limit a license or to take disciplinary or corrective action against a registrant or applicant for conduct that violates applicable law or professional standards. new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin This section expires on the date that rules adopted by the board removing the inactive status for chiropractic acupuncture registration reinstatement and establishing new chiropractic acupuncture registration reinstatement procedures become effective. new text end

Sec. 23.

new text begin INTERIM ANIMAL CHIROPRACTIC REGISTRATION REINSTATEMENT PROCEDURES. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies to a chiropractor whose Minnesota animal chiropractic registration was canceled. new text end

new text begin Subd. 2. new text end

new text begin Application requirements. new text end

new text begin At the time of application for reinstatement of an animal chiropractic registration, the applicant must: new text end

new text begin (1) hold an active Minnesota chiropractic license; new text end

new text begin (2) submit an application for reinstatement; new text end

new text begin (3) pay the current renewal fee; new text end

new text begin (4) submit license verification from each jurisdiction where the applicant holds or has held a chiropractic license; and new text end

new text begin (5) complete any additional applicable requirements as established in subdivisions 3 and 4. new text end

new text begin Subd. 3. new text end

new text begin Reinstatement of canceled registration for registrant in good standing in another jurisdiction. new text end

new text begin The Board of Chiropractic Examiners must reinstate the animal chiropractic registration of an applicant who holds an animal chiropractic credential that is equivalent to a Minnesota registration and in good standing in another jurisdiction if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; new text end

new text begin (2) provides verification of an animal acupuncture credential in good standing from each jurisdiction where the applicant is authorized to perform animal acupuncture; and new text end

new text begin (3) provides verification of completing six continuing education units in animal chiropractic diagnosis and treatment in the year immediately preceding the application for reinstatement. new text end

new text begin Subd. 4. new text end

new text begin Reinstatement of canceled registration for registrant with no animal chiropractic credential in good standing in another jurisdiction. new text end

new text begin The board must reinstate the registration of an applicant who does not meet the requirements of subdivision 3 if the applicant: new text end

new text begin (1) completes all requirements in subdivision 2; and new text end

new text begin (2) provides verification of completing six continuing education units related to animal chiropractic diagnosis and treatment for each year the applicant cannot verify an active animal chiropractic credential that is equivalent to a Minnesota registration and in good standing. new text end

new text begin Subd. 5. new text end

new text begin Continuing education in year of reinstatement. new text end

new text begin A licensee must not use continuing education hours obtained for the purposes of applying for reinstatement of a canceled registration under this section to meet the annual hour requirement for the year the license is reinstated. new text end

new text begin Subd. 6. new text end

new text begin Board authority. new text end

new text begin Applications for reinstatement and registrations reinstated under this section are subject to the same board authority under Minnesota Statutes, sections 148.10 and 214.103, as other applications and registrations issued by the board to deny, refuse to issue, revoke, suspend, condition, or limit a license or to take disciplinary or corrective action against a registrant or applicant for conduct that violates applicable law or professional standards. new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin This section expires on the date that rules adopted by the board removing the inactive status for animal chiropractic registration reinstatement and establishing new animal chiropractic registration reinstatement procedures become effective. new text end

Sec. 24.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall renumber each provision of Minnesota Statutes listed in column A to the number listed in column B. The revisor shall also make necessary cross-reference changes consistent with the renumbering: new text end

new text begin Column A new text end	new text begin Column B new text end
new text begin 148.01, subdivision 1a new text end	new text begin 148.032, subdivision 1 new text end
new text begin 148.01, subdivision 1b new text end	new text begin 148.032, subdivision 2 new text end
new text begin 148.01, subdivision 1c new text end	new text begin 148.032, subdivision 3 new text end
new text begin 148.01, subdivision 1d new text end	new text begin 148.032, subdivision 4 new text end
new text begin 148.032, paragraphs (a) and (b) new text end	new text begin 148.032, subdivision 5, paragraphs (a) and (b) new text end
new text begin 148.032, paragraphs (c) and (d) new text end	new text begin 148.032, subdivision 6, paragraphs (a) and (b) new text end
new text begin 148.032, paragraph (e) new text end	new text begin 148.032, subdivision 7 new text end

Sec. 25.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, section 151.741, subdivisions 2, 3, and 6, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2500.0100, subparts 5b, 6, and 12; 2500.1900; 2500.2020; 2500.2040; 2500.2100; 2500.2110; 6800.0400; and 6800.1150, new text end new text begin are repealed. new text end

ARTICLE 5

HEALTH CARE

Section 1.

Minnesota Statutes 2024, section 62V.05, subdivision 7, is amended to read:

Subd. 7.

Agreements; consultation.

(a) The board shall:

(1) establish and maintain an agreement with the commissioner of human services for cost allocation and services regarding eligibility determinations and enrollment for public health care programs that use a modified adjusted gross income standard to determine program eligibility. The board may establish and maintain an agreement with the commissioner of human services for other services;

(2) establish and maintain an agreement with the commissioners of commerce and health for services regarding enforcement of MNsure certification requirements for health plans and dental plans offered through MNsure. The board may establish and maintain agreements with the commissioners of commerce and health for other services; and

(3) establish interagency agreements to transfer funds to other state agencies for their costs related to implementing and operating MNsure, excluding medical assistance allocatable costs.

(b) The board shall consult with the commissioners of commerce and health regarding the operations of MNsure.

(c) The board shall consult with Indian tribes and organizations regarding the operation of MNsure.

deleted text begin (d) Beginning March 15, 2016, and each March 15 thereafter, the board shall submit a report to the chairs and ranking minority members of the committees in the senate and house of representatives with primary jurisdiction over commerce, health, and human services on all the agreements entered into with the chief information officer of the Department of Information Technology Services, or the commissioners of human services, health, or commerce in accordance with this subdivision. The report shall include the agency in which the agreement is with; the time period of the agreement; the purpose of the agreement; and a summary of the terms of the agreement. A copy of the agreement must be submitted to the extent practicable. deleted text end

Sec. 2.

Minnesota Statutes 2024, section 62V.13, is amended to read:

62V.13 EASY ENROLLMENT HEALTH INSURANCE OUTREACH PROGRAM.

Subdivision 1.

Establishment.

The board, in cooperation with the commissioner of revenue, must establish the easy enrollment health insurance outreach program to:

(1) reduce the number of uninsured Minnesotans and increase access to affordable health insurance coverage;

(2) allow the commissioner of revenue to provide return information, at the request of the taxpayer, to MNsure to provide the taxpayer with information about the taxpayer's potential eligibility for financial assistance and health insurance enrollment options through MNsure;

(3) allow MNsure to deleted text begin estimate taxpayer potential eligibility for financial assistance for health insurance coverage deleted text end new text begin provide general information regarding potential eligibility for health insurance programs and financial assistance available through MNsure new text end ; and

(4) allow MNsure to conduct targeted outreach to assist interested taxpayer households in applying for and enrolling in affordable health insurance options through MNsure, including connecting interested taxpayer households with a navigator or broker for free enrollment assistance.

Subd. 2.

Screening for eligibility for insurance assistance.

Upon receipt of deleted text begin and based on deleted text end return information received from the commissioner of revenue under section 270B.14, subdivision 22, MNsure may deleted text begin make a projected assessment on whether the interested taxpayer's household may qualify for a financial assistance program for health insurance coverage deleted text end new text begin review the information to identify households that may benefit from health coverage through MNsure and provide general information on available coverage and financial assistance programs new text end .

Subd. 3.

Outreach letter and special enrollment period.

(a) MNsure must provide a written letter deleted text begin of the projected assessment under subdivision 2 deleted text end new text begin with general information about health insurance coverage and financial assistance available through MNsure new text end to a taxpayer who indicates to the commissioner of revenue that the taxpayer is interested in obtaining information on access to health insurance.

(b) MNsure must allow a special enrollment period for taxpayers who receive the outreach letter in paragraph (a) and are determined eligible to enroll in a qualified health plan through MNsure. The triggering event for the special enrollment period is the day the outreach letter under this subdivision is mailed to the taxpayer. An eligible individual, and their dependents, have 65 days from the triggering event to select a qualifying health plan and coverage for the qualifying health plan is effective the first day of the month after plan selection.

(c) Taxpayers who have a member of the taxpayer's household currently enrolled in a qualified health plan through MNsure are not eligible for the special enrollment under paragraph (b).

(d) MNsure must provide information to the general public about the easy enrollment health insurance outreach program and the special enrollment period described in this subdivision.

Subd. 4.

Appeals.

(a) deleted text begin Projected deleted text end new text begin Any new text end eligibility deleted text begin assessments for financial assistance under this section are not appealable deleted text end new text begin information provided under this section is not appealable new text end .

(b) Qualification for the special enrollment period under this section is appealable to MNsure under this chapter and Minnesota Rules, chapter 7700.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 3.

Minnesota Statutes 2025 Supplement, section 256.9657, subdivision 2b, is amended to read:

Subd. 2b.

Hospital assessment.

(a) For purposes of this subdivision, the following terms have the meanings given:

(1) "eligible hospital" means:

(i) PrairieCare psychiatric hospital; or

(ii) a hospital licensed under section 144.50, located in Minnesota, and with a Medicare cost report filed and showing in the Healthcare Cost Report Information System (HCRIS), except for the following:

(A) federal Indian Health Service facilities;

(B) state-owned or state-operated regional treatment centers and all state-operated services;

(C) federal Veterans Administration Medical Centers; and

(D) long-term acute care hospitals;

(2) "net outpatient revenue" means total outpatient revenue less Medicare revenue as calculated from:

(i) values on Worksheet G of the hospital's Medicare cost report; or

(ii) for PrairieCare psychiatric hospital, data available to the commissioner; and

(3) "total patient days" means total hospital inpatient days as reported on:

(i) Worksheet S-3 of the hospital's Medicare cost report; or

(ii) for PrairieCare psychiatric hospital, data available to the commissioner.

(b) Subject to paragraphs (m) to deleted text begin (o) deleted text end new text begin (p) new text end , each eligible hospital must pay assessments to the hospital directed payment program account in the special revenue fund, with an aggregate annual assessment amount equal to the sum of the following:

(1) $120.22 multiplied by total patient days; and

(2) 5.96 percent of the hospital's net outpatient revenue.

(c) The assessment amount for calendar years 2026 and 2027 must be based on the total patient days and net outpatient revenue reflected on an eligible hospital's Medicare cost report as follows:

(1) an eligible hospital with a fiscal year ending on March 31 or June 30 must use data from a cost report from the hospital's fiscal year 2022; and

(2) an eligible hospital with a fiscal year ending on September 30 or December 31 must use data from a cost report from the hospital's fiscal year 2021.

(d) The annual assessment amount for calendar years after 2027 must be set for a two-year period and must be based on the total patient days and net outpatient revenue reflected on an eligible hospital's most recent Medicare cost report filed and showing in HCRIS as of August 1 of the year prior to the subsequent two-year period.

(e) The commissioner may, after consultation with the Minnesota Hospital Association, modify the rates of assessment in paragraph (b) as necessary to comply with federal law, obtain or maintain a waiver under Code of Federal Regulations, title 42, section 433.72, or otherwise maximize under this section federal financial participation for medical assistance. Notwithstanding the foregoing authorization to maximize federal financial participation for medical assistance, the commissioner must reduce the rates of assessment in paragraph (b) as necessary to ensure:

(1) the state's aggregated health care-related taxes on inpatient hospital services do not exceed 5.75 percent of the net patient revenue attributable to those services; and

(2) the state's aggregated health care-related taxes on outpatient hospital services do not exceed 5.75 percent of the net patient revenue attributable to those services.

(f) Eligible hospitals must pay the annual assessment amount under paragraph (b) to the commissioner by paying four equal, quarterly assessments. Eligible hospitals must pay the quarterly assessments by January 1, April 1, July 1, and October 1 each year. Assessments must be paid in the form and manner specified by the commissioner. An eligible hospital is prohibited from paying a quarterly assessment until the eligible hospital has received the applicable invoice under paragraph (g).

(g) The commissioner must provide eligible hospitals with an invoice by December 1 for the assessment due January 1, March 1 for the assessment due April 1, June 1 for the assessment due July 1, and September 1 for the assessment due October 1 each year.

(h) The commissioner must notify each eligible hospital of the hospital's estimated annual assessment amount for the subsequent calendar year by October 15 each year.

(i) If any of the dates for assessments or invoices in paragraphs (f) to (h) fall on a holiday, the applicable date is the next business day.

(j) A hospital that has merged with another hospital must have the surviving hospital's assessment revised at the start of the hospital's first full fiscal year after the merger is complete. A closed hospital is retroactively responsible for assessments owed for services provided through the final date of operations.

(k) If the commissioner determines that a hospital has underpaid or overpaid an assessment, the commissioner must notify the hospital of the unpaid assessment or of any refund due. The commissioner must refund a hospital's overpayment from the hospital directed payment program account created in section 256B.1975, subdivision 1.

(l) Revenue from an assessment under this subdivision must only be used by the commissioner to pay the nonfederal share of the directed payment program under section 256B.1974.

(m) The commissioner is prohibited from collecting any assessment under this subdivision during any period of time when:

(1) federal financial participation is unavailable or disallowed, or if the approved aggregate federal financial participation for the directed payment under section 256B.1974 is less than 51 percent; or

(2) a directed payment under section 256B.1974 is not approved by the Centers for Medicare and Medicaid Services.

(n) The commissioner must make the following discounts from the inpatient portion of the assessment under paragraph (b), clause (1), in the stated amount or as necessary to achieve federal approval of the assessment in this section:

(1) Hennepin Healthcare, with a discount of 25 percent;

(2) Mayo Rochester, with a discount of ten percent;

(3) Gillette Children's Hospital, with a discount of 90 percent;

(4) each hospital not included in another discount category, and with greater than $200,000,000 in total medical assistance inpatient and outpatient revenue in fee-for-service and managed care, as reported in state fiscal year 2022 medical assistance fee-for-service and managed care claims data, with a discount of five percent; and

(5) any hospital responsible for greater than 12 percent of the total assessment annually collected statewide, with a discount in the amount necessary such that the hospital is responsible for 12 percent of the total assessment annually collected statewide.

(o) The commissioner must make the following discounts from the outpatient portion of the assessment under paragraph (b), clause (2), in the stated amount or as necessary to achieve federal approval of the assessment in this section:

(1) each critical access hospital or independent hospital located outside a city of the first class and paid under the Medicare prospective payment system, with a discount of 40 percent;

(2) Gillette Children's Hospital, with a discount of 90 percent;

(3) Hennepin Healthcare, with a discount of 60 percent;

(4) Mayo Rochester, with a discount of 20 percent; and

(5) each hospital not included in another discount category, and with greater than $200,000,000 in total medical assistance inpatient and outpatient revenue in fee-for-service and managed care, as reported in state fiscal year 2022 medical assistance fee-for-service and managed care claims data, with a discount of ten percent.

new text begin (p) The commissioner must not impose any assessment under this subdivision on a hospital that does not receive payments under section 256B.1974. new text end

deleted text begin (p) deleted text end new text begin (q) new text end If the federal share of the hospital directed payment program under section 256B.1974 is increased as the result of an increase to the federal medical assistance percentage, the commissioner must reduce the assessment on a uniform percentage basis across eligible hospitals on which the assessment is imposed, such that the aggregate amount collected from hospitals under this subdivision does not exceed the total amount needed to maintain the same aggregate state and federal funding level for the directed payments authorized by section 256B.1974.

deleted text begin (q) deleted text end new text begin (r) new text end Eligible hospitals must submit to the commissioner on an annual basis, in the form and manner specified by the commissioner in consultation with the Minnesota Hospital Association, all documentation necessary to determine the assessment amounts under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the date that Laws 2025, First Special Session chapter 3, article 8, section 4, becomes effective. new text end

Sec. 4.

Minnesota Statutes 2024, section 256.969, subdivision 2b, is amended to read:

Subd. 2b.

Hospital payment rates.

(a) For discharges occurring on or after November 1, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according to the following:

(1) critical access hospitals as defined by Medicare shall be paid using a cost-based methodology;

(2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology under subdivision 25;

(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation distinct parts as defined by Medicare shall be paid according to the methodology under subdivision 12; and

(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.

(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not be rebased, except that a Minnesota long-term hospital shall be rebased effective January 1, 2011, based on its most recent Medicare cost report ending on or before September 1, 2008, with the provisions under subdivisions 9 and 23, based on the rates in effect on December 31, 2010. For rate setting periods after November 1, 2014, in which the base years are updated, a Minnesota long-term hospital's base year shall remain within the same period as other hospitals.

(c) Effective for discharges occurring on and after November 1, 2014, payment rates for hospital inpatient services provided by hospitals located in Minnesota or the local trade area, except for the hospitals paid under the methodologies described in paragraph (a), clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a manner similar to Medicare. The base year or years for the rates effective November 1, 2014, shall be calendar year 2012. The rebasing under this paragraph shall be budget neutral, ensuring that the total aggregate payments under the rebased system are equal to the total aggregate payments that were made for the same number and types of services in the base year. Separate budget neutrality calculations shall be determined for payments made to critical access hospitals and payments made to hospitals paid under the DRG system. Only the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being rebased during the entire base period shall be incorporated into the budget neutrality calculation.

(d) For discharges occurring on or after November 1, 2014, through the next rebasing that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph (a), clause (4), shall include adjustments to the projected rates that result in no greater than a five percent increase or decrease from the base year payments for any hospital. Any adjustments to the rates made by the commissioner under this paragraph and paragraph (e) shall maintain budget neutrality as described in paragraph (c).

(e) For discharges occurring on or after November 1, 2014, the commissioner may make additional adjustments to the rebased rates, and when evaluating whether additional adjustments should be made, the commissioner shall consider the impact of the rates on the following:

(1) pediatric services;

(2) behavioral health services;

(3) trauma services as defined by the National Uniform Billing Committee;

(4) transplant services;

(5) obstetric services, newborn services, and behavioral health services provided by hospitals outside the seven-county metropolitan area;

(6) outlier admissions;

(7) low-volume providers; and

(8) services provided by small rural hospitals that are not critical access hospitals.

(f) Hospital payment rates established under paragraph (c) must incorporate the following:

(1) for hospitals paid under the DRG methodology, the base year payment rate per admission is standardized by the applicable Medicare wage index and adjusted by the hospital's disproportionate population adjustment;

(2) for critical access hospitals, payment rates for discharges between November 1, 2014, and June 30, 2015, shall be set to the same rate of payment that applied for discharges on October 31, 2014;

(3) the cost and charge data used to establish hospital payment rates must only reflect inpatient services covered by medical assistance; and

(4) in determining hospital payment rates for discharges occurring on or after the rate year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per discharge shall be based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year or years. In determining hospital payment rates for discharges in subsequent base years, the per discharge rates shall be based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year or years.

(g) The commissioner shall validate the rates effective November 1, 2014, by applying the rates established under paragraph (c), and any adjustments made to the rates under paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the total aggregate payments for the same number and types of services under the rebased rates are equal to the total aggregate payments made during calendar year 2013.

(h) Effective for discharges occurring on or after July 1, 2017, and every two years thereafter, payment rates under this section shall be rebased to reflect only those changes in hospital costs between the existing base year or years and the next base year or years. In any year that inpatient claims volume falls below the threshold required to ensure a statistically valid sample of claims, the commissioner may combine claims data from two consecutive years to serve as the base year. Years in which inpatient claims volume is reduced or altered due to a pandemic or other public health emergency shall not be used as a base year or part of a base year if the base year includes more than one year. Changes in costs between base years shall be measured using the lower of the hospital cost index defined in subdivision 1, paragraph (a), or the percentage change in the case mix adjusted cost per claim. The commissioner shall establish the base year for each rebasing period considering the most recent year or years for which filed Medicare cost reports are available, except that the base years for the rebasing effective July 1, 2023, are calendar years 2018 and 2019. The estimated change in the average payment per hospital discharge resulting from a scheduled rebasing must be calculated and made available to the legislature by January 15 of each year in which rebasing is scheduled to occur, and must include by hospital the differential in payment rates compared to the individual hospital's costs.

(i) Effective for discharges occurring on or after July 1, 2015, new text begin through December 31, 2026, new text end inpatient payment rates for critical access hospitals located in Minnesota or the local trade area shall be determined using a new cost-based methodology. The commissioner shall establish within the methodology tiers of payment designed to promote efficiency and cost-effectiveness. Payment rates for hospitals under this paragraph shall be set at a level that does not exceed the total cost for critical access hospitals as reflected in base year cost reports. Until the next rebasing that occurs, the new methodology shall result in no greater than a five percent decrease from the base year payments for any hospital, except a hospital that had payments that were greater than 100 percent of the hospital's costs in the base year shall have their rate set equal to 100 percent of costs in the base year. The rates paid for discharges on and after July 1, 2016, covered under this paragraph shall be increased by the inflation factor in subdivision 1, paragraph (a). The new cost-based rate shall be the final rate and shall not be settled to actual incurred costs. Hospitals shall be assigned a payment tier based on the following criteria:

(1) hospitals that had payments at or below 80 percent of their costs in the base year shall have a rate set that equals 85 percent of their base year costs;

(2) hospitals that had payments that were above 80 percent, up to and including 90 percent of their costs in the base year shall have a rate set that equals 95 percent of their base year costs; and

(3) hospitals that had payments that were above 90 percent of their costs in the base year shall have a rate set that equals 100 percent of their base year costs.

deleted text begin (j) The commissioner may refine the payment tiers and criteria for critical access hospitals to coincide with the next rebasing under paragraph (h). The factors used to develop the new methodology may include, but are not limited to: deleted text end

deleted text begin (1) the ratio between the hospital's costs for treating medical assistance patients and the hospital's charges to the medical assistance program; deleted text end

deleted text begin (2) the ratio between the hospital's costs for treating medical assistance patients and the hospital's payments received from the medical assistance program for the care of medical assistance patients; deleted text end

deleted text begin (3) the ratio between the hospital's charges to the medical assistance program and the hospital's payments received from the medical assistance program for the care of medical assistance patients; deleted text end

deleted text begin (4) the statewide average increases in the ratios identified in clauses (1), (2), and (3); deleted text end

deleted text begin (5) the proportion of that hospital's costs that are administrative and trends in administrative costs; and deleted text end

deleted text begin (6) geographic location. deleted text end

new text begin (j) Effective for discharges occurring on or after January 1, 2027, inpatient payment rates for critical access hospitals located in Minnesota or the local trade area must be determined using 100 percent of each hospital's base year costs. The base year costs must be increased by the percentage change in the Centers for Medicare and Medicaid Services Inpatient Hospital Market Basket between the base year and the payment year. Effective January 1, 2027, payments made by managed care plans and county-based purchasing plans must be at least equivalent to those paid by fee-for-service. new text end

(k) Subject to subdivision 2g, effective for discharges occurring on or after January 1, 2024, the rates paid to hospitals described in paragraph (a), clauses (2) to (4), must include a rate factor specific to each hospital that qualifies for a medical education and research cost distribution under section 62J.692, subdivision 4, paragraph (a).

Sec. 5.

Minnesota Statutes 2025 Supplement, section 256.969, subdivision 2f, is amended to read:

Subd. 2f.

Alternate inpatient payment rate.

(a) Effective January 1, 2022, for a hospital eligible to receive disproportionate share hospital payments under subdivision 9, paragraph (d), clause (6), the commissioner shall reduce the amount calculated under subdivision 9, paragraph (d), clause (6), by deleted text begin 99 deleted text end new text begin one new text end percent and compute an alternate inpatient payment rate. The alternate payment rate shall be structured to target a total aggregate reimbursement amount equal to what the hospital would have received for providing fee-for-service inpatient services under this section to patients enrolled in medical assistance had the hospital received the entire amount calculated under subdivision 9, paragraph (d), clause (6). This paragraph expires when paragraph (b) becomes effective.

(b) For hospitals eligible to receive payment under section 256B.1973 or 256B.1974 and meeting the criteria in subdivision 9, paragraph (d), the commissioner deleted text begin must deleted text end new text begin may new text end reduce the amount calculated under subdivision 9, paragraph (d), by one percent and compute an alternate inpatient payment rate. The alternate payment rate must be structured to target a total aggregate reimbursement amount equal to the amount that the hospital would have received for providing fee-for-service inpatient services under this section to patients enrolled in medical assistance had the hospital received 99 percent of the entire amount calculated under subdivision 9, paragraph (d). Hospitals that do not meet federal requirements for Medicaid disproportionate share hospitals are not eligible for the alternate payment rate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon the date that Laws 2025, First Special Session chapter 3, article 8, section 5, becomes effective. new text end

Sec. 6.

Minnesota Statutes 2024, section 256.969, subdivision 25, is amended to read:

Subd. 25.

Long-term hospital rates.

(a) Long-term hospitals shall be paid on a per diem basis.

(b) For admissions occurring on or after April 1, 1995, a long-term hospital as designated by Medicare that does not have admissions in the base year shall have inpatient rates established at the average of other hospitals with the same designation. For subsequent rate-setting periods in which base years are updated, the hospital's base year shall be the first Medicare cost report filed with the long-term hospital designation and shall remain in effect until it falls within the same period as other hospitals.

(c) For admissions occurring on or after July 1, 2023, long-term hospitals must be paid the higher of deleted text begin a per diem amount computed using the methodology described in subdivision 2b, paragraph (i), or deleted text end the per diem rate as of July 1, 2021 deleted text begin . deleted text end new text begin , or a per diem amount computed as follows: new text end

new text begin (1) hospitals that had payments at or below 80 percent of the hospital's costs in the base year must have a rate set that equals 85 percent of the hospital's base year costs; new text end

new text begin (2) hospitals that had payments that were above 80 percent up to and including 90 percent of the hospital's costs in the base year must have a rate set that equals 95 percent of the hospital's base year costs; and new text end

new text begin (3) hospitals that had payments that were above 90 percent of the hospital's costs in the base year must have a rate set that equals 100 percent of the hospital's base year costs. new text end

Sec. 7.

Minnesota Statutes 2024, section 256B.056, subdivision 1, is amended to read:

Subdivision 1.

Residency.

(a) To be eligible for medical assistance, a person must reside in Minnesota, or, if absent from the state, be deemed to be a resident of Minnesota, in accordance with Code of Federal Regulations, title 42, section 435.403. new text begin A child who is placed in a family foster home in Minnesota by another state is a Minnesota resident in accordance with Minnesota's interstate agreements and Code of Federal Regulations, title 42, section 435.403(k). For the purposes of this paragraph, "family foster home" has the meaning given in section 260C.007, subdivision 16b. new text end

(b) The commissioner shall identify individuals who are enrolled in medical assistance and who are absent from the state for more than 30 consecutive days, but who continue to qualify for medical assistance in accordance with paragraph (a).

(c) If the individual is absent from the state for more than 30 consecutive days but still deemed a resident of Minnesota in accordance with paragraph (a), any covered service provided to the individual must be paid through the fee-for-service system and not through the managed care capitated rate payment system under section 256B.69 or 256L.12.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 8.

Minnesota Statutes 2025 Supplement, section 256B.0625, subdivision 8, is amended to read:

Subd. 8.

Physical therapy.

(a) Medical assistance covers physical therapy and related services. Specialized maintenance therapy is covered for recipients age 20 and under.

(b) Services provided by a physical therapy assistant shall be reimbursed at the same rate as services performed by a physical therapist when the services of the physical therapy assistant are provided under the direction of a physical therapist who is on the premises. Services provided by a physical therapy assistant that are provided under the direction of a physical therapist who is not on the premises shall be reimbursed at 65 percent of the physical therapist rate.

(c) Payment for physical therapy and related services is limited to 14 visits per year unless prior authorization of a greater number of visits is obtained. new text begin This paragraph expires upon the effective date of paragraph (d). new text end

new text begin (d) Effective January 1, 2027, or upon federal approval, whichever is later, payment for physical therapy and related services is limited to the following number of visits per year unless prior authorization of a greater number of visits is obtained: new text end

new text begin (1) for children following an inpatient or outpatient hospital-based surgery, 30 visits; and new text end

new text begin (2) for all other recipients, 14 visits. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 9.

Minnesota Statutes 2025 Supplement, section 256B.1973, subdivision 9, is amended to read:

Subd. 9.

Interaction with other directed payments.

new text begin (a) new text end An eligible provider under subdivision 3 may participate in the hospital directed payment program under section 256B.1974 for inpatient hospital services, outpatient hospital services, or both. A provider participating in the hospital directed payment program must not receive a directed payment under this section for any provider classes paid via the hospital directed payment program. A hospital subject to this section must notify the commissioner in writing no later than 30 days after enactment of this subdivision of the hospital's intention to participate in the hospital directed payment program under section 256B.1974 for inpatient hospital services, outpatient hospital services, or both.

new text begin (b) new text end The election under this subdivision is a onetime election, except that if an eligible provider elects to participate in the hospital directed payment program, and the hospital directed payment program expires or is not federally approved, the eligible provider may subsequently elect to participate in the directed payment under this section.

new text begin (c) If an eligible provider elects not to participate in the hospital directed payment program under section 256B.1974 and the federal statutes or regulations related to hospital directed payment programs are subsequently substantially changed, the eligible provider may elect to participate in the hospital directed payment program under section 256B.1974. new text end

new text begin (d) The effective date of the election to participate in the hospital directed payment program under this section must align with the beginning of the calendar year in which payment rates under this section are updated. The eligible provider must notify the commissioner of the eligible provider's intention to make the election ten months before the effective date of the election. new text end

Sec. 10.

Minnesota Statutes 2025 Supplement, section 256B.69, subdivision 6d, is amended to read:

Subd. 6d.

Prescription drugs.

(a) The commissioner may exclude or modify coverage for prescription drugs from the prepaid managed care contracts entered into under this section in order to increase savings to the state by collecting additional prescription drug rebates.

(b) The contracts must maintain incentives for the managed care plan to manage drug costs and utilization and may require that the managed care plans maintain an open drug formulary. In order to manage drug costs and utilization, the contracts may authorize the managed care plans to use preferred drug lists and prior authorization. The contracts must require that the managed care plans enter into contracts with the state's selected pharmacy benefit manager vendor to administer the pharmacy benefit.

(c) This subdivision is contingent on federal approval of the managed care contract changes and the collection of additional prescription drug rebates.

new text begin (d) The commissioner must require that the final reimbursement to a pharmacy from managed care and county-based purchasing plans and any pharmacy benefit managers under contract with these entities be at least a dispensing fee of $11.55 per claim for prescriptions filled with drugs meeting the definition of covered outpatient drugs. The commissioner must require the payment of a dispensing fee of at least $3.65 for drugs not meeting the definition of covered outpatient drug. new text end

new text begin (e) In addition to the dispensing fee set forth in paragraph (d), the commissioner must require that the final reimbursement to a pharmacy from managed care and county-based purchasing plans and any pharmacy benefit managers under contract with these entities be equal to the ingredient cost for a drug as either: new text end

new text begin (1) the lower of the National Average Drug Acquisition Cost (NADAC) or the Minnesota actual acquisition cost (MNAAC) under section 256B.0625, subdivision 13, paragraph (g); new text end

new text begin (2) the maximum allowable cost, if a drug ingredient cost is unreported in the NADAC and the MNAAC; or new text end

new text begin (3) the wholesale acquisition cost minus two percent, if a drug ingredient cost is unreported in the NADAC and the MNAAC and a maximum allowable cost is unavailable. new text end

new text begin (f) The commissioner must monitor the effect of this requirement on access to pharmaceutical services in rural and underserved areas of the state. If, for any contract year, federal approval is not received for paragraphs (d) and (e), the commissioner must adjust the capitation rates paid to managed care plans and county-based purchasing plans for that contract year to reflect removal of paragraphs (d) and (e). A contract between a managed care plan or county-based purchasing plan, or any pharmacy benefit manager under contract with one of those entities, and a provider to whom paragraphs (d) and (e) apply must allow recovery of payments from those providers if capitation rates are adjusted in accordance with this paragraph. Payment recoveries must not exceed the amount equal to any increase in rates that results from paragraphs (d) and (e). This subdivision expires if federal approval is not received for paragraphs (d) and (e) at any time. new text end

new text begin (g) Paragraphs (d) to (g) expire upon the effective date of a master contract under section 256B.696. The commissioner shall notify the revisor of statutes of the effective date. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 11.

Minnesota Statutes 2025 Supplement, section 256B.695, subdivision 5, is amended to read:

Subd. 5.

CARMA enrollment.

(a) Subject to deleted text begin paragraphs deleted text end new text begin paragraph new text end (d) deleted text begin and (e) deleted text end , eligible individuals must be automatically enrolled in CARMA, but may decline enrollment. Eligible individuals may enroll in fee-for-service medical assistance. Eligible individuals may change their CARMA elections on an annual basis.

(b) Eligible individuals must be able to enroll in CARMA through the selection process in accordance with the election period established in section 256B.69, subdivision 4, paragraph (e).

(c) Enrollees who were not previously enrolled in the medical assistance program or MinnesotaCare can change their selection once within the first year after enrollment in CARMA. Enrollees who were not previously enrolled in CARMA have 90 days to make a change and changes are allowed for additional special circumstances.

(d) The commissioner may new text begin not new text end offer a second health plan new text begin to eligible individuals new text end other than, deleted text begin and deleted text end new text begin or new text end in addition to, CARMA new text begin except that the commissioner may offer a second health plan new text end to eligible individuals deleted text begin when another health plan is deleted text end new text begin enrolling in MinnesotaCare, if new text end required by federal law or rule. new text begin Eligible individuals who do not select a health plan at the time of enrollment must automatically be enrolled in CARMA. new text end

new text begin (e) new text end The commissioner may offer a replacement plan to eligible individuals, as determined by the commissioner, when counties administering CARMA have their contract terminated for cause.

deleted text begin (e) deleted text end new text begin (f) new text end The commissioner may, on a county-by-county basis, offer a health plan other than deleted text begin , and in addition to, deleted text end CARMA to individuals who are eligible for both Medicare and medical assistance due to age new text begin , income, new text end or disability if deleted text begin the commissioner deems it necessary for enrollees to have another choice of health plan. Factors the commissioner must consider when determining if the other health plan is necessary include the number of available Medicare Advantage Plan options that are not special needs plans in the county, the size of the enrolling population, the additional administrative burden placed on providers and counties by multiple health plan options in a county, the need to ensure the viability and success of the CARMA program, and the impact to the medical assistance program deleted text end new text begin there is not already a health plan available under CARMA new text end .

deleted text begin (f) In counties where the commissioner is required by federal law or elects to offer a second health plan other than CARMA pursuant to paragraphs (d) and (e), eligible enrollees who do not select a health plan at the time of enrollment must automatically be enrolled in CARMA. deleted text end

(g) This subdivision supersedes section 256B.694.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2028. new text end

Sec. 12.

Minnesota Statutes 2024, 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 (9), shall be paid on a cost-based payment system that is based on the cost-finding methods and allowable costs of the Medicare program. Effective for services provided on or after July 1, 2015, rates established for critical access hospitals under this paragraph for the applicable payment year shall be the final payment and shall not be settled to actual costs. Effective for services delivered on or after the first day of the hospital's fiscal year ending in 2017, the rate for outpatient hospital services shall be computed using information from each hospital's Medicare cost report as filed with Medicare for the year that is two years before the year that the rate is being computed. Rates shall be computed using information from Worksheet C series until the department finalizes the medical assistance cost reporting process for critical access hospitals. After the cost reporting process is finalized, rates shall be computed using information from Title XIX Worksheet D series. The outpatient rate shall be equal to ancillary cost plus outpatient cost, excluding costs related to rural health clinics and federally qualified health clinics, divided by ancillary charges plus outpatient charges, excluding charges related to rural health clinics and federally qualified health clinics. Effective for services delivered on or after January 1, 2024, the rates paid to critical access hospitals under this section must be adjusted to include the amount of any distributions under section 62J.692, subdivision 4, paragraph (a), that were not included in the rate adjustment described under section 256.969, subdivision 2b, paragraph (k).

(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. When implementing prospective payment methodologies, the commissioner shall use general methods and rate calculation parameters similar to the applicable Medicare prospective payment systems for services delivered in outpatient hospital and ambulatory surgical center settings unless other payment methodologies for these services are specified in this chapter.

(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.

(f) In addition to the reductions in paragraphs (d) and (e), the total payment for fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced three percent from the current statutory rates. Mental health services and facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.

new text begin (g) Critical access hospitals that convert to rural emergency hospitals in accordance with section 1861(kkk) of the Social Security Act must be paid the rate described in paragraph (b). The rate must be classified as either an outpatient hospital rate or a clinic rate as determined upon federal approval. new text end

Sec. 13.

Minnesota Statutes 2024, section 256L.05, subdivision 3, is amended to read:

Subd. 3.

Effective date of coverage.

(a) The effective date of coverage is the first day of the month following the month in which eligibility is approved and the first premium payment has been received. The effective date of coverage for new members added to the family is the first day of the month following the month in which the change is reported. All eligibility criteria must be met by the family at the time the new family member is added. The income of the new family member is included with the family's modified adjusted gross income and the adjusted premium begins in the month the new family member is added.

(b) The initial premium must be received by the last working day of the month for coverage to begin the first day of the following month.

(c) Notwithstanding any other law to the contrary, benefits under sections 256L.01 to 256L.18 are secondary to a plan of insurance or benefit program under which an eligible person may have coverage and the commissioner shall use cost avoidance techniques to ensure coordination of any other health coverage for eligible persons. The commissioner shall identify eligible persons who may have coverage or benefits under other plans of insurance or who become eligible for medical assistance.

(d) The effective date of coverage for individuals or families who are exempt from paying premiums under section 256L.15, deleted text begin subdivision deleted text end new text begin subdivisions new text end 1 deleted text begin , paragraph (c) deleted text end new text begin and 2 new text end , is the first day of the month following the month in which eligibility is approved.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 14.

Minnesota Statutes 2024, section 256L.06, subdivision 3, is amended to read:

Subd. 3.

Commissioner's duties and payment.

(a) Premiums are dedicated to the commissioner for MinnesotaCare.

(b) The commissioner shall develop and implement procedures to: (1) require enrollees to report changes in income; (2) adjust sliding scale premium payments, based upon both increases and decreases in enrollee income, at the time the change in income is reported; and (3) disenroll enrollees from MinnesotaCare for failure to pay required premiums. Failure to pay includes payment with a dishonored check, a returned automatic bank withdrawal, or a refused credit card or debit card payment. The commissioner may demand a guaranteed form of payment, including a cashier's check or a money order, as the only means to replace a dishonored, returned, or refused payment.

(c) Premiums are calculated on a calendar month basis and may be paid on a monthly, quarterly, or semiannual basis, with the first payment due upon notice from the commissioner of the premium amount required. The commissioner shall inform applicants and enrollees of these premium payment options. Premium payment is required before enrollment is complete and to maintain deleted text begin eligibility deleted text end new text begin coverage new text end in MinnesotaCare. Premium payments received before noon are credited the same day. Premium payments received after noon are credited on the next working day.

(d) Nonpayment of the premium will result in disenrollment from the plan effective for the calendar month following the month for which the premium was due. Persons disenrolled for nonpayment may not reenroll prior to the first day of the month following the payment of an amount equal to deleted text begin two months' premiums deleted text end new text begin one monthly premium new text end .

(e) The commissioner shall forgive the past-due premium for persons disenrolled under paragraph (d) prior to issuing a premium invoice for the deleted text begin fourth deleted text end new text begin next new text end month deleted text begin following disenrollment deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 15.

Minnesota Statutes 2024, section 295.52, subdivision 8, is amended to read:

Subd. 8.

Contingent reduction in tax rate.

(a) By December 1 of each year, beginning in 2011, the commissioner of management and budget shall determine the projected balance in the health care access fund for the biennium.

(b) If the commissioner of management and budget determines that the projected balance in the health care access fund for the biennium reflects a ratio of revenues to expenditures and transfers greater than 125 percent, and if the actual cash balance in the fund is adequate, as determined by the commissioner of management and budget, the commissioner, in consultation with the deleted text begin commissioner deleted text end new text begin commissioners new text end of revenue new text begin and human services new text end , shall reduce the tax rates levied under subdivisions 1, 1a, 2, 3, and 4, for the subsequent calendar year sufficient to reduce the structural balance in the fund. The rate may be reduced to the extent that the projected revenues for the biennium do not exceed 125 percent of expenditures and transfers. The new rate shall be rounded to the nearest one-tenth of one percent. The rate reduction under this paragraph expires at the end of each calendar year and is subject to an annual redetermination by the commissioner of management and budget.

(c) For purposes of the analysis defined in paragraph (b), the commissioner of management and budget shall include projected revenues.

Sec. 16.

Laws 2025, First Special Session chapter 3, article 8, section 25, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective January 1, deleted text begin 2027 deleted text end new text begin 2028 new text end , or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

Sec. 17.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2024, section 256B.198, new text end new text begin is repealed. new text end

ARTICLE 6

FEDERAL CONFORMITY

Section 1.

Minnesota Statutes 2024, section 116J.035, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Disclosure to the commissioner of human services. new text end

new text begin The commissioner may disclose workforce program participation data gathered under chapter 116L to the commissioner of human services for the purpose of administering section 256B.0562 without the consent of the subject of the data. new text end

Sec. 2.

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 Health care eligibility oversight unit. new text end

new text begin (a) The commissioner shall establish and maintain a Department of Human Services health care eligibility oversight unit responsible for collaboration at a regional level to ensure federal and state Medicaid eligibility requirements are consistently applied by all processing entities. new text end

new text begin (b) The oversight unit must monitor compliance, identify systemic issues, and provide guidance and technical assistance to lead agencies. new text end

new text begin (c) The commissioner shall require lead agencies to work directly with the oversight unit on corrective action planning and implementation to achieve compliance and strengthen performance outcomes. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 3.

Minnesota Statutes 2024, section 256B.04, subdivision 27, is amended to read:

Subd. 27.

Disenrollment under medical assistance and MinnesotaCare.

(a) The commissioner shall regularly new text begin obtain and use information from reliable data sources, including but not limited to managed care and county-based purchasing plans, state health and human services programs, mail returned by the United States Postal Service with a forwarding address, and the National Change of Address database maintained by the United States Postal Service, to new text end update mailing addresses and other contact information for medical assistance and MinnesotaCare enrollees deleted text begin in cases of returned mail and nonresponse using information available through managed care and county-based purchasing plans, state health and human services programs, and other sources deleted text end .

(b) The commissioner shall not disenroll an individual from medical assistance or MinnesotaCare in cases of returned mail until the commissioner makes at least two attempts by phone, email, or other methods to contact the individual. The commissioner may disenroll the individual after providing no less than 30 days for the individual to respond to the most recent contact attempt.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 4.

Minnesota Statutes 2024, section 256B.05, subdivision 5, is amended to read:

Subd. 5.

Obligation of local agency to process medical assistance applications within established timelines.

new text begin (a) new text end The local agency must act on an application for medical assistance within ten working days of receipt of all information needed to act on the application but no later than required under Minnesota Rules, part 9505.0090, subparts 2 and 3.

new text begin (b) A local agency must notify the commissioner within five calendar days when the local agency fails to meet at least 80 percent of the local agency's monthly application and redetermination deadlines. new text end

Sec. 5.

Minnesota Statutes 2024, section 256B.05, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Authority to intervene. new text end

new text begin Upon receiving a notice from a local agency pursuant to subdivision 5, paragraph (b), the commissioner may provide support to the local agency to timely process the local agency's outstanding applications and redeterminations. new text end

Sec. 6.

Minnesota Statutes 2024, section 256B.056, subdivision 2a, is amended to read:

Subd. 2a.

Home equity limit for medical assistance payment of long-term care services.

(a) Effective for requests of medical assistance payment of long-term care services filed on or after July 1, 2006, and for renewals on or after July 1, 2006, for persons who received payment of long-term care services under a request filed on or after January 1, 2006, the equity interest in the home of a person whose eligibility for long-term care services is determined on or after January 1, 2006, shall not exceed $500,000, unless it is the lawful residence of the person's spouse or child who is under age 21, or a child of any age who is blind or permanently and totally disabled as defined in the Supplemental Security Income program. The amount specified in this paragraph shall be increased beginning in year 2011, from year to year based on the percentage increase in the Consumer Price Index for all urban consumers (all items; United States city average), rounded to the nearest $1,000.

new text begin (b) Effective January 1, 2028, the amount specified in paragraph (a) must not exceed $1,000,000. new text end

deleted text begin (b) deleted text end new text begin (c) new text end For purposes of this subdivision, a "home" means any real or personal property interest, including an interest in an agricultural homestead as defined under section 273.124, subdivision 1, that, at the time of the request for medical assistance payment of long-term care services, is the primary dwelling of the person or was the primary dwelling of the person before receipt of long-term care services began outside of the home.

deleted text begin (c) deleted text end new text begin (d) new text end A person denied or terminated from medical assistance payment of long-term care services because the person's home equity exceeds the home equity limit may seek a waiver based upon a hardship by filing a written request with the county agency. Hardship is an imminent threat to the person's health and well-being that is demonstrated by documentation of no alternatives for payment of long-term care services. The county agency shall make a decision regarding the written request to waive the home equity limit within 30 days if all necessary information has been provided. The county agency shall send the person and the person's representative a written notice of decision on the request for a demonstrated hardship waiver that also advises the person of appeal rights under the fair hearing process of section 256.045.

Sec. 7.

Minnesota Statutes 2024, section 256B.056, subdivision 3d, is amended to read:

Subd. 3d.

Reduction of excess assets.

Assets in excess of the limits in subdivisions 3 to 3c may be reduced to allowable limits as follows:

(a) Assets may be reduced in deleted text begin any of the three deleted text end new text begin either one or two new text end calendar months before the month of application in which the applicant seeks coverage new text begin , according to the applicant's retroactive eligibility under section 256B.061 new text end by paying bills for health services that are incurred in the retroactive period for which the applicant seeks eligibility, starting with the oldest bill. After assets are reduced to allowable limits, eligibility begins with the next dollar of MA-covered health services incurred in the retroactive period. Applicants reducing assets under this subdivision who also have excess income shall first spend excess assets to pay health service bills and may meet the income spenddown on remaining bills.

(b) Assets may be reduced beginning the month of application by paying bills for health services that are incurred during the period specified in Minnesota Rules, part 9505.0090, subpart 2, that would otherwise be paid by medical assistance. After assets are reduced to allowable limits, eligibility begins with the next dollar of medical assistance covered health services incurred in the period. Applicants reducing assets under this subdivision who also have excess income shall first spend excess assets to pay health service bills and may meet the income spenddown on remaining bills.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2028. new text end

Sec. 8.

Minnesota Statutes 2024, section 256B.056, subdivision 7, is amended to read:

Subd. 7.

Period of eligibility.

(a) new text begin Except as provided in paragraphs (b), (c), and (e), medical assistance enrollees are eligible for 12 months. Until December 31, 2027, new text end eligibility is available for the month of application and for three months prior to application if the person was eligible in those prior months. deleted text begin A redetermination of eligibility must occur every 12 months. deleted text end new text begin Effective January 1, 2028, eligibility is available for the month of application and for: new text end

deleted text begin (b) Notwithstanding any other law to the contrary: deleted text end

deleted text begin (1) a child under 19 years of age who is determined eligible for medical assistance must remain eligible for a period of 12 months; deleted text end

deleted text begin (2) a child 19 years of age and older but under 21 years of age who is determined eligible for medical assistance must remain eligible for a period of 12 months; and deleted text end

new text begin (1) one month prior to application for an individual described in paragraph (e) if the individual was eligible for medical assistance in the prior month; or new text end

new text begin (2) two months prior to application for all other individuals eligible for medical assistance if the individual was eligible in those prior months. new text end

deleted text begin (3) deleted text end new text begin (b) new text end A child under six years of age who is determined eligible for medical assistance must remain eligible through the month in which the child reaches six years of age.

(c) A child's eligibility under paragraph (b) may be terminated earlier if:

(1) the child or the child's representative requests voluntary termination of eligibility;

(2) the child ceases to be a resident of this state;

(3) the child dies;

(4) the child attains the maximum age; or

(5) the agency determines eligibility was erroneously granted at the most recent eligibility determination due to agency error or fraud, abuse, or perjury attributed to the child or the child's representative.

(d) For deleted text begin a person deleted text end new text begin an individual new text end eligible for an insurance affordability program as defined in section 256B.02, subdivision 19, who reports a change that makes the deleted text begin person deleted text end new text begin individual new text end eligible for medical assistance, eligibility is available for the month the change was reported and deleted text begin for three months prior to the month the change was reported, if the person was eligible in those prior months. deleted text end new text begin : new text end

new text begin (1) until December 31, 2027, for three months prior to the month the change was reported; and new text end

new text begin (2) effective January 1, 2028, for: new text end

new text begin (i) one month prior to the month the change was reported for an individual described in paragraph (e); or new text end

new text begin (ii) two months prior to the month the change was reported for all other individuals eligible for medical assistance if the individual was eligible in the prior month or months. new text end

new text begin (e) The period of eligibility for a person subject to six-month eligibility redeterminations under Public Law 119-21, section 71107, is six months. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 9.

Minnesota Statutes 2024, section 256B.056, subdivision 7a, is amended to read:

Subd. 7a.

Periodic renewal of eligibility.

(a) new text begin Except as provided in paragraphs (d) and (e), new text end the commissioner shall make an annual redetermination of eligibility based on information contained in the enrollee's case file and other information available to the agency, including but not limited to information accessed through an electronic database, without requiring the enrollee to submit any information when sufficient data is available for the agency to renew eligibility.

(b) If the commissioner cannot renew eligibility in accordance with paragraph (a), the commissioner must provide the enrollee with a prepopulated renewal form containing eligibility information available to the agency and permit the enrollee to submit the form with any corrections or additional information to the agency and sign the renewal form via any of the modes of submission specified in section 256B.04, subdivision 18.

(c) An enrollee who is terminated for failure to complete the renewal process may subsequently submit the renewal form and required information within four months after the date of termination and have coverage reinstated without a lapse, if otherwise eligible under this chapter. The local agency may close the enrollee's case file if the required information is not submitted within four months of termination.

(d) deleted text begin Notwithstanding paragraph (a), deleted text end A person who is eligible under subdivision 5 deleted text begin shall be deleted text end new text begin is new text end subject to a review of the person's income every six months.

new text begin (e) A person subject to six-month eligibility redeterminations under Public Law 119-21, section 71107, is subject to a redetermination of eligibility every six months. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 10.

Minnesota Statutes 2024, section 256B.0561, subdivision 2, is amended to read:

Subd. 2.

Periodic data matching.

(a) The commissioner shall conduct periodic data matching to identify recipients who, based on available electronic data, may not meet eligibility criteria for the public health care program in which the recipient is enrolled. The commissioner shall conduct data matching for medical assistance or MinnesotaCare recipients at least once during a recipient's 12-month period of eligibility new text begin , except as provided in paragraph (f) new text end .

(b) If data matching indicates a recipient may no longer qualify for medical assistance or MinnesotaCare, the commissioner must notify the recipient and allow the recipient no more than 30 days to confirm the information obtained through the periodic data matching or provide a reasonable explanation for the discrepancy to the state or county agency directly responsible for the recipient's case. If a recipient does not respond within the advance notice period or does not respond with information that demonstrates eligibility or provides a reasonable explanation for the discrepancy within the 30-day time period, the commissioner shall terminate the recipient's eligibility in the manner provided for by the laws and regulations governing the health care program for which the recipient has been identified as being ineligible.

(c) The commissioner shall not terminate eligibility for a recipient who is cooperating with the requirements of paragraph (b) and needs additional time to provide information in response to the notification.

(d) A recipient whose eligibility was terminated according to paragraph (b) may be eligible for medical assistance no earlier than the first day of the month in which the recipient provides information that demonstrates the recipient's eligibility.

(e) Any termination of eligibility for benefits under this section may be appealed as provided for in sections 256.045 to 256.0451, and the laws governing the health care programs for which eligibility is terminated.

new text begin (f) Effective January 1, 2027, a person subject to six-month eligibility redeterminations under Public Law 119-21, section 71107, is exempt from periodic data matching under this subdivision. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 11.

new text begin [256B.0562] WORK OR COMMUNITY ENGAGEMENT REQUIREMENTS. new text end

new text begin Subdivision 1. 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) "Applicable individual" has the meaning given in Public Law 119-21, section 71119, paragraph (9). new text end

new text begin (c) "Short-term hardship event" means an event in which a person: new text end

new text begin (1) receives inpatient hospital or nursing facility services, services in an intermediate care facility for individuals with intellectual disabilities, inpatient psychiatric hospital services, or other services of similar acuity; new text end

new text begin (2) resides in a county in which there is an emergency or disaster declared by the President of the United States pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; new text end

new text begin (3) resides in a county that has an unemployment rate at or above the lesser of: new text end

new text begin (i) eight percent; or new text end

new text begin (ii) 1.5 times the national unemployment rate; or new text end

new text begin (4) must travel, or the person's dependent must travel, outside of the person's community for an extended period of time to receive medical services that are not available within the community of residence necessary to treat a serious or complex medical condition of the person or the person's dependent. new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin To be eligible for medical assistance, an applicable individual applying for medical assistance must either demonstrate work or community engagement or meet an exemption in accordance with Public Law 119-21, section 71119, for the month immediately preceding the month during which the person submits an application for medical assistance. new text end

new text begin Subd. 3. new text end

new text begin Renewal requirement. new text end

new text begin (a) To renew eligibility, an applicable individual must either demonstrate work or community engagement or meet an exemption in accordance with Public Law 119-21, section 71119, for at least one month during the person's previous period of eligibility. new text end

new text begin (b) The commissioner must notify an applicable individual of the renewal requirement in paragraph (a) at least 75 days prior to the individual's renewal date. new text end

new text begin Subd. 4. new text end

new text begin Short-term hardship events. new text end

new text begin A person is deemed to have met the requirement to demonstrate work or community engagement for a given month under subdivisions 2 and 3 if (1) the person experiences a short-term hardship event for part or all of that month, and (2) for purposes of a short-term hardship described in subdivision 1, paragraph (c), clause (1) or (4), the person submits a request to the commissioner. new text end

new text begin Subd. 5. new text end

new text begin Noncompliance procedure. new text end

new text begin Before denying or terminating medical assistance eligibility for failure to demonstrate work or community engagement or meet an exemption, the commissioner must comply with the procedures in the case of noncompliance set forth in Public Law 119-21, section 71119, paragraph (6). new text end

new text begin Subd. 6. new text end

new text begin Interpretation of federal law. new text end

new text begin (a) In all cases where an obligation imposed on the commissioner under Public Law 119-21, section 71119, is materially ambiguous, the commissioner must construe the ambiguity in the light most favorable to the applicant, enrollee, or disenrollee, as applicable. For purposes of this subdivision, an obligation on the commissioner includes but is not limited to an obligation respecting the following: new text end

new text begin (1) enrollee notice and outreach; new text end

new text begin (2) demonstration of work or community engagement; new text end

new text begin (3) medical frailty; new text end

new text begin (4) fair hearing rights; new text end

new text begin (5) the provision of medical assistance benefits or coverage; new text end

new text begin (6) submission documentation, including self-attestations of eligibility or exemption; new text end

new text begin (7) eligibility or termination determinations; new text end

new text begin (8) short-term hardship requests; and new text end

new text begin (9) timing. new text end

new text begin (b) Paragraph (a) does not require the commissioner to take any action that the commissioner determines: new text end

new text begin (1) is more likely than not to result in a loss of federal financial participation; new text end

new text begin (2) would be clearly impractical, absurd, or unreasonably detrimental to the medical assistance program or another insurance affordability program; or new text end

new text begin (3) relies on an unreasonable interpretation of federal law. new text end

new text begin (c) Prior to the interpretation of an ambiguity under paragraph (a), the commissioner must, in order to determine the reasonable interpretation of the applicable federal law most favorable to an applicant, enrollee, or disenrollee: new text end

new text begin (1) consult with the health care eligibility oversight unit established in section 256.01; new text end

new text begin (2) consult with the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services finance and policy; and new text end

new text begin (3) take best efforts to consult with, and receive guidance from, the Centers for Medicare and Medicaid Services. new text end

new text begin Subd. 7. new text end

new text begin Expedited rulemaking authority. new text end

new text begin The commissioner may adopt rules necessary to implement and administer this section using the expedited rulemaking process under section 14.389. The 18-month time limit under section 14.125 does not apply to the rulemaking authority under this subdivision. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 12.

new text begin [256B.0563] REVIEW OF DEATH MASTER FILE. new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "death master file" means information about deceased individuals maintained by the Social Security Administration under United States Code, title 42, section 1306c(d), or any successor system. new text end

new text begin Subd. 2. new text end

new text begin Review of the death master file. new text end

new text begin (a) Beginning January 1, 2027, the commissioner must review the death master file at least quarterly to identify any medical assistance recipients who are deceased. new text end

new text begin (b) If review of the death master file or any other source indicates that a recipient is deceased, the commissioner must: new text end

new text begin (1) terminate the recipient's eligibility for medical assistance in the manner provided for by the laws and regulations governing medical assistance; new text end

new text begin (2) notify the recipient and the recipient's representative no later than the date of the termination; and new text end

new text begin (3) discontinue any payments to providers under this chapter made on behalf of the recipient as of the date of the termination. new text end

new text begin (c) If the commissioner determines that a recipient was misidentified as deceased and erroneously disenrolled from medical assistance based on information obtained from the death master file or any other source, the commissioner must immediately re-enroll the individual in medical assistance retroactive to the date of termination under paragraph (b). new text end

new text begin Subd. 3. new text end

new text begin Review of other sources. new text end

new text begin Nothing in this section prevents the commissioner from reviewing other sources to identify recipients of medical assistance who are deceased, provided the commissioner is in compliance with this section and all other requirements under this chapter related to medical assistance eligibility determination and redetermination. new text end

Sec. 13.

