1.1                          A bill for an act 
  1.2             relating to health and human services; reconciling 
  1.3             various provisions on criminal history background 
  1.4             checks; amending Minnesota Statutes 1994, section 
  1.5             144A.46, subdivision 5; Minnesota Statutes 1995 
  1.6             Supplement, sections 144.057, subdivisions 1, 3, and 
  1.7             4; 245A.04, subdivision 3; 299C.67, subdivision 5; 
  1.8             299C.68, subdivisions 2, 5, and 6; 609.2325, 
  1.9             subdivision 3; and Laws 1995, chapter 229, article 3, 
  1.10            section 17. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.13  144.057, subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [BACKGROUND STUDIES REQUIRED.] The 
  1.15  commissioner of health shall contract with the commissioner of 
  1.16  human services to conduct background studies of: 
  1.17     (1) individuals providing services which have direct 
  1.18  contact, as defined under section 245A.04, subdivision 3, with 
  1.19  patients and residents in hospitals, boarding care homes, 
  1.20  outpatient surgical centers licensed under sections 144.50 to 
  1.21  144.58; nursing homes and home care agencies licensed under 
  1.22  chapter 144A; residential care homes licensed under chapter 
  1.23  144B, and board and lodging establishments that are registered 
  1.24  to provide supportive or health supervision services under 
  1.25  section ~~157.031~~ 157.17; and 
  1.26     (2) all other employees in nursing homes and home care 
  1.27  agencies licensed under chapter 144A, and boarding care homes 
  1.28  licensed under sections 144.50 to 144.58.  A disqualification of 
  2.1   the individual in this section shall disqualify the individual 
  2.2   from positions allowing direct contact or access to patients or 
  2.3   residents receiving services. 
  2.4      If a facility or program is licensed by the department of 
  2.5   human services and subject to the background study provisions of 
  2.6   chapter 245A and is also licensed by the department of health, 
  2.7   the department of human services is solely responsible for the 
  2.8   background studies of individuals in the jointly licensed 
  2.9   programs. 
  2.10     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.11  144.057, subdivision 3, is amended to read: 
  2.12     Subd. 3.  [RECONSIDERATIONS.] The commissioner of health 
  2.13  shall review and decide reconsideration requests, including the 
  2.14  granting of variances, in accordance with the procedures and 
  2.15  criteria contained in chapter 245A and Minnesota Rules, parts 
  2.16  9543.3000 to 9543.3090.  The commissioner's decision shall be 
  2.17  provided to the individual and to the department of human 
  2.18  services.  The commissioner's decision to grant or deny a 
  2.19  reconsideration of disqualification is the final administrative 
  2.20  agency action. 
  2.21     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  2.22  144.057, subdivision 4, is amended to read: 
  2.23     Subd. 4.  [RESPONSIBILITIES OF FACILITIES.] Facilities 
  2.24  described in subdivision 1 shall be responsible for cooperating 
  2.25  with the departments in implementing the provisions of this 
  2.26  section.  The responsibilities imposed on applicants and 
  2.27  licensees under chapter 245A and Minnesota Rules, parts 
  2.28  9543.3000 to 9543.3090, shall apply to these facilities.  The 
  2.29  provision of section 245A.04, subdivision 3, paragraph ~~(d)~~ (e), 
  2.30  shall apply to applicants, licensees, or an individual's refusal 
  2.31  to cooperate with the completion of the background studies. 
