Saint Paul, Minnesota, Wednesday, May 17, 1995
The House of Representatives convened at 9:30 a.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Father John P. Wilmot, St. Pius X Church,
Rochester, Minnesota.
The roll was called and the following members were present:
Sykora and Tompkins were excused.
Swenson, D., was excused until 10:15 a.m. Osthoff was excused
until 10:20 a.m. Orfield was excused until 10:50 a.m. Anderson,
R., was excused until 12:00 noon. Hasskamp was excused until
3:30 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Bradley moved that further reading of the Journal be
suspended and that the Journal be approved as corrected by the
Chief Clerk. The motion prevailed.
Abrams Finseth Knoblach Ness Skoglund
Anderson, B. Frerichs Koppendrayer Olson, E. Smith
Bakk Garcia Kraus Olson, M. Solberg
Bertram Girard Krinkie Onnen Stanek
Bettermann Goodno Larsen Opatz Sviggum
Bishop Greenfield Leighton Orenstein Swenson, H.
Boudreau Greiling Leppik Osskopp Tomassoni
Bradley Haas Lieder Ostrom Trimble
Broecker Hackbarth Lindner Otremba Tuma
Brown Harder Long Ozment Tunheim
Carlson Hausman Lourey Paulsen Van Dellen
Carruthers Holsten Luther Pawlenty Van Engen
Clark Hugoson Lynch Pellow Vickerman
Commers Huntley Macklin Pelowski Wagenius
Cooper Jaros Mahon Perlt Warkentin
Daggett Jefferson Mares Peterson Weaver
Dauner Jennings Mariani Pugh Wejcman
Davids Johnson, A. Marko Rest Wenzel
Dawkins Johnson, R. McCollum Rhodes Winter
Dehler Johnson, V. McElroy Rice Wolf
Delmont Kahn McGuire Rostberg Worke
Dempsey Kalis Milbert Rukavina Workman
Dorn Kelley Molnau Sarna Sp.Anderson,I
Entenza Kelso Mulder Schumacher
Erhardt Kinkel Munger Seagren
Farrell Knight Murphy Simoneau
A quorum was present.
The following House Files were introduced:
Skoglund introduced:
H. F. No. 1920, A bill for an act relating to legislative enactments; correcting miscellaneous noncontroversial oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 1994, section 323.02, subdivision 9, as amended.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Greiling, Schumacher, Mariani and Swenson, H., introduced:
H. F. No. 1921, A bill for an act relating to education; requiring that teachers of the visually impaired demonstrate competence in reading and writing Braille; requiring rules; proposing coding for new law in Minnesota Statutes, chapter 125.
The bill was read for the first time and referred to the Committee on Education.
Marko, Pelowski, Rhodes, McCollum and Frerichs introduced:
H. F. No. 1922, A bill for an act relating to highways; authorizing cities to establish a municipal involvement process for certain trunk highway construction or reconstruction projects; providing for appointment of task forces for those projects and prescribing their powers; amending Minnesota Statutes 1994, sections 161.172; 161.173; 161.174; and 161.177.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Pugh, Perlt, Girard, Bettermann and Wolf introduced:
H. F. No. 1923, A bill for an act relating to employment; the professional employer organization act; providing for the establishment and regulation of professional employer organizations; providing penalties; amending Minnesota Statutes 1994, sections 13.99, by adding a subdivision; 116J.70, subdivision 2a; and 268.04, subdivision 10; proposing coding for new law as Minnesota Statutes, chapter 181C.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Pugh introduced:
H. F. No. 1924, A bill for an act relating to insurance; regulating insurance fraud; creating an insurance fraud unit in the department of commerce; prescribing its powers and duties; prescribing penalties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 60A.
The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.
Kalis, Simoneau and Frerichs introduced:
H. F. No. 1925, A bill for an act relating to traffic regulations; authorizing the commissioner of public safety to issue junior driver's license; amending Minnesota Statutes 1994, section 171.04, subdivision 1, and by adding subdivisions.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
The following House Advisories were introduced:
Ness, Cooper, Vickerman, Huntley and Anderson, I., introduced:
H. A. No. 15, A proposal to study access to University of Minnesota health care facilities.
The advisory was referred to the Committee on Health and Human Services.
Winter, Van Dellen, Goodno, Kelley and Rest introduced:
H. A. No. 16, A proposal to study homestead property tax disparities.
The advisory was referred to the Committee on Taxes.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 1055, A bill for an act relating to waters; eliminating the position of board of water and soil resources secretary; increasing board members' compensation; duties of advisory committees; rule approval procedure; guidelines for management plans; exemptions from review; appeals from rules, permit decisions, and orders; informal dispute resolution; assessment basis; amending Minnesota Statutes 1994, sections 103D.011, subdivision 21; 103D.101, subdivision 4; 103D.205, subdivisions 1 and 4; 103D.221, subdivision 2; 103D.255, subdivision 1; 103D.261, subdivision 1; 103D.271, subdivisions 2 and 4; 103D.305, subdivision 1; 103D.311, subdivision 4; 103D.315, subdivisions 1, 8, and 11; 103D.321, subdivision 2; 103D.331; 103D.335, subdivisions 5, 6, and 13; 103D.341, subdivision 2; 103D.351; 103D.401, subdivisions 1 and 2; 103D.405, subdivision 1; 103D.515, subdivision 4; 103D.531; 103D.535, subdivisions 1, 4, and 5; 103D.537; 103D.611, subdivisions 1, 4, and 5; 103D.621, subdivision 4; 103D.625, subdivisions 3 and 4; 103D.631, subdivision 2; 103D.635, subdivisions 1 and 3; 103D.705, subdivision 1; 103D.711, subdivision 2; 103D.715, subdivision 3; 103D.721, subdivision 2; 103D.741, subdivision 1; 103D.745, subdivisions 2 and 3; 103D.811, subdivisions 1 and 3; 103D.901, subdivisions 2, 4, and 5; 103D.905, subdivisions 3 and 5; 103D.921, subdivisions 1 and 3; and 103D.925; proposing coding for new law in Minnesota Statutes, chapter 103D.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 1132, A bill for an act relating to alcoholic beverages; providing restrictions on brewers who have retail on-sale licenses; imposing licensing and permitting requirements; requiring a license for charging for possession of alcoholic beverages; requiring a permit to allow consumption and display of all alcoholic beverages; authorizing additional licenses in Minneapolis; authorizing Clay and St. Louis counties to issue on-sale licenses; requiring a study of application of primary source law; defining home brewing equipment; listing items that may be sold in exclusive liquor stores; repealing requirement for permit for transportation of alcoholic beverages; amending Minnesota Statutes 1994, sections 340A.101, subdivision 10, and by adding a subdivision; 340A.301, subdivisions 6 and 7; 340A.401; 340A.404, subdivision 2; 340A.408, subdivision 2; 340A.412, by adding a subdivision; and 340A.414, subdivision 1; repealing Minnesota Statutes 1994, sections 340A.301, subdivision 10; and 340A.32.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 787, A bill for an act relating to water; wetland protection and management; amending Minnesota Statutes 1994, sections 103F.612, subdivisions 2, 3, 5, 6, and 7; 103G.127; 103G.222; 103G.2241; 103G.2242, subdivisions 1, 6, 7, 9, and 12; 103G.237, subdivision 4; 103G.2372, subdivision 1; and 103G.2373; repealing Minnesota Statutes 1994, section 103G.2242, subdivision 13.
The Senate has appointed as such committee:
Messrs. Stumpf, Dille, Bertram, Stevens and Finn.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 1478, A bill for an act relating to state government; requiring notice to the commissioner of agriculture and certain other actions before an agency adopts or repeals rules that affect farming operations; amending Minnesota Statutes 1994, sections 14.11, by adding a subdivision; 14.14, by adding a subdivision; and 116.07, subdivision 4.
The Senate has appointed as such committee:
Messrs. Sams, Hottinger, Metzen, Dille and Betzold.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1246, A bill for an act relating to state government; abolishing periodic reports; repealing obsolete rules of the departments of agriculture, commerce, health, human services, public safety, public service, and revenue and the pollution control agency; removing internal references to repealed rules; providing a deadline for certain actions by state and local government agencies; clarifying statutory waiver requirements with respect to the housing finance agency for the civil service pilot project; requiring legislative review of certain agency reorganization efforts; establishing the office of citizen advocate in the department of administration; modifying provisions relating to data classification; workers' compensation premium collection; employment classifications and procedures; and benefits; providing penalties; establishing a task force to recommend a governmental structure for environmental and natural resource functions and services; requiring establishment of an employee participation committee before agency restructuring; abolishing the department of natural resources, the board of water and soil resources, the office of environmental assistance, the pollution control agency, the environmental quality board, the harmful substances compensation board, the petroleum tank release compensation board, and the agricultural chemical response board; providing for appointments; abolishing the transportation regulation board; transferring its functions to other agencies; establishing pilot projects to improve the efficiency and effectiveness of state agencies; authorizing waivers of certain rules and policies; abolishing the legislative commission on children, youth, and their families, the legislative water commission, the legislative commission on the economic status of women, the legislative commission on child protection, the legislative commission on health care access, the legislative commission on long-term health care, the
legislative commission on waste management, and the legislative tax study commission; transferring functions of the legislative commission on Minnesota resources to the office of strategic and long-range planning; establishing the department of children, families, and learning; making related changes; amending Minnesota Statutes 1994, sections 4.071, subdivision 2; 13.67; 15A.081, subdivision 1; 43A.04, subdivision 1; 43A.08, subdivision 1; 43A.10, subdivision 8; 43A.13, subdivision 6; 43A.15, by adding a subdivision; 43A.19, subdivision 1; 43A.191, subdivisions 1, 2, and 3; 43A.24, subdivision 2; 43A.27, subdivision 3; 43A.316; 43A.317, subdivision 5; 62J.04, subdivision 1a; 62J.45, subdivision 8; 62Q.33, subdivision 5; 84.0274, subdivision 7; 85.019, subdivision 2; 86.72, subdivisions 2 and 3; 89.022, subdivision 2; 103A.43; 103B.321, subdivision 1; 115A.07, subdivision 3; 115A.15, subdivision 5; 115A.158, subdivision 2; 115A.165; 115A.193; 115A.22, subdivision 5; 115A.5501, subdivisions 2 and 4; 115A.551, subdivisions 4 and 5; 115A.557, subdivision 4; 115A.9157, subdivision 6; 115A.96, subdivision 2; 115A.961, subdivision 2; 115A.9651, subdivision 2; 115A.97, subdivisions 5 and 6; 115B.20, subdivisions 2, 5, and 6; 116C.712, subdivision 5; 116J.555, subdivision 2; 116P.02; 116P.03; 116P.05, subdivision 2, and by adding a subdivision; 116P.06; 116P.07; 116P.08, subdivisions 3, 4, 5, 6, and 7; 116P.09; 116P.10; 116P.11; 116P.12; 116Q.02; 174.02, subdivisions 4, 5, and by adding subdivisions; 174.06, by adding a subdivision; 174.10; 218.041, subdivision 6; 219.074, subdivisions 1 and 2; 256.9352, subdivision 3; 256B.0644; 256B.431, subdivision 2i; 256F.13, subdivision 1; 290.431; 290.432; 356.87; and 473.846; Minnesota Rules, parts 1540.2140; 7001.0140, subpart 2; 7001.0180; 8130.3500, subpart 3; and 8130.6500, subpart 5; proposing coding for new law in Minnesota Statutes, chapters 15; 16B; 174; and 465; proposing coding for new law as Minnesota Statutes, chapter 119A; repealing Minnesota Statutes 1994, sections 3.861; 3.873; 3.885; 3.887; 3.9222; 3.9227; 14.115, subdivision 8; 62J.04, subdivision 4; 62J.07; 62N.24; 103B.351; 115A.03, subdivision 16; 115A.08; 115A.14; 115A.29; 115A.38; 115A.411; 115A.913, subdivision 5; 115A.9157, subdivision 4; 115A.965, subdivision 7; 115A.981, subdivision 3; 115B.22, subdivision 8; 115B.43, subdivision 4; 116P.05, subdivision 1; 174.05; 174.06; 174A.01; 174A.02; 174A.03; 174A.04; 216C.051; 218.011, subdivision 7; 218.041, subdivision 7; 256B.504; 473.149, subdivisions 2c and 6; 473.845, subdivision 4; and 473.848, subdivision 4; Minnesota Rules, parts 1540.0010, subparts 12, 18, 21, 22, and 24; 1540.0060; 1540.0070; 1540.0080; 1540.0100; 1540.0110; 1540.0120; 1540.0130; 1540.0140; 1540.0150; 1540.0160; 1540.0170; 1540.0180; 1540.0190; 1540.0200; 1540.0210; 1540.0220; 1540.0230; 1540.0240; 1540.0260; 1540.0320; 1540.0330; 1540.0340; 1540.0350; 1540.0370; 1540.0380; 1540.0390; 1540.0400; 1540.0410; 1540.0420; 1540.0440; 1540.0450; 1540.0460; 1540.0490; 1540.0500; 1540.0510; 1540.0520; 1540.0770; 1540.0780; 1540.0800; 1540.0810; 1540.0830; 1540.0880; 1540.0890; 1540.0900; 1540.0910; 1540.0920; 1540.0930; 1540.0940; 1540.0950; 1540.0960; 1540.0970; 1540.0980; 1540.0990; 1540.1000; 1540.1005; 1540.1010; 1540.1020; 1540.1030; 1540.1040; 1540.1050; 1540.1060; 1540.1070; 1540.1080; 1540.1090; 1540.1100; 1540.1110; 1540.1120; 1540.1130; 1540.1140; 1540.1150; 1540.1160; 1540.1170; 1540.1180; 1540.1190; 1540.1200; 1540.1210; 1540.1220; 1540.1230; 1540.1240; 1540.1250; 1540.1255; 1540.1260; 1540.1280; 1540.1290; 1540.1300; 1540.1310; 1540.1320; 1540.1330; 1540.1340; 1540.1350; 1540.1360; 1540.1380; 1540.1400; 1540.1410; 1540.1420; 1540.1430; 1540.1440; 1540.1450; 1540.1460; 1540.1470; 1540.1490; 1540.1500; 1540.1510; 1540.1520; 1540.1530; 1540.1540; 1540.1550; 1540.1560; 1549.1570; 1540.1580; 1540.1590; 1540.1600; 1540.1610; 1540.1620; 1540.1630; 1540.1640; 1540.1650; 1540.1660; 1540.1670; 1540.1680; 1540.1690; 1540.1700; 1540.1710; 1540.1720; 1540.1730; 1540.1740; 1540.1750; 1540.1760; 1540.1770; 1540.1780; 1540.1790; 1540.1800; 1540.1810; 1540.1820; 1540.1830; 1540.1840; 1540.1850; 1540.1860; 1540.1870; 1540.1880; 1540.1890; 1540.1900; 1540.1905; 1540.1910; 1540.1920; 1540.1930; 1540.1940; 1540.1950; 1540.1960; 1540.1970; 1540.1980; 1540.1990; 1540.2000; 1540.2010; 1540.2015; 1540.2020; 1540.2090; 1540.2100; 1540.2110; 1540.2120; 1540.2180; 1540.2190; 1540.2200; 1540.2210; 1540.2220; 1540.2230; 1540.2240; 1540.2250; 1540.2260; 1540.2270; 1540.2280; 1540.2290; 1540.2300; 1540.2310; 1540.2320; 1540.2325; 1540.2330; 1540.2340; 1540.2350; 1540.2360; 1540.2370; 1540.2380; 1540.2390; 1540.2400; 1540.2410; 1540.2420; 1540.2430; 1540.2440; 1540.2450; 1540.2490; 1540.2500; 1540.2510; 1540.2530; 1540.2540; 1540.2550; 1540.2560; 1540.2570; 1540.2580; 1540.2590; 1540.2610; 1540.2630; 1540.2640; 1540.2650; 1540.2660; 1540.2720; 1540.2730; 1540.2740; 1540.2760; 1540.2770; 1540.2780; 1540.2790; 1540.2800; 1540.2810; 1540.2820; 1540.2830; 1540.2840; 1540.3420; 1540.3430; 1540.3440; 1540.3450; 1540.3460; 1540.3470; 1540.3560; 1540.3600; 1540.3610; 1540.3620; 1540.3630; 1540.3700; 1540.3780; 1540.3960; 1540.3970; 1540.3980; 1540.3990; 1540.4000; 1540.4010; 1540.4020; 1540.4030; 1540.4040; 1540.4080; 1540.4190; 1540.4200; 1540.4210; 1540.4220; 1540.4320; 1540.4330; 1540.4340; 2642.0120, subpart 1; 2650.0100; 2650.0200; 2650.0300; 2650.0400; 2650.0500; 2650.0600; 2650.1100; 2650.1200; 2650.1300; 2650.1400; 2650.1500; 2650.1600; 2650.1700; 2650.1800; 2650.1900; 2650.2000; 2650.2100; 2650.3100; 2650.3200; 2650.3300; 2650.3400; 2650.3500; 2650.3600; 2650.3700; 2650.3800; 2650.3900; 2650.4000; 2650.4100; 2655.1000; 2660.0070; 2770.7400; 4610.2210; 7002.0410; 7002.0420; 7002.0430; 7002.0440; 7002.0450; 7002.0460; 7002.0470; 7002.0480; 7002.0490; 7047.0010; 7047.0020; 7047.0030; 7047.0040; 7047.0050; 7047.0060; 7047.0070; 7100.0300; 7100.0310; 7100.0320; 7100.0330; 7100.0335; 7100.0340; 7100.0350; 7510.6100; 7510.6200; 7510.6300; 7510.6350; 7510.6400; 7510.6500; 7510.6600; 7510.6700; 7510.6800; 7510.6900; 7510.6910; 7600.0100; 7600.0200; 7600.0300; 7600.0400; 7600.0500; 7600.0600; 7600.0700; 7600.0800; 7600.0900; 7600.1000; 7600.1100; 7600.1200; 7600.1300; 7600.1400; 7600.1500; 7600.1600; 7600.1700; 7600.1800; 7600.1900; 7600.2000; 7600.2100; 7600.2200; 7600.2300; 7600.2400; 7600.2500; 7600.2600; 7600.2700; 7600.2800; 7600.2900; 7600.3000; 7600.3100; 7600.3200; 7600.3300; 7600.3400; 7600.3500; 7600.3600; 7600.3700; 7600.3800; 7600.3900; 7600.4000; 7600.4100; 7600.4200; 7600.4300; 7600.4400; 7600.4500; 7600.4600; 7600.4700; 7600.4800; 7600.4900; 7600.5000; 7600.5100; 7600.5200; 7600.5300; 7600.5400; 7600.5500; 7600.5600; 7600.5700; 7600.5800; 7600.5900; 7600.6000; 7600.6100; 7600.6200; 7600.6300; 7600.6400; 7600.6500; 7600.6600; 7600.6700; 7600.6800; 7600.6900; 7600.7000; 7600.7100; 7600.7200; 7600.7210; 7600.7300; 7600.7400; 7600.7500; 7600.7600; 7600.7700; 7600.7750; 7600.7800; 7600.7900; 7600.8100; 7600.8200; 7600.8300; 7600.8400; 7600.8500; 7600.8600; 7600.8700; 7600.8800; 7600.8900; 7600.9000; 7600.9100; 7600.9200;
7600.9300; 7600.9400; 7600.9500; 7600.9600; 7600.9700; 7600.9800; 7600.9900; 7625.0100; 7625.0110; 7625.0120; 7625.0200; 7625.0210; 7625.0220; 7625.0230; 8120.1100, subpart 3; 8121.0500, subpart 2; 8130.9912; 8130.9913; 8130.9916; 8130.9920; 8130.9930; 8130.9956; 8130.9958; 8130.9968; 8130.9972; 8130.9980; 8130.9992; 8850.6900; 9540.0100; 9540.0200; 9540.0300; 9540.0400; 9540.0500; 9540.1000; 9540.1100; 9540.1200; 9540.1300; 9540.1400; 9540.1500; 9540.2000; 9540.2100; 9540.2200; 9540.2300; 9540.2400; 9540.2500; 9540.2600; and 9540.2700.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Riveness and Metzen; Mses. Ranum and Runbeck, and Mr. Janezich.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Orenstein moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1246. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 979, A bill for an act relating to motor carriers; regulating hazardous material transporters; requiring fingerprints of motor carrier managers for criminal background checks; making technical changes related to calculating proportional mileage under the international registration plan; specifying violations that may result in suspension or revocation of permit; making technical changes relating to hazardous waste transporter licenses; providing for disposition of fees collected for hazardous material registration, licensing, and permitting; amending Minnesota Statutes 1994, section 221.0355, subdivisions 3, 5, 6, 12, 15, and by adding a subdivision.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Ms. Johnston; Mr. Vickerman and Ms. Anderson.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Wagenius moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 979. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 538, A bill for an act relating to state agencies; requiring the refund of license fees to certain applicants if licenses are not issued within six weeks; proposing coding for new law in Minnesota Statutes, chapter 15.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Murphy, Riveness and Ms. Johnston.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Carruthers moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 538. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 512, A bill for an act relating to human services; licensing; administrative hearings; vulnerable adults reporting act; imposing criminal penalties; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 4; 13.82, subdivision 10, and by adding subdivisions; 13.88; 13.99, subdivision 113; 144.4172, subdivision 8; 144.651, subdivisions 14 and 21; 144A.103, subdivision 1; 144A.612; 144B.13; 148B.68, subdivision 1; 214.10, subdivision 2a; 245A.04, subdivisions 3 and 3b; 253B.02, subdivision 4a; 256.045, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and by adding a subdivision; 256E.03, subdivision 2; 256E.081, subdivision 4; 268.09, subdivision 1; 325F.692, subdivision 2; 525.703, subdivision 3; 609.224, subdivision 2; 609.268, subdivisions 1 and 2; 609.72, by adding a subdivision; 609.7495, subdivision 1; 626.556, subdivision 12; 626.557, subdivisions 1, 3, 3a, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, and by adding subdivisions; and 631.40, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 144; 609; and 626; repealing Minnesota Statutes 1994, section 626.557, subdivisions 2, 10a, 11, 11a, 12, 13, 15, and 19.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Spear, Betzold and Ms. Kiscaden.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Skoglund moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 512. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 579, A bill for an act relating to commerce; regulating charitable organizations; regulating filing statement; appropriating money; amending Minnesota Statutes 1994, sections 309.501, subdivision 1; 309.52, subdivisions 2 and 7; 309.53, subdivisions 1, 2, 3, and 8; 309.531, subdivisions 1 and 4; 309.54, subdivision 1; 309.556, subdivision 1; 501B.36; 501B.37, subdivision 2, and by adding a subdivision; and 501B.38; repealing Minnesota Statutes 1994, sections 309.53, subdivision 1a.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Chandler, Hottinger and Belanger.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Entenza moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 579. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1393, A bill for an act relating to public finance; providing conditions and requirements for the issuance of debt and use of the proceeds; authorizing use of capital improvement bonds for indoor ice arenas; exempting issuance of certain debt from election requirements; authorizing home rule charter cities to issue tax anticipation certificates; authorizing operation of certain recreational facilities; providing for the computation of tax increment from certain hazardous substance subdistricts; authorizing continuing disclosure agreements; providing for funding of self-insurance by political subdivisions; providing for the issuance of temporary obligations and modifying issuance procedures; amending Minnesota Statutes 1994, sections 373.40, subdivision 1; 447.46; 462C.05, subdivision 1; 469.041; 469.174, subdivision 4, and by adding subdivisions; 469.175, subdivision 1; 469.177, subdivisions 1, 1a, and 2; 471.16, subdivision 1; 471.191, subdivisions 1 and 2; 471.98, subdivision 3; 471.981, subdivisions 2, 4a, 4b, and 4c; 475.51, subdivision 4; 475.52, subdivision 6; 475.58, subdivision 1, and by adding a subdivision; 475.60, by adding a subdivision; 475.61, by adding a subdivision; 475.63; and 475.79; Laws 1971, chapter 773, section 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 373; and 410.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Pogemiller, Metzen and Day.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Carruthers moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1393. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 528, A bill for an act relating to telecommunications; restricting eligibility for communication device for communication-impaired person in a residential care facility when the facility already provides or is required to provide comparable telephone service; amending Minnesota Statutes 1994, section 237.53, subdivision 2.
Patrick E. Flahaven, Secretary of the Senate
Mariani moved that the House concur in the Senate amendments to H. F. No. 528 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 528, A bill for an act relating to telecommunications; imposing TACIP fee on cellular telephone users; requiring that a person must be able to use a communication device to be eligible to get it; restricting eligibility for communication device for communication-impaired person in a residential care facility when the facility already provides or is required to provide comparable telephone service; amending Minnesota Statutes 1994, sections 237.52, subdivision 3; and 237.53, subdivision 2.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Olson, E. Smith Anderson, B. Finseth Koppendrayer Olson, M. Solberg Bakk Frerichs Kraus Onnen Stanek Bertram Garcia Krinkie Opatz Sviggum Bettermann Girard Larsen Orenstein Swenson, H. Bishop Goodno Leighton Osskopp Tomassoni Boudreau Greiling Leppik Ostrom Trimble Bradley Haas Lieder Otremba Tuma Broecker Hackbarth Lindner Ozment Tunheim Brown Harder Long Paulsen Van Dellen Carlson Hausman Lourey Pawlenty Van Engen Carruthers Holsten Luther Pellow Vickerman Clark Hugoson Macklin Pelowski Wagenius Commers Huntley Mahon Perlt Warkentin Cooper Jaros Mares Peterson Weaver Daggett Jefferson Mariani Pugh Wejcman Dauner Jennings Marko Rhodes Wenzel Davids Johnson, A. McElroy Rice Winter Dawkins Johnson, R. McGuire Rostberg Wolf Dehler Kahn Milbert Rukavina Worke Delmont Kalis Molnau Sarna Workman Dempsey Kelley Mulder Schumacher Sp.Anderson,I Dorn Kelso Munger Seagren Entenza Kinkel Murphy Simoneau Erhardt Knight Ness SkoglundThe bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 1134.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
A bill for an act relating to financial institutions; regulating notices, electronic financial terminals, mergers with subsidiaries, the powers and duties of the commissioner of commerce, reporting and records requirements, lending powers, the powers and duties of institutions, detached facilities, and interstate banking; making technical changes; regulating mortgage prepayments; allowing written waivers of the right to prepay without penalty under certain circumstances; clarifying definition of franchise; permitting a delinquency and collection charge; amending Minnesota Statutes 1994, sections 46.04, subdivision 1, and by adding a subdivision; 46.041, subdivision 4; 46.046, subdivision 1; 46.048, subdivision 1, and by adding subdivisions; 47.10, subdivision 3; 47.11; 47.20, subdivisions 5 and 10; 47.28, subdivision 1; 47.52; 47.56; 47.58, subdivision 2; 47.61, subdivision 3; 47.62, subdivisions 2, 3, and by adding subdivisions; 47.67; 47.69, subdivisions 3 and 5; 47.78; 48.16; 48.194; 48.24, subdivision 5; 48.475, subdivision 3; 48.48, subdivisions 1 and 2; 48.49; 48.61, subdivision 7, and by adding a subdivision; 48.65; 48.90, subdivision 1; 48.91; 48.92, subdivisions 1, 2, 6, 7, 8, 9, and by adding a subdivision; 48.93, subdivisions 1, 3, and 4; 48.96; 48.99, subdivision 1; 49.01, subdivision 3; 51A.02, subdivisions 6, 26, and 40; 51A.19, subdivision 9; 51A.50; 51A.58; 52.04, subdivision 2a; 52.05, subdivision 2; 53.015, subdivision 4; 53.04, subdivisions 3a, 3c, 4a, and 5a; 53.09, subdivisions 1, 2, and by adding a subdivision; 56.11; 56.12; 56.125, subdivisions 1, 2, and 3; 56.131, subdivisions 1, 2, 4, and 6; 56.132; 56.14; 56.155, subdivision 1; 56.17; 59A.06, subdivision 2; 61A.09, subdivision 3; 62B.04, subdivision 1; 62B.08, subdivision 2; 80C.01, subdivision 4; 300.20, subdivision 1; 327B.04, subdivision 1; 327B.09, subdivision 1; 332.23, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapters 45; 47; 48; 51A; 52; and 334; repealing Minnesota Statutes 1994, sections 46.03; 47.80; 47.81; 47.82; 47.83; 47.84; 47.85; 48.1585; 48.512, subdivision 6; 48.611; 48.95; 48.97; 48.98; 48.991; and 51A.385.
May 12, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 1134, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate concur in the House amendments and that S. F. No. 1134 be further amended as follows:
Page 24, line 27 of the Jennings amendment, adopted by the House on May 1, 1995, after the period, insert "If the borrower is married, an assignment, order, security agreement, or other lien is not valid without the spouse's written consent, if the spouse's consent would be necessary under applicable law to make the property offered as security available to satisfy the debt in the event of default."
Pages 48 to 50 of the Jennings amendment, delete sections 29 and 30
Page 52, lines 7 and 8 of the Jennings amendment, delete "31 to 35" and insert "29 to 33"
Page 52, line 12 of the Jennings amendment, delete everything after the period
Page 52 of the Jennings amendment, delete line 13
Page 89 of the Jennings amendment, delete section 22
Page 90, line 16 of the Jennings amendment, delete "section 51A.385, is" and insert "sections 51A.385; and 325F.91, subdivision 2, are"
Amend the title of the Jennings amendment as follows:
Page 1, line 3, delete the semicolon and insert a comma
Page 1, line 7, before "interstate" insert "and" and delete the third comma
Page 1, line 8, delete "and pawnbrokers"
Page 1, line 33, delete everything after the first semicolon
Page 1, line 34, delete everything before "327B.04,"
Page 1, line 37, delete "325G;"
Page 1, line 40, delete "and" and before the period, insert "; and 325F.91, subdivision 2"
Page 1, line 14 of the Jennings, Davids et al amendment, adopted by the House on May 1, 1995, delete "customer" and insert "customer"
Page 3, line 33 of the Jennings, Davids et al amendment, delete "by" and insert "by"
Page 6, line 2 of the Jennings, Davids et al amendment, delete "association" and insert "association"
Page 7, line 7 of the Jennings, Davids et al amendment, before the first "section" insert "Minnesota Statutes,"
Renumber the sections in sequence and correct internal references
Amend the title accordingly
We request adoption of this report and repassage of the bill.
Senate Conferees: Sam G. Solon, Deanna Wiener and William V. Belanger, Jr.
House Conferees: Loren Jennings, Jeff Bertram and Ron Abrams.
Jennings moved that the report of the Conference Committee on S. F. No. 1134 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 1134, A bill for an act relating to financial institutions; regulating notices, electronic financial terminals, mergers with subsidiaries, the powers and duties of the commissioner of commerce, reporting and records requirements, lending powers, the powers and duties of institutions, detached facilities, and interstate banking; making technical changes; regulating mortgage prepayments; allowing written waivers of the right to prepay without penalty under certain circumstances; clarifying definition of franchise; permitting a delinquency and collection charge; amending Minnesota Statutes 1994, sections 46.04, subdivision 1, and by adding a subdivision; 46.041, subdivision 4; 46.046, subdivision 1; 46.048, subdivision 1, and by adding subdivisions; 47.10, subdivision 3; 47.11; 47.20, subdivisions 5 and 10; 47.28, subdivision 1; 47.52; 47.56; 47.58, subdivision 2; 47.61, subdivision 3; 47.62, subdivisions 2, 3, and by adding subdivisions; 47.67; 47.69, subdivisions 3 and 5; 47.78; 48.16; 48.194; 48.24, subdivision 5; 48.475, subdivision 3; 48.48, subdivisions 1 and 2; 48.49; 48.61, subdivision 7, and by adding a subdivision; 48.65; 48.90, subdivision 1; 48.91; 48.92, subdivisions 1, 2, 6, 7, 8, 9, and by adding a subdivision; 48.93, subdivisions 1, 3, and 4; 48.96; 48.99, subdivision 1; 49.01, subdivision 3; 51A.02, subdivisions 6, 26, and 40; 51A.19, subdivision 9; 51A.50; 51A.58; 52.04, subdivision 2a; 52.05, subdivision 2; 53.015, subdivision 4; 53.04, subdivisions 3a, 3c, 4a, and 5a; 53.09, subdivisions 1, 2, and by adding a subdivision; 56.11; 56.12; 56.125, subdivisions 1, 2, and 3; 56.131, subdivisions 1, 2, 4, and 6; 56.132; 56.14; 56.155, subdivision 1; 56.17; 59A.06, subdivision 2; 61A.09, subdivision 3; 62B.04, subdivision 1; 62B.08, subdivision 2; 80C.01, subdivision 4; 300.20, subdivision 1; 327B.04, subdivision 1; 327B.09, subdivision 1; 332.23, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapters 45; 47; 48; 51A; 52; and 334; repealing Minnesota Statutes 1994, sections 46.03; 47.80; 47.81; 47.82; 47.83; 47.84; 47.85; 48.1585; 48.512, subdivision 6; 48.611; 48.95; 48.97; 48.98; 48.991; and 51A.385.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 123 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Koppendrayer Olson, E. Skoglund Anderson, B. Finseth Kraus Olson, M. Smith Bakk Frerichs Krinkie Onnen Solberg Bertram Garcia Larsen Opatz Stanek Bettermann Girard Leighton Orenstein Sviggum Bishop Goodno Leppik Osskopp Swenson, H. Boudreau Greiling Lieder Ostrom Tomassoni Bradley Haas Lindner Otremba Trimble Broecker Hackbarth Long Ozment Tuma Brown Harder Lourey Paulsen Tunheim Carlson Hausman Luther Pawlenty Van Dellen Carruthers Holsten Macklin Pellow Van Engen Clark Hugoson Mahon Pelowski Vickerman Commers Jaros Mares Perlt Wagenius Cooper Jefferson Mariani Peterson Warkentin Daggett Jennings Marko Pugh Weaver Dauner Johnson, A. McCollum Rest Wejcman Davids Johnson, R. McElroy Rhodes Wenzel Dawkins Kahn McGuire Rice Winter Dehler Kalis Milbert Rostberg Wolf Delmont Kelley Molnau Rukavina Worke Dempsey Kelso Mulder Sarna Workman Dorn Kinkel Munger Schumacher Sp.Anderson,I Entenza Knight Murphy Seagren Erhardt Knoblach Ness SimoneauThe bill was repassed, as amended by Conference, and its title agreed to.
The following Conference Committee Report was received:
A bill for an act relating to the environment; automobile emissions; providing that a vehicle need not be inspected until the year of its registration is five years more than its model year; changing the inspection fee; providing a contingent expiration date for the inspection program; amending Minnesota Statutes 1994, sections 116.61, subdivision 1, and by adding a subdivision; 116.64, subdivision 1.
May 16, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 2, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 116.61, subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) Beginning no later than
July 1, 1991 Except as described in subdivision 1a,
each motor vehicle registered to an owner residing in the
metropolitan area and each motor vehicle customarily domiciled in
the metropolitan area but exempt from registration under section
168.012 or 473.448 must be inspected annually for air pollution
emissions as provided in sections 116.60 to 116.65.
(b) The inspections must take place at a public or fleet inspection station. The inspections must take place within 90 days prior to the registration deadline for the vehicle or, for vehicles that are exempt from license fees under section 168.012 or 473.448, at a time set by the agency.
(c) The registration on a motor vehicle subject to paragraph (a) may not be renewed unless the vehicle has been inspected for air pollution emissions as provided in sections 116.60 to 116.65 and received a certificate of compliance or a certificate of waiver.
Sec. 2. Minnesota Statutes 1994, section 116.61, is amended by adding a subdivision to read:
Subd. 1a. [EXCEPTION FOR NEW VEHICLES.] A vehicle need not be inspected until the year in which it is being registered is five years more than its model year.
Sec. 3. Minnesota Statutes 1994, section 116.62, is amended by adding a subdivision to read:
Subd. 5a. [TEMPORARY REGISTRATION.] The commissioner, in consultation with the commissioner of public safety, shall adopt a procedure for granting temporary registrations to persons whose vehicle registrations have expired or will shortly expire. Upon request of the vehicle owner, the commissioner shall issue a letter of temporary registration, valid for one day, that allows the owner to drive to an inspection station to have the vehicle inspected.
Sec. 4. Minnesota Statutes 1994, section 116.62, is amended by adding a subdivision to read:
Subd. 9. [ADVERTISING BY CONTRACTOR.] Any advertisement or promotional material relating to the motor vehicle inspection program that is paid for by the contractor selected under subdivision 3 must clearly display a disclaimer stating that the advertisement or promotional material was not paid for by the state.
Sec. 5. Minnesota Statutes 1994, section 116.64, subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] Beginning January 1, 1991
August 1, 1995, an annual fee established in accordance
with the rules of the agency, not to exceed $10 $8,
is imposed for the cost of the inspection of a motor vehicle at a
public inspection station and such reinspections as the rules of
the agency allow, the cost of the contract entered under section
116.62, subdivision 3, and the administrative costs of the agency
and the department.
Sec. 6. [REPORT ON NEED FOR VEHICLE EMISSION INSPECTION PROGRAM.]
(a) The commissioner of the pollution control agency, in consultation with the United States Environmental Protection Agency, shall take all reasonable steps to enable the state, by July 1, 1998, to comply with the federal Clean Air Act without having to continue the motor vehicle emission inspection program.
(b) By December 15, 1997, the commissioner shall submit to the chairs of the environment and natural resources committees of the legislature a report that includes:
(1) a description of the commissioner's efforts under paragraph (a) and the results of those efforts;
(2) an analysis of the state's attainment status under the federal Clean Air Act as it relates to the need for a motor vehicle emission inspection program; and
(3) recommendations regarding continuation of the motor vehicle emission inspection program after July 1, 1998.
Sec. 7. [APPLICATION.]
Sections 1 and 2 apply to vehicles whose registrations expire on or after July 31, 1995.
Sec. 8. [EFFECTIVE DATE.]
Section 4 is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to the environment; automobile emissions; providing that a vehicle need not be inspected until the year of its registration is five years more than its model year; changing the inspection fee; providing for advertising restrictions and temporary registrations; requiring a report; amending Minnesota Statutes 1994, sections 116.61, subdivision 1, and by adding a subdivision; 116.62, by adding subdivisions; and 116.64, subdivision 1."
We request adoption of this report and repassage of the bill.
House Conferees: Alice M. Johnson, Doug Peterson and Carol Molnau.
Senate Conferees: James P. Metzen, LeRoy A. Stumpf and Pat Pariseau.
Johnson, A., moved that the report of the Conference Committee on H. F. No. 2 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2, A bill for an act relating to the environment; automobile emissions; providing that a vehicle need not be inspected until the year of its registration is five years more than its model year; changing the inspection fee; providing a contingent expiration date for the inspection program; amending Minnesota Statutes 1994, sections 116.61, subdivision 1, and by adding a subdivision; 116.64, subdivision 1.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 123 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Koppendrayer Olson, M. Smith Anderson, B. Finseth Kraus Onnen Solberg Bakk Frerichs Larsen Opatz Stanek Bertram Garcia Leighton Orenstein Sviggum Bettermann Girard Leppik Osskopp Swenson, D. Bishop Goodno Lieder Ostrom Swenson, H. Boudreau Greiling Lindner Otremba Tomassoni Bradley Haas Long Ozment Trimble Broecker Hackbarth Lourey Paulsen Tuma Brown Harder Luther Pawlenty Tunheim Carlson Holsten Lynch Pellow Van Dellen Carruthers Hugoson Macklin Pelowski Van Engen Clark Huntley Mahon Perlt Vickerman Commers Jaros Mares Peterson Wagenius Cooper Jefferson Mariani Pugh Warkentin Daggett Jennings Marko Rest Weaver Dauner Johnson, A. McCollum Rhodes Wejcman Davids Johnson, R. McElroy Rice Wenzel Dawkins Johnson, V. McGuire Rostberg Winter Dehler Kahn Milbert Rukavina Wolf Delmont Kalis Molnau Sarna Worke Dempsey Kelley Mulder Schumacher Workman Dorn Kelso Murphy Seagren Sp.Anderson,I Entenza Kinkel Ness Simoneau Erhardt Knoblach Olson, E. SkoglundThose who voted in the negative were:
Hausman Knight Krinkie MungerThe bill was repassed, as amended by Conference, and its title agreed to.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1246:
Orenstein, Pelowski, Delmont, Carruthers and Ness.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1393:
Rest, Milbert and Abrams.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1551:
Winter, Trimble and Ozment.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. Nos. 1910 and 1837.
H. F. No. 1910 was reported to the House.
Osskopp offered an amendment to H. F. No. 1910.
Olson, E., raised a point of order pursuant to rule 3.09 that the Osskopp amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
H. F. No. 1910, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 7 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Opatz Stanek Bakk Frerichs Koppendrayer Orenstein Sviggum Bertram Garcia Kraus Osthoff Swenson, D. Bettermann Girard Larsen Ostrom Swenson, H. Bishop Goodno Leighton Otremba Tomassoni Boudreau Greenfield Leppik Ozment Trimble Bradley Greiling Lieder Paulsen Tuma Broecker Haas Long Pawlenty Tunheim Brown Hackbarth Lourey Pellow Van Dellen Carlson Harder Luther Pelowski Van Engen Carruthers Hausman Lynch Perlt Vickerman Clark Holsten Macklin Peterson Wagenius Commers Hugoson Mahon Pugh Warkentin Cooper Huntley Mares Rest Weaver Daggett Jaros Mariani Rhodes Wejcman Dauner Jefferson Marko Rice Wenzel Davids Jennings McCollum Rostberg Winter Dawkins Johnson, A. McGuire Rukavina Wolf Dehler Johnson, R. Milbert Sarna Worke Delmont Johnson, V. Molnau Schumacher Workman Dempsey Kahn Mulder Seagren Sp.Anderson,I Dorn Kalis Munger Simoneau Entenza Kelley Murphy Skoglund Erhardt Kelso Ness Smith Farrell Kinkel Olson, E. SolbergThose who voted in the negative were:
Anderson, B. Krinkie McElroy Onnen Knight Lindner Olson, M.The bill was passed and its title agreed to.
H. F. No. 1837 was reported to the House.
Solberg moved to amend H. F. No. 1837 as follows:
Page 1, line 13, delete "(10,799,000)" and insert "(10,699,000)"
Page 1, delete lines 14 to 27 and insert:
"Subd. 2. Legislative Coordinating Commission (500,000)
This reduction is taken from appropriations made in Laws 1993, chapter 192, Laws 1994, chapter 632, or other law, and shall be allocated by the legislative coordinating commission among the senate, the house of representatives, and the legislative commissions."
Renumber succeeding subdivisions
The motion prevailed and the amendment was adopted.
H. F. No. 1837, A bill for an act relating to the organization and operation of state government; reducing 1995 appropriations.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Ness Simoneau Anderson, B. Frerichs Koppendrayer Olson, E. Skoglund Bakk Garcia Kraus Olson, M. Smith Bertram Girard Krinkie Onnen Solberg Bettermann Goodno Larsen Opatz Stanek Bishop Greenfield Leighton Orenstein Sviggum Boudreau Greiling Leppik Osskopp Swenson, D. Bradley Haas Lieder Osthoff Swenson, H. Broecker Hackbarth Lindner Ostrom Tomassoni Brown Harder Long Otremba Trimble Carlson Hausman Lourey Ozment Tuma Carruthers Holsten Luther Paulsen Tunheim Clark Hugoson Lynch Pawlenty Van Dellen Commers Huntley Macklin Pellow Van Engen Cooper Jaros Mahon Pelowski Vickerman Daggett Jefferson Mares Perlt Wagenius Dauner Jennings Mariani Peterson Warkentin Davids Johnson, A. Marko Pugh Weaver Dawkins Johnson, R. McCollum Rest Wejcman Dehler Johnson, V. McElroy Rhodes Wenzel Delmont Kahn McGuire Rice Winter Dempsey Kalis Milbert Rostberg Wolf Dorn Kelley Molnau Rukavina Worke Entenza Kelso Mulder Sarna Workman Erhardt Kinkel Munger Schumacher Sp.Anderson,I Farrell Knight Murphy SeagrenThe bill was passed, as amended, and its title agreed to.
S. F. No. 258 was reported to the House.
Kelley moved to amend S. F. No. 258 as follows:
Page 34, line 31, restore the stricken language and delete the new language
Page 34, line 32, delete "147A,"
Page 34, line 35, after the semicolon, insert "(4) a physician assistant registered under chapter 147A;" and strike "(4)" and insert "(5)"
Page 35, line 10, delete "or"
Page 35, line 11, delete the new language
Page 35, line 12, delete "147A" and insert "or registered by the board of medical practice under chapter 147A"
The motion prevailed and the amendment was adopted.
Kelley moved to amend S. F. No. 258, as amended, as follows:
Page 9, delete lines 16 to 21, and insert "Physician assistants may perform those duties and responsibilities as delegated in the physician-physician assistant agreement and delegation forms maintained at the address of record by the supervising physician and physician assistant, including the prescribing, administering, and dispensing of medical devices and drugs, excluding anesthetics, other than local anesthetics, injected in connection with an operating room procedure, inhaled anesthesia and spinal anesthesia."
The motion prevailed and the amendment was adopted.
S. F. No. 258, A bill for an act relating to occupations and professions; board of medical practice; providing for the registration of physician assistants by the board of medical practice; providing for rulemaking; providing penalties; amending Minnesota Statutes 1994, sections 116J.70, subdivision 2a; 136A.1356, subdivision 1; 144.335, subdivision 1; 148B.60, subdivision 3; 151.01, subdivision 23; 151.37, subdivision 2a; 214.23, subdivision 1; and 604A.01, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 147A; repealing Minnesota Statutes 1994, sections 147.34; 147.35; and 147.36; Minnesota Rules, parts 5600.2600; 5600.2605; 5600.2610; 5600.2615; 5600.2620; 5600.2625; 5600.2630; 5600.2635; 5600.2640; 5600.2645; 5600.2650; 5600.2655; 5600.2660; 5600.2665; and 5600.2670.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Onnen Solberg Anderson, B. Frerichs Kraus Opatz Stanek Bakk Garcia Larsen Orenstein Sviggum Bertram Girard Leighton Orfield Swenson, D. Bettermann Goodno Leppik Osskopp Swenson, H. Bishop Greenfield Lieder Osthoff Tomassoni Boudreau Greiling Lindner Ostrom Trimble Bradley Haas Long Otremba Tuma Broecker Hackbarth Lourey Ozment Tunheim Brown Harder Luther Paulsen Van Dellen Carlson Hausman Lynch Pawlenty Van Engen Carruthers Holsten Macklin Pellow Vickerman Clark Hugoson Mahon Pelowski Wagenius Commers Huntley Mares Perlt Warkentin Cooper Jaros Mariani Peterson Weaver Daggett Jefferson Marko Pugh Wejcman Dauner Jennings McElroy Rest Wenzel Davids Johnson, A. McGuire Rhodes Winter Dawkins Johnson, R. Milbert Rice Wolf Dehler Johnson, V. Molnau Rostberg Worke Delmont Kahn Mulder Rukavina Workman Dempsey Kalis Munger Sarna Sp.Anderson,I Dorn Kelley Murphy Schumacher Entenza Kelso Ness Seagren Erhardt Kinkel Olson, E. Simoneau Farrell Knoblach Olson, M. SkoglundThose who voted in the negative were:
Knight Krinkie McCollumThe bill was passed, as amended, and its title agreed to.
S. F. No. 1088 was reported to the House.
Pugh moved to amend S. F. No. 1088 as follows:
Delete everything after the enacting clause and insert:
Section 1. Minnesota Statutes 1994, section 243.23, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] Notwithstanding sections 241.26,
subdivision 5, and 243.24, subdivision 1, the commissioner may
promulgate rules for the disbursement of shall make
deductions from funds earned under subdivision 1, or other
funds in an inmate account, and section 243.88, subdivision 2.
The commissioner shall first make deductions for the
following expenses in the following order of priority:
(1) federal and state taxes;
(2) repayment of advances;
(3) gate money as provided in section 243.24; and,
where applicable, mandatory savings as provided by United States
Code, title 18, section 1761, as amended. The commissioner's
rules may then provide for disbursements to be made in the
following order of priority:
(1) for the
(4) support of families and dependent relatives of the respective inmates;
(2) for the (5) payment of court-ordered
restitution;
(3) for (6) payment of fees and costs in a civil
action commenced by an inmate;
(7) payment of fines, surcharges, or other fees assessed or ordered by a court;
(4) for (8) contribution to any programs
established by law to aid victims of crime provided that the
contribution shall not be more than 20 percent of an inmate's
gross wages;
(5) for the (9) payment of restitution to the
commissioner ordered by prison disciplinary hearing officers for
damage to property caused by an inmate's conduct; and
(6) (10) for the discharge of any legal
obligations arising out of litigation under this subdivision.
The commissioner may authorize the payment of court-ordered restitution from an inmate's wages when the restitution was ordered by the court as a sanction for the conviction of an offense which is not the offense of commitment, including offenses which occurred prior to the offense for which the inmate was committed to the commissioner. An inmate of an adult correctional facility under the control of the commissioner is subject to actions for the enforcement of support obligations and reimbursement of any public assistance rendered the dependent family and relatives. The commissioner may conditionally release an inmate who is a party to an action under this subdivision and provide for the inmate's detention in a local detention facility convenient to the place of the hearing when the inmate is not engaged in preparation and defense.
Sec. 2. [243.241] [CIVIL ACTION MONEY DAMAGES.]
Money damages recovered in a civil action by an inmate confined in a state correctional facility or released from a state correctional facility under section 244.065 or 244.07 shall be deposited in the inmate account fund and disbursed according to the priorities in section 243.23, subdivision 3.
Sec. 3. [244.035] [SANCTIONS RELATED TO LITIGATION.]
The commissioner shall develop disciplinary sanctions to provide infraction penalties for an inmate who the court finds has submitted a frivolous or malicious claim or who has testified falsely or has submitted false evidence to a court. Infraction penalties may include loss of privileges, isolation or punitive segregation, loss of good time, or adding discipline confinement time.
Sec. 4. Minnesota Statutes 1994, section 563.01, subdivision 3, is amended to read:
Subd. 3. Any court of the state of Minnesota or any political subdivision thereof may authorize the commencement or defense of any civil action, or appeal therein, without prepayment of fees, costs and security for costs by a natural person who makes affidavit stating (a) the nature of the action, defense or appeal, (b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to pay the fees, costs and security for costs.
Upon a finding by the court that the action is not of a frivolous nature, the court shall allow the person to proceed in forma pauperis if the affidavit is substantially in the language required by this subdivision and is not found by the court to be untrue. Persons meeting the requirements of this subdivision include, but are not limited to, a person who is receiving public assistance, who is represented by an attorney on behalf of a civil legal services program or a volunteer attorney program based on indigency, or who has an annual income not greater than 125 percent of the poverty line established under United States Code, title 42, section 9902(2), except as otherwise provided by section 563.02.
Sec. 5. [563.02] [INMATE LIABILITY FOR FEES AND COSTS.]
Subdivision 1. [DEFINITION.] For purposes of this section, "inmate" means a person who is not represented by counsel, who has been convicted of a felony, who is committed to the custody of the commissioner of corrections, and is:
(1) confined in a state correctional facility; or
(2) released from a state correctional facility under section 244.065 or 244.07.
Subd. 2. [INMATE REQUEST TO PROCEED IN FORMA PAUPERIS.] (a) An inmate who wishes to commence a civil action by proceeding in forma pauperis must meet the following requirements, in addition to the requirements of section 563.01, subdivision 3:
(1) exhaust the inmate complaint procedure developed under the commissioner of corrections policy and procedure before commencing a civil action against the department, and state in the application to proceed in forma pauperis that the inmate has done so; and
(2) include the following information in an affidavit submitted under section 563.01:
(i) a statement that the inmate's claim is not substantially similar to a previous claim brought by the inmate against the same party, arising from the same operative facts, and in which there was an action that operated as an adjudication on the merits;
(ii) complete information on the inmate's identity, the nature and amount of the inmate's income, spouse's income, if available to the inmate, real property owned by the inmate, and the inmate's bank accounts, debts, monthly expenses, and number of dependents; and
(iii) the most recent monthly statement provided by the commissioner of corrections showing the balance in the inmate's inmate account.
The inmate shall also attach a written authorization for the court to obtain at any time during pendency of the present action, without further authorization from the inmate, a current statement of the inmate's inmate account balance, if needed to determine eligibility to proceed with bringing a civil action in forma pauperis. An inmate who has no funds in an inmate account satisfies the requirement of section 563.01, subdivision 3, clause (c).
(b) An inmate who seeks to proceed as a plaintiff in forma pauperis must file with the court the complaint in the action and the affidavit under this section before serving the complaint on an opposing party.
(c) An inmate who has funds in an inmate account may only proceed as a plaintiff in a civil action by paying the lesser of:
(1) the applicable court filing fee; or
(2) 50 percent of the balance shown in the inmate's account according to the statement filed with the court under this subdivision, consistent with the requirements of section 243.23, subdivision 3.
If an inmate elects to proceed under this paragraph, the court shall notify the commissioner of corrections to withdraw from the inmate's inmate account the amount required under this section and forward the amount to the court administrator in the county where the action was commenced. The court shall also notify the commissioner of corrections of the amount of the filing fee remaining unpaid. The commissioner shall continue making withdrawals from the inmate's account and forwarding the amounts withdrawn to the court administrator, at intervals as the applicable funds in the inmate's account equal at least $10, until the entire filing fee and any costs have been paid in full.
Subd. 3. [DISMISSAL OF ACTION.] (a) The court may, as provided by this subdivision, dismiss, in whole or in part, an action in which an affidavit has been filed under section 563.01 by an inmate seeking to proceed as a plaintiff. The action shall be dismissed without prejudice on a finding that the allegation of financial inability to pay fees, costs, and security for costs is false. The action shall be dismissed with prejudice if it is frivolous or malicious. In determining whether an action is frivolous or malicious, the court may consider whether:
(1) the claim has no arguable basis in law or fact; or
(2) the claim is substantially similar to a previous claim that was brought against the same party, arises from the same operative facts, and in which there was an action that operated as an adjudication on the merits. An order dismissing the action or specific claims asserted in the action may be entered before or after service of process, and with or without holding a hearing.
If the court dismisses a specific claim in the action, it shall designate any issue and defendant on which the action is to proceed without the payment of fees and costs. An order under this subdivision is not subject to interlocutory appeal.
(b) To determine whether the allegation of financial inability to pay fees, costs, and security for costs is false or whether the claim is frivolous or malicious, the court may:
(1) request the commissioner of corrections to file a report under oath responding to the issues described in paragraph (a), clause (1) or (2);
(2) order the commissioner of corrections to furnish information on the balance in the inmate's inmate account, if authorized by the inmate under subdivision 2; or
(3) hold a hearing at the correctional facility where the inmate is confined on the issue of whether the allegation of financial inability to pay is false, or whether the claim is frivolous or malicious.
Subd. 4. [DEFENSE WITHOUT FEES OR COSTS.] A natural person who is named as a defendant in a civil action brought by an inmate may appear and defend the action, including any appeal in the action, without prepayment of the filing fee. If the action is dismissed under rule 12 or 56 of the rules of civil procedure, the inmate is liable for the person's fees and costs, including reasonable attorney fees. In all other instances, the defendant shall pay the defendant's fees and costs at the conclusion of the action or when ordered by the court.
Sec. 6. [EFFECTIVE DATE; APPLICATION.]
Section 2 is effective August 1, 1995, and applies to causes of action arising on or after that date.
Section 5 is effective August 1, 1995, and applies to actions filed on or after that date.
Section 1. Minnesota Statutes 1994, section 3.736, subdivision 4, is amended to read:
Subd. 4. [LIMITS.] The total liability of the state and its employees acting within the scope of their employment on any tort claim shall not exceed:
(a) $200,000 $250,000 when the claim is one for
death by wrongful act or omission and $200,000
$250,000 to any claimant in any other case;
(b) $600,000 $750,000 for any number of claims
arising out of a single occurrence, for claims arising on or
after January 1, 1996, and before January 1, 2000; or
(c) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on and after January 1, 2000.
If the amount awarded to or settled upon multiple claimants
exceeds $600,000 the applicable limit under clause (b)
or (c), any party may apply to the district court to
apportion to each claimant a proper share of the $600,000
amount available under the applicable limit under clause (b)
or (c). The share apportioned to each claimant shall be in
the proportion that the ratio of the award or settlement bears to
the aggregate awards and settlements for all claims arising out
of the occurrence.
The limitation imposed by this subdivision on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort.
Sec. 2. Minnesota Statutes 1994, section 115B.03, is amended by adding a subdivision to read:
Subd. 8. [TRUSTEE LIABILITY.] A trustee who is not otherwise a responsible party for a release or threatened release of a hazardous substance from a facility is not a responsible person under this section solely because the facility is among the trust assets or solely because the trustee has the capacity to direct the operation of the facility.
Sec. 3. Minnesota Statutes 1994, section 306.243, subdivision 3, is amended to read:
Subd. 3. [DELEGATION OF DUTIES.] The management and supervision of the maintenance and care of the abandoned cemeteries, and abandoned or neglected private cemeteries, or the removal of bodies as provided in this section must be delegated by the county board to the county highway department or to some existing cemetery association, veterans organization or Boy Scouts of America Area Council, or other charitable institution. That organization is responsible to the county board for its acts. If the county board delegates work described in this subdivision to an organization described in this section, other than the county highway department, then persons who do the work under the auspices of the organization are not, solely on that basis, employees of the county.
Sec. 4. Minnesota Statutes 1994, section 306.246, is amended to read:
306.246 [CEMETERY MAINTENANCE FUNDS.]
A county, city, or town may disburse funds for the general maintenance of abandoned or neglected cemeteries. If a county, city, or town contracts with or permits a charitable organization to maintain those cemeteries, the persons who do the work under the auspices of the organization are not, solely on that basis, employees of the county, city, or town.
Sec. 5. Minnesota Statutes 1994, section 466.04, subdivision 1, is amended to read:
Subdivision 1. [LIMITS; PUNITIVE DAMAGES.] (a) Liability of any municipality on any claim within the scope of sections 466.01 to 466.15 shall not exceed:
(1) $200,000 $250,000 when the claim is one for
death by wrongful act or omission and $200,000
$250,000 to any claimant in any other case;
(2) $600,000 $750,000 for any number of claims
arising out of a single occurrence, for claims arising on or
after January 1, 1996, and before January 1, 2000;
or
(3) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2000; or
(4) twice the limits provided in clauses (1) and
(2) to (3) when the claim arises out of the release or
threatened release of a hazardous substance, whether the claim is
brought under sections 115B.01 to 115B.15 or under any other
law.
(b) No award for damages on any such claim shall include punitive damages.
Sec. 6. Minnesota Statutes 1994, section 466.04, subdivision 3, is amended to read:
Subd. 3. [DISPOSITION OF MULTIPLE CLAIMS.] Where the amount
awarded to or settled upon multiple claimants exceeds
$600,000 the applicable limit under subdivision 1,
clauses (2) to (4), any party may apply to any district court
to apportion to each claimant a proper share of the total amount
limited by subdivision 1. The share apportioned each claimant
shall be in the proportion that the ratio of the award or
settlement made to each bears to the aggregate awards and
settlements for all claims arising out of the occurrence.
Sec. 7. [473.89] [ENFORCEMENT.]
Subdivision 1. [CITIZEN ACTIONS.] Any person residing in the state may maintain a civil action in the district court in the name of the state of Minnesota against the council to seek an order requiring the council to (1) implement its adopted policies, or (2) require a local government to adopt and implement a local comprehensive plan that is consistent with the provisions of sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871, and that promotes the adopted policies of the council in the metropolitan development guide. A person may bring an action under this subdivision in the district court in which the local government unit is located. If the person prevails, the court shall award the person costs and reasonable attorney's fees.
Subd. 2. [COUNCIL AUTHORITY.] If a local government unit fails to adopt a local comprehensive plan consistent with the provisions of sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871, or if the council determines that a local government has failed to adopt and implement the official controls necessary to implement the approved local comprehensive plan and the council's adopted policies and plans in the metropolitan development guide, the council may maintain a civil action to seek enforcement of the provisions of sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871, in the district court where the local government unit is located. The court shall award costs and reasonable attorney's fees to the prevailing party.
Sec. 8. Minnesota Statutes 1994, section 541.07, is amended to read:
541.07 [TWO- OR THREE-YEAR LIMITATIONS.]
Except where the Uniform Commercial Code, this section, section 148A.06, or section 541.073 otherwise prescribes, the following actions shall be commenced within two years:
(1) for libel, slander, assault, battery, false imprisonment, or other tort, resulting in personal injury, and all actions against physicians, surgeons, dentists, occupational therapists, other health care professionals as defined in section 145.61, and veterinarians as defined in chapter 156, hospitals, sanitariums, for malpractice, error, mistake or failure to cure, whether based on contract or tort; provided a counterclaim may be pleaded as a defense to any action for services brought by a physician, surgeon, dentist, or other health care professional or veterinarian, hospital or sanitarium, after the limitations herein described notwithstanding it is barred by the provisions of this chapter, if it was the property of the party pleading it at the time it became barred and was not barred at the time the claim sued on originated, but no judgment thereof except for costs can be rendered in favor of the party so pleading it;
(2) upon a statute for a penalty or forfeiture, except as provided in sections 541.074 and 541.075;
(3) for damages caused by a dam, other than a dam used for commercial purposes; but as against one holding under the preemption or homestead laws, the limitations shall not begin to run until a patent has been issued for the land so damaged;
(4) against a master for breach of an indenture of apprenticeship; the limitation runs from the expiration of the term of service;
(5) for the recovery of wages or overtime or damages, fees or penalties accruing under any federal or state law respecting the payment of wages or overtime or damages, fees or penalties except, that if the employer fails to submit payroll records by a specified date upon request of the department of labor and industry or if the nonpayment is willful and not the result of mistake or inadvertence, the limitation is three years. (The term "wages" means all remuneration for services or employment, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, where the relationship of master and servant exists and the term "damages" means single, double, or treble damages, accorded by any statutory cause of action whatsoever and whether or not the relationship of master and servant exists);
(6) for damages caused by the establishment of a street or highway grade or a change in the originally established grade;
(7) against the person who applies the pesticide for injury or damage to property resulting from the application, but not the manufacture or sale, of a pesticide.
Sec. 9. Minnesota Statutes 1994, section 549.20, is amended by adding a subdivision to read:
Subd. 6. [LIMITATION ON PUNITIVE DAMAGES.] (a) In general, punitive damages otherwise permitted by applicable law shall not be awarded against the manufacturer or seller of a product or device that caused the harm claimed by the plaintiff if:
(1) the product or device was subject to approval under United States Code, title 21, section 355, or premarket approval under United States Code, title 21, section 360e, by the Food and Drug Administration with respect to the safety of formulation or performance of the aspect of the product or device that caused the harm, or by the adequacy of the packaging or labeling of the product or device; and
(2) the product or device was approved by the Food and Drug Administration.
(b) Paragraph (a) does not apply in a case in which it is determined on the basis of clear and convincing evidence that the defendant:
(1) withheld from or misrepresented to the Food and Drug Administration information concerning the product or device that is required to be submitted under the federal Food, Drug and Cosmetic Act that is material and relevant to the harm suffered by the claimant;
(2) made an illegal payment to an official of the Food and Drug Administration for the purpose of securing approval of the product or device; or
(3) failed to use reasonable care to comply with Food and Drug Administration regulations concerning the manufacture of, or the investigation and correction of defects in design or manufacture of, a medical device, and the failure to comply has caused the harm suffered by the plaintiff.
Sec. 10. Minnesota Statutes 1994, section 604.01, subdivision 1, is amended to read:
Subdivision 1. [SCOPE OF APPLICATION.] Contributory fault does not bar recovery in an action by any person or the person's legal representative to recover damages for fault resulting in death, in injury to person or property, or in economic loss, if the contributory fault was not greater than the fault of the person against whom recovery is sought, but any damages allowed must be diminished in proportion to the amount of fault attributable to the person recovering. The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to each party and the court shall then reduce the amount of damages in proportion to the amount of fault attributable to the person recovering.
In actions involving this chapter, the court shall inform the jury of the effect of its answers to the comparative fault question and shall permit counsel to comment thereon, unless the court is of the opinion that doubtful or unresolved questions of law or complex issues of law or fact are involved which may render the instruction or comment erroneous, misleading, or confusing to the jury.
Sec. 11. [611A.08] [BARRING PERPETRATORS OF CRIMES FROM RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT.]
Subdivision 1. [DEFINITION.] As used in this section, "perpetrator" means a person who has been convicted of committing a violent crime.
Subd. 2. [INJURY.] A perpetrator assumes the risk of and does not have the right to recover damages for any loss or injury caused by a crime victim if the victim makes a prima facie showing that the loss or injury resulted from or arose out of a course of criminal conduct involving a violent crime engaged in by the perpetrator or an accomplice, as defined in section 609.05, unless the perpetrator establishes by competent evidence that:
(1) neither the perpetrator nor any accomplice was engaged in the course of conduct involving a violent crime; or
(2) the victim did not use reasonable force as authorized in sections 609.06 and 609.065.
Subd. 3. [DEATH.] The personal representative or administrator of the estate of a perpetrator or the trustee appointed under section 573.02, subdivision 3, does not have the right to recover damages for any loss, injury, or death caused by a crime victim, and the perpetrator assumes the risk of the loss, injury, or death if the victim makes a prima facie showing that the loss, injury, or death resulted from or arose out of a course of criminal conduct involving a violent crime engaged in by the perpetrator or an accomplice, unless the personal representative or administrator of the estate of the perpetrator establishes by competent evidence that:
(1) neither the perpetrator nor any accomplice was engaged in the course of conduct involving a violent crime; or
(2) the victim did not use reasonable force as authorized in sections 609.06 and 609.065.
Subd. 4. [SUMMARY DISPOSITION.] In any civil action in which the defendant alleges that the loss, injury, or death for which recovery of damages is sought resulted from or arose out of a course of criminal conduct involving a violent crime against the defendant engaged in by the plaintiff or the plaintiff's decedent, upon the defendant making a prima facie showing of these facts on motion for summary disposition, summary disposition must be granted to the defendant unless the plaintiff presents evidence that, in the opinion of the court, would be sufficient for a jury to find that the conditions in subdivision 1 or 2 have been established by competent evidence. Notwithstanding other proof which the defendant may adduce, a certified copy of a court's judgment of guilt relating to the offense involving the plaintiff or the plaintiff's decedent constitutes a prima facie showing for purposes of this section.
Subd. 5. [ATTORNEY'S FEES TO VICTIM.] If the perpetrator does not prevail in a civil action that is subject to this section, the court may award reasonable expenses, including attorney's fees and disbursements, to the victim.
Subd. 6. [STAY OF CIVIL ACTION.] Except to the extent needed to preserve evidence, any civil action in which the defense set forth in subdivision 1 or 2 is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged violent crime.
Subd. 7. [VIOLENT CRIME; DEFINITION.] For purposes of this section, "violent crime" means an offense named in sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.342; 609.343; 609.344; 609.345; 609.561; 609.562; 609.563; and 609.582, or an attempt to commit any of these offenses.
Sec. 12. [611A.78] [CIVIL DAMAGES FOR BIAS OFFENSES.]
Subdivision 1. [DEFINITION.] For purposes of this section, "bias offense" means conduct that would constitute a crime and was committed because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363.01, age, or national origin.
Subd. 2. [CAUSE OF ACTION; DAMAGES AND FEES; INJUNCTION.] A person who is damaged by a bias offense has a civil cause of action against the person who committed the offense. The plaintiff is entitled to recover:
(1) the greater of $500 or actual general and special damages, including damages for emotional distress;
(2) punitive damages; and
(3) reasonable costs and attorney's fees.
A plaintiff also may obtain an injunction or other appropriate relief.
Subd. 3. [RELATION TO CRIMINAL PROCEEDING; BURDEN OF PROOF.] A person may bring an action under this section regardless of the existence or outcome of criminal proceedings involving the bias offense that is the basis for the action. The burden of proof in an action under this section is preponderance of the evidence.
Subd. 4. [PARENTAL LIABILITY.] Section 540.18 applies to actions under this section, except that:
(1) the parent or guardian is liable for all types of damages awarded under this section in an amount not exceeding $5,000; and
(2) the parent or guardian is not liable if the parent or guardian made reasonable efforts to exercise control over the minor's behavior.
Subd. 5. [OTHER RIGHTS PRESERVED.] The remedies under this section do not affect any rights or remedies of the plaintiff under other law.
Sec. 13. [EFFECTIVE DATE; APPLICATION.]
Sections 3 and 4 are effective the day following final enactment.
Section 8 is effective August 1, 1995, and applies to causes of action arising on or after that date.
Section 12 is effective August 1, 1995, and applies to offenses committed on or after that date.
Sections 1, 5, and 6 are effective January 1, 1996, and apply to claims for acts or omissions occurring on or after that date.
Section 7 applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."
Delete the title and insert:
"A bill for an act relating to courts; civil actions; regulating certain civil actions brought by inmates; increasing the liability limits for tort claims against state and local government; providing for trustee liability for a hazardous waste release; providing that maintenance of abandoned or neglected cemeteries by a charitable organization does not create an employment relationship with local government units; including occupational therapists in the health care professionals statute of limitations; providing for jury instruction and comment by counsel on the issue of comparative fault; providing for damages and injunctive relief for victims of bias offenses; amending Minnesota Statutes 1994, sections 3.736, subdivision 4; 115B.03, by adding a subdivision; 243.23, subdivision 3; 306.243, subdivision 3; 306.246; 466.04, subdivisions 1 and 3; 541.07; 549.20, by adding a subdivision; 563.01, subdivision 3; and 604.01, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 243; 244; 473; 563; and 611A."
The motion prevailed and the amendment was adopted.
Pugh, Trimble and Entenza moved to amend S. F. No. 1088, as amended, as follows:
Page 8, after line 29, insert:
"Sec. 5. Minnesota Statutes 1994, section 466.01, subdivision 1, is amended to read:
Subdivision 1. [MUNICIPALITY.] For the purposes of sections 466.01 to 466.15, "municipality" means any city, whether organized under home rule charter or otherwise, any county, town, public authority, public corporation, special district, school district, however organized, county agricultural society organized pursuant to chapter 38, joint powers board or organization created under section 471.59 or other statute, public library, regional public library system, multicounty multitype library system, family services collaborative established under section 121.8355, other political subdivision, or community action agency."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Seagren and Sykora moved to amend S. F. No. 1088, as amended, as follows:
Pages 9 and 10, delete section 7
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Seagren and Sykora amendment and the roll was called. There were 79 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Olson, M. Smith Anderson, B. Frerichs Larsen Onnen Solberg Bettermann Girard Leppik Osskopp Stanek Boudreau Goodno Lieder Osthoff Sviggum Bradley Haas Lindner Otremba Swenson, H. Broecker Hackbarth Lynch Ozment Tuma Commers Harder Macklin Paulsen Van Dellen Cooper Holsten Mahon Pawlenty Van Engen Daggett Hugoson Mares Pellow Vickerman Dauner Jennings Marko Pelowski Warkentin Davids Johnson, V. McElroy Perlt Weaver Dehler Kinkel Molnau Peterson Wenzel Delmont Knight Mulder Rhodes Wolf Dempsey Knoblach Murphy Rostberg Worke Dorn Koppendrayer Ness Seagren Workman Erhardt Kraus Olson, E. SimoneauThose who voted in the negative were:
Bakk Garcia Kelley Opatz Skoglund Bertram Greenfield Leighton Orenstein Swenson, D. Bishop Greiling Long Orfield Tomassoni Brown Hausman Lourey Ostrom Trimble Carlson Huntley Luther Pugh Tunheim Carruthers Jaros Mariani Rest Wagenius Clark Jefferson McCollum Rice Wejcman Dawkins Johnson, A. McGuire Rukavina Sp.Anderson,I Entenza Kahn Milbert Sarna Farrell Kalis Munger SchumacherThe motion prevailed and the amendment was adopted.
Sviggum moved to amend S. F. No. 1088, as amended, as follows:
Page 13, after line 10, insert:
"Sec. 11. Minnesota Statutes 1994, section 604.02, subdivision 1, is amended to read:
Subdivision 1. When two or more persons are jointly liable,
contributions to awards shall be in proportion to the percentage
of fault attributable to each, except that each is jointly and
severally liable for the whole award. Except in cases where
liability arises under chapters 18B - pesticide control, 115 -
water pollution control, 115A - waste management, 115B -
environmental response and liability, 115C - leaking underground
storage tanks, and 299J - pipeline safety, public nuisance law
for damage to the environment or the public health, any other
environmental or public health law, or any environmental or
public health ordinance or program of a municipality as defined
in section 466.01, a person whose fault is 15 33
percent or less is liable for a percentage of the whole award no
greater than four times the percentage of fault, including
any amount reallocated to that person under subdivision 2.
If the state or a municipality as defined in section 466.01
is jointly liable, and its fault is less than 35 percent, it is
jointly and severally liable for a percentage of the whole award
no greater than twice the amount of fault, including any amount
reallocated to the state or municipality under subdivision
2."
Page 16, after line 10, insert:
"Section 11 applies to claims arising from events that occur on or after July 1, 1995."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Skoglund raised a point of order pursuant to rule 3.09 that the Sviggum amendment was not in order. The Speaker ruled the point of order not well taken and the amendment in order.
Pugh moved that S. F. No. 1088, as amended, be continued on Special Orders. The motion prevailed.
S. F. No. 557 was reported to the House.
Krinkie moved to amend S. F. No. 557, the unofficial engrossment, as follows:
Page 2, after line 7, insert:
"Sec. 2. [179A.211] [STATE EMPLOYEES RIGHT-TO-KNOW ACT.]
Subdivision 1. [NOTICE.] A state employee, who is a member of a collective bargaining unit, shall be provided an annual notice no later than February 1 of the right to reduce the dues payable by the employee as a member of the union, or as an individual employed by an employer subject to a labor agreement containing a collective bargaining security clause, by the same percentage as the percentage of the collective bargaining unit's revenues that are expended on lobbying, political contributions, distribution of publications, and advertising. The notice shall inform the members that they may reduce their obligation by this percentage amount by providing written notice to the collective bargaining unit and to the employer deducting dues from their pay, if any, and that they will suffer no harm or retribution from the employer or the union for doing so.
Subd. 2. [ACCOUNTING.] A collective bargaining unit shall provide to its members an accounting of the actual dollar revenues spent by the collective bargaining unit in the preceding calendar year no later than February 1 the following year. The accounting shall include a line item for each of the following:
(1) grievance processing;
(2) contract negotiations;
(3) political contributions;
(4) lobbying;
(5) Minnesota meeting attendance and travel costs;
(6) out-of-state meeting attendance and travel costs;
(7) dues and contributions to the national affiliate;
(8) advertising;
(9) production and distribution of publications; and
(10) every item of expenditure constituting more than one percent of the total revenue of the collective bargaining unit.
If a collective bargaining unit fails to timely provide the account to its members, it shall be conclusively presumed that one-half of members' dues are expended on the activities listed in clauses (1) to (9) and other expenditures not directly related to the representation of members.
Subd. 3. [ACTION.] A member of a collective bargaining unit who is not provided a timely annual accounting or a notice of the employee's rights under this section by a collective bargaining unit shall have a cause of action for the amount of dues paid by the member in excess of the percentage of those dues dedicated to contract negotiations, grievance handling, and strike support, plus punitive damages in an amount of twice the dues, plus costs and attorneys' fees."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Krinkie amendment and the roll was called. There were 50 yeas and 79 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Koppendrayer Molnau Swenson, D. Anderson, B. Girard Kraus Mulder Swenson, H. Bettermann Goodno Krinkie Olson, M. Tuma Boudreau Haas Larsen Onnen Van Dellen Bradley Hackbarth Leppik Osskopp Van Engen Broecker Harder Lindner Paulsen Vickerman Commers Holsten Lynch Pawlenty Warkentin Daggett Hugoson Macklin Pellow Weaver Erhardt Knight Mares Rostberg Worke Finseth Knoblach McElroy Sviggum WorkmanThose who voted in the negative were:
Bakk Farrell Leighton Orenstein Seagren Bertram Garcia Lieder Orfield Simoneau Bishop Greenfield Long Osthoff Skoglund Brown Greiling Lourey Ostrom Smith Carlson Hausman Luther Otremba Solberg Carruthers Huntley Mahon Ozment Stanek Clark Jaros Mariani Pelowski Tomassoni Cooper Jefferson Marko Perlt Trimble Dauner Jennings McCollum Peterson Tunheim Davids Johnson, A. McGuire Pugh Wagenius Dawkins Johnson, R. Milbert Rest Wejcman Dehler Johnson, V. Munger Rhodes Wenzel Delmont Kahn Murphy Rice Winter Dempsey Kalis Ness Rukavina Wolf Dorn Kelley Olson, E. Sarna Sp.Anderson,I Entenza Kinkel Opatz SchumacherThe motion did not prevail and the amendment was not adopted.
S. F. No. 557, A bill for an act relating to employment; authorizing the legislative commission on employee relations to modify compensation for certain managerial positions in the higher education board; ratifying certain labor agreements; amending Minnesota Statutes 1994, sections 3.855, subdivision 3; 179A.04, subdivision 3; and 179A.16, subdivisions 6, 7, and 8.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Onnen Solberg Anderson, B. Garcia Krinkie Opatz Stanek Bakk Girard Larsen Orenstein Sviggum Bertram Goodno Leighton Orfield Swenson, D. Bettermann Greenfield Leppik Osskopp Swenson, H. Bishop Greiling Lieder Osthoff Tomassoni Boudreau Haas Lindner Ostrom Trimble Bradley Hackbarth Long Otremba Tuma Broecker Harder Lourey Ozment Tunheim Brown Hausman Luther Paulsen Van Dellen Carlson Holsten Lynch Pawlenty Van Engen Carruthers Hugoson Macklin Pellow Vickerman Clark Huntley Mahon Pelowski Wagenius Commers Jaros Mares Perlt Warkentin Cooper Jefferson Mariani Peterson Weaver Daggett Jennings Marko Pugh Wejcman Dauner Johnson, A. McCollum Rest Wenzel Davids Johnson, R. McElroy Rhodes Winter Dawkins Johnson, V. McGuire Rice Wolf Dehler Kahn Milbert Rostberg Worke Delmont Kalis Molnau Rukavina WorkmanThe bill was passed and its title agreed to.
JOURNAL OF THE HOUSE - 62nd Day - Top of Page 4543
Dempsey Kelley Mulder Sarna Sp.Anderson,I Dorn Kelso Munger Schumacher Entenza Kinkel Murphy Seagren Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. Skoglund Finseth Koppendrayer Olson, M. Smith
S. F. No. 1076, A bill for an act relating to energy; exempting wind energy conversion systems siting from the power plant siting act; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 116C.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Olson, M. Skoglund Anderson, B. Garcia Krinkie Onnen Smith Bakk Girard Larsen Opatz Solberg Bertram Goodno Leighton Orenstein Stanek Bettermann Greiling Leppik Orfield Sviggum Bishop Haas Lieder Osskopp Swenson, D. Boudreau Hackbarth Lindner Osthoff Swenson, H. Bradley Harder Long Ostrom Tomassoni Broecker Hausman Lourey Otremba Trimble Brown Holsten Luther Ozment Tuma Carlson Hugoson Lynch Paulsen Tunheim Carruthers Huntley Macklin Pawlenty Van Dellen Clark Jaros Mahon Pellow Van Engen Commers Jefferson Mares Pelowski Vickerman Cooper Jennings Mariani Perlt Wagenius Daggett Johnson, A. Marko Peterson Warkentin Dauner Johnson, R. McCollum Pugh Weaver Davids Johnson, V. McElroy Rest Wejcman Dehler Kahn McGuire Rhodes Wenzel Delmont Kalis Milbert Rice Winter Dempsey Kelley Molnau Rostberg Wolf Dorn Kelso Mulder Rukavina Worke Entenza Kinkel Munger Sarna Workman Erhardt Knight Murphy Schumacher Sp.Anderson,I Farrell Knoblach Ness Seagren Finseth Koppendrayer Olson, E. SimoneauThe bill was passed and its title agreed to.
S. F. No. 1170 was reported to the House.
Bertram moved to amend S. F. No. 1170 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 214.01, subdivision 3, is amended to read:
Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.] "Non-health-related licensing board" means the board of teaching established pursuant to section 125.183, the board of barber examiners established pursuant to section 154.22, the board of assessors established pursuant to section 270.41, the board of architecture, engineering,
land surveying, landscape architecture, geoscience, and interior design established pursuant to section 326.04, the board of accountancy established pursuant to section 326.17, the board of electricity established pursuant to section 326.241, the private detective and protective agent licensing board established pursuant to section 326.33, the board of boxing established pursuant to section 341.01, and the peace officer standards and training board established pursuant to section 626.841.
Sec. 2. Minnesota Statutes 1994, section 214.04, subdivision 3, is amended to read:
Subd. 3. [OFFICERS; STAFF.] The executive director of each health-related board and the executive secretary of each non-health-related board shall be the chief administrative officer for the board but shall not be a member of the board. The executive director or executive secretary shall maintain the records of the board, account for all fees received by it, supervise and direct employees servicing the board, and perform other services as directed by the board. The executive directors, executive secretaries, and other employees of the following boards shall be hired by the board, and the executive directors or executive secretaries shall be in the unclassified civil service, except as provided in this subdivision:
(1) dentistry;
(2) medical practice;
(3) nursing;
(4) pharmacy;
(5) accountancy;
(6) architecture, engineering, land surveying, landscape architecture, geoscience, and interior design;
(7) barber examiners;
(8) cosmetology;
(9) electricity;
(10) teaching;
(11) peace officer standards and training;
(12) social work;
(13) marriage and family therapy; and
(14) dietetics and nutrition practice.
The executive directors or executive secretaries serving the boards are hired by those boards and are in the unclassified civil service, except for part-time executive directors or executive secretaries, who are not required to be in the unclassified service. Boards not requiring full-time executive directors or executive secretaries may employ them on a part-time basis. To the extent practicable, the sharing of part-time executive directors or executive secretaries by boards being serviced by the same department is encouraged. Persons providing services to those boards not listed in this subdivision, except executive directors or executive secretaries of the boards and employees of the attorney general, are classified civil service employees of the department servicing the board. To the extent practicable, the commissioner shall ensure that staff services are shared by the boards being serviced by the department. If necessary, a board may hire part-time, temporary employees to administer and grade examinations.
Sec. 3. Minnesota Statutes 1994, section 319A.02, subdivision 2, is amended to read:
Subd. 2. "Professional service" means personal service rendered by a professional pursuant to a license or certificate issued by the state of Minnesota to practice medicine and surgery pursuant to sections 147.01 to 147.22, chiropractic pursuant to sections 148.01 to 148.105, registered nursing pursuant to sections 148.171 to 148.285, optometry pursuant to sections 148.52 to 148.62, psychology pursuant to sections 148.88 to 148.98, dentistry pursuant to sections 150A.01
to 150A.12, pharmacy pursuant to sections 151.01 to 151.40, podiatric medicine pursuant to Laws 1987, chapter 108, sections 1 to 16, veterinary medicine pursuant to sections 156.001 to 156.14, architecture, engineering, surveying, landscape architecture, geoscience, and certified interior design pursuant to sections 326.02 to 326.15, accountancy pursuant to sections 326.17 to 326.229, or law pursuant to sections 481.01 to 481.17, or pursuant to a license or certificate issued by another state pursuant to similar laws.
Sec. 4. Minnesota Statutes 1994, section 326.02, subdivision 1, is amended to read:
Subdivision 1. [LICENSURE OR CERTIFICATION
REGISTRATION MANDATORY.] In order to safeguard life,
health, and property, and to promote the public welfare, any
person in either public or private capacity practicing, or
offering to practice, architecture, professional engineering,
land surveying, or landscape architecture, or
professional geoscience, or using the title certified
interior designer in this state, either as an individual, a
copartner, or as agent of another, shall be licensed or certified
as hereinafter provided. It shall be unlawful for any person to
practice, or to offer to practice, in this state, architecture,
professional engineering, land surveying, or landscape
architecture, or professional geoscience, or to use the
title certified interior designer, or to solicit or to contract
to furnish work within the terms of sections 326.02 to 326.15, or
to use in connection with the person's name, or to otherwise
assume, use or advertise any title or description tending to
convey the impression that the person is an architect,
professional engineer (hereinafter called engineer), land
surveyor, landscape architect, professional geoscientist
(hereinafter called geoscientist), or certified interior
designer, unless such person is qualified by licensure or
certification under sections 326.02 to 326.15.
Sec. 5. Minnesota Statutes 1994, section 326.02, is amended by adding a subdivision to read:
Subd. 3a. [PRACTICE OF PROFESSIONAL GEOSCIENCE.] (a) A person is considered to be practicing professional geoscience within the meaning of sections 326.02 to 326.15 who holds out as being able to perform or who does perform any technical professional services, the adequate performance of which requires professional geoscience education, training, and experience in the application of special knowledge of the mathematical, physical, chemical, biological, and earth sciences to such services or creative work as consultation, investigation, evaluation, planning, mapping, and inspection of geoscientific work and its responsible supervision.
A person is considered to practice or offer to practice professional geoscience, within the meaning and intent of sections 326.02 to 326.15 who practices any of the geoscience disciplines defined by the board; who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents oneself to be a professional geoscientist; through the use of some other title implies that the person is a professional geoscientist; or who presents oneself as able to perform or who does perform any geoscience services or that constitutes the practice of a professional geoscience discipline as defined by the board.
"Geoscience" means the science which includes treatment of the earth and its origin and history; the investigation, measurement or sampling, of the earth's constituent rocks, natural and induced fields of force, minerals, fossils, solids, soils, fluids including surface and underground waters, gases, and other materials; and the study, interpretation, and analysis of the natural agents, forces, and processes which cause changes in the earth.
Nothing in this subdivision shall be construed to prevent a professional engineer, as defined in sections 326.02 to 326.15, from acquiring engineering data involving soil, rock, groundwater, and other earth materials; evaluating physical and chemical properties of soil, rock, groundwater, and other earth materials for engineering; and from utilizing these data for analysis, design, and construction. Nothing in this subdivision shall be construed to permit a professional geoscientist to engage in the practice of professional engineering, architecture, landscape architecture, or land surveying or to use the title "certified interior design" as those terms are defined in this section. Nothing in this subdivision shall be construed to regulate persons who take soil samples for the purpose of providing recommendations on crop production.
Sec. 6. Minnesota Statutes 1994, section 326.02, subdivision 4, is amended to read:
Subd. 4. [PRACTICE OF LAND SURVEYING.] Land surveying means the application of the principles of mathematics, physical and applied sciences and law to measuring and locating lines, angles, elevations and natural or artificial features in the air, on the surface of the earth, underground and on the beds of bodies of water for the purpose of:
(a) monumenting property boundaries;
(b) planning, designing, and platting of land and subdivisions including the topography, alignment and grades of streets; and
(c) preparing and perpetuating maps, record plats and property descriptions.
Any person who offers to perform, holds out as being able to perform, or who does perform land surveying for others shall be practicing land surveying.
Nothing contained in the provisions of sections 326.02 to
326.15, shall prohibit a licensed professional engineer,
architect, or landscape architect, or professional
geoscientist from doing any work included in the practice of
engineering, architecture and, landscape
architecture, and professional geoscience, if the work
does not involve the establishment or reestablishment of property
corners or property lines.
Sec. 7. Minnesota Statutes 1994, section 326.02, subdivision 4a, is amended to read:
Subd. 4a. [PRACTICE OF LANDSCAPE ARCHITECTURE.] Any person shall be deemed to be practicing landscape architecture, within the meaning of sections 326.02 to 326.15, who holds out as being able to perform or who does perform any professional service in connection with the development of land areas where the dominant purpose of the service is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings, approaches or environment for structures or other improvements, and the consideration and determination of inherent problems of the land relating to erosion, wear and tear, blight and hazards. This practice shall include the location and arrangement of tangible objects and features incidental and necessary to the purposes outlined but shall not include the design of structures or facilities with separate and self-contained purposes as ordinarily included in the practice of engineering or architecture or the preparation of boundary surveys or final land plats, as ordinarily included in the practice of land surveying.
Nothing contained in sections 326.02 to 326.15 concerning landscape architects shall be construed:
(a) To apply to a professional engineer duly registered under the laws of this state;
(b) To apply to an architect registered under the laws of this state;
(c) To apply to a land surveyor registered under the laws of this state;
(d) To prevent a registered architect or professional engineer from doing landscape planning and designing;
(e) To exclude nursery operators or other small business people from the preparation of landscape plans appropriate to the normal operation of their business;
(f) To authorize a landscape architect to engage in the
practice of architecture, engineering, or land
surveying, or geoscience;.
No person shall use the designation landscape architect or any title or device indicating or representing that the person is a landscape architect or is practicing landscape architecture unless the person is registered under the provisions of sections 326.02 to 326.15.
Sec. 8. Minnesota Statutes 1994, section 326.03, subdivision 1, is amended to read:
Subdivision 1. [PLANS; DOCUMENTS.] No person, except an
architect, engineer, land surveyor, landscape architect,
geoscientist, or certified interior designer, licensed or
certified as provided for in sections 326.02 to 326.15 shall
practice architecture, professional engineering, land surveying,
or landscape architecture, or professional
geoscience, or use the title certified interior designer,
respectively, in the preparation of plans, specifications,
reports, plats or other architectural, engineering, land
surveying, landscape architectural, geoscientific, or
interior design documents, or in the observation of
architectural, engineering, land surveying, landscape
architectural, geoscientific, or interior design projects.
In preparation of such documents, reasonable care shall be given
to compliance with applicable laws, ordinances, and building
codes relating to design.
Sec. 9. Minnesota Statutes 1994, section 326.03, subdivision 4, is amended to read:
Subd. 4. [EXCEPTION FOR PERSONS ELECTED IN OFFICE.] The
provisions hereof shall not apply to any person holding an
elective office when in discharging the duties thereof such
person is required to do work or perform service of the character
of work or service usually done or performed by an architect,
engineer, land surveyor or, landscape architect,
or geoscientist.
Sec. 10. Minnesota Statutes 1994, section 326.04, is amended to read:
326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.]
To carry out the provisions of sections 326.02 to 326.15 there
is hereby created a board of architecture, engineering, land
surveying, landscape architecture, geoscience, and
interior design (hereinafter called the board) consisting
of 20 21 members, who shall be appointed by the
governor. Three members shall be licensed architects, five
members shall be licensed engineers, one member two
members shall be a licensed landscape architect
architects, two members shall be licensed land surveyors,
one member two members shall be a certified
interior designer designers, two members shall be
licensed geoscientists, and eight five members
shall be public members. Not more than one member of said
the board shall be from the same branch of the profession
of engineering. The first certified interior designer member
and seventh and eighth members shall be appointed as soon as
possible and no later than 60 days after August 1, 1992, and
shall serve for a term to end on January 1, 1994. The
first professional geoscientist members shall be appointed as
soon as possible and no later than October 1, 1995. One of these
members shall serve for a term to end January 1, 1997. The other
member shall serve for a term to end January 1, 1999. The second
licensed landscape architect and certified interior designer
members shall be appointed to succeed the two public members
whose terms end on January 1, 1996. The second licensed
landscape architect and certified interior designer members shall
be appointed by the governor no later than October 1, 1995, and
shall serve a term to end on January 1, 2000. During the time
from the appointment of these members until January 1, 1996, the
board shall consist of 23 members. Membership terms,
compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements
shall be as provided in sections 214.07 to 214.09. The provision
of staff, administrative services and office space; the review
and processing of complaints; the setting of board fees; and
other provisions relating to board operations shall be as
provided in chapter 214.