Minnesota Statutes 2024, section 256B.06, subdivision 4, is amended to read:

Subd. 4.

Citizenship requirements.

(a) new text begin Except as provided in paragraph (c), new text end eligibility for medical assistance is limited to citizens new text begin and nationals new text end of the United States deleted text begin , qualified noncitizens as defined in this subdivision, and other persons residing lawfully in the United States deleted text end new text begin and noncitizens who are eligible for coverage with federal financial participation provided by Medicaid or the Children's Health Insurance Program new text end . new text begin Noncitizens who are eligible for federal financial participation include but are not limited to: new text end

new text begin (1) children and pregnant women who are lawfully residing in the United States as provided by section 214 of the federal Children's Health Insurance Program Reauthorization Act of 2009, Public Law 111-3, and who otherwise meet eligibility requirements of this chapter; and new text end

new text begin (2) pregnant noncitizens who are ineligible for federal financial participation because of immigration status; who are not covered by a group health plan or health insurance coverage according to Code of Federal Regulations, title 42, section 457.310; and who otherwise meet the eligibility requirements of this chapter. These individuals are eligible for medical assistance through the period of pregnancy, including labor and delivery, and 12 months postpartum. new text end

new text begin (b) new text end Citizens or nationals of the United States must cooperate in obtaining satisfactory documentary evidence of citizenship or nationality according to the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.

new text begin (c) Beginning October 1, 2003, persons who are receiving care and rehabilitation services from a nonprofit center established to serve victims of torture and who are otherwise ineligible for medical assistance under this chapter are eligible for medical assistance without federal financial participation. These individuals are eligible only for the period during which they are receiving services from the center. Individuals eligible under this paragraph are not required to participate in prepaid medical assistance. The nonprofit center referenced in this paragraph may establish itself as a provider of mental health targeted case management services through a county contract under section 256.0112, subdivision 6. If the nonprofit center is unable to secure a contract with a lead county in its service area, then, notwithstanding the requirements of section 256B.0625, subdivision 20, the commissioner may negotiate a contract with the nonprofit center for provision of mental health targeted case management services. When serving clients who are not the financial responsibility of their contracted lead county, the nonprofit center must gain the concurrence of the county of financial responsibility prior to providing mental health targeted case management services for those clients. new text end

deleted text begin (b) "Qualified noncitizen" means a person who meets one of the following immigration criteria: deleted text end

deleted text begin (1) admitted for lawful permanent residence according to United States Code, title 8; deleted text end

deleted text begin (2) admitted to the United States as a refugee according to United States Code, title 8, section 1157; deleted text end

deleted text begin (3) granted asylum according to United States Code, title 8, section 1158; deleted text end

deleted text begin (4) granted withholding of deportation according to United States Code, title 8, section 1253(h); deleted text end

deleted text begin (5) paroled for a period of at least one year according to United States Code, title 8, section 1182(d)(5); deleted text end

deleted text begin (6) granted conditional entrant status according to United States Code, title 8, section 1153(a)(7); deleted text end

deleted text begin (7) determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200; deleted text end

deleted text begin (8) is a child of a noncitizen determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill, Public Law 104-200; or deleted text end

deleted text begin (9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public Law 96-422, the Refugee Education Assistance Act of 1980. deleted text end

deleted text begin (c) All qualified noncitizens who were residing in the United States before August 22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance with federal financial participation. deleted text end

deleted text begin (d) Beginning December 1, 1996, qualified noncitizens who entered the United States on or after August 22, 1996, and who otherwise meet the eligibility requirements of this chapter are eligible for medical assistance with federal participation for five years if they meet one of the following criteria: deleted text end

deleted text begin (1) refugees admitted to the United States according to United States Code, title 8, section 1157; deleted text end

deleted text begin (2) persons granted asylum according to United States Code, title 8, section 1158; deleted text end

deleted text begin (3) persons granted withholding of deportation according to United States Code, title 8, section 1253(h); deleted text end

deleted text begin (4) veterans of the United States armed forces with an honorable discharge for a reason other than noncitizen status, their spouses and unmarried minor dependent children; or deleted text end

deleted text begin (5) persons on active duty in the United States armed forces, other than for training, their spouses and unmarried minor dependent children. deleted text end

deleted text begin Beginning July 1, 2010, children and pregnant women who are noncitizens described in paragraph (b) or who are lawfully present in the United States as defined in Code of Federal Regulations, title 8, section 103.12, and who otherwise meet eligibility requirements of this chapter, are eligible for medical assistance with federal financial participation as provided by the federal Children's Health Insurance Program Reauthorization Act of 2009, Public Law 111-3. deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end Nonimmigrants who otherwise meet the eligibility requirements of this chapter are eligible for the benefits as provided in paragraphs deleted text begin (f) deleted text end new text begin (e) new text end to deleted text begin (h) deleted text end new text begin (g) new text end . For purposes of this subdivision, a "nonimmigrant" is a person in one of the classes listed in United States Code, title 8, section 1101(a)(15).

deleted text begin (f) deleted text end new text begin (e) new text end Payment shall also be made for care and services that are furnished to noncitizens, regardless of immigration status, who otherwise meet the eligibility requirements of this chapter, if such care and services are necessary for the treatment of an emergency medical condition.

deleted text begin (g) deleted text end new text begin (f) new text end For purposes of this subdivision, the term "emergency medical condition" means a medical condition that meets the requirements of United States Code, title 42, section 1396b(v).

deleted text begin (h) deleted text end new text begin (g) new text end (1) Notwithstanding paragraph deleted text begin (g) deleted text end new text begin (f) new text end , services that are necessary for the treatment of an emergency medical condition are limited to the following:

(i) services delivered in an emergency room or by an ambulance service licensed under chapter 144E that are directly related to the treatment of an emergency medical condition;

(ii) services delivered in an inpatient hospital setting following admission from an emergency room or clinic for an acute emergency condition; and

(iii) follow-up services that are directly related to the original service provided to treat the emergency medical condition and are covered by the global payment made to the provider.

(2) Services for the treatment of emergency medical conditions do not include:

(i) services delivered in an emergency room or inpatient setting to treat a nonemergency condition;

(ii) organ transplants, stem cell transplants, and related care;

(iii) services for routine prenatal care;

(iv) continuing care, including long-term care, nursing facility services, home health care, adult day care, day training, or supportive living services;

(v) elective surgery;

(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as part of an emergency room visit;

(vii) preventative health care and family planning services;

(viii) rehabilitation services;

(ix) physical, occupational, or speech therapy;

(x) transportation services;

(xi) case management;

(xii) prosthetics, orthotics, durable medical equipment, or medical supplies;

(xiii) dental services;

(xiv) hospice care;

(xv) audiology services and hearing aids;

(xvi) podiatry services;

(xvii) chiropractic services;

(xviii) immunizations;

(xix) vision services and eyeglasses;

(xx) waiver services;

(xxi) individualized education programs; or

(xxii) substance use disorder treatment.

deleted text begin (i) Pregnant noncitizens who are ineligible for federally funded medical assistance because of immigration status, are not covered by a group health plan or health insurance coverage according to Code of Federal Regulations, title 42, section 457.310, and who otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance through the period of pregnancy, including labor and delivery, and 12 months postpartum. deleted text end

deleted text begin (j) Beginning October 1, 2003, persons who are receiving care and rehabilitation services from a nonprofit center established to serve victims of torture and are otherwise ineligible for medical assistance under this chapter are eligible for medical assistance without federal financial participation. These individuals are eligible only for the period during which they are receiving services from the center. Individuals eligible under this paragraph shall not be required to participate in prepaid medical assistance. The nonprofit center referenced under this paragraph may establish itself as a provider of mental health targeted case management services through a county contract under section 256.0112, subdivision 6. If the nonprofit center is unable to secure a contract with a lead county in its service area, then, notwithstanding the requirements of section 256B.0625, subdivision 20, the commissioner may negotiate a contract with the nonprofit center for provision of mental health targeted case management services. When serving clients who are not the financial responsibility of their contracted lead county, the nonprofit center must gain the concurrence of the county of financial responsibility prior to providing mental health targeted case management services for those clients. deleted text end

deleted text begin (k) deleted text end new text begin (h) new text end Notwithstanding paragraph deleted text begin (h) deleted text end new text begin (g) new text end , clause (2), the following services are covered as emergency medical conditions under paragraph deleted text begin (f) deleted text end new text begin (e) new text end except where coverage is prohibited under federal law for services under clauses (1) and (2):

(1) dialysis services provided in a hospital or freestanding dialysis facility;

(2) surgery and the administration of chemotherapy, radiation, and related services necessary to treat cancer if the recipient has a cancer diagnosis that is not in remission and requires surgery, chemotherapy, or radiation treatment; and

(3) kidney transplant if the person has been diagnosed with end stage renal disease, is currently receiving dialysis services, and is a potential candidate for a kidney transplant.

deleted text begin (l) deleted text end new text begin (i) new text end Effective July 1, 2013, recipients of emergency medical assistance under this subdivision are eligible for coverage of the elderly waiver services provided under chapter 256S, and coverage of rehabilitative services provided in a nursing facility. The age limit for elderly waiver services does not apply. In order to qualify for coverage, a recipient of emergency medical assistance is subject to the assessment and reassessment requirements of section 256B.0911. Initial and continued enrollment under this paragraph is subject to the limits of available funding.

Sec. 14.

Minnesota Statutes 2024, section 256B.061, is amended to read:

256B.061 ELIGIBILITY; RETROACTIVE EFFECT; RESTRICTIONS.

new text begin (a) new text end If any individual has been determined to be eligible for medical assistance new text begin and is subject to six-month eligibility redeterminations under Public Law 119-21, section 71107 new text end , deleted text begin it deleted text end new text begin medical assistance new text end will be made available for care and services included under the plan and furnished in or after the deleted text begin third deleted text end new text begin first new text end month before the month in which the individual made application for such assistance deleted text begin , deleted text end if such individual was, or upon application would have been, eligible for medical assistance at the time the care and services were furnished.

new text begin (b) If any individual has been determined to be eligible for medical assistance and is not subject to six-month eligibility redeterminations under Public Law 119-21, section 71107, medical assistance will be made available for care and services included under the plan and furnished in or after the second month before the month in which the individual made application for such assistance if such individual was, or upon application would have been, eligible for medical assistance at the time the care and services were furnished. new text end

new text begin (c) new text end The commissioner may limit, restrict, or suspend the eligibility of an individual for up to one year upon that individual's conviction of a criminal offense related to application for or receipt of medical assistance benefits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2028. new text end

Sec. 15.

Minnesota Statutes 2024, section 256B.0631, subdivision 1a, is amended to read:

Subd. 1a.

Prohibition on cost-sharing and deductibles.

deleted text begin Effective January 1, 2024 deleted text end new text begin Except for recipients eligible under section 256B.055, subdivision 15 new text end , the medical assistance benefit plan must not include cost-sharing or deductibles for any medical assistance recipient or benefit.

Sec. 16.

Minnesota Statutes 2024, section 256B.0631, is amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Cost sharing. new text end

new text begin (a) Effective for services provided on or after October 1, 2028, except as provided in subdivision 6, the medical assistance benefit plan includes the following cost sharing for recipients eligible under section 256B.055, subdivision 15, with income above 100 percent of the federal poverty level: new text end

new text begin (1) $3 per nonpreventive visit, except as provided in paragraph (c). For purposes of this subdivision, a visit means an episode of service that is required because of a recipient's symptoms, diagnosis, or established illness, and that is delivered in an ambulatory setting by a physician or physician assistant, chiropractor, podiatrist, nurse midwife, advanced practice nurse, audiologist, optician, or optometrist; new text end

new text begin (2) $3.50 for nonemergency visits to a hospital-based emergency room; and new text end

new text begin (3) $3 per brand-name drug prescription, $1 per generic drug prescription, and $1 per prescription for a brand-name multisource drug listed in preferred status on the preferred drug list, subject to a $12 maximum per month for prescription drug co-payments. No co-payments shall apply to antipsychotic drugs when used for the treatment of mental illness. new text end

new text begin (b) Cost sharing for prescription drugs and related medical supplies to treat chronic disease must comply with the requirements of section 62Q.481. new text end

new text begin (c) A person eligible for medical assistance under section 256B.055, subdivision 15, is responsible for all co-payments and deductibles in this subdivision. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 17.

Minnesota Statutes 2024, section 256B.0631, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Exceptions. new text end

new text begin Co-payments and deductibles are subject to the exceptions and limits required by Public Law 119-21, section 71120. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 18.

Minnesota Statutes 2024, section 256B.0631, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Collection. new text end

new text begin (a) The medical assistance reimbursement to the provider must be reduced by the amount of the co-payment or deductible, except that reimbursements must not be reduced: new text end

new text begin (1) once a recipient has reached the $12 maximum per month for prescription drug co-payments; or new text end

new text begin (2) for a recipient who has met the recipient's monthly five percent cost-sharing limit. new text end

new text begin (b) The provider collects the co-payment or deductible from the recipient. Providers must not deny services to recipients who are unable to pay the co-payment or deductible. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 19.

Minnesota Statutes 2025 Supplement, section 268.19, subdivision 1, is amended to read:

Subdivision 1.

Use of data.

(a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05. A subpoena is not considered a district court order. These data may be disseminated to and used by the following agencies without the consent of the subject of the data:

(1) state and federal agencies specifically authorized access to the data by state or federal law;

(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;

(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;

(4) the public authority responsible for child support in Minnesota or any other state in accordance with section 518A.83;

(5) human rights agencies within Minnesota that have enforcement powers;

(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;

(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;

(8) the Department of Labor and Industry, the Department of Commerce, and the Bureau of Criminal Apprehension for uses consistent with the administration of their duties under Minnesota law;

(9) the Department of Human Services and the Office of Inspector General and its agents within the Department of Human Services, including county fraud investigators, for investigations related to recipient or provider fraud and employees of providers when the provider is suspected of committing public assistance fraud;

(10) the Department of Human Services for the purpose of evaluating medical assistance services deleted text begin and deleted text end new text begin , new text end supporting program improvement new text begin , and administering section 256B.0562 new text end ;

(11) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department or to monitor and evaluate the statewide Minnesota family investment program and other cash assistance programs, the Supplemental Nutrition Assistance Program, and the Supplemental Nutrition Assistance Program Employment and Training program by providing data on recipients and former recipients of Supplemental Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 142E, or medical programs under chapter 256B or 256L or formerly codified under chapter 256D;

(12) local and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;

(13) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;

(14) the United States Immigration and Customs Enforcement has access to data on specific individuals and specific employers provided the specific individual or specific employer is the subject of an investigation by that agency;

(15) the Department of Health for the purposes of epidemiologic investigations;

(16) the Department of Corrections for the purposes of case planning and internal research for preprobation, probation, and postprobation employment tracking of offenders sentenced to probation and preconfinement and postconfinement employment tracking of committed offenders;

(17) the state auditor to the extent necessary to conduct audits of job opportunity building zones as required under section 469.3201;

(18) the Office of Higher Education for purposes of supporting program improvement, system evaluation, and research initiatives including the Statewide Longitudinal Education Data System;

(19) the Family and Medical Benefits Division of the Department of Employment and Economic Development to be used as necessary to administer chapter 268B; and

(20) the executive director or interim executive director of the Minnesota Secure Choice Retirement Program established under chapter 187 for the purposes of assisting with communication with employers and to verify employer compliance with chapter 187.

(b) Data on individuals and employers that are collected, maintained, or used by the department in an investigation under section 268.182 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.

(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.

Sec. 20.

new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; NOTIFICATION TO MEDICAL ASSISTANCE RECIPIENTS. new text end

new text begin By October 1, 2026, the commissioner of human services must notify medical assistance recipients who are enrolled under Minnesota Statutes, section 256B.055, subdivision 15, that they may be eligible for medical assistance under a disability determination. The notification must include information about how the recipient can request a determination of disability and an explanation about the changes to medical assistance eligibility that go into effect January 1, 2027. new text end

ARTICLE 7

MEDICAL ASSISTANCE FRAUD PREVENTION

Section 1.

Minnesota Statutes 2024, section 8.16, subdivision 1, is amended to read:

Subdivision 1.

Authority.

new text begin (a) new text end The attorney general, or any deputy, assistant, or special assistant attorney general whom the attorney general authorizes in writing, has the authority in any county of the state to subpoena and require the production of new text begin : (1) new text end any records of new text begin : (i) new text end telephone companies, cellular phone companies, new text begin and new text end paging companies deleted text begin , deleted text end new text begin ; new text end new text begin (ii) new text end subscribers of private computer networks new text begin , new text end including Internet service providers or computer bulletin board systems deleted text begin , deleted text end new text begin ; new text end new text begin (iii) new text end electric companies, gas companies, new text begin and new text end water utilities deleted text begin , deleted text end new text begin ; (iv) new text end chemical suppliers deleted text begin , deleted text end new text begin ; (v) new text end hotels and motels deleted text begin , deleted text end new text begin ; (vi) new text end pawn shops deleted text begin , deleted text end new text begin ; (vii) new text end airlines, buses, taxis, and other entities engaged in the business of transporting people deleted text begin , deleted text end new text begin ; new text end and new text begin (viii) new text end freight companies, self-service storage facilities, warehousing companies, package delivery companies, and other entities engaged in the businesses of transport, storage, or delivery deleted text begin , and deleted text end new text begin ; (2) wage and employment records relating to an investigation conducted under the attorney general's authority under section 256B.12; (3) new text end records of the existence of safe deposit box account numbers and customer savings and checking account numbers maintained by financial institutions and safe deposit companies new text begin ; (4) insurance records related to claim settlement relating to an investigation conducted under the attorney general's authority under section 256B.12; and (5) banking, credit card, and financial records, including but not limited to a safe deposit, loan and account application and agreement, signature card, statement, check, transfer, account authorization, safe deposit access record, and documentation of fraud, that belong to the subject of an investigation conducted pursuant to the attorney general's authority under section 256B.12, whether the record is held in the investigation subject's name or in another person's name new text end .

new text begin (b) new text end Subpoenas may only be issued for records that are relevant to an ongoing legitimate law enforcement investigation.

Sec. 2.

Minnesota Statutes 2025 Supplement, section 256B.12, is amended to read:

256B.12 LEGAL REPRESENTATION.

The attorney general or the appropriate county attorney appearing at the direction of the attorney general shall be the attorney for the state agency, and the county attorney of the appropriate county shall be the attorney for the county agency in all matters pertaining hereto. To prosecute under this chapter or sections deleted text begin 609.466 deleted text end new text begin 609.467 new text end ; 609.52, subdivision 2; and 609.542 or to recover payments wrongfully made under this chapter, the attorney general or the appropriate county attorney, acting independently or at the direction of the attorney general may institute a criminal or civil action.

Sec. 3.

new text begin [609.467] MEDICAL ASSISTANCE FRAUD. new text end

new text begin Subdivision 1. new text end

new text begin Medical assistance fraud prohibited. new text end

new text begin A person who does any of the following is guilty of medical assistance fraud and may be sentenced as provided in subdivision 2: new text end

new text begin (1) acting with intent to defraud, executes or participates in, or attempts or conspires to execute or participate in, a scheme or artifice to obtain, by means of any false or fraudulent pretenses, representations, or promises, or concealment of any material fact, any money or credits relating to the payment of medical assistance funds under chapter 256B; new text end

new text begin (2) acting with intent to defraud, presents, submits, tenders, offers, or participates in, or attempts or conspires to execute or participate in, the preparation of a claim for payment, claim for reimbursement, cost report, or rate application, knowing or having reason to know that any part of the claim, report, or application is ineligible for payment or reimbursement; new text end

new text begin (3) acting with intent to defraud, knowingly provides false information or intentionally omits material information as part of any enrollment application, provider agreement, or ownership and management disclosure required by any state or federal law as a medical assistance provider under chapter 245A or 256B; new text end

new text begin (4) owns, operates, manages, or exercises control over any entity receiving medical assistance money, while knowing or having reason to know that the person has been suspended or prohibited from enrolling as a medical assistance provider by any state agency or under any state law or is excluded or prohibited from enrolling as a medical assistance provider by any federal agency or under any federal law; new text end

new text begin (5) knowingly and intentionally permits another person to own, operate, manage, or exercise control over any entity receiving medical assistance money, while knowing or having reason to know the other person is suspended or prohibited from enrolling as a medical assistance provider by any state agency or under any state law or is excluded or prohibited from enrolling as a medical assistance provider by any federal agency or under any federal law; new text end

new text begin (6) falsely makes or alters any record relating to the delivery of medical assistance services so that the record purports to have been made by another person or by the maker or alterer under an assumed or fictitious name, or at another time, or with different provisions, or by the authority of a person who did not give such authority; new text end

new text begin (7) acting with intent to defraud, presents, submits, tenders, offers, or participates in, or attempts or conspires to participate in, the preparation of a claim for reimbursement for personal care assistance services under section 256B.0659 or community first services and supports under section 256B.85, knowing or having reason to know that required conditions for payment under chapter 256B were not met, including applicable service authorization, service delivery plan, documentation, training, supervision, evaluation, or other program requirements; or new text end

new text begin (8) after receiving a lawful request for records by any state agency or law enforcement agency, intentionally destroys, or attempts or conspires to destroy, medical, health care, and financial records required to be maintained under chapter 245A or 256B or rules adopted pursuant to those chapters. new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin (a) A person who is convicted under subdivision 1 may be sentenced to imprisonment for not more than ten years or to payment of not more than $20,000, or both. new text end

new text begin (b) A person who is convicted under subdivision 1 may be sentenced to imprisonment for not more than 20 years or to payment of not more than $100,000, or both, if the violation causes a loss to any victim in an aggregate amount of more than $100,000, but not more than $1,000,000. new text end

new text begin (c) A person who is convicted under subdivision 1 may be sentenced to imprisonment for not more than 30 years or to payment of not more than $1,000,000, or both, if the violation causes a loss to any victim in an aggregate amount of more than $1,000,000. new text end

new text begin Subd. 3. new text end

new text begin Failure to keep or maintain medical assistance records. new text end

new text begin A person who submits a claim for reimbursement, claim for payment, claim for reimbursement cost report, or rate application and knowingly and intentionally fails to maintain medical, health care, and financial records as required under chapter 245A or 256B or rules adopted pursuant to those chapters is guilty of a gross misdemeanor. new text end

new text begin Subd. 4. new text end

new text begin Continuing offense. new text end

new text begin For purposes of calculating the statute of limitations identified in section 628.26, any violation of subdivision 1 or 3 is a continuing offense. Any violation of subdivision 1 or 3 extends to any act committed during the course of the scheme, conspiracy, or conduct and is within the statute of limitations identified in section 628.26 so long as any part of the continuing scheme, conspiracy, or conduct comprising a violation occurred within the identified statute of limitations. new text end

new text begin Subd. 5. new text end

new text begin Venue. new text end

new text begin Notwithstanding anything to the contrary in section 627.01, a violation of this section may be prosecuted in: new text end

new text begin (1) the county where any part of the offense occurred; or new text end

new text begin (2) the county where the entity that received a claim for payment, claim for reimbursement, cost report, or rate application is located. new text end

new text begin Subd. 6. new text end

new text begin Restitution. new text end

new text begin The court may order a person convicted of violating this section to pay restitution for any costs, expenses, or losses resulting from the crime and for costs, expenses, or losses resulting from similar conduct that was related to the offense but was not charged. The court may order restitution for similar conduct that was related to the offense if the related conduct occurred within the applicable statute of limitations and the prosecutor provides notice of intent to seek restitution for that conduct at least five business days before the sentencing hearing. The offender may challenge restitution as provided in section 611A.045, subdivision 3. A dispute as to whether restitution is for similar conduct that was related to the offense must be resolved by the court by the preponderance of the evidence. The burden of demonstrating that the court may order restitution for any cost, expense, or loss described in this subdivision is on the prosecution. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to crimes committed on or after that date. new text end

Sec. 4.

Minnesota Statutes 2024, section 609.52, subdivision 2, is amended to read:

Subd. 2.

Acts constituting theft.

(a) Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:

(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property; or

(2) with or without having a legal interest in movable property, intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property; or

(3) obtains for the actor or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes without limitation:

(i) the issuance of a check, draft, or order for the payment of money, except a forged check as defined in section 609.631, or the delivery of property knowing that the actor is not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; or

(ii) a promise made with intent not to perform. Failure to perform is not evidence of intent not to perform unless corroborated by other substantial evidence; or

deleted text begin (iii) the preparation or filing of a claim for reimbursement, a rate application, or a cost report used to establish a rate or claim for payment for medical care provided to a recipient of medical assistance under chapter deleted text end deleted text begin 256B deleted text end deleted text begin , which intentionally and falsely states the costs of or actual services provided by a vendor of medical care; or deleted text end

deleted text begin (iv) deleted text end new text begin (iii) new text end the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 which intentionally and falsely states the costs of or actual treatment or supplies provided; or

deleted text begin (v) deleted text end new text begin (iv) new text end the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 for treatment or supplies that the provider knew were medically unnecessary, inappropriate, or excessive; or

(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person; or

(5) intentionally commits any of the acts listed in this subdivision but with intent to exercise temporary control only and:

(i) the control exercised manifests an indifference to the rights of the owner or the restoration of the property to the owner; or

(ii) the actor pledges or otherwise attempts to subject the property to an adverse claim; or

(iii) the actor intends to restore the property only on condition that the owner pay a reward or buy back or make other compensation; or

(6) finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to the finder's own use or to that of another not entitled thereto without first having made reasonable effort to find the owner and offer and surrender the property to the owner; or

(7) intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner; or

(8) intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the actor's own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the actor's own use or that of another person. It shall be a complete defense to any prosecution under this clause for the defendant to show that information comprising the trade secret was rightfully known or available to the defendant from a source other than the owner of the trade secret; or

(9) leases or rents personal property under a written instrument and who:

(i) with intent to place the property beyond the control of the lessor conceals or aids or abets the concealment of the property or any part thereof; or

(ii) sells, conveys, or encumbers the property or any part thereof without the written consent of the lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is subject to such lease or rental contract with intent to deprive the lessor of possession thereof; or

(iii) does not return the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the property; or

(iv) returns the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges.

For the purposes of items (iii) and (iv), the value of the property must be at least $100.

Evidence that a lessee used a false, fictitious, or not current name, address, or place of employment in obtaining the property or fails or refuses to return the property or pay the rental contract charges to lessor within five days after written demand for the return has been served personally in the manner provided for service of process of a civil action or sent by certified mail to the last known address of the lessee, whichever shall occur later, shall be evidence of intent to violate this clause. Service by certified mail shall be deemed to be complete upon deposit in the United States mail of such demand, postpaid and addressed to the person at the address for the person set forth in the lease or rental agreement, or, in the absence of the address, to the person's last known place of residence; or

(10) alters, removes, or obliterates numbers or symbols placed on movable property for purpose of identification by the owner or person who has legal custody or right to possession thereof with the intent to prevent identification, if the person who alters, removes, or obliterates the numbers or symbols is not the owner and does not have the permission of the owner to make the alteration, removal, or obliteration; or

(11) with the intent to prevent the identification of property involved, so as to deprive the rightful owner of possession thereof, alters or removes any permanent serial number, permanent distinguishing number or manufacturer's identification number on personal property or possesses, sells or buys any personal property knowing or having reason to know that the permanent serial number, permanent distinguishing number or manufacturer's identification number has been removed or altered; or

(12) intentionally deprives another of a lawful charge for cable television service by:

(i) making or using or attempting to make or use an unauthorized external connection outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or other connection; or by

(ii) attaching any unauthorized device to any cable, wire, microwave, or other component of a licensed cable communications system as defined in chapter 238. Nothing herein shall be construed to prohibit the electronic video rerecording of program material transmitted on the cable communications system by a subscriber for fair use as defined by Public Law 94-553, section 107; or

(13) except as provided in clauses (12) and (14), obtains the services of another with the intention of receiving those services without making the agreed or reasonably expected payment of money or other consideration; or

(14) intentionally deprives another of a lawful charge for telecommunications service by:

(i) making, using, or attempting to make or use an unauthorized connection whether physical, electrical, by wire, microwave, radio, or other means to a component of a local telecommunication system as provided in chapter 237; or

(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other component of a local telecommunication system as provided in chapter 237.

The existence of an unauthorized connection is prima facie evidence that the occupier of the premises:

(A) made or was aware of the connection; and

(B) was aware that the connection was unauthorized;

(15) with intent to defraud, diverts corporate property other than in accordance with general business purposes or for purposes other than those specified in the corporation's articles of incorporation; or

(16) with intent to defraud, authorizes or causes a corporation to make a distribution in violation of section 302A.551, or any other state law in conformity with it; or

(17) takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent; or

(18) intentionally, and without claim of right, takes motor fuel from a retailer without the retailer's consent and with intent to deprive the retailer permanently of possession of the fuel by driving a motor vehicle from the premises of the retailer without having paid for the fuel dispensed into the vehicle; or

(19) commits wage theft under subdivision 1, clause (13).

(b) Proof that the driver of a motor vehicle into which motor fuel was dispensed drove the vehicle from the premises of the retailer without having paid for the fuel permits the factfinder to infer that the driver acted intentionally and without claim of right, and that the driver intended to deprive the retailer permanently of possession of the fuel. This paragraph does not apply if: (1) payment has been made to the retailer within 30 days of the receipt of notice of nonpayment under section 604.15; or (2) a written notice as described in section 604.15, subdivision 4, disputing the retailer's claim, has been sent. This paragraph does not apply to the owner of a motor vehicle if the vehicle or the vehicle's license plate has been reported stolen before the theft of the fuel.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to crimes committed on or after that date. new text end

Sec. 5.

Minnesota Statutes 2025 Supplement, section 609.902, subdivision 4, is amended to read:

Subd. 4.

Criminal act.

"Criminal act" means conduct constituting, or a conspiracy or attempt to commit, a felony violation of chapter 152, or a felony violation of section 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.228; 609.235; 609.245; 609.25; 609.27; 609.322; 609.342; 609.343; 609.344; 609.345; 609.42; new text begin 609.467; new text end 609.48; 609.485; 609.495; 609.496; 609.497; 609.498; 609.52, subdivision 2, if the offense is punishable under subdivision 3, clause (1), if the property is a firearm, clause (3)(b), or clause (3)(d)(v); section 609.52, subdivision 2, paragraph (a), clause (1) or (4); 609.527, if the crime is punishable under subdivision 3, clause (4); 609.528, if the crime is punishable under subdivision 3, clause (4); 609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 609.668, subdivision 6, paragraph (a); 609.67; 609.687; 609.713; 609.86; 609.894, subdivision 3 or 4; 609.895; 624.713; 624.7191; or 626A.02, subdivision 1, if the offense is punishable under section 626A.02, subdivision 4, paragraph (a). "Criminal act" also includes conduct constituting, or a conspiracy or attempt to commit, a felony violation of section 609.52, subdivision 2, clause (3), (4), (15), or (16), if the violation involves an insurance company as defined in section 60A.02, subdivision 4, a nonprofit health service plan corporation regulated under chapter 62C, a health maintenance organization regulated under chapter 62D, deleted text begin or deleted text end a fraternal benefit society regulated under chapter 64B new text begin , or any state agency new text end .

Sec. 6.

Minnesota Statutes 2025 Supplement, section 628.26, is amended to read:

628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.

(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.

(f) Indictments or complaints for a violation of section 609.561 shall be found or made and filed in the proper court within ten years after the commission of the offense.

(g) Indictments or complaints for violation of sections deleted text begin 609.466 deleted text end new text begin 609.467 new text end and 609.52, subdivision 2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court within six years after the commission of the offense.

(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, or for violation of section 609.527 where the offense involves eight or more direct victims or the total combined loss to the direct and indirect victims is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.

(i) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609.671 shall be found or made and filed in the proper court within five years after the commission of the offense.

(j) Indictments or complaints for violation of sections 609.562 and 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.

(k) Indictments or complaints for violation of section 609.746 shall be found or made and filed in the proper court within the later of three years after the commission of the offense or three years after the offense was reported to law enforcement authorities.

(l) In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.

(m) The limitations periods contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.

(n) The limitations periods contained in this section for an offense shall not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.

(o) The limitations periods contained in this section shall not include any period of time during which physical evidence relating to the offense was undergoing DNA analysis, as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.

Sec. 7.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2024, section 609.466, new text end new text begin is repealed. new text end

ARTICLE 8

MEDICAL ASSISTANCE FRAUD PREVENTION CONFORMING CHANGES

Section 1.

Minnesota Statutes 2025 Supplement, section 145A.061, subdivision 3, is amended to read:

Subd. 3.

Denial of service.

The commissioner may deny an application from any applicant who has been convicted of any of the following crimes:

Section 609.185 (murder in the first degree); section 609.19 (murder in the second degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in the first degree); section 609.205 (manslaughter in the second degree); section 609.25 (kidnapping); section 609.2661 (murder of an unborn child in the first degree); section 609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344 (criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section 609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to engage in sexual conduct); section 609.352 (communication of sexually explicit materials to children); section 609.365 (incest); section 609.377 (felony malicious punishment of a child); section 609.378 (felony neglect or endangerment of a child); section 609.561 (arson in the first degree); section 609.562 (arson in the second degree); section 609.563 (arson in the third degree); section 609.749, subdivision 3, 4, or 5 (felony harassment or stalking); section 152.021 (controlled substance crimes in the first degree); section 152.022 (controlled substance crimes in the second degree); section 152.023 (controlled substance crimes in the third degree); section 152.024 (controlled substance crimes in the fourth degree); section 152.025 (controlled substance crimes in the fifth degree); section 243.166 (violation of predatory offender registration law); section 617.23, subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving a minor); section 617.246 (use of minors in sexual performance); section 617.247 (possession of child sexual abuse material); section 609.221 (assault in the first degree); section 609.222 (assault in the second degree); section 609.223 (assault in the third degree); section 609.2231 (assault in the fourth degree); section 609.224 (assault in the fifth degree); section 609.2242 (domestic assault); section 609.2247 (domestic assault by strangulation); section 609.228 (great bodily harm caused by distribution of drugs); section 609.23 (mistreatment of persons confined); section 609.231 (mistreatment of residents or patients); section 609.2325 (criminal abuse); section 609.233 (criminal neglect); section 609.2335 (financial exploitation of a vulnerable adult); section 609.234 (failure to report); section 609.24 (simple robbery); section 609.245 (aggravated robbery); section 609.247 (carjacking); section 609.255 (false imprisonment); section 609.322 (solicitation, inducement, and promotion of prostitution and sex trafficking); section 609.324, subdivision 1 (hiring or engaging minors in prostitution); section 609.465 (presenting false claims to a public officer or body); new text begin Minnesota Statutes 2024, new text end section 609.466 new text begin or section 609.467 new text end (medical assistance fraud); section 609.52 (felony theft); section 609.82 (felony fraud in obtaining credit); section 609.527 (felony identity theft); section 609.582 (felony burglary); section 609.611 (felony insurance fraud); section 609.625 (aggravated forgery); section 609.63 (forgery); section 609.631 (felony check forgery); section 609.66, subdivision 1e (felony drive-by shooting); section 609.71 (felony riot); section 609.713 (terroristic threats); section 609.72, subdivision 3 (disorderly conduct by a caregiver against a vulnerable adult); section 609.821 (felony financial transaction card fraud); section 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); or aiding and abetting, attempting, or conspiring to commit any of the offenses in this subdivision.

Sec. 2.

Minnesota Statutes 2024, section 214.10, subdivision 2a, is amended to read:

Subd. 2a.

Proceedings.

A board shall initiate proceedings to suspend or revoke a license or shall refuse to renew a license of a person licensed by the board who is convicted in a court of competent jurisdiction of violating section 609.2231, subdivision 8, 609.23, 609.231, 609.2325, 609.233, 609.2335, 609.234, 609.465, new text begin Minnesota Statutes 2024, section new text end 609.466, new text begin section 609.467, new text end 609.52, or 609.72, subdivision 3.

Sec. 3.

Minnesota Statutes 2024, section 245C.15, subdivision 2, is amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section 245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a felony-level violation of any of the following offenses: sections 152.021, subdivision 1 or 2b, (aggravated controlled substance crime in the first degree; sale crimes); 152.022, subdivision 1 (controlled substance crime in the second degree; sale crimes); 152.023, subdivision 1 (controlled substance crime in the third degree; sale crimes); 152.024, subdivision 1 (controlled substance crime in the fourth degree; sale crimes); 256.98 (wrongfully obtaining assistance); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 518B.01, subdivision 14 (violation of an order for protection); 609.165 (felon ineligible to possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.247, subdivision 4 (carjacking in the third degree); 609.255 (false imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275 (attempt to coerce); new text begin Minnesota Statutes 2024, section new text end 609.466 new text begin or section 609.467 new text end (medical assistance fraud); 609.495 (aiding an offender); 609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.522 (organized retail theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.746 (interference with privacy); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat offenses under 617.241 (obscene materials and performances; distribution and exhibition prohibited; penalty); or 624.713 (certain persons not to possess firearms).

(b) An individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than 15 years has passed since the termination of the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or subdivision 3.

(d) An individual is disqualified under section 245C.14 if less than 15 years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of the offenses listed in paragraph (a) or since the termination of parental rights in any other state or country, the elements of which are substantially similar to the elements listed in paragraph (c).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is disqualified but the disqualification look-back period for the offense is the period applicable to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 4.

Minnesota Statutes 2024, section 245C.15, subdivision 3, is amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section 245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a gross misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 260B.425 (criminal jurisdiction for contributing to status as a juvenile petty offender or delinquency); 260C.425 (criminal jurisdiction for contributing to need for protection or services); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or 609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); new text begin Minnesota Statutes 2024, section new text end 609.466 new text begin or section 609.467 new text end (medical assistance fraud); 609.52 (theft); 609.522 (organized retail theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); 609.749, subdivision 2 (harassment); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.241 (obscene materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful materials; dissemination and display to minors prohibited); or Minnesota Statutes 2012, section 609.21; or violation of an order for protection under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if less than ten years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraph (a).

(d) If the individual studied commits one of the offenses listed in paragraph (a), but the sentence or level of offense is a misdemeanor disposition, the individual is disqualified but the disqualification lookback period for the offense is the period applicable to misdemeanors.

(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 5.

Minnesota Statutes 2024, section 245C.15, subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 260B.425 (criminal jurisdiction for contributing to status as a juvenile petty offender or delinquency); 260C.425 (criminal jurisdiction for contributing to need for protection or services); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation of an order for protection under 609.3232 (protective order authorized; procedures; penalties); new text begin Minnesota Statutes 2024, section new text end 609.466 new text begin or section 609.467 new text end (medical assistance fraud); 609.52 (theft); 609.522 (organized retail theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination and display to minors prohibited); or Minnesota Statutes 2012, section 609.21; or violation of an order for protection under section 518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 260E.06 or 626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.557 or chapter 260E was substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other state, the elements of which are substantially similar to the elements of maltreatment under section 626.557 or chapter 260E for which: (i) there is a preponderance of evidence that the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(f) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual was disqualified under section 256.98, subdivision 8.

Sec. 6.

Minnesota Statutes 2025 Supplement, section 609.531, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given.

(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District Department of Public Safety, the Department of Natural Resources Division of Enforcement, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a multijurisdictional entity established under section 299A.642 or 299A.681.

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter, chapter 152 or 624;

(2) for driver's license or identification card transactions: any violation of section 171.22; and

(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.247; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i); 609.344, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; new text begin Minnesota Statutes 2024, section new text end 609.466; new text begin section 609.467; new text end 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.

(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.

(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle in the transportation or exchange of a controlled substance intended for distribution or sale, claiming an ownership interest in a vehicle that has been seized or restrained under this section.

Sec. 7.

Laws 2026, chapter 88, article 1, section 181, is amended to read:

Sec. 181.

Minnesota Statutes 2025 Supplement, section 299C.061, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Fraud involving state funded or administered programs or services" includes any violation of section 609.445, 609.465, new text begin Minnesota Statutes 2024, section new text end 609.466, new text begin section 609.467, new text end 609.52, 609.611, 609.651, 609.7475, or 609.821 involving a state agency or state-funded or administered program or service.

(c) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph (c).

(d) "Section" means the Financial Crimes and Fraud Section of the Bureau of Criminal Apprehension.

(e) "State agency" has the meaning given in section 13.02, subdivision 17.

(f) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.

ARTICLE 9

CHILDREN, YOUTH, AND FAMILIES POLICY

Section 1.

Minnesota Statutes 2024, section 124D.19, is amended by adding a subdivision to read:

new text begin Subd. 13a. new text end

new text begin School-age care programs; priority for children in foster care. new text end

new text begin Each district operating a school-age care, youth after-school enrichment, or other before- and after-school community education program under this section must ensure that children in foster care, as defined under section 260C.007, subdivision 18, or in a voluntary or involuntary foster care placement under the Minnesota Indian Family Preservation Act receive priority for enrollment in community education programs. In order to give a child priority under this paragraph, the district may require a letter or other documentation from a responsible social services agency or child-placing agency verifying that the child is in foster care. new text end

Sec. 2.

Minnesota Statutes 2024, section 142A.43, is amended to read:

142A.43 deleted text begin GRANTS-IN-AID deleted text end new text begin GRANTS new text end TO YOUTH INTERVENTION PROGRAMS.

Subdivision 1.

Grants.

new text begin (a) new text end The commissioner deleted text begin may deleted text end new text begin must new text end make grants to nonprofit agencies administering youth intervention programs in communities where the programs are or may be established. new text begin Grants under this section are limited to available appropriations. No grant may exceed $75,000. new text end

new text begin (b) new text end "Youth intervention program" means a nonresidential community-based program providing advocacy, education, counseling, mentoring, and referral services to youth and their families experiencing personal, familial, school, legal, or chemical problems with the goal of resolving the present problems and preventing the occurrence of the problems in the future. The intent of the youth intervention program is to provide an ongoing stable funding source to community-based early intervention programs for youth. Program design may be different for the grantees depending on youth service needs of the communities being served.

new text begin (c) A grant under this section is contingent upon the agency obtaining local matching money equal to the amount of the grant from the community in which the youth intervention program is established. The matching requirement is intended to leverage the investment of state and community money in supporting the efforts of the grantees to provide early intervention services to youth and their families. new text end

Subd. 2.

Applications.

Applications for a deleted text begin grant-in-aid shall deleted text end new text begin grant must new text end be deleted text begin made deleted text end new text begin submitted new text end by the administering agency to the commissioner. new text begin The commissioner must provide the application form, procedures for submitting application forms, criteria for review of the application, and a description of the kinds of contributions in addition to cash that qualify as local matching money. new text end

deleted text begin The grant-in-aid is contingent upon the agency having obtained from the community in which the youth intervention program is established local matching money equal to the amount of the grant that is sought. The matching requirement is intended to leverage the investment of state and community dollars in supporting the efforts of the grantees to provide early intervention services to youth and their families. deleted text end

deleted text begin The commissioner shall provide the application form, procedures for making application form, criteria for review of the application, and kinds of contributions in addition to cash that qualify as local matching money. No grant to any agency may exceed $75,000. deleted text end

Subd. 3.

deleted text begin Grant allocation formula deleted text end new text begin Youth Intervention Programs Association grant new text end .

Up to deleted text begin five deleted text end new text begin six new text end percent of the deleted text begin appropriations to the grants-in-aid to the youth intervention program may deleted text end new text begin appropriation for grants under this section must new text end be used for a grant to the Minnesota Youth Intervention Programs Association for deleted text begin expenses in deleted text end providing collaboration, program development, professional development training, technical assistance, new text begin and new text end tracking, deleted text begin and deleted text end analyzing new text begin , new text end and reporting outcome data for the community-based grantees of the program. The Minnesota Youth Intervention Programs Association is not required to meet the deleted text begin match obligation deleted text end new text begin matching requirement new text end under subdivision deleted text begin 2 deleted text end new text begin 1, paragraph (c) new text end .

Subd. 4.

Report.

On or before March 31 of each year, the Minnesota Youth Intervention Programs Association shall report to the chairs and ranking minority members of the committees and divisions with jurisdiction over deleted text begin public safety policy and finance deleted text end new text begin children and youth new text end on the implementation, use, and administration of the grant program deleted text begin created deleted text end under this section. The report shall include information sent by agencies administering youth intervention programs to the Minnesota Youth Intervention Programs Association deleted text begin and the Office of Justice Programs deleted text end . At a minimum, the report must identify:

(1) the grant recipients;

(2) the geographic location of the grant recipients;

(3) the total number of individuals served by all grant recipients, disaggregated by race, ethnicity, and gender;

(4) the total number of individuals served by all grant recipients who successfully completed programming, disaggregated by age, race, ethnicity, and gender;

(5) the total amount of money awarded in grants and the total amount remaining to be awarded from each appropriation;

(6) the amount of money granted to each recipient;

(7) deleted text begin grantee deleted text end new text begin grant recipient new text end workplan objectives;

(8) how the grant was used based on deleted text begin grantee deleted text end new text begin grant recipient new text end quarterly narrative reports and financial reports; and

(9) summarized relevant youth intervention program outcome survey data measuring the developmental assets of participants, based on Search Institute's Developmental Assets Framework.

deleted text begin Subd. 5. deleted text end

deleted text begin Administrative costs. deleted text end

deleted text begin The commissioner may use up to ten percent of the biennial appropriation for grants-in-aid to the youth intervention program to pay costs incurred by the department in administering the youth intervention program. deleted text end

Sec. 3.

Minnesota Statutes 2024, section 142B.10, subdivision 18, is amended to read:

Subd. 18.

Adoption agency; additional requirements.

In addition to the other requirements of this section, an individual or organization applying for a license to place children for adoption must:

(1) incorporate as a nonprofit corporation under chapter 317A new text begin or a nonprofit limited liability company under chapter 322C new text end ;

(2) file with the application for licensure a copy of the disclosure form required under section 259.37, subdivision 2;

(3) provide evidence that a bond has been obtained and will be continuously maintained throughout the entire operating period of the agency, to cover the cost of transfer of records to and storage of records by the agency which has agreed, according to rule established by the commissioner, to receive the applicant agency's records if the applicant agency voluntarily or involuntarily ceases operation and fails to provide for proper transfer of the records. The bond must be made in favor of the agency which has agreed to receive the records; and

(4) submit a financial review completed by an accountant to the commissioner each year the license is renewed as required under section 142B.05, subdivision 1.

Sec. 4.

Minnesota Statutes 2024, section 142B.30, is amended by adding a subdivision to read:

new text begin Subd. 9a. new text end

new text begin Child foster care licensing agency information to applicants. new text end

new text begin In addition to the requirements in Minnesota Rules, part 9543.0040, subpart 1, the licensing agency must provide information to child foster care license applicants on the background study process and the procedure for reconsideration of a background study disqualification. new text end

Sec. 5.

Minnesota Statutes 2024, section 142B.65, subdivision 7, is amended to read:

Subd. 7.

Abusive head trauma training.

(a) Before caring for children under school age, the director, staff persons, substitutes, and unsupervised volunteers must receive training on the risk of abusive head trauma during orientation and each calendar year thereafter.

(b) Abusive head trauma training under this subdivision must be at least one-half hour in length. At a minimum, the training must address the risk factors related to shaking infants and young children, means to reduce the risk of abusive head trauma in child care, and license holder communication with parents regarding reducing the risk of abusive head trauma. new text begin The training must be interactive and not only consist of reading or viewing information. new text end

(c) Except if completed during orientation, training taken under this subdivision may be used to meet the in-service training requirements under subdivision 9.

(d) The commissioner shall make available for viewing a video presentation on the dangers associated with shaking infants and young children, which may be used in conjunction with the annual training required under paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 6.

Minnesota Statutes 2024, section 142B.70, subdivision 6, is amended to read:

Subd. 6.

Sudden unexpected infant death and abusive head trauma training.

(a) License holders must ensure and document that before the license holder, second adult caregivers, substitutes, and helpers assist in the care of infants, they are instructed on the standards in section 142B.46 and receive training on reducing the risk of sudden unexpected infant death. In addition, license holders must ensure and document that before the license holder, second adult caregivers, substitutes, and helpers assist in the care of infants and children under school age, they receive training on reducing the risk of abusive head trauma from shaking infants and young children. The training in this subdivision may be provided as initial training under subdivision 1 or ongoing annual training under subdivision 8.

(b) Sudden unexpected infant death reduction training required under this subdivision must, at a minimum, address the risk factors related to sudden unexpected infant death, means of reducing the risk of sudden unexpected infant death in child care, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death.

(c) Abusive head trauma training required under this subdivision must, at a minimum, address the risk factors related to shaking infants and young children, means of reducing the risk of abusive head trauma in child care, and license holder communication with parents regarding reducing the risk of abusive head trauma. new text begin The training must be interactive and not only consist of reading or viewing information. new text end

(d) Training for family and group family child care providers must be developed by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved by the Minnesota Center for Professional Development. Sudden unexpected infant death reduction training and abusive head trauma training may be provided in a single course of no more than two hours in length.

(e) Sudden unexpected infant death reduction training and abusive head trauma training required under this subdivision must be completed in person deleted text begin or as allowed under subdivision 11, clause (1) or (2), at least once every two years. On the years when the individual receiving training is not receiving training in person or as allowed under subdivision 11, clause (1) or (2), the individual receiving training in accordance with this subdivision must receive sudden unexpected infant death reduction training and abusive head trauma training through a video of no more than one hour in length. The video must be developed or approved by the commissioner deleted text end new text begin or online each calendar year new text end .

(f) An individual who is related to the license holder as defined in section 142B.01, subdivision 15, and who is involved only in the care of the license holder's own infant or child under school age and who is not designated to be a second adult caregiver, helper, or substitute for the licensed program, is exempt from the sudden unexpected infant death and abusive head trauma training.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 7.

Minnesota Statutes 2024, section 142C.12, subdivision 3, is amended to read:

Subd. 3.

Abusive head trauma.

A certified center that cares for a child under school age must ensure that the director and all staff persons, including substitutes and unsupervised volunteers, receive training on abusive head trauma before assisting in the care of a child under school age. new text begin The training must be interactive and not only consist of reading or viewing information. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 8.

Minnesota Statutes 2024, section 142D.05, subdivision 8, is amended to read:

Subd. 8.

Eligibility.

new text begin (a) new text end A child is eligible to participate in a school readiness program if the child:

(1) is at least three years old on September 1;

(2) has completed health and developmental screening within 90 days of program enrollment under sections 142D.09 to 142D.093; and

(3) has one or more of the following risk factors:

(i) qualifies for free or reduced-price meals;

(ii) is an English learner;

(iii) is homeless;

(iv) has an individualized education program (IEP) or standardized written plan;

(v) is identified, through health and developmental screenings under sections 142D.09 to 142D.093, with a potential risk factor that may influence learning; deleted text begin or deleted text end

(vi) new text begin is in foster care; or new text end

new text begin (vii) new text end is defined as at risk by the school district.

new text begin (b) The commissioner may require a letter or other documentation from a responsible social services agency or child-placing agency for a child eligible under paragraph (a), clause (3), item (vi), verifying that the child is in foster care, as defined in section 260C.007, subdivision 18, or in a voluntary or involuntary foster care placement under the Minnesota Indian Family Preservation Act. The commissioner must process a verification letter or other documentation within five business days of receiving the letter or documentation. new text end

Sec. 9.

new text begin [142D.095] PRESCHOOL ASSESSMENT. new text end

new text begin (a) For programs serving children under section 142D.08, the commissioner of children, youth, and families must implement a preschool assessment of children's development in the year prior to kindergarten entry that is: new text end

new text begin (1) aligned to the state early childhood indicators of progress and based on the criteria for an early learning assessment approved by the commissioner; and new text end

new text begin (2) based in part on information collected from teachers, early learning professionals, families, and other partners. new text end

new text begin (b) The commissioner must evaluate and approve assessment tools that meet the requirements in paragraph (a). School districts and charter schools operating a program under section 142D.08 must choose an assessment tool approved under this paragraph. new text end

new text begin (c) The commissioner may provide technical assistance and professional development related to the assessment to educators, school districts, and charter schools. new text end

Sec. 10.

Minnesota Statutes 2024, section 142D.21, subdivision 6, is amended to read:

Subd. 6.

Payments.

(a) The commissioner shall provide payments under this section to all eligible programs on a noncompetitive basis. The payment amounts shall be based on the number of full-time equivalent staff who regularly care for children in the program, including any employees, sole proprietors, or independent contractors.

(b) For purposes of this section, "one full-time equivalent" is defined as an individual caring for children 32 hours per week new text begin , including associated required paid break time new text end . An individual can count as more or less than one full-time equivalent staff, but as no more than two full-time equivalent staff.

(c) The commissioner must establish an amount to award per full-time equivalent individual who regularly cares for children in the program.

(d) Payments must be increased by ten percent for programs receiving child care assistance payments under section 142E.08 or 142E.17 or early learning scholarships under section 142D.25, or for programs located in a child care access equity area. The commissioner must develop a method for establishing child care access equity areas. For purposes of this section, "child care access equity area" means an area with low access to child care, high poverty rates, high unemployment rates, low homeownership rates, and low median household incomes.

(e) The commissioner shall establish the form, frequency, and manner for making payments under this section.

Sec. 11.

Minnesota Statutes 2024, section 142D.25, subdivision 3, is amended to read:

Subd. 3.

Applications; priorities.

(a) The commissioner shall establish application timelines and determine the schedule for awarding scholarships that meet the operational needs of eligible families and programs.

