1.1                          A bill for an act 
  1.2             relating to human services; making technical changes; 
  1.3             requiring a report on long-term care; amending 
  1.4             Minnesota Statutes 2002, sections 245A.035, 
  1.5             subdivision 3; 245A.04, subdivisions 3b, 3d; 256B.056, 
  1.6             subdivision 6; 256B.057, subdivision 10; 256B.064, 
  1.7             subdivision 2; 256B.437, subdivision 2; 256B.76; 
  1.8             256B.761; 256D.03, subdivision 3a; 256L.12, 
  1.9             subdivision 6; 260C.141, subdivision 2; proposing 
  1.10            coding for new law in Minnesota Statutes, chapter 
  1.11            144A; repealing Minnesota Statutes 2002, sections 
  1.12            62J.66; 62J.68; 144A.071, subdivision 5; 144A.35; Laws 
  1.13            1998, chapter 407, article 4, section 63. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [144A.351] [BALANCING LONG-TERM CARE:  REPORT 
  1.16  REQUIRED.] 
  1.17     The commissioners of health and human services, with the 
  1.18  cooperation of counties and regional entities, shall prepare a 
  1.19  report to the legislature by January 15, 2004, and biennially 
  1.20  thereafter, regarding the status of the full range of long-term 
  1.21  care services for the elderly in Minnesota.  The report shall 
  1.22  address: 
  1.23     (1) demographics and need for long-term care in Minnesota; 
  1.24     (2) summary of county and regional reports on long-term 
  1.25  care gaps, surpluses, imbalances, and corrective action plans; 
  1.26     (3) status of long-term care services by county and region 
  1.27  including: 
  1.28     (i) changes in availability of the range of long-term care 
  1.29  services and housing options; 
  2.1      (ii) access problems regarding long-term care; and 
  2.2      (iii) comparative measures of long-term care availability 
  2.3   and progress over time; and 
  2.4      (4) recommendations regarding goals for the future of 
  2.5   long-term care services, policy changes, and resource needs. 
  2.6      Sec. 2.  Minnesota Statutes 2002, section 245A.035, 
  2.7   subdivision 3, is amended to read: 
  2.8      Subd. 3.  [REQUIREMENTS FOR EMERGENCY LICENSE.] Before an 
  2.9   emergency license may be issued, the following requirements must 
  2.10  be met: 
  2.11     (1) the county agency must conduct an initial inspection of 
  2.12  the premises where the foster care is to be provided to ensure 
  2.13  the health and safety of any child placed in the home.  The 
  2.14  county agency shall conduct the inspection using a form 
  2.15  developed by the commissioner; 
  2.16     (2) at the time of the inspection or placement, whichever 
  2.17  is earlier, the relative being considered for an emergency 
  2.18  license shall receive an application form for a child foster 
  2.19  care license; 
  2.20     (3) whenever possible, prior to placing the child in the 
  2.21  relative's home, the relative being considered for an emergency 
  2.22  license shall provide the information required by section 
  2.23  245A.04, subdivision 3, paragraph ~~(b)~~ (k); and 
  2.24     (4) if the county determines, prior to the issuance of an 
  2.25  emergency license, that anyone requiring a background study may 
  2.26  be disqualified under section 245A.04, and the disqualification 
  2.27  is one which the commissioner cannot set aside, an emergency 
  2.28  license shall not be issued. 
  2.29     Sec. 3.  Minnesota Statutes 2002, section 245A.04, 
  2.30  subdivision 3b, is amended to read: 
  2.31     Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) The 
  2.32  individual who is the subject of the disqualification may 
  2.33  request a reconsideration of the disqualification.  
  2.34     The individual must submit the request for reconsideration 
  2.35  to the commissioner in writing.  A request for reconsideration 
  2.36  for an individual who has been sent a notice of disqualification 
  3.1   under subdivision 3a, paragraph (b), clause (1) or (2), must be 
  3.2   submitted within 30 calendar days of the disqualified 
  3.3   individual's receipt of the notice of disqualification.  Upon 
  3.4   showing that the information in clause (1) or (2) cannot be 
  3.5   obtained within 30 days, the disqualified individual may request 
  3.6   additional time, not to exceed 30 days, to obtain that 
  3.7   information.  A request for reconsideration for an individual 
  3.8   who has been sent a notice of disqualification under subdivision 
  3.9   3a, paragraph (b), clause (3), must be submitted within 15 
  3.10  calendar days of the disqualified individual's receipt of the 
  3.11  notice of disqualification.  An individual who was determined to 
  3.12  have maltreated a child under section 626.556 or a vulnerable 
  3.13  adult under section 626.557, and who was disqualified under this 
  3.14  section on the basis of serious or recurring maltreatment, may 
  3.15  request reconsideration of both the maltreatment and the 
  3.16  disqualification determinations.  The request for 
  3.17  reconsideration of the maltreatment determination and the 
  3.18  disqualification must be submitted within 30 calendar days of 
  3.19  the individual's receipt of the notice of disqualification.  
  3.20  Removal of a disqualified individual from direct contact shall 
  3.21  be ordered if the individual does not request reconsideration 
  3.22  within the prescribed time, and for an individual who submits a 
  3.23  timely request for reconsideration, if the disqualification is 
  3.24  not set aside.  The individual must present information showing 
  3.25  that: 
  3.26     (1) the information the commissioner relied upon in 
  3.27  determining that the underlying conduct giving rise to the 
  3.28  disqualification occurred, and for maltreatment, that the 
  3.29  maltreatment was serious or recurring, is incorrect; or 
  3.30     (2) the subject of the study does not pose a risk of harm 
  3.31  to any person served by the applicant, license holder, or 
  3.32  registrant under section 144A.71, subdivision 1. 
  3.33     (b) The commissioner shall rescind the disqualification if 
  3.34  the commissioner finds that the information relied on to 
  3.35  disqualify the subject is incorrect.  The commissioner may set 
  3.36  aside the disqualification under this section if the 
  4.1   commissioner finds that the individual does not pose a risk of 
  4.2   harm to any person served by the applicant, license holder, or 
  4.3   registrant under section 144A.71, subdivision 1.  In determining 
  4.4   that an individual does not pose a risk of harm, the 
  4.5   commissioner shall consider the nature, severity, and 
  4.6   consequences of the event or events that lead to 
  4.7   disqualification, whether there is more than one disqualifying 
  4.8   event, the age and vulnerability of the victim at the time of 
  4.9   the event, the harm suffered by the victim, the similarity 
  4.10  between the victim and persons served by the program, the time 
  4.11  elapsed without a repeat of the same or similar event, 
  4.12  documentation of successful completion by the individual studied 
  4.13  of training or rehabilitation pertinent to the event, and any 
  4.14  other information relevant to reconsideration.  In reviewing a 
  4.15  disqualification under this section, the commissioner shall give 
  4.16  preeminent weight to the safety of each person to be served by 
  4.17  the license holder, applicant, or registrant under section 
  4.18  144A.71, subdivision 1, over the interests of the license 
  4.19  holder, applicant, or registrant under section 144A.71, 
  4.20  subdivision 1. 
