STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2009
_____________________
FORTIETH DAY
Saint Paul, Minnesota, Friday, April 24, 2009
The House of Representatives convened at
10:30 a.m. and was called to order by Al Juhnke, Speaker pro tempore.
Prayer was offered by Minister R'Gina
Sellers, Celebrate New Life Ministries International, Eagan, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Ward
Welti
Westrom
Winkler
Zellers
Spk.
Kelliher
A quorum was present.
Atkins, Lesch and Wagenius were excused.
Mariani was excused until 12:50 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Demmer
moved that further reading of the Journal be dispensed with and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF
CHIEF CLERK
S. F. No. 1288 and
H. F. No. 1532, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Kalin moved that the rules be so far
suspended that S. F. No. 1288 be substituted for
H. F. No. 1532 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1539 and
H. F. No. 1719, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Atkins moved that the rules be so far
suspended that S. F. No. 1539 be substituted for
H. F. No. 1719 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1711 and
H. F. No. 1717, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Atkins moved that the rules be so far
suspended that S. F. No. 1711 be substituted for
H. F. No. 1717 and that the House File be indefinitely
postponed. The motion prevailed.
PETITIONS
AND COMMUNICATIONS
The following
communication was received:
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
I have the honor to
inform you that the following enrolled Act of the 2009 Session of the State
Legislature has been received from the Office of the Governor and is deposited
in the Office of the Secretary of State for preservation, pursuant to the State
Constitution, Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session
Laws Chapter
No. |
Time and Date
Approved 2009 |
Date Filed 2009 |
` 33 24 1:10 p.m.
April 23 April
23
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING
COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F. No.
1362, A bill for an act relating to human services; requiring the commissioner
to apply for federal funds; amending Minnesota Statutes 2008, section 256D.051,
subdivision 2a.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
LICENSING
Section
1. Minnesota Statutes 2008, section
245A.10, subdivision 2, is amended to read:
Subd.
2. County
fees for background studies and licensing inspections. (a) For purposes of family and group family
child care licensing under this chapter, a county agency may charge a fee to an
applicant or license holder to recover the actual cost of background studies,
but in any case not to exceed $100 annually.
A county agency may also charge a license fee to an applicant or license
holder not to exceed $50 for a one-year license or $100 for a two-year license.
(b) A
county agency may charge a fee to a legal nonlicensed child care provider or
applicant for authorization to recover the actual cost of background studies
completed under section 119B.125, but in any case not to exceed $100 annually.
(c)
Counties may elect to reduce or waive the fees in paragraph (a) or (b):
(1) in
cases of financial hardship;
(2) if the
county has a shortage of providers in the county's area;
(3) for
new providers; or
(4) for
providers who have attained at least 16 hours of training before seeking
initial licensure.
(d)
Counties may allow providers to pay the applicant fees in paragraph (a) or (b)
on an installment basis for up to one year.
If the provider is receiving child care assistance payments from the
state, the provider may have the fees under paragraph (a) or (b) deducted from
the child care assistance payments for up to one year and the state shall
reimburse the county for the county fees collected in this manner.
(e) For
purposes of adult foster care and child foster care licensing under this
chapter, a county agency may charge a fee to a corporate applicant or corporate
license holder to recover the actual cost of background studies. A county agency may also charge a fee to a
corporate applicant or corporate license holder to recover the actual cost
of licensing inspections, not to exceed $500 annually.
(f)
Counties may elect to reduce or waive the fees in paragraph (e) under the
following circumstances:
(1) in
cases of financial hardship;
(2) if the
county has a shortage of providers in the county's area; or
(3) for new
providers.
Sec.
2. Minnesota Statutes 2008, section
245A.10, subdivision 3, is amended to read:
Subd.
3. Application
fee for initial license or certification.
(a) For fees required under subdivision 1, an applicant for an initial
license or certification issued by the commissioner shall submit a $500
$750 application fee with each new application required under this
subdivision. The application fee shall
not be prorated, is nonrefundable, and is in lieu of the annual license or
certification fee that expires on December 31.
The commissioner shall not process an application until the application
fee is paid.
(b) Except
as provided in clauses (1) to (3), an applicant shall apply for a license to
provide services at a specific location.
(1) For a
license to provide waivered residential-based habilitation
services to persons with developmental disabilities or related conditions
under chapter 245B, an applicant shall submit an application for each
county in which the waivered services will be provided. Upon licensure, the license holder may
provide services to persons in that county plus no more than three persons at
any one time in each of up to ten additional counties. A license holder in one county may not provide
services under the home and community-based waiver for persons with
developmental disabilities to more than three people in a second county without
holding a separate license for that second county. Applicants or licensees providing services
under this clause to not more than three persons remain subject to the
inspection fees established in section 245A.10, subdivision 2, for each
location.
(2) For a
license to provide supported employment, crisis respite, or semi-independent
living services to persons with developmental disabilities or related
conditions under chapter 245B, an applicant shall submit a single
application to provide services statewide.
(3) For a
license to provide independent living assistance for youth under section
245A.22, an applicant shall submit a single application to provide services
statewide.
Sec.
3. Minnesota Statutes 2008, section
245A.10, subdivision 4, is amended to read:
Subd.
4. License
or certification fee for certain programs a child care center. (a) A child care centers and
programs with a licensed capacity center shall pay an annual
nonrefundable license or certification fee based on the following
schedule:
Child
Care Center Other
Program License
License
Fee Fiscal Fee
Fiscal Year 2011
Licensed
Capacity Year
2010 and
thereafter
1 to 24
persons $225
$295 $400
$360
25 to 49
persons $340
$410 $600
$475
50 to 74
persons $450
$520 $800
$585
75 to 99
persons $565
$635 $1,000
$700
100 to
124 persons $675
$745 $1,200
$810
125 to
149 persons $900
$970 $1,400
$1,035
150 to 174
persons $1,050
$1,120 $1,600
$1,185
175 to
199 persons $1,200
$1,270 $1,800
$1,335
200 to
224 persons $1,350
$1,420 $2,000
$1,485
225 or
more persons $1,500
$1,570 $2,500
$1,635
(b) A day training and habilitation
program serving persons with developmental disabilities or related conditions
shall be assessed a license fee based on the schedule in paragraph (a) unless
the license holder serves more than 50 percent of the same persons at two or
more locations in the community. Except
as provided in paragraph (c), when a day training and habilitation program
serves more than 50 percent of the same persons in two or more locations in a
community, the day training and habilitation program shall pay a license fee
based on the licensed capacity of the largest facility and the other facility
or facilities shall be charged a license fee based on a licensed capacity of a
residential program serving one to 24 persons.
(c) When a day training and
habilitation program serving persons with developmental disabilities or related
conditions seeks a single license allowed under section 245B.07, subdivision
12, clause (2) or (3), the licensing fee must be based on the combined licensed
capacity for each location.
Sec. 4. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4a.
License fee for an adult day
care center. An adult day
care center licensed under Minnesota Rules, parts 9555.9600 to 9555.9730, shall
pay an annual nonrefundable license fee based on the following schedule:
License
Fee Fiscal
License
Fee Fiscal Year
2011 and
Licensed
Capacity Year
2010 thereafter
1 to
24 persons $930 $1,460
25
to 49 persons $1,130 $1,660
50
to 74 persons $1,330 $1,860
75
to 99 persons $1,530 $2,060
100
or more persons $1,730 $2,260
Sec. 5. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4b.
License fee for day training
and habilitation program. (a)
A day training and habilitation program licensed under chapter 245B to provide
services to persons with developmental disabilities shall pay an annual
nonrefundable license fee based on the following schedule:
License
Fee Fiscal
License
Fee Fiscal Year
2011 and
Licensed
Capacity Year
2010 thereafter
1 to
24 persons $925 $1,430
25
to 49 persons $1,125 $1,630
50
to 74 persons $1,325 $1,830
75
to 99 persons $1,525 $2,030
100
to 124 persons $1,725 $2,230
125
to 149 persons $1,925 $2,430
150
to 174 persons $2,125 $2,630
175
to 199 persons $2,325 $2,830
200
to 224 persons $2,525 $3,030
225
or more persons $3,025 $3,530
(b) A day training and habilitation
program licensed under chapter 245B must be assessed a license fee based on the
schedule in paragraph (a) unless the license holder serves more than 50 percent
of the same persons at two or more locations in the community. Except as provided in paragraph (c), when a
day training and habilitation program serves more than 50 percent of the same
persons in two or more locations in a community, the day training and
habilitation program shall pay a license fee based on the licensed capacity of
the largest facility and the other facility or facilities must be charged a
license fee based on a licensed capacity of a residential program serving one
to 24 persons.
(c) When a day training and
habilitation program serving persons with developmental disabilities seeks a
single license allowed under section 245B.07, subdivision 12, clause (2) or
(3), the licensing fee must be based on the combined licensed capacity for each
location.
Sec. 6. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4c.
License fee for residential
program serving persons with developmental disabilities. A residential program licensed under
chapter 245B whether certified as an intermediate care facility for persons
with developmental disabilities or not shall pay an annual nonrefundable
license fee based on the following schedule:
License
Fee Fiscal
License
Fee Fiscal Year
2011 and
Licensed
Capacity Year
2010 thereafter
1 to
24 persons $1,000 $1,600
25 to
49 persons $1,200 $1,800
50 to
74 persons $1,400 $2,000
75 or
more persons $1,600 $2,200
Sec. 7. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4d.
License fee for program
providing crisis respite. (a)
In fiscal year 2010, a program licensed to provide crisis respite services for
persons with developmental disabilities under chapter 245B shall pay an annual
nonrefundable license fee of $1,600.
(b) In fiscal year 2011 and
thereafter, a program licensed to provide crisis respite services for persons
with developmental disabilities under chapter 245B shall pay an annual
nonrefundable license fee of $2,000.
Sec. 8. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4e.
License fee for program
providing residential-based habilitation services. (a) In fiscal year 2010, a program
licensed to provide residential-based habilitation services for persons with
developmental disabilities under chapter 245B shall pay an annual nonrefundable
license fee that is based on a base rate of $715 plus $50 times the number of
clients served on the first day of August of the current license year. State-operated programs are exempt from the
license fee under this paragraph and paragraph (b).
(b) In fiscal year 2011 and
thereafter, a program licensed to provide residential-based habilitation
services for persons with developmental disabilities under chapter 245B shall
pay an annual nonrefundable license fee that is based on a base rate of $1,000
plus $70 times the number of clients served on the first day of August of the
current license year.
Sec. 9. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4f.
License fee for program
providing semi-independent living services or supported employment services. (a) In fiscal year 2010, a program
licensed to provide semi-independent living services for persons with
developmental disabilities under chapter 245B or supported employment services
for persons with developmental disabilities under chapter 245B shall pay an
annual nonrefundable license fee of $1,250.
(b) In fiscal year 2011 and
thereafter, a program licensed to provide semi-independent living services for
persons with developmental disabilities under chapter 245B or supported
employment services for persons with developmental disabilities under chapter
245B shall pay an annual nonrefundable license fee of $2,000.
Sec. 10. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4g.
License fee for residential
program serving persons with physical disabilities. A residential program licensed under
Minnesota Rules, parts 9570.2000 to 9570.3400, to serve persons with physical
disabilities shall pay an annual nonrefundable license fee based on the
following schedule:
License
Fee Fiscal
License
Fee Fiscal Year
2011 and
Licensed
Capacity Year
2010 thereafter
1 to
24 persons $713 $1,025
25
to 49 persons $913 $1,225
50
to 74 persons $1,113 $1,425
75
to 99 persons $1,313 $1,625
100
to 124 persons $1,513 $1,825
125
or more persons $1,713 $2,025
Sec. 11. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4h.
License fee for residential
programs serving adults with mental illness. (a) In fiscal year 2010, a residential
program licensed under Minnesota Rules, parts 9520.0500 to 9520.0670, to serve
adults with mental illness shall pay an annual nonrefundable license fee of
$2,450.
(b) In fiscal year 2011 and
thereafter, a residential program licensed under Minnesota Rules, parts
9520.0500 to 9520.0670, to serve adults with mental illness shall pay an annual
nonrefundable license fee of $4,400.
Sec. 12. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4i.
License fee for a children's
residential program. (a) In
fiscal year 2010, a children's residential program licensed under Minnesota
Rules, chapter 2960, shall pay an annual nonrefundable license fee of $2,450.
(b) In fiscal year 2011 and
thereafter, a children's residential program licensed under Minnesota Rules,
chapter 2960, shall pay an annual nonrefundable license fee of $4,400.
Sec. 13. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4j.
License fee for programs
licensed to provide drug or chemical dependency treatment. (a) A program licensed under Minnesota
Rules, parts 9530.6405 to 9530.6505 or 9530.6510 to 9530.6590, to provide drug
or chemical dependency treatment shall pay an annual nonrefundable license fee
based on the following schedule:
License
Fee Fiscal
License
Fee Fiscal Year
2011 and
Licensed
Capacity Year
2010 thereafter
1 to
24 persons $755 $1,035
25
to 49 persons $955 $1,235
50
to 74 persons $1,155 $1,435
75
to 99 persons $1,355 $1,635
100
to 124 persons $1,555 $1,835
125
or more persons $1,755 $2,035
(b) In fiscal year 2010, if a license
issued to a program under Minnesota Rules, parts 9530.6405 to 9530.6505, does
not have a stated licensed capacity, the drug or chemical dependency treatment
program shall pay an annual nonrefundable license fee based on a licensed
capacity of one to 24 persons for fiscal year 2010.
(c) In fiscal year 2011 and
thereafter, if a license issued to a program under Minnesota Rules, parts
9530.6405 to 9530.6505, does not have a stated licensed capacity, the drug or
chemical dependency treatment program shall pay an annual nonrefundable license
fee based on a licensed capacity of one to 24 persons for fiscal year 2011 and
thereafter.
Sec. 14. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4k.
License fee for independent
living assistance for youth. A
program licensed to provide independent living assistance for youth under
section 245A.22, shall pay an annual nonrefundable license fee of $2,000.
Sec. 15. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 4l.
License fee for private
agencies that provide child foster care or adoption services. A private agency licensed under Minnesota
Rules, parts 9545.0755 to 9545.0845, to provide child foster care or adoption
services shall pay an annual nonrefundable license fee of $400.
Sec. 16. Minnesota Statutes 2008, section 245A.10,
subdivision 5, is amended to read:
Subd. 5. License
or Mental health center or mental health clinic certification fee for
other programs. (a) Except as
provided in paragraphs (b) and (c), a program without a stated licensed
capacity shall pay a license or certification fee of $400.
(b) A mental health center or mental health clinic
requesting certification for purposes of insurance and subscriber contract
reimbursement under Minnesota Rules, parts 9520.0750 to 9520.0870, shall pay a
certification fee of $1,000 per year. If
the mental health center or mental health clinic provides services at a primary
location with satellite facilities, the satellite facilities shall be certified
with the primary location without an additional charge.
(c) A program licensed to provide
residential-based habilitation services under the home and community-based
waiver for persons with developmental disabilities shall pay an annual license
fee that includes a base rate of $250 plus $38 times the number of clients
served on the first day of August of the current license year. State-operated programs are exempt from the
license fee under this paragraph.
Sec. 17. Minnesota Statutes 2008, section 245A.10, is
amended by adding a subdivision to read:
Subd. 7.
Human services licensing
revenue and appropriations. Effective
July 1, 2011:
(1) departmental earnings collected
under subdivisions 3, 4 to 4l, and 5 shall be deposited in the state government
special revenue fund; and
(2) the direct appropriation to the
department for licensing activities in subdivisions 3, 4 to 4l, and 5 shall be
transferred from the general fund to the state government special revenue fund.
Sec. 18. Minnesota Statutes 2008, section 245A.11,
subdivision 2a, is amended to read:
Subd. 2a. Adult
foster care license capacity. The
commissioner shall issue adult foster care licenses with a maximum licensed
capacity of four beds, including nonstaff roomers and boarders, except that the
commissioner may issue a license with a capacity of five beds, including
roomers and boarders, according to paragraphs (a) to (e).
(a) An adult foster care license
holder may have a maximum license capacity of five if all persons in care are
age 55 or over and do not have a serious and persistent mental illness or a
developmental disability.
(b) The commissioner may grant
variances to paragraph (a) to allow a foster care provider with a licensed
capacity of five persons to admit an individual under the age of 55 if the
variance complies with section 245A.04, subdivision 9, and approval of the
variance is recommended by the county in which the licensed foster care
provider is located.
(c) The commissioner may grant
variances to paragraph (a) to allow the use of a fifth bed for emergency crisis
services for a person with serious and persistent mental illness or a
developmental disability, regardless of age, if the variance complies with
section 245A.04, subdivision 9, and approval of the variance is recommended by
the county in which the licensed foster care provider is located.
(d) Notwithstanding paragraph (a),
If the 2009 legislature adopts a rate reduction that impacts providers of
adult foster care services, the commissioner may issue an adult foster care
license with a capacity of five adults if the fifth bed does not increase
the overall statewide capacity of licensed adult foster care beds in homes that
are not the primary residence of the license holder, over the licensed capacity
in such homes on July 1, 2009, as identified in a plan submitted to the
commissioner by the county, when the capacity is recommended by the county
licensing agency of the county in which the facility is located and if the
recommendation verifies that:
(1) the facility meets the physical
environment requirements in the adult foster care licensing rule;
(2) the five-bed living arrangement
is specified for each resident in the resident's:
(i) individualized plan of care;
(ii) individual service plan under
section 256B.092, subdivision 1b, if required; or
(iii) individual resident placement
agreement under Minnesota Rules, part 9555.5105, subpart 19, if required;
(3) the license holder obtains
written and signed informed consent from each resident or resident's legal
representative documenting the resident's informed choice to living in the home
and that the resident's refusal to consent would not have resulted in service
termination; and
(4) the facility was licensed for
adult foster care before March 1, 2003 2009.
(e) The commissioner shall not issue
a new adult foster care license under paragraph (d) after June 30, 2005
2011. The commissioner shall allow a
facility with an adult foster care license issued under paragraph (d) before
June 30, 2005 2011, to continue with a capacity of five adults if
the license holder continues to comply with the requirements in paragraph (d).
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 19. Minnesota Statutes 2008, section 245A.11, is
amended by adding a subdivision to read:
Subd. 8.
Alternate overnight
supervision technology; adult foster care license. (a) The commissioner may grant an
applicant or license holder an adult foster care license for a residence that
does not have a caregiver in the residence during normal sleeping hours as
required under Minnesota Rules, part 9555.5105, subpart 37, item B, but uses
monitoring technology to alert the license holder when an incident occurs that
may jeopardize the health, safety, or rights of a foster care recipient. The applicant or license holder must comply
with all other requirements under Minnesota Rules, parts 9555.5105 to
9555.6265, and the requirements under this subdivision. The license printed by the commissioner must
state in bold and large font:
(1) that staff are not present
on-site overnight; and
(2) the telephone number of the
county's common entry point for making reports of suspected maltreatment of
vulnerable adults under section 626.557, subdivision 9.
(b) Applications for a license under
this section must be submitted directly to the Department of Human Services
licensing division. The licensing
division must immediately notify the host county and lead county contract
agency and the host county licensing agency.
The licensing division must collaborate with the county licensing agency
in the review of the application and the licensing of the program.
(c) Before a license is issued by the
commissioner, and for the duration of the license, the applicant or license
holder must establish, maintain, and document the implementation of written
policies and procedures addressing the requirements in paragraphs (d) to (f).
(d) The applicant or license holder
must have policies and procedures that:
(1) establish characteristics of
target populations that will be admitted into the home and characteristics of
populations that will not be accepted into the home;
(2) explain the discharge process
when a foster care recipient requires overnight supervision or other services
that cannot be provided by the license holder due to the limited hours that the
license holder is on-site;
(3) describe the types of events to
which the program will respond with a physical presence when those events occur
in the home during time when staff are not on-site, and how the license
holder's response plan meets the requirements in paragraph (e), clause (1) or
(2);
(4) establish a process for
documenting a review of the implementation and effectiveness of the response
protocol for the response required under paragraph (e), clause (1) or (2). The documentation must include:
(i) a description of the triggering
incident;
(ii) the date and time of the
triggering incident;
(iii) the time of the response or
responses under paragraph (e), clause (1) or (2);
(iv) whether the response met the
resident's needs;
(v) whether the existing policies and
response protocols were followed; and
(vi) whether the existing policies and
protocols are adequate or need modification.
When no physical presence response is
completed for a three-month period, the license holder's written policies and
procedures must require a physical presence response drill be to conducted for
which the effectiveness of the response protocol under paragraph (e), clause
(1) or (2), will be reviewed and documented as required under this clause; and
(5) establish that emergency and
nonemergency phone numbers are posted in a prominent location in a common area
of the home where they can be easily observed by a person responding to an
incident who is not otherwise affiliated with the home.
(e) The license holder must document
and include in the license application which response alternative under clause
(1) or (2) is in place for responding to situations that present a serious risk
to the health, safety, or rights of people receiving foster care services in
the home:
(1) response alternative (1) requires
only the technology to provide an electronic notification or alert to the
license holder that an event is underway that requires a response. Under this alternative, no more than ten
minutes will pass before the license holder will be physically present on-site
to respond to the situation; or
(2) response alternative (2) requires
the electronic notification and alert system under alternative (1), but more
than ten minutes may pass before the license holder is present on-site to
respond to the situation. Under
alternative (2), all of the following conditions are met:
(i) the license holder has a written
description of the interactive technological applications that will assist the
licenser holder in communicating with and assessing the needs related to care,
health, and safety of the foster care recipients. This interactive technology must permit the
license holder to remotely assess the well being of the foster care recipient
without requiring the initiation or participation by the foster care recipient. Requiring the foster care recipient to
initiate a telephone call or answer a telephone call does not meet this
requirement;
(ii) the license holder documents how
the remote license holder is qualified and capable of meeting the needs of the
foster care recipients and assessing foster care recipients' needs under item
(i), during the absence of the license holder on-site;
(iii) the license holder maintains
written procedures to dispatch emergency response personnel to the site in the
event of an identified emergency; and
(iv) each foster care recipient's
individualized plan of care, individual service plan under section 256B.092,
subdivision 1b, if required, or individual resident placement agreement under
Minnesota Rules, part 9555.5105, subpart 19, if required, identifies the maximum
response time, which may be greater than ten minutes, for the license holder to
be on-site for that foster care recipient.
(f) All placement agreements,
individual service agreements, and plans applicable to the foster care
recipient must clearly state that the adult foster care license category is a
program without the presence of a caregiver in the residence during normal
sleeping hours; the protocols in place for responding to situations that
present a serious risk to health, safety, or rights of foster care recipients
under paragraph (e), clause (1) or (2); and a signed informed consent from each
foster care recipient or the person's legal representative documenting the
person's or legal representative's agreement with placement in the program. If electronic monitoring technology is used
in the home, the informed consent form must also explain the following:
(1) how any electronic monitoring is
incorporated into the alternative supervision system;
(2) the backup system for any
electronic monitoring in times of electrical outages or other equipment
malfunctions;
(3) how the license holder is trained
on the use of the technology;
(4) the event types and license holder
response times established under paragraph (e);
(5) how the license holder protects the
foster care recipient's privacy related to electronic monitoring and related to
any electronically recorded data generated by the monitoring system. The consent form must explain where and how
the electronically recorded data is stored, with whom it will be shared, and
how long it is retained; and
(6) the risks and benefits of the
alternative overnight supervision system.
The written explanations under clauses
(1) to (6) may be accomplished through cross-references to other policies and
procedures as long as they are explained to the person giving consent, and the
person giving consent is offered a copy.
(g) Nothing in this section requires
the applicant or license holder to develop or maintain separate or duplicative
policies, procedures, documentation, consent forms, or individual plans that
may be required for other licensing standards, if the requirements of this
section are incorporated into those documents.
(h) The commissioner may grant
variances to the requirements of this section according to section 245A.04,
subdivision 9.
(i) For the purposes of paragraphs (c)
to (h), "license holder" has the meaning under section 245A.02,
subdivision 9, and additionally includes all staff, volunteers, and contractors
affiliated with the license holder.
Sec. 20. Minnesota Statutes 2008, section 245A.16,
subdivision 1, is amended to read:
Subdivision 1. Delegation
of authority to agencies. (a) County
agencies and private agencies that have been designated or licensed by the
commissioner to perform licensing functions and activities under section
245A.04 and background studies for adult foster care, family
adult day services, and family child care, under chapter 245C; to
recommend denial of applicants under section 245A.05; to issue correction orders,
to issue variances, and recommend a conditional license under section 245A.06,
or to recommend suspending or revoking a license or issuing a fine under
section 245A.07, shall comply with rules and directives of the commissioner
governing those functions and with this section. The following variances are excluded from the
delegation of variance authority and may be issued only by the commissioner:
(1) dual licensure of family child
care and child foster care, dual licensure of child and adult foster care, and
adult foster care and family child care;
(2) adult foster care maximum
capacity;
(3) adult foster care minimum age
requirement;
(4) child foster care maximum age
requirement;
(5) variances regarding disqualified
individuals except that county agencies may issue variances under section
245C.30 regarding disqualified individuals when the county is responsible for
conducting a consolidated reconsideration according to sections 245C.25 and
245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment
determination and a disqualification based on serious or recurring
maltreatment; and
(6) the required presence of a
caregiver in the adult foster care residence during normal sleeping hours.
(b) County agencies must report
information about disqualification reconsiderations under sections 245C.25 and
245C.27, subdivision 2, paragraphs (a) and (b), and variances granted under
paragraph (a), clause (5), to the commissioner at least monthly in a format
prescribed by the commissioner.
(c) For family day care programs, the
commissioner may authorize licensing reviews every two years after a licensee
has had at least one annual review.
(d) For family adult day services
programs, the commissioner may authorize licensing reviews every two years after
a licensee has had at least one annual review.
(e) A license issued under this
section may be issued for up to two years.
Sec. 21. Minnesota Statutes 2008, section 245A.16,
subdivision 3, is amended to read:
Subd. 3. Recommendations
to commissioner. The county or
private agency shall not make recommendations to the commissioner regarding
licensure without first conducting an inspection, and for adult foster care,
family adult day services, and family child care, a background study of
the applicant under chapter 245C. The
county or private agency must forward its recommendation to the commissioner
regarding the appropriate licensing action within 20 working days of receipt of
a completed application.
Sec. 22. Minnesota Statutes 2008, section 245C.04,
subdivision 1, is amended to read:
Subdivision 1. Licensed
programs. (a) The commissioner shall
conduct a background study of an individual required to be studied under
section 245C.03, subdivision 1, at least upon application for initial license
for all license types.
(b) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1, at reapplication for a license for adult foster care,
family adult day services, and family child care.
(c) The commissioner is not required
to conduct a study of an individual at the time of reapplication for a license
if the individual's background study was completed by the commissioner of human
services for an adult foster care license holder that is also:
(1) registered under chapter 144D; or
(2) licensed to provide home and
community-based services to people with disabilities at the foster care
location and the license holder does not reside in the foster care residence;
and
(3) the following conditions are met:
(i) a study of the individual was
conducted either at the time of initial licensure or when the individual became
affiliated with the license holder;
(ii) the individual has been
continuously affiliated with the license holder since the last study was
conducted; and
(iii) the last study of the
individual was conducted on or after October 1, 1995.
(d) From July 1, 2007, to June 30,
2009, the commissioner of human services shall conduct a study of an individual
required to be studied under section 245C.03, at the time of reapplication for
a child foster care license. The county
or private agency shall collect and forward to the commissioner the information
required under section 245C.05, subdivisions 1, paragraphs (a) and (b), and 5,
paragraphs (a) and (b). The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08,
subdivisions 1, paragraph (a), clauses (1) to (5), 3, and 4.
(e) The commissioner of human
services shall conduct a background study of an individual specified under
section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with a child foster care license holder. The county or private agency shall collect
and forward to the commissioner the information required under section 245C.05,
subdivisions 1 and 5. The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08,
subdivisions 1, 3, and 4.
(f) From January 1, 2010, to
December 31, 2012, unless otherwise specified in paragraph (c), the
commissioner shall conduct a study of an individual required to be studied
under section 245C.03 at the time of reapplication for an adult foster care
license. The county shall collect and
forward to the commissioner the information required under section 245C.05,
subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a) and
(b). The background study conducted by
the commissioner under this paragraph must include a review of the information
required under section 245C.08, subdivision 1, paragraph (a), clauses (1) to
(5), and subdivisions 3 and 4.
(g) The commissioner shall conduct a
background study of an individual specified under section 245C.03, subdivision
1, paragraph (a), clauses (2) to (6), who is newly affiliated with an adult
foster care license holder. The county
shall collect and forward to the commissioner the information required under
section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5,
paragraphs (a) and (b). The background
study conducted by the commissioner under this paragraph must include a review
of the information required under section 245C.08, subdivision 1, paragraph
(a), and subdivisions 3 and 4.
(h) Applicants for licensure, license
holders, and other entities as provided in this chapter must submit completed
background study forms to the commissioner before individuals specified in
section 245C.03, subdivision 1, begin positions allowing direct contact in any
licensed program.
(g) (i) For purposes of this section, a
physician licensed under chapter 147 is considered to be continuously
affiliated upon the license holder's receipt from the commissioner of health or
human services of the physician's background study results.
Sec. 23. Minnesota Statutes 2008, section 245C.05,
subdivision 4, is amended to read:
Subd. 4. Electronic
transmission. For background studies
conducted by the Department of Human Services, the commissioner shall implement
a system for the electronic transmission of:
(1) background study information to
the commissioner;
(2) background study results to the
license holder; and
(3) background study results to
county and private agencies for background studies conducted by the
commissioner for child foster care; and
(4) background study results to
county agencies for background studies conducted by the commissioner for adult
foster care.
Sec. 24. Minnesota Statutes 2008, section 245C.08,
subdivision 2, is amended to read:
Subd. 2. Background
studies conducted by a county agency.
(a) For a background study conducted by a county agency for adult
foster care, family adult day services, and family child care
services, the commissioner shall review:
(1) information from the county
agency's record of substantiated maltreatment of adults and the maltreatment of
minors;
(2) information from juvenile courts
as required in subdivision 4 for individuals listed in section 245C.03,
subdivision 1, clauses (2), (5), and (6); and
(3) information from the Bureau of
Criminal Apprehension.
(b) If the individual has resided in
the county for less than five years, the study shall include the records
specified under paragraph (a) for the previous county or counties of residence
for the past five years.
(c) Notwithstanding expungement by a
court, the county agency may consider information obtained under paragraph (a),
clause (3), unless the commissioner received notice of the petition for
expungement and the court order for expungement is directed specifically to the
commissioner.
Sec. 25. Minnesota Statutes 2008, section 245C.10, is
amended by adding a subdivision to read:
Subd. 5.
Adult foster care services. The commissioner shall recover the cost of
background studies required under section 245C.03, subdivision 1, for the
purposes of adult foster care licensing, through a fee of no more than $20 per
study charged to the license holder. The
fees collected under this subdivision are appropriated to the commissioner for
the purpose of conducting background studies.
Sec. 26. Minnesota Statutes 2008, section 245C.10, is
amended by adding a subdivision to read:
Subd. 8.
Private agencies. The commissioner shall recover the cost of
conducting background studies under section 245C.33 for studies initiated by
private agencies for the purpose of adoption through a fee of no more than $70
per study charged to the private agency.
The fees collected under this subdivision are appropriated to the
commissioner for the purpose of conducting background studies.
Sec. 27. Minnesota Statutes 2008, section 245C.17, is
amended by adding a subdivision to read:
Subd. 6.
Notice to county agency. For studies on individuals related to a
license to provide adult foster care, the commissioner shall also provide a
notice of the background study results to the county agency that initiated the
background study.
Sec. 28. Minnesota Statutes 2008, section 245C.20, is
amended to read:
245C.20 LICENSE HOLDER RECORD KEEPING.
A licensed program shall document the
date the program initiates a background study under this chapter in the
program's personnel files. When a
background study is completed under this chapter, a licensed program shall
maintain a notice that the study was undertaken and completed in the program's
personnel files. Except when
background studies are initiated through the commissioner's online system, if
a licensed program has not received a response from the commissioner under
section 245C.17 within 45 days of initiation of the background study request,
the licensed program must contact the commissioner human services
licensing division to inquire about the status of
the study. If a license holder initiates a background
study under the commissioner's online system, but the background study
subject's name does not appear in the list of active or recent studies
initiated by that license holder, the license holder must either contact the
human services licensing division or resubmit the background study information
online for that individual.
Sec. 29. Minnesota Statutes 2008, section 245C.21,
subdivision 1a, is amended to read:
Subd. 1a. Submission
of reconsideration request to county or private agency. (a) For disqualifications related to studies
conducted by county agencies for family child care and family adult day
services, and for disqualifications related to studies conducted by the
commissioner for child foster care and adult foster care, the individual
shall submit the request for reconsideration to the county or private
agency that initiated the background study.
(b) For disqualifications related
to studies conducted by the commissioner for child foster care, the individual
shall submit the request for reconsideration to the private agency that
initiated the background study.
(c) A reconsideration request shall be
submitted within 30 days of the individual's receipt of the disqualification notice
or the time frames specified in subdivision 2, whichever time frame is shorter.
(c) (d) The county or private agency shall
forward the individual's request for reconsideration and provide the
commissioner with a recommendation whether to set aside the individual's
disqualification.
Sec. 30. Minnesota Statutes 2008, section 245C.23,
subdivision 2, is amended to read:
Subd. 2. Commissioner's
notice of disqualification that is not set aside. (a) The commissioner shall notify the license
holder of the disqualification and order the license holder to immediately
remove the individual from any position allowing direct contact with persons
receiving services from the license holder if:
(1) the individual studied does not
submit a timely request for reconsideration under section 245C.21;
(2) the individual submits a timely
request for reconsideration, but the commissioner does not set aside the
disqualification for that license holder under section 245C.22;
(3) an individual who has a right to
request a hearing under sections 245C.27 and 256.045, or 245C.28 and chapter 14
for a disqualification that has not been set aside, does not request a hearing
within the specified time; or
(4) an individual submitted a timely
request for a hearing under sections 245C.27 and 256.045, or 245C.28 and
chapter 14, but the commissioner does not set aside the disqualification under
section 245A.08, subdivision 5, or 256.045.
(b) If the commissioner does not set
aside the disqualification under section 245C.22, and the license holder was
previously ordered under section 245C.17 to immediately remove the disqualified
individual from direct contact with persons receiving services or to ensure
that the individual is under continuous, direct supervision when providing
direct contact services, the order remains in effect pending the outcome of a
hearing under sections 245C.27 and 256.045, or 245C.28 and chapter 14.
(c) For background studies related to
child foster care, the commissioner shall also notify the county or private
agency that initiated the study of the results of the reconsideration.
(d) For background studies related to
adult foster care, the commissioner shall also notify the county that initiated
the study of the results of the reconsideration.
Sec. 31. Minnesota Statutes 2008, section 256B.092, is
amended by adding a subdivision to read:
Subd. 5b.
Revised per diem based on
legislated rate reduction. Notwithstanding
section 252.28, subdivision 3, paragraph (d), if the 2009 legislature adopts a
rate reduction that impacts payment to providers of adult foster care services,
the commissioner may issue adult foster care licenses that permit a capacity of
five adults. The application for a
five-bed license must meet the requirements of section 245A.11, subdivision
2a. Prior to admission of the fifth
recipient of adult foster care services, the county must negotiate a revised
per diem rate for room and board and waiver services that reflects the
legislated rate reduction and results in an overall average per diem reduction
for all foster care recipients in that home.
The revised per diem must allow the provider to maintain, as much as
possible, the level of services or enhanced services provided in the residence,
while mitigating the losses of the legislated rate reduction.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 32. Minnesota Statutes 2008, section 256B.49,
subdivision 17, is amended to read:
Subd. 17. Cost
of services and supports. (a) The
commissioner shall ensure that the average per capita expenditures estimated in
any fiscal year for home and community-based waiver recipients does not exceed
the average per capita expenditures that would have been made to provide
institutional services for recipients in the absence of the waiver.
(b) The commissioner shall implement
on January 1, 2002, one or more aggregate, need-based methods for allocating to
local agencies the home and community-based waivered service resources
available to support recipients with disabilities in need of the level of care
provided in a nursing facility or a hospital.
The commissioner shall allocate resources to single counties and county
partnerships in a manner that reflects consideration of:
(1) an incentive-based payment process
for achieving outcomes;
(2) the need for a state-level risk
pool;
(3) the need for retention of
management responsibility at the state agency level; and
(4) a phase-in strategy as
appropriate.
(c) Until the allocation methods
described in paragraph (b) are implemented, the annual allowable reimbursement
level of home and community-based waiver services shall be the greater of:
(1) the statewide average payment
amount which the recipient is assigned under the waiver reimbursement system in
place on June 30, 2001, modified by the percentage of any provider rate
increase appropriated for home and community-based services; or
(2) an amount approved by the
commissioner based on the recipient's extraordinary needs that cannot be met
within the current allowable reimbursement level. The increased reimbursement level must be
necessary to allow the recipient to be discharged from an institution or to
prevent imminent placement in an institution.
The additional reimbursement may be used to secure environmental
modifications; assistive technology and equipment; and increased costs for
supervision, training, and support services necessary to address the
recipient's extraordinary needs. The
commissioner may approve an increased reimbursement level for up to one year of
the recipient's relocation from an institution or up to six months of a
determination that a current waiver recipient is at imminent risk of being
placed in an institution.
(d) Beginning July 1, 2001, medically
necessary private duty nursing services will be authorized under this section
as complex and regular care according to sections 256B.0651 and 256B.0653 to
256B.0656. The rate established by the
commissioner for registered nurse or licensed practical nurse services under
any home and community-based waiver as of January 1, 2001, shall not be
reduced.
(e) Notwithstanding section 252.28,
subdivision 3, paragraph (d), if the 2009 legislature adopts a rate reduction
that impacts payment to providers of adult foster care services, the
commissioner may issue adult foster care licenses that permit a capacity of
five adults. The application for a
five-bed license must meet the requirements of section 245A.11, subdivision
2a. Prior to admission of the fifth
recipient of adult foster care services, the county must negotiate a revised
per diem rate for room and board and waiver services that reflects the
legislated rate reduction and results in an overall average per diem reduction
for all foster care recipients in that home.
The revised per diem must allow the provider to maintain, as much as
possible, the level of services or enhanced services provided in the residence,
while mitigating the losses of the legislated rate reduction.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 33. WAIVER.
By December 1, 2009, the commissioner
shall request all federal approvals and waiver amendments to the disability
home and community-based waivers to allow properly licensed adult foster care
homes to provide residential services for up to five individuals.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 34. REPEALER.
(a) Minnesota Statutes 2008, section
256B.092, subdivision 5a, is repealed effective July 1, 2009.
(b) Minnesota Rules, part 9555.6125,
subpart 4, item B, is repealed.
ARTICLE 2
MFIP, CHILDREN, AND ADULT SUPPORTS
Section 1. Minnesota Statutes 2008, section 256D.051,
subdivision 2a, is amended to read:
Subd. 2a. Duties
of commissioner. In addition to any
other duties imposed by law, the commissioner shall:
(1) based on this section and section
256D.052 and Code of Federal Regulations, title 7, section 273.7, supervise the
administration of food stamp employment and training services to county
agencies;
(2) disburse money appropriated for
food stamp employment and training services to county agencies based upon the
county's costs as specified in section 256D.051, subdivision 6c;
(3) accept and supervise the
disbursement of any funds that may be provided by the federal government or
from other sources for use in this state for food stamp employment and training
services;
(4) apply for the maximum allowable
federal matching funds under United States Code, title 7, section 2025,
paragraph (h), for state expenditures made on behalf of family stabilization
services participants voluntarily engaged in food stamp employment and training
activities, where appropriate;
(5) cooperate with other agencies including any agency of
the United States or of another state in all matters concerning the powers and
duties of the commissioner under this section and section 256D.052; and
(5) (6) in cooperation with the commissioner of employment and
economic development, ensure that each component of an employment and training
program carried out under this section is delivered through a statewide
workforce development system, unless the component is not available locally
through such a system.
Sec. 2. Minnesota Statutes 2008, section 256D.0515,
is amended to read:
256D.0515 ASSET LIMITATIONS FOR FOOD STAMP HOUSEHOLDS.
All food stamp households must be
determined eligible for the benefit discussed under section 256.029. Food stamp households must demonstrate that:
(1) their gross income meets the federal Food Stamp
requirements under United States Code, title 7, section 2014(c); and
(2) they have financial resources,
excluding vehicles, of less than $7,000.
Sec. 3. Minnesota Statutes 2008, section 256D.06,
subdivision 2, is amended to read:
Subd. 2. Emergency
need. (a) Notwithstanding the
provisions of subdivision 1, a grant of emergency general assistance shall, to
the extent funds are available, be made to an eligible single adult, married
couple, or family for an emergency need, as defined in rules promulgated by
the commissioner, where the recipient requests temporary assistance not
exceeding 30 days if an emergency situation appears to exist under criteria
adopted by the county agency and the individual or family is ineligible for
MFIP or DWP or is not a participant of MFIP or DWP and whose annual net
income is no greater than 200 percent of the federal poverty level for the
previous calendar year. If an
applicant or recipient relates facts to the county agency which may be
sufficient to constitute an emergency situation, the county agency shall, to
the extent funds are available, advise the person of the procedure for applying
for assistance according to this subdivision.
An emergency general assistance grant is available to a recipient not
more than once in any 12-month period.
(b) Funding for an emergency general
assistance program is limited to the appropriation. Each fiscal year, the commissioner shall
allocate to counties the money appropriated for emergency general assistance
grants based on each county agency's average share of state's emergency general
expenditures for the immediate past three fiscal years as determined by the
commissioner, and may reallocate any unspent amounts to other counties.
(c) No county shall be allocated less
than $1,000 for the fiscal year.
(d) Should an emergency be declared
as provided in section 12.31, the commissioner may immediately reallocate
unspent funds without regard to the other provisions of this section to meet
the emergency needs. The emergency
reallocation must be excluded from calculations for subsequent allocations as
provided in paragraphs (b) and (c).
(e) Any emergency general assistance expenditures by a
county above the amount of the commissioner's allocation to the county must be
made from county funds.
Sec. 4. Minnesota Statutes 2008, section 256D.09,
subdivision 6, is amended to read:
Subd. 6. Recovery
of overpayments. (a) If an amount of
general assistance or family general assistance is paid to a recipient in
excess of the payment due, it shall be recoverable by the county agency. The agency shall give written notice to the
recipient of its intention to recover the overpayment.
(b) Except as provided for interim
assistance in section 256D.06, subdivision 5, when an overpayment occurs,
the county agency shall recover the overpayment from a current recipient by
reducing the amount of aid payable to the assistance unit of which the
recipient is a member, for one or more monthly assistance payments, until the
overpayment is repaid. All county
agencies in the state shall reduce the assistance payment by three percent of
the assistance unit's standard of need in nonfraud cases and ten percent where
fraud has occurred, or the amount of the monthly payment, whichever is less,
for all overpayments.
(c) In cases when there is both an
overpayment and underpayment, the county agency shall offset one against the
other in correcting the payment.
(d) Overpayments may also be
voluntarily repaid, in part or in full, by the individual, in addition to the
aid reductions provided in this subdivision, to include further voluntary
reductions in the grant level agreed to in writing by the individual, until the
total amount of the overpayment is repaid.
(e) The county agency shall make
reasonable efforts to recover overpayments to persons no longer on assistance
under standards adopted in rule by the commissioner of human services. The county agency need not attempt to recover
overpayments of less than $35 paid to an individual no longer on assistance if
the individual does not receive assistance again within three years, unless the
individual has been convicted of violating section 256.98.
(f) Establishment of an overpayment is
limited to 12 months prior to the month of discovery due to an agency error and
six years prior to the month of discovery due to a client error or an
intentional program violation determined under section 256.046.
Sec. 5. Minnesota Statutes 2008, section 256D.49,
subdivision 3, is amended to read:
Subd. 3. Overpayment
of monthly grants and recovery of ATM errors. (a) When the county agency determines
that an overpayment of the recipient's monthly payment of Minnesota
supplemental aid has occurred, it shall issue a notice of overpayment to the
recipient. If the person is no longer
receiving Minnesota supplemental aid, the county agency may request voluntary
repayment or pursue civil recovery. If
the person is receiving Minnesota supplemental aid, the county agency shall
recover the overpayment by withholding an amount equal to three percent of the
standard of assistance for the recipient or the total amount of the monthly
grant, whichever is less.
(b) Establishment of an overpayment is
limited to 12 months prior to the month of discovery due to an agency error and
six years prior to the month of discovery due to a client error or an
intentional program violation determined under section 256.046.
(c) For recipients receiving benefits via electronic
benefit transfer, if the overpayment is a result of an automated teller machine
(ATM) dispensing funds in error to the recipient, the agency may recover the
ATM error by immediately withdrawing funds from the recipient's electronic
benefit transfer account, up to the amount of the error.
(d) Residents of nursing homes, regional treatment
centers, and licensed residential facilities with negotiated
rates shall not have overpayments recovered from their personal needs
allowance.
Sec. 6. Minnesota Statutes 2008, section 256I.03, subdivision
7, is amended 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.
EFFECTIVE DATE. This section is
effective April 1, 2010.
Sec. 7. Minnesota Statutes 2008, section 256I.05,
subdivision 7c, is amended to read:
Subd. 7c. Demonstration
project. The commissioner is
authorized to pursue the expansion of a demonstration project under
federal food stamp regulation for the purpose of gaining additional
federal reimbursement of food and nutritional costs currently paid by the state
group residential housing program. The
commissioner shall seek approval no later than January 1, 2004
October 1, 2009. Any reimbursement
received is nondedicated revenue to the general fund.
Sec. 8. Minnesota Statutes 2008, section 256J.20,
subdivision 3, is amended to read:
Subd. 3. Other
property limitations. To be eligible
for MFIP, the equity value of all nonexcluded real and personal property of the
assistance unit must not exceed $2,000 for applicants and $5,000 for ongoing
participants. The value of assets in
clauses (1) to (19) must be excluded when determining the equity value of real
and personal property:
(1) a licensed vehicle up to a loan
value of less than or equal to $15,000 $7,500. If the assistance unit owns more than one
licensed vehicle, the county agency shall determine the loan value of all
additional vehicles and exclude the combined loan value of less than or equal
to $7,500. The county agency shall
apply any excess loan value as if it were equity value to the asset limit described
in this section,. If the
assistance unit owns more than one licensed vehicle, the county agency shall
determine the vehicle with the highest loan value and count only the loan value
over $7,500, excluding: (i) the value of one vehicle per physically
disabled person when the vehicle is needed to transport the disabled
unit member; this exclusion does not apply to mentally disabled people; (ii)
the value of special equipment for a disabled member of the assistance unit;
and (iii) any vehicle used for long-distance travel, other than daily
commuting, for the employment of a unit member.
The county agency shall count the loan
value of all other vehicles and apply this amount as if it were equity value to
the asset limit described in this section.
To establish
the loan value of vehicles, a county agency must use the N.A.D.A. Official Used
Car Guide, Midwest Edition, for newer model cars. When a vehicle is not listed in the
guidebook, or when the applicant or participant disputes the loan value listed
in the guidebook as unreasonable given the condition of the particular vehicle,
the county agency may require the applicant or participant document the loan
value by securing a written statement from a motor vehicle dealer licensed
under section 168.27, stating the amount that the dealer would pay to purchase
the vehicle. The county agency shall
reimburse the applicant or participant for the cost of a written statement that
documents a lower loan value;
(2) the value of life insurance
policies for members of the assistance unit;
(3) one burial plot per member of an
assistance unit;
(4) the value of personal property
needed to produce earned income, including tools, implements, farm animals,
inventory, business loans, business checking and savings accounts used at least
annually and used exclusively for the operation of a self-employment business,
and any motor vehicles if at least 50 percent of the vehicle's use is to
produce income and if the vehicles are essential for the self-employment business;
(5) the value of personal property not
otherwise specified which is commonly used by household members in day-to-day
living such as clothing, necessary household furniture, equipment, and other
basic maintenance items essential for daily living;
(6) the value of real and personal
property owned by a recipient of Supplemental Security Income or Minnesota
supplemental aid;
(7) the value of corrective payments,
but only for the month in which the payment is received and for the following
month;
(8) a mobile home or other vehicle
used by an applicant or participant as the applicant's or participant's home;
(9) money in a separate escrow account
that is needed to pay real estate taxes or insurance and that is used for this
purpose;
(10) money held in escrow to cover
employee FICA, employee tax withholding, sales tax withholding, employee worker
compensation, business insurance, property rental, property taxes, and other
costs that are paid at least annually, but less often than monthly;
(11) monthly assistance payments for
the current month's or short-term emergency needs under section 256J.626,
subdivision 2;
(12) the value of school loans,
grants, or scholarships for the period they are intended to cover;
(13) payments listed in section
256J.21, subdivision 2, clause (9), which are held in escrow for a period not
to exceed three months to replace or repair personal or real property;
(14) income received in a budget month
through the end of the payment month;
(15) savings from earned income of a
minor child or a minor parent that are set aside in a separate account
designated specifically for future education or employment costs;
(16) the federal earned income credit,
Minnesota working family credit, state and federal income tax refunds, state
homeowners and renters credits under chapter 290A, property tax rebates and
other federal or state tax rebates in the month received and the following
month;
(17) payments excluded under federal
law as long as those payments are held in a separate account from any
nonexcluded funds;
(18) the assets of children ineligible
to receive MFIP benefits because foster care or adoption assistance payments
are made on their behalf; and
(19) the assets of persons whose
income is excluded under section 256J.21, subdivision 2, clause (43).
EFFECTIVE DATE. This section is
effective March 1, 2010.
Sec. 9. Minnesota Statutes 2008, section 256J.24,
subdivision 5a, is amended to read:
Subd. 5a. Food
portion of MFIP transitional standard.
The commissioner shall adjust the food portion of the MFIP transitional
standard by October 1 each year beginning October 1998 as needed
to reflect the cost-of-living adjustments to the food Stamp
support program. The commissioner
shall annually publish in the State Register the transitional
standard for an assistance unit of sizes one to ten in the State Register
whenever an adjustment is made.