(b) The commissioner must give highest priority new text begin on an equal basis new text end to applications from children who:

(1) are not yet four years of age;

(2) have a parent under age 21 who is pursuing a high school diploma or a course of study for a high school equivalency test;

(3) are in foster care;

(4) have been referred as in need of child protection services;

(5) have an incarcerated parent;

(6) are in or have a parent in a substance use treatment program;

(7) are in or have a parent in a mental health treatment program;

(8) have experienced domestic violence;

(9) have an individualized education program or individualized family service plan; or

(10) have experienced homelessness in the last 24 months, as defined under the federal McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 1143a.

(c) Notwithstanding paragraph (b), beginning July 1, 2025, the commissioner must give highest priority to applications from children in families with income equal to or less than the rate specified under subdivision 2, paragraph (a), clause (1), item (i), and within this group must prioritize children who meet one or more of the criteria listed in paragraph (b).

(d) The commissioner may prioritize applications on additional factors, including but not limited to availability of funding, family income, geographic location, and whether the child's family is on a waiting list for a publicly funded program providing early education or child care services.

new text begin (e) The commissioner may require a letter or other documentation from a responsible social services agency or child-placing agency for a child receiving priority as a child in foster care verifying that the child is in foster care, as defined in section 260C.007, subdivision 18, or in a voluntary or involuntary foster care placement under the Minnesota Indian Family Preservation Act. The commissioner must process a verification letter or other documentation within five business days of receiving the letter or documentation. new text end

Sec. 12.

Minnesota Statutes 2024, section 142E.04, subdivision 4, is amended to read:

Subd. 4.

Funding priorities.

(a) In the event that inadequate funding necessitates the use of waiting lists, priority for child care assistance under the basic sliding fee assistance program shall be determined according to this subdivision.

(b) First priority must be given to eligible non-MFIP families who do not have a high school diploma or commissioner of education-selected high school equivalency certification or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 142E.01, subdivision 26. Within this priority, the following subpriorities must be used:

(1) child care needs of minor parents;

(2) child care needs of parents under 21 years of age; and

(3) child care needs of other parents within the priority group described in this paragraph.

(c) Second priority must be given to families in which at least one parent is a veteran, as defined under section 197.447.

(d) Third new text begin priority must be given to eligible foster parents providing care to a child placed in a family foster home under section 260C.007, subdivision 16b; eligible relative custodians to whom permanent legal and physical custody of a child has been transferred pursuant to section 260C.515, subdivision 4; or eligible individuals with whom an Indian child has been placed under section 260.773. new text end

new text begin (e) Fourth new text end priority must be given to eligible families who do not meet the specifications of paragraph (b), (c), deleted text begin (e) deleted text end new text begin (d), (f) new text end , or deleted text begin (f) deleted text end new text begin (g) new text end .

deleted text begin (e) Fourth deleted text end new text begin (f) Fifth new text end priority must be given to families who are eligible for portable basic sliding fee assistance through the portability pool under subdivision 10.

deleted text begin (f) Fifth deleted text end new text begin (g) Sixth new text end priority must be given to eligible families receiving services under section 142E.01, subdivision 27, if the parents have completed their MFIP transition year.

deleted text begin (g) deleted text end new text begin (h) new text end Families under paragraph deleted text begin (f) deleted text end new text begin (g) new text end must be added to the basic sliding fee waiting list on the date they complete their transition year under section 142E.01, subdivision 28.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 13.

Minnesota Statutes 2024, section 245C.04, subdivision 1, is amended to read:

Subdivision 1.

Licensed programs; other child care programs.

(a) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, including a child care background study subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed child care center, certified license-exempt child care center, or legal nonlicensed child care provider, on a schedule determined by the commissioner. Except as provided in section 245C.05, subdivision 5a, a child care background study must include submission of fingerprints for a national criminal history record check and a review of the information under section 245C.08. A background study for a child care program must be repeated within five years from the most recent study conducted under this paragraph.

(c) deleted text begin At reauthorization or deleted text end When a new background study is needed under section 142E.16, subdivision 2, for a legal nonlicensed child care provider authorized under chapter 142E:

(1) for a background study affiliated with a legal nonlicensed child care provider, the individual shall provide information required under section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the commissioner and be fingerprinted and photographed under section 245C.05, subdivision 5; and

(2) the commissioner shall verify the information received under clause (1) and submit the request in NETStudy 2.0 to complete the background study.

(d) At reapplication for a family child care license:

(1) for a background study affiliated with a licensed family child care center, the individual shall provide information required under section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be fingerprinted and photographed under section 245C.05, subdivision 5;

(2) the county agency shall verify the information received under clause (1) and forward the information to the commissioner and submit the request in NETStudy 2.0 to complete the background study; and

(3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08.

(e) The commissioner is not required to conduct a study of an individual at the time of reapplication for a license if the individual's background study was completed by the commissioner of human services and the following conditions are met:

(1) a study of the individual was conducted either at the time of initial licensure or when the individual became affiliated with the license holder;

(2) the individual has been continuously affiliated with the license holder since the last study was conducted; and

(3) the last study of the individual was conducted on or after October 1, 1995.

(f) The commissioner of human services shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with a child foster family setting license holder:

(1) the county or private agency shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1 and 5, when the child foster family setting applicant or license holder resides in the home where child foster care services are provided; and

(2) the background study conducted by the commissioner of human services under this paragraph must include a review of the information required under section 245C.08, subdivisions 1, 3, and 4.

(g) The commissioner shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with an adult foster care or family adult day services and with a family child care license holder or a legal nonlicensed child care provider authorized under chapter 142E and:

(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and forward to the commissioner the information required under section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraph (b), for background studies conducted by the commissioner for all family adult day services, for adult foster care when the adult foster care license holder resides in the adult foster care residence, and for family child care and legal nonlicensed child care authorized under chapter 142E;

(2) the license holder shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for adult foster care when the license holder does not reside in the adult foster care residence; and

(3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08, subdivision 1, paragraph (a), and subdivisions 3 and 4.

(h) Applicants for licensure, license holders, and other entities as provided in this chapter must submit completed background study requests to the commissioner using the electronic system known as NETStudy before individuals specified in section 245C.03, subdivision 1, begin positions allowing direct contact in any licensed program.

(i) For an individual who is not on the entity's active roster, the entity must initiate a new background study through NETStudy when:

(1) an individual returns to a position requiring a background study following an absence of 120 or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for 120 or more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to the commissioner under this paragraph in the program's files. If the individual's disqualification was previously set aside for the license holder's program and the new background study results in no new information that indicates the individual may pose a risk of harm to persons receiving services from the license holder, the previous set-aside shall remain in effect.

(j) For purposes of this section, a physician licensed under chapter 147, advanced practice registered nurse licensed under chapter 148, or physician assistant licensed under chapter 147A is considered to be continuously affiliated upon the license holder's receipt from the commissioner of health or human services of the physician's, advanced practice registered nurse's, or physician assistant's background study results.

(k) For purposes of family child care, a substitute caregiver must receive repeat background studies at the time of each license renewal.

(l) A repeat background study at the time of license renewal is not required if the family child care substitute caregiver's background study was completed by the commissioner on or after October 1, 2017, and the substitute caregiver is on the license holder's active roster in NETStudy 2.0.

(m) Before and after school programs authorized under chapter 142E, are exempt from the background study requirements under section 123B.03, for an employee for whom a background study under this chapter has been completed.

Sec. 14.

Minnesota Statutes 2024, section 256B.055, subdivision 17, is amended to read:

Subd. 17.

Adults who were in foster care at the age of 18, 19, or 20.

(a) Medical assistance may be paid for a person under 26 years of age who was in foster care under the commissioner's responsibility on the date of attaining 18, 19, or 20 years of age new text begin or receiving foster care benefits past 18 years of age under section 260C.451 new text end , and who was enrolled in medical assistance under the state plan or a waiver of the plan while in foster care, in accordance with section 2004 of the Affordable Care Act.

(b) Medical assistance may be paid for a person under 26 years of age who was in foster care and enrolled in any state's Medicaid program as provided by Public Law 115-271, section 1002.

(c) The commissioner deleted text begin shall deleted text end new text begin must new text end seek federal waiver approval under United States Code, title 42, section 1315, to include youth who were in a state's foster care program and who turned age 18 prior to January 1, 2023, without regard to potential eligibility under a Medicaid mandatory group.

Sec. 15.

Minnesota Statutes 2024, section 259.83, subdivision 1, as amended by Laws 2026, chapter 88, article 1, section 159, is amended to read:

Subdivision 1.

Services provided.

(a) Agencies deleted text begin shall deleted text end new text begin must new text end provide assistance and counseling services upon receiving a request for current information from adoptive parents, birth parents, adopted persons aged 18 years of age and older, or adult siblings of adopted persons. The agency deleted text begin shall deleted text end new text begin must new text end contact the other adult persons or the adoptive parents of a minor child in a personal and confidential manner to determine whether there is a desire to receive or share information or to have contact. If there is such a desire, the agency deleted text begin shall deleted text end new text begin must new text end provide the services requested. The agency deleted text begin shall deleted text end new text begin must new text end complete the search request within six months of the request being made. If the agency is unable to complete the search request within the specified time frame, the agency deleted text begin shall deleted text end new text begin must new text end inform the requester of the status of the request and include a reasonable estimate of when the request can be completed.

(b) Upon a request for assistance or services from an adoptive parent of a minor child, birth parent, or an adopted person 18 years of age or older, the agency must inform the person:

(1) about the right of an adopted person to request and obtain a copy of the adopted person's original birth record at the age and circumstances specified in section 144.2252; and

(2) about the right of the birth parent named on the adopted person's original birth record to file a contact preference form with the state registrar pursuant to section 144.2253.

When making or supervising an adoptive placement, the agency must provide in writing to the birth parents listed on the original birth record the information required under this paragraph and section 259.37, subdivision 2, clause (7).

Sec. 16.

Minnesota Statutes 2024, section 260.67, subdivision 1, is amended to read:

Subdivision 1.

Preference for permanency placement with a relative.

Consistent with section 260C.513, if an African American or disproportionately represented child cannot be returned to the child's parent, permanency placement with a relative is preferred. The court deleted text begin shall deleted text end new text begin must new text end consider the requirements of and responsibilities under section 260.012, paragraph (a), and, if possible and if requirements under section 260C.515, subdivision 4, are met, transfer permanent legal and physical custody of the child to:

(1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot return to the care of the parent or custodian from whom the child was removed or who had legal custody at the time that the child was placed in foster care; or

(2) a willing and able relative, according to the requirements of section 260C.515, subdivision 4. When the responsible social services agency is the petitioner, prior to the court ordering a transfer of permanent legal and physical custody to a relative, the responsible social services agency must inform the relative of Northstar kinship assistance benefits and eligibility requirements and of the relative's ability to apply for benefits on behalf of the child under deleted text begin chapter deleted text end deleted text begin 256N deleted text end new text begin sections 142A.60 to 142A.612 new text end .

Sec. 17.

Minnesota Statutes 2024, section 260C.190, subdivision 1, is amended to read:

Subdivision 1.

Placement.

(a) An agency with legal responsibility for a child under section 260C.178, subdivision 1, paragraph (c), or legal custody of a child under section 260C.201, subdivision 1, paragraph (a), clause deleted text begin (3) deleted text end new text begin (2) new text end , may colocate a child with a parent who is receiving services in a licensed residential family-based substance use disorder treatment program for up to 12 months.

(b) During the child's placement under paragraph (a), the agency: (1) may visit the child as the agency deems necessary and appropriate; (2) deleted text begin shall deleted text end new text begin must new text end continue to have access to information under section 260C.208; and (3) deleted text begin shall deleted text end new text begin must new text end continue to provide appropriate services to both the parent and the child.

(c) The agency may terminate the child's placement under paragraph (a) to protect the child's health, safety, or welfare and may remove the child to foster care without a prior court order or authorization.

Sec. 18.

Minnesota Statutes 2024, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan shall be prepared within 30 days after any child is placed in foster care by court order or a voluntary placement agreement between the responsible social services agency and the child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document individualized to the needs of the child and the child's parents or guardians that is prepared by the responsible social services agency jointly with the child's parents or guardians and in consultation with the child's guardian ad litem; the child's tribe, if the child is an Indian child; the child's foster parent or representative of the foster care facility; and, when appropriate, the child. When a child is age 14 or older, the child may include two other individuals on the team preparing the child's out-of-home placement plan. The child may select one member of the case planning team to be designated as the child's advisor and to advocate with respect to the application of the reasonable and prudent parenting standards. The responsible social services agency may reject an individual selected by the child if the agency has good cause to believe that the individual would not act in the best interest of the child. For a child in voluntary foster care for treatment under chapter 260D, preparation of the out-of-home placement plan shall additionally include the child's mental health treatment provider. For a child 18 years of age or older, the responsible social services agency shall involve the child and the child's parents as appropriate. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section 260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, a representative of the child's tribe, the responsible social services agency, and, if possible, the child.

(c) The out-of-home placement plan shall be explained by the responsible social services agency to all persons involved in the plan's implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the out-of-home placement plan is designed to achieve a safe placement for the child in the least restrictive, most family-like setting available that is in close proximity to the home of the child's parents or guardians when the case plan goal is reunification; and how the placement is consistent with the best interests and special needs of the child according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when reunification is the plan, a description of the problems or conditions in the home of the parent or parents that necessitated removal of the child from home and the changes the parent or parents must make for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate or correct the problems or conditions identified in clause (2), and the time period during which the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to achieve a safe and stable home for the child including social and other supportive services to be provided or offered to the parent or parents or guardian of the child, the child, and the residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the child's parent, guardian, foster parent, or custodian since the date of the child's placement in the residential facility, and whether those services or resources were provided and if not, the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined in section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not placed together in foster care, and whether visitation is consistent with the best interest of the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of steps to finalize adoption as the permanency plan for the child through reasonable efforts to place the child for adoption pursuant to section 260C.605. At a minimum, the documentation must include consideration of whether adoption is in the best interests of the child and child-specific recruitment efforts such as a relative search, consideration of relatives for adoptive placement, and the use of state, regional, and national adoption exchanges to facilitate orderly and timely placements in and outside of the state. A copy of this documentation shall be provided to the court in the review required under section 260C.317, subdivision 3, paragraph (b);

(7) when a child cannot return to or be in the care of either parent, documentation of steps to finalize the transfer of permanent legal and physical custody to a relative as the permanency plan for the child. This documentation must support the requirements of the kinship placement agreement under section 142A.605 and must include the reasonable efforts used to determine that it is not appropriate for the child to return home or be adopted, and reasons why permanent placement with a relative through a Northstar kinship assistance arrangement is in the child's best interest; how the child meets the eligibility requirements for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's relative foster parent and reasons why the relative foster parent chose not to pursue adoption, if applicable; and agency efforts to discuss with the child's parent or parents the permanent transfer of permanent legal and physical custody or the reasons why these efforts were not made;

(8) efforts to ensure the child's educational stability while in foster care for a child deleted text begin who attained the minimum age for deleted text end new text begin subject to new text end compulsory school attendance under deleted text begin state law deleted text end new text begin section 120A.22 new text end and is enrolled full time in elementary or secondary school, or instructed in elementary or secondary education at home, or instructed in an independent study elementary or secondary program, or incapable of attending school on a full-time basis due to a medical condition that is documented and supported by regularly updated information in the child's case plan. Educational stability efforts include:

(i) efforts to ensure that the child remains in the same school in which the child was enrolled prior to placement or upon the child's move from one placement to another, including efforts to work with the local education authorities to ensure the child's educational stability and attendance; or

(ii) if it is not in the child's best interest to remain in the same school that the child was enrolled in prior to placement or move from one placement to another, efforts to ensure immediate and appropriate enrollment for the child in a new school;

new text begin (9) for a child not yet subject to compulsory school attendance under section 120A.22, efforts to ensure the child's educational stability while in foster care if the child is enrolled in an early childhood education or child care program. If enrollment in an early childhood education or child care program is not feasible or not in the child's best interest, the out-of-home placement plan must state specific reasons for discontinuing the child's enrollment in the same program or not seeking enrollment in a similar program. Early childhood education or child care stability efforts include: new text end

new text begin (i) efforts to ensure that the child remains in the same program in which the child was enrolled prior to placement or upon the child's move from one placement to another, if in the child's best interest, including efforts to work with the program to ensure the child's educational stability and attendance; or new text end

new text begin (ii) if it is not feasible or not in the child's best interest for the child to remain in the same program that the child was enrolled in prior to placement or to a move from one placement to another, efforts to ensure enrollment for the child in a similar program; new text end

deleted text begin (9) deleted text end new text begin (10) new text end the educational new text begin , child care, or early childhood education program new text end records of the child including the most recent information available regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance new text begin , if applicable new text end ;

(iii) the child's school new text begin or program new text end record;

(iv) a statement about how the child's placement in foster care takes into account proximity to the school new text begin or program new text end in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

deleted text begin (10) deleted text end new text begin (11) new text end the efforts by the responsible social services agency to ensure the oversight and continuity of health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens, including any known communicable diseases, as defined in section 144.4172, subdivision 2, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall be updated and shared, including the child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs, including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals shall be consulted and involved in assessing the health and well-being of the child and determine the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through either medical insurance or medical assistance;

deleted text begin (11) deleted text end new text begin (12) new text end the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable diseases as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for medical insurance or medical assistance;

deleted text begin (12) deleted text end new text begin (13) new text end an independent living plan for a child 14 years of age or older, developed in consultation with the child. The child may select one member of the case planning team to be designated as the child's advisor and to advocate with respect to the application of the reasonable and prudent parenting standards in subdivision 14. The plan should include, but not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a driver's license;

(iv) money management, including the responsibility of the responsible social services agency to ensure that the child annually receives, at no cost to the child, a consumer report as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and community; and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate activities typical for the child's age group, taking into consideration the capacities of the individual child;

deleted text begin (13) deleted text end new text begin (14) new text end for a child in voluntary foster care for treatment under chapter 260D, diagnostic and assessment information, specific services relating to meeting the mental health care needs of the child, and treatment outcomes;

deleted text begin (14) deleted text end new text begin (15) new text end for a child 14 years of age or older, a signed acknowledgment that describes the child's rights regarding education, health care, visitation, safety and protection from exploitation, and court participation; receipt of the documents identified in section 260C.452; and receipt of an annual credit report. The acknowledgment shall state that the rights were explained in an age-appropriate manner to the child; and

deleted text begin (15) deleted text end new text begin (16) new text end for a child placed in a qualified residential treatment program, the plan must include the requirements in section 260C.708.

(d) The parent or parents or guardian and the child each shall have the right to legal counsel in the preparation of the case plan and shall be informed of the right at the time of placement of the child. The child shall also have the right to a guardian ad litem. If unable to employ counsel from their own resources, the court shall appoint counsel upon the request of the parent or parents or the child or the child's legal guardian. The parent or parents may also receive assistance from any person or social services agency in preparation of the case plan.

(e) Before an out-of-home placement plan is signed by the parent or parents or guardian of the child, the responsible social services agency must provide the parent or parents or guardian with a one- to two-page summary of the plan using a form developed by the commissioner. The out-of-home placement plan summary must clearly summarize the plan's contents under paragraph (c) and list the requirements and responsibilities for the parent or parents or guardian using plain language. The summary must be updated and provided to the parent or parents or guardian when the out-of-home placement plan is updated under subdivision 1a.

(f) After the plan has been agreed upon by the parties involved or approved or ordered by the court, the foster parents shall be fully informed of the provisions of the case plan and shall be provided a copy of the plan.

(g) Upon the child's discharge from foster care, the responsible social services agency must provide the child's parent, adoptive parent, or permanent legal and physical custodian, and the child, if the child is 14 years of age or older, with a current copy of the child's health and education record. If a child meets the conditions in subdivision 15, paragraph (b), the agency must also provide the child with the child's social and medical history. The responsible social services agency may give a copy of the child's health and education record and social and medical history to a child who is younger than 14 years of age, if it is appropriate and if subdivision 15, paragraph (b), applies.

Sec. 19.

Minnesota Statutes 2024, section 260C.212, subdivision 4a, is amended to read:

Subd. 4a.

Monthly caseworker visits.

(a) Every child in foster care or on a trial home visit deleted text begin shall deleted text end new text begin must new text end be visited by the child's caseworker or another person who has responsibility for visitation of the child on a monthly basis, with the majority of visits occurring in the child's residence. The responsible social services agency may designate another person responsible for monthly case visits. For the purposes of this section, the following definitions apply:

(1) "visit" is defined as a face-to-face contact between a child and the child's caseworker new text begin . For a youth 18 years of age or older, a visit may be conducted via video conference with the youth's informed consent new text end ;

(2) "visited on a monthly basis" is defined as at least one visit per calendar month;

(3) "the child's caseworker" is defined as the person who has responsibility for managing the child's foster care placement case as assigned by the responsible social services agency;

(4) "another person" means the professional staff whom the responsible social services agency has assigned in the out-of-home placement plan or case plan. Another person must be professionally trained to assess the child's safety, permanency, well-being, and case progress. The agency may not designate the guardian ad litem, the child foster care provider, residential facility staff, or a qualified individual as defined in section 260C.007, subdivision26b, as another person; and

(5) "the child's residence" is defined as the home where the child is residing, and can include the foster home, child care institution, or the home from which the child was removed if the child is on a trial home visit.

(b) Caseworker visits deleted text begin shall deleted text end new text begin must new text end be of sufficient substance and duration to address issues pertinent to case planning and service delivery to ensure the safety, permanency, and well-being of the child, including whether the child is enrolled and attending school as required by law.

(c) Every effort deleted text begin shall deleted text end new text begin must new text end be made by the responsible social services agency and professional staff to have the monthly visit with the child outside the presence of the child's parents, foster parents, or facility staff. There may be situations related to the child's needs when a caseworker visit cannot occur with the child alone. The reason the caseworker visit occurred in the presence of others must be documented in the case record and may include:

(1) that the child exhibits intense emotion or behavior indicating that visiting without the presence of the parent, foster parent, or facility staff would be traumatic for the child;

(2) that despite a caseworker's efforts, the child declines to visit with the caseworker outside the presence of the parent, foster parent, or facility staff; and

(3) that the child has a specific developmental delay, physical limitation, incapacity, medical device, or significant medical need, such that the parent, foster parent, or facility staff is required to be present with the child during the visit.

Sec. 20.

Minnesota Statutes 2024, section 260C.212, is amended by adding a subdivision to read:

new text begin Subd. 14a. new text end

new text begin Information on early childhood education and child care for children in foster care. new text end

new text begin For a child not yet subject to compulsory school attendance under section 120A.22, the responsible social services agency; licensed child-placing agency, if applicable; and the child's guardian ad litem must provide information to the foster parent about: new text end

new text begin (1) early childhood education and child care program options in the foster parent's geographic area; new text end

new text begin (2) the Northstar foster care benefits child care allowance; new text end

new text begin (3) eligibility requirements for the child care assistance program and early learning scholarships; and new text end

new text begin (4) application processes for the child care assistance program and early learning scholarships. new text end

Sec. 21.

Minnesota Statutes 2024, section 260C.451, subdivision 2, is amended to read:

Subd. 2.

Independent living plan.

deleted text begin Upon the request of deleted text end new text begin (a) For any child in foster care who is 14 years of age or older, the responsible social services agency must, in conjunction with the child and other appropriate parties, develop and update the child's independent living plan required under section 260C.212, subdivision 1, paragraph (c), clause (12). new text end

new text begin (b) For new text end any child in foster care immediately prior to the child's 18th birthday deleted text begin and who is in foster care at the time of the request deleted text end , the responsible social services agency deleted text begin shall deleted text end new text begin must new text end , in conjunction with the child and other appropriate parties, update the new text begin child's new text end independent living plan required under section 260C.212, subdivision 1, paragraph (c), clause (12), related to the child's employment, vocational, educational, social, or maturational needs new text begin and submit the updated plan to the court as part of the required review under section 260C.202, subdivision 3 new text end . The agency deleted text begin shall deleted text end new text begin must new text end provide continued services and foster care for the child including those services that are necessary to implement the independent living plan.

Sec. 22.

Minnesota Statutes 2024, section 260C.451, subdivision 3, is amended to read:

Subd. 3.

Eligibility to continue in foster care.

A child in foster care immediately prior to the child's 18th birthday may continue in foster care past age 18 unless:

(1) the child can safely return home; new text begin or new text end

(2) deleted text begin the child is in placement pursuant to the agency's duties under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to a developmental disability or related condition, and the child will be served as an adult under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or deleted text end

deleted text begin (3) deleted text end the child can be adopted or have permanent legal and physical custody transferred to a relative prior to the child's 18th birthday.

Sec. 23.

Minnesota Statutes 2024, section 260C.451, subdivision 3a, is amended to read:

Subd. 3a.

Eligibility criteria.

The child must meet at least one of the following conditions to be considered eligible to continue in or return to foster care and remain there to age 21. The child must be:

(1) completing secondary education or a program leading to an equivalent credential new text begin , including transition programs through a public or private school new text end ;

(2) enrolled in an institution that provides postsecondary or vocational education;

(3) participating in a program or activity designed to promote or remove barriers to employment;

(4) employed for at least 80 hours per month new text begin , including receiving benefits under chapter 268B new text end ; or

(5) incapable of doing any of the activities described in clauses (1) to (4) due to a medical condition.

Sec. 24.

Minnesota Statutes 2025 Supplement, section 260C.451, subdivision 8, is amended to read:

Subd. 8.

Notice of termination of foster care.

When a child in foster care between the ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the responsible social services agency deleted text begin shall deleted text end new text begin must new text end give the child written notice that foster care will terminate 30 days from the date the notice is sent. new text begin The agency must send a copy of the written notice to the commissioner of children, youth, and families. new text end The child or the child's guardian ad litem may file a motion asking the court to review the agency's determination within 15 days of receiving the notice. The child deleted text begin shall deleted text end new text begin must new text end not be discharged from foster care until the motion is heard. The agency deleted text begin shall work deleted text end new text begin must engage new text end with the child to new text begin develop a new text end transition deleted text begin out of foster care deleted text end new text begin plan new text end as required under new text begin section 260C.452, subdivision 4, paragraph (d), that addresses the goals listed in new text end section 260C.203, subdivision 4, clause (2). The written notice of termination of benefits deleted text begin shall deleted text end new text begin must new text end be on a form prescribed by the commissioner and deleted text begin shall deleted text end new text begin must new text end also give notice of the right to have the agency's determination reviewed by the court in the proceeding where the court conducts the reviews required under section 260C.203, 260C.317, or 260C.515, subdivision 5 or 6. A copy of the termination notice deleted text begin shall deleted text end new text begin must new text end be sent to the child and the child's attorney, if any, the foster care provider, the child's guardian ad litem, new text begin the commissioner of children, youth, and families, new text end and the court. The agency is not responsible for paying foster care benefits for any period of time after the child actually leaves foster care.

ARTICLE 10

CHILDREN, YOUTH, AND FAMILIES BUDGET

Section 1.

new text begin REGIONAL FOOD BANK GRANTS. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of children, youth, and families must establish regional food bank grants to increase the availability of food to individuals and families in need. new text end

new text begin Subd. 2. new text end

new text begin Distribution of appropriation. new text end

new text begin The commissioner must distribute money appropriated under this section to regional food banks and Minnesota Tribal governments, as defined in Minnesota Statutes, section 10.65, using a formula based on the number of persons in households having incomes below the federal poverty level and the number of unemployed persons in the service area of the food bank or Minnesota Tribal government. new text end

new text begin Subd. 3. new text end

new text begin Allowable use of money. new text end

new text begin (a) Grant money distributed under this section must be used to purchase, transport, and coordinate the distribution of food to sites approved by the commissioner. Grant money distributed under this section may also be used to purchase personal hygiene products, including but not limited to diapers and toilet paper. new text end

new text begin (b) Food and other allowable products purchased with grant money under this section must be available at no cost at sites approved by the commissioner. new text end

new text begin (c) Grant money distributed under this section must not be used for the compensation of officers, directors, trustees, key employees, and highest compensated employees as reported on Internal Revenue Service Form 990. new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin (a) Food banks and Minnesota Tribal governments receiving grant money under this section must retain records documenting expenditures of the grant money and comply with any additional documentation requirements imposed by the commissioner. new text end

new text begin (b) Food banks and Minnesota Tribal governments must report on the use of grant money received under this section to the commissioner. The commissioner must determine the timing and form required for the reports. new text end

new text begin Subd. 5. new text end

new text begin Ineligible expenditures. new text end

new text begin If the commissioner determines that ineligible expenditures were made by a food bank or Minnesota Tribal government under this section, the ineligible amount must be repaid by the food bank or Tribal government to the commissioner and deposited in the general fund. new text end

Sec. 2.

new text begin DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES; CRISIS NURSERY LICENSING. new text end

new text begin The commissioner of children, youth, and families must develop a licensing framework for crisis nurseries. The framework must include pathways for organizations to become licensed crisis nurseries, a definition for crisis nurseries, background study and training requirements, and ways to reduce redundancy and resolve conflicting requirements between Minnesota Rules, parts 2960.0510 to 2960.0530, 2960.3000 to 2960.3100, and chapter 9502, and Minnesota Statutes, chapter 142B. In developing the framework, the commissioner must work with stakeholders seeking to develop a crisis nursery license. By January 15, 2028, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over children, youth, and families licensing. The report must contain an overview of the licensing framework, a detailed explanation of the framework, and proposed legislation to make any statutory changes that are needed to implement the new license for crisis nurseries. new text end

ARTICLE 11

MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT CHANGES

Section 1.

Minnesota Statutes 2024, section 260.63, subdivision 10, is amended to read:

Subd. 10.

Disproportionately represented child.

new text begin (a) new text end "Disproportionately represented child" means a person who is under the age of 18 and who is a member of a community whose race, deleted text begin culture, deleted text end ethnicity, disability status, or low-income socioeconomic status is disproportionately encountered, engaged, or identified in the child welfare system as compared to the representation in the state's total child population, as determined deleted text begin on an annual basis deleted text end by the commissioner new text begin under section 260.631 new text end . A child's race, deleted text begin culture, or deleted text end ethnicity new text begin , disability status, or low-income socioeconomic status new text end is determined deleted text begin based upon deleted text end new text begin by new text end a child's self-identification or identification of a child's race, deleted text begin culture, or deleted text end ethnicity new text begin , disability status, or low-income socioeconomic status new text end as reported by the child's parent or guardian.

new text begin (b) For the purposes of this subdivision: new text end

new text begin (1) disability means a physical, sensory, or mental impairment that materially limits one or more major life activities, including an impairment that is episodic or in remission and would materially limit a major life activity when active; and new text end

new text begin (2) low-income socioeconomic status is established by the child's household income being below 300 percent of the federal poverty guidelines published by the United States Department of Health and Human Services. For purposes of this subdivision, low-income socioeconomic status is also established when a child or a member of the child's household receives benefits from one or more means-tested public assistance programs, or when a child meets income and resource requirements to be eligible for title IV-E foster care maintenance payments under the federal Social Security Act. new text end

Sec. 2.

new text begin [260.631] DETERMINATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Determination of disproportionate overrepresentation. new text end

new text begin (a) The commissioner must determine the communities that are disproportionately overrepresented in Minnesota's child protection system pursuant to this section for the purposes of the Minnesota African American Family Preservation and Child Welfare Disproportionality Act. In making this determination, the commissioner may consider the recommendations provided under paragraph (d). The commissioner's determination under this paragraph is in effect until the effective date of the next determination issued by the commissioner. new text end

new text begin (b) The commissioner must make the initial determination under paragraph (a) by September 1, 2026, and then by September 1 on every even-numbered year thereafter. new text end

new text begin (c) A responsible social services agency must use the commissioner's determination under paragraph (a) to determine whether a child meets the definition of a disproportionately represented child under section 260.63, subdivision 10. new text end

new text begin (d) The African American Child and Family Well-Being Advisory Council must submit recommendations to the commissioner on the disproportionate overrepresentation of African American children in Minnesota's child protection system using state and federal census data. The council must provide its initial recommendations to the commissioner by August 1, 2026, and then provide recommendations by August 1 on every even-numbered year thereafter. new text end

new text begin (e) If the commissioner makes a determination under paragraph (a) that differs from the recommendations provided by the African American Child and Family Well-Being Advisory Council under paragraph (d) regarding the disproportionate overrepresentation of African American children in Minnesota's child protection system, the commissioner must provide the reasons for diverging from the council's recommendations and identify the data the commissioner relied upon in making the determination of disproportionate overrepresentation. The commissioner must provide the information required under this paragraph to: new text end

new text begin (1) the chairs and ranking minority members of the legislative committees with jurisdiction over the Minnesota African American Family Preservation and Child Welfare Disproportionality Act; new text end

new text begin (2) the African American Child and Family Well-Being Advisory Council; new text end

new text begin (3) the Children's Justice Initiative; and new text end

new text begin (4) responsible social services agencies statewide. new text end

new text begin (f) By September 15, 2026, and every even-numbered year thereafter, the commissioner must notify responsible social services agencies, the African American Child and Family Well-Being Advisory Council, and the Children's Justice Initiative of the commissioner's determination under paragraph (a). The notification must include but is not limited to: new text end

new text begin (1) a list of the communities the commissioner determined are disproportionately represented in Minnesota's child protection system and whether there are any changes from the previous notification; new text end

new text begin (2) how a responsible social services agency must implement the commissioner's determination; new text end

new text begin (3) the effective date of the commissioner's determination; and new text end

new text begin (4) the method or methods the commissioner used, or the data the commissioner relied upon, to make the determination. new text end

new text begin Subd. 2. new text end

new text begin Determination of child's status. new text end

new text begin The responsible social services agency must document the efforts the agency takes when determining whether a child meets or does not meet the definition of a disproportionately represented child under section 260.63, subdivision 10, and must provide that information to the commissioner upon the commissioner's request. new text end

new text begin Subd. 3. new text end

new text begin Exempt from rulemaking. new text end

new text begin Chapter 14 does not apply to determinations under this section. new text end

Sec. 3.

Minnesota Statutes 2024, section 260.64, subdivision 2, is amended to read:

Subd. 2.

Safety plan.

(a) Prior to petitioning the court to remove an African American or a disproportionately represented child from the child's home under section 260.66, a responsible social services agency must work with the child's family to allow the child to remain in the child's home while implementing a safety plan based on the family's needs. The responsible social services agency must:

(1) make active efforts to engage the child's parent or custodian and the child, when appropriate;

(2) assess the family's cultural and economic needs and, if applicable, needs and services related to the child's disability;

(3) hold a family group consultation meeting and connect the family with supports to establish a safety network for the family; and

(4) provide support, guidance, and input to assist the family and the family's safety network with developing the safety plan.

(b) The safety plan must:

(1) address the specific allegations impacting the child's safety in the home. If neglect new text begin , as defined in section 260E.03, subdivision 15, new text end is alleged, the safety plan must incorporate economic services and supports for the child and the child's family, if eligible, to address the family's specific needs and prevent neglect;

(2) incorporate family and community support to ensure the child's safety while keeping the family intact; and

(3) be adjusted as needed to address the child's and family's ongoing needs and support.

(c) The responsible social services agency is not required to establish a safety plan:

(1) in a case with allegations of sexual abuse or egregious harm;

(2) when the parent is not willing to follow a safety plan;

(3) when the parent has abandoned the child or is unavailable to follow a safety plan; or

(4) when the parent has chronic substance use disorder issues and is unable to parent the child.

Sec. 4.

Minnesota Statutes 2024, section 260.68, subdivision 2, is amended to read:

Subd. 2.

Case review.

(a) Each responsible social services agency shall conduct a review of all child welfare cases for African American and other disproportionately represented children handled by the agency. Each responsible social services agency shall create a summary report of trends identified under paragraphs (b) and (c), a remediation plan as provided in paragraph (d), and an update on implementation of any previous remediation plans. The first report shall be provided to the African American Child Well-Being Advisory Council, the commissioner, and the chairs and ranking minority members of the legislative committees with jurisdiction over child welfare by October 1, 2029, and annually thereafter. For purposes of determining outcomes in this subdivision, responsible social services agencies shall use guidance from the commissioner. The commissioner shall provide guidance starting on November 1, 2028, and annually thereafter.

(b) The case review must include:

(1) the number of African American and disproportionately represented children represented in the county child deleted text begin welfare deleted text end new text begin protection new text end system;

(2) the number and sources of maltreatment reports received and reports screened in for investigation or referred for family assessment and the race of the children and parents or custodians involved in each report;

(3) the number and race of children and parents or custodians who receive in-home preventive case management services;

(4) the number and race of children whose parents or custodians are referred to community-based, culturally appropriate, strength-based, or trauma-informed services;

(5) the number and race of children removed from their homes;

(6) the number and race of children reunified with their parents or custodians;

(7) the number and race of children whose parents or custodians are offered family group decision-making services;

(8) the number and race of children whose parents or custodians are offered the parent support outreach program;

(9) the number and race of children in foster care or out-of-home placement at the time that the data is gathered;

(10) the number and race of children who achieve permanency through a transfer of permanent legal and physical custody to a relative or an adoption; and

(11) the number and race of children who are under the guardianship of the commissioner or awaiting a permanency disposition.

(c) The required case review must also:

(1) identify barriers to reunifying children with their families;

(2) identify the family conditions that led to the out-of-home placement;

(3) identify any barriers to accessing culturally informed mental health or substance use disorder treatment services for the parents or children;

(4) document efforts to identify fathers and maternal and paternal relatives and to provide services to custodial and noncustodial fathers, if appropriate; and

(5) document and summarize court reviews of active efforts.

(d) Any responsible social services agency that has a case review showing disproportionality and disparities in child welfare outcomes for African American and other disproportionately represented children and the children's families, compared to the agency's overall outcomes, must include in their case review summary report a remediation plan with measurable outcomes to identify, address, and reduce the factors that led to the disproportionality and disparities in the agency's child welfare outcomes. The remediation plan shall also include information about how the responsible social services agency will achieve and document trauma-informed, positive child well-being outcomes through remediation efforts.

Sec. 5.

Minnesota Statutes 2024, section 260.69, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

new text begin (a) new text end The commissioner of children, youth, and families must collaborate with the Children's Justice Initiative to ensure that cultural competency training is given new text begin or made available new text end to individuals working in the child welfare system, including child welfare workers and supervisors. Training deleted text begin must deleted text end new text begin developed by the Child Welfare Training Academy may new text end also be made available to attorneys, juvenile court judges, new text begin guardians ad litem, new text end and family law judges. new text begin The commissioner must give priority to child welfare workers and supervisors for in-person trainings or other trainings with limited attendance or availability. new text end

new text begin (b) This subdivision does not require the commissioner or the Child Welfare Training Academy to develop or provide training specifically for attorneys, juvenile court judges, guardians ad litem, family law judges, or any other individuals beyond the primary training audiences required to be served under Laws 2019, First Special Session chapter 9, article 1, section 37, subdivision 2, paragraph (e). new text end

Sec. 6.

Minnesota Statutes 2025 Supplement, section 260.691, subdivision 1, is amended to read:

Subdivision 1.

Establishment and duties.

(a) The African American Child and Family Well-Being Advisory Council is established for the Department of Children, Youth, and Families.

(b) The council shall consist of 31 members appointed by the commissioner and must include representatives with lived personal or professional experience within African American communities. Members may include but are not limited to youth who have exited the child welfare system; parents; legal custodians; relative and kinship caregivers or foster care providers; community service providers, advocates, and members; county and private social services agency case managers; representatives from faith-based institutions; academic professionals; a representative from the Council for Minnesotans of African Heritage; the Ombudsperson for African American Families; and other individuals with experience and knowledge of African American communities. Council members must be selected through an open appointments process under section 15.0597. The terms, compensation, and removal of council members are governed by section 15.059.

(c) The council must:

(1) review annual reports related to African American children involved in the child welfare system. These reports may include but are not limited to the maltreatment, out-of-home placement, and permanency of African American children;

(2) assist with and make recommendations to the commissioner for developing strategies to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote culturally appropriate foster care and shelter or facility placement decisions and settings for African American children in need of out-of-home placement, ensure timely achievement of permanency, and improve child welfare outcomes for African American children and their families;

(3) review summary reports on targeted case reviews prepared by the commissioner to ensure that responsible social services agencies meet the needs of African American children and their families. Based on data collected from those reviews, the council shall assist the commissioner with developing strategies needed to improve any identified child welfare outcomes, including but not limited to maltreatment, out-of-home placement, and permanency for African American children;

(4) make recommendations to the commissioner and the legislature for public policy and statutory changes that specifically consider the needs of African American children and their families involved in the child welfare system;

(5) advise the commissioner on stakeholder engagement strategies and actions that the commissioner and responsible social services agencies may take to improve child welfare outcomes for African American children and their families;

(6) assist the commissioner with developing strategies for public messaging and communication related to racial deleted text begin disproportionality and deleted text end disparities in child welfare outcomes for African American children and their families;

(7) assist the commissioner with identifying and developing internal and external partnerships to support adequate access to services and resources for African American children and their families, including but not limited to housing assistance, employment assistance, food and nutrition support, health care, child care assistance, and educational support and training; and

(8) assist the commissioner with developing strategies to promote the development of a culturally diverse and representative child welfare workforce in Minnesota that includes professionals who are reflective of the community served and who have been directly impacted by lived experiences within the child welfare system. The council must also assist the commissioner with exploring strategies and partnerships to address education and training needs, hiring, recruitment, retention, and professional advancement practices.

Sec. 7.

Minnesota Statutes 2025 Supplement, section 260.692, subdivision 1, is amended to read:

Subdivision 1.

Duties.

The African American Child and Family Well-Being Unit, currently established by the commissioner, must:

(1) assist with the development of African American cultural competency training and review child welfare curriculum in the Minnesota Child Welfare Training Academy to ensure that responsible social services agency staff and other child welfare professionals are appropriately prepared to engage with African American children and their families and to support family preservation and reunification;

(2) provide technical assistance, including on-site technical assistance, and case consultation to responsible social services agencies to assist agencies with implementing and complying with the Minnesota African American Family Preservation and Child Welfare Disproportionality Act;

(3) monitor individual county and statewide disaggregated and nondisaggregated data to identify trends and patterns in child welfare outcomes, including but not limited to reporting, maltreatment, out-of-home placement, and permanency of African American children and develop strategies to address deleted text begin disproportionality and deleted text end disparities in the child welfare system;

(4) develop and implement a system for conducting case reviews when the commissioner receives reports of noncompliance with the Minnesota African American Family Preservation and Child Welfare Disproportionality Act or when requested by the parent or custodian of an African American child. Case reviews may include but are not limited to a review of placement prevention efforts, safety planning, case planning and service provision by the responsible social services agency, relative placement consideration, and permanency planning;

(5) establish and administer a request for proposals process for African American and disproportionately represented family preservation grants under section 260.693, monitor grant activities, and provide technical assistance to grantees;

(6) in coordination with the African American Child and Family Well-Being Advisory Council, coordinate services and create internal and external partnerships to support adequate access to services and resources for African American children and their families, including but not limited to housing assistance, employment assistance, food and nutrition support, health care, child care assistance, and educational support and training; and

(7) develop public messaging and communication to inform the public about racial disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities, and resources available to African American children and their families involved in the child welfare system.

Sec. 8.

Minnesota Statutes 2025 Supplement, section 260.692, subdivision 2, is amended to read:

Subd. 2.

Case reviews.

(a) The African American Child and Family Well-Being Unit must conduct systemic case reviews to monitor targeted child welfare outcomes, including but not limited to maltreatment, out-of-home placement, and permanency of African American children.

(b) The reviews under this subdivision must be conducted using a random sampling of representative child deleted text begin welfare deleted text end new text begin protection new text end cases stratified for certain case related factors, including but not limited to case type, maltreatment type, if the case involves out-of-home placement, and other demographic variables. In conducting the reviews, unit staff may use court records and documents, information from the social services information system, and other available case file information to complete the case reviews.

(c) The frequency of the reviews and the number of cases, child welfare outcomes, and selected counties reviewed shall be determined by the unit in consultation with the African American Child and Family Well-Being Advisory Council, with consideration given to the availability of unit resources needed to conduct the reviews.

(d) The unit must monitor all case reviews and use the collective case review information and data to generate summary case review reports, ensure compliance with the Minnesota African American Family Preservation and Child Welfare Disproportionality Act, and identify trends or patterns in child welfare outcomes for African American children.

(e) The unit must review information from members of the public received through the compliance and feedback portal, including policy and practice concerns related to individual child deleted text begin welfare deleted text end new text begin protection new text end cases. After assessing a case concern, the unit may determine if further necessary action should be taken, which may include coordinating case remediation with other relevant child welfare agencies in accordance with data privacy laws, including the African American Child and Family Well-Being Advisory Council, and offering case consultation and technical assistance to the responsible local social services agency as needed or requested by the agency.

Sec. 9.

Minnesota Statutes 2025 Supplement, section 260.692, subdivision 3, is amended to read:

Subd. 3.

Reports.

(a) The African American Child and Family Well-Being Unit must provide regular updates on unit activities, including summary reports of case reviews, to the African American Child and Family Well-Being Advisory Council, and must publish an annual census of African American children in out-of-home placements statewide. The annual census must include data on the types of placements, age and sex of the children, how long the children have been in out-of-home placements, and other relevant demographic information.

(b) The African American Child and Family Well-Being Unit shall gather summary data about the practice and policy inquiries and individual case concerns received through the compliance and feedback portal under subdivision 2, paragraph (e). The unit shall provide regular reports of the nonidentifying compliance and feedback portal summary data to the African American Child and Family Well-Being Advisory Council to identify child welfare trends and patterns to assist with developing policy and practice recommendations to support eliminating deleted text begin disparity and disproportionality deleted text end new text begin disparities new text end for African American children.

Sec. 10.

Minnesota Statutes 2024, section 260.693, subdivision 2, is amended to read:

Subd. 2.

Eligible services.

(a) Services eligible for grants under this section include but are not limited to:

(1) child out-of-home placement prevention and reunification services;

(2) family-based services and reunification therapy;

(3) culturally specific individual and family counseling;

(4) court advocacy;

(5) training for and consultation to responsible social services agencies and private social services agencies regarding this act;

(6) development and promotion of culturally informed, affirming, and responsive community-based prevention and family preservation services that target the children, youth, families, and communities of African American and African heritage experiencing the highest disparities deleted text begin , disproportionality, deleted text end and overrepresentation in the Minnesota child welfare system;

(7) culturally affirming and responsive services that work with children and families in their communities to address their needs and ensure child and family safety and well-being within a culturally appropriate lens and framework;

(8) services to support informal kinship care arrangements; and

(9) other activities and services approved by the commissioner that further the goals of the Minnesota African American Family Preservation and Child Welfare Disproportionality Act, including but not limited to the recruitment of African American staff and staff from other communities disproportionately represented in the child welfare system to work for responsible social services agencies and licensed child-placing agencies.

(b) The commissioner may specify the priority of an activity and service based on its success in furthering these goals. The commissioner shall give preference to programs and service providers that are located in or serve counties with the highest rates of child welfare deleted text begin disproportionality deleted text end new text begin disproportionate representation new text end for African American and other disproportionately represented children and their families and employ staff who represent the population primarily served.

Sec. 11.

new text begin [260.694] MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY GRANT ALLOCATION. new text end

new text begin Subdivision 1. new text end

new text begin Formula for county staffing and services funds. new text end

new text begin (a) The commissioner shall allocate state funds appropriated under this section to each county board on a calendar year basis in an amount determined according to the following formula: new text end

new text begin (1) 50 percent must be distributed on the basis of the child population residing in the county as determined by the most recent data of the state demographer; new text end

new text begin (2) 25 percent must be distributed on the basis of the number of screened-in reports of child maltreatment under chapter 260E, and in the county as determined by the most recent data of the commissioner; and new text end

new text begin (3) 25 percent must be distributed on the basis of the number of open child protection case management cases in the county as determined by the most recent data of the commissioner. new text end

new text begin (b) Notwithstanding this subdivision, no county shall be awarded an allocation of less than $100,000. new text end

new text begin Subd. 2. new text end

new text begin Prohibition on supplanting existing funds. new text end

new text begin Funds received under this section must be used to address staffing and services needed for child protection and expansion of child protection services, including making active efforts to prevent entry into the child protection system, prevent out-of-home placement, reunify children with families, and finalize alternative permanency arrangements if reunification is not an option. Funds must not be used to supplant current county expenditures for these purposes but may be used to maintain staff and services paid for by temporary funding. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 12.

Laws 2024, chapter 117, section 9, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective January 1, 2027, new text begin except subdivision 2 is effective July 1, 2027, and new text end except as provided under section 20.

Sec. 13.

Laws 2024, chapter 117, section 21, is amended to read:

Sec. 21.

MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT; WORKING GROUP.

(a) The commissioner of human services must establish a working group to provide guidance and oversight for the Minnesota African American Family Preservation and Child Welfare Disproportionality Act phase-in program.

(b) The members of the working group must include representatives from the Minnesota Association of County Social Service Administrators, the Association of Minnesota Counties, the Minnesota Inter-County Association, the Minnesota County Attorneys Association, Hennepin County, Ramsey County, the Department of Human Services, and community organizations with experience in child welfare. The legislature may provide recommendations to the commissioner on the selection of the representatives from the community organizations.

(c) The working group must provide oversight of the phase-in program and evaluate the cost of the phase-in program. The working group must also assess future costs of implementing the Minnesota African American Family Preservation and Child Welfare Disproportionality Act statewide.

(d) By January 1, 2026, the working group must develop and submit an interim report to the chairs and ranking minority members of the legislative committees with jurisdiction over child welfare detailing initial needs for the implementation of the Minnesota African American Family Preservation and Child Welfare Disproportionality Act. The interim report must also include recommendations for any statutory or policy changes necessary to implement the act.