  4.21     (c) Unless the information the commissioner relied on in 
  4.22  disqualifying an individual is incorrect, the commissioner may 
  4.23  not set aside the disqualification of an individual in 
  4.24  connection with a license to provide family day care for 
  4.25  children, foster care for children in the provider's own home, 
  4.26  or foster care or day care services for adults in the provider's 
  4.27  own home if: 
  4.28     (1) less than ten years have passed since the discharge of 
  4.29  the sentence imposed for the offense; and the individual has 
  4.30  been convicted of a violation of any offense listed in sections 
  4.31  609.165 (felon ineligible to possess firearm), criminal 
  4.32  vehicular homicide under 609.21 (criminal vehicular homicide and 
  4.33  injury), 609.215 (aiding suicide or aiding attempted suicide), 
  4.34  felony violations under 609.223 or 609.2231 (assault in the 
  4.35  third or fourth degree), 609.713 (terroristic threats), 609.235 
  4.36  (use of drugs to injure or to facilitate crime), 609.24 (simple 
  5.1   robbery), 609.255 (false imprisonment), 609.562 (arson in the 
  5.2   second degree), 609.71 (riot), 609.498, subdivision 1 or ~~1a~~ 
  5.3   1b (aggravated first degree or first degree tampering with a 
  5.4   witness), burglary in the first or second degree under 609.582 
  5.5   (burglary), 609.66 (dangerous weapon), 609.665 (spring guns), 
  5.6   609.67 (machine guns and short-barreled shotguns), 609.749, 
  5.7   subdivision 2 (gross misdemeanor harassment; stalking), 152.021 
  5.8   or 152.022 (controlled substance crime in the first or second 
  5.9   degree), 152.023, subdivision 1, clause (3) or (4), or 
  5.10  subdivision 2, clause (4) (controlled substance crime in the 
  5.11  third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
  5.12  (controlled substance crime in the fourth degree), 609.224, 
  5.13  subdivision 2, paragraph (c) (fifth-degree assault by a 
  5.14  caregiver against a vulnerable adult), 609.23 (mistreatment of 
  5.15  persons confined), 609.231 (mistreatment of residents or 
  5.16  patients), 609.2325 (criminal abuse of a vulnerable adult), 
  5.17  609.233 (criminal neglect of a vulnerable adult), 609.2335 
  5.18  (financial exploitation of a vulnerable adult), 609.234 (failure 
  5.19  to report), 609.265 (abduction), 609.2664 to 609.2665 
  5.20  (manslaughter of an unborn child in the first or second degree), 
  5.21  609.267 to 609.2672 (assault of an unborn child in the first, 
  5.22  second, or third degree), 609.268 (injury or death of an unborn 
  5.23  child in the commission of a crime), 617.293 (disseminating or 
  5.24  displaying harmful material to minors), a felony level 
  5.25  conviction involving alcohol or drug use, a gross misdemeanor 
  5.26  offense under 609.324, subdivision 1 (other prohibited acts), a 
  5.27  gross misdemeanor offense under 609.378 (neglect or endangerment 
  5.28  of a child), a gross misdemeanor offense under 609.377 
  5.29  (malicious punishment of a child), 609.72, subdivision 3 
  5.30  (disorderly conduct against a vulnerable adult); or an attempt 
  5.31  or conspiracy to commit any of these offenses, as each of these 
  5.32  offenses is defined in Minnesota Statutes; or an offense in any 
  5.33  other state, the elements of which are substantially similar to 
  5.34  the elements of any of the foregoing offenses; 
  5.35     (2) regardless of how much time has passed since the 
  5.36  involuntary termination of parental rights under section 
  6.1   260C.301 or the discharge of the sentence imposed for the 
  6.2   offense, the individual was convicted of a violation of any 
  6.3   offense listed in sections 609.185 to 609.195 (murder in the 
  6.4   first, second, or third degree), 609.20 (manslaughter in the 
  6.5   first degree), 609.205 (manslaughter in the second degree), 
  6.6   609.245 (aggravated robbery), 609.25 (kidnapping), 609.561 
  6.7   (arson in the first degree), 609.749, subdivision 3, 4, or 5 
  6.8   (felony-level harassment; stalking), 609.228 (great bodily harm 
  6.9   caused by distribution of drugs), 609.221 or 609.222 (assault in 
  6.10  the first or second degree), 609.66, subdivision 1e (drive-by 
  6.11  shooting), 609.855, subdivision 5 (shooting in or at a public 
  6.12  transit vehicle or facility), 609.2661 to 609.2663 (murder of an 
  6.13  unborn child in the first, second, or third degree), a felony 
  6.14  offense under 609.377 (malicious punishment of a child), a 
  6.15  felony offense under 609.324, subdivision 1 (other prohibited 
  6.16  acts), a felony offense under 609.378 (neglect or endangerment 
  6.17  of a child), 609.322 (solicitation, inducement, and promotion of 
  6.18  prostitution), 609.342 to 609.345 (criminal sexual conduct in 
  6.19  the first, second, third, or fourth degree), 609.352 
  6.20  (solicitation of children to engage in sexual conduct), 617.246 
  6.21  (use of minors in a sexual performance), 617.247 (possession of 
  6.22  pictorial representations of a minor), 609.365 (incest), a 
  6.23  felony offense under sections 609.2242 and 609.2243 (domestic 
  6.24  assault), a felony offense of spousal abuse, a felony offense of 
  6.25  child abuse or neglect, a felony offense of a crime against 
  6.26  children, or an attempt or conspiracy to commit any of these 
  6.27  offenses as defined in Minnesota Statutes, or an offense in any 
  6.28  other state, the elements of which are substantially similar to 
  6.29  any of the foregoing offenses; 
  6.30     (3) within the seven years preceding the study, the 
  6.31  individual committed an act that constitutes maltreatment of a 
  6.32  child under section 626.556, subdivision 10e, and that resulted 
  6.33  in substantial bodily harm as defined in section 609.02, 
  6.34  subdivision 7a, or substantial mental or emotional harm as 
  6.35  supported by competent psychological or psychiatric evidence; or 
  6.36     (4) within the seven years preceding the study, the 
  7.1   individual was determined under section 626.557 to be the 
  7.2   perpetrator of a substantiated incident of maltreatment of a 
  7.3   vulnerable adult that resulted in substantial bodily harm as 
  7.4   defined in section 609.02, subdivision 7a, or substantial mental 
  7.5   or emotional harm as supported by competent psychological or 
  7.6   psychiatric evidence. 
  7.7      In the case of any ground for disqualification under 
  7.8   clauses (1) to (4), if the act was committed by an individual 
  7.9   other than the applicant, license holder, or registrant under 
  7.10  section 144A.71, subdivision 1, residing in the applicant's or 
  7.11  license holder's home, or the home of a registrant under section 
  7.12  144A.71, subdivision 1, the applicant, license holder, or 
  7.13  registrant under section 144A.71, subdivision 1, may seek 
  7.14  reconsideration when the individual who committed the act no 
  7.15  longer resides in the home.  
  7.16     The disqualification periods provided under clauses (1), 
  7.17  (3), and (4) are the minimum applicable disqualification 
  7.18  periods.  The commissioner may determine that an individual 
  7.19  should continue to be disqualified from licensure or 
  7.20  registration under section 144A.71, subdivision 1, because the 
  7.21  license holder, applicant, or registrant under section 144A.71, 
  7.22  subdivision 1, poses a risk of harm to a person served by that 
  7.23  individual after the minimum disqualification period has passed. 
  7.24     (d) The commissioner shall respond in writing or by 
  7.25  electronic transmission to all reconsideration requests for 
  7.26  which the basis for the request is that the information relied 
  7.27  upon by the commissioner to disqualify is incorrect or 
  7.28  inaccurate within 30 working days of receipt of a request and 
  7.29  all relevant information.  If the basis for the request is that 
  7.30  the individual does not pose a risk of harm, the commissioner 
  7.31  shall respond to the request within 15 working days after 
  7.32  receiving the request for reconsideration and all relevant 
  7.33  information.  If the request is based on both the correctness or 
  7.34  accuracy of the information relied on to disqualify the 
  7.35  individual and the risk of harm, the commissioner shall respond 
  7.36  to the request within 45 working days after receiving the 
  8.1   request for reconsideration and all relevant information.  If 
  8.2   the disqualification is set aside, the commissioner shall notify 
  8.3   the applicant or license holder in writing or by electronic 
  8.4   transmission of the decision. 
  8.5      (e) Except as provided in subdivision 3c, if a 
  8.6   disqualification for which reconsideration was requested is not 
  8.7   set aside or is not rescinded, an individual who was 
  8.8   disqualified on the basis of a preponderance of evidence that 
  8.9   the individual committed an act or acts that meet the definition 
  8.10  of any of the crimes listed in subdivision 3d, paragraph (a), 
  8.11  clauses (1) to (4); or for failure to make required reports 
  8.12  under section 626.556, subdivision 3, or 626.557, subdivision 3, 
  8.13  pursuant to subdivision 3d, paragraph (a), clause (4), may 
  8.14  request a fair hearing under section 256.045.  Except as 
  8.15  provided under subdivision 3c, the fair hearing is the only 
  8.16  administrative appeal of the final agency determination, 
  8.17  specifically, including a challenge to the accuracy and 
  8.18  completeness of data under section 13.04.  
  8.19     (f) Except as provided under subdivision 3c, if an 
  8.20  individual was disqualified on the basis of a determination of 
  8.21  maltreatment under section 626.556 or 626.557, which was serious 
  8.22  or recurring, and the individual has requested reconsideration 
  8.23  of the maltreatment determination under section 626.556, 
  8.24  subdivision 10i, or 626.557, subdivision 9d, and also requested 
  8.25  reconsideration of the disqualification under this subdivision, 
  8.26  reconsideration of the maltreatment determination and 
  8.27  reconsideration of the disqualification shall be consolidated 
  8.28  into a single reconsideration.  For maltreatment and 
  8.29  disqualification determinations made by county agencies, the 
  8.30  consolidated reconsideration shall be conducted by the county 
  8.31  agency.  If the county agency has disqualified an individual on 
  8.32  multiple bases, one of which is a county maltreatment 
  8.33  determination for which the individual has a right to request 
  8.34  reconsideration, the county shall conduct the reconsideration of 
  8.35  all disqualifications.  Except as provided under subdivision 3c, 
  8.36  if an individual who was disqualified on the basis of serious or 
  9.1   recurring maltreatment requests a fair hearing on the 
  9.2   maltreatment determination under section 626.556, subdivision 
  9.3   10i, or 626.557, subdivision 9d, and requests a fair hearing on 
  9.4   the disqualification, which has not been set aside or rescinded 
  9.5   under this subdivision, the scope of the fair hearing under 
  9.6   section 256.045 shall include the maltreatment determination and 
  9.7   the disqualification.  Except as provided under subdivision 3c, 
  9.8   a fair hearing is the only administrative appeal of the final 
  9.9   agency determination, specifically, including a challenge to the 
  9.10  accuracy and completeness of data under section 13.04. 