EFFECTIVE DATE. This section is
effective October 1, 2009.
Sec. 10. Minnesota Statutes 2008, section 256J.24,
subdivision 10, is amended to read:
Subd. 10. MFIP
exit level. The commissioner shall
adjust the MFIP earned income disregard to ensure that most participants do not
lose eligibility for MFIP until their income reaches at least 115 110
percent of the federal poverty guidelines in effect in October of each
fiscal year at the time of the adjustment. The adjustment to the disregard shall be
based on a household size of three, and the resulting earned income disregard
percentage must be applied to all household sizes. The adjustment under this subdivision must be
implemented at the same time as the October food stamp or whenever
there is a food support cost-of-living adjustment is
reflected in the food portion of MFIP transitional standard as required under
subdivision 5a.
EFFECTIVE DATE. This section is
effective October 1, 2010.
Sec. 11. Minnesota Statutes 2008, section 256J.37,
subdivision 3a, is amended to read:
Subd. 3a. Rental
subsidies; unearned income. (a) Effective
July 1, 2003, The county agency shall count $50 $100 of the
value of public and assisted rental subsidies provided through the Department
of Housing and Urban Development (HUD) as unearned income to the cash portion
of the MFIP grant. The full amount of
the subsidy must be counted as unearned income when the subsidy is less than $50
$100. The income from this subsidy
shall be budgeted according to section 256J.34.
(b) The provisions of this
subdivision shall not apply to an MFIP assistance unit which includes a
participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from
an illness, injury, or incapacity that has been certified by a qualified
professional when the illness, injury, or incapacity is expected to continue
for more than 30 days and prevents the person from obtaining or retaining
employment; or
(3) a caregiver whose presence in the
home is required due to the illness or incapacity of another member in the
assistance unit, a relative in the household, or a foster child in the
household when the illness or incapacity and the need for the participant's
presence in the home has been certified by a qualified professional and is
expected to continue for more than 30 days.
(c) The provisions of this
subdivision shall not apply to an MFIP assistance unit where the parental
caregiver is an SSI recipient.
(d) Prior to implementing this
provision, the commissioner must identify the MFIP participants subject to this
provision and provide written notice to these participants at least 30 days
before the first grant reduction. The
notice must inform the participant of the basis for the potential grant
reduction, the exceptions to the provision, if any, and inform the participant
of the steps necessary to claim an exception.
A person who is found not to meet one of the exceptions to the provision
must be notified and informed of the right to a fair hearing under section
256J.40. The notice must also inform the
participant that the participant may be eligible for a rent reduction resulting
from a reduction in the MFIP grant and encourage the participant to contact the
local housing authority.
EFFECTIVE DATE. This section is
effective October 1, 2010.
Sec. 12. Minnesota Statutes 2008, section 256J.37, is
amended by adding a subdivision to read:
Subd. 11.
Treatment of Supplemental Security
Income. Effective March 1,
2010, the county shall reduce the cash portion of the MFIP grant by up to $125
for an MFIP assistance unit that includes one or more Supplemental Security
Income (SSI) recipients who reside in the household, and who would otherwise be
included in the MFIP assistance unit under section 256J.24, subdivision 2, but
are excluded solely due to the SSI recipient status under section 256J.24,
subdivision 3, paragraph (a), clause (1).
If the SSI recipient or recipients receive less than $125 of SSI, only
the amount received must be used in calculating the MFIP cash assistance
payment. This provision does not apply
to relative caregivers who could elect to be included in the MFIP assistance
unit under section 256J.24, subdivision 4, unless the caregiver's children or
stepchildren are included in the MFIP assistance unit.
EFFECTIVE DATE. This section is
effective October 1, 2010.
Sec. 13. Minnesota Statutes 2008, section 256J.38,
subdivision 1, is amended to read:
Subdivision 1. Scope
of overpayment. (a) When a
participant or former participant receives an overpayment due to agency,
client, or ATM error, or due to assistance received while an appeal is pending
and the participant or former participant is determined ineligible for
assistance or for less assistance than was received, the county agency must
recoup or recover the overpayment using the following methods:
(1) reconstruct each affected budget
month and corresponding payment month;
(2) use the policies and procedures
that were in effect for the payment month; and
(3) do not allow employment disregards
in section 256J.21, subdivision 3 or 4, in the calculation of the overpayment
when the unit has not reported within two calendar months following the end of
the month in which the income was received.
(b) Establishment of an overpayment is
limited to 12 months prior to the month of discovery due to agency error and
six years prior to the month of discovery due to client error or an intentional
program violation determined under section 256.046.
Sec. 14. Minnesota Statutes 2008, section 256J.575,
subdivision 3, is amended to read:
Subd. 3. Eligibility. (a) The following MFIP or diversionary
work program (DWP) participants are eligible for the services under this section:
(1) a participant who meets the
requirements for or has been granted a hardship extension under section
256J.425, subdivision 2 or 3, except that it is not necessary for the
participant to have reached or be approaching 60 months of eligibility for this
section to apply;
(2) a participant who is applying for
Supplemental Security Income or Social Security disability insurance; and
(3) a participant who is a noncitizen
who has been in the United States for 12 or fewer months.
(b) Families must meet all other
eligibility requirements for MFIP established in this chapter. Families are eligible for financial
assistance to the same extent as if they were participating in MFIP.
(c) A participant under paragraph (a),
clause (3), must be provided with English as a second language opportunities
and skills training for up to 12 months.
After 12 months, the case manager and participant must determine whether
the participant should continue with English as a second language classes or
skills training, or both, and continue to receive family stabilization
services.
EFFECTIVE DATE. This section is
effective March 1, 2010.
Sec. 15. Minnesota Statutes 2008, section 256J.575,
subdivision 6, is amended to read:
Subd. 6. Cooperation
with services requirements. (a) To
be eligible, A participant who is eligible for family stabilization
services under this section shall comply with paragraphs (b) to (d).
(b) Participants shall engage in
family stabilization plan services for the appropriate number of hours per week
that the activities are scheduled and available, unless good cause exists for
not doing so, as defined in section 256J.57, subdivision 1. The appropriate number of hours must be based
on the participant's plan.
(c) The case manager shall review the
participant's progress toward the goals in the family stabilization plan every
six months to determine whether conditions have changed, including whether
revisions to the plan are needed.
(d) A participant's requirement to
comply with any or all family stabilization plan requirements under this
subdivision is excused when the case management services, training and
educational services, or family support services identified in the
participant's family stabilization plan are unavailable for reasons beyond the
control of the participant, including when money appropriated is not sufficient
to provide the services.
Sec. 16. Minnesota Statutes 2008, section 256J.575,
subdivision 7, is amended to read:
Subd. 7. Sanctions. (a) The county agency or employment
services provider must follow the requirements of this subdivision at the time
the county agency or employment services provider has information that an MFIP
recipient may meet the eligibility criteria in subdivision 3.
(b) The financial assistance grant of a participating
family is reduced according to section 256J.46, if a participating adult fails
without good cause to comply or continue to comply with the family
stabilization plan requirements in this subdivision, unless compliance has been
excused under subdivision 6, paragraph (d).
(b) (c) Given the purpose of the family stabilization services
in this section and the nature of the underlying family circumstances that act
as barriers to both employment and full compliance with program requirements,
there must be a review by the county agency prior to imposing a sanction to
determine whether the plan was appropriated to the needs of the participant and
family, and. There must be a
current assessment by a behavioral health or medical professional confirming
that the participant in all ways had the ability to comply with the plan, as
confirmed by a behavioral health or medical professional.
(c) (d) Prior to the imposition of a sanction, the county
agency or employment services provider shall review the participant's case to
determine if the family stabilization plan is still appropriate and meet with
the participant face-to-face. The
participant may bring an advocate The county agency or employment
services provider must inform the participant of the right to bring an advocate
to the face-to-face meeting.
During the face-to-face meeting, the
county agency shall:
(1) determine whether the continued
noncompliance can be explained and mitigated by providing a needed family
stabilization service, as defined in subdivision 2, paragraph (d);
(2) determine whether the participant
qualifies for a good cause exception under section 256J.57, or if the sanction
is for noncooperation with child support requirements, determine if the
participant qualifies for a good cause exemption under section 256.741,
subdivision 10;
(3) determine whether activities in
the family stabilization plan are appropriate based on the family's
circumstances;
(4) explain the consequences of
continuing noncompliance;
(5) identify other resources that may
be available to the participant to meet the needs of the family; and
(6) inform the participant of the
right to appeal under section 256J.40.
If the lack of an identified activity
or service can explain the noncompliance, the county shall work with the
participant to provide the identified activity.
(d) If the participant fails to come
to the face-to-face meeting, the case manager or a designee shall attempt at
least one home visit. If a face-to-face
meeting is not conducted, the county agency shall send the participant a
written notice that includes the information under paragraph (c).
(e) After the requirements of
paragraphs (c) and (d) are met and prior to imposition of a sanction, the
county agency shall provide a notice of intent to sanction under section
256J.57, subdivision 2, and, when applicable, a notice of adverse action under
section 256J.31.
(f) Section 256J.57 applies to this
section except to the extent that it is modified by this subdivision.
Sec. 17. Minnesota Statutes 2008, section 256J.621, is
amended to read:
256J.621 WORK PARTICIPATION CASH BENEFITS.
(a) Effective October 1, 2009, upon
exiting the diversionary work program (DWP) or upon terminating the Minnesota
family investment program with earnings, a participant who is employed may be
eligible for work participation cash benefits of $75 $50 per
month to assist in meeting the family's basic needs as the participant
continues to move toward self-sufficiency.
(b) To be eligible for work
participation cash benefits, the participant shall not receive MFIP or
diversionary work program assistance during the month and the participant or
participants must meet the following work requirements:
(1) if the participant is a single
caregiver and has a child under six years of age, the participant must be
employed at least 87 hours per month;
(2) if the participant is a single
caregiver and does not have a child under six years of age, the participant
must be employed at least 130 hours per month; or
(3) if the household is a two-parent
family, at least one of the parents must be employed an average of at least 130
hours per month.
Whenever a participant exits the
diversionary work program or is terminated from MFIP and meets the other
criteria in this section, work participation cash benefits are available for up
to 24 consecutive months.
(c) Expenditures on the program are
maintenance of effort state funds under a separate state program for
participants under paragraph (b), clauses (1) and (2). Expenditures for participants under paragraph
(b), clause (3), are nonmaintenance of effort funds. Months in which a participant receives work
participation cash benefits under this section do not count toward the
participant's MFIP 60-month time limit.
Sec. 18. Minnesota Statutes 2008, section 256J.626,
subdivision 6, is amended to read:
Subd. 6. Base
allocation to counties and tribes; definitions. (a) For purposes of this section, the
following terms have the meanings given.
(1) "2002 historic spending
base" means the commissioner's determination of the sum of the
reimbursement related to fiscal year 2002 of county or tribal agency
expenditures for the base programs listed in clause (6) (5),
items (i) through (iv), and earnings related to calendar year 2002 in the base
program listed in clause (6) (5), item (v), and the amount of
spending in fiscal year 2002 in the base program listed in clause (6)
(5), item (vi), issued to or on behalf of persons residing in the county or
tribal service delivery area.
(2) "Adjusted caseload
factor" means a factor weighted:
(i) 47 percent on the MFIP cases in
each county at four points in time in the most recent 12-month period for which
data is available multiplied by the county's caseload difficulty factor; and
(ii) 53 percent on the count of adults
on MFIP in each county and tribe at four points in time in the most recent
12-month period for which data is available multiplied by the county or tribe's
caseload difficulty factor.
(3) "Caseload difficulty
factor" means a factor determined by the commissioner for each county and
tribe based upon the self-support index described in section 256J.751,
subdivision 2, clause (6).
(4) "Initial allocation"
means the amount potentially available to each county or tribe based on the
formula in paragraphs (b) through (d).
(5) (4) "Final allocation" means the
amount available to each county or tribe based on the formula in paragraphs (b)
through (d), after adjustment by subdivision 7 and (c).
(6) (5) "Base programs" means the:
(i) MFIP employment and training
services under Minnesota Statutes 2002, section 256J.62, subdivision 1, in
effect June 30, 2002;
(ii) bilingual employment and training
services to refugees under Minnesota Statutes 2002, section 256J.62,
subdivision 6, in effect June 30, 2002;
(iii) work literacy language programs
under Minnesota Statutes 2002, section 256J.62, subdivision 7, in effect June
30, 2002;
(iv) supported work program authorized
in Laws 2001, First Special Session chapter 9, article 17, section 2, in effect
June 30, 2002;
(v) administrative aid program under
section 256J.76 in effect December 31, 2002; and
(vi) emergency assistance program
under Minnesota Statutes 2002, section 256J.48, in effect June 30, 2002.
(b) The commissioner shall:
(1) beginning July 1, 2003, determine
the initial allocation of funds available under this section according to
clause (2);
(2) allocate all of the funds
available for the period beginning July 1, 2003, and ending December 31, 2004,
to each county or tribe in proportion to the county's or tribe's share of the
statewide 2002 historic spending base;
(3) determine for calendar year 2005
the initial allocation of funds to be made available under this section in
proportion to the county or tribe's initial allocation for the period of July
1, 2003, to December 31, 2004;
(4) determine for calendar year 2006
the initial allocation of funds to be made available under this section based
90 percent on the proportion of the county or tribe's share of the statewide
2002 historic spending base and ten percent on the proportion of the county or
tribe's share of the adjusted caseload factor;
(5) determine for calendar year 2007
the initial allocation of funds to be made available under this section based
70 percent on the proportion of the county or tribe's share of the statewide
2002 historic spending base and 30 percent on the proportion of the county or
tribe's share of the adjusted caseload factor; and
(6) determine for calendar year 2008
and subsequent years the initial allocation of allocate funds to be made available under this
section based 50 percent on the proportion of the county or tribe's share of
the statewide 2002 historic spending base and 50 percent on the proportion of
the county or tribe's share of the adjusted caseload factor.
(c) With the commencement of a new or
expanded tribal TANF program or an agreement under section 256.01, subdivision
2, paragraph (g), in which some or all of the responsibilities of particular
counties under this section are transferred to a tribe, the commissioner shall:
(1) in the case where all
responsibilities under this section are transferred to a tribal program,
determine the percentage of the county's current caseload that is transferring
to a tribal program and adjust the affected county's allocation accordingly;
and
(2) in the case where a portion of the
responsibilities under this section are transferred to a tribal program, the
commissioner shall consult with the affected county or counties to determine an
appropriate adjustment to the allocation.
(d) Effective January 1, 2005,
counties and tribes will have their final allocations adjusted based on the
performance provisions of subdivision 7.
EFFECTIVE DATE. This section is
effective July 1, 2010.
Sec. 19. Minnesota Statutes 2008, section 256J.751, is
amended by adding a subdivision to read:
Subd. 2a.
County performance standards. (a) For the purpose of this section, the
following terms have the meanings given:
(1) "Caseload reduction
credit" (CRC) means the measure of how much the Minnesota TANF caseload,
including the separate state program caseload, has fallen relative to the
federal fiscal year 2005 caseload based on caseload data from October 1 to
September 30.
(2) "TANF participation rate
target" means a 50 percent participation rate reduced by the CRC as
calculated by the Department of Human Services.
(b) A county or tribe shall negotiate
a multiyear improvement plan with the commissioner if the county or tribe does
not:
(1) achieve the TANF participation
rate target or a five percentage point improvement over the county or tribe's
previous year's TANF participation rate under subdivision 2, clause (7), as
averaged across 12 consecutive months for the most recent year for which the
measurements are available; or
(2) perform within or above its range
of expected performance on the annualized three-year self-support index under
subdivision 2, clause (6).
(c) A county or tribe that has
successfully negotiated an improvement plan must provide a semiannual report
indicating that the plan has been implemented, the impact of the plan, and any
anticipated changes to the plan.
Sec. 20. Minnesota Statutes 2008, section 256J.95,
subdivision 12, is amended to read:
Subd. 12. Conversion
or referral to MFIP. (a) If at any
time during the DWP application process or during the four-month DWP
eligibility period, it is determined that a participant is unlikely to benefit
from the diversionary work program, the county shall convert or refer the
participant to MFIP as specified in paragraph (d). Participants who are determined to be
unlikely to benefit from the diversionary work program must develop and sign an
employment plan. Participants who
meet any one of the criteria in paragraph (b) shall be considered to be
unlikely to benefit from DWP, provided the necessary documentation is available
to support the determination.
(b) A participant who: meets
the eligibility requirements under section 256J.575, subdivision 3, must be
considered to be unlikely to benefit from DWP, provided the necessary
documentation is available to support the determination.
(1) has been determined by a qualified
professional as being unable to obtain or retain employment due to an illness,
injury, or incapacity that is expected to last at least 60 days;
(2) is required in the home as a
caregiver because of the illness, injury, or incapacity, of a family member, or
a relative in the household, or a foster child, and the illness, injury, or
incapacity and the need for a person to provide assistance in the home has been
certified by a qualified professional and is expected to continue more than 60
days;
(3) is determined by a qualified
professional as being needed in the home to care for a child or adult meeting
the special medical criteria in section 256J.561, subdivision 2, paragraph (d),
clause (3);
(4) is pregnant and is determined by a
qualified professional as being unable to obtain or retain employment due to
the pregnancy; or
(5) has applied for SSI or SSDI.
(c) In a two-parent family unit, both
parents must be if one parent is determined to be unlikely to
benefit from the diversionary work program before, the family
unit can must be converted or referred to MFIP.
(d) A participant who is determined to
be unlikely to benefit from the diversionary work program shall be converted to
MFIP and, if the determination was made within 30 days of the initial
application for benefits, no additional application form is required. A participant who is determined to be
unlikely to benefit from the diversionary work program shall be referred to
MFIP and, if the determination is made more than 30 days after the initial
application, the participant must submit a program change request form. The county agency shall process the program
change request form by the first of the following month to ensure that no gap
in benefits is due to delayed action by the county agency. In processing the program change request
form, the county must follow section 256J.32, subdivision 1, except that the
county agency shall not require additional verification of the information in
the case file from the DWP application unless the information in the case file
is inaccurate, questionable, or no longer current.
(e) The county shall not request a
combined application form for a participant who has exhausted the four months
of the diversionary work program, has continued need for cash and food
assistance, and has completed, signed, and submitted a program change request
form within 30 days of the fourth month of the diversionary work program. The county must process the program change
request according to section 256J.32, subdivision 1, except that the county
agency shall not require additional verification of information in the case
file unless the information is inaccurate, questionable, or no longer current. When a participant does not request MFIP
within 30 days of the diversionary work program benefits being exhausted, a new
combined application form must be completed for any subsequent request for
MFIP.
EFFECTIVE DATE. This section is
effective March 1, 2010.
Sec. 21. Minnesota Statutes 2008, section 393.07,
subdivision 10, is amended to read:
Subd. 10. Food
stamp program; Maternal and Child Nutrition Act. (a) The local social services agency shall
establish and administer the food stamp program according 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 willful statement or
misrepresentation, or intentional concealment of a material fact, food stamps
or vouchers issued according to sections 145.891 to 145.897 to which the person
is not entitled or in an amount greater than that to which that person is
entitled or which specify nutritional supplements to which that person is not
entitled; or
(2) presents or causes to be
presented, coupons or vouchers issued according to sections 145.891 to 145.897
for payment or redemption knowing them to have been received, transferred or
used in a manner contrary to existing state or federal law; or
(3) willfully uses, possesses, or
transfers food stamp coupons, authorization to purchase cards or vouchers
issued according to sections 145.891 to 145.897 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, other assistance transaction devices, vouchers
issued according to sections 145.891 to 145.897, or any food obtained through
the redemption of vouchers issued according to sections 145.891 to 145.897 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. Establishment of a food stamp overpayment is limited to 12
months prior to the month of discovery due to an agency error and six years
prior to the month of discovery due to a client error or an intentional program
violation determined under section 256.046.
(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.
(g) A peace officer, welfare fraud
investigator, federal law enforcement official, or the commissioner of health
may confiscate vouchers found in the possession of any person who is neither issued
vouchers under sections 145.891 to 145.897, nor otherwise authorized to possess
and use such vouchers. Confiscated
property shall be disposed of as the commissioner of health may direct and
consistent with state and federal law.
The confiscated property must be retained for a period of not less than
30 days.
(h) The commissioner of human services
may seek a waiver from the United States Department of Agriculture to allow the
state to specify foods that may and may not be purchased in Minnesota with
benefits funded by the federal Food Stamp Program. The commissioner shall consult with the
members of the house of representatives and senate policy committees having
jurisdiction over food support issues in developing the waiver. The commissioner, in consultation with the
commissioners of health and education, shall develop a broad public health
policy related to improved nutrition and health status. The commissioner must seek legislative
approval prior to implementing the waiver.
Sec. 22. AMERICAN
INDIAN CHILD WELFARE PROJECTS.
Notwithstanding Minnesota Statutes,
section 16A.28, the commissioner of human services shall extend payment of
state fiscal year 2009 funds in state fiscal year 2010 to tribes participating
in the American Indian child welfare projects under Minnesota Statutes, section
256.01, subdivision 14b. Future
extensions of payment for a tribe participating in the Indian child welfare
projects under Minnesota Statutes, section 256.01, subdivision 14b, must be
granted according to the commissioner's authority under Minnesota Statutes,
section 16A.28.
Sec. 23. REPEALER.
(a) Minnesota Statutes 2008, sections
256D.46; 256I.06, subdivision 9; and 256J.626, subdivision 7, are repealed.
(b) Minnesota Rules, parts 9500.1243,
subpart 3; and 9500.1261, subparts 3, 4, 5, and 6, are repealed.
ARTICLE 3
CHILD SUPPORT
Section 1. Minnesota Statutes 2008, section 518A.53,
subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purpose of this section, the
following terms have the meanings provided in this subdivision unless otherwise
stated.
(b) "Payor of funds" means
any person or entity that provides funds to an obligor, including an employer
as defined under chapter 24 of the Internal Revenue Code, section 3401(d), an
independent contractor, payor of worker's compensation benefits or unemployment
benefits, or a financial institution as defined in section 13B.06.
(c) "Business day" means a
day on which state offices are open for regular business.
(d) The term "arrears"
means amounts owed under a support order that are past due as used in
this section has the meaning provided in section 518A.26.
EFFECTIVE DATE. This section is
effective April 1, 2010.
Sec. 2. Minnesota Statutes 2008, section 518A.53,
subdivision 4, is amended to read:
Subd. 4. Collection
services. (a) The commissioner of
human services shall prepare and make available to the courts a notice of
services that explains child support and maintenance collection services
available through the public authority, including income withholding, and the
fees for such services. Upon receiving a
petition for dissolution of marriage or legal separation, the court administrator
shall promptly send the notice of services to the petitioner and respondent at
the addresses stated in the petition.
(b) Either the obligee or obligor may
at any time apply to the public authority for either full IV-D services or for
income withholding only services.
(c) For those persons applying for
income withholding only services, a monthly service fee of $15 must be charged
to the obligor. This fee is in addition
to the amount of the support order and shall be withheld through income withholding. The public authority shall explain the
service options in this section to the affected parties and encourage the
application for full child support collection services.
(d) If the obligee is not a current
recipient of public assistance as defined in section 256.741, the person who
applied for services may at any time choose to terminate either full IV-D
services or income withholding only services regardless of whether income
withholding is currently in place. The
obligee or obligor may reapply for either full IV-D services or income
withholding only services at any time.
Unless the applicant is a recipient of public assistance as defined in
section 256.741, a $25 application fee shall be charged at the time of each
application.
(e) When a person terminates IV-D
services, if an arrearage for public assistance as defined in section 256.741
exists, the public authority may continue income withholding, as well as use
any other enforcement remedy for the collection of child support, until all
public assistance arrears are paid in full.
Income withholding shall be in an amount equal to 20 percent of the
support order in effect at the time the services terminated., unless
the support order includes a specific monthly payback amount. If the support order includes a specific
monthly payback amount, income withholding shall be in the specific amount
ordered. The provisions of this
paragraph apply to all support orders in effect on or before April 1, 2010, and
to all support orders in effect after April 1, 2010.
EFFECTIVE DATE. This section is
effective April 1, 2010.
Sec. 3. Minnesota Statutes 2008, section 518A.53,
subdivision 10, is amended to read:
Subd. 10. Arrearage
order. (a) This section does not
prevent the court from ordering the payor of funds to withhold amounts to
satisfy the obligor's previous arrearage in support order payments. This remedy shall not operate to exclude
availability of other remedies to enforce judgments. The employer or payor of funds shall withhold
from the obligor's income an additional amount equal to 20 percent of the
monthly child support or maintenance obligation until the arrearage is paid.,
unless the support order includes a specific monthly payback amount. If the support order includes a specific
monthly payback amount, income withholding shall be in the specific amount
ordered. The provisions of this paragraph
apply to all support orders in effect on or before April 1, 2010, and to all
support orders in effect after April 1, 2010.
(b) Notwithstanding any law to the
contrary, funds from income sources included in section 518A.26, subdivision 8,
whether periodic or lump sum, are not exempt from attachment or execution upon
a judgment for child support arrearage.
(c) Absent an order to the contrary,
if an arrearage exists at the time a support order would otherwise terminate,
income withholding shall continue in effect or may be implemented in an amount
equal to the support order plus an additional 20 percent of the monthly child
support obligation, until all arrears have been paid in full.
EFFECTIVE DATE. This section is
effective April 1, 2010.
ARTICLE 4
STATE-OPERATED SERVICES
Section 1. Minnesota Statutes 2008, section 246.50,
subdivision 5, is amended to read:
Subd. 5. Cost
of care. "Cost of care"
means the commissioner's charge for services provided to any person admitted to
a state facility.
For purposes of this subdivision,
"charge for services" means the cost of services, treatment,
maintenance, bonds issued for capital improvements, depreciation of buildings
and equipment, and indirect costs related to the operation of state
facilities. The commissioner may
determine the charge for services on an anticipated average per diem basis as
an all inclusive charge per facility, per disability group, or per treatment
program. The commissioner may determine
a charge per service, using a method that includes direct and indirect costs.
usual and customary fee charged for services provided to clients. The usual and customary fee shall be
established in a manner required to appropriately bill services to all payers
and shall include the costs related to the operations of any program offered by
the state.
Sec. 2. Minnesota Statutes 2008, section 246.50, is
amended by adding a subdivision to read:
Subd. 10.
State-operated community-based
program. "State-operated
community-based program" means any program operated in the community
including community behavioral health hospitals, crisis centers, residential
facilities, outpatient services, and other community-based services developed
and operated by the state and under the commissioner's control.
Sec. 3. Minnesota Statutes 2008, section 246.50, is
amended by adding a subdivision to read:
Subd. 11.
Health plan company. "Health plan company" has the
meaning given it in section 62Q.01, subdivision 4, and also includes a
demonstration provider as defined in section 256B.69, subdivision 2, paragraph
(b), a county or group of counties participating in county-based purchasing
according to section 256B.692, and a children's mental health collaborative
under contract to provide medical assistance for individuals enrolled in the
prepaid medical assistance and MinnesotaCare programs under sections 245.493 to
245.495.
Sec. 4. Minnesota Statutes 2008, section 246.51, is
amended by adding a subdivision to read:
Subd. 1a.
Clients in state-operated
community-based programs; determination. For clients admitted to a state-operated community-based
program, the commissioner shall make an investigation to determine the
available health plan coverage for services being provided. If the health plan coverage requires a co-pay
or deductible, or if there is no available health plan coverage, the commission
shall make an investigation as necessary to determine, and as circumstances
require redetermine, what part of the noncovered cost of care, if any, the
client is able to pay. If the client is
unable to pay the uncovered cost of care, the commissioner shall make a
determination as to the ability of the client's relatives to pay. The client and relatives shall provide the
commissioner documents and proof necessary to determine their ability to pay. Failure to provide the commissioner with sufficient
information to determine ability to pay may make the client or relatives liable
for the full cost of care until the time when sufficient information is
provided. If it is determined that the
responsible party does not have the ability to pay, the commissioner shall
waive payment of the portion that exceeds ability to pay under the
determination.
Sec. 5. Minnesota Statutes 2008, section 246.51, is
amended by adding a subdivision to read:
Subd. 1b.
Clients served by regional
treatment centers or nursing homes; determination. For clients served in regional treatment
centers or nursing homes operated by state-operated services, the commissioner
shall make investigation as necessary to determine, and as circumstances
require redetermine, what part of the cost of care, if any, the client is able
to pay. If the client is unable to pay
the full cost of care, the commissioner shall determine whether the client's
relatives have the ability to pay. The
client and relatives shall provide the commissioner documents and proof
necessary to determine their ability to pay.
Failure to provide the commissioner with sufficient information to
determine ability to pay may make the client or relatives liable for the full
cost of care until the time when sufficient information is provided. No parent shall be liable for the cost of
care given a client at a regional treatment center after the client has reached
the age of 18 years.
Sec. 6. Minnesota Statutes 2008, section 246.511, is
amended to read:
246.511 RELATIVE RESPONSIBILITY.
Except for chemical dependency
services paid for with funds provided under chapter 254B, a client's relatives
shall not, pursuant to the commissioner's authority under section 246.51, be
ordered to pay more than ten percent of the cost of the following: (1) for services provided in a community-based
service, the noncovered cost of care as determined under the ability to pay
determination; and (2) for services provided at a regional treatment center
operated by state-operated services, 20 percent of the cost of care, unless
they reside outside the state. Parents
of children in state facilities shall have their responsibility to pay
determined according to section 252.27, subdivision 2, or in rules adopted
under chapter 254B if the cost of care is paid under chapter 254B. The commissioner may accept voluntary
payments in excess of ten 20 percent. The commissioner may require full payment of
the full per capita cost of care in state facilities for clients whose parent,
parents, spouse, guardian, or conservator do not reside in Minnesota.
Sec. 7. Minnesota Statutes 2008, section 246.52, is
amended to read:
246.52 PAYMENT FOR CARE; ORDER; ACTION.
The commissioner shall issue an order
to the client or the guardian of the estate, if there be one, and relatives
determined able to pay requiring them to pay monthly to the state of
Minnesota the amounts so determined the total of which shall not exceed the
full cost of care. Such order shall
specifically state the commissioner's determination and shall be conclusive
unless appealed from as herein provided.
When a client or relative fails to pay the amount due hereunder the
attorney general, upon request of the commissioner, may institute, or direct
the appropriate county attorney to institute, civil action to recover such
amount.
Sec. 8. Minnesota Statutes 2008, section 246B.01, is
amended by adding a subdivision to read:
Subd. 1a. Client. "Client" means a person who is
admitted to the Minnesota sex offender program or subject to a court hold order
under section 253B.185 for the purpose of assessment, diagnosis, care,
treatment, supervision, or other services provided by the Minnesota sex
offender program.
Sec. 9. Minnesota Statutes 2008, section 246B.01, is
amended by adding a subdivision to read:
Subd. 1b.
Client's county. "Client's county" means the
county of the client's legal settlement for poor relief purposes at the time of
commitment. If the client has no legal
settlement for poor relief in this state, it means the county of commitment,
except that when a client with no legal settlement for poor relief is committed
while serving a sentence at a penal institution, it means the county from which
the client was sentenced.
Sec. 10. Minnesota Statutes 2008, section 246B.01, is
amended by adding a subdivision to read:
Subd. 2a.
Cost of care. "Cost of care" means the
commissioner's charge for housing and treatment services provided to any person
admitted to the Minnesota sex offender program.
For purposes of this subdivision,
"charge for housing and treatment services" means the cost of
services, treatment, maintenance, bonds issued for capital improvements,
depreciation of buildings and equipment, and indirect costs related to the
operation of state facilities. The
commissioner may determine the charge for services on an anticipated average
per diem basis as an all-inclusive charge per facility.
Sec. 11. Minnesota Statutes 2008, section 246B.01, is
amended by adding a subdivision to read:
Subd. 2b.
Local social services agency. "Local social services agency"
means the local social services agency of the client's county as defined in
subdivision 1b and of the county of commitment, and any other local social
services agency possessing information regarding, or requested by the
commissioner to investigate, the financial circumstances of a client.
Sec. 12. [246B.07]
PAYMENT FOR CARE AND TREATMENT: DETERMINATION.
Subdivision 1.
Procedures. The commissioner shall make investigation
as necessary to determine, and as circumstances require redetermine, what part
of the cost of care, if any, the client is able to pay. The client shall provide the commissioner
documents and proof necessary to determine the ability to pay. Failure to provide the commissioner with sufficient
information to determine ability to pay may make the client liable for the full
cost of care until the time when sufficient information is provided.
Subd. 2.
Rules. The commissioner shall adopt, pursuant to
the Administrative Procedure Act, rules establishing uniform standards for
determination of client liability for care provided by the Minnesota sex
offender program. These rules shall have
the force and effect of law.
Subd. 3.
Applicability. The commissioner may recover, under
sections 246B.07 to 246B.10, the cost of any care provided by the Minnesota sex
offender program.
Sec. 13. [246B.08]
PAYMENT FOR CARE; ORDER; ACTION.
The commissioner shall issue an order
to the client or the guardian of the estate, if there is one, requiring them to
pay to the state the amounts so determined, the total of which shall not exceed
the full cost of care. The order shall
specifically state the commissioner's determination and must be conclusive,
unless appealed. When a client fails to
pay the amount due, the attorney general, upon request of the commissioner, may
institute, or direct the appropriate county attorney to institute, civil action
to recover the amount.
Sec. 14. [246B.09]
CLAIM AGAINST ESTATE OF DECEASED CLIENT.
Subdivision 1.
Client's estate. Upon the death of a client, or a former
client, the total cost of care given the client, less the amount actually paid
toward the cost of care by the client, shall be filed by the commissioner as a
claim against the estate of the client with the court having jurisdiction to
probate the estate and all proceeds collected by the state in the case shall be
divided between the state and county in proportion to the cost of care each has
borne.
Subd. 2.
Preferred status. An estate claim in subdivision 1 shall be
considered an expense of the last illness for purposes of section 524.3-805.
If the commissioner of human services
determines that the property or estate of a client is not more than needed to
care for and maintain the spouse and minor or dependent children of a deceased
client, the commissioner has the power to compromise the claim of the state in
a manner deemed just and proper.
Subd. 3.
Exception from statute of
limitations. Any statute of
limitations that limits the commissioner in recovering the cost of care
obligation incurred by a client or former client must not apply to any claim
against an estate made under this section to recover cost of care.
Sec. 15. [246B.10]
LIABILITY OF COUNTY; REIMBURSEMENT.
The client's county shall pay to the
state a portion of the cost of care provided in the Minnesota sex offender
program to a client legally settled in that county. A county's payment shall be made from the
county's own sources of revenue and payments shall equal ten percent of the
cost of care, as determined by the commissioner, for each day or portion of a
day, that the client spends at the facility.
If payments received by the state under sections 246.50 to 246.53 exceed
90 percent of the cost of care, the county shall be responsible for paying the
state only the remaining amount. The
county shall not be entitled to reimbursement from the client, the client's
estate, or from the client's relatives, except as provided in section 246B.07.
Sec. 16. REPEALER.
Minnesota Statutes 2008, sections
246.51, subdivision 1; and 246.53, subdivision 3, are repealed.
ARTICLE 5
DEPARTMENT OF HEALTH AND HEALTH CARE
Section 1. Minnesota Statutes 2008, section 13.465,
subdivision 8, is amended to read:
Subd. 8. Adoption
records. Various adoption records
are classified under section 259.53, subdivision 1. Access to the original birth record of a
person who has been adopted is governed by section 259.89 144.2253.
EFFECTIVE DATE. This section is
effective August 1, 2010.
Sec. 2. Minnesota Statutes 2008, section 62J.495, is
amended to read:
62J.495 HEALTH INFORMATION TECHNOLOGY AND INFRASTRUCTURE.
Subdivision 1. Implementation. By January 1, 2015, all hospitals and health
care providers must have in place an interoperable electronic health records
system within their hospital system or clinical practice setting. The commissioner of health, in consultation
with the e-Health Information Technology and Infrastructure
Advisory Committee, shall develop a statewide plan to meet this goal, including
uniform standards to be used for the
interoperable system for sharing and
synchronizing patient data across systems.
The standards must be compatible with federal efforts. The uniform standards must be developed by
January 1, 2009, with a status report on the development of these standards
submitted to the legislature by January 15, 2008 and updated on an
ongoing basis. The commissioner shall
include an update on standards development as part of an annual report to the
legislature.
Subd. 1a.
Definitions. (a) "Certified electronic health
record technology" means an electronic health record that is certified
pursuant to section 3001(c)(5) of the HITECH Act to meet the standards and
implementation specifications adopted under section 3004 as applicable.
(b) "Commissioner" means the
commissioner of health.
(c) "Pharmaceutical electronic
data intermediary" means any entity that provides the infrastructure to
connect computer systems or other electronic devices utilized by prescribing
practitioners with those used by pharmacies, health plans, third party
administrators, and pharmacy benefit manager in order to facilitate the secure
transmission of electronic prescriptions, refill authorization requests,
communications, and other prescription-related information between such
entities.
(d) "HITECH Act" means the
Health Information Technology for Economic and Clinical Health Act in division
A, title XIII and division B, title IV of the American Recovery and
Reinvestment Act of 2009, including federal regulations adopted under that act.
(e) "Interoperable electronic
health record" means an electronic health record that securely exchanges
health information with another electronic health record system that meets
national requirements for certification under the HITECH Act.
(f) "Qualified electronic health
record" means an electronic record of health-related information on an
individual that includes patient demographic and clinical health information
and has the capacity to:
(1) provide clinical decision support;
(2) support physician order entry;
(3) capture and query information
relevant to health care quality; and
(4) exchange electronic health
information with, and integrate such information from, other sources.
Subd. 2. E-Health
Information Technology and Infrastructure Advisory Committee. (a) The commissioner shall establish a
an e-Health Information Technology and Infrastructure Advisory
Committee governed by section 15.059 to advise the commissioner on the
following matters:
(1) assessment of the adoption and
effective use of health information technology by the state, licensed
health care providers and facilities, and local public health agencies;
(2) recommendations for implementing a
statewide interoperable health information infrastructure, to include estimates
of necessary resources, and for determining standards for administrative
clinical data exchange, clinical support programs, patient privacy
requirements, and maintenance of the security and confidentiality of individual
patient data;
(3) recommendations for encouraging
use of innovative health care applications using information technology and
systems to improve patient care and reduce the cost of care, including
applications relating to disease management and personal health management that
enable remote monitoring of patients' conditions, especially those with chronic
conditions; and
(4) other related issues as requested
by the commissioner.
(b) The members of the e-Health
Information Technology and Infrastructure Advisory Committee shall
include the commissioners, or commissioners' designees, of health, human
services, administration, and commerce and additional members to be appointed
by the commissioner to include persons representing Minnesota's local public
health agencies, licensed hospitals and other licensed facilities and
providers, private purchasers, the medical and nursing professions, health
insurers and health plans, the state quality improvement organization, academic
and research institutions, consumer advisory organizations with an interest and
expertise in health information technology, and other stakeholders as
identified by the Health Information Technology and Infrastructure Advisory
Committee commissioner to fulfill the requirements of section 3013,
paragraph (g) of the HITECH Act.
(c) The commissioner shall prepare and
issue an annual report not later than January 30 of each year outlining
progress to date in implementing a statewide health information infrastructure
and recommending future projects action on policy and necessary
resources to continue the promotion of adoption and effective use of health
information technology.
(d) Notwithstanding section 15.059,
this subdivision expires June 30, 2015.
Subd. 3. Interoperable
electronic health record requirements.
(a) To meet the requirements of subdivision 1, hospitals and
health care providers must meet the following criteria when implementing an
interoperable electronic health records system within their hospital system or
clinical practice setting.
(a) The electronic health record must
be a qualified electronic health record.
(b) The electronic health record must
be certified by the Certification Commission for Healthcare Information
Technology, or its successor Office of the National Coordinator pursuant
to the HITECH Act. This criterion
only applies to hospitals and health care providers whose practice setting
is a practice setting covered by the Certification Commission for Healthcare
Information Technology certifications only if a certified electronic health
record product for the provider's particular practice setting is available. This criterion shall be considered met if a
hospital or health care provider is using an electronic health records system
that has been certified within the last three years, even if a more current
version of the system has been certified within the three-year period.
(c) The electronic health record must
meet the standards established according to section 3004 of the HITECH Act as
applicable.
(d) The electronic health record must
have the ability to generate information on clinical quality measures and other
measures reported under sections 4101, 4102, and 4201 of the HITECH Act.
(c) (e) A health care provider who is a prescriber or
dispenser of controlled substances legend drugs must have an
electronic health record system that meets the requirements of section 62J.497.
Subd. 4.
Coordination with national HIT
activities. (a) The
commissioner, in consultation with the e-Health Advisory Committee, shall
update the statewide implementation plan required under subdivision 2 and
released June 2008, to be consistent with the updated Federal HIT Strategic
Plan released by the Office of the National Coordinator in accordance with
section 3001 of the HITECH Act. The
statewide plan shall meet the requirements for a plan required under section
3013 of the HITECH Act.
(b) The commissioner, in consultation
with the e-Health Advisory Committee, shall work to ensure coordination between
state, regional, and national efforts to support and accelerate efforts to
effectively use health information technology to improve the quality and
coordination of health care and continuity of patient care among health care
providers, to reduce medical errors, to improve population health, to reduce health
disparities, and to reduce chronic disease.
The commissioner's coordination efforts shall include but not be limited
to:
(1) assisting in the development and
support of health information technology regional extension centers established
under section 3012(c) of the HITECH Act to provide technical assistance and
disseminate best practices; and
(2) providing supplemental information
to the best practices gathered by regional centers to ensure that the
information is relayed in a meaningful way to the Minnesota health care
community.
(c) The commissioner, in consultation
with the e-Health Advisory Committee, shall monitor national activity related
to health information technology and shall coordinate statewide input on policy
development. The commissioner shall
coordinate statewide responses to proposed federal health information
technology regulations in order to ensure that the needs of the Minnesota
health care community are adequately and efficiently addressed in the proposed
regulations. The commissioner's
responses may include, but are not limited to:
(1) reviewing and evaluating any
standard, implementation specification, or certification criteria proposed by
the national HIT standards committee;
(2) reviewing and evaluating policy
proposed by the national HIT policy committee relating to the implementation of
a nationwide health information technology infrastructure;
(3) monitoring and responding to
activity related to the development of quality measures and other measures as
required by section 4101 of the HITECH Act.
Any response related to quality measures shall consider and address the
quality efforts required under chapter 62U; and
(4) monitoring and responding to
national activity related to privacy, security, and data stewardship of
electronic health information and individually identifiable health information.
(d) To the extent that the state is
either required or allowed to apply, or designate an entity to apply for or
carry out activities and programs under section 3013 of the HITECH Act, the
commissioner of health, in consultation with the e-Health Advisory Committee
and the commissioner of human services, shall be the lead applicant or sole
designating authority. The commissioner
shall make such designations consistent with the goals and objectives of
sections 62J.495 to 62J.497, and sections 62J.50 to 62J.61.
(e) The commissioner of human services
shall apply for funding necessary to administer the incentive payments to
providers authorized under title IV of the American Recovery and Reinvestment
Act.
(f) The commissioner shall include in
the report to the legislature information on the activities of this subdivision
and provide recommendations on any relevant policy changes that should be
considered in Minnesota.
Subd. 5.
Collection of data for
assessment and eligibility determination. (a) The commissioner of health, in
consultation with the commissioner of human services, may require providers,
dispensers, group purchasers, and pharmaceutical electronic data intermediaries
to submit data in a form and manner specified by the commissioner to assess the
status of adoption, effective use, and interoperability of electronic health
records for the purpose of:
(1) demonstrating Minnesota's progress
on goals established by the Office of the National Coordinator to accelerate
the adoption and effective use of health information technology established
under the HITECH Act;
(2) assisting the Center for Medicare
and Medicaid Services and Department of Human Services in determining
eligibility of health care professionals and hospitals to receive federal
incentives for the adoption and effective use of health information technology
under the HITECH Act or other federal incentive programs;
(3) assisting the Office of the National
Coordinator in completing required assessments of the impact of the
implementation and effective use of health information technology in achieving
goals identified in the national strategic plan, and completing studies
required by the HITECH Act;
(4) providing the data necessary to
assist the Office of the National Coordinator in conducting evaluations of
regional extension centers as required by the HITECH Act; and
(5) other purposes as necessary to
support the implementation of the HITECH Act.
(b) The commissioner shall coordinate
with the commissioner of human services and other state agencies in the
collection of data required under this section to:
(1) avoid duplicative reporting
requirements;
(2) maximize efficiencies in the
development of reports on state activities as required by HITECH; and
(3) determine health professional and
hospital eligibility for incentives available under the HITECH Act.
Subd. 6.
Data classification. (a) Data collected on providers,
dispensers, group purchasers, and electronic data intermediaries under this
section are private data on individuals or nonpublic data, as defined in
section 13.02. Notwithstanding the
definition of summary data in section 13.02, subdivision 19, summary data
prepared under this subdivision may be derived from nonpublic data.
(b) Nothing in this section
authorizes the collection of individual patient data.
Sec. 3. Minnesota Statutes 2008, section 62J.496, is
amended to read:
62J.496 ELECTRONIC HEALTH RECORD SYSTEM REVOLVING ACCOUNT AND LOAN
PROGRAM.
Subdivision 1. Account
establishment. (a) An account
is established to: provide
loans to eligible borrowers to assist in financing the installation or support
of an interoperable health record system.
The system must provide for the interoperable exchange of health care
information between the applicant and, at a minimum, a hospital system,
pharmacy, and a health care clinic or other physician group.
(1) finance the purchase of certified
electronic health records or qualified electronic health records as defined in
section 62J.495, subdivision 1a;
(2) enhance the utilization of
electronic health record technology, which may include costs associated with
upgrading the technology to meet the criteria necessary to be a certified electronic
health record or a qualified electronic health record;
(3) train personnel in the use of
electronic health record technology; and
(4) improve the secure electronic
exchange of health information.
(b) Amounts deposited in the account,
including any grant funds obtained through federal or other sources, loan
repayments, and interest earned on the amounts shall be used only for awarding
loans or loan guarantees, as a source of reserve and security for leveraged
loans, or for the administration of the account.
(c) The commissioner may accept
contributions to the account from private sector entities subject to the
following provisions:
(1) the contributing entity may not
specify the recipient or recipients of any loan issued under this subdivision;
(2) the commissioner shall make public
the identity of any private contributor to the loan fund, as well as the amount
of the contribution provided; and
(3) the commissioner may issue letters
of commendation or make other awards that have no financial value to any such
entity.
A contributing entity may not specify
that the recipient or recipients of any loan use specific products or services,
nor may the contributing entity imply that a contribution is an endorsement of
any specific product or service.
(d) The commissioner may use the loan
funds to reimburse private sector entities for any contribution made to the
loan fund. Reimbursement to private
entities may not exceed the principle amount contributed to the loan fund.
(e) The commissioner may use funds
deposited in the account to guarantee, or purchase insurance for, a local
obligation if the guarantee or purchase would improve credit market access or
reduce the interest rate applicable to the obligation involved.
(f) The commissioner may use funds
deposited in the account as a source of revenue or security for the payment of
principal and interest on revenue or bonds issued by the state if the proceeds
of the sale of the bonds will be deposited into the loan fund.
Subd. 2. Eligibility. (a) "Eligible borrower" means one
of the following:
(1) federally qualified health
centers;
(1) (2) community clinics, as defined under section 145.9268;
(2) (3) nonprofit hospitals eligible for rural
hospital capital improvement grants, as defined in section 144.148
licensed under sections 144.50 to 144.56;
(3) physician clinics located in a
community with a population of less than 50,000 according to United States
Census Bureau statistics and outside the seven-county metropolitan area;
(4) individual or small group
physician practices that are focused primarily on primary care;
(4) (5) nursing facilities licensed under sections 144A.01 to
144A.27; and
(6) local public health departments as
defined in chapter 145A; and
(5) (7) other providers of health or health care services
approved by the commissioner for which interoperable electronic health record
capability would improve quality of care, patient safety, or community health.
(b) The commissioner shall administer
the loan fund to prioritize support and assistance to:
(1) critical access hospitals;
(2) federally qualified health
centers;
(3) entities that serve uninsured,
underinsured, and medically underserved individuals, regardless of whether such
area is urban or rural; and
(4) individual or small group
practices that are primarily focused on primary care.
(b) To be eligible for a loan under
this section, the
(c) An eligible
applicant must submit a loan application to the commissioner of health on forms
prescribed by the commissioner. The application
must include, at a minimum:
(1) the amount of the loan requested
and a description of the purpose or project for which the loan proceeds will be
used;
(2) a quote from a vendor;
(3) a description of the health care
entities and other groups participating in the project;
(4) evidence of financial stability
and a demonstrated ability to repay the loan; and
(5) a description of how the system
to be financed interconnects interoperates or plans in the future
to interconnect interoperate with other health care entities and
provider groups located in the same geographical area;
(6) a plan on how the certified
electronic health record technology will be maintained and supported over time;
and
(7) any other requirements for
applications included or developed pursuant to section 3014 of the HITECH Act.
Subd. 3. Loans and
grants. (a) The commissioner of
health may make a no interest grant, or a no interest loan or low
interest loan to a provider or provider group who is eligible under
subdivision 2 on a first-come, first-served basis provided that the
applicant is able to comply with this section consistent with the
priorities established in subdivision 2.
The total accumulative loan principal must not exceed $1,500,000
$3,000,000 per loan. The interest
rate for each loan, if imposed, shall not exceed the current market interest
rate. The commissioner of health has
discretion over the size, interest rate, and number of loans made. Nothing in this section shall require the
commissioner to make a loan to an eligible borrower under subdivision 2.