  2.32     Sec. 4.  Minnesota Statutes 1994, section 144A.46, 
  2.33  subdivision 5, is amended to read: 
  2.34     Subd. 5.  [PRIOR CRIMINAL CONVICTIONS.] (a) ~~All persons who~~ 
  2.35  ~~have or will have direct contact with clients, including the~~ 
  2.36  ~~home care provider, employees of the provider, and applicants~~ 
  3.1   ~~for employment shall be required to disclose all criminal~~ 
  3.2   ~~convictions.  The commissioner may adopt rules that may require~~ 
  3.3   ~~a person who must disclose criminal convictions under this~~ 
  3.4   ~~subdivision to provide fingerprints and releases that authorize~~ 
  3.5   ~~law enforcement agencies, including the bureau of criminal~~ 
  3.6   ~~apprehension and the Federal Bureau of Investigation, to release~~ 
  3.7   ~~information about the person's criminal convictions to the~~ 
  3.8   ~~commissioner and home care providers.  The bureau of criminal~~ 
  3.9   ~~apprehension, county sheriffs, and local chiefs of police shall,~~ 
  3.10  ~~if requested, provide the commissioner with criminal conviction~~ 
  3.11  ~~data available from local, state, and national criminal record~~ 
  3.12  ~~repositories, including the criminal justice data communications~~ 
  3.13  ~~network.  No person may be employed by a home care provider in a~~ 
  3.14  ~~position that involves contact with recipients of home care~~ 
  3.15  ~~services nor may any person be involved in the management,~~ 
  3.16  ~~operation, or control of a provider, if the person has been~~ 
  3.17  ~~convicted of a crime that relates to the provision of home care~~ 
  3.18  ~~services or to the position, duties, or responsibilities~~ 
  3.19  ~~undertaken by that person in the operation of the home care~~ 
  3.20  ~~provider, unless the person can provide sufficient evidence of~~ 
  3.21  ~~rehabilitation.  The commissioner shall adopt rules for~~ 
  3.22  ~~determining what types of employment positions, including~~ 
  3.23  ~~volunteer positions, involve contact with recipients of home~~ 
  3.24  ~~care services, and whether a crime relates to home care services~~ 
  3.25  ~~and what constitutes sufficient evidence of rehabilitation.  The~~ 
  3.26  ~~rules must require consideration of the nature and seriousness~~ 
  3.27  ~~of the crime; the relationship of the crime to the purposes of~~ 
  3.28  ~~home care licensure and regulation; the relationship of the~~ 
  3.29  ~~crime to the ability, capacity, and fitness required to perform~~ 
  3.30  ~~the duties and discharge the responsibilities of the person's~~ 
  3.31  ~~position; mitigating circumstances or social conditions~~ 
  3.32  ~~surrounding the commission of the crime; the length of time~~ 
  3.33  ~~elapsed since the crime was committed; the seriousness of the~~ 
  3.34  ~~risk to the home care client's person or property; and other~~ 
  3.35  ~~factors the commissioner considers appropriate.  Data collected~~ 
  3.36  ~~under this subdivision shall be classified as private data under~~ 
  4.1   ~~section 13.02, subdivision 12.~~  Before the commissioner issues a 
  4.2   license, the applicant for a license and, as defined in 
  4.3   Minnesota Rules, part 4668.0003, an owner or managerial official 
  4.4   shall be subject to the background study required by section 
  4.5   144.057.  The commissioner shall not issue a license if the 
  4.6   applicant for license, an owner or a managerial official, has a 
  4.7   disqualifying characteristic under the provisions of chapter 
  4.8   245A, and Minnesota Rules, parts 9543.3000 to 9543.3090.  Until 
  4.9   October 1, 1997, grounds for disqualification shall also include 
  4.10  the crimes specified under Minnesota Rules, part 4668.0020, 
  4.11  subpart 14, or a comparable crime or act in another 
  4.12  jurisdiction, unless the disqualification is set aside under the 
  4.13  reconsideration process provided in section 144.057. 
  4.14     (b) Employees, contractors, and volunteers of a home care 
  4.15  provider or hospice are subject to the background study required 
  4.16  by section 144.057.  These individuals shall be disqualified 
  4.17  under the provisions of chapter 245A, and Minnesota Rules, parts 
  4.18  9543.3000 to 9543.3090.  Until October 1, 1997, grounds for 
  4.19  disqualification shall also include the crimes specified under 
  4.20  Minnesota Rules, part 4668.0020, subpart 14, or a comparable 
  4.21  crime or act in another jurisdiction.  Nothing in this section 
  4.22  shall be construed to prohibit a home care provider from 
  4.23  requiring self-disclosure of criminal conviction information; 
  4.24  however, compliance with the provisions of section 144.057 
  4.25  constitutes compliance with the provisions of Minnesota Rules, 
  4.26  part 4668.0020, subpart 8. 
  4.27     (c) Notwithstanding the provisions of Minnesota Rules, part 
  4.28  4668.0020, subparts 12, 13, and 15, disqualifications under 
  4.29  paragraph (a) or (b), removal from a direct care position and 
  4.30  the process for reconsiderations shall be governed by the 
  4.31  provisions of section 144.057. 
  4.32     (d) Unless superseded by the provisions of section 144.057 
  4.33  or this section, the provisions of Minnesota Rules, part 
  4.34  4668.0020, remain in effect. 
  4.35     ~~(b)~~ (e) Termination of an employee in good faith reliance 
  4.36  on information or records obtained under paragraph ~~(a)~~ (b) 
  5.1   regarding a confirmed conviction does not subject the home care 
  5.2   provider to civil liability or liability for reemployment 
  5.3   insurance benefits. 