Sec. 11. Minnesota Statutes 1994, section 326.05, is amended to read:
326.05 [QUALIFICATIONS OF BOARD MEMBERS.]
Each member of the board shall be a resident of this state at the time of appointment. Each member except the public members shall have been engaged in the practice of the relevant profession for at least ten years and shall have been in responsible charge of work for at least five years. Each such member shall be a member in good standing of a recognized society of architects, engineers, land surveyors, landscape architects, geoscientists, or interior designers; and, except as provided in section 326.06, shall be a licensed architect, licensed engineer, licensed land surveyor, licensed landscape architect, licensed geoscientists, or certified interior designer. The certified interior design member must have passed the National Council for Interior Design Qualifications test.
Sec. 12. Minnesota Statutes 1994, section 326.06, is amended to read:
326.06 [GENERAL POWERS AND DUTIES OF BOARD.]
Each member of the board shall receive a certificate of appointment from the governor, and, before beginning a term of office, shall file with the secretary of state the constitutional oath of office. The board shall adopt and have an official seal, which shall be affixed to all licenses granted; shall make all rules, not inconsistent with law, needed in performing its duties; and shall fix standards for determining the qualifications of applicants for certificates, which shall not exceed the requirements contained in the curriculum of a recognized school of architecture, landscape architecture, engineering, geoscience, or interior design. The board shall make rules to define classes of buildings with respect to which persons performing services described in section 326.03, subdivision 2, may be exempted from the provisions of sections 326.02 to 326.15, by a finding of no probable risk to life, health, property or public welfare.
Sec. 13. Minnesota Statutes 1994, section 326.07, is amended to read:
326.07 [BOARD, MEETINGS OF, OFFICERS, QUORUM.]
The board shall hold meetings at such times as the bylaws of
the board may provide. Notice of all meetings shall be given in
such manner as the bylaws may provide. The board shall elect
annually from its members a chair, a vice-chair, a secretary and
a treasurer. A quorum of the board shall consist of not less
than ten 11 members, of whom four shall be
architects, landscape architects, land surveyors, or certified
interior designers, three four engineers or
geoscientists, and three public members.
Sec. 14. Minnesota Statutes 1994, section 326.08, subdivision 2, is amended to read:
Subd. 2. [MEMBERS.] Any member of the board, the executive secretary of the board, or the attorney for the board may be authorized by the board to attend any architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design conference or meeting held outside of this state, the major purpose of which is the consideration of problems directly associated with the registration or licensing of architects, professional engineers, land surveyors, landscape architects, professional geoscientists, or certified interior designers.
Sec. 15. Minnesota Statutes 1994, section 326.09, is amended to read:
326.09 [RECORDS OF BOARD.]
The board shall keep a record of its proceedings and a register of all applicants for licensing, showing for each the date of application, name, age, educational and other qualifications, place of business, and the place of residence, whether or not an examination was required and whether the applicant was rejected or a license granted, and the date of such action. The books and register of the board shall be prima facie evidence of all matters recorded therein. A roster showing the names and places of business or of residence of all licensed architects, engineers, land surveyors, landscape architects, geoscientists, and certified interior designers shall be prepared by the executive secretary of the board during the month of July, of each even numbered year. Roster supplements listing newly licensed persons shall be published semiannually between publications of the biennial roster. Rosters may be printed out of the funds of the board, as provided in section 326.08.
Sec. 16. Minnesota Statutes 1994, section 326.10, subdivision 1, is amended to read:
Subdivision 1. [ISSUANCE.] (a) The board shall on application therefor on a prescribed form, and upon payment of a fee prescribed by rule of the board, issue a license or certificate as an architect, engineer, land surveyor, landscape architect, geoscientist, or certified interior designer. A separate fee shall be paid for each profession licensed.
(1) To any person over 25 years of age, who is of good moral character and repute, and who has the experience and educational qualifications which the board by rule may prescribe.
(2) To any person who holds an unexpired certificate of registration or license issued by proper authority in the District of Columbia, any state or territory of the United States, or any foreign country, in which the requirements for registration or licensure of architects, engineers, land surveyors, landscape architects, geoscientists, or certified interior designers, respectively, at the time of registration or licensure in the other jurisdiction, were equal, in the opinion of the board, to those fixed by the board and by the laws of this state, and in which similar privileges are extended to the holders of certificates of registration or licensure issued by this state. The board may require such person to submit a certificate of technical qualification from the National Council of Architectural Registration Boards in the case of an architect, from the National Council of Engineering Examiners in the case of an engineer, from the National Council of Landscape Architects Registration Board in the case of a landscape architect, and from the National Council for Interior Design Qualifications in the case of a certified interior designer.
(b) Notwithstanding paragraph (a), for one year from the effective date of rules adopted by the board with respect to the discipline of professional geoscience, the board may accept as evidence that the applicant is qualified for licensing in the discipline of professional geoscience:
(1) a record of graduation with a baccalaureate degree from a school or college having accreditation defined by the board and a geoscience or associated science curriculum approved by the board; and
(2) at least five years of active professional practice in the discipline of professional geoscience as approved by the board.
Sec. 17. Minnesota Statutes 1994, section 326.10, subdivision 2, is amended to read:
Subd. 2. [EXAMINATION.] The board may subject any applicant for licensure to such examinations as may be deemed necessary to establish qualifications.
In determining the qualifications in such cases of applicants for licensure as architects, a majority vote of the architect members of the board only shall be required; in determining the qualifications in such cases of applicants for licensure as engineers, a majority vote of the engineer members of the board only, shall be required; in
determining the qualifications of applicants for registration as land surveyors, the affirmative vote of the land surveyor member and of one engineer of the board only, shall be required; in determining the qualifications of applicants for licensure as landscape architects, the affirmative vote of the landscape architect member of the board and of one architect member or one civil engineer member of the board only, shall be required; and in determining the qualifications of applicants for certification as certified interior designers, the affirmative vote of the interior designer member of the board, of two public members, and of one architect or engineer member of the board only, is required; and in determining the qualifications of applicants for registration as geoscientists, only the affirmative vote of the two geoscientist members of the board is required.
Sec. 18. Minnesota Statutes 1994, section 326.10, subdivision 7, is amended to read:
Subd. 7. [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING; LANDSCAPE ARCHITECT-IN-TRAINING; GEOSCIENTIST-IN-TRAINING.] (1) An applicant for certification as an engineer-in-training who is a graduate with a bachelor of engineering degree from a school or college having an engineering curriculum accredited by the engineers' council for professional development or whose education, in the opinion of the board, is equivalent thereto, shall receive from the board, upon passing an examination in fundamental engineering subjects, a certificate stating that the applicant has passed such examination and that the applicant's name has been recorded as an engineer-in-training.
(2) An applicant for certification as a land surveyor-in-training who has had a minimum of four years of qualifying experience of a character satisfactory to the board, of which a formal education in an accredited engineering or land surveying curriculum may constitute a part thereof, shall receive from the board, upon passing a written examination in the fundamentals of mathematics and the basic principles of land surveying, a certificate stating that the applicant has passed such examination and that the applicant's name has been recorded as a land surveyor-in-training.
(3) Any applicant for certification as a landscape architect-in-training who is a graduate with a degree from a school or college having a landscape architecture curriculum accredited by the American Society of Landscape Architects committee on education or who has had equivalent education or experience or a combination thereof of a grade and character acceptable to the board shall receive from the board, upon passing an examination in fundamental landscape architectural subjects, a certificate stating that the applicant has passed that examination and that the applicant's name has been recorded as a landscape architect-in-training.
(4) An applicant for certification as a geoscientist-in-training who is a graduate with a baccalaureate degree from a school or college having accreditation defined by the board and a geoscience or associated science curriculum approved by the board, shall receive from the board, upon passing the appropriate examination in fundamental geoscience subjects for the applicant's discipline as approved by the board, a certificate stating that the applicant's name has been recorded as a geoscientist-in-training with the appropriate geoscientist-in-training legend as approved by the board.
Sec. 19. Minnesota Statutes 1994, section 326.11, subdivision 1, is amended to read:
Subdivision 1. [REVOCATION OR SUSPENSION.] The board shall have the power to revoke or suspend the license or certificate of any architect, engineer, land surveyor, landscape architect, geoscientist, or certified interior designer, who is found guilty by the board of any fraud or deceit in obtaining a license or certificate, or of attaching the licensee's or certificate holder's seal or signature to any plan, specification, report, plat, or other architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design document not prepared by the person signing or sealing it or under that person's direct supervision, or of gross negligence, incompetency, or misconduct in the practice of architecture, engineering, land surveying, landscape architecture, geoscience, or interior design, or upon conviction of any violation of sections 326.02 to 326.15 or amendments thereof, or of any crime involving moral turpitude or upon adjudication of insanity or incompetency.
Sec. 20. Minnesota Statutes 1994, section 326.111, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) If the board, or the complaint committee if authorized by the board, has a reasonable basis to believe that a person has engaged in an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, landscape architecture, geoscience, or the unauthorized use of the title certified interior designer, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce, the board, or the complaint committee if authorized by the board, may proceed as described in subdivisions 2 and 3.
(b) The board shall establish a complaint committee to investigate, mediate, or initiate administrative or legal proceedings on behalf of the board with respect to complaints filed with or information received by the board alleging or indicating the unauthorized practice of architecture, engineering, land surveying, landscape architecture, geoscience, or the unauthorized use of the title certified interior designer, or a violation of statute, rule, or order that the board has issued or is empowered to enforce. The complaint committee shall consist of five members of the board, with no more than one from each of the professions licensed by the board, and no more than two public members.
(c) Except as otherwise described in this section, all hearings shall be conducted in accordance with chapter 14.
Sec. 21. Minnesota Statutes 1994, section 326.111, subdivision 2, is amended to read:
Subd. 2. [LEGAL ACTION.] (a) When necessary to prevent the unauthorized practice of architecture, engineering, land surveying, landscape architecture, geoscience, or the unauthorized use of the title certified interior designer, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce, the board, or the complaint committee if authorized by the board, may bring an action in the name of the state in the district court in Ramsey county or in any county in which jurisdiction is proper to enjoin the act, practice, or violation and to enforce compliance with the statute, rule, or order. Upon a showing that a person has engaged in an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, landscape architecture, geoscience, or the unauthorized use of the title certified interior designer, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce, a permanent or temporary injunction, restraining order, or other appropriate relief shall be granted.
(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when the board shows that a person has engaged in an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, landscape architecture, geoscience, or the unauthorized use of the title certified interior designer, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce.
(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person from criminal prosecution by a competent authority or from disciplinary action by the board with respect to the person's license, certificate, or application for examination, license, or renewal.
Sec. 22. Minnesota Statutes 1994, section 326.111, subdivision 3, is amended to read:
Subd. 3. [CEASE AND DESIST ORDERS.] (a) The board, or the complaint committee if authorized by the board, may issue and have served upon a person an order requiring the person to cease and desist from the unauthorized practice of architecture, engineering, land surveying, landscape architecture, geoscience, or the unauthorized use of the title certified interior designer, or violation of the statute, rule, or order. The order shall be calculated to give reasonable notice of the rights of the person to request a hearing and shall state the reasons for the entry of the order.
(b) Service of the order is effective if the order is served on the person or counsel of record personally or by certified mail to the most recent address provided to the board for the person or counsel of record.
(c) Unless otherwise agreed by the board, or the complaint committee if authorized by the board, and the person requesting the hearing, the hearing shall be held no later than 30 days after the request for the hearing is received by the board.
(d) The administrative law judge shall issue a report within 30 days of the close of the contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, subpart 3. Within 30 days after receiving the report and any exceptions to it, the board shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.
(e) If no hearing is requested within 30 days of service of the order, the order becomes final and remains in effect until it is modified or vacated by the board.
(f) If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person is in default and the proceeding may be determined against that person upon consideration of the cease and desist order, the allegations of which may be considered to be true.
Sec. 23. Minnesota Statutes 1994, section 326.111, subdivision 4, is amended to read:
Subd. 4. [ACTIONS AGAINST APPLICANTS AND LICENSEES.] (a) The board may, by order, deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or certification of a person; censure or reprimand that person; condition or limit the person's practice; refuse to permit a person to sit for examination; or refuse to release the person's examination grades if the board finds that the order is in the public interest and the applicant, licensee, or certificate holder:
(1) has violated a statute, rule, or order that the board has issued or is empowered to enforce;
(2) has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not the conduct or acts relate to the practice of architecture, engineering, land surveying, landscape architecture, geoscience, or certified interior design, providing that the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to engage in the practice of architecture, engineering, land surveying, landscape architecture, geoscience, or certified interior design;
(3) has engaged in conduct or acts that are negligent or otherwise in violation of the standards established by Minnesota Rules, chapters 1800 and 1805, where the conduct or acts relate to the practice of architecture, engineering, land surveying, landscape architecture, geoscience, or use of the title certified interior designer;
(4) has been convicted of or has pled guilty or nolo contendere to a felony, an element of which is dishonesty or fraud, whether or not the person admits guilt, or has been shown to have engaged in acts or practices tending to show that the applicant or licensee is incompetent or has engaged in conduct reflecting adversely on the person's ability or fitness to engage in the practice of architecture, engineering, land surveying, landscape architecture, geoscience, or use of the title certified interior designer;
(5) employed fraud or deception in obtaining a certificate, license, renewal, or reinstatement or in passing all or a portion of the examination;
(6) has had the person's architecture, engineering, land surveying, landscape architecture, geoscience, or interior design license, certificate, right to examine, or other similar authority revoked, suspended, canceled, limited, or not renewed for cause in any state, commonwealth, or territory of the United States, in the District of Columbia, or in any foreign country;
(7) has had the person's right to practice before any federal, state, or other government agency revoked, suspended, canceled, limited, or not renewed;
(8) failed to meet any requirement for the issuance or renewal of the person's license or certificate;
(9) has attached the person's seal or signature to a plan, specification, report, plat, or other architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design document not prepared by the person sealing or signing it or under that person's direct supervision; or
(10) with respect to temporary suspension orders, has committed an act, engaged in conduct, or committed practices that may, or has in the opinion of the board, or the complaint committee if authorized by the board, resulted in an immediate threat to the public.
(b) In lieu of or in addition to any remedy provided in paragraph (a), the board may require, as a condition of continued licensure, possession of certificate, termination of suspension, reinstatement of license or certificate, examination, or release of examination grades, that the person:
(1) submit to a quality review of the person's ability, skills, or quality of work, conducted in such fashion and by such persons, entity, or entities as the board may require including, but not limited to, remedial education courses; and
(2) complete to the satisfaction of the board such continuing professional education courses as the board may specify by rule.
(c) Service of the order is effective if the order is served on the licensee, certificate holder, applicant, person, or counsel of record personally or by certified mail, to the most recent address provided to the board for the licensee, certificate holder, applicant, person, or counsel of record. The order shall state the reasons for the entry of the order.
(d) All hearings required by this section shall be conducted in accordance with chapter 14, except with respect to temporary suspension orders, as provided for in subdivision 5, paragraph (d).
Sec. 24. Minnesota Statutes 1994, section 326.111, subdivision 6, is amended to read:
Subd. 6. [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) The board may impose a civil penalty not to exceed $2,000 per violation upon a person who commits an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, landscape architecture, geoscience, or the unauthorized use of the title certified interior designer, or violates a statute, rule, or order that the board has issued or is empowered to enforce.
(b) The board may, in addition, impose a fee to reimburse the board for all or part of the cost of the proceedings resulting in disciplinary action authorized by this section, the imposition of civil penalties, or the issuance of a cease and desist order. The fee may be imposed when the board shows that the position of the person who commits an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, landscape architecture, geoscience, or the unauthorized use of the title certified interior designer, or violates a statute, rule, or order that the board has issued or is empowered to enforce is not substantially justified, unless special circumstances make an award unjust, notwithstanding the provisions of Minnesota Rules, part 1400.8401. The costs include, but are not limited to, the amount paid by the board for services from the office of administrative hearings, attorney fees, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and expense incurred by board members and staff.
Sec. 25. Minnesota Statutes 1994, section 326.12, is amended to read:
326.12 [LICENSE OR CERTIFICATE AS EVIDENCE; SEAL.]
Subdivision 1. [JUDICIAL PROOF.] The issuance of a license or certificate by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a licensed architect, licensed engineer, licensed land surveyor, licensed landscape architect, licensed geoscientist, or certified interior designer while the license or certificate remains unrevoked or has not expired or has not been suspended.
Subd. 2. [SEAL.] Each licensee or certificate holder may, upon registration, obtain a seal of a design approved by the board, bearing the licensee's or certificate holder's name and the legend "licensed architect," "licensed professional engineer," "licensed land surveyor," "licensed landscape architect," the appropriate licensed professional geoscientist legend as defined by the board, or "certified interior designer." Plans, specifications, plats, reports, and other documents prepared by a licensee or certificate holder may be stamped with the seal during the life of the license or certificate. A rubber stamp facsimile thereof may be used in lieu of the seal on tracings from which prints are to be made or on papers which would be damaged by the regular seal. It shall be unlawful for any one to stamp or seal any document with the stamp or seal after the license of the registrant named thereon has expired, been revoked or suspended, unless said license or certificate shall have been renewed or reissued.
Subd. 3. [CERTIFIED SIGNATURE.] Each plan, specification, plat, report, or other document which under sections 326.02 to 326.15 is prepared by a licensed architect, licensed engineer, licensed land surveyor, licensed landscape architect, licensed geoscientist, or certified interior designer must bear the signature of the licensed or certified person preparing it, or the signature of the licensed or certified person under whose direct supervision it was prepared. Each signature shall be accompanied by a certification that the signer is licensed under sections 326.02 to 326.15, by the person's license number, and by the date on which the signature was affixed. The provisions of this paragraph shall not apply to documents of an intraoffice or intracompany nature.
Sec. 26. Minnesota Statutes 1994, section 326.13, is amended to read:
326.13 [PRACTICE EXEMPT.]
Practice of architecture, engineering, landscape architecture,
or land surveying, or geoscience, or use of the
title certified interior designer in this state prior to
licensure by the board shall be permitted under the following
conditions and limitations:
(1) By any person or firm not a resident of and having no established place of business in this state, or any person or firm resident in this state, but whose arrival in the state is recent; provided, however, such person or a person connected with such firm:
(a) is registered or licensed and qualified to practice such profession in a state or country to which the board grants registration or licensure by comity in accordance with the provisions of section 326.10, subdivision 1, clause (2); and
(b) shall have filed an application for licensure as an architect, an engineer, a geoscientist, or a certified interior designer shall have paid the fee provided for in section 326.10, and shall have been notified by the board that the applicant meets the requirements for licensure or certification in this state and is entitled to receive a license or certificate;
(c) notwithstanding the provisions of paragraph (b) and prior to the notification provided for therein, an applicant who meets the requirements of paragraph (a) shall be permitted to practice in this state provided that such practice is limited solely to solicitation of work within the terms of sections 326.02 to 326.15;
(2) Practice as an architect, an engineer, a land surveyor,
or a landscape architect, or geoscientist, or use
of the title certified interior designer by any person not a
resident of, and having no established place of business in, this
state, as a consulting associate of an architect, an engineer, a
land surveyor, or a landscape architect, or a
geoscientist, or use of the title certified interior designer
licensed or certified under the provisions of sections 326.02 to
326.15; provided, the nonresident is licensed or certified and
qualified to practice the profession in a state or country to
which the board grants licensure or certification by comity in
accordance with the provisions of section 326.10, subdivision 1,
clause (2);
(3) Practice as an architect, an engineer, a land surveyor,
or a landscape architect, or a geoscientist, or use
of the title certified interior designer solely as an officer or
employee of the United States;
(4) Practice as a geoscientist by a person who would be qualified under sections 326.02 to 326.15 by virtue of experience and education while (i) engaged in exploration, development, extraction, and reclamation of minerals and mineral deposits or energy resources including sand, gravel, peat, industrial minerals, metallic minerals, iron ore, coal, oil, and gas and other mineral fuels; (ii) an employee of a corporation or agency engaged in such exploration, development, extraction, and reclamation of minerals and mineral deposits; (iii) acting in accordance with the provisions of section 82B.035, subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 2; or (iv) engaged in academic geoscience research.
Sec. 27. Minnesota Statutes 1994, section 326.14, is amended to read:
326.14 [CORPORATIONS AND PARTNERSHIPS AUTHORIZED.]
A corporation, partnership or other firm may engage in work of
an architectural or engineering character, in land surveying
or, in landscape architecture, or in
geoscience, or use the title of certified interior designer
in this state, provided the person or persons connected with such
corporation, partnership or other firm in responsible charge of
such work is or are licensed or certified as herein required for
the practice of architecture, engineering, land surveying,
and landscape architecture, and geoscience, and use
of the title of certified interior designer.
Sec. 28. [APPROPRIATION.]
$85,000 in fiscal year 1996 and $70,000 in fiscal year 1997 are appropriated from the general fund to the board of architecture, engineering, land surveying, landscape architecture, and geoscience for the purposes of sections 1 to 27."
Delete the title and insert:
"A bill for an act relating to occupations and professions; requiring licensure or certification of geoscientists; adding geoscientists to the board of architecture, engineering, land surveying, landscape architecture, and interior design; providing for certain duties for the board; appropriating money; amending Minnesota Statutes 1994, sections 214.01, subdivision 3; 214.04, subdivision 3; 319A.02, subdivision 2; 326.02, subdivisions 1, 4, 4a, and by adding a subdivision; 326.03, subdivisions 1 and 4; 326.04; 326.05; 326.06; 326.07; 326.08, subdivision 2; 326.09; 326.10, subdivisions 1, 2, and 7; 326.11, subdivision 1; 326.111, subdivisions 1, 2, 3, 4, and 6; 326.12; 326.13; and 326.14."
The motion prevailed and the amendment was adopted.
Bertram, Lieder, Molnau and Johnson, V., moved to amend S. F. No. 1170, as amended, as follows:
Page 22, line 6, after the period, insert "A government agency or local unit of government need sign and certify only the title page or first page of a highway construction document that is described in this subdivision; provided that all other pages must have printed or stamped on them a facsimile signature and the information required by this subdivision. The stamp or printed signature has the same force and effect as an actual signature."
Amend the title as follows:
Page 1, line 7, after the semicolon, insert "providing for signatures on certain documents;"
The motion prevailed and the amendment was adopted.
The Speaker called Trimble to the Chair.
Frerichs moved to amend S. F. No. 1170, as amended, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 214.01, subdivision 3, is amended to read:
Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.] "Non-health-related licensing board" means the board of teaching established pursuant to section 125.183, the board of barber examiners established pursuant to section 154.22, the board of assessors established pursuant to section 270.41, the board of architecture, engineering, land surveying, landscape architecture, geoscience, and interior design established pursuant to section 326.04, the board of accountancy established pursuant to section 326.17, the board of electricity established pursuant to section 326.241, the private detective and protective agent licensing board established pursuant to section 326.33, the board of boxing established pursuant to section 341.01, and the peace officer standards and training board established pursuant to section 626.841.
Sec. 2. Minnesota Statutes 1994, section 214.04, subdivision 3, is amended to read:
Subd. 3. [OFFICERS; STAFF.] The executive director of each health-related board and the executive secretary of each non-health-related board shall be the chief administrative officer for the board but shall not be a member of the board. The executive director or executive secretary shall maintain the records of the board, account for all fees received by it, supervise and direct employees servicing the board, and perform other services as directed by the board. The executive directors, executive secretaries, and other employees of the following boards shall be hired by the board, and the executive directors or executive secretaries shall be in the unclassified civil service, except as provided in this subdivision:
(1) dentistry;
(2) medical practice;
(3) nursing;
(4) pharmacy;
(5) accountancy;
(6) architecture, engineering, land surveying, landscape architecture, geoscience, and interior design;
(7) barber examiners;
(8) cosmetology;
(9) electricity;
(10) teaching;
(11) peace officer standards and training;
(12) social work;
(13) marriage and family therapy; and
(14) dietetics and nutrition practice.
The executive directors or executive secretaries serving the boards are hired by those boards and are in the unclassified civil service, except for part-time executive directors or executive secretaries, who are not required to be in the unclassified service. Boards not requiring full-time executive directors or executive secretaries may employ them on a part-time basis. To the extent practicable, the sharing of part-time executive directors or executive secretaries by boards being serviced by the same department is encouraged. Persons providing services to those boards not listed in this subdivision, except executive directors or executive secretaries of the boards and employees of the attorney general, are classified civil service employees of the department servicing the board. To the extent practicable, the commissioner shall ensure that staff services are shared by the boards being serviced by the department. If necessary, a board may hire part-time, temporary employees to administer and grade examinations.
Sec. 3. Minnesota Statutes 1994, section 319A.02, subdivision 2, is amended to read:
Subd. 2. "Professional service" means personal service rendered by a professional pursuant to a license or certificate issued by the state of Minnesota to practice medicine and surgery pursuant to sections 147.01 to 147.22, chiropractic pursuant to sections 148.01 to 148.105, registered nursing pursuant to sections 148.171 to 148.285, optometry pursuant to sections 148.52 to 148.62, psychology pursuant to sections 148.88 to 148.98, dentistry pursuant to sections 150A.01 to 150A.12, pharmacy pursuant to sections 151.01 to 151.40, podiatric medicine pursuant to Laws 1987, chapter 108, sections 1 to 16, veterinary medicine pursuant to sections 156.001 to 156.14, architecture, engineering, surveying, landscape architecture, certified geoscience, and certified interior design pursuant to sections 326.02 to 326.15, accountancy pursuant to sections 326.17 to 326.229, or law pursuant to sections 481.01 to 481.17, or pursuant to a license or certificate issued by another state pursuant to similar laws.
Sec. 4. Minnesota Statutes 1994, section 326.02, subdivision 1, is amended to read:
Subdivision 1. [LICENSURE OR CERTIFICATION MANDATORY.] In order to safeguard life, health, and property, and to promote the public welfare, any person in either public or private capacity practicing, or offering to practice, architecture, professional engineering, land surveying, or landscape architecture, or using the title certified geoscientist or interior designer in this state, either as an individual, a copartner, or as agent of another, shall be licensed or certified as hereinafter provided. It shall be unlawful for any person to practice, or to offer to practice, in this state, architecture, professional engineering, land surveying, or landscape architecture, or to use the title certified geoscientist or interior designer, or to solicit or to contract to furnish work within the terms of sections 326.02 to 326.15, or to use in connection with the person's name, or to otherwise assume, use or advertise any title or description tending to convey the impression that the person is an architect, professional engineer (hereinafter called engineer), land surveyor, landscape architect, certified geoscientist (hereinafter called geoscientist), or certified interior designer, unless such person is qualified by licensure or certification under sections 326.02 to 326.15.
Sec. 5. Minnesota Statutes 1994, section 326.02, is amended by adding a subdivision to read:
Subd. 3a. [CERTIFIED GEOSCIENTIST.] (a) For the purposes of sections 326.02 to 326.15, "certified geoscientist" means a person who is certified under section 326.10, to use the title certified geoscientist and who provides services in connection with the practice of geoscience. For the purposes of sections 326.02 to 326.15, "geoscience" means the science that includes treatment of the earth and its origin and history; the investigation, measurement, or sampling of the earth's constituent rocks, natural and induced fields of force, minerals, fossils, solids, soils, fluids including surface and underground waters, gases, and other materials; and the study, interpretation, and analysis of the natural agents, forces, and processes which cause changes in the earth.
(b) No person may use the title certified geoscientist unless that person has been certified as a geoscientist or has been exempted by the board. Persons represent themselves to the public as certified geoscientists if they use a title that incorporates the words certified geoscientist.
(c) Nothing in this section prohibits the use of the title geoscientist or geologist or the term geoscience or geology by persons not certified by the board.
(d) Nothing in this section restricts persons not certified by the board from providing geoscientific services and from saying that they provide such services, as long as they do not use the title certified geoscientist.
Sec. 6. Minnesota Statutes 1994, section 326.02, subdivision 4, is amended to read:
Subd. 4. [PRACTICE OF LAND SURVEYING.] Land surveying means the application of the principles of mathematics, physical and applied sciences and law to measuring and locating lines, angles, elevations and natural or artificial features in the air, on the surface of the earth, underground and on the beds of bodies of water for the purpose of:
(a) monumenting property boundaries;
(b) planning, designing, and platting of land and subdivisions including the topography, alignment and grades of streets; and
(c) preparing and perpetuating maps, record plats and property descriptions.
Any person who offers to perform, holds out as being able to perform, or who does perform land surveying for others shall be practicing land surveying.
Nothing contained in the provisions of sections 326.02 to
326.15, shall prohibit a licensed professional engineer,
architect, or landscape architect, or certified
geoscientist from doing any work included in the practice of
engineering, architecture and, landscape
architecture, and certified geoscience, if the work does
not involve the establishment or reestablishment of property
corners or property lines.
Sec. 7. Minnesota Statutes 1994, section 326.02, subdivision 4a, is amended to read:
Subd. 4a. [PRACTICE OF LANDSCAPE ARCHITECTURE.] Any person shall be deemed to be practicing landscape architecture, within the meaning of sections 326.02 to 326.15, who holds out as being able to perform or who does perform any professional service in connection with the development of land areas where the dominant purpose of the service is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings, approaches or environment for structures or other improvements, and the consideration and determination of inherent problems of the land relating to erosion, wear and tear, blight and hazards. This practice shall include the location and arrangement of tangible objects and features incidental and necessary to the purposes outlined but shall not include the design of structures or facilities with separate and self-contained purposes as ordinarily included in the practice of engineering or architecture or the preparation of boundary surveys or final land plats, as ordinarily included in the practice of land surveying.
Nothing contained in sections 326.02 to 326.15 concerning landscape architects shall be construed:
(a) To apply to a professional engineer duly registered under the laws of this state;
(b) To apply to an architect registered under the laws of this state;
(c) To apply to a land surveyor registered under the laws of this state;
(d) To prevent a registered architect or professional engineer from doing landscape planning and designing;
(e) To exclude nursery operators or other small business people from the preparation of landscape plans appropriate to the normal operation of their business;
(f) To authorize a landscape architect to engage in the
practice of architecture, engineering, or land
surveying;, or certified geoscience.
No person shall use the designation landscape architect or any title or device indicating or representing that the person is a landscape architect or is practicing landscape architecture unless the person is registered under the provisions of sections 326.02 to 326.15.
Sec. 8. Minnesota Statutes 1994, section 326.03, subdivision 1, is amended to read:
Subdivision 1. [PLANS; DOCUMENTS.] No person, except an architect, engineer, land surveyor, landscape architect, certified geoscientist, or certified interior designer, licensed or certified as provided for in sections 326.02 to 326.15 shall practice architecture, professional engineering, land surveying, or landscape architecture, or use the title certified geoscientist or interior designer, respectively, in the preparation of plans, specifications, reports, plats or other architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design documents, or in the observation of architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design projects. In preparation of such documents, reasonable care shall be given to compliance with applicable laws, ordinances, and building codes relating to design.
Sec. 9. Minnesota Statutes 1994, section 326.03, subdivision 4, is amended to read:
Subd. 4. [EXCEPTION FOR PERSONS ELECTED IN OFFICE.] The
provisions hereof shall not apply to any person holding an
elective office when in discharging the duties thereof such
person is required to do work or perform service of the character
of work or service usually done or performed by an architect,
engineer, land surveyor or, landscape architect,
or certified geoscientist.
Sec. 10. Minnesota Statutes 1994, section 326.04, is amended to read:
326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.]
To carry out the provisions of sections 326.02 to 326.15 there
is hereby created a board of architecture, engineering, land
surveying, landscape architecture, geoscience, and
interior design (hereinafter called the board) consisting
of 20 21 members, who shall be appointed by the
governor. Three members shall be licensed architects, five
members shall be licensed engineers, one member two
members shall be a licensed landscape architect
architects, two members shall be licensed land surveyors,
one member two members shall be a certified
interior designer designers, two members shall be
certified geoscientists, and eight five members
shall be public members. Not more than one member of said
the board shall be from the same branch of the profession
of engineering. The first certified interior designer member
and seventh and eighth members shall be appointed as soon as
possible and no later than 60 days after August 1, 1992, and
shall serve for a term to end on January 1, 1994. The
first geoscientist members need not be certified and shall be
appointed as soon as possible and no later than October 1, 1995.
One of these members shall serve for a term to end January 1,
1997. The other member shall serve for a term to end January 1,
1999. The second licensed landscape architect and certified
interior designer members shall be appointed to succeed the two
public members whose terms end on January 1, 1996. The second
licensed landscape architect and certified interior designer
members shall be appointed by the governor no later than October
1, 1995, and shall serve a term to end on January 1, 2000.
During the time from the appointment of these members until
January 1, 1996, the board shall consist of 23 members.
Membership terms, compensation of members, removal of members,
the filling of membership vacancies, and fiscal year and
reporting requirements shall be as provided in sections 214.07 to
214.09. The provision of staff, administrative services and
office space; the review and processing of complaints; the
setting of board fees; and other provisions relating to board
operations shall be as provided in chapter 214.
Sec. 11. Minnesota Statutes 1994, section 326.05, is amended to read:
326.05 [QUALIFICATIONS OF BOARD MEMBERS.]
Each member of the board shall be a resident of this state at the time of appointment. Each member except the public members shall have been engaged in the practice of the relevant profession for at least ten years and shall have been in responsible charge of work for at least five years. Each such member shall be a member in good standing of a recognized society of architects, engineers, land surveyors, landscape architects, geoscientists, or interior designers; and, except as provided in section 326.06, shall be a licensed architect, licensed engineer, licensed land surveyor, licensed landscape architect, certified geoscientists, or certified interior designer. The certified interior design member must have passed the National Council for Interior Design Qualifications test.
Sec. 12. Minnesota Statutes 1994, section 326.06, is amended to read:
326.06 [GENERAL POWERS AND DUTIES OF BOARD.]
Each member of the board shall receive a certificate of appointment from the governor, and, before beginning a term of office, shall file with the secretary of state the constitutional oath of office. The board shall adopt and have an official seal, which shall be affixed to all licenses granted; shall make all rules, not inconsistent with law, needed
in performing its duties; and shall fix standards for determining the qualifications of applicants for certificates, which shall not exceed the requirements contained in the curriculum of a recognized school of architecture, landscape architecture, engineering, geoscience, or interior design. The board shall make rules to define classes of buildings with respect to which persons performing services described in section 326.03, subdivision 2, may be exempted from the provisions of sections 326.02 to 326.15, by a finding of no probable risk to life, health, property or public welfare.
Sec. 13. Minnesota Statutes 1994, section 326.07, is amended to read:
326.07 [BOARD, MEETINGS OF, OFFICERS, QUORUM.]
The board shall hold meetings at such times as the bylaws of
the board may provide. Notice of all meetings shall be given in
such manner as the bylaws may provide. The board shall elect
annually from its members a chair, a vice-chair, a secretary and
a treasurer. A quorum of the board shall consist of not less
than ten 11 members, of whom four shall be
architects, landscape architects, land surveyors, or certified
interior designers, three four engineers or
geoscientists, and three public members.
Sec. 14. Minnesota Statutes 1994, section 326.08, subdivision 2, is amended to read:
Subd. 2. [MEMBERS.] Any member of the board, the executive secretary of the board, or the attorney for the board may be authorized by the board to attend any architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design conference or meeting held outside of this state, the major purpose of which is the consideration of problems directly associated with the registration or licensing of architects, professional engineers, land surveyors, landscape architects, certified geoscientists, or certified interior designers.
Sec. 15. Minnesota Statutes 1994, section 326.09, is amended to read:
326.09 [RECORDS OF BOARD.]
The board shall keep a record of its proceedings and a register of all applicants for licensing, showing for each the date of application, name, age, educational and other qualifications, place of business, and the place of residence, whether or not an examination was required and whether the applicant was rejected or a license granted, and the date of such action. The books and register of the board shall be prima facie evidence of all matters recorded therein. A roster showing the names and places of business or of residence of all licensed architects, engineers, land surveyors, landscape architects, certified geoscientists, and certified interior designers shall be prepared by the executive secretary of the board during the month of July, of each even numbered year. Roster supplements listing newly licensed persons shall be published semiannually between publications of the biennial roster. Rosters may be printed out of the funds of the board, as provided in section 326.08.
Sec. 16. Minnesota Statutes 1994, section 326.10, subdivision 1, is amended to read:
Subdivision 1. [ISSUANCE.] (a) The board shall on application therefor on a prescribed form, and upon payment of a fee prescribed by rule of the board, issue a license or certificate as an architect, engineer, land surveyor, landscape architect, certified geoscientist, or certified interior designer. A separate fee shall be paid for each profession licensed.
(1) To any person over 25 years of age, who is of good moral character and repute, and who has the experience and educational qualifications which the board by rule may prescribe.
(2) To any person who holds an unexpired certificate of registration or license issued by proper authority in the District of Columbia, any state or territory of the United States, or any foreign country, in which the requirements for registration or licensure of architects, engineers, land surveyors, landscape architects, certified geoscientists, or certified interior designers, respectively, at the time of registration or licensure in the other jurisdiction, were equal, in the opinion of the board, to those fixed by the board and by the laws of this state, and in which similar privileges are extended to the holders of certificates of registration or licensure issued by this state. The board may require such person to submit a certificate of technical qualification from the National Council of Architectural Registration Boards in the case of an architect, from the National Council of Engineering Examiners in the case of an engineer, from the National Council of Landscape Architects Registration Board in the case of a landscape architect, and from the National Council for Interior Design Qualifications in the case of a certified interior designer.
(b) Notwithstanding paragraph (a), for one year from the effective date of rules adopted by the board with respect to the certification of geoscientists, the board may accept as evidence that the applicant is qualified for certification in the discipline of geoscience:
(1) a record of graduation with a baccalaureate degree from a school or college having accreditation defined by the board and a geoscience or associated science curriculum approved by the board; and
(2) at least five years of active professional practice in the discipline of geoscience as approved by the board.
Sec. 17. Minnesota Statutes 1994, section 326.10, subdivision 2, is amended to read:
Subd. 2. [EXAMINATION.] The board may subject any applicant for licensure to such examinations as may be deemed necessary to establish qualifications.
In determining the qualifications in such cases of applicants for licensure as architects, a majority vote of the architect members of the board only shall be required; in determining the qualifications in such cases of applicants for licensure as engineers, a majority vote of the engineer members of the board only, shall be required; in determining the qualifications of applicants for registration as land surveyors, the affirmative vote of the land surveyor member and of one engineer of the board only, shall be required; in determining the qualifications of applicants for licensure as landscape architects, the affirmative vote of the landscape architect member of the board and of one architect member or one civil engineer member of the board only, shall be required; and in determining the qualifications of applicants for certification as certified interior designers, the affirmative vote of the interior designer member of the board, of two public members, and of one architect or engineer member of the board only, is required; and in determining the qualifications of applicants for certification as geoscientists, only the affirmative vote of the two geoscientist members of the board is required.
Sec. 18. Minnesota Statutes 1994, section 326.10, subdivision 7, is amended to read:
Subd. 7. [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING; LANDSCAPE ARCHITECT-IN-TRAINING; GEOSCIENTIST-IN-TRAINING.] (1) An applicant for certification as an engineer-in-training who is a graduate with a bachelor of engineering degree from a school or college having an engineering curriculum accredited by the engineers' council for professional development or whose education, in the opinion of the board, is equivalent thereto, shall receive from the board, upon passing an examination in fundamental engineering subjects, a certificate stating that the applicant has passed such examination and that the applicant's name has been recorded as an engineer-in-training.
(2) An applicant for certification as a land surveyor-in-training who has had a minimum of four years of qualifying experience of a character satisfactory to the board, of which a formal education in an accredited engineering or land surveying curriculum may constitute a part thereof, shall receive from the board, upon passing a written examination in the fundamentals of mathematics and the basic principles of land surveying, a certificate stating that the applicant has passed such examination and that the applicant's name has been recorded as a land surveyor-in-training.
(3) Any applicant for certification as a landscape architect-in-training who is a graduate with a degree from a school or college having a landscape architecture curriculum accredited by the American Society of Landscape Architects committee on education or who has had equivalent education or experience or a combination thereof of a grade and character acceptable to the board shall receive from the board, upon passing an examination in fundamental landscape architectural subjects, a certificate stating that the applicant has passed that examination and that the applicant's name has been recorded as a landscape architect-in-training.
(4) An applicant for certification as a geoscientist-in-training who is a graduate with a baccalaureate degree from a school or college having accreditation defined by the board and a geoscience or associated science curriculum approved by the board, shall receive from the board, upon passing the appropriate examination in fundamental geoscience subjects for the applicant's discipline as approved by the board, a certificate stating that the applicant's name has been recorded as a geoscientist-in-training with the appropriate geoscientist-in-training legend as approved by the board.
Sec. 19. Minnesota Statutes 1994, section 326.11, subdivision 1, is amended to read:
Subdivision 1. [REVOCATION OR SUSPENSION.] The board shall have the power to revoke or suspend the license or certificate of any architect, engineer, land surveyor, landscape architect, certified geoscientist, or certified interior designer, who is found guilty by the board of any fraud or deceit in obtaining a license or certificate, or of
attaching the licensee's or certificate holder's seal or signature to any plan, specification, report, plat, or other architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design document not prepared by the person signing or sealing it or under that person's direct supervision, or of gross negligence, incompetency, or misconduct in the practice of architecture, engineering, land surveying, landscape architecture, geoscience, or interior design, or upon conviction of any violation of sections 326.02 to 326.15 or amendments thereof, or of any crime involving moral turpitude or upon adjudication of insanity or incompetency.
Sec. 20. Minnesota Statutes 1994, section 326.111, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) If the board, or the complaint committee if authorized by the board, has a reasonable basis to believe that a person has engaged in an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, or landscape architecture, or the unauthorized use of the title certified geoscientist or interior designer, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce, the board, or the complaint committee if authorized by the board, may proceed as described in subdivisions 2 and 3.
(b) The board shall establish a complaint committee to investigate, mediate, or initiate administrative or legal proceedings on behalf of the board with respect to complaints filed with or information received by the board alleging or indicating the unauthorized practice of architecture, engineering, land surveying, or landscape architecture, or the unauthorized use of the title certified geoscientist or interior designer, or a violation of statute, rule, or order that the board has issued or is empowered to enforce. The complaint committee shall consist of five members of the board, with no more than one from each of the professions licensed by the board, and no more than two public members.
(c) Except as otherwise described in this section, all hearings shall be conducted in accordance with chapter 14.
Sec. 21. Minnesota Statutes 1994, section 326.111, subdivision 2, is amended to read:
Subd. 2. [LEGAL ACTION.] (a) When necessary to prevent the unauthorized practice of architecture, engineering, land surveying, or landscape architecture, or the unauthorized use of the title certified geoscientist or interior designer, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce, the board, or the complaint committee if authorized by the board, may bring an action in the name of the state in the district court in Ramsey county or in any county in which jurisdiction is proper to enjoin the act, practice, or violation and to enforce compliance with the statute, rule, or order. Upon a showing that a person has engaged in an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, or landscape architecture, or the unauthorized use of the title certified geoscientist or interior designer, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce, a permanent or temporary injunction, restraining order, or other appropriate relief shall be granted.
(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when the board shows that a person has engaged in an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, or landscape architecture, or the unauthorized use of the title certified geoscientist or interior designer, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce.
(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person from criminal prosecution by a competent authority or from disciplinary action by the board with respect to the person's license, certificate, or application for examination, license, or renewal.
Sec. 22. Minnesota Statutes 1994, section 326.111, subdivision 3, is amended to read:
Subd. 3. [CEASE AND DESIST ORDERS.] (a) The board, or the complaint committee if authorized by the board, may issue and have served upon a person an order requiring the person to cease and desist from the unauthorized practice of architecture, engineering, land surveying, or landscape architecture, or the unauthorized use of the title certified geoscientist or interior designer, or violation of the statute, rule, or order. The order shall be calculated to give reasonable notice of the rights of the person to request a hearing and shall state the reasons for the entry of the order.
(b) Service of the order is effective if the order is served on the person or counsel of record personally or by certified mail to the most recent address provided to the board for the person or counsel of record.
(c) Unless otherwise agreed by the board, or the complaint committee if authorized by the board, and the person requesting the hearing, the hearing shall be held no later than 30 days after the request for the hearing is received by the board.
(d) The administrative law judge shall issue a report within 30 days of the close of the contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, subpart 3. Within 30 days after receiving the report and any exceptions to it, the board shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.
(e) If no hearing is requested within 30 days of service of the order, the order becomes final and remains in effect until it is modified or vacated by the board.
(f) If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person is in default and the proceeding may be determined against that person upon consideration of the cease and desist order, the allegations of which may be considered to be true.
Sec. 23. Minnesota Statutes 1994, section 326.111, subdivision 4, is amended to read:
Subd. 4. [ACTIONS AGAINST APPLICANTS AND LICENSEES.] (a) The board may, by order, deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or certification of a person; censure or reprimand that person; condition or limit the person's practice; refuse to permit a person to sit for examination; or refuse to release the person's examination grades if the board finds that the order is in the public interest and the applicant, licensee, or certificate holder:
(1) has violated a statute, rule, or order that the board has issued or is empowered to enforce;
(2) has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not the conduct or acts relate to the practice of architecture, engineering, land surveying, landscape architecture, or certified geoscience or interior design, providing that the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to engage in the practice of architecture, engineering, land surveying, landscape architecture, certified geoscience, or certified interior design;
(3) has engaged in conduct or acts that are negligent or otherwise in violation of the standards established by Minnesota Rules, chapters 1800 and 1805, where the conduct or acts relate to the practice of architecture, engineering, land surveying, or landscape architecture, or use of the title certified geoscientist or interior designer;
(4) has been convicted of or has pled guilty or nolo contendere to a felony, an element of which is dishonesty or fraud, whether or not the person admits guilt, or has been shown to have engaged in acts or practices tending to show that the applicant or licensee is incompetent or has engaged in conduct reflecting adversely on the person's ability or fitness to engage in the practice of architecture, engineering, land surveying, or landscape architecture, or use of the title certified geoscientist or interior designer;
(5) employed fraud or deception in obtaining a certificate, license, renewal, or reinstatement or in passing all or a portion of the examination;
(6) has had the person's architecture, engineering, land surveying, landscape architecture, geoscience, or interior design license, certificate, right to examine, or other similar authority revoked, suspended, canceled, limited, or not renewed for cause in any state, commonwealth, or territory of the United States, in the District of Columbia, or in any foreign country;
(7) has had the person's right to practice before any federal, state, or other government agency revoked, suspended, canceled, limited, or not renewed;
(8) failed to meet any requirement for the issuance or renewal of the person's license or certificate;
(9) has attached the person's seal or signature to a plan, specification, report, plat, or other architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design document not prepared by the person sealing or signing it or under that person's direct supervision; or
(10) with respect to temporary suspension orders, has committed an act, engaged in conduct, or committed practices that may, or has in the opinion of the board, or the complaint committee if authorized by the board, resulted in an immediate threat to the public.
(b) In lieu of or in addition to any remedy provided in paragraph (a), the board may require, as a condition of continued licensure, possession of certificate, termination of suspension, reinstatement of license or certificate, examination, or release of examination grades, that the person:
(1) submit to a quality review of the person's ability, skills, or quality of work, conducted in such fashion and by such persons, entity, or entities as the board may require including, but not limited to, remedial education courses; and
(2) complete to the satisfaction of the board such continuing professional education courses as the board may specify by rule.
(c) Service of the order is effective if the order is served on the licensee, certificate holder, applicant, person, or counsel of record personally or by certified mail, to the most recent address provided to the board for the licensee, certificate holder, applicant, person, or counsel of record. The order shall state the reasons for the entry of the order.
(d) All hearings required by this section shall be conducted in accordance with chapter 14, except with respect to temporary suspension orders, as provided for in subdivision 5, paragraph (d).
Sec. 24. Minnesota Statutes 1994, section 326.111, subdivision 6, is amended to read:
Subd. 6. [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) The board may impose a civil penalty not to exceed $2,000 per violation upon a person who commits an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, or landscape architecture, or the unauthorized use of the title certified geoscientist or interior designer, or violates a statute, rule, or order that the board has issued or is empowered to enforce.
(b) The board may, in addition, impose a fee to reimburse the board for all or part of the cost of the proceedings resulting in disciplinary action authorized by this section, the imposition of civil penalties, or the issuance of a cease and desist order. The fee may be imposed when the board shows that the position of the person who commits an act or practice constituting the unauthorized practice of architecture, engineering, land surveying, or landscape architecture, or the unauthorized use of the title certified geoscientist or interior designer, or violates a statute, rule, or order that the board has issued or is empowered to enforce is not substantially justified, unless special circumstances make an award unjust, notwithstanding the provisions of Minnesota Rules, part 1400.8401. The costs include, but are not limited to, the amount paid by the board for services from the office of administrative hearings, attorney fees, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and expense incurred by board members and staff.
Sec. 25. Minnesota Statutes 1994, section 326.12, is amended to read:
326.12 [LICENSE OR CERTIFICATE AS EVIDENCE; SEAL.]
Subdivision 1. [JUDICIAL PROOF.] The issuance of a license or certificate by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a licensed architect, licensed engineer, licensed land surveyor, licensed landscape architect, certified geoscientist, or certified interior designer while the license or certificate remains unrevoked or has not expired or has not been suspended.
Subd. 2. [SEAL.] Each licensee or certificate holder may, upon registration, obtain a seal of a design approved by the board, bearing the licensee's or certificate holder's name and the legend "licensed architect," "licensed professional engineer," "licensed land surveyor," "licensed landscape architect," the appropriate certified geoscientist legend as defined by the board, or "certified interior designer." Plans, specifications, plats, reports, and other documents prepared by a licensee or certificate holder may be stamped with the seal during the life of the license or certificate. A rubber stamp facsimile thereof may be used in lieu of the seal on tracings from which prints are to be made or on papers which would be damaged by the regular seal. It shall be unlawful for any one to stamp or seal any document with the stamp or seal after the license of the registrant named thereon has expired, been revoked or suspended, unless said license or certificate shall have been renewed or reissued.
Subd. 3. [CERTIFIED SIGNATURE.] Each plan, specification, plat, report, or other document which under sections 326.02 to 326.15 is prepared by a licensed architect, licensed engineer, licensed land surveyor, licensed landscape architect, certified geoscientist, or certified interior designer must bear the signature of the licensed or certified person preparing it, or the signature of the licensed or certified person under whose direct supervision it was prepared. Each
signature shall be accompanied by a certification that the signer is licensed under sections 326.02 to 326.15, by the person's license number, and by the date on which the signature was affixed. The provisions of this paragraph shall not apply to documents of an intraoffice or intracompany nature.
Sec. 26. Minnesota Statutes 1994, section 326.13, is amended to read:
326.13 [PRACTICE EXEMPT.]
Practice of architecture, engineering, landscape architecture, or land surveying, or use of the title certified geoscientist or interior designer in this state prior to licensure or certification by the board shall be permitted under the following conditions and limitations:
(1) By any person or firm not a resident of and having no established place of business in this state, or any person or firm resident in this state, but whose arrival in the state is recent; provided, however, such person or a person connected with such firm:
(a) is registered or licensed and qualified to practice such profession in a state or country to which the board grants registration or licensure by comity in accordance with the provisions of section 326.10, subdivision 1, clause (2); and
(b) shall have filed an application for licensure as an architect, an engineer, or a certified geoscientist or interior designer shall have paid the fee provided for in section 326.10, and shall have been notified by the board that the applicant meets the requirements for licensure or certification in this state and is entitled to receive a license or certificate;
(c) notwithstanding the provisions of paragraph (b) and prior to the notification provided for therein, an applicant who meets the requirements of paragraph (a) shall be permitted to practice in this state provided that such practice is limited solely to solicitation of work within the terms of sections 326.02 to 326.15;
(2) Practice as an architect, an engineer, a land surveyor, or a landscape architect, or use of the title certified geoscientist or interior designer by any person not a resident of, and having no established place of business in, this state, as a consulting associate of an architect, an engineer, a land surveyor, or a landscape architect, or use of the title certified geoscientist or interior designer licensed or certified under the provisions of sections 326.02 to 326.15; provided, the nonresident is licensed or certified and qualified to practice the profession in a state or country to which the board grants licensure or certification by comity in accordance with the provisions of section 326.10, subdivision 1, clause (2);
(3) Practice as an architect, an engineer, a land surveyor, or a landscape architect, or use of the title certified geoscientist or interior designer solely as an officer or employee of the United States;
(4) Practice as a geoscientist by a person who would be qualified under sections 326.02 to 326.15 by virtue of experience and education while (i) engaged in exploration, development, extraction, and reclamation of minerals and mineral deposits or energy resources including sand, gravel, peat, industrial minerals, metallic minerals, iron ore, coal, oil, and gas and other mineral fuels; (ii) an employee of a corporation or agency engaged in such exploration, development, extraction, and reclamation of minerals and mineral deposits; (iii) acting in accordance with the provisions of section 82B.035, subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 2; or (iv) engaged in academic geoscience research.
Sec. 27. Minnesota Statutes 1994, section 326.14, is amended to read:
326.14 [CORPORATIONS AND PARTNERSHIPS AUTHORIZED.]
A corporation, partnership, or other firm may engage in work of an architectural or engineering character, in land surveying or in landscape architecture, or use the title of certified geoscientist or interior designer in this state, provided the person or persons connected with such corporation, partnership or other firm in responsible charge of such work is or are licensed or certified as herein required for the practice of architecture, engineering, land surveying, and landscape architecture, and use of the title of certified geoscientist or interior designer."
Delete the title and insert:
"A bill for an act relating to occupations and professions; requiring certification of geoscientists; adding geoscientists to the board of architecture, engineering, land surveying, landscape architecture, and interior design; providing for certain duties for the board; amending Minnesota Statutes 1994, sections 214.01, subdivision 3; 214.04, subdivision 3;
319A.02, subdivision 2; 326.02, subdivisions 1, 4, 4a, and by adding a subdivision; 326.03, subdivisions 1 and 4; 326.04; 326.05; 326.06; 326.07; 326.08, subdivision 2; 326.09; 326.10, subdivisions 1, 2, and 7; 326.11, subdivision 1; 326.111, subdivisions 1, 2, 3, 4, and 6; 326.12; 326.13; and 326.14."
A roll call was requested and properly seconded.
The question was taken on the Frerichs amendment and the roll was called. There were 55 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Koppendrayer Mulder Stanek Anderson, B. Finseth Kraus Olson, E. Sviggum Bettermann Frerichs Krinkie Olson, M. Swenson, H. Bishop Girard Larsen Onnen Tuma Boudreau Haas Leppik Osskopp Van Engen Bradley Hackbarth Lindner Ozment Vickerman Broecker Harder Lynch Paulsen Warkentin Commers Holsten Macklin Pawlenty Weaver Daggett Hugoson Mares Pellow Wolf Dehler Knight McElroy Rostberg Worke Dempsey Knoblach Molnau Seagren WorkmanThose who voted in the negative were:
Anderson, R. Goodno Leighton Orenstein Simoneau Bakk Greiling Lieder Orfield Skoglund Bertram Hausman Long Osthoff Smith Brown Huntley Lourey Ostrom Solberg Carlson Jaros Luther Otremba Swenson, D. Carruthers Jefferson Mahon Pelowski Tomassoni Clark Jennings Mariani Perlt Trimble Cooper Johnson, A. Marko Peterson Tunheim Dauner Johnson, R. McCollum Pugh Wagenius Davids Johnson, V. McGuire Rest Wejcman Dawkins Kahn Milbert Rhodes Wenzel Dorn Kalis Munger Rice Winter Entenza Kelley Murphy Rukavina Sp.Anderson,I Farrell Kelso Ness Sarna Garcia Kinkel Opatz SchumacherThe motion did not prevail and the amendment was not adopted.
S. F. No. 1170, A bill for an act relating to occupations and professions; requiring licensure or certification of geoscientists; adding geoscientists to the board of architecture, engineering, land surveying, landscape architecture, and interior design; providing for certain duties for the board; amending Minnesota Statutes 1994, sections 214.01, subdivision 3; 214.04, subdivision 3; 319A.02, subdivision 2; 326.02, subdivisions 1, 4, 4a, and by adding a subdivision; 326.03, subdivisions 1 and 4; 326.04; 326.05; 326.06; 326.07; 326.08, subdivision 2; 326.09; 326.10, subdivisions 1, 2, and 7; 326.11, subdivision 1; 326.111, subdivisions 1, 2, 3, 4, and 6; 326.12; 326.13; and 326.14.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 94 yeas and 37 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Garcia Knoblach Murphy Rukavina Bakk Girard Koppendrayer Ness Sarna Bertram Goodno Larsen Opatz Schumacher Brown Greenfield Leighton Orenstein Simoneau Carlson Greiling Lieder Orfield Skoglund Carruthers Hausman Long Osthoff Smith Clark Holsten Lourey Ostrom Solberg Cooper Huntley Luther Otremba Stanek Dauner Jaros Lynch Ozment Swenson, D. Davids Jefferson Macklin Pawlenty Tomassoni Dawkins Jennings Mahon Pellow TrimbleThose who voted in the negative were:
JOURNAL OF THE HOUSE - 62nd Day - Top of Page 4565
Dehler Johnson, A. Mares Pelowski Tunheim Delmont Johnson, R. Mariani Perlt Wagenius Dempsey Johnson, V. Marko Peterson Weaver Dorn Kahn McCollum Pugh Wejcman Entenza Kalis McGuire Rest Wenzel Erhardt Kelley Milbert Rhodes Worke Farrell Kelso Mulder Rice Sp.Anderson,I Finseth Kinkel Munger Rostberg
Abrams Daggett Krinkie Osskopp Vickerman Anderson, B. Frerichs Leppik Paulsen Warkentin Bettermann Haas Lindner Seagren Winter Bishop Hackbarth McElroy Sviggum Wolf Boudreau Harder Molnau Swenson, H. Workman Bradley Hugoson Olson, E. Tuma Broecker Knight Olson, M. Van Dellen Commers Kraus Onnen Van EngenThe bill was passed, as amended, and its title agreed to.
H. F. No. 1806, A resolution memorializing the government of the United States to refer matters of disagreement between the citizens of Minnesota and Ontario to the International Joint Commission for examination and determination under the Root-Bryce Treaty.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Skoglund Anderson, B. Frerichs Koppendrayer Olson, M. Smith Anderson, R. Garcia Kraus Onnen Solberg Bakk Girard Krinkie Opatz Stanek Bertram Goodno Larsen Orfield Sviggum Bettermann Greenfield Leighton Osskopp Swenson, D. Boudreau Greiling Leppik Osthoff Swenson, H. Bradley Haas Lieder Ostrom Tomassoni Broecker Hackbarth Lindner Otremba Trimble Brown Harder Long Ozment Tuma Carlson Hausman Lourey Paulsen Tunheim Carruthers Holsten Luther Pawlenty Van Dellen Clark Hugoson Lynch Pellow Van Engen Commers Huntley Macklin Pelowski Vickerman Cooper Jaros Mahon Perlt Wagenius Daggett Jefferson Mares Peterson Warkentin Dauner Jennings Mariani Pugh Weaver Davids Johnson, A. Marko Rest Wejcman Dawkins Johnson, R. McElroy Rhodes Wenzel Dehler Johnson, V. McGuire Rice Winter Delmont Kahn Milbert Rostberg Wolf Dempsey Kalis Molnau Rukavina Worke Dorn Kelley Mulder Sarna Workman Entenza Kelso Munger Schumacher Sp.Anderson,I Erhardt Kinkel Murphy Seagren Farrell Knight Ness SimoneauThe bill was passed and its title agreed to.
S. F. No. 399 was reported to the House.
Weaver, Cooper, Van Engen, Skoglund and McGuire moved to amend S. F. No. 399, the unofficial engrossment, as follows:
Page 15, after line 3, insert:
"Sec. 9. Minnesota Statutes 1994, section 171.30, subdivision 3, is amended to read:
Subd. 3. [CONDITIONS ON ISSUANCE.] The commissioner shall issue a limited license restricted to the vehicles whose operation is permitted only under a Class A, Class B, or Class CC license whenever a Class A, Class B, or
Class CC license has been suspended under section 171.18, or revoked under section 171.17, for violation of the highway traffic regulation act committed in a private passenger motor vehicle. This subdivision shall not apply to any persons described in section 171.04, subdivision 1, clauses (4), (5), (6), (8), (9), and (11), or any person whose license or privilege has been suspended or revoked for a violation of section 169.121 or 169.123, or a statute or ordinance from another state in conformity with either of those sections."
Page 14, line 14, delete "9" and insert "10"
Page 11, line 15, delete "8" and insert "9"
Correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Erhardt moved to amend S. F. No. 399, the unofficial engrossment, as amended, as follows:
Page 12, after line 32, insert:
"Sec. 8. Minnesota Statutes 1994, section 168.101, subdivision 2, is amended to read:
Subd. 2. [UNLAWFUL TRANSFER TO MINOR.] Any person who knowingly sells or in any manner knowingly transfers title of a passenger automobile or truck to a person who is prohibited from owning a passenger automobile or truck under the provisions of subdivision 1 shall be guilty of a misdemeanor.
Subd. 2a. [FAILURE TO SEND TO REGISTRAR WITHIN TEN
DAYS.] Any person who knowingly fails to mail in the
application for registration or transfer with appropriate
taxes and fees to the registrar of motor vehicles or
otherwise fails to submit said forms and remittance to the
registrar within 14 ten days following date of sale
shall be guilty of a misdemeanor.
Sec. 9. Minnesota Statutes 1994, section 168.15, is amended to read:
168.15 [RIGHTS AS TO REGISTRATION CERTIFICATES AND NUMBER PLATES.]
Upon the transfer of ownership, destruction, theft, dismantling
as such, or the permanent removal by the owner thereof from this
state of any motor vehicle registered in accordance with the
provisions of this chapter, the right of the owner of such
vehicle to use the registration certificate and number plates
assigned such vehicle shall expire, and such certificate and any
existing plates shall be, by such owner, forthwith returned, with
transportation prepaid, to the registrar with a signed notice of
the date and manner of termination of ownership, giving the name
and post office address, with street and number, if in a city, of
the person to whom transferred. No fee may be charged for a
return of plates under this section. When the ownership of a
motor vehicle shall be transferred to another who shall forthwith
register the same in the other's name, the registrar may permit
the manual delivery of such plates to the new owner of such
vehicle. When seeking to become the owner by gift, trade, or
purchase of any vehicle for which a registration certificate has
been theretofore issued under the provisions of this chapter, a
person shall join with the registered owner in transmitting with
the application the registration certificate, with the assignment
and notice of sale duly executed upon the reverse side thereof,
or, in case of loss of such certificate, with such proof of loss
by sworn statement, in writing, as shall be satisfactory to the
registrar. Upon the transfer of any motor vehicle by a
manufacturer or dealer, for use within the state, whether by
sale, lease, or otherwise, such manufacturer or dealer shall,
within seven ten days after such transfer, file
with the registrar a notice or report containing the date of such
transfer, a description of such motor vehicles, and the name,
street and number of residence, if in a city, and the post office
address of the transferee, and shall transmit therewith the
transferee's application for registration thereof.
Upon the transfer of any automobile engine or motor, except a new engine or motor, transferred with intent that the same be installed in a new automobile, and whether such transfer be made by a manufacturer or dealer, or otherwise, and whether by sale, lease or otherwise, the transferor shall, within two days after such transfer, file with the registrar a notice or report containing the date of such transfer and a description, together with the maker's number of the engine or motor, and the name and post office address of the purchaser, lessee, or other transferee.
Sec. 10. [168.301] [VEHICLE TRANSFER DEADLINES; FEES; SANCTIONS.]
Subdivision 1. [SURRENDER PLATES AND ASSIGN TAX PAID.] On transferring a motor vehicle, the transferor shall surrender the registration plates and assign the registration tax paid to the credit of the transferee.
Subd. 2. [TEN DAYS TO FILE.] The transferee's rights to the transferred vehicle's registration plates and credit for taxes paid on the vehicle expire after ten days have elapsed from the date of transfer unless the transfer has been filed as provided under section 168A.10.
Subd. 3. [LATE FEE.] In addition to any fee or tax otherwise authorized or imposed upon the transfer of title for a motor vehicle, the commissioner of public safety shall impose a $2 additional fee for failure to deliver a title transfer within 14 days.
Subd. 4. [REINSTATEMENT FEE.] When the commissioner has suspended license plates on a vehicle because the transferee has failed to deliver the title certificate within ten days as provided in subdivision 1, the transferee shall pay a $5 fee before the registration is reinstated.
Subd. 5. [VERIFICATION OF COMPLIANCE.] A person does not violate this section or section 168.09, subdivision 1, by reason of suspension, if the person provides verification from the registrar that the title transfer with fees and taxes were filed with the registrar prior to being cited for violating this section or the vehicle was purchased from a licensed Minnesota dealer. The verification of compliance must be presented to the appropriate law enforcement agency within seven days after being charged or to the court on or before the date set for appearance.
Subd. 6. [REGISTRATION SUSPENSION.] The commissioner of public safety may suspend the registration of any owner who violates this section.
Sec. 11. Minnesota Statutes 1994, section 168A.29, subdivision 3, is amended to read:
Subd. 3. [NO CERTIFICATE ISSUED UNTIL FEES PAID.] Subject to
subdivision 2, the department shall not issue a certificate of
title to a vehicle until all fees prescribed by sections
168.301, subdivision 3, and 168.54 and 168A.10,
subdivision 6, with respect to any prior transfer of
ownership or registration of the vehicle shall have been
paid."
Page 15, after line 3, insert:
"Sec. 14. [REPEALER.]
Minnesota Statutes 1994, section 168A.10, subdivision 6, is repealed."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 399, A bill for an act relating to recreational vehicles; driving while intoxicated; providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for designated, DWI-related offenses; extending vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles; amending Minnesota Statutes 1994, sections 84.83, subdivision 2; 84.927, subdivision 1; 169.1217, subdivision 1; and 171.30, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 84; and 86B.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 108 yeas and 20 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Ness Seagren Anderson, B. Frerichs Koppendrayer Olson, E. Skoglund Bettermann Garcia Larsen Olson, M. Stanek Boudreau Girard Leppik Onnen Sviggum Bradley Goodno Lieder Opatz Swenson, D. Broecker Greenfield Lindner Orenstein Swenson, H. Brown Greiling Long Orfield Trimble Carlson Haas Lourey Osskopp Tuma Carruthers Harder Luther Osthoff Tunheim Clark Hausman Lynch Ostrom Van Dellen Commers Holsten Macklin Otremba Van Engen Cooper Hugoson Mahon Ozment Vickerman Daggett Huntley Mares Paulsen Wagenius Dauner Jaros Mariani Pawlenty Warkentin Davids Jefferson Marko Pellow Weaver Dawkins Johnson, A. McCollum Pelowski Wejcman Dehler Johnson, R. McElroy Peterson Winter Dempsey Johnson, V. McGuire Pugh Wolf Dorn Kahn Molnau Rest Worke Entenza Kalis Mulder Rhodes Workman Erhardt Kelley Munger Rostberg Farrell Kelso Murphy SchumacherThose who voted in the negative were:
Anderson, R. Jennings Milbert Smith Bakk Kinkel Perlt Solberg Bertram Knight Rukavina Tomassoni Delmont Kraus Sarna Wenzel Hackbarth Krinkie Simoneau Sp.Anderson,IThe bill was passed, as amended, and its title agreed to.
S. F. No. 127, A bill for an act relating to state lands; authorizing the conveyance of certain tax-forfeited land that borders public water or natural wetlands in Hennepin county.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 113 yeas and 13 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Olson, M. Smith Anderson, B. Frerichs Krinkie Onnen Solberg Anderson, R. Girard Larsen Opatz Stanek Bakk Goodno Leighton Orenstein Sviggum Bertram Greenfield Leppik Osskopp Swenson, D. Bettermann Haas Lieder Osthoff Swenson, H. Bishop Hackbarth Lindner Ostrom Tomassoni Boudreau Harder Long Otremba Tuma Bradley Holsten Lourey Ozment Tunheim Broecker Hugoson Luther Paulsen Van Dellen Brown Huntley Lynch Pawlenty Van Engen Carlson Jaros Macklin Pellow Vickerman Carruthers Jefferson Mahon Pelowski Warkentin Commers Jennings Mares Perlt Weaver Cooper Johnson, A. Mariani Peterson Wejcman Daggett Johnson, R. Marko Pugh Wenzel Dauner Johnson, V. McElroy Rest Winter Davids Kalis Milbert Rhodes Wolf Dehler Kelley Molnau Rostberg Worke Dempsey Kinkel Mulder Rukavina Workman Dorn Knight Murphy Sarna Sp.Anderson,I Entenza Knoblach Ness Schumacher Erhardt Koppendrayer Olson, E. SeagrenThose who voted in the negative were:
Clark Garcia Kahn McGuire Wagenius Dawkins Greiling Kelso Munger Farrell Hausman McCollum TrimbleThe bill was passed and its title agreed to.
Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.
The House reconvened and was called to order by the Speaker.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 512:
Greenfield, Farrell and Pawlenty.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 538:
Carruthers, Orenstein and Smith.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 979:
Wagenius, Luther and Rhodes.
H. F. No. 1623 was reported to the House.
Wenzel moved that H. F. No. 1623 be returned to General Orders. The motion prevailed.
Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon immediately preceding General Orders for today:
H. F. No. 1584; S. F. Nos. 1444, 621, 462 and 801; H. F. No. 401; and S. F. No. 1033.
H. F. No. 1584, A bill for an act relating to human services; requiring the commissioner of human services to study and make recommendations on the administration of the community alternative care program, and to study and report on the effect on medical assistance waiver programs of medically fragile children in foster care.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 119 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abrams Erhardt Kinkel Ness Schumacher Anderson, B. Farrell Knoblach Olson, E. Seagren Anderson, R. Finseth Koppendrayer Olson, M. Skoglund Bakk Frerichs Kraus Onnen Solberg Bertram Garcia Larsen Opatz Stanek Bettermann Girard Leighton Orenstein Sviggum Bishop Goodno Leppik Orfield Swenson, D. Bradley Greenfield Lieder Osskopp Swenson, H. Broecker Greiling Lindner Osthoff Tomassoni Brown Haas Long Ostrom Trimble Carlson Hackbarth Lourey Otremba Tuma Carruthers Harder Luther Ozment Tunheim Clark Hausman Lynch Paulsen Van Dellen Commers Holsten Mahon Pawlenty Van Engen Cooper Huntley Mares Pellow Vickerman Daggett Jaros Mariani Perlt Wagenius Dauner Jefferson Marko Peterson Warkentin Davids Jennings McElroy Pugh Weaver Dawkins Johnson, A. McGuire Rest Wenzel Dehler Johnson, R. Milbert Rhodes Wolf Delmont Johnson, V. Molnau Rice Worke Dempsey Kahn Mulder Rostberg Workman Dorn Kalis Munger Rukavina Sp.Anderson,I Entenza Kelley Murphy SarnaThose who voted in the negative were:
Boudreau Knight KrinkieThe bill was passed and its title agreed to.
S. F. No. 1444 was reported to the House.
Rukavina moved to amend S. F. No. 1444 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING ON PUBLIC WATER; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis county shall sell by private sale the tax-forfeited lands bordering public water that are described in paragraphs (b), (c), and (d) under the remaining provisions of Minnesota Statutes, chapter 282. The conveyances must be in a form approved by the attorney general.
(b) The land described in this paragraph must be sold by private sale for $100, plus applicable deed taxes and recording and other fees, only to Daniel L. and Shelby K. Karakas, husband and wife. The land to be conveyed is located in Greenwood township and is described as follows:
That part of unplatted Government Lot 5 in section 1, Township 62, Range 17 lying within the following lines: (1) on the south by the southerly line of Government Lot 5, (2) on the west by the easterly line of the westerly 25 feet of Lot 2, Breezy Point Third Addition extended northerly to the shoreline, and (3) on the east by the easterly line of Government Lot 5, being .07 acres more or less.
The property is a small intervening strip of land between Lake Vermilion and the Karakas' property. It is not accessible or usable for any other purpose than as part of other property. The county assessor has determined that the Karakas' property has been assessed, and the Karakas have paid taxes on the property, as shoreland. The St. Louis county auditor and assessor have reviewed the proposed sale and have determined that the purchase price is equitable and that this sale best serves the land management interests of St. Louis county.
(c) The land described in this paragraph must be sold by private sale for $50 plus applicable deed taxes and recording fees only to Thomas A. and Nancy R. Ernst, husband and wife. The land to be conveyed is located in Greenwood township and is described as follows:
That part of unplatted Government Lot 5 in Section 1, Township 62, Range 17 lying within the following lines: (1) on the south by the southerly line of Government Lot 5, (2) on the west by the westerly line of Lot 2, Breezy Point Third Addition extended northerly to the shoreline, and (3) on the east by the easterly line of the westerly 25 feet of Lot 2, Breezy Point Third Addition extended northerly to the shoreline, being .02 acres more or less.
The property is a small intervening strip of land between Lake Vermilion and the Ernsts' property. It is not accessible or usable for any other purpose than as part of other property. The county assessor has determined that the Ernsts' property has been assessed, and the Ernsts' have paid taxes on the property, as shoreland. The St. Louis county auditor and assessor have reviewed the proposed sale and have determined that the purchase price is equitable and that this sale best serves the land management interests of St. Louis county.
(d) The land described in this paragraph must be sold by private sale for $4,569 plus applicable deed taxes and recording fees only to Ed Steblay. The land to be conveyed is described as follows:
That part of the Southwest one-quarter of the Northwest one-quarter of Section 5, Township 55 North, Range 14 West of the 4th principal meridian, further described as follows: Beginning at the Northeast corner of said Sixteenth Section which is a five-eighths inch iron rod, thence Westerly on the North line a distance of 11.55 feet to the highwater mark of Whiteface Reservoir, thence along the highwater mark; azimuth=189 degrees, 36 minutes, 13 seconds a distance of 42.80 feet; thence azimuth=241 degrees, 00 minutes, 26 seconds a distance of 100.09 feet; thence azimuth=264 degrees, 57 minutes, 17 seconds a distance of 71.34 feet; thence azimuth=123 degrees, 53 minutes, 18 seconds a distance of 62.08 feet; thence azimuth=157 degrees, 11 minutes, 24 seconds a distance of 50.37 feet; thence azimuth=103 degrees, 24 minutes, 42 seconds a distance of 56.77 feet; thence azimuth=63 degrees, 53 minutes, 21 seconds a distance of 59.80 feet to a point on the East line of said Sixteenth Section; thence Northerly on the East line a distance of 165.28 feet to the point of beginning. This parcel contains 0.36 acres more or less.
This sale will resolve a problem arising from a resurvey. The St. Louis county auditor and assessor have reviewed the proposed sale and have determined that the purchase price is equitable and that this sale best serves the land management interests of St. Louis county.
Sec. 2. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING ON PUBLIC WATERS; ST. LOUIS COUNTY.]
Subdivision 1. [SALE REQUIREMENTS.] (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis county may sell the tax-forfeited lands bordering public water that are described in subdivision 2, under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general.
(c) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.
Subd. 2. [DESCRIPTIONS.] The parcels of land that may be conveyed are located in St. Louis county and, as set forth in each of the following clauses, are legally described as specified and are located on the water body named.
(1) Lots 88 and 89, Plat of Vermilion Dells, Sec. 11, Twp. 62, Rge. 16 W. Located on Lake Vermilion;
(2) That part of Lot 90 lying within Sec. 2, Twp. 62, Rge. 16 W. Located on Lake Vermilion; and
(3) That part of Lot 90 lying within Sec. 11, Twp. 62, Rge. 16 W. Located on Lake Vermilion.
Sec. 3. [SALE OF TAX-FORFEITED LAND; KOOCHICHING COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Koochiching county may sell for not less than the appraised value the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general.
(c) The land that may be conveyed is three parcels.
Parcel number 1 is: Plat of Forest Point - Lot 62.
Parcel number 2 is: Two acres of Government Lot 2 described as follows:
Commencing at waters edge of Rainy River where 1/4 line on West side of Lot 2 intersects said river, thence due South 40 rods alongside 1/4 line, thence due East 8 rods, thence due North 40 rods, thence due West 8 rods to place of beginning. Section 33, Township 160N, Range 26W.
Parcel number 3 is: Plat of Mizpah - Lots 13, 14, 15, 16, 17, and 18, Block 4.
(d) The county has determined that the county's land management interests would best be served if the lands described in paragraph (c) were returned to private ownership.
Sec. 4. [FILLMORE COUNTY; SALE OF TAX-FORFEITED LAND TO THE CITY OF PRESTON.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Fillmore county may sell to the city of Preston the tax-forfeited lands bordering the Root river in the city of Preston that are described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyances must be in a form approved by the attorney general and must provide that the land reverts to the state of Minnesota if it is not used for recreational trail purposes.
(c) The land that may be conveyed is legally described as Lots 3 and 4, Block 3, John Kaercher's Addition, City of Preston.
(d) The county has determined that the land is needed by the city for recreational trail purposes.
Sec. 5. [EFFECTIVE DATE.]
Sections 1 to 4 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to state lands; providing for the sale of certain tax-forfeited lands in St. Louis, Koochiching, and Fillmore counties."
The motion prevailed and the amendment was adopted.
Rukavina moved to amend S. F. No. 1444, as amended, as follows:
Page 5, after line 16, insert:
"Sec. 5. Laws 1995, chapter 108, section 5, is amended to read:
Sec. 5. [SALE OF TRUST FUND LANDS.]
Notwithstanding any law to the contrary, the following
described trust fund lands, Lot 1, Block 1, Gold Mine on the
River, and Government Lot 7, except the part platted as Lots 2
and 3, all in Section 36, Township 67 North, Range 18 West, St.
Louis county, may be sold to the lessee under the
provisions in Minnesota Statutes, chapter 92.
Sec. 6. [SALE OF IRRRB LANDS.]
Notwithstanding Minnesota Statutes, sections 94.09 to 94.13, the Iron Range Resources and Rehabilitation Board may sell on behalf of the state, the land described in this section to the city of Eveleth for no consideration. The land
that may be sold is described as follows: That part of the Northwest one-quarter of the Northeast one-quarter of Section 17, Township 57 North, Range 17 West lying east of the east right-of-way line of State Highway No. 53, and containing 1.31 acres more or less.
The conveyance must be in a form approved by the attorney general and must reserve to the state all minerals and mineral rights. The city of Eveleth must pay any costs and expenses related to the sale.
The Iron Range Resources and Rehabilitation Board has determined that this parcel of land is not needed for its purposes and that the city of Eveleth needs it for municipal purposes.
Sec. 7. [TRANSFER OF NONCONFORMING SHORELAND LOTS WITHIN THE MISSISSIPPI HEADWATERS CORRIDOR IN CROW WING COUNTY.]
Subdivision 1. [DEFINITION.] (a) The definitions in this subdivision apply to this section.
(b) "Board" means the Mississippi headwaters board established under Minnesota Statutes, section 103F.367.
(c) "Plan" means the comprehensive land use plan approved by the board and dated July 1, 1992.
Subd. 2. [AUTHORIZATION.] Crow Wing county may allow the sale or transfer, as a separate parcel, of a lot within shoreland, as defined in Minnesota Statutes, section 103F.205, subdivision 4, that:
(1) is located wholly within the Mississippi headwaters corridor, as identified in the plan;
(2) is one of a group of two or more contiguous lots that have been under the same common ownership since July 1, 1981; and
(3) does not meet the residential lot size requirements in the model standards and criteria adopted by the commissioner of natural resources under Minnesota Statutes, section 103F.211.
Subd. 3. [SELLER TO INFORM BUYER.] Before a contiguous lot is sold under the authority granted in subdivision 2, the seller shall inform the buyer in writing of the extent to which the lot does not meet the residential lot size requirements in the model standards and criteria adopted by the commissioner of natural resources under Minnesota Statutes, section 103F.211.
Subd. 4. [REPEALER.] This section is repealed effective January 1, 1997.
Sec. 8. [CONVEYANCE TO THE CITY OF AKELEY.]
(a) Notwithstanding Minnesota Statutes, sections 84.027, subdivision 10, and 94.09 to 94.16, the commissioner of natural resources shall convey the land described in paragraph (c) to the city of Akeley for no consideration.
(b) The conveyance must be in a form approved by the attorney general and must provide that the land reverts to the state if it ceases to be used for the purposes described in paragraph (d). If the land is pledged as security for a loan for these purposes, the right of reverter is waived in favor of the lender.
(c) The land to be conveyed is located in Hubbard county and is described as follows: Lots nine (9) and ten (10) in block five (5), and all of block six (6), of the Plat of Akeley Industrial Gardens.
(d) The city of Akeley intends to use the land for expansion of a city park and for senior citizen housing."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Dorn moved to amend S. F. No. 1444, as amended, as follows:
Page 5, after line 17, insert:
"Sec. 6. [MANKATO STATE UNIVERSITY.]
Mankato State University may sell to the city of Mankato for fair market value approximately 2.66 acres of land in the area of Warren Street, Stadium Road, and Hiniker Mill Road for use as a detention basin. The university may also grant the city of Mankato a permanent utility easement in order to provide the city access to the basin."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Kinkel and Wenzel moved to amend S. F. No. 1444, as amended, as follows:
Page 1, after line 5, insert:
"Section 1. [103F.217] [TRANSFER OF NONCONFORMING SHORELAND LOTS WITHIN MISSISSIPPI HEADWATERS CORRIDOR.]
Subdivision 1. [DEFINITIONS.] The definitions in section 103F.365, apply to this section.
Subd. 2. [AUTHORIZATION.] Notwithstanding section 103F.215, the counties of Crow Wing, Hubbard, Cass, and Morrison may allow the sale or transfer, as a separate parcel, of a lot within shoreland, as defined in section 103F.205, subdivision 4, that:
(1) is located wholly within the Mississippi headwaters corridor, as identified in the plan or is located anywhere within Hubbard county;
(2) is one of a group of two or more contiguous lots that have been under the same common ownership since July 1, 1981; and
(3) does not meet the residential lot size requirements in the model standards and criteria adopted by the commissioner of natural resources under section 103F.211.
Subd. 3. [SELLER TO INFORM BUYER.] Before a contiguous lot is sold under the authority granted in subdivision 2, the seller shall inform the buyer in writing of the extent to which the lot does not meet the residential lot size requirements in the model standards and criteria adopted by the commissioner of natural resources under Minnesota Statutes, section 103F.211.
Subd. 4. [REPEALER.] This section is repealed effective January 1, 1997.
Subd. 5. [EFFECTIVE DATE.] This section is effective the day following final enactment."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Haas and Luther moved to amend S. F. No. 1444, as amended, as follows:
Page 5, after line 16, insert:
"Sec. 5. [SALE OF TAX FORFEITED LAND; HENNEPIN COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, Hennepin county may sell the tax-forfeited land bordering public water that is described in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general and subject to a restrictive covenant in a form prescribed by the commissioner of natural resources, which includes at least a 120-foot strip for protection along Shingle Creek and also protection of associated wetlands.
(c) The land that may be conveyed is located in the city of Brooklyn Park, Hennepin county, and is described as:
That part of the southwest quarter of the southeast quarter of section 30, township 119, range 21, lying south of the north 520.14 feet thereof and lying northwesterly of a line drawn from a point on the east line of said southwest quarter of the southeast quarter distant 150.60 feet south of the northeast corner thereof to a point on the south line of said southwest quarter of the southeast quarter distant 80 feet east of the southwest corner thereof.
(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership."
Page 5, line 18, delete "4" and insert "5"
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Mulder offered an amendment to S. F. No. 1444, as amended.
Carruthers raised a point of order pursuant to rule 3.10 that the Mulder amendment was not in order. The Speaker ruled the point of order not well taken and the amendment in order.
Carruthers raised a point of order pursuant to rule 3.09 that the Mulder amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.
The Speaker called Trimble to the Chair.
S. F. No. 1444, A bill for an act relating to state lands; providing for the sale of certain tax-forfeited lands in St. Louis county; authorizing Crow Wing county to allow the sale of certain nonconforming lots within the Mississippi headwaters corridor; requiring the commissioner of natural resources to convey certain land to the city of Akeley; authorizing the sale of certain trust fund lands.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 119 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Koppendrayer Onnen Skoglund Anderson, B. Finseth Kraus Opatz Smith Anderson, R. Frerichs Larsen Orenstein Solberg Bakk Garcia Leighton Orfield Stanek Bertram Girard Lieder Osskopp Sviggum Bettermann Greiling Lindner Ostrom Swenson, D. Bishop Haas Long Otremba Swenson, H. Bradley Hackbarth Lourey Ozment Tomassoni Brown Harder Luther Paulsen Trimble Carlson Holsten Lynch Pawlenty Tunheim Carruthers Hugoson Macklin Pellow Van Dellen Clark Huntley Mahon Pelowski Van Engen Commers Jaros Mares Perlt Vickerman Cooper Jefferson Mariani Peterson Wagenius Daggett Jennings Marko Pugh Warkentin Dauner Johnson, A. McCollum Rest Weaver Davids Johnson, R. McElroy Rhodes Wejcman Dawkins Johnson, V. Milbert Rice Wenzel Dehler Kahn Molnau Rostberg Winter Delmont Kalis Mulder Rukavina Wolf Dempsey Kelley Murphy Sarna Worke Dorn Kelso Ness Schumacher Workman Entenza Kinkel Olson, E. Seagren Sp.Anderson,I Erhardt Knoblach Olson, M. SimoneauThose who voted in the negative were:
Boudreau Hausman Leppik Osthoff Broecker Knight McGuire Tuma Greenfield Krinkie MungerThe bill was passed, as amended, and its title agreed to.
S. F. No. 621 was reported to the House.
Milbert moved to amend S. F. No. 621 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 97A.015, subdivision 45, is amended to read:
Subd. 45. [SMALL GAME.] "Small game" means game birds, gray squirrel, fox squirrel, cottontail rabbit, least weasel, short-tailed weasel, long-tailed weasel, spotted skunk (civet cat), snowshoe hare, jack rabbit, raccoon, lynx, bobcat, red fox and gray fox, fisher, pine marten, opossum, badger, cougar, wolverine, muskrat, mink, otter, and beaver.
Sec. 2. Minnesota Statutes 1994, section 97A.015, subdivision 53, is amended to read:
Subd. 53. [UNPROTECTED WILD ANIMALS.] "Unprotected wild
animals" means wild animals that are not protected wild animals
including weasel, coyote (brush wolf), gopher, porcupine,
skunk, civet cat, and unprotected birds.
Sec. 3. Minnesota Statutes 1994, section 97A.411, subdivision 1, is amended to read:
Subdivision 1. [LICENSE PERIOD.] A license is valid during the lawful time within the license year that the licensed activity may be performed. A license year begins on the first day of March and ends on the last day of February. An angling license issued for a limited term of hours or days shall be dated to commence on 12:01 a.m. on that date selected by the licensee, provided that the license term is within season opening and closing dates.
Sec. 4. Minnesota Statutes 1994, section 97A.451, subdivision 3, is amended to read:
Subd. 3. [PERSONS UNDER AGE 16; SMALL GAME.] (a) A person under age 16 may not obtain a small game license but may take small game by firearms or bow and arrow without a license if the person is a resident:
(1) age 14 or 15 and possesses a firearms safety certificate;
(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or guardian; or
(3) age 12 or under and is accompanied by a parent or guardian.
(b) A resident under age 16 may take small game by trapping
without a small game license, but a resident over age 13
years of age or older must have a trapping license. A
resident under age 14 13 may trap without a
trapping license.
Sec. 5. Minnesota Statutes 1994, section 97B.605, is amended to read:
97B.605 [COMMISSIONER MAY RESTRICT TAKING OF CERTAIN SMALL GAME ANIMALS.]
The commissioner may prescribe restrictions on and designate areas where gray and fox squirrels, cottontail and jack rabbits, snowshoe hare, least, short-tailed, and long-tailed weasels, spotted skunk, raccoon, lynx, bobcat, red fox and gray fox, fisher, pine marten, opossum, and badger may be taken and possessed.
Sec. 6. [97B.636] [COYOTES, SKUNKS, AND WEASELS.]
The commissioner may establish open seasons and prescribe restrictions on taking spotted skunks, least weasels, short-tailed weasels, and long-tailed weasels.
Sec. 7. Minnesota Statutes 1994, section 97B.655, subdivision 1, is amended to read:
Subdivision 1. [OWNERS AND OCCUPANTS MAY TAKE CERTAIN ANIMALS.] A person may take mink, weasel, squirrel, rabbit, hare, raccoon, lynx, bobcat, fox, muskrat, or beaver on land owned or occupied by the person where the animal is causing damage. The person may take the animal without a license and in any manner except by poison, or artificial lights in the closed season. Raccoons may be taken under this subdivision with artificial lights during open season. A person that kills mink, raccoon, lynx, bobcat, fox, muskrat, or beaver under this subdivision must bring the entire animal to a conservation officer or employee of the division within 24 hours after the animal is killed.
Sec. 8. Minnesota Statutes 1994, section 97C.025, is amended to read:
97C.025 [FISHING AND MOTORBOATS PROHIBITED IN CERTAIN AREAS.]
(a) Except as provided in paragraph (b), a person may not
take fish from or drive motorboats over posted the
commissioner may prohibit fishing or the operation of motorboats
by posting waters that:
(1) are designated as spawning beds or fish preserves; or
(2) are being used by the commissioner for fisheries research or management activities.
An area may be posted under this paragraph if necessary to prevent excessive depletion of fish or interference with fisheries research or management activities.
(b) An owner of riparian land adjacent to an area posted under paragraph (a) may operate a motorboat through the area by the shortest direct route at a speed of not more than five miles per hour.
Sec. 9. Minnesota Statutes 1994, section 97C.321, subdivision 2, is amended to read:
Subd. 2. [ICE FISHING.] A person may use an unattended line to take fish through the ice if:
(1) the person is within sight of the line; or
(2) a tip-up is attached to the line and the person is within
80 feet unaided visual contact of the tip-up.
Sec. 10. Minnesota Statutes 1994, section 97C.345, subdivision 1, is amended to read:
Subdivision 1. [PERIOD WHEN USE PROHIBITED.] Except as
specifically authorized, a person may not take fish from the
third Monday in February 16 to April 30 with a spear,
fish trap, net, dip net, seine, or other device capable of taking
fish.
Sec. 11. Minnesota Statutes 1994, section 97C.345, subdivision 2, is amended to read:
Subd. 2. [POSSESSION.] (a) Except as specifically authorized, a person may not possess a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any waters. Possession includes personal possession and in a vehicle.
(b) A person may possess spears, dip nets, bows and arrows, and
spear guns allowed under section 97C.381 on or near waters
between sunrise and sunset between from May 1
and up to, but not including, the third Monday in
February 15.
Sec. 12. Minnesota Statutes 1994, section 97C.345, subdivision 3, is amended to read:
Subd. 3. [DIP NETS.] A person may possess and use a dip net
between one hour before sunrise and one hour after sunset
between from May 1 and up to, but not
including, the third Monday in February 15.
Sec. 13. Minnesota Statutes 1994, section 97C.371, subdivision 4, is amended to read:
Subd. 4. [OPEN SEASON.] The open season for spearing through
the ice is December 1 up to, but not including, the
third Monday in February 15.