(e) By September 1, 2026, the working group must develop an implementation plan and best practices for the Minnesota African American Family Preservation and Child Welfare Disproportionality Act to go into effect statewide.

new text begin (f) The working group under this section expires December 31, 2026. new text end

Sec. 14.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2024, section 260.63, subdivision 9, new text end new text begin is repealed. new text end

ARTICLE 12

CHILD CARE CENTER LICENSING MODERNIZATION

Section 1.

new text begin [142H.01] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the terms in this section have the meanings given. new text end

new text begin Subd. 2. new text end

new text begin Accessible to children. new text end

new text begin "Accessible to children" means capable of being reached or utilized by a child without the aid of an adult. new text end

new text begin Subd. 3. new text end

new text begin Accredited. new text end

new text begin "Accredited" means a postsecondary institution or technical college recognized and listed in The Database of Accredited Postsecondary Institutions and Programs maintained by the United States Department of Education. new text end

new text begin Subd. 4. new text end

new text begin Age categories. new text end

new text begin (a) "Infant" means a child who is at least six weeks old but less than 16 months old. new text end

new text begin (b) "Toddler" means a child who is at least 16 months old but less than 33 months old. new text end

new text begin (c) "Preschooler" means a child who is at least 33 months old up to school age. new text end

new text begin (d) "School age" means a child who is at least of sufficient age to have attended the first day of kindergarten, or is eligible to enter kindergarten within the next four months, but is younger than 13 years of age. A child who becomes 13 during the school year may continue to be considered a school-age child for the remainder of the school year. new text end

new text begin Subd. 5. new text end

new text begin Applicant. new text end

new text begin "Applicant" has the meaning given in section 142B.01, subdivision 4. new text end

new text begin Subd. 6. new text end

new text begin Arrival and departure times. new text end

new text begin "Arrival and departure times" means the times when children typically arrive at or depart from a center. A center cannot designate more than 25 percent of licensed hours of operation as arrival and departure times. The designated arrival and departure times must be used at the beginning or end of a center's licensed hours of operation. new text end

new text begin Subd. 7. new text end

new text begin Building official. new text end

new text begin "Building official" means the person appointed pursuant to section 326B.133 to administer the State Building Code or the building official's authorized representative. new text end

new text begin Subd. 8. new text end

new text begin Center. new text end

new text begin "Center" means a child care program that is not excluded by section 142B.05, subdivision 2, and is not a family child care program, as defined in section 142I.01, subdivision 22. new text end

new text begin Subd. 9. new text end

new text begin Child. new text end

new text begin "Child" means a person receiving child care services who falls within the age categories in subdivision 4. new text end

new text begin Subd. 10. new text end

new text begin Child care program. new text end

new text begin "Child care program" means the organization or arrangement of activities, personnel, materials, and equipment in a facility to promote the physical, intellectual, social, and emotional development of a child in the absence of the parent for a period of less than 24 hours a day. new text end

new text begin Subd. 11. new text end

new text begin Child care program plan. new text end

new text begin "Child care program plan" means the written document that states specific activities that will be provided by the license holder to promote the physical, intellectual, social, and emotional development of the children enrolled in the center. new text end

new text begin Subd. 12. new text end

new text begin Clean. new text end

new text begin "Clean" means free from dirt or other contaminants that can be detected by sight, smell, or touch. new text end

new text begin Subd. 13. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of children, youth, and families or the commissioner's designated representative, including county agencies and private agencies. new text end

new text begin Subd. 14. new text end

new text begin Day program. new text end

new text begin "Day program" means a nonresidential child care program that operates during waking hours and does not provide overnight care. new text end

new text begin Subd. 15. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Children, Youth, and Families. new text end

new text begin Subd. 16. new text end

new text begin Direct contact. new text end

new text begin "Direct contact" has the meaning given in section 245C.02, subdivision 11. new text end

new text begin Subd. 17. new text end

new text begin Disinfected. new text end

new text begin "Disinfected" means the chemical process to kill most germs and viruses on surfaces and objects after they have been cleaned. new text end

new text begin Subd. 18. new text end

new text begin Drop-in child care program. new text end

new text begin "Drop-in child care program" means a nonresidential program of child care in which children participate on a onetime only or occasional basis up to a maximum of 90 hours per child, per month. new text end

new text begin Subd. 19. new text end

new text begin Experience. new text end

new text begin "Experience" means paid or unpaid employment: new text end

new text begin (1) caring for children as a teacher, assistant teacher, aide, or student intern: new text end

new text begin (i) in a licensed child care center, a licensed family child care program, or a Tribally licensed child care program in any United States state or territory; or new text end

new text begin (ii) in a public or nonpublic school; new text end

new text begin (2) caring for children as a staff person or unsupervised volunteer in a certified license-exempt child care center under chapter 142C; or new text end

new text begin (3) providing direct contact services in a home or residential facility serving children with disabilities that requires a background study under section 245C.03. new text end

new text begin Subd. 20. new text end

new text begin Facility. new text end

new text begin "Facility" means the indoor and outdoor space where a child care program is provided. new text end

new text begin Subd. 21. new text end

new text begin Fire marshal. new text end

new text begin "Fire marshal" means the person designated by section 299F.011 to administer and enforce the State Fire Code or the fire marshal's authorized representative. new text end

new text begin Subd. 22. new text end

new text begin Health care provider. new text end

new text begin "Health care provider" means a physician or physician's assistant licensed to practice medicine under chapter 147 or an advanced practice registered nurse licensed under chapter 148. new text end

new text begin Subd. 23. new text end

new text begin Health consultant. new text end

new text begin "Health consultant" means a registered nurse, a public health nurse, or a health care provider as defined in subdivision 22 who performs health consultation services for a child care center pursuant to section 142H.29, subdivision 2. new text end

new text begin Subd. 24. new text end

new text begin Inaccessible to children. new text end

new text begin "Inaccessible to children" means not capable of being reached or utilized by a child without the aid of an adult. new text end

new text begin Subd. 25. new text end

new text begin License. new text end

new text begin "License" has the meaning given in section 142B.01, subdivision 16. new text end

new text begin Subd. 26. new text end

new text begin License holder. new text end

new text begin "License holder" has the meaning given in section 142B.01, subdivision 17. new text end

new text begin Subd. 27. new text end

new text begin Licensed capacity. new text end

new text begin "Licensed capacity" means the maximum number of children permitted at any one time in the program for which the license holder is licensed to operate. new text end

new text begin Subd. 28. new text end

new text begin Medication. new text end

new text begin "Medication" means any substance or preparation that is used to prevent or treat a wound, injury, infection, and disease; maintain health; heal; or relieve pain. This includes medication that is over the counter, or prescribed by a physician, physician assistant, dentist, or advance practice registered nurse certified to prescribe medication, and permitted by the parent for administration or application. This term applies to medication taken internally or applied externally. new text end

new text begin Subd. 29. new text end

new text begin Night care program. new text end

new text begin "Night care program" means a nonresidential child care program that provides overnight care to children during sleeping hours, approximately 11:00 p.m. to 5:00 a.m. Night care programs are subject to the requirements in section 142H.16. new text end

new text begin Subd. 30. new text end

new text begin Parent. new text end

new text begin "Parent" means the person or persons who has the legal responsibility for a child such as the child's mother, father, or legally appointed guardian. new text end

new text begin Subd. 31. new text end

new text begin Program staff person. new text end

new text begin "Program staff person" means an employee of the child care center who carries out the child care program plan and has direct contact with children. This includes unsupervised volunteers and substitutes. new text end

new text begin Subd. 32. new text end

new text begin Sick care program. new text end

new text begin "Sick care program" means a nonresidential child care program that exclusively cares for sick children. Sick care programs are subject to the requirements in section 142H.19. new text end

new text begin Subd. 33. new text end

new text begin Staff supervision. new text end

new text begin "Staff supervision" means responsibility to hire, train, assign duties, and direct staff in day-to-day activities and evaluate staff performance. A "supervisor" is a person with staff supervision responsibility. new text end

new text begin Subd. 34. new text end

new text begin State Building Code. new text end

new text begin "State Building Code" means the codes and regulations adopted by the commissioner of the administration according to section 326B.101, and contained in Minnesota Rules, chapter 1300. new text end

new text begin Subd. 35. new text end

new text begin State Fire Code. new text end

new text begin "State Fire Code" means the codes and regulations adopted by the state fire marshal pursuant to section 299F.011, and contained in Minnesota Rules, chapter 7511. new text end

new text begin Subd. 36. new text end

new text begin Student intern. new text end

new text begin "Student intern" means a student of a postsecondary institution assigned by that institution for a supervised experience with children. The experience must be in a licensed center, an elementary school operated by the commissioner of education or a legally constituted local school board, or a private school approved under rules administered by the commissioner of education. Student intern includes a person who is practice teaching, student teaching, or carrying out a practicum or internship. new text end

new text begin Subd. 37. new text end

new text begin Substitute. new text end

new text begin "Substitute" means a person who is temporarily filling a position as a director, teacher, assistant teacher, or aide in a licensed child care center for less than 500 hours total in a calendar year due to the absence of a regularly employed program staff person. new text end

new text begin Subd. 38. new text end

new text begin Supervision of children. new text end

new text begin "Supervision of children" means when a program staff person: new text end

new text begin (1) is accountable for the child's care; new text end

new text begin (2) is able to intervene to protect the health and safety of the child; and new text end

new text begin (3) is within sight and hearing of the child at all times, except as described in section 142H.24, subdivision 1. new text end

new text begin Subd. 39. new text end

new text begin Variance. new text end

new text begin "Variance" means written permission by the department for a license holder or applicant to depart from the provisions of a requirement in this chapter pursuant to section 142B.10, subdivision 16. new text end

new text begin Subd. 40. new text end

new text begin Volunteer. new text end

new text begin (a) "Volunteer" means an individual who assists in the care of a child and is not employed by the child care center. new text end

new text begin (b) "Supervised volunteer" means a volunteer who may only have direct contact with children when a program staff person is able to intervene to protect the health and safety of children. new text end

new text begin (c) "Unsupervised volunteer" means a volunteer who may have direct contact with children without a program staff person present, must receive the training required under section 142H.08, and may be counted in the staff-to-child ratios under section 142H.10. new text end

Sec. 2.

new text begin [142H.02] APPLICABILITY AND LICENSING PROCESS. new text end

new text begin (a) No child care center may operate in Minnesota without a license pursuant to this chapter and chapter 142B. An applicant for a license and the license holder is governed by, and must comply with, the general requirements in this chapter and chapters 142B, 245C, and 260E. new text end

new text begin (b) The department may grant variances to the requirements in this chapter if the conditions in section 142B.10, subdivision 16, are met. new text end

Sec. 3.

new text begin [142H.03] OPERATING OPTIONS. new text end

new text begin A license holder must operate a day program, drop-in child care program, night care program, sick child care program, or a combination of two or more kinds of programs. new text end

Sec. 4.

new text begin [142H.04] POLICIES AND PROCEDURES FOR PROGRAM ADMINISTRATION. new text end

new text begin (a) The license holder must maintain and enforce program policies and procedures necessary to comply with licensing requirements under Minnesota Statutes and Minnesota Rules. new text end

new text begin (b) The license holder must: new text end

new text begin (1) provide training to employees and volunteers related to their duties in implementing the program's policies and procedures developed under paragraph (a); new text end

new text begin (2) document the provision of this training; and new text end

new text begin (3) monitor implementation of policies and procedures by employees and volunteers. new text end

new text begin (c) The license holder must keep program policies and procedures readily accessible to employees and volunteers and index the policies and procedures with a table of contents or another method approved by the commissioner. new text end

Sec. 5.

new text begin [142H.05] DIRECTORS. new text end

new text begin Subdivision 1. new text end

new text begin General requirements for a director. new text end

new text begin (a) A center must have a director who is responsible for overseeing implementation of written policies relating to the management and control of the daily activities of the program, ensuring the health and safety of program participants, and supervising staff and volunteers. new text end

new text begin (b) A director must: new text end

new text begin (1) be at least 21 years old; new text end

new text begin (2) be a graduate of a high school or hold an equivalent diploma attained through successful completion of the commissioner of education-selected high school equivalency test pursuant to section 124D.549; new text end

new text begin (3) have at least 1,040 hours of paid or unpaid staff supervision experience; and new text end

new text begin (4) have at least 12 semester credits in accredited coursework in postsecondary child development education, supervision, management, administration, or leadership or 120 hours of training earned in the topics of child development, supervision, management, administration, or leadership. new text end

new text begin (c) Paragraph (b), clauses (3) and (4), are satisfied if an individual has completed a Minnesota Association for the Education of Young Children early childhood director's credential; Child Care Aware Minnesota director's credential; Montessori administrator credential; or diploma issued by the American Montessori Society, Association Montessori International, or an institution accredited by the Montessori Accreditation Council for Teacher Education. new text end

new text begin Subd. 2. new text end

new text begin Director or designee on site. new text end

new text begin (a) The director or a designee must be on site while the center is in operation. new text end

new text begin (b) Any program staff person who is at least 18 years old may serve as the designee. The designee does not have to meet the director qualifications in subdivision 1 but must be aware of the designation and be able to perform the responsibilities. new text end

new text begin Subd. 3. new text end

new text begin Director functioning as a teacher. new text end

new text begin Notwithstanding section 142H.06, a director may be used as a teacher in any classroom as needed. new text end

new text begin Subd. 4. new text end

new text begin Incumbent director recognition. new text end

new text begin Notwithstanding subdivision 1, an individual who is designated as the director of a licensed child care center on July 1, 2027, meets the director qualification requirements of this section as long as the individual continues to work at the program. new text end

Sec. 6.

new text begin [142H.06] TEACHERS. new text end

new text begin Subdivision 1. new text end

new text begin Teacher general qualifications. new text end

new text begin A teacher must: new text end

new text begin (1) be at least 18 years old; and new text end

new text begin (2) be a graduate of a high school or hold an equivalent diploma attained through successful completion of the commissioner of education-selected high school equivalency test pursuant to section 124D.549. new text end

new text begin Subd. 2. new text end

new text begin Teacher education and experience requirements. new text end

new text begin In addition to the general requirements in subdivision 1, a teacher must have at least one of: new text end

new text begin (1) 12 postsecondary semester credits and 480 hours of experience; new text end

new text begin (2) 100 hours of commissioner-approved training within the previous five years and 480 hours of experience. After initial qualification, a teacher qualified under this clause must fulfill at least 50 percent of in-service training requirements under section 142H.09, subdivision 10, with commissioner-approved trainings; new text end

new text begin (3) a credential or diploma from the American Montessori Society, Association Montessori International, or an institution accredited by the Montessori Accreditation Council for Teacher Education; new text end

new text begin (4) an accredited certificate in child development or early childhood education from a postsecondary institution; new text end

new text begin (5) an accredited diploma, associate's degree, or bachelor's degree in child development or early childhood education from a postsecondary institution; or new text end

new text begin (6) a Child Development Associate (CDA) credential; new text end

Sec. 7.

new text begin [142H.07] ASSISTANT TEACHERS. new text end

new text begin Subdivision 1. new text end

new text begin Assistant teacher general qualifications. new text end

new text begin An assistant teacher must work under the supervision of a teacher and be: new text end

new text begin (1) at least 18 years old; and new text end

new text begin (2) a graduate of a high school or hold an equivalent diploma attained through successful completion of the commissioner of education-selected high school equivalency test. new text end

new text begin Subd. 2. new text end

new text begin Assistant teacher education and experience requirements. new text end

new text begin In addition to the general requirements in subdivision 1, an assistant teacher must have at least one of: new text end

new text begin (1) at least six postsecondary semester credits; new text end

new text begin (2) at least 50 hours of commissioner-approved training within the previous five years. After initial qualification, an assistant teacher qualified under this clause must fulfill at least 50 percent of in-service training requirements under section 142H.09, subdivision 10, with commissioner-approved trainings; or new text end

new text begin (3) at least 160 hours of experience and be making progress toward any of the teacher qualifications in section 142H.06, subdivision 2, clauses (3) to (6). An assistant teacher qualified under this clause must be able to provide: new text end

new text begin (i) documentation of current enrollment; and new text end

new text begin (ii) evidence of working toward the successful completion of the credential. new text end

Sec. 8.

new text begin [142H.08] AIDES, VOLUNTEERS, AND SUBSTITUTES. new text end

new text begin Subdivision 1. new text end

new text begin Aide qualifications. new text end

new text begin (a) An aide must work under the supervision of a teacher or assistant teacher, except when performing the tasks in paragraph (b). An aide must be used pursuant to the staff distribution requirements in section 142H.10, subdivision 2. new text end

new text begin (b) An aide may work without being supervised by a teacher or assistant teacher when they are assisting with the supervision of sleeping children; assisting children with washing, toileting, and diapering; or accompanying children to and from the bus stop. new text end

new text begin (c) An aide must be at least 16 years old. new text end

new text begin Subd. 2. new text end

new text begin Volunteers. new text end

new text begin (a) A volunteer may work as a teacher, assistant teacher, aide, or substitute if the volunteer meets the requirements of that position. new text end

new text begin (b) The license holder must maintain a list of all volunteers with relevant information, including first and last name, whether the volunteer must be supervised at all times or may occasionally be unsupervised, and the first date of direct contact with children. new text end

new text begin (c) Unsupervised volunteers must successfully complete training as required in section 142H.09. new text end

new text begin (d) Supervised volunteers must successfully complete the training required in section 142H.09, subdivision 7. new text end

new text begin Subd. 3. new text end

new text begin Substitutes. new text end

new text begin (a) A substitute must either meet the requirements for the assigned staff position or be designated as an unqualified substitute by the director or the director designee. A director or director designee can designate a substitute as unqualified if: new text end

new text begin (1) a teacher is continuously on site, except as provided in section 142H.10, subdivision 2, paragraph (e); new text end

new text begin (2) when substituting as a teacher or assistant teacher, the unqualified substitute is aware of the unqualified substitute's designated staffing position; and new text end

new text begin (3) the unqualified substitute is at least 18 years of age. new text end

new text begin (b) All substitutes must successfully complete the required training under section 142H.09. new text end

new text begin Subd. 4. new text end

new text begin Tracking unqualified substitute hours. new text end

new text begin (a) The license holder must document the use of unqualified substitute hours on the day the unqualified substitute works. new text end

new text begin (b) In a calendar year, a license holder must not use unqualified substitutes more than 60 hours multiplied by the number of the center's classrooms. new text end

new text begin (c) A license holder must maintain a log of the use of unqualified substitutes in the center administrative record for review by the commissioner. The log must be on a form prescribed by the commissioner. new text end

Sec. 9.

new text begin [142H.09] STAFF ORIENTATION AND TRAINING. new text end

new text begin Subdivision 1. new text end

new text begin Orientation training. new text end

new text begin (a) Program staff persons must complete orientation training before providing direct contact services to a child. new text end

new text begin (b) The orientation training must include the following topics: new text end

new text begin (1) abusive head trauma for staff working with a child under school age pursuant to subdivision 8; new text end

new text begin (2) the center's policy on administration of medication pursuant to section 142H.29, subdivision 5; new text end

new text begin (3) the center's policy on allergy prevention and response pursuant to section 142H.15, subdivision 5; new text end

new text begin (4) the center's policy on behavior guidance pursuant to section 142H.13; new text end

new text begin (5) child passenger restraint systems pursuant to subdivision 9; new text end

new text begin (6) the center's child care program plan pursuant to section 142H.11; new text end

new text begin (7) the center's policy on cleaning, sanitizing, and disinfecting pursuant to section 142H.31; new text end

new text begin (8) the center's emergency preparedness plan and procedures pursuant to section 142H.23, subdivision 1; new text end

new text begin (9) procedures for the handling and disposal of bodily fluids pursuant to section 142H.29, subdivision 10; new text end

new text begin (10) the center's emergency and accident policies pursuant to section 142H.23, subdivision 2; new text end

new text begin (11) the center's health policies pursuant to section 142H.29; new text end

new text begin (12) individual child care program plan or plans pursuant to section 142H.15, if applicable; new text end

new text begin (13) job responsibilities specific to the individual's position at the center; new text end

new text begin (14) prevention and control of infectious diseases pursuant to section 142H.18; new text end

new text begin (15) the center's policy on research, cameras, and social media participation procedures pursuant to section 142H.22; new text end

new text begin (16) the center's policy on the use of alcohol, drugs, and tobacco products pursuant to section 142B.10, subdivision 1, paragraph (c); new text end

new text begin (17) recognition and reporting of maltreatment, abuse and neglect pursuant to chapter 260E; new text end

new text begin (18) the center's risk reduction plan pursuant to section 142H.24; new text end

new text begin (19) reduction of risk of sudden unexpected infant death pursuant to the requirements of subdivision 7 and section 142B.46; and new text end

new text begin (20) transportation and field trip safety procedures pursuant to section 142H.33. new text end

new text begin (c) Training for orientation may be used to meet in-service training requirements. new text end

new text begin Subd. 2. new text end

new text begin Child care basics training. new text end

new text begin (a) Any program staff person hired after July 1, 2027, must complete child care licensing basics training no more than 90 days after the first date of direct contact with a child, unless the person has completed the training within the previous two years. new text end

new text begin (b) Child care basics training covers information on effectively working in a child care center setting in Minnesota. Child care basics training must be developed and updated by the commissioner. Child care basics training may be used to meet in-service training requirements. new text end

new text begin Subd. 3. new text end

new text begin Child development and learning training. new text end

new text begin (a) Program staff persons must complete at least two hours of child development and learning training within 90 days after the first date of direct contact with a child and every two calendar years thereafter. For the purposes of this subdivision, "child development and learning training" means any training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community. new text end

new text begin (b) An individual is exempt from this subdivision if the individual: new text end

new text begin (1) has taken a three-credit college course on early childhood development within the past five years; new text end

new text begin (2) has received a bachelor's or master's degree in early childhood education or school-age child care within the past five years; new text end

new text begin (3) is licensed in Minnesota as a prekindergarten teacher, an early childhood educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an early childhood special education teacher, or an elementary teacher with a kindergarten endorsement; or new text end

new text begin (4) has received a Montessori certificate or diploma issued by American Montessori Society, Association Montessori International, or an institution accredited by the Montessori Accreditation Council for Teacher Education within the past five years. new text end

new text begin Subd. 4. new text end

new text begin Pediatric first aid. new text end

new text begin (a) Before direct contact with a child, a program staff person must satisfactorily complete pediatric first aid. Pediatric first aid training completed within the previous two calendar years meets this requirement. new text end

new text begin (b) Notwithstanding paragraph (a), a program staff person who has yet to complete initial pediatric first aid training may provide direct contact services within 90 days after the first date of direct contact with a child while under the continuous direct supervision of an individual who has met the pediatric first aid training requirements of this subdivision. For purposes of this paragraph, "continuous direct supervision" means the program staff person is within sight or hearing of the program's supervising individual and the program's supervising individual is capable at all times of intervening to protect the health and safety of the children served by the program. new text end

new text begin (c) The first aid training must have been provided by an individual approved to provide pediatric first aid instruction. new text end

new text begin (d) A program staff person must complete training in pediatric first aid every two calendar years. Documentation of the training must be maintained at the center. new text end

new text begin (e) Online training reviewed and approved by the commissioner satisfies the training requirement of this subdivision. new text end

new text begin (f) Pediatric first aid training in this subdivision must not be used to meet in-service training requirements under subdivision 10. new text end

new text begin Subd. 5. new text end

new text begin Pediatric cardiopulmonary resuscitation. new text end

new text begin (a) Before direct contact with a child, a program staff person must satisfactorily complete pediatric cardiopulmonary resuscitation (CPR) training, including CPR techniques for infants and children and the treatment of obstructed airways. Pediatric CPR training completed within the previous two calendar years meets this requirement. new text end

new text begin (b) Notwithstanding paragraph (a), a program staff person who has yet to complete initial pediatric CPR training may provide direct contact services within 90 days after the first date of direct contact with a child, if they are under the continuous direct supervision of an individual who has met pediatric CPR training requirements under this subdivision. For the purposes of this paragraph, "continuous direct supervision" means the individual is within sight or hearing of the program's supervising individual to the extent that the program's supervising individual is capable at all times of intervening to protect the health and safety of the children served by the program. new text end

new text begin (c) A program staff person must complete training in pediatric CPR every two calendar years. A center must maintain documentation of the trainings on site. new text end

new text begin (d) A pediatric CPR training under this subdivision must incorporate a hands-on skill session to support the instruction and have been developed: new text end

new text begin (1) by the American Heart Association or the American Red Cross; or new text end

new text begin (2) using nationally recognized, evidence-based guidelines for pediatric CPR training. new text end

new text begin (e) Pediatric CPR training must not be used to meet in-service training requirements under subdivision 10. new text end

new text begin Subd. 6. new text end

new text begin Sudden unexpected infant death training. new text end

new text begin (a) Before direct contact with infants, program staff persons and volunteers must receive training on the standards under section 142B.46 and on reducing the risk of sudden unexpected infant death during orientation and each calendar year thereafter. new text end

new text begin (b) Sudden unexpected infant death reduction training required under this subdivision must be at least one-half hour in length and include at minimum the infant sleep standards under section 142B.46, the risk factors related to sudden unexpected infant death, methods of reducing the risk of sudden unexpected infant death in child care, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death. new text end

new text begin (c) Training taken under this subdivision may be used to meet the in-service training requirements under subdivision 10. new text end

new text begin Subd. 7. new text end

new text begin Abusive head trauma training. new text end

new text begin (a) Before direct contact with children under school age, a program staff person must receive training on the risk of abusive head trauma during orientation and each calendar year thereafter. new text end

new text begin (b) Abusive head trauma training under this subdivision must be at least one-half hour in length and include at minimum the risk factors related to shaking infants and young children, methods of reducing the risk of abusive head trauma in child care, and license holder communication with parents regarding reducing the risk of abusive head trauma. new text end

new text begin (c) training taken under this subdivision may be used to meet the in-service training requirements under subdivision 10. new text end

new text begin Subd. 8. new text end

new text begin Child passenger restraint systems; training requirement. new text end

new text begin (a) Before a license holder transports a child or children under age nine in a motor vehicle, the person placing the child or children in a passenger restraint must satisfactorily complete training on the proper use and installation of child restraint systems in motor vehicles. new text end

new text begin (b) Training required under this subdivision must be repeated at least once every five years and include at minimum the proper use of child restraint systems based on the size, weight, and age of the child and the proper installation of a car seat or booster seat in the motor vehicle used by the license holder to transport the child or children. new text end

new text begin (c) Training required under this subdivision must be provided by individuals who are certified and approved by the Department of Public Safety, Office of Traffic Safety. new text end

new text begin (d) Training completed under this subdivision may be used to meet in-service training requirements under subdivision 10. Staff training completed within the previous five years is transferable upon change in employment to another child care center. new text end

new text begin Subd. 9. new text end

new text begin In-service training requirements. new text end

new text begin (a) A license holder must ensure that program staff persons complete in-service training. new text end

new text begin (b) In-service training completed within the past 12 months by a program staff person that is not specific to a child care center is transferable upon the program staff person's change in employment to another child care program. The program staff person must provide documentation of the completed training to the new child care program. new text end

new text begin (c) All program staff persons, except substitutes and unsupervised volunteers, who work more than 20 hours per week must complete at least 20 hours of in-service training each calendar year. new text end

new text begin (d) All program staff persons, except substitutes and unsupervised volunteers, who work 20 hours or less per week must complete at least ten hours of in-service training each calendar year. new text end

new text begin (e) Substitutes and unsupervised volunteers must complete a minimum of two hours of training each calendar year and the training must include the topics identified under subdivision 11. new text end

new text begin (f) The number of in-service training hours may be prorated for center directors and program staff persons not employed for an entire year or on a documented leave of absence. new text end

new text begin (g) Pediatric first aid and pediatric CPR training must not be used to meet in-service training requirements. new text end

new text begin Subd. 10. new text end

new text begin In-service content. new text end

new text begin (a) Each calendar year, in-service training must include the following: new text end

new text begin (1) abusive head trauma training of at least one-half hour duration for individuals working with a child under school age pursuant to subdivision 8; new text end

new text begin (2) the center policies and procedures for maintaining health and safety, including: new text end

new text begin (i) allergy prevention and response training pursuant to section 142H.15, subdivision 5; new text end

new text begin (ii) emergency preparedness and procedures pursuant to section 142H.23, subdivision 1; new text end

new text begin (iii) handling emergencies, accidents, incidents, and injuries pursuant to section 142H.23, subdivision 2; and new text end

new text begin (iv) handling and disposal of bodily fluids pursuant to section 142H.29, subdivision 10; new text end

new text begin (3) maltreatment, abuse, and neglect reporting pursuant to chapter 260E; new text end

new text begin (4) reduction of risk of sudden unexpected infant death training of at least one-half hour duration for individuals working with infants pursuant to the requirements of subdivision 7 and section 142B.46; new text end

new text begin (5) a risk reduction plan pursuant to section 142H.24; new text end

new text begin (6) the center policies and procedures on behavior guidance pursuant to section 142H.13; and new text end

new text begin (7) the center policies and procedures on supervision pursuant to section 142H.24. new text end

new text begin (b) At least once every two calendar years, in-service training must include the following: new text end

new text begin (1) child development and learning pursuant to subdivision 4; new text end

new text begin (2) at least one hour on cultural awareness and inclusion; new text end

new text begin (3) pediatric first aid that meets the requirements of subdivision 5; new text end

new text begin (4) pediatric cardiopulmonary resuscitation training that meets the requirements of subdivision 5; and new text end

new text begin (5) at least one hour on identifying and supporting children with special needs. new text end

new text begin (c) At least once every five calendar years, training must include child passenger restraint systems pursuant to subdivision 9, if applicable. new text end

new text begin (d) The remaining hours of the in-service training requirement must be met by completing training in the Minnesota knowledge and competency framework areas. new text end

new text begin Subd. 11. new text end

new text begin Documentation required. new text end

new text begin (a) The license holder must document completed training for program staff persons in a manner prescribed by the commissioner. new text end

new text begin (b) For pediatric first aid and CPR trainings, the license holder must maintain copies of training cards or certificates issued by the training organization. new text end

Sec. 10.

new text begin [142H.10] STAFF RATIOS, GROUP SIZE, AND STAFF DISTRIBUTION. new text end

new text begin Subdivision 1. new text end

new text begin Staff-to-child ratios and maximum group size. new text end

new text begin (a) Except as provided in this subdivision and section 142H.12 regarding naps and rest, the minimally acceptable staff-to-child ratios and the maximum group size within each age category are: new text end

new text begin Age Category new text end	new text begin Staff-to-Child Ratio new text end	new text begin Maximum Group Size new text end
new text begin Infant new text end	new text begin 1:4 new text end	new text begin 8 new text end
new text begin Toddler new text end	new text begin 1:7 new text end	new text begin 14 new text end
new text begin Preschooler new text end	new text begin 1:10 new text end	new text begin 20 new text end
new text begin School-age child new text end	new text begin 1:15 new text end	new text begin 30 new text end

new text begin (b) Except for groups that include an infant, the staff-to-child ratio may be doubled for no more than two hours during nap time. During the nap time, there must be enough program staff persons in the facility to meet staff-to-child ratio and staff distribution requirements under paragraph (a) and subdivision 2 for the groups in case of an emergency. The program must return to following the staff-to-child ratios and staff distribution requirements under paragraph (a) and subdivision 2 when the number of awake children exceeds the number of children who could be supervised by one program staff person under subdivision 1. new text end

new text begin (c) The maximum group size applies at all times except during meals, outdoor activities, field trips, naps and rest, and special activities at the center such as guest speakers and holiday programs. new text end

new text begin Subd. 2. new text end

new text begin Staff distribution. new text end

new text begin (a) The license holder must ensure that the following requirements for staff distribution are met and a documented staff schedule is kept in the administrative record. new text end

new text begin (b) Except as provided in paragraphs (d) and (e), staff distribution within each age category must be as follows: new text end

new text begin (1) the first staff member needed to meet the required staff child ratio must be a teacher; new text end

new text begin (2) the second staff member must have at least the qualifications of an aide; new text end

new text begin (3) the third staff member must have at least the qualifications of an assistant teacher; and new text end

new text begin (4) the fourth staff member must have at least the qualifications of an aide. new text end

new text begin (c) Only a program staff person can be included in meeting the staff-to-child ratios in this section. new text end

new text begin (d) An aide must not work alone with a child unless the aide is performing certain duties as specified in section 142H.08, subdivision 1, paragraph (b). new text end

new text begin (e) An assistant teacher or an aide may be substituted for a teacher during arrival and departure times if the total arrival and departure time does not exceed 25 percent of the center's daily hours of operation. For an aide to be substituted for a teacher under this subdivision, the aide must: new text end

new text begin (1) be 18 years of age or older; new text end

new text begin (2) have been employed by the child care center for a minimum of 30 days; and new text end

new text begin (3) have completed the training required under section 142H.09, including orientation and the training required within the first 90 days of the first date of direct contact with a child. new text end

new text begin (f) A volunteer who is included in the staff-to-child ratio must meet the requirements for the assigned staff position in sections 142H.06 to 142H.08. new text end

new text begin (g) The pattern in paragraph (e) must be repeated until the number of staff needed to meet the staff-to-child ratio for each age category has been achieved. new text end

new text begin Subd. 3. new text end

new text begin Age category grouping. new text end

new text begin (a) Each center must specify arrival and departure times of the day in their program's policies. Children in different age categories may be grouped according to paragraphs (b) and (c). new text end

new text begin (b) During arrival and departure times, children in different age categories may be grouped together if: new text end

new text begin (1) the staff-to-child ratio, group size, and staff distribution applied are for the age category of the youngest child present; and new text end

new text begin (2) the group is divided when the number of children present reaches the maximum group size of the youngest child present. new text end

new text begin (c) Outside of arrival and departure times, children in different age categories may be mixed within a group if: new text end

new text begin (1) infants are not grouped with children of other age categories; new text end

new text begin (2) there is no more than a 36-month range in age among children in a group, unless all children in the group are school age; and new text end

new text begin (3) the staff-to-child ratios, group size, and staff distribution applied are for the youngest child present. new text end

new text begin Subd. 4. new text end

new text begin Age designation. new text end

new text begin (a) Except as provided in this subdivision, a child must be designated as a member of the age category that is consistent with the date of birth of the child. new text end

new text begin (b) A child with special health care needs must be included in the group that best meets the child's developmental needs, best interest of the child, and in accordance with the individual child care program plan for the child. new text end

new text begin (c) A child may be designated as an "infant" up to the age of 18 months if the parent, teacher, and director determine that such a designation is in the best interest of the child. The center must document the determination and designation in the file of the child. new text end

new text begin (d) A child may be designated as a "toddler" up to the age of 35 months if the parent, teacher, and director determine that the designation is in the best interest of the child. The center must document the determination and designation in the file of the child. new text end

new text begin (e) A child may be designated as a "preschooler" at the age of 31 months if the parent, teacher, and director determine that the designation is in the best interest of the child. The center must document the determination and designation in the file of the child. new text end

new text begin (f) When a child is transitioning age groups pursuant to subdivision 5 and with the child's new class, the child must be designated as if the child has already aged into the class. new text end

new text begin Subd. 5. new text end

new text begin Transitioning children. new text end

new text begin (a) Transitions to the next age group may occur up to two weeks prior to the child aging into the next age group. The transition must be planned in advance based on the child's readiness and in consultation with parents and program staff. new text end

new text begin (b) A center must develop a written policy on transitioning children to the next age group. new text end

Sec. 11.

new text begin [142H.11] CHILD CARE PROGRAM PLAN AND ACTIVITIES. new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin The child care program plan must: new text end

new text begin (1) include a statement mandating that children are supervised at all times as defined in section 142H.01, subdivision 38, and pursuant to the requirements of section 142H.24, subdivision 1; new text end

new text begin (2) specify the age categories and number of children to be served by the program; new text end

new text begin (3) specify the days and hours of operation of the program; new text end

new text begin (4) describe the general educational methods to be used by the program and the religious, political, or philosophical basis, if any; new text end

new text begin (5) be developed and evaluated in writing each calendar year by a program staff person qualified as a teacher or director under sections 142H.05 and 142H.06. Documentation of the evaluation, the date of the evaluation, and the signature of the teacher or director completing the evaluation must be maintained in the center administrative records; new text end

new text begin (6) specify planned activities designed to support and nurture the whole child in all areas of the development and learning of the child, including but not limited to the following: intellectual, social, emotional, and physical development. The activities must be in a manner consistent with the cultural and ethnic backgrounds of a child, as feasible; new text end

new text begin (7) specify that the intellectual, social, emotional, and physical development of each child be documented in the record of the child and conveyed to the parent during the conferences specified under section 142H.20, subdivision 2; new text end

new text begin (8) include a daily schedule of planned indoor and outdoor activities for each age category served; new text end

new text begin (9) specify activities that are quiet, active, teacher directed, and child initiated; new text end

new text begin (10) specify a variety of activities that require the use of varied equipment and materials; new text end

new text begin (11) include a schedule if equipment is rotated between groups of children; new text end

new text begin (12) describe use of technology and screen time for each age category; and new text end

new text begin (13) be available to a parent for review upon request. new text end

new text begin Subd. 2. new text end

new text begin Outdoor activities. new text end

new text begin (a) Child care activities must promote the physical, intellectual, social, and emotional development of the child. To facilitate child development, programs must include daily outdoor activities when weather conditions allow, as defined in this subdivision. new text end

new text begin (b) The applicant must develop a written outdoor weather and activity policy. The license holder must ensure that the policies and procedures are carried out. The policies and procedures must incorporate guidance from national, state, or local authorities in public health and at a minimum require the provider to consider the following conditions when determining if outdoor play poses a health and safety risk: new text end

new text begin (1) heat in excess of 100 degrees Fahrenheit accounting for heat index, or pursuant to advice of the local authority; new text end

new text begin (2) cold less than 15 degrees Fahrenheit accounting for wind chill, or pursuant to advice of the local authority; new text end

new text begin (3) extreme weather, including but not limited to a lightning storm, blizzard, tornado, or flooding; new text end

new text begin (4) an air quality emergency order by a local or state authority on air quality or public health; or new text end

new text begin (5) a lockdown notification ordered by a public safety authority. new text end

new text begin (c) The center's outdoor weather and activity policy must specify, if children are to go outside beyond the temperature range specified in paragraph (b), clauses (1) and (2), what procedures will be used to keep the children safe, including but not limited to ensuring children have appropriate clothing, providing frequent indoor breaks, or matching the intensity of the activity level to the weather conditions. new text end

new text begin (d) For toddlers, preschool, and school-age children attending four or more hours per day, the license holder must provide at least one opportunity for outdoor activity per day pursuant to paragraph (b). new text end

new text begin (e) For infants attending four or more hours per day, the license holder must provide at least one opportunity for outdoor activity per day as practicable, pursuant to paragraph (b) and the individual needs of the infants in care. new text end

new text begin (f) Programs operating three or fewer hours per day are exempt from the daily outdoor activity requirement. new text end

new text begin (g) If the weather is not suitable for outdoor activities, the program must provide indoor gross motor play activities that support physical development. new text end

Sec. 12.

new text begin [142H.12] NAPS AND REST. new text end

new text begin Subdivision 1. new text end

new text begin Naps and rest policy. new text end

new text begin An applicant must develop and a license holder must implement a policy for naps and rest that is consistent with the developmental level of the children enrolled in the center. The policy must include but is not limited to the requirements in this section, as applicable. new text end

new text begin Subd. 2. new text end

new text begin Parent consultation. new text end

new text begin The parent of each child must be informed at the time the child is enrolled of the center's policy on naps and rest and be offered the opportunity to provide information specific to their child. new text end

new text begin Subd. 3. new text end

new text begin General nap and rest requirements. new text end

new text begin (a) The child care center must provide a quiet space for children to nap and rest. new text end

new text begin (b) Nap and rest time must be in accordance with the developmental needs of the child. A child care center may not withhold sleep or rest from a child, including at a parent's request, if such time is allowed in the child care center's naps and rest policy. new text end

new text begin (c) Nap and rest areas must be lighted to allow for visual supervision of all children at all times. new text end

new text begin (d) Evacuation routes must not be blocked by resting or napping children. Each child must have a free and direct means of escape, and the staff must have a clear path to each resting child, including full access to at least one long side of a crib, cot, or mat. new text end

new text begin (e) A crib that meets the safety requirements of section 142B.45 must be provided for each infant for whom the center is licensed to provide care. new text end

new text begin (f) The license holder must follow the infant safe sleep requirements under section 142B.46. new text end

new text begin (g) Cribs, cots, and mats must be placed directly on the floor and must not be stacked when in use. new text end

new text begin Subd. 4. new text end

new text begin Monitoring napping infants. new text end

new text begin (a) An infant must be supervised as defined in section 142H.01, subdivision 38, and pursuant to section 142H.24, subdivision 1, paragraph (b). new text end

new text begin (b) Staff must conduct in-person checks of the sleeping infant every 15 minutes. new text end

new text begin (c) When a baby monitor or other mechanical equipment is used to hear or see infants during sleep, the monitoring equipment must be: new text end

new text begin (1) able to pick up the sounds of all infants in the separate room; new text end

new text begin (2) actively monitored by program staff at all times; and new text end

new text begin (3) checked daily prior to use to ensure it is working correctly. If equipment is malfunctioning, a program staff person must put in place an alternate means of supervision until the equipment can be fixed. new text end

new text begin Subd. 5. new text end

new text begin Confinement limitation. new text end

new text begin A child who has completed a nap or rested quietly for 30 minutes must not be required to remain on a cot, mat, or in a crib. Any child who does not fall asleep during a designated nap time must have the opportunity to engage in quiet activities. new text end

new text begin Subd. 6. new text end

new text begin Bedding and sleeping equipment. new text end

new text begin Separate bedding must be provided and stored separately for each child in care. new text end

Sec. 13.

new text begin [142H.13] BEHAVIOR GUIDANCE. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Behavior guidance" means an ongoing process where a program staff person offers constructive, positive, and developmentally appropriate guidance to a child to help manage the child's behavior in a socially acceptable manner. new text end

new text begin (c) "Persistent unacceptable behavior" means when a child: new text end

new text begin (1) exhibits behaviors that present a serious safety risk for the child or others and the program is not able to reduce or eliminate the safety concern; or new text end

new text begin (2) significantly disrupts the learning environment and requires an increased amount of staff guidance and time to address the child's behavior. Significantly disruptive behavior may include physical aggression, verbal threats, or repetitive behaviors that have been addressed through standard behavior guidance techniques without improvement. new text end

new text begin (d) "Redirection" means a positive guidance technique where a program staff person intervenes and guides a child away from potential problems toward constructive activity or talks with a child to help the child calm down and self-regulate. new text end

new text begin (e) "Separation" means a form of behavior guidance that involves interruption of unacceptable behavior by the removal of a child from a situation with the intention of allowing the child an opportunity to pause and gain self-control. During a separation a child is isolated from participating in activities with other children. Separation of children must be done pursuant to subdivision 7. new text end

new text begin Subd. 2. new text end

new text begin Behavior guidance policies and procedures. new text end

new text begin The applicant must develop written behavior guidance policies and procedures approved by the commissioner. The license holder must ensure that the policies and procedures are carried out. The policies and procedures must include: new text end

new text begin (1) methods of promoting positive behavior as specified under subdivision 3; new text end

new text begin (2) prohibited actions as specified under subdivision 4; new text end

new text begin (3) addressing persistent unacceptable behavior as specified under subdivision 6; and new text end

new text begin (4) separation from the group as specified in subdivision 7. new text end

new text begin Subd. 3. new text end

new text begin Methods of promoting positive behavior. new text end

new text begin A license holder must promote positive behavior by: new text end

new text begin (1) ensuring that each child is provided with a positive model of acceptable behavior; new text end

new text begin (2) tailoring methods of promoting positive behavior to the developmental level of the children the center is licensed to serve; new text end

new text begin (3) ensuring redirection is used, as appropriate in addressing the behavior of a child, to guide a child away from potential problems and toward constructive activity or to talk with a child to help them calm down and self-regulate; new text end

new text begin (4) teaching children how to use acceptable alternatives to problem behavior to reduce conflict; new text end

new text begin (5) protecting the safety and well-being of children, employees, and volunteers; and new text end

new text begin (6) providing immediate and directly related consequences for the unacceptable behavior of a child. new text end

new text begin Subd. 4. new text end

new text begin Prohibited actions. new text end

new text begin A license holder must prohibit the following actions by or at the direction of employees or volunteers: new text end

new text begin (1) subjecting a child to corporal or physical punishment, including but not limited to rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, spitting, hitting, or spanking; new text end

new text begin (2) subjecting a child to name calling, ostracism, shaming, derogatory remarks about the child or the child's family, cultural or racial slurs, yelling, or profane language that threatens, humiliates, or frightens the child; new text end

new text begin (3) forcing a child to maintain an uncomfortable position or to continuously repeat physical movements; new text end

new text begin (4) utilizing group punishments for the behavior of an individual child; new text end

new text begin (5) separation of a child from the group except as provided in subdivision 7; new text end

new text begin (6) punishment for not resting, napping, or sleeping; toileting accidents; failing to eat all or part of meals or snacks; or failing to complete an activity; new text end

new text begin (7) denial of food or drink or forcing food or drink upon a child; new text end

new text begin (8) denial of light, warmth, clothing, or medical care as a punishment for unacceptable behavior; new text end

new text begin (9) the use of physical restraint other than to physically hold a child when containment is necessary to protect the child or others from harm; new text end

new text begin (10) the use of mechanical restraints, including tying a child up, or any device or equipment intended to restrict or prevent movement as a means of discipline or for reasons unrelated to the child's care, safety, or planned activity; new text end

new text begin (11) the use of prone or contraindicated restraints as prohibited in section 245A.211; new text end

new text begin (12) the use of any substance given to a child to subdue or restrict movement or behavior; new text end

new text begin (13) discipline and punishment must not be delegated to another child; and new text end

new text begin (14) punishing or shaming a child for the actions of a parent, including but not limited to failure to pay fees, failure to provide appropriate clothing, failure to provide materials for an activity, or any conflict between the license holder or staff and the parent. new text end

new text begin Subd. 5. new text end

new text begin Additional provisions. new text end

new text begin (a) When providing services to a child with a developmental disability or related condition, the license holder must follow section 142B.63. new text end

new text begin (b) A program that cares for a child with a developmental disability or related condition must comply with the individual child care program plan requirements under section 142H.15. new text end

new text begin Subd. 6. new text end

new text begin Persistent unacceptable behavior. new text end

new text begin (a) A program staff person who observes persistent unacceptable behavior must document the behavior of the child and staff response to the behavior, including: new text end

new text begin (1) information on where the child was, what activity the child was doing, and the employees or volunteers present when the incident occurred; and new text end

new text begin (2) staff actions, including the positive guidance techniques that were tried. new text end

new text begin (b) When persistent unacceptable behavior as defined in subdivision 1, paragraph (c), occurs, a behavior plan must be developed to address the behavior documented in paragraph (a) in consultation with the child's parent, the program staff, and other professionals involved in the care and treatment of the child, as appropriate. The behavior plan must include but is not limited to the following: new text end

new text begin (1) a description of the specific behavior; new text end

new text begin (2) the planned behavior management method to be used in response to the behavior pursuant to subdivision 3 or any other previously approved methods; and new text end

new text begin (3) an area to document the effectiveness of the plan and progress of the child. new text end

new text begin (c) The plan must be signed and dated by the child's parent, the director, and other professionals involved in the care and treatment of the child, as applicable, and kept in the child's record. new text end

new text begin (d) The plan and the child's progress must be reviewed at least twice each calendar year, or more frequently as needed, and changes must be made based on the child's needs and the input of the child's parent, program staff, or other individuals involved in the provision of care and treatment of the child. Documentation of the review must be kept in the child's record. If the child's parent and the program staff agree that the behavior plan is no longer needed, the license holder must document the date the behavior plan is no longer in effect. new text end

new text begin (e) The license holder must ensure that all staff who work directly with the child are trained on the behavior plan prior to working with the child or when a new behavior plan is developed. Documentation of staff training must be maintained on file. new text end

new text begin (f) The license holder must ensure that all staff who work directly with the child are trained on the behavior plan prior to working with the child or when a new behavior plan is developed. Documentation of staff training must be maintained on file. new text end

new text begin Subd. 7. new text end

new text begin Separation time from the group. new text end

new text begin No child may be separated from the group unless the license holder has tried less intrusive methods of guiding the child's behavior that have been ineffective and the behavior of the child threatens the well-being of the child or other children in the center. Separation from the group must meet the following requirements: new text end

new text begin (1) the separation time must be limited to the amount of time necessary for the child to gain self-control and rejoin the group; new text end

new text begin (2) the duration of separation of the child must be documented, including the beginning and end time of the separation; new text end

new text begin (3) infants and toddlers must not be separated from the group as a means of behavior guidance. Positive behavior guidance techniques such as redirection may be used with toddlers; and new text end

new text begin (4) the child must be supervised as defined under section 142H.01, subdivision 38, while separated. new text end

Sec. 14.

new text begin [142H.14] FURNISHINGS, EQUIPMENT, MATERIALS AND SUPPLIES. new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) Each center must have on the premises the quantity and type of equipment and materials necessary to implement the child care program plan under section 142H.11 and the indoor and outdoor equipment requirements in subdivisions 2 and 3. new text end

new text begin (b) Equipment and furniture must be durable, in good repair, structurally sound, stable, and free of sharp edges, dangerous protrusions, points where extremities of a child could be pinched or crushed, and openings or angles that could trap part of a child. new text end

new text begin (c) License holders and program staff must ensure equipment and furnishings are not hazardous objects as specified in section 142H.34, subdivision 17. new text end

new text begin (d) Equipment designed and marketed for use by children must be appropriate to the age and size of children and used in accordance with the manufacturer's instructions. Equipment and play materials not designed or marketed for use by children, including but not limited to repurposed, homemade, and open-ended items, must be appropriate to the age and size of children, in good repair, and used under the supervision of a program staff person. Such equipment and play materials are not required to have manufacturer's instructions and are subject to the requirements of this subdivision. new text end

new text begin Subd. 2. new text end

new text begin Indoor play equipment. new text end

new text begin The license holder must provide sufficient indoor play equipment and materials so that at any point in the day when children are indoors and using equipment every child can choose from at least three activities involving equipment or materials. The quantity of indoor equipment provided must be based on the maximum licensed capacity of the classroom and must be accessible to children as specified in subdivision 5. new text end

new text begin Subd. 3. new text end

new text begin Outdoor play equipment. new text end

new text begin The license holder must provide sufficient outdoor play equipment and materials so that when all children are outdoors every child can choose from at least one activity involving equipment or materials. The quantity of outdoor equipment and materials provided must be based on the maximum licensed capacity and must be accessible to children as specified in subdivision 5. new text end

new text begin Subd. 4. new text end

new text begin Interest areas. new text end

new text begin The license holder must have equipment and materials in each of the following developmental and interest areas to support a child's learning and growth: new text end

new text begin (1) creative arts and crafts; new text end

new text begin (2) construction and building; new text end

new text begin (3) social interaction, dramatic play, or practical life activities; new text end

new text begin (4) math and science; new text end

new text begin (5) music; new text end

new text begin (6) fine motor skills; new text end

new text begin (7) physical and movement activities; new text end

new text begin (8) sensory exploration activities; and new text end

new text begin (9) language and literacy. new text end

new text begin Subd. 5. new text end

new text begin Equipment rotation and accessibility. new text end

new text begin A child care program may rotate equipment throughout the day as specified in the child care program plan if the number of choices required in subdivisions 2 and 3 is available for each child in attendance. Equipment and materials from each interest area must be accessible to children at least once per day. new text end

new text begin Subd. 6. new text end

new text begin Furnishings. new text end

new text begin The license holder must ensure that each child has access to furniture that is developmentally appropriate and the appropriate size, including at a minimum: new text end

new text begin (1) one diaper changing table for every 12 infants or 14 toddlers. The same table may not be counted to fulfill the requirement under this clause for both infants and toddlers; new text end

new text begin (2) one hands-free covered diaper container per diaper changing table; new text end

new text begin (3) one crib and waterproof mattress per infant, including enough cribs with wheels to evacuate the number of infants the program is licensed to serve; new text end

new text begin (4) one cot or mat per toddler or preschooler. This clause does not apply to programs operating for less than five hours per day if rest is not indicated as part of the center's child care program; new text end

new text begin (5) for infants, one nonfolding seating option per child based on licensed capacity; and new text end

new text begin (6) for toddlers, preschoolers, and school-age children, one nonfolding seating option per child based on licensed capacity, with a corresponding amount of table space to allow the child to do table work or eat a meal while seated. new text end

new text begin Subd. 7. new text end

new text begin Supplies. new text end

new text begin (a) The license holder must maintain enough diapers, disposable paper for the diaper changing table, facial tissues, liquid hand soap, and single-service towels to maintain cleanliness and sanitation for children in care. new text end

new text begin (b) The license holder must provide at least two sets of sheets for each crib. new text end

Sec. 15.

new text begin [142H.141] NATURAL ELEMENTS AND MATERIALS. new text end

new text begin Subdivision 1. new text end

new text begin Natural elements and materials. new text end

new text begin A license holder may provide children with access to natural elements and materials as equipment and play materials. Natural elements and materials and appropriate uses of natural elements and materials include, but are not limited to: new text end

new text begin (1) natural loose parts, such as sticks, leaves, pine cones, acorns, seeds, pods, bark, and moss for construction, art, sensory exploration, and imaginative play; new text end

new text begin (2) natural materials, such as dirt, mud, sand, water, ice, and snow for sensory play and exploration; new text end

new text begin (3) plants, flowers, seeds, vegetables, and gardening materials for science exploration and learning; new text end

new text begin (4) rocks, pebbles, stones, and minerals for counting, sorting, building, and art; new text end

new text begin (5) natural areas such as gardens, prairie, forest, wetlands, and ponds for exploration and learning; and new text end

new text begin (6) other natural elements as appropriate to age and development of children. new text end

new text begin Subd. 2. new text end

new text begin Supervision. new text end

new text begin A program staff person must supervise a child's use of natural elements and materials and provide guidance on safe and appropriate use. Natural elements and materials that are a choking hazard must not be accessible to children under the age of three without direct supervision of a program staff person. new text end

new text begin Subd. 3. new text end

new text begin Other uses. new text end

new text begin Natural elements and materials may qualify as equipment and materials from interest areas under section 142H.14, subdivision 4. new text end

Sec. 16.

new text begin [142H.15] CHILDREN WITH SPECIAL HEALTH CARE NEEDS OR DISABILITIES. new text end

new text begin Subdivision 1. new text end

new text begin Child with special health care needs or disabilities. new text end

new text begin For the purposes of this section, "child with special health care needs or disabilities" means a child who: new text end

new text begin (1) has developmental disabilities or is otherwise eligible for case management pursuant to Minnesota Rules, parts 9525.0004 to 9525.0036; new text end

new text begin (2) has been identified by the local school district as a child with a disability as defined in section 125A.02, subdivision 1; or new text end

new text begin (3) has been determined by a health care provider as defined in section 142H.01, subdivision 22; licensed psychiatrist; licensed psychologist; or licensed consulting psychologist as having a special health care need or disability relating to physical, social, or emotional development. new text end

new text begin Subd. 2. new text end

new text begin Report to parent. new text end

new text begin The license holder must inform the parent when there is a developmental concern or potential special health care need of a child that was not previously identified. new text end

new text begin Subd. 3. new text end

new text begin Individual child care program plan. new text end

new text begin (a) When a license holder admits a child with a disability or special health care need or a special need is identified, the license holder must ensure that an individual child care program plan (ICCPP) is developed in a form and manner prescribed by the commissioner to meet the child's individual needs. new text end

new text begin (b) When developing or updating the ICCPP, the license holder must obtain relevant information from the child's parent and program staff who work directly with the child. new text end

new text begin (c) For a child who meets the criteria in subdivision 1, clause (1), the ICCPP must be coordinated with the child's individual service plan (ISP). new text end

new text begin (d) For a child who meets the criteria in subdivision 1, clause (2), the ICCPP must be coordinated with the child's individualized educational plan (IEP). new text end

new text begin (e) For a child who meets the criteria in subdivision 1, clause (3), the ICCPP must be coordinated with the child's health care provider or other necessary medical professionals. new text end

new text begin (f) The license holder must ensure that all program staff who work directly with the child are trained on the ICCPP prior to working with the child. Documentation of staff training must be maintained on file. new text end

new text begin (g) Before the ICCPP is implemented, the parent and the director must sign and date the form. The ICCPP must be kept in the child's record. new text end

new text begin (h) The ICCPP must be reviewed and updated at least once each calendar year and more frequently if needed. The ICCPP must be signed and dated by the parent and the director upon their yearly review. new text end

new text begin (i) The most recent ICCPP must be available at all times to program staff when the child is in care. new text end

new text begin Subd. 4. new text end

new text begin Inclusion. new text end

new text begin All activities must be designed to include all children unless a specific medical contraindication exists or an exclusion is otherwise specified in a child's ICCPP. new text end

new text begin Subd. 5. new text end

new text begin Allergy prevention and response. new text end

new text begin (a) An applicant must develop a written policy on allergy prevention and response. A license holder must ensure the policy is carried out and provided to parents at the time of enrollment. new text end

new text begin (b) Before admitting a child for care, the license holder must obtain documentation of any known allergy from the child's parent or the child's health care provider. new text end

new text begin (c) If a child has a known allergy, the license holder must maintain current information about the allergy in the child's record and develop an ICCPP pursuant to subdivision 3, including: new text end

new text begin (1) a description of the allergy; new text end

new text begin (2) specific triggers and avoidance techniques; new text end

new text begin (3) symptoms of an allergic reaction; new text end

new text begin (4) procedures for responding to an allergic reaction, including medication to be administered in an emergency situation and dosages; and new text end

new text begin (5) the child's health care provider contact information. new text end

new text begin (d) If a child has an ICCPP related to a food allergy, the ICCPP must be readily available to the person in the area where food is prepared and served to the child. If food is prepared off site, the center must notify the person or entity preparing the food of any food allergies of children in their care. Food allergy information for all children in care must be readily available to staff in the classroom and wherever food is served. new text end

new text begin (e) The license holder must contact the parent of the child immediately after any instance of exposure or allergic reaction. new text end

new text begin (f) The license holder must call 911 when epinephrine is administered to a child in care. new text end

new text begin Subd. 6. new text end

new text begin Temporary physical needs. new text end

new text begin If a child has a temporary physical need as identified by their health care provider, including but not limited to a brace, cast, or helmet, the license holder must maintain current documentation about the temporary physical need from the child's health care provider and any necessary accommodations in the child's record. The license holder must ensure staff who work with the child are aware of the child's temporary physical need and follow the identified necessary accommodations. An ICCPP is not required for documenting a temporary physical need under this subdivision and the accommodation. new text end

Sec. 17.

new text begin [142H.16] NIGHT CARE PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin A license holder providing overnight care must comply with this section. new text end

new text begin Subd. 2. new text end

new text begin Furnishings. new text end

new text begin Each child enrolled in a night care program must be provided with a crib or bed, described as follows: new text end

new text begin (1) a crib that meets the requirements under section 142B.45 and two sets of sheets must be provided for each infant and meet the requirements under section 142H.14; new text end

new text begin (2) an individual age-appropriate bed with two sets of sheets and a blanket or quilt must be provided for each toddler, preschooler, or school-age child; new text end

new text begin (3) each bed or crib must have a waterproof mattress or mattress pad that can be cleaned and disinfected; new text end

new text begin (4) bedding and sleeping equipment must be cleaned and disinfected as specified in section 142H.31, subdivision 4, clause (3); and new text end

new text begin (5) separate bedding must be provided and stored separately for each child in care. new text end

new text begin Subd. 3. new text end

new text begin Clothing intended for sleeping. new text end

new text begin The license holder must ensure that all children are put to bed in clothing for sleeping as designated by the parent of the child. new text end

new text begin Subd. 4. new text end

new text begin Personal care items. new text end

new text begin The license holder must ensure that all children have personal items needed to clean up and prepare for sleep. The items must include an individual washcloth, towel, toothbrush, toothpaste, and liquid hand soap. new text end

new text begin Subd. 5. new text end

new text begin Meals and snacks. new text end

new text begin (a) The license holder must ensure that a child who will be present in the center has had or will be provided with an evening meal. A bedtime snack must be available for all children in attendance. Eating times and schedules for the individual child must be consistent with patterns established in consultation with the parent of the child. new text end

new text begin (b) Night care programs are exempt from the requirements of section 142H.32, subdivision 7. new text end

new text begin Subd. 6. new text end

new text begin Staffing. new text end

new text begin At least two program staff persons, one of whom must qualify as a teacher under section 142H.06, must be present in the center at all times during the hours the night program is in operation. When more than 80 percent of the children present are asleep, the remaining program staff persons needed to meet the required staff-to-child ratio must have at least the qualifications of an aide. Program staff must be awake, dressed, and provide supervision as specified in sections 142H.01, subdivision 38, and 142H.12 to children who are sleeping. new text end

new text begin Subd. 7. new text end

new text begin Hygiene assistance. new text end

new text begin The license holder must ensure that children have the opportunity to wash up and brush their teeth before bedtime. Program staff must assist children during washing and changing clothes according to the developmental needs of the child. new text end

new text begin Subd. 8. new text end

new text begin Showers and bathtubs. new text end

new text begin The license holder must ensure bathtubs and showers are equipped to prevent slipping, if the center provides bathing. new text end

new text begin Subd. 9. new text end

new text begin Bathing procedures. new text end

new text begin The center must have written permission from the parent prior to allowing the child to bathe and ensure bathtubs and showers are cleaned and disinfected after each use. The tub or showers do not have to be disinfected between uses if the children are siblings and the parent has provided written consent. All children must bathe separately unless the children are siblings and the parent has provided written consent that the children can be bathed together. new text end

new text begin Subd. 10. new text end

new text begin Privacy. new text end

new text begin To ensure privacy, school-age boys and girls must be separated during bedtime washing and changing activities. new text end

new text begin Subd. 11. new text end

new text begin Sleeping arrangements. new text end

new text begin The center must provide sleeping arrangements so that sleeping children are cared for separately from children who are awake and so that sleeping children are not disturbed by arrivals and departures. Infants must have a sleep area separate from the center's play and activity areas. new text end

new text begin Subd. 12. new text end

new text begin Bedtime. new text end

new text begin A child's bedtime must be scheduled in consultation with the child's parent. new text end

new text begin Subd. 13. new text end

new text begin Light. new text end

new text begin The center must provide adequate lighting indoors in all areas, including bathrooms, hallways, and sleeping rooms to ensure that staff are able to see all children at all times. new text end

new text begin Subd. 14. new text end

new text begin Outdoor illumination. new text end

new text begin The center must ensure that parking areas, outdoor walkways, and all building entrances are adequately lighted for safety and security. new text end

new text begin Subd. 15. new text end

new text begin Program emphasis. new text end

new text begin A license holder operating a night care program must comply with the child care program standards in 142H.11. new text end

new text begin Subd. 16. new text end

new text begin Exceptions. new text end

new text begin The outdoor activity area required by section 142H.34, subdivision 7; outdoor activities required by section 142H.11, subdivision 2; and outdoor equipment required by section 142H.14 need not be provided for children enrolled in a night care program. new text end