(b) The commissioner of health may
prescribe forms and establish an application process and, notwithstanding
section 16A.1283, may impose a reasonable nonrefundable application fee to
cover the cost of administering the loan program. Any application fees imposed and collected
under the electronic health records system revolving account and loan program
in this section are appropriated to the commissioner of health for the duration
of the loan program. The commissioner
may apply for and use all federal funds available through the HITECH Act to
administer the loan program.
(c) For loans approved prior to
July 1, 2009, the borrower must begin repaying the principal no later than
two years from the date of the loan.
Loans must be amortized no later than six years from the date of the
loan.
(d) For loans granted on January 1,
2010, or thereafter, the borrower must begin repaying the principle no later
than one year from the date of the loan.
Loans must be amortized no later than six years after the date of the
loan.
(d) Repayments (e) All repayments and interest paid
on each loan must be
credited to the account.
(f) The loan agreement shall include
the assurances that borrower meets requirements included or developed pursuant
to section 3014 of the HITECH Act. The
requirements shall include, but are not limited to:
(1) submitting reports on quality
measures in compliance with regulations adopted by the federal government;
(2) demonstrating that any certified
electronic health record technology purchased, improved, or otherwise
financially supported by this loan program is used to exchange health
information in a manner that, in accordance with law and standards applicable
to the exchange of information, improves the quality of health care;
(3) including a plan on how the
borrower intends to maintain and support the certified electronic health record
technology over time and the resources expected to be used to maintain and
support the technology purchased with the loan; and
(4) complying with other requirements
the secretary may require to use loans funds under the HITECH Act.
Subd. 4. Data
classification. Data collected by
the commissioner of health on the application to determine eligibility under
subdivision 2 and to monitor borrowers' default risk or collect payments owed
under subdivision 3 are (1) private data on individuals as defined in section
13.02, subdivision 12; and (2) nonpublic data as defined in section 13.02,
subdivision 9. The names of borrowers
and the amounts of the loans granted are public data.
Sec. 4. Minnesota Statutes 2008, section 62J.497,
subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of this section, the
following terms have the meanings given.
(a) "Backward compatible"
means that the newer version of a data transmission standard would retain, at a
minimum, the full functionality of the versions previously adopted, and would
permit the successful completion of the applicable transactions with entities
that continue to use the older versions.
(a) (b) "Dispense" or
"dispensing" has the meaning given in section 151.01, subdivision
30. Dispensing does not include the
direct administering of a controlled substance to a patient by a licensed
health care professional.
(b) (c) "Dispenser" means a person
authorized by law to dispense a controlled substance, pursuant to a valid
prescription.
(c) (d) "Electronic media" has the
meaning given under Code of Federal Regulations, title 45, part 160.103.
(d) (e) "E-prescribing" means the
transmission using electronic media of prescription or prescription-related
information between a prescriber, dispenser, pharmacy benefit manager, or group
purchaser, either directly or through an intermediary, including an
e-prescribing network. E-prescribing
includes, but is not limited to, two-way transmissions between the point of
care and the dispenser and two-way transmissions related to eligibility,
formulary, and medication history information.
(e) (f) "Electronic prescription drug
program" means a program that provides for e-prescribing.
(f) (g) "Group purchaser" has the
meaning given in section 62J.03, subdivision 6.
(g) (h) "HL7 messages" means a
standard approved by the standards development organization known as Health
Level Seven.
(h) (i) "National Provider
Identifier" or "NPI" means the identifier described under Code
of Federal Regulations, title 45, part 162.406.
(i) (j) "NCPDP" means the National
Council for Prescription Drug Programs, Inc.
(j) (k) "NCPDP Formulary and Benefits
Standard" means the National Council for Prescription Drug Programs
Formulary and Benefits Standard, Implementation Guide, Version 1, Release 0,
October 2005.
(k) (l) "NCPDP SCRIPT Standard"
means the National Council for Prescription Drug Programs Prescriber/Pharmacist
Interface SCRIPT Standard, Implementation Guide Version 8, Release 1 (Version
8.1), October 2005, or the most recent standard adopted by the Centers for
Medicare and Medicaid Services for
e‑prescribing under Medicare
Part D as required by section 1860D-4(e)(4)(D) of the Social Security Act, and
regulations adopted under it. The
standards shall be implemented according to the Centers for Medicare and
Medicaid Services schedule for compliance.
Subsequently released versions of the NCPDP SCRIPT Standard may be used,
provided that the new version of the standard is backward compatible to the
current version adopted by the Centers for Medicare and Medicaid Services.
(l) (m) "Pharmacy" has the meaning
given in section 151.01, subdivision 2.
(m) (n) "Prescriber" means a
licensed health care professional who is authorized to prescribe a
controlled substance under section 152.12, subdivision 1. practitioner,
other than a veterinarian, as defined in section 151.01, subdivision 23.
(n) (o) "Prescription-related
information" means information regarding eligibility for drug benefits,
medication history, or related health or drug information.
(o) (p) "Provider" or "health
care provider" has the meaning given in section 62J.03, subdivision 8.
Sec. 5. Minnesota Statutes 2008, section 62J.497,
subdivision 2, is amended to read:
Subd. 2. Requirements
for electronic prescribing. (a)
Effective January 1, 2011, all providers, group purchasers, prescribers, and
dispensers must establish and, maintain, and use an
electronic prescription drug program that complies. This program must comply with the
applicable standards in this section for transmitting, directly or through an
intermediary, prescriptions and prescription-related information using electronic
media.
(b) Nothing in this section
requires providers, group purchasers, prescribers, or dispensers to conduct the
transactions described in this section. If
transactions described in this section are conducted, they must be done
electronically using the standards described in this section. Nothing in this section requires providers,
group purchasers, prescribers, or dispensers to electronically conduct
transactions that are expressly prohibited by other sections or federal law.
(c) Providers, group purchasers,
prescribers, and dispensers must use either HL7 messages or the NCPDP SCRIPT
Standard to transmit prescriptions or prescription-related information
internally when the sender and the recipient are part of the same legal entity. If an entity sends prescriptions outside the
entity, it must use the NCPDP SCRIPT Standard or other applicable standards
required by this section. Any pharmacy
within an entity must be able to receive electronic prescription transmittals
from outside the entity using the adopted NCPDP SCRIPT Standard. This exemption does not supersede any Health
Insurance Portability and Accountability Act (HIPAA) requirement that may
require the use of a HIPAA transaction standard within an organization.
(d) Entities transmitting
prescriptions or prescription-related information where the prescriber is
required by law to issue a prescription for a patient to a nonprescribing
provider that in turn forwards the prescription to a dispenser are exempt from
the requirement to use the NCPDP SCRIPT Standard when transmitting
prescriptions or prescription-related information.
Sec. 6. Minnesota Statutes 2008, section 62J.497, is
amended by adding a subdivision to read:
Subd. 4.
Development and use of uniform
formulary exception form. (a)
The commissioner of health, in consultation with the Minnesota Administrative
Uniformity Committee, shall develop by July 1, 2009, or six weeks after
enactment of this subdivision, whichever is later, a uniform formulary
exception form that allows health care providers to request exceptions from
group purchaser formularies using a uniform form. Upon development of the form, all health care
providers must submit requests for formulary exceptions using the uniform form,
and all group purchasers must accept this form from health care providers.
(b) No later than January 1, 2011, the
uniform formulary exception form must be accessible and submitted by health
care providers, and accepted and processed by group purchasers, through secure
electronic transmissions. Facsimile
shall not be considered secure electronic transmissions.
Sec. 7. Minnesota Statutes 2008, section 62J.497, is
amended by adding a subdivision to read:
Subd. 5.
Electronic drug prior
authorization standardization and transmission. (a) The commissioner of health, in
consultation with the Minnesota e-Health Advisory Committee and the Minnesota
Administrative Uniformity Committee, shall, by February 15, 2010, identify an
outline on how best to standardize drug prior authorization request transactions
between providers and group purchasers with the goal of maximizing
administrative simplification and efficiency in preparation for electronic
transmissions.
(b) No later than January 1, 2011,
drug prior authorization requests must be accessible and submitted by health
care providers, and accepted and processed by group purchasers, electronically
through secure electronic transmissions.
Facsimile shall not be considered electronic transmission.
Sec. 8. [62Q.676]
MEDICATION THERAPY MANAGEMENT.
A pharmacy benefit manager that
provides prescription drug services must make available medication therapy
management services for enrollees taking four or more prescriptions to treat or
prevent two or more chronic medical conditions.
For purposes of this section, "medication therapy management"
means the provision of the following pharmaceutical care services by a licensed
pharmacist to optimize the therapeutic outcomes of the patient's medications:
(1) performing a comprehensive
medication review to identify, resolve, and prevent medication-related
problems, including adverse drug events;
(2) communicating essential
information to the patient's other primary care providers; and
(3) providing verbal education and
training designed to enhance patient understanding and appropriate use of the
patient's medications.
Nothing in this section shall be
construed to expand or modify the scope of practice of the pharmacist as
defined in section 151.01, subdivision 27.
Sec. 9. Minnesota Statutes 2008, section 144.122, is
amended to read:
144.122 LICENSE, PERMIT, AND SURVEY FEES.
(a) The state commissioner of health,
by rule, may prescribe procedures and fees for filing with the commissioner as
prescribed by statute and for the issuance of original and renewal permits,
licenses, registrations, and certifications issued under authority of the
commissioner. The expiration dates of
the various licenses, permits, registrations, and certifications as prescribed
by the rules shall be plainly marked thereon.
Fees may include application and examination fees and a penalty fee for
renewal applications submitted after the expiration date of the previously
issued permit, license, registration, and certification. The commissioner may also prescribe, by rule,
reduced fees for permits, licenses, registrations, and certifications when the
application therefor is submitted during the last three months of the permit,
license, registration, or certification period.
Fees proposed to be prescribed in the rules shall be first approved by
the Department of Finance. All fees
proposed to be prescribed in rules shall be reasonable. The fees shall be in an amount so that the
total fees collected by the commissioner will, where practical, approximate the
cost to the commissioner in administering the program. All fees collected shall be deposited in the
state treasury and credited to the state government special revenue fund unless
otherwise specifically appropriated by law for specific purposes.
(b) The commissioner may charge a fee
for voluntary certification of medical laboratories and environmental
laboratories, and for environmental and medical laboratory services provided by
the department, without complying with paragraph (a) or chapter 14. Fees charged for environment and medical
laboratory services provided by the department must be approximately equal to
the costs of providing the services.
(c) The commissioner may develop a
schedule of fees for diagnostic evaluations conducted at clinics held by the
services for children with disabilities program. All receipts generated by the program are
annually appropriated to the commissioner for use in the maternal and child
health program.
(d) The commissioner shall set license
fees for hospitals and nursing homes that are not boarding care homes at the
following levels:
Joint Commission on Accreditation of Healthcare $7,555 $7,655 plus $13
$16 per bed
Organizations (JCAHO) and American Osteopathic
Association (AOA) hospitals
Non-JCAHO and non-AOA hospitals $5,180
$5,280 plus $247 $250 per bed
Nursing home $183
plus $91 per bed
The commissioner shall set license fees for outpatient surgical centers,
boarding care homes, and supervised living facilities at the following levels:
Outpatient surgical centers $3,349
$3,712
Boarding care homes $183
plus $91 per bed
Supervised living facilities $183
plus $91 per bed.
(e) Unless prohibited by federal law, the commissioner of
health shall charge applicants the following fees to cover the cost of any
initial certification surveys required to determine a provider's eligibility to
participate in the Medicare or Medicaid program:
Prospective payment surveys for hospitals $900
Swing bed surveys for nursing homes $1,200
Psychiatric hospitals $1,400
Rural health facilities $1,100
Portable x-ray providers $500
Home health agencies $1,800
Outpatient therapy agencies $800
End stage renal dialysis providers $2,100
Independent therapists $800
Comprehensive rehabilitation outpatient facilities $1,200
Hospice providers $1,700
Ambulatory surgical providers $1,800
Hospitals $4,200
Other provider categories or additional resurveys Actual surveyor
costs: average surveyor cost
required to complete initial certification x
number of hours for the survey process.
These fees shall be submitted at the time of the application
for federal certification and shall not be refunded. All fees collected after the date that the
imposition of fees is not prohibited by federal law shall be deposited in the state
treasury and credited to the state government special revenue fund.
Sec. 10. Minnesota
Statutes 2008, section 144.218, subdivision 1, is amended to read:
Subdivision 1. Adoption. (a) Upon receipt of a certified copy
of an order, decree, or certificate of adoption, the state registrar shall
register a replacement vital record in the new name of the adopted person. Except as provided in paragraph (b), the
original record of birth is confidential pursuant to private data on
individuals, as defined in section 13.02, subdivision 3 12,
and shall not be disclosed except pursuant to court order or section 144.2252
or 144.2253.
(b)
The information contained on the original birth record, except for the
registration number, shall be provided on request to: (1) a parent who is named on the original
birth record; or (2) the adopted person who is the subject of the record if
the person is at least 19 years of age, unless there is an affidavit of
nondisclosure on file with the state registrar. Upon the receipt of a certified copy of a
court order of annulment of adoption the state registrar shall restore the
original vital record to its original place in the file.
EFFECTIVE DATE.
This section is effective August 1, 2010.
Sec. 11. Minnesota
Statutes 2008, section 144.225, subdivision 2, is amended to read:
Subd. 2. Data about births. (a) Except as otherwise provided in this
subdivision, data pertaining to the birth of a child to a woman who was not
married to the child's father when the child was conceived nor when the child
was born, including the original record of birth and the certified vital
record, are confidential data. At the
time of the birth of a child to a woman who was not married to the child's
father when the child was conceived nor when the child was born, the mother may
designate demographic data pertaining to the birth as public. Notwithstanding the designation of the data
as confidential, it may be disclosed:
(1) to a parent or guardian of the child;
(2) to the child when the child is 16 years of age or older;
(3) under paragraph (b) or (e); or
(4) pursuant to a court order.
For purposes of this section, a subpoena does not constitute a court
order.
(b) Unless the child is adopted, data pertaining to the birth
of a child that are not accessible to the public become public data if 100
years have elapsed since the birth of the child who is the subject of the data,
or as provided under section 13.10, whichever occurs first.
(c) If a child is adopted, data pertaining to the child's
birth are governed by the provisions relating to adoption records, including
sections 13.10, subdivision 5; 144.218, subdivision 1; 144.2252; 144.2253; and
259.89.
(d) The name and address of a mother under paragraph (a) and
the child's date of birth may be disclosed to the county social services or
public health member of a family services collaborative for purposes of
providing services under section 124D.23.
(e) The commissioner of human services shall have access to
birth records for:
(1) the purposes of administering medical assistance, general
assistance medical care, and the MinnesotaCare program;
(2) child support enforcement purposes; and
(3) other public health purposes as determined by the
commissioner of health.
EFFECTIVE DATE.
This section is effective August 1, 2010.
Sec. 12. Minnesota
Statutes 2008, section 144.2252, is amended to read:
144.2252 ACCESS TO ORIGINAL BIRTH
RECORD AFTER ADOPTION.
(a) Whenever an adopted person requests the state registrar to
disclose the information on the adopted person's original birth record, the
state registrar shall act according to section 259.89 144.2253.
(b) The state registrar shall provide a transcript of an
adopted person's original birth record to an authorized representative of a
federally recognized American Indian tribe for the sole purpose of determining
the adopted person's eligibility for enrollment or membership. Information contained in the birth record may
not be used to provide the adopted person information about the person's birth
parents, except as provided in this section or section 259.83
144.2253.
EFFECTIVE DATE.
This section is effective August 1, 2010.
Sec. 13. [144.2253] ACCESS TO ORIGINAL BIRTH
RECORDS BY ADOPTED PERSON; DEPARTMENT DUTIES.
Subdivision 1. Affidavits. The
department shall prepare affidavit of disclosure and nondisclosure forms under
which a birth parent may agree to or object to the release of the original
birth record to the adopted person. The
department shall make the forms readily accessible to birth parents on the
department's Web site.
Subd. 2. Disclosure. Upon
request, the state registrar shall provide a noncertified copy of the original birth
record to an adopted person age 19 or older, unless there is an affidavit of
nondisclosure on file. The state
registrar must comply with the terms of affidavits of disclosure or affidavits
of nondisclosure.
Subd. 3. Rescission of affidavit.
A birth parent may rescind an affidavit of disclosure or an affidavit
of nondisclosure at any time.
Subd. 4. Affidavit of nondisclosure; access to birth record. If an affidavit of nondisclosure is on file
with the registrar, an adopted person age 19 or older may petition the
appropriate court for disclosure of the original birth record pursuant to
section 259.61. The court shall grant
the petition if, after consideration of the interests of all known persons
affected by the petition, the court determines that the benefits of disclosure
of the information are greater than the benefits of nondisclosure.
Subd. 5. Information provided.
(a) The department shall, in consultation with adoption agencies and
adoption advocates, provide information and educational materials to adopted
persons and birth parents about the changes in the law under this act affecting
accessibility to birth records. For
purposes of this subdivision, an adoption advocate is a nonprofit organization that
works with adoption issues in Minnesota.
(b) The department shall include a notice on the department
Web site about the change in the law under this act and direct individuals to
private agencies and advocates for post-adoption resources.
(c) Adoption agencies may charge a fee for counseling and
support services provided to adopted persons and birth parents.
EFFECTIVE DATE.
This section is effective August 1, 2010.
Sec. 14. Minnesota
Statutes 2008, section 144.226, subdivision 1, is amended to read:
Subdivision 1. Which services are for fee. The fees for the following services shall be
the following or an amount prescribed by rule of the commissioner:
(a) The fee for the issuance of a certified vital record or a
certification that the vital record cannot be found is $9. No fee shall be charged for a certified
birth, stillbirth, or death record that is reissued within one year of the
original issue, if an amendment is made to the vital record and if the
previously issued vital record is surrendered.
The fee is nonrefundable.
(b) The fee for processing a request for the replacement of a
birth record for all events, except when filing a recognition of parentage
pursuant to section 257.73, subdivision 1, is $40. The fee is payable at the time of application
and is nonrefundable.
(c) The fee for processing a request for the filing of a
delayed registration of birth, stillbirth, or death is $40. The fee is payable at the time of application
and is nonrefundable. This fee includes
one subsequent review of the request if the request is not acceptable upon the
initial receipt.
(d) The fee for processing a request for the amendment of any
vital record when requested more than 45 days after the filing of the vital
record is $40. No fee shall be charged
for an amendment requested within 45 days after the filing of the vital
record. The fee is payable at the time
of application and is nonrefundable.
This fee includes one subsequent review of the request if the request is
not acceptable upon the initial receipt.
(e) The fee for processing a request for the verification of
information from vital records is $9 when the applicant furnishes the specific
information to locate the vital record.
When the applicant does not furnish specific information, the fee is $20
per hour for staff time expended.
Specific information includes the correct date of the event and the
correct name of the registrant. Fees
charged shall approximate the costs incurred in searching and copying the vital
records. The fee is payable at the time
of application and is nonrefundable.
(f) The fee for processing a request for the issuance of a
copy of any document on file pertaining to a vital record or statement that a
related document cannot be found is $9.
The fee is payable at the time of application and is nonrefundable.
(g) The department shall charge a fee of $18 for noncertified
copies of birth records provided to adopted persons age 19 or older to cover
the cost of providing the birth record and any costs associated with the
distribution of information to adopted persons and birth parents required under
section 144.2253, subdivision 5.
EFFECTIVE DATE.
This section is effective August 1, 2010.
Sec. 15. Minnesota
Statutes 2008, section 144.226, subdivision 4, is amended to read:
Subd. 4. Vital records surcharge. (a) In addition to any fee prescribed under
subdivision 1, there is a nonrefundable surcharge of $2 for each certified and
noncertified birth, stillbirth, or death record, and for a certification that
the record cannot be found. The local or
state registrar shall forward this amount to the commissioner of finance to be
deposited into the state government special revenue fund. This surcharge shall not be charged under
those circumstances in which no fee for a birth, stillbirth, or death record is
permitted under subdivision 1, paragraph (a).
(b) Effective August 1, 2005, to June 30, 2009, the
surcharge in paragraph (a) shall be is $4.
Sec. 16. Minnesota
Statutes 2008, section 148.6445, is amended by adding a subdivision to read:
Subd. 2a. Duplicate license fee.
The fee for a duplicate license is $25.
Sec. 17. Minnesota
Statutes 2008, section 259.89, subdivision 1, is amended to read:
Subdivision 1. Request. An adopted person who is 19 years of age or
over may request the commissioner of health to disclose the information on the
adopted person's original birth record. The
commissioner of health shall, within five days of receipt of the request,
notify the commissioner of human services' agent or licensed child-placing
agency when known, or the commissioner of human services when the agency is not
known in writing of the request by the adopted person.
EFFECTIVE DATE.
This section is effective August 1, 2010.
Sec. 18. Minnesota
Statutes 2008, section 260C.317, subdivision 4, is amended to read:
Subd. 4. Rights of terminated parent. Upon entry of an order terminating the
parental rights of any person who is identified as a parent on the original
birth record of the child as to whom the parental rights are terminated, the
court shall cause written notice to be made to that person setting forth:
(1) the right of the person to file at any time with the
state registrar of vital statistics a consent to disclosure, as defined in
section 144.212, subdivision 11; and
(2) the right of the person to file at any time with the
state registrar of vital statistics an affidavit stating that the information
on the original birth record shall not be disclosed as provided in section 144.2252
144.2253; and.
(3) the effect of a failure to file either a consent to
disclosure, as defined in section 144.212, subdivision 11, or an affidavit
stating that the information on the original birth record shall not be
disclosed.
EFFECTIVE DATE.
This section is effective August 1, 2010.
Sec. 19. REPEALER.
(a) Minnesota Statutes 2008, sections 259.83, subdivision 3;
and 259.89, subdivisions 2, 3, and 4, are repealed effective retroactively from
August 1, 2008.
(b) Minnesota Statutes 2008, section 62U.08, is repealed.
ARTICLE 6
HEALTH CARE PROGRAMS
Section 1. Minnesota
Statutes 2008, section 62J.692, subdivision 7, is amended to read:
Subd. 7. Transfers from the commissioner of human
services. (a) The amount
transferred according to section 256B.69, subdivision 5c, paragraph (a), clause
(1), shall be distributed by the commissioner annually to clinical medical
education programs that meet the qualifications of subdivision 3 based on the
formula in subdivision 4, paragraph (a). Of the amount transferred
according to section 256B.69, subdivision 5c, paragraph (a), clauses (1) to
(4), $21,714,000 must be distributed as follows:
(1) $2,157,000 by the commissioner to the University of
Minnesota Board of Regents for the purposes described in sections 137.38 to
137.40;
(2) $1,035,360 by the commissioner to the Hennepin County
Medical Center for clinical medical education;
(3) $17,400,000 by the commissioner to the University of
Minnesota Board of Regents for purposes of medical education;
(4) $1,121,640 by the commissioner to clinical medical
education dental innovation grants in accordance with subdivision 7a; and
(5) the remainder of the amount transferred according to
section 256B.69, subdivision 5c, paragraph (a), clauses (1) to (4), must be
distributed by the commissioner annually to clinical medical education programs
that meet the qualifications of subdivision 3 based on the formula in
subdivision 4, paragraph (a).
(b) Fifty percent of the amount transferred according to
section 256B.69, subdivision 5c, paragraph (a), clause (2), shall be
distributed by the commissioner to the University of Minnesota Board of Regents
for the purposes described in sections 137.38 to 137.40. Of the remaining amount transferred according
to section 256B.69, subdivision 5c, paragraph (a), clause (2), 24 percent of
the amount shall be distributed by the commissioner to the Hennepin County
Medical Center for clinical medical education.
The remaining 26 percent of the amount transferred shall be distributed
by the commissioner in accordance with subdivision 7a. If the federal approval is not obtained for
the matching funds under section 256B.69, subdivision 5c, paragraph (a), clause
(2), 100 percent of the amount transferred under this paragraph shall be distributed
by the commissioner to the University of Minnesota Board of Regents for the
purposes described in sections 137.38 to 137.40.
(c) The amount transferred according to section 256B.69,
subdivision 5c, paragraph (a), clauses (3) and (4), shall be distributed by the
commissioner upon receipt to the University of Minnesota Board of Regents for
the purposes of clinical graduate medical education.
Sec. 2. Minnesota
Statutes 2008, section 125A.744, subdivision 3, is amended to read:
Subd. 3. Implementation. Consistent with section 256B.0625, subdivision
26, school districts may enroll as medical assistance providers or
subcontractors and bill the Department of Human Services under the medical
assistance fee for service claims processing system for special education
services which are covered services under chapter 256B, which are provided in
the school setting for a medical assistance recipient, and for whom the
district has secured informed consent consistent with section 13.05,
subdivision 4, paragraph (d), and section 256B.77, subdivision 2, paragraph
(p), to bill for each type of covered service.
School districts shall be reimbursed by the commissioner of human
services for the federal share of individual education plan health-related
services that qualify for reimbursement by medical assistance, minus up to five
percent retained by the commissioner of human services for administrative costs,
not to exceed $350,000 per fiscal year.
The commissioner may withhold up to five percent of each payment to a
school district. Following the end of each
fiscal year, the commissioner shall settle up with each school district in
order to ensure that collections from each district for departmental
administrative costs are made on a pro rata basis according to federal earnings
for these services in each district. A
school district is not eligible to enroll as a home care provider or a personal
care provider organization for purposes of billing home care services under
sections 256B.0651 and 256B.0653 to 256B.0656 until the commissioner of human
services issues a bulletin instructing county public health nurses on how to
assess for the needs of eligible recipients during school hours. To use private duty nursing services or
personal care services at school, the recipient or responsible party must
provide written authorization in the care plan identifying the chosen provider
and the daily amount of services to be used at school.
Sec. 3. Minnesota
Statutes 2008, section 256.01, subdivision 2b, is amended to read:
Subd. 2b. Performance payments; performance
measurement. (a) The
commissioner shall develop and implement a pay-for-performance system to
provide performance payments to eligible medical groups and clinics that
demonstrate optimum care in serving individuals with chronic diseases who are
enrolled in health care programs administered by the commissioner under
chapters 256B, 256D, and 256L. The
commissioner may receive any federal matching money that is made available
through the medical assistance program for managed care oversight contracted
through vendors, including consumer surveys, studies, and external quality
reviews as required by the federal Balanced Budget Act of 1997, Code of Federal
Regulations, title 42, part 438-managed care, subpart E-external quality
review. Any federal money received for
managed care oversight is appropriated to the commissioner for this
purpose. The commissioner may expend the
federal money received in either year of the biennium.
(b) Effective July 1, 2008, or upon federal approval,
whichever is later, the commissioner shall develop and implement a patient
incentive health program to provide incentives and rewards to patients who are
enrolled in health care programs administered by the commissioner under
chapters 256B, 256D, and 256L, and who have agreed to and have met personal
health goals established with the patients' primary care providers to manage a
chronic disease or condition, including but not limited to diabetes, high blood
pressure, and coronary artery disease. The commissioner, in consultation
with the Health and Human Services Policy Committee, shall develop and provide
to the legislature by December 15, 2009, a methodology and any draft
legislation necessary to allow for the release, upon request, of summary data
as defined in section 13.02, subdivision 19, on claims and utilization for
medical assistance, general assistance medical care, and MinnesotaCare
enrollees at no charge to the University of Minnesota Medical School, the Mayo
Medical School, Northwestern Health Sciences University, the Institute for
Clinical Systems Improvement, and other research institutions, to conduct
analyses of health care outcomes and treatment effectiveness, provided the
research institutions do not release private or nonpublic data, or data for
which dissemination is prohibited by law.
Sec. 4. Minnesota
Statutes 2008, section 256.01, is amended by adding a subdivision to read:
Subd. 18a. Public Assistance Reporting Information System. (a) Effective October 1, 2009, the
commissioner shall comply with the federal requirements in Public Law 110-379
in implementing the Public Assistance Reporting Information System (PARIS) to
determine eligibility for all individuals applying for:
(1) health care benefits under chapters 256B, 256D, and 256L;
and
(2) public benefits under chapters 119B, 256D, 256I, and the
supplemental nutrition assistance program.
(b) The commissioner shall determine eligibility under
paragraph (a) by performing data matches, including matching with medical
assistance, cash, child care, and supplemental assistance programs operated by
other states.
EFFECTIVE DATE.
This section is effective October 1, 2009.
Sec. 5. Minnesota
Statutes 2008, section 256.962, subdivision 2, is amended to read:
Subd. 2. Outreach grants. (a) The commissioner shall award grants to
public and private organizations, regional collaboratives, and regional health
care outreach centers for outreach activities, including, but not limited to:
(1) providing information, applications, and assistance in
obtaining coverage through Minnesota public health care programs;
(2) collaborating with public and private entities such as
hospitals, providers, health plans, legal aid offices, pharmacies, insurance
agencies, and faith-based organizations to develop outreach activities and partnerships
to ensure the distribution of information and applications and provide
assistance in obtaining coverage through Minnesota health care programs; and
(3) providing or collaborating with public and private
entities to provide multilingual and culturally specific information and
assistance to applicants in areas of high uninsurance in the state or
populations with high rates of uninsurance; and
(4) targeting geographic areas with high rates of (i)
eligible but unenrolled children, including children who reside in rural areas,
or (ii) racial and ethnic minorities and health disparity populations.
(b) The commissioner shall ensure that all outreach materials
are available in languages other than English.
(c) The commissioner shall establish an outreach trainer
program to provide training to designated individuals from the community and
public and private entities on application assistance in order for these
individuals to provide training to others in the community on an as-needed
basis.
Sec. 6. Minnesota
Statutes 2008, section 256.962, subdivision 6, is amended to read:
Subd. 6. School districts and charter schools. (a) At the beginning of each school year, a
school district or charter school shall provide information to each
student on the availability of health care coverage through the Minnesota
health care programs and how to obtain an application for the Minnesota
health care programs.
(b) For each child who is determined to be eligible for
the free and reduced-price school lunch program, the district shall provide the
child's family with information on how to obtain an application for the
Minnesota health care programs and application assistance.
(c)
A school district or charter school shall also ensure that
applications and information on application assistance are available at early
childhood education sites and public schools located within the district's
jurisdiction.
(d) (c) Each
district shall designate an enrollment specialist to provide application
assistance and follow-up services with families who have indicated an interest
in receiving information or an application for the Minnesota health care
program. A district is eligible for the
application assistance bonus described in subdivision 5.
(e) Each (d) If a school district or charter school maintains a
district Web site, the school district or charter school shall provide on their
its Web site a link to information on how to obtain an application and
application assistance.
Sec. 7. Minnesota
Statutes 2008, section 256.963, is amended by adding a subdivision to read:
Subd. 3. Urgent dental care services.
The commissioner of human services shall authorize pilot projects to
reduce the total costs to the state for dental services provided to persons
enrolled in Minnesota health care programs by reducing hospital emergency room
costs for preventable and nonemergency dental services. The commissioner may provide start-up funding
and establish special payment rates for urgent dental care services provided as
an alternative to emergency room services and may change or waive existing
payment policies in order to adequately reimburse providers for providing
cost-effective alternative services in outpatient or urgent care settings. The commissioner may establish a project in
conjunction with the initiative authorized under subdivisions 1 and 2, or
establish new initiatives, or may implement both approaches.
Sec. 8. Minnesota
Statutes 2008, section 256.969, subdivision 3a, is amended to read:
Subd. 3a. Payments. (a) Acute care hospital billings under the
medical assistance program must not be submitted until the recipient is
discharged. However, the commissioner
shall establish monthly interim payments for inpatient hospitals that have individual
patient lengths of stay over 30 days regardless of diagnostic category. Except as provided in section 256.9693,
medical assistance reimbursement for treatment of mental illness shall be
reimbursed based on diagnostic classifications.
Individual hospital payments established under this section and sections
256.9685, 256.9686, and 256.9695, in addition to third party and recipient
liability, for discharges occurring during the rate year shall not exceed, in
aggregate, the charges for the medical assistance covered inpatient services paid
for the same period of time to the hospital.
This payment limitation shall be calculated separately for medical
assistance and general assistance medical care services. The limitation on general assistance medical
care shall be effective for admissions occurring on or after July 1, 1991. Services that have rates established under
subdivision 11 or 12, must be limited separately from other services. After consulting with the affected hospitals,
the commissioner may consider related hospitals one entity and may merge the
payment rates while maintaining separate provider numbers. The operating and property base rates per
admission or per day shall be derived from the best Medicare
and claims data available when rates are established. The commissioner shall determine the best
Medicare and claims data, taking into consideration variables of recency of the
data, audit disposition, settlement status, and the ability to set rates in a
timely manner. The commissioner shall
notify hospitals of payment rates by December 1 of the year preceding the rate
year. The rate setting data must reflect
the admissions data used to establish relative values. Base year changes from 1981 to the base year
established for the rate year beginning January 1, 1991, and for subsequent
rate years, shall not be limited to the limits ending June 30, 1987, on the
maximum rate of increase under subdivision 1.
The commissioner may adjust base year cost, relative value, and case mix
index data to exclude the costs of services that have been discontinued by the
October 1 of the year preceding the rate year or that are paid separately from
inpatient services. Inpatient stays that
encompass portions of two or more rate years shall have payments established
based on payment rates in effect at the time of admission unless the date of
admission preceded the rate year in effect by six months or more. In this case, operating payment rates for
services rendered during the rate year in effect and established based on the
date of admission shall be adjusted to the rate year in effect by the hospital
cost index.
(b) For fee-for-service admissions occurring on or after July
1, 2002, the total payment, before third-party liability and spenddown, made to
hospitals for inpatient services is reduced by .5 percent from the current
statutory rates.
(c) In addition to the reduction in paragraph (b), the total
payment for fee-for-service admissions occurring on or after July 1, 2003, made
to hospitals for inpatient services before third-party liability and spenddown,
is reduced five percent from the current statutory rates. Mental health services within diagnosis
related groups 424 to 432, and facilities defined under subdivision 16 are
excluded from this paragraph.
(d) In addition to the reduction in paragraphs (b) and (c),
the total payment for fee-for-service admissions occurring on or after July 1,
2005, made to hospitals for inpatient services before third-party liability and
spenddown, is reduced 6.0 percent from the current statutory rates. Mental health services within diagnosis
related groups 424 to 432 and facilities defined under subdivision 16 are
excluded from this paragraph.
Notwithstanding section 256.9686, subdivision 7, for purposes of this
paragraph, medical assistance does not include general assistance medical
care. Payments made to managed care
plans shall be reduced for services provided on or after January 1, 2006, to
reflect this reduction.
(e) In addition to the reductions in paragraphs (b), (c), and
(d), the total payment for fee-for-service admissions occurring on or after
July 1, 2008, through June 30, 2009, made to hospitals for inpatient services
before third-party liability and spenddown, is reduced 3.46 percent from the
current statutory rates. Mental health
services with diagnosis related groups 424 to 432 and facilities defined under
subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be
reduced for services provided on or after January 1, 2009, through June 30,
2009, to reflect this reduction.
(f) In addition to the reductions in paragraphs (b), (c), and
(d), the total payment for fee-for-service admissions occurring on or after
July 1, 2009, through June 30, 2010, made to hospitals for inpatient services
before third-party liability and spenddown, is reduced 1.9 percent from the
current statutory rates. Mental health
services with diagnosis related groups 424 to 432 and facilities defined under
subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be
reduced for services provided on or after July 1, 2009, through June 30, 2010,
to reflect this reduction.
(g) In addition to the reductions in paragraphs (b), (c), and
(d), the total payment for fee-for-service admissions occurring on or after July
1, 2010, made to hospitals for inpatient services before third-party liability
and spenddown, is reduced 1.79 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from
this paragraph. Payments made to managed
care plans shall be reduced for services provided on or after July 1, 2010, to
reflect this reduction.
(h) In addition to the reductions in paragraphs (b), (c), (d),
(f), and (g), the total payment for fee-for-service admissions occurring on or
after July 1, 2009, made to hospitals for inpatient services before third-party
liability and spenddown, is reduced 3.0 percent from the current statutory
rates. Facilities defined under
subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be
reduced for services provided on or after January 1, 2010, to reflect this
reduction.
(i) In addition to the reductions in paragraphs (b) and (h),
the total payment for fee-for-service admissions occurring on or after July 1,
2009, made to hospitals for mental health services within diagnosis-related
groups 424 to 432 before third-party liability and spenddown, is reduced 5.2
percent from the current statutory rates.
Facilities defined under subdivision 16 are excluded from this
paragraph. Payments made to managed care
plans shall be reduced for services provided on or after January 1, 2010, to
reflect this reduction.
Sec. 9. Minnesota
Statutes 2008, section 256B.056, subdivision 3, is amended to read:
Subd. 3. Asset limitations for individuals and
families. To be eligible for medical
assistance, a person must not individually own more than $3,000 in assets, or
if a member of a household with two family members, husband and wife, or parent
and child, the household must not own more than $6,000 in assets, plus $200 for
each additional legal dependent. In
addition to these maximum amounts, an eligible individual or family may accrue
interest on these amounts, but they must be reduced to the maximum at the time
of an eligibility redetermination. The
accumulation of the clothing and personal needs allowance according to section
256B.35 must also be reduced to the maximum at the time of the eligibility
redetermination. The value of assets
that are not considered in determining eligibility for medical assistance is
the value of those assets excluded under the supplemental security income
program for aged, blind, and disabled persons, with the following exceptions:
(1) household goods and personal effects are not considered;
(2) capital and operating assets of a trade or business that
the local agency determines are necessary to the person's ability to earn an
income are not considered. A bank
account that contains personal income or assets, or is used to pay personal
expenses, is not considered a capital or operating asset of a trade or business;
(3) motor vehicles are excluded to the same extent excluded by
the supplemental security income program;
(4) assets designated as burial expenses are excluded to the
same extent excluded by the supplemental security income program. Burial expenses funded by annuity contracts
or life insurance policies must irrevocably designate the individual's estate
as contingent beneficiary to the extent proceeds are not used for payment of
selected burial expenses; and
(5) effective upon federal approval, for a person who no
longer qualifies as an employed person with a disability due to loss of
earnings, assets allowed while eligible for medical assistance under section
256B.057, subdivision 9, are not considered for 12 months, beginning with the
first month of ineligibility as an employed person with a disability, to the
extent that the person's total assets remain within the allowed limits of
section 256B.057, subdivision 9, paragraph (c).
The
assets specified in clause (2) must be disclosed to the local agency at the
time of application and at the time of an eligibility redetermination, and must
be verified upon request of the local agency.
EFFECTIVE DATE.
This section is effective January 1, 2011, or upon federal approval,
whichever is later.
Sec. 10. Minnesota
Statutes 2008, section 256B.056, subdivision 3b, is amended 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 a developmental disability
living in an intermediate care facility for persons with developmental
disabilities; 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) Except as
provided in paragraphs (c) and (d), trusts established after August 10,
1993, are treated according to section 13611(b) of the Omnibus Budget
Reconciliation Act of 1993 (OBRA), Public Law 103-66.
(c) For purposes
of paragraph (d), a pooled trust means a trust established under United States
Code, title 42, section 1396p(d)(4)(C).
(d) A
beneficiary's interest in a pooled trust is considered an available asset
unless the trust provides that upon the death of the beneficiary or termination
of the trust during the beneficiary's lifetime, whichever is sooner, the
department receives any amount in excess of reasonable administrative fees
remaining in the beneficiary's trust account up to the amount of medical
assistance benefits paid on behalf of the beneficiary under the state medical
assistance plan. The trust may provide
the nonprofit trustee, prior to payment to the state:
(1) reimbursement
of reasonable expenses incurred by the trustee on behalf of the beneficiary
which are subject to reimbursement under the terms of the trust; and
(2) reimbursement
of reasonable administrative costs and fees.
A remainder
interest may be retained by the nonprofit trustee that does not exceed five
percent of the remaining balance in the trust account upon the death of the
beneficiary or the termination of the trust, and must only be used for the
benefit of disabled individuals who have a beneficial interest in the pooled
trust.
EFFECTIVE DATE. This section is effective
for pooled trust accounts established on or after January 1, 2011.
Sec. 11. Minnesota Statutes 2008, section 256B.056,
subdivision 3c, is amended to read:
Subd. 3c. Asset
limitations for families and children.
A household of two or more persons must not own more than $20,000 in
total net assets, and a household of one person must not own more than $10,000
in total net assets. In addition to
these maximum amounts, an eligible individual or family may accrue interest on
these amounts, but they must be reduced to the maximum at the time of an
eligibility redetermination. The value
of assets that are not considered in determining eligibility for medical
assistance for families and children is the value of those assets excluded
under the AFDC state plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public
Law 104-193, with the following exceptions:
(1) household goods
and personal effects are not considered;
(2) capital and
operating assets of a trade or business up to $200,000 are not considered,
except that a bank account that contains personal income or assets, or is used
to pay personal expenses, is not considered a capital or operating asset of a
trade or business;
(3) one motor vehicle
is excluded for each person of legal driving age who is employed or seeking
employment;
(4) one burial plot
and all other burial expenses equal to the supplemental security income program
asset limit are not considered for each individual;
(5) court-ordered settlements up to $10,000 are not
considered;
(6) individual retirement accounts and funds are not
considered; and
(7) assets owned by children are not considered.
The
assets specified in clause (2) must be disclosed to the local agency at the
time of application and at the time of an eligibility redetermination, and must
be verified upon request of the local agency.
EFFECTIVE DATE.
This section is effective January 1, 2011, or upon federal approval,
whichever is later.
Sec. 12. Minnesota
Statutes 2008, section 256B.056, is amended by adding a subdivision to read:
Subd. 10a. Presumptive eligibility.
Medical assistance is available during a presumptive period of
eligibility that meets the requirements of United States Code, title 42,
section 1396r-1a. Presumptive
eligibility shall be determined by the state or local agency for children under
age 19 who appear to meet income requirements of section 256B.057, subdivisions
1, 2, and 8, on the basis of preliminary information. The presumptive period begins on the first
day of the month in which presumptive eligibility is determined. The agency must provide notice of presumptive
eligibility and information on the procedures for completing the eligibility
process. The presumptive period ends on
the earlier of the date of the determination for medical assistance
eligibility, or the last day of the month following the presumptive eligibility
determination if a complete application with requested verifications is not
submitted by that date. Enrollees who
are terminated for failure to complete an application or provide verifications
cannot be granted presumptive eligibility again for 12 months.
EFFECTIVE DATE.
This section is effective January 1, 2010, or upon federal approval,
whichever is later.
Sec. 13. Minnesota
Statutes 2008, section 256B.057, subdivision 3, is amended to read:
Subd. 3. Qualified Medicare beneficiaries. A person who is entitled to Part A Medicare
benefits, whose income is equal to or less than 100 percent of the federal
poverty guidelines, and whose assets are no more than $10,000 for a single
individual and $18,000 for a married couple or family of two or more the
maximum resource level applied for the year for an individual or an individual
and the individual's spouse according to United States Code, title 42, section
1396d(p)(1)(C), is eligible for medical assistance reimbursement of Part A
and Part B premiums, Part A and Part B coinsurance and deductibles, and
cost-effective premiums for enrollment with a health maintenance organization
or a competitive medical plan under section 1876 of the Social Security
Act. Reimbursement of the Medicare
coinsurance and deductibles, when added to the amount paid by Medicare, must
not exceed the total rate the provider would have received for the same service
or services if the person were a medical assistance recipient with Medicare
coverage. Increases in benefits under
Title II of the Social Security Act shall not be counted as income for purposes
of this subdivision until July 1 of each year.
EFFECTIVE DATE.
This section is effective January 1, 2012.
Sec. 14. Minnesota
Statutes 2008, section 256B.057, subdivision 9, is amended to read:
Subd. 9. Employed persons with disabilities. (a) Medical assistance may be paid for a
person who is employed and who:
(1) meets the definition of disabled under the supplemental
security income program;
(2) is at least 16 but less than 65 years of age;
(3) meets the asset limits in paragraph (c); and
(4) effective November 1, 2003, pays a premium and other
obligations under paragraph (e).
Any
spousal income or assets shall be disregarded for purposes of eligibility and
premium determinations.
(b) After the month of enrollment, a person enrolled in
medical assistance under this subdivision who:
(1) is temporarily unable to work and without receipt of earned
income due to a medical condition, as verified by a physician, may retain
eligibility for up to four calendar months; or
(2) effective January 1, 2004, loses employment for reasons
not attributable to the enrollee, may retain eligibility for up to four
consecutive months after the month of job loss.
To receive a four-month extension, enrollees must verify the medical
condition or provide notification of job loss.
All other eligibility requirements must be met and the enrollee must pay
all calculated premium costs for continued eligibility.
(c) For purposes of determining eligibility under this
subdivision, a person's assets must not exceed $20,000, excluding:
(1) all assets excluded under section 256B.056;
(2) retirement accounts, including individual accounts,
401(k) plans, 403(b) plans, Keogh plans, and pension plans; and
(3) medical expense accounts set up through the person's
employer.
(d)(1) Effective January 1, 2004, for purposes of
eligibility, there will be a $65 earned income disregard. To be eligible, a person applying for medical
assistance under this subdivision must have earned income above the disregard
level.
(2) Effective January 1, 2004, to be considered earned
income, Medicare, Social Security, and applicable state and federal income
taxes must be withheld. To be eligible,
a person must document earned income tax withholding.
(e)(1) A person whose earned and unearned income is equal to
or greater than 100 percent of federal poverty guidelines for the applicable
family size must pay a premium to be eligible for medical assistance under this
subdivision. The premium shall be based
on the person's gross earned and unearned income and the applicable family size
using a sliding fee scale established by the commissioner, which begins at one
percent of income at 100 percent of the federal poverty guidelines and
increases to 7.5 percent of income for those with incomes at or above 300
percent of the federal poverty guidelines.
Annual adjustments in the premium schedule based upon changes in the
federal poverty guidelines shall be effective for premiums due in July of each
year.
(2) Effective January 1, 2004, all enrollees must pay a
premium to be eligible for medical assistance under this subdivision. An enrollee shall pay the greater of a $35
$50 premium or the premium calculated in clause (1).
(3) Effective November 1, 2003, all enrollees who receive
unearned income must pay one-half of one 2.5 percent of unearned
income in addition to the premium amount.
(4) Effective November 1, 2003, for enrollees whose income
does not exceed 200 percent of the federal poverty guidelines and who are also
enrolled in Medicare, the commissioner must reimburse the enrollee for Medicare
Part B premiums under section 256B.0625, subdivision 15, paragraph (a).
(5) Increases in benefits under title II of the Social
Security Act shall not be counted as income for purposes of this subdivision
until July 1 of each year.
(f) A person's eligibility and premium shall be determined by
the local county agency. Premiums must
be paid to the commissioner. All
premiums are dedicated to the commissioner.
(g) Any required premium shall be determined at application
and redetermined at the enrollee's six-month income review or when a change in
income or household size is reported.
Enrollees must report any change in income or household size within ten
days of when the change occurs. A
decreased premium resulting from a reported change in income or household size
shall be effective the first day of the next available billing month after the
change is reported. Except for changes
occurring from annual cost-of-living increases, a change resulting in an
increased premium shall not affect the premium amount until the next six-month
review.
(h) Premium payment is due upon notification from the
commissioner of the premium amount required.
Premiums may be paid in installments at the discretion of the
commissioner.
(i) Nonpayment of the premium shall result in denial or
termination of medical assistance unless the person demonstrates good cause for
nonpayment. Good cause exists if the
requirements specified in Minnesota Rules, part 9506.0040, subpart 7, items B
to D, are met. Except when an installment
agreement is accepted by the commissioner, all persons disenrolled for
nonpayment of a premium must pay any past due premiums as well as current
premiums due prior to being reenrolled.
Nonpayment shall include payment with a returned, refused, or dishonored
instrument. The commissioner may require
a guaranteed form of payment as the only means to replace a returned, refused,
or dishonored instrument.
EFFECTIVE DATE.
This section is effective January 1, 2011.
Sec. 15. Minnesota
Statutes 2008, section 256B.057, is amended by adding a subdivision to read:
Subd. 11. Treatment for colorectal cancer. (a) State-only funded medical assistance
may be paid for an individual who:
(1) has been screened for colorectal cancer by the colorectal
cancer prevention demonstration project;
(2) according to the individual's treating health
professional, needs treatment for colorectal cancer;
(3) meets income eligibility guidelines for the colorectal
cancer prevention demonstration project;
(4) is under the age of 65; and
(5) is not otherwise eligible for federally funded medical assistance
or covered under creditable coverage as defined under United States Code, title
42, section 1396a(aa).
(b) Medical assistance provided under this subdivision shall
be limited to services provided during the period that the individual receives
treatment for colorectal cancer.
(c) An individual meeting the criteria in paragraph (a) is
eligible for state-only funded medical assistance without meeting the
eligibility criteria relating to income and assets in section 256B.056,
subdivisions 1a to 5b.
Sec. 16. Minnesota
Statutes 2008, section 256B.0575, is amended to read:
256B.0575 AVAILABILITY OF INCOME FOR
INSTITUTIONALIZED PERSONS.
Subdivision 1. Income deductions.
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 to the extent that
the deduction is not included in the personal needs allowance under section 256B.35,
subdivision 1, as child support garnished under a court order;
(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;
(8) all other exclusions from income for institutionalized
persons as mandated by federal law; and
(9) amounts for reasonable expenses, as specified in
subdivision 2, incurred for necessary medical or remedial care for the
institutionalized person that are recognized under state law, not
medical assistance covered expenses, and that are not subject to
payment by a third party.
Reasonable expenses are limited to expenses that have not been
previously used as a deduction from income and are incurred during the
enrollee's current period of eligibility, including retroactive months
associated with the current period of eligibility, for medical assistance
payment of long-term care services.
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.
Subd. 2. Reasonable expenses. (a)
For the purposes of subdivision 1, paragraph (a), clause (9), reasonable
expenses are limited to expenses that have not been previously used as a
deduction from income and were not:
(1) for long-term care expenses incurred during a period of
ineligibility as defined in section 256B.0595, subdivision 2;
(2) incurred more than three months before the month of
application associated with the current period of eligibility;
(3) for expenses incurred by a recipient that are duplicative
of services that are covered under chapter 256B; or
(4) nursing facility expenses incurred without a timely
assessment as required under section 256B.0911.