Sec. 14. Minnesota Statutes 1994, section 97C.395, subdivision 1, is amended to read:
Subdivision 1. [DATES FOR CERTAIN SPECIES.] (a) The open seasons to take fish by angling are as follows:
(1) for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend up to, but not including, the third Monday in February;
(2) for lake trout, from January 1 to October 31;
(3) for brown trout, brook trout, rainbow trout, and splake, between January 1 to October 31 as prescribed by the commissioner by rule except as provided in section 97C.415, subdivision 2; and
(4) for salmon, as prescribed by the commissioner by rule.
(b) The commissioner shall close the season in areas of the state where fish are spawning and closing the season will protect the resource.
Sec. 15. Minnesota Statutes 1994, section 97C.821, is amended to read:
97C.821 [POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL FISH.]
Subject to the applicable provisions of the game and fish laws,
fish taken under commercial fishing licenses may be possessed in
any quantity, bought, sold, and transported during the open
seasons provided for the fish, and for seven days after the
season closes. Fish frozen or cured during the open season may
be transported, bought, and sold at any time. Commercial
fishing licensees may transport their catch live to holding
facilities, if the licensee has exclusive control of the
facilities. Commercial fishing licensees may harvest fish from
their holding facilities at any time with their licensed gear.
The commissioner may prohibit the transport of live fish taken
under a commercial fishing license from waters that contain
exotic species.
Sec. 16. [REPEALER.]
Minnesota Statutes 1994, section 97B.301, subdivision 5, is repealed."
Delete the title and insert:
"A bill for an act relating to game and fish; extending protected status to and authorizing seasons on certain wild animals; dating of short-term nonresident angling licenses; clarifying the age for trapping without a license; posting of waters to prohibit fishing or motorboat operation; adjusting opening and closing dates of various seasons for taking fish; removing time limits on sale of fish by commercial licensees; amending Minnesota Statutes 1994, sections 97A.015, subdivisions 45 and 53; 97A.411, subdivision 1; 97A.451, subdivision 3; 97B.605; 97B.655, subdivision 1; 97C.025; 97C.321, subdivision 2; 97C.345, subdivisions 1, 2, and 3; 97C.371, subdivision 4; 97C.395, subdivision 1; and 97C.821; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 1994, section 97B.301, subdivision 5."
The motion prevailed and the amendment was adopted.
Milbert; Bakk; Johnson, V., and Munger moved to amend S. F. No. 621, as amended, as follows:
Page 1, after line 19, insert:
"Section 1. [18.316] [DEFINITIONS.]
Subdivision 1. [ECOLOGICALLY HARMFUL EXOTIC SPECIES.] "Ecologically harmful exotic species" has the meaning given in section 84.967.
Subd. 2. [UNDESIRABLE EXOTIC SPECIES.] "Undesirable exotic species" means ecologically harmful exotic species that have been determined by the commissioner of natural resources to pose a substantial threat to native species in this state.
Subd. 3. [WATERCRAFT.] "Watercraft" means any contrivance used or designed for navigation on water and includes seaplanes.
Subd. 4. [WATER MILFOIL.] "Water milfoil" means Eurasian, Northern, whorled, or any other species in the genus Myriophyllum.
Subd. 5. [WATERS OF THE STATE.] "Waters of the state" has the meaning given in section 103G.005, subdivision 17.
Subd. 6. [ZEBRA MUSSELS.] "Zebra mussels" means a species of the genus Dreissena.
Sec. 2. Minnesota Statutes 1994, section 18.317, is amended to read:
18.317 [UNDESIRABLE EXOTIC AQUATIC PLANTS OR WILD
ANIMALS SPECIES.]
Subdivision 1. [TRANSPORTATION PROHIBITED.] Except as provided
in subdivision 2, a person may not transport Eurasian or
Northern water milfoil, myriophyllum spicatum or
exalbescens, zebra mussels, or undesirable exotic
aquatic plants or wild animals identified by the commissioner
of natural resources species on a road or highway, as
defined in section 160.02, subdivision 7, or on forest roads.
Subd. 1a. [PLACEMENT PROHIBITED.] A person may not
intentionally place undesirable exotic aquatic plants or wild
animals, as defined in section 84.967 species, identified
by the commissioner of natural resources, in public waters
within the state.
Subd. 2. [EXCEPTION.] Except as otherwise prohibited by
law, a person may transport Eurasian or Northern water
milfoil, myriophyllum spicatum or exalbescens, or
other undesirable exotic aquatic plants or wild animals
identified by the commissioner of natural resources
species for disposal as part of a harvest or control
activity conducted under a permit or as specified by the
commissioner.
Subd. 3. [LAUNCHING OF WATERCRAFT WITH EURASIAN OR
NORTHERN WATER MILFOIL OR OTHER HARMFUL AND
UNDESIRABLE SPECIES PROHIBITED.] (a) A person may not place a
trailer or launch a watercraft into waters of the state if the
trailer or watercraft has attached to it Eurasian or
Northern water milfoil, zebra mussels, or other undesirable
exotic aquatic plants or wild animals identified by the
commissioner of natural resources species. A
conservation officer or other licensed peace officer may order
the removal of Eurasian or Northern water milfoil, zebra
mussels, or other undesirable exotic aquatic plants or wild
animals identified by the commissioner of natural resources
species from a trailer or watercraft before being placed
or launched into waters of the state.
(b) For purposes of this section, the meaning of watercraft
includes a float plane and "waters of the state" has the meaning
given in section 103G.005, subdivision 17.
(c) A commercial harvester shall clean aquatic plant
harvesting equipment of all aquatic vegetation at a suitable
location before launching the equipment in another body of
water.
Subd. 3a. [INSPECTION OF WATERCRAFT AND EQUIPMENT.] Watercraft
and associated equipment, including weed harvesters, that are
removed from any waters of the state that the commissioner of
natural resources identifies as being contaminated with
Eurasian water milfoil, zebra mussels, or other
undesirable exotic aquatic plants or wild animals identified
by the commissioner of natural resources species,
shall be randomly inspected between May 1 and October 15 for a
minimum of 10,000 hours by personnel authorized by the
commissioner of natural resources. Beginning in calendar year
1994, a minimum of 20,000 hours of random inspections must be
conducted per year.
Subd. 4. [ENFORCEMENT.] This section may be enforced by conservation officers under sections 97A.205, 97A.211, and 97A.221, subdivision 1, paragraph (a), clause (1), and by other licensed peace officers.
Subd. 5. [PENALTY.] A person who violates subdivision 1, 1a,
3, or 3a is guilty of a misdemeanor. A person who refuses to
obey the order of a peace officer or conservation officer to
remove Eurasian or Northern water milfoil, zebra mussels,
or other undesirable exotic aquatic plants or wild animals
species from a trailer or watercraft is guilty of
a misdemeanor.
Sec. 3. Minnesota Statutes 1994, section 84.796, is amended to read:
84.796 [PENALTIES.]
Subdivision 1. [STATUTES.] A person who violates a provision of section 84.788, 84.789, 84.792, 84.793, or 84.795 is guilty of a misdemeanor.
Subd. 2. [RULES.] A person who violates a provision of a rule promulgated pursuant to section 84.79 is guilty of a petty misdemeanor.
Sec. 4. Minnesota Statutes 1994, section 84.81, is amended by adding a subdivision to read:
Subd. 12. [COLLECTOR SNOWMOBILE.] "Collector snowmobile" means a snowmobile that is 25 years old or older, originally produced as a separate identifiable make by a manufacturer, and that is owned and operated solely as a collector's item.
Sec. 5. Minnesota Statutes 1994, section 84.82, is amended by adding a subdivision to read:
Subd. 7a. [COLLECTOR SNOWMOBILES.] The commissioner of natural resources may issue special permits to a person or organization to operate or transport a collector snowmobile without registration in parades or organized group outings, such as races, rallies, other promotional events, and, for up to ten days each year, for personal transportation. The commissioner may impose reasonable restrictions on a special permittee and may revoke, amend, suspend, or modify a permit for cause.
Sec. 6. Minnesota Statutes 1994, section 84.92, subdivision 8, is amended to read:
Subd. 8. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or
"vehicle" means a motorized flotation-tired vehicle of not less
than three low pressure tires, but not more than six tires, that
is limited in engine displacement of less than 800 cubic
centimeters and total dry weight less than 600 800
pounds.
Sec. 7. Minnesota Statutes 1994, section 84.968, subdivision 1, is amended to read:
Subdivision 1. [MANAGEMENT PLAN.] (a) By January 1, 1993, a long-term statewide ecologically harmful exotic species management plan must be prepared by the commissioner of natural resources and address the following:
(1) coordinated detection and prevention of accidental introductions;
(2) coordinated dissemination of information about ecologically harmful exotic species among resource management agencies and organizations;
(3) a coordinated public awareness campaign regarding ecologically harmful exotic animals and aquatic plants;
(4) a process, where none exists, for the
commissioner to designate identify and
classify list appropriate ecologically harmful
exotic species into the following categories:
(i) as undesirable wild animals that must not
be sold, propagated, possessed, or transported; and
(ii) undesirable aquatic exotic plants exotic
species that must not be sold, propagated, possessed, or
transported except under permit;
(5) coordination of control and eradication of ecologically harmful exotic species on public lands and public waters; and
(6) development of a list of exotic wild animal species intended for nonagricultural purposes, or propagation for release by state agencies or the private sector.
(b) The plan prepared under paragraph (a) must include containment strategies that include:
(1) participation by lake associations, local citizen groups, and local units of government in the development and implementation of lake management plans;
(2) a reasonable and workable inspection requirement for boats and equipment participating in organized events on waters of the state;
(3) allowing access points infested with ecologically harmful exotic species to be closed, for not more than a total of seven days during an open water season, for control or eradication purposes, and requiring posting of signs stating the reason for closing the access;
(4) provisions for reasonable weed-free maintenance of public accesses to infested waters; and
(5) notice to travelers of the penalties for violation of laws relating to ecologically harmful exotic species.
Sec. 8. Minnesota Statutes 1994, section 84.9691, is amended to read:
84.9691 [RULEMAKING AND PERMITS.]
(a) The commissioner of natural resources may adopt emergency and permanent rules restricting the introduction, propagation, use, possession, and spread of ecologically harmful exotic species in the state, as outlined in section 84.967. The emergency rulemaking authority granted in this paragraph expires July 1, 1994.
(b) The commissioner shall adopt rules to identify bodies of water with limited infestation of Eurasian water milfoil. The areas that are infested, and where control is planned, shall be marked and prohibited for use.
(c) A violation of a rule adopted under this section is a misdemeanor.
(d) The commissioner may issue permits regulating the propagation, possession, taking, or transportation of undesirable exotic species for disposal, research, education, or control purposes. The commissioner may place conditions on the permit and may deny, modify, suspend, or revoke a permit.
Sec. 9. Minnesota Statutes 1994, section 84.9692, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE.] After appropriate training, conservation officers, peace officers, and other staff designated by the commissioner may issue warnings or citations to persons who:
(1) unlawfully transport ecologically harmful water
milfoil or undesirable exotic species on a public road;
(2) place a trailer or launch a watercraft with ecologically
harmful undesirable exotic species attached into
waters of the state;
(3) operate a watercraft in a marked Eurasian water milfoil limited infestation area; or
(4) damage, remove, or sink a buoy marking a Eurasian water milfoil infestation area.
Sec. 10. Minnesota Statutes 1994, section 84.9692, is amended by adding a subdivision to read:
Subd. 1a. [DEFINITIONS.] For purposes of this section, "undesirable exotic species," "water milfoil," "watercraft," "waters of the state," and "zebra mussels" have the meanings given them in section 18.317.
Sec. 11. Minnesota Statutes 1994, section 84.9692, subdivision 2, is amended to read:
Subd. 2. [PENALTY AMOUNT.] A citation issued under this section may impose up to the following penalty amounts:
(1) $50 for transporting visible Eurasian water milfoil
on a public road in each of the following
locations:;
(i) the exterior of the watercraft below the gunwales
including the propulsion system;
(ii) any surface of a watercraft trailer;
(iii) any surface of a watercraft interior of the
gunwales;
(iv) any water container including live wells, minnow
buckets, or coolers which hold water; or
(v) any other area where visible Eurasian water milfoil is
found not previously described in items (i) to (iv);
(2) $150 $100 for transporting visible zebra
mussels on a public road;
(3) $300 for transporting, live ruffe, or
live rusty crayfish on a public road;
(4) (3) for attempting to launch
place or launching into noninfested waters
placing a watercraft, trailer, or plant harvesting
equipment with visible Eurasian water milfoil or adult
zebra mussels attached into waters of the state not identified
by the commissioner as infested with zebra mussels, $500 for
a first offense and $1,000 for a second or subsequent offense;
(4) $100 for attempting to place or placing a watercraft, trailer, or plant harvesting equipment with visible zebra mussels attached into waters of the state identified by the commissioner as infested with zebra mussels;
(5) $100 for operating a watercraft in a marked Eurasian water milfoil limited infestation area other than as provided by law;
(6) $150 $100 for intentionally damaging, moving,
removing, or sinking a milfoil buoy; or
(7) $150 $200 for launching or attempting
to launch into infested waters place or placing a
watercraft, trailer, or plant harvesting equipment with
visible Eurasian water milfoil or visible zebra
mussels attached into waters of the state.
Sec. 12. Minnesota Statutes 1994, section 86B.401, subdivision 11, is amended to read:
Subd. 11. [SUSPENSION FOR NOT REMOVING WATER MILFOIL OR OTHER UNDESIRABLE EXOTIC SPECIES.] (a) The commissioner, after notice and an opportunity for hearing, may suspend for a period of not more than one year the license of a watercraft if the owner or person in control of the watercraft or its trailer refuses to
comply with an inspection order of a conservation officer or
other licensed peace officer or an order to remove Eurasian or
Northern water milfoil, myriophyllum spicatum or
exalbescens, zebra mussels, or other undesirable
exotic aquatic plant and wild animal species identified
by the commissioner from the watercraft or its trailer as
provided in section 18.317, subdivision 3.
(b) For purposes of this subdivision, "undesirable exotic species," "water milfoil," and "zebra mussels" have the meanings given them in section 18.317."
Page 2, after line 1, insert:
"Sec. 15. Minnesota Statutes 1994, section 97A.045, subdivision 5, is amended to read:
Subd. 5. [POWER TO PRESCRIBE THE FORM OF PERMITS AND LICENSES.] The commissioner may prescribe the form of permits, licenses, and tags issued under the game and fish laws. Permits, licenses, and tags may be designed and issued in a computer readable form to permit ready access to information contained thereon.
Sec. 16. Minnesota Statutes 1994, section 97A.045, is amended by adding a subdivision to read:
Subd. 10. [RECIPROCAL AGREEMENTS ON VIOLATIONS.] The commissioner, with the approval of the attorney general, may enter into reciprocal agreements with game and fish authorities in other states and the United States government to provide for:
(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents for violations of game and fish laws committed in signatory jurisdictions which result in license revocation in that jurisdiction;
(2) reporting convictions and license revocations of residents of signatory states for violations of game and fish laws of Minnesota to game and fish authorities in the nonresidents state of residence; and
(3) release upon signature without posting of bail for residents of signatory states accused of game and fish law violations in this state, providing for recovery, in the resident jurisdiction, of fines levied if the citation is not answered in this state.
As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail.
Sec. 17. Minnesota Statutes 1994, section 97A.401, subdivision 3, is amended to read:
Subd. 3. [TAKING, POSSESSING, AND TRANSPORTING WILD ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in paragraph (b), special permits may be issued without a fee to take, possess, and transport wild animals as pets and for scientific, educational, rehabilitative, and exhibition purposes. The commissioner shall prescribe the conditions for taking, possessing, transporting, and disposing of the wild animals.
(b) A special permit may not be issued to take or possess wild or native deer for exhibition or propagation.
(c) The commissioner shall establish criteria for issuing special permits for persons to possess wild and native deer as pets."
Page 2, after line 27, insert:
"Sec. 20. Minnesota Statutes 1994, section 97B.055, subdivision 3, is amended to read:
Subd. 3. [HUNTING FROM VEHICLE BY DISABLED HUNTERS.] The
commissioner may issue a special permit, without a fee, to
discharge a firearm or bow and arrow from a stationary motor
vehicle to a licensed hunter that is temporarily or permanently
physically unable to walk without crutches, braces, or other
mechanical support, or who has a physical disability which
substantially limits the person's ability to walk
disabled. The physical disability and the substantial
inability to walk must be established by medical evidence
verified in writing by a licensed physician. A person with a
temporary disability may be issued an annual permit and a person
with a permanent disability may be issued a permanent permit. A
person issued a special permit under this subdivision and hunting
deer may take a deer of either sex.
Sec. 21. Minnesota Statutes 1994, section 97B.061, is amended to read:
97B.061 [REPORTS AND RECORDS.]
If requested by The commissioner, a may
request any person who has taken game must to
submit a report to the commissioner on a furnished form before
March 15, stating the number and or kind of
each game animal taken during the preceding license year.
There shall be no penalty for failure to comply with a request
from the commissioner under this section, nor shall any
information submitted to the commissioner under this section be
used as evidence in a prosecution under chapter 97A, 97B, or
97C.
Sec. 22. Minnesota Statutes 1994, section 97B.075, is amended to read:
97B.075 [HUNTING RESTRICTED BETWEEN EVENING AND MORNING.]
A person may not take protected wild animals, except raccoon
and fox, with a firearm between the evening and morning times
established by commissioner's rule, or by archery from
one-half hour after sunset until one-half hour before sunrise
except big game may be taken from one-half hour before sunrise
until one-half hour after sunset."
Page 3, after line 19, insert:
"Sec. 26. Minnesota Statutes 1994, section 97B.731, subdivision 1, is amended to read:
Subdivision 1. [MIGRATORY GAME BIRDS.] (a) Migratory game birds may be taken and possessed. A person may not take, buy, sell, possess, transport, or ship migratory game birds in violation of federal law.
(b) The commissioner shall prescribe seasons and limits for migratory birds in accordance with federal law.
Sec. 27. Minnesota Statutes 1994, section 97B.931, is amended to read:
97B.931 [TENDING TRAPS RESTRICTED.]
Subdivision 1. [RESTRICTIONS.] A person may not tend a trap set for wild animals between 10:00 p.m. and 5:00 a.m. Between 5:00 a.m. and 10:00 p.m. a person on foot may use a portable artificial light to tend traps. While using a light in the field, the person may not possess or use a firearm other than a handgun of .22 caliber.
Subd. 2. [BODY-GRIPPING TRAPS.] A body-gripping, conibear-type trap need not be tended more frequently than once every third calendar day."
Page 4, after line 31, insert:
"Sec. 33. Minnesota Statutes 1994, section 97C.355, subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIRED.] A person may not take fish from a
dark house or fish house unless the house is licensed and has a
metal durable license tag attached to the exterior
as prescribed by the commissioner, except as provided in this
subdivision. The commissioner must issue a metal
durable tag that is at least two inches in diameter with a
3/16 inch hole in the center with a dark house or fish house
license. The metal durable tag must be
stamped marked with a number to correspond with the
license and the year of issue. A dark house or fish house
license is not required of a resident on boundary waters where
the adjacent state does not charge a fee for the same
activity."
Page 5, after line 17, insert:
"Sec. 36. Minnesota Statutes 1994, section 97C.505, subdivision 4, is amended to read:
Subd. 4. [HOURS OF TAKING.] A person may not take minnows from one hour after sunset to one hour before sunrise without a permit from the commissioner."
Page 6, after line 1, insert:
"Sec. 39. [EFFECTIVE DATE.]
Sections 1 to 38 are effective the day following final enactment."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Johnson, R.; Jennings; Solberg; Carruthers; Perlt; Skoglund; Opatz; Bertram; Murphy; Bakk; Leighton; Kinkel; Sarna; Orenstein; Pugh; Peterson; Brown; McCollum and Schumacher moved to amend S. F. No. 621, as amended, as follows:
Page 5, line 36, delete "section" and insert "sections 97A.531, subdivision 6;" and delete "is" and insert "are"
Page 6, after line 1, insert:
"Sec. 17. [EFFECTIVE DATE.]
Section 16, paragraph (a) is effective the day following final enactment."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Johnson, R., et al amendment and the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Koppendrayer Olson, M. Smith Anderson, B. Frerichs Kraus Onnen Solberg Anderson, R. Garcia Krinkie Opatz Stanek Bakk Girard Larsen Orenstein Sviggum Bertram Goodno Leighton Orfield Swenson, D. Bettermann Greenfield Leppik Osskopp Swenson, H. Bishop Greiling Lieder Osthoff Tomassoni Boudreau Haas Lindner Ostrom Trimble Bradley Hackbarth Long Otremba Tuma Broecker Harder Lourey Ozment Tunheim Brown Hausman Luther Paulsen Van Dellen Carlson Holsten Lynch Pawlenty Van Engen Carruthers Hugoson Macklin Pellow Vickerman Clark Huntley Mahon Pelowski Wagenius Commers Jaros Mares Perlt Warkentin Cooper Jefferson Mariani Peterson Weaver Daggett Jennings Marko Pugh Wejcman Dauner Johnson, A. McCollum Rest Wenzel Davids Johnson, R. McElroy Rhodes Winter Dawkins Johnson, V. McGuire Rice Wolf Dehler Kahn Milbert Rostberg Worke Delmont Kalis Molnau Rukavina Workman Dempsey Kelley Mulder Sarna Sp.Anderson,I Dorn Kelso Munger Schumacher Entenza Kinkel Murphy Seagren Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. SkoglundThe motion prevailed and the amendment was adopted.
Rice was excused for the remainder of today's session.
Hackbarth moved to amend S. F. No. 621, as amended, as follows:
Page 3, after line 19, insert:
"Sec. 8. Minnesota Statutes 1994, section 97C.081, subdivision 3, is amended to read:
Subd. 3. [CONTESTS AUTHORIZED BY COMMISSIONER.] The commissioner may, by rule or permit, allow fishing contests with entry fees over $10 per person or total prizes valued at more than $2,000.
If entry fees are over $25 per person, or total prizes are valued at more than $25,000, and if the applicant has either:
(1) not previously conducted a fishing contest requiring a permit under this subdivision; or
(2) ever failed to make required prize awards in a fishing contest conducted by the applicant,
the applicant must furnish the commissioner evidence of financial responsibility in the form of a surety bond or bank letter of credit in the amount of $25,000. Permits must be issued without a fee and if the commissioner does not deny the permit within 14 days, excluding holidays, after receipt of an application, the permit is granted."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
The Speaker resumed the Chair.
Bakk moved to amend S. F. No. 621, as amended, as follows:
Page 2, after line 27, insert:
"Sec. 5. Minnesota Statutes 1994, section 97B.301, subdivision 2, is amended to read:
Subd. 2. [LIMIT OF ONE DEER PER LICENSE.] Except as
provided in subdivisions 3 and 4, a person may obtain one
firearms deer license and one archery deer license in the same
license year, but and may take only one deer
under each license in Cook, Lake, and St. Louis
counties."
Renumber the sections in sequence and correct internal references
Amend the title as follows:
Page 1, line 5, after the semicolon, insert "authorizing taking of two deer by holders of two licenses;"
Page 1, line 12, after the first semicolon, insert "97B.301, subdivision 2;"
A roll call was requested and properly seconded.
The question was taken on the Bakk amendment and the roll was called. There were 36 yeas and 89 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Finseth Leighton Murphy Tunheim Bakk Garcia Lieder Olson, E. Wenzel Brown Jaros Lourey Pawlenty Worke Carruthers Jefferson Luther Pellow Sp.Anderson,I Commers Johnson, A. Mahon Rukavina Cooper Johnson, V. Mariani Solberg Davids Kalis Milbert Tomassoni Entenza Kinkel Munger TrimbleThose who voted in the negative were:
Abrams Girard Koppendrayer Onnen Simoneau Anderson, B. Goodno Kraus Opatz Skoglund Bertram Greenfield Krinkie Orenstein SmithThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 62nd Day - Top of Page 4587
Bettermann Greiling Larsen Orfield Stanek Bishop Haas Leppik Osskopp Sviggum Boudreau Hackbarth Lindner Osthoff Swenson, D. Bradley Harder Long Ostrom Swenson, H. Broecker Hausman Lynch Otremba Tuma Carlson Holsten Macklin Ozment Van Dellen Clark Hugoson Mares Paulsen Van Engen Daggett Huntley Marko Pelowski Vickerman Dawkins Jennings McCollum Peterson Wagenius Dehler Johnson, R. McElroy Pugh Warkentin Dempsey Kahn McGuire Rest Weaver Dorn Kelley Molnau Rhodes Wejcman Erhardt Kelso Mulder Rostberg Wolf Farrell Knight Ness Sarna Workman Frerichs Knoblach Olson, M. Seagren
Milbert moved that S. F. No. 621, as amended, be temporarily laid over on Special Orders. The motion prevailed.
On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abrams Frerichs Koppendrayer Ness Simoneau Anderson, B. Garcia Kraus Olson, E. Skoglund Anderson, R. Girard Krinkie Olson, M. Smith Bakk Goodno Larsen Onnen Solberg Bertram Greenfield Leighton Opatz Stanek Bettermann Greiling Leppik Orenstein Sviggum Bishop Haas Lieder Orfield Swenson, D. Boudreau Hackbarth Lindner Osskopp Swenson, H. Bradley Harder Long Osthoff Tomassoni Broecker Hasskamp Lourey Ostrom Trimble Brown Hausman Luther Otremba Tuma Carruthers Holsten Lynch Ozment Van Dellen Clark Hugoson Macklin Paulsen Van Engen Commers Huntley Mahon Pawlenty Vickerman Cooper Jaros Mares Pellow Wagenius Davids Jefferson Mariani Pelowski Warkentin Dawkins Jennings Marko Perlt Weaver Dehler Johnson, A. McCollum Peterson Wejcman Delmont Johnson, R. McElroy Pugh Wenzel Dempsey Johnson, V. McGuire Rest Wolf Dorn Kalis Milbert Rhodes Worke Entenza Kelley Molnau Rostberg Workman Erhardt Kelso Mulder Rukavina Sp.Anderson,I Farrell Knight Munger Sarna Finseth Knoblach Murphy SeagrenCarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
Carruthers moved that S. F. No. 1536, as amended, be taken from the table.
A roll call was requested and properly seconded.
The question was taken on the Carruthers motion and the roll was called. There were 81 yeas and 47 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Finseth Kelso Olson, E. Simoneau Bakk Frerichs Kinkel Opatz Skoglund Bertram Garcia Knoblach Orenstein Smith Bishop Greenfield Leighton Orfield Solberg Brown Greiling Lieder Osskopp Swenson, H. Carlson Harder Long Osthoff Tomassoni Carruthers Hasskamp Lourey Ostrom Trimble Clark Hausman Luther Otremba TunheimThose who voted in the negative were:
JOURNAL OF THE HOUSE - 62nd Day - Top of Page 4588
Cooper Huntley Mahon Ozment Wagenius Dauner Jefferson Mariani Pelowski Wejcman Davids Jennings Marko Perlt Wenzel Dawkins Johnson, A. McCollum Peterson Wolf Dehler Johnson, R. McGuire Pugh Sp.Anderson,I Delmont Johnson, V. Milbert Rest Dorn Kahn Munger Rukavina Entenza Kalis Murphy Sarna Farrell Kelley Ness Schumacher
Abrams Goodno Leppik Paulsen Van Dellen Anderson, B. Haas Lindner Pawlenty Van Engen Bettermann Hackbarth Lynch Pellow Vickerman Boudreau Holsten Macklin Rhodes Warkentin Bradley Hugoson Mares Rostberg Weaver Broecker Knight McElroy Seagren Worke Commers Koppendrayer Molnau Stanek Workman Dempsey Kraus Mulder Sviggum Erhardt Krinkie Olson, M. Swenson, D. Girard Larsen Onnen TumaThe motion prevailed and S. F. No. 1536, as amended, was taken from the table.
Sviggum moved that the action whereby S. F. No. 1536, as amended, was given its third reading on Thursday, April 27, 1995, be now reconsidered.
A roll call was requested and properly seconded.
The question was taken on the Sviggum motion and the roll was called. There were 62 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Onnen Swenson, H. Anderson, B. Frerichs Krinkie Osskopp Tuma Bettermann Girard Larsen Ozment Van Dellen Bishop Goodno Leppik Paulsen Van Engen Boudreau Haas Lindner Pawlenty Vickerman Bradley Hackbarth Lynch Pellow Warkentin Broecker Harder Macklin Rhodes Weaver Commers Holsten Mares Rostberg Wolf Daggett Hugoson McElroy Seagren Worke Davids Johnson, V. Molnau Smith Workman Dehler Knight Mulder Stanek Dempsey Knoblach Ness Sviggum Erhardt Koppendrayer Olson, M. Swenson, D.Those who voted in the negative were:
Anderson, R. Garcia Kelso Murphy Sarna Bakk Greenfield Kinkel Olson, E. Schumacher Bertram Greiling Leighton Opatz Simoneau Brown Hasskamp Lieder Orenstein Skoglund Carlson Hausman Long Orfield Solberg Carruthers Huntley Lourey Osthoff Tomassoni Clark Jaros Luther Ostrom Trimble Cooper Jefferson Mahon Otremba Tunheim Dauner Jennings Mariani Pelowski Wagenius Dawkins Johnson, A. Marko Perlt Wejcman Delmont Johnson, R. McCollum Peterson Wenzel Dorn Kahn McGuire Pugh Winter Entenza Kalis Milbert Rest Sp.Anderson,I Farrell Kelley Munger RukavinaThe motion did not prevail.
S. F. No. 1536, A bill for an act relating to the organization and operation of state government; appropriating money for the department of transportation and other agencies with certain conditions.
The bill, as amended, was placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 86 yeas and 45 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Garcia Larsen Orenstein Solberg Bakk Greenfield Leighton Orfield Swenson, H. Bertram Greiling Lieder Osthoff Tomassoni Brown Harder Long Ostrom Trimble Carlson Hasskamp Lourey Otremba Tunheim Carruthers Hausman Luther Ozment Van Engen Clark Huntley Mahon Pelowski Wagenius Cooper Jaros Mares Perlt Wejcman Dauner Jefferson Mariani Peterson Wenzel Davids Jennings Marko Pugh Winter Dawkins Johnson, A. McCollum Rest Wolf Delmont Johnson, R. McGuire Rhodes Worke Dempsey Johnson, V. Milbert Rukavina Workman Dorn Kahn Munger Sarna Sp.Anderson,I Entenza Kalis Murphy Schumacher Farrell Kelley Ness Simoneau Finseth Kelso Olson, E. Skoglund Frerichs Kinkel Opatz SmithThose who voted in the negative were:
Abrams Dehler Knoblach Molnau Seagren Anderson, B. Erhardt Koppendrayer Mulder Stanek Bettermann Girard Kraus Olson, M. Sviggum Bishop Goodno Krinkie Onnen Swenson, D. Boudreau Haas Leppik Osskopp Tuma Bradley Hackbarth Lindner Paulsen Van Dellen Broecker Holsten Lynch Pawlenty Vickerman Commers Hugoson Macklin Pellow Warkentin Daggett Knight McElroy Rostberg WeaverThe bill was passed, as amended, and its title agreed to.
Hasskamp was excused for the remainder of today's session.
Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.
The House reconvened and was called to order by the Speaker.
Rest was excused between the hours of 8:00 p.m. and 9:20 p.m.
There being no objection, the order of business reverted to Messages from the Senate.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 557, A bill for an act relating to employment; authorizing the legislative commission on employee relations to modify compensation for certain managerial positions in the higher education board; ratifying certain labor
agreements; amending Minnesota Statutes 1994, sections 3.855, subdivision 3; 179A.04, subdivision 3; and 179A.16, subdivisions 6, 7, and 8.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Ms. Flynn; Mr. Merriam and Ms. Kiscaden.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Solberg moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 557. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 127, A bill for an act relating to state lands; authorizing the conveyance of certain tax-forfeited land that borders public water or natural wetlands in Hennepin county.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Terwilliger, Merriam and Ms. Olson.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Paulsen moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 127. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 399, A bill for an act relating to recreational vehicles; driving while intoxicated; providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for designated, DWI-related offenses; extending vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles; amending Minnesota Statutes 1994, sections 84.83, subdivision 2; 84.927, subdivision 1; 169.1217, subdivision 1; and 171.30, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 84; and 86B.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Knutson, Marty and Merriam.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Van Engen moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 399. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 217, A bill for an act relating to family law; providing for enforcement of child support obligations; expanding enforcement remedies for child support; authorizing programs; providing for resolution of custody and visitation disputes; creating a central child support payment center; modifying child support data collection and publication; imposing penalties; adding provisions relating to recognition of parentage; adding provisions for administrative proceedings; modifying children's supervised visitation facilities; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 2; 168A.05, subdivisions 2, 3, 7, and by adding a subdivision; 168A.16; 168A.20, by adding a subdivision; 168A.21; 168A.29, subdivision 1; 214.101, subdivisions 1 and 4; 256.87, subdivision 5; 256.978, subdivision 1; 256F.09, subdivisions 1, 2, 3, and by adding subdivisions; 257.34, subdivision 1, and by adding a subdivision; 257.55, subdivision 1; 257.57, subdivision 2; 257.60; 257.67, subdivision 1; 257.75, subdivision 3, and by adding a subdivision; 517.08, subdivisions 1b and 1c; 518.171, subdivision 2a; 518.24; 518.551, subdivisions 5, 12, and by adding subdivisions; 518.5511, subdivisions 1, 2, 3, 4, 5, 7, and 9; 518.575; 518.611, subdivisions 1, 2, 5, and 8a; 518.613, subdivisions 1, 2, and by adding a subdivision; 518.614, subdivision 1; 518.64, subdivisions 2, 4, and by adding a subdivision; 518C.310; 548.15; and 609.375, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 171; 256; 257; and 518; repealing Minnesota Statutes 1994, sections 214.101, subdivisions 2 and 3; 256F.09, subdivision 4; 518.561; 518.611, subdivision 8; and 518.64, subdivision 6.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Cohen, Betzold and Stevens.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Carruthers moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 217. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 1019, A bill for an act relating to metropolitan government; establishing the metropolitan livable communities fund and providing for fund distribution; reducing the levy authority of the metropolitan mosquito control commission; providing for certain revenue sharing; regulating employee layoffs by the metropolitan mosquito control district; authorizing an economic vitality and housing initiative; amending Minnesota Statutes 1994, sections 116J.552, subdivision 2; 116J.555, subdivision 2; 116J.556; 473.167, subdivisions 2, 3, and by adding a subdivision; 473.711, subdivision 2; and 473F.08, subdivisions 3a, 5, 7a, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473; repealing Minnesota Statutes 1994, sections 473.704, subdivision 15; 504.33; 504.34; and 504.35.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Mr. Mondale; Ms. Flynn; Messrs. Riveness, Oliver and Belanger.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Carruthers moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1019. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 1110.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
A bill for an act relating to human services; appropriating money for the department of human services and health, for the veterans nursing homes board, for the health-related boards, for the council on disability, for the ombudsman for mental health and mental retardation, and for the ombudsman for families; modifying day training and habilitation services; creating the consumer support program; modifying child care programs; defining and including essential persons in determining AFDC eligibility; modifying the Minnesota Supplemental Aid program by making it consistent with the federal SSI program; modifying group residential housing; limiting the admission of certain high-functioning persons to nursing facilities; modifying hospital inflation and requiring inflation adjustments to reflect prior overpayments; modifying medical assistance disproportionate share payments; establishing hospital peer groups; establishing long-term hospital rates; modifying treatment of certain trusts; modifying treatment of assets and income for institutionalized persons; reducing the pharmacy dispensing fee; establishing pharmacy copayments in medical assistance and general assistance medical care; establishing a service allowance for certain persons denied admission to a nursing facility; increasing reimbursement rates for certain home care services provided in Anoka county; modifying certain intergovernmental transfers; clarifying the county nursing home payment adjustment; requiring a discount in general assistance medical care prepaid contracts; eliminating payment for gender reassignment services under general assistance medical care; providing a two percent rate increase for certain providers; authorizing certain demonstration projects; modifying certain parental fees; modifying medical assistance eligibility criteria for certain disabled children; modifying requirements for personal care assistants and personal care assistant organizations; modifying coverage for personal care services and reducing maximum hours of service; expanding certain services under medical assistance managed care for disabled children; authorizing certain studies; authorizing exceptions to the nursing home moratorium and modifying reimbursements for legislatively-approved exceptions; modifying requirements for hospital-attached nursing facility status; modifying nursing facility reimbursement and inflationary adjustments; establishing a contractual alternative payment system for nursing facilities; modifying reimbursement for intermediate care facilities for persons with mental retardation or related conditions; establishing transition mental health services; modifying chemical dependency treatment programs; providing Faribault and Cambridge regional human services center downsizing agreements; decreasing certain license and permit fees; modifying the licensing and inspecting of hotel, restaurant, and other food and lodging establishments; amending Minnesota Statutes 1994, sections 62A.045; 62A.046; 62A.048; 62A.27; 144.0721, by adding subdivisions; 144.122; 144.226, subdivision 1; 144A.071, subdivision 4a; 144A.33, subdivision 3; 144A.43, subdivision 3; 144A.47; 147.01, subdivision 6; 157.03; 198.003, subdivisions 3 and 4; 245.4882, subdivision 5; 245.4886, by adding a subdivision; 246.18, subdivision 4, and by adding a subdivision; 246.23, subdivision 2; 252.27, subdivision 2a; 252.292, subdivision 4; 252.46, subdivision 6, and by adding a subdivision; 254A.17, subdivision 3; 254B.05, subdivision 4; 256.025, subdivisions 1 and 2; 256.026; 256.73, subdivision 3a; 256.736, subdivisions 3 and 13; 256.74, subdivision 1; 256.9365; 256.9657, subdivision 3; 256.9685, subdivision 1b, and by adding subdivisions; 256.969, subdivisions 1, 9, 24, and by adding subdivisions; 256B.055, subdivision 12; 256B.056, by adding a subdivision; 256B.0575; 256B.0625, subdivisions 8, 8a, 13, 19a, and by adding subdivisions; 256B.0627, subdivisions 1, 2, 4, and 5; 256B.0641, subdivision 1; 256B.0911, subdivisions 4 and 7; 256B.0913, by adding subdivisions; 256B.0915, subdivision 2, and by adding a subdivision; 256B.092, subdivision 4; 256B.15, subdivisions 1a, 2, and by adding a subdivision; 256B.19, subdivisions 1c and 1d; 256B.431, subdivisions 2b, 2j, 17, 23, and by adding subdivisions; 256B.49, subdivision 1, and by adding subdivisions; 256B.501, subdivisions 3, 3c, and by adding a subdivision; 256B.69, subdivisions 4, 5, 6, 9, and by adding subdivisions; 256D.03, subdivisions 3b, 4, and by adding a subdivision; 256D.051, subdivision 6; 256D.36, subdivision 1; 256D.385; 256D.405, subdivision 3; 256D.425, subdivision 1, and by adding a subdivision; 256D.435, subdivisions 1, 3, 4, 5, 6, and by adding a subdivision; 256D.44, subdivisions 1, 2, 3, 4, 5, and 6; 256D.45, subdivision 1; 256D.48, subdivision 1; 256H.03, subdivision 4; 256H.05, subdivision 6; 256I.04, subdivision 3; 256I.05, subdivision 1a; 393.07, subdivision 10; 501B.89, subdivision 1, and by
adding a subdivision; and Laws 1993, First Special Session chapter 1, article 8, section 51, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 157; 256; and 256B; proposing coding for new law as Minnesota Statutes, chapter 144D; repealing Minnesota Statutes 1994, sections 38.161; 38.162; 144.0723, subdivision 5; 157.01; 157.02; 157.031; 157.04; 157.045; 157.05; 157.08; 157.12; 157.13; 157.14; 252.47; 256.851; 256B.501, subdivisions 3d, 3e, and 3f; 256D.35, subdivisions 14 and 19; 256D.36, subdivision 1a; 256D.37; 256D.425, subdivision 3; 256D.435, subdivisions 2, 7, 8, 9, and 10; 256D.44, subdivision 7; 256E.06, subdivisions 12 and 13; 256I.04, subdivision 1b; and Minnesota Rules, part 9500.1452, subpart 2, item B.
May 16, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 1110, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 1110 be further amended as follows:
Delete everything after the enacting clause and insert:
Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or any other fund named, to the agencies and for the purposes specified in the following sections of this article, to be available for the fiscal years indicated for each purpose. The figures "1996" and "1997" where used in this article, mean that the appropriation or appropriations listed under them are available for the fiscal year ending June 30, 1996, or June 30, 1997, respectively. Where a dollar amount appears in parentheses, it means a reduction of an appropriation.
APPROPRIATIONS BIENNIAL
1996 1997 TOTAL
General $2,402,943,000 $2,598,629,000$5,001,572,000
Local Government Trust Fund 50,499,000 -0- 50,499,000
State Government Special Revenue 24,853,000 24,830,000 49,683,000
Metropolitan Landfill Contingency
Action Fund 193,000 193,000 386,000
Trunk Highway 1,513,000 1,513,000 3,026,000
Special Revenue 8,000 8,000 16,000
TOTAL 2,480,009,000 2,625,173,0005,105,182,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. COMMISSIONER OF HUMAN SERVICES
Subdivision 1. Total Appropriation 2,395,537,000 2,540,250,000
Summary by Fund
General2,345,038,0002,540,250,000
Local Government Trust
Fund 50,499,000 -0-
Subd. 2. Finance and Management
General20,126,000 21,396,000
[RECEIPTS FOR SYSTEMS PROJECTS.] Appropriations and federal receipts for information system projects for MAXIS, electronic benefit system, social services information system, child support enforcement, and Minnesota medicaid information system (MMIS II) must be deposited in the state system account authorized in Minnesota Statutes, section 256.014. Money appropriated for computer projects approved by the information policy office, funded by the legislature, and approved by the commissioner of finance may be transferred from one project to another and from development to operations as the commissioner of human services considers necessary. Any unexpended balance in the appropriation for these projects does not cancel but is available for ongoing development and operations.
[COMMUNICATION COSTS.] The commissioner shall continue to operate the department of human services communication systems account established in Laws 1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared communication costs necessary for the operation of the programs the commissioner supervises. The commissioner may distribute the costs of operating and maintaining communication systems to participants in a manner that reflects actual system usage. Costs may include acquisition, licensing, insurance, maintenance, repair, staff time, and other direct costs as determined by the commissioner. The commissioner may accept on behalf of the state any gift, bequest, devise, or personal property of any kind or money tendered to the state for any lawful purpose pertaining to the communication activities of the department. Any money so received must be deposited in the department of human services communication systems account. Money collected by the commissioner for the use of communication systems must be deposited in the state communication systems account and is appropriated to the commissioner for purposes of this section.
[ISSUANCE OPERATIONS CENTER.] Payments to the commissioner from other governmental units and private enterprises for (1) services performed by the issuance operations center or (2) reports generated by the payment and eligibility systems must be deposited in the state systems account authorized in Minnesota Statutes, section 256.014. These payments are appropriated to the commissioner for the operation of the issuance center or system, in accordance with Minnesota Statutes, section 256.014.
[SOCIAL SERVICES INFORMATION PROJECT.] If the commissioner proceeds with the development and implementation of the social services information system (SSIS), the commissioner shall report annually by February 1 on the status of the project to the chairs of the house health and human services committee and of the senate health care and family services committees. This report must include an explanation of the linkages between the SSIS and the MAXIS and MMIS computer systems. The SSIS project must not result in an increase in the permanent staff of the department of human services.
[PRINTING COSTS.] In order to reduce printing costs, the commissioner shall solicit bids for printing from inmate work programs operated by the department of corrections.
Subd. 3. Life Skills Self-Sufficiency
114,755,000 120,918,000
Summary by Fund
General64,256,000 120,918,000
Local Government
Trust 50,499,000 -0-
The amounts that may be spent from this appropriation for each purpose are as follows:
(a) Semi-Independent Living Services (SILS) Grants
4,766,000 4,819,000
(b) Chemical Dependency Consolidated Treatment
41,230,000 45,080,000
(c) Deaf and Hard of Hearing Services Grants
501,000 501,000
(d) Community Social Services Grants
51,476,000 52,902,000
Summary by Fund
General 977,000 52,902,000
Local Government
Trust 50,499,000 -0-
[CSSA APPROPRIATION.] The increased appropriation available in fiscal year 1996 and thereafter must be used to increase each county's aid proportionately over the aid received in calendar year 1994.
(e) Consumer Support
125,000 1,832,000
(f) Developmental Disabilities Family Support Grants
1,599,000 1,074,000
(g) Aging Ombudsman
166,000 166,000
(h) Aging Grants
4,103,000 4,103,000
(i) American Indian Chemical Dependency Grants and Chemical
Dependency Special Grants
2,265,000 2,265,000
(j) Chemical Dependency Consolidated Treatment - Nonentitled
2,100,000 2,100,000
(k) Administration and Other Grants
6,424,000 6,076,000
[CROSS-CULTURAL TRAINING.] Of this appropriation, $50,000 each year is for cross-cultural training for deaf and hard of hearing children and their families and is available only upon the receipt of $25,000 each year in nonstate matching funds.
[INDIAN ELDERS.] The Minnesota board on aging shall provide staff out of the available appropriation to support the Indian elders coordinator position.
[USE OF MENTAL HEALTH COLLABORATIVE FUNDS.] Once a children's mental health collaborative has been formed, the commissioner may provide and a collaborative may receive funding for two years for planning and implementation purposes. This does not preclude existing collaboratives from getting additional start-up funds.
[CHEMICAL DEPENDENCY RATE FREEZE.] Beginning January 1, 1996, rates for chemical dependency treatment services provided according to Minnesota Statutes, chapter 254B, shall be the same as those rates negotiated according to Minnesota Statutes, section 254B.03, subdivision 1, paragraph (b), and effective January 1, 1995. Rates for vendors under Minnesota Statutes, chapter 254B, who are enrolled after January 1, 1995, shall not be higher than the statewide average rate for vendors licensed at the same level of care. Counties and providers shall not negotiate an increase in rates between January 1, 1995, and December 31, 1997.
[SILS TRANSFER.] (a) For the purpose of transferring certain persons from the semi-independent living services (SILS) program to the home and community-based waivered services program for persons with mental retardation or related conditions, the amount of funds transferred between the SILS account or the state community social services account and the state medical assistance
account shall be based on each county's participation in transferring persons to the waivered services program. No person for whom these funds are transferred shall be required to obtain a new living arrangement, notwithstanding Minnesota Statutes, section 252.28, subdivision 3, paragraph (4), and Minnesota Rules, parts 9525.1800, subpart 25a, and 9525.1869, subpart 6. When supported living services are provided to persons for whom these funds are transferred, the commissioner may substitute the licensing standards of Minnesota Rules, parts 9525.0500 to 9525.0660, for parts 9525.2000 to 9525.2140, if the services remain nonresidential as defined in Minnesota Statutes, section 245A.02, subdivision 10. For the purposes of Minnesota Statutes, chapter 256G, when a service is provided under these substituted licensing standards, the status of residence of the recipient of that service shall continue to be considered excluded time.
(b) Contingent upon continuing federal approval of expanding eligibility for home and community-based services for persons with mental retardation or related conditions, the commissioner shall reduce the state SILS payments to each county by the total medical assistance expenditures for nonresidential services attributable to former SILS recipients transferred by the county to the home and community-based services program for persons with mental retardation or related conditions. Of the reduced SILS payments determined above, the commissioner shall transfer to the state medical assistance account an amount equal to the nonfederal share of the nonresidential services under the home and community-based services for persons with mental retardation or related conditions. Of the remaining reduced SILS payments, 80 percent shall be returned to the SILS grant program to provide additional SILS services and 20 percent shall be transferred to the general fund.
[NEW ICF/MR.] For the fiscal year ending June 30, 1996, a newly constructed or newly established intermediate care facility for persons with mental retardation that is developed and financed during that period shall not be subject to the equity requirements in Minnesota Statutes, section 256B.501, subdivision 11, paragraph (d), or to Minnesota Rules, part 9553.0060, subpart 3, item F, provided that the provider's interest rate does not exceed the interest rate available through state agency tax exempt financing.
[ICF/MR RECEIVERSHIP.] For the fiscal year ending June 30, 1996, if a facility which is in receivership under Minnesota Statutes, section 245A.12 or 245A.13, is sold to an unrelated organization: (a) the facility shall be considered a newly established facility for rate setting purposes, notwithstanding any provisions to the contrary in Minnesota Statutes, section 256B.501, subdivision 11; and (b) the facility's historical basis for the physical plant, land, and land improvements for each facility must not exceed the prior owner's aggregate historical basis for these same assets for each facility. The allocation of the purchase price between land, land improvements, and physical plant shall be based on the real estate appraisal using the depreciated replacement cost method.
[GRH TO CSSA TRANSFER.] For the fiscal year ending June 30, 1995, the commissioner may transfer funds from the group residential housing (GRH) account to county community social services act (CSSA) grants to provide continuous funding for persons no longer eligible for GRH payments for the following reasons: they reside in a setting with only a semi-independent living services license; or they reside in family foster care settings and have become ineligible for GRH difficulty of care payments due to receipt of mental retardation/related conditions waivered services. The amount to be transferred must not exceed the amount of GRH payments for actual residents in the affected GRH settings during the fiscal year 1995. The amount transferred is to be added to the affected county's CSSA base. This paragraph is effective the day following final enactment.
[COUNTY MAINTENANCE-MEALS-AGING.] The supplemental funding for nutrition programs serving counties where congregate and home-delivered meals were locally financed prior to participation in the nutrition program of the Older Americans Act shall be awarded at no less than the same levels as in fiscal year 1995.
Subd. 4. Children's Program 19,860,000 21,453,000
The amounts that may be spent from this appropriation for each purpose are as follows:
(a) Children's Trust Fund Grants
247,000 247,000
(b) Families With Children Services Grants and Administration
1,718,000 1,710,000
(c) Family Service Collaborative Grants
1,000,000 1,500,000
(d) Family Preservation, Family Support, and Child Protection Grants
8,573,000 8,573,000
(e) Subsidized Adoption Grants
5,587,000 6,688,000
(f) Other Families with Children Services Grants
2,735,000 2,735,000
[FAMILY SERVICES COLLABORATIVE.] Plans for the expenditure of funds for family services collaboratives must be approved by the children's cabinet according to criteria in Minnesota Statutes, section 121.8355. Money appropriated for these purposes may be expended in either year of the biennium. Money appropriated for family services collaboratives is also available for start-up funds under Minnesota Statutes, section 245.492, subdivision 19, for children's mental health collaboratives.
[HOME CHOICE PROGRAM.] Of this appropriation, $75,000 each year must be used as a grant to the metropolitan council to support the housing and related counseling component of the home choice program.
[FOSTER CARE.] Foster care, as defined in Minnesota Statutes, section 260.015, subdivision 7, is not a community social service as defined in Minnesota Statutes, section 256E.03, subdivision 2, paragraph (a). This paragraph is effective the day following final enactment.
[NEW CHANCE.] Of this appropriation, $100,000 each year is for a grant to the New Chance demonstration project that provides comprehensive services to young AFDC recipients who became pregnant as teenagers and dropped out of high school. The commissioner shall provide an annual report on the progress of the demonstration project, including specific data on participant outcomes in comparison to a control group that received no services. The commissioner shall also include recommendations on whether strategies or methods that have proven successful in the demonstration project should be incorporated into the STRIDE employment program for AFDC recipients.
[HIPPY CARRY FORWARD.] $50,000 in unexpended money appropriated in fiscal year 1995 for the Home Instruction Program for Preschool Youngsters (HIPPY) in Laws 1994, chapter 636, article 1, section 11, does not cancel but is available for the same purposes for fiscal year 1996.
[COMMUNITY COLLABORATIVE MATCHING GRANT.] Of the funds appropriated for family services collaboratives, $75,000 in fiscal year 1996 shall be used for the commissioner of human services to provide a matching grant for community collaborative projects for children and youth developed by a regional organization established under Minnesota Statutes, section 116N.08, to receive rural development challenge grants. The regional organization must include a broad cross-section of public and private sector community representatives to develop programs, services or facilities to address specific community needs of children and youth. The regional organization must also provide a two-to-one match of nonstate dollars for this grant.
[INDIAN CHILD WELFARE GRANTS.] $100,000 is appropriated from the general fund to the commissioner of human services for the purposes of providing compliance grants to an Indian child welfare defense corporation, pursuant to Minnesota Statutes, section 257.3571, subdivision 2a, to be available until June 30, 1997.
Subd. 5. Economic Self-Sufficiency
General317,950,000321,696,000
The amounts that may be spent from this appropriation for each purpose are as follows:
(a) STRIDE Grants
8,939,000 8,211,000
(b) AFDC Grants
143,568,000 146,772,000
(c) General Assistance Grants
45,707,000 45,009,000
(d) Work Readiness Grants
1,573,000 -0-
(e) Minnesota Supplemental Aid
22,493,000 25,757,000
(f) Minnesota Family Investment Plan (MFIP) Grants
21,307,000 15,150,000
(g) Child-Care Fund Entitlement Grants
17,208,000 19,780,000
(h) Child Support Enforcement Grants
9,785,000 9,785,000
(i) Child Care Fund - Nonentitled
15,526,000 19,751,000
(j) Administration and Other Grants
31,844,000 31,481,000
[FOOD STAMP EMPLOYMENT AND TRAINING.] Federal food stamp employment and training funds are appropriated to the commissioner to reimburse counties for food stamp employment and training expenditures.
[STATE TAKEOVER ACCELERATION.] Notwithstanding Minnesota Statutes, section 256.025, $800,000 of the funds appropriated for fiscal year 1996 under Minnesota Statutes, section 256.026, shall be used to reimburse the county share of project STRIDE case management and work readiness employment and training services for the first six months of calendar year 1995.
[CASH BENEFITS IN ADVANCE.] The commissioner, with the advance approval of the commissioner of finance, is authorized to issue cash assistance benefits up to two days before the first day of each month, including two days before the start of each state fiscal year. Of the money appropriated for the aid to families with dependent children program for fiscal year 1996, $12,000,000 is available in fiscal year 1995. If that amount is insufficient for the costs incurred, an additional amount of the fiscal year 1996 appropriation as needed may be transferred with the advance approval of the commissioner of finance. This paragraph is effective the day following final enactment.
[MFIP TRANSFER.] Unexpended money appropriated for the Minnesota family investment plan in fiscal year 1996 does not cancel but is available for those purposes in fiscal year 1997.
[PATERNITY ESTABLISHMENT.] Federal matching funds from the hospital acknowledgment reimbursement program may be retained by the commissioner to establish paternity in child support cases. These federal matching funds are appropriated to the commissioner and must be used for education and public information concerning paternity establishment and the prevention of nonmarital births.
[CHILD SUPPORT INCENTIVES.] The commissioner may transfer money appropriated for child support enforcement county performance incentives for fiscal years 1996 and 1997 between county performance incentive accounts. Unexpended money in fiscal year 1996 does not cancel but is available for county performance incentives in fiscal year 1997.
[MINNESOTA PARENTS' FAIR SHARE.] Unexpended money appropriated for Minnesota parents' fair share in fiscal year 1996 does not cancel but is available to the commissioner for this program in fiscal year 1997.
[GA/AFDC TO SSI CONVERSION.] The commissioner may contract with a private entity to convert general assistance and AFDC recipients to the federal Supplemental Security Income program. The contract shall pay only for cases successfully converted, at a rate to be negotiated by the commissioner.
[GA STANDARD.] The commissioner shall set the monthly standard of assistance for general assistance units consisting of an adult recipient who is childless and unmarried or living apart from his or her parents or a legal guardian at $203.
[AFDC SUPPLEMENTARY GRANTS.] Of the appropriation for aid to families with dependent children, the commissioner shall provide supplementary grants not to exceed $200,000 a year for aid to families with dependent children. The commissioner shall include the following costs in determining the amount of the supplementary grants: major home repairs, repair of major home appliances, utility recaps, supplementary dietary needs not covered by medical assistance, and replacements of furnishings and essential major appliances.
[WORK READINESS ELIMINATION.] Notwithstanding Minnesota Statutes, section 256.025, $1,573,000 of the funds appropriated for fiscal year 1996 under Minnesota Statutes, section 256.026, must be used to reimburse the county share of work readiness grants for the first six months of calendar year 1995.
[FEDERAL WELFARE REFORM.] Notwithstanding the provisions of Minnesota Statutes, section 256.011 or any other law to the contrary, the commissioner of human services may not implement changes in human services block grants and entitlement programs mandated by the 104th Congress, without authorization by the Minnesota Legislature.
Subd. 6. Health Care
General1,668,242,0001,794,408,000
The amounts that may be spent from this appropriation for each purpose are as follows:
(a) Group Residential Housing Grants
48,284,000 54,776,000
(b) MA Long-Term Care Facilities
540,531,000 556,857,000
(c) MA Long-Term Care Waivers and Home Care
202,821,000 217,781,000
(d) MA Managed Care and Fee-for-Service
581,671,000 659,554,000
(e) General Assistance Medical Care
224,007,000 230,400,000
(f) Alternative Care
37,251,000 41,053,000
(g) Medicaid Management Information System
10,657,000 10,657,000
(h) Administration and Other Grants
23,020,000 23,330,000
[PREADMISSION SCREENING TRANSFER.] Effective the day following final enactment, up to $40,000 of the appropriation for preadmission screening and alternative care for fiscal year 1995 may be transferred to the health care administration account to pay the state's share of county claims for conducting nursing home assessments for persons with mental illness or mental retardation as required by Public Law Number 100-203.
[ICF/MR AND NURSING FACILITY INFLATION.] The commissioner of human services shall grant inflation adjustments for nursing facilities with rate years beginning during the biennium according to Minnesota Statutes, section 256B.431, and shall grant inflation adjustments for intermediate care facilities for persons with mental retardation or related conditions with rate years beginning during the biennium according to Minnesota Statutes, section 256B.501.
[ICF/MR RATE EXEMPTIONS.] For the rate year beginning October 1, 1995, the commissioner shall exempt ICF/MR facilities from reductions to the payment rates under Minnesota Statutes, section 256B.501, subdivision 5b, if the facility: (1) has had a settle-up payment rate established in the reporting year preceding the rate year for a one-time rate adjustment; (2) is a newly established facility; (3) is an A to B licensure conversion project under the reimbursement rule; (4) has a payment rate subject to a community conversion project under Minnesota Statutes, section 252.292; or (5) has a payment rate established under Minnesota Statutes, section 245A.12 or 245A.13. The commissioner shall consider these exceptions in the promulgation of permanent rules for payment rates to be effective on or after October 1, 1996.
[MINNESOTACARE PHARMACY.] Notwithstanding the amendments in this act to Minnesota Statutes, section 256B.0625, subdivision 13, the pharmacy dispensing fee in the MinnesotaCare program shall be $4.10.
[ALTERNATIVE CARE TRANSFER.] Any money allocated to the alternative care program that is not spent for the purposes indicated does not cancel but shall be transferred to the medical assistance account.
[RATABLE REDUCTION.] For services rendered on or after July 1, 1995, the commissioner shall ratably reduce general assistance medical care payments for all services except pharmacy services by 4.0 percent.
[INFLATIONARY FORECAST ERRORS.] The commissioner shall adjust the medical assistance hospital cost index under Minnesota Statutes, section 256.969, subdivision 1, for admissions occurring on or after July 1, 1995, to recover payments under both medical assistance and general assistance medical care made to hospitals in prior years in which projected inflation exceeded actual inflation. The adjustment shall be determined by the commissioner and established at a level sufficient to recover the difference between projected inflation and actual inflation for rate years 1990 to 1992 by June 30, 1997.
[PREADMISSION SCREENING RATE.] The preadmission screening payment to all counties shall continue at the payment amount in effect for fiscal year 1995.
[PAS/AC APPROPRIATION.] The commissioner may expend the money appropriated for preadmission screening and the alternative care program for these purposes in either year of the biennium.
[SAIL TRANSFER.] Appropriations for administrative costs associated with the senior's agenda for independent living (SAIL) program may be transferred to SAIL grants as the commissioner determines necessary to facilitate the delivery of the program.
[STUDY OF OUTPATIENT RATES.] The commissioner shall conduct a review of payment rates and methodologies for medical services that are provided on an outpatient basis. The commissioner may convene a review panel that is comprised of agency staff and staff from hospitals and physician clinics to assist in the review. The commissioner shall submit a report on the results of the review, along with any recommendations for changes to the payment system for outpatient services, to the governor and the legislature by January 15, 1996.
[ADDITIONAL WAIVERED SERVICES.] (a) The commissioner shall seek the necessary amendments to home and community-based waiver programs to provide services to persons who, due to the inability to direct their own care, are no longer eligible for personal care assistant services but are eligible for the community alternatives for disabled individuals (CADI), community alternative care (CAC), mental retardation or related conditions (MR/RC), traumatic brain injury (TBI), or elderly waivers. These recipients who transfer from personal care services to home and community-based waiver programs shall not be denied personal care services until waivered services are available.
(b) Notwithstanding Minnesota Rules, parts 9525.1800 to 9525.1930 and Minnesota Statutes, section 256B.092, subdivision 4, resources for home and community-based services for persons with mental retardation or related conditions, made available for the purpose of providing alternative services for persons affected by the PCA restructuring, shall be allocated based on criteria that considers the assessed needs and home care authorization levels of persons affected by the restructuring and provides preference to these persons during the allocation process.
[CHILDREN INELIGIBLE FOR TEFRA.] When a child is determined ineligible for TEFRA or a child or adult for PCA services, the commissioner shall provide the adult or the child's parent or guardian with information on how to apply for alternative services from the county, the local mental health collaborative, the public health agency, the departments of health and human services, and the Minnesota comprehensive health association.
[ALLOCATION OF WAIVERED SLOTS.] In allocating waiver slots to counties under Minnesota Statutes, sections 256B.092 and 256B.501, the commissioner shall ensure that at least as many individuals are served from county waiting lists as the net census reduction from regional treatment centers. Any unexpended appropriations from the regional treatment center supplements for state enhanced waiver slots shall be transferred into the regional treatment center salary account.
[CONSUMER SATISFACTION SURVEY.] Any federal matching money received through the medical assistance program for the consumer satisfaction survey is appropriated to the commissioner for this purpose. The commissioner may expend the federal money received for the consumer satisfaction survey in either year of the biennium.
[NURSING HOME GEOGRAPHIC GROUPS.] The commissioner shall report to the chairs of the senate health care and family services finance division and the house health and human services finance division by January 15, 1996, with recommendations for changes in the current geographic grouping of nursing homes. The recommendations shall take into account changes in the federal definition of standard metropolitan statistical areas and inequities that result from the current groupings.
[LONG-TERM CARE OPTIONS PROJECT.] Federal funds received by the commissioner of human services for the long-term care options project may be transferred among object of expenditure classifications as the commissioner determines necessary for the implementation of the project.
[MORATORIUM EXCEPTIONS.] Of this appropriation, $200,000 each year is for the medical assistance costs of moratorium exceptions approved by the commissioner of health under Minnesota Statutes, section 144A.073.
[SURCHARGE COMPLIANCE.] In the event that federal financial participation in the Minnesota medical assistance program is reduced as a result of a determination that Minnesota is out of compliance with Public Law Number 102-234 or its implementing regulations or with any other federal law designed to restrict provider tax programs or intergovernmental transfers, the commissioner shall appeal the determination to the fullest extent permitted by law and may ratably reduce all medical assistance and general assistance medical care payments to providers other than the state of Minnesota in order to eliminate any shortfall resulting from the reduced federal funding. Any amount later recovered through the appeals process shall be used to reimburse providers for any ratable reductions taken.
[MANAGED CARE.] The nonfederal share of the Prepaid Medical Assistance Program funds, which have been appropriated to fund county managed care advocacy and enrollment operating costs, shall be disbursed as grants using either a reimbursement or block grant mechanism.
[PMAP CARRYOVER.] Unexpended money appropriated for fiscal year 1996 for the nonfederal share of the prepaid medical assistance program to fund county managed care advocacy and enrollment operating costs does not cancel but is available in fiscal year 1997.
[PREPAID RATE DISCOUNTS.] Notwithstanding section 12 of this article, rates for rate years through December 31, 1998, for the prepaid medical assistance and prepaid general assistance medical care programs shall, in the aggregate for each program in expansion counties after July 1, 1995, include an effective ten percent discount for individuals under 65, and an effective five percent discount for persons age 65 and older, compared with expected fee-for-service costs for the same population.
[COMPULSIVE GAMBLING.] (a) Of the 1995 appropriation for the compulsive gambling program under Laws 1994, chapter 633, article 8, section 8, subdivision 1, up to $175,000 does not cancel but shall remain available for the development and implementation of outcome evaluation, treatment effectiveness research in the biennium ending June 30, 1997.
(b) Only contributions to the compulsive gambling program may be carried forward between fiscal years or from biennium to biennium.
(c) Paragraphs (a) and (b) are effective the day following final enactment.
Subd. 7. Community Mental Health and State-Operated Services
General254,604,000260,379,000
The amounts that may be spent from this appropriation for each purpose are as follows:
(a) Mental Health Grants - Children
7,097,000 12,536,000
[MENTAL HEALTH COLLABORATIVE.] Mental health grants available for children formerly served under the TEFRA program shall be distributed and administered by a children's mental health collaborative where a collaborative exists.
(b) Mental Health Grants - Adults
38,222,000 40,918,000
(c) Residential Treatment Center Facilities
194,921,000 192,265,000
(d) Developmental Disability and Mentally Ill (DD and MI) State-Operated Community Services (SOCS)
13,001,000 13,297,000
(e) Administration and Other Grants
1,363,000 1,363,000
[MENTAL HEALTH GRANTS.] (a) Mental health grants appropriated for the biennium as part of the TEFRA and PCA restructuring proposal shall be distributed to children's mental health collaboratives, or where there is no collaborative, to counties. Grants shall be prorated by county based on the estimated dollar value of services for children and adults with a mental health diagnosis that will be lost due to the changes in Minnesota Statutes, sections 256B.055, subdivision 12, and 256B.0627.
(b) The commissioner shall form a work group to recommend a process for awarding grants that will maximize services purchased and minimize administrative overhead. The task force shall include representatives of the state advisory council on mental health and the children's subcommittee, parents, consumers, advocacy groups, providers, and local social service and public health staff. The work group shall consider whether the process for awarding consumer support grants under Minnesota Statutes, section 256.476, can be utilized for awarding these mental health grants. In addition, the work group shall recommend ways to minimize harm to children and families and to reduce barriers to accessing alternative services.
(c) For the first year of the biennium, funds must be distributed by January 1, 1996, and for the second year, by July 1, 1996. None of this appropriation shall be used for county administration, but must be used to fund direct services to persons found ineligible for TEFRA or PCA services.
[MENTAL HEALTH CASE MANAGEMENT.] Notwithstanding section 12 of this article, this paragraph does not expire. The reimbursement rate for mental health case management services provided by counties under Minnesota Statutes, sections 245.4881 and 256B.0625, for children with severe emotional disturbance is $45.
[CALCULATION OF FTE's.] When calculating regional treatment center full-time equivalent employees, the commissioner of finance shall make a separate calculation for physicians and their salaries.
[RELOCATIONS FROM FARIBAULT.] Of this appropriation, $162,000 in fiscal year 1996 and $37,000 in fiscal year 1997 are for grants to counties for discharge planning related to persons with mental retardation or related conditions being relocated from the Faribault regional center to community services.
[TRANSFERS TO MOOSE LAKE.] Notwithstanding Minnesota Statutes, sections 253B.18, subdivisions 4 and 6, and 253B.185, subdivision 2, with the establishment of the Minnesota sexual psychopathic personality treatment center, the commissioner is authorized to transfer any person committed as a psychopathic personality, sexual psychopathic personality, or sexually dangerous person, between the Minnesota security hospital and the facility at Moose Lake.
[RTC CHEMICAL DEPENDENCY PROGRAMS.] When the operations of the regional treatment center chemical dependency fund created in Minnesota Statutes, section 246.18, subdivision 2, are impeded by projected cash deficiencies resulting from delays in the receipt of grants, dedicated income, or other similar receivables, and when the deficiencies would be corrected within the budget period involved, the commissioner of finance may transfer general fund cash reserves into this account as necessary to meet cash demands. The cash flow transfers must be returned to the general fund in the fiscal year that the transfer was made. Any interest earned on general fund cash flow transfers accrues to the general fund and not the regional treatment center chemical dependency fund.
[RTC RESTRUCTURING.] For purposes of restructuring the regional treatment centers and state nursing homes, any regional treatment center or state nursing home employee whose position is to be eliminated shall be afforded the options provided in applicable collective bargaining agreements. All salary and mitigation allocations from fiscal year 1996 shall be carried forward into fiscal year 1997. Provided there is no conflict with any collective bargaining agreement, any regional treatment center or state nursing home position reduction must only be accomplished through mitigation, attrition, transfer, and other measures as provided in state or applicable collective bargaining agreements and in Minnesota Statutes, section 252.50, subdivision 11, and not through layoff.
[RTC POPULATION.] If the resident population at the regional treatment centers is projected to be higher than the estimates upon which the medical assistance forecast and budget recommendations for the 1996-97 biennium were based, the amount of the medical assistance appropriation that is attributable to the cost of services that would have been provided as an alternative to regional treatment center services, including resources for community placements and waivered services for persons with mental retardation and related conditions, is transferred to the residential facilities appropriation.
[INFRASTRUCTURE REINVESTMENT.] $750,000 is available from the public facilities authority under Minnesota Statutes 446A.071 for grant funds to a local unit of government for the development of infrastructure and planning for redevelopment in response to the memorandum of understanding for the regional treatment centers. Eligible costs include sewer, water, and easements and engineering costs associated with the project proposal.
[CAMP.] Of this appropriation, $30,000 is from the mental health special projects account for adults and children with mental illness from across the state, for a camping program which utilizes the Boundary Waters Canoe Area and is cooperatively sponsored by client advocacy, mental health treatment, and outdoor recreation agencies.
[IMD DOWNSIZING FLEXIBILITY.] If a county presents a budget-neutral plan for a net reduction in the number of institution for mental disease (IMD) beds funded under group residential housing, the commissioner may transfer the net savings from group residential housing and general assistance medical care to medical assistance and mental health grants to provide appropriate services in non-IMD settings.
[REPAIRS AND BETTERMENTS.] The commissioner may transfer unencumbered appropriation balances between fiscal years for the state residential facilities repairs and betterments account and special equipment.
[PROJECT LABOR.] Wages for project labor may be paid by the commissioner of human services out of repairs and betterments money if the individual is to be engaged in a construction project or a repair project of short term and nonrecurring nature.
Compensation for project labor shall be based on the prevailing wage rates, as defined in Minnesota Statutes, section 177.42, subdivision 6. Project laborers are excluded from the provisions of Minnesota Statutes, sections 43A.22 to 43A.30, and shall not be eligible for state-paid insurance and benefits.
[PLAN FOR ADOLESCENT TREATMENT EXPANSION.] The commissioner shall report to the legislature by January 15, 1996, with a cost-neutral plan to add up to 20 beds to each of the two existing adolescent treatment facilities at the regional treatment centers in order to reduce or eliminate out-of-state placement of adolescents who have serious emotional disturbance and exhibit violent behavior, if they cannot be treated in their own communities. Cost neutrality shall be determined by comparing the costs of program expansion with the projected costs of out-of-state placements.
Sec. 3. COMMISSIONER OF HEALTH
Subdivision 1. Total Appropriation 55,639,00055,886,000
Summary by Fund
General37,978,000 37,950,000
Metropolitan Landfill Contingency
Action Fund 193,000 193,000
State Government
Special Revenue15,947,00016,222,000
Trunk Highway1,513,0001,513,000
Special Revenue8,000 8,000
[LANDFILL CONTINGENCY.] The appropriation from the metropolitan landfill contingency action fund is for monitoring well water supplies and conducting health assessments in the metropolitan area.
[TRUNK HIGHWAY FUND.] The appropriation from the trunk highway fund is for emergency medical services activities.
Subd. 2. Health Systems Development 27,928,00027,784,000
Summary by Fund
General27,499,000 27,354,000
State Government
Special Revenue429,000430,000
[WIC TRANSFERS.] General fund appropriations for the women, infants, and children food supplement program (WIC) are available for either year of the biennium. Transfers of appropriations between fiscal years must be for the purpose of maximizing federal funds or minimizing fluctuations in the number of participants.
[NURSING HOME RESIDENTS EDUCATION.] Any efforts undertaken by the Minnesota departments of health or human services to conduct periodic education programs for nursing home residents shall build on and be coordinated with the resident and family advisory council education program established in Minnesota Statutes, section 144A.33.
[HOSPITAL CONVERSION.] Of the appropriation from the general fund, the commissioner of health shall provide $25,000 to a 28-bed hospital located in Chisago county, to enable that facility to plan for closure and conversion, in partnership with other entities, in order to offer outpatient and emergency services at the site.
[CARRYOVER.] General fund appropriations for treatment services in the services for children with special health care needs program are available for either year of the biennium.
Subd. 3. Health Quality Assurance 6,934,0007,065,000
Summary by Fund
General 1,135,000 1,135,000
Trunk Highway1,431,0001,431,000
State Government
Special Revenue4,368,0004,499,000
[NONCERTIFIED NURSING HOME.] Of the appropriation from the state government special revenue fund, up to $250,000 is available if the commissioner determines the need to place a noncertified nursing home into receivership under Minnesota Statutes, section 144A.14 or 144A.15. Any money expended from this account for this purpose shall only be used to cover the necessary costs for the receivership and for the operation of the facility during the time period necessary to relocate residents from the facility. The commissioner shall suspend admissions to the nursing home effective as of the date of the commencement of the receivership. Notwithstanding the provisions of Minnesota Statutes, section 144A.16, and Minnesota Rules, parts 4655.6810 to 4655.6830, the commissioner shall relocate residents within 45 days from the commencement of the receivership if the receivership costs are covered by this section. Once relocation of the residents is completed, the nursing home license shall expire. Notwithstanding the provisions of Minnesota Statutes, section 144A.071, subdivision 3, paragraph (c), the commissioner may issue a new license to operate the facility as a nursing home within 120 days from the commencement of the receivership provided that the licensed and certified capacity does not exceed the capacity of the former facility and all money expended from the state government special revenue account is repaid to the commissioner prior to the issuance of the license. Any unrecovered costs to the fund shall be included as costs to the activity under Minnesota Statutes, section 16A.1285. The commissioner shall report any use of this authority to the commissioner of finance and the chair of the senate health care and family services finance division and the chair of the house human services finance division.
Subd. 4. Health Protection 16,765,00016,861,000
Summary by Fund
General 6,899,000 6,895,000
State Government
Special Revenue9,687,0009,787,000
Metropolitan Landfill Contingency
Action Fund171,000 171,000
Special Revenue8,000 8,000
[LEAD ABATEMENT.] $200,000 is appropriated from the general fund to the commissioner of health for the biennium ending June 30, 1997, for the purpose of administering lead abatement activities. Of this amount, $25,000 shall be used for the purposes of lead-safe housing, and $25,000 shall be used for the purposes of lead cleanup equipment.
Subd. 5. Management and Support Services 4,012,0004,176,000
Summary by Fund
General 2,445,000 2,566,000
Metropolitan Landfill Contingency
Action Fund22,000 22,000
Trunk Highway82,000 82,000
State Government
Special Revenue1,463,0001,506,000
Sec. 4. VETERANS NURSING HOMES BOARD 17,937,00018,614,000
[SPECIAL REVENUE ACCOUNT.] The general fund appropriations made to the veterans homes board shall be transferred to a veterans homes special revenue account in the special revenue fund in the same manner as other receipts are deposited in accordance with Minnesota Statutes, section 198.34, and are appropriated to the veterans homes board of directors for the operation of board facilities and programs.
[SETTING THE COST OF CARE.] The veterans homes board may set the cost of care at the Silver Bay and Luverne facilities based on the cost of average skilled nursing care provided to residents of the Minneapolis veterans home for fiscal year 1996.
[ROOMS WITH MORE THAN FOUR BEDS.] (a) Until June 30, 1996, the commissioner of health shall not apply the provisions of Minnesota Statutes, section 144.55, subdivision 6, paragraph (b), to the Minnesota veterans home at Hastings.
(b) The veterans homes board may not admit residents into the domiciliary beds at the Minnesota veterans home at Hastings before October 1, 1995.
[LICENSED CAPACITY.] The department of health shall not reduce the licensed bed capacity for the Minneapolis veterans home pending completion of the project authorized by Laws 1990, chapter 610, article 1, section 9, subdivision 3, unless the federal grant for the project is not awarded.
[ALLOWANCE FOR FOOD.] The allowance for food may be adjusted annually to reflect changes in the producer price index, as prepared by the United States Bureau of Labor Statistics, with the approval of the commissioner of finance. Adjustments for fiscal year 1996 and fiscal year 1997 must be based on the June 1994 and June 1995 producer price index respectively, but the adjustment must be prorated if it would require money in excess of the appropriation.
[FERGUS FALLS.] If a federal grant for the construction of the Fergus Falls veterans home is received before the start of the 1996 legislative session, the veterans homes board of directors may use up to $150,000 of this appropriation to fund positions and support services to coordinate and oversee the construction of the home and to begin planning for the opening of the facility.
Sec. 5. HEALTH-RELATED BOARDS
Subdivision 1. Total Appropriation 8,906,0008,608,000
[STATE GOVERNMENT SPECIAL REVENUE FUND.] The appropriations in this section are from the state government special revenue fund.
[NO SPENDING IN EXCESS OF REVENUES.] The commissioner of finance shall not permit the allotment, encumbrance, or expenditure of money appropriated in this section in excess of the anticipated biennial revenues or accumulated surplus revenues from fees collected by the boards. Neither this provision nor Minnesota Statutes, section 214.06, applies to transfers from the general contingent account, if the amount transferred does not exceed the amount of surplus revenue accumulated by the transferee during the previous five years.
Subd. 2. Board of Chiropractic Examiners 309,000313,000
Subd. 3. Board of Dentistry 698,000 708,000
Subd. 4. Board of Dietetic and Nutrition Practice 63,000 64,000
Subd. 5. Board of Marriage and Family Therapy 95,000 96,000
Subd. 6. Board of Medical Practice 3,204,0003,188,000
Subd. 7. Board of Nursing 2,258,0002,009,000
[DISCIPLINE AND LICENSING SYSTEMS PROJECT.] Of this appropriation, $548,000 the first year and $295,000 the second year is to implement the discipline and licensing systems project as recommended by the information policy office. In accordance with Minnesota Statutes, section 214.06, subdivision 1, the board may raise fees to fund this activity.
Subd. 8. Board of Nursing Home Administrators 182,000186,000
Subd. 9. Board of Optometry 78,000 79,000
Subd. 10. Board of Pharmacy 900,000 894,000
Subd. 11. Board of Podiatry 31,000 32,000
Subd. 12. Board of Psychology 393,000 396,000
Subd. 13. Board of Social Work 553,000492,000
Subd. 14. Board of Veterinary Medicine 142,000151,000
Sec. 6. COUNCIL ON DISABILITY 725,000 581,000
[COUNCIL ON DISABILITY.] Of this appropriation $150,000 is from the general fund to the council on disability for fiscal year 1996, for the purposes of a matching grant to the Fergus Falls Center for the Arts, Inc. to complete renovations of a local theater necessary to bring it into compliance with the federal Americans with Disabilities Act. This appropriation must be matched by $50,000 of nonstate local funds.
Sec. 7. OMBUDSMAN FOR MENTAL HEALTH AND MENTAL
RETARDATION 1,132,000 1,097,000
Sec. 8. OMBUDSMAN FOR FAMILIES 133,000137,000
Sec. 9. TRANSFERS
Subdivision 1. Entitlement programs
(a) Transfers in fiscal year 1995
Effective the day following final enactment, the commissioner of human services may transfer unencumbered appropriation balances for fiscal year 1995 among the aid to families with dependent children, aid to families with dependent children child care, Minnesota family investment plan, general assistance, general assistance medical care, medical assistance, Minnesota supplemental aid, group residential housing and work readiness programs, and the entitlement portion of the chemical dependency consolidated treatment fund, with the approval of the commissioner of finance after notification of the chair of the senate health care and family services finance division and the chair of the house of representatives health and human services finance division.
(b) Transfers of unencumbered entitled grant and aid appropriations
The commissioner of human services, with the approval of the commissioner of finance, and after notification of the chair of the senate health care and family services finance division and the chair of the house of representatives health and human services finance division, may transfer unencumbered appropriation balances for the biennium ending June 30, 1997, within fiscal years among the aid to families with dependent children, aid to families with dependent children child care, Minnesota family investment plan, general assistance, general assistance medical care, medical assistance, Minnesota supplemental aid, group residential housing, and work readiness programs, and the entitlement portion of the chemical dependency consolidated treatment fund, and between fiscal years of the biennium.
Subd. 2. Approval required
Positions, salary money, and nonsalary administrative money may be transferred within the departments of human services and health and within the programs operated by the veterans nursing homes
board as the commissioners and the board consider necessary, with the advance approval of the commissioner of finance. The commissioners and the board shall inform the chairs of the health and human services finance division of the house of representatives and the health and family services finance division of the senate quarterly about transfers made under this provision.
Subd. 3. Transfer
Funding appropriated by the legislature may not be transferred to a different department than that specified by the legislature without legislative authority.
Sec. 10. PROVISIONS
(a) Money appropriated to the commissioner of human services for the purchase of provisions within the item "current expense" must be used solely for that purpose. Money provided and not used for the purchase of provisions must be canceled into the fund from which appropriated, except that money provided and not used for the purchase of provisions because of population decreases may be transferred and used for the purchase of drugs and medical and hospital supplies and equipment with written approval of the governor after consultation with the legislative advisory commission.
(b) For fiscal year 1996 the allowance for food may be adjusted to the equivalent of the 75th percentile of the comparable raw food costs for community nursing homes as reported to the commissioner of human services. For fiscal year 1997 an adjustment may be made to reflect the annual change in the United States Bureau of Labor Statistics producer price index as of June 1996 with the approval of the commissioner of finance. The adjustments for either year must be prorated if they would require money in excess of this appropriation.
Sec. 11. CARRYOVER LIMITATION
None of the appropriations in this act which are allowed to be carried forward from fiscal year 1996 to fiscal year 1997 shall become part of the base level funding for the 1997-1999 biennial budget, unless specifically directed by the legislature.
Sec. 12. SUNSET OF UNCODIFIED LANGUAGE
All uncodified language contained in this article expires on June 30, 1997, unless a different expiration is explicit.
Section 1. Minnesota Statutes 1994, section 14.03, subdivision 3, is amended to read:
Subd. 3. [RULEMAKING PROCEDURES.] The definition of a rule in section 14.02, subdivision 4, does not include:
(1) rules concerning only the internal management of the agency or other agencies that do not directly affect the rights of or procedures available to the public;
(2) rules of the commissioner of corrections relating to the placement and supervision of inmates serving a supervised release term, the internal management of institutions under the commissioner's control, and rules adopted under section 609.105 governing the inmates of those institutions;
(3) rules relating to weight limitations on the use of highways when the substance of the rules is indicated to the public by means of signs;
(4) opinions of the attorney general;
(5) the systems architecture plan and long-range plan of the state education management information system provided by section 121.931;
(6) the data element dictionary and the annual data acquisition calendar of the department of education to the extent provided by section 121.932;
(7) the occupational safety and health standards provided in section 182.655;
(8) revenue notices and tax information bulletins of the
commissioner of revenue; or
(9) uniform conveyancing forms adopted by the commissioner of commerce under section 507.09; or
(10) the interpretive guidelines developed by the commissioner of human services to the extent provided in chapter 245A.
Sec. 2. Minnesota Statutes 1994, section 16B.08, subdivision 5, is amended to read:
Subd. 5. [FEDERAL GENERAL SERVICES ADMINISTRATION
AGENCY PRICE SCHEDULES.] Notwithstanding anything in this
chapter to the contrary, the commissioner may, instead of
soliciting bids, contract for purchases with suppliers who have
published schedules of prices effective for sales to the
General Services Administration any federal agency of
the United States. These contracts may be entered into,
regardless of the amount of the purchase price, if the
commissioner considers them advantageous and if the purchase
price of all the commodities purchased under the contract do not
exceed the price specified by the schedule.
Sec. 3. Minnesota Statutes 1994, section 171.07, is amended by adding a subdivision to read:
Subd. 10. [AGREEMENTS WITH OTHER AGENCIES.] The commissioner of public safety is authorized to enter into agreements with other agencies to issue cards to clients of those agencies for use in their programs. The cards may be issued to persons who do not qualify for a Minnesota driver's license or do not provide evidence of name and identity as required by rule for a Minnesota identification card. Persons issued cards under this subdivision will meet the identification verification requirements of the contracting agency.
The interagency agreement may include provisions for the payment of the county fee provided in section 171.06, subdivision 4, and the actual cost to manufacture the card.
Cards issued under this subdivision are not Minnesota identification cards for the purposes defined in sections 48.512, 201.061, 201.161, 332.50, and 340A.503.
Sec. 4. Minnesota Statutes 1994, section 245A.02, is amended by adding a subdivision to read:
Subd. 7b. [INTERPRETIVE GUIDELINES.] "Interpretive guidelines" means a policy statement that has been published pursuant to section 245A.09, subdivision 12, and which provides interpretation, details, or supplementary information concerning the application of laws or rules. Interpretive guidelines are published for the information and guidance of consumers, providers of service, county agencies, the department of human services, and others concerned.
Sec. 5. Minnesota Statutes 1994, section 245A.03, subdivision 2a, is amended to read:
Subd. 2a. [LICENSING OF FOSTER CARE BY AN
INDIVIDUAL WHO IS RELATED TO A CHILD; LICENSE
REQUIRED.] Notwithstanding subdivision 2, clause (1), the
commissioner must license or approve an individual who is related
to a child in order to provide foster care for that
a child, an individual who is related to the child,
other than a parent, or legal guardian, must be licensed by the
commissioner except as provided by section 245A.035.
The commissioner may issue the license or approval retroactive
to the date the child was placed in the applicant's home, so long
as no more than 90 days have elapsed since the placement. If
more than 90 days have elapsed since the placement, the
commissioner may issue the license or approval retroactive 90
days. The granting of a license or approval to an individual who
is related to a child shall be according to standards set forth
by foster care rule. The commissioner shall consider the
importance of maintaining the child's relationship to family as
an additional significant factor in determining whether to set
aside a licensing disqualifier under section 245A.04, subdivision
3b, or to grant a variance of licensing requirements under
section 245A.04, subdivision 9, in licensing or approving an
individual related to a child.
Sec. 6. [245A.035] [RELATIVE FOSTER CARE; EMERGENCY LICENSE.]
Subdivision 1. [GRANT OF EMERGENCY LICENSE.] Notwithstanding section 245A.03, subdivision 2a, a county agency may place a child for foster care with a relative who is not licensed to provide foster care, provided the requirements of subdivision 2 are met. As used in this section, the term "relative" has the meaning given it under section 260.181, subdivision 3.
Subd. 2. [COOPERATION WITH EMERGENCY LICENSING PROCESS.] (a) A county agency that places a child with a relative who is not licensed to provide foster care must begin the process of securing an emergency license for the relative as soon as possible and must conduct the initial inspection required by subdivision 3, clause (1), whenever possible, prior to placing the child in the relative's home, but no later than three working days after placing the child in the home. A child placed in the home of a relative who is not licensed to provide foster care must be removed from that home if the relative fails to cooperate with the county agency in securing an emergency foster care license. The commissioner may only issue an emergency foster care license to a relative with whom the county agency wishes to place or has placed a child for foster care.
(b) If a child is to be placed in the home of a relative not licensed to provide foster care, either the placing agency or the county agency in the county in which the relative lives shall conduct the emergency licensing process as required in this section.
Subd. 3. [REQUIREMENTS FOR EMERGENCY LICENSE.] Before an emergency license may be issued, the following requirements must be met:
(1) the county agency must conduct an initial inspection of the premises where the foster care is to be provided to ensure the health and safety of any child placed in the home. The county agency shall conduct the inspection using a form developed by the commissioner;
(2) at the time of the inspection or placement, whichever is earlier, the relative being considered for an emergency license shall receive an application form for a child foster care license; and
(3) whenever possible, prior to placing the child in the relative's home, the relative being considered for an emergency license shall provide the information required by section 245A.04, subdivision 3, paragraph (b).
Subd. 4. [APPLICANT STUDY.] When the county agency has received the information required by section 245A.04, subdivision 3, paragraph (b), the county agency shall begin an applicant study according to the procedures in section 245A.04, subdivision 3. The commissioner may issue an emergency license upon recommendation of the county agency once the initial inspection has been successfully completed and the information necessary to begin the applicant background study has been provided. If the county agency does not recommend that the emergency license be granted, the agency shall notify the relative in writing that the agency is recommending denial to the commissioner; shall remove any child who has been placed in the home prior to licensure; and shall inform the relative in writing of the procedure to request review pursuant to subdivision 6. An emergency license shall be effective until a child foster care license is granted or denied, but shall in no case remain in effect more than 90 days from the date of placement.
Subd. 5. [CHILD FOSTER CARE LICENSE APPLICATION.] The emergency license holder shall complete the child foster care license application and necessary paperwork within ten days of the placement. The county agency shall assist the emergency license holder to complete the application. The granting of a child foster care license to a relative shall be under the procedures in this chapter and according to the standards set forth by foster care rule. In licensing a relative, the commissioner shall consider the importance of maintaining the child's relationship with relatives as an additional significant factor in determining whether to set aside a licensing disqualifier under section 245A.04, subdivision 3b, or to grant a variance of licensing requirements under section 245A.04, subdivision 9.
Subd. 6. [DENIAL OF EMERGENCY LICENSE.] If the commissioner denies an application for an emergency foster care license under this section, that denial must be in writing and must include reasons for the denial. Denial of an emergency license is not subject to appeal under chapter 14. The relative may request a review of the denial by submitting to the commissioner a written statement of the reasons an emergency license should be granted. The commissioner shall evaluate the request for review and determine whether to grant the emergency license. The commissioner's review shall be based on a review of the records submitted by the county agency and the relative. Within 15 working days of the receipt of the request for review, the commissioner shall notify the relative requesting review in written form whether the emergency license will be granted. The commissioner's review shall be based on a review of the records submitted by the county agency and the relative. A child shall not be placed or remain placed in the relative's home while the request for review is pending. Denial of an emergency license shall not preclude an individual from reapplying for an emergency license or from applying for a child foster care license. The decision of the commissioner is the final administrative agency action.
Sec. 7. Minnesota Statutes 1994, section 245A.04, subdivision 3, is amended to read:
Subd. 3. [STUDY OF THE APPLICANT.] (a) Before the commissioner issues a license, the commissioner shall conduct a study of the individuals specified in clauses (1) to (4) according to rules of the commissioner. The applicant, license holder, the bureau of criminal apprehension, and county agencies, after written notice to the individual who is the subject of the study, shall help with the study by giving the commissioner criminal conviction data and reports about abuse or neglect of adults in licensed programs substantiated under section 626.557 and the maltreatment of minors in licensed programs substantiated under section 626.556. The individuals to be studied shall include:
(1) the applicant;
(2) persons over the age of 13 living in the household where the licensed program will be provided;
(3) current employees or contractors of the applicant who will have direct contact with persons served by the program; and
(4) volunteers who have direct contact with persons served by the program to provide program services, if the contact is not directly supervised by the individuals listed in clause (1) or (3).