  9.11     (g) In the notice from the commissioner that a 
  9.12  disqualification has been set aside, the license holder must be 
  9.13  informed that information about the nature of the 
  9.14  disqualification and which factors under paragraph (b) were the 
  9.15  bases of the decision to set aside the disqualification is 
  9.16  available to the license holder upon request without consent of 
  9.17  the background study subject.  With the written consent of a 
  9.18  background study subject, the commissioner may release to the 
  9.19  license holder copies of all information related to the 
  9.20  background study subject's disqualification and the 
  9.21  commissioner's decision to set aside the disqualification as 
  9.22  specified in the written consent. 
  9.23     Sec. 4.  Minnesota Statutes 2002, section 245A.04, 
  9.24  subdivision 3d, is amended to read: 
  9.25     Subd. 3d.  [DISQUALIFICATION.] (a) Upon receipt of 
  9.26  information showing, or when a background study completed under 
  9.27  subdivision 3 shows any of the following:  a conviction of one 
  9.28  or more crimes listed in clauses (1) to (4); the individual has 
  9.29  admitted to or a preponderance of the evidence indicates the 
  9.30  individual has committed an act or acts that meet the definition 
  9.31  of any of the crimes listed in clauses (1) to (4); or an 
  9.32  investigation results in an administrative determination listed 
  9.33  under clause (4), the individual shall be disqualified from any 
  9.34  position allowing direct contact with persons receiving services 
  9.35  from the license holder, entity identified in subdivision 3, 
  9.36  paragraph (a), or registrant under section 144A.71, subdivision 
 10.1   1, and for individuals studied under section 245A.04, 
 10.2   subdivision 3, paragraph (c), clauses (2), (6), and (7), the 
 10.3   individual shall also be disqualified from access to a person 
 10.4   receiving services from the license holder: 
 10.5      (1) regardless of how much time has passed since the 
 10.6   involuntary termination of parental rights under section 
 10.7   260C.301 or the discharge of the sentence imposed for the 
 10.8   offense, and unless otherwise specified, regardless of the level 
 10.9   of the conviction, the individual was convicted of any of the 
 10.10  following offenses:  sections 609.185 (murder in the first 
 10.11  degree); 609.19 (murder in the second degree); 609.195 (murder 
 10.12  in the third degree); 609.2661 (murder of an unborn child in the 
 10.13  first degree); 609.2662 (murder of an unborn child in the second 
 10.14  degree); 609.2663 (murder of an unborn child in the third 
 10.15  degree); 609.20 (manslaughter in the first degree); 609.205 
 10.16  (manslaughter in the second degree); 609.221 or 609.222 (assault 
 10.17  in the first or second degree); 609.228 (great bodily harm 
 10.18  caused by distribution of drugs); 609.245 (aggravated robbery); 
 10.19  609.25 (kidnapping); 609.561 (arson in the first degree); 
 10.20  609.749, subdivision 3, 4, or 5 (felony-level harassment; 
 10.21  stalking); 609.66, subdivision 1e (drive-by shooting); 609.855, 
 10.22  subdivision 5 (shooting at or in a public transit vehicle or 
 10.23  facility); 609.322 (solicitation, inducement, and promotion of 
 10.24  prostitution); 609.342 (criminal sexual conduct in the first 
 10.25  degree); 609.343 (criminal sexual conduct in the second degree); 
 10.26  609.344 (criminal sexual conduct in the third degree); 609.345 
 10.27  (criminal sexual conduct in the fourth degree); 609.352 
 10.28  (solicitation of children to engage in sexual conduct); 609.365 
 10.29  (incest); felony offense under 609.377 (malicious punishment of 
 10.30  a child); a felony offense under 609.378 (neglect or 
 10.31  endangerment of a child); a felony offense under 609.324, 
 10.32  subdivision 1 (other prohibited acts); 617.246 (use of minors in 
 10.33  sexual performance prohibited); 617.247 (possession of pictorial 
 10.34  representations of minors); a felony offense under sections 
 10.35  609.2242 and 609.2243 (domestic assault), a felony offense of 
 10.36  spousal abuse, a felony offense of child abuse or neglect, a 
 11.1   felony offense of a crime against children; or attempt or 
 11.2   conspiracy to commit any of these offenses as defined in 
 11.3   Minnesota Statutes, or an offense in any other state or country, 
 11.4   where the elements are substantially similar to any of the 
 11.5   offenses listed in this clause; 
 11.6      (2) if less than 15 years have passed since the discharge 
 11.7   of the sentence imposed for the offense; and the individual has 
 11.8   received a felony conviction for a violation of any of these 
 11.9   offenses:  sections 609.21 (criminal vehicular homicide and 
 11.10  injury); 609.165 (felon ineligible to possess firearm); 609.215 
 11.11  (suicide); 609.223 or 609.2231 (assault in the third or fourth 
 11.12  degree); repeat offenses under 609.224 (assault in the fifth 
 11.13  degree); repeat offenses under 609.3451 (criminal sexual conduct 
 11.14  in the fifth degree); 609.498, subdivision 1 or ~~1a~~ 
 11.15  1b (aggravated first degree or first degree tampering with a 
 11.16  witness); 609.713 (terroristic threats); 609.235 (use of drugs 
 11.17  to injure or facilitate crime); 609.24 (simple robbery); 609.255 
 11.18  (false imprisonment); 609.562 (arson in the second degree); 
 11.19  609.563 (arson in the third degree); repeat offenses under 
 11.20  617.23 (indecent exposure; penalties); repeat offenses under 
 11.21  617.241 (obscene materials and performances; distribution and 
 11.22  exhibition prohibited; penalty); 609.71 (riot); 609.66 
 11.23  (dangerous weapons); 609.67 (machine guns and short-barreled 
 11.24  shotguns); 609.2325 (criminal abuse of a vulnerable adult); 
 11.25  609.2664 (manslaughter of an unborn child in the first degree); 
 11.26  609.2665 (manslaughter of an unborn child in the second degree); 
 11.27  609.267 (assault of an unborn child in the first degree); 
 11.28  609.2671 (assault of an unborn child in the second degree); 
 11.29  609.268 (injury or death of an unborn child in the commission of 
 11.30  a crime); 609.52 (theft); 609.2335 (financial exploitation of a 
 11.31  vulnerable adult); 609.521 (possession of shoplifting gear); 
 11.32  609.582 (burglary); 609.625 (aggravated forgery); 609.63 
 11.33  (forgery); 609.631 (check forgery; offering a forged check); 
 11.34  609.635 (obtaining signature by false pretense); 609.27 
 11.35  (coercion); 609.275 (attempt to coerce); 609.687 (adulteration); 
 11.36  260C.301 (grounds for termination of parental rights); chapter 
 12.1   152 (drugs; controlled substance); and a felony level conviction 
 12.2   involving alcohol or drug use.  An attempt or conspiracy to 
 12.3   commit any of these offenses, as each of these offenses is 
 12.4   defined in Minnesota Statutes; or an offense in any other state 
 12.5   or country, the elements of which are substantially similar to 
 12.6   the elements of the offenses in this clause.  If the individual 
 12.7   studied is convicted of one of the felonies listed in this 
 12.8   clause, but the sentence is a gross misdemeanor or misdemeanor 
 12.9   disposition, the lookback period for the conviction is the 
 12.10  period applicable to the disposition, that is the period for 
 12.11  gross misdemeanors or misdemeanors; 
 12.12     (3) if less than ten years have passed since the discharge 
 12.13  of the sentence imposed for the offense; and the individual has 
 12.14  received a gross misdemeanor conviction for a violation of any 
 12.15  of the following offenses:  sections 609.224 (assault in the 
 12.16  fifth degree); 609.2242 and 609.2243 (domestic assault); 
 12.17  violation of an order for protection under 518B.01, subdivision 
 12.18  14; 609.3451 (criminal sexual conduct in the fifth degree); 
 12.19  repeat offenses under 609.746 (interference with privacy); 
 12.20  repeat offenses under 617.23 (indecent exposure); 617.241 
 12.21  (obscene materials and performances); 617.243 (indecent 
 12.22  literature, distribution); 617.293 (harmful materials; 
 12.23  dissemination and display to minors prohibited); 609.71 (riot); 
 12.24  609.66 (dangerous weapons); 609.749, subdivision 2 (harassment; 
 12.25  stalking); 609.224, subdivision 2, paragraph (c) (assault in the 
 12.26  fifth degree by a caregiver against a vulnerable adult); 609.23 
 12.27  (mistreatment of persons confined); 609.231 (mistreatment of 
 12.28  residents or patients); 609.2325 (criminal abuse of a vulnerable 
 12.29  adult); 609.233 (criminal neglect of a vulnerable adult); 