  5.4      Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  5.5   245A.04, subdivision 3, is amended to read: 
  5.6      Subd. 3.  [STUDY OF THE APPLICANT.] (a) Before the 
  5.7   commissioner issues a license, the commissioner shall conduct a 
  5.8   study of the individuals specified in paragraph (c), clauses (1) 
  5.9   to (5), according to rules of the commissioner.  
  5.10     The commissioner shall also conduct a study of employees 
  5.11  providing direct contact services for nonlicensed personal care 
  5.12  provider organizations described in paragraph (c), clause (5). 
  5.13     The commissioner shall recover the cost of these background 
  5.14  studies through a fee charged to the personal care provider 
  5.15  organization.  
  5.16     (b) Beginning July 1, 1997, when a background study is 
  5.17  initiated by either a nursing home or a home care agency 
  5.18  licensed under chapter 144A or a boarding care home licensed 
  5.19  under sections 144.50 to 144.58, and the subject of the study 
  5.20  resides outside Minnesota; the study must be at least as 
  5.21  comprehensive as that of a Minnesota resident and include a 
  5.22  search of information from the criminal justice data 
  5.23  communications network in the state where the subject of the 
  5.24  study resides. 
  5.25     (c) The applicant, license holder, the bureau of criminal 
  5.26  apprehension, the commissioner of health and county agencies, 
  5.27  after written notice to the individual who is the subject of the 
  5.28  study, shall help with the study by giving the commissioner 
  5.29  criminal conviction data and reports about ~~abuse or neglect~~ the 
  5.30  maltreatment of adults ~~in licensed programs~~ substantiated under 
  5.31  section 626.557 and the maltreatment of minors in licensed 
  5.32  programs substantiated under section 626.556.  The individuals 
  5.33  to be studied shall include: 
  5.34     (1) the applicant; 
  5.35     (2) persons over the age of 13 living in the household 
  5.36  where the licensed program will be provided; 
  6.1      (3) current employees or contractors of the applicant who 
  6.2   will have direct contact with persons served by the facility, 
  6.3   agency, or program and all other employees in nursing homes and 
  6.4   home care agencies licensed under chapter 144A, and boarding 
  6.5   care homes licensed under sections 144.50 to 144.58; 
  6.6      (4) volunteers or student volunteers who have direct 
  6.7   contact with persons served by the program to provide program 
  6.8   services, if the contact is not directly supervised by the 
  6.9   individuals listed in clause (1) or (3); and 
  6.10     (5) any person who, as an individual or as a member of an 
  6.11  organization, exclusively offers, provides, or arranges for 
  6.12  personal care assistant services under the medical assistance 
  6.13  program as authorized under sections 256B.04, subdivision 16, 
  6.14  and 256B.0625, subdivision 19. 
  6.15     The juvenile courts shall also help with the study by 
  6.16  giving the commissioner existing juvenile court records on 
  6.17  individuals described in clause (2) relating to delinquency 
  6.18  proceedings held within either the five years immediately 
  6.19  preceding the application or the five years immediately 
  6.20  preceding the individual's 18th birthday, whichever time period 
  6.21  is longer.  The commissioner shall destroy juvenile records 
  6.22  obtained pursuant to this subdivision when the subject of the 
  6.23  records reaches age 23.  
  6.24     For purposes of this section and Minnesota Rules, part 
  6.25  9543.3070, a finding that a delinquency petition is proven in 
  6.26  juvenile court shall be considered a conviction in state 
  6.27  district court. 
  6.28     For purposes of this subdivision, "direct contact" means 
  6.29  providing face-to-face care, training, supervision, counseling, 
  6.30  consultation, or medication assistance to persons served by a 
  6.31  program.  For purposes of this subdivision, "directly supervised"
  6.32  means an individual listed in clause (1), (3), or (5) is within 
  6.33  sight or hearing of a volunteer to the extent that the 
  6.34  individual listed in clause (1), (3), or (5) is capable at all 
  6.35  times of intervening to protect the health and safety of the 
  6.36  persons served by the program who have direct contact with the 
  7.1   volunteer. 
