1997 Minnesota Statutes

     256E.05 Duties of commissioner of human services. 

    Subdivision 1.    General supervision.  The commissioner 
 of human services shall supervise the community social services 
 administered by the counties through standard-setting, technical 
 assistance to the counties, approval of county plans, 
 preparation of the state biennial plan, evaluation of community 
 social services programs and distribution of public money for 
 services.  The commissioner shall establish minimum 
 administrative and service standards for the provision of 
 community social services by county boards of commissioners, by 
 the promulgation of a permanent administrative rule under 
 chapter 14.  

    Subd. 1a.    Review of administrative requirements.  The 
 commissioner may review social services administrative rule 
 requirements and adopt amendments under chapter 14 to reduce 
 administrative costs and complexity by eliminating unnecessary 
 or excessive paperwork, simplifying or consolidating program 
 requirements, or emphasizing outcomes rather than procedures.  
 In determining the reasonableness of the requirements, the 
 commissioner shall consider the needs the service was developed 
 to address and the adequacy of the state and local funding 
 available to provide the service. 

    Subd. 2.    Plan approval.  Within 60 days after 
 submission of the community social services plan by the counties 
 pursuant to section 256E.09, subdivision 1, the commissioner 
 shall certify whether the plan fulfills the purposes and 
 requirements of section 256E.09, state and federal law and the 
 rules of the state agency.  On certifying that the plan does not 
 do so, the commissioner shall state the reasons therefore, and 
 the county shall have 30 days to submit a plan amended to comply 
 with the requirements of the commissioner.  If the county fails 
 to resubmit a plan amended as required by the commissioner, the 
 commissioner shall notify the county of the intention to reduce 
 the next quarterly payment by an amount equal to one-third of 
 one percent of the county's annual entitlement for each 30 day 
 period during which the county fails to amend the plan as 
 required by the commissioner.  The county board has the right to 
 appeal the commissioner's decision pursuant to section 256E.06, 
 subdivision 10. 

    Subd. 3.    Additional duties.  The commissioner shall 
 also: 

    (a) Provide necessary forms and instructions to the 
 counties for plan format and information; 

    (b) To the extent possible, coordinate other categorical 
 social services grant applications and plans required of 
 counties so that the applications and plans are included in and 
 are consistent with the timetable and other requirements for the 
 community social services plan in subdivision 2 and section 
 256E.09; 

    (c) Provide to the chair of each county board, in addition 
 to notice required pursuant to sections 14.05 to 14.28, timely 
 advance notice and a written summary of the fiscal impact of any 
 proposed new rule or changes in existing rule which will have 
 the effect of increasing county costs for community social 
 services; 

    (d) Provide training, technical assistance, and other 
 support services to county boards to assist in needs assessment, 
 planning, implementing, and monitoring social services programs 
 in the counties; 

    (e) Design and implement a method of monitoring and 
 evaluating social services, including site visits that utilize 
 quality control audits to assure county compliance with 
 applicable standards, guidelines, and the county and state 
 social services plans; 

    (f) Design and implement a system that uses corrective 
 action procedures as established in subdivision 5 and a schedule 
 of fines to ensure county compliance with statutes, rules, 
 federal laws, and federal regulations governing community social 
 services.  In determining the amount of the fine, the 
 commissioner may consider the number of community social 
 services clients or applicants affected by the county's failure 
 to comply with the law or rule, the severity of the 
 noncompliance, the duration of the noncompliance, the resources 
 allocated for the provision of the service in the community 
 social services plan approved under section 256E.09, and the 
 amount the county is levying for social services and income 
 maintenance programs as reported under section 275.62, 
 subdivision 1, clause (2).  Fines levied against a county under 
 this subdivision must not exceed ten percent of the county's 
 community social services allocation for the year in which the 
 fines are levied; 

    (g) Design and implement an incentive program for the 
 benefit of counties that perform at a level that consistently 
 meets or exceeds the minimum standards in law and rule.  Fines 
 collected under paragraph (e) may be placed in an incentive fund 
 and used for the benefit of counties that meet and exceed the 
 minimum standards; 

    (h) Specify requirements for reports, including fiscal 
 reports, according to section 256.01, subdivision 2, paragraph 
 (17), to account for aids distributed under section 256E.06, 
 funds from Title XX of the Social Security Act distributed under 
 Minnesota Statutes, section 256E.07, claims under Title IV-E of 
 the Social Security Act, mental health funding, and other social 
 services expenditures and activities; and 

    (i) Request waivers from federal programs as necessary to 
 implement sections 256E.01 to 256E.12. 

    Subd. 3a.    Demonstration project.  (a) The 
 commissioner may establish demonstration projects to test 
 alternatives to existing state requirements.  

    (b) At least one demonstration project may be developed to 
 demonstrate alternative methods of social services planning.  
 For the purposes of this demonstration project, the commissioner:

    (1) shall allow participating counties to combine all 
 social services plans into one comprehensive plan unless a 
 separate plan is necessary to comply with federal regulations or 
 maintain federal financial participation; 

    (2) may waive social service program maintenance of effort 
 requirements not required to comply with federal regulations or 
 maintain federal financial participation, at the request of a 
 county or counties participating in the planning process; 

    (3) may exempt counties participating in the planning 
 demonstration from fiscal sanctions for noncompliance with 
 social services requirements in state statute, provided the 
 county proposal includes a schedule of fines for noncompliance 
 approved by the commissioner; 

    (4) may establish a county match requirement for social 
 services.  If the county has spent or obligated all of its state 
 and federal social services funds and the required matching 
 funds, the county must be considered to be making reasonable 
 efforts to comply with all state social services requirements as 
 required in section 256E.081, subdivision 2, and is not required 
 to provide social services beyond the services included in the 
 county's amended community social services plan; and 

    (5) shall require participating counties to describe the 
 system to be used to evaluate performance under the combined 
 county plan.  