 12.30  609.2335 (financial exploitation of a vulnerable adult); 609.234 
 12.31  (failure to report maltreatment of a vulnerable adult); 609.72, 
 12.32  subdivision 3 (disorderly conduct against a vulnerable adult); 
 12.33  609.265 (abduction); 609.378 (neglect or endangerment of a 
 12.34  child); 609.377 (malicious punishment of a child); 609.324, 
 12.35  subdivision 1a (other prohibited acts; minor engaged in 
 12.36  prostitution); 609.33 (disorderly house); 609.52 (theft); 
 13.1   609.582 (burglary); 609.631 (check forgery; offering a forged 
 13.2   check); 609.275 (attempt to coerce); or an attempt or conspiracy 
 13.3   to commit any of these offenses, as each of these offenses is 
 13.4   defined in Minnesota Statutes; or an offense in any other state 
 13.5   or country, the elements of which are substantially similar to 
 13.6   the elements of any of the offenses listed in this clause.  If 
 13.7   the defendant is convicted of one of the gross misdemeanors 
 13.8   listed in this clause, but the sentence is a misdemeanor 
 13.9   disposition, the lookback period for the conviction is the 
 13.10  period applicable to misdemeanors; or 
 13.11     (4) if less than seven years have passed since the 
 13.12  discharge of the sentence imposed for the offense; and the 
 13.13  individual has received a misdemeanor conviction for a violation 
 13.14  of any of the following offenses:  sections 609.224 (assault in 
 13.15  the fifth degree); 609.2242 (domestic assault); violation of an 
 13.16  order for protection under 518B.01 (Domestic Abuse Act); 
 13.17  violation of an order for protection under 609.3232 (protective 
 13.18  order authorized; procedures; penalties); 609.746 (interference 
 13.19  with privacy); 609.79 (obscene or harassing phone calls); 
 13.20  609.795 (letter, telegram, or package; opening; harassment); 
 13.21  617.23 (indecent exposure; penalties); 609.2672 (assault of an 
 13.22  unborn child in the third degree); 617.293 (harmful materials; 
 13.23  dissemination and display to minors prohibited); 609.66 
 13.24  (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 
 13.25  exploitation of a vulnerable adult); 609.234 (failure to report 
 13.26  maltreatment of a vulnerable adult); 609.52 (theft); 609.27 
 13.27  (coercion); or an attempt or conspiracy to commit any of these 
 13.28  offenses, as each of these offenses is defined in Minnesota 
 13.29  Statutes; or an offense in any other state or country, the 
 13.30  elements of which are substantially similar to the elements of 
 13.31  any of the offenses listed in this clause; a determination or 
 13.32  disposition of failure to make required reports under section 
 13.33  626.556, subdivision 3, or 626.557, subdivision 3, for incidents 
 13.34  in which:  (i) the final disposition under section 626.556 or 
 13.35  626.557 was substantiated maltreatment, and (ii) the 
 13.36  maltreatment was recurring or serious; or a determination or 
 14.1   disposition of substantiated serious or recurring maltreatment 
 14.2   of a minor under section 626.556 or of a vulnerable adult under 
 14.3   section 626.557 for which there is a preponderance of evidence 
 14.4   that the maltreatment occurred, and that the subject was 
 14.5   responsible for the maltreatment. 
 14.6      For the purposes of this section, "serious maltreatment" 
 14.7   means sexual abuse; maltreatment resulting in death; or 
 14.8   maltreatment resulting in serious injury which reasonably 
 14.9   requires the care of a physician whether or not the care of a 
 14.10  physician was sought; or abuse resulting in serious injury.  For 
 14.11  purposes of this section, "abuse resulting in serious injury" 
 14.12  means:  bruises, bites, skin laceration or tissue damage; 
 14.13  fractures; dislocations; evidence of internal injuries; head 
 14.14  injuries with loss of consciousness; extensive second-degree or 
 14.15  third-degree burns and other burns for which complications are 
 14.16  present; extensive second-degree or third-degree frostbite, and 
 14.17  others for which complications are present; irreversible 
 14.18  mobility or avulsion of teeth; injuries to the eyeball; 
 14.19  ingestion of foreign substances and objects that are harmful; 
 14.20  near drowning; and heat exhaustion or sunstroke.  For purposes 
 14.21  of this section, "care of a physician" is treatment received or 
 14.22  ordered by a physician, but does not include diagnostic testing, 
 14.23  assessment, or observation.  For the purposes of this section, 
 14.24  "recurring maltreatment" means more than one incident of 
 14.25  maltreatment for which there is a preponderance of evidence that 
 14.26  the maltreatment occurred, and that the subject was responsible 
 14.27  for the maltreatment.  For purposes of this section, "access" 
 14.28  means physical access to an individual receiving services or the 
 14.29  individual's personal property without continuous, direct 
 14.30  supervision as defined in section 245A.04, subdivision 3.  
 14.31     (b) Except for background studies related to child foster 
 14.32  care, adult foster care, or family child care licensure, when 
 14.33  the subject of a background study is regulated by a 
 14.34  health-related licensing board as defined in chapter 214, and 
 14.35  the regulated person has been determined to have been 
 14.36  responsible for substantiated maltreatment under section 626.556 
 15.1   or 626.557, instead of the commissioner making a decision 
 15.2   regarding disqualification, the board shall make a determination 
 15.3   whether to impose disciplinary or corrective action under 
 15.4   chapter 214. 
 15.5      (1) The commissioner shall notify the health-related 
 15.6   licensing board: 
 15.7      (i) upon completion of a background study that produces a 
 15.8   record showing that the individual was determined to have been 
 15.9   responsible for substantiated maltreatment; 
 15.10     (ii) upon the commissioner's completion of an investigation 
 15.11  that determined the individual was responsible for substantiated 
 15.12  maltreatment; or 
 15.13     (iii) upon receipt from another agency of a finding of 
 15.14  substantiated maltreatment for which the individual was 
 15.15  responsible. 
 15.16     (2) The commissioner's notice shall indicate whether the 
 15.17  individual would have been disqualified by the commissioner for 
 15.18  the substantiated maltreatment if the individual were not 
 15.19  regulated by the board.  The commissioner shall concurrently 
 15.20  send this notice to the individual. 
 15.21     (3) Notwithstanding the exclusion from this subdivision for 
 15.22  individuals who provide child foster care, adult foster care, or 
 15.23  family child care, when the commissioner or a local agency has 
 15.24  reason to believe that the direct contact services provided by 
 15.25  the individual may fall within the jurisdiction of a 
 15.26  health-related licensing board, a referral shall be made to the 
 15.27  board as provided in this section. 
 15.28     (4) If, upon review of the information provided by the 
 15.29  commissioner, a health-related licensing board informs the 
 15.30  commissioner that the board does not have jurisdiction to take 
 15.31  disciplinary or corrective action, the commissioner shall make 
 15.32  the appropriate disqualification decision regarding the 
 15.33  individual as otherwise provided in this chapter. 
 15.34     (5) The commissioner has the authority to monitor the 
 15.35  facility's compliance with any requirements that the 
 15.36  health-related licensing board places on regulated persons 
 16.1   practicing in a facility either during the period pending a 
 16.2   final decision on a disciplinary or corrective action or as a 
 16.3   result of a disciplinary or corrective action.  The commissioner 
 16.4   has the authority to order the immediate removal of a regulated 
 16.5   person from direct contact or access when a board issues an 
 16.6   order of temporary suspension based on a determination that the 
 16.7   regulated person poses an immediate risk of harm to persons 
 16.8   receiving services in a licensed facility. 
 16.9      (6) A facility that allows a regulated person to provide 
 16.10  direct contact services while not complying with the 
 16.11  requirements imposed by the health-related licensing board is 
 16.12  subject to action by the commissioner as specified under 
 16.13  sections 245A.06 and 245A.07. 
 16.14     (7) The commissioner shall notify a health-related 
 16.15  licensing board immediately upon receipt of knowledge of 
 16.16  noncompliance with requirements placed on a facility or upon a 
 16.17  person regulated by the board. 