  7.2      A study of an individual in clauses (1) to (5) shall be 
  7.3   conducted at least upon application for initial license and 
  7.4   reapplication for a license.  The commissioner is not required 
  7.5   to conduct a study of an individual at the time of reapplication 
  7.6   for a license, other than a family day care or foster care 
  7.7   license, if:  (i) a study of the individual was conducted either 
  7.8   at the time of initial licensure or when the individual became 
  7.9   affiliated with the license holder; (ii) the individual has been 
  7.10  continuously affiliated with the license holder since the last 
  7.11  study was conducted; and (iii) the procedure described in 
  7.12  paragraph ~~(b)~~ (d) has been implemented and was in effect 
  7.13  continuously since the last study was conducted.  For 
  7.14  individuals who are required to have background studies under 
  7.15  clauses (1) to (5) and who have been continuously affiliated 
  7.16  with a foster care provider that is licensed in more than one 
  7.17  county, criminal conviction data may be shared among those 
  7.18  counties in which the foster care programs are licensed.  A 
  7.19  county agency's receipt of criminal conviction data from another 
  7.20  county agency shall meet the criminal data background study 
  7.21  requirements of this section. 
  7.22     The commissioner may also conduct studies on individuals 
  7.23  specified in clauses (3) and (4) when the studies are initiated 
  7.24  by: 
  7.25     (i) personnel pool agencies; 
  7.26     (ii) temporary personnel agencies; 
  7.27     (iii) educational programs that train persons by providing 
  7.28  direct contact services in licensed programs; and 
  7.29     (iv) professional services agencies that are not licensed 
  7.30  and which contract with licensed programs to provide direct 
  7.31  contact services or individuals who provide direct contact 
  7.32  services.  Studies on individuals must be initiated annually by 
  7.33  these agencies, programs, and individuals.  Except for personal 
  7.34  care provider organizations, no applicant, license holder, or 
  7.35  individual who is the subject of the study shall pay any fees 
  7.36  required to conduct the study~~.~~; 
  8.1      (1) at the option of the licensed facility, rather than 
  8.2   initiating another background study on an individual required to 
  8.3   be studied who has indicated to the licensed facility that a 
  8.4   background study by the commissioner was previously completed, 
  8.5   the facility may make a request to the commissioner for 
  8.6   documentation of the individual's background study status, 
  8.7   provided that: 
  8.8      (i) the facility makes this request using a form provided 
  8.9   by the commissioner; 
  8.10     (ii) in making the request the facility informs the 
  8.11  commissioner that either: 
  8.12     (A) the individual has been continuously affiliated with a 
  8.13  licensed facility since the individual's previous background 
  8.14  study was completed, or since October 1, 1995, whichever is 
  8.15  shorter; or 
  8.16     (B) the individual is affiliated only with a personnel pool 
  8.17  agency, a temporary personnel agency, an educational program 
  8.18  that trains persons by providing direct contact services in 
  8.19  licensed programs, or a professional services agency that is not 
  8.20  licensed and which contracts with licensed programs to provide 
  8.21  direct contact services or individuals who provide direct 
  8.22  contact services; and 
  8.23     (iii) the facility provides notices to the individual as 
  8.24  required in paragraphs (a) to (d), and that the facility is 
  8.25  requesting written notification of the individual's background 
  8.26  study status from the commissioner; 
  8.27     (2) the commissioner shall respond to each request with a 
  8.28  written notice to the facility and the study subject.  If the 
  8.29  commissioner determines that a background study is necessary, 
  8.30  the study shall be completed without further request from a 
  8.31  licensed agency or notifications to the study subject; and 
  8.32     (3) when a background study is being initiated by a 
  8.33  licensed facility, a study subject affiliated with multiple 
  8.34  licensed facilities may attach to the background study form a 
  8.35  cover letter indicating the additional facilities' names, 
  8.36  addresses, and background study identification numbers.  When 
  9.1   the commissioner receives such notices, each facility identified 
  9.2   by the background study subject shall be notified of the study 
  9.3   results.  The background study notice sent to the subsequent 
  9.4   agencies shall satisfy those facilities' responsibilities for 
  9.5   initiating a background study on that individual. 
  9.6      ~~(b)~~ (d) If an individual who is affiliated with a program 
  9.7   or facility regulated by the department of human services or 
  9.8   department of health or who is affiliated with a nonlicensed 
  9.9   personal care provider organization, is convicted of a crime 
  9.10  constituting a disqualification under Minnesota Rules, parts 
  9.11  9543.3000 to 9543.3090, the probation officer or corrections 
  9.12  agent shall notify the commissioner of the conviction.  The 
  9.13  commissioner, in consultation with the commissioner of 
  9.14  corrections, shall develop forms and information necessary to 
  9.15  implement this paragraph and shall provide the forms and 
  9.16  information to the commissioner of corrections for distribution 
  9.17  to local probation officers and corrections agents.  The 
  9.18  commissioner shall inform individuals subject to a background 
  9.19  study that criminal convictions for disqualifying crimes will be 
  9.20  reported to the commissioner by the corrections system.  A 
  9.21  probation officer, corrections agent, or corrections agency is 
  9.22  not civilly or criminally liable for disclosing or failing to 
  9.23  disclose the information required by this paragraph.  Upon 
  9.24  receipt of disqualifying information, the commissioner shall 
  9.25  provide the notifications required in paragraph (c), as 
  9.26  appropriate to agencies on record as having initiated a 
  9.27  background study or making a request for documentation of the 
  9.28  background study status of the individual.  This paragraph does 
  9.29  not apply to family day care and foster care programs. 