    (c) At least one demonstration project may be developed to 
 test alternative methods of delivering services to persons with 
 developmental disabilities or persons with mental illness.  

    (d) Up to six demonstration projects may be established to 
 test alternatives to existing requirements that maintain or 
 enhance services but reduce administrative burdens, eliminate 
 unnecessary or excessive paperwork, simplify or consolidate 
 requirements, or otherwise reduce administrative costs and 
 complexity of social services programs.  

    (e) The commissioner shall consult with county staff, 
 service providers, and service recipients or their advocates in 
 the selection of the proposals for the demonstration projects.  

    (f) In selecting the demonstration projects, the 
 commissioner may give preference to proposals submitted by two 
 or more counties.  

    (g) During the duration of the demonstration projects, the 
 commissioner may waive administrative rule requirements in the 
 demonstration counties if the proposal demonstrates that the 
 needs the requirements were developed to address can be met 
 using an alternative approach.  The commissioner shall not waive 
 rule requirements which affect an individual's eligibility for 
 services or right to due process.  

    (h) If the county fails to meet the conditions in the 
 demonstration project proposal as approved by the commissioner, 
 the commissioner may rescind the waiver of the rule requirements.

    (i) The demonstration projects must be completed by July 1, 
 1995.  

    (j) The legislative auditor shall evaluate the results of 
 the demonstration projects.  

    (k) If the results of the demonstration projects indicate 
 that the needs the administrative rule requirements were 
 developed to address can be met by means that are less costly 
 and less prescriptive, and that give counties greater 
 flexibility when providing social services, the commissioner may 
 amend or repeal the appropriate social services rule requirement 
 under chapter 14.  If the requirement is specified in statute, 
 the commissioner shall recommend legislative changes in the 
 biennial state plan under section 256E.04, subdivision 1. 

    Subd. 4.    Reduction of federal fiscal sanctions.  The 
 commissioner shall establish and maintain a monitoring program 
 designed to reduce the possibility of noncompliance with federal 
 laws and federal regulations that may result in federal fiscal 
 sanctions.  If a county is not complying with federal law or 
 federal regulation and the noncompliance may result in federal 
 fiscal sanctions, the commissioner may withhold a portion of the 
 county's share of state and federal funds for that program.  The 
 amount withheld must be equal to the percentage difference 
 between the level of compliance maintained by the county and the 
 level of compliance required by the federal regulations, 
 multiplied by the county's share of state and federal funds for 
 the program.  The state and federal funds may be withheld until 
 the county is found to be in compliance with all federal laws or 
 federal regulations applicable to the program.  If a county 
 remains out of compliance for more than six consecutive months, 
 the commissioner may reallocate the funds withheld to counties 
 that are in compliance with the federal regulations. 

    Subd. 5.    Corrective action procedure.  The 
 commissioner must comply with the following procedures when 
 imposing fines under subdivision 3, paragraph (e), or reducing 
 county funds under subdivision 4. 

    (a) The commissioner shall notify the county, by certified 
 mail, of the statute, rule, federal law, or federal regulation 
 with which the county has not complied. 

    (b) The commissioner shall give the county 30 days to 
 demonstrate to the commissioner that the county is in compliance 
 with the statute, rule, federal law, or federal regulation cited 
 in the notice or to develop a corrective action plan to address 
 the problem.  Upon request from the county, the commissioner 
 shall provide technical assistance to the county in developing a 
 corrective action plan.  The county shall have 30 days from the 
 date the technical assistance is provided to develop the 
 corrective action plan. 

    (c) The commissioner shall take no further action if the 
 county demonstrates compliance. 

    (d) The commissioner shall review and approve or disapprove 
 the corrective action plan within 30 days after the commissioner 
 receives the corrective action plan. 

    (e) If the commissioner approves the corrective action plan 
 submitted by the county, the county has 90 days after the date 
 of approval to implement the corrective action plan. 

    (f) If the county fails to demonstrate compliance or fails 
 to implement the corrective action plan approved by the 
 commissioner, the commissioner may fine the county according to 
 subdivision 3, paragraph (e), or may reduce the county's share 
 of state or federal funds according to subdivision 4. 

    (g) The commissioner may not impose a fine or reduce funds 
 under this subdivision if the county demonstrates that: 

    (1) the county is unable to comply with a social services 
 administrative rule due to fiscal limitations and the county has 
 met the requirements in section 256E.081; or 

    (2) the commissioner failed to provide appropriate forms, 
 guidelines, and technical assistance to enable the county to 
 comply with the requirements. 

    (h) The county may appeal the fine or the reduction in 
 funds under section 256E.06, subdivision 10. 

    Subd. 6.    County obligation to fund community social 
 services.  Counties subject to a fine or reduction of funds 
 under subdivision 5, paragraph (f), shall not reduce the level 
 of funding of community social services to cover the cost of the 
 fine or reduction of funds. 

    HIST: 1979 c 324 s 5; 1981 c 355 s 5,6; 1982 c 424 s 130; 1982 
 c 607 s 16; 1984 c 526 s 1; 1984 c 654 art 5 s 58; 1986 c 413 s 
 1; 1986 c 444; 1989 c 89 s 14-17; 1989 c 282 art 2 s 127; 1991 c 
 94 s 13-17; 1992 c 511 art 5 s 6; 1995 c 233 art 2 s 56