Sec. 17. Minnesota
Statutes 2008, 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 an institutionalized person or the institutionalized
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 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 after August 10, 1993, an
institutionalized person, an institutionalized 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 institutionalized person
or institutionalized 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. This applies to
all transfers, including those made by a community spouse after the month in
which the institutionalized spouse is determined eligible for medical
assistance. For purposes of determining
eligibility for long-term care services, any transfer of such assets within 36
months before or any time after an institutionalized person requests medical
assistance payment of long-term care services, or 36 months before or any time
after a medical assistance recipient becomes an institutionalized person, 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
institutionalized person is ineligible for long-term care services for the
period of time determined under subdivision 2, unless the institutionalized
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. In the case of
payments from a trust or portions of a trust that are considered transfers of
assets under federal law, or in the case of any other disposal of assets made
on or after February 8, 2006, any transfers made within 60 months before or any
time after an institutionalized person requests medical assistance payment of
long-term care services and within 60 months before or any time after a medical
assistance recipient becomes an institutionalized person, 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 institutionalized person or the
institutionalized person's spouse is entitled but does not
receive due to action by the institutionalized person, the
institutionalized 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 institutionalized person or the institutionalized
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 an institutionalized person, an institutionalized 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
institutionalized person or the institutionalized person's spouse, transfers to
any annuity that exceeds the value of the benefit likely to be returned to the
institutionalized person or institutionalized person's spouse while alive,
based on estimated life expectancy as determined according to the current
actuarial tables published by the Office of the Chief Actuary of the Social
Security Administration. The
commissioner may adopt rules reducing life expectancies based on the need for
long-term care. This section applies to
an annuity purchased on or after March 1, 2002, that:
(1) is not purchased from an insurance company or financial
institution that is subject to licensing or regulation by the Minnesota
Department of Commerce or a similar regulatory agency of another state;
(2) does not pay out principal and interest in equal monthly
installments; or
(3) does not begin payment at the earliest possible date
after annuitization.
(f) Effective for transactions, including the purchase of an
annuity, occurring on or after February 8, 2006, by or on behalf of an
institutionalized person who has applied for or is receiving long-term care
services or the institutionalized person's spouse shall be treated as the
disposal of an asset for less than fair market value unless the department is
named a preferred remainder beneficiary as described in section 256B.056,
subdivision 11. Any subsequent change to
the designation of the department as a preferred remainder beneficiary shall
result in the annuity being treated as a disposal of assets for less than fair
market value. The amount of such
transfer shall be the maximum amount the institutionalized person or the
institutionalized person's spouse could receive from the annuity or similar
financial instrument. Any change in the
amount of the income or principal being withdrawn from the annuity or other
similar financial instrument at the time of the most recent disclosure shall be
deemed to be a transfer of assets for less than fair market value unless the
institutionalized person or the institutionalized person's spouse demonstrates
that the transaction was for fair market value.
In the event a distribution of income or principal has been improperly
distributed or disbursed from an annuity or other retirement planning
instrument of an institutionalized person or the institutionalized person's
spouse, a cause of action exists against the individual receiving the improper
distribution for the cost of medical assistance services provided or the amount
of the improper distribution, whichever is less.
(g) Effective for transactions, including the purchase of an
annuity, occurring on or after February 8, 2006, by or on behalf of an
institutionalized person applying for or receiving long-term care services
shall be treated as a disposal of assets for less than fair market value unless
it is:
(i) an annuity described in subsection (b) or (q) of section
408 of the Internal Revenue Code of 1986; or
(ii) purchased with proceeds from:
(A) an account or trust described in subsection (a), (c), or
(p) of section 408 of the Internal Revenue Code;
(B) a simplified employee pension within the meaning of
section 408(k) of the Internal Revenue Code; or
(C) a Roth IRA described in section 408A of the Internal
Revenue Code; or
(iii) an annuity that is irrevocable and nonassignable; is
actuarially sound as determined in accordance with actuarial publications of
the Office of the Chief Actuary of the Social Security Administration; and
provides for payments in equal amounts during the term of the annuity, with no
deferral and no balloon payments made.
(h) 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 developmental
disabilities, and home and community-based services provided pursuant to 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 developmental disabilities or who is receiving home and community-based
services under sections 256B.0915, 256B.092, and 256B.49.
(i) This section applies to funds used to purchase a
promissory note, loan, or mortgage unless the note, loan, or mortgage:
(1) has a repayment term that is actuarially sound;
(2) provides for payments to be made in equal amounts during
the term of the loan, with no deferral and no balloon payments made; and
(3) prohibits the cancellation of the balance upon the death
of the lender.
In the case of a promissory note, loan, or mortgage that does
not meet an exception in clauses (1) to (3), the value of such note, loan, or
mortgage shall be the outstanding balance due as of the date of the
institutionalized person's request for medical assistance payment of long-term
care services.
(j) This section applies to the purchase of a life estate
interest in another person's home unless the purchaser resides in the home for
a period of at least one year after the date of purchase.
(k) This section applies to transfers into a pooled trust
that qualifies under United States Code, title 42, section 1396p(d)(4)(C), by:
(1) a person age 65 or older or the person's spouse; or
(2) 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 a person age 65 or older or the person's spouse.
Sec. 18. Minnesota
Statutes 2008, section 256B.0595, subdivision 2, is amended to read:
Subd. 2. Period of ineligibility for long-term
care services. (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 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 after August 10, 1993,
the number of months of ineligibility for 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. 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
first day of the month after 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 on the first day of
the month after the month in which the first uncompensated transfer was
made. If the transfer was reported to
the local agency after the date that advance notice of a period of
ineligibility that affects the next month could be provided to the recipient
and the recipient received medical assistance services or the transfer was not
reported to the local agency, and the applicant or recipient 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 that portion of long-term care services provided during the period of
ineligibility, or for the uncompensated amount of the transfer, whichever is
less. 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. Effective for transfers made on or after
March 1, 1996, involving persons who apply for medical assistance on or after
April 13, 1996, no cause of action exists for a transfer unless:
(1) the transferee knew or should have known that the
transfer was being made by a person who was a resident of a long-term care
facility or was receiving that level of care in the community at the time of
the transfer;
(2) the transferee knew or should have known that the
transfer was being made to assist the person to qualify for or retain medical
assistance eligibility; or
(3) the transferee actively solicited the transfer with
intent to assist the person to qualify for or retain eligibility for medical
assistance.
(c) For uncompensated transfers made on or after February 8,
2006, the period of ineligibility:
(1) for uncompensated transfers by or on behalf of
individuals receiving medical assistance payment of long-term care services,
begins the first day of the month following advance notice of the penalty
period of ineligibility, but no later than the first day of the month
that follows three full calendar months from the date of the report or
discovery of the transfer; or
(2) for uncompensated transfers by individuals requesting
medical assistance payment of long-term care services, begins the date on which
the individual is eligible for medical assistance under the Medicaid state plan
and would otherwise be receiving long-term care services based on an approved
application for such care but for the application of the penalty period
of ineligibility resulting from the uncompensated transfer; and
(3) cannot begin during any other period of ineligibility.
(d) If a calculation of a penalty period of
ineligibility results in a partial month, payments for long-term care
services shall be reduced in an amount equal to the fraction.
(e) In the case of multiple fractional transfers of assets in
more than one month for less than fair market value on or after February 8,
2006, the period of ineligibility is calculated by treating the total,
cumulative, uncompensated value of all assets transferred during all months on
or after February 8, 2006, as one transfer.
(f) A period of ineligibility established under paragraph (c)
may be eliminated if all of the assets transferred for less than fair market
value used to calculate the period of ineligibility, or cash equal to the value
of the assets at the time of the transfer, are returned within 12 months after
the date the period of ineligibility began.
A period of ineligibility must not be adjusted if less than the full amount
of the transferred assets or the full cash value of the transferred assets are
returned.
EFFECTIVE DATE.
This section is effective for periods of ineligibility established on
or after January 1, 2011.
Sec. 19. Minnesota
Statutes 2008, section 256B.06, subdivision 4, is amended to read:
Subd. 4. Citizenship requirements. (a) Eligibility for medical assistance is
limited to citizens of the United States, qualified noncitizens as defined in
this subdivision, and other persons residing lawfully in the United States. Citizens or nationals of the United States
must cooperate in obtaining satisfactory documentary evidence of citizenship or
nationality according to the requirements of the federal Deficit Reduction Act
of 2005, Public Law 109-171.
(b) "Qualified noncitizen" means a person who meets
one of the following immigration criteria:
(1) admitted for lawful permanent residence according to
United States Code, title 8;
(2) admitted to the United States as a refugee according to
United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title 8,
section 1158;
(4) granted withholding of deportation according to United
States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to
United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United
States Code, title 8, section 1153(a)(7);
(7) determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, title V of the Omnibus Consolidated
Appropriations Bill, Public Law 104-200;
(8) is a child of a noncitizen determined to be a battered
noncitizen by the United States Attorney General according to the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, title V, of the
Omnibus Consolidated Appropriations Bill, Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in
section 501(e) of Public Law 96-422, the Refugee Education Assistance Act of
1980.
(c) All qualified noncitizens who were residing in the United
States before August 22, 1996, who otherwise meet the eligibility requirements of
this chapter, are eligible for medical assistance with federal financial
participation.
(d) All qualified noncitizens who entered the United States on
or after August 22, 1996, and who otherwise meet the eligibility requirements
of this chapter, are eligible for medical assistance with federal financial
participation through November 30, 1996.
Beginning December 1, 1996, qualified noncitizens who entered
the United States on or after August 22, 1996, and who otherwise meet the
eligibility requirements of this chapter are eligible for medical assistance
with federal participation for five years if they meet one of the following
criteria:
(i) refugees admitted to the United States according to
United States Code, title 8, section 1157;
(ii) persons granted asylum according to United States Code,
title 8, section 1158;
(iii) persons granted withholding of deportation according to
United States Code, title 8, section 1253(h);
(iv) veterans of the United States armed forces with an
honorable discharge for a reason other than noncitizen status, their spouses
and unmarried minor dependent children; or
(v) persons on active duty in the United States armed forces,
other than for training, their spouses and unmarried minor dependent children.
Beginning December 1, 1996, qualified noncitizens who do not
meet one of the criteria in items (i) to (v) are eligible for medical
assistance without federal financial participation as described in paragraph
(j).
Notwithstanding paragraph (j), beginning July 1, 2010,
children and pregnant women who are qualified noncitizens, as described in
paragraph (b), are eligible for medical assistance with federal financial
participation as provided by the federal Children's Health Insurance Program
Reauthorization Act of 2009, Public Law 111-3.
(e) Noncitizens who are not qualified noncitizens as defined
in paragraph (b), who are lawfully present in the United States, as defined in
Code of Federal Regulations, title 8, section 103.12, and who otherwise meet
the eligibility requirements of this chapter, are eligible for medical
assistance under clauses (1) to (3).
These individuals must cooperate with the United States Citizenship and
Immigration Services to pursue any applicable immigration status, including
citizenship, that would qualify them for medical assistance with federal
financial participation.
(1) Persons who were medical assistance recipients on August
22, 1996, are eligible for medical assistance with federal financial
participation through December 31, 1996.
(2) Beginning January 1, 1997, persons described in clause
(1) are eligible for medical assistance without federal financial participation
as described in paragraph (j).
(3) Beginning December 1, 1996, persons residing in the
United States prior to August 22, 1996, who were not receiving medical
assistance and persons who arrived on or after August 22, 1996, are eligible
for medical assistance without federal financial participation as described in
paragraph (j).
(f) Nonimmigrants who otherwise meet the eligibility
requirements of this chapter are eligible for the benefits as provided in
paragraphs (g) to (i). For purposes of
this subdivision, a "nonimmigrant" is a person in one of the classes
listed in United States Code, title 8, section 1101(a)(15).
(g) Payment shall also be made for care and services that are
furnished to noncitizens, regardless of immigration status, who otherwise meet
the eligibility requirements of this chapter, if such care and services are
necessary for the treatment of an emergency medical condition, except for organ
transplants and related care and services and routine prenatal care.
(h) For purposes of this subdivision, the term
"emergency medical condition" means a medical condition that meets
the requirements of United States Code, title 42, section 1396b(v).
(i) Beginning July 1, 2009, pregnant noncitizens who
are undocumented, nonimmigrants, or eligible for medical assistance as
described in paragraph (j), lawfully present as designated in paragraph
(e) and who are not covered by a group health plan or health insurance
coverage according to Code of Federal Regulations, title 42, section 457.310,
and who otherwise meet the eligibility requirements of this chapter, are
eligible for medical assistance through the
period of pregnancy, including labor and delivery, and 60
days postpartum, to the extent federal funds are available under title XXI
of the Social Security Act, and the state children's health insurance program,
followed by 60 days postpartum without federal financial participation.
(j) Qualified noncitizens as described in paragraph (d), and
all other noncitizens lawfully residing in the United States as described in
paragraph (e), who are ineligible for medical assistance with federal financial
participation and who otherwise meet the eligibility requirements of chapter
256B and of this paragraph, are eligible for medical assistance without federal
financial participation. Qualified
noncitizens as described in paragraph (d) are only eligible for medical
assistance without federal financial participation for five years from their
date of entry into the United States.
(k) Beginning October 1, 2003, persons who are receiving care
and rehabilitation services from a nonprofit center established to serve victims
of torture and are otherwise ineligible for medical assistance under this
chapter are eligible for medical assistance without federal financial
participation. These individuals are
eligible only for the period during which they are receiving services from the
center. Individuals eligible under this
paragraph shall not be required to participate in prepaid medical assistance.
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec. 20. Minnesota
Statutes 2008, section 256B.06, subdivision 5, is amended to read:
Subd. 5. Deeming of sponsor income and resources. When determining eligibility for any federal
or state funded medical assistance under this section, the income and resources
of all noncitizens shall be deemed to include their sponsors' income and
resources as required under the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422,
and subsequently set out in federal rules.
This section is effective May 1, 1997.
Beginning July 1, 2010, sponsor deeming does not apply to pregnant
women and children who are qualified noncitizens, as described in section
256B.06, subdivision 4, paragraph (b).
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 21. Minnesota
Statutes 2008, section 256B.0625, subdivision 3c, is amended to read:
Subd. 3c. Health Services Policy Committee. (a) The commissioner, after receiving
recommendations from professional physician associations, professional
associations representing licensed nonphysician health care professionals, and
consumer groups, shall establish a 13-member Health Services Policy Committee,
which consists of 12 voting members and one nonvoting member. The Health Services Policy Committee shall
advise the commissioner regarding health services pertaining to the
administration of health care benefits covered under the medical assistance,
general assistance medical care, and MinnesotaCare programs. The Health Services Policy Committee shall
meet at least quarterly. The Health
Services Policy Committee shall annually elect a physician chair from among its
members, who shall work directly with the commissioner's medical director, to
establish the agenda for each meeting.
The Health Services Policy Committee shall also recommend criteria for
verifying centers of excellence for specific aspects of medical care where a
specific set of combined services, a volume of patients necessary to maintain a
high level of competency, or a specific level of technical capacity is
associated with improved health outcomes.
(b) The commissioner shall establish a dental subcommittee to
operate under the Health Services Policy Committee. The dental subcommittee consists of general
dentists, dental specialists, safety net providers, dental hygienists, health
plan company and county and public health representatives, health researchers,
consumers, and the Minnesota Department of Health oral health director. The dental subcommittee shall advise the
commissioner regarding:
(1) the critical access dental program under section 256B.76,
subdivision 4;
(2) any changes to the critical access dental provider
program necessary to comply with program expenditure limits;
(3) dental coverage policy based on evidence, quality,
continuity of care, and best practices;
(4) the development of dental delivery models; and
(5) dental services to be added or eliminated from
subdivision 9, paragraph (b).
(c) The Health Services Policy Committee shall study
approaches to making provider reimbursement under the medical assistance,
MinnesotaCare, and general assistance medical care programs contingent on
patient participation in a patient-centered decision-making process, and shall
evaluate the impact of these approaches on health care quality, patient satisfaction,
and health care costs. The committee
shall present findings and recommendations to the commissioner and the
legislative committees with jurisdiction over health care by January 15, 2010.
Sec. 22. Minnesota
Statutes 2008, section 256B.0625, subdivision 9, is amended to read:
Subd. 9. Dental services. (a) Medical assistance covers dental
services. Dental services include,
with prior authorization, fixed bridges that are cost-effective for persons who
cannot use removable dentures because of their medical condition.
(b) Medical assistance dental coverage for nonpregnant adults
is limited to the following services:
(1) comprehensive exams, limited to once every five years;
(2) periodic exams, limited to one per year;
(3) limited exams;
(4) bitewing x-rays, limited to one per year;
(5) periapical x-rays;
(6) panoramic x-rays, limited to one every five years, and
only if provided in conjunction with a posterior extraction or scheduled
outpatient facility procedure, or as medically necessary for the diagnosis and
follow-up of oral and maxillofacial pathology and trauma. Panoramic x-rays may be taken once every two
years for patients who cannot cooperate for intraoral film due to a
developmental disability or medical condition that does not allow for intraoral
film placement;
(7) prophylaxis, limited to one per year;
(8) application of fluoride varnish, limited to one per year;
(9) posterior fillings, all at the amalgam rate;
(10) anterior fillings;
(11) endodontics, limited to root canals on the anterior and
premolars only;
(12) removable prostheses, each dental arch limited to one
every six years;
(13) oral surgery, limited to extractions, biopsies, and
incision and drainage of abscesses;
(14) palliative treatment and sedative fillings for relief of
pain; and
(15) full-mouth debridement, limited to one every five years.
(c) In addition to the services specified in paragraph (b),
medical assistance covers the following services for adults, if provided in an
outpatient hospital setting or freestanding ambulatory surgical center as part
of outpatient dental surgery:
(1) periodontics, limited to periodontal scaling and root
planing once every two years;
(2) general anesthesia; and
(3) full-mouth survey once every five years.
(d) Medical assistance covers dental services for children
that are medically necessary. The
following guidelines apply:
(1) posterior fillings are paid at the amalgam rate;
(2) application of sealants once every five years per
permanent molar; and
(3) application of fluoride varnish once every six months.
EFFECTIVE DATE.
This section is effective January 1, 2010.
Sec. 23. Minnesota
Statutes 2008, section 256B.0625, subdivision 13e, is amended to read:
Subd. 13e. Payment rates. (a) 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; 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 amount of payment basis must be reduced to reflect all discount
amounts applied to the charge by any provider/insurer agreement or contract for
submitted charges to medical assistance programs. The net submitted charge may not be greater
than the patient liability for the service.
The pharmacy dispensing fee shall be $3.65, except that the dispensing
fee for intravenous solutions which must be compounded by the pharmacist shall
be $8 per bag, $14 per bag for cancer chemotherapy products, and $30 per bag
for total parenteral nutritional products dispensed in one liter quantities, or
$44 per bag for total parenteral nutritional products dispensed in quantities
greater than one liter. Actual acquisition
cost includes quantity and other special discounts except time and cash
discounts. Effective July 1, 2008, the
actual acquisition cost of a drug shall be estimated by the commissioner, at
average wholesale price minus 14 15 percent. The actual acquisition cost of antihemophilic
factor drugs shall be estimated at the average wholesale price minus 30
percent. 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.
(b) 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.
(c) Whenever a generically equivalent product is available,
payment shall be on the basis of the actual acquisition cost of the generic
drug, or on the maximum allowable cost established by the commissioner.
(d) The basis for determining the amount of payment for drugs
administered in an outpatient setting shall be the lower of the usual and
customary cost submitted by the provider or the amount established for Medicare
by the United States Department of Health and Human Services pursuant to title
XVIII, section 1847a of the federal Social Security Act.
(e) The commissioner may negotiate lower reimbursement rates
for specialty pharmacy products than the rates specified in paragraph (a). The commissioner may require individuals
enrolled in the health care programs administered by the department to obtain
specialty pharmacy products from providers with whom the commissioner has
negotiated lower reimbursement rates.
Specialty pharmacy products are defined as those used by a small number
of recipients or recipients with complex and chronic diseases that require
expensive and challenging drug regimens.
Examples of these conditions include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation,
hepatitis C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis,
and certain forms of cancer. Specialty
pharmaceutical products include injectable and infusion therapies,
biotechnology drugs, high-cost therapies, and therapies that require complex
care. The commissioner shall consult
with the formulary committee to develop a list of specialty pharmacy products
subject to this paragraph. In consulting
with the formulary committee in developing this list, the commissioner shall
take into consideration the population served by specialty pharmacy products,
the current delivery system and standard of care in the state, and access to
care issues. The commissioner shall have
the discretion to adjust the reimbursement rate to prevent access to care
issues.
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec. 24. Minnesota
Statutes 2008, 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 eligible persons in obtaining emergency or nonemergency
medical care when paid directly to an ambulance company, common carrier, or
other recognized providers of transportation services.
(b) Medical assistance covers special transportation, as
defined in Minnesota Rules, part 9505.0315, subpart 1, item F, if the recipient
has a physical or mental impairment that would prohibit the recipient from
safely accessing and using a bus, taxi, other commercial transportation, or
private automobile.
The
commissioner may use an order by the recipient's attending physician to certify
that the recipient requires special transportation services. Special transportation includes
driver-assisted service to eligible individuals. Driver-assisted service includes passenger pickup
at and return to the individual's residence or place of business, assistance
with admittance of the individual to the medical facility, and assistance in
passenger securement or in securing of wheelchairs or stretchers in the
vehicle. Special transportation
providers must obtain written documentation from the health care service
provider who is serving the recipient being transported, identifying the time
that the recipient arrived. Special
transportation providers may not bill for separate base rates for the
continuation of a trip beyond the original destination. Special transportation providers must take
recipients to the nearest appropriate health care provider, using the most
direct route available. The maximum
medical assistance reimbursement rates for special transportation services are:
(1) $17 for the base rate and $1.35 $1.65 per
mile for services to eligible persons who need a wheelchair-accessible van;
(2) $11.50 $8.50 for the base rate and $1.30
per mile for services to eligible persons who do not need a
wheelchair-accessible van; and
(3) $60 for the base rate and $2.40 per mile, and an
attendant rate of $9 per trip, for services to eligible persons who need a
stretcher-accessible vehicle.
Sec. 25. Minnesota
Statutes 2008, section 256B.0625, subdivision 26, is amended to read:
Subd. 26. Special education services. (a) Medical assistance covers medical
services identified in a recipient's individualized education plan and covered
under the medical assistance state plan.
Covered services include occupational therapy, physical therapy,
speech-language therapy, clinical psychological services, nursing services,
school psychological services, school social work services, personal care
assistants serving as management aides, assistive technology devices,
transportation services, health assessments, and other services covered under
the medical assistance state plan.
Mental health services eligible for medical assistance reimbursement
must be provided or coordinated through a children's mental health
collaborative where a collaborative exists if the child is included in the
collaborative operational target population.
The provision or coordination of services does not require that the
individual education plan be developed by the collaborative.
The services may be provided by a Minnesota school district
that is enrolled as a medical assistance provider or its subcontractor, and
only if the services meet all the requirements otherwise applicable if the
service had been provided by a provider other than a school district, in the
following areas: medical necessity,
physician's orders, documentation, personnel qualifications, and prior
authorization requirements. The
nonfederal share of costs for services provided under this subdivision is the responsibility
of the local school district as provided in section 125A.74. Services listed in a child's individual
education plan are eligible for medical assistance reimbursement only if those
services meet criteria for federal financial participation under the Medicaid
program.
(b) Approval of health-related services for inclusion in the
individual education plan does not require prior authorization for purposes of
reimbursement under this chapter. The
commissioner may require physician review and approval of the plan not more
than once annually or upon any modification of the individual education plan
that reflects a change in health-related services.
(c) Services of a speech-language pathologist provided under
this section are covered notwithstanding Minnesota Rules, part 9505.0390,
subpart 1, item L, if the person:
(1) holds a masters degree in speech-language pathology;
(2) is licensed by the Minnesota Board of Teaching as an
educational speech-language pathologist; and
(3) either has a certificate of clinical competence from the
American Speech and Hearing Association, has completed the equivalent
educational requirements and work experience necessary for the certificate or
has completed the academic program and is acquiring supervised work experience
to qualify for the certificate.
(d) Medical assistance coverage for medically necessary
services provided under other subdivisions in this section may not be denied
solely on the basis that the same or similar services are covered under this
subdivision.
(e) The commissioner shall develop and implement package
rates, bundled rates, or per diem rates for special education services under
which separately covered services are grouped together and billed as a unit in
order to reduce administrative complexity.
(f) The commissioner shall develop a cost-based payment
structure for payment of these services.
The commissioner shall reimburse claims submitted based on an interim
rate, and shall settle at a final rate once the department has determined it. The commissioner shall notify the school
district of the final rate. The school
district has 60 days to appeal the final rate.
To appeal the final rate, the school district shall file a written
appeal request to the commissioner within 60 days of the date the final rate
determination was mailed. The appeal
request shall specify (1) the disputed items and (2) the name and address of
the person to contact regarding the appeal.
(g) Effective July 1, 2000, medical assistance services
provided under an individual education plan or an individual family service
plan by local school districts shall not count against medical assistance
authorization thresholds for that child.
(h) Nursing services as defined in section 148.171,
subdivision 15, and provided as an individual education plan health-related
service, are eligible for medical assistance payment if they are otherwise a
covered service under the medical assistance program. Medical assistance covers the administration
of prescription medications by a licensed nurse who is employed by or under
contract with a school district when the administration of medications is
identified in the child's individualized education plan. The simple administration of medications alone
is not covered under medical assistance when administered by a provider other
than a school district or when it is not identified in the child's
individualized education plan.
Sec. 26. Minnesota
Statutes 2008, section 256B.0631, subdivision 1, is amended to read:
Subdivision 1. Co-payments. (a) Except as provided in subdivision 2, the
medical assistance benefit plan shall include the following co-payments for all
recipients, effective for services provided on or after October 1, 2003, and
before January 1, 2009 July 1, 2009:
(1) $3 per nonpreventive visit. For purposes of this subdivision, a visit
means an episode of service which is required because of a recipient's
symptoms, diagnosis, or established illness, and which is delivered in an
ambulatory setting by a physician or physician ancillary, chiropractor,
podiatrist, nurse midwife, advanced practice nurse, audiologist, optician, or
optometrist;
(2) $3 for eyeglasses;
(3) $6 for nonemergency visits to a hospital-based emergency
room; and
(4) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $12 per month maximum for prescription drug
co-payments. No co-payments shall apply
to antipsychotic drugs when used for the treatment of mental illness.
(b) Except as provided in subdivision 2, the medical
assistance benefit plan shall include the following co-payments for all
recipients, effective for services provided on or after January 1, 2009:
(1) $6 for nonemergency visits to a hospital-based emergency
room;
(2) (4) $3 per
brand-name drug prescription and $1 per generic drug prescription, subject to a
$7 per month maximum for prescription drug co-payments. No co-payments shall apply to antipsychotic
drugs when used for the treatment of mental illness; and
(3) (5) for
individuals identified by the commissioner with income at or below 100 percent
of the federal poverty guidelines, total monthly co-payments must not exceed
five percent of family income. For
purposes of this paragraph, family income is the total earned and unearned
income of the individual and the individual's spouse, if the spouse is enrolled
in medical assistance and also subject to the five percent limit on
co-payments.
(c) (b)
Recipients of medical assistance are responsible for all co-payments in
this subdivision.
Sec. 27. [256B.0755] PAYMENT REFORM DEMONSTRATION
PROJECT FOR SPECIAL PATIENT POPULATIONS.
Subdivision 1. Demonstration project.
(a) The commissioner of human services, in consultation with the
commissioner of health, shall establish a payment reform demonstration project
implementing an alternative payment system for health care providers serving an
identified group of patients who are enrolled in a state health care program,
and are either high utilizers of high-cost health care services or have
characteristics that put them at high risk of becoming high utilizers. The purpose of the demonstration project is
to implement and evaluate methods of reducing hospitalizations, emergency room
use, high-cost medications and specialty services, admissions to nursing
facilities, or use of long-term home and community-based services, in order to
reduce the total cost of care and services for the patients.
(b) The commissioner shall give the highest priority to
projects that will serve patients who have chronic medical conditions or
complex medical needs that are complicated by a physical disability, serious
mental illness, or serious socioeconomic factors such as poverty, homelessness,
or language or cultural barriers. The
commissioner shall also give the highest priority to providers or groups of
providers who have the highest concentrations of patients with these
characteristics.
(c) The commissioner must implement this payment reform
demonstration project in a manner consistent with the payment reform initiative
provided in sections 62U.02 to 62U.04.
(d) For purposes of this section, "state health care
program" means the medical assistance, MinnesotaCare, and general
assistance medical care programs.
Subd. 2. Participation. (a)
The commissioner shall request eligible providers or groups of providers to
submit a proposal to participate in the demonstration project by September 1,
2009. The providers who are interested
in participating shall negotiate with the commissioner to determine:
(1) the identified group of patients who are to be enrolled
in the program;
(2) the services that are to be included in the total cost of
care calculation;
(3) the methodology for calculating the total cost of care,
which may take into consideration the impact on costs to other state or local
government programs including, but not limited to, social services and income
maintenance programs;
(4) the time period to be covered under the bid;
(5) the implementation of a risk adjustment mechanism to
adjust for factors that are beyond the control of the provider including
nonclinical factors that will affect the cost or outcomes of treatment;
(6) the payment reforms and payment methods to be used under
the project, which may include but are not limited to adjustments in
fee-for-service payments, payment of care coordination fees, payments for
start-up and implementation costs to be recovered or repaid later in the
project, payments adjusted based on a provider's proportion of patients who are
enrolled in state health care programs; payments adjusted for the clinical or
socioeconomic complexity of the patients served, payment incentives tied to use
of inpatient and emergency room services, and periodic settle-up adjustments;
(7) methods of sharing financial risk and benefit between the
commissioner and the provider or groups of providers, which may include but are
not limited to stop-loss arrangements to cover high-cost outlier cases or costs
that are beyond the control of the provider, and risk-sharing and
benefit-sharing corridors; and
(8) performance and outcome benchmarks to be used to measure
performance, achievement of cost-savings targets, and quality of care provided.
(b) A provider or group of providers may submit a proposal
for a demonstration project in partnership with a health maintenance
organization or county-based purchasing plan for the purposes of sharing risk,
claims processing, or administration of the project, or to extend participation
in the project to persons who are enrolled in prepaid health care programs.
Subd. 3. Total cost of care agreement. Based on negotiations, the commissioner
must enter into an agreement with interested and eligible providers or groups
of providers to implement projects that are designed to reduce the total cost
of care for the identified patients. To
the extent possible, the projects shall begin implementation on January 1,
2010, or upon federal approval, whichever is later.
Subd. 4. Eligibility. To be
eligible to participate, providers or groups of providers must meet
certification standards for health care homes established by the Department of
Health and the Department of Human Services under section 256B.0751.
Subd. 5. Alternative payments.
The commissioner shall seek all federal waivers and approvals
necessary to implement this section and to obtain federal matching funds. To the extent authorized by federal law, the
commissioner may waive existing fee-for-service payment rates, provider
contract or performance requirements, consumer incentive policies, or other
requirements in statute or rule in order to allow the providers or groups of
providers to utilize alternative payment and financing methods that will
appropriately fund necessary and cost-effective primary care and care
coordination services; establish appropriate incentives for prevention, health
promotion, and care coordination; and mitigate financial harm to participating
providers caused by the successful reduction in preventable hospitalization,
emergency room use, and other costly services.
Subd. 6. Cost neutrality. The
total cost, including administrative costs, of this demonstration project must
not exceed the costs that would otherwise be incurred by the state had services
to the state health care program enrollees participating in the demonstration
project been provided, as applicable for the enrollee, under fee-for-service or
through managed care or county-based purchasing plans.
Sec. 28. Minnesota
Statutes 2008, section 256B.08, is amended by adding a subdivision to read:
Subd. 4. Data from Social Security.
The commissioner shall accept data from the Social Security
Administration in accordance with United States Code, title 42, section
1396U-5(a).
EFFECTIVE DATE.
This section is effective January 1, 2010.
Sec. 29. Minnesota
Statutes 2008, section 256B.15, subdivision 1, is amended to read:
Subdivision 1. Policy and applicability. (a) It is the policy of this state that
individuals or couples, either or both of whom participate in the medical
assistance program, use their own assets to pay their share of the total cost
of their care during or after their enrollment in the program according to
applicable federal law and the laws of this state. The following provisions apply:
(1) subdivisions 1c to 1k shall not apply to claims arising
under this section which are presented under section 525.313;
(2) the provisions of subdivisions 1c to 1k expanding the
interests included in an estate for purposes of recovery under this section
give effect to the provisions of United States Code, title 42, section 1396p,
governing recoveries, but do not give rise to any express or implied liens in
favor of any other parties not named in these provisions;
(3) the continuation of a recipient's life estate or joint
tenancy interest in real property after the recipient's death for the purpose
of recovering medical assistance under this section modifies common law
principles holding that these interests terminate on the death of the holder;
(4) all laws, rules, and regulations governing or involved
with a recovery of medical assistance shall be liberally construed to
accomplish their intended purposes;
(5) a deceased recipient's life estate and joint tenancy
interests continued under this section shall be owned by the remaindermen or
surviving joint tenants as their interests may appear on the date of the
recipient's death. They shall not be
merged into the remainder interest or the interests of the surviving joint
tenants by reason of ownership. They
shall be subject to the provisions of this section. Any conveyance, transfer, sale, assignment,
or encumbrance by a remainderman, a surviving joint tenant, or their heirs,
successors, and assigns shall be deemed to include all of their interest in the
deceased recipient's life estate or joint tenancy interest continued under this
section; and
(6) the provisions of subdivisions 1c to 1k continuing a
recipient's joint tenancy interests in real property after the recipient's death
do not apply to a homestead owned of record, on the date the recipient dies, by
the recipient and the recipient's spouse as joint tenants with a right of
survivorship. Homestead means the real
property occupied by the surviving joint tenant spouse as their sole residence
on the date the recipient dies and classified and taxed to the recipient and
surviving joint tenant spouse as homestead property for property tax purposes
in the calendar year in which the recipient dies. For purposes of this exemption, real property
the recipient and their surviving joint tenant spouse purchase solely with the
proceeds from the sale of their prior homestead, own of record as joint
tenants, and qualify as homestead property under section 273.124 in the
calendar year in which the recipient dies and prior to the recipient's death
shall be deemed to be real property classified and taxed to the recipient and
their surviving joint tenant spouse as homestead property in the calendar year
in which the recipient dies. The surviving
spouse, or any person with personal knowledge of the facts, may provide an
affidavit describing the homestead property affected by this clause and stating
facts showing compliance with this clause.
The affidavit shall be prima facie evidence of the facts it states.
(b) For purposes of this section, "medical
assistance" includes the medical assistance program under this chapter and
the general assistance medical care program under chapter 256D and alternative
care for nonmedical assistance recipients under section 256B.0913.
(c) For purposes of this section, beginning January 1, 2010,
"medical assistance" does not include Medicare cost-sharing benefits
in accordance with United States Code, title 42, section 1396p.
(c) (d) All
provisions in this subdivision, and subdivisions 1d, 1f, 1g, 1h, 1i, and 1j,
related to the continuation of a recipient's life estate or joint tenancy
interests in real property after the recipient's death for the purpose of
recovering medical assistance, are effective only for life estates and joint
tenancy interests established on or after August 1, 2003. For purposes of this paragraph, medical
assistance does not include alternative care.
Sec. 30. Minnesota
Statutes 2008, section 256B.15, subdivision 1a, is amended to read:
Subd. 1a. Estates subject to claims. (a) 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, or as otherwise provided for in this section, 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 or to issue a decree of
descent according to sections 525.31 to 525.313.
(b) For the purposes of this section, the person's estate
must consist of:
(1) the person's probate estate;
(2) all of the person's interests or proceeds of those
interests in real property the person owned as a life tenant or as a joint
tenant with a right of survivorship at the time of the person's death;
(3) all of the person's interests or proceeds of those
interests in securities the person owned in beneficiary form as provided under
sections 524.6-301 to 524.6-311 at the time of the person's death, to the
extent the interests or proceeds of those interests become part of the probate
estate under section 524.6-307;
(4) all of the person's interests in joint accounts, multiple-party
accounts, and pay-on-death accounts, brokerage accounts, investment accounts,
or the proceeds of those accounts, as provided under sections 524.6-201 to
524.6-214 at the time of the person's death to the extent the interests become
part of the probate estate under section 524.6-207; and
(5) assets conveyed to a survivor, heir, or assign of the
person through survivorship, living trust, or other arrangements.
(c) For the purpose of this section and recovery in a
surviving spouse's estate for medical assistance paid for a predeceased spouse,
the estate must consist of all of the legal title and interests the deceased
individual's predeceased spouse had in jointly owned or marital property at the
time of the spouse's death, as defined in subdivision 2b, and the proceeds of
those interests, that passed to the deceased individual or another individual,
a survivor, an heir, or an assign of the predeceased spouse through a joint
tenancy, tenancy in common, survivorship, life estate, living trust, or other
arrangement. A deceased recipient who,
at death, owned the property jointly with the surviving spouse shall have an
interest in the entire property.
(d) For the purpose of recovery in a single person's estate
or the estate of a survivor of a married couple, "other arrangement"
includes any other means by which title to all or any part of the jointly owned
or marital property or interest passed from the predeceased spouse to another
including, but not limited to, transfers between spouses which are permitted,
prohibited, or penalized for purposes of medical assistance.
(e) A claim shall be filed if medical assistance was rendered for either or
both persons under one of the following circumstances:
(a) (1) the
person was over 55 years of age, and received services under this chapter;
(b) (2) the
person resided in a medical institution for six months or longer, received
services under this chapter, 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 developmental disabilities, nursing facility, or
inpatient hospital; or
(c) (3) the
person received general assistance medical care services under chapter 256D.
(f) The claim shall be considered an expense of the last illness of the
decedent for the purpose of section 524.3-805.
Notwithstanding any law or rule to the contrary, a state or county
agency with a claim under this section must be a creditor under section
524.6-307. 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. Counties are entitled to ten
percent of the collections for alternative care directly attributable to county
effort.
Sec. 31. Minnesota
Statutes 2008, section 256B.15, subdivision 1h, is amended to read:
Subd. 1h. Estates of specific persons receiving medical
assistance. (a) For purposes of this
section, paragraphs (b) to (k) (j) apply if a person received
medical assistance for which a claim may be filed under this section and died
single, or the surviving spouse of the couple and was not survived by any of
the persons described in subdivisions 3 and 4.
(b) For purposes of this section, the person's estate consists
of: (1) the person's probate estate; (2)
all of the person's interests or proceeds of those interests in real property
the person owned as a life tenant or as a joint tenant with a right of
survivorship at the time of the person's death; (3) all of the person's
interests or proceeds of those interests in securities the person owned in
beneficiary form as provided under sections 524.6-301 to 524.6-311 at the time
of the person's death, to the extent they become part of the probate estate
under section 524.6-307; (4) all of the person's interests in joint accounts,
multiple party accounts, and pay on death accounts, or the proceeds of those accounts,
as provided under sections 524.6-201 to 524.6-214 at the time of the person's
death to the extent they become part of the probate estate under section
524.6-207; and (5) the person's legal title or interest at the time of the
person's death in real property transferred under a transfer on death deed
under section 507.071, or in the proceeds from the subsequent sale of the
person's interest in the real property.
Notwithstanding any law or rule to the contrary, a state or county
agency with a claim under this section shall be a creditor under section
524.6-307.
(c) (b)
Notwithstanding any law or rule to the contrary, the person's life estate or
joint tenancy interest in real property not subject to a medical assistance
lien under sections 514.980 to 514.985 on the date of the person's death shall
not end upon the person's death and shall continue as provided in this
subdivision. The life estate in the
person's estate shall be that portion of the interest in the real property
subject to the life estate that is equal to the life estate percentage factor
for the life estate as listed in the Life Estate Mortality Table of the health
care program's manual for a person who was the age of the medical assistance
recipient on the date of the person's death. The joint tenancy interest in real property in
the estate shall be equal to the fractional interest the person would have
owned in the jointly held interest in the property had they and the other
owners held title to the property as tenants in common on the date the person
died.
(d) (c) The court
upon its own motion, or upon motion by the personal representative or any
interested party, may enter an order directing the remaindermen or surviving
joint tenants and their spouses, if any, to sign all documents, take all
actions, and otherwise fully cooperate with the personal representative and the
court to liquidate the decedent's life estate or joint tenancy interests in the
estate and deliver the cash or the proceeds of those interests to the personal
representative and provide for any legal and equitable sanctions as the court
deems appropriate to enforce and carry out the order, including an award of
reasonable attorney fees.
(e) (d) The
personal representative may make, execute, and deliver any conveyances or other
documents necessary to convey the decedent's life estate or joint tenancy
interest in the estate that are necessary to liquidate and reduce to cash the
decedent's interest or for any other purposes.
(f) (e) Subject to
administration, all costs, including reasonable attorney fees, directly and
immediately related to liquidating the decedent's life estate or joint tenancy
interest in the decedent's estate, shall be paid from the gross proceeds of the
liquidation allocable to the decedent's interest and the net proceeds shall be
turned over to the personal representative and applied to payment of the claim
presented under this section.
(g) (f) The
personal representative shall bring a motion in the district court in which the
estate is being probated to compel the remaindermen or surviving joint tenants
to account for and deliver to the personal representative all or any part of
the proceeds of any sale, mortgage, transfer, conveyance, or any disposition of
real property allocable to the decedent's life estate or joint tenancy interest
in the decedent's estate, and do everything necessary to liquidate
and reduce to cash the decedent's interest and turn the
proceeds of the sale or other disposition over to the personal
representative. The court may grant any
legal or equitable relief including, but not limited to, ordering a partition
of real estate under chapter 558 necessary to make the value of the decedent's
life estate or joint tenancy interest available to the estate for payment of a
claim under this section.
(h) (g) Subject to
administration, the personal representative shall use all of the cash or
proceeds of interests to pay an allowable claim under this section. The remaindermen or surviving joint tenants
and their spouses, if any, may enter into a written agreement with the personal
representative or the claimant to settle and satisfy obligations imposed at any
time before or after a claim is filed.
(i) (h) The
personal representative may, at their discretion, provide any or all of the
other owners, remaindermen, or surviving joint tenants with an affidavit
terminating the decedent's estate's interest in real property the decedent
owned as a life tenant or as a joint tenant with others, if the personal
representative determines in good faith that neither the decedent nor any of
the decedent's predeceased spouses received any medical assistance for which a
claim could be filed under this section, or if the personal representative has
filed an affidavit with the court that the estate has other assets sufficient
to pay a claim, as presented, or if there is a written agreement under
paragraph (h) (g), or if the claim, as allowed, has been paid in
full or to the full extent of the assets the estate has available to pay
it. The affidavit may be recorded in the
office of the county recorder or filed in the Office of the Registrar of Titles
for the county in which the real property is located. Except as provided in section 514.981,
subdivision 6, when recorded or filed, the affidavit shall terminate the
decedent's interest in real estate the decedent owned as a life tenant or a
joint tenant with others. The affidavit
shall:
(1) be signed by the personal representative;
(2) identify the decedent and the interest being terminated;
(3) give recording information sufficient to identify the
instrument that created the interest in real property being terminated;
(4) legally describe the affected real property;
(5) state that the personal representative has determined that
neither the decedent nor any of the decedent's predeceased spouses received any
medical assistance for which a claim could be filed under this section;
(6) state that the decedent's estate has other assets
sufficient to pay the claim, as presented, or that there is a written agreement
between the personal representative and the claimant and the other owners or
remaindermen or other joint tenants to satisfy the obligations imposed under
this subdivision; and
(7) state that the affidavit is being given to terminate the
estate's interest under this subdivision, and any other contents as may be
appropriate.
The
recorder or registrar of titles shall accept the affidavit for recording or
filing. The affidavit shall be effective
as provided in this section and shall constitute notice even if it does not
include recording information sufficient to identify the instrument creating
the interest it terminates. The
affidavit shall be conclusive evidence of the stated facts.
(j) (i) The holder
of a lien arising under subdivision 1c shall release the lien at the holder's
expense against an interest terminated under paragraph (h) (g) to
the extent of the termination.
(k) (j) If a lien
arising under subdivision 1c is not released under paragraph (j) (i),
prior to closing the estate, the personal representative shall deed the
interest subject to the lien to the remaindermen or surviving joint tenants as
their interests may appear. Upon
recording or filing, the deed shall work a merger of the recipient's life
estate or joint tenancy interest, subject to the lien, into the remainder
interest or interest the decedent and others owned jointly. The lien shall attach to and run with the
property to the extent of the decedent's interest at the time of the decedent's
death.
Sec. 32. Minnesota Statutes
2008, 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 55 or during a period of
institutionalization described in subdivision 1a, clause (b)
paragraph (e), 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,
shall be payable from the full value of all of the predeceased spouse's assets
and interests which are part of the surviving spouse's estate under
subdivisions 1a and 2b. Recovery of
medical assistance expenses in the nonrecipient surviving spouse's estate
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. The claim is not payable from the value of
assets or proceeds of assets in the estate attributable to a predeceased spouse
whom the individual married after the death of the predeceased recipient spouse
for whom the claim is filed or from assets and the proceeds of assets in the
estate which the nonrecipient decedent spouse acquired with assets which were
not marital property or jointly owned property after the death of the
predeceased recipient spouse. Claims
for alternative care shall be net of all premiums paid under section 256B.0913,
subdivision 12, on or after July 1, 2003, and shall be limited to services
provided on or after July 1, 2003. Claims
against marital property shall be limited to claims against recipients who died
on or after July 1, 2009.
Sec. 33. Minnesota
Statutes 2008, section 256B.15, is amended by adding a subdivision to read:
Subd. 2b. Controlling provisions.
(a) For purposes of this subdivision and subdivisions 1a and 2,
paragraphs (b) to (d) apply.
(b) At the time of death of a recipient spouse and solely for
purpose of recovery of medical assistance benefits received, a predeceased
recipient spouse shall have a legal title or interest in the undivided whole of
all of the property which the recipient and the recipient's surviving spouse
owned jointly or which was marital property at any time during their marriage
regardless of the form of ownership and regardless of whether it was owned or
titled in the names of one or both the recipient and the recipient's
spouse. Title and interest in the
property of a predeceased recipient spouse shall not end or extinguish upon the
person's death and shall continue for the purpose of allowing recovery of
medical assistance in the estate of the surviving spouse. Upon the death of the predeceased recipient
spouse, title and interest in the predeceased spouse's property shall vest in
the surviving spouse by operation of law and without the necessity for any
probate or decree of descent proceedings and shall continue to exist after the
death of the predeceased spouse and the surviving spouse to permit recovery of
medical assistance. The recipient spouse
and the surviving spouse of a deceased recipient spouse shall not encumber,
disclaim, transfer, alienate, hypothecate, or otherwise divest themselves of
these interests before or upon death.
(c) For purposes of this section, "marital
property" includes any and all real or personal property of any kind or
interests in such property the predeceased recipient spouse and their spouse,
or either of them, owned at the time of their marriage to each other or
acquired during their marriage regardless of whether it was owned or titled in
the names of one or both of them. If
either or both spouses of a married couple received medical assistance, all
property owned during the marriage or which either or both spouses acquired
during their marriage shall be presumed to be marital property for purposes of
recovering medical assistance unless there is clear and convincing evidence to
the contrary.
(d) The agency responsible for the claim for medical
assistance for a recipient spouse may, at its discretion, release specific real
and personal property from the provisions of this section. The release shall extinguish the interest
created under paragraph (b) in the land it describes upon filing or
recording. The release need not be
attested, certified, or acknowledged as a condition of filing or recording and
shall be filed or recorded in the office of the county recorder or registrar of
titles, as appropriate, in the county where the real property is located. The party to whom the release is given shall
be responsible for paying all fees and costs necessary to record and file the
release. If the
property described in the release is registered property, the registrar of
titles shall accept it for recording and shall record it on the certificate of
title for each parcel of property described in the release. If the property described in the release is abstract
property, the recorder shall accept it for filing and file it in the county's
grantor-grantee indexes and any tract index the county maintains for each
parcel of property described in the release.
Sec. 34. Minnesota
Statutes 2008, section 256B.15, is amended by adding a subdivision to read:
Subd. 9. Commissioner's intervention.
The commissioner shall be permitted to intervene as a party in any
proceeding involving recovery of medical assistance upon filing a notice of
intervention and serving such notice on the other parties.
Sec. 35. Minnesota
Statutes 2008, section 256B.69, subdivision 5a, is amended to read:
Subd. 5a. Managed care contracts. (a) Managed care contracts under this section
and sections 256L.12 and 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. The commissioner may issue separate contracts
with requirements specific to services to medical assistance recipients age 65
and older.
(b) A prepaid health plan providing covered health services
for eligible persons pursuant to chapters 256B, 256D, and 256L, is responsible
for complying with the terms of its contract with the commissioner. Requirements applicable to managed care
programs under chapters 256B, 256D, and 256L, established after the effective
date of a contract with the commissioner take effect when the contract is next
issued or renewed.
(c) Effective for services rendered on or after January 1,
2003, the commissioner shall withhold five percent of managed care plan
payments under this section and county-based purchasing plan's payment rate
under section 256B.692 for the prepaid medical assistance and general
assistance medical care programs pending completion of performance
targets. Each performance target must be
quantifiable, objective, measurable, and reasonably attainable, except in the case
of a performance target based on a federal or state law or rule. Criteria for assessment of each performance
target must be outlined in writing prior to the contract effective date. The managed care plan must demonstrate, to
the commissioner's satisfaction, that the data submitted regarding attainment
of the performance target is accurate.
The commissioner shall periodically change the administrative measures
used as performance targets in order to improve plan performance across a
broader range of administrative services.