Sec. 18.

new text begin [142H.17] DROP-IN CHILD CARE PROGRAMS. new text end

new text begin Subdivision 1. new text end

new text begin Drop-in child care programs. new text end

new text begin If a license holder chooses to operate as a drop-in child care program, the license holder must comply with the requirements in this section. new text end

new text begin Subd. 2. new text end

new text begin Exemptions. new text end

new text begin (a) new text end new text begin Drop-in child care programs that meet one of the requirements in paragraph (b) are exempt from: new text end

new text begin (1) section 142H.10; new text end

new text begin (2) section 142H.11, subdivision 1, clauses (6) and (7); and new text end

new text begin (3) section 142H.12, subdivisions 3 and 5, except for infants and toddlers. new text end

new text begin (b) A drop-in child care program is exempt from the requirements in paragraph (a) if the program operates: new text end

new text begin (1) in a child care center that houses no child care program except the drop-in child care program; new text end

new text begin (2) in the same child care center but not during the same hours as a regularly scheduled ongoing child care program with a stable enrollment; or new text end

new text begin (3) in a child care center at the same time as a regularly scheduled ongoing child care program with a stable enrollment, but activities, except for bathroom use and outdoor play, are conducted separately from each other. new text end

new text begin Subd. 3. new text end

new text begin Staffing requirements. new text end

new text begin (a) A drop-in child care program must have at least two program staff persons on site whenever the program is operating: the director or a designee and a program staff member who is qualified as a teacher. new text end

new text begin (b) If the drop-in child care program has additional staff who are on call as a mandatory condition of their employment, the minimum child-to-staff ratio may be exceeded only for preschool and school-age children by a maximum of four children for no more than 20 minutes while additional staff are in transit. If the ratio is exceeded for more than 20 minutes, the license holder must review the mandatory on-call staff procedures and revise as necessary to ensure compliance with this section, including hiring additional on-call staff as needed. new text end

new text begin (c) Whenever there is a total of 20 children or more at a drop-in child care center, children that are younger than 30 months must be cared for in a separate group. The group may contain children up to 60 months old. The group must be cared for in an area that is physically separated from older children. new text end

new text begin (d) In drop-in care programs that serve both infants and older children, children up to 30 months old may be supervised by assistant teachers as long as other staff are present in appropriate ratios. new text end

new text begin (e) A drop-in child care program may care for siblings who are all at least 16 months old together in any group. For purposes of this section, "sibling" is defined as sister or brother, half sister or half brother, or stepsister or stepbrother. new text end

new text begin Subd. 4. new text end

new text begin Staff-to-child ratio requirements in a drop-in program. new text end

new text begin The minimum staff-to-child ratio that a license holder may maintain in a drop-in program is: new text end

new text begin (1) for infants, one program staff person for every four infants; new text end

new text begin (2) for toddlers, one program staff person for every seven children; new text end

new text begin (3) for preschoolers, one program staff person for every ten children; and new text end

new text begin (4) for school-age children, one program staff person for every 15 children. new text end

new text begin Subd. 5. new text end

new text begin Staff distribution. new text end

new text begin (a) The minimum staff distribution pattern for a drop-in child care program is: new text end

new text begin (1) the first staff member needed to meet the required staff-to-child ratio must be a teacher; new text end

new text begin (2) the second and third staff members must have at least the qualifications of a child care aide; and new text end

new text begin (3) the fourth staff member must have at least the qualifications of an assistant teacher. new text end

new text begin (b) The pattern in paragraph (a) must be repeated until the number of staff needed to meet the staff-to-child ratio for each age category has been achieved. new text end

Sec. 19.

new text begin [142H.18] EXCLUSION OF SICK CHILDREN . new text end

new text begin Subdivision 1. new text end

new text begin Care of sick children. new text end

new text begin If a child becomes sick while at the center, the child must be isolated from other children in care and the child's parent called immediately. When determining if a child is sick and exclusion is necessary, license holders must follow: new text end

new text begin (1) the requirements on reportable diseases in Minnesota Rules, parts 4605.7040, 4605.7070, and 4605.7080; and new text end

new text begin (2) guidelines from the commissioner of health on infectious diseases in child care settings. new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin (a) A child care center's program policies must require a parent to inform the center within 24 hours, exclusive of weekends and holidays, when a child is diagnosed by a child's health care provider or dental care provider as having a reportable or infectious disease as specified in subdivision 1. new text end

new text begin (b) The license holder must ensure that the commissioner of health is notified of any suspected case of reportable disease as specified in Minnesota Rules, parts 4605.7040, 4605.7050, or 4605.7080, within 24 hours of receiving the parent's or staff report. Documentation of the notification must be kept at the center. new text end

new text begin (c) The license holder must notify the parents of exposed children within 24 hours of when a parent, employee, or volunteer notifies the center of a reportable disease under subdivision 1, lice, scabies, impetigo, ringworm, or chicken pox. The notice must be posted in a clearly visible, accessible place or provided individually to each parent of a child who was exposed. new text end

new text begin Subd. 3. new text end

new text begin Return to center. new text end

new text begin Children with a reportable or infectious disease as specified in subdivision 1 must be excluded from the center for a length of time as specified in the commissioner of health guidelines on infectious diseases in child care settings and until the child can participate in routine activities without more staff supervision than usual. The center must exclude a child for a longer period if the child's health care provider determines that it is necessary. new text end

Sec. 20.

new text begin [142H.19] SICK CARE PROGRAM. new text end

new text begin Subdivision 1. new text end

new text begin Licensure of sick care programs. new text end

new text begin If a license holder chooses to operate as a sick care program, the license holder must operate a sick care program that complies with the requirements in this section. new text end

new text begin Subd. 2. new text end

new text begin Review of admission and health policies and practices. new text end

new text begin (a) A licensed physician, physician assistant, or advanced practice registered nurse with a specialization in pediatric care must review and approve a sick care program's admission policy at the time of initial license application, after the first six months of initial operation, and at least once each calendar year. new text end

new text begin (b) The review must include consultation with the licensed registered nurse or physician responsible for admissions. new text end

new text begin (c) A report of the findings must be sent to the commissioner with the initial application for licensure, and subsequent reports must be placed in the center's administrative record. new text end

new text begin Subd. 3. new text end

new text begin Evaluation of a sick child. new text end

new text begin (a) A license holder that operates a sick care program must evaluate the condition of a sick child before admitting the child to the center. new text end

new text begin (b) The evaluation must be based on the physical symptoms of the child each day of admission, the probable contagion and risk to the health of others present, the ability of the program to provide the care the child requires, and whether the child can be grouped together with other children in care with contagious or noncontagious illnesses. Documentation of the evaluation must be placed in the child's record. new text end

new text begin (c) Before admitting a child to a sick care program: new text end

new text begin (1) a parent must describe the child's symptoms over the phone; new text end

new text begin (2) a health care provider affiliated with the center must tell the parent whether the parent may bring the child to the center for further evaluation; and new text end

new text begin (3) the health care provider must conduct a physical assessment of the child and obtain a health history from the parent at the center. new text end

new text begin Subd. 4. new text end

new text begin Information to parents. new text end

new text begin A summary of the sick care program's health care policies and practices and the center's procedures for notification of parents in the event of an emergency must be given to the parent the first time a child is admitted and every admission following a change to any of the information. new text end

new text begin Subd. 5. new text end

new text begin Parent conference exception. new text end

new text begin Centers licensed to provide child care exclusively to sick children are not required to provide parent conferences under section 142H.20, subdivision 2. new text end

new text begin Subd. 6. new text end

new text begin Child care program emphasis exception. new text end

new text begin A sick care program does not need to meet the child care program plan requirements under section 142H.11. However, the child care program plan for the care of sick children must emphasize quiet activities. new text end

new text begin Subd. 7. new text end

new text begin Group size and age category grouping exceptions. new text end

new text begin The maximum group sizes specified under section 142H.10, subdivision 1, and the age category grouping restrictions under section 142H.10, subdivision 3, do not apply to sick care programs. There must be no more than 16 children in sick care in the same room at the same time. new text end

new text begin Subd. 8. new text end

new text begin Staff-to-child ratios and staff distribution requirements. new text end

new text begin (a) A one-to-four staff-to-child ratio must be maintained at all times in a room used to care for sick children. new text end

new text begin (b) At least two program staff persons must be present in a center operating a sick care program whenever sick children are in care. new text end

new text begin (c) The first program staff person must be a registered nurse. The remaining program staff persons must at least meet the qualifications and follow the staff distribution pattern under section 142H.10. new text end

new text begin Subd. 9. new text end

new text begin Limitation on staff assignment. new text end

new text begin Staff must not care for nonsick children or prepare food for nonsick children on the same day as sick children. Staff caring for sick children must not enter the kitchen used to prepare food for nonsick children. new text end

new text begin Subd. 10. new text end

new text begin Food preparation. new text end

new text begin Food provided by the license holder and prepared at the center must be prepared in a room separate from rooms where sick care is provided and must be delivered to each sick care room in individual servings and in covered containers. Procedures for preparing, handling, and serving food and washing food, utensils, and equipment must comply with the requirements in the Minnesota Food Code, Minnesota Rules, chapter 4626. new text end

new text begin Subd. 11. new text end

new text begin Menus. new text end

new text begin Menus for sick children must be modified to meet the individual needs of the child. new text end

new text begin Subd. 12. new text end

new text begin Additional facility requirements. new text end

new text begin A license holder operating a sick care program must provide: new text end

new text begin (1) a room or rooms that are exclusively used to care for sick children and that are not used at any time for any other child care purpose; and new text end

new text begin (2) toilets and hand sinks that are within or immediately adjacent to the room or rooms used for sick care and are not used by well children in care. new text end

new text begin Subd. 13. new text end

new text begin Outdoor activity area, activities, and equipment exception. new text end

new text begin Sick care programs under this section are exempt from the requirements for an outdoor activity area under section 142H.34, subdivision 7; outdoor activities under section 142H.11, subdivision 2; and outdoor equipment under section 142H.14. new text end

new text begin Subd. 14. new text end

new text begin Cleaning and disinfection. new text end

new text begin Floors in rooms where sick care is provided and all linens, toileting equipment, sinks, furnishings, objects, and equipment used by sick children must be cleaned and disinfected at least daily and as needed pursuant to the requirements under section 142H.31. new text end

new text begin Subd. 15. new text end

new text begin Bedding and sleeping equipment. new text end

new text begin (a) Each sick child must be provided appropriate bedding and sleeping equipment, depending on the age of the child, as follows: new text end

new text begin (1) a crib and crib sheets pursuant to the requirements of section 142B.45, cot, mat, or bed, depending on the age of the child; new text end

new text begin (2) a pillow, except if the child is an infant; new text end

new text begin (3) a pillowcase, except if the child is an infant; and new text end

new text begin (4) a blanket or quilt, except if the child is an infant. new text end

new text begin (b) Bedding provided by the center must be laundered after each use. Sleeping equipment must be cleaned and disinfected after each use. new text end

Sec. 21.

new text begin [142H.20] INFORMATION TO PARENTS. new text end

new text begin Subdivision 1. new text end

new text begin Policies provided to parents. new text end

new text begin At the time of a child's enrollment, the center must provide the parent with written notification of the: new text end

new text begin (1) ages and numbers of children the center is licensed to serve; new text end

new text begin (2) hours and days of operation; new text end

new text begin (3) child care program options the center is licensed to operate, including a description of the program's educational methods; the program's religious, political, or philosophical basis, if any; and how parents may review the center's child care program plan; new text end

new text begin (4) policy on parent conferences and notification to a parent of a child's intellectual, physical, social, and emotional development; new text end

new text begin (5) policy requiring a health care summary and immunization record of a child; new text end

new text begin (6) policies and procedures for the care of children who become sick at the center and parent notification practices for the onset of or exposure to a contagious illness or condition pursuant to section 142H.18 or when there is an emergency or injury requiring medical attention; new text end

new text begin (7) policies and procedures for administering first aid and sources of care to be used in case of emergencies; new text end

new text begin (8) policies on the administration of medicine; new text end

new text begin (9) procedures for obtaining written parental permission for transportation of children and field trips as required in section 142H.33, subdivision 4, paragraph (d); new text end

new text begin (10) procedures for obtaining written parental consent for research, cameras, and social media participation pursuant to section 142H.22; new text end

new text begin (11) policies on transitioning a child to the next age group, pursuant to section 142H.10; new text end

new text begin (12) policies on the provision of meals and snacks; new text end

new text begin (13) behavior guidance policies and procedures; new text end

new text begin (14) presence of pets; new text end

new text begin (15) policy on visitation and parental access to children pursuant to section 142H.21; new text end

new text begin (16) policy on the prohibition of smoking, use of tobacco products, vaping, electronic cigarettes, alcohol, and drugs on the premises of the program pursuant to section 142H.29, subdivision 11; new text end

new text begin (17) policy on use of technology and screen time pursuant to section 142H.11, subdivision 1, clause (12); new text end

new text begin (18) telephone number of the Department of Children, Youth, and Families, Division of Licensing; new text end

new text begin (19) policy on naps and rest pursuant to section 142H.12; and new text end

new text begin (20) procedures for notifying parents of an evacuation, including procedures for reunification with families. new text end

new text begin Subd. 2. new text end

new text begin Parent conferences. new text end

new text begin The license holder must inform the parent of a child's progress and: new text end

new text begin (1) complete individual assessments of each child's intellectual, physical, social, and emotional development at least twice a year. Individual assessments for school-age children must be completed at least once a year; new text end

new text begin (2) plan and offer parent conferences by program staff at least twice a year to review and discuss the child's assessment. Parent conferences for school-age children must be planned and offered at least once a year; and new text end

new text begin (3) maintain documentation of the child's assessment and that individual parent conferences were planned and offered in each child's record. new text end

new text begin Subd. 3. new text end

new text begin Daily reports for infants and toddlers. new text end

new text begin Daily written individualized reports must be provided to the parent of an infant or toddler about the child's food intake, elimination, sleeping patterns, and general behavior. new text end

Sec. 22.

new text begin [142H.21] PARENT VISITATION AND ACCESS TO PROGRAM. new text end

new text begin (a) The center must have a parent visitation and access policy that meets the requirements of this section at a minimum. new text end

new text begin (b) An enrolled child's parent must be allowed access to their child at any time while the child is in care unless a legal restriction or court order restricts access. new text end

new text begin (c) A copy of the order or other legal restriction in paragraph (b) must be kept in the child's record. new text end

Sec. 23.

new text begin [142H.22] CONSENT FOR RESEARCH, CAMERAS, AND SOCIAL MEDIA PARTICIPATION. new text end

new text begin Subdivision 1. new text end

new text begin Policy. new text end

new text begin A center must have and follow a policy governing the center's use of social media and the use of photos and videos of children in care. The policy must include: new text end

new text begin (1) procedures for obtaining written consent from parents for release of photos and videos of children for promotional or publicity purposes, including on social media accounts or public digital platforms; and new text end

new text begin (2) a statement prohibiting any employee or volunteer from posting content of children in care or enrolled families on a personal social media account or public digital platform, including photos, videos, or personal identifying information of the children. new text end

new text begin Subd. 2. new text end

new text begin Participation in research, fundraising, or public relations projects. new text end

new text begin (a) The license holder must obtain written permission from a parent before a child is involved in research, fundraising, or public relations projects while at the center. A separate written permission form must be obtained before each occasion of a research, fundraising, or public relations activity. new text end

new text begin (b) The permission form must be maintained in the child's record. new text end

Sec. 24.

new text begin [142H.23] EMERGENCY AND ACCIDENT POLICIES AND RECORDS. new text end

new text begin Subdivision 1. new text end

new text begin Emergency preparedness plan. new text end

new text begin (a) An applicant must develop a written plan for emergencies that require evacuation, relocation, sheltering in place, or lockdown resulting from a fire, blizzard, tornado or other natural disaster, or other threatening situations that may pose a health or safety hazard to a child, such as an intruder or violence at the facility. A license holder must carry out the emergency plan during emergencies. The plan must be written on a form developed by the commissioner and include: new text end

new text begin (1) procedures for an evacuation, including building evacuation routes and identification of primary and secondary exits; new text end

new text begin (2) procedures for relocation, including a designated relocation site; new text end

new text begin (3) procedures for sheltering in place and lockdown; new text end

new text begin (4) procedures for notifying a child's parent of an evacuation, relocation, sheltering in place, or lockdown, including procedures for reunification with families; new text end

new text begin (5) accommodations for a child with a disability or a chronic medical condition; new text end

new text begin (6) accommodations for infants and toddlers; new text end

new text begin (7) procedures for storing a child's medically necessary medicine that facilitates easy removal during an evacuation or relocation; new text end

new text begin (8) procedures for continuing operations in the period during and after a crisis; and new text end

new text begin (9) procedures for communicating with local emergency management officials, law enforcement officials, or other appropriate state or local authorities. new text end

new text begin (b) A license holder must review and update the emergency plan at least once each calendar year and as needed when changes to the circumstances or facilities necessitate an updated plan. Documentation of the yearly review and when changes are made must be maintained in the program's administrative records. new text end

new text begin (c) Program staff must be trained on the emergency plan at orientation as specified under section 142H.09 when changes are made to the plan and at least once each calendar year. Training must be documented and maintained on site. new text end

new text begin (d) A center must have an operable on-site flashlight for use in an emergency situation. A cell phone may not be used to meet this requirement. new text end

new text begin (e) A license holder must conduct fire drills every month and hold tornado drills monthly from April 1 through September 30. Fire and tornado drills must be documented and include the date of the drill, the start and end time of the drill, and the name of the program staff person completing the documentation. Documentation must be maintained in the program's administrative records. new text end

new text begin (f) Primary and secondary exits and evacuation routes must remain unblocked. new text end

new text begin Subd. 2. new text end

new text begin Emergencies, accidents, incidents, and injuries. new text end

new text begin (a) The policies and procedures for emergencies, accidents, incidents, and injuries must include: new text end

new text begin (1) procedures for administering first aid; new text end

new text begin (2) procedures for the daily inspection of potential hazards; new text end

new text begin (3) procedures for fire prevention and procedures to follow in the event of a fire, persons responsible for the evacuation of children and areas for which they are responsible, instruction on how to use a fire extinguisher, and instructions on how to close off the fire area; new text end

new text begin (4) procedures to follow when a child is missing, including when a school-age child does not arrive at the center when expected after school; new text end

new text begin (5) procedures to follow if a person who is unknown, unauthorized, incapacitated, or suspected of abuse attempts to pick up a child or if no one comes to pick up a child. The procedure must include a practice for verifying a person's identity; new text end

new text begin (6) procedures for obtaining emergency medical care; and new text end

new text begin (7) procedures for recording emergencies, accidents, incidents, and injuries involving a child enrolled in the center. The written record must include: new text end

new text begin (i) the name and age of the child involved; new text end

new text begin (ii) the name of employees or volunteers present; new text end

new text begin (iii) the date, time, and place of the emergency, accident, incident, or injury; new text end

new text begin (iv) the type of injury; new text end

new text begin (v) actions taken by staff; and new text end

new text begin (vi) to whom the emergency, accident, incident, or injury was reported. new text end

new text begin (b) At a minimum, the emergency, accident, incident, or injury must be reported in writing to the parent and as otherwise required in section 142H.28. new text end

new text begin (c) Each calendar year, the license holder must conduct an analysis of the emergencies, accidents, incidents, and injuries that have been documented pursuant to paragraph (a), clause (7). Documentation of the yearly analysis and any modification of the center's policies based on the analysis must be maintained in the program's administrative records. new text end

new text begin (d) The license holder must post a facility floor plan in a visible location in each classroom and other areas in the facility where child care is provided. The posted floor plan in each area must include: new text end

new text begin (1) identification of primary and secondary exits; new text end

new text begin (2) building evacuation routes; new text end

new text begin (3) identification of tornado shelter and other shelter-in-place locations; new text end

new text begin (4) identification of staff positions responsible for the evacuation or sheltering of children; new text end

new text begin (5) the name and address of the designated relocation site; and new text end

new text begin (6) phone numbers and sources of emergency medical services, the poison control center, the fire department, and the department's licensing division. new text end

new text begin (e) The license holder must ensure program staff are trained on the emergency, accident, incident, and injury policies and procedures at orientation as required in section 142H.09 when changes are made to the policies and procedures and at least once each calendar year. Training must be documented and maintained on site. new text end

Sec. 25.

new text begin [142H.24] SUPERVISION AND RISK REDUCTION. new text end

new text begin Subdivision 1. new text end

new text begin Supervision; sight and hearing exceptions. new text end

new text begin (a) A child is still supervised as defined in section 142H.01, subdivision 38, when: new text end

new text begin (1) an infant is placed in a crib to sleep and a program staff person is within sight or hearing of the infant pursuant to section 142H.12, subdivision 4; new text end

new text begin (2) a single school-age child uses a restroom that is not available to the public when the child care center is operating and serving children and a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes. When services are provided away from the child care facility, including but not limited to field trips, a school-age child who uses a restroom that is available to the public must be accompanied by a program staff person; new text end

new text begin (3) a school-age child leaves the classroom but remains within the licensed child care center space to deliver or retrieve items from the child's personal storage space and a program staff person has knowledge of the child's activity and location and checks on the child at least every five minutes; or new text end

new text begin (4) a single preschool child uses an individual, private restroom within the classroom with the door closed and a program staff person has knowledge of the child's activity and location, can hear the child, and checks on the child at least every five minutes. new text end

new text begin (b) A program must account for each exception in paragraph (a) in the risk reduction plan under subdivision 2. new text end

new text begin Subd. 2. new text end

new text begin Risk reduction plan. new text end

new text begin (a) The license holder must develop a risk reduction plan that identifies the general risks to children served by the child care center in a form and manner prescribed by the commissioner. new text end

new text begin (b) The license holder must establish procedures to minimize identified risks, train staff on the procedures, and review the procedures each calendar year. new text end

new text begin (c) The risk reduction plan must include an assessment of risk to children the center serves or intends to serve and identify specific risks based on the outcome of the assessment. The assessment of risk must be composed of: new text end

new text begin (1) an assessment of the risks presented by the facility where the licensed services are provided, including an evaluation of: new text end

new text begin (i) the condition and design of the facility and its outdoor space, bathrooms, and storage areas; new text end

new text begin (ii) the accessibility of medications and cleaning products that are harmful to children; and new text end

new text begin (iii) the existence of areas that are difficult to supervise, including restrooms with multiple entrances; and new text end

new text begin (2) an assessment of the risks presented by the environment for each facility and for each site, including an evaluation of the type of grounds and terrain surrounding the building and the proximity to hazards, busy roads, and publicly accessed businesses. new text end

new text begin (d) The risk reduction plan must include a statement of measures that will be taken to minimize the risk of harm presented to children for each risk identified in the assessment under paragraph (c) related to the facility and environment. new text end

new text begin (e) In addition to any program-specific risks identified in paragraph (c), the plan must include specific policies and procedures that minimize the risk of harm or injury to children, including from: new text end

new text begin (1) closing children's fingers in doors, including cabinet doors; new text end

new text begin (2) leaving children in the community without supervision; new text end

new text begin (3) children leaving the facility without supervision; new text end

new text begin (4) dislocation of children's elbows by program staff pulling or lifting children by the hands or wrists or swinging by the arms; new text end

new text begin (5) burns, including from hot food or beverages, whether served to children or being consumed by program staff, and devices used to warm food and beverages; new text end

new text begin (6) injuries from equipment, such as scissors and glue guns; new text end

new text begin (7) sunburn; new text end

new text begin (8) feeding children foods to which they are allergic; new text end

new text begin (9) children falling from changing tables; new text end

new text begin (10) children accessing dangerous items or chemicals or coming into contact with residue from harmful cleaning products; new text end

new text begin (11) traffic and pedestrian accidents, including when walking with children on neighborhood walks, to an off-site outdoor play area, or in areas with heavy traffic or difficult terrain such as railroad tracks; and new text end

new text begin (12) children choking or suffocating. new text end

new text begin (f) The plan must ensure hazardous objects as defined in section 142H.34, subdivision 17, are inaccessible to children. new text end

new text begin (g) The plan must include specific policies and procedures to ensure adequate supervision of children at all times as defined in subdivision 1 and section 142H.01, subdivision 38, and pursuant to the staffing requirements of section 142H.10, subdivision 1, with particular emphasis on: new text end

new text begin (1) times when children are transitioned from one area within the facility to another, including the use of a name-to-face check during transition time; new text end

new text begin (2) nap-time supervision, including infant sleep supervision; new text end

new text begin (3) child arrival and departure times, including when children arrive or depart from the center by bus; new text end

new text begin (4) supervision during outdoor play, outdoor learning activities, and community activities, including but not limited to field trips and neighborhood walks; new text end

new text begin (5) supervision of children in hallways; new text end

new text begin (6) supervision of preschool children when using an individual private restroom within the classroom; and new text end

new text begin (7) supervision of school-age children when using the restroom and visiting the child's personal storage space. new text end

new text begin Subd. 3. new text end

new text begin Yearly review of risk reduction plan. new text end

new text begin (a) The license holder must review the risk reduction plan each calendar year and document the review. new text end

new text begin (b) When conducting the review, the license holder must consider incidents that have occurred in the center since the last review, including: new text end

new text begin (1) incidents covered by the assessment factors in subdivision 2; new text end

new text begin (2) the internal reviews conducted under section 142H.36, if any; new text end

new text begin (3) substantiated maltreatment findings, if any; and new text end

new text begin (4) any other incidents that caused injury or harm to a child. new text end

new text begin (c) Within ten days following any change to the risk reduction plan, the license holder must train program staff on the change and document that the staff were trained on the change. new text end

Sec. 26.

new text begin [142H.25] CENTER ADMINISTRATIVE RECORDS. new text end

new text begin (a) In addition to the personnel records requirements under section 142B.03, subdivision 1, paragraph (a), a center must maintain the following records: new text end

new text begin (1) a record of the information given to parents specified in section 142H.20; new text end

new text begin (2) the personnel records specified in section 142H.26; new text end

new text begin (3) the children's records specified in section 142H.27; new text end

new text begin (4) health consultant reviews of the center's health policies and practices as specified in section 142H.29, subdivision 2; new text end

new text begin (5) the child care program plan specified in section 142H.11; new text end

new text begin (6) the emergencies, accidents, incidents, and injuries records specified in section 142H.23, subdivision 2; new text end

new text begin (7) the child separation reports mandated in section 142H.13; new text end

new text begin (8) daily center and classroom attendance records specified in section 142H.30; and new text end

new text begin (9) staffing schedules. new text end

new text begin (b) The requirements in section 142B.03, subdivisions 1 and 2, apply to records retained pursuant to this section. new text end

Sec. 27.

new text begin [142H.26] PERSONNEL RECORDS. new text end

new text begin A license holder must maintain a current personnel record for each program staff person in a manner prescribed by the commissioner and consistent with section 142B.03. The personnel record for each program staff person must contain: new text end

new text begin (1) the program staff person's name, home address, telephone number, date of birth, and emergency contact information; new text end

new text begin (2) the program staff person's first date of direct contact and first date of unsupervised direct contact with a child; new text end

new text begin (3) documentation indicating that the program staff person meets the requirements of the staff person's job in sections 142H.05 to 142H.08; and new text end

new text begin (4) the program staff person's hire date and last day of employment, as applicable. new text end

Sec. 28.

new text begin [142H.27] CHILDREN'S RECORDS. new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin Prior to or on the day of enrollment in the center, the license holder must maintain a record on site for each child served by the program. The record must contain: new text end

new text begin (1) the child's full name, date of birth, and current home address; new text end

new text begin (2) the child's date of enrollment in the program; new text end

new text begin (3) the name, address, and telephone number of the child's parent; new text end

new text begin (4) the name and telephone number of at least one emergency contact person who can be contacted if a parent cannot be reached in an emergency or when there is an injury requiring medical attention; new text end

new text begin (5) the names and telephone numbers of any additional persons authorized by the parent to pick up the child from the center; new text end

new text begin (6) the child's health and immunization information required by section 142H.29, subdivisions 3 and 4; new text end

new text begin (7) written authorization for the license holder to act in an emergency or when a parent or designee cannot be reached or is delayed; new text end

new text begin (8) the hours and days of the week the child will attend the center; new text end

new text begin (9) for infants and toddlers, a description of the child's eating, sleeping, toileting, and communication habits and effective methods for comforting the child; new text end

new text begin (10) documentation of any dietary or medical needs of the child; new text end

new text begin (11) documentation of a child's individual child care program plan as required by section 142H.15; and new text end

new text begin (12) the date of parent conferences and a summary of the information provided to the parent at the conferences. new text end

new text begin Subd. 2. new text end

new text begin Disclosure. new text end

new text begin The license holder must not disclose a child's record to any person other than the child, the child's parent, the child's legal representative, employees of the license holder, or the commissioner unless the child's parent has given written consent. This subdivision does not apply to information needed by a first responder in the case of an emergency. new text end

Sec. 29.

new text begin [142H.28] REPORTING REQUIREMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Maltreatment, abuse, and neglect reporting. new text end

new text begin The license holder must comply with the reporting requirements for abuse and neglect specified in chapter 260E. new text end

new text begin Subd. 2. new text end

new text begin Other reporting. new text end

new text begin Within 24 hours, the license holder must notify the commissioner of the following in a manner prescribed by the commissioner: new text end

new text begin (1) of the death or notification of the death of a child enrolled in the center as required under section 142B.10, subdivision 24; new text end

new text begin (2) of the occurrence or notification of any injury to a child in care in the program that required treatment by a dentist or health care provider as defined in section 142H.01, subdivision 22. Treatment does not include application of or recommendation to use nonprescription medication or diagnostic testing; new text end

new text begin (3) of the occurrence of structural damage to the building or a fire that requires the service of a fire department; and new text end

new text begin (4) of the provision of any emergency medical service to a child while in care. new text end

Sec. 30.

new text begin [142H.29] HEALTH. new text end

new text begin Subdivision 1. new text end

new text begin Health policies. new text end

new text begin An applicant must develop written health policies approved by the commissioner. new text end

new text begin Subd. 2. new text end

new text begin Health consultation. new text end

new text begin (a) The center must have a health consultant as defined in section 142H.01, subdivision 23, review the center's health policies and practices in person and certify that the policies and practices are adequate to protect the health of children in care. new text end

new text begin (b) The health consultant's review, including an on-site visit, must be done before initial licensure and must be repeated each calendar year. new text end

new text begin (c) For programs serving infants, an in-person review must be done before initial licensure and at least quarterly thereafter. At least every other quarter, a health consultant may conduct the health review visit virtually. new text end

new text begin (d) A health consultant must review the center's health policies and practices before implementing a change in the center's health policies or practices and after an outbreak of a contagious reportable illness as specified in Minnesota Rules, parts 4605.7040, 4605.7050, and 4605.7080. new text end

new text begin (e) The consultant must review and approve: new text end

new text begin (1) the emergencies, accidents, incidents, and injuries policies and procedures required by section 142H.23, subdivision 2; new text end

new text begin (2) the diapering procedures and practices specified in subdivision 6; new text end

new text begin (3) the programs' cleaning and disinfecting products and procedures; and new text end

new text begin (4) the sanitation procedures and practices for food catered in or provided by the child's parent as specified in section 142H.32, subdivision 6, and for infants as specified in section 142H.32, subdivision 11. new text end

new text begin Subd. 3. new text end

new text begin Health information at admission. new text end

new text begin Before a child is admitted to a center or within 30 days of admission, the license holder must obtain a report on a current physical examination of the child signed by the child's health care provider. new text end

new text begin Subd. 4. new text end

new text begin Immunizations. new text end

new text begin (a) Before a child is admitted to a center, the license holder must obtain documentation of current immunization records according to section 121A.15 and Minnesota Rules, chapter 4604; a signed notarized statement of parental objection to the immunization; or a medical exemption. The license holder must maintain record of current immunizations, a signed notarized statement of parental objection to the immunization, or a medical exemption throughout the child's enrollment at the center. new text end

new text begin (b) License holders must file an immunization report each calendar year with the Department of Health, as required under the Minnesota School and Child Care Immunization Law, section 121A.15, subdivision 8, and Minnesota Rules, part 4604.0410. new text end

new text begin Subd. 5. new text end

new text begin Administration of medication. new text end

new text begin (a) A license holder that administers medication must: new text end

new text begin (1) get written permission from the child's parent before administering medication; new text end

new text begin (2) get written permission from the child's parent before administering items that may be applied externally, including but not limited to diapering products, sunscreen lotions, hand sanitizer, lip balm, body lotion, and insect repellents. Items under this clause must be administered according to the manufacturer's instructions unless a dentist or health care provider gives alternative written instructions; new text end

new text begin (3) get and follow written instructions from a dentist or a health care provider before administering each prescription. Medication with the child's name and current prescription information on the label constitutes instructions; new text end

new text begin (4) follow written dosage instructions from a child's parent or health care provider for over-the-counter medication that is intended to be ingested and does not include dosage information within the manufacturer's instructions; new text end

new text begin (5) keep all medication in its original container and have a legible label stating the child's first and last name. The medication must be given only to the child whose name is on the label, unless as described in paragraph (b); new text end

new text begin (6) not give medication after an expiration date on the label, return any unused portion to the child's parent if possible, and destroy any unused portion that cannot be returned; new text end

new text begin (7) document the administration of any ingested nonprescription medication and all prescription medication. The documentation must include the first and last name of the child, name of the medication or prescription number, date, time, dosage, and printed name and signature or initials of the person who administered the medication. This documentation must be available to the parent and maintained in the child's record; new text end

new text begin (8) store all medications, insect repellents, sunscreen lotions, and diaper rash control products according to directions on the original container and in a place inaccessible to children; and new text end

new text begin (9) not use herbal remedies and essential oils, unless prescribed or recommended by a dentist or a health care provider. If these are administered, they must be administered in compliance with the requirements of this subdivision. new text end

new text begin (b) Sunscreen lotions and insect repellents supplied by the license holder may be used on more than one child and must be labeled for use for all children. A product to control or prevent diaper rash, including premoistened commercial wipes that cannot be dispensed in a manner that prevents cross contamination of the product and container as determined by the health consultant, must be labeled with the child's first and last name and used only for the individual child whose name is written on the label. new text end

new text begin Subd. 6. new text end

new text begin Diapers, changing areas, and disposal. new text end

new text begin Sanitary diaper procedures must be used to reduce the spread of communicable disease. A license holder must: new text end

new text begin (1) make an adequate supply of clean diapers available for each child and store the diapers in a clean place; new text end

new text begin (2) change diapers following the diaper changing procedure reviewed and approved by the center's health consultant pursuant to subdivision 2, paragraph (e), clause (2); new text end

new text begin (3) post diaper changing procedures reviewed and certified by the center's health consultant in the diaper changing area; new text end

new text begin (4) keep children in diapers clean and dry. Diapers and clothing must be changed immediately or as soon as practicable when wet or soiled. Soiled clothing must be placed in a plastic bag and sent home with the parent daily; new text end

new text begin (5) use single-service wipes for cleaning a wet or soiled child; new text end

new text begin (6) clean and disinfect changing tables and changing pads between children; new text end

new text begin (7) use smooth, nonabsorbent surfaces for the diaper changing area and flooring; new text end

new text begin (8) require the program staff person to maintain a hand on the child at all times during diapering. Children must not be left unattended on the changing table; new text end

new text begin (9) clean and disinfect diaper changing areas, including but not limited to counters, sinks, and floors, daily or immediately when soiled; new text end

new text begin (10) keep a covered diaper disposal receptacle lined with a disposable plastic bag in the diaper changing area. Diapers cannot be disposed of in a kitchen disposal area; new text end

new text begin (11) empty, clean, and disinfect diaper receptacles daily or more often as needed; and new text end

new text begin (12) only change a diaper in the diaper changing area. The diaper changing area must be separate from areas used for food storage, food preparation, and eating. new text end

new text begin Subd. 7. new text end

new text begin Hand washing; child. new text end

new text begin (a) A child's hands must be washed with soap and water after a diaper change, after use of a toilet or toilet training chair, and immediately before eating a meal or snack. new text end

new text begin (b) Program staff must monitor hand washing and assist a child who needs help. new text end

new text begin (c) The use of a common basin or a hand sink filled with standing water is prohibited. new text end

new text begin (d) Hands must be dried on a single-use towel or warm air hand dryer. The use of a common or shared cloth or towel is prohibited. new text end

new text begin (e) In sinks accessible to children, the water temperature must not exceed 120 degrees Fahrenheit to prevent children from scalding themselves while washing. new text end

new text begin (f) A hand sanitizer with at least 60 percent alcohol may be used to clean a child's hands when soap and water are unavailable. new text end

new text begin Subd. 8. new text end

new text begin Hand washing; program staff. new text end

new text begin Program staff must wash their hands with soap and water after changing a child's diaper, after assisting a child on the toilet, after washing the diapering surface, after using toilet facilities, and before handling food or eating. Hands must be dried on a single-use towel or warm air hand dryer. The use of a common or shared cloth or towel is prohibited. Program staff may use a hand sanitizer with at least 60 percent alcohol when soap and water are unavailable. new text end

new text begin Subd. 9. new text end

new text begin First aid kit. new text end

new text begin The license holder must have a first aid kit that is accessible in the center at all times and whenever children are off site that includes: new text end

new text begin (1) adhesive bandages in assorted sizes and tape; new text end

new text begin (2) sterile compresses; new text end

new text begin (3) elastic bandage wrap; new text end

new text begin (4) scissors; new text end

new text begin (5) ice bag or cold pack; new text end

new text begin (6) digital thermometer; new text end

new text begin (7) mild liquid soap or hand sanitizer that is at least 60 percent alcohol; new text end

new text begin (8) bottled water; new text end

new text begin (9) disposable powder-free, latex-free gloves; new text end

new text begin (10) face shield or protective barrier for giving CPR; and new text end

new text begin (11) first aid instructions. new text end

new text begin Subd. 10. new text end

new text begin Handling and disposal of bodily fluids. new text end

new text begin A license holder must comply with the following procedures for safely handling and disposing of bodily fluids: new text end

new text begin (1) surfaces that come in contact with urine, feces, vomit, and blood must be cleaned and disinfected; new text end

new text begin (2) blood-contaminated material must be disposed of in a plastic bag with a secure tie; new text end

new text begin (3) sharp items used for a child with special care needs must be disposed of in a sharps container. The sharps container must be inaccessible to a child when stored; new text end

new text begin (4) the license holder must have bodily fluid disposal supplies in the center, including disposable gloves, disposal bags, and eye protection; and new text end

new text begin (5) each employee and volunteer must follow universal precautions to reduce the risk of spreading infectious disease. new text end

new text begin Subd. 11. new text end

new text begin Tobacco products, vaping, drugs, and alcohol use prohibitions. new text end

new text begin (a) A license holder must comply with the drug and alcohol policy requirements in section 142B.10, subdivision 1, paragraph (c), including ensuring that no employee, subcontractor, or volunteer is under the influence of a chemical that impairs the individual's ability to provide services or care. new text end

new text begin (b) The possession or use of marijuana, products containing THC, alcohol, and illegal drugs is prohibited on the premises of the program during operating hours, including all indoor and outdoor licensed program environments and in any vehicles used by the program. new text end

new text begin (c) The use of tobacco products, vaping devices, and electronic cigarettes is prohibited indoors, in vehicles used by the program, and in outdoor areas where children are present. new text end

new text begin (d) The license holder must post in a prominent location at the main entrance of the center a notice stating that use of tobacco products is prohibited inside the building and in outdoor areas where children are present. new text end

Sec. 31.

new text begin [142H.30] ATTENDANCE RECORDS. new text end

new text begin Subdivision 1. new text end

new text begin Attendance records. new text end

new text begin A child care center must maintain documentation of actual attendance for each child receiving care. The records must be accessible to the commissioner during the program's hours of operation, be completed on the actual day of attendance, and include: new text end

new text begin (1) the first and last name of the child; new text end

new text begin (2) the time of day that the child was dropped off; and new text end

new text begin (3) the time of day that the child was picked up. new text end

new text begin Subd. 2. new text end

new text begin Daily classroom tracking. new text end

new text begin (a) A license holder must ensure that program staff track children in their classroom on a daily basis to ensure the center has an active roster of children present in their classroom. new text end

new text begin (b) Children must be tracked as they arrive in and depart from the classroom. new text end

new text begin (c) Tracking must include the first and last name of each child. new text end

new text begin (d) The classroom tracking documentation must remain with each group at all times throughout the day including outdoor play, emergency evacuations, field trips, and when groups are combined. new text end

Sec. 32.

new text begin [142H.31] CLEANING, SANITIZING, AND DISINFECTING. new text end

new text begin Subdivision 1. new text end

new text begin Products and procedures. new text end

new text begin Cleaning and disinfecting must be done in accordance with policies, procedures, and products approved by the program's health consultant as specified in section 142H.29, subdivision 2. new text end

new text begin Subd. 2. new text end

new text begin Indoor and outdoor equipment. new text end

new text begin (a) The indoor and outdoor space and equipment of the program must be clean. new text end

new text begin (b) Natural elements and materials used as equipment and play materials under section 142H.141; natural features used for outdoor play under section 142H.34, subdivision 7, paragraph (h); and play materials used in outdoor settings are exempt from being clean, as defined under section 142H.01, subdivision 12. A program staff person must inspect natural elements and materials, natural features, and play materials used for outdoor play for hazardous objects and other safety hazards, including animal feces, and remove or mitigate the hazard before a child's use. new text end

new text begin Subd. 3. new text end

new text begin Pacifiers. new text end

new text begin Pacifiers must be labeled with each child's name or other individual identifier and stored separately. new text end

new text begin Subd. 4. new text end

new text begin Cleaning frequency. new text end

new text begin The license holder must develop and follow a cleaning schedule that requires: new text end

new text begin (1) cleaning and sanitizing food preparation areas, tables, high chairs, and food service counters before and after each meal and snack. Sanitizing must be done by using an Environmental Protection Agency-registered sanitizer or a bleach solution or by heating to temperatures sufficient to destroy most germs, pursuant to guidelines from the commissioner of health on infectious diseases in child care settings; new text end

new text begin (2) cleaning and sanitizing items that have been inside a child's mouth or come into contact with bodily fluids prior to being used by another child; new text end

new text begin (3) cleaning sleeping equipment and bedding, including: new text end

new text begin (i) washing bedding used by a child before being used by another child; new text end

new text begin (ii) washing bedding used by the same child weekly or when soiled; new text end

new text begin (iii) cleaning and disinfecting sleeping equipment used by a child before being used by another child; and new text end

new text begin (iv) cleaning and disinfecting sleeping equipment used by the same child weekly or when soiled; new text end

new text begin (4) cleaning toileting areas daily, including: new text end

new text begin (i) emptying and disinfecting toilet training chairs after each use; and new text end

new text begin (ii) disinfecting toilets and seats when soiled or at least daily; and new text end

new text begin (5) emptying garbage cans and diaper receptacles on a daily basis and cleaning and disinfecting the cans and receptacles as needed. new text end

Sec. 33.

new text begin [142H.32] FOOD, DRINKING WATER, AND NUTRITION. new text end

new text begin Subdivision 1. new text end

new text begin On-site food preparation. new text end

new text begin A license holder that prepares, handles, or serves food or washes food, utensils, or equipment on site must comply with applicable requirements for food and beverage service establishments in chapter 157 and Minnesota Rules, chapter 4626, and local health department requirements. new text end

new text begin Subd. 2. new text end

new text begin Off-site food preparation. new text end

new text begin (a) Meals or snacks may be provided by an off-site, licensed food and beverage service establishment. new text end

new text begin (b) The center must maintain on file a copy of the off-site food and beverage service establishment's current license and the contract to provide food for the center. new text end

new text begin Subd. 3. new text end

new text begin Providing food. new text end

new text begin A license holder must provide meals and snacks to the children in attendance. The license holder must supplement food provided by the parent if it does not meet United States Department of Agriculture Child and Adult Care Food Program (CACFP) nutritional requirements. new text end

new text begin Subd. 4. new text end

new text begin Drinking water. new text end

new text begin (a) The center must have a safe supply of drinking water pursuant to section 142H.35. new text end

new text begin (b) Drinking water must be available to children throughout the hours of operation and offered at frequent intervals. Drinking water for children must be provided in single-service drinking cups, in reusable water bottles, in reusable cups, or from drinking fountains accessible to children. new text end

new text begin (c) A license holder may provide drinking water to a child in a reusable water bottle or reusable cup if the center develops and ensures implementation of a written policy that at a minimum includes the following procedures: new text end

new text begin (1) each day the water bottle or cup is used, the license holder must clean the water bottle or cup or allow the child's parent to bring the water bottle or cup home to clean it; new text end

new text begin (2) a water bottle or cup must be assigned to a specific child and labeled with the child's first and last name; new text end

new text begin (3) water bottles and cups must be stored in a manner that reduces the risk of a child using the wrong water bottle or cup; and new text end

new text begin (4) a water bottle or cup must be used only for water. new text end

new text begin Subd. 5. new text end

new text begin Menus. new text end

new text begin The license holder must ensure: new text end

new text begin (1) meals and snacks prepared or provided by the license holder or catered by a licensed food and beverage caterer comply with the meal pattern and nutritional requirements contained in the most current edition of the CACFP standards in Code of Federal Regulations, title 7, section 226.20; new text end

new text begin (2) menus comply with the meal pattern and nutritional requirements contained in the most current edition of the CACFP standards in Code of Federal Regulations, title 7, section 226.20; new text end

new text begin (3) the current menu is posted or made readily available to parents; and new text end

new text begin (4) any food substitutions are noted on the menu at the time of the change. new text end

new text begin Subd. 6. new text end

new text begin Sanitation. new text end

new text begin (a) Procedures for preparing, handling, storing, and serving food and washing food, utensils, and equipment must comply with the requirements for food and beverage establishments in Minnesota Rules, chapter 4626. new text end

new text begin (b) If the food is prepared off site by another facility or if food service is provided according to a contract with a food service provider, the facility or license holder must ensure that food is prepared in compliance with Minnesota Rules, chapter 4626. new text end

new text begin (c) The license holder must provide refrigeration for dairy products and other perishable foods, whether supplied by the license holder or supplied by the parent. The refrigeration must have a temperature of 41 degrees Fahrenheit or less. new text end

new text begin Subd. 7. new text end

new text begin Meals and snacks. new text end

new text begin Except for infants under subdivision 11, the license holder must serve meals and snacks to children as follows: new text end

new text begin (1) one snack for a child in attendance for two to five hours; new text end

new text begin (2) one meal and two snacks or two meals and one snack for a child in attendance for five to ten hours; new text end

new text begin (3) a minimum of two meals and two snacks for a child in attendance for more than ten hours; and new text end

new text begin (4) a minimum of three meals and two snacks for a child in attendance for more than 14 hours. new text end

new text begin Subd. 8. new text end

new text begin Prescribed diet requirements. new text end

new text begin (a) If a child is unable to follow the CACFP meal pattern requirements due to a diet-related medical condition, a prescribed diet accommodation is required. new text end

new text begin (b) The license holder must obtain documentation from the child's health care provider about the child's special dietary needs and keep that information current. The license holder must use this information to accommodate the child's dietary needs. new text end

new text begin (c) When a license holder enrolls a child who requires a prescribed diet, the license holder must ensure that an individual child care program plan is developed and maintained in the child's record, pursuant to sections 142H.15, subdivision 3, and 142H.27. new text end

new text begin (d) The license holder must provide for a child's prescribed dietary needs or require the parent to provide the prescribed diet items that are not part of the center's menu plan. new text end

new text begin Subd. 9. new text end

new text begin Cultural or religious diet accommodations. new text end

new text begin (a) When special diets are requested for cultural or religious reasons, the center must obtain written, dated, and signed instructions from the child's parent on how to accommodate the diet. new text end

new text begin (b) The license holder must provide for a child's special diet for cultural or religious reasons or require the parent to provide the food items that are not part of the center's menu plan. new text end

new text begin Subd. 10. new text end

new text begin Food allergy information. new text end

new text begin Information about food allergies of the children in the center must follow the requirements in section 142H.15, subdivision 5. new text end

new text begin Subd. 11. new text end

new text begin Infant food and feeding schedule. new text end

new text begin The diet and feeding schedule of an infant must be determined by the infant's parent. The license holder of a center serving infants must: new text end

new text begin (1) obtain written dietary instructions from the parent of the child that are used to develop the infant's feeding schedule and are updated as needed as the child's feeding needs change; new text end

new text begin (2) have each individual infant's feeding schedule available in the food preparation area; new text end

new text begin (3) offer the child formula or milk and nutritionally adequate solid foods in quantities at specified time intervals as determined by the parent; new text end

new text begin (4) ensure infants are held or fed sitting up for bottled feedings until the infant can independently sit up and feed themselves. A bottle must not be propped at any time for an infant or fed to an infant in a crib, infant seat, or playpen; new text end

new text begin (5) use sanitary procedures and practices to prepare, handle, and store formula, milk, breast milk, solid foods, and supplements, including having procedures to ensure bottles are matched to the correct infant. Procedures must be reviewed and certified by a health consultant; new text end

new text begin (6) not warm or heat bottles in a microwave; new text end

new text begin (7) not allow children access to bottle-warming devices; and new text end

new text begin (8) label all bottles, breast milk, or prepared parent-provided food with the child's first and last name and date of preparation. All formula must be refrigerated immediately after preparation or upon arrival if the formula is prepared by the parent. new text end

new text begin Subd. 12. new text end

new text begin Additional requirements. new text end

new text begin (a) The center must serve food that is not a choking hazard and that is developmentally appropriate in size, amount, and texture. new text end

new text begin (b) Program staff must be seated with the children during meal and snack times. new text end

Sec. 34.

new text begin [142H.33] TRANSPORTATION AND FIELD TRIP REQUIREMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin A license holder that provides transportation for children or that takes children off site must comply with the requirements in this section. new text end

new text begin Subd. 2. new text end

new text begin Driver requirements. new text end

new text begin (a) A driver who transports children for a license holder must: new text end

new text begin (1) be at least 18 years old; new text end

new text begin (2) hold a current and valid driver's license appropriate to the vehicle used to transport children; new text end

new text begin (3) have a copy of the driver's current driver's license on file at the center; new text end

new text begin (4) be free from the influence of any substance that could impair driving abilities; and new text end

new text begin (5) follow seat belt and child passenger restraint system requirements under sections 169.685 and 169.686. new text end

new text begin (b) Parents who are not employed by the center who use personal vehicles for transportation to occasional field trips do not have to meet the requirements of paragraph (a), clause (3). For the purposes of this subdivision, "occasional" means three or fewer times per calendar year. new text end

new text begin Subd. 3. new text end

new text begin Requirements during transportation. new text end

new text begin (a) One program staff is required per vehicle when transporting school-age children. Two program staff are required per vehicle when transporting infants, toddlers, and preschoolers. An additional program staff person is required in the vehicle if there are 12 or more infants and toddlers. The driver of the vehicle is considered a program staff person, unless the driver is employed by a contractor or third party. new text end

new text begin (b) A two-way communication system and first aid kit must be present in the vehicle during transportation. new text end

new text begin (c) Once children have exited, the vehicle must be checked to ensure that no child has been left in the vehicle. new text end

new text begin (d) When the license holder provides transportation to and from the center, children must not be transported more than one hour per one-way trip. new text end

new text begin (e) When children board or exit the vehicle, the license holder must ensure that each child safely boards and exits the vehicle from the curb side of the street whenever physically possible and out of the path of moving vehicles. new text end

new text begin (f) Drop off or pick up must be conducted in a safe manner with supervision by the program staff responsible for the child. new text end

new text begin Subd. 4. new text end

new text begin Field trip requirements. new text end

new text begin (a) For the purposes of this section, a field trip is defined as any time the center takes children off the property, including routine outings such as walking around the neighborhood. A center providing transportation for children to and from the center is not considered a field trip. new text end

new text begin (b) Staff-to-child ratios must be maintained on all field trips. new text end

new text begin (c) Written permission must be obtained from each child's parent before taking a child on a field trip. The written permission form must be obtained before each field trip or on a form that yearly summarizes all field trips that will be taken. The permission forms must be kept on file at the center. new text end

new text begin (d) The parent's written permission form must include: new text end

new text begin (1) the date and destination of the field trip; new text end

new text begin (2) the times of departure from and return to the facility; new text end

new text begin (3) the method of transportation; and new text end

new text begin (4) if the method of transportation is walking, an estimated total distance of the walk. new text end

new text begin (e) Unscheduled neighborhood walks may be taken, provided the program has obtained advance written parental permission for the general plan for neighborhood walks. new text end

new text begin (f) A child care program that includes daily or regular off-site outdoor activities in its child care program plan may use an annual permission form for these activities. Parents must be informed of specific destinations and any substantial changes to the general plan outlined in the annual permission form through the child care program's regular communication methods. The annual permission form must include the following information: new text end

new text begin (1) the general geographic area or areas where the off-site outdoor activities will occur; new text end

new text begin (2) the general hours during which off-site activities may occur; new text end

new text begin (3) the typical method of transportation; and new text end

new text begin (4) the typical maximum distance of walks, if the method of transportation is walking. new text end

new text begin (g) When centers take children on a walk or field trip, program staff must bring: new text end

new text begin (1) a first aid kit as required under section 142H.29, subdivision 9; new text end

new text begin (2) a child's allergy information as required under section 142H.15, including the individual child care program plan; new text end

new text begin (3) the name and telephone number of each child's parent and at least one emergency contact person; new text end

new text begin (4) medication and supplies needed for a child who has a health condition that could need medication, special procedures, or precautions during the course of the trip; and new text end

new text begin (5) a working cell phone or other means of immediate communication. new text end

Sec. 35.