The juvenile courts shall also help with the study by giving the commissioner existing juvenile court records on individuals described in clause (2) relating to delinquency proceedings held within either the five years immediately preceding the application or the five years immediately preceding the individual's 18th birthday, whichever time period is longer. The commissioner shall destroy juvenile records obtained pursuant to this subdivision when the subject of the records reaches age 23.
For purposes of this section and Minnesota Rules, part 9543.3070, a finding that a delinquency petition is proven in juvenile court shall be considered a conviction in state district court.
For purposes of this subdivision, "direct contact" means providing face-to-face care, training, supervision, counseling, consultation, or medication assistance to persons served by a program. For purposes of this subdivision, "directly supervised" means an individual listed in clause (1) or (3) is within sight or hearing of a volunteer to the extent that the individual listed in clause (1) or (3) is capable at all times of intervening to protect the health and safety of the persons served by the program who have direct contact with the volunteer.
A study of an individual in clauses (1) to (4) shall be conducted at least upon application for initial license and reapplication for a license. No applicant, license holder, or individual who is the subject of the study shall pay any fees required to conduct the study.
(b) The individual who is the subject of the study must provide the applicant or license holder with sufficient information to ensure an accurate study including the individual's first, middle, and last name; home address, city, county, and state of residence; zip code; sex; date of birth; and driver's license number. The applicant or license holder shall provide this information about an individual in paragraph (a), clauses (1) to (4), on forms prescribed by the commissioner. The commissioner may request additional information of the individual, which shall be optional for the individual to provide, such as the individual's social security number or race.
(c) Except for child foster care, adult foster care, and family day care homes, a study must include information from the county agency's record of substantiated abuse or neglect of adults in licensed programs, and the maltreatment of minors in licensed programs, information from juvenile courts as required in paragraph (a) for persons listed in paragraph (a), clause (2), and information from the bureau of criminal apprehension. For child foster care, adult foster care, and family day care homes, the study must include information from the county agency's record of substantiated abuse or neglect of adults, and the maltreatment of minors, information from juvenile courts as required in paragraph (a) for persons listed in paragraph (a), clause (2), and information from the bureau of criminal apprehension. The commissioner may also review arrest and investigative information from the bureau of criminal apprehension, a county attorney, county sheriff, county agency, local chief of police, other states, the courts, or a national criminal record repository if the commissioner has reasonable cause to believe the information is pertinent to the disqualification of an individual listed in paragraph (a), clauses (1) to (4). The commissioner is not required to conduct more than one review of a subject's records from the national criminal record repository if a review of the subject's criminal history with the national criminal record repository has already been completed by the commissioner and there has been no break in the subject's affiliation with the license holder who initiated the background studies.
(d) An applicant's or license holder's failure or refusal to cooperate with the commissioner is reasonable cause to deny an application or immediately suspend, suspend, or revoke a license. Failure or refusal of an individual to cooperate with the study is just cause for denying or terminating employment of the individual if the individual's failure or refusal to cooperate could cause the applicant's application to be denied or the license holder's license to be immediately suspended, suspended, or revoked.
(e) The commissioner shall not consider an application to be complete until all of the information required to be provided under this subdivision has been received.
(f) No person in paragraph (a), clause (1), (2), (3), or (4) who is disqualified as a result of this section may be retained by the agency in a position involving direct contact with persons served by the program.
(g) Termination of persons in paragraph (a), clause (1), (2), (3), or (4) made in good faith reliance on a notice of disqualification provided by the commissioner shall not subject the applicant or license holder to civil liability.
(h) The commissioner may establish records to fulfill the requirements of this section.
(i) The commissioner may not disqualify an individual subject to a study under this section because that person has, or has had, a mental illness as defined in section 245.462, subdivision 20.
(j) An individual who is subject to an applicant background study under this section and whose disqualification in connection with a license would be subject to the limitations on reconsideration set forth in subdivision 3b, paragraph (c), shall be disqualified for conviction of the crimes specified in the manner specified in subdivision 3b, paragraph (c). The commissioner of human services shall amend Minnesota Rules, part 9543.3070, to conform to this section.
Sec. 8. Minnesota Statutes 1994, section 245A.04, subdivision 3b, is amended to read:
Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) Within 30 days after receiving notice of disqualification under subdivision 3a, the individual who is the subject of the study may request reconsideration of the notice of disqualification. The individual must submit the request for reconsideration to the commissioner in writing. The individual must present information to show that:
(1) the information the commissioner relied upon is incorrect; or
(2) the subject of the study does not pose a risk of harm to any person served by the applicant or license holder.
(b) The commissioner may set aside the disqualification if the commissioner finds that the information the commissioner relied upon is incorrect or the individual does not pose a risk of harm to any person served by the applicant or license holder. The commissioner shall review the consequences of the event or events that could lead to disqualification, whether there is more than one disqualifying event, the vulnerability of the victim at the time of the event, the time elapsed without a repeat of the same or similar event, and documentation of successful completion by the individual studied of training or rehabilitation pertinent to the event. In reviewing a disqualification, the commissioner shall give preeminent weight to the safety of each person to be served by the license holder or applicant over the interests of the license holder or applicant.
(c) Unless the information the commissioner relied on in disqualifying an individual is incorrect, the commissioner may not set aside the disqualification of an individual in connection with a license to provide family day care for children, foster care for children in the provider's own home, or foster care or day care services for adults in the provider's own home if:
(1) less than ten years have passed since the discharge of the sentence imposed for the offense; and the individual has been convicted of a violation of any offense listed in section 609.20 (manslaughter in the first degree), 609.205 (manslaughter in the second degree), 609.21 (criminal vehicular homicide), 609.215 (aiding suicide or aiding attempted suicide), 609.221 to 609.2231 (felony violations of assault in the first, second, third, or fourth degree), 609.713 (terroristic threats), 609.235 (use of drugs to injure or to facilitate crime), 609.24 (simple robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 609.255 (false imprisonment), 609.561 or 609.562 (arson in the first or second degree), 609.71 (riot), 609.582 (burglary in the first or second degree), 609.66 (reckless use of a gun or dangerous weapon or intentionally pointing a gun at or towards a human being), 609.665 (setting a spring gun), 609.67 (unlawfully owning, possessing, or operating a machine gun), 609.749 (stalking), 152.021 or 152.022 (controlled substance crime in the first or second degree), 152.023, subdivision 1, clause (3) or (4), or subdivision 2, clause (4) (controlled substance crime in the third degree), 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree), 609.228 (great bodily harm caused by distribution of drugs), 609.23 (mistreatment of persons confined), 609.231 (mistreatment of residents or patients), 609.265 (abduction), 609.2664 to 609.2665 (manslaughter of an unborn child in the first or second degree), 609.267 to 609.2672 (assault of an unborn child in the first, second, or third degree), 609.268 (injury or death of an unborn child in the commission of a crime), 617.293 (disseminating or displaying harmful material to minors), 609.378 (neglect or endangerment of a child), 609.377 (a gross misdemeanor offense of malicious punishment of a child); or an attempt or conspiracy to commit any of these offenses, as each of these offenses is defined in Minnesota Statutes; or an offense in any other state, the elements of which are substantially similar to the elements of any of the foregoing offenses;
(2) regardless of how much time has passed since the discharge of the sentence imposed for the offense, the individual was convicted of a violation of any offense listed in sections 609.185 to 609.195 (murder in the first, second, or third degree), 609.2661 to 609.2663 (murder of an unborn child in the first, second, or third degree), 609.377 (a felony offense of malicious punishment of a child), 609.322 (soliciting, inducement, or promotion of prostitution), 609.323 (receiving profit derived from prostitution), 609.342 to 609.345 (criminal sexual conduct in the first, second, third, or fourth degree), 609.352 (solicitation of children to engage in sexual conduct), 617.246 (use of minors in a sexual performance), 617.247 (possession of pictorial representations of a minor), 609.365 (incest), or an attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes, or an offense in any other state, the elements of which are substantially similar to any of the foregoing offenses;
(3) within the seven years preceding the study, the individual committed an act that constitutes maltreatment of a child under section 626.556, subdivision 10e, and that resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence; or
(4) within the seven years preceding the study, the individual was determined under section 626.557 to be the perpetrator of a substantiated incident of abuse of a vulnerable adult that resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence.
In the case of any ground for disqualification under clauses (1) to (4), if the act was committed by an individual other than the applicant or license holder residing in the applicant's or license holder's home, the applicant or license holder may seek reconsideration when the individual who committed the act no longer resides in the home.
The disqualification periods provided under clauses (1), (3), and (4) are the minimum applicable disqualification periods. The commissioner may determine that an individual should continue to be disqualified from licensure because the license holder or applicant poses a risk of harm to a person served by that individual after the minimum disqualification period has passed.
(d) The commissioner shall respond in writing to all reconsideration requests within 15 working days after receiving the request for reconsideration. If the disqualification is set aside, the commissioner shall notify the applicant or license holder in writing of the decision.
(e) Except as provided in subdivision 3c, the commissioner's decision to disqualify an individual, including the decision to grant or deny a reconsideration of disqualification under this subdivision, or to set aside or uphold the results of the study under subdivision 3, is the final administrative agency action and shall not be subject to further review in a contested case under chapter 14 involving a negative licensing action taken in response to the disqualification.
Sec. 9. Minnesota Statutes 1994, section 245A.04, subdivision 7, is amended to read:
Subd. 7. [ISSUANCE OF A LICENSE; PROVISIONAL LICENSE.] (a) If the commissioner determines that the program complies with all applicable rules and laws, the commissioner shall issue a license. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license;
(5) the maximum number and ages of persons that may receive services from the program; and
(6) any special conditions of licensure.
(b) The commissioner may issue a provisional license for a period not to exceed one year if:
(1) the commissioner is unable to conduct the evaluation or observation required by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet operational;
(2) certain records and documents are not available because persons are not yet receiving services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
A provisional license must not be issued except at the time that a license is first issued to an applicant.
(c) A decision by the commissioner to issue a license does not guarantee that any person or persons will be placed or cared for in the licensed program. A license shall not be transferable to another individual, corporation, partnership, voluntary association, other organization, or controlling individual, or to another location. Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must apply for and be granted a new license to operate the program or the program must not be operated after the expiration date.
Sec. 10. Minnesota Statutes 1994, section 245A.04, subdivision 9, is amended to read:
Subd. 9. [VARIANCES.] The commissioner may grant variances to rules that do not affect the health or safety of persons in a licensed program if the following conditions are met:
(1) the variance must be requested by an applicant or license holder on a form and in a manner prescribed by the commissioner;
(2) the request for a variance must include the reasons that the applicant or license holder cannot comply with a requirement as stated in the rule and the alternative equivalent measures that the applicant or license holder will follow to comply with the intent of the rule; and
(3) the request must state the period of time for which the variance is requested.
The commissioner may grant a permanent variance when conditions under which the variance is requested do not affect the health or safety of persons being served by the licensed program, nor compromise the qualifications of staff to provide services. The permanent variance shall expire as soon as the conditions that warranted the variance are modified in any way. Any applicant or license holder must inform the commissioner of any changes or modifications that have occurred in the conditions that warranted the permanent variance. Failure to advise the commissioner shall result in revocation of the permanent variance and may be cause for other sanctions under sections 245A.06 and 245A.07.
The commissioner's decision to grant or deny a variance request is final and not subject to appeal under the provisions of chapter 14.
Sec. 11. Minnesota Statutes 1994, section 245A.06, subdivision 2, is amended to read:
Subd. 2. [RECONSIDERATION OF CORRECTION ORDERS.] If the
applicant or license holder believes that the contents of the
commissioner's correction order are in error, the applicant or
license holder may ask the department of human services to
reconsider the parts of the correction order that are alleged to
be in error. The request for reconsideration must be in
writing, delivered by certified mail and received by
the commissioner within 20 calendar days after receipt of the
correction order by the applicant or license holder, and:
(1) specify the parts of the correction order that are alleged to be in error;
(2) explain why they are in error; and
(3) include documentation to support the allegation of error.
A request for reconsideration does not stay any provisions or requirements of the correction order. The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.
Sec. 12. Minnesota Statutes 1994, section 245A.06, subdivision 4, is amended to read:
Subd. 4. [NOTICE OF FINE; APPEAL.] A license holder who is ordered to pay a fine must be notified of the order by certified mail. The notice must be mailed to the address shown on the application or the last known address of the license holder. The notice must state the reasons the fine was ordered and must inform the license holder of the responsibility for payment of fines in subdivision 7 and the right to a contested case hearing under chapter 14. The license holder may appeal the order to forfeit a fine by notifying the commissioner by certified mail within 15 calendar days after receiving the order. A timely appeal shall stay forfeiture of the fine until the commissioner issues a final order under section 245A.08, subdivision 5.
Sec. 13. Minnesota Statutes 1994, section 245A.06, is amended by adding a subdivision to read:
Subd. 7. [RESPONSIBILITY FOR PAYMENT OF FINES.] When a fine has been assessed, the license holder may not avoid payment by closing, selling, or otherwise transferring the licensed program to a third party. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment.
Sec. 14. Minnesota Statutes 1994, section 245A.07, subdivision 3, is amended to read:
Subd. 3. [SUSPENSION, REVOCATION, PROBATION.] The commissioner may suspend, revoke, or make probationary a license if a license holder fails to comply fully with applicable laws or rules or knowingly gives false or misleading information to the commissioner in connection with an application for a license or during an investigation. A license holder who has had a license suspended, revoked, or made probationary must be given notice of the action by certified mail. The notice must be mailed to the address shown on the application or the last known address of the license holder. The notice must state the reasons the license was suspended, revoked, or made probationary.
(a) If the license was suspended or revoked, the notice must inform the license holder of the right to a contested case hearing under chapter 14. The license holder may appeal an order suspending or revoking a license. The appeal of an order suspending or revoking a license must be made in writing by certified mail and must be received by the commissioner within ten calendar days after the license holder receives notice that the license has been suspended or revoked.
(b) If the license was made probationary, the notice must inform the license holder of the right to request a reconsideration by the commissioner. The request for reconsideration must be made in writing by certified mail and must be received by the commissioner within ten calendar days after the license holder receives notice that the license has been made probationary. The license holder may submit with the request for reconsideration written argument or evidence in support of the request for reconsideration. The commissioner's disposition of a request for reconsideration is final and is not subject to appeal under chapter 14.
Sec. 15. Minnesota Statutes 1994, section 245A.09, is amended by adding a subdivision to read:
Subd. 8. [INTERPRETIVE GUIDELINES; AUTHORITY.] The commissioner of human services may develop and publish interpretive guidelines.
Sec. 16. Minnesota Statutes 1994, section 245A.09, is amended by adding a subdivision to read:
Subd. 9. [EFFECT OF INTERPRETIVE GUIDELINES.] Interpretive guidelines do not have the force and effect of law and have no precedential effect, but may be relied on by consumers, providers of service, county agencies, the department of human services, and others concerned until revoked or modified. A guideline may be expressly revoked or modified by the commissioner, by the issuance of another interpretive guideline, but may not be revoked or modified retroactively to the detriment of consumers, providers of service, county agencies, the department of human services, or others concerned. A change in the law or an interpretation of the law occurring after the interpretive guidelines are issued, whether in the form of a statute, court decision, administrative ruling, or subsequent interpretive guideline, results in the revocation or modification of the previously adopted guidelines to the extent that the change affects the guidelines.
Sec. 17. Minnesota Statutes 1994, section 245A.09, is amended by adding a subdivision to read:
Subd. 10. [RULEMAKING PROCESS; COMMISSIONER EXEMPTED.] When developing, making, adopting, and issuing interpretive guidelines under the authority granted under subdivision 8, the commissioner is exempt from the rulemaking provisions of chapter 14.
Sec. 18. Minnesota Statutes 1994, section 245A.09, is amended by adding a subdivision to read:
Subd. 11. [ISSUANCE; DISCRETION OF THE COMMISSIONER.] The issuance of interpretive guidelines is at the discretion of the commissioner of human services.
Sec. 19. Minnesota Statutes 1994, section 245A.09, is amended by adding a subdivision to read:
Subd. 12. [PUBLICATION OF GUIDELINES.] The commissioner shall publish notice of interpretive guidelines availability in the State Register. The commissioner may publish or make available the interpretive guidelines in any manner determined by the commissioner, provided they are accessible to the general public. The commissioner may charge a reasonable fee for copies of the guidelines requested by interested parties when they are provided by the commissioner.
Sec. 20. Minnesota Statutes 1994, section 245A.14, subdivision 6, is amended to read:
Subd. 6. [DROP-IN CHILD CARE PROGRAMS.] (a) Except as expressly set forth in this subdivision, drop-in child care programs must be licensed as a drop-in program under the rules governing child care programs operated in a center.
(b) Drop-in child care programs are exempt from the following Minnesota Rules:
(1) part 9503.0040;
(2) part 9503.0045, subpart 1, items F and G;
(3) part 9503.0050, subpart 6, except for children less than 2-1/2 years old;
(4) one-half the requirements of part 9503.0060, subpart 4, item A, subitems (2), (5), and (8), subpart 5, item A, subitems (2), (3), and (7), and subpart 6, item A, subitems (3) and (6);
(5) part 9503.0070; and
(6) part 9503.0090, subpart 2.
(c) A drop-in child care program must be operated under the supervision of a person qualified as a director and a teacher.
(d) A drop-in child care program must have at least two persons on staff whenever the program is operating, except that the commissioner may permit variances from this requirement under specified circumstances for parent cooperative programs, as long as all other staff-to-child ratios are met.
(e) Whenever the total number of children present to be cared for at a center is more than 20, children that are younger than age 2-1/2 must be in a separate group. This group may contain children up to 60 months old. This group must be cared for in an area that is physically separated from older children.
(f) A drop-in child care program must maintain a minimum staff ratio for children age 2-1/2 or greater of one staff person for each ten children.
(g) If the program has additional staff who are on call as a mandatory condition of their employment, the minimum child-to-staff ratio may be exceeded only for children age 2-1/2 or greater, by a maximum of four children, for no more than 20 minutes while additional staff are in transit.
(h) The minimum staff-to-child ratio for infants up to 16 months of age is one staff person for every four infants. The minimum staff-to-child ratio for children age 17 months to 30 months is one staff for every seven children.
(i) In drop-in care programs that serve both infants and older children, children up to age 2-1/2 may be supervised by assistant teachers, as long as other staff are present in appropriate ratios.
(j) The minimum staff distribution pattern for a drop-in child care program serving children age 2-1/2 or greater is: the first staff member must be a teacher; the second, third, and fourth staff members must have at least the qualifications of a child care aide; the fifth staff member must have at least the qualifications of an assistant teacher; the sixth, seventh, and eighth staff members must have at least the qualifications of a child care aide; and the ninth staff person must have at least the qualifications of an assistant teacher.
(k) A drop-in child care program may care for siblings 16 months or older together in any group. For purposes of this subdivision, sibling is defined as sister or brother, half-sister or half-brother, or stepsister or stepbrother.
(l) The commissioner may grant a variance to any of the requirements in paragraphs (a) to (k), as long as the health and safety of the persons served by the program are not affected. The request for a variance shall comply with the provisions in section 245A.04, subdivision 9.
Sec. 21. Minnesota Statutes 1994, section 256.014, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF SYSTEMS.] The commissioner of human services shall establish and enhance computer systems necessary for the efficient operation of the programs the commissioner supervises, including:
(1) management and administration of the food stamp and income maintenance programs, including the electronic distribution of benefits;
(2) management and administration of the child support enforcement program; and
(3) administration of medical assistance and general assistance medical care.
The commissioner shall distribute the nonfederal share of the costs of operating and maintaining the systems to the commissioner and to the counties participating in the system in a manner that reflects actual system usage, except that the nonfederal share of the costs of the MAXIS computer system and child support enforcement systems shall be borne entirely by the commissioner. Development costs must not be assessed against county agencies.
Sec. 22. Minnesota Statutes 1994, section 256.025, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the following terms have the meanings given them.
(b) "Base amount" means the calendar year 1990 county share of county agency expenditures for all of the programs specified in subdivision 2, except for the programs in subdivision 2, clauses (4), (7), and (13). The 1990 base amount for subdivision 2, clause (4), shall be reduced by one-seventh for each county, and the 1990 base amount for subdivision 2, clause (7), shall be reduced by seven-tenths for each county, and those amounts in total shall be the 1990 base amount for group residential housing in subdivision 2, clause (13).
(c) "County agency expenditure" means the total expenditure or cost incurred by the county of financial responsibility for the benefits and services for each of the programs specified in subdivision 2, excluding county optional costs which are not reimbursable with state funds. The term includes the federal, state, and county share of costs for programs in which there is federal financial participation. For programs in which there is no federal financial participation, the term includes the state and county share of costs. The term excludes county administrative costs, unless otherwise specified.
(d) "Nonfederal share" means the sum of state and county shares of costs of the programs specified in subdivision 2.
(e) The "county share of county agency expenditures growth
amount" is the amount by which the county share of county agency
expenditures in calendar years 1991 to 2000 2002
has increased over the base amount.
Sec. 23. Minnesota Statutes 1994, section 256.025, subdivision 2, is amended to read:
Subd. 2. [COVERED PROGRAMS AND SERVICES.] The procedures in this section govern payment of county agency expenditures for benefits and services distributed under the following programs:
(1) aid to families with dependent children under sections 256.82, subdivision 1, and 256.935, subdivision 1;
(2) medical assistance under sections 256B.041, subdivision 5, and 256B.19, subdivision 1;
(3) general assistance medical care under section 256D.03, subdivision 6;
(4) general assistance under section 256D.03, subdivision 2;
(5) work readiness under section 256D.03, subdivision 2, for assistance costs incurred prior to July 1, 1995;
(6) emergency assistance under section 256.871, subdivision 6;
(7) Minnesota supplemental aid under section 256D.36, subdivision 1;
(8) preadmission screening and alternative care grants;
(9) work readiness services under section 256D.051 for employment and training services costs incurred prior to July 1, 1995;
(10) case management services under section 256.736, subdivision 13, for case management service costs incurred prior to July 1, 1995;
(11) general assistance claims processing, medical transportation and related costs;
(12) medical assistance, medical transportation and related costs; and
(13) group residential housing under section 256I.05, subdivision 8, transferred from programs in clauses (4) and (7).
Sec. 24. Minnesota Statutes 1994, section 256.025, subdivision 3, is amended to read:
Subd. 3. [PAYMENT METHODS.] (a) Beginning July 1, 1991, the state will reimburse counties for the county share of county agency expenditures for benefits and services distributed under subdivision 2. Reimbursement may take the form of offsets to billings of a county, if the county agrees to the offset process.
(b) Payments under subdivision 4 are only for client benefits and services distributed under subdivision 2 and do not include reimbursement for county administrative expenses.
(c) The state and the county agencies shall pay for assistance programs as follows:
(1) Where the state issues payments for the programs, the county shall monthly or quarterly pay to the state, as required by the department of human services, the portion of program costs not met by federal and state funds. The payment shall be an estimate that is based on actual expenditures from the prior period and that is sufficient to compensate for the county share of disbursements as well as state and federal shares of recoveries;
(2) Where the county agencies issue payments for the programs, the state shall monthly or quarterly pay to counties all federal funds available for those programs together with an amount of state funds equal to the state share of expenditures; and
(3) Payments made under this paragraph are subject to section 256.017. Adjustment of any overestimate or underestimate in payments shall be made by the state agency in any succeeding month.
Sec. 25. Minnesota Statutes 1994, section 256.026, is amended to read:
256.026 [ANNUAL APPROPRIATION.]
(a) There shall be appropriated from the general fund to the
commissioner of human services in fiscal year 1994 1996
the amount of $136,154,768 and in fiscal year 1997 and each
fiscal year thereafter the amount of $142,339,359, which is
the sum of the amount of human services aid determined for all
counties in Minnesota for calendar year 1992 under Minnesota
Statutes 1992, section 273.1398, subdivision 5a, before any
adjustments for calendar year 1991 $133,781,768.
(b) In addition to the amount in paragraph (a), there shall
also be annually appropriated from the general fund to the
commissioner of human services in fiscal years 1996, 1997, 1998,
1999, 2000, and 2001 the amount of
$5,930,807 $5,574,241.
(c) The amounts appropriated under paragraphs (a) and (b) shall
be used with other appropriations to make payments required under
section 256.025 for fiscal year 1994 1996 and
thereafter.
Sec. 26. Minnesota Statutes 1994, section 256.034, subdivision 1, is amended to read:
Subdivision 1. [CONSOLIDATION OF TYPES OF ASSISTANCE.] Under the Minnesota family investment plan, assistance previously provided to families through the AFDC, food stamp, and general assistance programs must be combined into a single cash assistance program. As authorized by Congress, families receiving assistance through the Minnesota family investment plan are automatically eligible for and entitled to medical assistance under chapter 256B. Federal, state, and local funds that would otherwise be allocated for assistance to families under the AFDC, food stamp, and general assistance programs must be transferred to the Minnesota family investment plan. The provisions of the Minnesota family investment plan prevail over any provisions of sections 245.771, 256.72 to 256.87, 256D.01 to 256D.21, or 393.07, subdivisions 10 and 10a, and any rules implementing those sections with which they are irreconcilable. The food stamp, general assistance, and work readiness programs for single persons and couples who are not responsible for the care of children are not replaced by the Minnesota family investment plan. Unless stated otherwise in statutes or rules governing the Minnesota family investment plan, participants in the Minnesota family investment plan shall be considered to be recipients of aid under aid to families with dependent children, family general assistance, and food stamps for the purposes of statutes and rules affecting such recipients or allocations of funding based on the assistance status of the recipients, and to specifically be subject to the provisions of section 256.98.
Sec. 27. Minnesota Statutes 1994, section 256.045, subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY HEARINGS.] (a) Any person applying for, receiving or having received public assistance or a program of social services granted by the state agency or a county agency under sections 252.32, 256.031 to 256.036, and 256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the federal Food Stamp Act whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid, or any patient or relative aggrieved by an order of the commissioner under section 252.27, or a party aggrieved by a ruling of a prepaid health plan, may contest that action or decision before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action or decision, or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause why the request was not submitted within the 30-day time limit.
(b) Except for a prepaid health plan, a vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services under section 256E.08, subdivision 4, is not a party and may not request a hearing under this section, except if assisting a recipient as provided in subdivision 4.
(c) An applicant or recipient is not entitled to receive social services beyond the services included in the amended community social services plan developed under section 256E.081, subdivision 3, if the county agency has met the requirements in section 256E.081.
Sec. 28. Minnesota Statutes 1994, section 256.045, subdivision 4, is amended to read:
Subd. 4. [CONDUCT OF HEARINGS.] All hearings held pursuant to subdivision 3, 3a, or 4a shall be conducted according to the provisions of the federal Social Security Act and the regulations implemented in accordance with that act to enable this state to qualify for federal grants-in-aid, and according to the rules and written policies of the commissioner of human services. County agencies shall install equipment necessary to conduct telephone hearings.
A state human services referee may schedule a telephone conference hearing when the distance or time required to travel to the county agency offices will cause a delay in the issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings may be conducted by telephone conferences unless the applicant, recipient, or former recipient objects. The hearing shall not be held earlier than five days after filing of the required notice with the county or state agency. The state human services referee shall notify all interested persons of the time, date, and location of the hearing at least five days before the date of the hearing. Interested persons may be represented by legal counsel or other representative of their choice, including a provider of therapy services, at the hearing and may appear personally, testify and offer evidence, and examine and cross-examine witnesses. The applicant, recipient, or former recipient shall have the opportunity to examine the contents of the case file and all documents and records to be used by the county or state agency at the hearing at a reasonable time before the date of the hearing and during the hearing. Upon request, the county agency shall provide reimbursement for transportation, child care, photocopying, medical assessment, witness fee, and other necessary and reasonable costs incurred by the applicant, recipient, or former recipient in connection with the appeal. All evidence, except that privileged by law, commonly accepted by reasonable people in the conduct of their affairs as having probative value with respect to the issues shall be submitted at the hearing and such hearing shall not be "a contested case" within the meaning of section 14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and may not submit evidence after the hearing except by agreement of the parties at the hearing, provided the recipient has the opportunity to respond.
Sec. 29. Minnesota Statutes 1994, section 256.045, subdivision 5, is amended to read:
Subd. 5. [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.] A state human services referee shall conduct a hearing on the appeal and shall recommend an order to the commissioner of human services. The recommended order must be based on all relevant evidence and must not be limited to a review of the propriety of the state or county agency's action. A referee may take official notice of adjudicative facts. The commissioner of human services may accept the recommended order of a state human services referee and issue the order to the county agency and the applicant, recipient, former recipient, or prepaid health plan. The commissioner on refusing to accept the recommended order of the state human services referee, shall notify the county agency and the applicant, recipient, former recipient, or prepaid health plan of that fact and shall state reasons therefor and shall allow each party ten days' time to submit additional written argument on the matter. After the expiration of the ten-day period, the commissioner shall issue an order on the matter to the county agency and the applicant, recipient, former recipient, or prepaid health plan.
A party aggrieved by an order of the commissioner may appeal under subdivision 7, or request reconsideration by the commissioner within 30 days after the date the commissioner issues the order. The commissioner may reconsider an order upon request of any party or on the commissioner's own motion. A request for reconsideration does not stay implementation of the commissioner's order. Upon reconsideration, the commissioner may issue an amended order or an order affirming the original order.
Any order of the commissioner issued under this subdivision shall be conclusive upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order of the commissioner is binding on the parties and must be implemented by the state agency or a county agency until the order is reversed by the district court, or unless the commissioner or a district court orders monthly assistance or aid or services paid or provided under subdivision 10.
Except for a prepaid health plan, a vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services under section 256E.08, subdivision 4, is not a party and may not request a hearing or seek judicial review of an order issued under this section, unless assisting a recipient as provided in subdivision 4.
Sec. 30. Minnesota Statutes 1994, section 256.98, subdivision 1, is amended to read:
Subdivision 1. [WRONGFULLY OBTAINING ASSISTANCE.] A person who obtains, or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation, by intentional concealment of a material fact, or by impersonation or other fraudulent device, assistance to which the person is not entitled or assistance greater than that to which the person is entitled, or who knowingly aids or abets in buying or in any way disposing of the property of a recipient or applicant of assistance without the consent of the county agency with intent to defeat the purposes of sections 256.12, 256.031 to 256.0361, 256.72 to 256.871, and chapter 256B, or all of these sections is guilty of theft and shall be sentenced pursuant to section 609.52, subdivision 3, clauses (2), (3)(a) and (c), (4), and (5).
Sec. 31. Minnesota Statutes 1994, section 256.98, subdivision 8, is amended to read:
Subd. 8. [DISQUALIFICATION FROM PROGRAM.] Any person found to
be guilty of wrongfully obtaining assistance by a federal or
state court or by an administrative hearing determination, or
waiver thereof, through a disqualification consent agreement, or
as part of any approved diversion plan under section 401.065
in either the aid to families with dependent children
program or, the food stamp program, the
Minnesota family investment plan, the general assistance or
family general assistance program, the Minnesota supplemental aid
program, or the work readiness program shall be disqualified
from that program. The needs of that individual shall not be
taken into consideration in determining the grant level for that
assistance unit:
(1) for six months after the first offense;
(2) for 12 months after the second offense; and
(3) permanently after the third or subsequent offense.
Any The period for which sanctions are imposed
is effective, of program disqualification shall begin on
the date stipulated on the advance notice of disqualification
without possibility of postponement for administrative
stay, or administrative hearing and shall continue
through completion unless and until the findings upon which
the sanctions were imposed are reversed by a court of competent
jurisdiction. The period for which sanctions are imposed is not
subject to review. The sanctions provided under this subdivision
are in addition to, and not in substitution for, any other
sanctions that may be provided for by law for the offense
involved. A disqualification established through hearing or
waiver shall result in the disqualification period beginning
immediately unless the person has become otherwise ineligible for
assistance. If the person is ineligible for assistance, the
disqualification period begins when the person again meets the
eligibility criteria of the program from which they were
disqualified.
Sec. 32. Minnesota Statutes 1994, section 256.983, subdivision 4, is amended to read:
Subd. 4. [FUNDING.] (a) Every involved county agency shall either have in place or obtain an approved contract which meets all federal requirements necessary to obtain enhanced federal funding for its welfare fraud control and fraud prevention investigation programs. County agency reimbursement shall be made through the settlement provisions applicable to the aid to families with dependent children and food stamp programs.
(b) After allowing an opportunity to establish compliance, the commissioner will deny administrative reimbursement if for any three-month period during any grant year, a county agency fails to comply with fraud investigation guidelines, or fails to meet the cost-effectiveness standards developed by the commissioner. This result is contingent on the commissioner providing written notice, including an offer of technical assistance, within 30 days of the end of the third or subsequent month of noncompliance. The county agency shall be required to submit a corrective action plan to the commissioner within 30 days of receipt of a notice of noncompliance. Failure to submit a corrective action plan or, continued deviation from standards of more than ten percent after submission of a corrective action plan, will result in denial of funding for each subsequent month during the grant year or billing the county agency for fraud prevention investigation (FPI) service provided by the commissioner. The denial of funding shall apply to the general settlement received by the county agency on a quarterly basis and shall not reduce the grant amount applicable to the FPI project.
Sec. 33. [256.986] [FRAUD CONTROL; PROGRAM INTEGRITY REINVESTMENT PROJECT.]
Subdivision 1. [PROGRAM ESTABLISHED.] Within the limits of available state and federal appropriations, and to the extent required or authorized by applicable federal regulations, the commissioner of human services shall make funding available to county agencies for the establishment of program integrity reinvestment initiatives. The project shall initially be limited to those county agencies participating in federally funded optional fraud control programs as of January 1, 1995.
Subd. 2. [COUNTY PROPOSALS.] Each included county shall develop and submit annual funding, staffing, and operating grant proposals to the commissioner no later than April 30 of each year. For the first operating year only, the proposal shall be submitted no later than October 30. Each proposal shall provide information on: (a) the staffing and funding of the fraud investigation and prosecution operations; (b) job descriptions for agency fraud control staff; (c) contracts covering outside investigative agencies; (d) operational methods to integrate the use of fraud prevention investigation techniques; and (e) administrative disqualification hearings and diversions into the existing county fraud control and prosecution procedures.
Subd. 3. [DEPARTMENT RESPONSIBILITIES.] The commissioner shall provide written instructions outlining the contents of the proposals to be submitted under this section. Instructions shall be made available 30 days prior to the date by which proposals under subdivision 2 must be submitted. The commissioner shall establish training programs which shall be attended by fraud control staff of all involved counties. The commissioner shall also develop the necessary operational guidelines, forms, and reporting mechanisms which shall be used by the involved counties.
Subd. 4. [STANDARDS.] The commissioner shall establish standards governing the performance levels of involved county investigative units based on grant agreements negotiated with the involved county agencies. The standards shall take into consideration and may include investigative caseloads, grant savings levels, the comparison of fraud prevention and prosecution directed investigations, utilization levels of administrative disqualification hearings, the timely reporting and implementation of disqualifications, and the timeliness of reports received from prosecutors.
Subd. 5. [FUNDING.] (a) Grant funds are intended to help offset the reduction in federal financial participation to 50 percent and may be apportioned to the participating counties whenever feasible, and within the commissioner's discretion, to achieve this goal. State funding shall be made available contingent on counties submitting a plan that is approved by the department of human services. Failure or delay in obtaining that approval shall not, however, eliminate the obligation to maintain fraud control efforts at the January 1, 1995, level. Additional counties may be added to the project to the extent that funds are subsequently made available. Every involved county must meet all federal requirements necessary to obtain federal funding for its welfare fraud control and prevention programs. County agency reimbursement shall be made through the settlement provisions applicable to the AFDC and food stamp programs.
(b) Should a county agency fail to comply with the standards set, or fail to meet cost-effectiveness standards developed by the commissioner for three months during any grant year, the commissioner shall deny reimbursement or administrative costs, after allowing an opportunity to establish compliance.
(c) Any denial of reimbursement under clause (b) is contingent on the commissioner providing written notice, including an offer of technical assistance, within 30 days of the end of the third or subsequent months of noncompliance. The county agency shall be required to submit a corrective action plan to the commissioner within 30 days of receipt of a notice of noncompliance. Failure to submit a corrective action plan or continued deviation from standards of more than ten percent after submission of corrective action plan, will result in denial of funding for each such month during the grant year, or billing the county agency for program integrity reinvestment project services provided by the commissioner. The denial of funding shall apply to the general settlement received by the county agency on a quarterly basis and shall not reduce the grant amount applicable to the program integrity reinvestment project.
Sec. 34. [256.9861] [ASSISTANCE TRANSACTION CARD FEE.]
Subdivision 1. [REPLACEMENT CARD.] The commissioner of human services may charge a cardholder, defined as a person in whose name the transaction card was issued, a $2 fee to replace an assistance transaction card. The fees shall be appropriated to the commissioner and used for electronic benefit purposes.
Subd. 2. [TRANSACTION FEE.] The commissioner may charge transaction fees in accordance with this subdivision up to a maximum of $10 in transaction fees per cardholder per month. In a given month, the first four cash withdrawals made by an individual cardholder are free. For subsequent cash withdrawals, $1 may be charged. No transaction fee can be charged if the card is used to purchase goods or services on a point of sale basis. A transaction fee subsequently set by the federal government may supersede a fee established under this subdivision. The fees shall be appropriated to the commissioner and used for electronic benefit purposes.
Sec. 35. Minnesota Statutes 1994, section 524.6-207, is amended to read:
524.6-207 [RIGHTS OF CREDITORS.]
No multiple-party account will be effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse, minor children and dependent children or against a county agency with a claim authorized by section 256B.15, if other assets of the estate are insufficient, to the extent the deceased party is the source of the funds or beneficial owner. A surviving party or P.O.D. payee who receives payment from a multiple-party account after the death of a deceased party shall be liable to account to the deceased party's personal representative or a county agency with a claim authorized by section 256B.15 for amounts the decedent owned beneficially immediately before death to the extent
necessary to discharge any such claims and charges remaining
unpaid after the application of the assets of the decedent's
estate. No proceeding to assert this liability shall be
commenced unless by the personal representative
unless the personal representative has received a written
demand by a surviving spouse, a creditor or one acting for a
minor dependent child of the decedent, and no proceeding shall be
commenced later than two years following the death of the
decedent. Sums recovered by the personal representative shall be
administered as part of the decedent's estate. This section
shall not affect the right of a financial institution to make
payment on multiple-party accounts according to the terms
thereof, or make it liable to the estate of a deceased party
unless, before payment, the institution has been served with
process in a proceeding by the personal representative or a
county agency with a claim authorized by section 256B.15.
Sec. 36. Minnesota Statutes 1994, section 550.37, subdivision 14, is amended to read:
Subd. 14. [PUBLIC ASSISTANCE.] All relief based on need, and
the earnings or salary of a person who is a recipient of relief
based on need, shall be exempt from all claims of creditors
including any contractual setoff or security interest asserted by
a financial institution. For the purposes of this chapter,
relief based on need includes AFDC, general assistance medical
care, supplemental security income, medical assistance, Minnesota
supplemental assistance, and general assistance. The salary or
earnings of any debtor who is or has been a an
eligible recipient of relief based on need, or an inmate of a
correctional institution shall, upon the debtor's return to
private employment or farming after having been a an
eligible recipient of relief based on need, or an inmate of a
correctional institution, be exempt from attachment, garnishment,
or levy of execution for a period of six months after the
debtor's return to employment or farming and after all public
assistance for which eligibility existed has been
terminated. The exemption provisions contained in this
subdivision also apply for 60 days after deposit in any financial
institution, whether in a single or joint account. In tracing
the funds, the first-in first-out method of accounting shall be
used. The burden of establishing that funds are exempt rests
upon the debtor. Agencies distributing relief and the
correctional institutions shall, at the request of creditors,
inform them whether or not any debtor has been a an
eligible recipient of relief based on need, or an inmate of a
correctional institution, within the preceding six months.
Sec. 37. [MCLEOD COUNTY; COUNTY OFFICES OUTSIDE COUNTY SEAT.]
Notwithstanding Minnesota Statutes, section 382.04 to the contrary, the McLeod county auditor, treasurer, social service director, and recorder may temporarily office at a location in Glencoe township. The authority provided in this section expires six years after final enactment.
Sec. 38. [WAIVER REQUEST; GRANDPARENT EXCLUSION FROM LICENSURE.]
The commissioner of human services shall seek a federal waiver to allow the exclusion of grandparents from the foster care licensing requirements. If the waiver is granted, notwithstanding Minnesota Statutes, section 245A.03, the commissioner may exclude grandparents from foster care licensure. The commissioner shall recommend to the legislature in the legislative session following the approval of the waiver, related, necessary changes in the law.
Sec. 39. [REPEALER.]
Minnesota Statutes 1994, section 256E.06, subdivisions 12 and 13, are repealed.
Sec. 40. [EFFECTIVE DATES.]
Subdivision 1. Sections 5 (245A.03, subdivision 2a), 6 (245A.035, subdivisions 1 to 6), 7 to 10 (245A.04, subdivisions 3, 3b, 7, and 9), 11 to 13 (245A.06, subdivisions 2, 4, and 7), 14 (245A.07, subdivision 3), and 20 (245A.14, subdivision 6), are effective the day following final enactment.
Subd. 2. Under Minnesota Statutes, section 645.023, subdivision 1, clause (a), section 32, takes effect, without local approval, the day following final enactment.
Section 1. Minnesota Statutes 1994, section 246.23, subdivision 2, is amended to read:
Subd. 2. [CHEMICAL DEPENDENCY TREATMENT.] The commissioner shall maintain a regionally based, state-administered system of chemical dependency programs. Counties may refer individuals who are eligible for services under chapter 254B to the chemical dependency units in the regional treatment centers. A 15 percent county share of the per diem cost of treatment is required for individuals served within the treatment capacity funded by
direct legislative appropriation. By July 1, 1991, the
commissioner shall establish criteria for admission to the
chemical dependency units that will maximize federal and private
funding sources, fully utilize the regional treatment center
capacity, and make state-funded treatment capacity available to
counties on an equitable basis. The admission criteria may be
adopted without rulemaking. Existing rules governing placements
under chapters 254A and 254B do not apply to admissions to the
capacity funded by direct appropriation. Private and third-party
collections and payments are appropriated to the commissioner for
the operation of the chemical dependency units. In addition to
the chemical dependency treatment capacity funded by direct
legislative appropriation, the regional treatment centers may
provide treatment to additional individuals whose treatment is
paid for out of the chemical dependency consolidated treatment
fund under chapter 254B, in which case placement rules adopted
under chapter 254B apply,; to those individuals who are
ineligible but committed for treatment under chapter 253B as
provided in section 254B.05, subdivision 4; or to
individuals covered through other nonstate payment
sources.
Sec. 2. Minnesota Statutes 1994, section 252.275, subdivision 3, is amended to read:
Subd. 3. [REIMBURSEMENT.] Counties shall be reimbursed for all
expenditures made pursuant to subdivision 1 at a rate of 70
percent, up to the allocation determined pursuant to subdivisions
4, 4a, and 4b. However, the commissioner shall not
reimburse costs of services for any person if the costs exceed
the state share of the average medical assistance costs for
services provided by intermediate care facilities for a person
with mental retardation or a related condition for the same
fiscal year, and shall not reimburse costs of a one-time living
allowance for any person if the costs exceed $1,500 in a state
fiscal year. For the biennium ending June 30, 1993, the
commissioner shall not reimburse costs in excess of the 85th
percentile of hourly service costs based upon the cost
information supplied to the legislature in the proposed budget
for the biennium. The commissioner may make payments to each
county in quarterly installments. The commissioner may certify
an advance of up to 25 percent of the allocation. Subsequent
payments shall be made on a reimbursement basis for reported
expenditures and may be adjusted for anticipated spending
patterns.
Sec. 3. Minnesota Statutes 1994, section 252.275, subdivision 4, is amended to read:
Subd. 4. [FORMULA.] Effective January 1, 1992, The
commissioner shall allocate funds on a calendar year basis.
For calendar year 1992, funds shall be allocated based on each
county's portion of the statewide reimbursement received under
this section for state fiscal year 1991. For subsequent calendar
years, funds shall be Beginning with the calendar year in
the 1996 grant period, funds shall be allocated first in amounts
equal to each county's guaranteed floor according to subdivision
4b, with any remaining available funds allocated based on
each county's portion of the statewide expenditures eligible for
reimbursement under this section during the 12 months ending on
June 30 of the preceding calendar year.
If the legislature appropriates funds for special purposes, the commissioner may allocate the funds based on proposals submitted by the counties to the commissioner in a format prescribed by the commissioner. Nothing in this section prevents a county from using other funds to pay for additional costs of semi-independent living services.
Sec. 4. Minnesota Statutes 1994, section 252.275, subdivision 8, is amended to read:
Subd. 8. [USE OF FEDERAL FUNDS AND TRANSFER OF FUNDS TO MEDICAL ASSISTANCE.] (a) The commissioner shall make every reasonable effort to maximize the use of federal funds for semi-independent living services.
(b) The commissioner shall reduce the payments to be made under this section to each county from January 1, 1994 to June 30, 1996, by the amount of the state share of medical assistance reimbursement for services other than residential services provided under the home and community-based waiver program under section 256B.092 from January 1, 1994 to June 30, 1996, for clients for whom the county is financially responsible and who have been transferred by the county from the semi-independent living services program to the home and community-based waiver program. Unless otherwise specified, all reduced amounts shall be transferred to the medical assistance state account.
(c) For fiscal year 1997, the base appropriation available under this section shall be reduced by the amount of the state share of medical assistance reimbursement for services other than residential services provided under the home and community-based waiver program authorized in section 256B.092 from January 1, 1995 to December 31, 1995, for persons who have been transferred from the semi-independent living services program to the home and community-based waiver program. The base appropriation for the medical assistance state account shall be increased by the same amount.
(d) For purposes of calculating the guaranteed floor under
subdivision 4b and to establish the calendar year 1996
allocations, each county's original allocation for calendar year
1995 shall be reduced by the amount transferred to the state
medical assistance account under paragraph (b) during the six
months ending on June 30, 1995. For purposes of calculating the
guaranteed floor under subdivision 4b and to establish the
calendar year 1997 allocations, each county's original allocation
for calendar year 1996 shall be reduced by the amount transferred
to the state medical assistance account under paragraph (b)
during the six months ending on June 30, 1996 December
31, 1995.
Sec. 5. Minnesota Statutes 1994, section 252.292, subdivision 4, is amended to read:
Subd. 4. [FACILITY RATES.] For purposes of this section, the commissioner shall establish payment rates under section 256B.501 and Minnesota Rules, parts 9553.0010 to 9553.0080, except that, in order to facilitate an orderly transition of residents from community intermediate care facilities for persons with mental retardation or related conditions to services provided under the home and community-based services program, the commissioner may, in a contract with the provider, modify the effect of provisions in Minnesota Rules, parts 9553.0010 to 9553.0080, as stated in clauses (a) to (i):
(a) extend the interim and settle-up rate provisions to include facilities covered by this section;
(b) extend the length of the interim period but not to exceed
24 12 months. The commissioner may grant a
variance to exceed the 24-month 12-month interim
period, as necessary, for facilities which are licensed and
certified to serve more than 99 persons. In no case shall the
commissioner approve an interim period which exceeds 36
24 months;
(c) waive the investment per bed limitations for the interim period and the settle-up rate;
(d) limit the amount of reimbursable expenses related to the acquisition of new capital assets;
(e) prohibit the acquisition of additional capital debt or refinancing of existing capital debt unless prior approval is obtained from the commissioner;
(f) establish an administrative operating cost limitation for the interim period and the settle-up rate;
(g) require the retention of financial and statistical records until the commissioner has audited the interim period and the settle-up rate;
(h) require that the interim period be audited by a certified or licensed public accounting firm; or
(i) change any other provision to which all parties to the contract agree.
Sec. 6. Minnesota Statutes 1994, section 252.46, subdivision 1, is amended to read:
Subdivision 1. [RATES.] (a) Payment rates to vendors, except regional centers, for county-funded day training and habilitation services and transportation provided to persons receiving day training and habilitation services established by a county board are governed by subdivisions 2 to 19. The commissioner shall approve the following three payment rates for services provided by a vendor:
(1) a full-day service rate for persons who receive at least six service hours a day, including the time it takes to transport the person to and from the service site;
(2) a partial-day service rate that must not exceed 75 percent of the full-day service rate for persons who receive less than a full day of service; and
(3) a transportation rate for providing, or arranging and paying for, transportation of a person to and from the person's residence to the service site.
(b) The commissioner may also approve an hourly job-coach, follow-along rate for services provided by one employee at or en route to or from community locations to supervise, support, and assist one person receiving the vendor's services to learn job-related skills necessary to obtain or retain employment when and where no other persons receiving services are present and when all the following criteria are met:
(1) the vendor requests and the county recommends the optional rate;
(2) the service is prior authorized by the county on the medicaid management information system for no more than 414 hours in a 12-month period and the daily per person charge to medical assistance does not exceed the vendor's approved full day plus transportation rates;
(3) separate full day, partial day, and transportation rates are not billed for the same person on the same day;
(4) the approved hourly rate does not exceed the sum of the vendor's current average hourly direct service wage, including fringe benefits and taxes, plus a component equal to the vendor's average hourly nondirect service wage expenses; and
(5) the actual revenue received for provision of hourly job-coach, follow-along services is subtracted from the vendor's total expenses for the same time period and those adjusted expenses are used for determining recommended full day and transportation payment rates under subdivision 5 in accordance with the limitations in subdivision 3.
(c) Medical assistance rates for home and community-based service provided under section 256B.501, subdivision 4, by licensed vendors of day training and habilitation services must not be greater than the rates for the same services established by counties under sections 252.40 to 252.47. For very dependent persons with special needs the commissioner may approve an exception to the approved payment rate under section 256B.501, subdivision 4 or 8.
Sec. 7. Minnesota Statutes 1994, section 252.46, subdivision 3, is amended to read:
Subd. 3. [RATE MAXIMUM.] Unless a variance is granted under
subdivision 6, the maximum payment rates for each vendor for a
calendar year must be equal to the payment rates approved by the
commissioner for that vendor in effect December 1 of the previous
calendar year. The commissioner of finance shall include as a
budget change request in each biennial detailed expenditure
budget submitted to the legislature under section 16A.11 annual
inflation adjustments in reimbursement rates for each vendor,
based upon the projected percentage change in the urban consumer
price index, all items, published by the United States Department
of Labor, for the upcoming calendar year over the current
calendar year. The commissioner shall not provide an annual
inflation adjustment for the biennium ending June 30,
1993.
Sec. 8. Minnesota Statutes 1994, section 252.46, subdivision 6, is amended to read:
Subd. 6. [VARIANCES.] (a) A variance from the minimum or
maximum payment rates in subdivisions 2 and 3 may be granted by
the commissioner when the vendor requests and the county board
submits to the commissioner a written variance request on forms
supplied by the commissioner with the recommended payment rates.
A variance to the rate maximum may be utilized for costs
associated with compliance with state administrative rules,
compliance with court orders, capital costs required for
continued licensure, increased insurance costs, start-up and
conversion costs for supported employment, direct service staff
salaries and benefits, transportation, and other program related
costs when any of the criteria in clauses (1) to (3)
(4) is also met:
(1) change is necessary to comply with licensing citations;
(2) a licensed vendor currently serving fewer than 70 persons with payment rates of 80 percent or less of the statewide average rates and with clients meeting the behavioral or medical criteria under clause (3) approved by the commissioner as a significant program change under section 252.28;
(3) a significant change is approved by the commissioner under section 252.28 that is necessary to provide authorized services to a new client or clients with very severe self-injurious or assaultive behavior, or medical conditions requiring delivery of physician-prescribed medical interventions requiring one-to-one staffing for at least 15 minutes each time they are performed, or to a new client or clients directly discharged to the vendor's program from a regional treatment center; or
(3) a significant increase in the average level of
(4) there is a need to maintain required staffing is
needed levels in order to provide authorized services
approved by the commissioner under section 252.28, that is
necessitated by a significant and permanent decrease in
licensed capacity or loss of clientele when counties
choose alternative services under Laws 1992, chapter 513, article
9, section 41.
The county shall review the adequacy of services provided by vendors whose payment rates are 80 percent or more of the statewide average rates and 50 percent or more of the vendor's clients meet the behavioral or medical criteria in clause (3).
A variance under this paragraph may be approved only if the costs to the medical assistance program do not exceed the medical assistance costs for all clients served by the alternatives and all clients remaining in the existing services.
(b) A variance to the rate minimum may be granted when (1) the county board contracts for increased services from a vendor and for some or all individuals receiving services from the vendor lower per unit fixed costs result or (2) when the actual costs of delivering authorized service over a 12-month contract period have decreased.
(c) The written variance request under this subdivision must include documentation that all the following criteria have been met:
(1) The commissioner and the county board have both conducted a review and have identified a need for a change in the payment rates and recommended an effective date for the change in the rate.
(2) The vendor documents efforts to reallocate current staff and any additional staffing needs cannot be met by using temporary special needs rate exceptions under Minnesota Rules, parts 9510.1020 to 9510.1140.
(3) The vendor documents that financial resources have been reallocated before applying for a variance. No variance may be granted for equipment, supplies, or other capital expenditures when depreciation expense for repair and replacement of such items is part of the current rate.
(4) For variances related to loss of clientele, the vendor documents the other program and administrative expenses, if any, that have been reduced.
(5) The county board submits verification of the conditions for which the variance is requested, a description of the nature and cost of the proposed changes, and how the county will monitor the use of money by the vendor to make necessary changes in services.
(6) The county board's recommended payment rates do not exceed 95 percent of the greater of 125 percent of the current statewide median or 125 percent of the regional average payment rates, whichever is higher, for each of the regional commission districts under sections 462.381 to 462.396 in which the vendor is located except for the following: when a variance is recommended to allow authorized service delivery to new clients with severe self-injurious or assaultive behaviors or with medical conditions requiring delivery of physician prescribed medical interventions, or to persons being directly discharged from a regional treatment center to the vendor's program, those persons must be assigned a payment rate of 200 percent of the current statewide average rates. All other clients receiving services from the vendor must be assigned a payment rate equal to the vendor's current rate unless the vendor's current rate exceeds 95 percent of 125 percent of the statewide median or 125 percent of the regional average payment rates, whichever is higher. When the vendor's rates exceed 95 percent of 125 percent of the statewide median or 125 percent of the regional average rates, the maximum rates assigned to all other clients must be equal to the greater of 95 percent of 125 percent of the statewide median or 125 percent of the regional average rates. The maximum payment rate that may be recommended for the vendor under these conditions is determined by multiplying the number of clients at each limit by the rate corresponding to that limit and then dividing the sum by the total number of clients.
(7) The vendor has not received a variance under this
subdivision in the past 12 months.
(d) The commissioner shall have 60 calendar days from the date of the receipt of the complete request to accept or reject it, or the request shall be deemed to have been granted. If the commissioner rejects the request, the commissioner shall state in writing the specific objections to the request and the reasons for its rejection.
Sec. 9. Minnesota Statutes 1994, section 252.46, subdivision 17, is amended to read:
Subd. 17. [HOURLY RATE STRUCTURE.] Counties participating as host counties under the pilot study of hourly rates established under Laws 1988, chapter 689, article 2, section 117, may recommend continuation of the hourly rates for participating vendors. The recommendation must be made annually under subdivision 5 and according to the methods and standards provided by the commissioner. The commissioner shall approve the hourly rates when service authorization, billing, and payment for services is possible through the Medicaid management information system and the other criteria in this subdivision are met. Counties and vendors operating under the pilot study of hourly rates established under Laws 1988, chapter 689, article 2, section 117, shall work with the commissioner to translate the hourly rates and actual expenditures into rates meeting the criteria in subdivisions 1 to 16 unless hourly rates are approved under this subdivision. If the rates meeting the criteria in subdivisions 1 to 16 are lower than the county's or vendor's current rate, the county or vendor must continue to receive the current rate.
Sec. 10. Minnesota Statutes 1994, section 252.46, is amended by adding a subdivision to read:
Subd. 19. [VENDOR APPEALS.] With the concurrence of the county board, a vendor may appeal the commissioner's rejection of a variance request which has been submitted by the county under subdivision 6 and may appeal the commissioner's denial under subdivision 9 of a rate which has been recommended by the county. To appeal, the vendor and county board must file a written notice of appeal with the commissioner. The notice of appeal must be filed or received by the commissioner within 45 days of the postmark date on the commissioner's notification to the vendor and county agency that a variance request or county recommended rate has been denied. The notice of appeal must specify the reasons for the appeal, the dollar amount in dispute, and the basis in statute or rule for challenging the commissioner's decision.
Within 45 days of receipt of the notice of appeal, the commissioner must convene a reconciliation conference to attempt to resolve the rate dispute. If the dispute is not resolved to the satisfaction of the parties, the parties may initiate a contested case proceeding under sections 14.57 to 14.69. In a contested case hearing held under this section, the appealing party must demonstrate by a preponderance of the evidence that the commissioner incorrectly applied the governing law or regulations, or that the commissioner improperly exercised the commissioner's discretion, in refusing to grant a variance or in refusing to adopt a county recommended rate.
Until the appeal is fully resolved, payments must continue at the existing rate pending the appeal. Retroactive payments consistent with the final decision shall be made after the appeal is fully resolved.
Sec. 11. Minnesota Statutes 1994, section 252.46, is amended by adding a subdivision to read:
Subd. 20. [STUDY OF DAY TRAINING AND HABILITATION VENDORS.] The commissioner shall study the feasibility of grouping vendors of similar size, location, direct service staffing needs or performance outcomes to establish payment rate limits that define cost-effective service. Based on the conclusions of the feasibility study the department shall consider developing a method to redistribute dollars from less cost effective to more cost-effective services based on vendor achievement of performance outcomes. The department shall report to the legislature by January 15, 1996, with results of the study and recommendations for further action. The department shall consult with an advisory committee representing counties, service consumers, vendors, and the legislature.
Sec. 12. Minnesota Statutes 1994, section 254A.17, subdivision 3, is amended to read:
Subd. 3. [STATEWIDE DETOXIFICATION TRANSPORTATION PROGRAM.]
The commissioner shall provide grants to counties, Indian
reservations, other nonprofit agencies, or local detoxification
programs for provision of transportation of intoxicated
individuals to detoxification programs, to open shelters, and to
secure shelters as defined in section 254A.085 and shelters
serving intoxicated persons. In state fiscal years 1994
and, 1995, and 1996, funds shall be
allocated to counties in proportion to each county's allocation
in fiscal year 1993. In subsequent fiscal years, funds shall be
allocated among counties annually in proportion to each county's
average number of detoxification admissions for the prior two
years, except that no county shall receive less than $400.
Unless a county has approved a grant of funds under this section,
the commissioner shall make quarterly payments of detoxification
funds to a county only after receiving an invoice describing the
number of persons transported and the cost of transportation
services for the previous quarter. A county must make a good
faith effort to provide the transportation service through the
most cost-effective community-based agencies or organizations
eligible to provide the service. The program administrator
and all staff of the program must report to the office of the
ombudsman for mental health and mental retardation within 24
hours of its occurrence, any serious injury, as defined in
section 245.91, subdivision 6, or the death of a person admitted
to the shelter. The ombudsman shall acknowledge in writing the
receipt of all reports made to the ombudsman's office under this
section. Acknowledgment must be mailed to the facility and to
the county social service agency within five working days of the
day the report was made. In addition, the program administrator
and staff of the program must comply with all of the requirements
of section 626.557, the vulnerable adults act.
Sec. 13. Minnesota Statutes 1994, section 254B.02, subdivision 1, is amended to read:
Subdivision 1. [CHEMICAL DEPENDENCY TREATMENT ALLOCATION.] The chemical dependency funds appropriated for allocation shall be placed in a special revenue account. For the fiscal year beginning July 1, 1987, funds shall be transferred to operate the vendor payment, invoice processing, and collections system for one year. The commissioner shall annually transfer funds from the chemical dependency fund to pay for operation of the drug and alcohol abuse normative evaluation system and to pay for all costs incurred by adding two positions for licensing of chemical dependency treatment and rehabilitation programs located in hospitals for which funds are not otherwise
appropriated. The commissioner shall annually divide the money available in the chemical dependency fund that is not held in reserve by counties from a previous allocation. Twelve percent of the remaining money must be reserved for treatment of American Indians by eligible vendors under section 254B.05. The remainder of the money must be allocated among the counties according to the following formula, using state demographer data and other data sources determined by the commissioner:
(a) The county non-Indian and over age 14 per capita-months
of eligibility for aid to families with dependent children,
general assistance, and medical assistance is divided by the
total state non-Indian and over age 14 per capita-months of
eligibility to determine the caseload factor for each
county.
(b) The average median married couple income for the
previous three years for the state is divided by the average
median married couple income for the previous three years for
each county to determine the income factor.
(c) The non-Indian and over age 14 population of the county
is multiplied by the sum of the income factor and the caseload
factor to determine the adjusted population.
(a) For purposes of this formula, American Indians and children under age 14 are subtracted from the population of each county to determine the restricted population.
(b) The amount of chemical dependency fund expenditures for entitled persons for services not covered by prepaid plans governed by section 256B.69 in the previous year is divided by the amount of chemical dependency fund expenditures for entitled persons for all services to determine the proportion of exempt service expenditures for each county.
(c) The prepaid plan months of eligibility is multiplied by the proportion of exempt service expenditures to determine the adjusted prepaid plan months of eligibility for each county.
(d) The adjusted prepaid plan months of eligibility is added to the number of restricted population fee for service months of eligibility for aid to families with dependent children, general assistance, and medical assistance and divided by the county restricted population to determine county per capita months of covered service eligibility.
(e) The number of adjusted prepaid plan months of eligibility for the state is added to the number of fee for service months of eligibility for aid to families with dependent children, general assistance, and medical assistance for the state restricted population and divided by the state restricted population to determine state per capita months of covered service eligibility.
(f) The county per capita months of covered service eligibility is divided by the state per capita months of covered service eligibility to determine the county welfare caseload factor.
(g) The median married couple income for the most recent three-year period available for the state is divided by the median married couple income for the same period for each county to determine the income factor for each county.
(h) The county restricted population is multiplied by the sum of the county welfare caseload factor and the county income factor to determine the adjusted population.
(d) (i) $15,000 shall be allocated to each
county.
(e) (j) The remaining funds shall be allocated
proportional to the county adjusted population.
Sec. 14. Minnesota Statutes 1994, section 254B.05, subdivision 1, is amended to read:
Subdivision 1. [LICENSURE REQUIRED.] Programs licensed by the commissioner are eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors, notwithstanding the provisions of section 245A.03. American Indian programs located on federally recognized tribal lands that provide chemical dependency primary treatment, extended care, transitional residence, or outpatient treatment services, and are licensed by tribal government are eligible vendors. Detoxification programs are not eligible vendors. Programs that are not licensed as a chemical dependency residential or nonresidential treatment program by the commissioner or by tribal government are not eligible vendors. To be eligible for payment under the Consolidated Chemical Dependency Treatment Fund, a vendor must participate in the Drug and Alcohol Abuse Normative Evaluation System and the treatment accountability plan.
Sec. 15. [256.476] [CONSUMER SUPPORT PROGRAM.]
Subdivision 1. [PURPOSE AND GOALS.] The commissioner of human services shall establish a consumer support grant program to assist individuals with functional limitations and their families in purchasing and securing supports which the individuals need to live as independently and productively in the community as possible. The commissioner and local agencies shall jointly develop an implementation plan which must include a way to resolve the issues related to county liability. The program shall:
(1) make support grants available to individuals or families as an effective alternative to existing programs and services, such as the developmental disability family support program, the alternative care program, personal care attendant services, home health aide services, and nursing facility services;
(2) provide consumers more control, flexibility, and responsibility over the needed supports;
(3) promote local program management and decision-making; and
(4) encourage the use of informal and typical community supports.
Subd. 2. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them:
(a) "County board" means the county board of commissioners for the county of financial responsibility as defined in section 256G.02, subdivision 4, or its designated representative. When a human services board has been established under sections 402.01 to 402.10, it shall be considered the county board for the purposes of this section.
(b) "Family" means the person's birth parents, adoptive parents or stepparents, siblings or stepsiblings, children or stepchildren, grandparents, grandchildren, niece, nephew, aunt, uncle, or spouse. For the purposes of this section, a family member is at least 18 years of age.
(c) "Functional limitations" means the long-term inability to perform an activity or task in one or more areas of major life activity, including self-care, understanding and use of language, learning, mobility, self-direction, and capacity for independent living. For the purpose of this section, the inability to perform an activity or task results from a mental, emotional, psychological, sensory, or physical disability, condition, or illness.
(d) "Informed choice" means a voluntary decision made by the person or the person's legal representative, after becoming familiarized with the alternatives to:
(1) select a preferred alternative from a number of feasible alternatives;
(2) select an alternative which may be developed in the future; and
(3) refuse any or all alternatives.
(e) "Local agency" means the local agency authorized by the county board to carry out the provisions of this section.
(f) "Person" or "persons" means a person or persons meeting the eligibility criteria in subdivision 3.
(g) "Responsible individual" means an individual designated by the person or their legal representative to act on their behalf. This individual may be a family member, guardian, representative payee, or other individual designated by the person or their legal representative, if any, to assist in purchasing and arranging for supports. For the purposes of this section, a responsible individual is at least 18 years of age.
(h) "Screening" means the screening of a person's service needs under sections 256B.0911 and 256B.092.
(i) "Supports" means services, care, aids, home modifications, or assistance purchased by the person or the person's family. Examples of supports include respite care, assistance with daily living, and adaptive aids. For the purpose of this section, notwithstanding the provisions of section 144A.43, supports purchased under the consumer support program are not considered home care services.
Subd. 3. [ELIGIBILITY TO APPLY FOR GRANTS.] (a) A person is eligible to apply for a consumer support grant if the person meets all of the following criteria:
(1) the person is eligible for medical assistance as determined under sections 256B.055 and 256B.056 or the person is eligible for alternative care services as determined under section 256B.0913;
(2) the person is able to direct and purchase their own care and supports, or the person has a family member, legal representative, or other responsible individual who can purchase and arrange supports on the person's behalf;
(3) the person has functional limitations, requires ongoing supports to live in the community, and is at risk of or would continue institutionalization without such supports; and
(4) the person will live in a home. For the purpose of this section, "home" means the person's own home or home of a person's family member. These homes are natural home settings and are not licensed by the department of health or human services.
(b) Persons may not concurrently receive a consumer support grant if they are:
(1) receiving home and community-based services under United States Code, title 42, section 1396h(c); personal care attendant and home health aide services under section 256B.0625; a developmental disability family support grant; or alternative care services under section 256B.0913; or
(2) residing in an institutional or congregate care setting.
(c) A person or person's family receiving a consumer support grant shall not be charged a fee or premium by a local agency for participating in the program. A person or person's family is not eligible for a consumer support grant if their income is at a level where they are required to pay a parental fee under sections 252.27, 256B.055, subdivision 12, and 256B.14 and rules adopted under those sections for medical assistance services to a disabled child living with at least one parent.
Subd. 4. [SUPPORT GRANTS; CRITERIA AND LIMITATIONS.] (a) A county board may choose to participate in the consumer support grant program. If a county board chooses to participate in the program, the local agency shall establish written procedures and criteria to determine the amount and use of support grants. These procedures must include, at least, the availability of respite care, assistance with daily living, and adaptive aids. The local agency may establish monthly or annual maximum amounts for grants and procedures where exceptional resources may be required to meet the health and safety needs of the person on a time-limited basis.
(b) Support grants to a person or a person's family may be provided through a monthly subsidy or lump sum payment basis and be in the form of cash, voucher, or direct county payment to vendor. Support grant amounts must be determined by the local agency. Each service and item purchased with a support grant must meet all of the following criteria:
(1) it must be over and above the normal cost of caring for the person if the person did not have functional limitations;
(2) it must be directly attributable to the person's functional limitations;
(3) it must enable a person or the person's family to delay or prevent out-of-home placement of the person; and
(4) it must be consistent with the needs identified in the service plan, when applicable.
(c) Items and services purchased with support grants must be those for which there are no other public or private funds available to the person or the person's family. Fees assessed to the person or the person's family for health and human services are not reimbursable through the grant.
(d) In approving or denying applications, the local agency shall consider the following factors:
(1) the extent and areas of the person's functional limitations;
(2) the degree of need in the home environment for additional support; and
(3) the potential effectiveness of the grant to maintain and support the person in the family environment or the person's own home.
(e) At the time of application to the program or screening for other services, the person or the person's family shall be provided sufficient information to ensure an informed choice of alternatives by the person, the person's legal representative, if any, or the person's family. The application shall be made to the local agency and shall specify the needs of the person and family, the form and amount of grant requested, the items and services to be reimbursed, and evidence of eligibility for medical assistance or alternative care program.
(f) Upon approval of an application by the local agency and agreement on a support plan for the person or person's family, the local agency shall make grants to the person or the person's family. The grant shall be in an amount for the direct costs of the services or supports outlined in the service agreement.
(g) Reimbursable costs shall not include costs for resources already available, such as special education classes, day training and habilitation, case management, other services to which the person is entitled, medical costs covered by insurance or other health programs, or other resources usually available at no cost to the person or the person's family.
Subd. 5. [REIMBURSEMENT, ALLOCATIONS, AND REPORTING.] (a) For the purpose of transferring persons to the consumer support grant program from specific programs or services, such as the developmental disability family support program and alternative care program, personal care attendant, home health aide, or nursing facility services, the amount of funds transferred by the commissioner between the developmental disability family support program account, the alternative care account, the medical assistance account, or the consumer support grant account shall be based on each county's participation in transferring persons to the consumer support grant program from those programs and services.
(b) At the beginning of each fiscal year, county allocations for consumer support grants shall be based on:
(1) the number of persons to whom the county board expects to provide consumer supports grants;
(2) their eligibility for current program and services;
(3) the amount of nonfederal dollars expended on those individuals for those programs and services; and
(4) projected dates when persons will start receiving grants. County allocations shall be adjusted periodically by the commissioner based on the actual transfer of persons or service openings, and the nonfederal dollars associated with those persons or service openings, to the consumer support grant program.
(c) The commissioner shall use up to five percent of each county's allocation, as adjusted, for payments to that county for administrative expenses, to be paid as a proportionate addition to reported direct service expenditures.
(d) The commissioner may recover, suspend, or withhold payments if the county board, local agency, or grantee does not comply with the requirements of this section.
Subd. 6. [RIGHT TO APPEAL.] Notice, appeal, and hearing procedures shall be conducted in accordance with section 256.045. The denial, suspension, or termination of services under this program may be appealed by a recipient or applicant under section 256.045, subdivision 3. It is an absolute defense to an appeal under this section, if the county board proves that it followed the established written procedures and criteria and determined that the grant could not be provided within the county board's allocation of money for consumer support grants.
Subd. 7. [FEDERAL FUNDS.] The commissioner and the counties shall make reasonable efforts to maximize the use of federal funds including funds available through grants and federal waivers. If federal funds are made available to the consumer support grant program, the money shall be allocated to the responsible county agency's consumer support grant fund.
Subd. 8. [COMMISSIONER RESPONSIBILITIES.] The commissioner shall:
(1) transfer and allocate funds pursuant to this section;
(2) determine allocations based on projected and actual local agency use;
(3) monitor and oversee overall program spending;
(4) evaluate the effectiveness of the program;
(5) provide training and technical assistance for local agencies and consumers to help identify potential applicants to the program; and
(6) develop guidelines for local agency program administration and consumer information.
Subd. 9. [COUNTY BOARD RESPONSIBILITIES.] County boards receiving funds under this section shall:
(1) determine the needs of persons and families for services and supports;
(2) determine the eligibility for persons proposed for program participation;
(3) approve items and services to be reimbursed and inform families of their determination;
(4) issue support grants directly to or on behalf of persons;
(5) submit quarterly financial reports and an annual program report to the commissioner;
(6) coordinate services and supports with other programs offered or made available to persons or their families; and
(7) provide assistance to persons or their families in securing or maintaining supports, as needed.
Subd. 10. [CONSUMER RESPONSIBILITIES.] Persons receiving grants under this section shall:
(1) spend the grant money in a manner consistent with their agreement with the local agency;
(2) notify the local agency of any necessary changes in the grant or the items on which it is spent;
(3) notify the local agency of any decision made by the person, the person's legal representative, or the person's family that would change their eligibility for consumer support grants;
(4) arrange and pay for supports; and
(5) inform the local agency of areas where they have experienced difficulty securing or maintaining supports.
Sec. 16. [256.973] [HOUSING FOR PERSONS WHO ARE ELDERLY, PERSONS WITH PHYSICAL OR DEVELOPMENTAL DISABILITIES, AND SINGLE-PARENT FAMILIES.]
Subdivision 1. [HOME SHARING.] The home-sharing grant program authorized by section 462A.05, subdivision 24, is transferred from the Minnesota housing finance agency to the department of human services. The housing finance agency shall administer the current grants that terminate on August 30, 1995. The department of human services shall administer grants funded after August 30, 1995. The department of human services may engage in housing programs, as defined by the agency, to provide grants to housing sponsors who will provide a home-sharing program for low- and moderate-income elderly, persons with physical or developmental disabilities, or single-parent families in urban and rural areas.
Subd. 2. [MATCHING OWNERS AND TENANTS.] Housing sponsors of home sharing programs, as defined by the agency, shall match existing homeowners with prospective tenants who will contribute either rent or services to the homeowner, where either the homeowner or the prospective tenant is elderly, a person with physical or developmental disabilities, or the head of a single-parent family. Home-sharing projects will coordinate efforts with appropriate public and private agencies and organizations in their area.
Subd. 3. [INFORMATION FOR PARTICIPANTS.] Housing sponsors who receive funding through these programs shall provide homeowners and tenants participating in a home-sharing program with information regarding their rights and obligations as they relate to federal and state tax law including, but not limited to, taxable rental income, homestead credit under chapter 273, and the property tax refund act under chapter 290A.
Subd. 4. [TECHNICAL ASSISTANCE.] The department of human services may provide technical assistance to sponsors of home-sharing programs or may contract or delegate the provision of technical assistance.
Subd. 5. [USING OUTSIDE AGENCIES.] The department of human services may delegate, use, or employ any federal, state, regional, or local public or private agency or organization, including organizations of physically handicapped persons, upon terms it deems necessary or desirable, to assist in the exercise of any of the powers granted in this section.
Sec. 17. Minnesota Statutes 1994, section 256.975, is amended by adding a subdivision to read:
Subd. 6. [INDIAN ELDERS POSITION.] The Minnesota board on aging shall create an Indian elders coordinator position, and shall hire staff as appropriations permit for the purposes of coordinating efforts with the National Indian Council on Aging and developing a comprehensive statewide service system for Indian elders. An Indian elder is defined for purposes of this subdivision as an Indian enrolled in a band or tribe who is 55 years or older. The statewide service system must include the following components:
(1) an assessment of the program eligibility, examining the need to change the age-based eligibility criteria to need-based eligibility criteria;
(2) a planning system that would grant or make recommendations for granting federal and state funding for services;
(3) a plan for service focal points, senior centers, or community centers for socialization and service accessibility for Indian elders;
(4) a plan to develop and implement education and public awareness campaigns including awareness programs, sensitivity cultural training, and public education on Indian elder needs;
(5) a plan for information and referral services including trained advocates and an Indian elder newsletter;
(6) a plan for a coordinated health care system including health promotion/prevention, in-home service, long-term care service, and health care services;
(7) a plan for ongoing research involving Indian elders including needs assessment and needs analysis;
(8) information and referral services for legal advice or legal counsel; and
(9) a plan to coordinate services with existing organizations including the council of Indian affairs, the Minnesota Indian council of elders, the Minnesota board on aging, and tribal governments.
Sec. 18. Minnesota Statutes 1994, section 256B.0628, is amended by adding a subdivision to read:
Subd. 3. [ASSESSMENT AND PRIOR AUTHORIZATION PROCESS FOR RECIPIENTS OF BOTH HOME CARE AND HOME AND COMMUNITY-BASED WAIVERED SERVICES FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS.] Effective January 1, 1996, for purposes of providing informed choice, coordinating of local planning decisions, and streamlining administrative requirements, the assessment and prior authorization process for persons receiving both home care and home and community-based waivered services for persons with mental retardation or related conditions shall meet the requirements of this section and section 256B.0627 with the following exceptions:
(a) Upon request for home care services and subsequent assessment by the public health nurse under section 256B.0627, the public health nurse shall participate in the screening process, as appropriate, and, if home care services are determined to be necessary, participate in the development of a service plan coordinating the need for home care and home and community-based waivered services with the assigned county case manager, the recipient of services, and the recipient's legal representative, if any.
(b) The public health nurse shall give prior authorization for home care services to the extent that home care services are:
(1) medically necessary;
(2) chosen by the recipient and their legal representative, if any, from the array of home care and home and community-based waivered services available;
(3) coordinated with other services to be received by the recipient as described in the service plan; and
(4) provided within the county's reimbursement limits for home care and home and community-based waivered services for persons with mental retardation or related conditions.
(c) If the public health agency is or may be the provider of home care services to the recipient, the public health agency shall provide the commissioner of human services with a written plan that specifies how the assessment and prior authorization process will be held separate and distinct from the provision of services.
Sec. 19. Minnesota Statutes 1994, section 256B.092, is amended by adding a subdivision to read:
Subd. 4c. [LIVING ARRANGEMENTS BASED ON A 24-HOUR PLAN OF CARE.] (a) Notwithstanding the requirements for licensure under Minnesota Rules, part 9525.1860, subpart 6, item D, and upon federal approval of an amendment to the home and community-based services waiver for persons with mental retardation or related conditions, a person receiving home and community-based services may choose to live in their own home without requiring that the living arrangement be licensed under Minnesota Rules, parts 9555.5050 to 9555.6265, provided the following conditions are met:
(1) the person receiving home and community-based services has chosen to live in their own home;
(2) home and community-based services are provided by a qualified vendor who meets the provider standards as approved in the Minnesota home and community-based services waiver plan for persons with mental retardation or related conditions;
(3) the person, or their legal representative, individually or with others has purchased or rents the home and the person's service provider has no financial interest in the home; and
(4) the service planning team, as defined in Minnesota Rules, part 9525.0004, subpart 24, has determined that the planned services, the 24-hour plan of care, and the housing arrangement are appropriate to address the health, safety, and welfare of the person.
(b) The county agency may require safety inspections of the selected housing as part of their determination of the adequacy of the living arrangement.
Sec. 20. [AUTHORIZATION FOR DOWNSIZING.]
Subdivision 1. [DUTIES OF THE COMMISSIONER.] (a) The commissioner of human services in consultation with Brown county and advocates of persons with mental retardation, shall carry out a voluntary downsizing of MBW on Center, an intermediate care facility for persons with mental retardation, to assure that appropriate services are provided in the least restrictive setting as provided under Minnesota Statutes, section 252.291, subdivision 3.
(b) The commissioner shall present a proposal to address issues relating to:
(1) redistribution of costs;
(2) specific plans for the development and provision of alternative services for residents moved from the intermediate care facility for persons with mental retardation or related conditions;
(3) timelines and expected beginning dates for resident relocation and facility downsizing; and
(4) projected expenditures for services provided to persons with mental retardation or related conditions.
(c) The commissioner shall ensure that residents discharged from the facility are appropriately placed according to need in compliance with Minnesota Rules, parts 9525.0025 to 9525.0165.
(d) The commissioner shall ensure that the proposal complies with need determination procedures in Minnesota Statutes, sections 252.28 and 252.291; case management responsibilities in Minnesota Statutes, section 256B.092; rate requirements in Minnesota Statutes, section 256B.501; the requirements under United States Code, title 42, section 1396, and the rules and regulations adopted under these laws.
(e) The resulting downsizing must result in living units of no larger than four persons, having single bedrooms and a common living room, dining room/kitchen, and bathroom.
(f) The commissioner shall contract with Brown county where the facility is located and the facility. The contract will address and be consistent with the requirements of the proposal.
(g) Operating costs of the facility after downsizing may not exceed the total allowable operating costs of the original facility. For purposes of rate setting for the facility after downsizing, fixed costs may be redistributed but must be based on the actual costs reflected in existing rates.
Subd. 2. [IMPLEMENTATION OF THE PROPOSAL.] For the purposes of the proposal, the commissioner shall:
(1) fund the downsizing of the ICF/MR; and
(2) notify Brown county and the facility of the selections made and approved by the commissioner. The decision of the commissioner is final and may not be appealed.
Sec. 21. [FACILITY CERTIFICATION.]
Notwithstanding Minnesota Statutes, section 252.291, subdivisions 1 and 2, the commissioner of health shall inspect to certify a large community-based facility currently licensed under Minnesota Rules, parts 9525.0215 to 9525.0355, for more than 16 beds and located in Northfield. The facility may be certified for up to 44 beds. The commissioner of health must inspect to certify the facility as soon as possible after the effective date of this section. The commissioner of human services shall work with the facility and affected counties to relocate any current residents of the facility who do not meet the admission criteria for an ICF/MR. To fund the ICF/MR services and relocations of current residents authorized, the commissioner of human services may transfer on a quarterly basis to the medical assistance account from each affected county's community social service allocation, an amount equal to the state share of medical assistance reimbursement for the residential and day habilitation services funded by medical assistance and provided to clients for whom the county is financially responsible. For nonresidents of Minnesota seeking admission to the facility, Rice county shall be notified in order to assure that appropriate funding is guaranteed from their state or country of residence.
Sec. 22. [CRISIS INTERVENTION PROJECTS.]
(a) The commissioner of human services may authorize up to five projects to provide crisis intervention through community-based services in the private or public sector to persons with developmental disabilities. The projects must be geographically distributed in rural and urban areas. The parameters of these projects may be consistent with the special needs crisis services outlined under Minnesota Statutes, section 256B.501, subdivision 8a.
(b) The commissioner shall request proposals from individual counties or groups of counties and establish criteria for approval of proposals. Criteria shall include:
(1) avoidance of duplication of service by agreements with hospitals and other public or private vendors as appropriate;
(2) reduction of inpatient psychiatric hospital expenses using a cost-effective alternative service;
(3) maintenance of clients in their current homes;
(4) promotion of service to clients under a capitation agreement with providers;
(5) coordination with other target populations and other counties;
(6) provision of a full complement of on-site and off-site behavioral support and crisis response services including: training and technical assistance to prevent out of home placements; crisis response, including in-home and short-term placements; and assessment of service outcomes;
(7) evaluation of service program efficacy and cost effectiveness.
(c) The commissioner shall review proposals in accordance with Minnesota Statutes, section 252.28, and shall report to the legislature on the cost effectiveness of the projects by January 15, 1997.
Sec. 23. [REPEALER.]
Minnesota Statutes 1994, section 252.275, subdivisions 4a and 10, are repealed.
Sec. 24. [EFFECTIVE DATES.]
Section 15 (256.476) is effective July 1, 1996.
Section 1. Minnesota Statutes 1994, section 245A.14, subdivision 7, is amended to read:
Subd. 7. [CULTURAL DYNAMICS AND DISABILITIES TRAINING
FOR CHILD CARE PROVIDERS.] (a) The ongoing training
required of licensed child care centers center
staff and group family and group family
child care providers and staff shall include training in
the cultural dynamics of early childhood development and
child care as an option.
(b) The cultural dynamics and disabilities training
must include, but not be limited to, the following: awareness
of the value and dignity of different cultures and how different
cultures complement each other; awareness of the emotional,
physical, and mental needs of children and families of different
cultures; knowledge of current and traditional roles of women and
men in different cultures, communities, and family environments;
and awareness of the diversity of child rearing practices and
parenting traditions. and skills development of child care
providers shall be designed to achieve outcomes for providers of
child care that include, but are not limited to:
(1) an understanding and support of the importance of culture and differences in ability in children's identity development;
(2) understanding the importance of awareness of cultural differences and similarities in working with children and their families;
(3) understanding and support of the needs of families and children with differences in ability;
(4) developing skills to help children develop unbiased attitudes about cultural differences and differences in ability;
(5) developing skills in culturally appropriate caregiving; and
(6) developing skills in appropriate caregiving for children of different abilities.
Curriculum for cultural dynamics and disability training shall be approved by the commissioner.
(c) The commissioner shall amend current rules relating to the
initial training of the licensed child care center
staff and licensed providers included in paragraph (a)
of family and group family child care and staff to require
cultural dynamics training upon determining that sufficient
curriculum is developed statewide. Timelines established
in the rule amendments for complying with the cultural dynamics
training requirements shall be based on the commissioner's
determination that curriculum materials and trainers are
available statewide.
Sec. 2. Minnesota Statutes 1994, section 256.8711, is amended to read:
256.8711 [EMERGENCY ASSISTANCE; INTENSIVE FAMILY
PRESERVATION SERVICES.]
Subdivision 1. [SCOPE OF SERVICES.] (a) For a family
experiencing an emergency as defined in subdivision 2, and for
whom the county authorizes services under subdivision 3,
intensive family preservation services authorized under
this section include both intensive family preservation
services and emergency assistance placement services.
(b) For purposes of this section, intensive family preservation services are:
(1) crisis family-based services;
(2) counseling family-based services; and
(3) mental health family-based services.
Intensive family preservation services also include family-based life management skills when it is provided in conjunction with any of the three family-based services or five emergency assistance placement services in this subdivision. The intensive family preservation services in clauses (1), (2), and (3) and life management skills have the meanings given in section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e).
(c) For purposes of this section, emergency assistance placement services include:
(1) emergency shelter services;
(2) foster care services;
(3) group home services;
(4) child residential treatment services; and
(5) correctional facility services.
Subd. 2. [DEFINITION OF EMERGENCY.] For the purposes of this
section, an emergency is a situation in which the dependent
children are at risk for out-of-home placement due to abuse,
neglect, or delinquency; or when the children are
returning home from placements but need services to prevent
another placement; or when the parents are unable to
provide care; or when the dependent children have been removed
from the home by a peace officer, by order of the juvenile court,
or pursuant to a voluntary placement agreement, to a publicly
funded out-of-home placement.
Subd. 3. [COUNTY AUTHORIZATION.] The county agency shall
assess current and prospective client families with a dependent
under 21 years of age to determine if there is an emergency, as
defined in subdivision 2, and to determine if there is a need for
intensive family preservation services. Upon such
determinations, during the period October 1, 1993 to September
30, 1995, counties shall authorize intensive family
preservation services for up to 90 days 12
months for eligible families under this section and under
section 256.871, subdivisions 1 and 3. Effective
October 1, 1995, Once authorized, intensive family
services shall be used singly or in any combination or duration
up to 12 months appropriate to the needs of the child, as
determined by the county agency.
Subd. 3a. [LIMITATIONS ON FEDERAL FUNDING.] County
agencies shall determine eligibility under Title IV-E of the
Social Security Act for every child being considered for
emergency assistance placement services. The commissioner and
county agencies shall make every effort to use federal funding
under Title IV-E of the Social Security Act instead of federal
funding under this section, whenever possible. The counties'
obligations to continue the base level of expenditures and to
expand family preservation services as defined in section
256F.03, subdivision 5, are eliminated, with the termination
of if the federal revenue earned under this section
is terminated. If the federal revenue earned under this
section is terminated or inadequate, the state has no obligation
to pay for these services. In the event that federal limitations
or ceilings are imposed on federal emergency assistance funding,
the commissioner shall use the funds according to these
priorities:
(1) emergency assistance benefits under section 256.871;
(2) emergency assistance benefits under the reserve established in subdivision 5;
(3) intensive family preservation services under this section; and
(4) emergency assistance placement services under this section.
Subd. 4. [COST TO FAMILIES.] Family preservation services provided under this section or sections 256F.01 to 256F.07 shall be provided at no cost to the client and without regard to the client's available income or assets. Emergency assistance placement services provided under this section shall not be dependent on the client's available income or assets. However, county agencies shall seek costs of care as required under section 260.251 for emergency assistance placement services.
Subd. 5. [EMERGENCY ASSISTANCE RESERVE.] The commissioner
shall establish an emergency assistance reserve for families who
receive intensive family preservation services under this
section. A family is eligible to receive assistance once from
the emergency assistance reserve if it received intensive family
preservation services under this section within the past
12 months, but has not received emergency assistance under
section 256.871 during that period. The emergency assistance
reserve shall cover the cost of the federal share of the
assistance that would have been available under section 256.871,
except for the provision of intensive family preservation
services provided under this section. The emergency assistance
reserve shall be authorized and paid in the same manner as
emergency assistance is provided under section 256.871. Funds
set aside for the emergency assistance reserve that are not
needed as determined by the commissioner shall be distributed by
the terms of subdivision 6, paragraph (a); or 6b, paragraph
(a), depending on how the funds were earned.
Subd. 6. [DISTRIBUTION OF NEW FEDERAL REVENUE EARNED FOR
INTENSIVE FAMILY PRESERVATION SERVICES.] (a) All federal
funds not set aside under paragraph (b), and at least 50 percent
of all federal funds earned for intensive family preservation
services under this section and earned through assessment
activity under subdivision 3, shall be paid to each county based
on its earnings and assessment activity, respectively, and shall
be used by each county to expand family preservation core
services as defined in section 256F.03, subdivision 5
10, and may be used to expand crisis nursery services. If
a county joins a local children's mental health collaborative as
authorized by the 1993 legislature, then the federal
reimbursement received under this paragraph by the county for
providing intensive family preservation services to children
served by the local collaborative shall be transferred by the
county to the integrated fund. The federal reimbursement
transferred to the integrated fund by the county must be used for
intensive family preservation services as defined in section
256F.03, subdivision 5, to the target population.
(b) The commissioner shall set aside a portion, not to exceed 50 percent, of the federal funds earned for intensive family preservation services under this section and earned through assessment activity described under subdivision 3. The set aside funds shall be used to develop and expand intensive family preservation services statewide as provided in subdivisions 6a and 7 and establish an emergency assistance reserve as provided in subdivision 5.
Subd. 6a. [DEVELOPMENT GRANTS.] Except for the portion
needed for the emergency assistance reserve provided in
subdivision 5, the commissioner may shall
distribute the funds set aside under subdivision 6, paragraph
(b), through development grants to a county or
counties to establish and maintain approved intensive
family preservation core services as defined in section
256F.03, subdivision 10, statewide. Funds available for
crisis family-based services through section 256F.05, subdivision
8, shall be considered in establishing intensive family
preservation services statewide. The commissioner may phase in
intensive family preservation services in a county or group of
counties as new federal funds become available. The
commissioner's priority is to establish a minimum level of
intensive family preservation core services
statewide. Each county's development grant shall be paid and
used as provided in sections 256F.01 to 256F.06.
Subd. 6b. [DISTRIBUTION OF NEW FEDERAL REVENUE EARNED FOR EMERGENCY ASSISTANCE PLACEMENT SERVICES.] (a) All federal funds earned for emergency assistance placement services not set aside under paragraph (b), shall be paid to each county based on its earnings. These payments shall constitute the placement earnings grant of the family preservation fund under sections 256F.01 to 256F.06.
(b) The commissioner may set aside a portion, not to exceed 15 percent, of the federal funds earned for emergency assistance placement services under this section. The set aside funds shall be used for the emergency assistance reserve as provided in subdivision 5.