The performance targets must include measurement of plan efforts to
contain spending on health care services and administrative activities. The commissioner may adopt plan-specific
performance targets that take into account factors affecting only one plan,
including characteristics of the plan's enrollee population. The withheld funds must be returned no sooner
than July of the following year if performance targets in the contract are
achieved. The commissioner may exclude
special demonstration projects under subdivision 23. A managed care plan or a county-based
purchasing plan under section 256B.692 may include as admitted assets under
section 62D.044 any amount withheld under this paragraph that is reasonably
expected to be returned.
(d)(1) Effective for services rendered on or after
January 1, 2009, the commissioner shall withhold three percent of managed care
plan payments under this section and county-based purchasing plan payments
under section 256B.692 for the prepaid medical assistance and general
assistance medical care programs. The
withheld funds must be returned no sooner than July 1 and no later than July 31
of the following year. The commissioner
may exclude special demonstration projects under subdivision 23.
(2) A managed care plan or a county-based purchasing plan
under section 256B.692 may include as admitted assets under section 62D.044 any
amount withheld under this paragraph. The return of the withhold under this
paragraph is not subject to the requirements of paragraph (c).
(e) Effective for services rendered on or after January 1,
2010, the commissioner shall include as part of the performance targets
described in paragraph (a) a reduction in the health plan's emergency room
utilization rate for state health care program enrollees by a measurable rate
of five percent from the plan's utilization rate for state health care program
enrollees for the previous calendar year.
The withheld funds must be returned no sooner than July 1 and
no later than July 31 of the following calendar year if the managed care plan
or county-based purchasing plan demonstrates to the satisfaction of the
commissioner that a reduction in the utilization rate was achieved.
The withhold described in this paragraph shall continue for each
consecutive contract period until the health plan's emergency room utilization
rate for state health care program enrollees is reduced by 25 percent of the
health plan's emergency room utilization rate for state health care program
enrollees for calendar year 2008.
(f) A managed care plan or a county-based purchasing plan
under section 256B.692 may include as admitted assets under section 62D.044 any
amount withheld under this section that is reasonably expected to be returned.
Sec. 36. Minnesota Statutes
2008, section 256B.69, subdivision 5c, is amended to read:
Subd. 5c. Medical education and research fund. (a) Except as provided in paragraph (c), the
commissioner of human services shall transfer each year to the medical
education and research fund established under section 62J.692, the following:
(1) an amount equal to the reduction in the prepaid medical
assistance and prepaid general assistance medical care payments as specified in
this clause. Until January 1, 2002, the
county medical assistance and general assistance medical care capitation base
rate prior to plan specific adjustments and after the regional rate adjustments
under section 256B.69, subdivision 5b, is reduced 6.3 percent for Hennepin
County, two percent for the remaining metropolitan counties, and no reduction
for nonmetropolitan Minnesota counties; and after January 1, 2002, the county
medical assistance and general assistance medical care capitation base rate
prior to plan specific adjustments is reduced 6.3 percent for Hennepin County,
two percent for the remaining metropolitan counties, and 1.6 percent for
nonmetropolitan Minnesota counties.
Nursing facility and elderly waiver payments and demonstration project
payments operating under subdivision 23 are excluded from this reduction. The amount calculated under this clause shall
not be adjusted for periods already paid due to subsequent changes to the
capitation payments;
(2) beginning July 1, 2003, $2,157,000 $4,314,000 from
the capitation rates paid under this section plus any federal matching funds
on this amount;
(3) beginning July 1, 2002, an additional $12,700,000 from the
capitation rates paid under this section; and
(4) beginning July 1, 2003, an additional $4,700,000 from the
capitation rates paid under this section.
(b) This subdivision shall be effective upon approval of a
federal waiver which allows federal financial participation in the medical
education and research fund. Effective
July 1, 2009, and thereafter, the transfers required by paragraph (a), clauses
(1) to (4), shall not exceed the total amount transferred for fiscal year
2009. Any excess shall first reduce the
amounts otherwise required to be transferred under paragraph (a), clauses (2),
(3), and (4). Any excess following this
reduction shall proportionally reduce the transfers under paragraph (a), clause
(1).
(c) Effective July 1, 2003, the amount reduced from the
prepaid general assistance medical care payments under paragraph (a), clause
(1), shall be transferred to the general fund.
(d) Beginning July 1, 2009, of the amounts in paragraph (a),
the commissioner shall transfer $21,714,000 each fiscal year to the medical
education and research fund. The balance
of the transfers under paragraph (a) shall be transferred to the medical
education and research fund no earlier than July 1 of the following fiscal
year.
Sec. 37. Minnesota
Statutes 2008, section 256B.69, subdivision 5f, is amended to read:
Subd. 5f. Capitation rates. (a) Beginning July 1, 2002, the
capitation rates paid under this section are increased by $12,700,000 per
year. Beginning July 1, 2003, the
capitation rates paid under this section are increased by $4,700,000 per year.
(b) Beginning July 1, 2009, the capitation rates paid under
this section are increased each year by the lesser of $21,714,000 or an amount
equal to the difference between the estimated value of the reductions described
in subdivision 5c, paragraph (a), clause (1), and the amount of the limit
described in subdivision 5c, paragraph (b).
Sec. 38. [256B.695] PAYMENT FOR BASIC CARE
SERVICES.
Effective service date July 1, 2009, total payments for basic
care services, except prescription drugs, medical supplies, prosthetics, lab,
radiology, medical transportation, and services subject to or specifically exempted
from section 256B.76, subdivision 1, paragraph (c), shall be reduced by 3.0
percent, prior to third-party liability.
Payments made to managed care and county-based purchasing plans shall be
reduced for services provided on or after January 1, 2010, to reflect this
reduction.
Sec. 39. Minnesota
Statutes 2008, section 256B.76, subdivision 1, is amended to read:
Subdivision 1. Physician reimbursement. (a) Effective for services rendered on or
after October 1, 1992, the commissioner shall make payments for physician
services as follows:
(1) payment for level one Centers for Medicare and Medicaid
Services' common procedural coding system codes titled "office and other
outpatient services," "preventive medicine new and established
patient," "delivery, antepartum, and postpartum care,"
"critical care," cesarean delivery and pharmacologic management
provided to psychiatric patients, and level three codes for enhanced services
for prenatal high risk, shall be paid at the lower of (i) submitted charges, or
(ii) 25 percent above the rate in effect on June 30, 1992. If the rate on any procedure code within
these categories is different than the rate that would have been paid under the
methodology in section 256B.74, subdivision 2, then the larger rate shall be
paid;
(2) payments for all other services shall be paid at the
lower of (i) submitted charges, or (ii) 15.4 percent above the rate in effect
on June 30, 1992; and
(3) all physician rates shall be converted from the 50th
percentile of 1982 to the 50th percentile of 1989, less the percent in
aggregate necessary to equal the above increases except that payment rates for
home health agency services shall be the rates in effect on September 30, 1992.
(b) Effective for services rendered on or after January 1,
2000, payment rates for physician and professional services shall be increased
by three percent over the rates in effect on December 31, 1999, except for home
health agency and family planning agency services. The increases in this paragraph shall be
implemented January 1, 2000, for managed care.
(c) Effective for services rendered on or after July 1, 2009,
payment rates for physician and professional services shall be reduced by three
percent over the rates in effect on June 30, 2009, except for office or other
outpatient services (procedure codes 99201 to 99215) and preventive medicine
services (procedure codes 99381 to 99412) billed by the following primary care
specialties: general practitioner,
internal medicine, pediatrics, geriatric nurse practitioner, pediatric nurse
practitioner, family practice nurse practitioner, adult nurse practitioner,
geriatrics, and family practice. The
commissioner, effective January 1, 2010, shall reduce capitation rates paid to
managed care and county-based purchasing plans under sections 256B.69 and
256B.692 to reflect this payment reduction.
Sec. 40. Minnesota
Statutes 2008, section 256B.76, subdivision 4, is amended to read:
Subd. 4. Critical access dental providers. Effective for dental services rendered on or
after January 1, 2002, the commissioner shall increase reimbursements to
dentists and dental clinics deemed by the commissioner to be critical access
dental providers. For dental services
rendered on or after July 1, 2007, the commissioner shall increase
reimbursement by 30 percent above the reimbursement rate that would otherwise
be paid to the critical access dental provider.
The commissioner shall pay the health plan companies in amounts
sufficient to reflect increased reimbursements to critical access dental
providers as approved by the commissioner.
In determining which dentists and dental clinics shall be deemed
critical access dental providers, the commissioner shall review:
(1) the utilization rate in the service area in which the
dentist or dental clinic operates for dental services to patients covered by
medical assistance, general assistance medical care, or MinnesotaCare as their
primary source of coverage;
(2) the level of services provided by the dentist or dental
clinic to patients covered by medical assistance, general assistance medical
care, or MinnesotaCare as their primary source of coverage; and
(3) whether the level of services provided by the dentist or
dental clinic is critical to maintaining adequate levels of patient access
within the service area.
In
the absence of a critical access dental provider in a service area, the
commissioner may designate a dentist or dental clinic as a critical access
dental provider if the dentist or dental clinic is willing to provide care to
patients covered by medical assistance, general assistance medical care, or
MinnesotaCare at a level which significantly increases access to dental care in
the service area. The commissioner
shall administer this subdivision within the limits of available
appropriations.
Sec. 41. Minnesota
Statutes 2008, section 256B.76, is amended by adding a subdivision to read:
Subd. 4a. Designation and termination of critical access dental providers. (a) The commissioner shall not designate
an individual dentist or clinic as a critical access dental provider under
subdivision 4 or section 256L.11, subdivision 7, when the owner or any dentist
employed by or under contract with the practice:
(1) has been subject to a corrective or disciplinary action
by the Minnesota Board of Dentistry within the past five years or is currently
subject to a corrective or disciplinary action by the board. Designation shall not be made until the
provider is no longer subject to a corrective or disciplinary action;
(2) does not bill on a clinic-specific location basis;
(3) has been subject, within the past five years, to a
postinvestigation action by the commissioner of human services or contracted
health plan when investigating services provided to Minnesota health care
program enrollees, including administrative sanctions, monetary recovery,
referral to state regulatory agency, referral to the state attorney general or
county attorney general, or issuance of a warning as specified in Minnesota
Rules, parts 9505.2160 to 9505.2245.
Designation shall not be considered until the January of the year
following documentation that the activity that resulted in postinvestigative
action has stopped; or
(4) has not completed the application for critical access
dental provider designation, has submitted the application after the due date,
provided incorrect information, or has knowingly and willfully submitted a
fraudulent designation form.
(b) The commissioner shall terminate a critical access
designation of an individual dentist or clinic, if the owner or any dentist
employed by or under contract with the practice:
(1) becomes subject to a disciplinary or corrective action by
the Minnesota Board of Dentistry. The
provider shall not be considered for critical access designation until the
January following the year in which the action has ended; or
(2) becomes subject to a postinvestigation action by the
commissioner of human services or contracted health plan including
administrative sanctions, monetary recovery, referral to state regulatory
agency, referral to the state attorney general or county attorney general, or
issuance of a warning as specified in Minnesota Rules, parts 9505.2160 to
9505.2245. Designation shall not be
considered until the January of the year following documentation that the
activity that resulted in postinvestigative action has stopped.
(c) Any termination is retroactive to the date of the:
(1) postinvestigative action; or
(2) disciplinary or corrective action by the Minnesota Board
of Dentistry.
(d) A provider who has been terminated or not designated may
appeal only through the contested hearing process as defined in section 14.02,
subdivision 3, by filing with the commissioner a written request of
appeal. The appeal request must be
received by the commissioner no later than 30 days after notification of
termination or nondesignation.
(e) The commissioner may make an exception to paragraph (a),
clauses (1) and (3), and paragraph (b), if an action taken by the Minnesota
Board of Dentistry, commissioner of human services, or contracted health plan
is the result of a onetime event by an individual employed or contracted by a
group practice.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 42. Minnesota
Statutes 2008, section 256D.03, subdivision 4, is amended to read:
Subd. 4. General assistance medical care; services. (a)(i) For a person who is eligible under
subdivision 3, paragraph (a), clause (2), item (i), general assistance medical
care covers, except as provided in paragraph (c):
(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 except special transportation;
(12) chiropractic
services as covered under the medical assistance program;
(13) podiatric
services;
(14) dental services
as covered under the medical assistance program;
(15) mental health
services covered under chapter 256B;
(16) prescribed
medications for persons who have been diagnosed as mentally ill as necessary to
prevent more restrictive institutionalization;
(17) medical supplies
and equipment, and Medicare premiums, coinsurance and deductible payments;
(18) 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;
(19) services
performed by a certified pediatric nurse practitioner, a certified family nurse
practitioner, a certified adult nurse practitioner, a certified
obstetric/gynecological nurse practitioner, a certified neonatal nurse
practitioner, or a certified geriatric nurse practitioner in independent
practice, if (1) the service is otherwise covered under this chapter as a
physician service, (2) the service provided on an inpatient basis is not
included as part of the cost for inpatient services included in the operating
payment rate, and (3) the service is within the scope of practice of the nurse
practitioner's license as a registered nurse, as defined in section 148.171;
(20) 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;
(21) telemedicine
consultations, to the extent they are covered under section 256B.0625,
subdivision 3b;
(22) care
coordination and patient education services provided by a community health
worker according to section 256B.0625, subdivision 49; and
(23) regardless of
the number of employees that an enrolled health care provider may have, sign
language interpreter services when provided by an enrolled health care provider
during the course of providing a direct, person-to-person covered health care
service to an enrolled recipient who has a hearing loss and uses interpreting
services.
(ii) Effective
October 1, 2003, for a person who is eligible under subdivision 3, paragraph
(a), clause (2), item (ii), general assistance medical care coverage is limited
to inpatient hospital services, including physician services provided during
the inpatient hospital stay. A $1,000
deductible is required for each inpatient hospitalization.
(b) Effective August
1, 2005, sex reassignment surgery is not covered under this subdivision.
(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. 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.
(d) Effective January 1, 2008, drug coverage under general
assistance medical care is limited to prescription drugs that:
(i) are covered under the medical assistance program as
described in section 256B.0625, subdivisions 13 and 13d; and
(ii) are provided by manufacturers that have fully executed
general assistance medical care rebate agreements with the commissioner and
comply with the agreements. Prescription
drug coverage under general assistance medical care must conform to coverage
under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.
(e) Recipients eligible under subdivision 3, paragraph (a),
shall pay the following co-payments for services provided on or after October
1, 2003, and before January 1, 2009:
(1) $25 for eyeglasses;
(2) $25 for nonemergency visits to a hospital-based emergency
room;
(3) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $12 per month maximum for prescription drug
co-payments. No co-payments shall apply
to antipsychotic drugs when used for the treatment of mental illness; and
(4) 50 percent coinsurance on restorative dental services.
(f) Recipients eligible under subdivision 3, paragraph (a),
shall include the following co-payments for services provided on or after
January 1, 2009:
(1) $25 for nonemergency visits to a hospital-based emergency
room; and
(2) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $7 per month maximum for prescription drug
co-payments. No co-payments shall apply
to antipsychotic drugs when used for the treatment of mental illness.
(g) MS 2007 Supp [Expired]
(h) Effective January 1, 2009, co-payments shall be limited to
one per day per provider for nonemergency visits to a hospital-based emergency
room. Recipients of general assistance
medical care are responsible for all co-payments in this subdivision. The general assistance medical care
reimbursement to the provider shall be reduced by the amount of the co-payment,
except that reimbursement for prescription drugs shall not be reduced once a
recipient has reached the $7 per month maximum for prescription drug
co-payments. The provider collects the
co-payment from the recipient. Providers
may not deny services to recipients who are unable to pay the co-payment.
(i) General assistance medical care reimbursement to
fee-for-service providers and payments to managed care plans shall not be
increased as a result of the removal of the co-payments effective January 1,
2009.
(j) Any county may, from its own resources, provide medical
payments for which state payments are not made.
(k) Chemical dependency services that are reimbursed under
chapter 254B must not be reimbursed under general assistance medical care.
(l) 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.
(m) 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.
(n) Inpatient and outpatient payments shall be reduced by
five percent, effective July 1, 2003.
This reduction is in addition to the five percent reduction effective
July 1, 2003, and incorporated by reference in paragraph (l).
(o) Payments for all other health services except inpatient,
outpatient, and pharmacy services shall be reduced by five percent, effective
July 1, 2003.
(p) Payments to managed care plans shall be reduced by five
percent for services provided on or after October 1, 2003.
(q) 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.
(r) Fee-for-service payments for nonpreventive visits shall
be reduced by $3 for services provided on or after January 1, 2006. For purposes of this subdivision, a visit
means an episode of service which is required because of a recipient's
symptoms, diagnosis, or established illness, and which is delivered in an
ambulatory setting by a physician or physician ancillary, chiropractor,
podiatrist, advance practice nurse, audiologist, optician, or optometrist.
(s) Payments to managed care plans shall not be increased as
a result of the removal of the $3 nonpreventive visit co-payment effective
January 1, 2006.
(t) Payments for mental health services added as covered
benefits after December 31, 2007, are not subject to the reductions in
paragraphs (l), (n), (o), and (p).
(u) In addition to the reductions in paragraphs (k) and (l),
effective service date July 1, 2009, total payments for basic care services,
except prescription drugs, medical supplies, prosthetics, lab, radiology,
medical transportation, and services subject to or specifically exempted from
paragraph (v), shall be reduced by 3.0 percent, prior to third-party
liability. Payments made to managed care
and county-based purchasing plans shall be reduced for services provided on or
after January 1, 2010, to reflect this reduction.
(v) Effective for services rendered on or after July 1, 2009,
payment rates for physician and professional services shall be reduced by three
percent over the rates in effect on June 30, 2009, except for office or other
outpatient services (procedure codes 99201 to 99215) and preventive medicine
services (procedure codes 99381 to 99412) billed by the following primary care
specialties: general practitioner,
internal medicine, pediatrics, geriatric nurse practitioner, pediatric nurse
practitioner, family practice nurse practitioner, adult nurse practitioner,
geriatrics, and family practice. The
commissioner, effective January 1, 2010, shall reduce capitation rates paid to
managed care and county-based purchasing plans under paragraph (c) to reflect
this payment reduction.
Sec. 43. Minnesota
Statutes 2008, section 256L.04, subdivision 10a, is amended to read:
Subd. 10a. Sponsor's income and resources deemed
available; documentation. When
determining eligibility for any federal or state benefits under sections
256L.01 to 256L.18, the income and resources of all noncitizens whose sponsor
signed an affidavit of support as defined under United States Code, title 8,
section 1183a, shall be deemed to include their sponsors' income and resources
as defined in the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and
subsequently set out in federal rules.
To be eligible for the program, noncitizens must provide documentation
of their immigration status. Beginning
July 1, 2010, or upon federal approval, whichever is later, sponsor deeming
does not apply to pregnant women and children who are qualified noncitizens, as
described in section 256B.06, subdivision 4, paragraph (b).
EFFECTIVE DATE.
This section is effective July 1, 2010, or upon federal approval,
whichever is later. The commissioner
shall notify the revisor of statutes when federal approval has been obtained.
Sec. 44. Minnesota
Statutes 2008, section 256L.04, is amended by adding a subdivision to read:
Subd. 14. Presumptive eligibility.
MinnesotaCare is available during a presumptive period of
eligibility, for children who appear to meet the income requirements of
subdivision 1, on the basis of preliminary information. The presumptive period begins on the first
day of the month following the date on which presumptive eligibility is
determined by the state or local agency.
The agency must provide notice of presumptive eligibility and
information on the procedures for completing the eligibility process. The effective date of coverage for children
who are determined presumptively eligible is in accordance with section
256L.05, subdivision 3. The presumptive
period ends on the earlier of the date of the determination for MinnesotaCare
eligibility, or the last day of the month following the month the presumptive
eligibility period begins if a complete application with requested
verifications is not submitted by that date.
Applicants and enrollees who are denied or terminated for failure to
complete an application or provide verifications cannot be granted presumptive
eligibility again for 12 months.
EFFECTIVE DATE.
This section is effective January 1, 2010, or upon federal approval,
whichever is later.
Sec. 45. Minnesota
Statutes 2008, section 256L.05, subdivision 1, is amended to read:
Subdivision 1. Application assistance and
information availability. (a) Applications
and application assistance must be made available at provider offices, local
human services agencies, school districts, public and private elementary
schools in which 25 percent or more of the students receive free or reduced
price lunches, community health offices, Women, Infants and Children (WIC)
program sites, Head Start program sites, public housing councils, crisis
nurseries, child care centers, early childhood education and preschool program
sites, legal aid offices, and libraries.
These sites may accept applications and forward the forms to the
commissioner or local county human services agencies that choose to
participate as an enrollment site.
Otherwise, applicants may apply directly to the commissioner or to
participating local county human services agencies.
(b) Application assistance must be available for applicants
choosing to file an online application.
(c) The commissioner and local agencies shall assist enrollees
in choosing a managed care organization by:
(1) establishing a Web site to provide information about
managed care organizations and to allow online enrollment;
(2) making applications and information on managed care
organizations available to applicants and enrollees according to Title VI of
the Civil Rights Act and federal regulations adopted under that law, or any
guidance from the United States Department of Health and Human Services; and
(3) making benefit educators available to assist applicants in
choosing a managed care organization.
Sec. 46. Minnesota
Statutes 2008, section 256L.05, is amended by adding a subdivision to read:
Subd. 1c. Open enrollment and streamlined application and enrollment process. (a) The commissioner and local agencies
working in partnership must develop a streamlined and efficient application and
enrollment process for medical assistance and MinnesotaCare enrollees that
meets the criteria specified in this subdivision.
(b) The commissioners of human services and education shall
provide recommendations to the legislature by January 15, 2010, on the creation
of an open enrollment process for medical assistance and MinnesotaCare that is
coordinated with the public education system.
The recommendations must:
(1) be developed in consultation with medical assistance and
MinnesotaCare enrollees and representatives from organizations that advocate on
behalf of children and families, low-income persons and minority populations,
counties, school administrators and nurses, health plans, and health care
providers;
(2) be based on enrollment and renewal procedures best practices,
including express lane eligibility as required under subdivision 1d;
(3) simplify the enrollment and renewal processes wherever
possible; and
(4) establish a process:
(i) to disseminate information on medical assistance and
MinnesotaCare to all children in the public education system, including
prekindergarten programs; and
(ii) for the commissioner of human services to enroll
children and other household members who are eligible.
The commissioner of human services in coordination with the commissioner
of education shall implement an open enrollment process by August 1, 2010, to
be effective beginning with the 2010-2011 school year.
(c) The commissioner and local agencies shall develop an
online application process for medical assistance and MinnesotaCare.
(d) The commissioner shall develop an application that is
easily understandable and does not exceed four pages in length.
(e) The commissioner of human services shall present to the
legislature, by January 15, 2010, an implementation plan for the open
enrollment period and online application process.
EFFECTIVE DATE.
This section is effective July 1, 2010, or upon federal approval,
which must be requested by the commissioner, whichever is later.
Sec. 47. Minnesota
Statutes 2008, section 256L.05, is amended by adding a subdivision to read:
Subd. 1d. Express lane eligibility.
(a) Children who complete an application for educational benefits and
indicate an interest in enrolling in medical assistance or MinnesotaCare on the
application form shall have the form considered an application for those
programs.
(b) The commissioner of education shall forward
electronically the information for families who are eligible for educational
benefits to the commissioner of human services as required under section
124D.1115.
(c) The commissioner of human services shall accept the income
determination made by the commissioner of education in administering the free
and reduced-price school lunch program as proof of income for medical
assistance and MinnesotaCare eligibility until renewal. Within 30 days of receipt of information
provided by the commissioner of education under paragraph (d), the commissioner
of human services shall:
(1) enroll all eligible children in the medical assistance or
MinnesotaCare programs; and
(2) provide information about medical assistance and
MinnesotaCare to other household members.
The date of application for the medical assistance and MinnesotaCare
programs is the date on the signed application for educational benefits.
Sec. 48. Minnesota
Statutes 2008, section 256L.11, subdivision 1, is amended to read:
Subdivision 1. Medical assistance rate to be used. (a) Payment to providers under
sections 256L.01 to 256L.11 shall be at the same rates and conditions
established for medical assistance, except as provided in subdivisions 2 to 6.
(b) Effective service date July 1, 2009, total payments for
basic care services, except prescription drugs, medical supplies, prosthetics,
lab, radiology, medical transportation, and services subject to or specifically
exempted from paragraph (c), shall be reduced by 3.0 percent, prior to
third-party liability. Payments made to
managed care and county-based purchasing plans shall be reduced for services
provided on or after January 1, 2010, to reflect this reduction.
(c) Effective for services rendered on or after July 1, 2009,
payment rates for physician and professional services shall be reduced by three
percent over the rates in effect on June 30, 2009, except for office or other
outpatient services (procedure codes 99201 to 99215) and preventive medicine
services (procedure codes 99381 to 99412) billed by the following primary care
specialties: general practitioner,
internal medicine, pediatrics, geriatric nurse practitioner, pediatric nurse
practitioner, family practice nurse practitioner, adult nurse practitioner,
geriatrics, and family practice. The
commissioner, effective January 1, 2010, shall reduce capitation rates paid to
managed care and county-based purchasing plans under section 256L.12 to reflect
this payment reduction.
Sec. 49. Minnesota
Statutes 2008, section 256L.11, subdivision 7, is amended to read:
Subd. 7. Critical access dental providers. Effective for dental services provided to
MinnesotaCare enrollees on or after January 1, 2007 2010, the
commissioner shall increase payment rates to dentists and dental clinics deemed
by the commissioner to be critical access providers under section 256B.76, subdivision
4 subdivisions 4 and 4a, by 50 30 percent above the
payment rate that would otherwise be paid to the provider. The commissioner shall pay the prepaid health
plans under contract with the commissioner amounts sufficient to reflect this
rate increase. The prepaid health plan
must pass this rate increase to providers who have been identified by the
commissioner as critical access dental providers under section 256B.76,
subdivision 4. The commissioner shall
administer this subdivision within the limits of available appropriations.
Sec. 50. Minnesota
Statutes 2008, section 256L.12, subdivision 9, is amended to read:
Subd. 9. Rate setting; performance withholds. (a) Rates will be prospective, per capita,
where possible. The commissioner may
allow health plans to arrange for inpatient hospital services on a risk or
nonrisk basis. The commissioner shall
consult with an independent actuary to determine appropriate rates.
(b) For services rendered on or after January 1, 2003, to
December 31, 2003, the commissioner shall withhold .5 percent of managed care
plan payments under this section pending completion of performance
targets. The withheld funds must be
returned no sooner than July 1 and no later than July 31 of the following year
if performance targets in the contract are achieved. A managed care plan may include as admitted
assets under section 62D.044 any amount withheld under this paragraph that is
reasonably expected to be returned.
(c)
(b) For services rendered on or after January 1, 2004, the commissioner
shall withhold five percent of managed care plan payments and county-based
purchasing plan payments under this section pending completion of performance
targets. Each performance target must be
quantifiable, objective, measurable, and reasonably attainable, except in the
case of a performance target based on a federal or state law or rule. Criteria for assessment of each performance
target must be outlined in writing prior to the contract effective date. The managed care plan must demonstrate, to
the commissioner's satisfaction, that the data submitted regarding attainment
of the performance target is accurate.
The commissioner shall periodically change the administrative measures
used as performance targets in order to improve plan performance across a
broader range of administrative services.
The performance targets must include measurement of plan efforts to
contain spending on health care services and administrative activities. The commissioner may adopt plan-specific
performance targets that take into account factors affecting only one plan,
such as characteristics of the plan's enrollee population. The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following calendar year if
performance targets in the contract are achieved. A managed care plan or a county-based
purchasing plan under section 256B.692 may include as admitted assets under
section 62D.044 any amount withheld under this paragraph that is reasonably
expected to be returned.
(c) Effective for services rendered on or after January 1,
2010, the commissioner shall include as part of the performance targets
described in paragraph (b) a reduction in the plan's emergency room utilization
rate for state health care program enrollees by a measurable rate of five
percent from the plan's utilization rate for the previous calendar year.
The withheld funds must be returned no sooner than July 1 and
no later than July 31 of the following calendar year if the managed care plan
or county-based purchasing plan demonstrates to the satisfaction of the
commissioner that a reduction in the utilization rate was achieved.
The withhold described in this paragraph shall continue for
each consecutive contract period until the health plan's emergency room
utilization rate for state health care program enrollees is reduced by 25
percent of the health plan's emergency room utilization rate for state health
care program enrollees for calendar year 2008.
(d) A managed care plan or a county-based purchasing plan
under section 256B.692 may include as admitted assets under section 62D.044 any
amount withheld under this section that is reasonably expected to be returned.
Sec. 51. Minnesota
Statutes 2008, section 256L.17, subdivision 3, is amended to read:
Subd. 3. Documentation. (a) The commissioner of human services shall
require individuals and families, at the time of application or renewal, to
indicate on a checkoff form developed by the commissioner whether they
satisfy the MinnesotaCare asset requirement.
(b) The commissioner may require individuals and families to
provide any information the commissioner determines necessary to verify
compliance with the asset requirement, if the commissioner determines that
there is reason to believe that an individual or family has assets that exceed
the program limit.
Sec. 52. Minnesota
Statutes 2008, section 501B.89, is amended by adding a subdivision to read:
Subd. 4. Annual filing requirement for supplemental needs trusts. (a) A trustee of a trust under subdivision
3 and United States Code, title 42, section 1396p(d)(4)(A) or (C), shall submit
to the commissioner of human services, at the time of a beneficiary's request
for medical assistance, the following information about the trust:
(1) a copy of the trust instrument; and
(2) an inventory of the beneficiary's trust account assets
and the value of those assets.
(b) A trustee of a trust under subdivision 3 and United States
Code, title 42, section 1396p(d)(4)(A) or (C), shall submit an accounting of
the beneficiary's trust account to the commissioner of human services at least
annually until the trust, or the beneficiary's interest in the trust,
terminates. Accountings are due on the
anniversary of the execution date of the trust unless another annual date is
established by the terms of the trust.
The accounting must include the following information for the accounting
period:
(1) an inventory of trust assets and the value of those assets
at the beginning of the accounting period;
(2) additions to the trust during the accounting period and
the source of those additions;
(3) itemized distributions from the trust during the
accounting period, including the purpose of the distributions and to whom the
distributions were made;
(4) an inventory of trust assets and the value of those assets
at the end of the accounting period; and
(5) changes to the trust instrument during the accounting
period.
(c) For the purpose of paragraph (b), an accounting period is
12 months unless an accounting period of a different length is permitted by the
commissioner.
EFFECTIVE DATE.
This section is effective for applications for medical assistance and
renewals of medical assistance submitted on or after July 1, 2009.
Sec. 53. Minnesota
Statutes 2008, section 519.05, is amended to read:
519.05 LIABILITY OF HUSBAND AND WIFE.
(a) A spouse is not liable to a creditor for any debts of the
other spouse. Where husband and wife are
living together, they shall be jointly and severally liable for necessary
medical services that have been furnished to either spouse, including any
claims arising under section 246.53, 256B.15, 256D.16, or 261.04, and
necessary household articles and supplies furnished to and used by the
family. Notwithstanding this paragraph,
in a proceeding under chapter 518 the court may apportion such debt between the
spouses.
(b) Either spouse may close a credit card account or other
unsecured consumer line of credit on which both spouses are contractually
liable, by giving written notice to the creditor.
Sec. 54. Laws 2003,
First Special Session chapter 14, article 13C, section 2, subdivision 1, as
amended by Laws 2004, chapter 272, article 2, section 2, is amended to read:
Subdivision
1. Total
Appropriation $3,848,049,000 $4,135,780,000
Summary by Fund
General 3,301,811,000 3,561,055,000
State Government
Special Revenue 534,000 534,000
Health Care
Access 273,723,000 302,272,000
Federal TANF 270,425,000 270,363,000
Lottery Cash Flow 1,556,000 1,556,000
Federal Contingency Appropriation. (a) Federal Medicaid funds made available under title
IV of the federal Jobs and Growth Tax Relief Reconciliation Act of 2003 are
appropriated to the commissioner of human services for use in the state's
medical assistance and MinnesotaCare programs.
The commissioners of human services and finance shall report to the
legislative advisory committee on the additional federal Medicaid matching
funds that will be available to the state.
(b) Because of the availability of
these funds, the following policies shall become effective:
(1) medical assistance and
MinnesotaCare eligibility and local financial participation changes provided
for in this act may be implemented prior to September 2, 2003, or may be
delayed as necessary to maximize the use of federal funds received under title
IV of the Jobs and Growth Tax Relief Reconciliation Act of 2003;
(2) the aggregate cap on the services
identified in Minnesota Statutes, section 256L.035, paragraph (a), clause (3),
shall be increased from $2,000 to $5,000.
This increase shall expire at the end of fiscal year 2007. Funds may be transferred from the general
fund to the health care access fund as necessary to implement this provision;
and
(3) the following payment shifts
shall not be implemented:
(i) MFIP payment shift found in
subdivision 11;
(ii) the county payment shift found
in subdivision 1; and
(iii) the delay in medical assistance
and general assistance medical care fee-for-service payments found in
subdivision 6.
(c) Notwithstanding section 14,
paragraphs (a) and (b) shall expire June 30, 2007.
Receipts for Systems Projects. Appropriations and federal receipts
for information system projects for MAXIS, PRISM, MMIS, and SSIS must be
deposited in the state system account authorized in Minnesota Statutes, section
256.014. Money appropriated for computer
projects approved by the Minnesota office of technology, 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.
Gifts. Notwithstanding Minnesota Statutes,
chapter 7, the commissioner may accept on behalf of the state additional
funding from sources other than state funds for the purpose of financing the
cost of assistance program grants or nongrant administration. All additional funding is appropriated to the
commissioner for use as designated by the grantor of funding.
Systems Continuity. In the event of disruption of
technical systems or computer operations, the commissioner may use available
grant appropriations to ensure continuity of payments for maintaining the
health, safety, and well-being of clients served by programs administered by
the department of human services. Grant
funds must be used in a manner consistent with the original intent of the
appropriation.
Nonfederal Share Transfers. The nonfederal share of activities
for which federal administrative reimbursement is appropriated to the
commissioner may be transferred to the special revenue fund.
TANF Funds Appropriated to Other Entities. Any expenditures from the TANF block grant shall be expended
in accordance with the requirements and limitations of part A of title IV of
the Social Security Act, as amended, and any other applicable federal
requirement or limitation. Prior to any
expenditure of these funds, the commissioner shall assure that funds are
expended in compliance with the requirements and limitations of federal law and
that any reporting requirements of federal law are met. It shall be the responsibility of any entity
to which these funds are appropriated to implement a memorandum of
understanding with the commissioner that provides the necessary assurance of
compliance prior to any expenditure of funds.
The commissioner shall receipt TANF funds appropriated to other state
agencies and coordinate all related interagency accounting transactions
necessary to implement these appropriations.
Unexpended TANF funds appropriated to any state, local, or nonprofit
entity cancel at the end of the state fiscal year unless appropriating language
permits otherwise.
TANF Funds Transferred to Other Federal Grants. The commissioner must authorize transfers from TANF to other
federal block grants so that funds are available to meet the annual expenditure
needs as appropriated. Transfers may be
authorized prior to the expenditure year with the agreement of the receiving
entity. Transferred funds must be
expended in the year for which the funds were appropriated unless appropriation
language permits otherwise. In accelerating
transfer authorizations, the commissioner must aim to preserve the future
potential transfer capacity from TANF to other block grants.
TANF Maintenance of Effort. (a) In order to meet the basic maintenance of effort (MOE)
requirements of the TANF block grant specified under Code of Federal
Regulations, title 45, section 263.1, the commissioner may only report
nonfederal money expended for allowable activities listed in the following
clauses as TANF/MOE expenditures:
(1) MFIP cash, diversionary work
program, and food assistance benefits under Minnesota Statutes, chapter 256J;
(2) the child care assistance
programs under Minnesota Statutes, sections 119B.03 and 119B.05, and county
child care administrative costs under Minnesota Statutes, section 119B.15;
(3) state and county MFIP
administrative costs under Minnesota Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota Statutes, chapters 256J and 256K;
(5) expenditures made on behalf of
noncitizen MFIP recipients who qualify for the medical assistance without
federal financial participation program under Minnesota Statutes, section
256B.06, subdivision 4, paragraphs (d), (e), and (j); and
(6) qualifying working family credit
expenditures under Minnesota Statutes, section 290.0671.
(b) The commissioner shall ensure
that sufficient qualified nonfederal expenditures are made each year to meet
the state's TANF/MOE requirements. For
the activities listed in paragraph (a), clauses (2) to (6), the commissioner
may only report expenditures that are excluded from the definition of
assistance under Code of Federal Regulations, title 45, section 260.31.
(c) By August 31 of each year, the
commissioner shall make a preliminary calculation to determine the likelihood
that the state will meet its annual federal work participation requirement
under Code of Federal Regulations, title 45, sections 261.21 and 261.23, after
adjustment for any caseload reduction credit under Code of Federal Regulations,
title 45, section 261.41. If the
commissioner determines that the state will meet its federal work participation
rate for the federal fiscal year ending that September, the commissioner may
reduce the expenditure under paragraph (a), clause (1), to the extent allowed under
Code of Federal Regulations, title 45, section 263.1(a)(2).
(d) For fiscal years beginning with
state fiscal year 2003, the commissioner shall assure that the maintenance of
effort used by the commissioner of finance for the February and November forecasts
required under Minnesota Statutes, section 16A.103,
contains expenditures under paragraph
(a), clause (1), equal to at least 25 percent of the total required under Code
of Federal Regulations, title 45, section 263.1.
(e) If nonfederal expenditures for
the programs and purposes listed in paragraph (a) are insufficient to meet the
state's TANF/MOE requirements, the commissioner shall recommend additional
allowable sources of nonfederal expenditures to the legislature, if the
legislature is or will be in session to take action to specify additional
sources of nonfederal expenditures for TANF/MOE before a federal penalty is
imposed. The commissioner shall
otherwise provide notice to the legislative commission on planning and fiscal
policy under paragraph (g).
(f) If the commissioner uses
authority granted under section 11, or similar authority granted by a
subsequent legislature, to meet the state's TANF/MOE requirement in a reporting
period, the commissioner shall inform the chairs of the appropriate legislative
committees about all transfers made under that authority for this purpose.
(g) If the commissioner determines
that nonfederal expenditures under paragraph (a) are insufficient to meet
TANF/MOE expenditure requirements, and if the legislature is not or will not be
in session to take timely action to avoid a federal penalty, the commissioner
may report nonfederal expenditures from other allowable sources as TANF/MOE
expenditures after the requirements of this paragraph are met. The commissioner may report nonfederal
expenditures in addition to those specified under paragraph (a) as nonfederal
TANF/MOE expenditures, but only ten days after the commissioner of finance has
first submitted the commissioner's recommendations for additional allowable sources
of nonfederal TANF/MOE expenditures to the members of the legislative
commission on planning and fiscal policy for their review.
(h) The commissioner of finance shall
not incorporate any changes in federal TANF expenditures or nonfederal
expenditures for TANF/MOE that may result from reporting additional allowable
sources of nonfederal TANF/MOE expenditures under the interim procedures in
paragraph (g) into the February or November forecasts required under Minnesota
Statutes, section 16A.103, unless the commissioner of finance has approved the
additional sources of expenditures under paragraph (g).
(i) Minnesota Statutes, section
256.011, subdivision 3, which requires that federal grants or aids secured or
obtained under that subdivision be used to reduce any direct appropriations
provided by law, do not apply if the grants or aids are federal TANF funds.
(j) Notwithstanding section 14,
paragraph (a), clauses (1) to (6), and paragraphs (b) to (j) expire June 30,
2007.
Working Family Credit Expenditures as TANF MOE. The commissioner may claim as TANF maintenance of effort up
to the following amounts of working family credit expenditures for the
following fiscal years:
(1) fiscal year 2004, $7,013,000;
(2) fiscal year 2005, $25,133,000;
(3) fiscal year 2006, $6,942,000; and
(4) fiscal year 2007, $6,707,000.
Fiscal Year 2003 Appropriations Carryforward. Effective the day following final enactment, notwithstanding
Minnesota Statutes, section 16A.28, or any other law to the contrary, state
agencies and constitutional offices may carry forward unexpended and
unencumbered nongrant operating balances from fiscal year 2003 general fund
appropriations into fiscal year 2004 to offset general budget reductions.
Transfer of Grant Balances. Effective the day following final
enactment, the commissioner of human services, with the approval of the
commissioner of finance and after notification of the chair of the senate
health, human services and corrections budget division and the chair of the
house of representatives health and human services finance committee, may
transfer unencumbered appropriation balances for the biennium ending June 30,
2003, in fiscal year 2003 among the MFIP, MFIP child care assistance under
Minnesota Statutes, section 119B.05, general assistance, general assistance
medical care, medical assistance, Minnesota supplemental aid, and group
residential housing programs, and the entitlement portion of the chemical
dependency consolidated treatment fund, and between fiscal years of the
biennium.
TANF Appropriation Cancellation. Notwithstanding the provisions of
Laws 2000, chapter 488, article 1, section 16, any prior appropriations of TANF
funds to the department of trade and economic development or to the job skills
partnership board or any transfers of TANF funds from another agency to the
department of trade and economic development or to the job skills partnership
board are not available until expended, and if unobligated as of June 30, 2003,
these appropriations or transfers shall cancel to the TANF fund.
Shift County Payment. The commissioner shall make up to 100
percent of the calendar year 2005 payments to counties for developmental
disabilities semi-independent living services grants,
developmental disabilities family
support grants, and adult mental health grants from fiscal year 2006
appropriations. This is a onetime
payment shift. Calendar year 2006 and
future payments for these grants are not affected by this shift. This provision expires June 30, 2006.
Capitation Rate Increase. Of the health care access fund
appropriations to the University of Minnesota in the higher education omnibus
appropriation bill, $2,157,000 in fiscal year 2004 and $2,157,000 in fiscal
year 2005 are to be used to increase the capitation payments under for
fiscal years beginning July 1, 2003, and thereafter, $2,157,000 each year shall
be transferred to the commissioner for purposes of Minnesota Statutes,
section 256B.69. Notwithstanding the
provisions of section 14, this provision shall not expire.
Sec. 55. INCOME METHODOLOGY.
The commissioner of human services
shall study approaches toward adopting a uniform income methodology for
families and children under medical assistance and MinnesotaCare. The approaches to be examined by the commissioner must include, but are not limited
to: (1) replacing the MinnesotaCare
gross income standard with a net income standard based on the medical
assistance families with children methodology; and (2) replacing the medical
assistance net income standard for families with children with the MinnesotaCare
gross income standard. The commissioner
must evaluate the impact of each approach on the number of potential
MinnesotaCare and medical assistance enrolles who are families and children and
on administrative, health care, and other costs to the state. The commissioner shall present findings and
recommendations to the legislative committees with jurisdiction over health
care by January 15, 2010.
Sec. 56. ADMINISTRATION OF MINNESOTACARE.
The commissioner of human services, in
cooperation with representatives of county human services agencies, shall
develop a plan to administer the MinnesotaCare program. The plan must require county agencies to
administer MinnesotaCare in their respective counties under the supervision of
the state agency and the commissioner of human services. The plan, to the extent feasible, must
incorporate procedures and requirements that are identical to or consistent
with those procedures and requirements that apply to county administration of
the medical assistance program. The
commissioner shall present recommendations to the legislative committees with
jurisdiction over health care by January 15, 2010.
Sec. 57. EXPENDITURE LIMIT.
For calendar years beginning on or
after January 1, 2010, the commissioner of human services shall limit annual
expenditures for the critical access dental provider program under Minnesota
Statutes, sections 256B.76, subdivisions 4 and 4a, and 256L.11, subdivision 7,
to 75 percent of the expenditure level for the calendar year ending December
31, 2008.
Sec. 58. FEDERAL APPROVAL.
The commissioner of human services
shall resubmit for federal approval the elimination of depreciation for
self-employed farmers in determining income eligibility for MinnesotaCare
passed in Laws 2007, chapter 147, article 5, section 33.
Sec. 59. REPEALER.
Minnesota Statutes 2008, section
256.962, subdivision 7, is repealed.
ARTICLE 7
TECHNICAL
Section 1.
Minnesota Statutes 2008, section 125A.744, subdivision 3, is amended to
read:
Subd. 3. Implementation. Consistent with section 256B.0625,
subdivision 26, school districts may enroll as medical assistance providers or
subcontractors and bill the Department of Human Services under the medical
assistance fee for service claims processing system for special education
services which are covered services under chapter 256B, which are provided in
the school setting for a medical assistance recipient, and for whom the
district has secured informed consent consistent with section 13.05,
subdivision 4, paragraph (d), and section 256B.77, subdivision 2, paragraph
(p), to bill for each type of covered service.
School districts shall be reimbursed by the commissioner of human
services for the federal share of individual education plan health-related services
that qualify for reimbursement by medical assistance, minus up to five percent
retained by the commissioner of human services for administrative costs, not to
exceed $350,000 per fiscal year. The
commissioner may withhold up to five percent of each payment to a school
district. Following the end of each
fiscal year, the commissioner shall settle up with each school district in
order to ensure that collections from each district for departmental
administrative costs are made on a pro rata basis according to federal earnings
for these services in each district. A
school district is not eligible to enroll as a home care provider or a personal
care provider organization for purposes of billing home care services under
sections 256B.0651 and 256B.0653 to 256B.0656 and 256B.0659 until
the commissioner of human services issues a bulletin instructing county public
health nurses on how to assess for the needs of eligible recipients during
school hours. To use private duty
nursing services or personal care services at school, the recipient or
responsible party must provide written authorization in the care plan
identifying the chosen provider and the daily amount of services to be used at
school.
Sec. 2.
Minnesota Statutes 2008, section 144A.46, subdivision 1, is amended to
read:
Subdivision 1. License required. (a) A home care provider may not operate in
the state without a current license issued by the commissioner of health. A home care provider may hold a separate
license for each class of home care licensure.
(b) Within ten days after receiving an application for
a license, the commissioner shall acknowledge receipt of the application in
writing. The acknowledgment must
indicate whether the application appears to be complete or whether additional
information is required before the application will be considered
complete. Within 90 days after receiving
a complete application, the commissioner shall either grant or deny the
license. If an applicant is not granted
or denied a license within 90 days after submitting a complete application, the
license must be deemed granted. An
applicant whose license has been deemed granted must provide written notice to
the commissioner before providing a home care service.
(c) Each application for a home care provider license,
or for a renewal of a license, shall be accompanied by a fee to be set by the
commissioner under section 144.122.
(d) The commissioner of health, in consultation with
the commissioner of human services, shall provide recommendations to the legislature
by February 15, 2009, for provider standards for personal care assistant
services as described in section 256B.0655 256B.0659.
Sec. 3.
Minnesota Statutes 2008, section 176.011, subdivision 9, is amended to
read:
Subd. 9. Employee. "Employee" means any person who
performs services for another for hire including the following:
(1) an alien;
(2) a minor;
(3) a sheriff, deputy sheriff, police officer,
firefighter, county highway engineer, and peace officer while engaged in the
enforcement of peace or in the pursuit or capture of a person charged with or
suspected of crime;
(4) a person requested or commanded to aid an officer
in arresting or retaking a person who has escaped from lawful custody, or in
executing legal process, in which cases, for purposes of calculating
compensation under this chapter, the daily wage of the person shall be the
prevailing wage for similar services performed by paid employees;
(5) a county assessor;
(6) an elected or appointed official of the state, or
of a county, city, town, school district, or governmental subdivision in the
state. An officer of a political
subdivision elected or appointed for a regular term of office, or to complete
the unexpired portion of a regular term, shall be included only after the
governing body of the political subdivision has adopted an ordinance or
resolution to that effect;
(7) an executive officer of a corporation, except
those executive officers excluded by section 176.041;
(8) a voluntary uncompensated worker, other than an
inmate, rendering services in state institutions under the commissioners of
human services and corrections similar to those of officers and employees of
the institutions, and whose services have been accepted or contracted for by
the commissioner of human services or corrections as authorized by law. In the event of injury or death of the
worker, the daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services in institutions where the services are
performed by paid employees;
(9) a voluntary uncompensated worker engaged in
emergency management as defined in section 12.03, subdivision 4, who is:
(i) registered with the state or any political
subdivision of it, according to the procedures set forth in the state or
political subdivision emergency operations plan; and
(ii) acting under the direction and control of, and
within the scope of duties approved by, the state or political subdivision.
The daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services performed by paid employees;
(10) a voluntary uncompensated worker participating in
a program established by a local social services agency. For purposes of this clause, "local
social services agency" means any agency established under section
393.01. In the event of injury or death
of the worker, the wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid in the county at
the time of the injury or death for similar services performed by paid
employees working a normal day and week;
(11) a voluntary uncompensated worker accepted by the
commissioner of natural resources who is rendering services as a volunteer
pursuant to section 84.089. The daily
wage of the worker for the purpose of calculating compensation under this
chapter, shall be the usual wage paid at the time of injury or death for
similar services performed by paid employees;
(12) a voluntary uncompensated worker in the building
and construction industry who renders services for joint labor-management
nonprofit community service projects.