new text begin [142H.34] FACILITY. new text end

new text begin Subdivision 1. new text end

new text begin Occupancy designation. new text end

new text begin (a) At initial licensure, an applicant must demonstrate compliance with the standards specified by the State Building Code and any applicable local building ordinances. new text end

new text begin (b) Prior to the child care facility being remodeled, substantially improved, renovated, or reconstructed, the license holder must verify whether approval from the applicable state or local building officials is needed. If needed, the license holder must obtain written verification of compliance with the State Building Code and any applicable local building ordinances. new text end

new text begin Subd. 2. new text end

new text begin Fire inspection. new text end

new text begin (a) The center must be inspected by a fire marshal within 12 months prior to initial licensure. The commissioner must not grant an initial license until receiving written approval of compliance with the State Fire Code from the fire marshal with jurisdiction. new text end

new text begin (b) Pursuant to the time frames in paragraph (d), the center must have a fire inspection at least once every five calendar years from the date of the last fire inspection report. The fire inspection must include written approval of compliance with the State Fire Code from the fire marshal with jurisdiction. new text end

new text begin (c) Prior to the use of any areas of the structure not previously inspected and approved for child care use, the center must: new text end

new text begin (1) receive written confirmation from the state fire marshal that approval from the state fire marshal is not needed; or new text end

new text begin (2) conduct a fire inspection, which must include written approval of compliance with the State Fire Code from the fire marshal with jurisdiction. new text end

new text begin (d) For centers holding a valid license as of July 1, 2029: new text end

new text begin (1) centers initially licensed before January 1, 1998, must meet the requirement under paragraph (b) no later than July 1, 2029; new text end

new text begin (2) centers initially licensed on or after January 1, 1998, but before January 1, 2013, must meet the requirement under paragraph (b) no later than July 1, 2030; new text end

new text begin (3) centers initially licensed on or after January 1, 2013, but before January 1, 2021, must meet the requirement under paragraph (b) no later than July 1, 2031; and new text end

new text begin (4) centers initially licensed on or after January 1, 2021, must meet the requirement under paragraph (b) no later than July 1, 2032. new text end

new text begin (e) Centers that have already completed a fire inspection within five years of July 1, 2029, are exempt from paragraph (d). new text end

new text begin Subd. 3. new text end

new text begin Reinspection for cause. new text end

new text begin If the commissioner has reasonable cause to believe that a potential hazard exists or the license holder is operating out of compliance with applicable codes, the commissioner may request another inspection and written report by a fire marshal, building official, or health authority. new text end

new text begin Subd. 4. new text end

new text begin Facility floor plan and designated areas. new text end

new text begin (a) Indoor and outdoor space to be used for child care must be designated on a facility floor plan. new text end

new text begin (b) Space designated on a facility floor plan must be exclusively used for child care by the center during the hours of operation. new text end

new text begin (c) The initial application for licensure and the center's administrative record must contain a floor plan of the center. Precise scale drawings are not required. The plan must indicate: new text end

new text begin (1) the dimensions and location of all areas of the center designated for the provision of child care including planned use of each area; and new text end

new text begin (2) the size and location of areas used for outdoor activity. new text end

new text begin Subd. 5. new text end

new text begin Child's personal storage space. new text end

new text begin A center must have storage space for each child's clothing and personal belongings. The space must be at a height appropriate for the age of the child. new text end

new text begin Subd. 6. new text end

new text begin Space for children who become sick. new text end

new text begin (a) Space must be provided in the center for a child who becomes sick at a center not licensed to operate a sick care program under section 142H.19. new text end

new text begin (b) The space must be separate from activity areas used by other children but may still be within the classroom. new text end

new text begin (c) A cot, mat, or crib and blanket must be provided as appropriate to the developmental level of the child. new text end

new text begin (d) The space must be supervised by a program staff person when occupied by a sick child. new text end

new text begin Subd. 7. new text end

new text begin Outdoor learning environment and play space. new text end

new text begin (a) A center must provide or have available an outdoor activity area that complies with this subdivision unless licensed to exclusively provide night care as specified under section 142H.16, licensed to provide drop-in care as specified under section 142H.17, licensed to provide sick care as specified under section 142H.19, or operating for fewer than three hours a day. new text end

new text begin (b) A center must have an outdoor activity area of at least 1,500 square feet, and there must be at least 75 square feet of space per child within the outdoor play area at any given time during use. new text end

new text begin (c) The outdoor activity area must be enclosed if it is located adjacent to a hazard, including but not limited to traffic, rail, water, or machinery, unless the area is a public park or playground. new text end

new text begin (d) An outdoor activity area used daily by children under school age must be within 2,000 feet of the center or transportation must be provided by the license holder. The outdoor activity area must not be farther than one-half mile from the center. new text end

new text begin (e) The area must contain the outdoor equipment required under section 142H.14. new text end

new text begin (f) The play area must be free of potential hazards, including but not limited to broken glass, toxic materials, machinery, unlocked vehicles, feces, and sewage contaminants. new text end

new text begin (g) An energy-absorbing surface is required under installed climbing equipment, swings, and slides. An energy-absorbing surface can be loose sand, pea gravel, or mulch in a depth of at least nine inches; any material that meets ASTM F1292 specifications; or shredded rubber and poured energy-absorbing surfacing installed to manufacturer's specifications based on the height of the equipment. A fall zone is required around the equipment. new text end

new text begin (h) Natural features used for outdoor play that are not installed as equipment are not subject to the requirements of paragraph (g). When a child uses natural features for outdoor play, a program staff person must remove hazardous objects as specified in subdivision 17 and mitigate hazards whenever possible from the surrounding area where children might fall. Natural features used for outdoor play must be appropriate to the age and size of children, in safe condition, and used under the supervision of a program staff person. new text end

new text begin Subd. 8. new text end

new text begin Indoor space. new text end

new text begin A center must have a minimum of 35 square feet of indoor space available per child in attendance. Hallways, stairways, closets, utility rooms, restrooms, kitchens, and space occupied by cribs are not indoor space for the purposes of this subdivision. Twenty-five percent of the space occupied by furniture or equipment used by staff or children may be counted as indoor space. new text end

new text begin Subd. 9. new text end

new text begin Shielding of hot surfaces. new text end

new text begin Heating appliances must be installed and maintained in accordance with the manufacturer's instruction and the State Building Code. Radiators, fireplaces, hot pipes, and other hot surfaces in areas used by children must be shielded or insulated to prevent burns. new text end

new text begin Subd. 10. new text end

new text begin Electrical outlets. new text end

new text begin Except in a center that serves only school-age children, electrical outlets must be tamper proof or shielded when not in use. new text end

new text begin Subd. 11. new text end

new text begin Water hazards. new text end

new text begin Bodies of water within or adjacent to the center must be inaccessible to children. When using a pool or beach, children must be supervised at all times. new text end

new text begin Subd. 12. new text end

new text begin Room temperature. new text end

new text begin An indoor temperature of 68 degrees Fahrenheit to 82 degrees Fahrenheit must be maintained in all rooms used by children. new text end

new text begin Subd. 13. new text end

new text begin Hazardous areas. new text end

new text begin Kitchens, stairs, and other hazardous areas must be inaccessible to children except during periods of supervised use. new text end

new text begin Subd. 14. new text end

new text begin Fire extinguisher inspection. new text end

new text begin Fire extinguishers must be serviced by a qualified inspector at least once every 365 days. The name of the inspector and date of the inspection must be written on a tag attached to the extinguisher. new text end

new text begin Subd. 15. new text end

new text begin Toilet articles. new text end

new text begin As needed, a license holder must provide and make available toilet paper, liquid hand soap, facial tissues, and single-use paper towels or warm air hand dryers. new text end

new text begin Subd. 16. new text end

new text begin Toilets and hand sinks. new text end

new text begin (a) The center must have at least one hand sink for every 15 children in the center's licensed capacity. new text end

new text begin (b) The center must have at least one toilet for every 15 children, excluding infants, in the center's licensed capacity. Toilet training chairs may be used for toddlers in lieu of a toilet. new text end

new text begin (c) The center must provide handwashing sinks within three feet of the diaper changing surface. The sink must have hot and cold running water. In newly constructed centers or those undergoing major remodeling to the plumbing system, foot- or wrist-operated sinks must be provided in the diaper changing area. new text end

new text begin (d) Any hand sink required for children other than infants must be in the toilet area. The temperature of hot water in the hand sinks used by children must not exceed 120 degrees Fahrenheit. Hand sinks for children must not be used for custodial work or food preparation, including preparing infant bottles. Single-service towels or air dryers must be available to dry hands and designed for easy use by children. new text end

new text begin (e) Toilets, sinks, faucets, and hand-drying devices in the toilet area used by children under school age other than infants must be placed at a height appropriate to the ages of the children. A sturdy nonslip platform on which children may stand may be used to meet the height requirement in this paragraph for toddlers and preschoolers. new text end

new text begin (f) Plungers and toilet-cleaning devices must be inaccessible to children. new text end

new text begin Subd. 17. new text end

new text begin Hazardous objects. new text end

new text begin (a) The license holder must prevent children from accessing hazardous objects, including any item that could reasonably cause injury, choking, poisoning, burning, cutting, or other harm to a child, or any item designated by the manufacturer to be stored out of reach of children. new text end

new text begin (b) Activities that are part of the program plan may include the use of hazardous objects when supervised by program staff. new text end

new text begin (c) Supplies and materials used by children must be labeled "nontoxic" by the manufacturer. new text end

new text begin Subd. 18. new text end

new text begin Telephone. new text end

new text begin (a) A working telephone that is capable of making outgoing calls and receiving incoming calls must be located within the licensed child care center at all times. The telephone must be accessible to staff as needed and be sufficiently charged for use at all times. new text end

new text begin (b) Program staff must have access to a working telephone while providing care and supervision to children in care outside of the child care facility. new text end

new text begin Subd. 19. new text end

new text begin Animals. new text end

new text begin A license holder must: new text end

new text begin (1) keep each animal housed in the program up to date on vaccines required for that species under state law or local ordinance and maintain documentation of vaccinations, if any; new text end

new text begin (2) notify parents prior to their child's enrollment of the presence of animals in the program, before new animals are housed, and prior to any animals visiting the program; new text end

new text begin (3) not let children handle animals without adult supervision; and new text end

new text begin (4) notify the parent of a child whose skin is broken by an animal bite or scratch or who is otherwise injured by an animal in writing of the injury. new text end

new text begin Subd. 20. new text end

new text begin Pest control. new text end

new text begin (a) Effective measures must be taken to protect the center against rodents and insects. If rodents, insects, or other pests are found, the license holder must take steps to remove or exterminate them. Chemicals, baits, and traps for insect and rodent control must not be used in areas accessible to children when children are present and must be used according to the manufacturer's instructions. new text end

new text begin (b) Chemicals to control weeds, rodents, insects, and other pests must be used only after other means have been used for control, such as eliminating harborages, removing access to food, and sealing points of entry. These compounds must be used according to labeled instructions. If chemicals are used, the license holder must notify the parents of enrolled children what pesticide will be applied and where it will be applied no less than 48 hours before application, unless in cases of emergency. Only approved, United States Environmental Protection Agency-registered insecticides, rodenticides, and herbicides may be used. Application must strictly follow all label instructions and must be authorized by the director. new text end

new text begin Subd. 21. new text end

new text begin Posting license. new text end

new text begin A license holder must post the license in a clearly visible place within the child care center that is accessible to parents and guardians. new text end

Sec. 36.

new text begin [142H.35] ENVIRONMENTAL HEALTH. new text end

new text begin Subdivision 1. new text end

new text begin Water supply. new text end

new text begin A child care center must have a safe water supply. Child care centers that obtain water from privately owned wells or sources must test any water used for cooking or drinking by a Department of Health-certified laboratory to verify safety. License holders must follow the lead testing requirements in section 145.9273. new text end

new text begin Subd. 2. new text end

new text begin Radon testing. new text end

new text begin (a) The license holder must notify parents whether radon testing has been conducted in the program upon enrollment and within 30 days of any subsequent testing done after enrollment. new text end

new text begin (b) When notifying parents, the license holder must use a form prescribed by the commissioner. The notice must include information from the Department of Health about what radon is and the potential risks associated with radon exposure. If testing has been completed, the notice must include: new text end

new text begin (1) the date of the most recent test; new text end

new text begin (2) the rooms or areas tested; and new text end

new text begin (3) the detected radon level or levels, stated in picocuries per liter. new text end

new text begin (c) A license holder must keep a copy of the most recent notice to parents and the radon test results on site and make the notice and results available to parents and the commissioner upon request. The provider may meet this requirement by posting the radon testing results in a conspicuous place. new text end

Sec. 37.

new text begin [142H.36] MALTREATMENT OF MINORS INTERNAL REVIEW. new text end

new text begin If a license holder has reason to know that an internal or external report of alleged or suspected maltreatment has been made, the license holder must: new text end

new text begin (1) establish and maintain policies and procedures to ensure that an internal review is completed within 30 calendar days and that corrective action is taken if necessary to protect the health and safety of children in care. The review must include an evaluation of whether: new text end

new text begin (i) related policies and procedures were followed; new text end

new text begin (ii) the policies and procedures were adequate; new text end

new text begin (iii) there is a need for additional staff training; new text end

new text begin (iv) the reported event is similar to past events with the children or the services involved; and new text end

new text begin (v) there is a need for corrective action by the license holder to protect the health and safety of children in care; new text end

new text begin (2) develop, document, and implement a corrective action plan designed to correct any current lapses and prevent future lapses in performance by individuals or the license holder, based on the results of the review; new text end

new text begin (3) identify the primary and secondary person or position who will ensure that, when required, internal reviews are completed. The secondary person must be involved when there is reason to believe that the primary person was involved in the alleged or suspected maltreatment; and new text end

new text begin (4) document and make internal reviews accessible to the commissioner immediately upon the commissioner's request. For the purposes of this section, the documentation provided to the commissioner by the license holder may consist of a completed checklist that verifies completion of each of the requirements of the review. new text end

Sec. 38.

Minnesota Statutes 2024, section 245A.211, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to all programs licensed or certified under this chapter, chapters 142C, new text begin 142H, 142I, new text end 245D, 245F, 245G, and sections 245I.20 and 245I.23. The requirements in this section are in addition to any applicable requirements for the use of holds or restraints for each license or certification type.

Sec. 39.

new text begin REVISOR INSTRUCTION. new text end

new text begin (a) The revisor of statutes must renumber Minnesota Statutes, section 142B.68, as Minnesota Statutes, section 142H.37. new text end

new text begin (b) The revisor of statutes must make any necessary changes to statutory cross-references to reflect the changes in this article. new text end

new text begin (c) The revisor of statutes must replicate the statutory history for all sections and subdivisions repealed and reenacted in this article. new text end

Sec. 40.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Rules, parts 9503.0005; 9503.0010; 9503.0015; 9503.0030; 9503.0031; 9503.0032; 9503.0033; 9503.0034; 9503.0040; 9503.0045; 9503.0050; 9503.0055; 9503.0060; 9503.0065; 9503.0070; 9503.0075; 9503.0080; 9503.0085; 9503.0090; 9503.0095; 9503.0100; 9503.0105; 9503.0110; 9503.0115; 9503.0120; 9503.0125; 9503.0130; 9503.0140; 9503.0145; 9503.0150; 9503.0155; and 9503.0170, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2024, sections 142B.01, subdivisions 11, 12, 25, 26, and 27; 142B.41, subdivisions 6, 7, 10, 11, 12, and 13; 142B.54, subdivisions 1, 2, and 3; 142B.65, subdivisions 1, 2, 3, 4, 5, 6, 7, and 10; and 142B.66, subdivisions 1, 2, 4, and 5, new text end new text begin are repealed. new text end

new text begin (c) new text end new text begin Minnesota Statutes 2025 Supplement, sections 142B.65, subdivisions 8 and 9; and 142B.66, subdivision 3, new text end new text begin are repealed. new text end

Sec. 41.

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective July 1, 2027. new text end

ARTICLE 13

FAMILY CHILD CARE LICENSING MODERNIZATION

Section 1.

new text begin [142I.01] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the terms in this section have the meanings given. new text end

new text begin Subd. 2. new text end

new text begin Accessible to children. new text end

new text begin "Accessible to children" means capable of being reached or used by a child without the aid of an adult. new text end

new text begin Subd. 3. new text end

new text begin Accredited. new text end

new text begin "Accredited" means a postsecondary institution or technical college recognized and listed in the database of accredited postsecondary institutions and programs maintained by the federal Department of Education. new text end

new text begin Subd. 4. new text end

new text begin Adult. new text end

new text begin "Adult" means a person at least 18 years of age. new text end

new text begin Subd. 5. new text end

new text begin Age categories. new text end

new text begin (a) "Newborn" means a child from birth up to six weeks old. new text end

new text begin (b) "Infant" means a child who is at least six weeks old but less than 12 months old. new text end

new text begin (c) "Toddler" means a child who is at least 12 months old but less than 24 months old. new text end

new text begin (d) "Preschooler" means a child who is at least 24 months old but less than five years of age. new text end

new text begin (e) "School age" means a child who is at least five years of age but is less than 11 years of age. new text end

new text begin Subd. 6. new text end

new text begin Agency. new text end

new text begin "Agency" means a county or multicounty social or human services agency governed by a county board or a multicounty human services board. new text end

new text begin Subd. 7. new text end

new text begin Annual or annually. new text end

new text begin "Annual" or "annually" means at least once each calendar year. new text end

new text begin Subd. 8. new text end

new text begin Applicant. new text end

new text begin "Applicant" has the same meaning as section 142B.01, subdivision 4. new text end

new text begin Subd. 9. new text end

new text begin Behavior guidance. new text end

new text begin "Behavior guidance" means an ongoing process whereby caregivers offer constructive, positive, and developmentally appropriate guidance to children to help them manage their own behavior in a socially acceptable manner. new text end

new text begin Subd. 10. new text end

new text begin Bodily fluid. new text end

new text begin "Bodily fluid" means urine, feces, vomit, blood, and other bodily fluids with blood present. new text end

new text begin Subd. 11. new text end

new text begin Building official. new text end

new text begin "Building official" means the person appointed pursuant to section 326B.133 to administer the State Building Code or the building official's authorized representative. new text end

new text begin Subd. 12. new text end

new text begin Caregiver. new text end

new text begin "Caregiver" means the license holder, primary provider of care, second adult caregiver, intermittent caregiver, helper, or substitute. new text end

new text begin Subd. 13. new text end

new text begin Child. new text end

new text begin "Child" means a person receiving child care services who falls within the age categories in subdivision 5. new text end

new text begin Subd. 14. new text end

new text begin Child care. new text end

new text begin "Child care" means the care of a child in a family child care program. This includes the children of the license holder and any other caregivers in the family child care program who receive child care during child care hours. new text end

new text begin Subd. 15. new text end

new text begin Child with special health care needs or disabilities. new text end

new text begin "Child with special health care needs or disabilities" means a child who: new text end

new text begin (1) has developmental disabilities or is otherwise eligible for case management as specified in Minnesota Rules, parts 9525.0004 to 9525.0036; new text end

new text begin (2) has been identified by the local school district as a child with a disability as specified in section 125A.02, subdivision 1; or new text end

new text begin (3) has been determined to be a child with a disability by a health care provider as defined in subdivision 25. new text end

new text begin Subd. 16. new text end

new text begin Clean. new text end

new text begin "Clean" means free from dirt or other contaminants that can be detected by sight, smell, or touch. new text end

new text begin Subd. 17. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of children, youth, and families or the commissioner's designated representative, including county agencies and private agencies. new text end

new text begin Subd. 18. new text end

new text begin Community-based family child care program. new text end

new text begin "Community-based family child care program" means a family child care program that operates at a location other than the primary residence of the license holder. new text end

new text begin Subd. 19. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Children, Youth, and Families. new text end

new text begin Subd. 20. new text end

new text begin Disinfect. new text end

new text begin "Disinfect" means the chemical process to kill most germs and viruses on surfaces and objects after the surfaces and objects have been cleaned. new text end

new text begin Subd. 21. new text end

new text begin Emergency replacement. new text end

new text begin "Emergency replacement" means an adult who supervises children in a family child care program due to an emergency and who has not completed the training requirements under this chapter or the background study requirements under chapter 245C. new text end

new text begin Subd. 22. new text end

new text begin Family child care program. new text end

new text begin "Family child care program" means a child care program licensed under this chapter and chapter 142B operating from the license holder's residence or other approved space that serves up to 18 children and is provided for less than 24 hours a day. new text end

new text begin Subd. 23. new text end

new text begin Fire marshal. new text end

new text begin "Fire marshal" means the person designated by section 299F.011 to administer and enforce the State Fire Code or a local fire code inspector approved by the fire marshal. new text end

new text begin Subd. 24. new text end

new text begin Hazardous materials. new text end

new text begin "Hazardous materials" means any item that could reasonably cause injury, choking, poisoning, burning, cutting, or other harm to a child, or any item designated by the manufacturer to be stored out of reach of children. new text end

new text begin Subd. 25. new text end

new text begin Health care provider. new text end

new text begin "Health care provider" means a physician or physician's assistant licensed to practice medicine under chapter 147; an advanced practice registered nurse licensed under section 148.171; or a licensed psychiatrist, licensed psychologist, or licensed consulting psychologist. new text end

new text begin Subd. 26. new text end

new text begin Helper. new text end

new text begin "Helper" means a minor, 14 through 17 years of age, who assists an adult caregiver with the care of children. new text end

new text begin Subd. 27. new text end

new text begin Inaccessible to children. new text end

new text begin "Inaccessible to children" means not capable of being reached or utilized by a child without the aid of an adult. new text end

new text begin Subd. 28. new text end

new text begin Intermittent caregiver. new text end

new text begin "Intermittent caregiver" means an adult who cares for children in a family child care program alongside another adult caregiver for a cumulative total of no more than 500 hours annually. new text end

new text begin Subd. 29. new text end

new text begin License. new text end

new text begin "License" has the meaning given in section 142B.01, subdivision 16. new text end

new text begin Subd. 30. new text end

new text begin License holder. new text end

new text begin "License holder" has the meaning given in section 142B.01, subdivision 17, for a family child care program. new text end

new text begin Subd. 31. new text end

new text begin Licensed capacity. new text end

new text begin "Licensed capacity" means the total number of children ten years of age or younger permitted at any one time on the premises of a family child care program. All children ten years of age or younger on the premises count toward the capacity of the family child care program. new text end

new text begin Subd. 32. new text end

new text begin Medication. new text end

new text begin "Medication" means any substance or preparation that is used to prevent or treat a wound, injury, infection, or disease; maintain health; heal; or relieve pain, including substances purchased over the counter or prescribed by a health care provider or dentist. Medication includes substances taken internally or applied externally. new text end

new text begin Subd. 33. new text end

new text begin Owner or renter. new text end

new text begin "Owner" or "renter" means the individual, individuals, organization, or government entity listed in the property title, deed, lease, or equivalent legal document. new text end

new text begin Subd. 34. new text end

new text begin Parent. new text end

new text begin "Parent" means a person who has the legal responsibility for a child, such as the child's mother, father, or legally appointed guardian. new text end

new text begin Subd. 35. new text end

new text begin Pests. new text end

new text begin "Pests" means any animals, insects, or other living creatures that are not housed within the family child care program and are considered harmful or detrimental to the health, safety, and well-being of individuals within a family child care program. This includes but is not limited to ants, rodents, cockroaches, bedbugs, or bats. new text end

new text begin Subd. 36. new text end

new text begin Pets. new text end

new text begin "Pets" means all animals housed at the family child care program or that have contact with children. new text end

new text begin Subd. 37. new text end

new text begin Premises. new text end

new text begin "Premises" means the indoor and outdoor space in which a family child care program is located. new text end

new text begin Subd. 38. new text end

new text begin Primary provider of care. new text end

new text begin "Primary provider of care" means the person responsible for providing care to children during the hours of operation and operating a family child care program in compliance with all applicable laws and regulations under this chapter and chapters 142B and 245C. All individual license holders are primary providers of care, as are individuals designated under section 142I.22, paragraph (f). new text end

new text begin Subd. 39. new text end

new text begin Radon testing. new text end

new text begin "Radon testing" means the measurement of radon gas levels in the indoor air of the building. new text end

new text begin Subd. 40. new text end

new text begin Related. new text end

new text begin "Related" means any of the following relationships by marriage, blood, or adoption: a spouse, a parent, an adoptive parent, a birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece, a nephew, a grandparent, a grandchild, a sibling, an aunt, an uncle, or a legal guardian. new text end

new text begin Subd. 41. new text end

new text begin Second adult caregiver. new text end

new text begin "Second adult caregiver'' means an adult who cares for children in the family child care program for a cumulative total of more than 500 hours annually along with the primary provider of care or substitute caregiver. new text end

new text begin Subd. 42. new text end

new text begin Separation. new text end

new text begin "Separation" is a form of behavior guidance that involves interruption of unacceptable behavior by the removal of a child from a situation with the intention of allowing the child an opportunity to pause and gain self-control. During a separation a child is not allowed to participate in activities with other children. new text end

new text begin Subd. 43. new text end

new text begin State Building Code. new text end

new text begin "State Building Code" means the codes and regulations adopted by the commissioner of administration pursuant to section 326B.107 and contained in Minnesota Rules, chapter 1300. new text end

new text begin Subd. 44. new text end

new text begin State Fire Code. new text end

new text begin "State Fire Code" means the codes and regulations adopted by the state fire marshal pursuant to section 299F.011 and contained in Minnesota Rules, chapter 7511. new text end

new text begin Subd. 45. new text end

new text begin Substitute. new text end

new text begin "Substitute" means an adult who is responsible for the duties of a primary provider of care when the primary provider of care is not present at the family child care program. A substitute may not provide care for more than 500 hours per calendar year. new text end

new text begin Subd. 46. new text end

new text begin Supervision. new text end

new text begin "Supervision" means: new text end

new text begin (1) caregivers must be within sight or hearing of newborns, infants, toddlers, and preschoolers at all times and must intervene in an effort to protect the health and safety of the child. Electronic monitoring devices can only be used to monitor infants, toddlers, and preschoolers when they are asleep; new text end

new text begin (2) for a school-age child, a caregiver must be available and in close enough proximity to provide in-person assistance and care to ensure the child's health and safety is protected. Electronic devices may be used to support supervision, but must not replace the caregiver's ability to provide assistance or care in person; and new text end

new text begin (3) the caregiver has an awareness of and responsibility for the activity of each child and is near enough to respond and reach children immediately, including responding to the child's basic needs and intervening to protect them from harm. new text end

new text begin Subd. 47. new text end

new text begin Variance. new text end

new text begin "Variance" means written permission from the department pursuant to the requirements in section 142B.10, subdivision 16, paragraph (c), for a license holder or applicant to depart from a specific requirement in this chapter or chapter 142B. new text end

Sec. 2.

new text begin [142I.02] LICENSING OF PROGRAMS. new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this chapter is to establish procedures and standards for licensing family child care and community-based family child care programs to ensure that minimum standards of care and service are given and the protection, care, health, safety, and development of the children are assured. new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin A family child care program must be licensed under this chapter and chapter 142B to operate in Minnesota. new text end

Sec. 3.

new text begin [142I.03] LICENSING PROCESS. new text end

new text begin Subdivision 1. new text end

new text begin License application. new text end

new text begin (a) An applicant for a family child care license must follow the requirements of this section and section 142B.10. new text end

new text begin (b) Applicants must use the application issued by the department. The application must be made in the county where the family child care program will operate. new text end

new text begin (c) Applicants must be the proposed license holders of the family child care program. new text end

new text begin (d) An application for licensure is complete and ready for the agency's review after the applicant completes, signs, and submits all department forms and documentation needed for licensure to the agency and the agency receives all inspection, zoning, evaluation, and investigative reports, documentation, and information required to verify compliance with this chapter and applicable statutes, including a completed background study for individuals subject to a study, as required under chapter 245C. new text end

new text begin Subd. 2. new text end

new text begin Licensing study. new text end

new text begin (a) The applicant must give the agency access to the family child care program for a licensing study to determine compliance with all applicable rules and statutes. new text end

new text begin (b) If the commissioner determines a potentially hazardous condition exists due to noncompliance with this chapter or local ordinances, the applicant must obtain an inspection from a fire marshal, building official, or authorized community health board agent under section 145A.04 to verify the absence of hazard or identify needed corrections. Any condition cited as hazardous and creating an immediate danger of fire or threat to life or safety must be corrected. new text end

new text begin (c) An applicant must undergo an initial inspection of the family child care program by a fire marshal to determine compliance with the State Fire Code and compliance with orders issued if the program: new text end

new text begin (1) has freestanding solid-fuel-heating appliances; new text end

new text begin (2) will operate in a manufactured or mobile home; new text end

new text begin (3) will use a basement for child care; new text end

new text begin (4) is located in mixed- or multiple-occupancy buildings. For the purposes of this clause, "mixed-occupancy building" means a structure that contains nonresidential occupancies, such as an attached garage, and "multiple-occupancy building" means a structure with two or more residential dwelling units, such as a duplex, apartment building, or townhome; or new text end

new text begin (5) is located in a commercial space. new text end

new text begin Subd. 3. new text end

new text begin Ineligibility factors. new text end

new text begin (a) An applicant, caregiver, or any person who resides where the family child care program operates and who is present when children are in care or works with the children in care is prohibited from: new text end

new text begin (1) abusing prescribed or nonprescribed drugs or use alcohol or controlled substances specified in chapter 152 to the extent that the use or abuse has or may have a negative effect on the ability of the primary provider of care to give care or is apparent during the hours of operation; new text end

new text begin (2) having had a child placed in foster care within the prior 12 months for reasons that the agency determines reflect on the ability of the license holder or the primary provider of care to safely provide family child care. This clause does not apply if the primary reason for the placement was due to a physical illness of the parent due to a disability of the child, including developmental disability of the child; or for the temporary care of a newborn or infant being relinquished for adoption; new text end

new text begin (3) having had a child placed in a residential facility within the prior 12 months for reasons that the agency determines reflect on the ability of the license holder or the primary provider of care to safely provide family child care; or new text end

new text begin (4) exhibiting behavior that could pose a risk to children being served in the family child care program. Additional assessments or documentation may be requested to determine the impact on the provider's ability to provide care. new text end

new text begin (b) Caregivers who have abused prescribed or nonprescribed drugs or have been dependent on alcohol or controlled substances specified in chapter 152, such that the use, abuse, or dependency has negatively affected the ability to give care, was apparent during the hours of operation, or required treatment or therapy, must have 12 months of verified abstinence before licensure. new text end

new text begin Subd. 4. new text end

new text begin Variances. new text end

new text begin The department may grant variances to this chapter. Upon receipt of a variance request, the department must make a determination on the variance request within 30 business days. new text end

new text begin Subd. 5. new text end

new text begin Posting license. new text end

new text begin The license holder must post the license in the family child care program in a location where parents, visitors, and authorized representatives of the commissioner can easily access and view the license. new text end

new text begin Subd. 6. new text end

new text begin Change in license terms. new text end

new text begin A license holder must submit a new application form in accordance with section 142B.10 before: new text end

new text begin (1) relocating the family child care program; new text end

new text begin (2) changing from family child care to community-based family child care; new text end

new text begin (3) changing from community-based family child care to family child care; new text end

new text begin (4) changing between any class A and class C license type; or new text end

new text begin (5) changing a current C license class to a higher C license class. new text end

new text begin Subd. 7. new text end

new text begin Number of licenses. new text end

new text begin Each individual applicant is limited to one family child care license. new text end

new text begin Subd. 8. new text end

new text begin Access to program. new text end

new text begin As required in section 142B.10, subdivision 12, caregivers must give authorized representatives of the commissioner access to the family child care program premises during the hours of operation. new text end

new text begin Subd. 9. new text end

new text begin Disposal of license. new text end

new text begin When a family child care program is closed, or if a license is revoked, suspended, or not renewed, the license holder must remove the license from being posted in the home within 14 days of ceasing operation or upon the final order of revocation, denial, or suspension of license; stop all advertising; and refrain from providing care to children as required in section 142B.05, subdivision 1. new text end

new text begin Subd. 10. new text end

new text begin Local government authority. new text end

new text begin The authority of local units of government to establish requirements for family child care programs is limited by section 299F.011, subdivision 4a, paragraph (a), clauses (1) and (2). new text end

new text begin Subd. 11. new text end

new text begin Background studies. new text end

new text begin All individuals subject to a background study must comply with the requirements of chapter 245C. new text end

new text begin Subd. 12. new text end

new text begin Child care license holder insurance. new text end

new text begin (a) The license holder must complete and provide to parents a form prescribed by the commissioner that includes information about the license holder's liability insurance status. The license holder must update the form and obtain each parent's signature whenever insurance coverage changes, a policy lapses, or a new policy takes effect. If the license holder has a continuous insurance policy that renews each year, the license holder may indicate the policy's renewal date in the initial written notice to parents, and no further notices are required until the insurance coverage changes or the policy lapses. new text end

new text begin (b) The form under this subdivision must include the date of the policy's expiration or renewal or indicate if the license holder does not carry liability insurance. new text end

new text begin (c) A copy of the current certificate of liability insurance must be made available upon request to parents, the commissioner, and agency licensing staff. new text end

Sec. 4.

new text begin [142I.04] AGENCY RECORDS. new text end

new text begin Subdivision 1. new text end

new text begin Agency records. new text end

new text begin An agency must maintain the following records for each license holder: new text end

new text begin (1) a copy of the completed licensing application form signed by the applicant and the agency; new text end

new text begin (2) a physical health report on any adult caregiver that was submitted prior to giving care in the family child care program. The physical health report must verify that the adult caregiver is physically able to care for children; new text end

new text begin (3) any written reports from a fire marshal, building official, or agent of a community health board authorized under chapter 145A; new text end

new text begin (4) if the applicant has been licensed through another jurisdiction, a reference from the licensing authority in that jurisdiction; new text end

new text begin (5) the initial and annual inspection by the agency of the license holder. Any comments of the license holder about the inspections by the agency must also be noted in the agency record; new text end

new text begin (6) a copy of the notification given to parents, prior to a child's admission, indicating that pets are present in the residence and documentation as required in section 142I.19, subdivision 4; new text end

new text begin (7) documentation of any variance requests and the approval or denial of the request in accordance with section 142I.03; and new text end

new text begin (8) the results of each background study required under chapter 245C. new text end

new text begin Subd. 2. new text end

new text begin Data privacy. new text end

new text begin The agency, commissioner, and authorized agent as defined in section 142B.01, subdivision 5, must have access to license holder records on children in care to determine compliance with this chapter. All caregivers must maintain the privacy of records on children by refraining from discussing or disclosing any records, including electronic records, or information on children in care to any persons other than the parent of the child, the agency, the commissioner, and medical or public safety persons if the information is necessary to protect the health and safety of the child. new text end

Sec. 5.

new text begin [142I.05] REPORTING TO AGENCY. new text end

new text begin Subdivision 1. new text end

new text begin Maltreatment, abuse, and neglect reporting. new text end

new text begin All caregivers who suspect, know, or have reason to believe a child is being or has been maltreated under section 260E.03, subdivision 12, must immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, Tribal social services agency, or Tribal police as required by chapter 260E. new text end

new text begin Subd. 2. new text end

new text begin Other reporting. new text end

new text begin Primary providers of care must notify the agency: new text end

new text begin (1) prior to anyone moving into the residence where family child care services are provided. A background study must be completed in accordance with section 245C.13, subdivision 2; new text end

new text begin (2) within ten calendar days after a household member has moved out of the residence where family child care services are provided; new text end

new text begin (3) before a new caregiver provides direct contact services for the first time, unless an individual is acting as an emergency replacement according to section 142I.09, subdivision 2; new text end

new text begin (4) of any damage to the premises that may affect compliance with this chapter or any incident at the premises that results in the loss of utility services, within 24 hours after the occurrence; new text end

new text begin (5) within 24 hours after the occurrence of any serious injury, head injury, hospitalization, or death of a child in care. For the purposes of this clause, "serious injury" means an injury that reasonably requires the care of a health care provider or dentist; and new text end

new text begin (6) within 24 hours after the occurrence of an animal bite in accordance with section 142I.19, subdivision 4. new text end

Sec. 6.

new text begin [142I.06] ADMISSIONS; RECORDS; REPORTING. new text end

new text begin Subdivision 1. new text end

new text begin Admission and ongoing information. new text end

new text begin (a) Prior to admission of a child and annually while the child is enrolled, the parents and primary provider of care must discuss family child care program policies and licensing requirements. new text end

new text begin (b) The license holder must not disclose a child's record to any person other than the child, the child's parent or guardian, the child's legal representative, employees of the license holder, and the agency unless the child's parent or guardian has given written consent or as otherwise required by law. new text end

new text begin Subd. 2. new text end

new text begin Statutory summary for parents. new text end

new text begin A descriptive summary of this chapter must be distributed to the parent by the license holder at the time a child is admitted to care. The summary must be provided by the department to the agencies for distribution to license holders and must: new text end

new text begin (1) state that this chapter and chapter 142B govern the licensing of family child care programs; new text end

new text begin (2) specify the section headings contained in this chapter; and new text end

new text begin (3) state that a complete copy of this chapter is available at the family child care program, agency, department, or State Law Library or through the revisor of statutes website. new text end

new text begin Subd. 3. new text end

new text begin Parental access. new text end

new text begin A parent who has enrolled a child must be allowed access to the child and the licensed space at any time while the child is in care unless a court order or other legal documentation restricts access. A copy of the order or other legal documentation must be kept in the child's record at the family child care program. new text end

new text begin Subd. 4. new text end

new text begin Attendance records. new text end

new text begin A license holder must maintain documentation of attendance for each child receiving care for a minimum of five years. The records must be accessible to the commissioner during the family child care program's hours of operation, must be completed on the day of attendance, and must include: new text end

new text begin (1) the first and last name of the child; new text end

new text begin (2) the time of day that the child was dropped off; and new text end

new text begin (3) the time of day that the child was picked up. new text end

new text begin Subd. 5. new text end

new text begin License holder policies. new text end

new text begin (a) The license holder must follow and monitor implementation of the policies and procedures by all caregivers as required in section 142B.10, subdivision 21. new text end

new text begin (b) When applicable for the program, the license holder must have written policies available for discussion with parents and the commissioner and provide an electronic or hard copy to the parent at the time of admission or upon request. The policies must include, at a minimum: new text end

new text begin (1) program operation policies, including: new text end

new text begin (i) the ages and numbers of children the family child care program is licensed to serve; new text end

new text begin (ii) the hours and days of operation, including plans for holiday closings, personal time, and policies for inclement weather closings; new text end

new text begin (iii) fees, including payment schedule, overtime charges, and registration fees as applicable; new text end

new text begin (iv) parental access to the family child care program that states a parent who enrolls a child must be allowed access to the child and the licensed space at any time while the child is in care; new text end

new text begin (v) nondiscrimination practices to comply with section 142I.21; new text end

new text begin (vi) the termination of child care and expulsion notice procedures; and new text end

new text begin (vii) the use of a helper, a substitute for personal leave or holidays, and an emergency substitute according to the licensing requirements in section 142I.09; new text end

new text begin (2) health and safety policies, including on: new text end

new text begin (i) allergy prevention and response; new text end

new text begin (ii) the administration and storage of medication and topical products; new text end

new text begin (iii) the care of ill children, isolation precautions, symptoms for discharge and return, immunizations, medicine permission policies, and whether the license holder will care for an ill child; new text end

new text begin (iv) disease notification procedures, including notifying the parents of exposed children within 24 hours of a parent or caregiver notifying the license holder of a reportable disease under section 142I.19, subdivision 9. The notice must be posted in a clearly visible, accessible place or provided individually to each parent of a child who was exposed; new text end

new text begin (v) meals, snacks, infant formula, breast milk, and supplemental foods to be provided, including labeling requirements for food brought from the child's home; new text end

new text begin (vi) sleeping and resting arrangements; new text end

new text begin (vii) emergency procedures, fire and storm plans, and transportation in an emergency, including whether parent permission is required; new text end

new text begin (viii) how the license holder prevents abuse of prescription medication or being in any manner under the influence of a chemical that impairs the caregiver's ability to provide services or care as required under section 142B.10, subdivision 1, paragraph (c); and new text end

new text begin (ix) the legal requirements for firearms in a family child care program through a statement that must include the language under section 142I.19, subdivision 7; and new text end

new text begin (3) program environment policies, including: new text end

new text begin (i) behavior guidance and discipline; new text end

new text begin (ii) field trips, including by foot, and whether parent permission is required; new text end

new text begin (iii) the presence of pets in the family child care program, including notification prior to the introduction of a new pet to the program; new text end

new text begin (iv) the use of screen time; and new text end

new text begin (v) the use of social media, images, and video in accordance with subdivision 7. new text end

new text begin Subd. 6. new text end

new text begin Records for each child. new text end

new text begin (a) The license holder must obtain the records in this subdivision from parents prior to the admission of a child. The license holder must keep this information up to date and on file for each child. The license holder must have a parent annually review the information in a child's record, update the information as necessary, and keep the information on file. new text end

new text begin (b) For each enrolled child, the license holder must maintain a signed and completed admission and arrangement form, as prescribed by the commissioner, and a completed enrollment form, as developed and approved by the commissioner. new text end

new text begin (c) Immunization records must be kept in accordance with section 121A.15 and Minnesota Rules, chapter 4604. Prior to enrollment, a license holder must request a child's immunization record. The record must be kept on file and updated as follows: new text end

new text begin (1) for an infant, every six months; new text end

new text begin (2) for a toddler, annually; new text end

new text begin (3) for a preschooler, every 18 months; and new text end

new text begin (4) for a school-age child, every three years. new text end

new text begin (d) For each enrolled child, the license holder must obtain signed written consent from a parent allowing the license holder to obtain emergency medical care or treatment for the child. new text end

new text begin (e) A license holder must release a child from care only to a parent or other person authorized in writing by the parent. The information must be reviewed at least annually by the parent and updated when information changes. new text end

new text begin Subd. 7. new text end

new text begin Social media, images, and video sharing. new text end

new text begin (a) Caregivers are prohibited from sharing photos, videos, or other personal identifying information of enrolled children, except to provide updates to parents who have provided written consent. If a license holder wishes to use photos or videos of the family child care program and the enrolled children for promotional or publicity purposes, including on social media accounts or public digital platforms, the license holder must obtain written consent from parents prior to use. new text end

new text begin (b) Notwithstanding paragraph (a), the license holder must share photos, videos, and other personal identifying information of enrolled children with the commissioner upon request. new text end

new text begin Subd. 8. new text end

new text begin Nondiscrimination. new text end

new text begin A caregiver is prohibited from discriminating in relation to enrollment in their program based on race, color, creed, religion, national origin, sex, gender identity, marital status, disability, sexual orientation, or familial status. new text end

Sec. 7.

new text begin [142I.07] CAPACITY AND RATIOS. new text end

new text begin Subdivision 1. new text end

new text begin Capacity limits. new text end

new text begin License holders must be licensed for the total number of children ten years of age or younger who are present on the premises of the family child care program at any one time during child care hours, including the caregiver's own children and foster children. new text end

new text begin Subd. 2. new text end

new text begin Capacity, ratios, and age distribution restrictions. new text end

new text begin (a) The commissioner must issue licenses based on the capacity and ratios in this subdivision. new text end

new text begin (b) License holders with a class A license must meet the following requirements: new text end

new text begin Class new text end	new text begin Capacity new text end	new text begin Minimum Adult Caregivers new text end	new text begin Maximum Children Under School Age new text end	new text begin Maximum Total Infants and Toddlers new text end	new text begin Maximum Infants new text end
new text begin A new text end	new text begin 10 new text end	new text begin 1 new text end	new text begin 6 new text end	new text begin 3 new text end	new text begin 2 new text end

new text begin (c) License holders with a class C license must meet the following requirements: new text end

new text begin Class new text end	new text begin Capacity new text end	new text begin Minimum Adult Caregivers new text end	new text begin Maximum Children Under School Age new text end	new text begin Maximum Total Infants and Toddlers new text end	new text begin Maximum Infants new text end
new text begin C1 new text end	new text begin 5 new text end	new text begin 1 new text end	new text begin 5 new text end	new text begin 3 new text end	new text begin 3 new text end
new text begin C2 new text end	new text begin 10 new text end	new text begin 1 new text end	new text begin 8 new text end	new text begin 4 new text end	new text begin 2 new text end
new text begin C3 new text end	new text begin 12 new text end	new text begin 1 new text end	new text begin 10 new text end	new text begin 3 new text end	new text begin 2 new text end
new text begin C4 new text end	new text begin 14 new text end	new text begin 2 new text end	new text begin 10 new text end	new text begin 6 new text end	new text begin 4 new text end
new text begin C5 new text end	new text begin 18 new text end	new text begin 2 new text end	new text begin 12 new text end	new text begin 5 new text end	new text begin 2 new text end

new text begin Subd. 3. new text end

new text begin Newborn care. new text end

new text begin When a newborn is in care and only one adult caregiver is present, the newborn must be the only child under 12 months of age present, and the license holder must not care for more than two other children at the same time unless the newborn is the license holder's child. When a second adult caregiver is also present or the newborn is the child of the license holder, then the newborn is considered an infant for the purposes of child-to-adult ratios and age distribution restrictions. new text end

new text begin Subd. 4. new text end

new text begin Supervision, primary provider of care, and use of substitutes. new text end

new text begin (a) Children in care must be supervised by an adult caregiver. The adult caregiver must have knowledge of each child's needs, including but not limited to developmental and behavioral needs and parental preferences, and be accountable for each child's care at all times. A caregiver must be within sight or hearing of newborns, infants, toddlers, and preschoolers at all times without the use of monitoring devices, except as provided in section 142I.18. new text end

new text begin (b) The primary provider of care must be the primary caregiver in the family child care program unless a substitute is being used in accordance with section 142I.09. A helper may be used in place of a second adult caregiver when there is no more than one newborn, infant, or toddler present. new text end

new text begin (c) The use of a substitute caregiver must be in accordance with section 142I.09. new text end

new text begin Subd. 5. new text end

new text begin Overnight care. new text end

new text begin When a family child care program has a child in care after 11 p.m. and before 5 a.m.: new text end

new text begin (1) at least one adult caregiver must remain awake and available to respond to children's needs at all times. The program must maintain required caregiver-to-child ratios. Additional caregivers may sleep when ratios are maintained and must be available to resume supervision when needed; new text end

new text begin (2) all awake children must be given the opportunity to engage in age-appropriate activities in a separate room away from sleeping children; and new text end

new text begin (3) the child care emergency plan must include a plan tailored to sleeping children. new text end

new text begin Subd. 6. new text end

new text begin Class C5 licenses. new text end

new text begin (a) Class C5 licenses must always operate at the level of exit discharge. new text end

new text begin (b) A family child care program with a class C license may operate as a lower C-class level family child care program on days when the adult-to-child ratios allow it to operate at a lower capacity. new text end

new text begin Subd. 7. new text end

new text begin Care of the license holder's own child or children. new text end

new text begin (a) With the license holder's consent, an individual may be present in the licensed space and care for the license holder's own child both inside and outside of the licensed space and is exempt from the training and supervision requirements of section 142I.10 if the individual: new text end

new text begin (1) is related to the license holder or to the license holder's child, as defined in section 142I.01, subdivision 40, or is a household member who the license holder has reported to the county agency; new text end

new text begin (2) is not a caregiver for the family child care program at the time that they are supervising the license holder's own child; new text end

new text begin (3) only cares for the license holder's own child; and new text end

new text begin (4) does not have direct, unsupervised contact with any nonrelative children in care. new text end

new text begin (b) If the individual in paragraph (a) is not a household member, the individual is also exempt from background study requirements under chapter 245C. new text end

new text begin (c) Where a caregiver is also a parent providing care to their own child in the family child care program, sections 142I.13; 142I.17; 142I.20, subdivisions 1 to 3; and 142I.21 do not apply to caregivers with regards to the care of their own children. new text end

new text begin (d) Notwithstanding paragraph (c), family child care programs with license holders or caregivers providing care to their own child are not exempt from the capacity, ratio, and age distribution requirements under this section. License holders and caregivers remain subject to chapters 260E and 609 and other applicable statutes and rules. new text end

new text begin (e) Notwithstanding paragraph (c), the agency may enforce the standards in sections 142I.13; 142I.17; 142I.20, subdivisions 1 to 3; and 142I.21 when the caregiver's actions with regards to the care of their own children affect the other children in the caregiver's care. new text end

Sec. 8.

new text begin [142I.08] QUALIFICATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Age. new text end

new text begin An applicant for a family child care license must be an adult at the time of application. new text end

new text begin Subd. 2. new text end

new text begin Physical and behavioral health. new text end

new text begin (a) An adult caregiver must be physically and mentally able to care for children. An applicant or primary provider of care must provide documentation to the agency along with the license application verifying that the applicant has had a physical examination by a licensed physician, advanced practice registered nurse, or physician assistant within 12 months prior to the application for initial licensure and that the applicant or primary provider of care is physically able to care for children. Prior to assisting in the care of children, the applicant must also provide documentation verifying that any adult caregiver has had a physical examination by a licensed physician, advanced practice registered nurse, or physician assistant within the past 12 months and is physically able to care for children. new text end

new text begin (b) The commissioner may require a caregiver to provide reports on the caregiver's physical or mental health from a health care provider when there is reason to believe that a caregiver exhibits physical or mental health symptoms that could impair the caregiver's ability to ensure the health and safety of children. The reports must not be used for any other purpose than to determine whether the caregiver's physical or mental health impacts the health and safety of children. new text end

new text begin Subd. 3. new text end

new text begin Additional class C5 license requirements. new text end

new text begin (a) An applicant or primary provider of care receiving a class C5 license must have at least one of: new text end

new text begin (1) a minimum of one year of substantial compliance with this chapter as a Minnesota-licensed family child care license holder, primary provider of care, or second adult caregiver and a minimum of 1500 hours of direct care in a family child care program serving children; new text end

new text begin (2) a minimum of six months of substantial compliance with this chapter as a family child care license holder, primary provider of care, or second adult caregiver in Minnesota and: new text end

new text begin (i) a minimum of 520 hours of experience as an assistant teacher, student teacher, or intern in an elementary school, after-school program, or Minnesota-licensed child care center or as an adult caregiver in a Minnesota-licensed family child care program and 30 hours of child care, health, and nutrition training as specified in section 142I.10; or new text end

new text begin (ii) a minimum of 520 hours of experience as a licensed practical or registered nurse, and 30 hours of child development or early childhood education training, as specified in section 142I.10; new text end

new text begin (3) certification or licensure indicating completion of one of the following: new text end

new text begin (i) a two-year child development or early childhood education associate or certificate program at an accredited college or university; new text end

new text begin (ii) a child development associate certification; new text end

new text begin (iii) a certification from a recognized Montessori organization; new text end

new text begin (iv) a bachelor's degree or higher in early childhood education from an accredited college or university; or new text end

new text begin (v) an elementary education degree from an accredited college or university that includes a minimum of 30 hours of child development training; or new text end

new text begin (4) six months' experience working an average of 30 hours a week or more as a teacher, as defined in section 142H.06, at a Minnesota-licensed child care center. new text end

new text begin (b) An applicant or primary provider of care must complete an additional large group training created by the commissioner as a condition of receiving a class C5 license. new text end

Sec. 9.

new text begin [142I.09] SUBSTITUTE CAREGIVERS AND REPLACEMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Total hours allowed. new text end

new text begin The use of a substitute caregiver in a family child care program is limited to a cumulative total of not more than 500 hours annually. When a substitute is used, prior to the end of each business day the license holder must document the name, date, and number of hours of each substitute who provided care. new text end

new text begin Subd. 2. new text end

new text begin Emergency replacement supervision. new text end

new text begin (a) In an emergency, a license holder may allow an adult who has not completed the training requirements under this chapter or the background study requirements under chapter 245C to supervise children in a family child care program. For purposes of this subdivision, "emergency" means a situation in which the license holder has begun operating the family child care program for the day and for reasons beyond the control of the license holder, including but not limited to a serious illness or injury, accident, or situation requiring the immediate attention of the license holder, the license holder needs to leave the licensed space and close the program for the day. new text end

new text begin (b) To the extent practicable, the license holder must attempt to arrange for emergency care by a substitute caregiver before using an emergency replacement. new text end

new text begin (c) When an emergency occurs: new text end

new text begin (1) the license holder or emergency replacement must contact the parents of the children attending the family child care program and inform the parents that the program is closing for the day and that the children need to be picked up as soon as practicable; new text end

new text begin (2) the license holder must not knowingly use a person as an emergency replacement who has committed an action or has been convicted of a crime that would cause the person to be disqualified from providing care to children if a background study was conducted under chapter 245C; new text end

new text begin (3) the license holder must make reasonable efforts to minimize the amount of time the emergency replacement has unsupervised contact with the children in care not to exceed 12 hours per emergency incident; new text end

new text begin (4) the family child care program must be closed for the day once the last unrelated child has left the program; and new text end

new text begin (5) the license holder must notify the county licensing agency within seven days that an emergency replacement was used and specify the circumstances that led to the use of the emergency replacement. new text end

new text begin (d) The county licensing agency must notify the commissioner within three business days after receiving the license holder's notice that an emergency replacement was used and specify to the commissioner the circumstances that led to the use of the emergency replacement. new text end

new text begin (e) A license holder is not required to provide the names of persons who may be used as replacements in emergencies to parents or the county licensing agency. However, once an emergency replacement has been used, the license holder must provide the name of the individual used to the county licensing agency. new text end

Sec. 10.