Subd. 7. [EXPANSION OF SERVICES AND BASE LEVEL OF
EXPENDITURES.] (a) Counties must continue the base level of
expenditures for family preservation core services as
defined in section 256F.03, subdivision 5 10, from
any state, county, or federal funding source, which, in the
absence of federal funds earned for intensive family
preservation services under this section and earned through
assessment activity described under subdivision 3, would have
been available for these services. The commissioner shall review
the county expenditures annually, using reports required under
sections 245.482, 256.01, subdivision 2, paragraph (17), and
256E.08, subdivision 8, to ensure that the base level of
expenditures for family preservation core services as
defined in section 256F.03, subdivision 5 10, is
continued from sources other than the federal funds earned under
this section and earned through assessment activity described
under subdivision 3.
(b) The commissioner may shall, at the request of a
county, reduce, suspend, or eliminate either or both of a
county's obligations to continue the base level of expenditures
and to expand family preservation core services as defined
in section 256F.03, subdivision 5 10, if the
commissioner determines that one or more of the following
conditions apply to that county:
(1) imposition of levy limits or other levy restrictions that significantly reduce available social service funds;
(2) reduction in the net tax capacity of the taxable property within a county that significantly reduces available social service funds;
(3) reduction in the number of children under age 19 in the
county by 25 percent when compared with the number in the base
year using the most recent data provided by the state
demographer's office; or
(4) termination or reduction of the federal revenue earned under this section; or
(5) other changes in state law that significantly impact the receipt or distribution of state and federal funding.
(c) The commissioner may suspend for one year either or both of
a county's obligations to continue the base level of expenditures
and to expand family preservation core services as defined
in section 256F.03, subdivision 5 10, if the
commissioner determines that in the previous year one or more of
the following conditions applied to that county:
(1) the unduplicated number of families who received family preservation services under section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e), equals or exceeds the unduplicated number of children who entered placement under sections 257.071 and 393.07, subdivisions 1 and 2, during the year;
(2) the total number of children in placement under sections 257.071 and 393.07, subdivisions 1 and 2, has been reduced by 50 percent from the total number in the base year; or
(3) the average number of children in placement under sections 257.071 and 393.07, subdivisions 1 and 2, on the last day of each month is equal to or less than one child per 1,000 children in the county.
(d) For the purposes of this section, the base year is calendar year 1992. For the purposes of this section, the base level of expenditures is the level of county expenditures in the base year for eligible family preservation services under section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e).
Subd. 8. [COUNTY RESPONSIBILITIES.] (a) Notwithstanding
section 256.871, subdivision 6, for intensive family
preservation services provided under this section, the
county agency shall submit quarterly fiscal reports as required
under section 256.01, subdivision 2, clause (17), and provide the
nonfederal share.
(b) County expenditures eligible for federal reimbursement under this section must not be made from federal funds or funds used to match other federal funds.
(c) The commissioner may suspend, reduce, or terminate the federal reimbursement to a county that does not meet the reporting or other requirements of this section.
Subd. 9. [PAYMENTS.] Notwithstanding section 256.025,
subdivision 2, payments to counties for social service
expenditures for intensive family preservation services
under this section shall be made only from the federal earnings
under this section and earned through assessment activity
described under subdivision 3. Counties may use up to ten
percent of federal earnings received under subdivision 6,
paragraph (a), to cover costs of income maintenance activities
related to the operation of this section and sections 256B.094
and 256F.10.
Subd. 10. [COMMISSIONER RESPONSIBILITIES.] The commissioner in consultation with counties shall analyze state funding options to cover costs of counties' base level expenditures and any expansion of the nonfederal share of intensive family preservation services resulting from implementation of this section. The commissioner shall also study problems of implementation, barriers to maximizing federal revenue, and the impact on out-of-home placements of implementation of this section. The commissioner shall report to the legislature on the results of this analysis and study, together with recommendations, by February 15, 1995.
Sec. 3. Minnesota Statutes 1994, section 256D.02, subdivision 5, is amended to read:
Subd. 5. "Family" means the applicant or recipient and the following persons who reside with the applicant or recipient:
(1) the applicant's spouse;
(2) any minor child of whom the applicant is a parent, stepparent, or legal custodian, and that child's minor siblings, including half-siblings and stepsiblings;
(3) the other parent of the applicant's minor child or children together with that parent's minor children, and, if that parent is a minor, his or her parents, stepparents, legal guardians, and minor siblings; and
(4) if the applicant or recipient is a minor, the minor's parents, stepparents, or legal guardians, and any other minor children for whom those parents, stepparents, or legal guardians are financially responsible.
For the period July 1, 1993 to June 30, 1995, A minor
child who is temporarily absent from the applicant's or
recipient's home due to placement in foster care paid for from
state or local funds, but who is expected to return within six
months of the month of departure, is considered to be residing
with the applicant or recipient.
A "family" must contain at least one minor child and at least one of that child's natural or adoptive parents, stepparents, or legal custodians.
Sec. 4. Minnesota Statutes 1994, section 256E.115, is amended to read:
256E.115 [SAFE HOUSES AND TRANSITIONAL HOUSING FOR HOMELESS YOUTH.]
Subdivision 1. [COMMISSIONER DUTIES.] The commissioner
shall have authority to make grants for pilot programs when
the legislature authorizes money to encourage innovation in the
development of safe house programs to respond to the needs of
homeless youth issue a request for proposals from
organizations that are knowledgeable about the needs of homeless
youth for the purpose of providing safe houses and transitional
housing for homeless youth. The commissioner shall appoint a
review committee of up to eight members to evaluate the
proposals. The review panel must include representation from
communities of color, youth, and other community providers and
agency representatives who understand the needs and problems of
homeless youth. The commissioner shall also assist in
coordinating funding from federal and state grant programs and
funding available from a variety of sources for efforts to
promote a continuum of services for youth through a consolidated
grant application. The commissioner shall analyze the needs of
homeless youth and gaps in services throughout the state and
determine how to best serve those needs within the available
funding.
Subd. 2. [SAFE HOUSES AND TRANSITIONAL HOUSING.] A safe house provides emergency housing for homeless youth ranging in age from 13 to 22 with the goal of reuniting the family, if appropriate, whenever possible. Transitional housing provides housing for homeless youth ages 16 to 22 who are transitioning into independent living.
In developing both types of housing, the commissioner and the review committee shall try to create a family atmosphere in a neighborhood or community and, if possible, provide separate but cooperative homes for males and females. It may be necessary, due to licensing restrictions, to provide separate housing for different age groups. The following services, or adequate access to referrals for the following services, must be made available to the homeless youth:
(1) counseling services for the youth, and their families, if appropriate, on site, to help with problems that resulted in the homelessness;
(2) job services to help youth find employment in addition to creating jobs on site, including food service, maintenance, child care, and tutoring;
(3) health services that are confidential and provide preventive care services, crisis referrals, and other necessary health care services;
(4) living skills training to help youth learn how to care for themselves; and
(5) education services that help youth enroll in academic programs, if they are currently not in a program. Enrollment in an academic program is required for residency in transitional housing.
Sec. 5. Minnesota Statutes 1994, section 256F.01, is amended to read:
256F.01 [PUBLIC POLICY.]
The public policy of this state is to assure that all
children, regardless of minority racial or ethnic
heritage, live in families that offer a safe, permanent
relationship with nurturing parents or caretakers. To help
assure children the opportunity to establish lifetime
relationships, public social services must strive to provide
culturally competent services and be directed toward:
(1) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family if it is desirable and possible;
(2) restoring to their families children who have been removed, by continuing to provide services to the reunited child and the families;
(3) placing children in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and
(4) assuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
Sec. 6. Minnesota Statutes 1994, section 256F.02, is amended to read:
256F.02 [CITATION.]
Sections 256F.01 to 256F.07 and 256F.10 may be cited as the "Minnesota family preservation act."
Sec. 7. Minnesota Statutes 1994, section 256F.03, subdivision 5, is amended to read:
Subd. 5. [FAMILY-BASED SERVICES.] "Family-based services"
means one or more of the services described in paragraphs (a) to
(f) provided to families primarily in their own home for a
limited time. Family-based services eligible for funding
under the family preservation act are the services described in
paragraphs (a) to (f).
(a) [CRISIS SERVICES.] "Crisis services" means professional services provided within 24 hours of referral to alleviate a family crisis and to offer an alternative to placing a child outside the family home. The services are intensive and time limited. The service may offer transition to other appropriate community-based services.
(b) [COUNSELING SERVICES.] "Counseling services" means professional family counseling provided to alleviate individual and family dysfunction; provide an alternative to placing a child outside the family home; or permit a child to return home. The duration, frequency, and intensity of the service is determined in the individual or family service plan.
(c) [LIFE MANAGEMENT SKILLS SERVICES.] "Life management skills services" means paraprofessional services that teach family members skills in such areas as parenting, budgeting, home management, and communication. The goal is to strengthen family skills as an alternative to placing a child outside the family home or to permit a child to return home. A social worker shall coordinate these services within the family case plan.
(d) [CASE COORDINATION SERVICES.] "Case coordination services" means professional services provided to an individual, family, or caretaker as an alternative to placing a child outside the family home, to permit a child to return home, or to stabilize the long-term or permanent placement of a child. Coordinated services are provided directly, are arranged, or are monitored to meet the needs of a child and family. The duration, frequency, and intensity of services is determined in the individual or family service plan.
(e) [MENTAL HEALTH SERVICES.] "Mental health services" means the professional services defined in section 245.4871, subdivision 31.
(f) [EARLY INTERVENTION SERVICES.] "Early intervention services" means family-based intervention services designed to help at-risk families avoid crisis situations.
Sec. 8. Minnesota Statutes 1994, section 256F.03, is amended by adding a subdivision to read:
Subd. 10. [FAMILY PRESERVATION CORE SERVICES.] "Family preservation core services" means adequate capacity of crisis services as defined in subdivision 5, paragraph (a), plus either or both counseling services as defined in subdivision 5, paragraph (b), and mental health services as defined in subdivision 5, paragraph (e), plus life management skills services as defined in subdivision 5, paragraph (c).
Sec. 9. Minnesota Statutes 1994, section 256F.04, subdivision 1, is amended to read:
Subdivision 1. [GRANT PROGRAM FAMILY PRESERVATION
FUND.] The commissioner shall establish a statewide
family preservation grant program fund to assist
counties in providing placement prevention and family
reunification services. This fund shall include a basic grant
for family preservation services, a placement earnings grant
under section 256.8711, subdivision 6b, paragraph (a), and a
development grant under section 256.8711, subdivision 6a, to
assist counties in developing and expanding their family
preservation core services as defined in section 256F.03,
subdivision 10. Beginning with calendar year 1998, after each
annual or quarterly calculation, these three component grants
shall be added together and treated as a single family
preservation grant.
Sec. 10. Minnesota Statutes 1994, section 256F.04, subdivision 2, is amended to read:
Subd. 2. [FORMS AND INSTRUCTIONS.] The commissioner shall
provide necessary forms and instructions to the counties for
their community social services plan, as required in section
256E.09, that incorporate the permanency plan format and
information necessary to apply for a family preservation
fund grant, and to exercise county options under
section 256F.05, subdivision 7, paragraph (a), or subdivision 8,
paragraph (c).
Sec. 11. Minnesota Statutes 1994, section 256F.05, is amended by adding a subdivision to read:
Subd. 1a. [DEVELOPMENT OF FAMILY PRESERVATION CORE SERVICES.] The commissioner shall annually determine whether a county's family preservation core services, as defined in section 256F.03, subdivision 10, are developed for that calendar year. In making this determination for any given calendar year, the commissioner shall consider factors for each county such as which family preservation core services are included in its community services plan under section 256E.09, the ratio of expenditures on family preservation core services to expenditures on out-of-home placements, the availability of crisis services as defined in section 256F.03, subdivision 5, paragraph (a), and recent trends in out-of-home placements both within that county and statewide.
Sec. 12. Minnesota Statutes 1994, section 256F.05, subdivision 2, is amended to read:
Subd. 2. [MONEY AVAILABLE FOR THE BASIC GRANT.] Money
appropriated for family preservation grants to counties
under sections 256F.04 to 256F.07, together with an amount
as determined by the commissioner of title IV-B funds distributed
to Minnesota according to the Social Security Act, United States
Code, title 42, section 621, must be distributed to counties on a
calendar year basis according to the formula in subdivision 3.
Sec. 13. Minnesota Statutes 1994, section 256F.05, subdivision 3, is amended to read:
Subd. 3. [BASIC GRANT FORMULA.] (a) The amount
of money allocated to counties under subdivision 2 must be
based on the following two factors shall first be
allocated in amounts equal to each county's guaranteed floor
according to paragraph (b), and second, any remaining available
funds allocated as follows:
(1) 90 percent of the funds shall be allocated based on the population of the county under age 19 years as compared to the state as a whole as determined by the most recent data from the state demographer's office; and
(2) ten percent of the funds shall be allocated based on
the county's percentage share of the number of minority children
in substitute care receiving children's case management
services as defined by the commissioner based on the most recent
data as determined by the most recent department of human
services annual report on children in foster care
commissioner.
The amount of money allocated according to formula factor
(1) must not be less than 90 percent of the total allocated under
subdivision 2.
(b) Each county's basic grant guaranteed floor shall be calculated as follows:
(1) 90 percent of the county's allocation received in the preceding calendar year. For calendar year 1996 only, the allocation received in the preceding calendar year shall be determined by the commissioner based on the funding previously distributed as separate grants under sections 256F.04 to 256F.07; and
(2) when the amounts of funds available for allocation is less than the amount available in the previous year, each county's previous year allocation shall be reduced in proportion to the reduction in the statewide funding, for the purpose of establishing the guaranteed floor.
(c) The commissioner shall regularly review the use of family preservation fund allocations by county. The commissioner may reallocate unexpended or unencumbered money at any time among those counties that have expended or are projected to expend their full allocation.
Sec. 14. Minnesota Statutes 1994, section 256F.05, subdivision 4, is amended to read:
Subd. 4. [PAYMENTS.] The commissioner shall make grant
payments to each county whose biennial community social services
plan includes a permanency plan has been approved
under section 256F.04, subdivision 2. The payment must be
made basic grant under subdivisions 2 and 3 and the
development grant under section 256.8711, subdivision 6a, shall
be paid to counties in four installments per year. The
commissioner may certify the payments
for the first three months of a calendar year. Subsequent
payments must be made on May 15, August 15, and November 15,
of each calendar year. When an amount of title IV-B funds as
determined by the commissioner is made available, it shall be
reimbursed to counties on November 15. shall be based on
reported expenditures and may be adjusted for anticipated
spending patterns. The placement earnings grant under section
256.8711, subdivision 6b, paragraph (a), shall be based on
earnings and coordinated with the other payments. In calendar
years 1996 and 1997, the placement earnings grant and the
development grant shall be distributed separately from the basic
grant, except as provided in subdivision 7, paragraph (a).
Beginning with calendar year 1998, after each annual or quarterly
calculation, these three component grants shall be added together
into a single family preservation fund grant and treated as a
single grant.
Sec. 15. Minnesota Statutes 1994, section 256F.05, subdivision 5, is amended to read:
Subd. 5. [INAPPROPRIATE EXPENDITURES.] Family preservation fund basic, placement earnings, and development grant money must not be used for:
(1) child day care necessary solely because of the employment or training to prepare for employment, of a parent or other relative with whom the child is living;
(2) residential facility payments;
(3) adoption assistance payments;
(4) public assistance payments for aid to families with dependent children, supplemental aid, medical assistance, general assistance, general assistance medical care, or community health services authorized by sections 145A.09 to 145A.13; or
(5) administrative costs for local social services agency public assistance staff.
Sec. 16. Minnesota Statutes 1994, section 256F.05, subdivision 7, is amended to read:
Subd. 7. [TRANSFER OF FUNDS USES OF PLACEMENT
EARNINGS AND DEVELOPMENT GRANTS.] Notwithstanding
subdivision 1, the commissioner may transfer money from the
appropriation for family preservation grants to counties into the
subsidized adoption account when a deficit in the subsidized
adoption program occurs. The amount of the transfer must not
exceed five percent of the appropriation for family preservation
grants to counties. (a) For calendar years 1996 and 1997,
each county must use its placement earnings and development
grants to develop and expand its family preservation core
services as defined in section 256F.03, subdivision 10. If a
county demonstrates that its family preservation core services
are developed as provided in subdivision 1a, then at the county's
written request, the commissioner shall add its placement
earnings and development grant to its basic grant, to be used as
a single family preservation fund grant.
(b) Beginning with calendar year 1998, each county which has demonstrated that year that its family preservation core services are developed as provided in subdivision 1a, shall have its placement earnings and development grant added to its basic grant, to be used as a single family preservation fund grant. The development grant for any county which has not so demonstrated shall be redistributed to all counties which have, in proportion to their calculated development grants.
Sec. 17. Minnesota Statutes 1994, section 256F.05, subdivision 8, is amended to read:
Subd. 8. [USES OF FAMILY PRESERVATION FUND GRANTS
FOR FAMILY-BASED CRISIS SERVICES.] Within the limits of
appropriations made for this purpose, the commissioner may award
grants for the families first program, including section 256F.08,
to be distributed on a calendar year basis to counties to provide
programs for family-based crisis services defined in section
256F.03, subdivision 5. The commissioner shall ask counties to
present proposals for the funding and shall award grants for the
funding on a competitive basis. Beginning January 1, 1993, the
state share of the costs of the programs shall be 75 percent and
the county share, 25 percent. For both basic grants and
single family preservation fund grants:
(a) A county which has not demonstrated that year that its family preservation core services are developed as provided in subdivision 1a, must use its family preservation fund grant exclusively for family preservation services defined in section 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e).
(b) A county which has demonstrated that year that its family preservation core services are developed becomes eligible either to continue using its family preservation fund grant as provided in paragraph (a), or to exercise the expanded service option under paragraph (c).
(c) The expanded service option permits an eligible county to use its family preservation fund grant for child welfare preventative services as defined in section 256F.10, subdivision 7, paragraph (d). To exercise this option, an eligible county must notify the commissioner in writing of its intention to do so no later than 30 days into the quarter during which it intends to begin or in its county plan, as provided in section 256F.04, subdivision 2. Effective with the first day of that quarter, the county must maintain its base level of expenditures for child welfare preventative services and use the family preservation fund to expand them. The base level of expenditures for a county shall be that established under section 256F.10, subdivision 7. For counties which have no such base established, a comparable base shall be established with the base year being the calendar year ending at least two calendar quarters before the first calendar quarter in which the county exercises its expanded service option. The commissioner shall, at the request of the counties, reduce, suspend, or eliminate either or both of a county's obligations to continue the base level of expenditures and to expand child welfare preventative services based on conditions described in section 256F.10, subdivision 7, paragraph (b) or (c).
(d) Each county's placement earnings and development grant shall be determined under section 256.8711, but after each annual or quarterly calculation, if added to that county's basic grant, the three component grants shall be treated as a single family preservation fund grant.
Sec. 18. Minnesota Statutes 1994, section 256F.06, subdivision 1, is amended to read:
Subdivision 1. [RESPONSIBILITIES.] A county board may, alone
or in combination with other county boards, apply for a family
preservation fund grant as provided in section 256F.04,
subdivision 2. Upon approval of the family preservation
grant, the county board may contract for or directly provide
family-based and other eligible services.
Sec. 19. Minnesota Statutes 1994, section 256F.06, subdivision 2, is amended to read:
Subd. 2. [USES OF GRANTS DEVELOPING FAMILY
PRESERVATION CORE SERVICES.] The grant must be used
exclusively for family-based services. A county board
shall endeavor to develop and expand its family preservation core
services. When a county can demonstrate that its family
preservation core services are developed as provided in section
256F.05, subdivision 1a, a county board becomes eligible to
exercise the expanded service option under section 256F.05,
subdivision 8, paragraph (c). For calendar years 1996 and 1997,
the county board also becomes eligible to request that its basic,
placement earnings, and development grants be added into a single
grant under section 256F.05, subdivision 7, paragraph (a).
Sec. 20. Minnesota Statutes 1994, section 256F.06, subdivision 4, is amended to read:
Subd. 4. [REPORTING.] The commissioner shall specify
requirements for reports, including quarterly fiscal reports,
according to section 256.01, subdivision 2, paragraph (17).
The reports must include:
(1) a detailed statement of expenses attributable to the
grant during the preceding quarter; and
(2) a statement of the expenditure of money for family-based
services by the county during the preceding quarter, including
the number of clients served and the expenditures, by client, for
each service provided.
Sec. 21. Minnesota Statutes 1994, section 256F.09, is amended to read:
256F.09 [GRANTS FOR CHILDREN'S SAFETY FAMILY
VISITATION CENTERS.]
Subdivision 1. [PURPOSE.] The commissioner shall issue a
request for proposals from existing local nonprofit,
nongovernmental, or governmental organizations, to use
existing local facilities as pilot children's safety
family visitation centers which may also be used for
visitation exchanges. The commissioner shall award grants in
amounts up to $50,000 for the purpose of creating children's
safety or maintaining family visitation centers in
an effort to reduce children's vulnerability to violence and
trauma related to family visitation, where there has been a
history of domestic violence or abuse within the family. At
least one of the pilot projects shall be located in the
seven-county metropolitan area and at least one of the projects
shall be located outside the seven-county metropolitan area,
and The commissioner shall award the grants to provide the
greatest possible number of safety family
visitation centers and to locate them to provide for the
broadest possible geographic distribution of the centers
throughout the state.
Each children's safety family visitation center
must use existing local facilities to provide a healthy
interactive environment for parents who are separated or divorced
and for parents with children in foster homes to visit with their
children. The centers must be available for use by district
courts who may order visitation to occur at a safety
family visitation center. The centers may also be used as
drop-off sites, so that parents who are under court order to have
no contact with each other can exchange children for visitation
at a neutral site. Each center must provide sufficient security
to ensure a safe visitation environment for children and their
parents. A grantee must demonstrate the ability to provide a
25 percent local match, which may include in-kind
contributions.
Subd. 1a. [COUNTY INVOLVEMENT.] Each county or group of counties is encouraged to provide supervised visitation services in an effort to fill the gap in the court system that orders supervised visitation, but does not provide a center to accomplish the supervised visitation as ordered. Each county or group of counties is encouraged to either financially contribute to an existing family visitation center in the area, or establish a new center if there is not one in the area, possibly through county social services. In creating a new center, the county may collaborate with other counties, other family visitation centers, family services collaboratives, court services, and any other entity or organization. The goal is to provide family visitation centers statewide. The county shall apply for funding that may be available through the federal government, specifically for family preservation or family reunification purposes, or any other source of funding that will aid in developing and maintaining this vital service.
Subd. 2. [PRIORITIES FUNDING.] The
commissioner may award grants to create or maintain family
visitation centers.
In awarding grants to maintain a family visitation center, the commissioner may award a grant to a center that can demonstrate a 35 percent local match, provided the center is diligently exploring and pursuing all available funding options in an effort to become self-sustaining, and those efforts are reported to the commissioner.
In awarding grants under the program to create a
family visitation center, the commissioner shall give
priority to:
(1) areas of the state where no children's safety
other family visitation center or similar facility
exists;
(2) applicants who demonstrate that private funding for the center is available and will continue; and
(3) facilities that are adapted for use to care for children, such as day care centers, religious institutions, community centers, schools, technical colleges, parenting resource centers, and child care referral services.
Subd. 3. [ADDITIONAL SERVICES.] Each family visitation center may provide parenting and child development classes, and offer support groups to participating custodial parents and hold regular classes designed to assist children who have experienced domestic violence and abuse.
Subd. 4. [REPORT.] The commissioner shall evaluate the
operation of the pilot children's safety family
visitation centers and report to the legislature by February
1, 1994, with recommendations.
Subd. 5. [ADMINISTRATION.] In administering the grants authorized by this section, the commissioner shall ensure that the term "family visitation center" is used in all future applications, publicity releases, requests for proposals, and other materials of like nature. Materials published prior to the enactment of this legislation which use different terms may be distributed by the commissioner until supplies are gone.
Sec. 22. Minnesota Statutes 1994, section 256H.01, subdivision 9, is amended to read:
Subd. 9. [FAMILY.] "Family" means parents, stepparents, guardians and their spouses, or other eligible relative caretakers and their spouses, and their blood related dependent children and adoptive siblings under the age of 18 years living in the same home including children temporarily absent from the household in settings such as schools, foster care, and residential treatment facilities. When a minor parent or parents and his, her, or their child or children are living with other relatives, and the minor parent or parents apply for a child care subsidy, "family" means only the minor parent or parents and the child or children. An adult may be considered a dependent member of the family unit if 50 percent of the adult's support is being provided by the parents, stepparents, guardians and their spouses, or eligible relative caretakers and their spouses, residing in the same household. An adult age 18 who is a full-time high school student and can reasonably be expected to graduate before age 19 may be considered a dependent member of the family unit.
Sec. 23. Minnesota Statutes 1994, section 256H.01, subdivision 12, is amended to read:
Subd. 12. [PROVIDER.] "Provider" means a child care license
holder who operates a family day care home, a group family day
care home, a day care center, a nursery school, a day nursery, an
extended day school age child care program; a person exempt
from licensure who meets child care standards established
legal nonlicensed extended day school age child care program
which operates under the auspices of a local school board that
has adopted school age child care standards which meet or exceed
standards recommended by the state board
department of education; or a legal nonlicensed caregiver
who is at least 18 years of age, and who is not a member of the
AFDC assistance unit.
Sec. 24. Minnesota Statutes 1994, section 256H.02, is amended to read:
256H.02 [DUTIES OF COMMISSIONER.]
The commissioner shall develop standards for county and human
services boards to provide child care services to enable eligible
families to participate in employment, training, or education
programs. Within the limits of available appropriations, the
commissioner shall distribute money to counties to reduce the
costs of child care for eligible families. The commissioner
shall adopt rules to govern the program in accordance with this
section. The rules must establish a sliding schedule of fees for
parents receiving child care services. In the rules adopted
under this section, county and human services boards shall be
authorized to establish policies for payment of child care spaces
for absent children, when the payment is required by the child's
regular provider. The rules shall not set a maximum number of
days for which absence payments can be made, but instead shall
direct the county agency to set limits and pay for absences
according to the prevailing market practice in the county.
County policies for payment of absences shall be subject to the
approval of the commissioner. The commissioner shall maximize
the use of federal money under the AFDC employment special
needs program in section 256.736, subdivision 8, and
other programs that provide federal reimbursement for child care
services for recipients of aid to families with dependent
children who are in education, training, job search, or other
activities allowed under those programs. Money appropriated
under this section must be coordinated with the AFDC
employment special needs program and other programs that
provide federal reimbursement for child care services to
accomplish this purpose. Federal reimbursement obtained must be
allocated to the county that spent money for child care that is
federally reimbursable under programs that provide federal
reimbursement for child care services. The counties shall use
the federal money to expand child care services. The
commissioner may adopt rules under chapter 14 to implement and
coordinate federal program requirements.
Sec. 25. Minnesota Statutes 1994, section 256H.03, subdivision 1, is amended to read:
Subdivision 1. [ALLOCATION PERIOD; NOTICE OF ALLOCATION.] When
the commissioner notifies county and human service boards of the
forms and instructions they are to follow in the development of
their biennial community social services plans required under
section 256E.08, the commissioner shall also notify county and
human services boards of their estimated child care fund program
allocation for the two years covered by the plan. By June
October 1 of each year, the commissioner shall notify all
counties of their final child care fund program allocation.
Sec. 26. Minnesota Statutes 1994, section 256H.03, subdivision 2a, is amended to read:
Subd. 2a. [ELIGIBLE RECIPIENTS.] Families that meet the
eligibility requirements under sections 256H.10, except AFDC
recipients, MFIP recipients, and transition year families,
and 256H.11 are eligible for child care assistance under the
basic sliding fee program. From July 1, 1990, to June 30,
1991, a county may not accept new applications for the basic
sliding fee program unless the county can demonstrate that its
state money expenditures for the basic sliding fee program for
this period will not exceed 95 percent of the county's allocation
of state money for the fiscal year ending June 30, 1990. As
basic sliding fee program money becomes available to serve new
families, eligible families whose benefits were terminated during
the fiscal year ending June 30, 1990, for reasons other than loss
of eligibility shall be reinstated. Families enrolled in the
basic sliding fee program as of July 1, 1990, shall be continued
until they are no longer eligible. Counties shall make vendor
payments to the child care provider or pay the parent directly
for eligible child care expenses on a reimbursement basis.
Child care assistance provided through the child care fund is
considered assistance to the parent.
Sec. 27. Minnesota Statutes 1994, section 256H.03, subdivision 4, is amended to read:
Subd. 4. [ALLOCATION FORMULA.] Beginning July 1, 1992
January 1, 1996, the basic sliding fee state and federal
funds shall be allocated on a calendar year basis. Funds
shall be allocated first in amounts equal to each county's
guaranteed floor according to subdivision 6, with any remaining
available funds allocated according to the
following formula:
(a) One-half One-third of the funds shall be
allocated in proportion to each county's total expenditures for
the basic sliding fee child care program reported during the
12-month period ending on December 31 of the preceding state
fiscal year most recent calendar year completed at the
time of the notice of allocation.
(b) One-fourth One-third of the funds shall be
allocated based on the number of children under age 13 in each
county who are enrolled in general assistance medical care,
medical assistance, and the children's health plan on July 1,
of each year MinnesotaCare on December 31 of the most
recent calendar year completed at the time of the notice of
allocation.
(c) One-fourth One-third of the funds shall be
allocated based on the number of children under age 13 who reside
in each county, from the most recent estimates of the state
demographer.
Sec. 28. Minnesota Statutes 1994, section 256H.03, is amended by adding a subdivision to read:
Subd. 4a. [SIX-MONTH ALLOCATION.] For the period from July 1, 1995, to December 31, 1995, every county shall receive an allocation at least equal and proportionate to one-half of its original allocation in state fiscal year 1995. This six-month allocation shall be combined with the calendar year 1996 allocation and be administered as one 18-month allocation.
Sec. 29. Minnesota Statutes 1994, section 256H.03, subdivision 6, is amended to read:
Subd. 6. [GUARANTEED FLOOR.] (a) Each county's guaranteed
floor shall equal the lesser of:
(1) the county's original allocation in the preceding state
fiscal year; or
(2) 110 percent of the county's basic sliding fee child care
program state and federal earnings for the 12-month period ending
on December 31 of the preceding state fiscal year. For purposes
of this clause, "state and federal earnings" means the reported
direct child care expenditures adjusted for the administrative
allowance and 15 percent required county match. Beginning
January 1, 1996, each county's guaranteed floor shall equal 90
percent of the allocation received in the preceding calendar
year. For the calendar year 1996 allocation, the preceding
calendar year shall be considered to be double the six-month
allocation as provided for in subdivision 4a.
(b) When the amount of funds available for allocation is less than the amount available in the previous year, each county's previous year allocation shall be reduced in proportion to the reduction in the statewide funding, for the purpose of establishing the guaranteed floor.
Sec. 30. Minnesota Statutes 1994, section 256H.05, subdivision 6, is amended to read:
Subd. 6. [NON-STRIDE AFDC CHILD CARE PROGRAM ACCESS
CHILD CARE PROGRAM.] (a) Starting one month after
April 30, 1992, the department of human services
commissioner shall reimburse eligible expenditures for
2,000 family slots for AFDC caretakers not eligible for services
under section 256.736, who are engaged in an authorized
educational or job search program. Each county will receive a
number of family slots based on the county's proportion of the
AFDC caseload. A county must receive at least two family slots.
Eligibility and reimbursement are limited to the number of family
slots allocated to each county. County agencies shall authorize
an educational plan for each student and may prioritize families
eligible for this program in their child care fund plan upon
approval of the commissioner of human services. (b)
Persons eligible for but unable to participate in the JOBS
(STRIDE) program because of a waiting list may be accepted as a
new participant, or continue to participate in the ACCESS child
care program if a slot is available as long as all other
eligibility factors are met. Child care assistance must continue
under the ACCESS child care program until the participant loses
eligibility or is enrolled in project STRIDE.
(c)(1) Effective July 1, 1995, the commissioner shall reclaim 90 percent of the vacant slots in each county and distribute those slots to counties with waiting lists of persons eligible for the ACCESS child care program. The slots must be distributed to eligible families based on the July 1, 1995, waiting list placement date, first come, first served basis.
(2) ACCESS child care slots remaining after the waiting list under clause (1) has been eliminated must be distributed to eligible families on a first come, first served basis, based on the client's date of request.
(3) The county must notify the commissioner when an ACCESS slot in the county becomes available. Notification by the county must be within five calendar days of the effective date of the termination of the ACCESS child care services. The resulting vacant slot must be returned to the department of human services. The slot must then be redistributed under clause (2).
(4) The commissioner shall consult with the task force on child care and make recommendations to the 1996 legislature for future distribution of the ACCESS slots under this paragraph.
Sec. 31. Minnesota Statutes 1994, section 256H.08, is amended to read:
256H.08 [USE OF MONEY.]
Money for persons listed in sections 256H.03, subdivision 2a, and 256H.05, subdivision 1b, shall be used to reduce the costs of child care for students, including the costs of child care for students while employed if enrolled in an eligible education program at the same time and making satisfactory progress towards completion of the program. Counties may not limit the duration of child care subsidies for a person in an employment or educational program, except when the person is found to be ineligible under the child care fund eligibility standards. Any limitation must be based on a person's employability plan in the case of an AFDC recipient, and county policies included in the child care allocation plan. Time limitations for child care assistance, as specified in Minnesota Rules, parts 9565.5000 to 9565.5200, do not apply to basic or remedial educational programs needed to prepare for post-secondary education or employment. These programs include: high school, general equivalency diploma, and English as a second language. Programs exempt from this time limit must not run concurrently with a post-secondary program. High school students who are participating in a post-secondary options program and who receive a high school diploma issued by the school district are exempt from the time limitations while pursuing a high school diploma. Financially eligible students who have received child care assistance for one academic year shall be provided child care assistance in the following academic year if funds allocated under sections 256H.03 and 256H.05 are available. If an AFDC recipient who is receiving AFDC child care assistance under this chapter moves to another county, continues to participate in educational or training programs authorized in their employability development plans, and continues to be eligible for AFDC child care assistance under this chapter, the AFDC caretaker must receive continued child care assistance from the county responsible for their current employability development plan, without interruption.
Sec. 32. Minnesota Statutes 1994, section 256H.11, subdivision 1, is amended to read:
Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND RETAINING
EMPLOYMENT.] Persons who are seeking employment and who are
eligible for assistance under this section are eligible to
receive the equivalent of up to one month of child care
up to 240 hours of child care assistance per calendar
year. Employed persons who work at least an average
of ten hours a week and receive at least a minimum wage for
all hours worked are eligible for continued child care
assistance.
Sec. 33. Minnesota Statutes 1994, section 256H.12, subdivision 1, is amended to read:
Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.] Beginning
July 1, 1995, in addition to payments from parents
basic sliding fee child care program participants,
counties shall contribute from county tax or other sources a
minimum of 15 percent of the cost of the basic sliding fee
program at the local match percentage calculated according
to subdivision 1a. The commissioner shall recover funds from
the county as necessary to bring county expenditures into
compliance with this subdivision.
Sec. 34. Minnesota Statutes 1994, section 256H.12, is amended by adding a subdivision to read:
Subd. 1a. [LOCAL MATCH PERCENTAGE.] The local match percentage shall equal the lesser of either (i) 15 percent of the cost of the basic sliding fee program or (ii) the statewide required local match in state fiscal year 1995, divided by the sum of the current year's basic sliding fee allocation plus the statewide required local match in state fiscal year 1995. The resulting local match percentage shall be adjusted to reflect a statewide local match of five percent on any state and federal funding for the basic sliding fee program above the initial state fiscal year 1995 statewide allocation. For purposes of this computation, the statewide required local match in state fiscal year 1995 shall be equal to the initial state fiscal year 1995 basic sliding fee allocation, divided by 85 percent, and then multiplied by 15 percent. The calendar year 1996 local match percentage shall be in effect for the six-month allocation period defined in section 256H.03.
Sec. 35. Minnesota Statutes 1994, section 256H.12, subdivision 3, as amended by Laws 1995, chapter 139, section 1, is amended to read:
Subd. 3. [MAINTENANCE OF FUNDING EFFORT.] To receive money
through this program, each county shall certify, in its annual
plan to the commissioner, that the county has not reduced
allocations from other federal and state sources, which, in the
absence of the child care fund, would have been available for
child care assistance. However, the county must continue
contributions, as necessary, to maintain on the basic sliding fee
program for, families who are receiving assistance
on July 1, 1995, until the family loses eligibility for the
program or until a family voluntarily withdraws from the program.
This subdivision does not affect the local match required for
this program under other sections of the law.
Sec. 36. Minnesota Statutes 1994, section 256H.15, subdivision 1, is amended to read:
Subdivision 1. [SUBSIDY RESTRICTIONS.] (a) Until June 30,
1991, the maximum child care rate is determined under this
paragraph. The county board may limit the subsidy allowed by
setting a maximum on the provider child care rate that the county
shall subsidize. The maximum rate set by any county shall not be
lower than 110 percent or higher than 125 percent of the median
rate in that county for like care arrangements for all types of
care, including special needs and handicapped care, as determined
by the commissioner. If the county sets a maximum rate, it must
pay the provider's rate for each child receiving a subsidy, up to
the maximum rate set by the county. If a county does not set a
maximum provider rate, it shall pay the provider's rate for every
child in care. The maximum state payment is 125 percent of the
median provider rate. If the county has not set a maximum
provider rate and the provider rate is greater than 125 percent
of the median provider rate in the county, the county shall pay
the amount in excess of 125 percent of the median provider rate
from county funding sources. The county shall pay the provider's
full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate
for each type of care, including special needs and handicapped
care.
(b) Effective July 1, 1991, the maximum rate paid for
child care assistance under the child care fund is the maximum
rate eligible for federal reimbursement except that a provider
receiving reimbursement under paragraph (a) as of January 1,
1991, shall be paid at a rate no less than the rate of
reimbursement received under that paragraph. A rate which
includes a provider bonus paid under subdivision 2 or a special
needs rate paid under subdivision 3 may be in excess of the
maximum rate allowed under this subdivision. The department of
human services shall monitor the effect of this paragraph on
provider rates. The county shall pay the provider's full charges
for every child in care up to the maximum established. The
commissioner shall determine the maximum rate for each type of
care, including special needs and handicapped care.
(c) When the provider charge is greater than the maximum provider rate allowed, the parent is responsible for payment of the difference in the rates in addition to any family copayment fee.
Sec. 37. Minnesota Statutes 1994, section 256H.18, is amended to read:
256H.18 [ADMINISTRATIVE EXPENSES.]
The commissioner shall use up to seven percent
one-eleventh of the state and federal funds
appropriated available for the basic sliding fee
program for payments to counties for administrative expenses.
The commissioner shall use up to ten percent of federal funds
for payments to counties for administrative expenses.
Sec. 38. Minnesota Statutes 1994, section 256H.20, subdivision 3a, is amended to read:
Subd. 3a. [GRANT REQUIREMENTS AND PRIORITY.] Priority for awarding resource and referral grants shall be given in the following order:
(1) start up resource and referral programs in areas of the state where they do not exist; and
(2) improve resource and referral programs.
Resource and referral programs shall meet the following requirements:
(a) Each program shall identify all existing child care services through information provided by all relevant public and private agencies in the areas of service, and shall develop a resource file of the services which shall be maintained and updated at least quarterly. These services must include family day care homes; public and private day care programs; full-time and part-time programs; infant, preschool, and extended care programs; and programs for school age children.
The resource file must include: the type of program, hours of program service, ages of children served, fees, location of the program, eligibility requirements for enrollment, special needs services, and transportation available to the program. The file may also include program information and special program features.
(b) Each resource and referral program shall establish a referral process which responds to parental need for information and which fully recognizes confidentiality rights of parents. The referral process must afford parents maximum access to all referral information. This access must include telephone referral available for no less than 20 hours per week.
Each child care resource and referral agency shall publicize its services through popular media sources, agencies, employers, and other appropriate methods.
(c) Each resource and referral program shall maintain ongoing documentation of requests for service. All child care resource and referral agencies must maintain documentation of the number of calls and contacts to the child care information and referral agency or component. A resource and referral program shall collect and maintain the following information:
(1) ages of children served;
(2) time category of child care request for each child;
(3) special time category, such as nights, weekends, and swing shift; and
(4) reason that the child care is needed.
(d) Each resource and referral program shall make available the following information as an educational aid to parents:
(1) information on aspects of evaluating the quality and suitability of child care services, including licensing regulation, financial assistance available, child abuse reporting procedures, appropriate child development information;
(2) information on available parent, early childhood, and family education programs in the community.
(e) On or after one year of operation a resource and referral program shall provide technical assistance to employers and existing and potential providers of all types of child care services. This assistance shall include:
(1) information on all aspects of initiating new child care services including licensing, zoning, program and budget development, and assistance in finding information from other sources;
(2) information and resources which help existing child care providers to maximize their ability to serve the children and parents of their community;
(3) dissemination of information on current public issues affecting the local and state delivery of child care services;
(4) facilitation of communication between existing child care providers and child-related services in the community served;
(5) recruitment of licensed providers; and
(6) options, and the benefits available to employers utilizing the various options, to expand child care services to employees.
Services prescribed by this section must be designed to maximize parental choice in the selection of child care and to facilitate the maintenance and development of child care services and resources.
(f) Child care resource and referral information must be provided to all persons requesting services and to all types of child care providers and employers.
(g) Each resource and referral program shall coordinate early childhood training for child care providers in that program's service delivery area. The resource and referral program shall convene an early childhood care and education training advisory committee to assist in the following activities:
(1) assess the early childhood care and education training needs of child care center staff and family and group family child care providers;
(2) coordinate existing early childhood care and education training;
(3) develop new early childhood care and education training opportunities; and
(4) publicize all early childhood training classes and workshops to child care center staff and family and group family child care providers in the service delivery area.
(h) Public or private entities may apply to the commissioner for funding. A local match of up to 25 percent is required.
Sec. 39. Minnesota Statutes 1994, section 257.3571, subdivision 1, is amended to read:
Subdivision 1. [PRIMARY SUPPORT GRANTS.] The commissioner
shall establish direct grants to Indian tribes and,
Indian organizations, and tribal social service agency
programs located off-reservation that serve Indian children and
their families to provide primary support for Indian child
welfare programs to implement the Indian family preservation
act.
Sec. 40. Minnesota Statutes 1994, section 257.3572, is amended to read:
257.3572 [GRANT APPLICATIONS.]
A tribe or, Indian organization, or tribal
social service agency program located off-reservation may
apply for primary support grants under section 257.3571,
subdivision 1. A local social service agency, tribe, Indian
organization, or other social service organization may apply for
special focus grants under section 257.3571, subdivision 2.
Civil legal service organizations eligible for grants under
section 257.3571, subdivision 2a, may apply for grants under that
section. Application may be made alone or in combination with
other tribes or Indian organizations.
Sec. 41. Minnesota Statutes 1994, section 257.3577, subdivision 1, is amended to read:
Subdivision 1. [PRIMARY SUPPORT GRANTS.] (a) The amount
available for grants established under section 257.3571,
subdivision 1, to tribes and, Indian
organization grants organizations, and tribal social
service agency programs located off-reservation is
four-fifths of the total annual appropriation for Indian child
welfare grants.
(b) The commissioner shall award tribes at least 70 percent of the amount set in paragraph (a) for primary support grants. Each tribe shall be awarded a base amount of five percent of the total amount set in this paragraph. In addition, each tribe shall be allocated a proportion of the balance of the amount set in this paragraph, less the total base amounts for all reservations. This proportion must equal the ratio of the tribe's on-reservation population to the state's total on-reservation population. Population data must be based on the most recent federal census data according to the state demographer's office.
(c) The commissioner shall award Indian organizations and tribal social service agency programs located off-reservation that serve Indian children and families up to 30 percent of the amount set in paragraph (a) for primary support grants. A maximum of four multiservice Indian organizations and tribal social service agency programs located off-reservation may be awarded grants under this paragraph. "Multiservice Indian organizations" means Indian organizations recognized by the Indian community as providing a broad continuum of social, educational, or cultural services, including Indian child welfare services designed to meet the unique needs of the Indian communities in Minneapolis, St. Paul, and Duluth. Grants may be awarded to programs that submit acceptable proposals, comply with the goals and the application process of the program, and have budgets that reflect appropriate and efficient use of funds. To maintain continuity of service in Indian communities, primary support grants awarded under this paragraph which meet the grant criteria and have demonstrated satisfactory performance as established by the commissioner may be awarded on a noncompetitive basis. The commissioner may revoke or deny funding for Indian organizations or tribal social service agencies failing to meet the grant criteria established by the commissioner, and the commissioner may request new proposals from Indian organizations or tribal social service agencies to the extent that funding is available.
Sec. 42. [KINSHIP CAREGIVER INFORMATION.]
The commissioner of human services shall develop an informational brochure which describes the laws and services that may be applicable to and available to grandparents and other kinship caregivers to assist them in caring for the minor kinship children who are in their care. The brochure must also indicate how a kinship caregiver can receive further information. The brochure must be distributed to county social service agencies, area agencies on aging, the ombudsperson for families, and other known community organizations that may have contact with kinship caregivers. For purposes of this section, "kinship caregiver" means any of the following persons related to the child by marriage, blood, or adoption: grandparent, great grandparent, brother, sister, stepparent, stepsister, stepbrother, niece, nephew, uncle, great uncle, aunt, or great aunt.
Sec. 43. [DIFFICULTY OF CARE STUDY.]
The commissioner of human services shall study and report to the house health and human services finance division, and to the senate health care and family services finance division, on the advisability of continuing to reimburse for foster care services on the basis of difficulty of care factors. The report shall be submitted no later than January 1, 1996, and shall include specific recommendations as to whether the difficulty of care reimbursement system should be retained, modified, or abandoned. In preparing this report, the commissioner shall consult with public and private foster care agencies and with foster care providers, and shall consider the differential impact, if any, on the child from receiving foster care reimbursement through the difficulty of care reimbursement system versus through an alternative reimbursement mechanism. The report must also identify the legal and institutional barriers, if any, to changing from a difficulty of care reimbursement system to another type of reimbursement system.
Sec. 44. [REPEALER.]
Minnesota Statutes 1994, sections 256F.05, subdivisions 2a and 4a; 256F.06, subdivision 3; 256F.09, subdivision 4; and 256H.03, subdivisions 2 and 5, are repealed.
Sec. 45. [EFFECTIVE DATE.]
Section 2 (256.8711, subdivisions 1 to 10) is effective October 1, 1995.
Sections 5 (256F.01), 6 (256F.02), 7 and 8 (256F.03, subdivisions 5 and 10), 9 and 10 (256F.04, subdivisions 1 and 2), 11 to 17 (256F.05, subdivisions 1a, 2, 3, 4, 5, 7, and 8), and 18 and 19 (256F.06, subdivisions 1 and 2) are effective January 1, 1996.
Section 1. Minnesota Statutes 1994, section 256.12, subdivision 14, is amended to read:
Subd. 14. [DEPENDENT CHILD.] (a) "Dependent child," as used in sections 256.72 to 256.87, means a child under the age of 18 years, or a child under the age of 19 years who is regularly attending as a full-time student, and is expected to complete before reaching age 19, a high school or a secondary level course of vocational or technical training designed to fit students for gainful employment, who is found to be deprived of parental support or care by reason of the death, continued absence from the home, physical or mental incapacity of a parent, or who is a child of an unemployed parent as that term is defined by the commissioner of human services, such definition to be consistent with and not to exceed minimum standards established by the Congress of the United States and the Secretary of Health and Human Services. When defining "unemployed parent," the commissioner shall count up to four calendar quarters of full-time attendance in any of the following toward the requirement that a principal earner have six or more quarters of work in any 13 calendar quarter period ending within one year before application for aid to families with dependent children:
(1) an elementary or secondary school;
(2) a federally approved vocational or technical training course designed to prepare the parent for gainful employment; or
(3) full-time participation in an education or training program established under the job training partnership act.
(b) Dependent child also means a child:
(1) whose relatives are liable under the law for the child's support and are not able to provide adequate care and support of the child; and
(2) who is living with father, mother, grandfather,
grandmother, brother, sister, stepfather, stepmother,
stepbrother, stepsister, uncle, aunt, first cousin, nephew, or
niece a parent or a person in one of the groups listed
under Code of Federal Regulations, title 45, section
233.90(c)(1)(v)(A) in a place of residence maintained by one
or more of these relatives as a home.
(c) Dependent child also means a child who has been removed
from the home of a relative after a judicial determination that
continuance in the home would be contrary to the welfare and best
interests of the child and whose care and placement in a foster
home, a different relative's home, or a private licensed
child care institution is, in accordance with the rules of the
commissioner, the responsibility of the state or county agency
under sections 256.72 to 256.87. This child is eligible for
benefits only through the foster care and adoption assistance
program contained in Title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 676, and is not
entitled to benefits under sections 256.72 to 256.87.
Sec. 2. Minnesota Statutes 1994, section 256.73, subdivision 2, is amended to read:
Subd. 2. [ALLOWANCE BARRED BY OWNERSHIP OF PROPERTY.] Ownership by an assistance unit of property as follows is a bar to any allowance under sections 256.72 to 256.87:
(1) The value of real property other than the homestead, which
when combined with other assets exceeds the limits of paragraph
(2), unless the assistance unit is making a good faith effort to
sell the nonexcludable real property. The time period for
disposal must not exceed nine consecutive months. The assistance
unit must sign an agreement to dispose of the property and to
repay assistance received during the nine months that would
not have been paid had the property been sold at the beginning of
such period, but not to exceed the amount of the net sale
proceeds. The family has five working days from the date it
realizes cash from the sale of the property to repay the
overpayment. If the property is not sold within the required
time or the assistance unit becomes ineligible for any reason
during the nine-month period, the amount payable under the
agreement will not be determined and recovery will not begin
until the property is in fact sold. give the local agency
a lien to secure repayment of benefits received by the assistance
unit during the nine-month period covered by the agreement. The
provisions of section 514.981, subdivision 2, clauses (a)(1),
(a)(3), (a)(4), (a)(5), and (e); subdivisions 4 and 5, clauses
(a)(2), (b)(3) (b)(4), and (d); and subdivision 6; section
514.982, subdivision 1, clauses (1), (2), and (4); and
subdivision 2; and sections 514.983 and 514.984, regarding
medical assistance liens, shall apply to AFDC liens under this
section, except that the filing fees paid by the county agency
under this section shall be deducted from recoveries made under
this lien provision. For purposes of this paragraph, all
references in sections 514.981 to 514.984, to medical assistance
liens and to medical assistance benefits shall be construed to be
references to AFDC liens and to AFDC benefits, respectively.
If the property is intentionally sold at less than fair market
value or if a good faith effort to sell the property is not being
made, the overpayment amount shall be computed using the fair
market value determined at the beginning of the nine-month
period. For the purposes of this section, "homestead" means the
home that is owned by, and is the usual residence of, the child,
relative, or other member of the assistance unit together with
the surrounding property which is not separated from the home by
intervening property owned by others. "Usual residence" includes
the home from which the child, relative, or other members of the
assistance unit is temporarily absent due to an employability
development plan approved by the local human service agency,
which includes education, training, or job search within the
state but outside of the immediate geographic area. Public
rights-of-way, such as roads which run through the surrounding
property and separate it from the home, will not affect the
exemption of the property; or
(2) Personal property of an equity value in excess of $1,000 for the entire assistance unit, exclusive of personal property used as the home, one motor vehicle of an equity value not exceeding $1,500 or the entire equity value of a motor vehicle determined to be necessary for the operation of a self-employment business, one burial plot for each member of the assistance unit, one prepaid burial contract with an equity value of no more than $1,000 for each member of the assistance unit, clothing and necessary household furniture and equipment and other basic maintenance items essential for daily living, in accordance with rules promulgated by and standards established by the commissioner of human services.
Sec. 3. Minnesota Statutes 1994, section 256.73, subdivision 3a, is amended to read:
Subd. 3a. [PERSONS INELIGIBLE.] No assistance shall be given under sections 256.72 to 256.87:
(1) on behalf of any person who is receiving supplemental security income under title XVI of the Social Security Act unless permitted by federal regulations;
(2) for any month in which the assistance unit's gross income, without application of deductions or disregards, exceeds 185 percent of the standard of need for a family of the same size and composition; except that the earnings of a dependent child who is a full-time student may be disregarded for six months per calendar year and the earnings of a dependent child that are derived from the jobs training and partnership act (JTPA) may be disregarded for six months per calendar year. These two earnings disregards cannot be combined to allow more than a total of six months
per calendar year when the earned income of a full-time student
is derived from participation in a program under the JTPA. If a
stepparent's income is taken into account in determining need,
the disregards specified in section 256.74, subdivision 1a, shall
be applied to determine income available to the assistance unit
before calculating the unit's gross income for purposes of this
paragraph;. If a stepparent's needs are included in
the assistance unit as specified in section 256.74, subdivision
1, the disregards specified in section 256.74, subdivision 1,
shall be applied.
(3) to any assistance unit for any month in which any caretaker relative with whom the child is living is, on the last day of that month, participating in a strike;
(4) on behalf of any other individual in the assistance unit, nor shall the individual's needs be taken into account for any month in which, on the last day of the month, the individual is participating in a strike;
(5) on behalf of any individual who is the principal earner in an assistance unit whose eligibility is based on the unemployment of a parent when the principal earner, without good cause, fails or refuses to accept employment, or to register with a public employment office, unless the principal earner is exempt from these work requirements.
Sec. 4. Minnesota Statutes 1994, section 256.736, subdivision 3, is amended to read:
Subd. 3. [REGISTRATION.] (a) To the extent permissible under federal law, every caretaker or child is required to register for employment and training services, as a condition of receiving AFDC, unless the caretaker or child is:
(1) a child who is under age 16, a child age 16 or 17 who is attending elementary or secondary school or a secondary level vocational or technical school full time;
(2) ill, incapacitated, or age 60 or older;
(3) a person for whom participation in an employment and training service would require a round trip commuting time by available transportation of more than two hours;
(4) a person whose presence in the home is required because of illness or incapacity of another member of the household;
(5) a caretaker or other caretaker relative of a child under the age of three who personally provides full-time care for the child. In AFDC-UP cases, only one parent or other relative may qualify for this exemption;
(6) a caretaker or other caretaker relative personally providing care for a child under six years of age, except that when child care is arranged for or provided, the caretaker or caretaker relative may be required to register and participate in employment and training services up to a maximum of 20 hours per week. In AFDC-UP cases, only one parent or other relative may qualify for this exemption;
(7) a pregnant woman, if it has been medically verified that
the child is expected to be born within the next six months;
or
(8) employed at least 30 hours per week; or
(9) an individual added to an assistance unit as an essential person under section 256.74, subdivision 1, who does not meet the definition of a "caretaker" as defined in subdivision 1a, paragraph (c).
(b) To the extent permissible by federal law, applicants for benefits under the AFDC program are registered for employment and training services by signing the application form. Applicants must be informed that they are registering for employment and training services by signing the form. Persons receiving benefits on or after July 1, 1987, shall register for employment and training services to the extent permissible by federal law. The caretaker has a right to a fair hearing under section 256.045 with respect to the appropriateness of the registration.
Sec. 5. Minnesota Statutes 1994, section 256.736, subdivision 13, is amended to read:
Subd. 13. [STATE SHARE.] The state must pay 75 percent of the nonfederal share of costs incurred by counties under subdivision 11.
Beginning July 1, 1991, the state will reimburse counties, up
to the limit of state appropriations, according to the payment
schedule in section 256.025, for the county share of county
agency expenditures made under subdivision 11 from January 1,
1991, on to June 30, 1995. Payment to counties
under this subdivision is subject to the provisions of section
256.017.
Beginning July 1, 1995, the state must pay 100 percent of the nonfederal share incurred by counties under subdivision 11, up to the limit of state appropriations. If the state appropriation is not sufficient to fund the cost of case management services for all caretakers identified in subdivision 2a, the commissioner must define a statewide subgroup of caretakers which includes all caretakers in subdivision 2a, clause (1), and as many caretakers as possible from subdivision 2a, clauses (2) and (3).
Sec. 6. Minnesota Statutes 1994, section 256.74, subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] The amount of assistance which shall
be granted to or on behalf of any dependent child and
mother parent or other needy eligible relative
caring for the dependent child shall be determined by the county
agency in accordance with rules promulgated by the commissioner
and shall be sufficient, when added to all other income and
support available to the child, to provide the child with a
reasonable subsistence compatible with decency and health. To
the extent permissible under federal law, an eligible relative
caretaker or parent shall have the option to include in the
assistance unit the needs, income, and resources of the following
essential persons who are not otherwise eligible for AFDC because
they do not qualify as a caretaker or as a dependent
child:
(1) a parent or relative caretaker's spouse and stepchildren; or
(2) blood or legally adopted relatives who are under the age of 18 or under the age of 19 years who are regularly attending as a full-time student, and are expected to complete before or during the month of their 19th birthday, a high school or secondary level course of vocational or technical training designed to prepare students for gainful employment. The amount shall be based on the method of budgeting required in Public Law Number 97-35, section 2315, United States Code, title 42, section 602, as amended and federal regulations at Code of Federal Regulations, title 45, section 233. Nonrecurring lump sum income received by an AFDC family must be budgeted in the normal retrospective cycle. When the family's income, after application of the applicable disregards, exceeds the need standard for the family because of receipt of earned or unearned lump sum income, the family will be ineligible for the full number of months derived by dividing the sum of the lump sum income and other income by the monthly need standard for a family of that size. Any income remaining from this calculation is income in the first month following the period of ineligibility. The first month of ineligibility is the payment month that corresponds with the budget month in which the lump sum income was received. For purposes of applying the lump sum provision, family includes those persons defined in the Code of Federal Regulations, title 45, section 233.20(a)(3)(ii)(F). A period of ineligibility must be shortened when the standard of need increases and the amount the family would have received also changes, an amount is documented as stolen, an amount is unavailable because a member of the family left the household with that amount and has not returned, an amount is paid by the family during the period of ineligibility to cover a cost that would otherwise qualify for emergency assistance, or the family incurs and pays for medical expenses which would have been covered by medical assistance if eligibility existed. In making its determination the county agency shall disregard the following from family income:
(1) all the earned income of each dependent child applying for AFDC if the child is a full-time student and all of the earned income of each dependent child receiving AFDC who is a full-time student or is a part-time student who is not a full-time employee. A student is one who is attending a school, college, or university, or a course of vocational or technical training designed to fit students for gainful employment and includes a participant in the Job Corps program under the Job Training Partnership Act (JTPA). The county agency shall also disregard all income of each dependent child applying for or receiving AFDC when the income is derived from a program carried out under JTPA, except that disregard of earned income may not exceed six months per calendar year;
(2) all educational grants and loans assistance,
except the county agency shall count graduate student teaching
assistantships, fellowships, and other similar paid work as
earned income and, after allowing deductions for any unmet and
necessary educational expenses, shall count scholarships or
grants awarded to graduate students that do not require teaching
or research as unearned income;
(3) the first $90 of each individual's earned income. For self-employed persons, the expenses directly related to producing goods and services and without which the goods and services could not be produced shall be disregarded pursuant to rules promulgated by the commissioner;
(4) thirty dollars plus one-third of each individual's earned income for individuals found otherwise eligible to receive aid or who have received aid in one of the four months before the month of application. With respect to any month, the county welfare agency shall not disregard under this clause any earned income of any person who has: (a) reduced earned income without good cause within 30 days preceding any month in which an assistance payment is made; (b) refused without good cause to accept an offer of suitable employment; (c) left employment or reduced earnings without good cause and applied for assistance so as to be able later to return to employment with the advantage of the income disregard; or (d) failed without good cause to make a timely report of earned income in accordance with rules promulgated by the commissioner of human services. Persons who are already employed and who apply for assistance shall have their needs computed with full account taken of their earned and other income. If earned and other income of the family is less than need, as determined on the basis of public assistance standards, the county agency shall determine the amount of the grant by applying the disregard of income provisions. The county agency shall not disregard earned income for persons in a family if the total monthly earned and other income exceeds their needs, unless for any one of the four preceding months their needs were met in whole or in part by a grant payment. The disregard of $30 and one-third of earned income in this clause shall be applied to the individual's income for a period not to exceed four consecutive months. Any month in which the individual loses this disregard because of the provisions of subclauses (a) to (d) shall be considered as one of the four months. An additional $30 work incentive must be available for an eight-month period beginning in the month following the last month of the combined $30 and one-third work incentive. This period must be in effect whether or not the person has earned income or is eligible for AFDC. To again qualify for the earned income disregards under this clause, the individual must not be a recipient of aid for a period of 12 consecutive months. When an assistance unit becomes ineligible for aid due to the fact that these disregards are no longer applied to income, the assistance unit shall be eligible for medical assistance benefits for a 12-month period beginning with the first month of AFDC ineligibility;
(5) an amount equal to the actual expenditures for the care of each dependent child or incapacitated individual living in the same home and receiving aid, not to exceed: (a) $175 for each individual age two and older, and $200 for each individual under the age of two. The dependent care disregard must be applied after all other disregards under this subdivision have been applied;
(6) the first $50 per assistance unit of the monthly support obligation collected by the support and recovery (IV-D) unit. The first $50 of periodic support payments collected by the public authority responsible for child support enforcement from a person with a legal obligation to pay support for a member of the assistance unit must be paid to the assistance unit within 15 days after the end of the month in which the collection of the periodic support payments occurred and must be disregarded when determining the amount of assistance. A review of a payment decision under this clause must be requested within 30 days after receiving the notice of collection of assigned support or within 90 days after receiving the notice if good cause can be shown for not making the request within the 30-day limit;
(7) that portion of an insurance settlement earmarked and used to pay medical expenses, funeral and burial costs, or to repair or replace insured property; and
(8) all earned income tax credit payments received by the family as a refund of federal income taxes or made as advance payments by an employer.
All payments made pursuant to a court order for the support of children not living in the assistance unit's household shall be disregarded from the income of the person with the legal obligation to pay support, provided that, if there has been a change in the financial circumstances of the person with the legal obligation to pay support since the support order was entered, the person with the legal obligation to pay support has petitioned for a modification of the support order.
Sec. 7. Minnesota Statutes 1994, section 256D.05, subdivision 7, is amended to read:
Subd. 7. [INELIGIBILITY FOR GENERAL ASSISTANCE.] No person
disqualified from any federally aided assistance program
shall be eligible for general assistance during the
a period covered by the disqualification sanction
of disqualification because of sanctions, from any federally
aided assistance program; or if the person could be considered an
essential person under section 256.74, subdivision 1.
Sec. 8. Minnesota Statutes 1994, section 256D.36, subdivision 1, is amended to read:
Subdivision 1. [STATE PARTICIPATION.] (a) [ELIGIBILITY.]
Commencing January 1, 1974, the commissioner shall certify to
each county agency the names of all county residents who were
eligible for and did receive aid during December, 1973, pursuant
to a categorical aid program of old age assistance, aid to the
blind, or aid to the disabled. The amount of supplemental aid
for each individual eligible under this section shall be
calculated according to the formula in title II, section 212(a)
(3) of Public Law Number 93-66, as amended.
(b) [DIVISION COSTS.] From and after January 1, 1980, until
January 1, 1981, the state shall pay 70 percent and the county
shall pay 30 percent of the supplemental aid calculated for each
county resident certified under this section who is an applicant
for or recipient of supplemental security income. After December
31, 1980, The state share of aid paid shall be 85 percent and
the county share shall be 15 percent. Benefits shall be issued
to recipients by the state or county and funded according to
section 256.025, subdivision 3, subject to provisions of section
256.017.
Beginning July 1, 1991, the state will reimburse counties according to the payment schedule in section 256.025 for the county share of county agency expenditures for financial benefits to individuals under this subdivision from January 1, 1991, on. Payment to counties under this subdivision is subject to the provisions of section 256.017.
Sec. 9. Minnesota Statutes 1994, section 256D.385, is amended to read:
256D.385 [RESIDENCE.]
To be eligible for Minnesota supplemental aid, a person must be
a resident of Minnesota and (1) a citizen of the United States,
or (2) an alien lawfully admitted to the United States
for permanent residence, or (3) otherwise permanently residing in
the United States under color of law as defined by an
alien eligible to receive benefits from the supplemental
security income program.
Sec. 10. Minnesota Statutes 1994, section 256D.405, subdivision 3, is amended to read:
Subd. 3. [REPORTS.] Recipients must report changes in
circumstances that affect eligibility or assistance payment
amounts within ten days of the change. Recipients with earned
income, and recipients who do not receive SSI because of
excess income must complete a monthly report form if they have
earned income, if they have income allocated
deemed to them from a financially responsible relative
with whom the recipient resides, must complete a monthly
household report form or if they have income deemed to
them by a sponsor. If the report form is not received before
the end of the month in which it is due, the county agency must
terminate assistance. The termination shall be effective on the
first day of the month following the month in which the report
was due. If a complete report is received within the month the
assistance was terminated, the assistance unit is considered to
have continued its application for assistance, effective the
first day of the month the assistance was terminated.
Sec. 11. Minnesota Statutes 1994, section 256D.425, subdivision 1, is amended to read:
Subdivision 1. [PERSONS ENTITLED TO RECEIVE AID.] A person
who is aged, blind, or 18 years of age or older and disabled,
whose income is less than the standards of assistance in section
256D.44 and whose resources are less than the limits in
subdivision 2 is eligible for and entitled to Minnesota
supplemental aid. A person found eligible by the Social Security
Administration for supplemental security income under Title XVI
on the basis of age, blindness, or disability meets these
requirements. A person who would be eligible for the
supplemental security income program except for income that
exceeds the limit of that program but that A person
receiving supplemental security benefits under Title XVI on the
basis of age, blindness, or disability (or would be eligible for
such benefits except for excess income) is eligible for a payment
under the Minnesota supplemental aid program, if the person's net
income is less than the standards in section 256D.44. Persons who
are not receiving supplemental security income benefits under
Title XVI of the Social Security Act or disability insurance
benefits under Title II of the Social Security Act due to
exhausting time limited benefits are not eligible to receive
benefits under the MSA program. Persons who are not receiving
social security or other maintenance benefits for failure to meet
or comply with the social security or other maintenance program
requirements are not eligible to receive benefits under the MSA
program. Persons who are found ineligible for supplemental
security income because of excess income, but whose income is
within the limits of the Minnesota supplemental aid program, must
have blindness or disability determined by the state medical
review team.
Sec. 12. Minnesota Statutes 1994, section 256D.435, subdivision 1, is amended to read:
Subdivision 1. [EXCLUSIONS INCOME.] The
following is excluded from income in determining eligibility for
Minnesota supplemental aid:
(1) the value of food stamps;
(2) home-produced food used by the household;
(3) Indian claim payments made by the United States Congress
to compensate members of Indian tribes for the taking of tribal
lands by the federal government;
(4) cash payments to displaced persons who face relocation
as a result of the Housing Act of 1965, the Housing and Urban
Development Act of 1965, or the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970;
(5) one-third of child support payments received by an
eligible child from an absent parent;
(6) displaced homemaker payments;
(7) reimbursement received for maintenance costs of
providing foster care to adults or children;
(8) benefits received under Title IV and Title VII of the
Older Americans Act of 1965;
(9) Minnesota renter or homeowner property tax
refunds;
(10) infrequent, irregular income that does not total more
than $20 per person in a month;
(11) reimbursement payments received from the VISTA
program;
(12) in-kind income;
(13) payments received for providing volunteer services
under Title I, Title II, and Title III of the Domestic Volunteer
Service Act of 1973;
(14) loans that have to be repaid;
(15) federal low-income heating assistance program
payments;
(16) any other type of funds excluded as income by state
law;
(17) student financial aid, as allowed for the supplemental
security income program; and
(18) other income excluded by the supplemental security
income program. For persons receiving supplemental
security income benefits, the countable income used to determine
eligibility and benefits for Minnesota supplemental aid is the
gross amount of the Federal Benefit Rate (FBR) after allowing for
the general income disregard in subdivision 5. For persons who
have been denied a supplemental security income benefit due to
excess income, and have had their blindness or disability
determined through the state medical review team, the countable
income is the gross amount of earned and unearned income, minus
the exclusions and disregards listed in subdivisions 4a, 5,
and 6.
Sec. 13. Minnesota Statutes 1994, section 256D.435, subdivision 3, is amended to read:
Subd. 3. [APPLICATION FOR FEDERALLY FUNDED BENEFITS.]
Persons for whom the applicant or recipient has financial
responsibility and who have unmet needs Persons who live
with the applicant or recipient, who have unmet needs and for
whom the applicant or recipient has financial responsibility,
must apply for and, if eligible, accept AFDC and other federally
funded benefits. If the persons are determined potentially
eligible for AFDC by the county agency, the applicant or
recipient may not allocate earned or unearned income to those
persons while an AFDC application is pending, or after the
persons are determined eligible for AFDC. If the persons are
determined potentially eligible for other federal benefits, the
applicant or recipient may only allocate income to those persons
until they are determined eligible for those other benefits
unless the amount of those benefits is less than the amount in
subdivision 4.
Sec. 14. Minnesota Statutes 1994, section 256D.435, subdivision 4, is amended to read:
Subd. 4. [ALLOCATION AND DEEMING OF INCOME.] The
rate of allocation to relatives for whom the applicant or
recipient is financially responsible is one-half the individual
supplemental security income standard of assistance, except as
restricted in subdivision 3.
If the applicant or recipient shares a residence with
another person who has financial responsibility for the applicant
or recipient, the income of that person is considered available
to the applicant or recipient after allowing: (1) the deductions
in subdivisions 7 and 8; and (2) a deduction for the needs of the
financially responsible relative and others in the household for
whom that relative is financially responsible. The rate allowed
to meet the needs of each of these people is one-half the
individual supplemental security income standard. The
county agency shall apply the supplemental security income rules
regarding financial responsibility when determining the amount of
income to allocate or deem.
Sec. 15. Minnesota Statutes 1994, section 256D.435, is amended by adding a subdivision to read:
Subd. 4a. [EXCLUSIONS.] The income exclusions used to determine eligibility for Minnesota supplemental aid are those used to determine benefits for supplemental security income.
Sec. 16. Minnesota Statutes 1994, section 256D.435, subdivision 5, is amended to read:
Subd. 5. [GENERAL INCOME DISREGARD.] The county agency shall
disregard the first $20 of the assistance unit's unearned or
earned income from the assistance unit's gross earned
income.
Sec. 17. Minnesota Statutes 1994, section 256D.435, subdivision 6, is amended to read:
Subd. 6. [EARNED INCOME DISREGARDS.] From the assistance
unit's gross earned income, the county agency shall disregard $65
plus one-half of the remaining income. The earned income
disregards used to determine eligibility for Minnesota
supplemental aid are those used to determine benefits for
supplemental security income.
Sec. 18. Minnesota Statutes 1994, section 256D.44, subdivision 1, is amended to read:
Subdivision 1. [USE OF STANDARDS; INCREASES.] The state
standards of assistance for shelter, basic needs,
and plus special need items that establish
the total amount of maintenance need for an applicant for
or recipient of Minnesota supplemental aid, are used to
determine the assistance unit's eligibility for Minnesota
supplemental aid. The state standards of assistance for basic
needs must increase by an amount equal to the dollar value,
rounded up to the nearest dollar, of any cost of living increases
in the supplemental security income program.
Sec. 19. Minnesota Statutes 1994, section 256D.44, subdivision 2, is amended to read:
Subd. 2. [STANDARD OF ASSISTANCE FOR SHELTER PERSONS
ELIGIBLE FOR MEDICAL ASSISTANCE WAIVERS OR AT RISK OF PLACEMENT
IN A GROUP RESIDENTIAL HOUSING FACILITY.] The state
standard of assistance for shelter provides for the recipient's
shelter costs. The monthly state standard of assistance for
shelter must be determined according to paragraphs (a) to
(f).
(a) If an applicant or recipient does not reside with
another person or persons, the state standard of assistance is
the actual cost for shelter items or $124, whichever is
less.
(b) If an applicant married couple or recipient married
couple, who live together, does not reside with others, the state
standard of assistance is the actual cost for shelter items or
$186, whichever is less.
(c) If an applicant or recipient resides with another person
or persons, the state standard of assistance is the actual cost
for shelter items or $93, whichever is less.
(d) If an applicant married couple or recipient married
couple, who live together, resides with others, the state
standard of assistance is the actual cost for shelter items or
$124, whichever is less.
(e) Actual shelter costs for applicants or recipients, who
reside with others, are determined by dividing the total monthly
shelter costs by the number of persons who share the
residence.
(f) Married couples, living together and receiving MSA on
January 1, 1994, and whose eligibility has not been terminated
for a full calendar month, are exempt from the standards in
paragraphs (b) and (d). The state standard of assistance
for a person who is eligible for a medical assistance home and
community-based services waiver or a person who has been
determined by the local agency to meet the plan requirements for
placement in a group residential housing facility under section
256I.04, subdivision 1a, is the standard established in
subdivision 3, paragraph (a) or (b).
Sec. 20. Minnesota Statutes 1994, section 256D.44, subdivision 3, is amended to read:
Subd. 3. [STANDARD OF ASSISTANCE FOR BASIC NEEDS.] The
state standard of assistance for basic needs provides for the
applicant's or recipient's maintenance needs, other than actual
shelter costs. Except as provided in subdivision 4, the
monthly state standard of assistance for basic needs is as
follows:
(a) If an applicant or recipient does not reside with another
person or persons, the state standard of assistance is
$371 $519.
(b) If an applicant married couple or recipient married couple
who live together, does not reside with others, the state
standard of assistance is $557 $778.
(c) If an applicant or recipient resides with another person or
persons, the state standard of assistance is $286
$395.
(d) If an applicant married couple or recipient married couple
who live together, resides with others, the state standard of
assistance is $371 $519.
(e) Married couples, living together who do not reside with
others and were receiving MSA on prior
to January 1, 1994, and whose eligibility has not been
terminated a full calendar month, are exempt from the
standards in paragraphs (b) and (d) the state standard of
assistance is $793.
(f) Married couples living together who reside with others and were receiving MSA prior to January 1, 1994, and whose eligibility has not been terminated a full calendar month, the state standard of assistance is $682.
(g) For an individual who is a resident of a nursing home, a regional treatment center or a group residential housing facility, the state standard of assistance is the personal needs allowance for medical assistance recipients under section 256B.35.
Sec. 21. Minnesota Statutes 1994, section 256D.44, subdivision 4, is amended to read:
Subd. 4. [TEMPORARY ABSENCE DUE TO ILLNESS.] For the purposes
of this subdivision, "home" means a residence owned or rented by
a recipient or the recipient's spouse. Home does not include a
negotiated rate group residential housing facility.
Assistance payments for recipients who are temporarily absent
from their home due to hospitalization for illness must continue
at the same level of payment during their absence if the
following criteria are met:
(1) a physician certifies that the absence is not expected to continue for more than three months;
(2) a physician certifies that the recipient will be able to return to independent living; and
(3) the recipient has expenses associated with maintaining a residence in the community.
Sec. 22. Minnesota Statutes 1994, section 256D.44, subdivision 5, is amended to read:
Subd. 5. [SPECIAL NEEDS.] Notwithstanding In
addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following
special needs of recipients of Minnesota supplemental aid who
are not residents of a nursing home, a regional treatment center,
or a group residential housing facility:
(a) The county agency shall pay a monthly allowance for medically prescribed diets payable under the AFDC program if the cost of those additional dietary needs cannot be met through some other maintenance benefit.
(b) Payment for nonrecurring special needs must be allowed for necessary home repairs or necessary repairs or replacement of household furniture and appliances using the payment standard of the AFDC program for these expenses, as long as other funding sources are not available.
(c) A fee for guardian or conservator service is allowed at a reasonable rate negotiated by the county or approved by the court. This rate shall not exceed five percent of the assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian or conservator is a member of the county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly allowance of $68 for restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and who eats two or more meals in a restaurant daily. The allowance must continue until the person has not received Minnesota supplemental aid for one full calendar month or until the person's living arrangement changes and the person no longer meets the criteria for the restaurant meal allowance, whichever occurs first.
(e) A fee of ten percent of the recipients gross income or $25, whichever is less, is allowed for representative payee services provided by an agency that meets the requirements under SSI regulations to charge a fee for representative payee services. This special need is available to all recipients of Minnesota supplemental aid regardless of their living arrangement.
Sec. 23. Minnesota Statutes 1994, section 256D.44, subdivision 6, is amended to read:
Subd. 6. [COUNTY AGENCY STANDARDS OF ASSISTANCE.] The county
agency may establish standards of assistance for shelter,
basic needs, special needs, and clothing and personal
needs, and negotiated rates that exceed the corresponding
state standards of assistance. State aid is not available for
costs above state standards.
Sec. 24. Minnesota Statutes 1994, section 256D.45, subdivision 1, is amended to read:
Subdivision 1. [PROSPECTIVE BUDGETING.] A calendar
month is The payment period and budgeting cycle for
Minnesota supplemental aid. The monthly payment to a
recipient must be determined prospectively are those of
the supplemental security income program.
Sec. 25. Minnesota Statutes 1994, section 256D.46, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] Emergency Minnesota supplemental aid must be granted if the recipient is without adequate resources to resolve an emergency that, if unresolved, will threaten the health or safety of the recipient. For the purposes of this section, the term "recipient" includes persons for whom a group residential housing benefit is being paid under sections 256I.01 to 256I.06.
Sec. 26. Minnesota Statutes 1994, section 256D.46, subdivision 2, is amended to read:
Subd. 2. [INCOME AND RESOURCE TEST.] All income and resources
available to the recipient during the month in which the need
for emergency Minnesota supplemental aid arises must be
considered in determining the recipient's ability to meet the
emergency need. Property that can be liquidated in time to
resolve the emergency and income (excluding Minnesota
supplemental aid issued for current month's need) that is
normally disregarded or excluded under the Minnesota supplemental
aid program must be considered available to meet the emergency
need.
Sec. 27. Minnesota Statutes 1994, section 256D.48, subdivision 1, is amended to read:
Subdivision 1. [NEED FOR PROTECTIVE PAYEE.] The county agency
shall determine whether a recipient needs a protective payee when
a physical or mental condition renders the recipient unable to
manage funds and when payments to the recipient would be contrary
to the recipient's welfare. Protective payments must be issued
when there is evidence of: (1) repeated inability to plan the
use of income to meet necessary expenditures; (2) repeated
observation that the recipient is not properly fed or clothed;
(3) repeated failure to meet obligations for rent, utilities,
food, and other essentials; (4) evictions or a repeated
incurrence of debts; or (5) lost or stolen checks; or
(6) use of emergency Minnesota supplemental aid more than twice
in a calendar year. The determination of representative
payment by the Social Security Administration for the recipient
is sufficient reason for protective payment of Minnesota
supplemental aid payments.
Sec. 28. Minnesota Statutes 1994, section 256I.03, subdivision 5, is amended to read:
Subd. 5. [MSA EQUIVALENT RATE.] "MSA equivalent rate" means an amount equal to the total of:
(1) the combined maximum shelter and basic needs standards for MSA recipients living alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph (a); plus
(2) for persons who are not eligible to receive food stamps
due to living arrangement, the maximum allotment authorized
by the federal Food Stamp Program for a single individual which
is in effect on the first day of July each year; less
(3) the personal needs allowance authorized for medical assistance recipients under section 256B.35.
The MSA equivalent rate is to be adjusted on the first day of July each year to reflect changes in any of the component rates under clauses (1) to (3).
Sec. 29. Minnesota Statutes 1994, section 256I.03, is amended by adding a subdivision to read:
Subd. 7. [COUNTABLE INCOME.] "Countable income" means all income received by an applicant or recipient less any applicable exclusions or disregards. For a recipient of any cash benefit from the SSI program, countable income means the SSI benefit limit in effect at the time the person is in a GRH setting less $20, less the medical assistance personal needs allowance. If the SSI limit has been reduced for a person due to events occurring prior to the persons entering the GRH setting, countable income means actual income less any applicable exclusions and disregards.
Sec. 30. Minnesota Statutes 1994, section 256I.04, subdivision 2b, is amended to read:
Subd. 2b. [GROUP RESIDENTIAL HOUSING AGREEMENTS.] Agreements between county agencies and providers of group residential housing must be in writing and must specify the name and address under which the establishment subject to the agreement does business and under which the establishment, or service provider, if different from the group residential housing establishment, is licensed by the department of health or the department of human services; the specific license or registration from the department of health or the department of human services held by the provider and the number of beds subject to that license; the address of the location or locations at which group residential housing is provided under this agreement; the per diem and monthly rates that are to be paid from group residential housing funds for each eligible resident at each location; the number of beds at each location which are subject to the group residential housing agreement; whether the license holder is a not-for-profit corporation under section 501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections.
Sec. 31. Minnesota Statutes 1994, section 256I.04, subdivision 3, is amended to read:
Subd. 3. [MORATORIUM ON THE DEVELOPMENT OF GROUP RESIDENTIAL
HOUSING BEDS.] (a) County agencies shall not enter into
agreements for new group residential housing beds with total
rates in excess of the MSA equivalent rate except: (1) for
group residential housing establishments meeting the requirements
of subdivision 2a, clause (2) with department approval;
(2) for group residential housing establishments licensed under
Minnesota Rules, parts 9525.0215 to 9525.0355, provided the
facility is needed to meet the census reduction targets for
persons with mental retardation or related conditions at regional
treatment centers; (3) to ensure compliance with the federal
Omnibus Budget Reconciliation Act alternative disposition plan
requirements for inappropriately placed persons with mental
retardation or related conditions or mental illness; or
(4) up to 80 beds in a single, specialized facility located in
Hennepin county that will provide housing for chronic inebriates
who are repetitive users of detoxification centers and are
refused placement in emergency shelters because of their state of
intoxication. Planning for the specialized facility must have
been initiated before July 1, 1991, in anticipation of receiving
a grant from the housing finance agency under section 462A.05,
subdivision 20a, paragraph (b).; or (5) notwithstanding
the provisions of subdivision 2a, for up to 180 supportive
housing units in Anoka, Dakota, Hennepin, or Ramsey county for
homeless adults with a mental illness, a history of substance
abuse, or human immunodeficiency virus or acquired
immunodeficiency syndrome. For purposes of this section,
"homeless adult" means a person who is living on the street or in
a shelter or is evicted from a dwelling unit or discharged from a
regional treatment center, community hospital, or residential
treatment program and has no appropriate housing available and
lacks the resources and support necessary to access appropriate
housing. At least 70 percent of the supportive housing units
must serve homeless adults with mental illness, substance abuse
problems, or human immunodeficiency virus or acquired
immunodeficiency syndrome who are about to be discharged from a
regional treatment center, or a state-contracted psychiatric bed
in a community hospital, or a residential mental health or
chemical dependency treatment program. If a person meets the
requirements of subdivision 1, paragraph (a), the group
residential housing rate for that person is limited to the
supplementary rate under section 256I.05, subdivision 1a, and is
determined by subtracting the amount of the person's countable
income that exceeds the MSA equivalent rate from the group
residential housing supplementary rate. Service funding under
section 256I.05, subdivision 1a, must end June 30, 1997.
Effective July 1, 1997, services to persons in these settings
must be provided through a managed care entity. This provision
is subject to the availability of matching federal funds.
(b) A county agency may enter into a group residential housing agreement for beds with rates in excess of the MSA equivalent rate in addition to those currently covered under a group residential housing agreement if the additional beds are only a replacement of beds with rates in excess of the MSA equivalent rate which have been made available due to closure of a setting, a change of licensure or certification which removes the beds from group residential housing payment, or as a result of the downsizing of a group residential housing setting. The transfer of available beds from one county to another can only occur by the agreement of both counties.
(c) Group residential housing beds which become available as
a result of downsizing settings which have a license issued under
Minnesota Rules, parts 9520.0500 to 9520.0690, must be
permanently removed from the group residential housing census and
not replaced.
Sec. 32. Minnesota Statutes 1994, section 256I.05, subdivision 1, is amended to read:
Subdivision 1. [MAXIMUM RATES.] (a) Monthly room and
board rates negotiated by a county agency for a recipient living
in group residential housing must not exceed the MSA equivalent
rate specified under section 256I.03, subdivision 5, with the
exception that a county agency may negotiate a room and board
rate that exceeds the MSA equivalent rate by up to $426.37 for
recipients of waiver services under title XIX of the Social
Security Act. This exception is subject to the following
conditions:
(1) that the Secretary of Health and Human Services has not approved a state request to include room and board costs which exceed the MSA equivalent rate in an individual's set of waiver services under title XIX of the Social Security Act; or
(2) that the Secretary of Health and Human Services has
approved the inclusion of room and board costs which exceed the
MSA equivalent rate, but in an amount that is insufficient to
cover costs which are included in a group residential housing
agreement in effect on June 30, 1994,; and
(3) the amount of the rate that is above the MSA equivalent rate has been approved by the commissioner. The county agency may at any time negotiate a lower room and board rate than the rate that would otherwise be paid under this subdivision.
(b) The maximum monthly rate for an establishment that
enters into an initial group residential housing agreement with a
county agency on or after June 1, 1989, may not exceed 90 percent
of the maximum rate established under this subdivision. This is
effective until June 30, 1994.
Sec. 33. Minnesota Statutes 1994, section 256I.05, subdivision 1a, is amended to read:
Subd. 1a. [SUPPLEMENTARY RATES.] In addition to the room and
board rate specified in subdivision 1, the county agency may
negotiate a payment not to exceed $426.37 for other services
necessary to provide room and board provided by the group
residence if the residence is licensed by or registered by the
department of health, or licensed by the department of human
services to provide services in addition to room and board, and
if the recipient provider of services is not also
concurrently receiving funding for services for a
recipient under a home and community-based waiver under title
XIX of the Social Security Act or residing in a setting which
receives funding under Minnesota Rules, parts 9535.2000 to
9535.3000. If funding is available for other necessary
services through a home and community-based waiver, then the GRH
rate is limited to the rate set in subdivision 1. The
registration and licensure requirement does not apply to
establishments which are exempt from state licensure because they
are located on Indian reservations and for which the tribe has
prescribed health and safety requirements. Service payments
under this section may be prohibited under rules to prevent the
supplanting of federal funds with state funds. The commissioner
shall pursue the feasibility of obtaining the approval of the
Secretary of Health and Human Services to provide home and
community-based waiver services under title XIX of the Social
Security Act for residents who are not eligible for an existing
home and community-based waiver due to a primary diagnosis of
mental illness or chemical dependency and shall apply for a
waiver if it is determined to be cost-effective.
Sec. 34. Minnesota Statutes 1994, section 256I.05, subdivision 5, is amended to read:
Subd. 5. [ADULT FOSTER CARE RATES.] The commissioner shall
annually establish statewide maintenance and difficulty of care
rates limits for adults in foster care. The
commissioner shall adopt rules to implement statewide rates. In
adopting rules, the commissioner shall consider existing
maintenance and difficulty of care rates so that, to the extent
possible, an adult for whom a maintenance or difficulty of care
rate is established will not be adversely affected.
Sec. 35. Minnesota Statutes 1994, section 256I.06, subdivision 2, is amended to read:
Subd. 2. [TIME OF PAYMENT.] A county agency may make payments to a group residence in advance for an individual whose stay in the group residence is expected to last beyond the calendar month for which the payment is made and who does not expect to receive countable earned income during the month for which the payment is made. Group residential housing payments made by a county agency on behalf of an individual who is not expected to remain in the group residence beyond the month for which payment is made must be made subsequent to the individual's departure from the group residence. Group residential housing payments made by a county agency on behalf of an individual with countable earned income must be made subsequent to receipt of a monthly household report form.
Sec. 36. Minnesota Statutes 1994, section 256I.06, subdivision 6, is amended to read:
Subd. 6. [REPORTS.] Recipients must report changes in circumstances that affect eligibility or group residential housing payment amounts within ten days of the change. Recipients with countable earned income must complete a monthly household report form. If the report form is not received before the end of the month in which it is due, the county agency must terminate eligibility for group residential housing payments. The termination shall be effective on the first day of the month following the month in which the report was due. If a complete report is received within the month eligibility was terminated, the individual is considered to have continued an application for group residential housing payment effective the first day of the month the eligibility was terminated.
Sec. 37. Minnesota Statutes 1994, section 393.07, subdivision 10, is amended to read:
Subd. 10. [FEDERAL FOOD STAMP PROGRAM.] (a) The local social services agency shall establish and administer the food stamp program pursuant to rules of the commissioner of human services, the supervision of the commissioner as specified in section 256.01, and all federal laws and regulations. The commissioner of human services shall monitor food stamp program delivery on an ongoing basis to ensure that each county complies with federal laws and regulations. Program requirements to be monitored include, but are not limited to, number of applications, number of approvals, number of cases pending, length of time required to process each application and deliver benefits, number of applicants eligible for expedited issuance, length of time required to process and deliver expedited issuance, number of terminations and reasons for terminations, client profiles by age, household composition and income level and sources, and the use of phone certification and home visits. The commissioner shall determine the county-by-county and statewide participation rate.
(b) On July 1 of each year, the commissioner of human services shall determine a statewide and county-by-county food stamp program participation rate. The commissioner may designate a different agency to administer the food stamp program in a county if the agency administering the program fails to increase the food stamp program participation rate among families or eligible individuals, or comply with all federal laws and regulations governing the food stamp program. The commissioner shall review agency performance annually to determine compliance with this paragraph.
(c) A person who commits any of the following acts has violated section 256.98 or 609.821, or both, and is subject to both the criminal and civil penalties provided under those sections:
(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation, or intentional concealment of a material fact, food stamps to which the person is not entitled or in an amount greater than that to which that person is entitled; or
(2) presents or causes to be presented, coupons for payment or redemption knowing them to have been received, transferred or used in a manner contrary to existing state or federal law;
(3) willfully uses, possesses, or transfers food stamp coupons or authorization to purchase cards in any manner contrary to existing state or federal law, rules, or regulations; or
(4) buys or sells food stamp coupons, authorization to purchase cards or other assistance transaction devices for cash or consideration other than eligible food.
(d) A peace officer or welfare fraud investigator may confiscate food stamps, authorization to purchase cards, or other assistance transaction devices found in the possession of any person who is neither a recipient of the food stamp program nor otherwise authorized to possess and use such materials. Confiscated property shall be disposed of as the commissioner may direct and consistent with state and federal food stamp law. The confiscated property must be retained for a period of not less than 30 days to allow any affected person to appeal the confiscation under section 256.045.
(e) Food stamp overpayment claims which are due in whole or in part to client error shall be established by the county agency for a period of six years from the date of any resultant overpayment.
(f) With regard to the federal tax revenue offset program only, recovery incentives authorized by the federal food and consumer service shall be retained at the rate of 50 percent by the state agency and 50 percent by the certifying county agency.
Sec. 38. [RAMSEY COUNTY ELECTRONIC BENEFIT SERVICE.]
Notwithstanding the requirements for state contracts contained in Minnesota Statutes, chapter 16B, or Laws 1993, First Special Session chapter 1, article 1, section 2, subdivision 5, or any other law to the contrary, the commissioner, under terms and conditions approved by the attorney general, may accept assignment from Ramsey county of any existing contract, license agreement, or similar transactional document related to the Ramsey county electronic benefit system. The term of any contract, agreement, or other document assigned to the state, including the agreement arising from the Ramsey county electronic benefit services pilot project, may not extend beyond June 30, 1997, and the commissioner must publish a request for proposals for succeeding electronic benefits services, including services required for statewide expansion in the State Register before January 1, 1996.