 16.18     Sec. 5.  Minnesota Statutes 2002, section 256B.056, 
 16.19  subdivision 6, is amended to read: 
 16.20     Subd. 6.  [ASSIGNMENT OF BENEFITS.] To be eligible for 
 16.21  medical assistance a person must have applied or must agree to 
 16.22  apply all proceeds received or receivable by the person or the 
 16.23  person's ~~spouse~~ legal representative from any third ~~person~~ party 
 16.24  liable for the costs of medical care ~~for the person, the spouse,~~ 
 16.25  ~~and children~~.  ~~The state agency shall require from any applicant~~ 
 16.26  ~~or recipient of medical assistance the assignment of any rights~~ 
 16.27  ~~to medical support and third party payments.~~  By accepting or 
 16.28  receiving assistance, the person is deemed to have assigned the 
 16.29  person's rights to medical support and third party payments as 
 16.30  required by Title 19 of the Social Security Act.  Persons must 
 16.31  cooperate with the state in establishing paternity and obtaining 
 16.32  third party payments.  By ~~signing an application for~~ accepting 
 16.33  medical assistance, a person assigns to the department of human 
 16.34  services all rights the person may have to medical support or 
 16.35  payments for medical expenses from any other person or entity on 
 16.36  their own or their dependent's behalf and agrees to cooperate 
 17.1   with the state in establishing paternity and obtaining third 
 17.2   party payments.  Any rights or amounts so assigned shall be 
 17.3   applied against the cost of medical care paid for under this 
 17.4   chapter.  Any assignment takes effect upon the determination 
 17.5   that the applicant is eligible for medical assistance and up to 
 17.6   three months prior to the date of application if the applicant 
 17.7   is determined eligible for and receives medical assistance 
 17.8   benefits.  The application must contain a statement explaining 
 17.9   this assignment.  ~~Any assignment shall not be effective as to~~ 
 17.10  ~~benefits paid or provided under automobile accident coverage and~~ 
 17.11  ~~private health care coverage prior to notification of the~~ 
 17.12  ~~assignment by the person or organization providing the~~ 
 17.13  ~~benefits.~~  For the purposes of this section, "the department of 
 17.14  human services or the state" includes prepaid health plans under 
 17.15  contract with the commissioner according to sections 256B.031, 
 17.16  256B.69, 256D.03, subdivision 4, paragraph (d), and 256L.12; 
 17.17  children's mental health collaboratives under section 245.493; 
 17.18  demonstration projects for persons with disabilities under 
 17.19  section 256B.77; nursing facilities under the alternative 
 17.20  payment demonstration project under section 256B.434; and the 
 17.21  county-based purchasing entities under section 256B.692.  
 17.22     Sec. 6.  Minnesota Statutes 2002, section 256B.057, 
 17.23  subdivision 10, is amended to read: 
 17.24     Subd. 10.  [CERTAIN PERSONS NEEDING TREATMENT FOR BREAST OR 
 17.25  CERVICAL CANCER.] (a) Medical assistance may be paid for a 
 17.26  person who: 
 17.27     (1) has been screened for breast or cervical cancer by the 
 17.28  Minnesota breast and cervical cancer control program, and 
 17.29  program funds have been used to pay for the person's screening; 
 17.30     (2) according to the person's treating health professional, 
 17.31  needs treatment, including diagnostic services necessary to 
 17.32  determine the extent and proper course of treatment, for breast 
 17.33  or cervical cancer, including precancerous conditions and early 
 17.34  stage cancer; 
 17.35     (3) meets the income eligibility guidelines for the 
 17.36  Minnesota breast and cervical cancer control program; 
 18.1      (4) is under age 65; 
 18.2      (5) is not otherwise eligible for medical assistance under 
 18.3   United States Code, title 42, section 1396(a)(10)(A)(i); and 
 18.4      (6) is not otherwise covered under creditable coverage, as 
 18.5   defined under United States Code, title 42, section 
 18.6   ~~300gg(c)~~ 1396a(aa). 
 18.7      (b) Medical assistance provided for an eligible person 
 18.8   under this subdivision shall be limited to services provided 
 18.9   during the period that the person receives treatment for breast 
 18.10  or cervical cancer. 
 18.11     (c) A person meeting the criteria in paragraph (a) is 
 18.12  eligible for medical assistance without meeting the eligibility 
 18.13  criteria relating to income and assets in section 256B.056, 
 18.14  subdivisions 1a to 5b. 
 18.15     Sec. 7.  Minnesota Statutes 2002, section 256B.064, 
 18.16  subdivision 2, is amended to read: 
 18.17     Subd. 2.  [IMPOSITION OF MONETARY RECOVERY AND SANCTIONS.] 
 18.18  (a) The commissioner shall determine any monetary amounts to be 
 18.19  recovered and sanctions to be imposed upon a vendor of medical 
 18.20  care under this section.  Except as provided in 
 18.21  ~~paragraph~~ paragraphs (b) and (d), neither a monetary recovery 
 18.22  nor a sanction will be imposed by the commissioner without prior 
 18.23  notice and an opportunity for a hearing, according to chapter 
 18.24  14, on the commissioner's proposed action, provided that the 
 18.25  commissioner may suspend or reduce payment to a vendor of 
 18.26  medical care, except a nursing home or convalescent care 
 18.27  facility, after notice and prior to the hearing if in the 
 18.28  commissioner's opinion that action is necessary to protect the 
 18.29  public welfare and the interests of the program. 
 18.30     (b) Except for a nursing home or convalescent care 
 18.31  facility, the commissioner may withhold or reduce payments to a 
 18.32  vendor of medical care without providing advance notice of such 
 18.33  withholding or reduction if either of the following occurs: 
 18.34     (1) the vendor is convicted of a crime involving the 
 18.35  conduct described in subdivision 1a; or 
 18.36     (2) the commissioner receives reliable evidence of fraud or 
 19.1   willful misrepresentation by the vendor. 
 19.2      (c) The commissioner must send notice of the withholding or 
 19.3   reduction of payments under paragraph (b) within five days of 
 19.4   taking such action.  The notice must: 
 19.5      (1) state that payments are being withheld according to 
 19.6   paragraph (b); 
 19.7      (2) except in the case of a conviction for conduct 
 19.8   described in subdivision 1a, state that the withholding is for a 
 19.9   temporary period and cite the circumstances under which 
 19.10  withholding will be terminated; 
 19.11     (3) identify the types of claims to which the withholding 
 19.12  applies; and 
 19.13     (4) inform the vendor of the right to submit written 
 19.14  evidence for consideration by the commissioner. 
 19.15     The withholding or reduction of payments will not continue 
 19.16  after the commissioner determines there is insufficient evidence 
 19.17  of fraud or willful misrepresentation by the vendor, or after 
 19.18  legal proceedings relating to the alleged fraud or willful 
 19.19  misrepresentation are completed, unless the commissioner has 
 19.20  sent notice of intention to impose monetary recovery or 
 19.21  sanctions under paragraph (a). 
 19.22     (d) The commissioner may suspend or terminate a vendor's 
 19.23  participation in the program without providing advance notice 
 19.24  and an opportunity for a hearing when the suspension or 
 19.25  termination is required because of the vendor's exclusion from 
 19.26  participation in Medicare.  Within five days of taking such 
 19.27  action, the commissioner must send notice of the suspension or 
 19.28  termination.  The notice must: 
 19.29     (1) state that suspension or termination is the result of 
 19.30  the vendor's exclusion from Medicare; 
 19.31     (2) identify the effective date of the suspension or 
 19.32  termination; 
 19.33     (3) inform the vendor of the need to be reinstated to 
 19.34  Medicare before reapplying for participation in the program; and 
 19.35     (4) inform the vendor of the right to submit written 
 19.36  evidence for consideration by the commissioner. 
 20.1      (e) Upon receipt of a notice under paragraph (a) that a 
 20.2   monetary recovery or sanction is to be imposed, a vendor may 
 20.3   request a contested case, as defined in section 14.02, 
 20.4   subdivision 3, by filing with the commissioner a written request 
 20.5   of appeal.  The appeal request must be received by the 
 20.6   commissioner no later than 30 days after the date the 
 20.7   notification of monetary recovery or sanction was mailed to the 
 20.8   vendor.  The appeal request must specify: 
 20.9      (1) each disputed item, the reason for the dispute, and an 
 20.10  estimate of the dollar amount involved for each disputed item; 
 20.11     (2) the computation that the vendor believes is correct; 
 20.12     (3) the authority in statute or rule upon which the vendor 
 20.13  relies for each disputed item; 
 20.14     (4) the name and address of the person or entity with whom 
 20.15  contacts may be made regarding the appeal; and 
 20.16     (5) other information required by the commissioner. 