new text begin [142I.10] APPLICANT, PRIMARY PROVIDER OF CARE, AND SECOND ADULT CAREGIVER TRAINING REQUIREMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Initial training; applicant, primary provider of care, and second adult caregiver. new text end

new text begin (a) Before providing care, an applicant, a primary provider of care, and each second adult caregiver must have completed all required initial training within the prior 24 months. new text end

new text begin (b) Initial training does not need to be completed before providing care in the following circumstances: new text end

new text begin (1) a primary provider of care who voluntarily closes a license and reopens within 12 months has one year from the new license's effective date to complete annual and ongoing training and is exempt from repeating initial training; new text end

new text begin (2) a primary provider of care who relocates within the state has until the end of the calendar year to complete annual and ongoing training and is not required to repeat initial training previously completed; and new text end

new text begin (3) a primary provider of care who relocates to a new county must not be required by the new county to complete orientation or other training required for new applicants. new text end

new text begin (c) Each applicant, primary provider of care, and second adult caregiver must complete and document the following before providing care: new text end

new text begin (1) at least four hours of child development, learning, or behavior guidance training. An individual is exempt if the individual provides documentation verifying that the individual: new text end

new text begin (i) has completed a three-credit early childhood development course within the past five years; new text end

new text begin (ii) holds a baccalaureate or master's degree in early childhood education or school-age child care; new text end

new text begin (iii) holds a Minnesota teaching license in early childhood education, kindergarten through grade 6, or special education; or new text end

new text begin (iv) holds a Montessori certificate; new text end

new text begin (2) the six-hour supervising for safety for family child care course developed by the commissioner; new text end

new text begin (3) pediatric first aid training provided by an instructor certified to teach pediatric first aid. Current training documentation must be maintained at the family child care program and made available upon request. Online training reviewed and approved by the county licensing agency satisfies this requirement; new text end

new text begin (4) pediatric cardiopulmonary resuscitation (CPR) training that: new text end

new text begin (i) is instructor led or blended with a hands-on skills component. Online-only CPR courses without a hands-on component do not meet this requirement; new text end

new text begin (ii)(A) is developed by the American Heart Association or the American Red Cross; or new text end

new text begin (B) uses nationally recognized, evidence-based guidelines for CPR training; and new text end

new text begin (iii) is provided by an instructor approved by the commissioner to teach CPR; new text end

new text begin (5) for programs licensed for children younger than school age, training on reducing the risk of sudden unexpected infant death and abusive head trauma, which may be combined in a single commissioner-approved course. This training must, at a minimum, address the risk factors related to sudden unexpected infant death and abusive head trauma and the means of reducing the risk of each; new text end

new text begin (6) training on proper use and installation of child passenger restraint systems under section 169.685 of at least one hour in length that is provided by an instructor certified and approved by the Department of Public Safety. At a minimum, the training must address the proper use of child restraint systems based on the child's size, weight, and age and the proper installation of a car seat or booster seat in the motor vehicle used by the caregiver to transport the child or children. This requirement does not apply to family child care programs that transport only school-age children as defined in section 142I.01, subdivision 5, paragraph (e), in child care buses as defined in section 169.448, subdivision 1, paragraph (e); new text end

new text begin (7) training on the child care emergency plan required under section 142I.19, subdivision 2; new text end

new text begin (8) training on allergy prevention and response required under section 142I.06, subdivision 5, paragraph (b); new text end

new text begin (9) training on the community-based family child care program plan required under section 142I.22, if applicable; new text end

new text begin (10) training on the family child care program policies and procedures required under section 142I.06; new text end

new text begin (11) training on reporting suspected maltreatment of children as required under chapter 260E; and new text end

new text begin (12) swimming pool training under section 142I.14, subdivision 6, if a pool at the family child care program is used by children in care. new text end

new text begin (d) County licensing staff must accept approved training on the primary provider of care or second adult caregiver's learning record in the Develop data system for early education and school-age care. new text end

new text begin Subd. 2. new text end

new text begin Annual training; primary provider of care and second adult caregiver. new text end

new text begin (a) A primary provider of care and each second adult caregiver must annually complete and document the following training: new text end

new text begin (1) at least two hours of child development, learning, or behavior guidance training. A three-credit early childhood development course completed within the calendar year meets this requirement; new text end

new text begin (2) a two-hour active supervision course developed or approved by the commissioner; new text end

new text begin (3) training on reducing the risk of sudden unexpected infant death if caring for infants and training on reducing the risk of abusive head trauma if caring for children under school age, which must: new text end

new text begin (i) be completed in person or online at least once every two years; and new text end

new text begin (ii) in alternating years, be completed through a commissioner-approved video not exceeding one hour in length; and new text end

new text begin (4) at least four hours of ongoing training each calendar year that must include topics identified in the Minnesota knowledge and competency framework. Repeat of topical training requirements in subdivision 1 counts toward the annual ten-hour requirement. new text end

new text begin (b) A caregiver who is approved as a trainer through the Develop data system may count up to two hours of training instruction toward the annual ten-hour training requirement in paragraph (a), clause (4), if: new text end

new text begin (1) the training is the first instance in which the caregiver delivers a particular content-specific training during each training year; new text end

new text begin (2) the caregiver is a Develop-approved active trainer; and new text end

new text begin (3) the hours counted as training instruction are approved through the Develop data system with attendance verified on the trainer's individual learning record and are in the knowledge and competency framework content areas VII A, establishing healthy practices, or B, ensuring safety. new text end

new text begin (c) Unless specifically authorized in this section, one training does not fulfill two different training requirements. Courses within the identified knowledge and competency areas that are specific to child care centers or legal nonlicensed programs do not fulfill the requirements of this section. new text end

new text begin (d) County licensing staff must accept training designated by the commissioner as satisfying training requirements if the training is within the knowledge and competency framework for child development and learning, behavior guidance, and active supervision as indicated on the department's website. new text end

new text begin Subd. 3. new text end

new text begin Ongoing training; primary provider of care and second adult caregiver. new text end

new text begin (a) A primary provider of care and each second adult caregiver must complete and document the following training: new text end

new text begin (1) pediatric cardiopulmonary resuscitation training that meets the requirements of subdivision 1, paragraph (c), clause (4), and is repeated every two years within 90 days of the second anniversary of the previous training. Documentation must be maintained at the family child care program or electronically and made available upon request; new text end

new text begin (2) pediatric first aid training by a certified instructor repeated every two years within 90 days of the second anniversary of the previous training. Documentation of the training must be maintained at the family child care program or electronically and made available upon request; new text end

new text begin (3) commissioner-developed Health and Safety I and Health and Safety II training at least once every five years. Completion of either course in a given year meets the annual active supervision training requirement in subdivision 2, paragraph (a), clause (2); new text end

new text begin (4) proper use and installation of child passenger restraint systems under section 169.685 that meets the requirements of subdivision 1, paragraph (c), clause (6), and is repeated at least once every five years. This requirement does not apply to family child care programs that transport only school-age children as defined in section 142I.01, subdivision 5, paragraph (e), in child care buses as defined in section 169.448, subdivision 1, paragraph (e); and new text end

new text begin (5) fire safety training developed by the State Fire Marshal's Office that must be completed once every five years. new text end

new text begin (b) If a license holder changes any of the policies and procedures under section 142I.06, subdivision 5, the primary provider of care and each second adult caregiver must review the revised policies and procedures within ten days of the change. new text end

new text begin (c) The license holder must maintain documentation of each review of the revised policies and procedures at the family child care program. The documentation requirements under this paragraph may be met by a date noted on the revised policies or procedures. new text end

new text begin Subd. 4. new text end

new text begin Commissioner designated training. new text end

new text begin Training designated by the commissioner satisfies the training requirements under this section if the training is within the knowledge and competency framework for child development and learning, behavior guidance, and active supervision, as indicated on the department's website. new text end

Sec. 11.

new text begin [142I.11] SUBSTITUTE AND INTERMITTENT CAREGIVER TRAINING REQUIREMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Initial training; substitute and intermittent caregiver. new text end

new text begin (a) Before providing care, each substitute and intermittent caregiver must complete the following training requirements within the previous 12 months: new text end

new text begin (1) the four-hour basics of family child care for substitutes course developed by the commissioner; new text end

new text begin (2) pediatric first aid training provided by an instructor certified to teach pediatric first aid. Current training documentation must be maintained at the family child care program and made available upon request. Online training reviewed and approved by the county licensing agency satisfies this requirement; new text end

new text begin (3) pediatric cardiopulmonary resuscitation training that meets the requirements of section 142I.10, subdivision 1, paragraph (c), clause (4); new text end

new text begin (4) for programs licensed for children younger than school age, training on reducing the risk of sudden unexpected infant death and abusive head trauma, which may be combined in a single commissioner-approved course. This training must, at a minimum, address the risk factors related to sudden unexpected infant death and abusive head trauma and the means of reducing the risk of each; new text end

new text begin (5) training on proper use and installation of child passenger restraint systems under section 169.685 of at least one hour in length, provided by an instructor certified and approved by the Department of Public Safety. This requirement does not apply to family child care programs that transport only school-age children as defined in section 142I.01, subdivision 5, paragraph (e), in child care buses as defined in section 169.448, subdivision 1, paragraph (e). At a minimum, the training must address the proper use of child restraint systems based on the child's size, weight, and age and the proper installation of a car seat or booster seat in the motor vehicle used by the caregiver to transport the child or children; new text end

new text begin (6) training on the child care emergency plan required under section 142I.19, subdivision 2; new text end

new text begin (7) training on allergy prevention and response required under section 142I.06, subdivision 5, paragraph (b); new text end

new text begin (8) training on the community-based family child care program plan required under section 142I.22, if applicable; new text end

new text begin (9) training on the family child care program policies and procedures required under section 142I.06; new text end

new text begin (10) training on reporting suspected maltreatment of children as required under chapter 260E; and new text end

new text begin (11) swimming pool training under section 142I.14, subdivision 6, if a pool at the family child care program is used by children in care. new text end

new text begin (b) County licensing staff must accept approved training on the substitute or intermittent caregiver's learning record in the Develop data system for early education and school-age care. new text end

new text begin Subd. 2. new text end

new text begin Annual training; substitute and intermittent caregiver. new text end

new text begin (a) Substitutes and intermittent caregivers must complete a minimum of one hour of training each calendar year, and the training must include the requirements in this section. new text end

new text begin (b) Each calendar year, a substitute or intermittent caregiver must receive training on reducing the risk of abusive head trauma from shaking infants and young children if caring for children under school age and reducing the risk of sudden unexpected infant death if caring for infants. A substitute must complete each applicable course at least once every two years either in person or online. In a year a substitute or intermittent caregiver is not completing an applicable course under this paragraph in person or online, the individual must watch a video on the respective topic of no more than one hour in length. The video must be developed or approved by the commissioner. A license holder must maintain documentation of compliance with this paragraph for each substitute and intermittent caregiver employed. new text end

new text begin Subd. 3. new text end

new text begin Ongoing training; substitute and intermittent caregiver. new text end

new text begin (a) At least once every three years, a substitute or intermittent caregiver must complete the four-hour basics of family child care for substitutes course. new text end

new text begin (b) A substitute or intermittent caregiver must complete the following training: new text end

new text begin (1) pediatric cardiopulmonary resuscitation training that meets the requirements of section 142I.10, subdivision 1, paragraph (c), clause (4), and is repeated every two years within 90 days of the second anniversary of the previous training. Documentation must be maintained at the family child care program or electronically and made available upon request; new text end

new text begin (2) pediatric first aid that is given by an instructor certified to provide pediatric first aid and is repeated every two years within 90 days of the second anniversary of the previous training. Documentation of the training must be maintained at the family child care program or electronically and made available upon request; and new text end

new text begin (3) proper use and installation of child passenger restraint systems under section 169.685 that meets the requirements of section 142I.10, subdivision 1, paragraph (c), clause (6), and is repeated at least once every five years. This requirement does not apply to family child care programs that transport only school-age children as defined in section 142I.01, subdivision 5, paragraph (e), in child care buses as defined in section 169.448, subdivision 1, paragraph (e). new text end

Sec. 12.

new text begin [142I.12] HELPER TRAINING REQUIREMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Initial training; helper. new text end

new text begin (a) Before assisting in care, a helper who assists with care must complete a minimum of four hours of training within the previous 12 months. The four hours must include courses on: new text end

new text begin (1) reducing the risk of sudden unexpected infant death if the program is licensed to care for infants; new text end

new text begin (2) abusive head trauma if the program is licensed to care for children younger than school age; and new text end

new text begin (3) reporting suspected maltreatment of children as required under chapter 260E. new text end

new text begin (b) The trainings required under paragraph (a) may be combined in a single commissioner-approved course. new text end

new text begin (c) A license holder must maintain written or electronic documentation showing that each helper has complied with this subdivision. new text end

new text begin Subd. 2. new text end

new text begin Annual training; helper. new text end

new text begin (a) Each calendar year, a helper who assists in the care of children must receive training on reducing the risk of sudden unexpected infant death if the program is licensed to care for infants, and abusive head trauma if the program is licensed to care for children younger than school age. The trainings under this paragraph may be combined in a single commissioner-approved course and must, at a minimum, address risk factors, methods of risk reduction in child care, and communication with parents regarding risk reduction. new text end

new text begin (b) A license holder must maintain documentation showing each helper has complied with this subdivision. new text end

new text begin (c) County licensing staff must accept approved training on the helper's learning record in the Develop data system. new text end

Sec. 13.

new text begin [142I.13] BEHAVIOR GUIDANCE. new text end

new text begin Subdivision 1. new text end

new text begin Methods of promoting positive behavior. new text end

new text begin A license holder must: new text end

new text begin (1) positively role model acceptable behavior to each child; new text end

new text begin (2) tailor methods of promoting positive behavior to the developmental level of the children the family child care program is licensed to serve; new text end

new text begin (3) ensure redirection is used as appropriate in addressing a child's behavior, to guide a child away from potential challenges toward constructive activity. For the purposes of this clause, "redirection" means when a caregiver intervenes and guides a child toward constructive activity through positive techniques; new text end

new text begin (4) teach children how to use acceptable alternatives to reduce conflict; and new text end

new text begin (5) protect the safety and well-being of children and caregivers. new text end

new text begin Subd. 2. new text end

new text begin Prohibited actions. new text end

new text begin A license holder must prohibit every caregiver from: new text end

new text begin (1) subjecting a child to corporal or physical punishment. This includes but is not limited to rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, spitting, hitting, and spanking; new text end

new text begin (2) subjecting a child to name calling, ostracism, shaming, making derogatory remarks about the child or the child's family, cultural or racial slurs, and yelling or using profane language that threatens, humiliates, or frightens the child; new text end

new text begin (3) forcing a child to maintain an uncomfortable position or to continuously repeat physical movements; new text end

new text begin (4) separating a child from the group except as provided in subdivision 3; new text end

new text begin (5) punishing a child for: new text end

new text begin (i) not resting, napping, or sleeping; new text end

new text begin (ii) toileting accidents; new text end

new text begin (iii) failing to eat all or part of meals or snacks; or new text end

new text begin (iv) failing to complete an activity; new text end

new text begin (6) denying a child food or drink or forcing food or drink upon a child; new text end

new text begin (7) denying light, warmth, clothing, or medical care as a punishment for unacceptable behavior; new text end

new text begin (8) the use of physical restraint other than to physically hold a child when containment is necessary to protect a child or others from harm; new text end

new text begin (9) the use of prone restraints, as prohibited by section 245A.211; new text end

new text begin (10) the use of mechanical restraints, such as tying, or any device or equipment intended to restrict or prevent movement as a means of discipline or for reasons unrelated to the child's care, safety, or planned activity; new text end

new text begin (11) giving a child any nonprescribed substance to subdue or restrict movement or behavior; new text end

new text begin (12) delegating the discipline or punishment of a child to another child; and new text end

new text begin (13) punishing or shaming a child for the actions of a parent. This includes but is not limited to failure to pay fees, failure to provide appropriate clothing, failure to provide materials for an activity, or any conflict between the license holder or caregiver and the parent. new text end

new text begin Subd. 3. new text end

new text begin Separation time from the group. new text end

new text begin A caregiver must not separate a child from the child's group as a means of behavior guidance unless the caregiver has tried less intrusive methods of guiding the child's behavior that have been ineffective and the child's behavior threatens the well-being of the child or other children in the family child care program. Separation from the group must meet the following requirements: new text end

new text begin (1) children younger than three years old must not be separated from the group as a means of behavior guidance; new text end

new text begin (2) the separation time must be limited to the amount of time necessary for the child to gain self-control and rejoin the group while being supported by the caregiver; new text end

new text begin (3) the child must be supervised; new text end

new text begin (4) the child must not be placed in a locked room to separate the child from the group; and new text end

new text begin (5) the caregiver must provide the separation time in an age-appropriate, nonhumiliating manner for the child. new text end

Sec. 14.

new text begin [142I.14] PHYSICAL SPACE REQUIREMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Indoor space. new text end

new text begin (a) The licensed capacity of the family child care program must be limited by the amount of usable indoor space available to children. A minimum of 35 square feet of usable indoor space is required per child. new text end

new text begin (b) Bathrooms, closets, space occupied by major appliances, and other space not used by children may not be counted as usable space. Space occupied by adult furniture, if it is used by children, may be counted as usable indoor space. new text end

new text begin (c) Usable indoor space may include a basement if it has been inspected and approved by a fire marshal, is free of hazards, and meets the requirements of subdivision 4. new text end

new text begin (d) All exits leading from indoor to outdoor space must be fully clear of obstruction. new text end

new text begin Subd. 2. new text end

new text begin Escape routes. new text end

new text begin (a) The main means of escape must be a stairway or door leading to the floor with an exit to the outside. new text end

new text begin (b) Any room that has sleeping children must have an escape route separate from the main exit referenced in paragraph (a). This escape route must be a door or an egress window leading directly outside. new text end

new text begin (c) When the basement is used for care, the basement must have at least one escape route separate from the main exit under paragraph (a). This escape route must be a door or an egress window leading directly outside. new text end

new text begin (d) Required escape routes must not be obstructed and must be accessible and openable without special knowledge. new text end

new text begin Subd. 3. new text end

new text begin Outdoor learning environment and play space. new text end

new text begin (a) A family child care program must have an outdoor play space of at least 50 square feet per child the program is licensed to serve for regular use or a park, playground, or play space within 1,500 feet of the family child care program. new text end

new text begin (b) During outdoor play: new text end

new text begin (1) the adult caregiver must remain outdoors with infants, toddlers, and preschoolers at all times; new text end

new text begin (2) school-age children may be permitted in the approved outdoor play space at the family child care program without a caregiver if: new text end

new text begin (i) the children are engaged in age-appropriate activities using age-appropriate equipment; and new text end

new text begin (ii) a caregiver remains accessible to provide supervision when needed in accordance with section 142I.01, subdivision 46; and new text end

new text begin (3) when the outdoor play space is not at the family child care program, a caregiver must accompany and supervise all children in transit and at the outdoor play space. new text end

new text begin (c) Caregivers must prevent children from accessing hazardous materials. new text end

new text begin (d) Outdoor play areas must be protected from traffic and nearby hazards. If traffic or other hazards are present, the family child care program must have: new text end

new text begin (1) a continuous fence in good condition with functioning gates or a continuous natural barrier or a combination of fence and naturally occurring or landscaping barrier. The fence or natural barrier must ensure that children are not able to leave the outdoor play area unsupervised; or new text end

new text begin (2) a supervision and safety plan if a fence is not used that includes alternative methods to ensure the health, safety, and protection of children in care. new text end

new text begin (e) Electrical fences must be inaccessible to children in care. new text end

new text begin (f) Caregivers must take measures to protect children from the dangers of sun exposure, extreme heat or cold, and air quality. new text end

new text begin (g) Outdoor equipment, whether stationary or portable, must be safe, be in good repair, be assembled according to the manufacturer's guidelines, and meet the developmental needs of the age groups of children using the space. new text end

new text begin (h) Equipment including but not limited to climbing gyms, swings, and slides must: new text end

new text begin (1) not have openings between 3-1/2 inches and nine inches in size to prevent entrapment of the head or other body parts; new text end

new text begin (2) have guardrails or protective barriers on platforms that are 30 inches or higher. A protective barrier is a continuous structure surrounding the platform that is designed to prevent a person from falling or passing through, whether intentionally or accidentally; and new text end

new text begin (3) be assembled, installed, and utilized according to the manufacturer's guidelines. new text end

new text begin Subd. 4. new text end

new text begin Conditions of the program. new text end

new text begin The licensed space must be maintained in a manner that protects the health and safety of children in care. The license holder must ensure that: new text end

new text begin (1) the family child care program space is free from conditions that endanger the health or safety of children, including unsanitary conditions or excessive accumulation of materials that can start a fire or create other safety hazards; new text end

new text begin (2) the furnishings, equipment, and materials are arranged and stored so that hallways, stairways, doors, and exit routes remain unobstructed and usable for safe exit; and new text end

new text begin (3) the amount and placement of stored items do not create an increased risk of fire or injury or impede the safe supervision of children. new text end

new text begin Subd. 5. new text end

new text begin Portable wading pools. new text end

new text begin (a) A child must not use a portable wading pool as defined in section 144.1222, subdivision 2a, at a family child care program unless the parent of the child has provided written consent. The written consent must include a statement that the parent has received and read material provided by the Department of Health on wading pool safety for parents related to the risk of disease transmission as well as other health risks associated with the use of portable wading pools. new text end

new text begin (b) The license holder must empty wading pools daily. new text end

new text begin (c) A caregiver must supervise children at all times while a wading pool is in use and must be able to clearly see all parts of the wading area. When not in use under the supervision of a caregiver, wading pools must be inaccessible to children. new text end

new text begin Subd. 6. new text end

new text begin Swimming pools. new text end

new text begin (a) For the purposes of this subdivision, "swimming pool" has the meaning in section 144.1222, subdivision 2b, and does not include a portable wading pool as defined in section 144.1222, subdivision 2a, or a spa pool as defined in Minnesota Rules, part 4717.0250. new text end

new text begin (b) A license holder must comply with the following requirements in order for children in the program to use a swimming pool located at the program: new text end

new text begin (1) not have had a licensing sanction under section 142B.18 or a correction order or conditional license under section 142B.16 relating to the supervision or health and safety of children during the prior 24 months; new text end

new text begin (2) notify the county agency before initial use of the swimming pool each calendar year; new text end

new text begin (3) obtain written consent from a child's parent allowing the child to use the swimming pool and renew the parent's written consent at least annually. The written consent must include a statement that the parent has received and read materials provided by the Department of Health related to the risk of disease transmission as well as other health risks associated with swimming pools. The written consent must also include a statement that neither the Department of Health nor the county agency will monitor or inspect the license holder's swimming pool; new text end

new text begin (4) attend and successfully complete a swimming pool supervision training course annually; new text end

new text begin (5) attend and successfully complete one of the following swimming pool operator training courses once every five years: new text end

new text begin (i) both of the National Spa and Pool Institute Tech I and Tech II courses; or new text end

new text begin (ii) the National Recreation and Park Association aquatic facility operator course; new text end

new text begin (6) ensure all toilet-trained children use the bathroom before the children enter the swimming pool; new text end

new text begin (7) require all children who are not toilet trained to wear swim diapers while in the swimming pool; new text end

new text begin (8) if fecal material enters the swimming pool water, add three times the normal shock treatment to the pool water to raise the chlorine level to at least 20 parts per million and close the pool to swimming for the 24 hours following the entrance of fecal material into the water or until the water pH and disinfectant concentration levels have returned to the standards specified in clause (10), whichever is later; new text end

new text begin (9) prevent any person from entering the swimming pool who has an open wound or has or is suspected of having a communicable disease; new text end

new text begin (10) maintain the swimming pool water at a pH of not less than 7.2 and not more than 8.0, maintain the disinfectant concentration between two and five parts per million for chlorine or between 2.3 and 4.5 parts per million for bromine, and maintain a daily record of the swimming pool's operation with pH and disinfectant concentration readings on days when children cared for at the family child care program are present; new text end

new text begin (11) have a disinfectant feeder or feeders; new text end

new text begin (12) have a recirculation system that will clarify and disinfect the swimming pool volume of water in ten hours or less; new text end

new text begin (13) maintain the swimming pool's water clarity so that an object on the pool floor at the pool's deepest point is easily visible; new text end

new text begin (14) comply with the provisions in section 144.1222, subdivisions 1c and 1d; new text end

new text begin (15) have in place and enforce written safety rules and swimming pool policies; new text end

new text begin (16) have in place at all times a safety rope that divides the shallow and deep portions of the swimming pool; new text end

new text begin (17) maintain compliance with any existing local ordinances regarding swimming pool installation, decks, and fencing; new text end

new text begin (18) maintain a water temperature of not more than 104 degrees Fahrenheit and not less than 70 degrees Fahrenheit; new text end

new text begin (19) cover the swimming pool when not in use; new text end

new text begin (20) follow the requirements of subdivision 7; and new text end

new text begin (21) for lifesaving equipment, have a United States Coast Guard-approved life ring attached to a rope, an exit ladder, and a shepherd's hook available at all times to the caregiver supervising the swimming pool. new text end

new text begin Subd. 7. new text end

new text begin Water hazards. new text end

new text begin (a) Swimming and wading pools, beaches, wells, or other bodies of water on or adjacent to the site of the family child care program must be inaccessible to children except during periods of supervised use. new text end

new text begin (b) All water hazards, such as inground or aboveground swimming pools, hot tubs, stationary wading pools, fish ponds, and water retention or detention basins on the site of the family child care program must be enclosed with a permanent fence, wall, building wall, other physical barrier, or combination thereof that is at least four feet in height. A house exterior wall can constitute one side of a fence if the wall has no openings capable of providing direct access to the hazard, including but not limited to doors or windows. new text end

new text begin (c) The family child care program may not allow a child in care to use a swimming pool or beach without an adult caregiver trained in first aid and CPR present. new text end

new text begin (d) Bodies of water must be separated from the play area by a fence or other physical barrier that prevents children from accessing the water. The house door alone is not a sufficient barrier. new text end

new text begin Subd. 8. new text end

new text begin Water play. new text end

new text begin (a) Parental permission is not required for children to use splash pads, sprinklers, or other water toys that spray or jet water on the users and do not have standing water. Splash pads, sprinklers, or other water toys that retain water are considered wading pools and are required to meet the requirements of subdivision 5. new text end

new text begin (b) Water tables designed for children to play with their hands must be emptied daily. The caregiver must supervise children at all times while a water table is in use and must be able to clearly see all parts of the water table. When not in use under the supervision of a caregiver, water tables must be inaccessible to children. new text end

new text begin Subd. 9. new text end

new text begin Separation between attached garage and family child care program. new text end

new text begin The separation wall between the residence and garage must meet the requirements of Minnesota Rules, part 1309.0302. new text end

new text begin Subd. 10. new text end

new text begin Ventilation, heating, and cooling systems. new text end

new text begin (a) Heating, ventilation, and air conditioning systems must be operated according to the manufacturer's instructions and in good repair. Gas, coal, wood, kerosene, or oil heaters must be vented to the outside in accordance with the State Building Code. new text end

new text begin (b) Items that can be ignited and support combustion, including but not limited to plastic, fabric, and wood products, must not be located within: new text end

new text begin (1) 18 inches of a gas or fuel-oil heater or furnace; or new text end

new text begin (2) 36 inches of a solid-fuel-burning appliance. new text end

new text begin (c) If a license holder produces manufacturer instructions listing a distance closer than the requirements under paragraph (b), the manufacturer instructions control the required distance of combustible items from gas, fuel-oil, or solid-fuel-burning heaters or furnaces. new text end

new text begin (d) When in use, fireplaces, wood-burning stoves, solid-fuel-burning appliances, space heaters, steam radiators, outdoor fire pits, and other potentially hot surfaces, such as steam pipes, must be protected by guards or protective covering to keep hands and bodies away, prevent burns, and prevent fires. All fireplaces, wood-burning stoves, space heaters, steam radiators, and furnaces must be installed according to the State Building Code. The furnace, hot water heater, and utility rooms must be inaccessible to children. new text end

new text begin (e) Ventilation of usable space must meet the requirements of the State Building Code. Outside doors and windows used for ventilation in summer months must be screened when biting insects are prevalent. The screens must be in good repair. Sources of harmful and unpleasant odors including urine and pet waste must be removed to the extent possible by removing the source of the odor or by removing odors through cleaning and ventilation. new text end

new text begin Subd. 11. new text end

new text begin Temperature. new text end

new text begin A minimum temperature of 62 degrees Fahrenheit must be maintained in indoor areas used by children. new text end

new text begin Subd. 12. new text end

new text begin Sewage disposal. new text end

new text begin Family child care programs must have working toilets and a sewage disposal system that conform to the State Building Code or local septic system ordinances. Toilet training equipment must be emptied and cleaned after each use. Outdoor toilets, including compostable toilets, are permissible in accordance with local septic system ordinances. new text end

new text begin Subd. 13. new text end

new text begin Construction or remodeling. new text end

new text begin During construction or remodeling, children must not have access to construction or remodeling areas within or around the premises. new text end

new text begin Subd. 14. new text end

new text begin Interior walls and ceilings. new text end

new text begin The walls and ceilings within a family child care program, including those in corridors, stairways, and lobbies, must have a flame spread rating of 200 or less. new text end

new text begin Subd. 15. new text end

new text begin Electrical services. new text end

new text begin (a) All electric outlets in a family child care program accessible to children must be tamper-proof or shielded when not in use. All major electrical appliances must be properly installed and grounded in accordance with the State Electrical Code and in good working order. new text end

new text begin (b) Electrical wiring must be sized to provide for the load and be in good repair. Extension cords must not be used as a substitute for permanent wiring. new text end

new text begin Subd. 16. new text end

new text begin Fire extinguisher. new text end

new text begin A portable, operational, multipurpose, and dry chemical fire extinguisher with a minimum 2-A 10-BC rating must be located near the required exit door of the program at all times. The fire extinguisher must be serviced annually by a qualified inspector and evidence of annual service must be documented. All caregivers must know how to properly use the fire extinguisher. new text end

new text begin Subd. 17. new text end

new text begin Carbon monoxide and smoke alarms. new text end

new text begin (a) A family child care program must have an approved and operational carbon monoxide alarm installed within ten feet of each area used for sleeping children in care. new text end

new text begin (b) A family child care program must properly install and maintain smoke alarms models that have been approved by the Underwriter Laboratory on all levels, including basements, and in hallways outside rooms used for sleeping children in care. Smoke alarms are not required in crawl spaces and uninhabitable attics. For family child care programs in buildings that began construction on or after March 31, 2020, smoke alarms must be installed and maintained in each room used for children in care to sleep. new text end

new text begin Subd. 18. new text end

new text begin Stairways. new text end

new text begin All family child care programs with stairways must: new text end

new text begin (1) have handrails on at least one side of stairways of four or more steps; new text end

new text begin (2) enclose any open area between the handrail and stair tread with a protective guardrail as specified in the State Building Code. The back of the stair risers must also be enclosed; new text end

new text begin (3) use gates at the top and bottom of stairways when children who are six to 18 months old are in care; and new text end

new text begin (4) keep stairways well lit, in good repair, and free of clutter and obstructions. new text end

new text begin Subd. 19. new text end

new text begin Lofted spaces. new text end

new text begin Decks, balconies, or lofts that are used by children and are more than 30 inches above the ground or floor must be surrounded by a protective guardrail and be constructed in compliance with the State Building Code. The State Building Code allows appropriate openings for access to the spaces under this subdivision, such as a doorway or a gate. Wooden decks must be free of splinters and in good repair. new text end

new text begin Subd. 20. new text end

new text begin Locks and latches. new text end

new text begin (a) A door latch on a closet or other confining space must be able to be unlatched so that the door can be opened from inside the closet or other confining space. new text end

new text begin (b) Every interior door lock must permit opening of the locked door from the outside and the opening device must be readily accessible to all caregivers. new text end

new text begin (c) Exit doors must not have double cylinder locks where a key is required on both sides. new text end

new text begin (d) Locks may not be used in place of supervision. new text end

new text begin Subd. 21. new text end

new text begin Tobacco products, cannabis, vaping, drugs, and alcohol use prohibitions. new text end

new text begin (a) Smoking of tobacco, cannabis, or any other product, including through electronic delivery devices, is prohibited in both indoor and outdoor family child care program environments and in any vehicles used by the family child care program during hours of operation. new text end

new text begin (b) The use of alcohol or illegal or recreational drugs is prohibited on the premises of a family child care program during hours of operation. new text end

new text begin (c) If the license holder allows smoking of tobacco, cannabis, or any other product, including through electronic delivery devices, on the premises outside of child care hours, the license holder must verbally provide notice to parents and must post written notice in an obvious location disclosing this information. new text end

new text begin (d) While caring for children, a caregiver must not be under the influence of any substance that impairs the individual's ability to supervise children or perform the individual's duties. new text end

Sec. 15.

new text begin [142I.15] CLEANING AND DISINFECTING. new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) The family child care program must be free from accumulations of dirt, peeling paint, visible or known debris, soiled items, hazardous clutter, and pet waste. new text end

new text begin (b) Disinfectants must: new text end

new text begin (1) not be used prior to or in place of cleaning compounds; new text end

new text begin (2) be mixed and used according to the manufacturer's instructions; and new text end

new text begin (3) be used on surfaces that are contaminated with bodily fluids. new text end

new text begin Subd. 2. new text end

new text begin Toys. new text end

new text begin A caregiver must clean and disinfect a toy that has been in a child's mouth prior to use by another child. Toys that come into contact with bodily fluids must be cleaned and disinfected prior to next use. Toys must be cleaned and disinfected as needed if there are visible or known contaminants or debris on them. new text end

new text begin Subd. 3. new text end

new text begin Food and eating areas. new text end

new text begin Surfaces and tools that are used for preparing or serving food must be cleaned. new text end

new text begin Subd. 4. new text end

new text begin Indoor and outdoor equipment. new text end

new text begin (a) The indoor and outdoor space and equipment of the family child care program must be clean. new text end

new text begin (b) Natural features, elements, and materials used as equipment and play materials for outdoor play under section 142I.14, subdivision 3, are exempt from being clean, as defined under section 142I.01, subdivision 16. A caregiver must inspect natural features, elements, and materials used for outdoor play for hazardous objects and other safety hazards, including animal feces, and remove or mitigate the hazard before a child's use. new text end

new text begin Subd. 5. new text end

new text begin Sleeping. new text end

new text begin Bedding, as defined in section 142I.17, subdivision 10, must be cleaned and disinfected at least weekly or when visibly dirty. new text end

new text begin Subd. 6. new text end

new text begin Toilet training equipment. new text end

new text begin Toilet training chairs and seats must be cleaned and disinfected after each use. new text end

new text begin Subd. 7. new text end

new text begin Hand washing. new text end

new text begin (a) A child's hands must be washed with soap and running water when soiled, after the use of a toilet or toilet training chair, and before eating a meal or snack. The caregiver must monitor and assist a child who needs help. Children's hands must be dried on a separate or single-use towel. new text end

new text begin (b) In sinks and tubs accessible to children, the water temperature must not be able to exceed 120 degrees Fahrenheit. new text end

new text begin (c) Caregivers must wash their hands with soap and water after each diaper change, after assisting a child on the toilet, after washing the diapering surface, and before food preparation. The caregiver's hands must be dried on a separate or single-use towel. new text end

new text begin Subd. 8. new text end

new text begin Diapers, changing areas, and disposal. new text end

new text begin (a) An adequate supply of clean diapers must be available for each child who uses diapers. Diapers may be disposable or made of cloth. Diapers must be stored in a clean space that is inaccessible to children. new text end

new text begin (b) If a family child care program uses cloth diapers, then: new text end

new text begin (1) the cloth diapers must have an absorbent inner layer that is completely covered with an outer waterproof layer that has a waist closure; new text end

new text begin (2) the cloth diaper and waterproof layer must be changed at the same time; and new text end

new text begin (3) the cloth diapers supplied by parents, except those supplied by a commercial diaper service, must be labeled with the child's name and must be placed in a plastic bag after removal with any soiled clothing and sent home with the parent daily. new text end

new text begin (c) Single-service disposable wipes or clean washcloths must be used for washing a soiled child before rediapering. new text end

new text begin (d) The diaper changing area must be covered with a smooth, nonabsorbent surface. Changing tables, changing pads, and other diaper changing areas must be cleaned and disinfected between children, even if using a nonabsorbent covering that is discarded after each use. Diapering must not take place in a food preparation area. new text end

new text begin (e) Disposable diapers must be disposed of in a covered container located in the diaper changing area and lined with a disposable plastic bag or directly outdoors in a garbage can. new text end

Sec. 16.

new text begin [142I.16] ENVIRONMENTAL HEALTH. new text end

new text begin Subdivision 1. new text end

new text begin Water supply. new text end

new text begin (a) All family child care programs must have a safe water supply. new text end

new text begin (b) Family child care programs that draw water from privately owned wells must test the water annually by a Department of Health-certified laboratory for coliform bacteria and nitrate nitrogen and receive confirmation that the water is safe. The family child care program must submit a copy of the test results with the agency. Retesting and corrective measures may be required by the agency if results do not meet state drinking water standards or where the supply may be subject to off-site contamination. A copy of the most recent water testing results must be kept on the licensed premises. If the water test results are at or above Department of Health-recommended levels or if the license holder declines to test the water supply in the program, the license holder must: new text end

new text begin (1) supply bottled or packaged water; new text end

new text begin (2) use water filtration devices that have been certified by the National Science Foundation or American National Standards Institute to remove the contaminant. The water filtration device must be attached directly to water faucets, inserted into the refrigerator water dispenser, or inserted into water pitchers or bottles. The water filtration device must be maintained according to manufacturer guidelines; or new text end

new text begin (3) close the family child care program to prevent children from using or consuming unsafe water. new text end

new text begin Subd. 2. new text end

new text begin Radon testing. new text end

new text begin (a) The license holder must notify parents whether radon testing has been conducted in the family child care program upon enrollment and within 30 days of any subsequent testing done after enrollment. new text end

new text begin (b) When notifying parents, the license holder must use a form prescribed by the commissioner. The notice must include information from the Department of Health about what radon is and the potential risks associated with radon exposure. If testing has been completed, the notice must include: new text end

new text begin (1) the date of the most recent test; new text end

new text begin (2) the rooms or areas tested; and new text end

new text begin (3) the detected radon level or levels, stated in picocuries per liter (pCi/L). new text end

new text begin (c) A copy of the most recent notice to parents and the radon test results must be kept on site and made available to parents and the commissioner upon request. new text end

new text begin (d) The notification requirements under this subdivision may be met by posting the form in a prominent place. new text end

Sec. 17.

new text begin [142I.17] ACTIVITIES AND EQUIPMENT. new text end

new text begin Subdivision 1. new text end

new text begin General activities. new text end

new text begin Child care activities must provide for the physical, intellectual, emotional, and social development of the children in care at a family child care program. Activities must include infants, toddlers, preschoolers, and school-age children and: new text end

new text begin (1) be scheduled indoors and outdoors daily, weather permitting. When determining if the weather permits outdoor play, a license holder must defer to weather advisory notifications, including air quality emergencies, provided by local weather experts, local or state authority on air quality, or public health; new text end

new text begin (2) be appropriate to the age and developmental stage of the child; new text end

new text begin (3) include active and quiet activity; and new text end

new text begin (4) include both caregiver- and child-directed activities. new text end

new text begin Subd. 2. new text end

new text begin Equipment. new text end

new text begin (a) A license holder must provide children in a family child care program with: new text end

new text begin (1) sufficient play equipment to allow each child a choice of at least three activities involving equipment when all children are using equipment; new text end

new text begin (2) early learning materials, play equipment, and space that are age and developmentally appropriate and support understanding of the culturally diverse world; and new text end

new text begin (3) play equipment that is safe, in good repair, and used in accordance with the manufacturer's instructions, if applicable. Equipment and play materials not designed or marketed for use by children, including but not limited to repurposed, homemade, and open-ended items, must be appropriate to the age and size of children, in good repair, and used under the supervision of a caregiver. Such equipment and play materials are not required to have manufacturer's instructions and are subject to the requirements of this subdivision. new text end

new text begin (b) Equipment provided to children under this section may be new, used, commercially made, or homemade. The equipment must be appropriate for the ages of the children and for the activities for which it will be used. As appropriate, nature material may be used in place of any equipment. new text end

new text begin Subd. 3. new text end

new text begin Newborn or infant activities. new text end

new text begin A caregiver must: new text end

new text begin (1) hold a newborn or infant during feedings until the child can hold the bottle. A bottle cannot be propped up for a newborn or infant; new text end

new text begin (2) respond to a newborn's or infant's attempts to communicate; new text end

new text begin (3) develop infant language and communication by responding to a newborn's or infant's attempts to communicate by mirroring similar sounds, sharing the child's focus of attention, talking to the newborn or infant, naming objects, and describing actions; new text end

new text begin (4) provide a newborn or infant with freedom of movement to sit safely and comfortably, crawl, toddle, walk, and play both indoors and outdoors throughout the day; new text end

new text begin (5) provide a newborn or infant an opportunity to stimulate the senses by providing a variety of activities and objects to see, touch, feel, smell, hear, and taste; new text end

new text begin (6) provide activities for a newborn or infant that develop the child's manipulative and fine motor skills; new text end

new text begin (7) provide activities for self-awareness; new text end

new text begin (8) provide activities to support a newborn or infant to develop social-emotional skills; new text end

new text begin (9) provide activities to support a newborn or infant to develop gross motor skills; and new text end

new text begin (10) allow a newborn or infant actively supervised tummy time. For the purposes of this clause, "tummy time" means placing a newborn or infant in a nonrestrictive prone position, lying on their stomach. Tummy time should occur throughout the day when a newborn or infant is awake. A newborn or infant must not be wearing anything to restrict movement during tummy time. new text end

new text begin Subd. 4. new text end

new text begin Newborn and infant equipment. new text end

new text begin When caring for newborns or infants, a license holder must provide: new text end

new text begin (1) an infant seat or high chair, as appropriate, for each newborn and infant in attendance; new text end

new text begin (2) a crib or portable crib with a mattress or pad for each newborn and infant in attendance that is in compliance with current Consumer Product Safety Commission safety standards and chapter 142B.45. The license holder must maintain documentation on site that the equipment used meets these requirements and provide it to the commissioner and parents as requested; new text end

new text begin (3) books and literacy materials; new text end

new text begin (4) gross motor activity equipment; and new text end

new text begin (5) fine motor activity materials. new text end

new text begin Subd. 5. new text end

new text begin Toddler activities. new text end

new text begin When caring for toddlers, a license holder must: new text end

new text begin (1) provide the toddler with freedom of movement and freedom to explore outside the crib or portable crib and allow the toddler to comfortably sit, crawl, toddle, walk, and play according to the toddler's stage of development; new text end

new text begin (2) talk to, listen to, and interact with the toddler to encourage language development; new text end

new text begin (3) provide the toddler with activities that develop the toddler's fine and gross motor skills; new text end

new text begin (4) give the toddler opportunities to stimulate the senses by providing a variety of age-appropriate activities and objects to see, touch, feel, smell, hear, and taste; and new text end

new text begin (5) provide activities to support the toddler to develop social-emotional skills. new text end

new text begin Subd. 6. new text end

new text begin Toddler equipment. new text end

new text begin When caring for toddlers, a license holder must provide: new text end

new text begin (1) separate sleeping equipment for each toddler such as a mat, crib, cot, bed, sofa, or sleeping bag that is cleaned and maintained as required in subdivision 10 and section 142I.15, subdivision 5; new text end

new text begin (2) gross motor play equipment; new text end

new text begin (3) books and literacy materials; new text end

new text begin (4) fine motor, math, and science materials; and new text end

new text begin (5) music, movement, and art activity materials. new text end

new text begin Subd. 7. new text end

new text begin Preschooler activities. new text end

new text begin When caring for preschoolers, a license holder must: new text end

new text begin (1) encourage conversation between the preschooler and other children and adults; new text end

new text begin (2) provide opportunity to play near and with other children, provide time and space for individual and group play, allow for quiet times to talk or rest, and allow for unplanned time and individual play time; new text end

new text begin (3) foster understanding of personal and peer feelings and actions and allow for the constructive release of a range of feelings through discussion or play; new text end

new text begin (4) give assistance in toileting and provide time to carry out self-help skills and provide opportunities to be responsible for activities; new text end

new text begin (5) provide opportunities for each preschooler to make decisions about daily activities and to learn from the decision-making experiences; new text end

new text begin (6) provide time and areas for age-appropriate gross motor play; new text end

new text begin (7) provide learning, fine-motor, manipulative, creative, or sensory activities; and new text end

new text begin (8) read stories, look at books, and talk about new words and ideas with the preschooler. new text end

new text begin Subd. 8. new text end

new text begin Preschooler equipment. new text end

new text begin When caring for preschoolers, a license holder must provide: new text end

new text begin (1) separate sleeping equipment for each preschooler such as a mat, bed, cot, sofa, or sleeping bag for each preschooler that is cleaned and maintained as required under subdivision 10 and section 142I.15, subdivision 5; new text end

new text begin (2) dramatic play equipment; new text end

new text begin (3) books and literacy materials; new text end

new text begin (4) fine motor materials; new text end

new text begin (5) gross motor play equipment; new text end

new text begin (6) math materials; new text end

new text begin (7) science materials; new text end

new text begin (8) music and movement materials; and new text end

new text begin (9) art materials. new text end

new text begin Subd. 9. new text end

new text begin School-age activities and equipment. new text end

new text begin When caring for school-age children, a license holder must: new text end

new text begin (1) provide opportunities for individual discussion about the day and planning for activities; new text end

new text begin (2) provide space, opportunities, and materials or equipment for games, activities, or sports using the whole body; new text end

new text begin (3) have available space, bedding materials, and opportunities for individual rest and quiet time required under subdivision 10; new text end

new text begin (4) allow increased freedom as the school-age child demonstrates increased responsibility; new text end

new text begin (5) provide opportunities for group experiences with other children; new text end

new text begin (6) provide opportunities to develop or expand self-help skills or real-life experiences; and new text end

new text begin (7) provide opportunities and materials for creative and dramatic activity, arts, and crafts. new text end

new text begin Subd. 10. new text end

new text begin Bedding. new text end

new text begin Clean, separate, and individual bedding such as sheets, towels, blankets, or sleeping bags must be available for each child in care. For children not using cribs or portable cribs, the license holder must provide developmentally appropriate mats, cots, or other sleep equipment that can be cleaned and disinfected according to section 142I.15. Mats, cots, and other sleep equipment used in the family child care program must be in good condition and have no tears or holes and be covered in individual bedding. new text end

new text begin Subd. 11. new text end

new text begin Separation of personal articles. new text end

new text begin Separate towels, wash cloths, water bottles, and drinking cups must be used for each child and labeled appropriately. new text end

Sec. 18.

new text begin [142I.171] NATURAL ELEMENTS AND MATERIALS. new text end

new text begin Subdivision 1. new text end

new text begin Natural elements and materials. new text end

new text begin A license holder may provide children with access to natural elements and materials as equipment and play materials. Natural elements and materials and appropriate uses of natural elements and materials include, but are not limited to: new text end

new text begin (1) natural loose parts, such as sticks, leaves, pine cones, acorns, seeds, pods, bark, and moss for construction, art, sensory exploration, and imaginative play; new text end

new text begin (2) natural materials, such as dirt, mud, sand, water, ice, and snow for sensory play and exploration; new text end

new text begin (3) plants, flowers, seeds, vegetables, and gardening materials for science exploration and learning; new text end

new text begin (4) rocks, pebbles, stones, and minerals for counting, sorting, building, and art; new text end

new text begin (5) natural areas such as gardens, prairie, forest, wetlands, and ponds for exploration and learning; and new text end

new text begin (6) other natural elements as appropriate to age and development of children. new text end

new text begin Subd. 2. new text end

new text begin Supervision. new text end

new text begin A caregiver must supervise a child's use of natural elements and materials and provide guidance on safe and appropriate use. Natural elements and materials that are a choking hazard must not be accessible to children under the age of three without direct supervision of a caregiver. new text end

new text begin Subd. 3. new text end

new text begin Other uses. new text end

new text begin Natural elements and materials may qualify as equipment and materials under section 142I.17, subdivisions 4, 6, 8, and 9. new text end

Sec. 19.

new text begin [142I.18] INFANT SLEEP AND CRIB REQUIREMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Safety. new text end

new text begin All caregivers must follow the crib safety requirements in section 142B.45 and the requirements to reduce the risk of sudden unexpected infant deaths in section 142B.46. During routine licensing inspections and when investigating complaints regarding alleged violations of this section, the commissioner must review the license holder's documentation required under section 142B.45. new text end

new text begin Subd. 2. new text end

new text begin Monitoring sleeping newborns and infants. new text end

new text begin (a) Caregivers must directly supervise newborns once they are placed in a crib or portable crib. new text end

new text begin (b) License holders of programs that serve infants are encouraged to monitor sleeping infants by conducting in-person checks on each infant in the license holder's care every 30 minutes. new text end

new text begin (c) Upon enrollment of an infant, the license holder is encouraged to conduct in-person checks on the sleeping infant every 15 minutes during the first four months of care. new text end

new text begin (d) When an infant has an upper respiratory infection, the license holder is encouraged to conduct in-person checks on the sleeping infant every 15 minutes throughout the hours of sleep. new text end

new text begin (e) Monitors may be used to supervise infants when the infants are sleeping. However, the use of monitors does not replace the in-person checks encouraged under paragraphs (b) to (d). When in use, monitors must meet the following conditions: new text end

new text begin (1) the sound monitoring equipment must be able to pick up the sounds of all infants in the separate room; new text end

new text begin (2) the receiver of the sound monitoring equipment must be actively monitored by the adult caregiver at all times; and new text end

new text begin (3) sound monitoring equipment must be checked daily prior to use to ensure it is working correctly. If the sound equipment is not functioning, infants must sleep in the same room as the adult caregiver. new text end

new text begin (f) If music or other sounds are played in the infant sleep area, the music or other sound equipment must not be played at a volume that would prevent infants from being heard by the adult caregiver. This paragraph applies to fans used to create sound. new text end

Sec. 20.

new text begin [142I.19] HEALTH POLICIES AND SAFETY REQUIREMENTS. new text end

new text begin Subdivision 1. new text end

new text begin Handling and disposal of bodily fluids. new text end

new text begin (a) Surfaces that come in contact with bodily fluids must be cleaned and disinfected as described in section 142I.15. new text end

new text begin (b) Blood-contaminated material must be disposed of in a plastic bag and securely tied. new text end

new text begin (c) If a program cares for a child with a health care need that requires injectable medication, the program must have a sharps container available. new text end

new text begin (d) A license holder must keep disposable gloves, disposal bags, and eye protection available. Prescription eyewear does not meet the requirements of this paragraph. new text end

new text begin Subd. 2. new text end

new text begin Emergencies. new text end

new text begin (a) A license holder must have a written child care emergency plan for emergencies that require evacuation, sheltering, or other protection of children, including for fires, natural disasters, intruders, or other threatening situations that may pose a health or safety hazard to children. The plan must be written on a form prescribed by the commissioner and updated at least annually. The plan must include: new text end

new text begin (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown; new text end

new text begin (2) a designated relocation site and evacuation route; new text end

new text begin (3) procedures for notifying a child's parent of an evacuation, shelter-in-place, or lockdown, including procedures for reunification with families; new text end

new text begin (4) accommodations for a child with a disability or a medical condition; new text end

new text begin (5) procedures for storing a child's medically necessary medicine that facilitate easy removal during an evacuation or relocation; new text end

new text begin (6) procedures for continuing operations in the period during and after a crisis; new text end

new text begin (7) procedures for communicating with local emergency management officials, law enforcement officials, or other appropriate state or local authorities; and new text end

new text begin (8) accommodations for infants and toddlers. new text end

new text begin (b) The license holder must train each caregiver on the child care emergency plan before the caregiver provides care and document this training. The information must be reviewed at least annually and updated when information changes. new text end

new text begin (c) The child care emergency plan must be available for review by the agency during inspections. new text end

new text begin (d) In addition to the emergency plan required under paragraph (a), the license holder must maintain preparedness for emergencies. An operable telephone must be located in the family child care program. A cellular telephone may be used if it is sufficiently charged for use at all times. Emergency phone numbers for parents must be readily available within the program and taken on all emergency drills and evacuations. new text end

new text begin (e) For severe storms and tornadoes, the license holder must have a designated area that children can go to for shelter, a battery-operated flashlight, and a portable radio or TV available. An application on a smartphone may be used to meet the requirements of this paragraph. The license holder must follow guidance and instructions from the Emergency Alert System or local alerting systems. new text end

new text begin (f) The license holder must have a written fire escape plan that includes: new text end

new text begin (1) the address of the family child care program; new text end

new text begin (2) emergency phone numbers; new text end

new text begin (3) a designated place to meet and confirm that all children in attendance are present; new text end

new text begin (4) fire extinguisher locations; new text end

new text begin (5) plans for monthly fire and storm drills; and new text end

new text begin (6) escape routes to the outside from all levels used by children. In buildings with three or more dwelling units, enclosed exit stairs must be indicated. new text end

new text begin (g) The license holder must complete a monthly fire and storm drill and have documentation of completed fire drills available for review by the agency during inspections. The log must include the date of the drill, the time of day the drill occurred, the name of the caregiver who conducted the drill, and the length of time taken to evacuate all children safely. new text end

new text begin Subd. 3. new text end

new text begin Transporting children. new text end

new text begin Children must only be transported in an enclosed passenger vehicle capable of using car seats or a bus operated by a common carrier. When transporting children in an enclosed passenger vehicle other than a bus operated by a common carrier, a license holder must: new text end

new text begin (1) ensure compliance with all seat belt and child passenger restraint system requirements under sections 169.685 and 169.686; new text end

new text begin (2) ensure that the child is fastened in a safety seat, seat belt, or harness appropriate to the age and weight of the child and the restraint is installed and used in accordance with the manufacturer's instructions; new text end

new text begin (3) only use a vehicle licensed in accordance with the laws of the state and driven by a caregiver with a current, valid driver's license. A copy of the current driver's license for each caregiver who transports a child in care must be kept at the family child care program; new text end

new text begin (4) receive written permission to transport children from parents prior to transport; and new text end

new text begin (5) not allow a child to remain unattended in any vehicle. new text end

new text begin Subd. 4. new text end

new text begin Pets and animals. new text end

new text begin When keeping pets or animals on the site of a family child care program or allowing children to have contact with pets or animals, the primary provider of care must: new text end

new text begin (1) maintain the pets or animals in good health and proper housing. Pets or animals must be appropriately immunized, and rabies vaccinations must be documented with a current certificate from a veterinarian when appropriate; new text end

new text begin (2) follow all local and state ordinances regarding the keeping, licensing, number, and health status of animals; new text end

new text begin (3) restrict any animals that pose a risk of injury or illness to children from indoor and outdoor areas used by children; new text end

new text begin (4) inform parents in writing of the presence of pets and animals on the premises. If pets or animals are allowed to roam in areas occupied by children, the license holder must obtain written acknowledgment from parents. Parents must be notified in writing prior to the introduction of a new pet; new text end

new text begin (5) keep any reptiles, amphibians, ferrets, poisonous animals, psittacine birds, exotic animals, and wild animals inaccessible to children. Licensed animal exhibitions, such as mobile petting zoos, reptile shows, and educational presentations are exempt from this clause with written parental notice and consent; new text end

new text begin (6) not allow any contact between children and pets or animals that is not directly supervised by an adult caregiver who is in close physical proximity and able to immediately intervene if the child or animal shows distress or aggression or if the child is treating the animal inappropriately; new text end

new text begin (7) immediately intervene to protect a child when necessary; new text end

new text begin (8) prevent pets and animals from accessing food preparation, storage, and serving areas when food is being prepared or served, unless confined in a cage or kennel. Litter boxes are prohibited in any food preparation, storage, or serving areas; new text end

new text begin (9) keep indoor and outdoor areas accessible to children free of animal waste, including litter boxes and their contents. Pet cages, enclosures, and aquariums accessible to children must be located and cleaned away from food areas; new text end

new text begin (10) immediately notify a parent of a child who receives an animal bite or scratch; new text end

new text begin (11) notify the local animal authority whenever an individual is bitten by an animal on the day of injury. The notification must be made before any steps are taken to euthanize the animal, and the license holder must take reasonable steps to confine the animal; and new text end

new text begin (12) notify the licensing agency within 24 hours of any animal bite from an animal housed at the family child care program. new text end

new text begin Subd. 5. new text end

new text begin Pest control. new text end

new text begin (a) A license holder must take effective measures to protect the family child care program against pests. The license holder must take steps to prevent attracting pests and, if pests are present inside the family child care program, to remove or exterminate the pests. new text end

new text begin (b) Chemicals for pest control must not be applied in areas accessible to children when children are present. The license holder must use chemicals according to manufacturer instructions. Only approved, Environmental Protection Agency-registered insecticides, rodenticides, and herbicides may be used. Application must strictly follow all label instructions. new text end

new text begin Subd. 6. new text end

new text begin Garbage. new text end

new text begin Garbage must be inaccessible to infants and toddlers. Garbage is considered inaccessible when the garbage container has a lid on. new text end

new text begin Subd. 7. new text end

new text begin Firearms. new text end

new text begin Ammunition and firearms must be stored in locked areas separated from areas accessible to children. Firearms must be unloaded while stored. new text end

new text begin Subd. 8. new text end

new text begin First aid kit. new text end

new text begin A license holder must have a first aid kit that is accessible to caregivers in the family child care program at all times and taken on field trips. A caregiver must have access to first aid instructions. The first aid kit must contain: new text end

new text begin (1) adhesive bandages in assorted sizes and tape; new text end

new text begin (2) sterile compresses; new text end

new text begin (3) scissors; new text end

new text begin (4) an ice bag or cold pack; new text end

new text begin (5) a thermometer; new text end

new text begin (6) mild liquid soap, hand sanitizer, or alcohol wipes; and new text end

new text begin (7) disposable powder-free, latex-free gloves. new text end

new text begin Subd. 9. new text end

new text begin Care of sick children. new text end

new text begin (a) If the child becomes sick while at the family child care program, the child must be separated from other children in care to the extent possible while still maintaining appropriate supervision, and the child's parent must be called immediately. When determining if a child is sick and exclusion is necessary, a license holder must follow: new text end

new text begin (1) the requirements on reportable diseases in Minnesota Rules, parts 4605.7040, 4605.7070, and 4605.7080; and new text end

new text begin (2) the guidelines from the commissioner of health on infectious diseases in child care settings. new text end

new text begin (b) When notified a child in care is sick with a reportable disease under Minnesota Rules, part 4605.7040, 4605.7050, or 4605.7080, the license holder must: new text end

new text begin (1) follow the family child care program policies on reportable or infectious diseases; and new text end

new text begin (2) notify the commissioner of health within 24 hours of receiving the parent or staff report. Documentation of the notification must be kept at the family child care program. new text end

new text begin (c) Children with a reportable disease in paragraph (b) must be excluded from the family child care program for the length of time specified in the commissioner of health guidelines on infectious diseases in child care settings, until the child can participate in routine activities without more caregiver supervision than usual or until the child's health care provider determines that exclusion is no longer necessary, whichever is longer. new text end

new text begin Subd. 10. new text end

new text begin Medication administration requirements. new text end

new text begin (a) A license holder must obtain written permission from the parent of a child prior to administering nonprescription medicine, diapering products, sunscreen lotions, and insect repellents. These items must be administered according to the manufacturer instructions unless written instructions for their use are provided by a health care provider. new text end

new text begin (b) A license holder must obtain and follow written instructions from a health care provider or dentist prior to administering each prescribed medication. For the purposes of this paragraph, "instructions" means the label on a medicine container with the child's name and current prescription information. new text end