  9.30     ~~(c)~~ (e) The individual who is the subject of the study must 
  9.31  provide the applicant or license holder with sufficient 
  9.32  information to ensure an accurate study including the 
  9.33  individual's first, middle, and last name; home address, city, 
  9.34  county, and state of residence for the past five years; zip 
  9.35  code; sex; date of birth; and driver's license number.  The 
  9.36  applicant or license holder shall provide this information about 
 10.1   an individual in paragraph ~~(a)~~ (c), clauses (1) to (5), on forms 
 10.2   prescribed by the commissioner.  The commissioner may request 
 10.3   additional information of the individual, which shall be 
 10.4   optional for the individual to provide, such as the individual's 
 10.5   social security number or race. 
 10.6      ~~(d)~~ (f) Except for child foster care, adult foster care, 
 10.7   and family day care homes, a study must include information from 
 10.8   the county agency's record of substantiated ~~abuse or neglect~~ 
 10.9   maltreatment of adults in licensed programs, and the 
 10.10  maltreatment of minors in licensed programs, information from 
 10.11  juvenile courts as required in paragraph ~~(a)~~ (c) for persons 
 10.12  listed in paragraph ~~(a)~~ (c), clause (2), and information from 
 10.13  the bureau of criminal apprehension.  For child foster care, 
 10.14  adult foster care, and family day care homes, the study must 
 10.15  include information ~~from the county agency's record of~~ 
 10.16  ~~substantiated abuse or neglect of adults~~ related to names of 
 10.17  substantiated perpetrators of maltreatment of vulnerable adults 
 10.18  that has been received by the commissioner as required under 
 10.19  section 626.557, subdivision 9c, paragraph (i), and 
 10.20  the commissioner's records relating to the maltreatment of 
 10.21  minors, information from juvenile courts as required in 
 10.22  paragraph ~~(a)~~ (c) for persons listed in paragraph ~~(a)~~ (c), 
 10.23  clause (2), and information from the bureau of criminal 
 10.24  apprehension.  The commissioner may also review arrest and 
 10.25  investigative information from the bureau of criminal 
 10.26  apprehension, the commissioner of health, a county attorney, 
 10.27  county sheriff, county agency, local chief of police, other 
 10.28  states, the courts, or ~~a national criminal record repository~~ the 
 10.29  Federal Bureau of Investigation if the commissioner has 
 10.30  reasonable cause to believe the information is pertinent to the 
 10.31  disqualification of an individual listed in paragraph ~~(a)~~ (c), 
 10.32  clauses (1) to (5).  The commissioner is not required to conduct 
 10.33  more than one review of a subject's records from the ~~national~~ 
 10.34  ~~criminal record repository~~ Federal Bureau of Investigation if a 
 10.35  review of the subject's criminal history with the ~~national~~ 
 10.36  ~~criminal record repository~~ Federal Bureau of Investigation has 
 11.1   already been completed by the commissioner and there has been no 
 11.2   break in the subject's affiliation with the license holder who 
 11.3   initiated the background studies. 
 11.4      When the commissioner has reasonable cause to believe that 
 11.5   further pertinent information may exist on the subject, the 
 11.6   subject shall provide a set of classifiable fingerprints 
 11.7   obtained from an authorized law enforcement agency.  For 
 11.8   purposes of requiring fingerprints, the commissioner shall be 
 11.9   considered to have reasonable cause under, but not limited to, 
 11.10  the following circumstances:  (1) information from the bureau of 
 11.11  criminal apprehension indicates that the subject is a multistate 
 11.12  offender; (2) information from the bureau of criminal 
 11.13  apprehension indicates that multistate offender status is 
 11.14  undetermined; or (3) the commissioner has received a report from 
 11.15  the subject or a third party indicating that the subject has a 
 11.16  criminal history in a jurisdiction other than Minnesota. 