 20.17     Sec. 8.  Minnesota Statutes 2002, section 256B.437, 
 20.18  subdivision 2, is amended to read: 
 20.19     Subd. 2.  [PLANNING AND DEVELOPMENT OF COMMUNITY-BASED 
 20.20  SERVICES.] (a) The commissioner of human services shall 
 20.21  establish a process to adjust the capacity and distribution of 
 20.22  long-term care services to equalize the supply and demand for 
 20.23  different types of services.  This process must include 
 20.24  community planning, expansion or establishment of needed 
 20.25  services, and analysis of voluntary nursing facility closures. 
 20.26     (b) The purpose of this process is to support the planning 
 20.27  and development of community-based services.  This process must 
 20.28  support early intervention, advocacy, and consumer protection 
 20.29  while providing resources and incentives for expanded county 
 20.30  planning and for nursing facilities to transition to meet 
 20.31  community needs. 
 20.32     (c) The process shall support and facilitate expansion of 
 20.33  community-based services under the county-administered 
 20.34  alternative care program under section 256B.0913 and waivers for 
 20.35  elderly under section 256B.0915, including, but not limited to, 
 20.36  the development of supportive services such as housing and 
 21.1   transportation.  The process shall utilize community assessments 
 21.2   and planning developed for the community health services plan 
 21.3   and plan update and for the community social services act plan, 
 21.4   and other relevant information. 
 21.5      (d) The commissioners of health and human services, as 
 21.6   appropriate, shall provide, by July 15, 2001, available data 
 21.7   necessary for the county, including, but not limited to, data on 
 21.8   nursing facility bed distribution, housing with services 
 21.9   options, the closure of nursing facilities that occur outside of 
 21.10  the planned closure process, and approval of planned closures in 
 21.11  the county and contiguous counties. 
 21.12     (e) Each county shall submit to the commissioner of human 
 21.13  services, by October 15, 2001, a gaps analysis that identifies 
 21.14  local service needs, pending development of services, and any 
 21.15  other issues that would contribute to or impede further 
 21.16  development of community-based services.  The gaps analysis must 
 21.17  also be sent to the local area agency on aging and, if 
 21.18  applicable, local SAIL projects, for review and comment.  The 
 21.19  review and comment must assess needs across county boundaries.  
 21.20  The area agencies on aging and SAIL projects must provide the 
 21.21  commissioner and the counties with their review and analyses by 
 21.22  November 15, 2001. 
 21.23     (f) The addendum to the biennial plan shall be submitted 
 21.24  biennially, beginning December 31, 2001, and every other year 
 21.25  thereafter in accordance with the Community Social Services Act 
 21.26  plan timeline, and shall include recommendations for development 
 21.27  of community-based services.  Area agencies on aging and SAIL 
 21.28  projects must provide the commissioner and the counties with 
 21.29  their review and analyses within 60 days following the Community 
 21.30  Social Services Act plan submission date.  Both planning and 
 21.31  implementation shall be implemented within the amount of funding 
 21.32  made available to the county board for these purposes. 
 21.33     (g) The plan, within the funding allocated, shall: 
 21.34     (1) include the gaps analysis required by paragraph (e); 
 21.35     (2) involve providers, consumers, cities, townships, 
 21.36  businesses, and area agencies on aging in the planning process; 
 22.1      (3) address the availability of alternative care and 
 22.2   elderly waiver services for eligible recipients; 
 22.3      (4) address the development of other supportive services, 
 22.4   such as transit, housing, and workforce and economic 
 22.5   development; and 
 22.6      (5) estimate the cost and timelines for development. 
 22.7      (h) The biennial plan addendum shall be coordinated with 
 22.8   the county mental health plan for inclusion in the community 
 22.9   health services plan and included as an addendum to the 
 22.10  community social services plan. 
 22.11     (i) The county board having financial responsibility for 
 22.12  persons present in another county shall cooperate with that 
 22.13  county for planning and development of services. 
 22.14     (j) The county board shall cooperate in planning and 
 22.15  development of community-based services with other counties, as 
 22.16  necessary, and coordinate planning for long-term care services 
 22.17  that involve more than one county, within the funding allocated 
 22.18  for these purposes. 
 22.19     ~~(k) The commissioners of health and human services, in~~ 
 22.20  ~~cooperation with county boards, shall report biennially to the~~ 
 22.21  ~~legislature, beginning February 1, 2002, regarding the~~ 
 22.22  ~~development of community-based services, transition or closure~~ 
 22.23  ~~of nursing facilities, and specific gaps in services in~~ 
 22.24  ~~identified geographic areas that may require additional~~ 
 22.25  ~~resources or flexibility, as documented by the process in this~~ 
 22.26  ~~subdivision.~~ 
 22.27     Sec. 9.  Minnesota Statutes 2002, section 256B.76, is 
 22.28  amended to read: 
 22.29     256B.76 [PHYSICIAN AND DENTAL REIMBURSEMENT.] 
 22.30     (a) Effective for services rendered on or after October 1, 
 22.31  1992, the commissioner shall make payments for physician 
 22.32  services as follows: 
 22.33     (1) payment for level one Centers for Medicare and Medicaid 
 22.34  Services' common procedural coding system codes titled "office 
 22.35  and other outpatient services," "preventive medicine new and 
 22.36  established patient," "delivery, antepartum, and postpartum 
 23.1   care," "critical care," cesarean delivery and pharmacologic 
 23.2   management provided to psychiatric patients, and level three 
 23.3   codes for enhanced services for prenatal high risk, shall be 
 23.4   paid at the lower of (i) submitted charges, or (ii) 25 percent 
 23.5   above the rate in effect on June 30, 1992.  If the rate on any 
 23.6   procedure code within these categories is different than the 
 23.7   rate that would have been paid under the methodology in section 
 23.8   256B.74, subdivision 2, then the larger rate shall be paid; 
 23.9      (2) payments for all other services shall be paid at the 
 23.10  lower of (i) submitted charges, or (ii) 15.4 percent above the 
 23.11  rate in effect on June 30, 1992; 
 23.12     (3) all physician rates shall be converted from the 50th 
 23.13  percentile of 1982 to the 50th percentile of 1989, less the 
 23.14  percent in aggregate necessary to equal the above increases 
 23.15  except that payment rates for home health agency services shall 
 23.16  be the rates in effect on September 30, 1992; 
 23.17     (4) effective for services rendered on or after January 1, 
 23.18  2000, payment rates for physician and professional services 
 23.19  shall be increased by three percent over the rates in effect on 
 23.20  December 31, 1999, except for home health agency and family 
 23.21  planning agency services; and 
 23.22     (5) the increases in clause (4) shall be implemented 
 23.23  January 1, 2000, for managed care. 
 23.24     (b) Effective for services rendered on or after October 1, 
 23.25  1992, the commissioner shall make payments for dental services 
 23.26  as follows: 
 23.27     (1) dental services shall be paid at the lower of (i) 
 23.28  submitted charges, or (ii) 25 percent above the rate in effect 
 23.29  on June 30, 1992; 
 23.30     (2) dental rates shall be converted from the 50th 
 23.31  percentile of 1982 to the 50th percentile of 1989, less the 
 23.32  percent in aggregate necessary to equal the above increases; 
 23.33     (3) effective for services rendered on or after January 1, 
 23.34  2000, payment rates for dental services shall be increased by 
 23.35  three percent over the rates in effect on December 31, 1999; 
 23.36     (4) the commissioner shall award grants to community 
 24.1   clinics or other nonprofit community organizations, political 
 24.2   subdivisions, professional associations, or other organizations 
 24.3   that demonstrate the ability to provide dental services 
 24.4   effectively to public program recipients.  Grants may be used to 
 24.5   fund the costs related to coordinating access for recipients, 
 24.6   developing and implementing patient care criteria, upgrading or 
 24.7   establishing new facilities, acquiring furnishings or equipment, 
 24.8   recruiting new providers, or other development costs that will 
 24.9   improve access to dental care in a region.  In awarding grants, 
 24.10  the commissioner shall give priority to applicants that plan to 
 24.11  serve areas of the state in which the number of dental providers 
 24.12  is not currently sufficient to meet the needs of recipients of 
 24.13  public programs or uninsured individuals.  The commissioner 
 24.14  shall consider the following in awarding the grants: 
 24.15     (i) potential to successfully increase access to an 
 24.16  underserved population; 
 24.17     (ii) the ability to raise matching funds; 
 24.18     (iii) the long-term viability of the project to improve 
 24.19  access beyond the period of initial funding; 
 24.20     (iv) the efficiency in the use of the funding; and 
 24.21     (v) the experience of the proposers in providing services 
 24.22  to the target population. 