The daily wage of the worker for the purpose of calculating compensation
under this chapter shall be the usual wage paid at the time of injury or death
for similar services performed by paid employees;
(13) a member of the military forces, as defined in
section 190.05, while in state active service, as defined in section 190.05,
subdivision 5a. The daily wage of the
member for the purpose of calculating compensation under this chapter shall be
based on the member's usual earnings in civil life. If there is no evidence of previous
occupation or earning, the trier of fact shall consider the member's earnings
as a member of the military forces;
(14) a voluntary uncompensated worker, accepted by the
director of the Minnesota Historical Society, rendering services as a
volunteer, pursuant to chapter 138. The
daily wage of the worker, for the purposes of calculating compensation under
this chapter, shall be the usual wage paid at the time of injury or death for
similar services performed by paid employees;
(15) a voluntary uncompensated worker, other than a
student, who renders services at the Minnesota State Academy for the Deaf or
the Minnesota State Academy for the Blind, and whose services have been
accepted or contracted for by the commissioner of education, as authorized by
law. In the event of injury or death of
the worker, the daily wage of the worker, for the purpose of calculating
compensation under this chapter, shall be the usual wage paid at the time of
the injury or death for similar services performed in institutions by paid
employees;
(16) a voluntary uncompensated worker, other than a
resident of the veterans home, who renders services at a Minnesota veterans
home, and whose services have been accepted or contracted for by the
commissioner of veterans affairs, as authorized by law. In the event of injury or death of the worker,
the daily wage of the worker, for the purpose of calculating compensation under
this chapter, shall be the usual wage paid at the time of the injury or death
for similar services performed in institutions by paid employees;
(17) a worker performing services under section 256B.0655
256B.0659 for a recipient in the home of the recipient or in the
community under section 256B.0625, subdivision 19a, who is paid from government
funds through a fiscal intermediary under section 256B.0655, subdivision 7
256B.0659, subdivision 33. For
purposes of maintaining workers' compensation insurance, the employer of the
worker is as designated in law by the commissioner of the Department of Human
Services, notwithstanding any other law to the contrary;
(18) students enrolled in and regularly attending the
Medical School of the University of Minnesota in the graduate school program or
the postgraduate program. The students
shall not be considered employees for any other purpose. In the event of the student's injury or death,
the weekly wage of the student for the purpose of calculating compensation
under this chapter, shall be the annualized educational stipend awarded to the
student, divided by 52 weeks. The
institution in which the student is enrolled shall be considered the
"employer" for the limited purpose of determining responsibility for
paying benefits under this chapter;
(19) a faculty member of the University of Minnesota
employed for an academic year is also an employee for the period between that
academic year and the succeeding academic year if:
(a) the member has a contract or reasonable assurance
of a contract from the University of Minnesota for the succeeding academic
year; and
(b) the personal injury for which compensation is
sought arises out of and in the course of activities related to the faculty
member's employment by the University of Minnesota;
(20) a worker who performs volunteer ambulance driver
or attendant services is an employee of the political subdivision, nonprofit
hospital, nonprofit corporation, or other entity for which the worker performs
the services. The daily wage of the
worker for the purpose of calculating compensation under this chapter shall be
the usual wage paid at the time of injury or death for similar services performed
by paid employees;
(21) a voluntary uncompensated worker, accepted by the
commissioner of administration, rendering services as a volunteer at the
Department of Administration. In the
event of injury or death of the worker, the daily wage of the worker, for the
purpose of calculating compensation under this chapter, shall be the usual wage
paid at the time of the injury or death for similar services performed in
institutions by paid employees;
(22) a voluntary uncompensated worker rendering service
directly to the Pollution Control Agency.
The daily wage of the worker for the purpose of calculating compensation
payable under this chapter is the usual going wage paid at the time of injury
or death for similar services if the services are performed by paid employees;
(23) a voluntary uncompensated worker while
volunteering services as a first responder or as a member of a law enforcement
assistance organization while acting under the supervision and authority of a
political subdivision. The daily wage of
the worker for the purpose of calculating compensation payable under this
chapter is the usual going wage paid at the time of injury or death for similar
services if the services are performed by paid employees;
(24) a voluntary uncompensated member of the civil air
patrol rendering service on the request and under the authority of the state or
any of its political subdivisions. The
daily wage of the member for the purposes of calculating compensation payable
under this chapter is the usual going wage paid at the time of injury or death
for similar services if the services are performed by paid employees; and
(25) a Minnesota Responds Medical Reserve Corps
volunteer, as provided in sections 145A.04 and 145A.06, responding at the
request of or engaged in training conducted by the commissioner of health. The daily wage of the volunteer for the
purposes of calculating compensation payable under this chapter is established
in section 145A.06. A person who
qualifies under this clause and who may also qualify under another clause of
this subdivision shall receive benefits in accordance with this clause.
If it is difficult to determine the daily wage as
provided in this subdivision, the trier of fact may determine the wage upon
which the compensation is payable.
Sec. 4.
Minnesota Statutes 2008, section 245C.03, subdivision 2, is amended to
read:
Subd. 2. Personal care provider organizations. The commissioner shall conduct background
studies on any individual required under sections 256B.0651 and 256B.0653
to 256B.0656 and 256B.0659 to have a background study completed under
this chapter.
Sec. 5.
Minnesota Statutes 2008, section 245C.04, subdivision 3, is amended to
read:
Subd. 3. Personal care provider organizations. (a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 2, at least upon application for initial enrollment under sections
256B.0651 and 256B.0653 to 256B.0656 and 256B.0659.
(b) Organizations required to initiate background
studies under sections 256B.0651 and 256B.0653 to 256B.0656 and
256B.0659 for individuals described in section 245C.03, subdivision 2, must
submit a completed background study form to the commissioner before those
individuals begin a position allowing direct contact with persons served by the
organization.
Sec. 6.
Minnesota Statutes 2008, section 245C.10, subdivision 3, is amended to
read:
Subd. 3. Personal care provider organizations. The commissioner shall recover the cost of
background studies initiated by a personal care provider organization under
sections 256B.0651 and 256B.0653 to 256B.0656 and 256B.0659 through
a fee of no more than $20 per study charged to the organization responsible for
submitting the background study form.
The fees collected under this subdivision are appropriated to the
commissioner for the purpose of conducting background studies.
Sec. 7.
Minnesota Statutes 2008, section 256B.04, subdivision 16, is amended to
read:
Subd. 16. Personal care services. (a) Notwithstanding any contrary language in
this paragraph, the commissioner of human services and the commissioner of
health shall jointly promulgate rules to be applied to the licensure of
personal care services provided under the medical assistance program. The rules shall consider standards for
personal care services that are based on the World Institute on Disability's
recommendations regarding
personal care services.
These rules shall at a minimum consider the standards and requirements
adopted by the commissioner of health under section 144A.45, which the
commissioner of human services determines are applicable to the provision of
personal care services, in addition to other standards or modifications which
the commissioner of human services determines are appropriate.
The commissioner of human services shall establish an
advisory group including personal care consumers and providers to provide
advice regarding which standards or modifications should be adopted. The advisory group membership must include
not less than 15 members, of which at least 60 percent must be consumers of
personal care services and representatives of recipients with various
disabilities and diagnoses and ages. At
least 51 percent of the members of the advisory group must be recipients of
personal care.
The commissioner of human services may contract with
the commissioner of health to enforce the jointly promulgated licensure rules
for personal care service providers.
Prior to final promulgation of the joint rule the
commissioner of human services shall report preliminary findings along with any
comments of the advisory group and a plan for monitoring and enforcement by the
Department of Health to the legislature by February 15, 1992.
Limits on the extent of personal care services that
may be provided to an individual must be based on the cost-effectiveness of the
services in relation to the costs of inpatient hospital care, nursing home
care, and other available types of care.
The rules must provide, at a minimum:
(1) that agencies be selected to contract with or
employ and train staff to provide and supervise the provision of personal care
services;
(2) that agencies employ or contract with a qualified
applicant that a qualified recipient proposes to the agency as the recipient's
choice of assistant;
(3) that agencies bill the medical assistance program
for a personal care service by a personal care assistant and supervision by a
qualified professional supervising the personal care assistant unless the
recipient selects the fiscal agent option under section 256B.0655,
subdivision 7 256B.0659, subdivision 33;
(4) that agencies establish a grievance mechanism; and
(5) that agencies have a quality assurance program.
(b) The commissioner may waive the requirement for the
provision of personal care services through an agency in a particular county,
when there are less than two agencies providing services in that county and
shall waive the requirement for personal care assistants required to join an
agency for the first time during 1993 when personal care services are provided
under a relative hardship waiver under Minnesota Statutes 1992, section
256B.0627, subdivision 4, paragraph (b), clause (7), and at least two agencies
providing personal care services have refused to employ or contract with the
independent personal care assistant.
Sec. 8.
Minnesota Statutes 2008, 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 the child requires a level of care provided in a hospital, nursing
facility, or intermediate care facility for persons with developmental
disabilities, for whom home care is appropriate, provided that the cost to
medical assistance under this section is not more than the amount that medical
assistance would pay for if the child resides in an institution. After the child is determined to
be eligible under this section, the commissioner shall
review the child's disability under United States Code, title 42, section
1382c(a) and level of care defined under this section no more often than
annually and may elect, based on the recommendation of health care
professionals under contract with the state medical review team, to extend the
review of disability and level of care up to a maximum of four years. The commissioner's decision on the frequency
of continuing review of disability and level of care is not subject to
administrative appeal under section 256.045.
The county agency shall send a notice of disability review to the
enrollee six months prior to the date the recertification of disability is
due. Nothing in this subdivision shall
be construed as affecting other redeterminations of medical assistance
eligibility under this chapter and annual cost-effective reviews under this section.
(b) For purposes of this subdivision,
"hospital" means an 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.
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, "nursing
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.0655,
subdivision 4, clause (3) 256B.0659, adjusted to address
age-appropriate standards for children age 18 and under, pursuant to section 256B.0655,
subdivision 3 256B.0659.
(d) For purposes of this subdivision,
"intermediate care facility for persons with developmental
disabilities" or "ICF/MR" means a program licensed to provide
services to persons with developmental disabilities 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
developmental disabilities 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 a
developmental disability in accordance with section 256B.092, is in need of a
24-hour plan of care and active treatment similar to persons with developmental
disabilities, and there is a reasonable indication that the child will need
ICF/MR services.
(e) For purposes of this subdivision, a person requires
the level of care provided in a nursing facility if the person requires 24-hour
monitoring or supervision and a plan of mental health treatment because of
specific symptoms or functional impairments associated with a serious mental
illness or disorder diagnosis, which meet severity criteria for mental health
established by the commissioner and published in March 1997 as the Minnesota
Mental Health Level of Care for Children and Adolescents with Severe Emotional
Disorders.
(f) 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 parent or guardian, the child's physician or
physicians, 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.
(g) If a child meets the conditions in paragraph (b),
(c), (d), or (e), 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 ICF's/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) or (e), 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.
(h) 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. 9.
Minnesota Statutes 2008, section 256B.0621, subdivision 2, is amended to
read:
Subd. 2. Targeted case management; definitions. For purposes of subdivisions 3 to 10, the
following terms have the meanings given them:
(1) "home care service recipients" means
those individuals receiving the following services under sections 256B.0651 to
256B.0656 and 256B.0659: skilled
nursing visits, home health aide visits, private duty nursing, personal care
assistants, or therapies provided through a home health agency;
(2) "home care targeted case management"
means the provision of targeted case management services for the purpose of
assisting home care service recipients to gain access to needed services and
supports so that they may remain in the community;
(3) "institutions" means hospitals,
consistent with Code of Federal Regulations, title 42, section 440.10; regional
treatment center inpatient services, consistent with section 245.474; nursing
facilities; and intermediate care facilities for persons with developmental
disabilities;
(4) "relocation targeted case management"
includes the provision of both county targeted case management and public or
private vendor service coordination services for the purpose of assisting
recipients to gain access to needed services and supports if they choose to
move from an institution to the community.
Relocation targeted case management may be provided during the lesser
of:
(i) the last 180 consecutive days of an eligible recipient's
institutional stay; or
(ii) the limits and conditions which apply to federal
Medicaid funding for this service; and
(5) "targeted case management" means case
management services provided to help recipients gain access to needed medical,
social, educational, and other services and supports.
Sec. 10.
Minnesota Statutes 2008, section 256B.0652, subdivision 3, is amended to
read:
Subd. 3. Assessment and prior authorization process. 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 developmental disabilities
shall meet the requirements of sections 256B.0651 and 256B.0653 to
256B.0656 and 256B.0659 with the following exceptions:
(a) Upon request for home care services and subsequent
assessment by the public health nurse under sections 256B.0651 and 256B.0653
to 256B.0656 and 256B.0659, 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
developmental disabilities.
(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. 11.
Minnesota Statutes 2008, section 256B.0657, subdivision 2, is amended to
read:
Subd. 2. Eligibility. (a) The self-directed supports option is
available to a person who:
(1) is a recipient of medical assistance as determined
under sections 256B.055, 256B.056, and 256B.057, subdivision 9;
(2) is eligible for personal care assistant services
under section 256B.0655 256B.0659;
(3) lives in the person's own apartment or home, which
is not owned, operated, or controlled by a provider of services not related by
blood or marriage;
(4) has the ability to hire, fire, supervise, establish
staff compensation for, and manage the individuals providing services, and to
choose and obtain items, related services, and supports as described in the
participant's plan. If the recipient is
not able to carry out these functions but has a legal guardian or parent to
carry them out, the guardian or parent may fulfill these functions on behalf of
the recipient; and
(5) has not been excluded or disenrolled by the
commissioner.
(b) The commissioner may disenroll or exclude
recipients, including guardians and parents, under the following circumstances:
(1) recipients who have been restricted by the Primary
Care Utilization Review Committee may be excluded for a specified time period;
(2) recipients who exit the self-directed supports
option during the recipient's service plan year shall not access the self-directed
supports option for the remainder of that service plan year; and
(3) when the department determines that the recipient
cannot manage recipient responsibilities under the program.
Sec. 12.
Minnesota Statutes 2008, section 256B.0657, subdivision 6, is amended to
read:
Subd. 6. Services covered. (a) Services covered under the self-directed
supports option include:
(1) personal care assistant services under section 256B.0655
256B.0659; and
(2) items, related services, and supports, including
assistive technology, that increase independence or substitute for human
assistance to the extent expenditures would otherwise be used for human
assistance.
(b) Items, supports, and related services purchased
under this option shall not be considered home care services for the purposes
of section 144A.43.
Sec. 13.
Minnesota Statutes 2008, section 256B.0657, subdivision 8, is amended to
read:
Subd. 8. Self-directed budget requirements. The budget for the provision of the
self-directed service option shall be equal to the greater of either:
(1) the annual amount of personal care assistant
services under section 256B.0655 256B.0659 that the recipient has
used in the most recent 12-month period; or
(2) the amount determined using the consumer support
grant methodology under section 256.476, subdivision 11, except that the budget
amount shall include the federal and nonfederal share of the average service
costs.
Sec. 14.
Minnesota Statutes 2008, section 256B.49, subdivision 17, is amended to read:
Subd. 17. Cost of services and supports. (a) The commissioner shall ensure that the
average per capita expenditures estimated in any fiscal year for home and
community-based waiver recipients does not exceed the average per capita
expenditures that would have been made to provide institutional services for
recipients in the absence of the waiver.
(b) The commissioner shall implement on January 1,
2002, one or more aggregate, need-based methods for allocating to local
agencies the home and community-based waivered service resources available to
support recipients with disabilities in need of the level of care provided in a
nursing facility or a hospital. The
commissioner shall allocate resources to single counties and county
partnerships in a manner that reflects consideration of:
(1) an incentive-based payment process for achieving
outcomes;
(2) the need for a state-level risk pool;
(3) the need for retention of management
responsibility at the state agency level; and
(4) a phase-in strategy as appropriate.
(c) Until the allocation methods described in
paragraph (b) are implemented, the annual allowable reimbursement level of home
and community-based waiver services shall be the greater of:
(1) the statewide average payment amount which the recipient
is assigned under the waiver reimbursement system in place on June 30, 2001,
modified by the percentage of any provider rate increase appropriated for home
and community-based services; or
(2) an amount approved by the commissioner based on
the recipient's extraordinary needs that cannot be met within the current
allowable reimbursement level. The
increased reimbursement level must be necessary to allow the recipient to be
discharged from an institution or to prevent imminent placement in an institution. The additional reimbursement may be used to
secure environmental modifications; assistive technology and equipment; and
increased costs for supervision, training, and support services necessary to
address the recipient's extraordinary needs.
The commissioner may approve an increased reimbursement level for up to
one year of the recipient's relocation from an institution or up to six months
of a determination that a current waiver recipient is at imminent risk of being
placed in an institution.
(d) Beginning July 1, 2001, medically necessary
private duty nursing services will be authorized under this section as complex
and regular care according to sections 256B.0651 and 256B.0653 to
256B.0656 and 256B.0659. The rate
established by the commissioner for registered nurse or licensed practical
nurse services under any home and community-based waiver as of January 1, 2001,
shall not be reduced.
Sec. 15.
Minnesota Statutes 2008, section 256B.501, subdivision 4a, is amended to
read:
Subd. 4a. Inclusion of home care costs in waiver
rates. The commissioner shall adjust
the limits of the established average daily reimbursement rates for waivered
services to include the cost of home care services that may be provided to
waivered services recipients. This
adjustment must be used to maintain or increase services and shall not be used
by county agencies for inflation increases for waivered services vendors. Home care services referenced in this section
are those listed in section 256B.0651, subdivision 2. The average daily reimbursement rates
established in accordance with the provisions of this subdivision apply only to
the combined average, daily costs of waivered and home care services and do not
change home care limitations under sections 256B.0651 and 256B.0653 to
256B.0656 and 256B.0659. Waivered
services recipients receiving home care as of June 30, 1992, shall not have the
amount of their services reduced as a result of this section.
Sec. 16.
Minnesota Statutes 2008, section 256G.02, subdivision 6, is amended to
read:
Subd. 6. Excluded time. "Excluded time" means:
(a) any period an applicant spends in a hospital,
sanitarium, nursing home, shelter other than an emergency shelter, halfway
house, foster home, semi-independent living domicile or services program,
residential facility offering care, board and lodging facility or other
institution for the hospitalization or care of human beings, as defined in
section 144.50, 144A.01, or 245A.02, subdivision 14; maternity home, battered
women's shelter, or correctional facility; or any facility based on an
emergency hold under sections 253B.05, subdivisions 1 and 2, and 253B.07,
subdivision 6;
(b) any period an applicant spends on a placement basis
in a training and habilitation program, including a rehabilitation facility or
work or employment program as defined in section 268A.01; or receiving personal
care assistant services pursuant to section 256B.0655, subdivision 2
256B.0659; semi-independent living services provided under section 252.275,
and Minnesota Rules, parts 9525.0500 to 9525.0660; day training and
habilitation programs and assisted living services; and
(c) any placement for a person with an indeterminate
commitment, including independent living.
Sec. 17.
Minnesota Statutes 2008, section 256I.05, subdivision 1a, is amended to
read:
Subd. 1a. Supplementary service rates. (a) Subject to the provisions of section
256I.04, subdivision 3, 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 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 funding
from the medical assistance program under section 256B.0655, subdivision 2
256B.0659, for personal care services for residents in the setting; 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, or personal care services under section 256B.0655, subdivision 2
256B.0659, then the GRH rate is limited to the rate set in subdivision
1. Unless otherwise provided in law, in
no case may the supplementary service rate exceed $426.37. 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.
(b) The commissioner is authorized to make cost-neutral
transfers from the GRH fund for beds under this section to other funding
programs administered by the department after consultation with the county or
counties in which the affected beds are located. The commissioner may also make cost-neutral
transfers from the GRH fund to county human service agencies for beds
permanently removed from the GRH census under a plan submitted by the county
agency and approved by the commissioner.
The commissioner shall report the amount of any transfers under this
provision annually to the legislature.
(c) The provisions of paragraph (b) do not apply to a
facility that has its reimbursement rate established under section 256B.431,
subdivision 4, paragraph (c).
Sec. 18.
Minnesota Statutes 2008, section 256J.45, subdivision 3, is amended to
read:
Subd. 3. Good cause exemptions for not attending
orientation. (a) The county agency
shall not impose the sanction under section 256J.46 if it determines that the
participant has good cause for failing to attend orientation. Good cause exists when:
(1) appropriate child care is not available;
(2) the participant is ill or injured;
(3) a family member is ill and needs care by the
participant that prevents the participant from attending orientation. For a caregiver with a child or adult in the
household who meets the disability or medical criteria for home care services
under section 256B.0655, subdivision 1c 256B.0659, or a home and
community-based waiver services program under chapter 256B, or meets the
criteria for severe emotional disturbance under section 245.4871,
subdivision 6, or for serious and persistent mental
illness under section 245.462, subdivision 20, paragraph (c), good cause also
exists when an interruption in the provision of those services occurs which
prevents the participant from attending orientation;
(4) the caregiver is unable to secure necessary
transportation;
(5) the caregiver is in an emergency situation that
prevents orientation attendance;
(6) the orientation conflicts with the caregiver's
work, training, or school schedule; or
(7) the caregiver documents other verifiable
impediments to orientation attendance beyond the caregiver's control.
(b) Counties must work with clients to provide child
care and transportation necessary to ensure a caregiver has every opportunity
to attend orientation.
Sec. 19.
Minnesota Statutes 2008, section 604A.33, subdivision 1, is amended to
read:
Subdivision 1. Application. This section applies to residential treatment
programs for children or group homes for children licensed under chapter 245A,
residential services and programs for juveniles licensed under section 241.021,
providers licensed pursuant to sections 144A.01 to 144A.33 or sections 144A.43
to 144A.47, personal care provider organizations under section 256B.0655,
subdivision 1g 256B.0659, providers of day training and habilitation
services under sections 252.40 to 252.46, board and lodging facilities licensed
under chapter 157, intermediate care facilities for persons with developmental
disabilities, and other facilities licensed to provide residential services to
persons with developmental disabilities.
Sec. 20.
Minnesota Statutes 2008, section 609.232, subdivision 11, is amended to
read:
Subd. 11. Vulnerable adult. "Vulnerable adult" means any person
18 years of age or older who:
(1) is a resident inpatient of a facility;
(2) receives services at or from a facility required
to be licensed to serve adults under sections 245A.01 to 245A.15, except that a
person receiving outpatient services for treatment of chemical dependency or
mental illness, or one who is committed as a sexual psychopathic personality or
as a sexually dangerous person under chapter 253B, is not considered a
vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider
required to be licensed under section 144A.46; or from a person or organization
that exclusively offers, provides, or arranges for personal care assistant
services under the medical assistance program as authorized under sections
256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and
256B.0653 to 256B.0656 and 256B.0659; or
(4) regardless of residence or whether any type of
service is received, possesses a physical or mental infirmity or other
physical, mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide
adequately for the individual's own care without assistance, including the
provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the
need for assistance, the individual has an impaired ability to protect the
individual from maltreatment.
Sec. 21.
Minnesota Statutes 2008, section 626.5572, subdivision 6, is amended to
read:
Subd. 6. Facility. (a) "Facility" means a hospital or
other entity required to be licensed under sections 144.50 to 144.58; a nursing
home required to be licensed to serve adults under section 144A.02; a
residential or nonresidential facility required to be licensed to serve adults
under sections 245A.01 to 245A.16; a home care provider licensed or required to
be licensed under section 144A.46; a hospice provider licensed under sections
144A.75 to 144A.755; or a person or organization that exclusively offers,
provides, or arranges for personal care assistant services under the medical
assistance program as authorized under sections 256B.04, subdivision 16,
256B.0625, subdivision 19a, 256B.0651, and 256B.0653 to 256B.0656,
and 256B.0659.
(b) For home care providers and personal care
attendants, the term "facility" refers to the provider or person or
organization that exclusively offers, provides, or arranges for personal care
services, and does not refer to the client's home or other location at which
services are rendered.
Sec. 22.
Minnesota Statutes 2008, section 626.5572, subdivision 21, is amended to
read:
Subd. 21. Vulnerable adult. "Vulnerable adult" means any person
18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services at or from a facility required to
be licensed to serve adults under sections 245A.01 to 245A.15, except that a
person receiving outpatient services for treatment of chemical dependency or
mental illness, or one who is served in the Minnesota sex offender program on a
court-hold order for commitment, or is committed as a sexual psychopathic
personality or as a sexually dangerous person under chapter 253B, is not
considered a vulnerable adult unless the person meets the requirements of
clause (4);
(3) receives services from a home care provider
required to be licensed under section 144A.46; or from a person or organization
that exclusively offers, provides, or arranges for personal care assistant
services under the medical assistance program as authorized under sections
256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and
256B.0653 to 256B.0656, and 256B.0659; or
(4) regardless of residence or whether any type of
service is received, possesses a physical or mental infirmity or other physical,
mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide
adequately for the individual's own care without assistance, including the
provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the
need for assistance, the individual has an impaired ability to protect the
individual from maltreatment.
ARTICLE 8
CHEMICAL AND MENTAL HEALTH
Section 1.
Minnesota Statutes 2008, section 245.4885, subdivision 1, is amended to
read:
Subdivision 1. Admission criteria. The county board shall, (a)
Prior to admission, except in the case of emergency admission, determine the
needed level of care for all children referred for treatment of severe
emotional disturbance in a treatment foster care setting, residential treatment
facility, or informally admitted to a regional treatment center shall
undergo an assessment to determine the appropriate level of care if public
funds are used to pay for the services. The
county board shall also determine the needed level of care for all children
admitted to an acute care hospital for treatment of severe emotional
disturbance if public funds other than reimbursement under chapters 256B and
256D are used to pay for the services.
(b) The county board shall determine
the appropriate level of care when county-controlled funds are used to pay for
the services. When the child is enrolled
in a prepaid health program under section 256B.69, the enrolled child's
contracted health plan must determine the appropriate level of care. When the child is an Indian tribal member
seeking placement through the tribe in a tribally operated or contracted
facility, the tribe must determine the appropriate level of care. When more than one entity bears
responsibility for coverage, the entities shall coordinate level of care
determination activities to the extent possible.
(c) The level of care determination shall determine
whether the proposed treatment:
(1) is necessary;
(2) is appropriate to the child's individual treatment
needs;
(3) cannot be effectively provided in the child's
home; and
(4) provides a length of stay as short as possible
consistent with the individual child's need.
(d) When a level of care determination is
conducted, the county board responsible entity may not determine
that referral or admission to a treatment foster care setting, or
residential treatment facility, or acute care hospital is not
appropriate solely because services were not first provided to the child in a
less restrictive setting and the child failed to make progress toward or meet
treatment goals in the less restrictive setting. The level of care determination must be based
on a diagnostic assessment that includes a functional assessment which
evaluates family, school, and community living situations; and an assessment of
the child's need for care out of the home using a validated tool which assesses
a child's functional status and assigns an appropriate level of care. The validated tool must be approved by the
commissioner of human services. If a
diagnostic assessment including a functional assessment has been completed by a
mental health professional within the past 180 days, a new diagnostic
assessment need not be completed unless in the opinion of the current treating
mental health professional the child's mental health status has changed
markedly since the assessment was completed.
The child's parent shall be notified if an assessment will not be
completed and of the reasons. A copy of
the notice shall be placed in the child's file.
Recommendations developed as part of the level of care determination
process shall include specific community services needed by the child and, if
appropriate, the child's family, and shall indicate whether or not these
services are available and accessible to the child and family.
During the level of care determination process, the
child, child's family, or child's legal representative, as appropriate, must be
informed of the child's eligibility for case management services and family
community support services and that an individual family community support plan
is being developed by the case manager, if assigned.
The level of care determination shall comply with
section 260C.212. Wherever possible,
The parent shall be consulted in the process, unless clinically inappropriate
detrimental to the child.
The level of care determination, and placement
decision, and recommendations for mental health services must be documented in
the child's record.
An alternate review process may be
approved by the commissioner if the county board demonstrates that an alternate
review process has been established by the county board and the times of review,
persons responsible for the review, and review criteria are comparable to the
standards in clauses (1) to (4).
Sec. 2.
Minnesota Statutes 2008, section 254A.02, is amended by adding a
subdivision to read:
Subd. 8a.
Placing authority. "Placing authority" means a
county, prepaid health plan, or tribal governing board governed by Minnesota
Rules, parts 9530.6600 to 9530.6655.
Sec. 3.
Minnesota Statutes 2008, section 254A.16, is amended by adding a
subdivision to read:
Subd. 6.
Monitoring. The commissioner shall gather and placing
authorities shall provide information to measure compliance with Minnesota
Rules, parts 9530.6600 to 9530.6655. The
commissioner shall specify the format for data collection to facilitate
tracking, aggregating, and using the information.
Sec. 4.
Minnesota Statutes 2008, section 254B.03, subdivision 1, is amended to
read:
Subdivision 1. Local agency duties. (a) Every local agency shall provide chemical
dependency services to persons residing within its jurisdiction who meet
criteria established by the commissioner for placement in a chemical dependency
residential or nonresidential treatment service. Chemical dependency money must be
administered by the local agencies according to law and rules adopted by the
commissioner under sections 14.001 to 14.69.
(b) In order to contain costs, the county board
shall, with the approval of the commissioner of human services, shall
select eligible vendors of chemical dependency services who can provide
economical and appropriate treatment.
Unless the local agency is a social services department directly
administered by a county or human services board, the local agency shall not be
an eligible vendor under section 254B.05.
The commissioner may approve proposals from county boards to provide
services in an economical manner or to control utilization, with safeguards to
ensure that necessary services are provided.
If a county implements a demonstration or experimental medical services
funding plan, the commissioner shall transfer the money as appropriate. If a county selects a vendor located in
another state, the county shall ensure that the vendor is in compliance with
the rules governing licensure of programs located in the state.
(c) A culturally specific vendor that provides assessments
under a variance under Minnesota Rules, part 9530.6610, shall be allowed to
provide assessment services to persons not covered by the variance.
EFFECTIVE DATE.
This section is effective July 1, 2011.
Sec. 5.
Minnesota Statutes 2008, section 254B.03, subdivision 3, is amended to
read:
Subd. 3. Local agencies to pay state for county
share. Local agencies shall pay the
state for the county share of the services authorized by the local agency,
except when the payment is made according to section 254B.09, subdivision 8.
Sec. 6.
Minnesota Statutes 2008, section 254B.03, is amended by adding a
subdivision to read:
Subd. 9.
Commissioner to select vendors
and set rates. (a) Effective
July 1, 2011, the commissioner shall:
(1) enter into agreements with
eligible vendors that:
(i) meet the standards in section
254B.05, subdivision 1;
(ii) have good standing in all
applicable licensure; and
(iii) have a current approved
provider agreement as a Minnesota health care program provider; and
(2) set rates for services reimbursed
under this chapter.
(b) When setting rates, the
commissioner shall consider the complexity and the acuity of the problems
presented by the client.
(c) When rates set under this section
and rates set under section 254B.09, subdivision 8, apply to the same treatment
placement, section 254B.09, subdivision 8, supersedes.
Sec. 7.
Minnesota Statutes 2008, 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
of a chemical dependency service must participate in the Drug and Alcohol Abuse
Normative Evaluation System and the treatment accountability plan.
Effective January 1, 2000, vendors of room and board
are eligible for chemical dependency fund payment if the vendor:
(1) is certified by the county or tribal governing
body as having has rules prohibiting residents bringing chemicals
into the facility or using chemicals while residing in the facility and provide
consequences for infractions of those rules;
(2) has a current contract with a county or tribal
governing body;
(3) is determined to meet applicable health and safety
requirements;
(4) is not a jail or prison; and
(5) is not concurrently receiving funds under chapter
256I for the recipient.
EFFECTIVE DATE.
This section is effective July 1, 2011.
Sec. 8.
Minnesota Statutes 2008, section 254B.09, subdivision 2, is amended to
read:
Subd. 2. American Indian agreements. The commissioner may enter into agreements
with federally recognized tribal units to pay for chemical dependency treatment
services provided under Laws 1986, chapter 394, sections 8 to 20. The agreements must clarify how the governing
body of the tribal unit fulfills local agency responsibilities regarding:
(1) selection of eligible vendors
under section 254B.03, subdivision 1;
(2) negotiation of agreements that
establish vendor services and rates for programs located on the tribal
governing body's reservation;
(3) (1) the form and manner of invoicing; and
(4) (2) provide that only invoices for eligible
vendors according to section 254B.05 will be included in invoices sent to the
commissioner for payment, to the extent that money allocated under subdivisions
4 and 5 is used.
EFFECTIVE DATE.
This section is effective July 1, 2011.
Sec. 9. [254B.11] MAXIMUM RATES.
The commissioner shall publish
maximum rates for vendors of the consolidated chemical dependency treatment
fund by July 1 of each year for implementation the following January 1. Rates for calendar year 2010 must not exceed
185 percent of the average rate on January 1, 2009, for each group of vendors
with similar attributes. Unless a new
rate methodology is developed under section 254B.12, rates for services provided
on and after July 1, 2011, must not exceed 160 percent of the average rate on
January 1, 2009, for each group of vendors with similar attributes. Payment for services provided by Indian
Health Services or by agencies operated by Indian tribes for medical
assistance-eligible individuals must be governed by the applicable federal rate
methodology.
Sec. 10. [254B.12] RATE METHODOLOGY.
(a) The commissioner shall, with
broad-based stakeholder input, develop a recommendation and present a report to
the 2011 legislature, including proposed legislation for a new rate methodology
for the consolidated chemical dependency treatment fund. The new methodology must replace
county-negotiated rates with a uniform statewide methodology that must include:
(1) a graduated reimbursement scale
based on the patients' level of acuity and complexity; and
(2) beginning July 1, 2012,
retroactive quality incentive payments up to four percent of each provider's
prior-year approved chemical dependency fund claims.
(b) The quality incentive payments
under paragraph (a), clause (2), must be based on each provider's performance
in the prior year relating to certain program criteria, based on best practices
in addiction treatment. The quality
incentive criteria under paragraph (a), clause (2), may include program completion
rates, national outcome measures, program innovations, lack of licensing
violations, and other measures to be determined by the commissioner.
Sec. 11.
Minnesota Statutes 2008, section 256B.0625, subdivision 41, is amended
to read:
Subd. 41. Residential services for children with
severe emotional disturbance.
Medical assistance covers rehabilitative services in accordance with
section 256B.0945 that are provided by a county through a residential
facility under contract with a county or Indian tribe, for children who
have been diagnosed with severe emotional disturbance and have been determined
to require the level of care provided in a residential facility.
Sec. 12.
Minnesota Statutes 2008, section 256B.0625, subdivision 47, is amended
to read:
Subd. 47. Treatment foster care services. Effective July 1, 2007 2011,
and subject to federal approval, medical assistance covers treatment foster
care services according to section 256B.0946.
Sec. 13.
Minnesota Statutes 2008, section 256B.0944, is amended by adding a
subdivision to read:
Subd. 4a.
Alternative provider
standards. If a provider
entity demonstrates that, due to geographic or other barriers, it is not
feasible to provide mobile crisis intervention services 24 hours a day, seven
days a week, according to the standards in subdivision 4, paragraph (b), clause
(1), the commissioner may approve a crisis response provider based on an
alternative plan proposed by a provider entity.
The alternative plan must:
(1) result in increased access and a
reduction in disparities in the availability of crisis services; and
(2) provide mobile services outside
of the usual nine-to-five office hours and on weekends and holidays.
Sec. 14.
Minnesota Statutes 2008, section 256B.0945, subdivision 4, is amended to
read:
Subd. 4. Payment rates. (a) Notwithstanding sections 256B.19 and
256B.041, payments to counties for residential services provided by a
residential facility shall only be made of federal earnings for services
provided under this section, and the nonfederal share of costs for services
provided under this section shall be paid by the county from sources other than
federal funds or funds used to match other federal funds. Payment to counties for services provided
according to this section shall be a proportion of the per day contract rate
that relates to rehabilitative mental health services and shall not include
payment for costs or services that are billed to the IV-E program as room and
board.
(b) Per diem rates paid to providers
under this section by prepaid plans shall be the proportion of the per-day
contract rate that relates to rehabilitative mental health services and shall
not include payment for group foster care costs or services that are billed to
the county of financial responsibility.
(c) (b) The commissioner shall set aside a portion not to
exceed five percent of the federal funds earned for county expenditures under
this section to cover the state costs of administering this section. Any unexpended funds from the set-aside shall
be distributed to the counties in proportion to their earnings under this
section.
(c) The payment rate negotiated and
paid to a provider by prepaid health plans under section 256B.69 for services
under this section must be supplemented by the commissioner from state
appropriations to cover the nontreatment costs at a rate equal to the portion
of the county negotiated per diem attributable to nontreatment service costs
for that provider as determined by the commissioner of human services.
(d) Payment for mental health
rehabilitative services provided under this section by or under contract with
an Indian tribe or tribal organization or by agencies operated by or under
contract with an Indian tribe or tribal organization may be made according to
section 256B.0625, subdivision 34, or other relevant federally approved rate
setting methodology.
Sec. 15.
Minnesota Statutes 2008, section 256B.0947, subdivision 1, is amended to
read:
Subdivision 1. Scope.
Subject to federal approval Effective November 1, 2010, and
subject to federal approval, medical assistance covers medically necessary,
intensive nonresidential rehabilitative mental health services as defined in
subdivision 2, for recipients as defined in subdivision 3, when the services
are provided by an entity meeting the standards in this section.
Sec. 16.
Minnesota Statutes 2008, section 256B.761, is amended to read:
256B.761 REIMBURSEMENT
FOR MENTAL HEALTH SERVICES.
(a) Effective for services rendered on or after July 1,
2001, payment for medication management provided to psychiatric patients,
outpatient mental health services, day treatment services, home-based mental
health services, and family community support services shall be paid at the
lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of
1999 charges.
(b) Effective July 1, 2001, the medical assistance
rates for outpatient mental health services provided by an entity that
operates: (1) a Medicare-certified
comprehensive outpatient rehabilitation facility; and (2) a facility that was
certified prior to January 1, 1993, with at least 33 percent of the clients
receiving rehabilitation services in the most recent calendar year who are
medical assistance recipients, will be increased by 38 percent, when those services
are provided within the comprehensive outpatient rehabilitation facility and
provided to residents of nursing facilities owned by the entity.
(c) Effective January 1, 2010, the
rate for partial hospitalization for children is increased to equal the rate
for partial hospitalization for adults.
Sec. 17. AUTISM SPECTRUM DISORDER JOINT TASK
FORCE.
(a) The Autism Spectrum Disorder
Joint Task Force is composed of 25 members, appointed as follows:
(1) two members of the senate, one
appointed by the majority leader and one appointed by the minority leader;
(2) two members of the house of
representatives, one from the majority party, appointed by the speaker of the
house, and one from the minority party, appointed by the minority leader; and
(3) 11 public members appointed by
the legislature, with regard to geographic diversity in the state, with the
senate Subcommittee on Committees of the Committee on Rules and Administration
making the appointments for the senate, and the speaker of the house making the
appointments for the house:
(i) three members who are parents of
children with autism spectrum disorder (ASD), two of whom shall be appointed by
the senate, and one of whom shall be appointed by the house;
(ii) two members who have ASD, one of
whom shall be appointed by the senate, and one by the house;
(iii) one member representing an
agency that provides residential housing services to individuals with ASD,
appointed by the house;
(iv) one member representing an
agency that provides employment services to individuals with ASD, appointed by
the senate;
(v) one member who is a behavior
analyst, appointed by the house;
(vi) two members who are providers of
ASD therapy, with one member appointed by the senate and one member appointed
by the house; and
(vii) one member who is a director of
public school student support services;
(4) two members appointed by the
Minnesota chapter of the American Academy of Pediatrics, one who is a
developmental behavioral pediatrician and one who is a general pediatrician;
(5) one member appointed by the
Minnesota Psychological Society who is a neuropsychologist;
(6) one member appointed by the
Association of Minnesota Counties;
(7) one member appointed by the
Minnesota Association of School Administrators;
(8) one member appointed by the
Somali American Autism Foundation;
(9) one member appointed by the ARC
of Minnesota;
(10) one member appointed by the
Autism Society of Minnesota;
(11) one member appointed by the
Parent Advocacy Coalition for Educational Rights; and
(12) one member appointed by the
Minnesota Council of Health Plans.
Appointments must be made by September 1, 2009. The Legislative Coordinating Commission shall
provide meeting space for the task force.
The senate member appointed by the minority leader of the senate shall
convene the first meeting of the task force no later than October 1, 2009. The task force shall elect a chair from among
the public members at the first meeting.
(b) The commissioners of education,
employment and economic development, health, and human services shall provide
assistance to the task force, including providing the task force with a count
of children who have ASD with an individual education program or an individual
family service plan and children with ASD who have a 504 plan. Additionally, the commissioner of human
services shall submit a count of the adults with ASD enrolled in social service
programs and the number of individuals with ASD who are enrolled in medical
assistance and other waiver programs.
(c) The task force shall develop
recommendations and report on the following topics:
(1) ways to improve services provided
by all state and political subdivisions;
(2) sources of public and private
funding available for treatment and ways to improve efficiency in the use of
these funds;
(3) methods to improve coordination in
the delivery of service between public and private agencies, health providers,
and schools;
(4) increasing the availability of and
the training for medical providers and educators who identify and provide
services to individuals with ASD;
(5) ways to enhance Minnesota's role
in ASD research and delivery of service;
(6) methods to educate parents, family
members, and the public on ASD and the available services; and
(7) treatment options supported by
peer-reviewed, established scientific research for individuals with ASD.
(d) The task force shall coordinate
with existing efforts at the Departments of Education, Health, Human Services,
and Employment and Economic Development related to ASD.
(e) By January 15 of each year, the
task force shall provide a report regarding its findings and consideration of
the topics listed under paragraph (c), and the action taken under paragraph
(d), including draft legislation if necessary, to the chairs and ranking
minority members of the legislative committees with jurisdiction over health
and human services.
EFFECTIVE DATE.
This section is effective July 1, 2009, and expires June 30, 2011.
Sec. 18. LAND SALE; MORATORIUM.
Surplus land surrounding the
Anoka-Metro Regional Treatment Center must not be sold for five years.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 19. STATE-COUNTY CHEMICAL HEALTH CARE HOME
PILOT PROJECT.
Subdivision 1.
Establishment; purpose. There is established a state-county
chemical health care home pilot project.
The purpose of the pilot project is for the Department of Human Services
and counties to work in partnership to redesign the current chemical health
delivery system to promote greater accountability, productivity, and results in
the delivery of state chemical dependency services. The pilot project must look to promote
appropriate flexibility in a way that better aligns systems and services to
offer the most appropriate level of chemical
health care services to the
client. This may include, but is not
limited to, developing new governance agreements, performance agreements, or
service level agreements. The pilot
projects must maintain eligibility levels under the current programmatic
entitlement structure, continue to meet the requirements of Rule 25 and Rule
31, and must not put at risk current and future federal funding toward chemical
health-related services in Minnesota.
Subd. 2.
Work group. A work group must be convened on or before
July 1, 2009, consisting of representatives from the Department of Human
Services and participating counties to develop final proposals for pilot
projects meeting the requirements of this section. This work group must focus its efforts on the
need for systems change, mandate and waiver relief, payment reform or other
funding options, and outcomes. The work
group must report back to the legislative committees having jurisdiction over
chemical health by January 15, 2010, for final approval of pilot projects to be
implemented starting July 10, 2010.
Subd. 3.
Report. The Department of Human Services shall
report back to the legislative committees having jurisdiction over chemical
health by January 15, 2011, evaluating the effectiveness of pilot projects,
including recommendations for how to implement the pilot projects on a
statewide basis.
Subd. 4.
Expiration. These pilot projects expire ......
EFFECTIVE DATE.
This section is effective the day following final enactment.
ARTICLE 9
CONTINUING CARE
Section 1.
Minnesota Statutes 2008, section 144.0724, subdivision 2, is amended to
read:
Subd. 2. Definitions. For purposes of this section, the following
terms have the meanings given.
(a) "Assessment reference date" means the
last day of the minimum data set observation period. The date sets the designated endpoint of the
common observation period, and all minimum data set items refer back in time
from that point.
(b) "Case mix index" means the weighting
factors assigned to the RUG-III classifications.
(c) "Index maximization" means classifying a
resident who could be assigned to more than one category, to the category with
the highest case mix index.
(d) "Minimum data set" means the assessment
instrument specified by the Centers for Medicare and Medicaid Services and
designated by the Minnesota Department of Health.
(e) "Representative" means a person who is
the resident's guardian or conservator, the person authorized to pay the
nursing home expenses of the resident, a representative of the nursing home
ombudsman's office whose assistance has been requested, or any other individual
designated by the resident.
(f) "Resource utilization groups" or
"RUG" means the system for grouping a nursing facility's residents
according to their clinical and functional status identified in data supplied
by the facility's minimum data set.
(g) "Activities of daily
living" means grooming, dressing, bathing, transferring, mobility,
positioning, eating, and toileting.
(h) "Nursing facility level of
care determination" means the assessment process that results in a
determination of a resident's or prospective resident's need for nursing
facility level of care as established in subdivision 11 for purposes of medical
assistance payment of long-term care services for:
(1) nursing facility services under
section 256B.434 or 256B.441;
(2) elderly waiver services under
section 256B.0915;
(3) CADI and TBI waiver services
under section 256B.49; and
(4) state payment of alternative care
services under section 256B.0913.
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 2.
Minnesota Statutes 2008, section 144.0724, subdivision 4, is amended to
read:
Subd. 4. Resident assessment schedule. (a) A facility must conduct and electronically
submit to the commissioner of health case mix assessments that conform with the
assessment schedule defined by Code of Federal Regulations, title 42, section
483.20, and published by the United States Department of Health and Human
Services, Centers for Medicare and Medicaid Services, in the Long Term Care
Assessment Instrument User's Manual, version 2.0, October 1995, and subsequent
clarifications made in the Long-Term Care Assessment Instrument Questions and
Answers, version 2.0, August 1996. The
commissioner of health may substitute successor manuals or question and answer
documents published by the United States Department of Health and Human
Services, Centers for Medicare and Medicaid Services, to replace or supplement
the current version of the manual or document.
(b) The assessments used to determine a case mix
classification for reimbursement include the following:
(1) a new admission assessment must be completed by
day 14 following admission;
(2) an annual assessment must be completed within 366
days of the last comprehensive assessment;
(3) a significant change assessment must be completed
within 14 days of the identification of a significant change; and
(4) the second quarterly assessment following either a
new admission assessment, an annual assessment, or a significant change
assessment, and all quarterly assessments beginning October 1, 2006. Each quarterly assessment must be completed
within 92 days of the previous assessment.
(c) In addition to the assessments
listed in paragraph (b), the assessments used to determine nursing facility
level of care include the following:
(1) preadmission screening completed
under section 256B.0911, subdivision 4a, by a county, tribe, or managed care
organization under contract with the Department of Human Services; and
(2) a face-to-face long-term care
consultation assessment completed under section 256B.0911, subdivision 3a, 3b,
or 4d, by a county, tribe, or managed care organization under contract with the
Department of Human Services.
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 3.
Minnesota Statutes 2008, section 144.0724, subdivision 8, is amended to
read:
Subd. 8. Request for reconsideration of resident
classifications. (a) The resident,
or resident's representative, or the nursing facility or boarding care home may
request that the commissioner of health reconsider the assigned reimbursement
classification. The request for
reconsideration must be submitted in writing to the commissioner within 30 days
of the day the resident or the resident's representative receives the resident
classification notice. The request for
reconsideration must include the name of the resident, the name and address of
the facility in which the resident 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 which establishes that the needs of the resident at the time of
the assessment justify a classification which is different than the
classification established by the commissioner of health.
(b) Upon request, the nursing facility must give the
resident or the resident's representative a copy of the assessment form and the
other documentation that was given to the commissioner of health to support the
assessment findings. The nursing
facility shall also provide access to and a copy of other information from the
resident's record that has been requested by or on behalf of the resident to
support a resident's reconsideration request.
A copy of any requested material must be provided within three working
days of receipt of a written request for the information. If a facility fails to provide the material
within this time, it is subject to the issuance of a correction order and
penalty assessment under sections 144.653 and 144A.10. Notwithstanding those sections, any
correction order issued under this subdivision must require that the nursing
facility immediately comply with the request for information and that as of the
date of the issuance of the correction order, the facility shall forfeit to the
state a $100 fine for the first day of noncompliance, and an increase in the
$100 fine by $50 increments for each day the noncompliance continues.
(c) In addition to the information required under
paragraphs (a) and (b), a reconsideration request from a nursing facility must
contain the following information: (i)
the date the reimbursement classification notices were received by the
facility; (ii) the date the classification notices were distributed to the
resident or the resident's representative; and (iii) a copy of a notice sent to
the resident or to the resident's representative. This notice must inform the resident or the
resident's representative that a reconsideration of the resident's
classification is being requested, the reason for the request, that the
resident's rate will change if the request is approved by the commissioner, the
extent of the change, that copies of the facility's request and supporting
documentation are available for review, and that the resident also has the
right to request a reconsideration. If
the facility fails to provide the required information with the reconsideration
request, the request must be denied, and the facility may not make further
reconsideration requests on that specific reimbursement classification.
(d) Reconsideration by the commissioner must be made
by individuals not involved in reviewing the assessment, audit, or
reconsideration that established the disputed classification. The reconsideration must be based upon the
initial assessment and upon the information provided to the commissioner under
paragraphs (a) and (b). If necessary for
evaluating the reconsideration request, the commissioner may conduct on-site
reviews. Within 15 working days of
receiving the request for reconsideration, the commissioner shall affirm or
modify the original resident classification.
The original classification must be modified if the commissioner determines
that the assessment resulting in the classification did not accurately reflect
the needs or assessment characteristics of the resident at the time of the
assessment. The resident and the nursing
facility or boarding care home shall be notified within five working days after
the decision is made. A decision by the
commissioner under this subdivision is the final administrative decision of the
agency for the party requesting reconsideration.
(e) The resident classification established by the commissioner
shall be the classification that applies to the resident while the request for
reconsideration is pending. If a
request for reconsideration applies to an assessment used to determine nursing
facility level of care under subdivision 4, paragraph (c), the resident shall
continue to be eligible for nursing facility level of care while the request
for reconsideration is pending.
(f) The commissioner may request additional
documentation regarding a reconsideration necessary to make an accurate reconsideration
determination.
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 4.
Minnesota Statutes 2008, section 144.0724, is amended by adding a
subdivision to read:
Subd. 11.