 11.17     ~~(e)~~ (g) An applicant's or license holder's failure or 
 11.18  refusal to cooperate with the commissioner is reasonable cause 
 11.19  to deny an application or immediately suspend, suspend, or 
 11.20  revoke a license.  Failure or refusal of an individual to 
 11.21  cooperate with the study is just cause for denying or 
 11.22  terminating employment of the individual if the individual's 
 11.23  failure or refusal to cooperate could cause the applicant's 
 11.24  application to be denied or the license holder's license to be 
 11.25  immediately suspended, suspended, or revoked. 
 11.26     ~~(f)~~ (h) The commissioner shall not consider an application 
 11.27  to be complete until all of the information required to be 
 11.28  provided under this subdivision has been received.  
 11.29     ~~(g)~~ (i) No person in paragraph ~~(a)~~ (c), clause (1), (2), 
 11.30  (3), (4), or (5) who is disqualified as a result of this section 
 11.31  may be retained by the agency in a position involving direct 
 11.32  contact with persons served by the program. 
 11.33     ~~(h)~~ (j) Termination of persons in paragraph ~~(a)~~ (c), clause 
 11.34  (1), (2), (3), (4), or (5), made in good faith reliance on a 
 11.35  notice of disqualification provided by the commissioner shall 
 11.36  not subject the applicant or license holder to civil liability. 
 12.1      ~~(i)~~ (k) The commissioner may establish records to fulfill 
 12.2   the requirements of this section. 
 12.3      ~~(j)~~ (l) The commissioner may not disqualify an individual 
 12.4   subject to a study under this section because that person has, 
 12.5   or has had, a mental illness as defined in section 245.462, 
 12.6   subdivision 20. 
 12.7      ~~(k)~~ (m) An individual who is subject to an applicant 
 12.8   background study under this section and whose disqualification 
 12.9   in connection with a license would be subject to the limitations 
 12.10  on reconsideration set forth in subdivision 3b, paragraph (c), 
 12.11  shall be disqualified for conviction of the crimes specified in 
 12.12  the manner specified in subdivision 3b, paragraph (c).  The 
 12.13  commissioner of human services shall amend Minnesota Rules, part 
 12.14  9543.3070, to conform to this section. 
 12.15     ~~(l) An individual must be disqualified if it has been~~ 
 12.16  ~~determined that the individual failed to make required reports~~ 
 12.17  ~~under section 626.556, subdivision 3, or 626.557, subdivision 3,~~ 
 12.18  ~~for incidents in which:  (1) the final disposition under section~~ 
 12.19  ~~626.556 or 626.557 was substantiated maltreatment, and (2) the~~ 
 12.20  ~~maltreatment was recurring or serious as defined in Minnesota~~ 
 12.21  ~~Rules, part 9543.3020, subpart 10.~~  
 12.22     ~~(m)~~ (n) An individual subject to disqualification under 
 12.23  this subdivision has the applicable rights in subdivision 3a, 
 12.24  3b, or 3c. 
 12.25     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
 12.26  299C.67, subdivision 5, is amended to read: 
 12.27     Subd. 5.  [OWNER.] "Owner" has the meaning given in section 
 12.28  566.18, subdivision 3.  However, "owner" does not include a 
 12.29  person who owns, operates, or is in control of a health care 
 12.30  facility or a home health agency licensed by the commissioner of 
 12.31  health or human services under chapter 144, 144A, ~~or~~ 144B, 245A, 
 12.32  or a board and lodging establishment with special services 
 12.33  registered under section 157.17.  
 12.34     Sec. 7.  Minnesota Statutes 1995 Supplement, section 
 12.35  299C.68, subdivision 2, is amended to read: 
 12.36     Subd. 2.  [PROCEDURES.] The superintendent shall develop 
 13.1   procedures to enable an owner to request a background check to 
 13.2   determine whether a manager is the subject of a reported 
 13.3   conviction for a background check crime.  The superintendent 
 13.4   shall perform the background check by retrieving and reviewing 
 13.5   data on background check crimes maintained in the CJIS 
 13.6   computers.  The superintendent shall notify the owner in writing 
 13.7   of the results of the background check.  If the manager has 
 13.8   resided in Minnesota for less than five years or upon request of 
 13.9   the owner, the superintendent shall also either:  (1) conduct a 
 13.10  search of the national criminal records repository, including 
 13.11  the criminal justice data communications network; or (2) conduct 
 13.12  a search of the criminal justice data communications network 
 13.13  records in the state or states where the manager has resided for 
 13.14  the preceding five years.  The superintendent is authorized to 
 13.15  exchange fingerprints with the Federal Bureau of Investigation 
 13.16  for purposes of the criminal history check.  The superintendent 
 13.17  shall recover the cost of a background check through a fee 
 13.18  charged to the owner. 