Sec. 39. Laws 1993, First Special Session chapter 1, article 8, section 30, subdivision 2, is amended to read:
Subd. 2. Sections 1 to 3, 8, 9, 13 to 17, 22, 23, and 26 to
29 are effective July 1, 1994, contingent upon federal
recognition that group residential housing payments qualify as
optional state supplement payments to the supplemental security
income program under title XVI of the Social Security Act and
confer categorical eligibility for medical assistance under the
state plan for medical assistance. The amendments and
repeals by Laws 1993, First Special Session chapter 1, article 8,
sections 1 to 3, 8, 9, 13 to 17, 22, 23, 26, and 29, are
effective July 1, 1994.
Sec. 40. [REPEALER.]
Minnesota Statutes 1994, sections 256.851; 256D.35, subdivisions 14 and 19; 256D.36, subdivision 1a; 256D.37; 256D.425, subdivision 3; 256D.435, subdivisions 2, 7, 8, 9, and 10; and 256D.44, subdivision 7, are repealed.
Sec. 41. [EFFECTIVE DATES.]
Section 31 (256I.04, subdivision 3) is effective July 1, 1996.
Section 1. Minnesota Statutes 1994, section 144.0721, is amended by adding a subdivision to read:
Subd. 3. [LEVEL OF CARE CRITERIA; MODIFICATIONS.] The commissioner shall seek appropriate federal waivers to implement this subdivision. Notwithstanding any laws or rules to the contrary, effective July 1, 1996, Minnesota's level of care criteria for admission of any person to a nursing facility licensed under chapter 144A, or a boarding care home licensed under sections 144.50 to 144.56, are modified as follows:
(1) the resident reimbursement classifications and terminology established by rule under sections 256B.41 to 256B.48 are the basis for applying the level of care criteria changes;
(2) an applicant to a certified nursing facility or certified boarding care home who is dependent in one or two case mix activities of daily living, is classified as a case mix A, and is independent in orientation and self-preservation, is reclassified as a high function class A person and is not eligible for admission to Minnesota certified nursing facilities or certified boarding care homes;
(3) applicants in clause (2) who are eligible for assistance as determined under sections 256B.055 and 256B.056 or meet eligibility criteria for section 256B.0913 are eligible for a service allowance under section 256B.0913, subdivision 15, and are not eligible for services under sections 256B.0913, subdivisions 1 to 14, and 256B.0915. Applicants in clause (2) shall have the option of receiving personal care assistant and home health aide services under section 256B.0625, if otherwise eligible, or of receiving the service allowance option, but not both. Applicants in clause (2) shall have the option of residing in community settings under sections 256I.01 to 256I.06, if otherwise eligible, or receiving the services allowance option under section 256B.0913, subdivision 15, but not both;
(4) residents of a certified nursing facility or certified boarding care home who were admitted before July 1, 1996, or individuals receiving services under section 256B.0913, subdivisions 1 to 14, or 256B.0915, before July 1, 1996, are not subject to the new level of care criteria unless the resident is discharged home or to another service setting other than a certified nursing facility or certified boarding care home and applies for admission to a certified nursing facility or certified boarding care home after June 30, 1996;
(5) the local screening teams under section 256B.0911 shall make preliminary determinations concerning the existence of extraordinary circumstances and may authorize an admission for a short-term stay at a certified nursing facility or certified boarding care home in accordance with a treatment and discharge plan for up to 30 days per year; and
(6) an individual deemed ineligible for admission to Minnesota certified nursing facilities is entitled to an appeal under section 256.045.
If the commissioner determines upon appeal that an applicant in clause (2) presents extraordinary circumstances including but not limited to the absence or inaccessibility of suitable alternatives, contravening family circumstances, and protective service issues, the applicant may be eligible for admission to Minnesota certified nursing facilities or certified boarding care homes.
Sec. 2. Minnesota Statutes 1994, section 144.0721, is amended by adding a subdivision to read:
Subd. 3a. [EXCEPTION.] Subdivision 3 does not apply to a facility whose rates are subject to section 256I.05, subdivision 2.
Sec. 3. Minnesota Statutes 1994, section 144.702, subdivision 2, is amended to read:
Subd. 2. [APPROVAL OF ORGANIZATION'S REPORTING PROCEDURES.] The commissioner of health may approve voluntary reporting procedures consistent with written operating requirements for the voluntary, nonprofit reporting organization which shall be established annually by the commissioner. These written operating requirements shall specify reports, analyses, and other deliverables to be produced by the voluntary, nonprofit reporting organization, and the dates on which those deliverables must be submitted to the commissioner. These written operating requirements shall specify deliverable dates sufficient to enable the commissioner of health to process and report health care cost information system data to the commissioner of human services by August 15 of each year. The commissioner of health shall, by rule, prescribe standards for submission of data by hospitals and outpatient surgical centers to the voluntary, nonprofit reporting organization or to the commissioner. These standards shall provide for:
(a) The filing of appropriate financial information with the reporting organization;
(b) Adequate analysis and verification of that financial information; and
(c) Timely publication of the costs, revenues, and rates of individual hospitals and outpatient surgical centers prior to the effective date of any proposed rate increase. The commissioner of health shall annually review the procedures approved pursuant to this subdivision.
Sec. 4. Minnesota Statutes 1994, section 252.27, subdivision 1, is amended to read:
Subdivision 1. [COUNTY OF FINANCIAL RESPONSIBILITY.] Whenever any child who has mental retardation or a related condition, or a physical disability or emotional disturbance is in 24-hour care outside the home including respite care, in a facility licensed by the commissioner of human services, the cost of services shall be paid by the county of financial responsibility determined pursuant to chapter 256G. If the child's parents or guardians do not reside in this state, the cost shall be paid by the responsible governmental agency in the state from which the child came, by the parents or guardians of the child if they are financially able, or, if no other payment source is available, by the commissioner of human services.
Sec. 5. Minnesota Statutes 1994, section 252.27, subdivision 1a, is amended to read:
Subd. 1a. [DEFINITIONS.] A person has a "related
condition" if that person has is a condition
that is found to be closely related to mental retardation,
including, but not limited to, cerebral palsy, epilepsy, autism,
and Prader-Willi syndrome and that meets all of the following
criteria: (a) is severe, and chronic
disability that meets all of the following conditions: (a) is
attributable to cerebral palsy, epilepsy, autism, Prader-Willi
syndrome, or any other condition, other than mental illness as
defined under section 245.462, subdivision 20, or an emotional
disturbance, as defined under section 245.4871, subdivision 15,
found to be closely related to mental retardation because the
condition; (b) results in impairment of general
intellectual functioning or adaptive behavior similar to that of
persons with mental retardation and; (c) requires
treatment or services similar to those required for persons with
mental retardation; (b) (d) is manifested before
the person reaches 22 years of age; (c) (e) is
likely to continue indefinitely; and (d) (f)
results in substantial functional limitations in three or more of
the following areas of major life activity: (1) self-care, (2)
understanding and use of language, (3) learning, (4) mobility,
(5) self-direction, (6) capacity for independent living; and
(g) is not attributable to mental illness as defined in section
245.462, subdivision 20, or an emotional disturbance as defined
in section 245.4871, subdivision 15. For purposes of clause (g),
notwithstanding section 245.462, subdivision 20, or 245.4871,
subdivision 15, "mental illness" does not include autism or other
pervasive developmental disorders.
Sec. 6. Minnesota Statutes 1994, section 252.27, subdivision 2a, is amended to read:
Subd. 2a. [CONTRIBUTION AMOUNT.] (a) The natural or adoptive parents of a minor child, including a child determined eligible for medical assistance without consideration of parental income, must contribute monthly to the cost of services, unless the child is married or has been married, parental rights have been terminated, or the child's adoption is subsidized according to section 259.67 or through title IV-E of the Social Security Act.
(b) The parental contribution shall be the greater of a
minimum monthly fee of $25 for households with adjusted gross
income of $30,000 and over, or an amount to be computed by
applying to the adjusted gross income of the natural or adoptive
parents that exceeds 200 150 percent of the federal
poverty guidelines for the applicable household size, the
following schedule of rates:
(1) on the amount of adjusted gross income over 200
150 percent of poverty, but not over $50,000, ten
percent;
(2) on the amount of adjusted gross income over 200
150 percent of poverty and over $50,000 but not over
$60,000, 12 percent;
(3) on the amount of adjusted gross income over 200
150 percent of poverty, and over $60,000 but not over
$75,000, 14 percent; and
(4) on all adjusted gross income amounts over 200
150 percent of poverty, and over $75,000, 15 percent.
If the child lives with the parent, the parental contribution is reduced by $200, except that the parent must pay the minimum monthly $25 fee under this paragraph. If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section. The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid.
(c) The household size to be used in determining the amount of contribution under paragraph (b) includes natural and adoptive parents and their dependents under age 21, including the child receiving services. Adjustments in the contribution amount due to annual changes in the federal poverty guidelines shall be implemented on the first day of July following publication of the changes.
(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form.
(e) The contribution shall be explained in writing to the parents at the time eligibility for services is being determined. The contribution shall be made on a monthly basis effective with the first month in which the child receives services. Annually upon redetermination or at termination of eligibility, if the contribution exceeded the cost of services provided, the local agency or the state shall reimburse that excess amount to the parents, either by direct reimbursement if the parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees until the excess amount is exhausted.
(f) The monthly contribution amount must be reviewed at least every 12 months; when there is a change in household size; and when there is a loss of or gain in income from one month to another in excess of ten percent. The local agency shall mail a written notice 30 days in advance of the effective date of a change in the contribution amount. A decrease in the contribution amount is effective in the month that the parent verifies a reduction in income or change in household size.
(g) Parents of a minor child who do not live with each other shall each pay the contribution required under paragraph (a), except that a court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the contribution of the parent making the payment.
(h) The contribution under paragraph (b) shall be increased by an additional five percent if the local agency determines that insurance coverage is available but not obtained for the child. For purposes of this section, "available" means the insurance is a benefit of employment for a family member at an annual cost of no more than five percent of the family's annual income. For purposes of this section, insurance means health and accident insurance coverage, enrollment in a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred provider organization.
Parents who have more than one child receiving services shall not be required to pay more than the amount for the child with the highest expenditures. There shall be no resource contribution from the parents. The parent shall not be required to pay a contribution in excess of the cost of the services provided to the child, not counting payments made to school districts for education-related services. Notice of an increase in fee payment must be given at least 30 days before the increased fee is due.
Sec. 7. Minnesota Statutes 1994, section 252.27, is amended by adding a subdivision to read:
Subd. 5. [DETERMINATION; REDETERMINATION; NOTICE.] A determination order and notice of parental fee shall be mailed to the parent at least annually, or more frequently as provided in Minnesota Rules, parts 9550.6220 to 9550.6229. The determination order and notice shall contain the following information: (1) the amount the parent is required to contribute; (2) notice of the right to a redetermination and appeal; and (3) the telephone number of the division at the department of human services that is responsible for redeterminations.
Sec. 8. Minnesota Statutes 1994, section 252.27, is amended by adding a subdivision to read:
Subd. 6. [APPEALS.] A parent may appeal the determination or redetermination of an obligation to make a contribution under this section, according to section 256.045. The parent must make a request for a hearing in writing within 30 days of the date the determination or redetermination order is mailed, or within 90 days of such written notice if the parent shows good cause why the request was not submitted within the 30-day time limit. The commissioner must provide the parent with a written notice that acknowledges receipt of the request and notifies the parent of the date of the hearing. While the appeal is pending, the parent has the rights regarding making payment that are provided in Minnesota Rules, part 9550.6235. If the commissioner's determination or redetermination is affirmed, the parent shall, within 90 calendar days after the date an order is issued under section 256.045, subdivision 5, pay the total amount due from the effective date of the notice of determination or redetermination that was appealed by the parent. If the commissioner's order under this subdivision results in a decrease in the parental fee amount, any payments made by the parent that result in an overpayment shall be credited to the parent as provided in Minnesota Rules, part 9550.6235, subpart 3.
Sec. 9. Minnesota Statutes 1994, section 256.015, subdivision 1, is amended to read:
Subdivision 1. [STATE AGENCY HAS LIEN.] When the state agency provides, pays for, or becomes liable for medical care or furnishes subsistence or other payments to a person, the agency has a lien for the cost of the care and payments on all causes of action that accrue to the person to whom the care or payments were furnished, or to the person's legal representatives, as a result of the occurrence that necessitated the medical care, subsistence, or other payments. For purposes of this section, "state agency" includes authorized agents of the state agency.
Sec. 10. Minnesota Statutes 1994, section 256.015, subdivision 2, is amended to read:
Subd. 2. [PERFECTION; ENFORCEMENT.] The state agency may perfect and enforce its lien under sections 514.69, 514.70, and 514.71, and must file the verified lien statement with the appropriate court administrator in the county of financial responsibility. The verified lien statement must contain the following: the name and address of the person to whom medical care, subsistence, or other payment was furnished; the date of injury; the name and address of vendors furnishing medical care; the dates of the service or payment; the amount claimed to be due for the care or payment; and to the best of the state agency's knowledge, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries.
This section does not affect the priority of any attorney's lien. The state agency is not subject to any limitations period referred to in section 514.69 or 514.71 and has one year from the date notice is first received by it under subdivision 4, paragraph (c), even if the notice is untimely, or one year from the date medical bills are first paid by the state agency, whichever is later, to file its verified lien statement. The state agency may commence an action to enforce the lien within one year of (1) the date the notice required by subdivision 4, paragraph (c), is received, or (2) the date the person's cause of action is concluded by judgment, award, settlement, or otherwise, whichever is later.
Sec. 11. Minnesota Statutes 1994, section 256.015, subdivision 7, is amended to read:
Subd. 7. [COOPERATION REQUIRED.] Upon the request of the
department of human services, any state agency or third party
payer shall cooperate with the department in furnishing
information to help establish a third party liability. Upon
the request of the department of human services or county child
support or human service agencies, any employer or third party
payer shall cooperate in furnishing information about group
health insurance plans or medical benefit plans available to its
employees. The department of human services and county
agencies shall limit its use of information gained from
agencies and, third party payers, and
employers to purposes directly connected with the
administration of its public assistance and child support
programs. The provision of information by agencies
and, third party payers, and employers to
the department under this subdivision is not a violation of any
right of confidentiality or data privacy.
Sec. 12. Minnesota Statutes 1994, section 256.9353, subdivision 8, is amended to read:
Subd. 8. [LIEN.] When the state agency provides, pays for, or becomes liable for covered health services, the agency shall have a lien for the cost of the covered health services upon any and all causes of action accruing to the enrollee, or to the enrollee's legal representatives, as a result of the occurrence that necessitated the payment for the covered health services. All liens under this section shall be subject to the provisions of section 256.015. For purposes of this subdivision, "state agency" includes authorized agents of the state agency.
Sec. 13. Minnesota Statutes 1994, section 256.9365, is amended to read:
256.9365 [PURCHASE OF CONTINUATION COVERAGE FOR AIDS PATIENTS.]
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of
human services shall establish a program to pay private health
plan premiums for persons who have contracted human
immunodeficiency virus (HIV) to enable them to continue coverage
under a group or individual health plan. If a person is
determined to be eligible under subdivision 2, the commissioner
shall: (1) pay the eligible person's group plan premium for
the period of continuation coverage provided in the Consolidated
Omnibus Budget Reconciliation Act of 1985; or (2) pay the
eligible person's individual plan premium for 24 months
pay the portion of the group plan premium for which the
individual is responsible, if the individual is responsible for
at least 50 percent of the cost of the premium, or pay the
individual plan premium. The commissioner shall not pay for that
portion of a premium that is attributable to other family members
or dependents.
Subd. 2. [ELIGIBILITY REQUIREMENTS.] To be eligible for the program, an applicant must satisfy the following requirements:
(1) the applicant must provide a physician's statement verifying that the applicant is infected with HIV and is, or within three months is likely to become, too ill to work in the applicant's current employment because of HIV-related disease;
(2) the applicant's monthly gross family income must not exceed 300 percent of the federal poverty guidelines, after deducting medical expenses and insurance premiums;
(3) the applicant must not own assets with a combined value of more than $25,000; and
(4) if applying for payment of group plan premiums, the
applicant must be covered by an employer's or former employer's
group insurance plan and be eligible to purchase continuation
coverage; and
(5) if applying for payment of individual plan premiums, the
applicant must be covered by an individual health plan whose
coverage and premium costs satisfy additional requirements
established by the commissioner in rule.
Subd. 3. [RULES COST-EFFECTIVE COVERAGE.] The
commissioner shall establish rules as necessary to implement the
program. Special Requirements for the payment of individual
plan premiums under subdivision 2, clause (5), must be designed
to ensure that the state cost of paying an individual plan
premium over a two-year period does not exceed the
estimated state cost that would otherwise be incurred in the
medical assistance or general assistance medical care program.
The commissioner shall purchase the most cost-effective
coverage available for eligible individuals.
Sec. 14. Minnesota Statutes 1994, section 256.9657, subdivision 3, is amended to read:
Subd. 3. [HEALTH MAINTENANCE ORGANIZATION; INTEGRATED SERVICE NETWORK SURCHARGE.] (a) Effective October 1, 1992, each health maintenance organization with a certificate of authority issued by the commissioner of health under chapter 62D and each integrated service network and community integrated service network licensed by the commissioner under chapter 62N shall pay to the commissioner of human services a surcharge equal to six-tenths of one percent of the total premium revenues of the health maintenance organization, integrated service network, or community integrated service network as reported to the commissioner of health according to the schedule in subdivision 4.
(b) For purposes of this subdivision, total premium revenue means:
(1) premium revenue recognized on a prepaid basis from individuals and groups for provision of a specified range of health services over a defined period of time which is normally one month, excluding premiums paid to a health maintenance organization, integrated service network, or community integrated service network from the Federal Employees Health Benefit Program;
(2) premiums from Medicare wrap-around subscribers for health benefits which supplement Medicare coverage;
(3) Medicare revenue, as a result of an arrangement between a health maintenance organization, an integrated service network, or a community integrated service network and the health care financing administration of the federal Department of Health and Human Services, for services to a Medicare beneficiary; and
(4) medical assistance revenue, as a result of an arrangement between a health maintenance organization, integrated service network, or community integrated service network and a Medicaid state agency, for services to a medical assistance beneficiary.
If advance payments are made under clause (1) or (2) to the health maintenance organization, integrated service network, or community integrated service network for more than one reporting period, the portion of the payment that has not yet been earned must be treated as a liability.
(c) When a health maintenance organization or an integrated service network or community integrated service network merges or consolidates with or is acquired by another health maintenance organization, integrated service network, or community integrated service network, the surviving corporation or the new corporation shall be responsible for the annual surcharge originally imposed on each of the entities or corporations subject to the merger, consolidation, or acquisition, regardless of whether one of the entities or corporations does not retain a certificate of authority under chapter 62D or a license under chapter 62N.
(d) Effective July 1 of each year, the surviving corporation's or the new corporation's surcharge shall be based on the revenues earned in the second previous calendar year by all of the entities or corporations subject to the merger, consolidation, or acquisition regardless of whether one of the entities or corporations does not retain a certificate of authority under chapter 62D or a license under chapter 62N until the total premium revenues of the surviving corporation include the total premium revenues of all the merged entities as reported to the commissioner of health.
(e) When a health maintenance organization, integrated service network, or community integrated service network, which is subject to liability for the surcharge under this chapter, transfers, assigns, sells, leases, or disposes of all or substantially all of its property or assets, liability for the surcharge imposed by this chapter is imposed on the transferee, assignee, or buyer of the health maintenance organization, integrated service network, or community integrated service network.
(f) In the event a health maintenance organization, integrated service network, or community integrated service network converts its licensure to a different type of entity subject to liability for the surcharge under this chapter, but survives in the same or substantially similar form, the surviving entity remains liable for the surcharge regardless of whether one of the entities or corporations does not retain a certificate of authority under chapter 62D or a license under chapter 62N.
(g) The surcharge assessed to a health maintenance organization, integrated service network, or community integrated service network ends when the entity ceases providing services for premiums and the cessation is not connected with a merger, consolidation, acquisition, or conversion.
Sec. 15. Minnesota Statutes 1994, section 256.9657, subdivision 4, is amended to read:
Subd. 4. [PAYMENTS INTO THE ACCOUNT.] (a) Payments to the commissioner under subdivisions 1 to 3 must be paid in monthly installments due on the 15th of the month beginning October 15, 1992. The monthly payment must be equal to the annual surcharge divided by 12. Payments to the commissioner under subdivisions 2 and 3 for fiscal year 1993 must be based on calendar year 1990 revenues. Effective July 1 of each year, beginning in 1993, payments under subdivisions 2 and 3 must be based on revenues earned in the second previous calendar year.
(b) Effective October 1, 1995, and each October 1 thereafter, the payments in subdivisions 2 and 3 must be based on revenues earned in the previous calendar year.
(c) If the commissioner of health does not provide by August 15 of any year data needed to update the base year for the hospital and health maintenance organization surcharges, the commissioner of human services may estimate base year revenue and use that estimate for the purposes of this section until actual data is provided by the commissioner of health.
Sec. 16. Minnesota Statutes 1994, section 256.9685, subdivision 1b, is amended to read:
Subd. 1b. [APPEAL OF RECONSIDERATION.] Notwithstanding section
256B.72, the commissioner may recover inpatient hospital payments
for services that have been determined to be medically
unnecessary after the reconsideration and determinations. A
physician or hospital may appeal the result of the
reconsideration process by submitting a written request for
review to the commissioner within 30 days after receiving notice
of the action. The commissioner shall review the medical record
and information submitted during the reconsideration process and
the medical review agent's basis for the determination that the
services were not medically necessary for inpatient hospital
services. The commissioner shall issue an order upholding or
reversing the decision of the reconsideration process based on
the review. A hospital or physician who is aggrieved by an
order of the commissioner may appeal the order to the district
court of the county in which the physician or hospital is located
by serving a written copy of the notice of appeal upon the
commissioner within 30 days after the date the commissioner
issued the order.
Sec. 17. Minnesota Statutes 1994, section 256.9685, is amended by adding a subdivision to read:
Subd. 1c. [JUDICIAL REVIEW.] A hospital or physician aggrieved by an order of the commissioner under subdivision 1b may appeal the order to the district court of the county in which the physician or hospital is located by:
(1) serving a written copy of a notice of appeal upon the commissioner within 30 days after the date the commissioner issued the order; and
(2) filing the original notice of appeal and proof of service with the court administrator of the district court. The appeal shall be treated as a dispositive motion under the Minnesota General Rules of Practice, rule 115. The district court scope of review shall be as set forth in section 14.69.
Sec. 18. Minnesota Statutes 1994, section 256.9685, is amended by adding a subdivision to read:
Subd. 1d. [TRANSMITTAL OF RECORD.] Within 30 days after being served with the notice of appeal, the commissioner shall transmit to the district court the original or certified copy of the entire record considered by the commissioner in making the final agency decision. The district court shall not consider evidence that was not included in the record before the commissioner.
Sec. 19. Minnesota Statutes 1994, section 256.969, subdivision 1, is amended to read:
Subdivision 1. [HOSPITAL COST INDEX.] (a) The hospital cost
index shall be obtained from an independent source and shall
represent a weighted average of historical, as limited to
statutory maximums, and projected cost change estimates
determined for expense categories to include wages and salaries,
employee benefits, medical and professional fees, raw food,
utilities, insurance including malpractice insurance, and other
applicable expenses as determined by the commissioner. The index
shall reflect Minnesota cost category weights. Individual
indices shall be specific to Minnesota if the commissioner
determines that sufficient accuracy of the hospital cost index is
achieved. the change in the Consumer Price Index-All Items
(United States city average) (CPI-U) forecasted by Data
Resources, Inc. The commissioner shall use the indices as
forecasted in the third quarter of the calendar year prior to the
rate year. The hospital cost index may be used to adjust the
base year operating payment rate through the rate year on an
annually compounded basis. Notwithstanding section 256.9695,
subdivision 3, paragraph (c), the hospital cost index shall not
be effective under the general assistance medical care program
and shall be limited to five percent under the medical assistance
program for admissions occurring during the biennium ending June
30, 1995.
(b) For fiscal years beginning on or after July 1, 1993, the commissioner of human services shall not provide automatic annual inflation adjustments for hospital payment rates under medical assistance, nor under general assistance medical care, except that the inflation adjustments under paragraph (a) for medical assistance, excluding general assistance medical care, shall apply for the biennium ending June 30, 1997. The commissioner of finance shall include as a budget change request in each biennial detailed expenditure budget submitted to the legislature under section 16A.11 annual adjustments in hospital payment rates under medical assistance and general assistance medical care, based upon the hospital cost index.
Sec. 20. Minnesota Statutes 1994, section 256.969, subdivision 2b, is amended to read:
Subd. 2b. [OPERATING PAYMENT RATES.] In determining operating payment rates for admissions occurring on or after the rate year beginning January 1, 1991, and every two years after, or more frequently as determined by the commissioner, the commissioner shall obtain operating data from an updated base year and establish operating payment rates per admission for each hospital based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year. Rates under the general assistance medical care program shall not be rebased to more current data on January 1, 1997. The base year operating payment rate per admission is standardized by the case mix index and adjusted by the hospital cost index, relative values, and disproportionate population adjustment. The cost and charge data used to establish operating rates shall only reflect inpatient services covered by medical assistance and shall not include property cost information and costs recognized in outlier payments.
Sec. 21. Minnesota Statutes 1994, section 256.969, is amended by adding a subdivision to read:
Subd. 8a. [UNUSUAL SHORT LENGTH OF STAY.] Except as provided in subdivision 13, for admissions occurring on or after July 1, 1995, payment shall be determined as follows and shall be included in the base year for rate setting purposes.
(1) For an admission that is categorized to a neonatal diagnostic related group in which the length of stay is less than 50 percent of the average length of stay for the category in the base year and the patient at admission is equal to or greater than the age of one, payments shall be established according to the methods of subdivision 14.
(2) For an admission that is categorized to a diagnostic category that includes neonatal respiratory distress syndrome, the hospital must have a level II or level III nursery and the patient must receive treatment in that unit or payment will be made without regard to the syndrome condition.
Sec. 22. Minnesota Statutes 1994, section 256.969, subdivision 9, is amended to read:
Subd. 9. [DISPROPORTIONATE NUMBERS OF LOW-INCOME PATIENTS SERVED.] (a) For admissions occurring on or after October 1, 1992, through December 31, 1992, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service; and
(2) for a hospital with a medical assistance inpatient utilization rate above one standard deviation above the mean, the adjustment must be determined by multiplying the adjustment that would be determined under clause (1) for that hospital by 1.1. If federal matching funds are not available for all adjustments under this subdivision, the commissioner shall reduce payments on a pro rata basis so that all adjustments qualify for federal match. The commissioner may establish a separate disproportionate population operating payment rate adjustment under the general assistance medical care program. For purposes of this subdivision medical assistance does not include general assistance medical care. The commissioner shall report annually on the number of hospitals likely to receive the adjustment authorized by this paragraph. The commissioner shall specifically report on the adjustments received by public hospitals and public hospital corporations located in cities of the first class.
(b) For admissions occurring on or after July 1, 1993, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service;
(2) for a hospital with a medical assistance inpatient utilization rate above one standard deviation above the mean, the adjustment must be determined by multiplying the adjustment that would be determined under clause (1) for that hospital by 1.1. The commissioner may establish a separate disproportionate population operating payment rate adjustment under the general assistance medical care program. For purposes of this subdivision, medical assistance does not include general assistance medical care. The commissioner shall report annually on the number of hospitals likely to receive the adjustment authorized by this paragraph. The commissioner shall specifically report on the adjustments received by public hospitals and public hospital corporations located in cities of the first class; and
(3) for a hospital that (i) had medical assistance
fee-for-service payment volume during calendar year 1991 in
excess of 13 percent of total medical assistance fee-for-service
payment volume; or (ii), a medical assistance
disproportionate population adjustment shall be paid in addition
to any other disproportionate payment due under this subdivision
as follows: $1,515,000 due on the 15th of each month after noon,
beginning July 15, 1995. For a hospital that had medical
assistance fee-for-service payment volume during calendar year
1991 in excess of eight percent of total medical assistance
fee-for-service payment volume and is affiliated with the
University of Minnesota, a medical assistance disproportionate
population adjustment shall be paid in addition to any other
disproportionate payment due under this subdivision as follows:
$1,010,000 $505,000 due on the 15th of each month
after noon, beginning July 15, 1993 1995.
(c) The commissioner shall adjust rates paid to a health maintenance organization under contract with the commissioner to reflect rate increases provided in paragraph (b), clauses (1) and (2), on a nondiscounted hospital-specific basis but shall not adjust those rates to reflect payments provided in clause (3).
(d) If federal matching funds are not available for all adjustments under paragraph (b), the commissioner shall reduce payments under paragraph (b), clauses (1) and (2), on a pro rata basis so that all adjustments under paragraph (b) qualify for federal match.
(e) For purposes of this subdivision, medical assistance does not include general assistance medical care.
Sec. 23. Minnesota Statutes 1994, section 256.969, subdivision 10, is amended to read:
Subd. 10. [SEPARATE BILLING BY CERTIFIED REGISTERED NURSE
ANESTHETISTS.] Hospitals may exclude certified registered nurse
anesthetist costs from the operating payment rate as allowed by
section 256B.0625, subdivision 11. To be eligible, a hospital
must notify the commissioner in writing by October 1 of the year
preceding the rate year of the request to exclude certified
registered nurse anesthetist costs. The hospital must agree that
all hospital claims for the cost and charges of certified
registered nurse anesthetist services will not be included as
part of the rates for inpatient services provided during the rate
year. In this case, the operating payment rate shall be adjusted
to exclude the cost of certified registered nurse anesthetist
services. Payments made through separate claims for certified
registered nurse anesthetist services shall not be paid directly
through the hospital provider number or indirectly by the
certified registered nurse anesthetist to the hospital or related
organizations.
For admissions occurring on or after July 1, 1991, and until the expiration date of section 256.9695, subdivision 3, services of certified registered nurse anesthetists provided on an inpatient basis may be paid as allowed by section 256B.0625, subdivision 11, when the hospital's base year did not include the cost of these services. To be eligible, a hospital must notify the commissioner in writing by July 1, 1991, of the request and must comply with all other requirements of this subdivision.
Sec. 24. Minnesota Statutes 1994, section 256.969, subdivision 16, is amended to read:
Subd. 16. [INDIAN HEALTH SERVICE FACILITIES.] Indian health
service facilities are exempt from the rate establishment methods
required by this section and shall be reimbursed at charges as
limited to the amount allowed under federal law. This
exemption is not effective for payments under general assistance
medical care.
Sec. 25. Minnesota Statutes 1994, section 256.969, is amended by adding a subdivision to read:
Subd. 25. [LONG-TERM HOSPITAL RATES.] For admissions occurring on or after April 1, 1995, a long-term hospital as designated by Medicare that does not have admissions in the base year shall have inpatient rates established at the average of other hospitals with the same designation. For subsequent rate-setting periods in which base years are updated, the hospital's base year shall be the first Medicare cost report filed with the long-term hospital designation and shall remain in effect until it falls within the same period as other hospitals.
Sec. 26. Minnesota Statutes 1994, section 256B.042, subdivision 2, is amended to read:
Subd. 2. [LIEN ENFORCEMENT.] The state agency may perfect and enforce its lien by following the procedures set forth in sections 514.69, 514.70 and 514.71, and its verified lien statement shall be filed with the appropriate court administrator in the county of financial responsibility. The verified lien statement shall contain the following: the name and address of the person to whom medical care was furnished, the date of injury, the name and address of the vendor or vendors furnishing medical care, the dates of the service, the amount claimed to be due for the care, and, to the best of the state agency's knowledge, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries. This section shall not affect the priority of any attorney's lien. The state agency is not subject to any limitations period referred to in section 514.69 or 514.71 and has one year from the date notice is first received by it under subdivision 4, paragraph (c), even if the notice is untimely, or one year from the date medical bills are first paid by the state agency, whichever is later, to file its verified lien statement. The state agency may commence an action to enforce the lien within one year of (1) the date the notice required by subdivision 4, paragraph (c), is received or (2) the date the recipient's cause of action is concluded by judgment, award, settlement, or otherwise, whichever is later. For purposes of this section, "state agency" includes authorized agents of the state agency.
Sec. 27. Minnesota Statutes 1994, section 256B.055, subdivision 12, is amended to read:
Subd. 12. [DISABLED CHILDREN.] (a) A person is eligible for
medical assistance if the person is under age 19 and qualifies as
a disabled individual under United States Code, title 42, section
1382c(a), and would be eligible for medical assistance under the
state plan if residing in a medical institution, and who
the child requires a level of care provided in a hospital,
skilled nursing facility, intermediate care
facility, or intermediate care facility for persons with
mental retardation or related conditions, for whom home care is
appropriate, provided that the cost to medical assistance for
home care services under this section is not more than
the amount that medical assistance would pay for appropriate
institutional care if the child resides in an institution.
Eligibility under this section must be determined
annually.
(b) For purposes of this subdivision, "hospital" means an
acute care institution as defined in section 144.696,
subdivision 3, 144.55, subdivision 3, or Minnesota Rules, part
4640.3600, and licensed pursuant to sections 144.50 to
144.58, which is appropriate if a person is technology
dependent or has a chronic health condition which requires
frequent intervention by a health care professional to avoid
death. For purposes of this subdivision, a child requires
a level of care provided in a hospital if the child is determined
by the commissioner to need an extensive array of health
services, including mental health services, for an undetermined
period of time, whose health condition requires frequent
monitoring and treatment by a health care professional or by a
person supervised by a health care professional, who would reside
in a hospital or require frequent hospitalization if these
services were not provided, and the daily care needs are more
complex than a nursing facility level of care.
A child with serious emotional disturbance requires a level of care provided in a hospital if the commissioner determines that the individual requires 24-hour supervision because the person exhibits recurrent or frequent suicidal or homicidal ideation or behavior, recurrent or frequent psychosomatic disorders or somatopsychic disorders that may become life threatening, recurrent or frequent severe socially unacceptable behavior associated with psychiatric disorder, ongoing and chronic psychosis or severe, ongoing and chronic developmental problems requiring continuous skilled observation, or severe disabling symptoms for which office-centered outpatient treatment is not adequate, and which overall severely impact the individual's ability to function.
(c) For purposes of this subdivision, "skilled nursing
facility" and "intermediate care facility" means a
facility which provides nursing care as defined in section
144A.01, subdivision 5, licensed pursuant to sections 144A.02 to
144A.10, which is appropriate if a person is in active
restorative treatment; is in need of special treatments provided
or supervised by a licensed nurse; or has unpredictable episodes
of active disease processes requiring immediate judgment by a
licensed nurse. For purposes of this subdivision, a child
requires the level of care provided in a nursing facility if the
child is determined by the commissioner to meet the requirements
of the preadmission screening assessment document under section
256B.0911 and the home care independent rating document under
section 256B.0627, subdivision 5, paragraph (f), item (iii),
adjusted to address age-appropriate standards for children age 18
and under, pursuant to section 256B.0627, subdivision 5,
paragraph (d), clause (2).
(d) For purposes of this subdivision, "intermediate care
facility for the mentally retarded persons with mental
retardation or related conditions" or "ICF/MR" means a
program licensed to provide services to persons with mental
retardation under section 252.28, and chapter 245A, and a
physical plant licensed as a supervised living facility under
chapter 144, which together are certified by the Minnesota
department of health as meeting the standards in Code of Federal
Regulations, title 42, part 483, for an intermediate care
facility which provides services for persons with
mental retardation or persons with related conditions who require 24-hour supervision and active treatment for medical, behavioral, or habilitation needs. For purposes of this subdivision, a child requires a level of care provided in an ICF/MR if the commissioner finds that the child has mental retardation or a related condition in accordance with section 256B.092, is in need of a 24-hour plan of care and active treatment similar to persons with mental retardation, and there is a reasonable indication that the child will need ICF/MR services.
(e) For purposes of this subdivision, a person "requires a
level of care provided in a hospital, skilled nursing facility,
intermediate care facility, or intermediate care facility for
persons with mental retardation or related conditions" if the
person requires 24-hour supervision because the person exhibits
suicidal or homicidal ideation or behavior, psychosomatic
disorders or somatopsychic disorders that may become life
threatening, severe socially unacceptable behavior associated
with psychiatric disorder, psychosis or severe developmental
problems requiring continuous skilled observation, or disabling
symptoms that do not respond to office-centered outpatient
treatment. The determination of the level of care needed by
the child shall be made by the commissioner based on information
supplied to the commissioner by the case manager if the child
has one, the parent or guardian, the child's physician or
physicians or, if available, the screening information
obtained under section 256B.092, and other professionals
as requested by the commissioner. The commissioner shall
establish a screening team to conduct the level of care
determinations according to this subdivision.
(f) If a child meets the conditions in paragraph (b), (c), or (d), the commissioner must assess the case to determine whether:
(1) the child qualifies as a disabled individual under United States Code, title 42, section 1382c(a) and would be eligible for medical assistance if residing in a medical institution; and
(2) the cost of medical assistance services for the child, if eligible under this subdivision, would not be more than the cost to medical assistance if the child resides in a medical institution to be determined as follows:
(i) for a child who requires a level of care provided in an ICF/MR, the cost of care for the child in an institution shall be determined using the average payment rate established for the regional treatment centers that are certified as ICFs/MR;
(ii) for a child who requires a level of care provided in an inpatient hospital setting according to paragraph (b), cost-effectiveness shall be determined according to Minnesota Rules, part 9505.3520, items F and G; and
(iii) for a child who requires a level of care provided in a nursing facility according to paragraph (c), cost-effectiveness shall be determined according to Minnesota Rules, part 9505.3040, except that the nursing facility average rate shall be adjusted to reflect rates which would be paid for children under age 16. The commissioner may authorize an amount up to the amount medical assistance would pay for a child referred to the commissioner by the preadmission screening team under section 256B.0911.
(g) Children eligible for medical assistance services under section 256B.055, subdivision 12, as of June 30, 1995, must be screened according to the criteria in this subdivision prior to January 1, 1996. Children found to be ineligible may not be removed from the program until January 1, 1996.
Sec. 28. Minnesota Statutes 1994, section 256B.056, is amended by adding a subdivision to read:
Subd. 3b. [TREATMENT OF TRUSTS.] (a) A "medical assistance qualifying trust" is a revocable or irrevocable trust, or similar legal device, established on or before August 10, 1993, by a person or the person's spouse under the terms of which the person receives or could receive payments from the trust principal or income and the trustee has discretion in making payments to the person from the trust principal or income. Notwithstanding that definition, a medical assistance qualifying trust does not include: (1) a trust set up by will; (2) a trust set up before April 7, 1986, solely to benefit a person with mental retardation living in an intermediate care facility for persons with mental retardation; or (3) a trust set up by a person with payments made by the Social Security Administration pursuant to the United States Supreme Court decision in Sullivan v. Zebley, 110 S. Ct. 885 (1990). The maximum amount of payments that a trustee of a medical assistance qualifying trust may make to a person under the terms of the trust is considered to be available assets to the person, without regard to whether the trustee actually makes the maximum payments to the person and without regard to the purpose for which the medical assistance qualifying trust was established.
(b) Trusts established after August 10, 1993, are treated according to section 13611(b) of the Omnibus Budget Reconciliation Act of 1993 (OBRA), Public Law Number 103-66.
Sec. 29. Minnesota Statutes 1994, section 256B.056, subdivision 4, is amended to read:
Subd. 4. [INCOME.] To be eligible for medical assistance, a person must not have, or anticipate receiving, semiannual income in excess of 120 percent of the income standards by family size used in the aid to families with dependent children program, except that families and children may have an income up to 133-1/3 percent of the AFDC income standard. In computing income to determine eligibility of persons who are not residents of long-term care facilities, the commissioner shall disregard increases in income as required by Public Law Numbers 94-566, section 503; 99-272; and 99-509. Veterans aid and attendance benefits are considered income to the recipient.
Sec. 30. Minnesota Statutes 1994, section 256B.0575, is amended to read:
256B.0575 [AVAILABILITY OF INCOME FOR INSTITUTIONALIZED PERSONS.]
When an institutionalized person is determined eligible for medical assistance, the income that exceeds the deductions in paragraphs (a) and (b) must be applied to the cost of institutional care.
(a) The following amounts must be deducted from the institutionalized person's income in the following order:
(1) the personal needs allowance under section 256B.35 or, for a veteran who does not have a spouse or child, or a surviving spouse of a veteran having no child, the amount of an improved pension received from the veteran's administration not exceeding $90 per month;
(2) the personal allowance for disabled individuals under section 256B.36;
(3) if the institutionalized person has a legally appointed guardian or conservator, five percent of the recipient's gross monthly income up to $100 as reimbursement for guardianship or conservatorship services;
(4) a monthly income allowance determined under section 256B.058, subdivision 2, but only to the extent income of the institutionalized spouse is made available to the community spouse;
(5) a monthly allowance for children under age 18 which,
together with the net income of the children, would provide
income equal to the medical assistance standard for families and
children according to section 256B.056, subdivision 4, for a
family size that includes only the minor children. This
deduction applies only if the children do not live with the
community spouse and only if the children resided with the
institutionalized person immediately prior to admission;
(6) a monthly family allowance for other family members, equal to one-third of the difference between 122 percent of the federal poverty guidelines and the monthly income for that family member;
(7) reparations payments made by the Federal Republic of Germany and reparations payments made by the Netherlands for victims of Nazi persecution between 1940 and 1945; and
(8) amounts for reasonable expenses incurred for necessary medical or remedial care for the institutionalized spouse that are not medical assistance covered expenses and that are not subject to payment by a third party.
For purposes of clause (6), "other family member" means a person who resides with the community spouse and who is a minor or dependent child, dependent parent, or dependent sibling of either spouse. "Dependent" means a person who could be claimed as a dependent for federal income tax purposes under the Internal Revenue Code.
(b) Income shall be allocated to an institutionalized person for a period of up to three calendar months, in an amount equal to the medical assistance standard for a family size of one if:
(1) a physician certifies that the person is expected to reside in the long-term care facility for three calendar months or less;
(2) if the person has expenses of maintaining a residence in the community; and
(3) if one of the following circumstances apply:
(i) the person was not living together with a spouse or a family member as defined in paragraph (a) when the person entered a long-term care facility; or
(ii) the person and the person's spouse become institutionalized on the same date, in which case the allocation shall be applied to the income of one of the spouses.
For purposes of this paragraph, a person is determined to be residing in a licensed nursing home, regional treatment center, or medical institution if the person is expected to remain for a period of one full calendar month or more.
Sec. 31. Minnesota Statutes 1994, section 256B.059, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Community spouse" means the spouse of an institutionalized
person spouse.
(c) "Spousal share" means one-half of the total value of all assets, to the extent that either the institutionalized spouse or the community spouse had an ownership interest at the time of institutionalization.
(d) "Assets otherwise available to the community spouse" means assets individually or jointly owned by the community spouse, other than assets excluded by subdivision 5, paragraph (c).
(e) "Community spouse asset allowance" is the value of assets that can be transferred under subdivision 3.
(f) "Institutionalized spouse" means a person who is:
(1) in a hospital, nursing facility, or intermediate care facility for persons with mental retardation, or receiving home and community-based services under section 256B.0915 or 256B.49, and is expected to remain in the facility or institution or receive the home and community-based services for at least 30 consecutive days; and
(2) married to a person who is not in a hospital, nursing facility, or intermediate care facility for persons with mental retardation, and is not receiving home and community-based services under section 256B.0915 or 256B.49.
Sec. 32. Minnesota Statutes 1994, section 256B.059, subdivision 3, is amended to read:
Subd. 3. [COMMUNITY SPOUSE ASSET ALLOWANCE.] An institutionalized spouse may transfer assets to the community spouse solely for the benefit of the community spouse. Except for increased amounts allowable under subdivision 4, the maximum amount of assets allowed to be transferred is the amount which, when added to the assets otherwise available to the community spouse, is as follows:
(1) prior to July 1, 1994, the greater of:
(i) $14,148;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the community spouse; and
(2) for persons who begin whose date of initial
determination of eligibility for medical assistance following
their first continuous period of institutionalization
occurs on or after July 1, 1994, the greater of:
(i) $20,000;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the community spouse.
If the assets available to the community spouse are already at the limit permissible under this section, or the higher limit attributable to increases under subdivision 4, no assets may be transferred from the institutionalized spouse to the community spouse. The transfer must be made as soon as practicable after the date the institutionalized spouse is determined eligible for medical assistance, or within the amount of time needed for any court order required for the transfer. On January 1, 1994, and every January 1 thereafter, the limits in this subdivision shall be adjusted by the same percentage change in the consumer price index for all urban consumers (all items; United States city average) between the two previous Septembers. These adjustments shall also be applied to the limits in subdivision 5.
Sec. 33. Minnesota Statutes 1994, section 256B.059, subdivision 5, is amended to read:
Subd. 5. [ASSET AVAILABILITY.] (a) At the time of
application initial determination of eligibility
for medical assistance benefits following the first continuous
period of institutionalization, assets considered available
to the institutionalized spouse shall be the total value of all
assets in which either spouse has an ownership interest, reduced
by the following:
(1) prior to July 1, 1994, the greater of:
(i) $14,148;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the community spouse;
(2) for persons who begin whose date of initial
determination of eligibility for medical assistance following
their first continuous period of institutionalization
occurs on or after July 1, 1994, the greater of:
(i) $20,000;
(ii) the lesser of the spousal share or $70,740; or
(iii) the amount required by court order to be paid to the community spouse. If the community spouse asset allowance has been increased under subdivision 4, then the assets considered available to the institutionalized spouse under this subdivision shall be further reduced by the value of additional amounts allowed under subdivision 4.
(b) An institutionalized spouse may be found eligible for medical assistance even though assets in excess of the allowable amount are found to be available under paragraph (a) if the assets are owned jointly or individually by the community spouse, and the institutionalized spouse cannot use those assets to pay for the cost of care without the consent of the community spouse, and if: (i) the institutionalized spouse assigns to the commissioner the right to support from the community spouse under section 256B.14, subdivision 3; (ii) the institutionalized spouse lacks the ability to execute an assignment due to a physical or mental impairment; or (iii) the denial of eligibility would cause an imminent threat to the institutionalized spouse's health and well-being.
(c) After the month in which the institutionalized spouse is
determined eligible for medical assistance, during the continuous
period of institutionalization, no assets of the community spouse
are considered available to the institutionalized spouse, unless
the institutionalized spouse has been found eligible under
clause paragraph (b).
(d) Assets determined to be available to the institutionalized spouse under this section must be used for the health care or personal needs of the institutionalized spouse.
(e) For purposes of this section, assets do not include assets
excluded under section 256B.056, without regard to the
limitations on total value in that section the
supplemental security income program.
Sec. 34. Minnesota Statutes 1994, section 256B.0595, subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED TRANSFERS.] (a) For transfers of
assets made on or before August 10, 1993, if a person or the
person's spouse has given away, sold, or disposed of, for less
than fair market value, any asset or interest therein, except
assets other than the homestead that are excluded under
section 256B.056, subdivision 3 the supplemental
security program, within 30 months before or any time after
the date of institutionalization if the person has been
determined eligible for medical assistance, or within 30 months
before or any time after the date of the first approved
application for medical assistance if the person has not yet been
determined eligible for medical assistance, the person is
ineligible for long-term care services for the period of time
determined under subdivision 2.
(b) Effective for transfers made on or after July 1,
1993, or upon federal approval, whichever is later August
10, 1993, a person, a person's spouse, or a person's
authorized representative any person, court, or
administrative body with legal authority to act in place of, on
behalf of, at the direction of, or upon the request of the person
or person's spouse, may not give away, sell, or dispose of,
for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under
the supplemental security income program, for the purpose of
establishing or maintaining medical assistance eligibility. For
purposes of determining eligibility for medical
assistance long-term care services, any transfer of
an asset such assets within 60 36
months preceding application before or any time after
an institutionalized person applies for medical assistance
or during the period of medical assistance eligibility,
including assets excluded under section 256B.056, subdivision
3, or 36 months before or any time after a medical
assistance recipient becomes institutionalized, for less than
fair market value may be considered. Any such transfer
for less than fair market value made within 60 months
preceding application for medical assistance or during the period
of medical assistance eligibility is presumed to have been
made for the purpose of establishing or maintaining medical
assistance eligibility and the person is ineligible for
medical assistance long-term care services for the
period of time determined under subdivision 2, unless the person
furnishes convincing evidence to establish that the transaction
was exclusively for another purpose, or unless the transfer is
permitted under subdivisions subdivision 3 or 4.
Notwithstanding the provisions of this paragraph, in the case
of payments from a trust or portions of a trust that are
considered transfers of assets under federal law, any transfers
made within 60 months before or any time after an
institutionalized person applies for medical assistance and
within 60 months before or any time after a medical assistance
recipient becomes institutionalized, may be considered.
(c) This section applies to transfers, for less than fair market value, of income or assets, including assets that are considered income in the month received, such as inheritances, court settlements, and retroactive benefit payments or income to which the person or the person's spouse is entitled but does not receive due to action by the person, the person's spouse, or any person, court, or administrative body with legal authority to act in place of, on behalf of, at the direction of, or upon the request of the person or the person's spouse.
(d) This section applies to payments for care or personal services provided by a relative, unless the compensation was stipulated in a notarized, written agreement which was in existence when the service was performed, the care or services directly benefited the person, and the payments made represented reasonable compensation for the care or services provided. A notarized written agreement is not required if payment for the services was made within 60 days after the service was provided.
(e) This section applies to the portion of any asset or
interest that a person or, a person's spouse
transfers, or any person, court, or administrative body
with legal authority to act in place of, on behalf of, at the
direction of, or upon the request of the person or the person's
spouse, to an irrevocable any trust, annuity,
or other instrument, that exceeds the value of the benefit likely
to be returned to the person or spouse while alive, based on
estimated life expectancy using the life expectancy tables
employed by the supplemental security income program to determine
the value of an agreement for services for life. The
commissioner may adopt rules reducing life expectancies based on
the need for long-term care.
(f) For purposes of this section, long-term care services
include services in a nursing facility, services
that are eligible for payment according to section 256B.0625,
subdivision 2, because they are provided in a swing bed,
intermediate care facility for persons with mental
retardation, and home and community-based services provided
pursuant to section 256B.491 sections 256B.0915,
256B.092, and 256B.49. For purposes of this subdivision and
subdivisions 2, 3, and 4, "institutionalized person" includes a
person who is an inpatient in a nursing facility, or in
a swing bed, or intermediate care facility for persons with
mental retardation or who is receiving home and
community-based services under section 256B.491
sections 256B.0915, 256B.092, and 256B.49.
(g) Effective for transfers made on or after July 1, 1995, or upon federal approval, whichever is later, a person, a person's spouse, or any person, court, or administrative body with legal authority to act in place of, on behalf of, at the direction of, or upon the request of the person or person's spouse, may not give away, sell, or dispose of, for less than fair market value, any asset or interest therein, for the purpose of establishing or maintaining medical assistance eligibility. For purposes of determining eligibility for long-term care services, any transfer of such assets within 60 months before, or any time after, an institutionalized person applies for medical assistance, or 60 months before, or any time after, a medical assistance recipient becomes institutionalized, for less than fair market value may be considered. Any such transfer is presumed to have been made for the purpose of establishing or maintaining medical assistance eligibility and the person is ineligible for long-term care services for the period of time determined under subdivision 2, unless the person furnishes convincing evidence to establish that the transaction was exclusively for another purpose, or unless the transfer is permitted under subdivision 3 or 4.
Sec. 35. Minnesota Statutes 1994, section 256B.0595, subdivision 2, is amended to read:
Subd. 2. [PERIOD OF INELIGIBILITY.] (a) For any uncompensated transfer occurring on or before August 10, 1993, the number of months of ineligibility for long-term care services shall be the lesser of 30 months, or the uncompensated transfer amount divided by the average medical assistance rate for nursing facility services in the state in effect on the date of application. The amount used to calculate the average medical assistance payment rate shall
be adjusted each July 1 to reflect payment rates for the previous calendar year. The period of ineligibility begins with the month in which the assets were transferred. If the transfer was not reported to the local agency at the time of application, and the applicant received long-term care services during what would have been the period of ineligibility if the transfer had been reported, a cause of action exists against the transferee for the cost of long-term care services provided during the period of ineligibility, or for the uncompensated amount of the transfer, whichever is less. The action may be brought by the state or the local agency responsible for providing medical assistance under chapter 256G. The uncompensated transfer amount is the fair market value of the asset at the time it was given away, sold, or disposed of, less the amount of compensation received.
(b) For uncompensated transfers made on or after July
1, August 10, 1993, or upon federal approval,
whichever is later, the number of months of ineligibility,
including partial months, for medical assistance
long-term care services shall be the total uncompensated
value of the resources transferred divided by the average medical
assistance rate for nursing facility services in the state in
effect on the date of application. If a calculation of a
penalty period results in a partial month, payments for medical
assistance services will be reduced in an amount equal to the
fraction, except that in calculating the value of uncompensated
transfers, uncompensated transfers not to exceed $1,000 in total
value per month shall be disregarded for each month prior to the
month of application for medical assistance. The amount used
to calculate the average medical assistance payment rate shall be
adjusted each July 1 to reflect payment rates for the previous
calendar year. The period of ineligibility begins with the month
in which the assets were transferred except that if one or more
uncompensated transfers are made during a period of
ineligibility, the total assets transferred during the
ineligibility period shall be combined and a penalty period
calculated to begin in the month the first uncompensated transfer
was made. The penalty in this paragraph shall not apply to
uncompensated transfers of assets not to exceed a total of $1,000
per month during a medical assistance eligibility certification
period. If the transfer was not reported to the local agency
at the time of application, and the applicant received medical
assistance services during what would have been the period of
ineligibility if the transfer had been reported, a cause of
action exists against the transferee for the cost of medical
assistance services provided during the period of ineligibility,
or for the uncompensated amount of the transfer, whichever is
less. The action may be brought by the state or the local agency
responsible for providing medical assistance under chapter 256G.
The uncompensated transfer amount is the fair market value of the
asset at the time it was given away, sold, or disposed of, less
the amount of compensation received.
(c) If the total value of all uncompensated transfers made
in a month exceeds $1,000, the disregards allowed under paragraph
(b) do not apply. If a calculation of a penalty period
results in a partial month, payments for long-term care services
shall be reduced in an amount equal to the fraction, except that
in calculating the value of uncompensated transfers, if the total
value of all uncompensated transfers made in a month does not
exceed $1,000, then such transfers shall be disregarded for each
month prior to the month of application for or during receipt of
medical assistance.
Sec. 36. Minnesota Statutes 1994, section 256B.0595, subdivision 3, is amended to read:
Subd. 3. [HOMESTEAD EXCEPTION TO TRANSFER PROHIBITION.] (a) An institutionalized person is not ineligible for long-term care services due to a transfer of assets for less than fair market value if the asset transferred was a homestead and:
(1) title to the homestead was transferred to the individual's
(i) spouse;
(ii) child who is under age 21;
(iii) blind or permanently and totally disabled child as defined in the supplemental security income program;
(iv) sibling who has equity interest in the home and who was residing in the home for a period of at least one year immediately before the date of the individual's admission to the facility; or
(v) son or daughter who was residing in the individual's home for a period of at least two years immediately before the date of the individual's admission to the facility, and who provided care to the individual that permitted the individual to reside at home rather than in an institution or facility;
(2) a satisfactory showing is made that the individual intended to dispose of the homestead at fair market value or for other valuable consideration; or
(3) the local agency grants a waiver of the excess resources created by the uncompensated transfer because denial of eligibility would cause undue hardship for the individual, based on imminent threat to the individual's health and well-being.
(b) When a waiver is granted under paragraph (a), clause (3), a cause of action exists against the person to whom the homestead was transferred for that portion of long-term care services granted within:
(1) 30 months of the a transfer made on
or before August 10, 1993;
(2) 60 months if the homestead was transferred after August 10, 1993, to a trust or portion of a trust that is considered a transfer of assets under federal law; or
(3) 36 months if transferred in any other manner after August 10, 1993,
or the amount of the uncompensated transfer, whichever is less, together with the costs incurred due to the action. The action may be brought by the state or the local agency responsible for providing medical assistance under chapter 256G.
(c) Effective for transfers made on or after July 1, 1993,
or upon federal approval, whichever is later, an
institutionalized person is not ineligible for medical assistance
services due to a transfer of assets for less than fair market
value if the asset transferred was a homestead and:
(1) title to the homestead was transferred to the
individual's
(i) spouse;
(ii) child who is under age 21;
(iii) blind or permanently and totally disabled child as
defined in the supplemental security income program;
(iv) sibling who has equity interest in the home and who was
residing in the home for a period of at least one year
immediately before the date of the individual's admission to the
facility; or
(v) son or daughter who was residing in the individual's
home for a period of at least two years immediately before the
date of the individual's admission to the facility, and who
provided care to the individual that permitted the individual to
reside at home rather than in an institution or facility;
(2) a satisfactory showing is made that the individual
intended to dispose of the homestead at fair market value or for
other valuable consideration; or
(3) the local agency grants a waiver of the excess resources
created by the uncompensated transfer because denial of
eligibility would cause undue hardship for the individual, based
on imminent threat to the individual's health and
well-being.
(d) When a waiver is granted under paragraph (c), clause
(3), a cause of action exists against the person to whom the
homestead was transferred for that portion of medical assistance
services granted during the period of ineligibility under
subdivision 2, or the amount of the uncompensated transfer,
whichever is less, together with the costs incurred due to the
action. The action may be brought by the state or the local
agency responsible for providing medical assistance under chapter
256G.
Sec. 37. Minnesota Statutes 1994, section 256B.0595, subdivision 4, is amended to read:
Subd. 4. [OTHER EXCEPTIONS TO TRANSFER PROHIBITION.]
(a) An institutionalized person who has made, or whose
spouse has made a transfer prohibited by subdivision 1, is not
ineligible for long-term care services if one of the following
conditions applies:
(1) the assets were transferred to the community
individual's spouse, as defined in section 256B.059
or to another for the sole benefit of the spouse; or
(2) the institutionalized spouse, prior to being institutionalized, transferred assets to a spouse, provided that the spouse to whom the assets were transferred does not then transfer those assets to another person for less than fair market value. (At the time when one spouse is institutionalized, assets must be allocated between the spouses as provided under section 256B.059); or
(3) the assets were transferred to the individual's child who is blind or permanently and totally disabled as determined in the supplemental security income program; or
(4) a satisfactory showing is made that the individual intended to dispose of the assets either at fair market value or for other valuable consideration; or
(5) the local agency determines that denial of eligibility for long-term care services would work an undue hardship and grants a waiver of excess assets. When a waiver is granted, a cause of action exists against the person to whom the assets were transferred for that portion of long-term care services granted within:
(i) 30 months of the a transfer made on
or before August 10, 1993;
(ii) 60 months of a transfer if the assets were transferred after August 30, 1993, to a trust or portion of a trust that is considered a transfer of assets under federal law; or
(iii) 36 months of a transfer if transferred in any other manner after August 10, 1993,
or the amount of the uncompensated transfer, whichever is less,
together with the costs incurred due to the action. The action
may be brought by the state or the local agency responsible for
providing medical assistance under this chapter.;
or
(6) for transfers occurring after August 10, 1993, the assets were transferred by the person or person's spouse: (i) into a trust established solely for the benefit of a son or daughter of any age who is blind or disabled as defined by the Supplemental Security Income program; or (ii) into a trust established solely for the benefit of an individual who is under 65 years of age who is disabled as defined by the Supplemental Security Income program.
(b) Effective for transfers made on or after July 1, 1993,
or upon federal approval, whichever is later, an
institutionalized person who has made, or whose spouse has made a
transfer prohibited by subdivision 1, is not ineligible for
medical assistance services if one of the following conditions
applies:
(1) the assets were transferred to the community spouse, as
defined in section 256B.059; or
(2) the institutionalized spouse, prior to being
institutionalized, transferred assets to a spouse, provided that
the spouse to whom the assets were transferred does not then
transfer those assets to another person for less than fair market
value. (At the time when one spouse is institutionalized, assets
must be allocated between the spouses as provided under section
256B.059); or
(3) the assets were transferred to the individual's child
who is blind or permanently and totally disabled as determined in
the supplemental security income program; or
(4) a satisfactory showing is made that the individual
intended to dispose of the assets either at fair market value or
for other valuable consideration; or
(5) the local agency determines that denial of eligibility
for medical assistance services would work an undue hardship and
grants a waiver of excess assets. When a waiver is granted, a
cause of action exists against the person to whom the assets were
transferred for that portion of medical assistance services
granted during the period of ineligibility determined under
subdivision 2 or the amount of the uncompensated transfer,
whichever is less, together with the costs incurred due to the
action. The action may be brought by the state or the local
agency responsible for providing medical assistance under this
chapter.
Sec. 38. Minnesota Statutes 1994, section 256B.06, subdivision 4, is amended to read:
Subd. 4. [CITIZENSHIP REQUIREMENTS.] Eligibility for medical assistance is limited to citizens of the United States and aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under the color of law. Aliens who are seeking legalization under the Immigration Reform and Control Act of 1986, Public Law Number 99-603, who are under age 18, over age 65, blind, disabled, or Cuban or Haitian, and who meet the eligibility requirements of medical assistance under subdivision 1 and sections 256B.055 to 256B.062 are eligible
to receive medical assistance. Pregnant women who are aliens seeking legalization under the Immigration Reform and Control Act of 1986, Public Law Number 99-603, and who meet the eligibility requirements of medical assistance under subdivision 1 are eligible for payment of care and services through the period of pregnancy and six weeks postpartum. Payment shall also be made for care and services that are furnished to an alien, regardless of immigration status, who otherwise meets the eligibility requirements of this section if such care and services are necessary for the treatment of an emergency medical condition, except for organ transplants and related care and services. For purposes of this subdivision, the term "emergency medical condition" means a medical condition, including labor and delivery, that if not immediately treated could cause a person physical or mental disability, continuation of severe pain, or death.
Sec. 39. Minnesota Statutes 1994, section 256B.0625, subdivision 5, is amended to read:
Subd. 5. [COMMUNITY MENTAL HEALTH CENTER SERVICES.] Medical
assistance covers community mental health center services, as
defined in rules adopted by the commissioner pursuant to section
256B.04, subdivision 2, and provided by a community mental
health center as defined in section 245.62, subdivision 2
that meets the requirements in paragraphs (a) to (j).
(a) The provider is licensed under Minnesota Rules, parts 9520.0750 to 9520.0870.
(b) The provider provides mental health services under the clinical supervision of a mental health professional who is licensed for independent practice at the doctoral level or by a board-certified psychiatrist or a psychiatrist who is eligible for board certification. Clinical supervision has the meaning given in Minnesota Rules, part 9505.0323, subpart 1, item F.
(c) The provider must be a private nonprofit corporation or a governmental agency and have a community board of directors as specified by section 245.66.
(d) The provider must have a sliding fee scale that meets the requirements in Minnesota Rules, part 9550.0060, and agree to serve within the limits of its capacity all individuals residing in its service delivery area.
(e) At a minimum, the provider must provide the following outpatient mental health services: diagnostic assessment; explanation of findings; family, group, and individual psychotherapy, including crisis intervention psychotherapy services, multiple family group psychotherapy, psychological testing, and medication management. In addition, the provider must provide or be capable of providing upon request of the local mental health authority day treatment services and professional home-based mental health services. The provider must have the capacity to provide such services to specialized populations such as the elderly, families with children, persons who are seriously and persistently mentally ill, and children who are seriously emotionally disturbed.
(f) The provider must be capable of providing the services specified in paragraph (e) to individuals who are diagnosed with both mental illness or emotional disturbance, and chemical dependency, and to individuals dually diagnosed with a mental illness or emotional disturbance and mental retardation or a related condition.
(g) The provider must provide 24-hour emergency care services or demonstrate the capacity to assist recipients in need of such services to access such services on a 24-hour basis.
(h) The provider must have a contract with the local mental health authority to provide one or more of the services specified in paragraph (e).
(i) The provider must agree, upon request of the local mental health authority, to enter into a contract with the county to provide mental health services not reimbursable under the medical assistance program.
(j) The provider may not be enrolled with the medical assistance program as both a hospital and a community mental health center. The community mental health center's administrative, organizational, and financial structure must be separate and distinct from that of the hospital.
Sec. 40. Minnesota Statutes 1994, section 256B.0625, subdivision 8, is amended to read:
Subd. 8. [PHYSICAL THERAPY.] Medical assistance covers physical therapy and related services. Services provided by a physical therapy assistant shall be reimbursed at the same rate as services performed by a physical therapist when the services of the physical therapy assistant are provided under the direction of a physical therapist who is on the premises. Services provided by a physical therapy assistant that are provided under the direction of a physical therapist who is not on the premises shall be reimbursed at 65 percent of the physical therapist rate.
Sec. 41. Minnesota Statutes 1994, section 256B.0625, subdivision 8a, is amended to read:
Subd. 8a. [OCCUPATIONAL THERAPY.] Medical assistance covers occupational therapy and related services. Services provided by an occupational therapy assistant shall be reimbursed at the same rate as services performed by an occupational therapist when the services of the occupational therapy assistant are provided under the direction of the occupational therapist who is on the premises. Services provided by an occupational therapy assistant that are provided under the direction of an occupational therapist who is not on the premises shall be reimbursed at 65 percent of the occupational therapist rate.
Sec. 42. Minnesota Statutes 1994, section 256B.0625, subdivision 13, is amended to read:
Subd. 13. [DRUGS.] (a) Medical assistance covers drugs if
prescribed by a licensed practitioner and dispensed by a licensed
pharmacist, or by a physician enrolled in the medical
assistance program as a dispensing physician, or by a
physician or a nurse practitioner employed by or under contract
with a community health board as defined in section 145A.02,
subdivision 5, for the purposes of communicable disease
control. The commissioner, after receiving recommendations
from professional medical associations and professional
pharmacist associations, shall designate a formulary committee to
advise the commissioner on the names of drugs for which payment
is made, recommend a system for reimbursing providers on a set
fee or charge basis rather than the present system, and develop
methods encouraging use of generic drugs when they are less
expensive and equally effective as trademark drugs. The
formulary committee shall consist of nine members, four of whom
shall be physicians who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, three of whom shall
be pharmacists who are not employed by the department of human
services, and a majority of whose practice is for persons paying
privately or through health insurance, a consumer representative,
and a nursing home representative. Committee members shall serve
three-year terms and shall serve without compensation. Members
may be reappointed once.
(b) The commissioner shall establish a drug formulary. Its establishment and publication shall not be subject to the requirements of the administrative procedure act, but the formulary committee shall review and comment on the formulary contents. The formulary committee shall review and recommend drugs which require prior authorization. The formulary committee may recommend drugs for prior authorization directly to the commissioner, as long as opportunity for public input is provided. Prior authorization may be requested by the commissioner based on medical and clinical criteria before certain drugs are eligible for payment. Before a drug may be considered for prior authorization at the request of the commissioner:
(1) the drug formulary committee must develop criteria to be used for identifying drugs; the development of these criteria is not subject to the requirements of chapter 14, but the formulary committee shall provide opportunity for public input in developing criteria;
(2) the drug formulary committee must hold a public forum and receive public comment for an additional 15 days; and
(3) the commissioner must provide information to the formulary committee on the impact that placing the drug on prior authorization will have on the quality of patient care and information regarding whether the drug is subject to clinical abuse or misuse. Prior authorization may be required by the commissioner before certain formulary drugs are eligible for payment. The formulary shall not include:
(i) drugs or products for which there is no federal funding;
(ii) over-the-counter drugs, except for antacids, acetaminophen, family planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults with documented vitamin deficiencies, and vitamins for children under the age of seven and pregnant or nursing women;
(iii) any other over-the-counter drug identified by the commissioner, in consultation with the drug formulary committee, as necessary, appropriate, and cost-effective for the treatment of certain specified chronic diseases, conditions or disorders, and this determination shall not be subject to the requirements of chapter 14;
(iv) anorectics; and
(v) drugs for which medical value has not been established.
The commissioner shall publish conditions for prohibiting payment for specific drugs after considering the formulary committee's recommendations.
(c) The basis for determining the amount of payment shall be
the lower of the actual acquisition costs of the drugs plus a
fixed dispensing fee established by the
commissioner,; the maximum allowable cost set by the
federal government or by the commissioner plus the fixed
dispensing fee; or the usual and customary price charged
to the public. The pharmacy dispensing fee shall be
$3.85. Actual acquisition cost includes quantity and other
special discounts except time and cash discounts. The actual
acquisition cost of a drug shall be estimated by the
commissioner, at average wholesale price minus 7.6
nine percent effective January 1, 1994. The maximum
allowable cost of a multisource drug may be set by the
commissioner and it shall be comparable to, but no higher than,
the maximum amount paid by other third-party payors in this state
who have maximum allowable cost programs. Establishment of the
amount of payment for drugs shall not be subject to the
requirements of the administrative procedure act. An additional
dispensing fee of $.30 may be added to the dispensing fee paid to
pharmacists for legend drug prescriptions dispensed to residents
of long-term care facilities when a unit dose blister card
system, approved by the department, is used. Under this type of
dispensing system, the pharmacist must dispense a 30-day supply
of drug. The National Drug Code (NDC) from the drug container
used to fill the blister card must be identified on the claim to
the department. The unit dose blister card containing the drug
must meet the packaging standards set forth in Minnesota Rules,
part 6800.2700, that govern the return of unused drugs to the
pharmacy for reuse. The pharmacy provider will be required to
credit the department for the actual acquisition cost of all
unused drugs that are eligible for reuse. Over-the-counter
medications must be dispensed in the manufacturer's unopened
package. The commissioner may permit the drug clozapine to be
dispensed in a quantity that is less than a 30-day supply.
Whenever a generically equivalent product is available, payment
shall be on the basis of the actual acquisition cost of the
generic drug, unless the prescriber specifically indicates
"dispense as written - brand necessary" on the prescription as
required by section 151.21, subdivision 2. Implementation of
any change in the fixed dispensing fee that has not been subject
to the administrative procedure act is limited to not more than
180 days, unless, during that time, the commissioner initiates
rulemaking through the administrative procedure act.
(d) Until the date the on-line, real-time Medicaid
Management Information System (MMIS) upgrade is successfully
implemented, as determined by the commissioner of administration,
a pharmacy provider may require individuals who seek to become
eligible for medical assistance under a one-month spenddown, as
provided in section 256B.056, subdivision 5, to pay for services
to the extent of the spenddown amount at the time the services
are provided. A pharmacy provider choosing this option shall
file a medical assistance claim for the pharmacy services
provided. If medical assistance reimbursement is received for
this claim, the pharmacy provider shall return to the individual
the total amount paid by the individual for the pharmacy services
reimbursed by the medical assistance program. If the claim is
not eligible for medical assistance reimbursement because of the
provider's failure to comply with the provisions of the medical
assistance program, the pharmacy provider shall refund to the
individual the total amount paid by the individual. Pharmacy
providers may choose this option only if they apply similar
credit restrictions to private pay or privately insured
individuals. A pharmacy provider choosing this option must
inform individuals who seek to become eligible for medical
assistance under a one-month spenddown of (1) their right to
appeal the denial of services on the grounds that they have
satisfied the spenddown requirement, and (2) their potential
eligibility for the MinnesotaCare program or the children's
health plan.
Sec. 43. Minnesota Statutes 1994, section 256B.0625, subdivision 13a, is amended to read:
Subd. 13a. [DRUG UTILIZATION REVIEW BOARD.] A 12-member
nine-member drug utilization review board is established.
The board is comprised of six at least three but no
more than four licensed physicians actively engaged in the
practice of medicine in Minnesota; five at least
three licensed pharmacists actively engaged in the practice
of pharmacy in Minnesota; and one consumer representative; the
remainder to be made up of health care professionals who are
licensed in their field and have recognized knowledge in the
clinically appropriate prescribing, dispensing, and monitoring of
covered outpatient drugs. The board shall be staffed by an
employee of the department who shall serve as an ex officio
nonvoting member of the board. The members of the board shall be
appointed by the commissioner and shall serve three-year terms.
The physician members shall be selected from lists
submitted by professional medical associations. The
pharmacist members shall be selected from lists submitted by
professional pharmacist associations. The commissioner shall
appoint the initial members of the board for terms expiring as
follows: four three members for terms expiring
June 30, 1995 1996; four three
members for terms expiring June 30, 1994 1997; and
four three members for terms expiring June 30,
1993 1998. Members may be reappointed once. The
board shall annually elect a chair from among the members.
The commissioner shall, with the advice of the board:
(1) implement a medical assistance retrospective and prospective drug utilization review program as required by United States Code, title 42, section 1396r-8(g)(3);
(2) develop and implement the predetermined criteria and practice parameters for appropriate prescribing to be used in retrospective and prospective drug utilization review;
(3) develop, select, implement, and assess interventions for physicians, pharmacists, and patients that are educational and not punitive in nature;
(4) establish a grievance and appeals process for physicians and pharmacists under this section;
(5) publish and disseminate educational information to physicians and pharmacists regarding the board and the review program;
(6) adopt and implement procedures designed to ensure the confidentiality of any information collected, stored, retrieved, assessed, or analyzed by the board, staff to the board, or contractors to the review program that identifies individual physicians, pharmacists, or recipients;
(7) establish and implement an ongoing process to (i) receive public comment regarding drug utilization review criteria and standards, and (ii) consider the comments along with other scientific and clinical information in order to revise criteria and standards on a timely basis; and
(8) adopt any rules necessary to carry out this section.
The board may establish advisory committees. The commissioner may contract with appropriate organizations to assist the board in carrying out the board's duties. The commissioner may enter into contracts for services to develop and implement a retrospective and prospective review program.
The board shall report to the commissioner annually on
December 1 the date the Drug Utilization Review Annual
Report is due to the Health Care Financing Administration. This
report is to cover the preceding federal fiscal year. The
commissioner shall make the report available to the public upon
request. The report must include information on the activities
of the board and the program; the effectiveness of implemented
interventions; administrative costs; and any fiscal impact
resulting from the program. An honorarium of $50 per meeting
shall be paid to each board member in attendance.
Sec. 44. Minnesota Statutes 1994, section 256B.0625, is amended by adding a subdivision to read:
Subd. 13b. [PHARMACY COPAYMENT REQUIREMENTS.] A copayment of $1 per prescription shall be required under the medical assistance and general assistance medical care programs according to paragraphs (a) to (d):
(a) A copayment shall not be required of children, pregnant women through the postpartum period, recipients whose only available income is a personal needs allowance in the amount established under section 256B.35 or 256B.36, recipients residing in a setting which receives funding under sections 256I.01 to 256I.06, or institutionalized recipients or, under medical assistance only, from any other persons required to be exempted under federal law;
(b) A copayment shall not be required for family planning services or supplies, psychotropic drugs or emergency services;
(c) A provider may not deny a prescription to a recipient because the recipient is unable to pay the copayment;
(d) A lower copayment shall be collected, under medical assistance only, up to the maximum permitted by federal law, for prescriptions on which federal law prohibits a $1 copayment;
(e) The amount of the copayment under this subdivision shall be subtracted from the payment under subdivision 13; and
(f) This subdivision does not apply to services under the MinnesotaCare program.
Sec. 45. Minnesota Statutes 1994, section 256B.0625, subdivision 17, is amended to read:
Subd. 17. [TRANSPORTATION COSTS.] (a) Medical assistance covers transportation costs incurred solely for obtaining emergency medical care or transportation costs incurred by nonambulatory persons in obtaining emergency or nonemergency medical care when paid directly to an ambulance company, common carrier, or other recognized providers of transportation services. For the purpose of this subdivision, a person who is incapable of transport by taxicab or bus shall be considered to be nonambulatory.
(b) Medical assistance covers special transportation, as defined in Minnesota Rules, part 9505.0315, subpart 1, item F, if the provider receives and maintains a current physician's order by the recipient's attending physician certifying that the recipient is so mentally or physically impaired as to be unable to safely access and use a bus, taxi, other commercial transportation, or private automobile. The commissioner shall establish maximum medical assistance reimbursement rates for special transportation services for persons who need a wheelchair lift van or stretcher-equipped vehicle and for those who do not need a wheelchair lift van or stretcher-equipped vehicle. The average of these two rates must not exceed $14 for the base rate and $1.10 per mile. Special transportation provided to nonambulatory persons who do not need a wheelchair lift van or stretcher-equipped vehicle, may be reimbursed at a lower rate than special transportation provided to persons who need a wheelchair lift van or stretcher-equipped vehicle.
Sec. 46. Minnesota Statutes 1994, section 256B.0625, subdivision 18, is amended to read:
Subd. 18. [BUS OR TAXICAB TRANSPORTATION.] To the extent
authorized by rule of the state agency, medical assistance covers
costs of bus or taxicab the most appropriate and
cost-effective form of transportation incurred by any
ambulatory eligible person for obtaining nonemergency medical
care.
Sec. 47. Minnesota Statutes 1994, section 256B.0625, is amended by adding a subdivision to read:
Subd. 18a. [PAYMENT FOR MEALS AND LODGING.] (a) Medical assistance reimbursement for meals for persons traveling to receive medical care may not exceed $5.50 for breakfast, $6.50 for lunch, or $8 for dinner.
(b) Medical assistance reimbursement for lodging for persons traveling to receive medical care may not exceed $50 per day unless prior authorized by the local agency.
(c) Medical assistance direct mileage reimbursement to the eligible person or the eligible person's driver may not exceed 20 cents per mile.
Sec. 48. Minnesota Statutes 1994, section 256B.0625, subdivision 19a, is amended to read:
Subd. 19a. [PERSONAL CARE SERVICES.] Medical assistance covers
personal care services in a recipient's home. To qualify for
personal care services recipients who can direct their own
care, or persons who cannot direct their own care when authorized
by the responsible party, may use must be able to identify
their needs, direct and evaluate task accomplishment, and assure
their health and safety. Approved hours may be used
outside the home when normal life activities take them outside
the home and when, without the provision of personal care, their
health and safety would be jeopardized. Total hours for
services, whether actually performed inside or outside the
recipient's home, cannot exceed that which is otherwise allowed
for personal care services in an in-home setting according to
section 256B.0627. Medical assistance does not cover
personal care services for residents of a hospital, nursing
facility, intermediate care facility, health care facility
licensed by the commissioner of health, or unless a resident who
is otherwise eligible is on leave from the facility and the
facility either pays for the personal care services or forgoes
the facility per diem for the leave days that personal care
services are used except as authorized in section 256B.64 for
ventilator-dependent recipients in hospitals. Total hours of
service and payment allowed for services outside the home cannot
exceed that which is otherwise allowed for personal care services
in an in-home setting according to section 256B.0627. All
personal care services must be provided according to section
256B.0627. Personal care services may not be reimbursed if the
personal care assistant is the spouse or legal guardian of
the recipient or the parent of a recipient under age 18, the
responsible party or the foster care provider of a recipient who
cannot direct the recipient's own care or the recipient's legal
guardian unless, in the case of a foster provider, a county or
state case manager visits the recipient as needed, but no less
than every six months, to monitor the health and safety of the
recipient and to ensure the goals of the care plan are met.
Parents of adult recipients, adult children of the recipient or
adult siblings of the recipient may be reimbursed for personal
care services if they are not the recipient's legal guardian
and are granted a waiver under section 256B.0627.
Sec. 49. Minnesota Statutes 1994, section 256B.0625, is amended by adding a subdivision to read:
Subd. 38. [PAYMENTS FOR MENTAL HEALTH SERVICES.] Payments for mental health services covered under the medical assistance program that are provided by masters-prepared mental health professionals shall be 80 percent of the rate paid to doctoral-prepared professionals. Payments for mental health services covered under the medical assistance program that are provided by masters-prepared mental health professionals employed by community mental health centers shall be 100 percent of the rate paid to doctoral-prepared professionals.
Sec. 50. Minnesota Statutes 1994, section 256B.0625, is amended by adding a subdivision to read:
Subd. 39. [CHILDHOOD IMMUNIZATIONS.] Providers who administer pediatric vaccines within the scope of their licensure, and who are enrolled as a medical assistance provider, must enroll in the pediatric vaccine administration program established by section 13631 of the Omnibus Budget Reconciliation Act of 1993. Medical assistance shall pay an $8.50 fee per dose for administration of the vaccine to children eligible for medical assistance. Medical assistance does not pay for vaccines that are available at no cost from the pediatric vaccine administration program.
Sec. 51. Minnesota Statutes 1994, section 256B.0625, is amended by adding a subdivision to read:
Subd. 40. [TUBERCULOSIS RELATED SERVICES.] (a) For persons infected with tuberculosis, medical assistance covers case management services and direct observation of the intake of drugs prescribed to treat tuberculosis.
(b) "Case management services" means services furnished to assist persons infected with tuberculosis in gaining access to needed medical services. Case management services include at a minimum:
(1) assessing a person's need for medical services to treat tuberculosis;
(2) developing a care plan that addresses the needs identified in clause (1);
(3) assisting the person in accessing medical services identified in the care plan; and
(4) monitoring the person's compliance with the care plan to ensure completion of tuberculosis therapy. Medical assistance covers case management services under this subdivision only if the services are provided by a certified public health nurse who is employed by a community health board as defined in section 145A.02, subdivision 5.
(c) To be covered by medical assistance, direct observation of the intake of drugs prescribed to treat tuberculosis must be provided by a community outreach worker, licensed practical nurse, registered nurse who is trained and supervised by a public health nurse employed by a community health board as defined in section 145A.02, subdivision 5, or a public health nurse employed by a community health board.
Sec. 52. Minnesota Statutes 1994, section 256B.0627, subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] (a) "Home care services" means a health service, determined by the commissioner as medically necessary, that is ordered by a physician and documented in a care plan that is reviewed by the physician at least once every 60 days for the provision of home health services, or private duty nursing, or at least once every 365 days for personal care. Home care services are provided to the recipient at the recipient's residence that is a place other than a hospital or long-term care facility or as specified in section 256B.0625.
(b) "Medically necessary" has the meaning given in Minnesota Rules, parts 9505.0170 to 9505.0475.
(c) "Assessment" means a review and evaluation of a recipient's need for home care services conducted in person. Assessments for private duty nursing shall be conducted by a private duty nurse. Assessments for home health agency services shall be conducted by a home health agency nurse. Assessments for personal care services shall be conducted by the county public health nurse or a certified public health nurse under contract with the county. Assessments must be completed on forms provided by the commissioner within 30 days of a request for home care services by a recipient or responsible party.
(c) "Care plan" (d) "Service plan" means a
written description of the services needed which is
based on the assessment developed by the
supervisory nurse who conducts the assessment
together with the recipient or responsible party and includes
a detailed. The service plan shall include a
description of the covered home care services, who is
providing the services, frequency and duration of services,
and expected outcomes and goals. The provider must give the
recipient or responsible party recipient and the provider
chosen by the recipient or responsible party must be given a
copy of the completed care service plan within 30
calendar days of beginning home care services.
of the request for home care services by the recipient or
responsible party.
(e) "Care plan" means a written description of personal care assistant services developed by the agency nurse with the recipient or responsible party to be used by the personal care assistant with a copy provided to the recipient or responsible party.
(d) "Responsible party" means an individual residing with a
recipient of personal care services who is capable of providing
the supportive care necessary to assist the recipient to live in
the community, is at least 18 years old, and is not a personal
care assistant. Responsible parties who are parents of minors or
guardians of minors or incapacitated persons may delegate the
responsibility to another adult during a temporary absence of at
least 24 hours but not more than six months. The person
delegated as a responsible party must be able to meet the
definition of responsible party, except that the delegated
responsible party is required to reside with the recipient only
while serving as the responsible party. Foster care license
holders may be designated the responsible party for residents of
the foster care home if case management is provided as required
in section 256B.0625, subdivision 19a. For persons who, as of
April 1, 1992, are sharing personal care services in order to
obtain the availability of 24-hour coverage, an employee of the
personal care provider organization may be designated as the
responsible party if case management is provided as required in
section 256B.0625, subdivision 19a. (f) "Personal care
assistant" means a person who: (1) is at least 18 years old; (2)
is able to read, write, and speak English, or communicate with
sign language, as well as communicate with the recipient; (3)
effective July 1, 1996, has completed one of the training
requirements as specified in Minnesota Rules, part 9505.0335,
subpart 3, items A to D; (4) has the ability to, and provides
covered personal care services according to the recipient's care
plan; (5) is not a consumer of personal care services; and (6) is
subject to criminal background checks. An individual who has
ever been convicted of a crime specified in Minnesota Rules, part
4668.0020, subpart 14, or a comparable crime in another
jurisdiction is disqualified from being a personal
care assistant.
(g) "Personal care provider organization" means an organization enrolled to provide personal care services under the medical assistance program that complies with the following: (1) owners who have a five percent interest or more are subject to a criminal history check as provided in section 245A.04 at the time of application. An organization will be barred from enrollment if an owner or managerial official of the organization has ever been convicted of a crime specified in Minnesota Rules, part 4668.0020, subpart 14, or a comparable crime in another jurisdiction; (2) the organization must maintain a surety bond and liability insurance throughout the duration of enrollment and provides proof thereof. The insurer must notify the department of human services of the cancellation or lapse of policy; and (3) the organization must maintain documentation of services as specified in Minnesota Rules, part 9505.2175, subpart 7, as well as evidence of compliance with personal care assistant training requirements.
Sec. 53. Minnesota Statutes 1994, section 256B.0627, subdivision 2, is amended to read:
Subd. 2. [SERVICES COVERED.] Home care services covered under this section include:
(1) nursing services under section 256B.0625, subdivision 6a;
(2) private duty nursing services under section 256B.0625, subdivision 7;
(3) home health aide services under section 256B.0625, subdivision 6a;
(4) personal care services under section 256B.0625, subdivision
19a; and
(5) nursing supervision of personal care services under section 256B.0625, subdivision 19a; and
(6) assessments by county public health nurses for services under section 256B.0625, subdivision 19a.
Sec. 54. Minnesota Statutes 1994, section 256B.0627, subdivision 4, is amended to read:
Subd. 4. [PERSONAL CARE SERVICES.] (a) The personal care services that are eligible for payment are the following:
(1) bowel and bladder care;
(2) skin care to maintain the health of the skin;
(3) delegated therapy tasks specific to maintaining a
recipient's optimal level of functioning, including
repetitive maintenance range of motion and muscle
strengthening exercises specific to maintaining a recipient's
optimal level of function;
(4) respiratory assistance;
(5) transfers and ambulation;
(6) bathing, grooming, and hairwashing necessary for personal hygiene;
(7) turning and positioning;
(8) assistance with furnishing medication that is
normally self-administered;
(9) application and maintenance of prosthetics and orthotics;
(10) cleaning medical equipment;
(11) dressing or undressing;
(12) assistance with food, nutrition, and diet
activities eating and meal preparation and necessary
grocery shopping;
(13) accompanying a recipient to obtain medical diagnosis or treatment; and
(14) assisting, monitoring, or prompting the recipient to
complete the services in clauses (1) to (13);
(15) redirection, monitoring, and observation that are
medically necessary and an integral part of completing the
personal cares described in clauses (1) to (14);
(16) redirection and intervention for behavior, including
observation and monitoring;
(17) interventions for seizure disorders including
monitoring and observation if the recipient has had a seizure
that requires intervention within the past three months;
and
(18) incidental household services that are an integral
part of a personal care service described in clauses (1) to
(17) (13).
For purposes of this subdivision, monitoring and observation
means watching for outward visible signs that are likely to occur
and for which there is a covered personal care service or an
appropriate personal care intervention.
(b) The personal care services that are not eligible for payment are the following:
(1) personal care services that are not in the
care plan developed by the supervising registered nurse in
consultation with the personal care assistants and the recipient
or the responsible party directing the care of the recipient
ordered by the physician;
(2) assessments by personal care provider organizations or by independently enrolled registered nurses;
(3) services that are not supervised by the
registered nurse in the service plan;
(3) (4) services provided by the recipient's
spouse, legal guardian for an adult or child recipient, or
parent of a minor child recipient under age 18;
(4) services provided by a foster care provider of a
recipient who cannot direct their own care, unless monitored by a
county or state case manager under section 256B.0625, subdivision
19a;
(5) services provided by the residential or program license holder in a residence for more than four persons;
(6) services that are the responsibility of a residential or program license holder under the terms of a service agreement and administrative rules;
(7) sterile procedures;
(8) injections of fluids into veins, muscles, or skin;
(9) services provided by parents of adult recipients, adult
children, or adult siblings of the
recipient, unless these relatives meet one of the following
hardship criteria and the commissioner waives this
requirement:
(i) the relative resigns from a part-time or full-time job to provide personal care for the recipient;
(ii) the relative goes from a full-time to a part-time job with less compensation to provide personal care for the recipient;
(iii) the relative takes a leave of absence without pay to provide personal care for the recipient;
(iv) the relative incurs substantial expenses by providing personal care for the recipient; or
(v) because of labor conditions, the relative is needed in order to provide an adequate number of qualified personal care assistants to meet the medical needs of the recipient;
(10) homemaker services that are not an integral part of a
personal care services; and
(11) home maintenance, or chore services;
(12) services not specified under paragraph (a); and
(13) services not authorized by the commissioner or the commissioner's designee.
Sec. 55. Minnesota Statutes 1994, section 256B.0627, subdivision 5, is amended to read:
Subd. 5. [LIMITATION ON PAYMENTS.] Medical assistance payments for home care services shall be limited according to this subdivision.
(a) [EXEMPTION FROM PAYMENT LIMITATIONS.] The level, or the
number of hours or visits of a specific service, of home care
services to a recipient that began before and is continued
without increase on or after December 1987, shall be exempt from
the payment limitations of this section, as long as the services
are medically necessary.
(b) [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A
recipient may receive the following amounts of home care services
during a calendar year:
(1) a total of 40 home health aide visits or skilled nurse visits under section 256B.0625, subdivision 6a; and
(2) up to two assessments by a supervising registered
nurse assessments and reassessments done to determine
a recipient's need for personal care services, develop a care
plan, and obtain prior authorization. Additional visits
may be authorized by the commissioner if there are circumstances
that necessitate a change in provider.
(c) (b) [PRIOR AUTHORIZATION; EXCEPTIONS.] All
home care services above the limits in paragraph (b)
(a) must receive the commissioner's prior authorization,
except when:
(1) the home care services were required to treat an emergency medical condition that if not immediately treated could cause a recipient serious physical or mental disability, continuation of severe pain, or death. The provider must request retroactive authorization no later than five working days after giving the initial service. The provider must be able to substantiate the emergency by documentation such as reports, notes, and admission or discharge histories;
(2) the home care services were provided on or after the date on which the recipient's eligibility began, but before the date on which the recipient was notified that the case was opened. Authorization will be considered if the request is submitted by the provider within 20 working days of the date the recipient was notified that the case was opened;
(3) a third-party payor for home care services has denied or adjusted a payment. Authorization requests must be submitted by the provider within 20 working days of the notice of denial or adjustment. A copy of the notice must be included with the request; or
(4) the commissioner has determined that a county or state human services agency has made an error.
(d) (c) [RETROACTIVE AUTHORIZATION.] A request
for retroactive authorization under paragraph (c) will be
evaluated according to the same criteria applied to prior
authorization requests. Implementation of this provision
shall begin no later than October 1, 1991, except that recipients
who are currently receiving medically necessary services above
the limits established under this subdivision may have a
reasonable amount of time to arrange for waivered services under
section 256B.49 or to establish an alternative living
arrangement. All current recipients shall be phased down to the
limits established under paragraph (b) on or before April 1,
1992.