 24.23     The commissioner shall monitor the grants and may terminate 
 24.24  a grant if the grantee does not increase dental access for 
 24.25  public program recipients.  The commissioner shall consider 
 24.26  grants for the following: 
 24.27     (i) implementation of new programs or continued expansion 
 24.28  of current access programs that have demonstrated success in 
 24.29  providing dental services in underserved areas; 
 24.30     (ii) a pilot program for utilizing hygienists outside of a 
 24.31  traditional dental office to provide dental hygiene services; 
 24.32  and 
 24.33     (iii) a program that organizes a network of volunteer 
 24.34  dentists, establishes a system to refer eligible individuals to 
 24.35  volunteer dentists, and through that network provides donated 
 24.36  dental care services to public program recipients or uninsured 
 25.1   individuals; 
 25.2      (5) beginning October 1, 1999, the payment for tooth 
 25.3   sealants and fluoride treatments shall be the lower of (i) 
 25.4   submitted charge, or (ii) 80 percent of median 1997 charges; 
 25.5      (6) the increases listed in clauses (3) and (5) shall be 
 25.6   implemented January 1, 2000, for managed care; and 
 25.7      (7) effective for services provided on or after January 1, 
 25.8   2002, payment for diagnostic examinations and dental x-rays 
 25.9   provided to children under age 21 shall be the lower of (i) the 
 25.10  submitted charge, or (ii) 85 percent of median 1999 charges.  
 25.11     (c) Effective for dental services rendered on or after 
 25.12  January 1, 2002, the commissioner may, within the limits of 
 25.13  available appropriation, increase reimbursements to dentists and 
 25.14  dental clinics deemed by the commissioner to be critical access 
 25.15  dental providers.  Reimbursement to a critical access dental 
 25.16  provider may be increased by not more than 50 percent above the 
 25.17  reimbursement rate that would otherwise be paid to the 
 25.18  provider.  Payments to health plan companies shall be adjusted 
 25.19  to reflect increased reimbursements to critical access dental 
 25.20  providers as approved by the commissioner.  In determining which 
 25.21  dentists and dental clinics shall be deemed critical access 
 25.22  dental providers, the commissioner shall review: 
 25.23     (1) the utilization rate in the service area in which the 
 25.24  dentist or dental clinic operates for dental services to 
 25.25  patients covered by medical assistance, general assistance 
 25.26  medical care, or MinnesotaCare as their primary source of 
 25.27  coverage; 
 25.28     (2) the level of services provided by the dentist or dental 
 25.29  clinic to patients covered by medical assistance, general 
 25.30  assistance medical care, or MinnesotaCare as their primary 
 25.31  source of coverage; and 
 25.32     (3) whether the level of services provided by the dentist 
 25.33  or dental clinic is critical to maintaining adequate levels of 
 25.34  patient access within the service area. 
 25.35  In the absence of a critical access dental provider in a service 
 25.36  area, the commissioner may designate a dentist or dental clinic 
 26.1   as a critical access dental provider if the dentist or dental 
 26.2   clinic is willing to provide care to patients covered by medical 
 26.3   assistance, general assistance medical care, or MinnesotaCare at 
 26.4   a level which significantly increases access to dental care in 
 26.5   the service area. 
 26.6      (d) ~~Effective July 1, 2001, the medical assistance rates~~ 
 26.7   ~~for outpatient mental health services provided by an entity that~~ 
 26.8   ~~operates:~~ 
 26.9      ~~(1) a Medicare-certified comprehensive outpatient~~ 
 26.10  ~~rehabilitation facility; and~~ 
 26.11     ~~(2) a facility that was certified prior to January 1, 1993,~~ 
 26.12  ~~with at least 33 percent of the clients receiving rehabilitation~~ 
 26.13  ~~services in the most recent calendar year who are medical~~ 
 26.14  ~~assistance recipients, will be increased by 38 percent, when~~ 
 26.15  ~~those services are provided within the comprehensive outpatient~~ 
 26.16  ~~rehabilitation facility and provided to residents of nursing~~ 
 26.17  ~~facilities owned by the entity.~~ 
 26.18     ~~(e)~~ An entity that operates both a Medicare certified 
 26.19  comprehensive outpatient rehabilitation facility and a facility 
 26.20  which was certified prior to January 1, 1993, that is licensed 
 26.21  under Minnesota Rules, parts 9570.2000 to 9570.3600, and for 
 26.22  whom at least 33 percent of the clients receiving rehabilitation 
 26.23  services in the most recent calendar year are medical assistance 
 26.24  recipients, shall be reimbursed by the commissioner for 
 26.25  rehabilitation services at rates that are 38 percent greater 
 26.26  than the maximum reimbursement rate allowed under paragraph (a), 
 26.27  clause (2), when those services are (1) provided within the 
 26.28  comprehensive outpatient rehabilitation facility and (2) 
 26.29  provided to residents of nursing facilities owned by the entity. 
 26.30     Sec. 10.  Minnesota Statutes 2002, section 256B.761, is 
 26.31  amended to read: 
 26.32     256B.761 [REIMBURSEMENT FOR MENTAL HEALTH SERVICES.] 
 26.33     (a) Effective for services rendered on or after July 1, 
 26.34  2001, payment for medication management provided to psychiatric 
 26.35  patients, outpatient mental health services, day treatment 
 26.36  services, home-based mental health services, and family 
 27.1   community support services shall be paid at the lower of (1) 
 27.2   submitted charges, or (2) 75.6 percent of the 50th percentile of 
 27.3   1999 charges. 
 27.4      (b) Effective July 1, 2001, the medical assistance rates 
 27.5   for outpatient mental health services provided by an entity that 
 27.6   operates:  (1) a Medicare-certified comprehensive outpatient 
 27.7   rehabilitation facility; and (2) a facility that was certified 
 27.8   prior to January 1, 1993, with at least 33 percent of the 
 27.9   clients receiving rehabilitation services in the most recent 
 27.10  calendar year who are medical assistance recipients, will be 
 27.11  increased by 38 percent, when those services are provided within 
 27.12  the comprehensive outpatient rehabilitation facility and 
 27.13  provided to residents of nursing facilities owned by the entity. 
 27.14     Sec. 11.  Minnesota Statutes 2002, section 256D.03, 
 27.15  subdivision 3a, is amended to read: 
 27.16     Subd. 3a.  [CLAIMS; ASSIGNMENT OF BENEFITS.] Claims must be 
 27.17  filed pursuant to section 256D.16.  General assistance medical 
 27.18  care applicants and recipients must apply or agree to apply 
 27.19  third party health and accident benefits to the costs of medical 
 27.20  care.  They must cooperate with the state in establishing 
 27.21  paternity and obtaining third party payments.  By ~~signing an~~ 
 27.22  ~~application for~~ accepting general assistance, a person assigns 
 27.23  to the department of human services all rights to medical 
 27.24  support or payments for medical expenses from another person or 
 27.25  entity on their own or their dependent's behalf and agrees to 
 27.26  cooperate with the state in establishing paternity and obtaining 
 27.27  third party payments.  The application shall contain a statement 
 27.28  explaining the assignment.  Any rights or amounts assigned shall 
 27.29  be applied against the cost of medical care paid for under this 
 27.30  chapter.  An assignment is effective on the date general 
 27.31  assistance medical care eligibility takes effect.  ~~The~~ 
 27.32  ~~assignment shall not affect benefits paid or provided under~~ 
 27.33  ~~automobile accident coverage and private health care coverage~~ 
 27.34  ~~until the person or organization providing the benefits has~~ 
 27.35  ~~received notice of the assignment.~~  
 27.36     Sec. 12.  Minnesota Statutes 2002, section 256L.12, 
 28.1   subdivision 6, is amended to read: 
 28.2      Subd. 6.  [COPAYMENTS AND BENEFIT LIMITS.] Enrollees are 
 28.3   responsible for all copayments in section 256L.03, subdivision ~~4~~ 
 28.4   5, and shall pay copayments to the managed care plan or to its 
 28.5   participating providers.  The enrollee is also responsible for 
 28.6   payment of inpatient hospital charges which exceed the 
 28.7   MinnesotaCare benefit limit. 
 28.8      Sec. 13.  Minnesota Statutes 2002, section 260C.141, 
 28.9   subdivision 2, is amended to read: 
 28.10     Subd. 2.  [REVIEW OF FOSTER CARE STATUS.] The social 
 28.11  services agency responsible for the placement of a child in a 
 28.12  residential facility, as defined in section 260C.212, 
 28.13  subdivision 1, pursuant to a voluntary release by the child's 
 28.14  parent or parents must proceed in juvenile court to review the 
 28.15  foster care status of the child in the manner provided in this 
 28.16  section.  