Sec. 21.

new text begin [142I.20] FOOD AND NUTRITION. new text end

new text begin Subdivision 1. new text end

new text begin Feeding. new text end

new text begin (a) Bottles of frozen breast milk or formula must be thawed under warm running water, in a container of warm water, with a warming device, or in a refrigerator. Thawed milk must be used, sent home, or disposed of the same day it is thawed. new text end

new text begin (b) Caregivers must not warm plastic bottles, sippy cups, or other plastic food containers in a microwave. new text end

new text begin (c) Once bottle feeding is complete, any unused portion must be disposed of or stored inaccessible to children in care. Bottles provided by or stored at the family child care program must be washed prior to the next use. new text end

new text begin (d) Caregivers must not serve food to infants or toddlers using polystyrene foam (Styrofoam) cups, bowls, or plates. new text end

new text begin Subd. 2. new text end

new text begin Milk. new text end

new text begin Cow's milk served to children in care must be pasteurized. Milk alternatives that are nutritionally equivalent to cow's milk can be served in place of milk for children who require it. new text end

new text begin Subd. 3. new text end

new text begin Drinking water. new text end

new text begin Drinking water from a safe source according to section 142I.16 must be readily available and offered to the children throughout the day in indoor and outdoor areas. new text end

new text begin Subd. 4. new text end

new text begin Meals and snacks. new text end

new text begin (a) Well-balanced meals and snacks must be supplied by the license holder or parents daily. Every meal and snack served to children in care must meet the following requirements: new text end

new text begin (1) breakfast must contain at least three of the following: new text end

new text begin (i) pasteurized milk or milk alternatives; new text end

new text begin (ii) vegetables; new text end

new text begin (iii) fruit; or new text end

new text begin (iv) grains; new text end

new text begin (2) lunch and dinner must contain at least four of the following: new text end

new text begin (i) pasteurized milk or milk alternatives; new text end

new text begin (ii) meat or meat alternatives; new text end

new text begin (iii) vegetables; new text end

new text begin (iv) fruit; or new text end

new text begin (v) grains; and new text end

new text begin (3) snacks must contain at least two of the following: new text end

new text begin (i) pasteurized milk or milk alternatives; new text end

new text begin (ii) meat or meat alternatives; new text end

new text begin (iii) vegetables; new text end

new text begin (iv) fruit; or new text end

new text begin (v) grains. new text end

new text begin (b) Food, liquids, and bottles brought from home must be labeled with the first and last name of each child. new text end

new text begin (c) Flexible feeding schedules must be provided for infants. new text end

new text begin (d) When special diets are required for cultural, religious, or medical reasons, the provider must obtain written, dated, and signed instructions from the child's parent. new text end

new text begin Subd. 5. new text end

new text begin Food and liquid safety. new text end

new text begin (a) Food and liquids must be handled and stored properly to prevent contamination and spoilage. Foods and liquids requiring refrigeration must be refrigerated and maintained at no more than 40 degrees Fahrenheit. Food requiring heating must be maintained at no less than 140 degrees Fahrenheit until ready to serve. Frozen foods must be kept frozen until use and cooked according to the manufacturer's instructions. new text end

new text begin (b) Appliances used in food and liquid storage and preparation must be safe and clean. new text end

new text begin (c) All canned food provided by the license holder must be commercially processed. Locally grown fresh and frozen fruits and vegetables may be served at the family child care program. Food canned or preserved at home and home-butchered meats, poultry, and fish may not be served to children in care. new text end

Sec. 22.

new text begin [142I.21] CHILDREN WITH SPECIAL HEALTH CARE NEEDS OR DISABILITIES. new text end

new text begin (a) For children with disabilities who require therapy, additional behavior guidance, programming, or alternative accommodations, a parent or health care provider must provide written instructions for the license holder to follow. new text end

new text begin (b) All activities must be designed to include all children unless a specific medical contraindication exists. new text end

new text begin (c) All caregivers responsible for the care of a child with a disability or special health care need must explain to a parent and the agency how the child's specific needs are being met. new text end

new text begin (d) Before enrolling a child for care, the license holder must obtain documentation of any known allergies on a form prescribed by the commissioner. The form must be readily available to all caregivers and reviewed by the license holder and each caregiver annually and when any updates or changes are made. new text end

new text begin (e) If a child has a known allergy, the primary provider of care must maintain current information about the allergy in the child's record, ensure that required medication is on hand, and follow the allergy plan signed by a treating medical professional. The child's plan must include: new text end

new text begin (1) a description of the allergy; new text end

new text begin (2) specific triggers and avoidance techniques; new text end

new text begin (3) symptoms of an allergic reaction; and new text end

new text begin (4) procedures for responding to an allergic reaction, including any medication and dosage to be administered in an emergency situation. new text end

new text begin (f) A caregiver must call emergency medical services when epinephrine is administered to a child in the license holder's care. new text end

new text begin (g) The caregiver must contact the child's parent immediately after any instance of exposure to an allergen or allergic reaction. new text end

Sec. 23.

new text begin [142I.22] COMMUNITY-BASED FAMILY CHILD CARE. new text end

new text begin (a) A family child care program located on a site other than the license holder's primary residence must be licensed under this section if: new text end

new text begin (1) the family child care program is conducted in a dwelling on a residential lot or in a commercial space other than the license holder's primary residence; new text end

new text begin (2) the license holder is an organization, employer, church, or religious entity; or new text end

new text begin (3) the license holder is a community collaborative child care provider. For purposes of this clause, a "community collaborative child care provider" is a provider participating in a cooperative agreement with a community action agency as defined in section 142F.301. new text end

new text begin (b) Programs licensed under paragraph (a) must comply with local zoning regulations, the applicable State Fire Code, and the State Building Code. Any age and capacity limitations established by the fire code must be printed on the license. new text end

new text begin (c) A license holder under this section must designate at least one primary provider of care as follows: new text end

new text begin (1) one individual for programs operating eight or fewer hours per day; new text end

new text begin (2) up to two individuals for programs operating more than eight but no more than 16 hours per day; and new text end

new text begin (3) up to three individuals for programs operating more than 16 hours per day. new text end

new text begin (d) The license issued under this section must include the statement: "This community-based family child care license holder is not licensed as a child care center." new text end

new text begin (e) The commissioner may approve up to six licenses at the same location or under one contiguous roof if each license holder independently meets all applicable requirements and the program location site does not have an R-2 residential occupancy designation. Each family child care program must operate as a distinct family child care program within its licensed capacity, age, and ratio limits as determined by the state fire marshal. Only one license may be issued per single-family residential home. new text end

new text begin (f) The license holder must notify the commissioner in writing before any change in the persons designated as primary providers of care. A primary provider of care is authorized to communicate with the commissioner on licensing matters. new text end

new text begin (g) Each license holder must complete the commissioner-developed community-based family child care program plan at the time of initial application, review the plan each calendar year, and update the plan before any change in program information occurs. new text end

Sec. 24.

new text begin REVISOR INSTRUCTION. new text end

new text begin (a) The revisor of statutes must make any necessary changes to statutory cross-references to reflect the changes in this article. new text end

new text begin (b) The revisor of statutes must replicate the statutory history for all sections and subdivisions repealed and reenacted in this article. new text end

Sec. 25.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, sections 142B.01, subdivision 13; 142B.41, subdivisions 4 and 8; 142B.62; 142B.70, subdivisions 1, 2, 3, 4, 5, 6, 9, 10, 11, and 12; 142B.71; 142B.72; 142B.74; 142B.75; 142B.76; and 142B.77, new text end new text begin are repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2025 Supplement, sections 142B.41, subdivision 9; and 142B.70, subdivisions 7 and 8, new text end new text begin are repealed. new text end

new text begin (c) new text end new text begin Minnesota Rules, parts 9502.0300; 9502.0315; 9502.0325; 9502.0335; 9502.0341; 9502.0345; 9502.0355; 9502.0365; 9502.0367; 9502.0375; 9502.0395; 9502.0405; 9502.0415; 9502.0425; 9502.0435; and 9502.0445, new text end new text begin are repealed. new text end

Sec. 26.

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective July 1, 2027. new text end

ARTICLE 14

MISCELLANEOUS

Section 1.

Minnesota Statutes 2024, section 62A.01, is amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Direct primary care service agreements. new text end

new text begin (a) A direct primary care service agreement under section 62Q.20 is not insurance and is not subject to this chapter. Entering into a direct primary care service agreement is not the business of insurance and is not subject to this chapter or chapter 60A. new text end

new text begin (b) A health care provider or agent of a health care provider is not required to obtain a certificate of authority or license under this chapter or chapter 60A, 62C, 62D, or 62N to market, sell, or offer to sell a direct primary care service agreement that meets the requirements of section 62Q.20. new text end

Sec. 2.

Minnesota Statutes 2024, section 62A.011, subdivision 3, is amended to read:

Subd. 3.

Health plan.

"Health plan" means a policy or certificate of accident and sickness insurance as defined in section 62A.01 offered by an insurance company licensed under chapter 60A; a subscriber contract or certificate offered by a nonprofit health service plan corporation operating under chapter 62C; a health maintenance contract or certificate offered by a health maintenance organization operating under chapter 62D; a health benefit certificate offered by a fraternal benefit society operating under chapter 64B; or health coverage offered by a joint self-insurance employee health plan operating under chapter 62H. Health plan means individual and group coverage, unless otherwise specified. Health plan does not include coverage that is:

(1) limited to disability or income protection coverage;

(2) automobile medical payment coverage;

(3) liability insurance, including general liability insurance and automobile liability insurance, or coverage issued as a supplement to liability insurance;

(4) designed solely to provide payments on a per diem, fixed indemnity, or non-expense-incurred basis, including coverage only for a specified disease or illness or hospital indemnity or other fixed indemnity insurance, if the benefits are provided under a separate policy, certificate, or contract for insurance; there is no coordination between the provision of benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and the benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor;

(5) credit accident and health insurance as defined in section 62B.02;

(6) designed solely to provide hearing, dental, or vision care;

(7) blanket accident and sickness insurance as defined in section 62A.11;

(8) accident-only coverage;

(9) a long-term care policy as defined in section 62A.46 or 62S.01;

(10) issued as a supplement to Medicare, as defined in sections 62A.3099 to 62A.44, or policies, contracts, or certificates that supplement Medicare issued by health maintenance organizations or those policies, contracts, or certificates governed by section 1833 or 1876, section 1851, et seq.; or section 1860D-1, et seq., of title XVIII of the federal Social Security Act, et seq., as amended;

(11) workers' compensation insurance;

(12) issued solely as a companion to a health maintenance contract as described in section 62D.12, subdivision 1a, so long as the health maintenance contract meets the definition of a health plan;

(13) coverage for on-site medical clinics; deleted text begin or deleted text end

(14) coverage supplemental to the coverage provided under United States Code, title 10, chapter 55, Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) deleted text begin . deleted text end new text begin ; or new text end

new text begin (15) coverage provided under a direct primary care service agreement described under section 62Q.20. new text end

Sec. 3.

new text begin [62Q.20] DIRECT PRIMARY CARE SERVICE AGREEMENT. new text end

new text begin Subdivision 1. 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) "Direct fee" means a fee charged by a direct primary care practice as consideration for being available to provide and for providing primary care services to a direct patient as specified in the direct agreement. new text end

new text begin (c) "Direct patient" means an individual who is party to a direct agreement and is entitled to receive primary care services under the direct agreement from the direct primary care practice. new text end

new text begin (d) "Direct primary care practice" or "direct practice" means a primary care provider who furnishes primary care services through a direct agreement. new text end

new text begin (e) "Direct primary care service agreement" or "direct agreement" means a written agreement entered into between a direct primary care practice and a direct patient, or the direct patient's legal representative, in which the primary care direct practice charges a direct fee as consideration for being available to provide and for providing direct primary care services to the direct patient. new text end

new text begin (f) "Primary care provider" means a physician who is licensed under chapter 147 or an advanced practice registered nurse licensed under chapter 148, who is authorized to engage in independent practice, and who is qualified to provide primary care services. This term includes an individual primary care provider or a group of primary care providers. new text end

new text begin (g) "Primary care services" means: new text end

new text begin (1) routine health care services, including screening, assessment, diagnosis, and treatment for the purpose of the promotion of health, and the detection and management of disease or injury within the competency and training of the primary care provider; new text end

new text begin (2) medical supplies and prescription drugs that are administered or dispensed in the primary care provider's office or clinic; and new text end

new text begin (3) laboratory work, including routine blood screening and routine pathology screening performed by a laboratory that is either associated with the direct primary care practice or is not associated with the direct primary care practice but has entered into a contract with the practice to provide laboratory work without charging a fee to the patient for the laboratory work. new text end

new text begin Subd. 2. new text end

new text begin Direct primary care services agreement requirements. new text end

new text begin (a) To be considered a direct primary care service agreement for purposes of this section, the direct agreement must: new text end

new text begin (1) be in writing; new text end

new text begin (2) be signed by the primary care provider or agent of the primary care practice and the direct patient or the patient's legal representative; new text end

new text begin (3) allow either party to terminate the direct agreement upon written notice to the other party according to subdivision 3; new text end

new text begin (4) describe the scope of the primary care services that are to be covered under the direct agreement; new text end

new text begin (5) specify the fee to be paid on a monthly basis or as specified in the direct agreement; and new text end

new text begin (6) specify the duration of the direct agreement. new text end

new text begin (b) The direct agreement must clearly state that a direct primary care service agreement: is not considered health insurance; does not meet the requirements of federal law mandating individuals to purchase health insurance; and the fees charged in the agreement may not be reimbursed or applied toward a deductible under a health plan offered through a health plan company. new text end

new text begin Subd. 3. new text end

new text begin Acceptance and discontinuance of patients. new text end

new text begin (a) A direct practice may not decline to accept a new patient or discontinue care to an existing patient solely on the basis of the patient's health status. A direct practice may decline to accept a patient if: new text end

new text begin (1) the practice has reached its maximum capacity; new text end

new text begin (2) the patient's medical condition is such that the practice is unable to provide the level and type of primary care services the patient requires; or new text end

new text begin (3) the patient has previously terminated a direct agreement with the direct practice within the preceding year. new text end

new text begin (b) A direct patient or the patient's legal representative may terminate a direct agreement for any reason by providing written notice to the direct practice. Termination of the direct agreement is effective the first day of the month following the month the termination notice is provided to the direct practice. A direct practice may subsequently decline to accept the direct patient as a patient if the patient has terminated a previous direct agreement with the direct practice within the preceding year. new text end

new text begin (c) A direct practice may terminate a direct agreement for any reason by providing written notice to the direct patient or the direct patient's representative. A direct practice must provide notice of termination at least 30 days prior to the effective date of termination. new text end

new text begin (d) A direct practice may discontinue care to a direct patient if the direct practice discontinues operation as a direct primary care practice. Notice must be provided to the direct patient or the patient's legal representative specifying the effective date of termination. Notice must be sufficient to provide the patient with the opportunity to obtain care from another provider. new text end

new text begin Subd. 4. new text end

new text begin Direct fees. new text end

new text begin (a) The direct fee charged must represent the total amount due for all primary care services specified in the direct agreement provided to the direct patient within the specified time period. The direct fee must not vary from patient to patient based on the patient's health status or sex. The direct fee may be paid by the direct patient, by the patient's legal representative, or on the patient's behalf by a third party. The direct fee may be billed at the end of each monthly period or may be paid in advance for a period not to exceed 12 months. new text end

new text begin (b) Upon receipt of a written notice of termination of the direct agreement from a direct patient or the patient's legal representative, the direct practice must promptly refund the unearned amount of the direct fees. If the direct practice discontinues care for any reason described under subdivision 3, the direct practice must promptly refund to the direct patient the unearned amount of the direct fees at a prorated amount of the direct fee earned for the current month based on the date the notice for termination was sent to the direct patient or the direct patient's legal representative. new text end

new text begin (c) A direct practice shall not increase the monthly fee that has been negotiated with an existing direct patient more frequently than on an annual basis. A direct practice must provide advance notice of at least 60 days to existing patients of any change in the direct fee. new text end

new text begin Subd. 5. new text end

new text begin Conduct of business. new text end

new text begin (a) A direct practice must maintain appropriate accounts regarding payments made and services received by a direct patient and upon request provide any data requested to the direct patient or the patient's legal representative. new text end

new text begin (b) A direct practice must not submit a claim for payment to a health plan company for a primary care service provided to a direct patient that is covered by a direct agreement. new text end

new text begin (c) No person shall make, publish, or disseminate any false, deceptive, or misleading representation or advertising related to the business of a direct practice. new text end

new text begin (d) No person shall make, issue, or circulate, or cause to be made, issued, or circulated, a misrepresentation of the terms of a direct agreement or the benefits or advantages promised, or use the name or title of a direct agreement misrepresenting the nature of the direct agreement. new text end

new text begin Subd. 6. new text end

new text begin Other care not prohibited. new text end

new text begin A direct primary care practice is not prohibited from providing services to other patients under a separate contract with a health plan company. new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin A violation of this section shall constitute unprofessional conduct and may be grounds for disciplinary action under chapters 147 and 148. new text end

Sec. 4.

Minnesota Statutes 2024, section 116.943, subdivision 2, is amended to read:

Subd. 2.

Information required.

(a) On or before January 1, 2026, a manufacturer of a product new text begin manufactured after July 1, 2023; new text end sold, offered for sale, or distributed in the state new text begin ; and new text end that contains intentionally added PFAS must submit to the commissioner information that includes:

(1) a brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;

(2) the purpose for which PFAS are used in the product, including in any product components;

(3) the amount of each PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;

(4) the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and

(5) any additional information requested by the commissioner as necessary to implement the requirements of this section.

(b) With the approval of the commissioner, a manufacturer may supply the information required in paragraph (a) for a category or type of product rather than for each individual product.

(c) A manufacturer must submit the information required under this subdivision whenever a new product that contains intentionally added PFAS is sold, offered for sale, or distributed in the state and update and revise the information whenever there is significant change in the information or when requested to do so by the commissioner.

(d) A person may not sell, offer for sale, or distribute for sale in the state a product containing intentionally added PFAS if the manufacturer has failed to provide the information required under this subdivision and the person has received notification under subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 5.

Minnesota Statutes 2025 Supplement, section 145C.18, subdivision 3, is amended to read:

Subd. 3.

Compliance with nonopioid directive; exception.

(a) Except as specified in deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and (c) new text end , prescribers and health professionals must comply with a nonopioid directive executed under this section.

(b) A prescriber or a health professional acting on the order of a prescriber may administer an opioid to a patient with a nonopioid directive if:

(1) the patient is being treated, in emergency circumstances, in a hospital setting or in a setting outside a hospital;

(2) in the prescriber's professional opinion, it is medically necessary to administer an opioid to the patient in order to treat the patient, including but not limited to during a surgical procedure when one or more complications arise; and

(3) it is not practical or feasible for the prescriber or health professional to access the patient's health care record.

If an opioid is administered according to this paragraph to a patient with a nonopioid directive, the prescriber must ensure that the patient is provided with information on substance use disorder services.

new text begin (c) A prescriber or a health professional acting on the order of a prescriber may prescribe or administer an opioid to a patient with a nonopioid directive if the opioid is prescribed or administered to treat the patient for a substance use disorder. new text end

Sec. 6.

Minnesota Statutes 2025 Supplement, section 145C.18, subdivision 4, is amended to read:

Subd. 4.

Immunities.

Except as otherwise provided by law, the following persons or entities are not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to prescribe, administer, or dispense an opioid to a patient with a nonopioid directive; for the administration of an opioid in the circumstances in subdivision 3, paragraph (b), to a patient with a nonopioid directive; new text begin for the prescribing or administration of an opioid in the circumstances in subdivision 3, paragraph (c), to a patient with a nonopioid directive; new text end or for the inadvertent administration of an opioid to a patient with a nonopioid directive, if the act or failure to act was performed in good faith and in accordance with the applicable standard of care:

(1) a health professional whose scope of practice includes prescribing, administering, or dispensing a controlled substance;

(2) an employee of a health professional described in clause (1);

(3) a health care facility or an employee of a health care facility; or

(4) an emergency medical services provider.

Sec. 7.

Minnesota Statutes 2024, section 471.6161, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin School districts and charter schools; reports. new text end

new text begin (a) For purposes of this subdivision, an entity offering or providing group health insurance includes both health plan companies and third-party administrators of health plans. new text end

new text begin (b) By July 15, 2026, and July 1 each year thereafter, the Legislative Budget Office must send an annual survey regarding health insurance costs to all school districts and charter schools in the state. new text end

new text begin (c) The annual survey must be completed by the school district or charter school using data from its most recent plan year, be returned to the Legislative Budget Office by September 1 each year, and provide the following information about school employees who meet the definition of public employee under section 179A.03, subdivision 14: new text end

new text begin (1) the total number of salaried employees; new text end

new text begin (2) the total number of nonsalaried or hourly employees; new text end

new text begin (3) for employees participating in the group health insurance offered by the school district or charter school, the total number of people, as of May 1, in each of the following categories: new text end

new text begin (i) salaried employees; new text end

new text begin (ii) nonsalaried or hourly employees; and new text end

new text begin (iii) retirees and any other persons who continue to receive coverage through the school district's or charter school's health plan after separation from employment; new text end

new text begin (4) the total number of employees not participating in the health plan; new text end

new text begin (5) the total number of insured persons covered by the health plan; new text end

new text begin (6) the total dollar amount the school district or charter school paid in health insurance premiums on behalf of all employees, not including employee contributions transmitted to an entity providing group health insurance coverage or payments made on behalf of former employees; new text end

new text begin (7) if a school district or charter school funds an individual coverage health reimbursement arrangement, the total amount contributed by the school district or charter school; new text end

new text begin (8) the total amount employees paid in health insurance premiums; new text end

new text begin (9) an accounting of all forms of compensation, either direct or indirect, including but not limited to fees, commissions, incentives, or rewards of any kind paid to a broker or agent, regardless of whether it was billed as a flat fee or percentage of premium and whether paid directly by the school district or charter school or through the entity offering group health insurance; new text end

new text begin (10) the name of any entity providing group health insurance the school district or charter school has contracted with and the expiration date of the contract; new text end

new text begin (11) the date range of the most recent plan year; new text end

new text begin (12) for each type of health plan offered to employees of a school district or charter school: new text end

new text begin (i) the name of the plan and its actuarial value, using the minimum value calculator information required in bid proposals under section 471.6161, subdivision 8, paragraph (d), clause (2), and described in Code of Federal Regulations, title 45, section 156.145. The plan data must also delineate amounts for single, family, and two-party plans, if offered; new text end

new text begin (ii) the monthly contribution by the school district or charter school for each employee group per plan, including contributions to individual coverage health reimbursement arrangements; new text end

new text begin (iii) the amount per month an employee must pay in health insurance premiums for the plan; and new text end

new text begin (iv) the plan design for each type of plan, including: new text end

new text begin (A) in-network deductibles; new text end

new text begin (B) in-network out-of-pocket limits; new text end

new text begin (C) out-of-network limits; new text end

new text begin (D) co-payments; new text end

new text begin (E) the employee's share of coinsurance; and new text end

new text begin (F) the prescription annual out-of-pocket maximum, if separate from subitem (B); new text end

new text begin (13) the dollar or percentage cost for all prescription levels, commonly generic or tier 1, formulary or tier 2, and nonformulary or tier 3; new text end

new text begin (14) the total amount of annual contributions, per employee, paid by the school district or charter school to an individual coverage health reimbursement arrangement or health savings account, excluding amounts contributed solely to a health care retirement account; new text end

new text begin (15) the total amount assessed by the entity providing group health insurance as an administrative fee and the rate of the fee assessed; new text end

new text begin (16) if a school district is self-insured, the total amount that is in a district set-aside health insurance reserve account; and new text end

new text begin (17) any additional items as determined by the Legislative Budget Office. new text end

new text begin (d) The Legislative Budget Office must compile information from the surveys described above and provide a report by December 1 each year to the chairs and ranking minority members of the legislative committees with jurisdiction over education and health insurance. The Legislative Budget Office must post the report, including the executive summary and all underlying data received from school districts and charter schools, on its public website. Data posted on the Legislative Budget Office's website must be in a standardized format. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 8.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2024, sections 62U.10, subdivision 4; and 256B.69, subdivision 31a, new text end new text begin are repealed. new text end

ARTICLE 15

DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENTS

Section 1. new text begin HUMAN SERVICES FORECAST ADJUSTMENTS. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2025, First Special Session chapter 3, article 20, and Laws 2025, First Special Session chapter 9, article 12, to the commissioner of human services from the general fund or other named fund for the purposes specified in section 2 and are available for the fiscal years indicated for each purpose. The figures "2026" and "2027" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively. new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin COMMISSIONER OF HUMAN SERVICES. new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 739,634,000 new text end

new text begin $ new text end

new text begin 775,035,000 new text end

new text begin Appropriations by Fund new text end
new text begin General Fund new text end	new text begin 652,953,000 new text end	new text begin 615,407,000 new text end
new text begin Health Care Access Fund new text end	new text begin 86,681,000 new text end	new text begin 159,628,000 new text end

new text begin Subd. 2. new text end new text begin Forecasted Programs new text end

new text begin (a) General Assistance new text end

new text begin 7,909,000 new text end

new text begin 9,653,000 new text end

new text begin (b) Minnesota Supplemental Aid new text end

new text begin 2,976,000 new text end

new text begin 3,233,000 new text end

new text begin (c) Housing Support new text end

new text begin 29,593,000 new text end

new text begin 44,727,000 new text end

new text begin (d) MinnesotaCare new text end

new text begin 86,681,000 new text end

new text begin 159,628,000 new text end

new text begin These appropriations are from the health care access fund. new text end

new text begin (e) Medical Assistance new text end

new text begin 589,777,000 new text end

new text begin 525,140,000 new text end

new text begin (f) Behavioral Health Fund new text end

new text begin 22,698,000 new text end

new text begin 32,654,000 new text end

Sec. 3.

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective the day following final enactment. new text end

ARTICLE 16

DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES FORECAST ADJUSTMENTS

Section 1. new text begin CHILDREN, YOUTH, AND FAMILIES FORECAST ADJUSTMENTS. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2025, First Special Session chapter 3, article 22, to the commissioner of children, youth, and families from the general fund or other named fund for the purposes specified in section 2 and are available for the fiscal years indicated for each purpose. The figures "2026" and "2027" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively. new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES. new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin (45,161,000) new text end

new text begin $ new text end

new text begin (36,451,000) new text end

new text begin Appropriations by Fund new text end
new text begin General Fund new text end	new text begin (22,395,000) new text end	new text begin (10,320,000) new text end
new text begin Federal TANF new text end	new text begin (22,766,000) new text end	new text begin (26,131,000) new text end

new text begin Subd. 2. new text end new text begin Forecasted Programs new text end

new text begin (a) MFIP/DWP new text end

new text begin Appropriations by Fund new text end
new text begin General Fund new text end	new text begin (7,245,000) new text end	new text begin (3,125,000) new text end
new text begin Federal TANF new text end	new text begin (22,766,000) new text end	new text begin (26,131,000) new text end

new text begin (b) MFIP Child Care Assistance new text end

new text begin (26,220,000) new text end

new text begin (18,822,000) new text end

new text begin (c) Northstar Care for Children new text end

new text begin 11,070,000 new text end

new text begin 11,627,000 new text end

Sec. 3.

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective the day following final enactment. new text end

ARTICLE 17

DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS

Section 1. new text begin DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS. new text end

new text begin The dollar amounts shown in the columns marked "Appropriations" are added to or, if shown in parentheses, are subtracted from the appropriations in Laws 2025, First Special Session chapter 3, article 20, from the general fund or any fund named for the purposes specified in this article, to be available for the fiscal year indicated for each purpose. The figures "2026" and "2027" used in this article mean that the appropriations listed under them are available for the fiscal years ending June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027. new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin COMMISSIONER OF HUMAN SERVICES new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 132,522,000 new text end

new text begin The amounts that may be spent for each purpose are specified in this article. new text end

Sec. 3. new text begin CENTRAL OFFICE; OPERATIONS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 2,154,000 new text end

new text begin The general fund base is increased by $6,741,000 in fiscal year 2028 and increased by $7,577,000 in fiscal year 2029. new text end

Sec. 4. new text begin CENTRAL OFFICE; HEALTH CARE new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 19,403,000 new text end

new text begin The general fund base is increased by $59,838,000 in fiscal year 2028 and increased by $60,350,000 in fiscal year 2029. new text end

Sec. 5. new text begin CENTRAL OFFICE; BEHAVIORAL HEALTH new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 896,000 new text end

new text begin This is a onetime appropriation. new text end

Sec. 6. new text begin CENTRAL OFFICE; OFFICE OF INSPECTOR GENERAL new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 330,000 new text end

new text begin Subdivision 1. new text end new text begin Crisis Nursery Licensing Framework new text end

new text begin $304,000 in fiscal year 2027 is to develop a licensing framework for crisis nurseries. The base for this appropriation is $358,000 in fiscal year 2028 and $0 in fiscal year 2029. new text end

new text begin Subd. 2. new text end new text begin Base Level Adjustments new text end

new text begin The general fund base is increased by $384,000 in fiscal year 2028 and increased by $26,000 in fiscal year 2029. new text end

Sec. 7. new text begin FORECASTED PROGRAMS; MEDICAL ASSISTANCE new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 94,505,000 new text end

new text begin $100,000,000 in fiscal year 2027 is for the nonfederal share of the directed payment arrangement under Minnesota Statutes, section 256B.1973. This is a onetime appropriation and is available until June 30, 2028. This appropriation is not effective until the day following final enactment of H.F. 2438 in the 2026 regular legislative session. new text end

Sec. 8. new text begin GRANT PROGRAMS; CHILD AND ECONOMIC SUPPORT GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin (407,000) new text end

new text begin Any unexpended amount in fiscal year 2027 and any amounts in the planning estimate for fiscal year 2028 and fiscal year 2029 for the emergency shelter facility grant and emergency services grants must be transferred from child and economic support grants to housing support grants. new text end

Sec. 9. new text begin GRANT PROGRAMS; FRAUD PREVENTION GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin (425,000) new text end

Sec. 10. new text begin GRANT PROGRAMS; HEALTH CARE GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 1,500,000 new text end

new text begin Subdivision 1. new text end new text begin Health Care Navigator Incentive Payment Grants new text end

new text begin $250,000 in fiscal year 2027 is for application assistance bonuses to organizations and licensed insurance producers for applicants successfully enrolled in medical assistance under Minnesota Statutes, section 256.962, subdivision 5. The base for this appropriation is $500,000 in fiscal year 2028 and $500,000 in fiscal year 2029. new text end

new text begin Subd. 2. new text end new text begin Community Minigrant Program new text end

new text begin $1,250,000 in fiscal year 2027 is for the community minigrant program under Minnesota Statutes, section 256.01, subdivision 2, paragraph (a), clause (6). Grants under this subdivision are subject to the grant requirements under Minnesota Statutes, chapter 16B. The base for this appropriation is $1,250,000 in fiscal year 2028 and $625,000 in fiscal year 2029. new text end

new text begin Subd. 3. new text end new text begin Base Level Adjustments new text end

new text begin The general fund base is increased by $1,750,000 in fiscal year 2028 and $1,125,000 in fiscal year 2029. new text end

Sec. 11. new text begin GRANT PROGRAMS; HOUSING AND SUPPORT SERVICES GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 192,000 new text end

Sec. 12. new text begin GRANT PROGRAMS; ADULT MENTAL HEALTH GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 2,483,000 new text end

new text begin Subdivision 1. new text end new text begin Mobile Crisis Grants new text end

new text begin $3,800,000 in fiscal year 2027 is for the mobile crisis grants under Minnesota Statutes, sections 245.4661, subdivision 9, paragraph (b), clause (15), and 245.4889, subdivision 1, paragraph (b), clause (4). This is a onetime appropriation and is available until June 30, 2029. new text end

new text begin Subd. 2. new text end new text begin Base Level Adjustments new text end

new text begin The general fund base is reduced by $1,317,000 in fiscal year 2028 and reduced by $1,317,000 in fiscal year 2029. new text end

Sec. 13. new text begin GRANT PROGRAMS; CHILD MENTAL HEALTH GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 12,252,000 new text end

new text begin Subdivision 1. new text end new text begin School-Linked Behavioral Health Grants new text end

new text begin $11,891,000 in fiscal year 2027 is for school-linked behavioral health grants under Minnesota Statutes, section 245.4901. Grant awards under this subdivision must allow a grantee to use grant funds for a partnership with a nonpublic school or a Tribal contract school to provide services to students attending a nonpublic or Tribal contract school and to provide staff professional development activities for school's licensed and unlicensed staff. This is a onetime appropriation and is available until June 30, 2029. new text end

new text begin Subd. 2. new text end new text begin Base Level Adjustments new text end

new text begin The general fund base is increased by $361,000 in fiscal year 2028 and increased by $361,000 in fiscal year 2029. new text end

Sec. 14. new text begin GRANT PROGRAMS; CHEMICAL DEPENDENCY TREATMENT SUPPORT GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin (361,000) new text end

Sec. 15.

new text begin GRANT ADMINISTRATION COSTS. new text end

new text begin This article appropriates necessary administrative costs. The administrative costs retention requirement under Minnesota Statutes, section 16B.98, subdivision 14, is inapplicable to any appropriation in this article for a grant. new text end

Sec. 16.

new text begin EXPIRATION OF UNCODIFIED LANGUAGE. new text end

new text begin All uncodified language contained in this article expires on June 30, 2027, unless a different expiration date is explicit or an appropriation is made available beyond June 30, 2027. new text end

Sec. 17.

new text begin APPROPRIATIONS GIVEN EFFECT ONCE. new text end

new text begin If an appropriation, transfer, or cancellation in this article is enacted more than once during the 2026 legislative session, the appropriation, transfer, or cancellation must be given effect once. new text end

ARTICLE 18

DEPARTMENT OF HEALTH APPROPRIATIONS

Section 1. new text begin HEALTH APPROPRIATIONS. new text end

new text begin The dollar amounts shown in the columns marked "Appropriations" are added to or, if shown in parentheses, are subtracted from the appropriations in Laws 2025, First Special Session chapter 3, article 21, from the general fund or any named fund and are available for the fiscal years indicated for each purpose. The figures "2026" and "2027" used in this article mean that the addition to or subtraction from the appropriations listed under them are available for the fiscal years ending June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is fiscal year 2027. new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin COMMISSIONER OF HEALTH new text end

new text begin $ new text end

new text begin 50,440,000 new text end

new text begin $ new text end

new text begin 89,010,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2026 new text end	new text begin 2027 new text end
new text begin General new text end	new text begin 50,000,000 new text end	new text begin 88,383,000 new text end
new text begin State Government Special Revenue new text end	new text begin 440,000 new text end	new text begin 627,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following sections. new text end

Sec. 3. new text begin HEALTH IMPROVEMENT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 50,000,000 new text end	new text begin 86,330,000 new text end
new text begin State Government Special Revenue new text end	new text begin 440,000 new text end	new text begin 627,000 new text end

new text begin Subd. 2. new text end new text begin Helping Paws new text end

new text begin (a) Helping Paws Grant. $200,000 in fiscal year 2027 is from the general fund for a grant to Helping Paws, Inc., to breed, train, and place service or facility dogs with individuals who have physical disabilities; veterans and first responders living with service-related post-traumatic stress disorder; and professionals in courthouse, educational, and mental health settings. This is a onetime appropriation in memory of Speaker Emerita Melissa Hortman. Up to $10,000 in fiscal year 2027 may be used for administration. new text end

new text begin (b) Helping Paws; Private Donations. The commissioner of health may accept private donations to supplement the state money appropriated under paragraph (a). All donations accepted by the commissioner under this paragraph must be deposited in the gift fund and are appropriated to the commissioner for the purposes of paragraph (a). new text end

new text begin Subd. 3. new text end new text begin Crisis Telephone Services new text end

new text begin $1,125,000 in fiscal year 2027 is from the general fund for regional coordination and 24-hour-a-day, seven-day-a-week statewide crisis telephone services. Up to $112,500 in fiscal year 2027 is for administration. new text end

new text begin Subd. 4. new text end new text begin Hospital Stabilization Program new text end

new text begin $30,000,000 in fiscal year 2027 is from the general fund for the hospital stabilization program. This is a onetime appropriation. Of this appropriation, $600,000 in fiscal year 2027 is for the commissioner to administer the program. new text end

new text begin Subd. 5. new text end new text begin Hennepin Healthcare Stabilization Payments new text end

new text begin $50,000,000 in fiscal year 2026 and $54,950,000 in fiscal year 2027 are for direct payments to Hennepin Healthcare System, Inc., to avoid closure of the Hennepin County Medical Center. The commissioner must make a payment of the amount appropriated in fiscal year 2026 by June 30, 2026. For the purposes of these payments, the statewide grant-making requirements, including but not limited to those under Minnesota Statutes, sections 16A.15; 16B.97; 16C.05, subdivisions 1 to 4 and 6 to 8; and 16C.06, do not apply. The commissioner may use up to $350,000 in fiscal year 2027 for administration. This is a onetime appropriation. Notwithstanding section 8, this appropriation is not effective until the day following final enactment of House File No. 2438 from the 2026 regular session. new text end

new text begin Subd. 6. new text end new text begin Licensing and Regulation of Health Maintenance Organizations new text end

new text begin $440,000 in fiscal year 2026 and $440,000 in fiscal year 2027 are from the state government special revenue fund for licensing and regulation of health maintenance organizations under Minnesota Statutes, chapter 62D. new text end

new text begin Subd. 7. new text end new text begin All-Payer Claims Database; Administration new text end

new text begin $187,000 in fiscal year 2027 is from the state government special revenue fund for administering the all-payer claims database under Minnesota Statutes, section 62U.04. The state government special revenue fund base for this subdivision is increased by $233,000 in fiscal year 2028 and increased by $291,000 in fiscal year 2029. new text end

new text begin Subd. 8. new text end new text begin All-Payer Claims Database; Data on Fully Denied Claims new text end

new text begin $55,000 in fiscal year 2027 is from the general fund for the collection of data on fully denied claims according to Minnesota Statutes, section 62U.04, subdivision 4. This is a onetime appropriation. new text end

new text begin Subd. 9. new text end new text begin Base Adjustment new text end

new text begin The general fund base is increased by $1,125,000 in fiscal year 2028 and increased by $1,125,000 in fiscal year 2029. The state government special revenue fund base is increased by $673,000 in fiscal year 2028 and increased by $731,000 in fiscal year 2029. new text end

Sec. 4. new text begin HEALTH PROTECTION new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 2,053,000 new text end

new text begin $2,053,000 in fiscal year 2027 is for rulemaking and administrative activities under Minnesota Statutes, section 103I.706. This is a onetime appropriation and is available until December 31, 2029. new text end

Sec. 5.

new text begin GRANT ADMINISTRATION COSTS. new text end

new text begin This article appropriates necessary administrative costs. The administrative costs retention requirement under Minnesota Statutes, section 16B.98, subdivision 14, is inapplicable to any appropriation in this article for a grant. new text end

Sec. 6.

new text begin EXPIRATION OF UNCODIFIED LANGUAGE. new text end

new text begin All uncodified language contained in this article expires on June 30, 2027, unless a different expiration date is explicit or an appropriation is made available beyond June 30, 2027. new text end

Sec. 7.

new text begin APPROPRIATIONS GIVEN EFFECT ONCE. new text end

new text begin If an appropriation, transfer, or cancellation in this article is enacted more than once during the 2026 legislative session, the appropriation, transfer, or cancellation must be given effect once. new text end

Sec. 8.

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective the day following final enactment. new text end

ARTICLE 19

DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES APPROPRIATIONS

Section 1. new text begin CHILDREN, YOUTH, AND FAMILIES APPROPRIATIONS. new text end

new text begin The dollar amounts shown in the columns marked "Appropriations" are added to or, if shown in parentheses, are subtracted from the appropriations in Laws 2025, First Special Session chapter 3, article 22, from the general fund or any fund named for the purposes specified in this article, to be available for the fiscal year indicated for each purpose. The figures "2026" and "2027" used in this article mean that the appropriations listed under them are available for the fiscal years ending June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027. new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 46,952,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following sections. new text end

Sec. 3. new text begin OPERATIONS AND ADMINISTRATION; AGENCY-WIDE SUPPORTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 6,546,000 new text end

new text begin Subdivision 1. new text end new text begin Crisis Nursery Licensing Framework new text end

new text begin $212,000 in fiscal year 2027 is to develop a licensing framework for crisis nurseries. The base for this appropriation is $441,000 in fiscal year 2028 and $0 in fiscal year 2029. new text end

new text begin Subd. 2. new text end new text begin Base Adjustments new text end

new text begin The base is increased by $6,260,000 in fiscal year 2028 and increased by $5,819,000 in fiscal year 2029. new text end

Sec. 4. new text begin OPERATIONS AND ADMINISTRATION; EARLY CHILDHOOD new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 281,000 new text end

Sec. 5. new text begin OPERATIONS AND ADMINISTRATION; ECONOMIC OPPORTUNITY AND YOUTH SERVICES new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 147,000 new text end

new text begin This is a onetime appropriation. new text end

Sec. 6. new text begin OPERATIONS AND ADMINISTRATION; FAMILY WELL-BEING new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 2,818,000 new text end

new text begin The general fund base is increased by $3,308,000 in fiscal year 2028 and increased by $3,308,000 in fiscal year 2029. new text end

Sec. 7. new text begin GRANT PROGRAMS; SUPPORT SERVICES GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 10,728,000 new text end

new text begin County allocation for SNAP administrative costs. $10,728,000 in fiscal year 2027 is for an allocation to counties for SNAP administrative costs. The commissioner must allocate money under this section to counties based on each county's proportional share of SNAP administrative costs in the most recent year for which data are available. This is a onetime appropriation. new text end

Sec. 8. new text begin GRANT PROGRAMS; CHILD CARE DEVELOPMENT GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 450,000 new text end

new text begin Subdivision 1. new text end new text begin Child Care Licensing Basics Training Contract new text end

new text begin $450,000 in fiscal year 2027 is for a contract with a vendor to provide child care licensing basics training, including course content creation, translation, marketing, promotion, and underwriting. The base for this appropriation is $338,000 in fiscal year 2028 and $338,000 in fiscal year 2029. new text end

new text begin Subd. 2. new text end new text begin Base Adjustment new text end

new text begin The general fund base is increased by $338,000 in fiscal year 2028 and increased by $338,000 in fiscal year 2029. new text end

Sec. 9. new text begin GRANT PROGRAMS; CHILDREN'S SERVICES GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 250,000 new text end

new text begin Forensic Interview Training Scholarships. $250,000 in fiscal year 2027 is for grants to provide training scholarships for recipients to attend nationally recognized forensic interview protocol training. Eligible grantees must award scholarships for recipients to attend basic forensic interview training, advanced forensic interview training, and specialized interview topics training. Scholarship recipients may include individuals in law enforcement, child protection, and prosecution; health professionals investigating, treating, and managing child maltreatment cases in Minnesota; advocates working with a multidisciplinary team; and forensic interviewers at children's advocacy centers. This is a onetime appropriation. new text end

Sec. 10. new text begin GRANT PROGRAMS; CHILD AND COMMUNITY SERVICES GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 15,000,000 new text end

new text begin new text begin County Implementation of Minnesota African American Family Preservation and Child Welfare Disproportionality Act. new text end $15,000,000 in fiscal year 2027 is for initial county implementation of the Minnesota African American Family Preservation and Child Welfare Disproportionality Act under Minnesota Statutes, chapter 260. The commissioner must distribute this appropriation to counties under Minnesota Statutes, section 260.694. This is a onetime appropriation. new text end

Sec. 11. new text begin GRANT PROGRAMS; CHILD AND ECONOMIC SUPPORT GRANTS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 10,732,000 new text end

new text begin Subdivision 1. new text end new text begin Regional Food Bank Grants new text end

new text begin $4,900,000 in fiscal year 2027 is for regional food bank grants. This is a onetime appropriation. new text end

new text begin Subd. 2. new text end new text begin Minnesota Food Shelf Program new text end

new text begin $5,000,000 in fiscal year 2027 is for food shelf programs under Minnesota Statutes, section 142F.14. This is a onetime appropriation. new text end

new text begin Subd. 3. new text end new text begin Base Adjustment new text end

new text begin The general fund base is increased by $832,000 in fiscal year 2028 and increased by $832,000 in fiscal year 2029. new text end

Sec. 12.

Minnesota Statutes 2025 Supplement, section 256.043, subdivision 3, is amended to read:

Subd. 3.

Appropriations from registration and license fee account.

(a) The appropriations in paragraphs (b) to (n) shall be made from the registration and license fee account on a fiscal year basis in the order specified.

(b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs (b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be made accordingly.

(c) $100,000 is appropriated to the commissioner of human services for grants for opiate antagonist distribution. Grantees may utilize funds for opioid overdose prevention, community asset mapping, education, and opiate antagonist distribution.

(d) $2,000,000 is appropriated to the commissioner of human services for direct payments to Tribal nations and five urban Indian communities for traditional healing practices for American Indians and to increase the capacity of culturally specific providers in the behavioral health workforce. Any evaluations of practices under this paragraph must be designed cooperatively by the commissioner and Tribal nations or urban Indian communities. The commissioner must not require recipients to provide the details of specific ceremonies or identities of healers.

(e) $400,000 is appropriated to the commissioner of human services for competitive grants for opioid-focused Project ECHO programs.

(f) deleted text begin $277,000 deleted text end new text begin $321,000 new text end in fiscal year deleted text begin 2024 deleted text end new text begin 2027 new text end and deleted text begin $321,000 deleted text end each year thereafter is appropriated to the commissioner of deleted text begin human services deleted text end new text begin children, youth, and families new text end to administer the funding distribution and reporting requirements in paragraph deleted text begin (o) deleted text end new text begin (m) new text end .

(g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated to the commissioner of human services for safe recovery sites start-up and capacity building grants under section 254B.18.

(h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to the commissioner of human services for the opioid overdose surge alert system under section 245.891.

(i) $300,000 is appropriated to the commissioner of management and budget for evaluation activities under section 256.042, subdivision 1, paragraph (c).

(j) $261,000 is appropriated to the commissioner of human services for the provision of administrative services to the Opiate Epidemic Response Advisory Council and for the administration of the grants awarded under paragraph (n).

(k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration fees under section 151.066.

(l) $672,000 is appropriated to the commissioner of public safety for the Bureau of Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.

(m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining amount is appropriated to the commissioner of children, youth, and families for distribution to county social service agencies and Tribal social service agency initiative projects authorized under section 256.01, subdivision 14b, to provide prevention and child protection services to children and families who are affected by addiction. The commissioner shall distribute this money proportionally to county social service agencies and Tribal social service agency initiative projects through a formula based on intake data from the previous three calendar years related to substance use and out-of-home placement episodes where parental drug abuse is a reason for the out-of-home placement. County social service agencies and Tribal social service agency initiative projects receiving funds from the opiate epidemic response fund must annually report to the commissioner on how the funds were used to provide prevention and child protection services, including measurable outcomes, as determined by the commissioner. County social service agencies and Tribal social service agency initiative projects must not use funds received under this paragraph to supplant current state or local funding received for child protection services for children and families who are affected by addiction.

(n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in the account is appropriated to the commissioner of human services to award grants as specified by the Opiate Epidemic Response Advisory Council in accordance with section 256.042, unless otherwise appropriated by the legislature.

(o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service agencies and Tribal social service agency initiative projects under paragraph (m) and grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n) may be distributed on a calendar year basis.

(p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs (c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026. new text end

Sec. 13.

Laws 2024, chapter 117, section 22, is amended to read:

Sec. 22.

APPROPRIATIONS; MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT.

(a) $5,000,000 in fiscal year 2025 is appropriated from the general fund to the commissioner of human services for grants to Hennepin and Ramsey Counties to implement the Minnesota African American Family Preservation and Child Welfare Disproportionality Act phase-in program. Of this amount, $2,500,000 must be provided to Hennepin County and $2,500,000 must be provided to Ramsey County. This is a onetime appropriation and is available until deleted text begin June 30 deleted text end new text begin December 31 new text end , 2026.

(b) $1,000,000 in fiscal year 2025 is appropriated from the general fund to the commissioner of human services for the African American and disproportionately represented family preservation grant program under Minnesota Statutes, section 260.693. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for administrative costs under this paragraph is $0.

(c) $2,367,000 in fiscal year 2025 is appropriated from the general fund to the commissioner of human services to implement the African American Family Preservation and Child Welfare Disproportionality Act. The base for this appropriation is $3,251,000 in fiscal year 2026 and $3,110,000 in fiscal year 2027.

Sec. 14.

new text begin GRANT ADMINISTRATION COSTS. new text end

new text begin This article appropriates necessary administrative costs. The administrative costs retention requirement under Minnesota Statutes, section 16B.98, subdivision 14, is inapplicable to any appropriation in this article for a grant. new text end

Sec. 15.

new text begin EXPIRATION OF UNCODIFIED LANGUAGE. new text end

new text begin All uncodified language contained in this article expires on June 30, 2027, unless a different expiration date is explicit or an appropriation is made available beyond June 30, 2027. new text end

Sec. 16.

new text begin APPROPRIATIONS GIVEN EFFECT ONCE. new text end

new text begin If an appropriation, transfer, or cancellation in this article is enacted more than once during the 2026 legislative session, the appropriation, transfer, or cancellation must be given effect once. new text end

Sec. 17.

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective the day following final enactment unless otherwise indicated. new text end

ARTICLE 20

OTHER AGENCY APPROPRIATIONS

Section 1. new text begin OTHER AGENCY APPROPRIATIONS. new text end

new text begin The dollar amounts shown in the columns marked "Appropriations" are added to or, if shown in parentheses, are subtracted from the appropriations in Laws 2025, First Special Session chapter 3, articles 23 and 24, from the general fund or any fund named for the purposes specified in this article, to be available for the fiscal year indicated for each purpose. The figures "2026" and "2027" used in this article mean that the appropriations listed under them are available for the fiscal years ending June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027. new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin LEGISLATIVE COORDINATING COMMISSION new text end

new text begin $ new text end

new text begin 17,000 new text end

new text begin $ new text end

new text begin 74,000 new text end

new text begin Subdivision 1. new text end new text begin Education Group Insurance Program Report new text end

new text begin $17,000 in fiscal year 2026 and $74,000 in fiscal year 2027 are for the Legislative Budget Office to complete the annual report under Minnesota Statutes, section 471.6161, subdivision 9. The base for this appropriation is $36,000 in fiscal year 2028 and $36,000 in fiscal year 2029. new text end

new text begin Subd. 2. new text end new text begin Base Adjustment new text end

new text begin The general fund base is increased by $36,000 in fiscal year 2028 and increased by $36,000 in fiscal year 2029. new text end

Sec. 3. new text begin COMMISSIONER OF PUBLIC SAFETY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin -0- new text end

new text begin Subdivision 1. new text end new text begin Child Care Licensing Modernization new text end

new text begin The base in fiscal year 2029 must include $544,000 for child care licensing modernization under Minnesota Statutes, chapters 142H and 142I. new text end

new text begin Subd. 2. new text end new text begin Base Adjustment new text end

new text begin The general fund base is increased by $544,000 in fiscal year 2029. new text end

Sec. 4. new text begin COMMISSIONER OF EDUCATION new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin (281,000) new text end

new text begin This reduction is for preschool assessment funding. new text end

Sec. 5. new text begin COMMISSIONER OF MANAGEMENT AND BUDGET new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 193,000 new text end

new text begin $193,000 in fiscal year 2027 is for administration of the advisory task force on governance and financing of Hennepin Healthcare System, Inc. This is a onetime appropriation. new text end

Sec. 6. new text begin ATTORNEY GENERAL new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 1,230,000 new text end

new text begin Subdivision 1. new text end new text begin Medicaid Fraud Control Unit new text end

new text begin $1,230,000 in fiscal year 2027 is for the Medicaid fraud control unit. The base for this appropriation is $1,230,000 in fiscal year 2028 and $1,230,000 in fiscal year 2029. new text end

new text begin Subd. 2. new text end new text begin Base Adjustment new text end

new text begin The general fund base is increased by $1,230,000 in fiscal year 2028 and increased by $1,230,000 in fiscal year 2029. new text end

Sec. 7.

Laws 2024, chapter 127, article 67, section 7, is amended to read:

Sec. 7. BOARD OF DIRECTORS OF MNSURE

$

-0-

$

2,330,000

(a) Information Technology deleted text begin to Implement Federal Deferred Action for Childhood Arrivals Regulatory Requirements deleted text end . $2,330,000 in fiscal year 2025 is deleted text begin for information technology to implement federal Deferred Action for Childhood Arrivals regulatory requirements deleted text end new text begin for technology and operational needs. This appropriation is for information technology enhancements, system readiness, consumer communications, and operational changes to maintain service continuity and improve the consumer experience new text end . This is a onetime appropriation and is available until June 30, 2027.

(b) Transfer to Enterprise Account. The Board of Directors of MNsure must transfer $2,330,000 in fiscal year 2025 from the general fund to the enterprise account under Minnesota Statutes, section 62V.07. This is a onetime transfer.

Sec. 8.

new text begin GRANT ADMINISTRATION COSTS. new text end

new text begin This article appropriates necessary administrative costs. The administrative costs retention requirement under Minnesota Statutes, section 16B.98, subdivision 14, is inapplicable to any appropriation in this article for a grant. new text end

Sec. 9.

new text begin EXPIRATION OF UNCODIFIED LANGUAGE. new text end

new text begin All uncodified language contained in this article expires on June 30, 2027, unless a different expiration date is explicit or an appropriation is made available beyond June 30, 2027. new text end

Sec. 10.

new text begin APPROPRIATIONS GIVEN EFFECT ONCE. new text end

new text begin If an appropriation, transfer, or cancellation in this article is enacted more than once during the 2026 legislative session, the appropriation, transfer, or cancellation must be given effect once. new text end

Presented to the governor May 20, 2026

Signed by the governor May 26, 2026, 9:23 a.m.