(e) (d) [ASSESSMENT AND CARE
SERVICE PLAN.] The home care provider
Assessments under section 256B.0627, subdivision 1, paragraph
(c), shall conduct be conducted initially, and
at least annually thereafter, a face-to-face assessment of the
recipient and complete a care plan in person with the
recipient and result in a completed service plan using forms
specified by the commissioner. For the recipient to receive,
or continue to receive, home care services, the provider must
submit evidence necessary for the commissioner to determine the
medical necessity of the home care services. The provider shall
submit to the commissioner the assessment, the care plan,
Within 30 days of recipient or responsible party request for
home care services, the assessment, the service plan, and
other information necessary to determine medical necessity such
as diagnostic or testing information, social or medical
histories, and hospital or facility discharge summaries shall
be submitted to the commissioner. For personal care
services:
(1) The amount and type of service authorized based upon the assessment and service plan will follow the recipient if the recipient chooses to change providers.
(2) If the recipient's medical need changes, the recipient's provider may assess the need for a change in service authorization and request the change from the county public health nurse. Within 30 days of the request, the public health nurse will determine whether to request the change in services based upon the provider assessment, or conduct a home visit to assess the need and determine whether the change is appropriate.
(3) To continue to receive home personal
care services when the recipient displays no significant change,
the supervising nurse county public health nurse
has the option to review with the commissioner, or the
commissioner's designee, the care service plan on
record and receive authorization for up to an additional 12
months.
(f) (e) [PRIOR AUTHORIZATION.] The commissioner,
or the commissioner's designee, shall review the assessment, the
care service plan, and any additional information
that is submitted. The commissioner shall, within 30 days after
receiving a complete request, assessment, and care
service plan, authorize home care services as follows:
(1) [HOME HEALTH SERVICES.] All home health services provided
by a nurse or a home health aide that exceed the limits
established in paragraph (b) (a) must be prior
authorized by the commissioner or the commissioner's designee.
Prior authorization must be based on medical necessity and
cost-effectiveness when compared with other care options. When
home health services are used in combination with personal care
and private duty nursing, the cost of all home care services
shall be considered for cost-effectiveness. The commissioner
shall limit nurse and home health aide visits to no more than one
visit each per day.
(2) [PERSONAL CARE SERVICES.] (i) All personal care services
and registered nurse supervision must be prior authorized
by the commissioner or the commissioner's designee except for the
limits on supervision assessments established in
paragraph (b) (a). The amount of personal care
services authorized must be based on the recipient's home care
rating. A child may not be found to be dependent in an activity
of daily living if because of the child's age an adult would
either perform the activity for the child or assist the child
with the activity and the amount of assistance needed is similar
to the assistance appropriate for a typical child of the same
age. Based on medical necessity, the commissioner may
authorize:
(A) up to two 1.75 times the average number of
direct care hours provided in nursing facilities for the
recipient's comparable case mix level; or
(B) up to three 2.625 times the average number of
direct care hours provided in nursing facilities for recipients
who have complex medical needs or are dependent in at least seven
activities of daily living and need physical assistance with
eating or have a neurological diagnosis but in no case shall
the dollar amount authorized exceed the statewide weighted
average nursing facility payment rate for fiscal year 1995;
or
(C) up to 60 percent of the average reimbursement rate, as
of July 1, 1991, plus any inflation adjustment provided, for care
provided in a regional treatment center for recipients who have
Level I behavior; or
(D) up to the amount the commissioner would pay, as of
July 1, 1991, plus any inflation adjustment provided for home
care services, for care provided in a regional treatment
center for recipients referred to the commissioner by a regional
treatment center preadmission evaluation team. For purposes of
this clause, home care services means all services provided in
the home or community that would be included in the payment to a
regional treatment center; or
(E) (D) up to the amount medical assistance would
reimburse for facility care for recipients referred to the
commissioner by a preadmission screening team established under
section 256B.0911 or 256B.092; and
(F) (E) a reasonable amount of time for the
necessary provision of nursing supervision of personal
care services.
(ii) The number of direct care hours shall be determined
according to the annual cost report submitted to the department
by nursing facilities. The average number of direct care hours,
as established by May 1, 1992 for the report year 1993,
as established by July 11, 1994, shall be calculated and
incorporated into the home care limits on July 1, 1992
1996. These limits shall be calculated to the nearest
quarter hour.
(iii) The home care rating shall be determined by the
commissioner or the commissioner's designee based on information
submitted to the commissioner by the personal care
provider county public health nurse on forms specified
by the commissioner. The home care rating shall be a combination
of current assessment tools developed under sections 256B.0911
and 256B.501 with an addition for seizure activity that will
assess the frequency and severity of seizure activity and
with adjustments, additions, and clarifications that are
necessary to reflect the needs and conditions of children and
nonelderly adults recipients who need home care. The
commissioner shall establish these forms and protocols under this
section and shall use the advisory group established in
section 256B.04, subdivision 16, for consultation in establishing
the forms and protocols by October 1, 1991 and shall use
an advisory group, including representatives of recipients,
providers, and counties, for consultation in establishing and
revising the forms and protocols.
(iv) A recipient shall qualify as having complex medical needs if the care required is difficult to perform and because of recipient's medical condition requires more time than community-based standards allow or requires more skill than would ordinarily be required and the recipient needs or has one or more of the following:
(A) daily tube feedings;
(B) daily parenteral therapy;
(C) wound or decubiti care;
(D) postural drainage, percussion, nebulizer treatments, suctioning, tracheotomy care, oxygen, mechanical ventilation;
(E) catheterization;
(F) ostomy care;
(G) quadriplegia; or
(H) other comparable medical conditions or treatments the commissioner determines would otherwise require institutional care.
(v) A recipient shall qualify as having Level I behavior if
there is reasonable supporting evidence that the recipient
exhibits, or that without supervision, observation, or
redirection would exhibit, one or more of the following behaviors
that cause, or have the potential to cause:
(A) injury to his or her own body;
(B) physical injury to other people; or
(C) destruction of property.
(vi) Time authorized for personal care relating to Level I
behavior in subclause (v), items (A) to (C), shall be based on
the predictability, frequency, and amount of intervention
required.
(vii) A recipient shall qualify as having Level II behavior
if the recipient exhibits on a daily basis one or more of the
following behaviors that interfere with the completion of
personal care services under subdivision 4, paragraph (a):
(A) unusual or repetitive habits;
(B) withdrawn behavior; or
(C) offensive behavior.
(viii) A recipient with a home care rating of Level II
behavior in subclause (vii), items (A) to (C), shall be rated as
comparable to a recipient with complex medical needs under
subclause (iv). If a recipient has both complex medical needs
and Level II behavior, the home care rating shall be the next
complex category up to the maximum rating under subclause (i),
item (B).
(3) [PRIVATE DUTY NURSING SERVICES.] All private duty nursing services shall be prior authorized by the commissioner or the commissioner's designee. Prior authorization for private duty nursing services shall be based on medical necessity and cost-effectiveness when compared with alternative care options. The commissioner may authorize medically necessary private duty nursing services in quarter-hour units when:
(i) the recipient requires more individual and continuous care than can be provided during a nurse visit; or
(ii) the cares are outside of the scope of services that can be provided by a home health aide or personal care assistant.
The commissioner may authorize:
(A) up to two times the average amount of direct care hours provided in nursing facilities statewide for case mix classification "K" as established by the annual cost report submitted to the department by nursing facilities in May 1992;
(B) private duty nursing in combination with other home care services up to the total cost allowed under clause (2);
(C) up to 16 hours per day if the recipient requires more nursing than the maximum number of direct care hours as established in item (A) and the recipient meets the hospital admission criteria established under Minnesota Rules, parts 9505.0500 to 9505.0540.
The commissioner may authorize up to 16 hours per day of medically necessary private duty nursing services or up to 24 hours per day of medically necessary private duty nursing services until such time as the commissioner is able to make a determination of eligibility for recipients who are cooperatively applying for home care services under the community alternative care program developed under section 256B.49, or until it is determined by the appropriate regulatory agency that a health benefit plan is or is not required to pay for appropriate medically necessary health care services. Recipients or their representatives must cooperatively assist the commissioner in obtaining this determination. Recipients who are eligible for the community alternative care program may not receive more hours of nursing under this section than would otherwise be authorized under section 256B.49.
(4) [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is ventilator-dependent, the monthly medical assistance authorization for home care services shall not exceed what the commissioner would pay for care at the highest cost hospital designated as a long-term hospital under the Medicare program. For purposes of this clause, home care services means all services provided in the home that would be included in the payment for care at the long-term hospital. "Ventilator-dependent" means an individual who receives mechanical ventilation for life support at least six hours per day and is expected to be or has been dependent for at least 30 consecutive days.
(g) (f) [PRIOR AUTHORIZATION; TIME LIMITS.] The
commissioner or the commissioner's designee shall determine the
time period for which a prior authorization shall be effective.
If the recipient continues to require home care services beyond
the duration of the prior authorization, the home care provider
must request a new prior authorization through the process
described above. Under no circumstances, other than the
exceptions in subdivision 5, paragraph (c)
(b), shall a prior authorization be valid prior to the
date the commissioner receives the request or for more than 12
months. A recipient who appeals a reduction in previously
authorized home care services may continue previously authorized
services, other than temporary services under paragraph
(i) (h), pending an appeal under section 256.045.
The commissioner must provide a detailed explanation of why the
authorized services are reduced in amount from those requested by
the home care provider.
(h) (g) [APPROVAL OF HOME CARE SERVICES.] The
commissioner or the commissioner's designee shall determine the
medical necessity of home care services, the level of caregiver
according to subdivision 2, and the institutional comparison
according to this subdivision, the cost-effectiveness of
services, and the amount, scope, and duration of home care
services reimbursable by medical assistance, based on the
assessment, the care plan, the recipient's age, the cost of
services, the recipient's medical condition, and diagnosis or
disability. The commissioner may publish additional criteria for
determining medical necessity according to section 256B.04.
(i) (h) [PRIOR AUTHORIZATION REQUESTS; TEMPORARY
SERVICES.] Providers The agency nurse, the
independently enrolled private duty nurse, or county public
health nurse may request a temporary authorization for home
care services by telephone. The commissioner may approve a
temporary level of home care services based on the assessment and
service or care plan information provided by an
appropriately licensed nurse. Authorization for a temporary
level of home care services including nurse supervision is
limited to the time specified by the commissioner, but shall not
exceed 45 days, unless extended because the county public
health nurse has not completed the required assessment and
service plan, or the commissioner's determination has not been
made. The level of services authorized under this provision
shall have no bearing on a future prior authorization.
(j) (i) [PRIOR AUTHORIZATION REQUIRED IN FOSTER
CARE SETTING.] Home care services provided in an adult or child
foster care setting must receive prior authorization by the
department according to the limits established in paragraph
(b) (a).
The commissioner may not authorize:
(1) home care services that are the responsibility of the foster care provider under the terms of the foster care placement agreement and administrative rules;
(2) personal care services when the foster care license
holder is also the personal care provider or personal care
assistant unless the recipient can direct the recipient's own
care, or case management is provided as required in section
256B.0625, subdivision 19a;
(3) personal care services when the responsible party is an
employee of, or under contract with, or has any direct or
indirect financial relationship with the personal care provider
or personal care assistant, unless case management is provided as
required in section 256B.0625, subdivision 19a;
(4) home care services when the number of foster care
residents is greater than four unless the county responsible
for the recipient's foster placement made the placement prior to
April 1, 1992, requests that home care services be provided, and
case management is provided as required in section 256B.0625,
subdivision 19a; or
(5) (3) home care services when combined with
foster care payments, other than room and board payments plus
the cost of home and community-based waivered services unless the
costs of home care services and waivered services are combined
and managed under the waiver program, that exceed the total
amount that public funds would pay for the recipient's care in a
medical institution.
Sec. 56. Minnesota Statutes 1994, section 256B.0628, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) The commissioner may contract with or employ qualified registered nurses and necessary support staff, or contract with qualified agencies, to provide home care prior authorization and review services for medical assistance recipients who are receiving home care services.
(b) Reimbursement for the prior authorization function shall be made through the medical assistance administrative authority. The state shall pay the nonfederal share. The functions will be to:
(1) assess the recipient's individual need for services required to be cared for safely in the community;
(2) ensure that a care service plan that meets
the recipient's needs is developed by the appropriate agency or
individual;
(3) ensure cost-effectiveness of medical assistance home care services;
(4) recommend the approval or denial of the use of medical
assistance funds to pay for home care services when home care
services exceed thresholds established by the commissioner under
Minnesota Rules, parts 9505.0170 to 9505.0475;
(5) reassess the recipient's need for and level of home care services at a frequency determined by the commissioner; and
(6) conduct on-site assessments when determined necessary by the commissioner and recommend changes to care plans that will provide more efficient and appropriate home care.
(c) In addition, the commissioner or the commissioner's designee may:
(1) review care service plans and reimbursement
data for utilization of services that exceed community-based
standards for home care, inappropriate home care services,
medical necessity, home care services that do not meet quality of
care standards, or unauthorized services and make appropriate
referrals within the department or to other appropriate entities
based on the findings;
(2) assist the recipient in obtaining services necessary to allow the recipient to remain safely in or return to the community;
(3) coordinate home care services with other medical assistance services under section 256B.0625;
(4) assist the recipient with problems related to the provision of home care services; and
(5) assure the quality of home care services.
(d) For the purposes of this section, "home care services" means medical assistance services defined under section 256B.0625, subdivisions 6a, 7, and 19a.
Sec. 57. Minnesota Statutes 1994, section 256B.0911, subdivision 2, is amended to read:
Subd. 2. [PERSONS REQUIRED TO BE SCREENED; EXEMPTIONS.] All applicants to Medicaid certified nursing facilities must be screened prior to admission, regardless of income, assets, or funding sources, except the following:
(1) patients who, having entered acute care facilities from certified nursing facilities, are returning to a certified nursing facility;
(2) residents transferred from other certified nursing facilities located within the state of Minnesota;
(3) individuals who have a contractual right to have their
nursing facility care paid for indefinitely by the veteran's
administration; or
(4) individuals who are enrolled in the Ebenezer/Group Health social health maintenance organization project, or enrolled in a demonstration project under section 256B.69, subdivision 18, at the time of application to a nursing home; or
(5) individuals previously screened and currently being served under the alternative care program or under a home and community-based services waiver authorized under section 1915(c) of the Social Security Act.
Regardless of the exemptions in clauses (2) to (4), persons who have a diagnosis or possible diagnosis of mental illness, mental retardation, or a related condition must be screened before admission unless the admission prior to screening is authorized by the local mental health authority or the local developmental disabilities case manager, or unless authorized by the county agency according to Public Law Number 101-508.
Before admission to a Medicaid certified nursing home or boarding care home, all persons must be screened and approved for admission through an assessment process. The nursing facility is authorized to conduct case mix assessments which are not conducted by the county public health nurse under Minnesota Rules, part 9549.0059. The designated county agency is responsible for distributing the quality assurance and review form for all new applicants to nursing homes.
Other persons who are not applicants to nursing facilities must be screened if a request is made for a screening.
Sec. 58. Minnesota Statutes 1994, section 256B.0911, subdivision 2a, is amended to read:
Subd. 2a. [SCREENING REQUIREMENTS.] Persons may be screened by telephone or in a face-to-face consultation. The screener will identify each individual's needs according to the following categories: (1) needs no face-to-face screening; (2) needs an immediate face-to-face screening interview; or (3) needs a face-to-face screening interview after admission to a certified nursing facility or after a return home. The screener shall confer with the screening team to ensure that the health and social needs of the individual are assessed. Persons who are not admitted to a Medicaid certified nursing facility must be screened within ten working days after the date of referral. Persons admitted on a nonemergency basis to a Medicaid certified nursing facility must be screened prior to the certified nursing facility admission. Persons admitted to the Medicaid certified nursing facility from the community on an emergency basis or from an acute care facility on a nonworking day must be screened the first working day after admission and the reason for the emergency admission must be certified by the attending physician in the person's medical record.
Sec. 59. Minnesota Statutes 1994, section 256B.0911, subdivision 3, is amended to read:
Subd. 3. [PERSONS RESPONSIBLE FOR CONDUCTING THE PREADMISSION SCREENING.] (a) A local screening team shall be established by the county board of commissioners. Each local screening team shall consist of screeners who are a social worker and a public health nurse from their respective county agencies. If a county does not have a public health nurse available, it may request approval from the commissioner to assign a county registered nurse with at least one year experience in home care to participate on the team. The screening team members must confer regarding the most appropriate care for each individual screened. Two or more counties may collaborate to establish a joint local screening team or teams.
(b) In assessing a person's needs, screeners shall have a physician available for consultation and shall consider the assessment of the individual's attending physician, if any. The individual's physician shall be included if the physician chooses to participate. Other personnel may be included on the team as deemed appropriate by the county agencies.
Sec. 60. Minnesota Statutes 1994, section 256B.0911, subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF THE COUNTY AND THE SCREENING TEAM.] (a) The county shall:
(1) provide information and education to the general public regarding availability of the preadmission screening program;
(2) accept referrals from individuals, families, human service and health professionals, and hospital and nursing facility personnel;
(3) assess the health, psychological, and social needs of referred individuals and identify services needed to maintain these persons in the least restrictive environments;
(4) determine if the individual screened needs nursing facility level of care;
(5) assess specialized service needs based upon an evaluation by:
(i) a qualified independent mental health professional for persons with a primary or secondary diagnosis of a serious mental illness; and
(ii) a qualified mental retardation professional for persons with a primary or secondary diagnosis of mental retardation or related conditions. For purposes of this clause, a qualified mental retardation professional must meet the standards for a qualified mental retardation professional in Code of Federal Regulations, title 42, section 483.430;
(6) make recommendations for individuals screened regarding cost-effective community services which are available to the individual;
(7) make recommendations for individuals screened regarding nursing home placement when there are no cost-effective community services available;
(8) develop an individual's community care plan and provide follow-up services as needed; and
(9) prepare and submit reports that may be required by the commissioner of human services.
(b) The screener shall document that the most cost-effective alternatives available were offered to the individual or the individual's legal representative. For purposes of this section, "cost-effective alternatives" means community services and living arrangements that cost the same or less than nursing facility care.
(c) Screeners shall adhere to the level of care criteria for admission to a certified nursing facility established under section 144.0721.
(d) For persons who are eligible for medical assistance or who would be eligible within 180 days of admission to a nursing facility and who are admitted to a nursing facility, the nursing facility must include a screener or the case manager in the discharge planning process for those individuals who the team has determined have discharge potential. The screener or the case manager must ensure a smooth transition and follow-up for the individual's return to the community.
Screeners shall cooperate with other public and private agencies in the community, in order to offer a variety of cost-effective services to the disabled and elderly. The screeners shall encourage the use of volunteers from families, religious organizations, social clubs, and similar civic and service organizations to provide services.
Sec. 61. Minnesota Statutes 1994, section 256B.0911, subdivision 7, is amended to read:
Subd. 7. [REIMBURSEMENT FOR CERTIFIED NURSING FACILITIES.] (a) Medical assistance reimbursement for nursing facilities shall be authorized for a medical assistance recipient only if a preadmission screening has been conducted prior to admission or the local county agency has authorized an exemption. Medical assistance reimbursement for nursing facilities shall not be provided for any recipient who the local screener has determined does not meet the level of care criteria for nursing facility placement or, if indicated, has not had a level II PASARR evaluation completed unless an admission for a recipient with mental illness is approved by the local mental health authority or an admission for a recipient with mental retardation or related condition is approved by the state mental retardation authority. The county preadmission screening team may deny certified nursing facility admission using the level of care criteria established under section 144.0721 and deny medical assistance reimbursement for certified nursing facility care. Persons receiving care in a certified nursing facility or certified boarding care home who are reassessed and no longer meet the level of care criteria for a certified nursing facility or certified boarding care home may no longer remain a resident in the certified nursing facility or certified boarding care home and must be relocated to the community if the persons were admitted on or after July 1, 1996. Persons receiving services under section 256B.0913, subdivisions 1 to 14, or 256B.0915 who are reassessed and found to not meet the level of care criteria for admission to a certified nursing facility or certified boarding care home may no longer receive these services after July 1, 1996. The commissioner shall make a request to the health care financing administration for a waiver allowing screening team approval of Medicaid payments for certified nursing facility care. An individual has a choice and makes the final decision between nursing facility placement and community placement after the screening team's recommendation, except as provided in paragraphs (b) and (c).
(b) The local county mental health authority or the state mental retardation authority under Public Law Numbers 100-203 and 101-508 may prohibit admission to a nursing facility, if the individual does not meet the nursing facility level of care criteria or needs specialized services as defined in Public Law Numbers 100-203 and 101-508. For purposes of this section, "specialized services" for a person with mental retardation or a related condition means "active treatment" as that term is defined in Code of Federal Regulations, title 42, section 483.440(a)(1).
(c) Upon the receipt by the commissioner of approval by the Secretary of Health and Human Services of the waiver requested under paragraph (a), the local screener shall deny medical assistance reimbursement for nursing facility care for an individual whose long-term care needs can be met in a community-based setting and whose cost of community-based home care services is less than 75 percent of the average payment for nursing facility care for that individual's case mix classification, and who is either:
(i) a current medical assistance recipient being screened for admission to a nursing facility; or
(ii) an individual who would be eligible for medical assistance within 180 days of entering a nursing facility and who meets a nursing facility level of care.
(d) Appeals from the screening team's recommendation or the county agency's final decision shall be made according to section 256.045, subdivision 3.
Sec. 62. [256B.0912] [ALTERNATIVE CARE AND WAIVERED SERVICE PROGRAMS.]
Subdivision 1. [RESTRUCTURING PLAN.] By January 1, 1996, the commissioner shall present a plan to the legislature to restructure administration of the alternative care, elderly waiver, and disabled waiver programs. The plan must demonstrate cost neutrality and provide counties with the flexibility, authority, and accountability to administer home and community-based service programs within predetermined fixed budgets. To support this local program administration, the commissioner shall explore options with the health care financing administration to assure flexibility to expand core services within the elderly and disabled waivers as long as cost neutrality is maintained.
Subd. 2. [WAIVER PROGRAM MODIFICATIONS.] The commissioner of human services shall make the following modifications in medical assistance waiver programs, effective for services rendered after June 30, 1995, or, if necessary, after federal approval is granted:
(a) The community alternatives for disabled individuals waiver shall:
(1) if medical supplies and equipment or adaptations are or will be purchased for a waiver services recipient, allow the prorating of costs on a monthly basis throughout the year in which they are purchased. If the monthly cost of a recipient's other waivered services exceeds the monthly limit established in this paragraph, the annual cost of the waivered services shall be determined. In this event, the annual cost of waivered services shall not exceed 12 times the monthly limit calculated in this paragraph;
(2) require client reassessments once every 12 months;
(3) permit the purchase of supplies and equipment costing $150 or less without prior approval of the commissioner of human services. A county is not required to contract with a provider of supplies and equipment if the monthly cost of supplies and equipment is less than $250; and
(4) allow the implementation of care plans without the approval of the county of financial responsibility when the client receives services from another county.
(b) The traumatic brain injury waiver shall:
(1) require client reassessments once every 12 months;
(2) permit the purchase of supplies and equipment costing $250 or less without having a contract with the supplier; and
(3) allow the implementation of care plans without the approval of the county of financial responsibility when the client receives services from another county.
Sec. 63. Minnesota Statutes 1994, section 256B.0913, subdivision 4, is amended to read:
Subd. 4. [ELIGIBILITY FOR FUNDING FOR SERVICES FOR NONMEDICAL ASSISTANCE RECIPIENTS.] (a) Funding for services under the alternative care program is available to persons who meet the following criteria:
(1) the person has been screened by the county screening team or, if previously screened and served under the alternative care program, assessed by the local county social worker or public health nurse;
(2) the person is age 65 or older;
(3) the person would be financially eligible for medical assistance within 180 days of admission to a nursing facility;
(4) the person meets the asset transfer requirements of the medical assistance program;
(5) the screening team would recommend nursing facility admission or continued stay for the person if alternative care services were not available;
(6) the person needs services that are not available at that time in the county through other county, state, or federal funding sources; and
(7) the monthly cost of the alternative care services funded by the program for this person does not exceed 75 percent of the statewide average monthly medical assistance payment for nursing facility care at the individual's case mix classification to which the individual would be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059. If medical supplies and equipment or adaptations are or will be purchased for an alternative care services recipient, the costs may be prorated on a monthly basis throughout the year in which they are purchased. If the monthly cost of a recipient's other alternative care services exceeds the monthly limit established in this paragraph, the annual cost of the alternative care services shall be determined. In this event, the annual cost of alternative care services shall not exceed 12 times the monthly limit calculated in this paragraph.
(b) Individuals who meet the criteria in paragraph (a) and who have been approved for alternative care funding are called 180-day eligible clients.
(c) The statewide average payment for nursing facility care is the statewide average monthly nursing facility rate in effect on July 1 of the fiscal year in which the cost is incurred, less the statewide average monthly income of nursing facility residents who are age 65 or older and who are medical assistance recipients in the month of March of the previous fiscal year. This monthly limit does not prohibit the 180-day eligible client from paying for additional services needed or desired.
(d) In determining the total costs of alternative care services for one month, the costs of all services funded by the alternative care program, including supplies and equipment, must be included.
(e) Alternative care funding under this subdivision is not
available for a person who is a medical assistance recipient or
who would be eligible for medical assistance without a spenddown
if the person applied, unless authorized by the
commissioner. A person whose application for medical assistance
is being processed may be served under the alternative care
program for a period up to 60 days. If the individual is found
to be eligible for medical assistance, the county must bill
medical assistance from the date the individual was found
eligible for the medical assistance services provided
that are reimbursable under the elderly waiver program.
(f) Alternative care funding is not available for a person who resides in a licensed nursing home or boarding care home, except for case management services which are being provided in support of the discharge planning process.
Sec. 64. Minnesota Statutes 1994, section 256B.0913, subdivision 5, is amended to read:
Subd. 5. [SERVICES COVERED UNDER ALTERNATIVE CARE.] (a) Alternative care funding may be used for payment of costs of:
(1) adult foster care;
(2) adult day care;
(3) home health aide;
(4) homemaker services;
(5) personal care;
(6) case management;
(7) respite care;
(8) assisted living;
(9) residential care services;
(10) care-related supplies and equipment;
(11) meals delivered to the home;
(12) transportation;
(13) skilled nursing;
(14) chore services;
(15) companion services;
(16) nutrition services; and
(17) training for direct informal caregivers.
(b) The county agency must ensure that the funds are used only to supplement and not supplant services available through other public assistance or services programs.
(c) Unless specified in statute, the service standards for alternative care services shall be the same as the service standards defined in the elderly waiver. Persons or agencies must be employed by or under a contract with the county agency or the public health nursing agency of the local board of health in order to receive funding under the alternative care program.
(d) The adult foster care rate shall be considered a difficulty of care payment and shall not include room and board. The adult foster care daily rate shall be negotiated between the county agency and the foster care provider. The rate established under this section shall not exceed 75 percent of the state average monthly nursing home payment for the case mix classification to which the individual receiving foster care is assigned, and it must allow for other alternative care services to be authorized by the case manager.
(e) Personal care services may be provided by a personal care provider organization. A county agency may contract with a relative of the client to provide personal care services, but must ensure nursing supervision. Covered personal care services defined in section 256B.0627, subdivision 4, must meet applicable standards in Minnesota Rules, part 9505.0335.
(f) Costs for supplies and equipment that exceed $150 per item per month must have prior approval from the commissioner. A county may use alternative care funds to purchase supplies and equipment from a non-Medicaid certified vendor if the cost for the items is less than that of a Medicaid vendor. A county is not required to contract with a provider of supplies and equipment if the monthly cost of the supplies and equipment is less than $250.
(g) For purposes of this section, residential care services are services which are provided to individuals living in residential care homes. Residential care homes are currently licensed as board and lodging establishments and are registered with the department of health as providing special services. Residential care services are defined as "supportive services" and "health-related services." "Supportive services" means the provision of up to 24-hour supervision and oversight. Supportive services includes: (1) transportation, when provided by the residential care center only; (2) socialization, when socialization is part of the plan of care, has specific goals and outcomes established, and is not diversional or recreational in nature; (3) assisting clients in setting up meetings and appointments; (4) assisting clients in setting up medical and social services; (5) providing assistance with personal laundry, such as carrying the client's laundry to the laundry room. Assistance with personal laundry does not include any laundry, such as bed linen, that is included in the room and board rate. Health-related services are limited to minimal assistance with dressing, grooming, and bathing and providing reminders to residents to take medications that are self-administered or providing storage for medications, if requested. Individuals receiving residential care services cannot receive both personal care services and residential care services.
(h) For the purposes of this section, "assisted living" refers to supportive services provided by a single vendor to clients who reside in the same apartment building of three or more units. Assisted living services are defined as up to 24-hour supervision, and oversight, supportive services as defined in clause (1), individualized home care aide tasks as defined in clause (2), and individualized home management tasks as defined in clause (3) provided to residents of a residential center living in their units or apartments with a full kitchen and bathroom. A full kitchen includes a stove, oven, refrigerator, food preparation counter space, and a kitchen utensil storage compartment. Assisted living services must be provided by the management of the residential center or by providers under contract with the management or with the county.
(1) Supportive services include:
(i) socialization, when socialization is part of the plan of care, has specific goals and outcomes established, and is not diversional or recreational in nature;
(ii) assisting clients in setting up meetings and appointments; and
(iii) providing transportation, when provided by the residential center only.
Individuals receiving assisted living services will not receive both assisted living services and homemaking or personal care services. Individualized means services are chosen and designed specifically for each resident's needs, rather than provided or offered to all residents regardless of their illnesses, disabilities, or physical conditions.
(2) Home care aide tasks means:
(i) preparing modified diets, such as diabetic or low sodium diets;
(ii) reminding residents to take regularly scheduled medications or to perform exercises;
(iii) household chores in the presence of technically sophisticated medical equipment or episodes of acute illness or infectious disease;
(iv) household chores when the resident's care requires the prevention of exposure to infectious disease or containment of infectious disease; and
(v) assisting with dressing, oral hygiene, hair care, grooming, and bathing, if the resident is ambulatory, and if the resident has no serious acute illness or infectious disease. Oral hygiene means care of teeth, gums, and oral prosthetic devices.
(3) Home management tasks means:
(i) housekeeping;
(ii) laundry;
(iii) preparation of regular snacks and meals; and
(iv) shopping.
A person's eligibility to reside in the building must not be
contingent on the person's acceptance or use of the assisted
living services. Assisted living services as defined in this
section shall not be authorized in boarding and lodging
establishments licensed according to sections 157.01 to
157.031.
(i) For the purposes of this section, reimbursement for
assisted living services and residential care services shall be
made by the lead agency to the vendor as a monthly rate
negotiated with and authorized by the county
agency. The rate shall not exceed the nonfederal share of the
greater of either the statewide or any of the geographic groups'
weighted average monthly medical assistance nursing facility
payment rate of the case mix resident class to which the 180-day
eligible client would be assigned under Minnesota Rules, parts
9549.0050 to 9549.0059, except. For alternative
care assisted living projects established under Laws 1988,
chapter 689, article 2, section 256, whose monthly
rates may not exceed 65 percent of either the greater
of either statewide or any of the geographic groups' weighted
average monthly medical assistance nursing facility payment rate
of the case mix resident class to which the 180-day eligible
client would be assigned under Minnesota Rules, parts 9549.0050
to 9549.0059. The rate may not cover rent and direct food
costs.
(i) (j) For purposes of this section, companion
services are defined as nonmedical care, supervision and
oversight, provided to a functionally impaired adult. Companions
may assist the individual with such tasks as meal preparation,
laundry and shopping, but do not perform these activities as
discrete services. The provision of companion services does not
entail hands-on medical care. Providers may also perform light
housekeeping tasks which are incidental to the care and
supervision of the recipient. This service must be approved by
the case manager as part of the care plan. Companion services
must be provided by individuals or nonprofit organizations who
are under contract with the local agency to provide the service.
Any person related to the waiver recipient by blood, marriage or
adoption cannot be reimbursed under this service. Persons
providing companion services will be monitored by the case
manager.
(j) (k) For purposes of this section, training
for direct informal caregivers is defined as a classroom or home
course of instruction which may include: transfer and lifting
skills, nutrition, personal and physical cares, home safety in a
home environment, stress reduction and management, behavioral
management, long-term care decision making, care coordination and
family dynamics. The training is provided to an informal unpaid
caregiver of a 180-day eligible client which enables the
caregiver to deliver care in a home setting with high levels of
quality. The training must be approved by the case manager as
part of the individual care plan. Individuals, agencies, and
educational facilities which provide caregiver training and
education will be monitored by the case manager.
Sec. 65. Minnesota Statutes 1994, section 256B.0913, subdivision 8, is amended to read:
Subd. 8. [REQUIREMENTS FOR INDIVIDUAL CARE PLAN.] (a)
The case manager shall implement the plan of care for each
180-day eligible client and ensure that a client's service needs
and eligibility are reassessed at least every six
12 months. The plan shall include any services prescribed
by the individual's attending physician as necessary to allow the
individual to remain in a community setting. In developing the
individual's care plan, the case manager should include the use
of volunteers from families and neighbors, religious
organizations, social clubs, and civic and service organizations
to support the formal home care services. The county shall be
held harmless for damages or injuries sustained through the use
of volunteers under this subdivision including workers'
compensation liability. The lead agency shall provide
documentation to the commissioner verifying that the individual's
alternative care is not available at that time through any other
public assistance or service program. The lead agency shall
provide documentation in each individual's plan of care and to
the commissioner that the most cost-effective alternatives
available have been offered to the individual and that the
individual was free to choose among available qualified
providers, both public and private. The case manager must give
the individual a ten-day written notice of any decrease in or
termination of alternative care services.
(b) If the county administering alternative care services is different than the county of financial responsibility, the care plan may be implemented without the approval of the county of financial responsibility.
Sec. 66. Minnesota Statutes 1994, section 256B.0913, subdivision 12, is amended to read:
Subd. 12. [CLIENT PREMIUMS.] (a) A premium is required for all 180-day eligible clients to help pay for the cost of participating in the program. The amount of the premium for the alternative care client shall be determined as follows:
(1) when the alternative care client's income less recurring and predictable medical expenses is greater than the medical assistance income standard but less than 150 percent of the federal poverty guideline, and total assets are less than $6,000, the fee is zero;
(2) when the alternative care client's income less recurring and predictable medical expenses is greater than 150 percent of the federal poverty guideline, and total assets are less than $6,000, the fee is 25 percent of the cost of alternative care services or the difference between 150 percent of the federal poverty guideline and the client's income less recurring and predictable medical expenses, whichever is less; and
(3) when the alternative care client's total assets are greater than $6,000, the fee is 25 percent of the cost of alternative care services.
For married persons, total assets are defined as the total marital assets less the estimated community spouse asset allowance, under section 256B.059, if applicable. For married persons, total income is defined as the client's income less the monthly spousal allotment, under section 256B.058.
All alternative care services except case management shall be included in the estimated costs for the purpose of determining 25 percent of the costs.
The monthly premium shall be calculated and be payable in
the based on the cost of the first full month in
which the of alternative care services begin
and shall continue unaltered for six months until the
semiannual reassessment unless the actual cost of services falls
below the fee until the next reassessment is completed or
at the end of 12 months, whichever comes first. Premiums are due
and payable each month alternative care services are received
unless the actual cost of the services is less than the
premium.
(b) The fee shall be waived by the commissioner when:
(1) a person who is residing in a nursing facility is receiving case management only;
(2) a person is applying for medical assistance;
(3) a married couple is requesting an asset assessment under the spousal impoverishment provisions;
(4) a person is a medical assistance recipient, but has been approved for alternative care-funded assisted living services;
(5) a person is found eligible for alternative care, but is not yet receiving alternative care services; or
(6) a person is an adult foster care resident for whom
alternative care funds are being used to meet a portion of the
person's medical assistance spenddown, as authorized in
subdivision 4; and
(7) a person's fee under paragraph (a) is less than
$25.
(c) The county agency must collect the premium from the client and forward the amounts collected to the commissioner in the manner and at the times prescribed by the commissioner. Money collected must be deposited in the general fund and is appropriated to the commissioner for the alternative care program. The client must supply the county with the client's social security number at the time of application. If a client fails or refuses to pay the premium due, the county shall supply the commissioner with the client's social security number and other information the commissioner requires to collect the premium from the client. The commissioner shall collect unpaid premiums using the revenue recapture act in chapter 270A and other methods available to the commissioner. The commissioner may require counties to inform clients of the collection procedures that may be used by the state if a premium is not paid.
(d) The commissioner shall begin to adopt emergency or permanent rules governing client premiums within 30 days after July 1, 1991, including criteria for determining when services to a client must be terminated due to failure to pay a premium.
Sec. 67. Minnesota Statutes 1994, section 256B.0913, subdivision 14, is amended to read:
Subd. 14. [REIMBURSEMENT AND RATE ADJUSTMENTS.] (a)
Reimbursement for expenditures for the alternative care services
as approved by the client's case manager shall be through
the invoice processing procedures of the department's Medicaid
Management Information System (MMIS), only with the approval
of the client's case manager. To receive reimbursement, the
county or vendor must submit invoices within 120 days
12 months following the month date of
service. The county agency and its vendors under contract shall
not be reimbursed for services which exceed the county
allocation.
(b) If a county collects less than 50 percent of the client premiums due under subdivision 12, the commissioner may withhold up to three percent of the county's final alternative care program allocation determined under subdivisions 10 and 11.
(c) Beginning July 1, 1991, the state will reimburse counties, up to the limits of state appropriations, according to the payment schedule in section 256.025 for the county share of costs incurred under this subdivision on or after January 1, 1991, for individuals who would be eligible for medical assistance within 180 days of admission to a nursing home.
(d) For fiscal years beginning on or after July 1, 1993, the commissioner of human services shall not provide automatic annual inflation adjustments for alternative care services. The commissioner of finance shall include as a budget change request in each biennial detailed expenditure budget submitted to the legislature under section 16A.11 annual adjustments in reimbursement rates for alternative care services based on the forecasted percentage change in the Home Health Agency Market Basket of Operating Costs, for the fiscal year beginning July 1, compared to the previous fiscal year, unless otherwise adjusted by statute. The Home Health Agency Market Basket of Operating Costs is published by Data Resources, Inc. The forecast to be used is the one published for the calendar quarter beginning January 1, six months prior to the beginning of the fiscal year for which rates are set.
(e) The county shall negotiate individual rates with vendors and may be reimbursed for actual costs up to the greater of the county's current approved rate or 60 percent of the maximum rate in fiscal year 1994 and 65 percent of the maximum rate in fiscal year 1995 for each alternative care service. Notwithstanding any other rule or statutory provision to the contrary, the commissioner shall not be authorized to increase rates by an annual inflation factor, unless so authorized by the legislature.
(f) On July 1, 1993, the commissioner shall increase the maximum rate for home delivered meals to $4.50 per meal.
Sec. 68. Minnesota Statutes 1994, section 256B.0913, is amended by adding a subdivision to read:
Subd. 15. [SERVICE ALLOWANCE FUND AVAILABILITY.] (a) Effective July 1, 1996, the commissioner may use alternative care funds for services to high function class A persons as defined in section 144.0721, subdivision 3, clause (2). The county alternative care grant allocation will be supplemented with a special allocation amount based on the projected number of eligible high function class A's and computed on the basis of $240 per month per projected eligible person. Individual monthly expenditures under the service allowance option are permitted to be either greater or less than the amount of $240 per month based on individual need. County allocations shall be adjusted periodically based on the actual provision of services to high function class A persons.
(b) Counties shall have the option of providing services, cash service allowances, vouchers, or a combination of these options to high function class A persons defined in section 144.0721, subdivision 3, clause (2). High function class A persons may choose services from among the categories of services listed under section 256B.0913, subdivision 5, except for case management services.
(c) If the allocation to a county is not sufficient to serve all persons who qualify for alternative care services, the county is not required to provide any alternative care services to a high function class A person but shall establish a waiting list to provide services as funding becomes available.
Sec. 69. Minnesota Statutes 1994, section 256B.0913, is amended by adding a subdivision to read:
Subd. 15a. [REIMBURSEMENT RATE; ANOKA COUNTY.] Notwithstanding subdivision 14, paragraph (e), or any other law to the contrary, for services rendered on or after January 1, 1996, Anoka county may pay vendors, and the commissioner shall reimburse the county, for actual costs up to the rate in effect on December 31, 1995, plus half the difference between that rate and the maximum allowed state rate for home health aide and homemaker services.
Sec. 70. Minnesota Statutes 1994, section 256B.0915, subdivision 2, is amended to read:
Subd. 2. [SPOUSAL IMPOVERISHMENT POLICIES.] The commissioner
shall seek to amend the federal waiver and the medical assistance
state plan to allow spousal impoverishment criteria as authorized
in Code of Federal Regulations, title 42, section
435.726(1924) under United States Code, title 42, section
1396r-5, and as implemented in sections 256B.0575, 256B.058,
and 256B.059 to be applied to persons who are screened and
determined to need a nursing facility level of care,
except that the amendment shall seek to add to the personal needs
allowance permitted in section 256B.0575, an amount equivalent to
the group residential housing rate as set by section 256I.03,
subdivision 5.
Sec. 71. Minnesota Statutes 1994, section 256B.0915, subdivision 3, is amended to read:
Subd. 3. [LIMITS OF CASES, RATES, REIMBURSEMENT, AND FORECASTING.] (a) The number of medical assistance waiver recipients that a county may serve must be allocated according to the number of medical assistance waiver cases open on July 1 of each fiscal year. Additional recipients may be served with the approval of the commissioner.
(b) The monthly limit for the cost of waivered services to an individual waiver client shall be the statewide average payment rate of the case mix resident class to which the waiver client would be assigned under the medical assistance case mix reimbursement system. If medical supplies and equipment or adaptations are or will be purchased for an elderly waiver services recipient, the costs may be prorated on a monthly basis throughout the year in which they are purchased. If the monthly cost of a recipient's other waivered services exceeds the monthly limit established in this paragraph, the annual cost of the waivered services shall be determined. In this event, the annual cost of waivered services shall not exceed 12 times the monthly limit calculated in this paragraph. The statewide average payment rate is calculated by determining the statewide average monthly nursing home rate, effective July 1 of the fiscal year in which the cost is incurred, less the statewide average monthly income of nursing home residents who are age 65 or older, and who are medical assistance recipients in the month of March of the previous state fiscal year. The annual cost divided by 12 of elderly or disabled waivered services for a person who is a nursing facility resident at the time of requesting a determination of eligibility for elderly or disabled waivered services shall not exceed the monthly payment for the resident class assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, for that resident in the nursing facility where the resident currently resides. The following costs must be included in determining the total monthly costs for the waiver client:
(1) cost of all waivered services, including extended medical supplies and equipment; and
(2) cost of skilled nursing, home health aide, and personal care services reimbursable by medical assistance.
(c) Medical assistance funding for skilled nursing services, home health aide, and personal care services for waiver recipients must be approved by the case manager and included in the individual care plan.
(d) Expenditures for extended medical supplies and equipment that cost over $150 per month for both the elderly waiver and the disabled waiver must have the commissioner's prior approval. A county is not required to contract with a provider of supplies and equipment if the monthly cost of the supplies and equipment is less than $250.
(e) For the fiscal year beginning on July 1, 1993, and for subsequent fiscal years, the commissioner of human services shall not provide automatic annual inflation adjustments for home and community-based waivered services. The commissioner of finance shall include as a budget change request in each biennial detailed expenditure budget submitted to the legislature under section 16A.11, annual adjustments in reimbursement rates for home and community-based waivered services, based on the forecasted percentage change in the Home Health Agency Market Basket of Operating Costs, for the fiscal year beginning July 1, compared to the previous fiscal year, unless otherwise adjusted by statute. The Home Health Agency Market Basket of Operating Costs is published by Data Resources, Inc. The forecast to be used is the one published for the calendar quarter beginning January 1, six months prior to the beginning of the fiscal year for which rates are set. The adult foster care rate shall be considered a difficulty of care payment and shall not include room and board.
(f) The adult foster care daily rate for the elderly and
disabled waivers shall be negotiated between the county agency
and the foster care provider. The rate established under this
section shall not exceed the state average monthly nursing home
payment for the case mix classification to which the individual
receiving foster care is assigned, and it; the rate
must allow for other waiver and medical assistance home care
services to be authorized by the case manager.
(g) The assisted living and residential care service rates for
elderly and disabled community alternatives for
disabled individuals (CADI) waivers shall be made to the
vendor as a monthly rate negotiated with the county agency. The
rate shall not exceed the nonfederal share of the greater of
either the statewide or any of the geographic groups' weighted
average monthly medical assistance nursing facility payment rate
of the case mix resident class to which the elderly or disabled
client would be assigned under Minnesota Rules, parts 9549.0050
to 9549.0059, except. For alternative care
assisted living projects established under Laws 1988, chapter
689, article 2, section 256, whose monthly rates
may not exceed 65 percent of the greater of either the statewide
or any of the geographic groups' weighted average monthly medical
assistance nursing facility payment rate for the case mix
resident class to which the elderly or disabled client would be
assigned under Minnesota Rules, parts 9549.0050 to 9549.0059.
The rate may not cover direct rent or food costs.
(h) The county shall negotiate individual rates with vendors and may be reimbursed for actual costs up to the greater of the county's current approved rate or 60 percent of the maximum rate in fiscal year 1994 and 65 percent of the maximum rate in fiscal year 1995 for each service within each program.
(i) On July 1, 1993, the commissioner shall increase the maximum rate for home-delivered meals to $4.50 per meal.
(j) Reimbursement for the medical assistance recipients under the approved waiver shall be made from the medical assistance account through the invoice processing procedures of the department's Medicaid Management Information System (MMIS), only with the approval of the client's case manager. The budget for the state share of the Medicaid expenditures shall be forecasted with the medical assistance budget, and shall be consistent with the approved waiver.
(k) Beginning July 1, 1991, the state shall reimburse counties according to the payment schedule in section 256.025 for the county share of costs incurred under this subdivision on or after January 1, 1991, for individuals who are receiving medical assistance.
Sec. 72. Minnesota Statutes 1994, section 256B.0915, is amended by adding a subdivision to read:
Subd. 3a. [REIMBURSEMENT RATE; ANOKA COUNTY.] Notwithstanding subdivision 3, paragraph (h), or any other law to the contrary, for services rendered on or after January 1, 1996, Anoka county may pay vendors, and the commissioner shall reimburse the county, for actual costs up to the rate in effect on December 31, 1995, plus half the difference between that rate and the maximum allowed state rate for home health aide and homemaker services.
Sec. 73. Minnesota Statutes 1994, section 256B.0915, subdivision 5, is amended to read:
Subd. 5. [REASSESSMENTS FOR WAIVER CLIENTS.] A reassessment of
a client served under the elderly or disabled waiver must be
conducted at least every six 12 months and at other
times when the case manager determines that there has been
significant change in the client's functioning. This may include
instances where the client is discharged from the hospital.
Sec. 74. Minnesota Statutes 1994, section 256B.0915, is amended by adding a subdivision to read:
Subd. 6. [IMPLEMENTATION OF CARE PLAN.] If the county administering waivered services is different than the county of financial responsibility, the care plan may be implemented without the approval of the county of financial responsibility.
Sec. 75. Minnesota Statutes 1994, section 256B.093, subdivision 1, is amended to read:
Subdivision 1. [STATE TRAUMATIC BRAIN INJURY PROGRAM.] The commissioner of human services shall:
(1) establish and maintain a statewide traumatic
brain injury program;
(2) designate a full-time position to supervise and
coordinate services and policies for persons with traumatic
brain injuries;
(3) contract with qualified agencies or employ staff to provide statewide administrative case management and consultation;
(4) establish maintain an advisory committee to
provide recommendations in a report reports to the
commissioner regarding program and service needs of persons with
traumatic brain injuries. The advisory committee shall consist
of no less than ten members and no more than 30 members. The
commissioner shall appoint all advisory committee members to one-
or two-year terms and appoint one member as chair; and
(5) investigate the need for the development of rules or
statutes for:
(i) the traumatic brain injury home and
community-based services waiver; and
(ii) traumatic brain injury services not covered by any
other statute or rule (6) investigate present and
potential models of service coordination which can be delivered
at the local level.
Sec. 76. Minnesota Statutes 1994, section 256B.093, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] Persons eligible for traumatic brain
injury administrative case management and consultation
must be eligible medical assistance recipients who have traumatic
or certain acquired brain injury and:
(1) are at risk of institutionalization; or
(2) exceed limits established by the commissioner in section
256B.0627, subdivision 5, paragraph (b).
Sec. 77. Minnesota Statutes 1994, section 256B.093, subdivision 3, is amended to read:
Subd. 3. [TRAUMATIC BRAIN INJURY PROGRAM DUTIES.] The department shall fund administrative case management under this subdivision using medical assistance administrative funds. The traumatic brain injury program duties include:
(1) assessing the person's individual needs for services
required to prevent institutionalization;
(2) ensuring that a care plan that addresses the person's
needs is developed, implemented, and monitored on an ongoing
basis by the appropriate agency or individual;
(3) assisting the person in obtaining services necessary to
allow the person to remain in the community;
(4) coordinating home care services with other medical
assistance services under section 256B.0625;
(5) ensuring appropriate, accessible, and cost-effective
medical assistance services;
(6) recommending to the commissioner the approval or denial
of the use of medical assistance funds to pay for home care
services when home care services exceed thresholds established by
the commissioner under section 256B.0627;
(7) assisting the person with problems related to the
provision of home care services;
(8) ensuring the quality of home care services;
(9) reassessing the person's need for and level of home care
services at a frequency determined by the commissioner;
(10) (1) recommending to the commissioner the
approval or denial of medical assistance funds to pay for
out-of-state placements for traumatic brain injury services and
in-state traumatic brain injury services provided by designated
Medicare long-term care hospitals;
(11) (2) coordinating the traumatic brain injury
home and community-based waiver; and
(12) (3) approving traumatic brain injury waiver
eligibility or care plans or both;
(4) providing ongoing technical assistance and consultation to county and facility case managers to facilitate care plan development for appropriate, accessible, and cost-effective medical assistance services;
(5) providing technical assistance to promote statewide development of appropriate, accessible, and cost-effective medical assistance services and related policy;
(6) providing training and outreach to facilitate access to appropriate home and community-based services to prevent institutionalization;
(7) facilitating appropriate admissions, continued stay review, discharges, and utilization review for neurobehavioral hospitals and other specialized institutions;
(8) providing technical assistance on the use of prior authorization of home care services and coordination of these services with other medical assistance services;
(9) developing a system for identification of nursing facility and hospital residents with traumatic brain injury to assist in long-term planning for medical assistance services. Factors will include, but are not limited to, number of individuals served, length of stay, services received, and barriers to community placement; and
(10) providing information, referral, and case consultation to access medical assistance services for recipients without a county or facility case manager. Direct access to this assistance may be limited due to the structure of the program.
Sec. 78. Minnesota Statutes 1994, section 256B.093, is amended by adding a subdivision to read:
Subd. 3a. [TRAUMATIC BRAIN INJURY CASE MANAGEMENT SERVICES.] The annual appropriation established under section 171.29, subdivision 2, paragraph (b), clause (5), shall be used for traumatic brain injury program services that include, but are not limited to:
(1) collaborating with counties, providers, and other public and private organizations to expand and strengthen local capacity for delivering needed services and supports, including efforts to increase access to supportive residential housing options;
(2) participating in planning and accessing services not otherwise covered in subdivision 3 to allow individuals to attain and maintain community-based services;
(3) providing information, referral, and case consultation to access health and human services for persons with traumatic brain injury not eligible for medical assistance, though direct access to this assistance may be limited due to the structure of the program; and
(4) collaborating on injury prevention efforts.
Sec. 79. Minnesota Statutes 1994, section 256B.15, subdivision 1a, is amended to read:
Subd. 1a. [ESTATES SUBJECT TO CLAIMS.] If a person receives any medical assistance hereunder, on the person's death, if single, or on the death of the survivor of a married couple, either or both of whom received medical assistance, the total amount paid for medical assistance rendered for the person and spouse shall be filed as a claim against the estate of the person or the estate of the surviving spouse in the court having jurisdiction to probate the estate.
A claim shall be filed if medical assistance was rendered for either or both persons under one of the following circumstances:
(a) the person was over 65 55 years of age, and
received services under this chapter, excluding alternative
care;
(b) the person resided in a medical institution for six months or longer, received services under this chapter excluding alternative care, and, at the time of institutionalization or application for medical assistance, whichever is later, the person could not have reasonably been expected to be discharged and returned home, as certified in writing by the person's treating physician. For purposes of this section only, a "medical institution" means a skilled nursing facility, intermediate care facility, intermediate care facility for persons with mental retardation, nursing facility, or inpatient hospital; or
(c) the person received general assistance medical care services under chapter 256D.
The claim shall be considered an expense of the last illness of the decedent for the purpose of section 524.3-805. Any statute of limitations that purports to limit any county agency or the state agency, or both, to recover for medical assistance granted hereunder shall not apply to any claim made hereunder for reimbursement for any medical assistance granted hereunder. Notice of the claim shall be given to all heirs and devisees of the decedent whose identity can be ascertained with reasonable diligence. The notice must include procedures and instructions for making an application for a hardship waiver under subdivision 5; time frames for submitting an application and determination; and information regarding appeal rights and procedures. Counties are entitled to one-half of the nonfederal share of medical assistance collections from estates that are directly attributable to county effort.
Sec. 80. Minnesota Statutes 1994, section 256B.15, subdivision 2, is amended to read:
Subd. 2. [LIMITATIONS ON CLAIMS.] The claim shall include only
the total amount of medical assistance rendered after age
65 55 or during a period of institutionalization
described in subdivision 1a, clause (b), and the total amount of
general assistance medical care rendered, and shall not include
interest. Claims that have been allowed but not paid shall bear
interest according to section 524.3-806, paragraph (d). A claim
against the estate of a surviving spouse who did not receive
medical assistance, for medical assistance rendered for the
predeceased spouse, is limited to the value of the assets of the
estate that were marital property or jointly owned property at
any time during the marriage.
Sec. 81. Minnesota Statutes 1994, section 256B.15, is amended by adding a subdivision to read:
Subd. 5. [UNDUE HARDSHIP.] Any person entitled to notice in subdivision 1a has a right to apply for waiver of the claim based upon undue hardship. Any claim pursuant to this section may be fully or partially waived because of undue hardship. Undue hardship does not include action taken by the decedent which divested or diverted assets in order to avoid estate recovery. Any waiver of a claim must benefit the person claiming undue hardship.
Sec. 82. Minnesota Statutes 1994, section 256B.19, subdivision 1b, is amended to read:
Subd. 1b. [PORTION OF NONFEDERAL SHARE TO BE PAID BY GOVERNMENT HOSPITALS.] (a) In addition to the percentage contribution paid by a county under subdivision 1, the governmental units designated in this subdivision shall be responsible for an additional portion of the nonfederal share of medical assistance costs attributable to them. For purposes of this subdivision, "designated governmental unit" means Hennepin county and the University of Minnesota. For purposes of this subdivision, "public hospital" means the Hennepin County Medical Center and the University of Minnesota hospital.
(b) From July 1, 1993 through June 30, 1994, Hennepin county shall on a monthly basis transfer an amount equal to 1.8 percent of the public hospital's net patient revenues, excluding net Medicare revenue to the state Medicaid agency.
(c) Effective July 1, 1994, each of the governmental units designated in paragraph (a) shall on a monthly basis transfer an amount equal to 1.8 percent of the public hospital's net patient revenues, excluding net Medicare revenue, to the state Medicaid agency. The base year for determining this transfer amount shall be established according to section 256.9657, subdivision 4.
(d) These sums shall be part of the designated governmental unit's portion of the nonfederal share of medical assistance costs, but shall not be subject to payback provisions of section 256.025.
Sec. 83. Minnesota Statutes 1994, section 256B.19, subdivision 1c, is amended to read:
Subd. 1c. [ADDITIONAL PORTION OF NONFEDERAL SHARE.] In
addition to any payment required under subdivision 1b, Hennepin
county and the University of Minnesota shall be
responsible for a monthly transfer payment of $1,000,000
$1,500,000, due before noon on the 15th of each month
and the University of Minnesota shall be responsible for a
monthly transfer payment of $500,000 due before noon on the 15th
of each month, beginning July 15, 1993 1995.
These sums shall be part of the designated governmental unit's
portion of the nonfederal share of medical assistance costs, but
shall not be subject to payback provisions of section 256.025.
Sec. 84. Minnesota Statutes 1994, section 256B.19, subdivision 1d, is amended to read:
Subd. 1d. [PORTION OF NONFEDERAL SHARE TO BE PAID BY CERTAIN
COUNTIES.] In addition to the percentage contribution paid by a
county under subdivision 1, the governmental units designated in
this subdivision shall be responsible for an additional portion
of the nonfederal share of medical assistance cost. For purposes
of this subdivision, "designated governmental unit" means the
counties of Becker, Beltrami, Clearwater, Cook, Dodge, Hubbard,
Itasca, Lake, Mahnomen, Pennington, Pipestone, Ramsey, St.
Louis, Steele, Todd, Traverse, and Wadena.
Beginning in 1994, each of the governmental units designated in this subdivision shall transfer before noon on May 31 to the state Medicaid agency an amount equal to the number of licensed beds in any nursing home owned and operated by the county, with the county named as licensee, multiplied by $5,723. If two or more counties own and operate a nursing home, the payment shall be prorated. These sums shall be part of the designated governmental unit's portion of the nonfederal share of medical assistance costs, but shall not be subject to payback provisions of section 256.025.
Sec. 85. Minnesota Statutes 1994, section 256B.431, subdivision 2b, is amended to read:
Subd. 2b. [OPERATING COSTS, AFTER JULY 1, 1985.] (a) For rate years beginning on or after July 1, 1985, the commissioner shall establish procedures for determining per diem reimbursement for operating costs.
(b) The commissioner shall contract with an econometric firm with recognized expertise in and access to national economic change indices that can be applied to the appropriate cost categories when determining the operating cost payment rate.
(c) The commissioner shall analyze and evaluate each nursing facility's cost report of allowable operating costs incurred by the nursing facility during the reporting year immediately preceding the rate year for which the payment rate becomes effective.
(d) The commissioner shall establish limits on actual allowable historical operating cost per diems based on cost reports of allowable operating costs for the reporting year that begins October 1, 1983, taking into consideration relevant factors including resident needs, geographic location, size of the nursing facility, and the costs that must be incurred for the care of residents in an efficiently and economically operated nursing facility. In developing the geographic groups for purposes of reimbursement under this section, the commissioner shall ensure that nursing facilities in any county contiguous to the Minneapolis-St. Paul seven-county metropolitan area are included in the same geographic group. The limits established by the commissioner shall not be less, in the aggregate, than the 60th percentile of total actual allowable historical operating cost per diems for each group of nursing facilities established under subdivision 1 based on cost reports of allowable operating costs in the previous reporting year. For rate years beginning on or after July 1, 1989, facilities located in geographic group I as described in Minnesota Rules, part 9549.0052, on January 1, 1989, may choose to have the commissioner apply either the care related limits or the other operating cost limits calculated for facilities located in geographic group II, or both, if either of the limits calculated for the group II facilities is higher. The efficiency incentive for geographic group I nursing facilities must be calculated based on geographic group I limits. The phase-in must be established utilizing the chosen limits. For purposes of these exceptions to the geographic grouping requirements, the definitions in Minnesota Rules, parts 9549.0050
to 9549.0059 (Emergency), and 9549.0010 to 9549.0080, apply. The limits established under this paragraph remain in effect until the commissioner establishes a new base period. Until the new base period is established, the commissioner shall adjust the limits annually using the appropriate economic change indices established in paragraph (e). In determining allowable historical operating cost per diems for purposes of setting limits and nursing facility payment rates, the commissioner shall divide the allowable historical operating costs by the actual number of resident days, except that where a nursing facility is occupied at less than 90 percent of licensed capacity days, the commissioner may establish procedures to adjust the computation of the per diem to an imputed occupancy level at or below 90 percent. The commissioner shall establish efficiency incentives as appropriate. The commissioner may establish efficiency incentives for different operating cost categories. The commissioner shall consider establishing efficiency incentives in care related cost categories. The commissioner may combine one or more operating cost categories and may use different methods for calculating payment rates for each operating cost category or combination of operating cost categories. For the rate year beginning on July 1, 1985, the commissioner shall:
(1) allow nursing facilities that have an average length of stay of 180 days or less in their skilled nursing level of care, 125 percent of the care related limit and 105 percent of the other operating cost limit established by rule; and
(2) exempt nursing facilities licensed on July 1, 1983, by the commissioner to provide residential services for the physically handicapped under Minnesota Rules, parts 9570.2000 to 9570.3600, from the care related limits and allow 105 percent of the other operating cost limit established by rule.
For the purpose of calculating the other operating cost efficiency incentive for nursing facilities referred to in clause (1) or (2), the commissioner shall use the other operating cost limit established by rule before application of the 105 percent.
(e) The commissioner shall establish a composite index or indices by determining the appropriate economic change indicators to be applied to specific operating cost categories or combination of operating cost categories.
(f) Each nursing facility shall receive an operating cost payment rate equal to the sum of the nursing facility's operating cost payment rates for each operating cost category. The operating cost payment rate for an operating cost category shall be the lesser of the nursing facility's historical operating cost in the category increased by the appropriate index established in paragraph (e) for the operating cost category plus an efficiency incentive established pursuant to paragraph (d) or the limit for the operating cost category increased by the same index. If a nursing facility's actual historic operating costs are greater than the prospective payment rate for that rate year, there shall be no retroactive cost settle-up. In establishing payment rates for one or more operating cost categories, the commissioner may establish separate rates for different classes of residents based on their relative care needs.
(g) The commissioner shall include the reported actual real estate tax liability or payments in lieu of real estate tax of each nursing facility as an operating cost of that nursing facility. Allowable costs under this subdivision for payments made by a nonprofit nursing facility that are in lieu of real estate taxes shall not exceed the amount which the nursing facility would have paid to a city or township and county for fire, police, sanitation services, and road maintenance costs had real estate taxes been levied on that property for those purposes. For rate years beginning on or after July 1, 1987, the reported actual real estate tax liability or payments in lieu of real estate tax of nursing facilities shall be adjusted to include an amount equal to one-half of the dollar change in real estate taxes from the prior year. The commissioner shall include a reported actual special assessment, and reported actual license fees required by the Minnesota department of health, for each nursing facility as an operating cost of that nursing facility. For rate years beginning on or after July 1, 1989, the commissioner shall include a nursing facility's reported public employee retirement act contribution for the reporting year as apportioned to the care-related operating cost categories and other operating cost categories multiplied by the appropriate composite index or indices established pursuant to paragraph (e) as costs under this paragraph. Total adjusted real estate tax liability, payments in lieu of real estate tax, actual special assessments paid, the indexed public employee retirement act contribution, and license fees paid as required by the Minnesota department of health, for each nursing facility (1) shall be divided by actual resident days in order to compute the operating cost payment rate for this operating cost category, (2) shall not be used to compute the care-related operating cost limits or other operating cost limits established by the commissioner, and (3) shall not be increased by the composite index or indices established pursuant to paragraph (e), unless otherwise indicated in this paragraph.
(h) For rate years beginning on or after July 1, 1987, the commissioner shall adjust the rates of a nursing facility that meets the criteria for the special dietary needs of its residents and the requirements in section 31.651. The adjustment for raw food cost shall be the difference between the nursing facility's allowable historical raw food cost per diem and 115 percent of the median historical allowable raw food cost per diem of the corresponding geographic group.
The rate adjustment shall be reduced by the applicable phase-in percentage as provided under subdivision 2h.
(i) For the cost report year ending September 30, 1996, and for all subsequent reporting years, certified nursing facilities must identify, differentiate, and record resident day statistics for residents in case mix classification A who, on or after July 1, 1996, meet the modified level of care criteria in section 144.0721. The resident day statistics shall be separated into case mix classification A-1 for any resident day meeting the high-function class A level of care criteria and case mix classification A-2 for other case mix class A resident days.
Sec. 86. Minnesota Statutes 1994, section 256B.431, subdivision 23, is amended to read:
Subd. 23. [COUNTY NURSING HOME PAYMENT ADJUSTMENTS.] (a) Beginning in 1994, the commissioner shall pay a nursing home payment adjustment on May 31 after noon to a county in which is located a nursing home that, as of January 1 of the previous year, was county-owned and operated, with the county named as licensee by the commissioner of health, and had over 40 beds and medical assistance occupancy in excess of 50 percent during the reporting year ending September 30, 1991. The adjustment shall be an amount equal to $16 per calendar day multiplied by the number of beds licensed in the facility as of September 30, 1991.
(b) Payments under paragraph (a) are excluded from medical assistance per diem rate calculations. These payments are required notwithstanding any rule prohibiting medical assistance payments from exceeding payments from private pay residents. A facility receiving a payment under paragraph (a) may not increase charges to private pay residents by an amount equivalent to the per diem amount payments under paragraph (a) would equal if converted to a per diem.
Sec. 87. Minnesota Statutes 1994, section 256B.49, subdivision 1, is amended to read:
Subdivision 1. [STUDY; WAIVER APPLICATION.] The commissioner shall authorize a study to assess the need for home and community-based waivers for chronically ill children who have been and will continue to be hospitalized without a waiver, and for disabled individuals under the age of 65 who are likely to reside in an acute care or nursing home facility in the absence of a waiver. If a need for these waivers can be demonstrated, the commissioner shall apply for federal waivers necessary to secure, to the extent allowed by law, federal participation under United States Code, title 42, sections 1396-1396p, as amended through December 31, 1982, for the provision of home and community-based services to chronically ill children who, in the absence of such a waiver, would remain in an acute care setting, and to disabled individuals under the age of 65 who, in the absence of a waiver, would reside in an acute care or nursing home setting. If the need is demonstrated, the commissioner shall request a waiver under United States Code, title 42, sections 1396-1396p, to allow medicaid eligibility for blind or disabled children with ineligible parents where income deemed from the parents would cause the applicant to be ineligible for supplemental security income if the family shared a household and to furnish necessary services in the home or community to disabled individuals under the age of 65 who would be eligible for medicaid if institutionalized in an acute care or nursing home setting. These waivers are requested to furnish necessary services in the home and community setting to children or disabled adults under age 65 who are medicaid eligible when institutionalized in an acute care or nursing home setting. The commissioner shall assure that the cost of home and community-based care will not be more than the cost of care if the eligible child or disabled adult under age 65 were to remain institutionalized. The commissioner shall seek to amend the federal waivers obtained under this section to apply criteria to protect against spousal impoverishment as authorized under United States Code, title 42, section 1396r-5, and as implemented in sections 256B.0575, 256B.058, and 256B.059, except that the amendment shall seek to add to the personal needs allowance permitted in section 256B.0575, an amount equivalent to the group residential housing rate as set by section 256I.03, subdivision 5.
Sec. 88. Minnesota Statutes 1994, section 256B.49, is amended by adding a subdivision to read:
Subd. 6. [ADMISSION CERTIFICATION.] In determining an individual's eligibility for the community alternative care waiver program, and an individual's eligibility for medical assistance under section 256B.055, subdivision 12, paragraph (b), the commissioner may review or contract for review of the individual's medical condition to determine level of care using criteria in Minnesota Rules, parts 9505.0520 to 9505.0540.
For purposes of this subdivision, a person requires long-term care in an inpatient hospital setting if the person has an ongoing condition that is expected to last one year or longer, and would require continuous or frequent hospitalizations during that period, but for the provision of home care services under this section.
Sec. 89. Minnesota Statutes 1994, section 256B.49, is amended by adding a subdivision to read:
Subd. 7. [PERSONS WITH DEVELOPMENTAL DISABILITIES OR RELATED CONDITIONS.] Individuals who apply for services under the community alternatives for disabled individuals (CADI) waiver program who have developmental disabilities or related conditions must be screened for the appropriate institutional level of care in accordance with section 256B.092.
Sec. 90. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 3a. [COUNTY AUTHORITY.] The commissioner, when implementing the general assistance medical care or medical assistance prepayment program within a county, must include the county board in the process of development, approval, and issuance of the request for proposals to provide services to eligible individuals within the proposed county. County boards must be given reasonable opportunity to make recommendations regarding the development, issuance, review of responses, and changes needed in the request for proposals. The commissioner must provide county boards the opportunity to review each proposal based on the identification of community needs under chapters 145A and 256E and county advocacy activities. If a county board finds that a proposal does not address certain community needs, the county board and commissioner shall continue efforts for improving the proposal and network prior to the approval of the contract. The county board shall make recommendations regarding the approval of local networks and their operations to ensure adequate availability and access to covered services. The provider or health plan must respond directly to county advocates and the state prepaid medical assistance ombudsperson regarding service delivery and must be accountable to the state regarding contracts with medical assistance and general assistance medical care funds. The county board may recommend a maximum number of participating health plans after considering the size of the enrolling population; ensuring adequate access and capacity; considering the client and county administrative complexity; and considering the need to promote the viability of locally developed health plans. Prior to the development of the request for proposal, there shall be established a mutually agreed upon timetable. This process shall in no way delay the department's ability to secure and finalize contracts for the medical assistance prepayment program.
Sec. 91. Minnesota Statutes 1994, section 256B.69, subdivision 4, is amended to read:
Subd. 4. [LIMITATION OF CHOICE.] The commissioner shall
develop criteria to determine when limitation of choice may be
implemented in the experimental counties. The criteria shall
ensure that all eligible individuals in the county have
continuing access to the full range of medical assistance
services as specified in subdivision 6. The commissioner shall
exempt the following persons from participation in the project,
in addition to those who do not meet the criteria for limitation
of choice: (1) persons eligible for medical assistance according
to section 256B.055, subdivision 1, and children under age 21
who are in foster placement; (2) persons eligible for medical
assistance due to blindness or disability as determined by the
social security administration or the state medical review team,
unless: (i) they are 65 years of age or older, or (ii)
they are eligible for medical assistance according to section
256B.055, subdivision 12; (3) recipients who currently have
private coverage through a health maintenance organization;
and (4) recipients who are eligible for medical assistance
by spending down excess income for medical expenses other than
the nursing facility per diem expense; and (5) recipients who
receive benefits under the Refugee Assistance Program,
established under United States Code, title 8, section 1522(e).
Children under age 21 who are in foster placement may enroll in
the project on an elective basis. The commissioner may allow
persons with a one-month spenddown who are otherwise eligible to
enroll to voluntarily enroll or remain enrolled, if they elect to
prepay their monthly spenddown to the state. Before
limitation of choice is implemented, eligible individuals shall
be notified and after notification, shall be allowed to choose
only among demonstration providers. After initially choosing a
provider, the recipient is allowed to change that choice only at
specified times as allowed by the commissioner. If a
demonstration provider ends participation in the project for any
reason, a recipient enrolled with that provider must select a new
provider but may change providers without cause once more within
the first 60 days after enrollment with the second provider.
Sec. 92. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 4a. [REQUIREMENTS OF REQUEST FOR PROPOSAL.] In implementing the limitation of choice for persons eligible for medical assistance according to section 256B.055, subdivision 12, hereinafter referred to as TEFRA recipients, the commissioner shall comply with the request for proposal process applicable to the prepaid medical assistance program. Notwithstanding any provision to the contrary, the commissioner shall include the following in the request for proposal issued to health plans for purposes of covering TEFRA recipients:
(1) evidence that eligibility criteria for personal care assistant services have been developed and implemented with respect to TEFRA recipients;
(2) a complete and detailed description of the benefits the health plan is responsible for providing to the TEFRA recipients;
(3) identification of the circumstances under which and the point at which the health plan covering the TEFRA recipient pursuant to this section is responsible for the costs of and delivery of benefits to the TEFRA recipient. The purpose of this information is to facilitate coordination of benefits with private health plans, including self-insured employers who are covering the TEFRA recipients. The point at which and circumstances under which the health plan is responsible must be identified and developed so as to be applied consistently to all TEFRA recipients;
(4) statistical information including the following:
(i) how many TEFRA recipients will be enrolled;
(ii) historical cost and utilization information, by type of service and diagnosis or condition, and any other data or statistics used in developing the proposed rate of payment to the health plan;
(iii) average cost per TEFRA recipient to the state; and
(iv) outlier information, including diagnosis categories, cost, and the number of TEFRA recipients; and
(5) actuarially valid rates of payment proposed to be paid to the health plans.
Sec. 93. Minnesota Statutes 1994, section 256B.69, subdivision 5, is amended to read:
Subd. 5. [PROSPECTIVE PER CAPITA PAYMENT.] The commissioner shall establish the method and amount of payments for services. The commissioner shall annually contract with demonstration providers to provide services consistent with these established methods and amounts for payment. Notwithstanding section 62D.02, subdivision 1, payments for services rendered as part of the project may be made to providers that are not licensed health maintenance organizations on a risk-based, prepaid capitation basis.
If allowed by the commissioner, a demonstration provider may contract with an insurer, health care provider, nonprofit health service plan corporation, or the commissioner, to provide insurance or similar protection against the cost of care provided by the demonstration provider or to provide coverage against the risks incurred by demonstration providers under this section. The recipients enrolled with a demonstration provider are a permissible group under group insurance laws and chapter 62C, the Nonprofit Health Service Plan Corporations Act. Under this type of contract, the insurer or corporation may make benefit payments to a demonstration provider for services rendered or to be rendered to a recipient. Any insurer or nonprofit health service plan corporation licensed to do business in this state is authorized to provide this insurance or similar protection.
Payments to providers participating in the project are exempt from the requirements of sections 256.966 and 256B.03, subdivision 2. The commissioner shall complete development of capitation rates for payments before delivery of services under this section is begun. For payments made during calendar year 1990 and later years, the commissioner shall contract with an independent actuary to establish prepayment rates.
By January 15, 1996, the commissioner shall report to the legislature on the methodology used to allocate to participating counties available administrative reimbursement for advocacy and enrollment costs. The report shall reflect the commissioner's judgment as to the adequacy of the funds made available and of the methodology for equitable distribution of the funds. The commissioner must involve participating counties in the development of the report.
Sec. 94. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 5a. [MANAGED CARE CONTRACTS.] Managed care contracts under this section, section 256.9363, and section 256D.03, shall be entered into or renewed on a calendar year basis beginning January 1, 1996. Managed care contracts which were in effect on June 30, 1995, and set to renew on July 1, 1995, shall be renewed for the period July 1, 1995 through December 31, 1995 at the same terms that were in effect on June 30, 1995.
Sec. 95. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] For prepaid medical assistance and general assistance medical care program contract rates effective January 1, 1996, through December 31, 1996, capitation rates for nonmetropolitan counties shall on a weighted average be no less than 85 percent of the capitation rates for metropolitan counties, excluding Hennepin county.
Sec. 96. Minnesota Statutes 1994, section 256B.69, subdivision 6, is amended to read:
Subd. 6. [SERVICE DELIVERY.] (a) Each demonstration provider shall be responsible for the health care coordination for eligible individuals. Demonstration providers:
(1) shall authorize and arrange for the provision of all needed health services including but not limited to the full range of services listed in sections 256B.02, subdivision 8, and 256B.0625 and for children eligible for medical assistance under section 256B.055, subdivision 12, home care services and personal care assistant services in order to ensure appropriate health care is delivered to enrollees;
(2) shall accept the prospective, per capita payment from the commissioner in return for the provision of comprehensive and coordinated health care services for eligible individuals enrolled in the program;
(3) may contract with other health care and social service practitioners to provide services to enrollees; and
(4) shall institute recipient grievance procedures according to the method established by the project, utilizing applicable requirements of chapter 62D. Disputes not resolved through this process shall be appealable to the commissioner as provided in subdivision 11.
(b) Demonstration providers must comply with the standards for claims settlement under section 72A.201, subdivisions 4, 5, 7, and 8, when contracting with other health care and social service practitioners to provide services to enrollees. A demonstration provider must pay a clean claim, as defined in Code of Federal Regulations, title 42, section 447.45(b), within 30 business days of the date of acceptance of the claim.
Sec. 97. Minnesota Statutes 1994, section 256B.69, subdivision 9, is amended to read:
Subd. 9. [REPORTING.] Each demonstration provider shall submit information as required by the commissioner, including data required for assessing client satisfaction, quality of care, cost, and utilization of services for purposes of project evaluation. The commissioner shall also develop methods of data collection from county advocacy activities in order to provide aggregate enrollee information on encounters and outcomes to determine access and quality assurance. Required information shall be specified before the commissioner contracts with a demonstration provider.
Sec. 98. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 18. [SERVICES PENDING APPEAL.] If the recipient appeals in writing to the state agency on or before the tenth day after the decision of the prepaid health plan to reduce, suspend, or terminate services which the recipient had been receiving, and the treating physician or another plan physician orders the services to be continued at the previous level, the prepaid health plan must continue to provide services at a level equal to the level ordered by the plan's physician until the state agency renders its decision.
Sec. 99. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 19. [LIMITATION ON REIMBURSEMENT TO PROVIDERS NOT AFFILIATED WITH A PREPAID HEALTH PLAN.] A prepaid health plan may limit any reimbursement it may be required to pay to providers not employed by or under contract with the prepaid health plan to the medical assistance rates for medical assistance enrollees, and the general assistance medical care rates for general assistance medical care enrollees, paid by the commissioner of human services to providers for services to recipients not enrolled in a prepaid health plan.
Sec. 100. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 20. [OMBUDSPERSON.] The commissioner shall designate an ombudsperson to advocate for persons required to enroll in prepaid health plans under this section. The ombudsperson shall advocate for recipients enrolled in prepaid health plans through complaint and appeal procedures and ensure that necessary medical services are provided either by the prepaid health plan directly or by referral to appropriate social services. At the time of enrollment in a prepaid health plan, the local agency shall inform recipients about the ombudsperson program and their right to a resolution of a complaint by the prepaid health plan if they experience a problem with the plan or its providers.
Sec. 101. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 21. [PREPAYMENT COORDINATOR.] The local agency shall designate a prepayment coordinator to assist the state agency in implementing this section and section 256D.03, subdivision 4. Assistance must include educating recipients about available health care options, enrolling recipients under subdivision 5, providing necessary eligibility and enrollment information to health plans and the state agency, and coordinating complaints and appeals with the ombudsman established in subdivision 18.
Sec. 102. Minnesota Statutes 1994, section 256B.69, is amended by adding a subdivision to read:
Subd. 22. [IMPACT ON PUBLIC OR TEACHING HOSPITALS AND COMMUNITY CLINICS.] (a) Before implementing prepaid programs in counties with a county operated or affiliated public teaching hospital or a hospital or clinic operated by the University of Minnesota, the commissioner shall consider the risks the prepaid program creates for the hospital and allow the county or hospital the opportunity to participate in the program, provided the terms of participation in the program are competitive with the terms of other participants.
(b) Prepaid health plans serving counties with a nonprofit community clinic or community health services agency must contract with the clinic or agency to provide services to clients who choose to receive services from the clinic or agency, if the clinic or agency agrees to payment rates that are competitive with rates paid to other health plan providers for the same or similar services.
Sec. 103. [256B.691] [RISK-BASED TRANSPORTATION PAYMENTS.]
Any contract with a prepaid health plan under the medical assistance, general assistance medical care, or MinnesotaCare program that requires the health plan to cover transportation services for obtaining medical care for eligible individuals who are ambulatory must provide for payment for those services on a risk basis.
Sec. 104. Minnesota Statutes 1994, section 256D.03, subdivision 3, is amended to read:
Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.] (a) General assistance medical care may be paid for any person who is not eligible for medical assistance under chapter 256B, including eligibility for medical assistance based on a spenddown of excess income according to section 256B.056, subdivision 5, and:
(1) who is receiving assistance under section 256D.05 or 256D.051, or who is having a payment made on the person's behalf under sections 256I.01 to 256I.06; or
(2)(i) who is a resident of Minnesota; and whose equity in assets is not in excess of $1,000 per assistance unit. No asset test shall be applied to children and their parents living in the same household. Exempt assets, the reduction of excess assets, and the waiver of excess assets must conform to the medical assistance program in chapter 256B, with the following exception: the maximum amount of undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by the trustee, assuming the full exercise of the trustee's discretion under the terms of the trust, must be applied toward the asset maximum; and
(ii) who has countable income not in excess of the assistance standards established in section 256B.056, subdivision 4, or whose excess income is spent down pursuant to section 256B.056, subdivision 5, using a six-month budget period, except that a one-month budget period must be used for recipients residing in a long-term care facility. The method for calculating earned income disregards and deductions for a person who resides with a dependent child under age 21 shall be as specified in section 256.74, subdivision 1. However, if a disregard of $30 and one-third of the remainder described in section 256.74, subdivision 1, clause (4), has been applied to the wage earner's income, the disregard shall not be applied again until the wage earner's income has not been considered in an eligibility determination for general assistance, general assistance medical care, medical assistance, or aid to families with dependent children for 12 consecutive months. The earned income and work expense deductions for a person who does not reside with a dependent child under age 21 shall be the same as the method used to determine eligibility for a person under section 256D.06, subdivision 1, except the disregard of the first $50 of earned income is not allowed; or
(3) who would be eligible for medical assistance except that the person resides in a facility that is determined by the commissioner or the federal health care financing administration to be an institution for mental diseases.
(b) Eligibility is available for the month of application, and for three months prior to application if the person was eligible in those prior months. A redetermination of eligibility must occur every 12 months.
(c) General assistance medical care is not available for a person in a correctional facility unless the person is detained by law for less than one year in a county correctional or detention facility as a person accused or convicted of a crime, or admitted as an inpatient to a hospital on a criminal hold order, and the person is a recipient of general assistance medical care at the time the person is detained by law or admitted on a criminal hold order and as long as the person continues to meet other eligibility requirements of this subdivision.
(d) General assistance medical care is not available for applicants or recipients who do not cooperate with the county agency to meet the requirements of medical assistance.
(e) In determining the amount of assets of an individual, there
shall be included any asset or interest in an asset, including an
asset excluded under paragraph (a), that was given away, sold, or
disposed of for less than fair market value within the 30
60 months preceding application for general assistance
medical care or during the period of eligibility. Any transfer
described in this paragraph shall be presumed to have been for
the purpose of establishing eligibility for general assistance
medical care, unless the individual furnishes convincing evidence
to establish that the transaction was exclusively for another
purpose. For purposes of this paragraph, the value of the asset
or interest shall be the fair market value at the time it was
given away, sold, or disposed of, less the amount of compensation
received. For any uncompensated transfer, the number of months
of ineligibility, including partial months, shall be calculated
by dividing the uncompensated transfer amount by the average
monthly per person payment made by the medical assistance program
to skilled nursing facilities for the previous calendar year.
The individual shall remain ineligible until this fixed period
has expired. The period of ineligibility may exceed 30 months,
and a reapplication for benefits after 30 months from the date of
the transfer shall not result in eligibility unless and until the
period of ineligibility has expired. The period of ineligibility
begins in the month the transfer was reported to the county
agency, or if the transfer was not reported, the month in which
the county agency discovered the transfer, whichever comes first.
For applicants, the period of ineligibility begins on the date of
the first approved application.
(f)(1) Beginning October 1, 1993, an undocumented alien or a nonimmigrant is ineligible for general assistance medical care other than emergency services. For purposes of this subdivision, a nonimmigrant is an individual in one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and an undocumented alien is an individual who resides in the United States without the approval or acquiescence of the Immigration and Naturalization Service.
(2) This subdivision does not apply to a child under age 18, to a Cuban or Haitian entrant as defined in Public Law Number 96-422, section 501(e)(1) or (2)(a), or to an alien who is aged, blind, or disabled as defined in United States Code, title 42, section 1382c(a)(1).
(3) For purposes of paragraph (f), "emergency services" has the meaning given in Code of Federal Regulations, title 42, section 440.255(b)(1), except that it also means services rendered because of suspected or actual pesticide poisoning.
Sec. 105. Minnesota Statutes 1994, section 256D.03, subdivision 3b, is amended to read:
Subd. 3b. [COOPERATION.] General assistance or general assistance medical care applicants and recipients must cooperate with the state and local agency to identify potentially liable third-party payors and assist the state in obtaining third-party payments. Cooperation includes identifying any third party who may be liable for care and services provided under this chapter to the applicant, recipient, or any other family member for whom application is made and providing relevant information to assist the state in pursuing a potentially liable third party. General assistance medical care applicants and recipients must cooperate by providing information about any group health plan in which they may be eligible to enroll. They must cooperate with the state and local agency in determining if the plan is cost-effective. If the plan is determined cost-effective and the premium will be paid by the state or local agency or is available at no cost to the person, they must enroll or remain enrolled in the group health plan. Cost-effective insurance premiums approved for payment by the state agency and paid by the local agency are eligible for reimbursement according to subdivision 6.
Sec. 106. Minnesota Statutes 1994, section 256D.03, subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a) For a person who is eligible under subdivision 3, paragraph (a), clause (3), general assistance medical care covers:
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) services provided by Medicare certified rehabilitation agencies;
(4) prescription drugs and other products recommended through the process established in section 256B.0625, subdivision 13;
(5) equipment necessary to administer insulin and diagnostic supplies and equipment for diabetics to monitor blood sugar level;
(6) eyeglasses and eye examinations provided by a physician or optometrist;
(7) hearing aids;
(8) prosthetic devices;
(9) laboratory and X-ray services;
(10) physician's services;
(11) medical transportation;
(12) chiropractic services as covered under the medical assistance program;
(13) podiatric services;
(14) dental services;
(15) outpatient services provided by a mental health center or clinic that is under contract with the county board and is established under section 245.62;
(16) day treatment services for mental illness provided under contract with the county board;
(17) prescribed medications for persons who have been diagnosed as mentally ill as necessary to prevent more restrictive institutionalization;
(18) case management services for a person with serious and persistent mental illness who would be eligible for medical assistance except that the person resides in an institution for mental diseases;
(19) psychological services, medical supplies and equipment, and Medicare premiums, coinsurance and deductible payments;
(20) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need for
costlier services that are reimbursable under this subdivision;
and
(21) services performed by a certified pediatric nurse practitioner, a certified family nurse practitioner, a certified adult nurse practitioner, a certified obstetric/gynecological nurse practitioner, or a certified geriatric nurse practitioner in independent practice, if the services are otherwise covered under this chapter as a physician service, and if the service is within the scope of practice of the nurse practitioner's license as a registered nurse, as defined in section 148.171; and
(22) services of a certified public health nurse or a registered nurse practicing in a public health nursing clinic that is a department of, or that operates under the direct authority of, a unit of government, if the service is within the scope of practice of the public health nurse's license as a registered nurse, as defined in section 148.171.
(b) For a recipient who is eligible under subdivision 3, paragraph (a), clause (1) or (2), general assistance medical care covers the services listed in paragraph (a) with the exception of special transportation services.
(c) In order to contain costs, the commissioner of human services shall select vendors of medical care who can provide the most economical care consistent with high medical standards and shall where possible contract with organizations on a prepaid capitation basis to provide these services. The commissioner shall consider proposals by counties and vendors for prepaid health plans, competitive bidding programs, block grants, or other vendor payment
mechanisms designed to provide services in an economical manner or to control utilization, with safeguards to ensure that necessary services are provided. Before implementing prepaid programs in counties with a county operated or affiliated public teaching hospital or a hospital or clinic operated by the University of Minnesota, the commissioner shall consider the risks the prepaid program creates for the hospital and allow the county or hospital the opportunity to participate in the program in a manner that reflects the risk of adverse selection and the nature of the patients served by the hospital, provided the terms of participation in the program are competitive with the terms of other participants considering the nature of the population served. Payment for services provided pursuant to this subdivision shall be as provided to medical assistance vendors of these services under sections 256B.02, subdivision 8, and 256B.0625, and for contracts beginning on or after July 1, 1995, shall be discounted ten percent from comparable fee for service payments. For payments made during fiscal year 1990 and later years, the commissioner shall consult with an independent actuary in establishing prepayment rates, but shall retain final control over the rate methodology. Notwithstanding the provisions of subdivision 3, an individual who becomes ineligible for general assistance medical care because of failure to submit income reports or recertification forms in a timely manner, shall remain enrolled in the prepaid health plan and shall remain eligible for general assistance medical care coverage through the last day of the month in which the enrollee became ineligible for general assistance medical care.
(d) The commissioner of human services may reduce payments provided under sections 256D.01 to 256D.21 and 261.23 in order to remain within the amount appropriated for general assistance medical care, within the following restrictions.
For the period July 1, 1985 to December 31, 1985, reductions below the cost per service unit allowable under section 256.966, are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 30 percent; payments for all other inpatient hospital care may be reduced no more than 20 percent. Reductions below the payments allowable under general assistance medical care for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than ten percent.
For the period January 1, 1986 to December 31, 1986, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 20 percent; payments for all other inpatient hospital care may be reduced no more than 15 percent. Reductions below the payments allowable under general assistance medical care for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.
For the period January 1, 1987 to June 30, 1987, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 15 percent; payments for all other inpatient hospital care may be reduced no more than ten percent. Reductions below the payments allowable under medical assistance for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.
For the period July 1, 1987 to June 30, 1988, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 15 percent; payments for all other inpatient hospital care may be reduced no more than five percent. Reductions below the payments allowable under medical assistance for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.
For the period July 1, 1988 to June 30, 1989, reductions below the cost per service unit allowable under section 256.966 are permitted only as follows: payments for inpatient and outpatient hospital care provided in response to a primary diagnosis of chemical dependency or mental illness may be reduced no more than 15 percent; payments for all other inpatient hospital care may not be reduced. Reductions below the payments allowable under medical assistance for the remaining general assistance medical care services allowable under this subdivision may be reduced no more than five percent.
There shall be no copayment required of any recipient of benefits for any services provided under this subdivision. A hospital receiving a reduced payment as a result of this section may apply the unpaid balance toward satisfaction of the hospital's bad debts.
(e) Any county may, from its own resources, provide medical payments for which state payments are not made.
(f) Chemical dependency services that are reimbursed under chapter 254B must not be reimbursed under general assistance medical care.
(g) The maximum payment for new vendors enrolled in the general assistance medical care program after the base year shall be determined from the average usual and customary charge of the same vendor type enrolled in the base year.
(h) The conditions of payment for services under this subdivision are the same as the conditions specified in rules adopted under chapter 256B governing the medical assistance program, unless otherwise provided by statute or rule.
Sec. 107. Minnesota Statutes 1994, section 256D.425, is amended by adding a subdivision to read:
Subd. 4. [COOPERATION.] To be eligible for the Minnesota supplemental aid program, applicants and recipients must cooperate with the state and local agency to identify potentially liable third-party payors and assist the state in obtaining third-party payments. Cooperation includes identifying any third party who may be liable for benefits provided under this chapter to the applicant, recipient, or any other family member for whom application is made, and providing relevant information to assist the state in pursuing a potentially liable third party.
Sec. 108. Minnesota Statutes 1994, section 501B.89, subdivision 1, is amended to read:
Subdivision 1. [TRUSTS CONTAINING LIMITATIONS LINKED TO ELIGIBILITY FOR PUBLIC ASSISTANCE.] (a) Except as allowed by subdivision 2 or 3, a provision in a trust that provides for the suspension, termination, limitation, or diversion of the principal, income, or beneficial interest of a beneficiary if the beneficiary applies for, is determined eligible for, or receives public assistance or benefits under a public health care program is unenforceable as against the public policy of this state, without regard to the irrevocability of the trust or the purpose for which the trust was created.