 28.17     (a) Except for a child in placement due solely to the 
 28.18  child's developmental disability or emotional disturbance, when 
 28.19  a child continues in voluntary placement according to section 
 28.20  260C.212, subdivision 8, a petition shall be filed alleging the 
 28.21  child to be in need of protection or services or seeking 
 28.22  termination of parental rights or other permanent placement of 
 28.23  the child away from the parent within 90 days of the date of the 
 28.24  voluntary placement agreement.  The petition shall state the 
 28.25  reasons why the child is in placement, the progress on the 
 28.26  out-of-home placement plan required under section 260C.212, 
 28.27  subdivision 1, and the statutory basis for the petition under 
 28.28  section 260C.007, subdivision 6, 260C.201, subdivision 11, or 
 28.29  260C.301. 
 28.30     (1) In the case of a petition alleging the child to be in 
 28.31  need of protection or services filed under this paragraph, if 
 28.32  all parties agree and the court finds it is in the best 
 28.33  interests of the child, the court may find the petition states a 
 28.34  prima facie case that: 
 28.35     (i) the child's needs are being met; 
 28.36     (ii) the placement of the child in foster care is in the 
 29.1   best interests of the child; 
 29.2      (iii) reasonable efforts to reunify the child and the 
 29.3   parent or guardian are being made; and 
 29.4      (iv) the child will be returned home in the next three 
 29.5   months. 
 29.6      (2) If the court makes findings under paragraph (1), the 
 29.7   court shall approve the voluntary arrangement and continue the 
 29.8   matter for up to three more months to ensure the child returns 
 29.9   to the parents' home.  The responsible social services agency 
 29.10  shall: 
 29.11     (i) report to the court when the child returns home and the 
 29.12  progress made by the parent on the out-of-home placement plan 
 29.13  required under section 260C.212, in which case the court shall 
 29.14  dismiss jurisdiction; 
 29.15     (ii) report to the court that the child has not returned 
 29.16  home, in which case the matter shall be returned to the court 
 29.17  for further proceedings under section 260C.163; or 
 29.18     (iii) if any party does not agree to continue the matter 
 29.19  under paragraph (1) and this paragraph, the matter shall proceed 
 29.20  under section 260C.163. 
 29.21     (b) In the case of a child in voluntary placement due 
 29.22  solely to the child's developmental disability or emotional 
 29.23  disturbance according to section 260C.212, subdivision 9, the 
 29.24  following procedures apply: 
 29.25     (1)  [REPORT TO COURT.] (i) Unless the county attorney 
 29.26  determines that a petition under subdivision 1 is appropriate, 
 29.27  without filing a petition, a written report shall be forwarded 
 29.28  to the court within 165 days of the date of the voluntary 
 29.29  placement agreement.  The written report shall contain necessary 
 29.30  identifying information for the court to proceed, a copy of the 
 29.31  out-of-home placement plan required under section 260C.212, 
 29.32  subdivision 1, a written summary of the proceedings of any 
 29.33  administrative review required under section 260C.212, 
 29.34  subdivision 7, and any other information the responsible social 
 29.35  services agency, parent or guardian, the child or the foster 
 29.36  parent or other residential facility wants the court to consider.
 30.1      (ii) The responsible social services agency, where 
 30.2   appropriate, must advise the child, parent or guardian, the 
 30.3   foster parent, or representative of the residential facility of 
 30.4   the requirements of this section and of their right to submit 
 30.5   information to the court.  If the child, parent or guardian, 
 30.6   foster parent, or representative of the residential facility 
 30.7   wants to send information to the court, the responsible social 
 30.8   services agency shall advise those persons of the reporting date 
 30.9   and the identifying information necessary for the court 
 30.10  administrator to accept the information and submit it to a judge 
 30.11  with the agency's report.  The responsible social services 
 30.12  agency must also notify those persons that they have the right 
 30.13  to be heard in person by the court and how to exercise that 
 30.14  right.  The responsible social services agency must also provide 
 30.15  notice that an in-court hearing will not be held unless 
 30.16  requested by a parent or guardian, foster parent, or the child. 
 30.17     (iii) After receiving the required report, the court has 
 30.18  jurisdiction to make the following determinations and must do so 
 30.19  within ten days of receiving the forwarded report:  (A) whether 
 30.20  or not the placement of the child is in the child's best 
 30.21  interests; and (B) whether the parent and agency are 
 30.22  appropriately planning for the child.  Unless requested by a 
 30.23  parent or guardian, foster parent, or child, no in-court hearing 
 30.24  need be held in order for the court to make findings and issue 
 30.25  an order under this paragraph. 
 30.26     (iv) If the court finds the placement is in the child's 
 30.27  best interests and that the agency and parent are appropriately 
 30.28  planning for the child, the court shall issue an order 
 30.29  containing explicit, individualized findings to support its 
 30.30  determination.  The court shall send a copy of the order to the 
 30.31  county attorney, the responsible social services agency, the 
 30.32  parent or guardian, the child, and the foster parents.  The 
 30.33  court shall also send the parent or guardian, the child, and the 
 30.34  foster parent notice of the required review under clause (2).  
 30.35     (v) If the court finds continuing the placement not to be 
 30.36  in the child's best interests or that the agency or the parent 
 31.1   or guardian is not appropriately planning for the child, the 
 31.2   court shall notify the county attorney, the responsible social 
 31.3   services agency, the parent or guardian, the foster parent, the 
 31.4   child, and the county attorney of the court's determinations and 
 31.5   the basis for the court's determinations. 
 31.6      (2)  [PERMANENCY REVIEW BY PETITION.] If a child with a 
 31.7   developmental disability or an emotional disturbance continues 
 31.8   in out-of-home placement for 13 months from the date of a 
 31.9   voluntary placement, a petition alleging the child to be in need 
 31.10  of protection or services, for termination of parental rights, 
 31.11  or for permanent placement of the child away from the parent 
 31.12  under section 260C.201 shall be filed.  The court shall conduct 
 31.13  a permanency hearing on the petition no later than 14 months 
 31.14  after the date of the voluntary placement.  At the permanency 
 31.15  hearing, the court shall determine the need for an order 
 31.16  permanently placing the child away from the parent or determine 
 31.17  whether there are compelling reasons that continued voluntary 
 31.18  placement is in the child's best interests.  A petition alleging 
 31.19  the child to be in need of protection or services shall state 
 31.20  the date of the voluntary placement agreement, the nature of the 
 31.21  child's developmental disability or emotional disturbance, the 
 31.22  plan for the ongoing care of the child, the parents' 
 31.23  participation in the plan, the responsible social services 
 31.24  agency's efforts to finalize a plan for the permanent placement 
 31.25  of the child, and the statutory basis for the petition. 
 31.26     (i) If a petition alleging the child to be in need of 
 31.27  protection or services is filed under this paragraph, the court 
 31.28  may find, based on the contents of the sworn petition, and the 
 31.29  agreement of all parties, including the child, where 
 31.30  appropriate, that there are compelling reasons that the 
 31.31  voluntary arrangement is in the best interests of the child and 
 31.32  that the responsible social services agency has made reasonable 
 31.33  efforts to finalize a plan for the permanent placement of the 
 31.34  child, approve the continued voluntary placement, and continue 
 31.35  the matter under the court's jurisdiction for the purpose of 
 31.36  reviewing the child's placement as a continued voluntary 
 32.1   arrangement every 12 months as long as the child continues in 
 32.2   out-of-home placement.  The matter must be returned to the court 
 32.3   for further review every 12 months as long as the child remains 
 32.4   in placement.  The court shall give notice to the parent or 
 32.5   guardian of the continued review requirements under this 
 32.6   section.  Nothing in this paragraph shall be construed to mean 
 32.7   the court must order permanent placement for the child under 
 32.8   section 260C.201, subdivision 11, as long as the court finds 
 32.9   compelling reasons at the first review required under this 
 32.10  section. 
 32.11     (ii) If a petition for termination of parental rights, for 
 32.12  transfer of permanent legal and physical custody to a relative, 
 32.13  for long-term foster care, or for foster care for a specified 
 32.14  period of time is filed, the court must proceed under section 
 32.15  260C.201, subdivision 11. 
 32.16     (3) If any party, including the child, disagrees with the 
 32.17  voluntary arrangement, the court shall proceed under section 
 32.18  260C.163. 
 32.19     Sec. 14.  [REPEALER.] 
 32.20     (a) Minnesota Statutes 2002, sections 62J.66; 62J.68; 
 32.21  144A.071, subdivision 5; and 144A.35, are repealed. 
 32.22     (b) Laws 1998, chapter 407, article 4, section 63, is 
 32.23  repealed.