 13.19     Sec. 8.  Minnesota Statutes 1995 Supplement, section 
 13.20  299C.68, subdivision 5, is amended to read: 
 13.21     Subd. 5.  [RESPONSE OF BUREAU.] The superintendent shall 
 13.22  respond in writing to a background check request within a 
 13.23  reasonable time not to exceed ten working days after receiving 
 13.24  the signed form under subdivision 3.  If a search is being done 
 13.25  of the national criminal records repository and that portion of 
 13.26  the background check is not completed, the superintendent shall 
 13.27  notify the owner that the background check is not complete and 
 13.28  shall provide that portion of the background check to the owner 
 13.29  as soon as it is available.  The superintendent's response must 
 13.30  clearly indicate whether the manager has ever been convicted of 
 13.31  a background check crime and, if so, a description of the crime, 
 13.32  date and jurisdiction of conviction, and date of discharge of 
 13.33  the sentence. 
 13.34     Sec. 9.  Minnesota Statutes 1995 Supplement, section 
 13.35  299C.68, subdivision 6, is amended to read: 
 13.36     Subd. 6.  [EQUIVALENT BACKGROUND CHECK.] (a) An owner may 
 14.1   satisfy the requirements of this section:  (1) by obtaining a 
 14.2   copy of a completed background check that was required to be 
 14.3   performed by the department of human services as provided for 
 14.4   under sections 144.057 and 245A.04, and then placing the copy on 
 14.5   file with the owner; (2) in the case of a background check 
 14.6   performed on a manager for one residential setting when multiple 
 14.7   residential settings are operated by one owner, by placing the 
 14.8   results in a central location; or (3) by obtaining a background 
 14.9   check from a private business or a local law enforcement agency 
 14.10  rather than the superintendent if the scope of the background 
 14.11  check provided by the private business or local law enforcement 
 14.12  agency is at least as broad as that of a background check 
 14.13  performed by the superintendent and the response to the 
 14.14  background check request occurs within a reasonable time not to 
 14.15  exceed ten working days after receiving the signed form 
 14.16  described in subdivision 3.  Local law enforcement agencies may 
 14.17  access the criminal justice data network to perform the 
 14.18  background check. 
 14.19     (b) A private business or local law enforcement agency 
 14.20  providing a background check under this section must use a 
 14.21  notification form similar to the form described in subdivision 
 14.22  3, except that the notification form must indicate that the 
 14.23  background check will be performed by the private business or 
 14.24  local law enforcement agency using records of the superintendent 
 14.25  and other data sources. 
 14.26     Sec. 10.  Minnesota Statutes 1995 Supplement, section 
 14.27  609.2325, subdivision 3, is amended to read: 
 14.28     Subd. 3.  [PENALTIES.] (a) A person who violates 
 14.29  subdivision 1, paragraph (a), ~~clause (1),~~ may be sentenced as 
 14.30  follows:  
 14.31     (1) if the act results in the death of a vulnerable adult, 
 14.32  imprisonment for not more than 15 years or payment of a fine of 
 14.33  not more than $30,000, or both; 
 14.34     (2) if the act results in great bodily harm, imprisonment 
 14.35  for not more than ten years or payment of a fine of not more 
 14.36  than $20,000, or both; 
 15.1      (3) if the act results in substantial bodily harm or the 
 15.2   risk of death, imprisonment for not more than five years or 
 15.3   payment of a fine of not more than $10,000, or both; or 
 15.4      (4) in other cases, imprisonment for not more than one year 
 15.5   or payment of a fine of not more than $3,000, or both. 
 15.6      (b) A person who violates subdivision 1, ~~paragraph (a),~~ 
 15.7   ~~clause (2), or~~ paragraph (b), may be sentenced to imprisonment 
 15.8   for not more than one year or to payment of a fine of not more 
 15.9   than $3,000, or both.  
 15.10     Sec. 11.  Laws 1995, chapter 229, article 3, section 17, is 
 15.11  amended to read: 
 15.12     Sec. 17.  [REPORT.] 
 15.13     By January 15, 1997, the commissioner of human services 
 15.14  shall report to the legislature on the implementation of the 
 15.15  process for reporting convictions under Minnesota Statutes, 
 15.16  section 245A.04, subdivision 3, paragraph ~~(b)~~ (d).  The report 
 15.17  must include an analysis of any reduction in the cost of 
 15.18  performing background studies resulting from implementing the 
 15.19  process and any recommendations for modification of the fee 
 15.20  increases in article 4, section 21, based on a reduction in 
 15.21  costs. 