(b) This subdivision applies to trust provisions created after July 1, 1992. For purposes of this section, a trust provision is created on the date of execution of the first instrument that contains the provision, even though the trust provision is later amended or reformed or the trust is not funded until a later date.
Sec. 109. Minnesota Statutes 1994, section 501B.89, is amended by adding a subdivision to read:
Subd. 3. [SUPPLEMENTAL NEEDS TRUSTS UNDER FEDERAL LAW.] A trust created on or after August 11, 1993, which qualifies as a supplemental needs trust for a person with a disability under United States Code, title 42, section 1396p(c)(2)(B)(iv) or 1396p(d), as amended by section 13611(b) of the Omnibus Budget Reconciliation Act of 1993, Public Law Number 103-66, commonly known as OBRA 1993, is enforceable, and the courts of this state may authorize creation and funding of a trust which so qualifies.
Sec. 110. [TEFRA FEE STUDY.]
The commissioner of human services shall study and report to the legislature by January 15, 1996, recommendations to modify the fee structure for the parents of children eligible for medical assistance under Minnesota Statutes, section 256B.055, subdivision 12. The report shall include a comparison of the fee schedule for these parents with fee schedules in the social services, MinnesotaCare, and sliding fee child care programs. The commissioner shall appoint an advisory committee to assist with the study which must include parents, advocates, and other interested persons.
Sec. 111. [IMPLEMENTATION PLAN FOR HOME CARE SERVICES.]
The commissioner of human services, in conjunction with the commissioner of education, shall require the provision of the following types of home care services equivalent to personal care assistant services through waivered programs and managed care programs beginning July 1, 1996:
(1) school-based after school services; and
(2) vacation and summer-only services.
The commissioners shall define program participants, structure, and activities and shall recommend to the 1996 legislature any changes in licensing requirements or other law changes necessary to implement the program. The commissioner of human services shall require participants in waivered programs and managed care programs to receive services through these options unless the requirement would create an undue hardship for recipients.
Sec. 112. [WAIVER.]
The commissioner of human services shall seek a federal waiver to implement the 60-month period for transfers of assets under section 256B.0595, subdivision 1, paragraph (g).
Sec. 113. [ADVISORY TASK FORCE TO STANDARDIZE SUPPORTING DOCUMENTATION FOR PRIOR AUTHORIZATION.]
Subdivision 1. [COMPOSITION OF TASK FORCE.] A six-member advisory task force on prior authorization for physical therapy, occupational therapy, speech therapy, or related services supporting documentation shall be established. The task force shall be comprised of one licensed physiatrist, one licensed physical therapist, one licensed occupational therapist, one licensed speech therapist, one licensed rehabilitation nurse, and one consumer representative. All licensed task force members must be actively engaged in the practice of their profession in Minnesota. The members of the task force shall be appointed by the commissioner of human services. No more than three members may be of one gender. All licensed professional members shall be selected from lists submitted to the commissioner by the appropriate professional associations. Task force members who are licensed professionals shall not be compensated for their service. The consumer representative member must be compensated for time spent on task force activities as specified in Minnesota Statutes, section 15.059, subdivision 3. The task force shall expire on December 31, 1996.
Subd. 2. [DUTIES OF COMMISSIONER AND TASK FORCE.] The task force shall study the lists of items, specified in the issue of the medical assistance and general assistance medical care provider manual which is in effect as of the effective date of this act, that are required to be submitted by each category of provider along with the provider's request for prior authorization. The task force shall recommend to the commissioner any amendments or refinements needed to clarify the lists. The commissioner shall use the recommendations of the task force to develop standardized documentation which a provider must submit with a prior authorization request. If the commissioner intends to depart from the recommendations of the task force, the commissioner shall inform the task force of the intended departure, provide a written explanation of the reasons for the departure, and give the task force an opportunity to comment on the intended departure.
Sec. 114. [MEDICAL ASSISTANCE ASSET TRANSFER AND ELIGIBILITY REQUIREMENTS.]
The commissioner of human services shall investigate and pursue all viable options for tightening the medical assistance asset transfer and eligibility requirements to restore and preserve the function of the medical assistance program as a safety net program for low-income Minnesotans who cannot afford to meet their medical needs with their own resources. Among other actions, the commissioner shall aggressively pursue waivers of federal requirements to strengthen restrictions on transfers of assets for the purposes of gaining eligibility for medical assistance.
Sec. 115. [CONTINUATION OF PILOT PROJECTS.]
The alternative care pilot projects authorized in Laws 1993, First Special Session chapter 1, article 5, section 133, shall not expire on June 30, 1995, but shall continue until June 30, 1997, except that the three percent rate increases authorized in Laws 1993, First Special Session chapter 1, article 1, section 2, subdivision 4, shall be incorporated in average monthly cost effective July 1, 1995. The commissioner shall allow additional counties at their option to implement the alternative care program within the parameters established in Laws 1993, First Special Session chapter 1, article 5, section 133. If more than five counties exercise this option, the commissioner may require counties to make this change on a phased schedule if necessary in order to implement this provision within the limit of available resources. For newly participating counties, the previous fiscal year shall be the base year.
Sec. 116. [RATE CONSOLIDATION PLAN.]
The commissioner of human services, in cooperation with counties, shall prepare an implementation plan to consolidate payment rates for alternative care services, elderly waiver services, community alternatives for disabled individuals services, traumatic brain injury services, and comparable medical assistance services provided after June 30, 1996, that establishes a statewide rate cap for each individual service that is equal to the highest rate cap in any program for that service. The plan must be submitted to the legislature by October 1, 1995.
Sec. 117. [REIMBURSEMENT INCREASE.]
Notwithstanding statutory provisions to the contrary, the commissioner of human services shall increase reimbursement rates for the following by 1.5 percent on April 1, 1996:
(1) personal care services under Minnesota Statutes, section 256B.0625, subdivision 19a;
(2) home and community-based services waiver for persons with mental retardation and related conditions under Minnesota Statutes, section 256B.501;
(3) adult residential program grants, under Minnesota Rules, parts 9535.2000 to 9535.3000;
(4) adult and family community support grants, under Minnesota Rules, parts 9535.1700 to 9535.1760;
(5) day training and habilitation services for adults with mental retardation and related conditions under Minnesota Statutes, sections 252.40 to 252.47; and
(6) semi-independent living services under Minnesota Statutes, section 252.275.
Sec. 118. [MANAGED CARE RATE SETTING METHODOLOGY.]
Subdivision 1. [DEVELOPMENT.] The commissioner of human services, in conjunction with the rate setting task force established in subdivision 2, shall develop a prospective rate setting methodology for implementation on January 1, 1998. The methodology must incorporate the public program risk adjustment mechanism and, at a minimum, take into account the following factors:
(1) costs of ensuring appropriate access to health care services in all counties;
(2) costs of medical education, disproportionate share payments, provisions for federally qualified health care centers, rural health clinics, and other adjustors historically provided for in the fee-for-service payments to specific providers;
(3) health status;
(4) statistically valid regional utilization patterns as well as population characteristics;
(5) the benefit set to be provided through the prepaid medical assistance program; and
(6) utilization demands resulting from program changes and newly created access to care.
Subd. 2. [RATE SETTING TASK FORCE.] The commissioner shall establish a task force consisting of representatives of health plans, public program providers, disproportionate share and teaching hospitals, independent actuaries, counties, and consumers, to develop recommendations for a prospective rate setting methodology with a risk adjustment mechanism to be implemented by January 1, 1998. The task force shall include at least one representative of each regional coordinating board established under section 62J.09. Fifty percent of the provider, county, and consumer members shall be from non-metro counties. The commissioner and task force shall jointly deliver a progress report to the legislature by January 15, 1996, and a final methodology proposal to the legislature by December 15, 1996.
Sec. 119. [JOINT PURCHASER DEMONSTRATION PROJECTS.]
Subdivision 1. [DEMONSTRATION PROJECTS.] A county or counties may apply or the commissioner may solicit a demonstration project or projects for a state-county partnership as joint purchasers for services provided to eligible individuals under medical assistance, general assistance medical care, state health and social service grants, and county funds for these or other participants. Individual county staff who are employed by a publicly owned health plan that intends to respond to the request for proposal are prohibited from reviewing, critiquing, or approving any proposals submitted in accordance with this section. As part of this project, the commissioner, in cooperation with the county boards, must explore options for various purchasing models including contracting directly with providers or provider networks. The commissioner retains total responsibility for the medical assistance and general assistance medical care contracts.
Subd. 2. [OBJECTIVES.] The objective of the demonstration project is to promote the development of local provider networks; further define the county role and authorities in providing publicly reimbursed health services, including services reimbursed by the county; to provide better coordination of services; and to identify costs and methods to reduce cost-shifting.
Subd. 3. [PARTICIPATING COUNTIES.] Carlton, Cook, Koochiching, Lake, and Saint Louis counties shall be allowed to participate in joint purchasing demonstration projects at the option of their county boards. Any county may also participate in a joint purchasing demonstration project, which may include county employees, at the option of the county board.
Sec. 120. [DEMONSTRATION PROJECT TO TEST ALTERNATIVES TO DELIVERY OF SERVICES TO HIGH-RISK MEDICAL ASSISTANCE RECIPIENTS.]
Subdivision 1. [AUTHORIZATION FOR DEMONSTRATION PROJECTS.] Counties may propose demonstration projects to test alternatives to the delivery of health services to high risk populations. The commissioner of human services shall review and may approve demonstration project proposals and shall seek federal waivers as applicable for approved demonstration projects.
Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] (a) The demonstration projects shall be established jointly by the commissioners and participating county boards to design and plan an improved health services delivery system for high-risk medical assistance recipients who also receive services under other publicly funded health, human services, or corrections programs. In counties where prepaid medical assistance programs have been implemented, health plan companies participating in the prepaid program shall be included in the program design. In the proposal, the county must delineate exactly which populations would be served and what enrollment procedures would be used. The projects must address one or more of the following:
(1) provide an array of health and social services that are better coordinated for persons and families now served by multiple, uncoordinated programs;
(2) be based on purchasing strategies that improve access and coordinate services without cost shifting;
(3) coordinate between provider networks or health plan companies and the community health and human services infrastructure through creative partnerships with local vendors; and
(4) utilize existing categorical funding streams and reimbursement sources in coordinated and creative ways.
(b) All projects must complete their planning phase and be operational by June 30, 1997.
Subd. 3. [PROGRAM EVALUATION.] Evaluation of each project will be based on outcome evaluation criteria negotiated with each project prior to implementation.
Subd. 4. [NOTICE OF PROJECT DISCONTINUATION.] Each project may be discontinued for any reason by the county board or the commissioner of human services, after 90 days' written notice to the other party.
Subd. 5. [PLANNING FOR DEMONSTRATION PROJECTS.] Each local plan for a demonstration project must be developed under the direction of the county board, or multiple county boards acting jointly, as the local health and human services authority. The planning process for each demonstration shall include, but not be limited to, advocates, providers, and the departments of health and human services.
Subd. 6. [DUTIES OF COMMISSIONER.] (a) For purposes of the demonstration projects, the commissioner of human services shall facilitate coordination of funds or other resources as needed and requested by each project. These resources may include: medical assistance, general assistance medical care, MinnesotaCare, and other categorical state and federal funds if requested by the county boards, and if the commissioner determines this would be consistent with the state's overall health care reform efforts.
(b) The commissioner shall consider the following criteria in awarding start-up and implementation grants for the demonstration projects:
(1) the ability of the proposed projects to accomplish the objectives described in subdivision 2;
(2) the size of the target population to be served; and
(3) geographical distribution.
(c) The commissioner shall review overall status of the projects at least every two years and recommend any legislative changes needed by January 15 of each odd-numbered year.
(d) The county board may seek a waiver of administrative procedural rules under Minnesota Statutes, section 465.797.
(e) The commissioner may exempt the participating counties from state fiscal sanctions for noncompliance with requirements in laws and rules which are incompatible with the implementation of the demonstration project.
(f) The commissioner may award grants to a county board or group of county boards to pay for start-up, implementation, and evaluation costs of the demonstration project.
Subd. 7. [DUTIES OF COUNTY BOARD.] The county board, or other entity which is approved to administer a demonstration project, shall:
(1) administer the project in a manner which is consistent with the objectives described in subdivision 2 and the planning process described in subdivision 5;
(2) ensure that no one is denied services for which they would otherwise be eligible; and
(3) provide the commissioner of human services with timely and pertinent information through the following methods:
(i) submission of community health services act, maternal and child health act, and community social services act plans and plan amendments;
(ii) submission of health and social services expenditure and grant reconciliation reports, based on a coding format to be determined by mutual agreement between the project's managing entity and the commissioner; and
(iii) submission of data and participation in an evaluation of the demonstration projects, to be designed cooperatively by the commissioner and the projects.
Sec. 121. [TASK FORCE FOR HOME CARE SERVICES.]
The commissioner shall appoint a home care services task force to recommend changes to medical assistance home care services as alternatives to the home care changes to take effect July 1, 1996, Minnesota Statutes, sections 256B.0625, subdivisions 6a, 7, and 19a; 256B.0627; and 256B.0628, which will reduce projected growth for the 1996-1997 biennium to no more than five percent over 1995 projected expenditures as described in the November 1994 medical assistance forecast, department of human services. The recommendations shall include: proposals for independent delivery models for personal care assistant services; county assessment, service plan, and care plan development; coordination, including coordination with mental health services; streamlining of assessment and reporting processes to achieve administrative cost efficiencies; and alternative ways to serve segments of this population with needed services. The task force shall be comprised of home care services recipients, providers, advocates, staff from counties, the departments of human services, health, finance, the attorney general's office, in addition to the chairs of the health and human services finance committees of both houses of the legislature or their representatives. The recommendations shall be completed by December 1, 1995, except that the recommendations relating to county assessment and streamlining of assessment and reporting processes shall be completed by October 1, 1995, and presented to the next session, including a special session, of the Minnesota legislature.
By January 15, 1996, the commissioner of human services, jointly with counties, shall develop a plan for presentation to the legislature at their next session, including any special session, to allow counties to assume the prior authorization for home care services at the option of the county. The plan must provide participating counties with the funding, flexibility, authority, and accountability to administer both the assessment and prior authorization functions for medical assistance reimbursement for services under section 256B.0627, subdivision 2.
The plan shall also make a recommendation for adequate reimbursement of county administrative responsibilities of assessment, case management and appeals activities. In developing the plan and recommendations, the commissioner of human services shall involve the counties, consumers, and providers and include the development of standards, criteria and outcomes to foster local authority and flexibility, while defining quality expectations, budgetary incentives and sanctions, and promoting consistency.
Sec. 122. [INSURANCE STUDY.]
The Minnesota health care commission shall report to the legislature by January 15, 1996, recommendations to improve coverage through private health plans, the Minnesota comprehensive health association, and other public or private programs for children and adults with disabilities.
Sec. 123. [TEFRA MANAGED CARE ADVISORY COMMITTEE AND PROGRESS REPORT.]
Subdivision 1. [ADVISORY COMMITTEE.] The commissioner shall appoint an advisory committee to assist with the development of managed care for children eligible for medical assistance under Minnesota Statutes, section 256B.055, subdivision 12. The advisory committee shall include representatives of parents, advocates, health plan companies, health care providers serving the children, counties, and other other interested persons.
Subd. 2. [PROGRESS REPORT.] The commission shall report to the legislature by December 15, 1995, regarding progress toward implementing managed care. The report shall make recommendations regarding the following: any law changes needed for effective implementation; how to coordinate with other insurance coverage the families may have; how managed care plans would operate as to varying coverage; what services would be available, including any gaps under managed care plans; and whether going to managed care results in cost savings to the state. The report shall also provide information by county and major diagnoses of children found eligible and ineligible for TEFRA, the services and amounts paid by the medical assistance program, name of health insurance plan, family income, and total number of TEFRA eligible children in each county.
Sec. 124. [REPEALER.]
Minnesota Statutes 1994, sections 252.27, subdivision 2c; and 256.969, subdivision 24, are repealed.
Minnesota Rules, part 9500.1452, subpart 2, item B, is repealed.
Sec. 125. [EFFECTIVE DATE.]
Subdivision 1. Sections 79 and 80, the amendments to section 256B.15, subdivisions 1a and 2, relating only to the age of a medical assistance recipient for purposes of estate claims, are effective for persons who are between the ages of 55 and 64 on or after July 1, 1995, for the total amount of medical assistance rendered on or after July 1, 1995.
Subd. 2. Sections 34 to 37, section 256B.0595, subdivisions 1, 2, 3, and 4, are effective retroactive to August 11, 1993, except that portion amending subdivision 2, paragraph (c), is effective retroactive to transfers of income or assets made on or after September 1994.
Subd. 3. Sections 28, 108, and 109, sections 256B.056, subdivision 3b, and 501B.89, subdivisions 1 and 3, are effective retroactive to August 11, 1993.
Subd. 4. Sections 14, 49, 84, and 86, sections 256.9657, subdivision 3, 256B.0625, subdivision 38, 256B.19, subdivision 1d, and 256B.431, subdivision 23, are effective the day following final enactment.
Subd. 5. Section 30, the amendment to section 256B.0575, paragraph (a), clause (5), is effective retroactive to January 1, 1994.
Subd. 6. Section 91, the amendment to section 256B.69, subdivision 4, requiring children eligible for medical assistance under section 256B.055, subdivision 12, to participate in managed care, is effective July 1, 1996.
Subd. 7. Section 96, the amendment to section 256B.69, subdivision 6, expanding services under managed care to include home care services and personal care assistant services for certain recipients, is effective July 1, 1996.
Subd. 8. Section 48, section 256B.0625, subdivision 19a, is effective July 1, 1996.
Subd. 9. Section 52, section 256B.0627, subdivision 1, paragraph (c), is effective January 1, 1996; paragraph (d) is effective January 1, 1996, except the deletions relating to responsible party are effective July 1, 1996; and the stricken paragraph (d), the deletion of the definition of responsible party, is effective July 1, 1996.
Subd. 10. Section 53, section 256B.0627, subdivision 2, clause (6), is effective January 1, 1996.
Subd. 11. Section 54, section 256B.0627, subdivision 4, paragraph (a), is effective July 1, 1996; and paragraph (b), clauses (2) and (3), are effective January 1, 1996; and the stricken language in clause (1) and the stricken language in the stricken clause (4), are effective July 1, 1996.
Subd. 12. Section 55, section 256B.0627, subdivision 5, paragraph (a), clause (2), is effective January 1, 1996; paragraph (d) is effective January 1, 1996; paragraph (e), clause (2)(i), the new language relating to the registered nurse supervision is effective January 1, 1996; paragraph (e), clause (2)(i)A, B, C, D, and E, are effective July 1, 1996; paragraph (e), clause (2)(ii), is effective July 1, 1996; paragraph (e), clause (2)(iii), the new language relating to county public health nurse, is effective January 1, 1996, and the stricken language relating to the seizure activity provision, is effective July 1, 1996; paragraph (e), clause (2), the language striking items (v) to (viii), is effective July 1, 1996; paragraph (h), is effective January 1, 1996; and paragraph (i), clause (2), the stricken language relating to the foster care license holder, and the language in the stricken clause (3) relating to the responsible party, is effective July 1, 1996.
Section 1. Minnesota Statutes 1994, section 144.0723, subdivision 1, is amended to read:
Subdivision 1. [CLIENT REIMBURSEMENT CLASSIFICATIONS.]
The commissioner of health shall establish reimbursement
classifications based upon the assessment of each client in
intermediate care facilities for the mentally retarded conducted
after December 31, 1988 1992, under section
256B.501, subdivision 3g, or under rules established by the
commissioner of human services under section 256B.501,
subdivision 3j. The reimbursement classifications
established by the commissioner must conform to the
section 256B.501, subdivision 3g, and subsequent rules
established by the commissioner of human services to set payment
rates for intermediate care facilities for the mentally retarded
beginning on or after October 1, 1990.
Sec. 2. Minnesota Statutes 1994, section 144.0723, subdivision 2, is amended to read:
Subd. 2. [NOTICE OF CLIENT REIMBURSEMENT
CLASSIFICATION.] The commissioner of health shall notify each
client and intermediate care facility for the mentally
retarded in which the client resides of the
reimbursement classification classifications
established under subdivision 1 for each client residing in
the facility. The notice must inform the client
intermediate care facility for the mentally retarded of
the classification classifications that was
are assigned, the opportunity to review the
documentation supporting the classification, the opportunity to
obtain clarification from the commissioner, and the
opportunity to request a reconsideration of the
classification any classifications assigned. The
notice of classification must be sent by first-class mail.
The individual client notices may be sent to the client's
intermediate care facility for the mentally retarded for
distribution to the client. The facility must distribute the
notice to the client's case manager and to the client or to the
client's representative. This notice must be distributed within
three working days after the facility receives the notices from
the department. For the purposes of this section,
"representative" includes the client's legal representative as
defined in Minnesota Rules, part 9525.0015, subpart 18, the
person authorized to pay the client's facility expenses, or any
other individual designated by the client.
Sec. 3. Minnesota Statutes 1994, section 144.0723, subdivision 3, is amended to read:
Subd. 3. [REQUEST FOR RECONSIDERATION.] The client,
client's representative, or the intermediate care facility
for the mentally retarded may request that the commissioner
reconsider the assigned classification. The request for
reconsideration must be submitted in writing to the commissioner
within 30 days after the receipt of the notice of client
classification. The request for reconsideration must include the
name of the client, the name and address of the facility in which
the client resides, the reasons for the reconsideration, the
requested classification changes, and documentation supporting
the requested classification. The documentation accompanying the
reconsideration request is limited to documentation establishing
that the needs of the client and services provided to the
client at the time of the assessment resulting in the
disputed classification justify a change of classification.
Sec. 4. Minnesota Statutes 1994, section 144.0723, subdivision 4, is amended to read:
Subd. 4. [ACCESS TO INFORMATION.] Annually, at the interdisciplinary team meeting, the intermediate care facility for the mentally retarded shall inform the client or the client's representative and case manager of the client's most recent classification as determined by the department of health. Upon written request, the intermediate care facility for the mentally retarded must give the client's case manager, the client, or the client's representative a copy
of the assessment form and the other documentation that was given
to the department to support the assessment findings. The
facility shall also provide access to and a copy of other
information from the client's record that has been requested by
or on behalf of the client to support a client's reconsideration
request. A copy of any requested material must be provided
within three working days after the facility receives a written
request for the information. If the facility fails to provide
the material within this time, it is subject to the issuance of a
correction order and penalty assessment. Notwithstanding this
section, any order issued by the commissioner under this
subdivision must require that the facility immediately comply
with the request for information and that as of the date the
order is issued, the facility shall forfeit to the state a $100
fine the first day of noncompliance, and an increase in the $100
fine by $50 increments for each day the noncompliance
continues.
Sec. 5. Minnesota Statutes 1994, section 144.0723, subdivision 6, is amended to read:
Subd. 6. [RECONSIDERATION.] The commissioner's reconsideration
must be made by individuals not involved in reviewing the
assessment that established the disputed classification. The
reconsideration must be based upon the initial assessment and
upon the information provided to the commissioner under
subdivisions subdivision 3 and 5. If
necessary for evaluating the reconsideration request, the
commissioner may conduct on-site reviews. At the commissioner's
discretion, the commissioner may review the reimbursement
classifications assigned to all clients in the facility.
Within 15 working days after receiving the request for
reconsideration, the commissioner shall affirm or modify the
original client classification. The original classification must
be modified if the commissioner determines that the assessment
resulting in the classification did not accurately reflect the
status of the client at the time of the assessment. The
client and the intermediate care facility for the mentally
retarded shall be notified within five working days after the
decision is made. The commissioner's decision under this
subdivision is the final administrative decision of the
agency.
Sec. 6. Minnesota Statutes 1994, section 144.56, is amended by adding a subdivision to read:
Subd. 2b. [BOARDING CARE HOMES.] The commissioner shall not adopt or enforce any rule that limits a certified boarding care home from providing nursing services in accordance with the home's medicaid certification.
Sec. 7. Minnesota Statutes 1994, section 144.562, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY FOR LICENSE CONDITION.] A hospital is
not eligible to receive a license condition for swing beds unless
(1) it either has a licensed bed capacity of less than 50 beds
defined in the federal Medicare regulations, Code of Federal
Regulations, title 42, section 482.66, or it has a licensed bed
capacity of 50 beds or more and has swing beds that were approved
for Medicare reimbursement before May 1, 1985, or it has a
licensed bed capacity of less than 65 beds and, as of the
effective date, the available nursing homes within 50 miles
have had, in the aggregate, an average occupancy
rates rate of 96 percent or higher in the
past most recent two years as documented on the
statistical reports to the department of health; and
(2) it is located in a rural area as defined in the federal
Medicare regulations, Code of Federal Regulations, title 42,
section 482.66; and (3) it agrees to utilize no more than four
hospital beds as swing beds at any one time, except that the
commissioner may approve the utilization of up to three
additional beds at the request of a hospital if. Eligible
hospitals are allowed a total of 1,460 days of swing bed use per
year, provided that no more than ten hospital beds are used as
swing beds at any one time. The commissioner of health must
approve swing bed use beyond 1,460 days as long as there are
no Medicare certified skilled nursing facility beds are
available within 25 miles of that hospital.
Sec. 8. [144.6505] [SUBACUTE CARE WAIVERS.]
Subdivision 1. [SUBACUTE CARE; WAIVER FROM STATE AND FEDERAL RULES AND REGULATIONS.] The commissioners of health and human services shall work with providers to examine state and federal rules and regulations governing the provision of care in nursing facilities and apply for federal waivers and pursue state law changes to any impediments to the provision of subacute care in skilled nursing facilities.
Subd. 2. [DEFINITION OF SUBACUTE CARE.] (a) For the purpose of this section, "subacute care" means comprehensive inpatient care, as further defined in this subdivision, designed for persons who:
(1) have or have had an acute illness or accident, or an acute exacerbation of a chronic illness, and who require a moderate level of service intensity;
(2) do not require, or no longer require, technologically intensive diagnosis or management;
(3) have concurrent medical, nursing, and discharge and/or nondischarge oriented rehabilitation objectives that are expected to be achieved within a specified time; and
(4) require interdisciplinary management.
(b) Subacute care includes goal-oriented treatment rendered immediately after, as an appropriate alternative to, acute hospitalization with the goal of transitioning patients towards increased independence or lower acuity level in a cost-effective environment, to treat one or more specific active complex medical conditions or to administer one or more technically complex treatments, in the context of a patient's underlying long-term conditions and overall situation.
(c) Subacute care does not generally depend heavily on high technology monitoring or complex diagnostic procedures.
(d) Subacute care requires the coordinated services of an interdisciplinary team including physicians, nurses, and other relevant professional disciplines, who are trained and knowledgeable to assess and manage these specific conditions and perform the necessary procedures.
(e) Subacute care is provided as part of a specifically defined program.
(f) Subacute care includes more intensive care than traditional nursing facility care and less intensive care than acute care and may be provided at a variety of sites, including hospitals and skilled nursing facilities.
(g) Subacute care requires recurrent patient assessment on a daily to weekly basis and review of the clinical course and treatment plan for a limited time period ranging from several days to several months, until the condition is stabilized or a predetermined treatment course is completed.
Sec. 9. Minnesota Statutes 1994, section 144A.071, subdivision 2, is amended to read:
Subd. 2. [MORATORIUM.] The commissioner of health, in coordination with the commissioner of human services, shall deny each request for new licensed or certified nursing home or certified boarding care beds except as provided in subdivision 3 or 4a, or section 144A.073. "Certified bed" means a nursing home bed or a boarding care bed certified by the commissioner of health for the purposes of the medical assistance program, under United States Code, title 42, sections 1396 et seq.
The commissioner of human services, in coordination with the commissioner of health, shall deny any request to issue a license under section 252.28 and chapter 245A to a nursing home or boarding care home, if that license would result in an increase in the medical assistance reimbursement amount.
In addition, the commissioner of health must not approve any construction project whose cost exceeds $500,000, or 25 percent of the facility's appraised value, whichever is less, unless:
(a) any construction costs exceeding the lesser of $500,000 or 25 percent of the facility's appraised value are not added to the facility's appraised value and are not included in the facility's payment rate for reimbursement under the medical assistance program; or
(b) the project:
(1) has been approved through the process described in section 144A.073;
(2) meets an exception in subdivision 3 or 4a;
(3) is necessary to correct violations of state or federal law issued by the commissioner of health;
(4) is necessary to repair or replace a portion of the facility
that was destroyed damaged by fire, lightning,
groundshifts, or other such hazards, including
environmental hazards, provided that the provisions of
subdivision 4a, clause (a), are met;
(5) as of May 1, 1992, the facility has submitted to the commissioner of health written documentation evidencing that the facility meets the "commenced construction" definition as specified in subdivision 1a, clause (d), or that substantial steps have been taken prior to April 1, 1992, relating to the construction project. "Substantial steps" require that the facility has made arrangements with outside parties relating to the construction project and include the hiring of an architect or construction firm, submission of preliminary plans to the department of health or documentation from a financial institution that financing arrangements for the construction project have been made; or
(6) is being proposed by a licensed nursing facility that is not certified to participate in the medical assistance program and will not result in new licensed or certified beds.
Prior to the final plan approval of any construction project, the commissioner of health shall be provided with an itemized cost estimate for the project construction costs. If a construction project is anticipated to be completed in phases, the total estimated cost of all phases of the project shall be submitted to the commissioner and shall be considered as one construction project. Once the construction project is completed and prior to the final clearance by the commissioner, the total project construction costs for the construction project shall be submitted to the commissioner. If the final project construction cost exceeds the dollar threshold in this subdivision, the commissioner of human services shall not recognize any of the project construction costs or the related financing costs in excess of this threshold in establishing the facility's property-related payment rate.
The dollar thresholds for construction projects are as follows: for construction projects other than those authorized in clauses (1) to (6), the dollar threshold is $500,000 or 25 percent of appraised value, whichever is less. For projects authorized after July 1, 1993, under clause (1), the dollar threshold is the cost estimate submitted with a proposal for an exception under section 144A.073, plus inflation as calculated according to section 256B.431, subdivision 3f, paragraph (a). For projects authorized under clauses (2) to (4), the dollar threshold is the itemized estimate project construction costs submitted to the commissioner of health at the time of final plan approval, plus inflation as calculated according to section 256B.431, subdivision 3f, paragraph (a).
The commissioner of health shall adopt emergency or permanent rules to implement this section or to amend the emergency rules for granting exceptions to the moratorium on nursing homes under section 144A.073. The authority to adopt emergency rules continues to December 30, 1992.
Sec. 10. Minnesota Statutes 1994, section 144A.071, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS AUTHORIZING AN INCREASE IN BEDS.] The commissioner of health, in coordination with the commissioner of human services, may approve the addition of a new certified bed or the addition of a new licensed nursing home bed, under the following conditions:
(a) to license or certify a new bed in place of one decertified after July 1, 1993, as long as the number of certified plus newly certified or recertified beds does not exceed the number of beds licensed or certified on July 1, 1993, or to address an extreme hardship situation, in a particular county that, together with all contiguous Minnesota counties, has fewer nursing home beds per 1,000 elderly than the number that is ten percent higher than the national average of nursing home beds per 1,000 elderly individuals. For the purposes of this section, the national average of nursing home beds shall be the most recent figure that can be supplied by the federal health care financing administration and the number of elderly in the county or the nation shall be determined by the most recent federal census or the most recent estimate of the state demographer as of July 1, of each year of persons age 65 and older, whichever is the most recent at the time of the request for replacement. An extreme hardship situation can only be found after the county documents the existence of unmet medical needs that cannot be addressed by any other alternatives;
(b) to certify or license new beds in a new facility that is to
be operated by the commissioner of veterans affairs or when the
costs of constructing and operating the new beds are to be
reimbursed by the commissioner of veterans affairs or the United
States Veterans Administration; or
(c) to license or certify beds in a facility that has been involuntarily delicensed or decertified for participation in the medical assistance program, provided that an application for relicensure or recertification is submitted to the commissioner within 120 days after delicensure or decertification; or
(d) to certify two existing beds in a facility with 66 licensed beds on January 1, 1994, that had an average occupancy rate of 98 percent or higher in both calendar years 1992 and 1993, and which began construction of four attached assisted living units in April 1993.
Sec. 11. Minnesota Statutes 1994, section 144A.071, subdivision 4a, is amended to read:
Subd. 4a. [EXCEPTIONS FOR REPLACEMENT BEDS.] It is in the best interest of the state to ensure that nursing homes and boarding care homes continue to meet the physical plant licensing and certification requirements by permitting certain construction projects. Facilities should be maintained in condition to satisfy the physical and emotional needs of residents while allowing the state to maintain control over nursing home expenditure growth.
The commissioner of health in coordination with the commissioner of human services, may approve the renovation, replacement, upgrading, or relocation of a nursing home or boarding care home, under the following conditions:
(a) to license or certify beds in a new facility constructed to replace a facility or to make repairs in an existing facility that was destroyed or damaged after June 30, 1987, by fire, lightning, or other hazard provided:
(i) destruction was not caused by the intentional act of or at the direction of a controlling person of the facility;
(ii) at the time the facility was destroyed or damaged the controlling persons of the facility maintained insurance coverage for the type of hazard that occurred in an amount that a reasonable person would conclude was adequate;
(iii) the net proceeds from an insurance settlement for the damages caused by the hazard are applied to the cost of the new facility or repairs;
(iv) the new facility is constructed on the same site as the destroyed facility or on another site subject to the restrictions in section 144A.073, subdivision 5;
(v) the number of licensed and certified beds in the new facility does not exceed the number of licensed and certified beds in the destroyed facility; and
(vi) the commissioner determines that the replacement beds are needed to prevent an inadequate supply of beds.
Project construction costs incurred for repairs authorized under this clause shall not be considered in the dollar threshold amount defined in subdivision 2;
(b) to license or certify beds that are moved from one location to another within a nursing home facility, provided the total costs of remodeling performed in conjunction with the relocation of beds does not exceed 25 percent of the appraised value of the facility or $500,000, whichever is less;
(c) to license or certify beds in a project recommended for approval under section 144A.073;
(d) to license or certify beds that are moved from an existing state nursing home to a different state facility, provided there is no net increase in the number of state nursing home beds;
(e) to certify and license as nursing home beds boarding care beds in a certified boarding care facility if the beds meet the standards for nursing home licensure, or in a facility that was granted an exception to the moratorium under section 144A.073, and if the cost of any remodeling of the facility does not exceed 25 percent of the appraised value of the facility or $500,000, whichever is less. If boarding care beds are licensed as nursing home beds, the number of boarding care beds in the facility must not increase beyond the number remaining at the time of the upgrade in licensure. The provisions contained in section 144A.073 regarding the upgrading of the facilities do not apply to facilities that satisfy these requirements;
(f) to license and certify up to 40 beds transferred from an existing facility owned and operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the same location as the existing facility that will serve persons with Alzheimer's disease and other related disorders. The transfer of beds may occur gradually or in stages, provided the total number of beds transferred does not exceed 40. At the time of licensure and certification of a bed or beds in the new unit, the commissioner of health shall delicense and decertify the same number of beds in the existing facility. As a condition of receiving a license or certification under this clause, the facility must make a written commitment to the commissioner of human services that it will not seek to receive an increase in its property-related payment rate as a result of the transfers allowed under this paragraph;
(g) to license and certify nursing home beds to replace currently licensed and certified boarding care beds which may be located either in a remodeled or renovated boarding care or nursing home facility or in a remodeled, renovated, newly constructed, or replacement nursing home facility within the identifiable complex of health care facilities in which the currently licensed boarding care beds are presently located, provided that the number of boarding care beds in the facility or complex are decreased by the number to be licensed as nursing home beds and further provided that, if the total costs of new construction, replacement, remodeling, or renovation exceed ten percent of the appraised value of the facility or $200,000, whichever is less, the facility makes a written commitment to the commissioner of human services that it will not seek to receive an increase in its property-related payment rate by reason of the new construction, replacement, remodeling, or renovation. The provisions contained in section 144A.073 regarding the upgrading of facilities do not apply to facilities that satisfy these requirements;
(h) to license as a nursing home and certify as a nursing facility a facility that is licensed as a boarding care facility but not certified under the medical assistance program, but only if the commissioner of human services certifies to the commissioner of health that licensing the facility as a nursing home and certifying the facility as a nursing facility will result in a net annual savings to the state general fund of $200,000 or more;
(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing home beds in a facility that was licensed and in operation prior to January 1, 1992;
(j) to license and certify new nursing home beds to replace beds in a facility condemned as part of an economic redevelopment plan in a city of the first class, provided the new facility is located within one mile of the site of the old facility. Operating and property costs for the new facility must be determined and allowed under existing reimbursement rules;
(k) to license and certify up to 20 new nursing home beds in a community-operated hospital and attached convalescent and nursing care facility with 40 beds on April 21, 1991, that suspended operation of the hospital in April 1986. The commissioner of human services shall provide the facility with the same per diem property-related payment rate for each additional licensed and certified bed as it will receive for its existing 40 beds;
(l) to license or certify beds in renovation, replacement, or upgrading projects as defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the facility's remodeling projects do not exceed 25 percent of the appraised value of the facility or $500,000, whichever is less;
(m) to license and certify beds that are moved from one location to another for the purposes of converting up to five four-bed wards to single or double occupancy rooms in a nursing home that, as of January 1, 1993, was county-owned and had a licensed capacity of 115 beds;
(n) to allow a facility that on April 16, 1993, was a 106-bed
licensed and certified nursing facility located in Minneapolis to
layaway all of its licensed and certified nursing home beds.
These beds may be relicensed and recertified in a
newly-constructed teaching nursing home facility affiliated with
a teaching hospital upon approval by the legislature. The
proposal must be developed in consultation with the interagency
committee on long-term care planning. The beds on layaway status
shall have the same status as voluntarily delicensed and
decertified beds, except that beds on layaway status remain
subject to the surcharge in section 256.9657. This layaway
provision expires July 1, 1995 1997;
(o) to allow a project which will be completed in conjunction with an approved moratorium exception project for a nursing home in southern Cass county and which is directly related to that portion of the facility that must be repaired, renovated, or replaced, to correct an emergency plumbing problem for which a state correction order has been issued and which must be corrected by August 31, 1993;
(p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to the commissioner, up to 30 of the facility's licensed and certified beds by converting three-bed wards to single or double occupancy. Beds on layaway status shall have the same status as voluntarily delicensed and decertified beds except that beds on layaway status remain subject to the surcharge in section 256.9657, remain subject to the license application and renewal fees under section 144A.07 and shall be subject to a $100 per bed reactivation fee. In addition, at any time within three years of the effective date of the layaway, the beds on layaway status may be:
(1) relicensed and recertified upon relocation and reactivation of some or all of the beds to an existing licensed and certified facility or facilities located in Pine River, Brainerd, or International Falls; provided that the total project construction costs related to the relocation of beds from layaway status for any facility receiving relocated beds may not exceed the dollar threshold provided in subdivision 2 unless the construction project has been approved through the moratorium exception process under section 144A.073;
(2) relicensed and recertified, upon reactivation of some or all of the beds within the facility which placed the beds in layaway status, if the commissioner has determined a need for the reactivation of the beds on layaway status.
The property-related payment rate of a facility placing beds on layaway status must be adjusted by the incremental change in its rental per diem after recalculating the rental per diem as provided in section 256B.431, subdivision 3a, paragraph (d). The property-related payment rate for a facility relicensing and recertifying beds from layaway status must be adjusted by the incremental change in its rental per diem after recalculating its rental per diem using the
number of beds after the relicensing to establish the facility's capacity day divisor, which shall be effective the first day of the month following the month in which the relicensing and recertification became effective. Any beds remaining on layaway status more than three years after the date the layaway status became effective must be removed from layaway status and immediately delicensed and decertified;
(q) to license and certify beds in a renovation and remodeling
project to convert 13 three-bed wards into 13 two-bed
rooms and 13 single-bed rooms, expand space, and add
improvements in a nursing home that, as of January 1,
1994, met the following conditions: the nursing home
was located in Ramsey county; was not owned by a
hospital corporation; had a licensed capacity of 64 beds;
and had been ranked among the top 15 applicants by the
1993 moratorium exceptions advisory review panel. The
total project construction cost estimate for this project
must not exceed the cost estimate submitted in connection
with the 1993 moratorium exception process; or
(r) to license and certify beds in a renovation and remodeling
project to convert 12 four-bed wards into 24 two-bed rooms,
expand space, and add improvements in a nursing home that, as of
January 1, 1994, met the following conditions: the nursing home
was located in Ramsey county; had a licensed capacity of 154
beds; and had been ranked among the top 15 applicants by the 1993
moratorium exceptions advisory review panel. The total project
construction cost estimate for this project must not exceed the
cost estimate submitted in connection with the 1993 moratorium
exception process.;
(s) to license and certify up to 117 beds that are relocated from a licensed and certified 138-bed nursing facility located in St. Paul to a hospital with 130 licensed hospital beds located in South St. Paul, provided that the nursing facility and hospital are owned by the same or a related organization and that prior to the date the relocation is completed the hospital ceases operation of its inpatient hospital services at that hospital. After relocation, the nursing facility's status under section 256B.431, subdivision 2, shall be the same as it was prior to relocation. The nursing facility's property-related payment rate resulting from the project authorized in this paragraph shall become effective no earlier than April 1, 1996. For purposes of calculating the incremental change in the facility's rental per diem resulting from this project, the allowable appraised value of the nursing facility portion of the existing health care facility physical plant prior to the renovation and relocation may not exceed $2,490,000;
(t) to license and certify two beds in a facility to replace beds that were voluntarily delicensed and decertified on June 28, 1991;
(u) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed nursing home and 21-bed boarding care home facility in Minneapolis, notwithstanding the licensure and certification after July 1, 1995, of the Minneapolis facility as a 147-bed nursing home facility after completion of a construction project approved in 1993 under section 144A.073, to be laid away upon 30 days' prior written notice to the commissioner. Beds on layaway status shall have the same status as voluntarily delicensed or decertified beds except that they shall remain subject to the surcharge in section 256.9657. The 16 beds on layaway status may be relicensed as nursing home beds and recertified at any time within five years of the effective date of the layaway upon relocation of some or all of the beds to a licensed and certified facility located in Watertown, provided that the total project construction costs related to the relocation of beds from layaway status for the Watertown facility may not exceed the dollar threshold provided in subdivision 2 unless the construction project has been approved through the moratorium exception process under section 144A.073.
The property-related payment rate of the facility placing beds on layaway status must be adjusted by the incremental change in its rental per diem after recalculating the rental per diem as provided in section 256B.431, subdivision 3a, paragraph (d). The property-related payment rate for the facility relicensing and recertifying beds from layaway status must be adjusted by the incremental change in its rental per diem after recalculating its rental per diem using the number of beds after the relicensing to establish the facility's capacity day divisor, which shall be effective the first day of the month following the month in which the relicensing and recertification became effective. Any beds remaining on layaway status more than five years after the date the layaway status became effective must be removed from layaway status and immediately delicensed and decertified; or
(v) to license and certify beds that are moved within an existing area of a facility or to a newly-constructed addition which is built for the purpose of eliminating three- and four-bed rooms and adding space for dining, lounge areas, bathing rooms, and ancillary service areas in a nursing home that, as of January 1, 1995, was located in Fridley and had a licensed capacity of 129 beds.
Sec. 12. Minnesota Statutes 1994, section 144A.071, is amended by adding a subdivision to read:
Subd. 5a. [COST ESTIMATE OF A MORATORIUM EXCEPTION PROJECT.] (a) For the purposes of this section and section 144A.073, the cost estimate of a moratorium exception project shall include the effects of the proposed project on the costs of the state subsidy for community-based services, nursing services, and housing in institutional and noninstitutional settings. The commissioner of health, in cooperation with the commissioner of human services, shall define the method for estimating these costs in the permanent rule implementing section 144A.073. The commissioner of human services shall prepare an estimate of the total state annual long-term costs of each moratorium exception proposal.
(b) The interest rate to be used for estimating the cost of each moratorium exception project proposal shall be the lesser of either the prime rate plus two percentage points, or the posted yield for standard conventional fixed rate mortgages of the Federal Home Loan Mortgage Corporation plus two percentage points as published in the Wall Street Journal and in effect 56 days prior to the application deadline. If the applicant's proposal uses this interest rate, the commissioner of human services, in determining the facility's actual property-related payment rate to be established upon completion of the project must use the actual interest rate obtained by the facility for the project's permanent financing up to the maximum permitted under subdivision 6.
The applicant may choose an alternate interest rate for estimating the project's cost. If the applicant makes this election, the commissioner of human services, in determining the facility's actual property-related payment rate to be established upon completion of the project, must use the lesser of the actual interest rate obtained for the project's permanent financing or the interest rate which was used to estimate the proposal's project cost. For succeeding rate years, the applicant is at risk for financing costs in excess of the interest rate selected.
Sec. 13. Minnesota Statutes 1994, section 144A.073, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them:
(a) "Conversion" means the relocation of a nursing home bed from a nursing home to an attached hospital.
(b) "Relocation" means the movement of licensed nursing home beds or certified boarding care beds as permitted under subdivision 4, clause (3), and subdivision 5.
(c) "Renovation" means extensive remodeling of, or construction of an addition to, a facility on an existing site with a total cost exceeding ten percent of the appraised value of the facility or $200,000, whichever is less.
(c) (d) "Replacement" means the demolition
or, delicensure, reconstruction, or
construction of an addition to all or part of an
existing facility.
(d) (e) "Upgrading" means a change in the level
of licensure of a bed from a boarding care bed to a nursing home
bed in a certified boarding care facility.
Sec. 14. Minnesota Statutes 1994, section 144A.073, subdivision 2, is amended to read:
Subd. 2. [REQUEST FOR PROPOSALS.] At the intervals
specified in rules authorization by the legislature of
additional medical assistance expenditures for exceptions to the
moratorium on nursing homes, the interagency committee shall
publish in the State Register a request for proposals for nursing
home projects to be licensed or certified under section 144A.071,
subdivision 4a, clause (c). The public notice of this funding
and the request for proposals must specify how the approval
criteria will be prioritized by the advisory review panel, the
interagency long-term care planning committee, and the
commissioner. The notice must describe the information that
must accompany a request and state that proposals must be
submitted to the interagency committee within 90 days of the date
of publication. The notice must include the amount of the
legislative appropriation available for the additional costs to
the medical assistance program of projects approved under this
section. If no money is appropriated for a year, the notice
for that year must state that proposals will not be requested
because no appropriations were made the interagency
committee shall publish a notice to that effect, and no proposals
shall be requested. If money is appropriated, the interagency
committee shall initiate the application and review process
described in this section at least twice each biennium and up to
four times each biennium, according to dates established by rule.
Authorized funds shall be allocated proportionally to the number
of processes. Funds not encumbered by an earlier process within
a biennium shall carry forward to subsequent iterations of the
process. Authorization for expenditures does not carry forward
into the following biennium. To be considered for approval,
a proposal must include the following information:
(1) whether the request is for renovation, replacement,
upgrading, or conversion, or relocation;
(2) a description of the problem the project is designed to address;
(3) a description of the proposed project;
(4) an analysis of projected costs of the nursing facility
proposal, including initial construction and remodeling
costs,; site preparation costs,;
financing costs, including the current estimated long-term
financing costs of the proposal, which consists of estimates of
the amount and sources of money, reserves if required under the
proposed funding mechanism, annual payments schedule, interest
rates, length of term, closing costs and fees, insurance costs,
and any completed marketing study or underwriting review; and
estimated operating costs during the first two years after
completion of the project;
(5) for proposals involving replacement of all or part of a facility, the proposed location of the replacement facility and an estimate of the cost of addressing the problem through renovation;
(6) for proposals involving renovation, an estimate of the cost of addressing the problem through replacement;
(7) the proposed timetable for commencing construction and
completing the project; and
(8) a statement of any licensure or certification issues, such as certification survey deficiencies;
(9) the proposed relocation plan for current residents if beds are to be closed so that the department of human services can estimate the total costs of a proposal; and
(10) other information required by permanent rule of the commissioner of health in accordance with subdivisions 4 and 8.
Sec. 15. Minnesota Statutes 1994, section 144A.073, subdivision 3, is amended to read:
Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the limits
of money specifically appropriated to the medical assistance
program for this purpose, the interagency long-term care planning
committee may recommend that the commissioner of health grant
exceptions to the nursing home licensure or certification
moratorium for proposals that satisfy the requirements of this
section. The interagency committee shall appoint an advisory
review panel composed of representatives of consumers and
providers to review proposals and provide comments and
recommendations to the committee. The commissioners of human
services and health shall provide staff and technical assistance
to the committee for the review and analysis of proposals. The
interagency committee shall hold a public hearing before
submitting recommendations to the commissioner of health on
project requests. The committee shall submit recommendations
within 150 days of the date of the publication of the notice,
based on a comparison and ranking of proposals using the criteria
in subdivision 4. The commissioner of health shall approve
or disapprove a project within 30 days after receiving the
committee's recommendations. The advisory review panel, the
committee, and the commissioner of health shall base their
recommendations, approvals, or disapprovals on a comparison and
ranking of proposals using only the criteria in subdivision 4 and
in emergency and permanent rules adopted by the commissioner.
The cost to the medical assistance program of the proposals
approved must be within the limits of the appropriations
specifically made for this purpose. Approval of a proposal
expires 18 months after approval by the commissioner of health
unless the facility has commenced construction as defined in
section 144A.071, subdivision 1a, paragraph (d). The committee's
report to the legislature, as required under section 144A.31,
must include the projects approved, the criteria used to
recommend proposals for approval, and the estimated costs of the
projects, including the costs of initial construction and
remodeling, and the estimated operating costs during the first
two years after the project is completed.
Sec. 16. Minnesota Statutes 1994, section 144A.073, is amended by adding a subdivision to read:
Subd. 3c. [COST NEUTRAL RELOCATION PROJECTS.] (a) Notwithstanding subdivision 3, the interagency committee may at any time accept proposals, or amendments to proposals previously approved under this section, for relocations that are cost neutral with respect to state costs as defined in section 144A.071, subdivision 5a. The committee shall review these applications and make recommendations to the commissioner within 90 days. The committee must evaluate proposals according to subdivision 4, clauses (1), (2), and (3), and other criteria established in rule. The commissioner shall approve or disapprove a project within 30 days of receiving the committee's recommendation. Proposals and amendments approved under this subdivision are not subject to the six-mile limit in subdivision 5, paragraph (e).
(b) For the purposes of paragraph (a), cost neutrality shall be measured over the first three 12-month periods of operation after completion of the project.
Sec. 17. Minnesota Statutes 1994, section 144A.073, subdivision 4, is amended to read:
Subd. 4. [CRITERIA FOR REVIEW.] (a) The following
criteria must shall be used in a consistent
manner to compare and, evaluate, and
rank all proposals submitted. Except for the criteria
specified in clause (3), the application of criteria listed under
this subdivision shall not reflect any distinction based on the
geographic location of the proposed project:
(1) the extent to which the average occupancy rate of the
facility supports the need for the proposed project;
(2) the extent to which the average occupancy rate of all
facilities in the county in which the applicant is located,
together with all contiguous Minnesota counties, supports the
need for the proposed project;
(3) the extent to which the proposal furthers state
long-term care goals, including the goals stated in section
144A.31, and including the goal of enhancing the availability
and use of alternative care services and the goal of reducing the
number of long-term care resident rooms with more than two
beds;
(4) the cost-effectiveness of the proposal, including
(2) the proposal's long-term effects on the
state costs of the medical assistance program, as
determined by the commissioner of human services; and
including the cost estimate of the project according to
section 144A.071, subdivision 5a;
(5) other factors developed in rule by the commissioner of
health that evaluate and assess how the proposed project will
further promote or protect the health, safety, comfort,
treatment, or well-being of the facility's residents.
(b) In addition to the criteria in paragraph (a), the
following criteria must be used to evaluate, compare, and rank
proposals involving renovation or replacement:
(3) the extent to which the proposal promotes equitable access to long-term care services in nursing homes through redistribution of the nursing home bed supply, as measured by the number of beds relative to the population 85 or older, projected to the year 2000 by the state demographer, and according to items (i) to (iv):
(i) reduce beds in counties where the supply is high, relative to the statewide mean, and increase beds in counties where the supply is low, relative to the statewide mean;
(ii) adjust the bed supply so as to create the greatest benefits in improving the distribution of beds;
(iii) adjust the existing bed supply in counties so that the bed supply in a county moves toward the statewide mean; and
(iv) adjust the existing bed supply so that the distribution of beds as projected for the year 2020 would be consistent with projected need, based on the methodology outlined in the interagency long-term care committee's 1993 nursing home bed distribution study;
(1) (4) the extent to which the project improves
conditions that affect the health or safety of residents, such as
narrow corridors, narrow door frames, unenclosed fire exits, and
wood frame construction, and similar provisions contained in fire
and life safety codes and licensure and certification rules;
(2) (5) the extent to which the project improves
conditions that affect the comfort or quality of life of
residents in a facility or the ability of the facility to provide
efficient care, such as a relatively high number of residents in
a room; inadequate lighting or ventilation; poor access to
bathing or toilet facilities; a lack of available ancillary space
for dining rooms, day rooms, or rooms used for other activities;
problems relating to heating, cooling, or energy efficiency;
inefficient location of nursing stations; narrow corridors; or
other provisions contained in the licensure and
certification rules;
(6) the extent to which the applicant demonstrates the delivery of quality care, as defined in state and federal statutes and rules, to residents as evidenced by the two most recent state agency certification surveys and the applicants' response to those surveys;
(7) the extent to which the project removes the need for waivers or variances previously granted by either the licensing agency, certifying agency, fire marshal, or local government entity; and
(8) other factors that may be developed in permanent rule by the commissioner of health that evaluate and assess how the proposed project will further promote or protect the health, safety, comfort, treatment, or well-being of the facility's residents.
Sec. 18. Minnesota Statutes 1994, section 144A.073, subdivision 5, is amended to read:
Subd. 5. [REPLACEMENT RESTRICTIONS.] (a) Proposals submitted or approved under this section involving replacement must provide for replacement of the facility on the existing site except as allowed in this subdivision.
(b) Facilities located in a metropolitan statistical area other than the Minneapolis-St. Paul seven-county metropolitan area may relocate to a site within the same census tract or a contiguous census tract.
(c) Facilities located in the Minneapolis-St. Paul seven-county metropolitan area may relocate to a site within the same or contiguous health planning area as adopted in March 1982 by the metropolitan council.
(d) Facilities located outside a metropolitan statistical area may relocate to a site within the same city or township, or within a contiguous township.
(e) A facility relocated to a different site under paragraph (b), (c), or (d) must not be relocated to a site more than six miles from the existing site.
(f) The relocation of part of an existing first facility to a second location, under paragraphs (d) and (e), may include the relocation to the second location of up to four beds from part of an existing third facility located in a township contiguous to the location of the first facility. The six-mile limit in paragraph (e) does not apply to this relocation from the third facility.
(g) For proposals approved on January 13, 1994, under this section involving the replacement of 102 licensed and certified beds, the relocation of the existing first facility to the second and third locations under paragraphs (d) and (e) may include the relocation of up to 50 percent of the beds of the existing first facility to each of the locations. The six-mile limit in paragraph (e) does not apply to this relocation to the third location. Notwithstanding subdivision 3, construction of this project may be commenced any time prior to January 1, 1996.
Sec. 19. Minnesota Statutes 1994, section 144A.073, subdivision 8, is amended to read:
Subd. 8. [RULEMAKING.] The commissioner of health shall adopt
emergency or permanent rules to implement this section.
The permanent rules must be in accordance with and implement
only the criteria listed in this section. The authority to
adopt emergency permanent rules continues until
December 30, 1988 July 1, 1996.
Sec. 20. Minnesota Statutes 1994, section 198.003, subdivision 3, is amended to read:
Subd. 3. [USE OF FACILITIES CAMPUS.] The board
may allow veterans organizations or public or private social
service, educational, or rehabilitation agencies or organizations
and their clients to use surplus facilities space on a
home's campus, staff, and other resources of the board and
may require the participating agencies or organizations to pay
for that use.
Sec. 21. Minnesota Statutes 1994, section 198.003, subdivision 4, is amended to read:
Subd. 4. [VETERANS HOMES RESOURCES ACCOUNT.] Money received by
the board under subdivision 3 must be deposited in the state
treasury and credited to a veterans homes resources account in
the special revenue fund. Money in the account is appropriated
to the board to operate, maintain, and repair facilities
make repairs at the campus used under subdivision 3,
and to pay including payment of associated legal
fees and expenses.
Sec. 22. Minnesota Statutes 1994, section 256B.0641, subdivision 1, is amended to read:
Subdivision 1. [RECOVERY PROCEDURES; SOURCES.] Notwithstanding section 256B.72 or any law or rule to the contrary, when the commissioner or the federal government determines that an overpayment has been made by the state to any medical assistance vendor, the commissioner shall recover the overpayment as follows:
(1) if the federal share of the overpayment amount is due and
owing to the federal government under federal law and
regulations, the commissioner shall recover from the medical
assistance vendor the federal share of the determined overpayment
amount paid to that provider using the schedule of payments
required by the federal government; and
(2) if the overpayment to a medical assistance vendor is due to a retroactive adjustment made because the medical assistance vendor's temporary payment rate was higher than the established desk audit payment rate or because of a department error in calculating a payment rate, the commissioner shall recover from the medical assistance vendor the total amount of the overpayment within 120 days after the date on which written notice of the adjustment is sent to the medical assistance vendor or according to a schedule of payments approved by the commissioner; and
(3) a medical assistance vendor is liable for the overpayment amount owed by a long-term care provider if the vendors or their owners are under common control or ownership.
Sec. 23. Minnesota Statutes 1994, section 256B.431, subdivision 2j, is amended to read:
Subd. 2j. [HOSPITAL-ATTACHED NURSING FACILITY STATUS.] (a) For the purpose of setting rates under Minnesota Rules, parts 9549.0010 to 9549.0080, for rate years beginning after June 30, 1989, a hospital-attached nursing facility means a nursing facility which meets the requirements of clauses (1) to (3):
(1) the nursing facility is recognized by the federal
Medicare program to be a hospital-based nursing facility for
purposes of being subject to higher cost limits accorded
hospital-based nursing facilities under the Medicare program, or,
prior to June 30, 1983, was classified as a hospital-attached
nursing facility under Minnesota Rules, parts 9510.0010 to
9510.0480, provided that;
(2) the nursing facility's cost report filed under Minnesota Rules, parts 9549.0010 to 9549.0080, shall use the same cost allocation principles and methods used in the reports filed for the Medicare program except as provided in clause (3); and
(3) direct identification of costs to the nursing facility cost center will be permitted only when the comparable hospital costs have also been directly identified to a cost center which is not allocated to the nursing facility.
(b) For rate years beginning after June 30, 1989, a nursing facility and hospital, which have applied for hospital-based nursing facility status under the federal Medicare program during the reporting year or the nine-month period following the nursing facility's reporting year, shall be considered a hospital-attached nursing facility for purposes of setting payment rates under Minnesota Rules, parts 9549.0010 to 9549.0080, for the rate year following the reporting year or the nine-month period in which the facility made its Medicare application. The nursing facility must file its cost report or an amended cost report for that reporting year before the following rate year using Medicare principles and Medicare's recommended cost allocation methods had the Medicare program's hospital-based nursing facility status been granted to the nursing facility. For each subsequent rate year, the nursing facility must meet the definition requirements in paragraph (a). If the nursing facility is denied hospital-based nursing facility status under the Medicare program, the nursing facility's payment rates for the rate years the nursing facility was considered to be a hospital-attached nursing facility pursuant to this paragraph shall be recalculated treating the nursing facility as a non-hospital-attached nursing facility.
(c) For rate years beginning on or after July 1, 1995, a nursing facility shall be considered a hospital attached nursing facility for purposes of setting payment rates under Minnesota Rules, parts 9549.0010 to 9549.0080 and this section if it meets the requirements of paragraphs (a) and (b), and
(1) the hospital and nursing facility are physically attached or connected by a tunnel or skyway; or
(2) the nursing facility was recognized by the Medicare program as hospital attached as of January 1, 1995, and this status has been maintained continuously.
Sec. 24. Minnesota Statutes 1994, section 256B.431, subdivision 15, is amended to read:
Subd. 15. [CAPITAL REPAIR AND REPLACEMENT COST REPORTING AND
RATE CALCULATION.] For rate years beginning after June 30, 1993,
a nursing facility's capital repair and replacement payment rate
shall be established annually as provided in paragraphs (a) to
(d) (e).
(a) Notwithstanding Minnesota Rules, part 9549.0060, subpart
12, the costs of acquiring any of the following items
not included in the equity incentive computations under
subdivision 16 or reported as a capital asset addition under
subdivision 18, paragraph (b), including cash payment for
equity investment and principal and interest expense for debt
financing, shall must be reported in the capital
repair and replacement cost category when the cost of the item
exceeds $500:
(1) wall coverings;
(2) paint;
(3) floor coverings;
(4) window coverings;
(5) roof repair; and
(6) heating or cooling system repair or replacement;
(7) window repair or replacement;.
(8) initiatives designed to reduce energy usage by the
facility if accompanied by an energy audit prepared by a
professional engineer or architect registered in Minnesota, or by
an auditor certified under Minnesota Rules, part 7635.0130, to do
energy audits and the energy audit identifies the initiative as a
conservation measure; and
(9) repair or replacement of capital assets not included in
the equity incentive computations under subdivision 16.
(b) Notwithstanding Minnesota Rules, part 9549.0060, subpart 12, the repair or replacement of a capital asset not included in the equity incentive computations under subdivision 16 or reported as a capital asset addition under subdivision 18, paragraph (b), must be reported under this subdivision when the cost of the item exceeds $500, or in the plant operations and maintenance cost category when the cost of the item is equal to or less than $500.
(c) To compute the capital repair and replacement payment rate, the allowable annual repair and replacement costs for the reporting year must be divided by actual resident days for the reporting year. The annual allowable capital repair and replacement costs shall not exceed $150 per licensed bed. The excess of the allowed capital repair and replacement costs over the capital repair and replacement limit shall be a cost carryover to succeeding cost reporting periods, except that sale of a facility, under subdivision 14, shall terminate the carryover of all costs except those incurred in the most recent cost reporting year. The termination of the carryover shall have effect on the capital repair and replacement rate on the same date as provided in subdivision 14, paragraph (f), for the sale. For rate years beginning after June 30, 1994, the capital repair and replacement limit shall be subject to the index provided in subdivision 3f, paragraph (a). For purposes of this subdivision, the number of licensed beds shall be the number used to calculate the nursing facility's capacity days. The capital repair and replacement rate must be added to the nursing facility's total payment rate.
(c) (d) Capital repair and replacement costs
under this subdivision shall not be counted as either
care-related or other operating costs, nor subject to
care-related or other operating limits.
(d) (e) If costs otherwise allowable under this
subdivision are incurred as the result of a project approved
under the moratorium exception process in section 144A.073, or in
connection with an addition to or replacement of buildings,
attached fixtures, or land improvements for which the total
historical cost of these assets exceeds the lesser of $150,000 or
ten percent of the nursing facility's appraised value, these
costs must be claimed under subdivision 16 or 17, as
appropriate.
Sec. 25. Minnesota Statutes 1994, section 256B.431, subdivision 17, is amended to read:
Subd. 17. [SPECIAL PROVISIONS FOR MORATORIUM EXCEPTIONS.] (a) Notwithstanding Minnesota Rules, part 9549.0060, subpart 3, for rate periods beginning on October 1, 1992, and for rate years beginning after June 30, 1993, a nursing facility that (1) has completed a construction project approved under section 144A.071, subdivision 4a, clause (m); (2) has completed a construction project approved under section 144A.071, subdivision 4a and effective after June 30, 1995; or (3) has completed a renovation, replacement, or upgrading project approved under the moratorium exception process in section 144A.073 shall be reimbursed for costs directly identified to that project as provided in subdivision 16 and this subdivision.
(b) Notwithstanding Minnesota Rules, part 9549.0060, subparts 5, item A, subitems (1) and (3), and 7, item D, allowable interest expense on debt shall include:
(1) interest expense on debt related to the cost of purchasing or replacing depreciable equipment, excluding vehicles, not to exceed six percent of the total historical cost of the project; and
(2) interest expense on debt related to financing or refinancing costs, including costs related to points, loan origination fees, financing charges, legal fees, and title searches; and issuance costs including bond discounts, bond counsel, underwriter's counsel, corporate counsel, printing, and financial forecasts. Allowable debt related to items in this clause shall not exceed seven percent of the total historical cost of the project. To the extent these costs are financed, the straight-line amortization of the costs in this clause is not an allowable cost; and
(3) interest on debt incurred for the establishment of a debt reserve fund, net of the interest earned on the debt reserve fund.
(c) Debt incurred for costs under paragraph (b) is not subject to Minnesota Rules, part 9549.0060, subpart 5, item A, subitem (5) or (6).
(d) The incremental increase in a nursing facility's rental rate, determined under Minnesota Rules, parts 9549.0010 to 9549.0080, and this section, resulting from the acquisition of allowable capital assets, and allowable debt and interest expense under this subdivision shall be added to its property-related payment rate and shall be effective on the first day of the month following the month in which the moratorium project was completed.
(e) Notwithstanding subdivision 3f, paragraph (a), for rate periods beginning on October 1, 1992, and for rate years beginning after June 30, 1993, the replacement-costs-new per bed limit to be used in Minnesota Rules, part 9549.0060, subpart 4, item B, for a nursing facility that has completed a renovation, replacement, or upgrading project that has been approved under the moratorium exception process in section 144A.073, or that has completed an addition to or replacement of buildings, attached fixtures, or land improvements for which the total historical cost exceeds the lesser of $150,000 or ten percent of the most recent appraised value, must be $47,500 per licensed bed in multiple-bed rooms and $71,250 per licensed bed in a single-bed room. These amounts must be adjusted annually as specified in subdivision 3f, paragraph (a), beginning January 1, 1993.
(f) A nursing facility that completes a project identified in this subdivision and, as of April 17, 1992, has not been mailed a rate notice with a special appraisal for a completed project, or completes a project after April 17, 1992, but before September 1, 1992, may elect either to request a special reappraisal with the corresponding adjustment to the property-related payment rate under the laws in effect on June 30, 1992, or to submit their capital asset and debt information after that date and obtain the property-related payment rate adjustment under this section, but not both.
(g) For purposes of this paragraph, a total replacement means the complete replacement of the nursing facility's physical plant through the construction of a new physical plant or the transfer of the nursing facility's license from one physical plant location to another. For total replacement projects completed on or after July 1, 1992, the commissioner shall compute the incremental change in the nursing facility's rental per diem, for rate years beginning on or after July 1, 1995, by replacing its appraised value, including the historical capital asset costs, and the capital debt and interest costs with the new nursing facility's allowable capital asset costs and the related allowable capital debt and interest costs. If the new nursing facility has decreased its licensed capacity, the aggregate investment per bed limit in subdivision 3a, paragraph (d), shall apply. If the new nursing facility has retained a portion of the original physical plant for nursing facility usage, then a portion of the appraised value prior to the replacement must be retained and included in the calculation of the incremental change in the nursing facility's rental per diem. For purposes of this part, the original nursing facility means the nursing facility prior to the total replacement project. The portion of the appraised value to be retained shall be calculated according to clauses (1) to (3):
(1) The numerator of the allocation ratio shall be the square footage of the area in the original physical plant which is being retained for nursing facility usage.
(2) The denominator of the allocation ratio shall be the total square footage of the original nursing facility physical plant.
(3) Each component of the nursing facility's allowable appraised value prior to the total replacement project shall be multiplied by the allocation ratio developed by dividing clause (1) by clause (2).
In the case of either type of total replacement as authorized under section 144A.071 or 144A.073, the provisions of this subdivision shall also apply. For purposes of the moratorium exception authorized under section 144A.071, subdivision 4a, paragraph (s), if the total replacement involves the renovation and use of an existing health care facility physical plant, the new allowable capital asset costs and related debt and interest costs shall include first the allowable capital asset costs and related debt and interest costs of the renovation, to which shall be added the allowable capital asset costs of the existing physical plant prior to the renovation, and if reported by the facility, the related allowable capital debt and interest costs.
Sec. 26. Minnesota Statutes 1994, section 256B.431, is amended by adding a subdivision to read:
Subd. 25. [CHANGES TO NURSING FACILITY REIMBURSEMENT BEGINNING JULY 1, 1995.] The nursing facility reimbursement changes in paragraphs (a) to (g) shall apply in the sequence specified to Minnesota Rules, parts 9549.0010 to 9549.0080, and this section, beginning July 1, 1995.
(a) The eight-cent adjustment to care-related rates in subdivision 22, paragraph (e), shall no longer apply.
(b) For rate years beginning on or after July 1, 1995, the commissioner shall limit a nursing facility's allowable operating per diem for each case mix category for each rate year as in clauses (1) to (3).
(1) For the rate year beginning July 1, 1995, the commissioner shall group nursing facilities into two groups, freestanding and nonfreestanding, within each geographic group, using their operating cost per diem for the case mix A classification. A nonfreestanding nursing facility is a nursing facility whose other operating cost per diem is subject to the hospital attached, short length of stay, or the rule 80 limits. All other nursing facilities shall be considered freestanding nursing facilities. The commissioner shall then array all nursing facilities in each grouping by their allowable case mix A operating cost per diem. In calculating a nursing facility's operating cost per diem for this purpose, the commissioner shall exclude the raw food cost per diem related to providing special diets that are based on religious beliefs, as determined in subdivision 2b, paragraph (h). For those nursing facilities in each grouping whose case mix A operating cost per diem:
(i) is at or below the median minus 1.0 standard deviation of the array, the commissioner shall limit the nursing facility's allowable operating cost per diem for each case mix category to the lesser of the prior reporting year's allowable operating cost per diems plus the inflation factor as established in paragraph (f), clause (2), increased by six percentage points, or the current reporting year's corresponding allowable operating cost per diem;
(ii) is between minus .5 standard deviation and minus 1.0 standard deviation below the median of the array, the commissioner shall limit the nursing facility's allowable operating cost per diem for each case mix category to the lesser of the prior reporting year's allowable operating cost per diems plus the inflation factor as established in paragraph (f), clause (2), increased by four percentage points, or the current reporting year's corresponding allowable operating cost per diem; or
(iii) is equal to or above minus .5 standard deviation below the median of the array, the commissioner shall limit the nursing facility's allowable operating cost per diem for each case mix category to the lesser of the prior reporting year's allowable operating cost per diems plus the inflation factor as established in paragraph (f), clause (2), increased by three percentage points, or the current reporting year's corresponding allowable operating cost per diem.
(2) For the rate year beginning on July 1, 1996, the commissioner shall limit the nursing facility's allowable operating cost per diem for each case mix category to the lesser of the prior reporting year's allowable operating cost per diems plus the inflation factor as established in paragraph (f), clause (2), increased by one percentage point or the current reporting year's corresponding allowable operating cost per diems; and
(3) For rate years beginning on or after July 1, 1997, the commissioner shall limit the nursing facility's allowable operating cost per diem for each case mix category to the lesser of the reporting year prior to the current reporting year's allowable operating cost per diems plus the inflation factor as established in paragraph (f), clause (2), or the current reporting year's corresponding allowable operating cost per diems.
(c) For rate years beginning on July 1, 1995, the commissioner shall limit the allowable operating cost per diems for high cost nursing facilities. After application of the limits in paragraph (b) to each nursing facility's operating cost per diems, the commissioner shall group nursing facilities into two groups, freestanding or nonfreestanding, within each geographic group. A nonfreestanding nursing facility is a nursing facility whose other operating cost per diems are subject to hospital attached, short length of stay, or rule 80 limits. All other nursing facilities shall be considered freestanding nursing facilities. The commissioner shall then array all nursing facilities within each grouping by their allowable case mix A operating cost per diems. In calculating a nursing facility's operating cost per diem for this purpose, the commissioner shall exclude the raw food cost per diem related to providing special diets that are based on religious beliefs, as determined in subdivision 2b, paragraph (h). For those nursing facilities in each grouping whose case mix A operating cost per diem exceeds 1.0 standard deviation above the median, the commissioner shall reduce their allowable operating cost per diems by two percent. For those nursing facilities in each grouping whose case mix A operating cost per diem exceeds 0.5 standard deviation above the median but is less than or equal to 1.0 standard deviation above the median, the commissioner shall reduce their allowable operating cost per diems by one percent.
(d) For rate years beginning on or after July 1, 1996, the commissioner shall limit the allowable operating cost per diems for high cost nursing facilities. After application of the limits in paragraph (b) to each nursing facility's operating cost per diems, the commissioner shall group nursing facilities into two groups, freestanding or nonfreestanding, within each geographic group. A nonfreestanding nursing facility is a nursing facility whose other
operating cost per diems are subject to hospital attached, short length of stay, or rule 80 limits. All other nursing facilities shall be considered freestanding nursing facilities. The commissioner shall then array all nursing facilities within each grouping by their allowable case mix A operating cost per diems. In calculating a nursing facility's operating cost per diem for this purpose, the commissioner shall exclude the raw food cost per diem related to providing special diets that are based on religious beliefs, as determined in subdivision 2b, paragraph (h). In those nursing facilities in each grouping whose case mix A operating cost per diem exceeds 1.0 standard deviation above the median, the commissioner shall reduce their allowable operating cost per diems by three percent. For those nursing facilities in each grouping whose case mix A operating cost per diem exceeds 0.5 standard deviation above the median but is less than or equal to 1.0 standard deviation above the median, the commissioner shall reduce their allowable operating cost per diems by two percent.
(e) For rate years beginning on or after July 1, 1995, the commissioner shall determine a nursing facility's efficiency incentive by first computing the allowable difference, which is the lesser of $4.50 or the amount by which the facility's other operating cost limit exceeds its nonadjusted other operating cost per diem for that rate year. The commissioner shall compute the efficiency incentive by:
(1) subtracting the allowable difference from $4.50 and dividing the result by $4.50;
(2) multiplying 0.20 by the ratio resulting from clause (1), and then;
(3) adding 0.50 to the result from clause (2); and
(4) multiplying the result from clause (3) times the allowable difference.
The nursing facility's efficiency incentive payment shall be the lesser of $2.25 or the product obtained in clause (4).
(f) For rate years beginning on or after July 1, 1995, the forecasted price index for a nursing facility's allowable operating cost per diems shall be determined under clause (1) to (3) using the change in the Consumer Price Index-All Items (United States city average) (CPI-U) or the change in the Nursing Home Market Basket, both as forecasted by Data Resources Inc. whichever is applicable. The commissioner shall use the indices as forecasted in the fourth quarter of the calendar year preceding the rate year, subject to subdivision 2l, paragraph (c). If, as a result of federal legislative or administrative action, the methodology used to calculate the Consumer Price Index-All Items (United States city average) (CPI-U) changes, the commissioner shall develop a conversion factor or other methodology to convert the CPI-U index factor that results from the new methodology to an index factor that approximates, as closely as possible, the index factor that would have resulted from application of the original CPI-U methodology prior to any changes in methodology. The commissioner shall use the conversion factor or other methodology to calculate an adjusted inflation index. The adjusted inflation index must be used to calculate payment rates under this section instead of the CPI-U index specified in paragraph (d). If the commissioner is required to develop an adjusted inflation index, the commissioner shall report to the legislature as part of the next budget submission the fiscal impact of applying this index.
(1) The CPI-U forecasted index for allowable operating cost per diems shall be based on the 21-month period from the midpoint of the nursing facility's reporting year to the midpoint of the rate year following the reporting year.
(2) The Nursing Home Market Basket forecasted index for allowable operating costs and per diem limits shall be based on the 12-month period between the midpoints of the two reporting years preceding the rate year.
(3) For rate years beginning on or after July 1, 1996, the forecasted index for operating cost limits referred to in subdivision 21, paragraph (b), shall be based on the CPI-U for the 12-month period between the midpoints of the two reporting years preceding the rate year.
(g) After applying these provisions for the respective rate years, the commissioner shall index these allowable operating costs per diems by the inflation factor provided for in paragraph (f), clause (1), and add the nursing facility's efficiency incentive as computed in paragraph (e).
Sec. 27. Minnesota Statutes 1994, section 256B.432, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them.
(a) "Management agreement" means an agreement in which one or more of the following criteria exist:
(1) the central, affiliated, or corporate office has or is
authorized to assume day-to-day operational control of the
long-term care nursing facility for any six-month
period within a 24-month period. "Day-to-day operational
control" means that the central, affiliated, or corporate office
has the authority to require, mandate, direct, or compel the
employees of the long-term care nursing facility to
perform or refrain from performing certain acts, or to supplant
or take the place of the top management of the long-term
care nursing facility. "Day-to-day operational
control" includes the authority to hire or terminate employees or
to provide an employee of the central, affiliated, or corporate
office to serve as administrator of the long-term care
nursing facility;
(2) the central, affiliated, or corporate office performs or is
authorized to perform two or more of the following: the
execution of contracts; authorization of purchase orders;
signature authority for checks, notes, or other financial
instruments; requiring the long-term care nursing
facility to use the group or volume purchasing services of the
central, affiliated, or corporate office; or the authority to
make annual capital expenditures for the long-term care
nursing facility exceeding $50,000, or $500 per licensed
bed, whichever is less, without first securing the approval of
the long-term care nursing facility board of
directors;
(3) the central, affiliated, or corporate office becomes or is required to become the licensee under applicable state law;
(4) the agreement provides that the compensation for services
provided under the agreement is directly related to any profits
made by the long-term care nursing facility; or
(5) the long-term care nursing facility entering
into the agreement is governed by a governing body that meets
fewer than four times a year, that does not publish notice of its
meetings, or that does not keep formal records of its
proceedings.
(b) "Consulting agreement" means any agreement the purpose of
which is for a central, affiliated, or corporate office to
advise, counsel, recommend, or suggest to the owner or operator
of the nonrelated long-term care nursing facility
measures and methods for improving the operations of the
long-term care nursing facility.
(c) "Long-term care Nursing facility" means a
nursing facility whose medical assistance rates are determined
according to section 256B.431 or an intermediate care facility
for persons with mental retardation and related conditions whose
medical assistance rates are determined according to section
256B.501.
Sec. 28. Minnesota Statutes 1994, section 256B.432, subdivision 2, is amended to read:
Subd. 2. [EFFECTIVE DATE.] For rate years beginning on or
after July 1, 1990, the central, affiliated, or corporate office
cost allocations in subdivisions 3 to 6 must be used when
determining medical assistance rates under sections 256B.431 and
256B.501 256B.50.
Sec. 29. Minnesota Statutes 1994, section 256B.432, subdivision 3, is amended to read:
Subd. 3. [ALLOCATION; DIRECT IDENTIFICATION OF COSTS OF
LONG-TERM CARE NURSING FACILITIES; MANAGEMENT
AGREEMENT.] All costs that can be directly identified with a
specific long-term care nursing facility that is a
related organization to the central, affiliated, or corporate
office, or that is controlled by the central, affiliated, or
corporate office under a management agreement, must be allocated
to that long-term care nursing facility.
Sec. 30. Minnesota Statutes 1994, section 256B.432, subdivision 5, is amended to read:
Subd. 5. [ALLOCATION OF REMAINING COSTS; ALLOCATION RATIO.]
(a) After the costs that can be directly identified according to
subdivisions 3 and 4 have been allocated, the remaining central,
affiliated, or corporate office costs must be allocated between
the long-term care nursing facility operations and
the other activities or facilities unrelated to the long-term
care nursing facility operations based on the ratio of
total operating costs.
(b) For purposes of allocating these remaining central, affiliated, or corporate office costs, the numerator for the allocation ratio shall be determined as follows:
(1) for long-term care nursing facilities that
are related organizations or are controlled by a central,
affiliated, or corporate office under a management agreement, the
numerator of the allocation ratio shall be equal to the sum of
the total operating costs incurred by each related organization
or controlled long-term care nursing facility;
(2) for a central, affiliated, or corporate office providing
goods or services to related organizations that are not
long-term care nursing facilities, the numerator of
the allocation ratio shall be equal to the sum of the total
operating costs incurred by the non-long-term care
nonnursing facility related organizations;
(3) for a central, affiliated, or corporate office providing
goods or services to unrelated long-term care
nursing facilities under a consulting agreement, the
numerator of the allocation ratio shall be equal to the greater
of directly identified central, affiliated, or corporate costs or
the contracted amount; or
(4) for business activities that involve the providing of goods
or services to unrelated parties which are not long-term
care nursing facilities, the numerator of the
allocation ratio shall be equal to the greater of directly
identified costs or revenues generated by the activity or
function.
(c) The denominator for the allocation ratio is the sum of the numerators in paragraph (b), clauses (1) to (4).
Sec. 31. Minnesota Statutes 1994, section 256B.432, subdivision 6, is amended to read:
Subd. 6. [COST ALLOCATION BETWEEN LONG-TERM CARE
NURSING FACILITIES.] (a) Those long-term care
nursing operations that have long-term care
nursing facilities both in Minnesota and comparable
facilities outside of Minnesota must allocate the
long-term care nursing operation's central,
affiliated, or corporate office costs identified in subdivision 5
to Minnesota based on the ratio of total resident days in
Minnesota long-term care nursing facilities to the
total resident days in all facilities.
(b) The Minnesota long-term care nursing
operation's central, affiliated, or corporate office costs
identified in paragraph (a) must be allocated to each Minnesota
long-term care nursing facility on the basis of
resident days.
Sec. 32. [256B.434] [CONTRACTUAL ALTERNATIVE PAYMENT DEMONSTRATION PROJECT FOR NURSING HOMES.]
Subdivision 1. [ALTERNATIVE PAYMENT DEMONSTRATION PROJECT ESTABLISHED.] The commissioner of human services shall establish a contractual alternative payment demonstration project for paying for nursing facility services under the medical assistance program. A nursing facility may apply to be paid under the contractual alternative payment demonstration project instead of the cost-based payment system established under section 256B.431. A nursing facility electing to use the alternative payment demonstration project must enter into a contract with the commissioner. Payment rates and procedures for facilities electing to use the alternative payment demonstration project are determined and governed by this section and by the terms of the contract. The commissioner may negotiate different contract terms for different nursing facilities.
Subd. 2. [REQUESTS FOR PROPOSALS.] (a) No later than August 1, 1995, the commissioner shall publish in the State Register a request for proposals to provide nursing facility services according to this section. The commissioner shall issue two additional requests for proposals prior to July 1, 1997, based upon a timetable established by the commissioner. The commissioner must respond to all proposals in a timely manner.
(b) The commissioner may reject any proposal if, in the judgment of the commissioner, a contract with a particular facility is not in the best interests of the residents of the facility or the state of Minnesota. The commissioner may accept up to the number of proposals that can be adequately supported with available state resources, as determined by the commissioner, except that the commissioner shall not contract with more than 40 nursing facilities as part of any request for proposals. The commissioner may accept proposals from a single nursing facility or from a group of facilities through a managing entity. The commissioner shall seek to ensure that nursing facilities under contract are located in all geographic areas of the state. The commissioner shall present recommendations to the legislature by February 1, 1996, on the number of nursing facility contracts that may be entered into by the commissioner as a result of a request for proposals.
(c) In issuing the request for proposals, the commissioner may develop reasonable requirements which, in the judgment of the commissioner, are necessary to protect residents or ensure that the contractual alternative payment demonstration project furthers the interest of the state of Minnesota. The request for proposals may include, but need not be limited to, the following:
(1) a requirement that a nursing facility make reasonable efforts to maximize Medicare payments on behalf of eligible residents;
(2) requirements designed to prevent inappropriate or illegal discrimination against residents enrolled in the medical assistance program as compared to private paying residents;
(3) requirements designed to ensure that admissions to a nursing facility are appropriate and that reasonable efforts are made to place residents in home and community-based settings when appropriate;
(4) a requirement to agree to participate in a project to develop data collection systems and outcome-based standards for managed care contracting for long-term care services. Among other requirements specified by the commissioner, each facility entering into a contract may be required to pay an annual fee in an amount determined by the commissioner not to exceed $50 per bed. Revenue generated from the fees is appropriated to the commissioner and must be used to contract with a qualified consultant or contractor to develop data collection systems and outcome-based contracting standards;
(5) a requirement that contractors agree to maintain Medicare cost reports and to submit them to the commissioner upon request or at times specified by the commissioner;
(6) a requirement for demonstrated willingness and ability to develop and maintain data collection and retrieval systems to be used in measuring outcomes; and
(7) a requirement to provide all information and assurances required by the terms and conditions of the federal waiver or federal approval.
(d) In addition to the information and assurances contained in the submitted proposals, the commissioner may consider the following in determining whether to accept or deny a proposal:
(1) the facility's history of compliance with federal and state laws and rules;
(2) whether the facility has a record of excessive licensure fines or sanctions or fraudulent cost reports;
(3) financial history and solvency; and
(4) other factors identified by the commissioner that the commissioner deems relevant to a determination that a contract with a particular facility is not in the best interests of the residents of the facility or the state of Minnesota.
(e) If the commissioner rejects the proposal of a nursing facility, the commissioner shall provide written notice to the facility of the reason for the rejection, including the factors and evidence upon which the rejection was based.
Subd. 3. [DURATION AND TERMINATION OF CONTRACTS.] (a) Subject to available resources, the commissioner may begin to execute contracts with nursing facilities November 1, 1995.
(b) All contracts entered into under this section are for a term of four years. Either party may terminate a contract effective July 1 of any year by providing written notice to the other party no later than April 1 of that year. If neither party provides written notice of termination by April 1, the contract is automatically renewed for the next rate year. The parties may voluntarily renegotiate the terms of the contract at any time by mutual agreement.
(c) If a nursing facility fails to comply with the terms of a contract, the commissioner shall provide reasonable notice regarding the breach of contract and a reasonable opportunity for the facility to come into compliance. If the facility fails to come into compliance or to remain in compliance, the commissioner may terminate the contract. If a contract is terminated, the contract payment remains in effect for the remainder of the rate year in which the contract was terminated, but in all other respects the provisions of this section do not apply to that facility effective the date the contract is terminated. The contract shall contain a provision governing the transition back to the cost-based reimbursement system established under section 256B.431, subdivision 25, and Minnesota Rules, parts 9549.0010 to 9549.0080. A contract entered into under this section may be amended by mutual agreement of the parties.
Subd. 4. [ALTERNATE RATES FOR NURSING FACILITIES.] (a) For nursing facilities which have their payment rates determined under this section rather than section 256B.431, subdivision 25, the commissioner shall establish a rate under this subdivision. The nursing facility must enter into a written contract with the commissioner.
(b) A nursing facility's case mix payment rate for the first rate year of a facility's contract under this section is the payment rate the facility would have received under section 256B.431, subdivision 25.
(c) A nursing facility's case mix payment rates for the second and subsequent years of a facility's contract under this section are the previous rate year's contract payment rates plus an inflation adjustment. The index for the inflation adjustment must be based on the change in the Consumer Price Index-All Items (United States City average) (CPI-U) forecasted by Data Resources, Inc., as forecasted in the fourth quarter of the calendar year preceding the rate year. The inflation adjustment must be based on the 12-month period from the midpoint of the previous rate year to the midpoint of the rate year for which the rate is being determined.
(d) The commissioner may develop additional incentive-based payments of up to five percent above the standard contract rate for achieving outcomes specified in each contract. The incentive system may be implemented for contract rate years beginning on or after July 1, 1996. The specified outcomes must be measurable and must be based on criteria to be developed by the commissioner. The commissioner may establish, for each contract, various levels of achievement within an outcome. After the outcomes have been specified the commissioner shall assign various levels of payment associated with achieving the outcome. Any incentive-based payment cancels if there is a termination of the contract. In establishing the specified outcomes and related criteria the commissioner shall consider the following state policy objectives:
(1) improved cost effectiveness and quality of life as measured by improved clinical outcomes;
(2) successful diversion or discharge to community alternatives;
(3) decreased acute care costs;
(4) improved consumer satisfaction;
(5) the achievement of quality; or
(6) any additional outcomes the commissioner finds desirable.
Subd. 5. [PRIVATE PAY RATES.] (a) Notwithstanding section 256B.48, subdivision 1, paragraph (a), the commissioner shall determine the maximum private pay case mix payment rates for nursing facilities that have entered into an alternative payment demonstration contract under this section as specified in this subdivision. Nothing in this section shall limit the exceptions for private pay rates authorized under section 256B.48, subdivision 1, paragraph (a).
(b) The maximum private pay rate for short-stay private paying residents who are discharged from the facility less than 101 days after admission is an amount equal to the greater of the Medicare payment rate for that facility or the resident's medical assistance case mix payment rate. For the first year of an alternative payment demonstration project contract the commissioner shall establish a maximum private paying rate for short-stay residents that is based on a nursing facility's estimated Medicare payment rate. When actual Medicare final rates are determined, the nursing facility shall retroactively adjust a private paying resident's rates and provide a refund or credit if the amount actually paid by the resident exceeds the amount that would have been paid using Medicare rates.
(c) When a private paying resident is admitted, a nursing facility shall determine, based on the resident's care plan, whether the resident is likely to be discharged less than 101 days after admission. If the resident is likely to be discharged less than 101 days after admission, the nursing facility may charge a short-stay private pay rate up to the maximum specified in paragraph (b). If the resident remains in the facility for longer than 100 days, the facility shall retroactively reduce the resident's payments to the maximum long-term rate specified in subdivision 4 effective from the date of admission and shall reimburse the resident for the overpayment. At the resident's option, the facility may reimburse residents for overpayments by providing a refund or a credit to be applied to future payments, or a combination of both, subject to the facility's right to offset for past-due payments. If the facility determines, based on the care plan, that the resident is likely to remain in the facility for longer than 100 days, the facility shall not charge a private pay rate greater than the maximum rate specified in subdivision 4.
(d) The provisions of paragraphs (b) and (c) do not apply to short-stay residents admitted prior to the effective date of a demonstration project contract.
Subd. 6. [CONTRACT PAYMENT RATES; APPEALS.] If an appeal is pending concerning the cost-based payment rates that are the basis for the calculation of the payment rate under the alternative payment demonstration project, the commissioner and the nursing facility may agree on an interim contract rate to be used until the appeal is resolved. When the appeal is resolved, the contract rate must be adjusted retroactively in accordance with the appeal decision.
Subd. 7. [CASE MIX ASSESSMENTS.] The commissioner may allow a contract facility to develop and implement a case mix assessment using the federal minimum data set resident assessment.
Subd. 8. [OPTIONAL HIGHER PAYMENTS FOR FIRST 100 DAYS.] The commissioner may include in the contract with a nursing facility under this section a higher rate for the first 100 days after admission than for subsequent days. The rate for the subsequent days must be reduced so that the estimated total cost to the medical assistance program will not exceed the estimated cost without the differential payment rates.
Subd. 9. [MANAGED CARE CONTRACTS FOR OTHER SERVICES.] Beginning July 1, 1995, the commissioner may contract with nursing facilities that have entered into alternative payment demonstration project contracts under this section to provide medical assistance services other than nursing facility care to residents of the facility under a prepaid, managed care payment system. For purposes of contracts entered into under this subdivision, the commissioner may waive one or more of the requirements for payment for ancillary services in section 256B.433. Managed care contracts for other services may be entered into at any time during the duration of a nursing facility's alternative payment demonstration project contract, and the terms of the managed care contracts need not coincide with the terms of the alternative payment demonstration project contract.
Subd. 10. [EXEMPTIONS.] (a) To the extent permitted by federal law, (1) a facility that