Nursing facility level of
care. (a) For purposes of
medical assistance payment of long-term care services, a recipient must be
determined, using assessments defined in subdivision 4, to meet one of the
following nursing facility level of care criteria:
(1) the person needs the assistance
of another person or constant supervision to begin and complete at least four
of the following activities of living: bathing, bed mobility, dressing, eating,
grooming, toileting, transferring, and walking;
(2) the person needs the assistance
of another person or constant supervision to begin and complete toileting,
transferring, or positioning and the assistance cannot be scheduled;
(3) the person has significant
difficulty with memory, using information, daily decision making, or behavioral
needs that require intervention;
(4) the person has had a qualifying
nursing facility stay of at least 90 days; or
(5) the person is determined to be at
risk for nursing facility admission or readmission through a face-to-face
long-term care consultation assessment as specified in section 256B.0911,
subdivision 3a, 3b, or 4d, by a county, tribe, or managed care organization
under contract with the Department of Human Services. The person is considered at risk under this
clause if the person currently lives alone or will live alone upon discharge
and also meets one of the following criteria:
(i) the person has experienced a fall
resulting in a fracture;
(ii) the person has been determined
to be at risk of maltreatment or neglect, including self-neglect; or
(iii) the person has a sensory impairment
that substantially impacts functional ability and maintenance of a community
residence.
(b) The assessment used to establish
medical assistance payment for nursing facility services must be the most
recent assessment performed under subdivision 4, paragraph (b), that occurred
no more than 90 calendar days before the effective date of medical assistance
eligibility for payment of long-term care services. In no case shall medical assistance payment
for long-term care services occur prior to the date of the determination of
nursing facility level of care.
(c) The assessment used to establish
medical assistance payment for long-term care services provided under sections
256B.0915 and 256B.49 and alternative care payment for services provided under
section 256B.0913 must be the most recent face-to-face assessment performed
under subdivision 4, paragraph (c), clause (2), that occurred no more than 60
calendar days before the effective date of medical assistance eligibility for
payment of long-term care services.
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 5.
Minnesota Statutes 2008, section 144.0724, is amended by adding a
subdivision to read:
Subd. 12.
Appeal of nursing facility
level of care determination. A
resident or prospective resident whose level of care determination results in a
denial of long-term care services can appeal the determination as outlined in
section 256B.0911, subdivision 3a, paragraph (h), clause (7).
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 6.
Minnesota Statutes 2008, section 144A.073, is amended by adding a
subdivision to read:
Subd. 12.
Extension of approval of
moratorium exception projects. Notwithstanding
subdivision 3, the commissioner of health shall extend project approval by an
additional 18 months for an approved proposal for an exception to the nursing
home licensure and certification moratorium if the proposal was approved under
this section between July 1, 2007, and June 30, 2009.
Sec. 7.
Minnesota Statutes 2008, section 144A.44, subdivision 2, is amended to
read:
Subd. 2. Interpretation and enforcement of rights. These rights are established for the benefit
of persons who receive home care services. "Home care services" means
home care services as defined in section 144A.43, subdivision 3, and
unlicensed personal care assistance services, including services covered by
medical assistance under section 256B.0625, subdivision 19a. A home care provider may not require a person
to surrender these rights as a condition of receiving services. A guardian or conservator or, when there is
no guardian or conservator, a designated person, may seek to enforce these
rights. This statement of rights does
not replace or diminish other rights and liberties that may exist relative to
persons receiving home care services, persons providing home care services, or
providers licensed under Laws 1987, chapter 378. A copy of these rights must be provided to an
individual at the time home care services, including personal care assistance
services, are initiated. The copy
shall also contain the address and phone number of the Office of Health
Facility Complaints and the Office of Ombudsman for Long-Term Care and a brief
statement describing how to file a complaint with these offices. Information about how to contact the Office
of Ombudsman for Long-Term Care shall be included in notices of change in
client fees and in notices where home care providers initiate transfer or
discontinuation of services.
Sec. 8.
Minnesota Statutes 2008, section 245A.03, is amended by adding a
subdivision to read:
Subd. 7.
Licensing moratorium. (a) The commissioner shall not issue an
initial license for child foster care licensed under Minnesota Rules, parts
2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules,
parts 9555.5105 to 9555.6265, under this chapter for a physical location that
will not be the primary residence of the license holder for the entire period
of licensure. If a license is issued
during this moratorium, and the license holder changes the license holder's
primary residence away from the physical location of the foster care license,
the commissioner shall revoke the license according to section 245A.07. Exceptions to the moratorium include:
(1) foster care settings that are
required to be registered under chapter 144D;
(2) foster care licenses replacing
foster care licenses in existence on the effective date of this section and
determined to be needed by the commissioner under paragraph (b);
(3) new foster care licenses
determined to be needed by the commissioner under paragraph (b) for the closure
of a nursing facility, ICF/MR, or regional treatment center;
(4) new foster care licenses
determined to be needed by the commissioner under paragraph (b) for persons
requiring hospital level of care;
(5) new foster care licenses
determined to be needed by the commissioner for the transition of people from
personal care assistance to the home and community-based services; or
(6) new foster care residences in development
that have received county approval prior to June 1, 2009, but may not have
received a license from the commissioner for the actual residence.
(b) The commissioner shall determine
the need for newly licensed foster care homes as defined under this
subdivision. As part of the
determination, the commissioner shall consider the availability of foster care
capacity in the area which the licensee seeks to operate, and the
recommendation of the local county board.
The determination by the commissioner must be final. A determination of need is not required for a
change in ownership at the same address.
(c) Residential settings that would
otherwise fall under the moratorium established in paragraph (a), that are in
the process of receiving an adult or child foster care license as of July 1,
2009, must be able to continue to complete the process of receiving an adult or
child foster care license. For purposes
of this paragraph, all of the following conditions must be met to be considered
in the process of receiving an adult or child foster care license:
(1) participants have made decisions
to move into the residential setting, including documentation in each
participant's care plans;
(2) the provider has purchased
housing or has made a financial investment in the property;
(3) the lead agency has approved the
plans, including costs for the residential setting for each individual;
(4) the completion of the licensing
process, including all necessary inspections, is the only remaining component
prior to being able to provide services; and
(5) the needs of the individuals
cannot be met within the existing capacity in that county.
To qualify for the process under this paragraph, the lead
agency must submit documentation to the commissioner by August 1, 2009, that
all of the criteria in this paragraph are met.
(d) The commissioner shall study the
effects of the license moratorium under this subdivision and shall report back
to the legislature by January 15, 2011.
EFFECTIVE DATE.
This section is effective July 1, 2011.
Sec. 9.
Minnesota Statutes 2008, section 245A.11, is amended by adding a
subdivision to read:
Subd. 8.
Community residential setting
license. (a) The commissioner
shall establish provider standards for residential support services that
integrate service standards and the residential setting under one license. The commissioner shall propose statutory
language and an implementation plan for licensing requirements for residential
support services to the legislature by January 15, 2011.
(b) Providers licensed under chapter
245B, and providing, contracting, or arranging for services in settings
licensed as adult foster care under Minnesota Rules, parts 9555.5105 to
9555.6265, or child foster care under Minnesota Rules, parts 2960.3000 to
2960.3340; and meeting the provisions of section 256B.092, subdivision 11,
paragraph (b), must be required to obtain a community residential setting
license.
Sec. 10.
Minnesota Statutes 2008, section 252.46, is amended by adding a
subdivision to read:
Subd. 1a.
Day training and habilitation
rates. The commissioner shall
establish a statewide rate-setting methodology for all day training and
habilitation services. The rate-setting
methodology must abide by the principles of transparency and equitability
across the state. The methodology must
involve a uniform process of structuring rates for each service and must
promote quality and participant choice.
Sec. 11.
Minnesota Statutes 2008, section 252.50, subdivision 1, is amended to
read:
Subdivision 1. Community-based programs established. The commissioner shall establish a system of
state-operated, community-based programs for persons with developmental
disabilities. For purposes of this
section, "state-operated, community-based program" means a program
administered by the state to provide treatment and habilitation in
noninstitutional community settings to persons with developmental
disabilities. Employees of the programs,
except clients who work within and benefit from these treatment and habilitation
programs, must be state employees under chapters 43A and 179A. Although any clients who work within and
benefit from these treatment and habilitation programs are not employees under
chapters 43A and 179A, the Department of Human Services may consider clients
who work within and benefit from these programs employees for federal tax
purposes. The establishment of
state-operated, community-based programs must be within the context of a
comprehensive definition of the role of state-operated services in the
state. The role of state-operated
services must be defined within the context of a comprehensive system of
services for persons with developmental disabilities. State-operated, community-based programs may
include, but are not limited to, community group homes, foster care, supportive
living services, day training and habilitation programs, and respite care
arrangements. The commissioner may
operate the pilot projects established under Laws 1985, First Special Session
chapter 9, article 1, section 2, subdivision 6, and shall, within the limits of
available appropriations, establish additional state-operated, community-based
programs for persons with developmental disabilities. State-operated, community-based programs may
accept admissions from regional treatment centers, from the person's own home,
or from community programs.
State-operated, community-based programs offering day program services
may be provided for persons with developmental disabilities who are living in
state-operated, community-based residential programs until July 1, 2000. No later than 1994, the commissioner,
together with family members, counties, advocates, employee representatives,
and other interested parties, shall begin planning so that by July 1, 2000,
state-operated, community-based residential facilities will be in compliance
with section 252.41, subdivision 9.
Sec. 12.
Minnesota Statutes 2008, section 256.01, is amended by adding a
subdivision to read:
Subd. 29.
State medical review team. (a) To ensure the timely processing of
determinations of disability by the commissioner's state medical review team
under sections 256B.055, subdivision 7, paragraph (b), and 256B.057,
subdivision 9, paragraph (j), the commissioner shall review all medical
evidence submitted by county agencies with a referral and seek additional
information from providers, applicants, and enrollees to support the
determination of disability where necessary.
(b) Prior to a denial or withdrawal
of a requested determination of disability due to insufficient evidence, the
commissioner shall (1) ensure that the missing evidence is necessary and
appropriate to a determination of disability, and (2) assist applicants and
enrollees to obtain the evidence, including, but not limited to, medical
examinations and electronic medical records.
(c) The commissioner shall provide
the chairs of the legislative committees with jurisdiction over health and
human services finance and budget the following information on the activities
of the state medical review team by February 1, 2010, and annually thereafter:
(1) the number of applications to the
state medical review team that were denied, approved, or withdrawn;
(2) the average length of time from
receipt of the application to a decision;
(3) the number of appeals and appeal
results;
(4) for applicants, their age, health
coverage at the time of application, hospitalization history within three
months of application, and whether an application for Social Security or
Supplemental Security Income benefits is pending; and
(5) specific information on the
medical certification, licensure, or other credentials of the person or persons
performing the medical review determinations and length of time in that
position.
Sec. 13. [256.0281] INTERAGENCY DATA EXCHANGE.
The Department of Human Services, the
Department of Health, and the Office of the Ombudsman for Mental Health and
Developmental Disabilities may establish interagency agreements governing the
electronic exchange of data on providers and individuals collected, maintained,
or used by each agency when such exchange is outlined by each agency in an
interagency agreement to accomplish the purposes in clauses (1) to (4):
(1) to improve provider enrollment
processes for home and community-based services and state plan home care
services;
(2) to improve quality management of
providers between state agencies;
(3) to establish and maintain
provider eligibility to participate as providers under Minnesota health care
programs; and
(4) to meet the quality assurance
reporting requirements under federal law under section 1915(c) of the Social
Security Act related to home and community-based waiver programs.
Each interagency agreement must include provisions to ensure
anonymity of individuals, including mandated reporters, and must outline the specific
uses of and access to shared data within each agency. Electronic interfaces between source data
systems developed under these interagency agreements must incorporate these
provisions as well as other HIPPA provisions related to individual data.
Sec. 14.
Minnesota Statutes 2008, section 256.476, subdivision 5, is amended to
read:
Subd. 5. Reimbursement, allocations, and reporting. (a) For the purpose of transferring persons
to the consumer support grant program from the family support program and
personal care assistant services, home health aide services, or private duty
nursing services, the amount of funds transferred by the commissioner between
the family support program 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 monthly
grant levels allowed under subdivision 11; 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 monthly grant
levels associated with those persons or service openings, to the consumer
support grant program.
(c) The amount of funds transferred by the
commissioner from the medical assistance account for an individual may be
changed if it is determined by the county or its agent that the individual's
need for support has changed.
(d) The authority to utilize funds transferred to the
consumer support grant account for the purposes of implementing and
administering the consumer support grant program will not be limited or
constrained by the spending authority provided to the program of origination.
(e) The commissioner may use up to five percent of
each county's allocation, as adjusted, for payments for administrative
expenses, to be paid as a proportionate addition to reported direct service
expenditures.
(f) The county allocation for each person or the
person's legal representative or other authorized representative cannot exceed
the amount allowed under subdivision 11.
(g) 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.
(h) Grant funds unexpended by consumers shall return
to the state once a year. The annual
return of unexpended grant funds shall occur in the quarter following the end
of the state fiscal year.
Sec. 15.
Minnesota Statutes 2008, section 256.476, subdivision 11, is amended to
read:
Subd. 11. Consumer support grant program after July
1, 2001. (a) Effective July
1, 2001, the commissioner shall allocate consumer support grant resources to
serve additional individuals based on a review of Medicaid authorization and
payment information of persons eligible for a consumer support grant from the
most recent fiscal year. The
commissioner shall use the following methodology to calculate maximum allowable
monthly consumer support grant levels:
(1) For individuals whose program of origination is
medical assistance home care under sections 256B.0651 and 256B.0653 to
256B.0656, the maximum allowable monthly grant levels are calculated by:
(i) determining the nonfederal share 50
percent of the average service authorization for each home care rating;
(ii) calculating the overall ratio of actual payments
to service authorizations by program;
(iii) applying the overall ratio to the average
service authorization level of each home care rating;
(iv) adjusting the result for any authorized rate
increases provided by the legislature; and
(v) adjusting the result for the average monthly
utilization per recipient.
(2) The commissioner may review and evaluate the
methodology to reflect changes in the home care program's overall ratio of
actual payments to service authorizations programs.
(b) Effective January 1, 2004,
persons previously receiving exception grants will have their grants calculated
using the methodology in paragraph (a), clause (1). If a person currently receiving an exception
grant wishes to have their home care rating reevaluated, they may request an
assessment as defined in section 256B.0651, subdivision 1, paragraph (b).
Sec. 16.
Minnesota Statutes 2008, section 256.975, subdivision 7, is amended to
read:
Subd. 7. Consumer information and assistance; senior
linkage. (a) The Minnesota Board on
Aging shall operate a statewide information and assistance service to aid older
Minnesotans and their families in making informed choices about long-term care
options and health care benefits.
Language services to persons with limited English language skills may be
made available. The service, known as Senior
LinkAge Line, must be available during business hours through a statewide
toll-free number and must also be available through the Internet.
(b) The service must assist provide long-term
care options counseling by assisting older adults, caregivers, and
providers in accessing information about choices in long-term care services
that are purchased through private providers or available through public
options. The service must:
(1) develop a comprehensive database that includes
detailed listings in both consumer- and provider-oriented formats;
(2) make the database accessible on the Internet and
through other telecommunication and media-related tools;
(3) link callers to interactive long-term care
screening tools and make these tools available through the Internet by
integrating the tools with the database;
(4) develop community education materials with a focus
on planning for long-term care and evaluating independent living, housing, and
service options;
(5) conduct an outreach campaign to assist older adults
and their caregivers in finding information on the Internet and through other
means of communication;
(6) implement a messaging system for overflow callers
and respond to these callers by the next business day;
(7) link callers with county human services and other
providers to receive more in-depth assistance and consultation related to
long-term care options;
(8) link callers with quality profiles for nursing
facilities and other providers developed by the commissioner of health; and
(9) incorporate information about housing with services
and consumer rights within the MinnesotaHelp.info network long-term care
database to facilitate consumer comparison of services and costs among housing
with services establishments and with other in-home services and to support
financial self-sufficiency as long as possible.
Housing with services establishments and their arranged home care
providers shall provide information to the commissioner of human services
that is consistent with information required by the commissioner of health
under section 144G.06, the Uniform Consumer Information Guide price and
other information requested by the commissioner of human services regarding
rents and services. The commissioners of
human services and health shall align the data elements required by this
section, and section 144G.06, the Uniform Consumer Information Guide, to
provide consumers standardized information and ease of comparison of long-term
care options. The commissioner of
human services shall provide the data to the Minnesota Board on Aging for
inclusion in the MinnesotaHelp.info network long-term care database.;
and
(10) provide long-term care options
counseling. Long-term care options
counselors shall:
(i) for individuals not eligible for
case management under a public program or public funding source, provide
interactive decision support whereby consumers, family members, or other
helpers are supported in their deliberations to determine appropriate long-term
care choices in the context of the consumer's needs, preferences, values, and
individual circumstances including implementing a community support plan;
(ii) provide Web-based educational
information and collateral written materials to familiarize consumers, family
members, or other helpers with the long-term care basics, issues to be
considered, and the range of options available in the community;
(iii) provide long-term care futures
planning defined as providing assistance to individuals who anticipate having
long-term care needs to develop a plan for the more distant future; and
(iv) provide expertise in benefits and
financing options for long-term care including Medicare, long-term care
insurance, tax or employer-based incentives, reverse mortgages, private pay options,
and ways to access low or no-cost services or benefits through volunteer-based
or charitable programs.
(c) The Minnesota Board on Aging shall conduct an
evaluation of the effectiveness of the statewide information and assistance,
and submit this evaluation to the legislature by December 1, 2002. The evaluation must include an analysis of
funding adequacy, gaps in service delivery, continuity in information between
the service and identified linkages, and potential use of private funding to
enhance the service.
Sec. 17.
Minnesota Statutes 2008, section 256B.055, subdivision 7, is amended to
read:
Subd. 7. Aged, blind, or disabled persons. (a) Medical assistance may be paid for
a person who meets the categorical eligibility requirements of the supplemental
security income program or, who would meet those requirements except for excess
income or assets, and who meets the other eligibility requirements of this
section.
(b) Following a determination that the
applicant is not aged or blind and does not meet any other category of
eligibility for medical assistance and has not been determined disabled by the
Social Security Administration, applicants under this subdivision shall be
referred to the commissioner's state medical review team for a determination of
disability. Disability shall be
determined according to the rules of title XVI and title XIX of the Social
Security Act and pertinent rules and policies of the Social Security
Administration.
Sec. 18.
Minnesota Statutes 2008, section 256B.057, subdivision 9, is amended to
read:
Subd. 9. Employed persons with disabilities. (a) Medical assistance may be paid for a
person who is employed and who:
(1) meets the definition of disabled under the
supplemental security income program;
(2) is at least 16 but less than 65 years of age;
(3) meets the asset limits in paragraph (c); and
(4) effective November 1, 2003, pays a premium and
other obligations under paragraph (e).
Any spousal income or assets shall be disregarded for purposes
of eligibility and premium determinations.
(b) After the month of enrollment, a person enrolled in
medical assistance under this subdivision who:
(1) is temporarily unable to work and without receipt
of earned income due to a medical condition, as verified by a physician, may
retain eligibility for up to four calendar months; or
(2) effective January 1, 2004, loses employment for
reasons not attributable to the enrollee, may retain eligibility for up to four
consecutive months after the month of job loss.
To receive a four-month extension, enrollees must verify the medical
condition or provide notification of job loss.
All other eligibility requirements must be met and the enrollee must pay
all calculated premium costs for continued eligibility.
(c) For purposes of determining eligibility under this
subdivision, a person's assets must not exceed $20,000, excluding:
(1) all assets excluded under section 256B.056;
(2) retirement accounts, including individual
accounts, 401(k) plans, 403(b) plans, Keogh plans, and pension plans; and
(3) medical expense accounts set up through the
person's employer.
(d)(1) Effective January 1, 2004, for purposes of
eligibility, there will be a $65 earned income disregard. To be eligible, a person applying for medical
assistance under this subdivision must have earned income above the disregard
level.
(2) Effective January 1, 2004, to be considered earned
income, Medicare, Social Security, and applicable state and federal income
taxes must be withheld. To be eligible,
a person must document earned income tax withholding.
(e)(1) A person whose earned and unearned income is
equal to or greater than 100 percent of federal poverty guidelines for the
applicable family size must pay a premium to be eligible for medical assistance
under this subdivision. The premium
shall be based on the person's gross earned and unearned income and the
applicable family size using a sliding fee scale established by the
commissioner, which begins at one percent of income at 100 percent of the
federal poverty guidelines and increases to 7.5 percent of income for those
with incomes at or above 300 percent of the federal poverty guidelines. Annual adjustments in the premium schedule
based upon changes in the federal poverty guidelines shall be effective for premiums
due in July of each year.
(2) Effective January 1, 2004, all enrollees must pay
a premium to be eligible for medical assistance under this subdivision. An enrollee shall pay the greater of a $35
premium or the premium calculated in clause (1).
(3) Effective November 1, 2003, all enrollees who
receive unearned income must pay one-half of one percent of unearned income in
addition to the premium amount.
(4) Effective November 1, 2003, for enrollees whose
income does not exceed 200 percent of the federal poverty guidelines and who
are also enrolled in Medicare, the commissioner must reimburse the enrollee for
Medicare Part B premiums under section 256B.0625, subdivision 15, paragraph
(a).
(5) Increases in benefits under title II of the Social
Security Act shall not be counted as income for purposes of this subdivision
until July 1 of each year.
(f) A person's eligibility and premium shall be
determined by the local county agency.
Premiums must be paid to the commissioner. All premiums are dedicated to the
commissioner.
(g) Any required premium shall be determined at
application and redetermined at the enrollee's six-month income review or when
a change in income or household size is reported. Enrollees must report any change in income or
household size within ten days of when the change occurs. A decreased premium resulting from a reported
change in income or household size shall be effective the first day of the next
available billing month after the change is reported. Except for changes occurring from annual
cost-of-living increases, a change resulting in an increased premium shall not
affect the premium amount until the next six-month review.
(h) Premium payment is due upon notification from the
commissioner of the premium amount required.
Premiums may be paid in installments at the discretion of the
commissioner.
(i) Nonpayment of the premium shall result in denial
or termination of medical assistance unless the person demonstrates good cause
for nonpayment. Good cause exists if the
requirements specified in Minnesota Rules, part 9506.0040, subpart 7, items B
to D, are met. Except when an
installment agreement is accepted by the commissioner, all persons disenrolled
for nonpayment of a premium must pay any past due premiums as well as current
premiums due prior to being reenrolled.
Nonpayment shall include payment with a returned, refused, or dishonored
instrument. The commissioner may require
a guaranteed form of payment as the only means to replace a returned, refused,
or dishonored instrument.
(j) Following a determination that
the applicant is not aged or blind and does not meet any other category of
eligibility for medical assistance and has not been determined disabled by the
Social Security Administration, applicants under this subdivision shall be
referred to the commissioner's state medical review team for a determination of
disability. Disability shall be
determined according to the rules of title XVI and title XIX of the Social Security
Act and pertinent rules and policies of the Social Security Administration.
Sec. 19.
Minnesota Statutes 2008, section 256B.0625, subdivision 7, is amended to
read:
Subd. 7. Private duty nursing. Medical assistance covers private duty
nursing services in a recipient's home.
Recipients who are authorized to receive private duty nursing services
in their home may use approved hours outside of the home during hours when
normal life activities take them outside of their home. To use private duty nursing services at
school, the recipient or responsible party must provide written authorization
in the care plan identifying the chosen provider and the daily amount of
services to be used at school. Medical
assistance does not cover private duty nursing services for residents of a
hospital, nursing facility, intermediate care facility, or a health care
facility licensed by the commissioner of health, except as authorized in
section 256B.64 for ventilator-dependent recipients in hospitals or unless a
resident who is otherwise eligible is on leave from the facility and the
facility either pays for the private duty nursing services or forgoes the
facility per diem for the leave days that private duty nursing services are
used. Total hours of service and payment
allowed for services outside the home cannot exceed that which is otherwise
allowed in an in-home setting according to sections 256B.0651 and 256B.0653
256B.0654 to 256B.0656. All
private duty nursing services must be provided according to the limits
established under sections 256B.0651 and 256B.0653 to 256B.0656. Private duty nursing services may not be
reimbursed if the nurse is the family foster care provider of a
recipient who is under age 18 except as allowed under section 256B.0659,
subdivision 4.
Sec. 20.
Minnesota Statutes 2008, section 256B.0625, subdivision 8, is amended to
read:
Subd. 8. Physical therapy. Medical assistance covers physical therapy,
as described in section 148.65, and related services, including specialized
maintenance therapy. 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. 21.
Minnesota Statutes 2008, section 256B.0625, subdivision 8a, is amended
to read:
Subd. 8a. Occupational therapy. Medical assistance covers occupational
therapy, as described in section 148.6404, and related services,
including specialized maintenance therapy.
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. 22.
Minnesota Statutes 2008, section 256B.0625, subdivision 19a, is amended
to read:
Subd. 19a. Personal care assistant services. Medical assistance covers personal care
assistant services in a recipient's home.
To qualify for personal care assistant services, a recipient must
require assistance and be determined dependent in one activity of daily living
as defined in section 256B.0659 or have a level I behavior as defined in
section 256B.0659. Recipients or
responsible parties must be able to identify the recipient's needs, direct and
evaluate task accomplishment, and provide for health and safety. Approved hours may be used outside the home
when normal life activities take them outside the home. To use personal care assistant services at
school, the recipient or responsible party must provide written authorization
in the care plan identifying the chosen provider and the daily amount of
services to be used at school. Total
hours for services, whether actually performed inside or outside the
recipient's home, cannot exceed that which is otherwise allowed for personal
care assistant services in an in-home setting according to sections 256B.0651 and
256B.0653 to 256B.0656. Medical
assistance does not cover personal care assistant 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 assistant services or forgoes the facility per diem for the leave
days that personal care assistant services are used. All personal care assistant services must be
provided according to sections 256B.0651 and 256B.0653 to
256B.0656. Personal care assistant
services may not be reimbursed if the personal care assistant is the spouse or legal
paid guardian of the recipient or the parent of a recipient under age
18, or the responsible party or the foster care provider of a recipient who
cannot direct the recipient's own care unless, in the case of a foster care
provider, unless the foster home is the licensed provider's primary
residence and a county or state case manager visits the recipient as
needed, but not 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 assistant services, if they are granted a waiver under
sections 256B.0651 and 256B.0653 to 256B.0656. Notwithstanding the provisions of section 256B.0655,
subdivision 2, paragraph (b), clause (4) 256B.0659, the noncorporate
legal unpaid guardian or conservator of an adult, who is not the
responsible party and not the personal care provider organization, may be granted
a hardship waiver under sections 256B.0651 and 256B.0653 to 256B.0656, to be
reimbursed to provide personal care assistant services to the recipient if
the guardian or conservator meet all criteria for a personal care assistant
according to section 256B.0659, and shall not be considered to have a
service provider interest for purposes of participation on the screening team
under section 256B.092, subdivision 7.
Sec. 23.
Minnesota Statutes 2008, section 256B.0625, subdivision 19c, is amended
to read:
Subd. 19c. Personal care. (a) Medical assistance covers personal
care assistant services provided by an individual who is qualified to provide
the services according to subdivision 19a and sections 256B.0651 and
256B.0653 to 256B.0656, where the services have a statement of need by a
physician, provided in accordance with a plan, and are supervised by
the recipient or a qualified professional. The physician's statement of need for
personal care assistant services shall be documented on a form approved by the
commissioner and include the diagnosis or condition of the person that results
in a need for personal care assistant services and be updated when the person's
medical condition requires a change, but at least annually if the need for
personal care assistant services is ongoing.
(b) "Qualified professional"
means a mental health professional as defined in section 245.462, subdivision
18, or 245.4871, subdivision 27; or a registered nurse as defined in sections
148.171 to 148.285, or a licensed social worker as defined in section
148B.21; or qualified developmental disabilities professional under section
245B.07, subdivision 4. As part
of the assessment, the county public health nurse will assist the recipient or
responsible party to identify the most appropriate person to provide
supervision of the personal care assistant.
The qualified professional shall perform the duties described
required in Minnesota Rules, part 9505.0335, subpart 4 section
256B.0659.
Sec. 24.
Minnesota Statutes 2008, section 256B.0651, is amended to read:
256B.0651 HOME CARE
SERVICES.
Subdivision 1. Definitions. (a) "Activities of daily living"
includes eating, toileting, grooming, dressing, bathing, transferring,
mobility, and positioning For the purposes of sections 256B.0651 to
256B.0656 and 256B.0659, the terms in paragraphs (b) to (g) have the meanings
given.
(b) "Activities of daily
living" has the meaning given in section 256B.0659, subdivision 1,
paragraph (b).
(b) (c) "Assessment" means a review and evaluation
of a recipient's need for home care services conducted in person. Assessments for home health agency
services shall be conducted by a home health agency nurse. Assessments for medical assistance home care
services for developmental disability and alternative care services for
developmentally disabled home and community-based waivered recipients may be
conducted by the county public health nurse to ensure coordination and avoid
duplication. 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) (d) "Home care services" means a health
service, determined by the commissioner as medically necessary, that is ordered
by a physician and documented in a service 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
means medical assistance covered services that are home health agency services,
including skilled nurse visits; home health aide visits; physical therapy,
occupational therapy, respiratory therapy, and language-speech pathology
therapy; private duty nursing; and personal care assistance.
(e) "Home residence" means a
residence owned or rented by the recipient either alone, with roommates of the
recipient's choosing, or with an unpaid responsible party or legal
representative; or a family foster home where the license holder lives with the
recipient and is not paid to provide home care services for the recipient.
(d) (f) "Medically necessary" has the meaning given
in Minnesota Rules, parts 9505.0170 to 9505.0475.
(e) "Telehomecare" means the
use of telecommunications technology by a home health care professional to
deliver home health care services, within the professional's scope of practice,
to a patient located at a site other than the site where the practitioner is
located.
(g) "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 on a
ventilator for at least 30 consecutive days.
Subd. 2. Services covered. Home care services covered under this section
and sections 256B.0653 256B.0652 to 256B.0656 and 256B.0659 include:
(1) nursing services under section sections
256B.0625, subdivision 6a, and 256B.0653;
(2) private duty nursing services under section
sections 256B.0625, subdivision 7, and 256B.0654;
(3) home health services under section
sections 256B.0625, subdivision 6a, and 256B.0653;
(4) personal care assistant services under section
sections 256B.0625, subdivision 19a, and 256B.0659;
(5) supervision of personal care assistant services
provided by a qualified professional under section sections
256B.0625, subdivision 19a, and 256B.0659;
(6) qualified professional of
personal care assistant services under the fiscal intermediary option as
specified in section 256B.0655, subdivision 7;
(7) (6) face-to-face assessments by county
public health nurses for services under section sections
256B.0625, subdivision 19a, and 256B.0659; and
(8) (7) service updates and review of
temporary increases for personal care assistant services by the county public
health nurse for services under section sections 256B.0625,
subdivision 19a, and 256B.0659.
Subd. 3. Noncovered home care services. The following home care services are not
eligible for payment under medical assistance:
(1) skilled nurse visits for the sole
purpose of supervision of the home health aide;
(2) a skilled nursing visit:
(i) only for the purpose of
monitoring medication compliance with an established medication program for a
recipient; or
(ii) to administer or assist with
medication administration, including injections, prefilling syringes for
injections, or oral medication set-up of an adult recipient, when as determined
and documented by the registered nurse, the need can be met by an available
pharmacy or the recipient is physically and mentally able to self-administer or
prefill a medication;
(3) home care services to a recipient
who is eligible for covered services under the Medicare program or any other
insurance held by the recipient;
(4) services to other members of the
recipient's household;
(5) a visit made by a skilled nurse
solely to train other home health agency workers;
(6) any home care service included in
the daily rate of the community-based residential facility where the recipient
is residing;
(7) nursing and rehabilitation
therapy services that are reasonably accessible to a recipient outside the recipient's
place of residence, excluding the assessment, counseling and education, and
personal assistant care;
(8) any home health agency service,
excluding personal care assistant services and private duty nursing services,
which are performed in a place other than the recipient's residence; and
(9) Medicare evaluation or
administrative nursing visits on dual-eligible recipients that do not qualify
for Medicare visit billing.
(1) services provided in a nursing
facility, hospital, or intermediate care facility with exceptions in section
256B.0653;
(2) services for the sole purpose of
monitoring medication compliance with an established medication program for a
recipient;
(3) home care services for covered
services under the Medicare program or any other insurance held by the
recipient;
(4) services to other members of the
recipient's household;
(5) any home care service included in
the daily rate of the community-based residential facility where the recipient
is residing;
(6) nursing and rehabilitation
therapy services that are reasonably accessible to a recipient outside the
recipient's place of residence, excluding the assessment, counseling and
education, and personal assistance care; or
(7) Medicare evaluation or
administrative nursing visits on dual-eligible recipients that do not qualify
for Medicare visit billing.
Subd. 4. Prior Authorization; exceptions. All home care services above the limits in
subdivision 11 must receive the commissioner's prior authorization
before services begin, 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; a recipient's medical
assistance eligibility has lapsed, is then retroactively reinstated, and an
authorization for home care services is completed based on the date of a
current assessment, eligibility, and request for authorization;
(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;
(4) the commissioner has determined that a county or
state human services agency has made an error; or
(5) the professional nurse determines an immediate
need for up to 40 skilled nursing or home health aide visits per calendar year
and submits a request for authorization within 20 working days of the initial
service date, and medical assistance is determined to be the appropriate payer.
if a recipient enrolled in managed care experiences a temporary disenrollment
from a health plan, the commissioner shall accept the current health plan
authorization for personal care assistance services for up to 60 days. The request must be received within the first
30 days of the disenrollment. If the
recipient's reenrollment in managed care is after the 60 days and before 90
days, the provider shall request an additional 30-day extension of the current
health plan authorization, for a total limit of 90 days from the time of
disenrollment.
Subd. 5.
Retroactive authorization. A request for retroactive authorization
will be evaluated according to the same criteria applied to prior authorization
requests.
Subd. 6. Prior Authorization. (a) The commissioner, or the
commissioner's designee, shall review the assessment, service update,
request for temporary services, request for flexible use option, service
plan, and any additional information that is submitted. The commissioner shall, within 30 days after
receiving a complete request, assessment, and service plan, authorize home care
services as follows: provided
in this section.
(a) Home health services. (b) All Home health services provided by a
home health aide including skilled nurse visits and home health aide
visits 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. The commissioner
must receive the request for authorization of skilled nurse visits and home
health aide visits within 20 working days of the start of service. 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 home health
aide visits to no more than one visit each per day. The commissioner, or the commissioner's
designee, may authorize up to two skilled nurse visits per day.
(b) Ventilator-dependent recipients. (c) 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 paragraph, home care
services means all direct care 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. Recipients who meet the definition of
ventilator dependent and the EN home care rating and utilize a combination of
home care services are limited up to a total of 24 hours of home care services
per day. Additional hours may be
authorized when a recipient's assessment indicates a need for two staff to
perform activities. Additional time is limited
to four hours per day.
Subd. 7. Prior Authorization; time limits. (a) The commissioner or the
commissioner's designee shall determine the time period for which a prior
an authorization shall be effective and, if flexible use has been
requested, whether to allow the flexible use option. 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. A personal care provider agency must request
a new personal care assistant services assessment, or service update if allowed,
at least 60 days prior to the end of the current prior authorization
time period. The request for the
assessment must be made on a form approved by the commissioner. Under no circumstances, other than the
exceptions in subdivision 4, shall a prior An authorization must be
valid prior to the date the commissioner receives the request or for no
more than 12 months.
The amount and type of personal care
assistant services authorized based upon the assessment and service plan must
remain in effect for the recipient whether the recipient chooses a different
provider or enrolls or disenrolls from a managed care plan under section
256B.0659, unless the service needs of the recipient change and a new
assessment is warranted under section 256B.0655, subdivision 1b.
(b) A recipient who appeals a reduction in previously
authorized home care services may continue previously authorized services,
other than temporary services under subdivision 8, pending an appeal under
section 256.045. The commissioner must provide
ensure that the recipient has a copy of the most recent service plan that
contains a detailed explanation of why the authorized services
which areas of covered personal care assistant tasks are reduced in
amount from those requested by the home care provider and provide notice
of the amount of time per day reduced, and the reasons for the reduction in the
recipient's notice of denial, termination, or reduction.
Subd. 8. Prior Authorization requests;
temporary services. 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, and primary payer coverage determination
information as required. 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.
Subd. 9. Prior Authorization for foster care
setting. (a) Home care
services provided in an adult or child foster care setting must receive prior
authorization by the department commissioner according to the
limits established in subdivision 11.
(b) 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,
difficulty of care, and administrative rules;
(2) personal care assistant services when the foster
care license holder is also the personal care provider or personal care
assistant, unless the foster home is the licensed provider's primary
residence and unless the recipient can direct the recipient's own care, or
case management is provided as required in section 256B.0625, subdivision 19a;
or
(3) personal care assistant 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; or
(4) (3) personal care assistant and private duty nursing
services when the number of foster care residents licensed
capacity is greater than four unless the county responsible for the
recipient's foster placement made the placement prior to April 1, 1992,
requests that personal care assistant and private duty nursing services be
provided, and case management is provided as required in section 256B.0625,
subdivision 19a.
Subd. 10.
Limitation on payments. Medical assistance payments for home care
services shall be limited according to subdivisions 4 to 12 and sections
256B.0654, subdivision 2, and 256B.0655, subdivisions 3 and 4.
Subd. 11. Limits on services without prior
authorization. A recipient may
receive the following home care services during a calendar year:
(1) up to two face-to-face assessments to determine a
recipient's need for personal care assistant services;
(2) one service update done to determine a recipient's
need for personal care assistant services; and
(3) up to nine face-to-face skilled nurse
visits.
Subd. 12. 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 subdivisions 4 to 12 and sections 256B.0654, subdivision 2, and 256B.0655,
subdivisions 3 and 4 256B.0659, the cost-effectiveness of services,
and the amount, scope, and duration of home care services reimbursable by
medical assistance, based on the assessment, primary payer coverage
determination information as required, the service 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.
Subd. 13. Recovery of excessive payments. The commissioner shall seek monetary recovery
from providers of payments made for services which exceed the limits
established in this section and sections 256B.0653 to 256B.0656 and
256B.0659. This subdivision does not
apply to services provided to a recipient at the previously authorized level
pending an appeal under section 256.045, subdivision 10.
Subd. 14.
Referrals to Medicare
providers required. Home care
providers that do not participate in or accept Medicare assignment must refer
and document the referral of dual-eligible recipients to Medicare providers
when Medicare is determined to be the appropriate payer for services and
supplies and equipment. Providers must
be terminated from participation in the medical assistance program for failure to
make these referrals.
Subd. 15.
Quality assurance for program
integrity. The commissioner
shall maintain processes for monitoring ongoing program integrity including
provider standards and training, consumer surveys, and random reviews of
documentation.
Subd. 16.
Oversight of enrolled
providers. The commissioner
shall establish an ongoing quality assurance process for home care
services. The commissioner has the
authority to request proof of documentation of meeting provider standards,
quality standards of care, correct billing practices, and other
information. Failure to provide access
and information to demonstrate compliance with laws, rules, or policies must
result in suspension, denial, or termination of the provider agency's
enrollment with the department.
Sec. 25.
Minnesota Statutes 2008, section 256B.0652, is amended to read:
256B.0652 PRIOR
AUTHORIZATION AND REVIEW OF HOME CARE SERVICES.
Subdivision 1. State coordination. The commissioner shall supervise the
coordination of the prior authorization and review of home care services
that are reimbursed by medical assistance.
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 service care plan that
meets the recipient's needs is developed by the appropriate agency or
individual;
(3) ensure cost-effectiveness and nonduplication 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;
(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.; and
(7) on the department's Web site:
(i) provide a link to
MinnesotaHelp.info for a list of enrolled home care agencies with the following
information: main office address, contact information for the agency, counties
in which services are provided, type of home care services provided, whether
the personal care assistance choice option is offered, types of qualified
professionals employed, number of personal care assistants employed, and data
on staff turnover; and
(ii) post data on home care services
including information from both fee-for-service and managed care plans as
available.
(c) In addition, the commissioner or the
commissioner's designee may:
(1) review care plans, 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;
(5) assure the quality of home care services; and
(6) assure that all liable third-party payers
including, but not limited to, Medicare have been used prior to medical
assistance for home care services, including but not limited to, home health
agency, elected hospice benefit, waivered services, alternative care program
services, and personal 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.
Subd. 3. Assessment and prior authorization
process for persons receiving personal care assistance and developmental
disabilities services. 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
developmental disabilities shall meet the requirements of sections 256B.0651
and 256B.0653 to 256B.0656 with the following exceptions:
(a) Upon request for home care services and subsequent
assessment by the public health nurse under sections 256B.0651 and 256B.0653 to
256B.0656, 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
developmental disabilities.
(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. 26.
Minnesota Statutes 2008, section 256B.0653, is amended to read:
256B.0653 HOME HEALTH
AGENCY COVERED SERVICES.
Subdivision 1. Homecare; skilled nurse visits
Scope. "Skilled nurse
visits" are provided in a recipient's residence under a plan of care or
service plan that specifies a level of care which the nurse is qualified to
provide. These services are:
(1) nursing services according to the
written plan of care or service plan and accepted standards of medical and
nursing practice in accordance with chapter 148;
(2) services which due to the
recipient's medical condition may only be safely and effectively provided by a
registered nurse or a licensed practical nurse;
(3) assessments performed only by a
registered nurse; and
(4) teaching and training the
recipient, the recipient's family, or other caregivers requiring the skills of
a registered nurse or licensed practical nurse. This section applies to home health
agency services including, home health aide, skilled nursing visits, physical
therapy, occupational therapy, respiratory therapy, and speech language
pathology therapy.
Subd. 2. Telehomecare; skilled nurse visits
Definitions. Medical
assistance covers skilled nurse visits according to section 256B.0625,
subdivision 6a, provided via telehomecare, for services which do not require
hands-on care between the home care nurse and recipient. The provision of telehomecare must be made
via live, two-way interactive audiovisual technology and may be augmented by
utilizing store-and-forward technologies.
Store-and-forward technology includes telehomecare services that do not
occur in real time via synchronous transmissions, and that do not require a
face-to-face encounter with the recipient for all or any part of any such
telehomecare visit. Individually
identifiable patient data obtained through real-time or store-and-forward
technology must be maintained as health records according to sections 144.291
to 144.298. If the video is used for
research, training, or other purposes unrelated to the care of the patient, the
identity of the patient must be concealed.
A communication between the home care nurse and recipient that consists
solely of a telephone conversation, facsimile, electronic mail, or a
consultation between two health care practitioners, is not to be considered a
telehomecare visit. Multiple daily
skilled nurse visits provided via telehomecare are allowed. Coverage of telehomecare is limited to two
visits per day. All skilled nurse visits
provided via telehomecare must be prior authorized by the commissioner or the
commissioner's designee and will be covered at the same allowable rate as
skilled nurse visits provided in-person. For the purposes of this
section, the following terms have the meanings given.
(a) "Assessment" means an
evaluation of the recipient's medical need for home health agency services by a
registered nurse or appropriate therapist that is conducted within 30 days of a
request and as specified in Code of Federal Regulations, title 42, sections
484.1 to 494.55.
(b) "Home care therapies"
means occupational, physical, and respiratory therapy and speech-language
pathology services, provided in the home by a Medicare-certified home health
agency.
(c) "Home health agency
services" means services delivered in the recipient's home residence,
except as specified in section 256B.0625, by a home health agency to a
recipient with medical needs due to illness, disability, or physical
conditions.
(d) "Home health aide"
means an employee of a home health agency who meets the requirements of Code of
Federal Regulations, title 42, sections 484.1 to 494.55, and completes
medically oriented tasks written in the plan of care for a recipient.
(e) "Home health agency"
means a home care provider agency that is Medicare-certified satisfying the
requirements of Code of Federal Regulations, title 42, sections 484.1 to
494.55.
(f) "Occupational therapy
services" mean the services defined in Minnesota Rules, part 9505.0390.
(g) "Physical therapy
services" mean the services defined in Minnesota Rules, part 9505.0390.
(h) "Respiratory therapy
services" mean the services defined in chapter 147C and Minnesota Rules,
part 4668.0003, subpart 37.
(i) "Speech-language pathology
services" mean the services defined in Minnesota Rules, part 9505.0390.
(j) "Skilled nurse visit"
means a professional nursing visit to complete nursing tasks required due to a
recipient's medical condition that can only be safely provided by a
professional nurse to restore and maintain optimal health.
(k) "Store-and-forward
technology" means telehomecare services that do not occur in real time via
synchronous transmissions such as diabetic and vital sign monitoring.
(l) "Telehomecare" means
the use of telecommunications technology via live, two-way interactive
audiovisual technology which may be augmented by store-and-forward technology.
(m) "Telehomecare skilled nurse
visit" means a visit by a professional nurse to deliver a skilled nurse
visit to a recipient located at a site other than the site where the nurse is
located and is used in combination with face-to-face skilled nurse visits to
adequately meet the recipient's needs.
Subd. 3. Therapies through home health agencies
Home health aide visits. (a)
Medical assistance covers physical therapy and related services, including
specialized maintenance therapy.
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. Direction of the physical therapy assistant
must be provided by the physical therapist as described in Minnesota Rules,
part 9505.0390, subpart 1, item B. The
physical therapist and physical therapist assistant may not both bill for
services provided to a recipient on the same day.
(b) Medical assistance covers
occupational therapy and related services, including specialized maintenance
therapy. 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 under the
direction of an occupational therapist who is not on the premises shall be
reimbursed at 65 percent of the occupational therapist rate. Direction of the occupational therapy
assistant must be provided by the occupational therapist as described in
Minnesota Rules, part 9505.0390, subpart 1, item B. The occupational therapist and occupational
therapist assistant may not both bill for services provided to a recipient on
the same day.
(a) Home health aide visits must be
provided by a certified home health aide using a written plan of care that is
updated in compliance with Medicare regulations. A home health aide shall provide hands-on
personal care, perform simple procedures as an extension of therapy or nursing
services, and assist in instrumental activities of daily living as defined in
section 256B.0659. Home health aide
visits must be provided in the recipient's home.
(b) All home health aide visits must
have authorization under section 256B.0652.
The commissioner shall limit home health aide visits to no more than one
visit per day per recipient.
(c) Home health aides must be
supervised by a registered nurse or an appropriate therapist when providing
services that are an extension of therapy.
Subd. 4.
Skilled nurse visit services. (a) Skilled nurse visit services must be
provided by a registered nurse or a licensed practical nurse under the
supervision of a registered nurse, according to the written plan of care and
accepted standards of medical and nursing practice according to chapter
148. Skilled nurse visit services must
be ordered by a physician and documented in a plan of care that is reviewed and
approved by the ordering physician at least once every 60 days. All skilled nurse visits must be medically
necessary and provided in the recipient's home residence except as allowed
under section 256B.0625, subdivision 6a.
(b) Skilled nurse visits include
face-to-face and telehomecare visits with a limit of up to two visits per day
per recipient. All visits must be based
on assessed needs.
(c) Telehomecare skilled nurse visits
are allowed when the recipient's health status can be accurately measured and
assessed without a need for a face-to-face, hands-on encounter. All telehomecare skilled nurse visits must
have authorization and are paid at the same allowable rates as face-to-face
skilled nurse visits.
(d) The provision of telehomecare
must be made via live, two-way interactive audiovisual technology and may be
augmented by utilizing store-and-forward technologies. Individually identifiable patient data
obtained through real-time or store-and-forward technology must be maintained
as health records according to sections 144.291 to 144.298. If the video is used for research, training,
or other purposes unrelated to the care of the patient, the identity of the
patient must be concealed.
(e) Authorization for skilled nurse
visits must be completed under section 256B.0652. A total of nine face-to-face skilled nurses
visits per calendar year do not require authorization. All telehomecare skilled nurse visits require
authorization.
Subd. 5.
Home care therapies. (a) Home care therapies include the
following: physical therapy,
occupational therapy, respiratory therapy, and speech and language pathology
therapy services.
(b) Home care therapies must be:
(1) provided in the recipient's
residence after it has been determined the recipient is unable to access
outpatient therapy;
(2) prescribed, ordered, or referred
by a physician and documented in a plan of care and reviewed, according to
Minnesota Rules, part 9505.0390;
(3) assessed by an appropriate therapist;
and
(4) provided by a Medicare-certified
home health agency enrolled as a Medicaid provider agency.
(c) Restorative and specialized
maintenance therapies must be provided according to Minnesota Rules, part
9505.0390. Physical and occupational therapy
assistants may be used as allowed under Minnesota Rules, part 9505.0390,
subpart 1, item B.
(d) For both physical and
occupational therapies, the therapist and the therapist's assistant may not
both bill for services provided to a recipient on the same day.
Subd. 6.
Noncovered home health agency
services. The following are
not eligible for payment under medical assistance as a home health agency
service:
(1) telehomecare skilled nurses
services that is communication between the home care nurse and recipient that
consists solely of a telephone conversation, facsimile, electronic mail, or a
consultation between two health care practitioners;
(2) the following skilled nurse
visits:
(i) for the purpose of monitoring
medication compliance with an established medication program for a recipient;
(ii) administering or assisting with
medication administration, including injections, prefilling syringes for
injections, or oral medication setup of an adult recipient, when, as determined
and documented by the registered nurse, the need can be met by an available
pharmacy or the recipient or a family member is physically and mentally able to
self-administer or prefill a medication;
(iii) services done for the sole
purpose of supervision of the home health aide or personal care assistant;
(iv) services done for the sole
purpose to train other home health agency workers;
(v) services done for the sole purpose
of blood samples or lab draw or Synagis injections when the recipient is able
to access these services outside the home; and
(vi) Medicare evaluation or
administrative nursing visits required by Medicare;
(3) home health aide visits when the
following activities are the sole purpose for the visit: companionship, socialization, household tasks,
transportation, and education; and
(4) home care therapies provided in
other settings such as a clinic, day program, or as an inpatient or when the
recipient can access therapy outside of the recipient's residence.
Sec. 27.
Minnesota Statutes 2008, section 256B.0654, is amended to read:
256B.0654 PRIVATE DUTY
NURSING.
Subdivision 1. Definitions. (a) "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 registered private duty nurse. Assessments for medical assistance home care
services for developmental disabilities and alternative care services for
developmentally disabled home and community-based waivered recipients may be
conducted by the county public health nurse to ensure coordination and avoid
duplication.