 15.22     As part of this report, the commissioner shall make 
 15.23  recommendations for using any cost savings to begin conducting 
 15.24  comparable background studies of individuals who reside outside 
 15.25  Minnesota but are employed or perform direct contact services in 
 15.26  a nursing home, home care agency, or boarding care home located 
 15.27  in Minnesota.  
 15.28     Sec. 12.  [UNCODIFIED LANGUAGE CHANGES AND RULE CHANGES.] 
 15.29     The commissioner shall amend Minnesota Rules, part 
 15.30  9543.3070, subpart 1, to include the following offenses to 
 15.31  disqualify a person applying for a license for a program serving 
 15.32  children or adults: 
 15.33     (a) An individual must be disqualified if it has been 
 15.34  determined that the individual failed to make required reports 
 15.35  under Minnesota Statutes, section 626.556, subdivision 3, or 
 15.36  626.557, subdivision 3, for incidents in which:  (1) the final 
 16.1   disposition under Minnesota Statutes, section 626.556 or 
 16.2   626.557, was substantiated maltreatment, and (2) the 
 16.3   maltreatment was recurring or serious as defined in Minnesota 
 16.4   Rules, part 9543.3020, subpart 10.  
 16.5      (b) An individual must be disqualified if the individual 
 16.6   has been convicted for any of the following reasons:  (1) 
 16.7   criminal abuse of a vulnerable adult under Minnesota Statutes, 
 16.8   section 609.2325; (2) criminal neglect of a vulnerable adult 
 16.9   under Minnesota Statutes, section 609.233; (3) financial 
 16.10  exploitation of a vulnerable adult under Minnesota Statutes, 
 16.11  section 609.2335; (4) failure to report under Minnesota 
 16.12  Statutes, section 609.234; or (5) stalking under Minnesota 
 16.13  Statutes, section 609.749. 
 16.14     (c) Both the commissioner's authority to make the rule 
 16.15  changes and the substantive language in paragraphs (a) and (b) 
 16.16  are effective the day following final enactment.  The rule 
 16.17  changes described in paragraphs (a) and (b) are not subject to 
 16.18  the rulemaking provisions of Minnesota Statutes, chapter 14, but 
 16.19  the commissioner must comply with Minnesota Statutes, section 
 16.20  14.38, subdivision 7, in adopting the amendment. 
 16.21     Sec. 13.  [STANDARDIZING OF CRIMINAL DISQUALIFICATION 
 16.22  PLAN.] 
 16.23     The commissioner of health, in consultation with the 
 16.24  commissioner of human services and the attorney general, shall 
 16.25  convene an advisory workgroup to develop a plan for presentation 
 16.26  to the 1997 legislature on recommendations and draft legislation 
 16.27  to standardize, as appropriate, the criminal disqualification 
 16.28  classifications for application to those required to comply with 
 16.29  the applicant background study requirements under Minnesota 
 16.30  Statutes, chapter 245A, Minnesota Statutes, sections 299C.67 and 
 16.31  299C.71, Minnesota Rules, part 4668.0020, and Minnesota 
 16.32  Statutes, sections 256B.04, subdivision 16, and 256B.0625, 
 16.33  subdivision 19a, and make recommendations for legislation to 
 16.34  replace current disqualification crimes under all systems. 
 16.35     The plan shall provide for a review of the appropriateness 
 16.36  of standardizing disqualification classifications relative to 
 17.1   type of care setting, the nature of the crime, and time from the 
 17.2   date of discharge for the crime for which an individual can be 
 17.3   disqualified. 
 17.4      The advisory workgroup shall include representatives of 
 17.5   health care providers, both organizational providers and 
 17.6   professional providers, unions, state agencies, the attorney 
 17.7   general's office, and consumer groups. 
 17.8      The plan, including recommendations and draft legislation, 
 17.9   must be reported to the chairs of the senate crime prevention 
 17.10  committee and the house of representatives judiciary committee 
 17.11  by January 15, 1997. 
 17.12     Sec. 14.  [EFFECTIVE DATE.] 
 17.13     (a) Background studies for personal care provider 
 17.14  organizations described in section 5 are effective January 1, 
 17.15  1997. 
 17.16     (b) Sections 2, 3, 6, 9, 10, and 12 are effective the day 
 17.17  following final enactment.