(b) (a) "Complex and regular private duty nursing
care" means:
(1) complex care is private duty nursing services provided to
recipients who are ventilator dependent or for whom a physician has certified
that were it not for private duty nursing the recipient would meet
meets the criteria for inpatient hospital intensive care unit (ICU) level
of care; and
(2) regular care is private duty
nursing provided to all other recipients.
(b) "Private duty nursing"
means ongoing professional nursing services by a registered or licensed
practical nurse including assessment, professional nursing tasks, and
education, based on an assessment and physician orders to maintain or restore
optimal health of the recipient.
(c) "Private duty nursing
agency" means a medical assistance enrolled provider licensed under
chapter 144A to provide private duty nursing services.
(d) "Regular private duty
nursing" means nursing services provided to a recipient who is considered
stable and not at an inpatient hospital intensive care unit level of care, but
may have episodes of instability that are not life threatening.
(e) "Shared private duty nursing"
means the provision of nursing services by a private duty nurse to two
recipients at the same time and in the same setting.
Subd. 2. Authorization; private duty nursing
services. (a) 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:
(1) the recipient requires more individual and
continuous care than can be provided during a skilled nurse visit; or
(2) the cares are outside of the scope of services
that can be provided by a home health aide or personal care assistant.
(b) The commissioner may authorize:
(1) 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;
(2) private duty nursing in combination with other
home care services up to the total cost allowed under section 256B.0655,
subdivision 4;
(3) up to 16 hours per day if the recipient requires
more nursing than the maximum number of direct care hours as established in
clause (1) and the recipient meets the hospital admission criteria established
under Minnesota Rules, parts 9505.0501 to 9505.0540.
(c) 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 and sections 256B.0651, 256B.0653, 256B.0655, and
256B.0656, and 256B.0659 than would otherwise be authorized under
section 256B.49.
Subd. 2a.
Private duty nursing services. (a) Private duty nursing services must be
used:
(1) in the recipient's home or
outside the home when normal life activities require;
(2) when the recipient requires more
individual and continuous care than can be provided during a skilled nurse
visit; and
(3) when the care required is outside
of the scope of services that can be provided by a home health aide or personal
care assistant.
(b) Private duty nursing services must
be:
(1) assessed by a registered nurse on
a form approved by the commissioner;
(2) ordered by a physician and
documented in a plan of care that is reviewed by the physician at least once
every 60 days; and
(3) authorized by the commissioner
under section 256B.0652.
Subd. 2b.
Noncovered private duty
nursing services. Private
duty nursing services do not cover the following:
(1) nursing services by a nurse who is
the foster care provider of a person who has not reached 18 years of age unless
allowed under subdivision 4;
(2) nursing services to more than two
persons receiving shared private duty nursing services from a private duty
nurse in a single setting; and
(3) nursing services provided by a
registered nurse or licensed practical nurse who is the recipient's legal
guardian or related to the recipient as spouse, parent, family foster parent,
or child, whether by blood, marriage, or adoption except as specified in
section 256B.0652, subdivision 4.
Subd. 3. Shared private duty nursing care
option. (a) Medical assistance
payments for shared private duty nursing services by a private duty nurse shall
be limited according to this subdivision.
For the purposes of this section and sections 256B.0651, 256B.0653,
256B.0655, and 256B.0656, "private duty nursing agency" means an
agency licensed under chapter 144A to provide private duty nursing services.
Unless otherwise provided in this
subdivision, all other statutory and regulatory provisions relating to private
duty nursing services apply to shared private duty nursing services. Nothing in this subdivision shall be
construed to reduce the total number of private duty nursing hours authorized
for an individual recipient.
(b) Recipients of private duty nursing
services may share nursing staff and the commissioner shall provide a rate
methodology for shared private duty nursing.
For two persons sharing nursing care, the rate paid to a provider shall
not exceed 1.5 times the regular private duty nursing rates paid for serving a
single individual by a registered nurse or licensed practical nurse. These rates apply only to situations in which
both recipients are present and receive shared private duty nursing care on the
date for which the service is billed. No
more than two persons may receive shared private duty nursing services from a
private duty nurse in a single setting.
(c) (b) Shared private duty nursing care is the provision
of nursing services by a private duty nurse to two medical assistance
eligible recipients at the same time and in the same setting. This subdivision does not apply when a
private duty nurse is caring for multiple recipients in more than one setting.
(c) For the purposes of this subdivision,
"setting" means:
(1) the home residence or foster care home of
one of the individual recipients as defined in section 256B.0651; or
(2) a child care program licensed under chapter 245A or
operated by a local school district or private school; or
(3) an adult day care service licensed under chapter
245A; or
(4) outside the home residence or foster care
home of one of the recipients when normal life activities take the recipients
outside the home.
This subdivision does not apply when
a private duty nurse is caring for multiple recipients in more than one
setting.
(d) The private duty nursing agency
must offer the recipient the option of shared or one-on-one private duty
nursing services. The recipient may
withdraw from participating in a shared service arrangement at any time.
(d) (e) The recipient or the recipient's
legal representative, and the recipient's physician, in conjunction with the home
health care private duty nursing agency, shall determine:
(1) whether shared private duty nursing care is an
appropriate option based on the individual needs and preferences of the
recipient; and
(2) the amount of shared private duty nursing services
authorized as part of the overall authorization of nursing services.
(e) (f) The recipient or the recipient's
legal representative, in conjunction with the private duty nursing agency,
shall approve the setting, grouping, and arrangement of shared private duty
nursing care based on the individual needs and preferences of the
recipients. Decisions on the selection
of recipients to share services must be based on the ages of the recipients,
compatibility, and coordination of their care needs.
(f) (g) The following items must be
considered by the recipient or the recipient's legal representative and the
private duty nursing agency, and documented in the recipient's health service
record:
(1) the additional training needed by the private duty
nurse to provide care to two recipients in the same setting and to ensure that
the needs of the recipients are met appropriately and safely;
(2) the setting in which the shared private duty
nursing care will be provided;
(3) the ongoing monitoring and evaluation of the
effectiveness and appropriateness of the service and process used to make
changes in service or setting;
(4) a contingency plan which accounts for absence of
the recipient in a shared private duty nursing setting due to illness or other
circumstances;
(5) staffing backup contingencies in the event of
employee illness or absence; and
(6) arrangements for additional assistance to respond
to urgent or emergency care needs of the recipients.
(g) The provider must offer the
recipient or responsible party the option of shared or one-on-one private duty
nursing services. The recipient or
responsible party can withdraw from participating in a shared service
arrangement at any time.
(h) The private duty nursing agency must document
the following in the health service record for each individual recipient
sharing private duty nursing care The documentation for shared private
duty nursing must be on a form approved by the commissioner for each individual
recipient sharing private duty nursing.
The documentation must be part of the recipient's health service record
and include:
(1) permission by the recipient or the recipient's
legal representative for the maximum number of shared nursing care hours
per week chosen by the recipient and permission for shared private duty
nursing services provided in and outside the recipient's home residence;
(2) permission by the recipient or
the recipient's legal representative for shared private duty nursing services
provided outside the recipient's residence;
(3) permission by the recipient or
the recipient's legal representative for others to receive shared private duty
nursing services in the recipient's residence;
(4) (2) revocation by the recipient or the
recipient's legal representative of for the shared private duty
nursing care authorization, or the shared care to be provided to others in
the recipient's residence, or the shared private duty nursing services to be
provided outside permission, or services provided to others in and
outside the recipient's residence; and
(5) (3) daily documentation of the shared
private duty nursing services provided by each identified private duty nurse,
including:
(i) the names of each recipient receiving shared
private duty nursing services together;
(ii) the setting for the shared services, including
the starting and ending times that the recipient received shared private duty
nursing care; and
(iii) notes by the private duty nurse regarding
changes in the recipient's condition, problems that may arise from the sharing
of private duty nursing services, and scheduling and care issues.
(i) Unless otherwise provided in this
subdivision, all other statutory and regulatory provisions relating to private
duty nursing services apply to shared private duty nursing services.
Nothing in this subdivision shall be
construed to reduce the total number of private duty nursing hours authorized
for an individual recipient under subdivision 2.
(i) The commissioner shall provide a
rate methodology for shared private duty nursing. For two persons sharing nursing care, the
rate paid to a provider must not exceed 1.5 times the regular private duty
nursing rates paid for serving a single individual by a registered nurse or
licensed practical nurse. These rates
apply only to situations in which both recipients are present and receive
shared private duty nursing care on the date for which the service is billed.
Subd. 4. Hardship criteria; private duty nursing. (a) Payment is allowed for extraordinary
services that require specialized nursing skills and are provided by parents of
minor children, family foster parents, spouses, and legal guardians who
are providing private duty nursing care under the following conditions:
(1) the provision of these services is not legally
required of the parents, family foster parents, spouses, or legal
guardians;
(2) the services are necessary to prevent
hospitalization of the recipient; and
(3) the recipient is eligible for state plan home care
or a home and community-based waiver and one of the following hardship criteria
are met:
(i) the parent, spouse, or legal guardian resigns from
a part-time or full-time job to provide nursing care for the recipient; or
(ii) the parent, spouse, or legal guardian goes from a
full-time to a part-time job with less compensation to provide nursing care for
the recipient; or
(iii) the parent, spouse, or legal guardian takes a
leave of absence without pay to provide nursing care for the recipient; or
(iv) because of labor conditions, special language
needs, or intermittent hours of care needed, the parent, spouse, or legal
guardian is needed in order to provide adequate private duty nursing services
to meet the medical needs of the recipient.
(b) Private duty nursing may be provided by a parent,
spouse, family foster parent, or legal guardian who is a nurse licensed
in Minnesota. Private duty nursing
services provided by a parent, spouse, family foster parent, or legal
guardian cannot be used in lieu of nursing services covered and available under
liable third-party payors, including Medicare.
The private duty nursing provided by a parent, family foster parent, spouse,
or legal guardian must be included in the service plan. Authorized skilled nursing services
for a single recipient or recipients with the same residence and provided
by the parent, family foster parent, spouse, or legal guardian may not
exceed 50 percent of the total approved nursing hours, or eight hours per day,
whichever is less, up to a maximum of 40 hours per week. A parent or parents, family foster
parents, spouse, or legal guardian shall not provide more than 40 hours of services
in a seven-day period. For parents,
family foster parents, and legal guardians, 40 hours is the total amount
allowed regardless of the number of children or adults who receive services. Nothing in this subdivision precludes the
parent's, family foster parents', spouse's, or legal guardian's
obligation of assuming the nonreimbursed family responsibilities of emergency
backup caregiver and primary caregiver.
(c) A parent, family foster parent, or a
spouse may not be paid to provide private duty nursing care if:
(1) the parent or spouse fails to pass a criminal
background check according to chapter 245C, or if;
(2) it has been determined by the home health
care agency, the case manager, or the physician that the private duty
nursing care provided by the parent, family foster parents, spouse,
or legal guardian is unsafe; or
(3) the parent, family foster
parents, spouse, or legal guardian do not follow physician orders.
(d) For purposes of this section,
"assessment" means a review and evaluation of a recipient's need for
home care services conducted in person.
Assessments for private duty nursing must be conducted by a registered
nurse.
Sec. 28.
Minnesota Statutes 2008, section 256B.0655, subdivision 1b, is amended
to read:
Subd. 1b. Assessment. "Assessment" means a review and
evaluation of a recipient's need for home care services conducted in
person. Assessments for personal care
assistant services shall be conducted by the county public health nurse or a
certified public health nurse under contract with the county. A face-to-face An in-person
assessment must include: documentation
of health status, determination of need, evaluation of service effectiveness,
identification of appropriate services, service plan development or
modification, coordination of services, referrals and follow-up to appropriate
payers and community resources, completion of required reports, recommendation
of service authorization, and consumer education. Once the need for personal care assistant
services is determined under this section or sections 256B.0651, 256B.0653,
256B.0654, and 256B.0656, the county public health nurse or certified public
health nurse under contract with the county is responsible for communicating
this recommendation to the commissioner and the recipient. A face-to-face assessment for personal
care assistant services is conducted on those recipients who have never had a
county public health nurse assessment. A
face-to-face An in-person assessment must occur at least annually or
when there is a significant change in the recipient's condition or when there
is a change in the need for personal care assistant services. A service update may substitute for the
annual face-to-face assessment when there is not a significant change in
recipient condition or a change in the need for personal care assistant
service. A service update may be
completed by telephone, used when there is no need for an increase in personal
care assistant services, and used for two consecutive assessments if followed
by a face-to-face assessment. A service
update must be completed on a form approved by the commissioner. A service update or
review for temporary increase includes a review of
initial baseline data, evaluation of service effectiveness, redetermination of
service need, modification of service plan and appropriate referrals, update of
initial forms, obtaining service authorization, and on going consumer
education. 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 or personal care provider agency.
Sec. 29.
Minnesota Statutes 2008, section 256B.0655, subdivision 4, is amended to
read:
Subd. 4. Prior Authorization; personal
care assistance and qualified professional. The commissioner, or the commissioner's
designee, shall review the assessment, service update, request for temporary
services, request for flexible use option, service plan, and any additional
information that is submitted. The
commissioner shall, within 30 days after receiving a complete request,
assessment, and service plan, authorize home care services as follows:
(1) (a) All personal care assistant services
and, supervision by a qualified professional, if requested by
the recipient, and additional services beyond the limits established in
section 256B.0652, subdivision 11, must be prior authorized by the
commissioner or the commissioner's designee before services begin except
for the assessments established in section sections 256B.0651,
subdivision 11, and 256B.0655, subdivision 1b. The authorization for personal care assistance
and qualified professional services under section 256B.0659 must be completed
within 30 calendar days after receiving a complete request.
(b) The amount of personal care assistant services
authorized must be based on the recipient's home care rating. The home care rating shall be determined
by the commissioner or the commissioner's designee based on information
submitted to the commissioner identifying the following:
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 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 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; or
(C) up to 60 percent of the average
reimbursement rate, as of July 1, 1991, for care provided in a regional
treatment center for recipients who have Level I behavior, plus any inflation
adjustment as provided by the legislature for personal care service; 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) 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) a reasonable amount of time for
the provision of supervision by a qualified professional of personal care
assistant services, if a qualified professional is requested by the recipient
or responsible party.
(2) 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, shall be
calculated and incorporated into the home care limits on July 1, 1992. These limits shall be calculated to the
nearest quarter hour.
(3) The home care rating shall be
determined by the commissioner or the commissioner's designee based on
information submitted to the commissioner by the 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 recipients who need home care including children and
adults under 65 years of age. The
commissioner shall establish these forms and protocols under this section and
sections 256B.0651, 256B.0653, 256B.0654, and 256B.0656 and shall use an
advisory group, including representatives of recipients, providers, and
counties, for consultation in establishing and revising the forms and
protocols.
(4) 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.
(5) 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 the recipient's own
body;
(B) physical injury to other people;
or
(C) destruction of property.
(6) Time authorized for personal care
relating to Level I behavior in paragraph (5), clauses (A) to (C), shall be
based on the predictability, frequency, and amount of intervention required.
(7) 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
assistant services under subdivision 2, paragraph (a):
(A) unusual or repetitive habits;
(B) withdrawn behavior; or
(C) offensive behavior.
(8) A recipient with a home care
rating of Level II behavior in paragraph (7), clauses (A) to (C), shall be
rated as comparable to a recipient with complex medical needs under paragraph
(4). 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 paragraph (1), clause (B).
(1) total number of dependencies of
activities of daily living as defined in section 256B.0659;
(2) number of complex health-related
functions as defined in section 256B.0659; and
(3) number of behavior criteria as
defined in section 256B.0659.
(c) The methodology to determine total
time for personal care assistance services is based on the median paid units
per day for each home care rating from fiscal year 2007 data. Each home care rating has a base level of
hours assigned. Additional time is added
through the assessment and identification of the following:
(1) 30 additional minutes per day for
a dependency in each critical activity of daily living as defined in section
256B.0659;
(2) 30 additional minutes per day for
each complex health-related need as defined in section 256B.0659; and
(3) 30 additional minutes per day for
each behavior criteria as defined in section 256B.0659.
(d) A limit of 96 units of qualified
professional supervision may be authorized for each recipient receiving
personal care assistance services. A
request to the commissioner to exceed this total in a calendar year must be
requested by the personal care provider agency on a form approved by the
commissioner.
Sec. 30.
Minnesota Statutes 2008, section 256B.0657, subdivision 8, is amended to
read:
Subd. 8. Self-directed budget requirements. The budget for the provision of the
self-directed service option shall be equal to the greater of either
established based on:
(1) the annual amount of personal care assistant
services under section 256B.0655 that the recipient has used in the most recent
12-month period assessed personal care assistance units, not to exceed
the maximum number of personal care assistance units available, as determined
by section 256B.0655; or
(2) the amount determined using the consumer support
grant methodology under section 256.476, subdivision 11, except that the budget
amount shall include the federal and nonfederal share of the average service
costs. the personal care assistance unit rate:
(i) with a reduction to the unit rate
to pay for a program administrator as defined in subdivision 10; and
(ii) an additional adjustment to the
unit rate as needed to ensure cost neutrality for the state.
Sec. 31.
Minnesota Statutes 2008, section 256B.0657, is amended by adding a
subdivision to read:
Subd. 12.
Enrollment and evaluation. Enrollment in the self-directed supports
option is available to current personal care assistance recipients upon annual
personal care assistance reassessment, with a maximum enrollment of 1,000
people in the first fiscal year of implementation and an additional 1,000
people in the second fiscal year. The
commissioner shall evaluate the self-directed supports option during the first
two years of implementation and make any necessary changes prior to the option
becoming available statewide.
Sec. 32. [256B.0659] PERSONAL CARE ASSISTANCE
PROGRAM.
Subdivision 1.
Definitions. (a) For the purposes of this section, the
terms defined in paragraphs (b) to (p) have the meanings given unless otherwise
provided in text.
(b) "Activities of daily
living" means grooming, dressing, bathing, transferring, mobility,
positioning, eating, and toileting.
(c) "Behavior" means
categories to determine the home care rating and is based on the criteria found
in this section. Level I behavior means
physical aggression to self or others and destruction of property.
(d) "Complex health-related
needs" means a category to determine the home care rating and is based on
the criteria found in this section.
(e) "Critical activities of
daily living" means transferring, mobility, eating, and toileting.
(f) "Dependency in activities of
daily living" means a person requires assistance to begin or complete one
or more of the activities of daily living.
(g) "Health-related
functions" means functions that can be delegated or assigned by a licensed
health care professional under state law to be performed by a personal care
assistant.
(h) "Instrumental activities of
daily living" means activities to include meal planning and preparation;
basic assistance with paying bills; shopping for food, clothing, and other
essential items; performing household tasks integral to the personal care
assistance services; communication by telephone and other media; and traveling,
including to medical appointments, and participating in the community.
(i) "Managing employee" has
the same definition as described in Code of Federal Regulations, title 42,
section 455.
(j) "Qualified
professional" means a professional providing supervision of personal care
assistance services and staff as defined in section 256B.0625, subdivision 19c.
(k) "Personal care assistance
provider agency" means a medical assistance enrolled provider that
provides or assists with providing personal care assistance services and
includes personal care assistance provider organizations, personal care
assistance choice agency, class A licensed nursing agency, and
Medicare-certified home health agency.
(l) "Personal care
assistant" means an individual employed by a personal care assistance
agency that provides personal care assistance services.
(m) "Personal care assistance
care plan" means a written description of personal care assistance
services developed by the personal care assistance provider according to the
service plan.
(n) "Responsible party"
means an individual who is capable of providing the support necessary to assist
the recipient to live in the community.
(o) "Self-administered
medication" means medication taken orally, by injection or insertion, or
applied topically without the need for assistance.
(p) "Service plan" means a
written summary of the assessment and description of the services needed by the
recipient.
Subd. 2.
Personal care assistance
services; covered services. (a)
The personal care assistance services eligible for payment include services and
supports furnished to an individual, as needed, to assist in:
(1) activities of daily living;
(2) health-related procedures and
tasks;
(3) assistance with behavior needs;
and
(4) instrumental activities of daily
living.
(b) Activities of daily living include
the following covered services:
(1) dressing, including assistance
with choosing, application, and changing of clothing and application of special
appliances, wraps, or clothing;
(2) grooming, including assistance
with basic hair care, oral care, shaving, applying cosmetics and deodorant, and
care of eyeglasses and hearing aids.
Nail care is included, except for recipients who are diabetic or have
poor circulation;
(3) bathing, including assistance with
basic personal hygiene and skin care;
(4) eating, including assistance with
hand washing and application of orthotics required for eating, transfers, and
feeding;
(5) transfers, including assistance
with transferring the recipient from one seating or reclining area to another;
(6) mobility, including assistance
with ambulation, including use of a wheelchair.
Mobility does not include providing transportation for a recipient;
(7) positioning, including assistance
with positioning or turning a recipient for necessary care and comfort; and
(8) toileting, including assistance
with helping recipient with bowel or bladder elimination and care including transfers,
mobility, positioning, feminine hygiene, use of toileting equipment or
supplies, cleansing the perineal area, inspection of the skin, and adjusting
clothing.
(c) Health-related procedures or tasks
include the following covered services:
(1) range of motion and passive
exercise to maintain a recipient's optimal level of strength and muscle
functioning;
(2) assistance with self-administered
medication as defined by this section, including reminders to take medication,
bringing medication to the recipient, and assistance with opening medication
under the direction of the recipient or responsible party;
(3) interventions for seizure
disorders, including monitoring and observation; and
(4) other activities considered within
the scope of the personal care service and meeting the definition of
health-related procedures or tasks under this section.
(d) A personal care assistant may
perform health-related procedures and tasks associated with the complex
health-related needs of a recipient if the tasks meet the definition of
health-related procedures and tasks under this section and the personal care
assistant is trained by a qualified professional and demonstrates competency to
safely complete the task. Delegation of
health-related procedures and tasks and all training must be documented in the
personal care assistance care plan and the recipient's and personal care
assistant's files.
(e) For a personal care assistant to
provide the health-related procedures and tasks of tracheostomy suctioning and
services to recipients on ventilator support there must be:
(1) delegation and training by a
registered nurse, certified or licensed respiratory therapist, or a physician;
(2) utilization of clean rather than
sterile procedure;
(3) specialized training about the
health-related functions and equipment, including ventilator operation and
maintenance;
(4) individualized training regarding
the needs of the recipient; and
(5) supervision by a qualified
professional who is a registered nurse.
(f) A personal care assistant may
observe and redirect the recipient for episodes where there is a need for
redirection due to behaviors. Training
of the personal care assistant must occur based on the needs of the recipient,
the personal care assistance care plan, and any other support services
provided.
Subd. 3.
Noncovered personal care
assistance services. (a)
Personal care assistance services are not eligible for medical assistance
payment under this section when provided:
(1) by the recipient's spouse, parent
of a recipient under the age of 18, paid legal guardian, licensed foster
provider, except as allowed under section 256B.0651, subdivision 9, or
responsible party;
(2) in lieu of other staffing options
in a residential or child care setting;
(3) solely as a child care or
babysitting service; or
(4) without authorization by the
commissioner or the commissioner's designee.
(b) The following personal care
services are not eligible for medical assistance payment under this section
when provided in residential settings:
(1) when the provider of home care
services who is not related by blood, marriage, or adoption owns or otherwise
controls the living arrangement, including licensed or unlicensed services; or
(2) when personal care assistance
services are the responsibility of a residential or program license holder
under the terms of a service agreement and administrative rules.
(c) Other specific tasks not covered
under paragraph (a) or (b) that are not eligible for medical assistance
reimbursement for personal care assistance services under this section include:
(1) sterile procedures;
(2) injections of fluids and
medications into veins, muscles, or skin;
(3) home maintenance or chore
services;
(4) homemaker services not an
integral part of assessed personal care assistance services needed by a
recipient;
(5) application of restraints or
implementation of procedures under section 245.825;
(6) instrumental activities of daily
living for children under the age of 18; and
(7) assessments for personal care assistance
services by personal care assistance provider agencies or by independently
enrolled registered nurses.
Subd. 4.
Assessment for personal care
assistance services. (a) An
assessment as defined in section 256B.0655, subdivision 1b, must be completed
for personal care assistance services.
(b) The following conditions apply to
the assessment:
(1) a person must be assessed as
dependent in an activity of daily living based on the person's need, on a daily
basis, for:
(i) cueing or supervision to complete
the task; or
(ii) hands-on assistance to complete
the task; and
(2) 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. Assistance needed is the
assistance appropriate for a typical child of the same age.
(c) Assessment for complex
health-related needs must meet the criteria in this paragraph. During the assessment process, a recipient
qualifies as having complex health-related functions if the recipient has one
or more of the interventions that are ordered by a physician, specified in a
personal care assistance care plan, and found in the following:
(1) tube feedings requiring:
(i) a gastro/jejunostomy tube; or
(ii) continuous tube feeding lasting
longer than 12 hours per day;
(2) wounds described as:
(i) stage III or stage IV;
(ii) multiple wounds;
(iii) requiring sterile or clean
dressing changes or a wound vac; or
(iv) open lesions such as burns,
fistulas, tube sites, or ostomy sites that require specialized care;
(3) parenteral therapy described as:
(i) IV therapy more than two times per
week lasting longer than four hours for each treatment; or
(ii) total parenteral nutrition (TPN)
daily;
(4) respiratory interventions
including:
(i) oxygen required more than eight
hours per day;
(ii) respiratory vest more than one
time per day;
(iii) bronchial drainage treatments
more than two times per day;
(iv) sterile or clean suctioning more
than six times per day;
(v) dependence on another to apply
respiratory ventilation augmentation devises such as BiPAP and CPAP; and
(vi) ventilator dependence under
section 256B.0652;
(5) insertion and maintenance of
catheter including:
(i) sterile catheter changes more than
one time per month;
(ii) clean self-catheterization more
than six times per day; or
(iii) bladder irrigations;
(6) bowel program more than two times
per week requiring more than 30 minutes to perform each time;
(7) neurological intervention
including:
(i) seizures more than two times per
week and requiring significant physical assistance to maintain safety; or
(ii) swallowing disorders diagnosed by
a physician and requiring specialized assistance from another on a daily basis;
and
(8) other congenital or acquired
diseases creating a need for significantly increased direct hands-on assistance
and interventions in six to eight activities of daily living.
(d) An assessment of behaviors must
meet the criteria in this paragraph. A
recipient qualifies as having a need for assistance due to behaviors if the
recipient's behavior requires assistance at least four times per week and shows
one or more of the following behaviors:
(1) physical aggression towards self,
others, or property that requires immediate response of another;
(2) increased vulnerability due to
cognitive deficits or socially inappropriate behavior; or
(3) verbally aggressive and resistive
to care.
Subd. 5.
Service and support planning
and referral. (a) The
assessor, with the recipient or responsible party, shall review the assessment
information and determine referrals for other payers, services, and community
supports as appropriate.
(b) The recipient must be referred
for evaluation, services, or supports that are appropriate to help meet the
recipient's needs including, but not limited to, the following circumstances:
(1) when there is another payer who
is responsible to provide the service to meet the recipient's needs;
(2) when the recipient qualifies for
assistance due to mental illness or behaviors under this section, a referral
for a mental health diagnostic and functional assessment must be completed, or
referral must be made for other specific mental health services or community
services;
(3) when the recipient is eligible
for medical assistance and meets medical assistance eligibility for a home
health aide or skilled nurse visit;
(4) when the recipient would benefit
from an evaluation for another service; and
(5) when there is a more appropriate
service to meet the assessed needs.
(c) The reimbursement rates for
public health nurse visits that relate to the provision of personal care
assistance services under this section and section 256B.0625, subdivision 19a,
are:
(1) $210.50 for a face-to-face
assessment visit;
(2) $105.25 for each service update;
and
(3) $105.25 for each request for a
temporary service increase.
(d) The rates specified in paragraph
(c) must be adjusted to reflect provider rate increases for personal care
assistance services that are approved by the legislature for the fiscal year
ending June 30, 2000, and subsequent fiscal years. Any requirements applied by the legislature
to provider rate increases for personal care assistance services also apply to
adjustments under this paragraph.
(e) Effective July 1, 2008, the
payment rate for an assessment under this section and section 256B.0651 shall
be reduced by 25 percent when the assessment is not completed on time and the
service agreement documentation is not submitted in time to continue
services. The commissioner shall reduce
the amount of the claim for those assessments that are not submitted on time.
Subd. 6.
Service plan. The service plan must be completed by the
assessor with the recipient and responsible party on a form determined by the
commissioner and include a summary of the assessment with a description of the
need, authorized amount, and expected outcomes and goals of personal care
assistance services. The recipient and
the provider chosen by the recipient or responsible party must be given a copy
of the completed service plan within ten working days. The recipient or responsible party must be
given information by the assessor about the options in the personal care
assistance program to allow for review and decision making.
Subd. 7.
Personal care assistance care
plan. (a) Each recipient must
have a current personal care assistance care plan based on the service plan in
subdivision 21 that is developed by the qualified professional with the recipient
and responsible party. A copy of the
most current personal care assistance care plan is required to be in the
recipient's home and in the recipient's file at the provider agency.
(b) The personal care assistance care
plan must have the following components:
(1) start and end date of the care
plan;
(2) recipient demographic
information, including name and telephone number;
(3) emergency numbers, procedures,
and a description of measures to address identified safety and vulnerability
issues, including a backup staffing plan;
(4) name of responsible party and
instructions for contact;
(5) description of the recipient's
individualized needs for assistance with activities of daily living,
instrumental activities of daily living, health-related tasks, and behaviors;
and
(6) dated signatures of recipient or
responsible party and qualified professional.
(c) The personal care assistance care
plan must have instructions and comments about the recipient's needs for
assistance and any special instructions or procedures required. The month-to-month plan for the use of
personal care assistance services is part of the personal care assistance care
plan. The personal care assistance care
plan must be completed within the first week after start of services with a
personal care provider agency and must be updated as needed when there is a
change in need for personal care assistance services. A new personal care assistance care plan is
required annually at the time of the reassessment.
Subd. 8.
Communication with recipient's
physician. The personal care
assistance program requires communication with the recipient's physician about
a recipient's assessed needs for personal care assistance services. The commissioner shall work with the state
medical director to develop options for communication with the recipient's
physician.
Subd. 9.
Responsible party; generally. (a) "Responsible party" means an
individual who is capable of providing the support necessary to assist the
recipient to live in the community.
(b) A responsible party must be 18
years of age, actively participate in planning and directing of personal care
assistance services, and attend all assessments for the recipient.
(c) A responsible party must not be
the:
(1) personal care assistant;
(2) home care provider agency owner
or staff; or
(3) county staff acting as part of
employment.
(d) A licensed family foster parent
who lives with the recipient may be the responsible party as long as the family
foster parent meets the other responsible party requirements.
(e) A responsible party is required
when:
(1) the person is a minor according
to section 524.5-102, subdivision 10;
(2) the person is an incapacitated
adult according to section 524.5-102, subdivision 6, resulting in a
court-appointed guardian; or
(3) the assessment according to
section 256B.0911 determines that the recipient is in need of a responsible
party to direct the recipient's care.
(f) There may be two persons
designated as the responsible party for reasons such as divided households and
court-ordered custodies. Each person
named as responsible party must meet the program criteria and responsibilities.
(g) The recipient or the recipient's
legal representative shall appoint a responsible party if necessary to direct
and supervise the care provided to the recipient. The responsible party must be identified at
the time of assessment and listed on the recipient's service agreement and
personal care assistance care plan.
Subd. 10.
Responsible party; duties;
delegation. (a) A responsible
party with a personal care assistance provider agency shall enter into a
written agreement, on a form determined by the commissioner, to perform the
following duties:
(1) be available while care is
provided in a method agreed upon by the individual or the individual's legal
representative and documented in the recipient's personal care assistance care
plan;
(2) monitor personal care assistance
services to ensure the recipient's personal care assistance care plan is being
followed; and
(3) review and sign personal care
assistance time sheets after services are provided to provide verification that
personal care assistance services were provided.
Failure to provide the support required by the recipient must
result in a referral to the county common entry point.
(b) Responsible parties who are
parents of minors or guardians of minors or incapacitated persons may delegate
the responsibility to another adult who is not the personal care assistant
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 the responsible party,
except that the delegated responsible party is required to reside with the recipient
only while serving as the responsible party.
The responsible party must ensure that the delegate performs the
functions of the responsible party, is identified at the time of the
assessment, and is listed on the personal care assistance care plan. The responsible party must communicate to the
personal care assistance provider agency about the need for a delegate
responsible party, including the name of the delegated responsible party, dates
the delegated responsible party will be acting as the responsible party, and
contact numbers.
Subd. 11.
Personal care assistant;
requirements. (a) A personal
care assistant must meet the following requirements:
(1) be at least 18 years of age and
if 16 or 17 years of age only if:
(i) supervised by a qualified
professional every 60 days; and
(ii) employed by only one personal
care assistance provider agency responsible for compliance with current labor
laws;
(2) be employed by a personal care
assistance provider agency;
(3) enroll with the department as a
non-pay-to provider after clearing a background study. Before a personal care assistant provides
services, the personal care assistance provider agency must initiate a
background study on the personal care assistant under chapter 245C, and the
personal care assistance provider agency must have received a notice from the
commissioner that the personal care assistant is:
(i) not disqualified under section
245C.14; or
(ii) is disqualified, but the
personal care assistant has received a set aside of the disqualification under
section 245C.22;
(4) be able to effectively
communicate with the recipient and personal care assistance provider agency;
(5) be able to provide covered
personal care assistance services according to the recipient's personal care
assistance care plan, respond appropriately to recipient needs, and report
changes in the recipient's condition to the supervising qualified professional
or physician;
(6) not be a consumer of personal
care assistance services;
(7) maintain daily written records
including, but not limited to, time sheets under subdivision 12;
(8) complete standardized training as
determined or approved by the commissioner before completing enrollment. Personal care assistant training must include
successful completion of the following training components: basic first aid, vulnerable adult, child
maltreatment, OSHA universal precautions, basic roles and responsibilities of
personal care assistants including information about assistance with lifting
and transfers for recipients, orientation to positive behavior practices,
emergency preparedness, fraud issues, and completion of time sheets. Upon
completion of the training components, the personal care assistant must
demonstrate the competency to provide assistance to the recipient. Personal care assistant training and
orientation must be completed within the first seven days after the services
begin and be directed to the needs of the recipient and the recipient's
personal care assistance care plan; and
(9) be limited to providing and being
paid for no more than 310 hours per month of personal care assistance services
that is determined by the commissioner regardless of the number of recipients
being served or the number of personal care assistance provider agencies
enrolled with.
(b) A legal guardian may be a
personal care assistant if the guardian is not being paid for the guardian
services and meets the criteria for personal care assistants in paragraph (a).
(c) Persons who do not qualify as a
personal care assistant include parents and stepparents of minors, spouses,
paid legal guardians, foster care providers, except as otherwise allowed in
section 256B.0625, subdivision 19a, or staff of a residential setting.
Subd. 12.
Documentation of personal care
assistance services provided. (a)
Personal care assistance services for a recipient must be documented daily by
each personal care assistant, on a time sheet form approved by the
commissioner. All documentation may be
Web-based, electronic, or paper documentation.
The completed form must be submitted on a monthly basis to the provider
and kept in the recipient's health record.
(b) The activity documentation must
correspond to the personal care assistance care plan and be reviewed by the qualified
professional.
(c) The personal care assistant time
sheet must be on a form approved by the commissioner documenting time the
personal care assistant provides services in the home. The following criteria must be included in
the time sheet:
(1) full name of personal care
assistant and individual provider number;
(2) provider name and telephone
numbers;
(3) full name of recipient;
(4) consecutive dates, including
month, day, and year, and arrival and departure time with a.m. or p.m.
notations;
(5) signatures of recipient or the
responsible party;
(6) personal signature of the personal
care assistant;
(7) any shared care provided, if
applicable;
(8) a statement that it is a federal
crime to provide false information on personal care service billings for
medical assistance payments; and
(9) dates and location of recipient
stays in a hospital, care facility, or incarceration.
Subd. 13.
Qualified professional;
qualifications. (a) The
qualified professional must be employed by a personal care assistance provider
agency and meet the definition under section 256B.0625, subdivision 19c. Before a qualified professional provides
services, the personal care assistance provider agency must initiate a
background study on the qualified professional under chapter 245C, and the
personal care assistance provider agency must have received a notice from the
commissioner that the qualified professional:
(1) is not disqualified under section
245C.14; or
(2) is disqualified, but the qualified
professional has received a set aside of the disqualification under section
245C.22.
(b) The qualified professional shall
perform the duties of training, supervision, and evaluation of the personal
care assistance staff and evaluation of the effectiveness of personal care assistance
services. The qualified professional
shall:
(1) develop and monitor with the
recipient a personal care assistance care plan based on the service plan and
individualized needs of the recipient;
(2) develop and monitor with the
recipient a monthly plan for the use of personal care assistance services;
(3) review documentation of personal
care assistance services provided;
(4) provide training and ensure
competency for the personal care assistant in the individual needs of the
recipient; and
(5) document all training,
communication, evaluations, and needed actions to improve performance of the
personal care assistants.
(c) The qualified professional shall
complete the provider training with basic information about the personal care
assistance program approved by the commissioner within six months of the date
hired by a personal care assistance provider agency. Qualified professionals who have completed
the required trainings as an employee with a personal care assistance provider
agency do not need to repeat the required trainings if they are hired by
another agency, if they have completed the training within the last three
years.
Subd. 14.
Qualified professional;
duties. (a) All personal care
assistants must be supervised by a qualified professional or in a joint
supervision relationship with the recipient or the responsible party.
(b) Through direct training,
observation, return demonstrations, and consultation with the staff and the
recipient, the qualified professional must ensure and document that the
personal care assistant is:
(1) capable of providing the required
personal care assistance services;
(2) knowledgeable about the plan of
personal care assistance services before services are performed; and
(3) able to identify conditions that
should be immediately brought to the attention of the qualified professional.
(c) The qualified professional shall
evaluate the personal care assistant within the first 14 days of starting to
provide services for a recipient, except for those providing services under the
personal care assistant choice option under subdivision 19. The qualified professional shall evaluate the
personal care assistance services for a recipient through direct observation of
a personal care assistant's work:
(1) at least every 90 days thereafter
for the first year of a recipient's services; and
(2) every 120 days after the first
year of a recipient's service, or whenever needed for response to a recipient's
request for increased supervision of the personal care assistance staff.
(d) Communication with the recipient
is a part of the evaluation process of the personal care assistance staff.
(e) At each supervisory visit, the
qualified professional shall evaluate personal care assistance services
including the following information:
(1) satisfaction level of the
recipient with personal care assistance services;
(2) review of the month-to-month plan
for use of personal care assistance services;
(3) review of documentation of
personal care assistance services provided;
(4) whether the personal care
assistance services are meeting the goals of the service as stated in the
personal care assistance care plan and service plan;
(5) a written record of the results
of the evaluation and actions taken to correct any deficiencies in the work of
a personal care assistant; and
(6) revision of the personal care
assistance care plan as necessary in consultation with the recipient or
responsible party, to meet the needs of the recipient.
(f) The qualified professional shall
complete the required documentation in the agency recipient and employee files
and the recipient's home, including the following documentation:
(1) the personal care assistance care
plan based on the service plan and individualized needs of the recipient;
(2) a month-to-month plan for use of
personal care assistance services;
(3) changes in need of the recipient
requiring a change to the level of service and the personal care assistance
care plan;
(4) evaluation results of supervision
visits and identified issues with personal care assistance staff with actions
taken;
(5) all communication with the
recipient and personal care assistance staff; and
(6) hands-on training or
individualized training for the care of the recipient.
(g) The documentation in paragraph
(f) must be completed on agency forms.
(h) The services that are not
eligible for payment as qualified professional services include:
(1) direct professional nursing tasks
that could be assessed and authorized as skilled nursing tasks;
(2) supervision of personal care
assistance completed by telephone;
(3) agency administrative activities;
(4) training other than the
individualized training required to provide care for a recipient; and
(5) any other activity that is not
described in this section.
Subd. 15.
Flexible use. (a) "Flexible use" means the
scheduled use of authorized hours of personal care assistance services, which
vary within a service authorization period covering no more than six months, in
order to more effectively meet the needs and schedule of the recipient. Each 12-month service agreement is divided
into two six-month authorization date spans.
No more than 75 percent of the total authorized units for a 12-month
service agreement may be used in a six-month date span.
(b) Authorization of flexible use
occurs during the authorization process under section 256B.0652. The flexible use of authorized hours does not
increase the total amount of authorized hours available to a recipient. The commissioner shall not authorize
additional personal care assistance services to supplement a service
authorization that is exhausted before the end date under a flexible service
use plan, unless the assessor determines a change in condition and a need for
increased services is established.
Authorized hours not used within the six-month period must not be
carried over to another time period.
(c) A recipient who has terminated
personal care assistance services before the end of the 12-month authorization
period must not receive additional hours upon reapplying during the same
12-month authorization period, except if a change in condition is
documented. Services must be prorated
for the remainder of the 12-month authorization period based on the first
six-month assessment.
(d) The recipient, responsible party,
and qualified professional must develop a written month-to-month plan of the
projected use of personal care assistance services that is part of the personal
care assistance care plan and ensures:
(1) that the health and safety needs
of the recipient are met throughout both date spans of the authorization
period; and
(2) that the total authorized amount
of personal care assistance services for each date span must not be used before
the end of each date span in the authorization period.
(e) The personal care assistance
provider agency shall monitor the use of personal care assistance services to
ensure health and safety needs of the recipient are met throughout both date
spans of the authorization period. The
commissioner or the commissioner's designee shall provide written notice to the
provider and the recipient or responsible party when a recipient is at risk of
exceeding the personal care assistance services prior to the end of the
six-month period.
(f) Misuse and abuse of the flexible
use of personal care assistance services resulting in the overuse of units in a
manner where the recipient will not have enough units to meet their needs for
assistance and ensure health and safety for the entire six-month date span may
lead to an action by the commissioner.
The commissioner may take
action including, but not limited to:
(1) restricting recipients to service
authorizations of no more than one month in duration; (2) requiring the
recipient to have a responsible party; and (3) requiring a qualified
professional to monitor and report services on a monthly basis.
Subd. 16.
Shared services. (a) Medical assistance payments for shared
personal care assistance services are limited according to this subdivision.
(b) Shared service is the provision of
personal care assistance services by a personal care assistant to two or three
recipients, eligible for medical assistance, who voluntarily enter into an
agreement to receive services at the same time and in the same setting.
(c) For the purposes of this
subdivision, "setting" means:
(1) the home residence or family
foster care home of one or more of the individual recipients; or
(2) a child care program licensed
under chapter 245A or operated by a local school district or private school.
(d) Shared personal care assistance
services follow the same criteria for covered services as subdivision 2.
(e) Noncovered shared personal care
assistance services include the following:
(1) services for more than three recipients
by one personal care assistant at one time;
(2) staff requirements for child care
programs under chapter 245C;
(3) caring for multiple recipients in
more than one setting;
(4) additional units of personal care
assistance based on the selection of the option; and
(5) use of more than one personal care
assistance provider agency for the shared care services.
(f) The option of shared personal care
assistance is elected by the recipient or the responsible party with the
assistance of the assessor. The option
must be determined appropriate based on the ages of the recipients,
compatibility, and coordination of their assessed care needs. The recipient or the responsible party, in
conjunction with the qualified professional, shall arrange the setting and
grouping of shared services based on the individual needs and preferences of
the recipients. The personal care
assistance provider agency shall offer the recipient or the responsible party
the option of shared or one-on-one personal care assistance services or a
combination of both. The recipient or
the responsible party may withdraw from participating in a shared services
arrangement at any time.
(g) Authorization for the shared
service option must be determined by the commissioner based on the criteria
that the shared service is appropriate to meet all of the recipients' needs and
their health and safety is maintained.
The authorization of shared services is part of the overall
authorization of personal care assistance services. Nothing in this subdivision must be construed
to reduce the total number of hours authorized for an individual recipient.
(h) A personal care assistant
providing shared personal care assistance services must:
(1) receive training specific for each
recipient served; and
(2) follow all required documentation
requirements for time and services provided.
(i) A qualified professional shall:
(1) evaluate the ability of the
personal care assistant to provide services for all of the recipients in a
shared setting;
(2) visit the shared setting as
services are being provided at least once every six months or whenever needed
for response to a recipient's request for increased supervision of the personal
care assistance staff;
(3) provide ongoing monitoring and
evaluation of the effectiveness and appropriateness of the shared services;
(4) develop a contingency plan with
each of the recipients which accounts for absence of the recipient in a share
services setting due to illness or other circumstances;
(5) obtain permission from each of
the recipients who are sharing a personal care assistant for number of shared
hours for services provided inside and outside the home residence; and
(6) document the training completed
by the personal care assistants specific to the shared setting and recipients
sharing services.
Subd. 17.
Shared services; rates. The commissioner shall establish a rate
system for shared personal care assistance services. For two persons sharing services, the rate
paid to a provider must not exceed one and one-half times the rate paid for
serving a single individual, and for three persons sharing services, the rate
paid to a provider must not exceed twice the rate paid for serving a single
individual. These rates apply only when
all of the criteria for the shared care personal care assistance service have
been met.
Subd. 18.
Personal care assistance
choice option; generally. (a)
The commissioner may allow a recipient of personal care assistance services to
use a fiscal intermediary to assist the recipient in paying and account for
medically necessary covered personal care assistance services. Unless otherwise provided in this section,
all other statutory and regulatory provisions relating to personal care
assistance services apply to a recipient using the personal care assistance
choice option.
(b) Personal care assistance choice
is an option of the personal care assistance program that allows the recipient
who receives personal care assistance services to be responsible for the
hiring, training, scheduling, and termination of personal care assistants. This program offers greater control and
choice for the recipient in deciding who provides the personal care assistance
service and when the service is scheduled.
The recipient or the recipient's responsible party must choose a
personal care assistance choice provider agency as a fiscal intermediary. This personal care assistance choice provider
agency manages payroll, invoices the state, is responsible for all payroll related
taxes and insurance, and is responsible for providing the consumer training and
support in managing the recipient's personal care assistance services.
Subd. 19.
Personal care assistance
choice option; qualifications; duties.
(a) Under personal care assistance choice, the recipient or responsible
party shall:
(1) recruit, hire, schedule, and
terminate personal care assistants and a qualified professional;
(2) develop a personal care
assistance care plan based on the assessed needs and addressing the health and
safety of the recipient with the assistance of a qualified professional as
needed;
(3) orient and train the personal
care assistant with assistance as needed from the qualified professional;
(4) supervise and evaluate the
personal care assistant with the qualified professional, who is required to
visit at least every 180 days;
(5) monitor and verify in writing and
report to the personal care assistance choice agency the number of hours worked
by the personal care assistant and the qualified professional;
(6) engage in an annual face-to-face
reassessment to determine continuing eligibility and service authorization and
(7) use the same personal care
assistance choice provider agency if shared personal assistance care is being
used.
(b) The personal care assistance
choice provider agency shall:
(1) meet all personal care assistance
provider agency standards;
(2) enter into a written agreement
with the recipient, responsible party, and personal care assistants;
(3) not be related as a parent,
child, sibling, or spouse to the recipient, qualified professional, or the
personal care assistant; and
(4) ensure arm's-length transactions
without undue influence or coercion with the recipient and personal care
assistant.
(c) The duties of the personal care
assistance choice provider agency are to:
(1) be the employer of the personal
care assistant and the qualified professional for employment law and related
regulations including but not limited to purchasing and maintaining workers'
compensation, unemployment insurance, surety and fidelity bonds, and liability
insurance, and submit any or all necessary documentation including, but not
limited to, workers' compensation and unemployment insurance;
(2) bill the medical assistance
program for personal care assistance services and qualified professional
services;
(3) request and complete background
studies that comply with the requirements for personal care assistants and
qualified professionals;
(4) pay the personal care assistant
and qualified professional based on actual hours of services provided;
(5) withhold and pay all applicable
federal and state taxes;
(6) verify and keep records of hours
worked by the personal care assistant and qualified professional;
(7) make the arrangements and pay
taxes and other benefits, if any; and comply with any legal requirements for a
Minnesota employer;
(8) enroll in the medical assistance
program as a personal care assistance choice agency; and
(9) enter into a written agreement as
specified in subdivision 20 before services are provided.
Subd. 20.
Personal care assistance
choice option; administration. (a)
Before services commence under the personal care assistance choice option, and
annually thereafter, the personal care assistance choice provider agency,
recipient, or responsible party, each personal care assistant, and the
qualified professional shall enter into a written agreement. The agreement must include at a minimum:
(1) duties of the recipient,
qualified professional, personal care assistant, and personal care assistance
choice provider agency;
(2) salary and benefits for the
personal care assistant and the qualified professional;
(3) administrative fee of the
personal care assistance choice provider agency and services paid for with that
fee, including background study fees;
(4) grievance procedures to respond
to complaints;
(5) procedures for hiring and
terminating the personal care assistant; and
(6) documentation requirements
including, but not limited to, time sheets, activity records, and the personal
care assistance care plan.
(b) Except for the administrative fee
of the personal care assistance choice provider agency as reported on the
written agreement, the remainder of the rates paid to the personal care
assistance choice provider agency must be used to pay for the salary and
benefits for the personal care assistant or the qualified professional. The personal care assistance choice provider
agency must provide a minimum of 75 percent of the revenue generated by the
medical assistance rate for personal care assistance for employee personal care
assistant wages and benefits.
(c) The commissioner shall deny,
revoke, or suspend the authorization to use the personal care assistance choice
option if:
(1) it has been determined by the
qualified professional or public health nurse that the use of this option
jeopardizes the recipient's health and safety;
(2) the parties have failed to comply
with the written agreement specified in subdivision 20;
(3) the use of the option has led to
abusive or fraudulent billing for personal care assistance services; or
(4) the department terminates the
personal care assistance choice option.
(d) The recipient or responsible
party may appeal the commissioner's decision in paragraph (c) according to
section 256.045. The denial, revocation,
or suspension to use the personal care assistance choice option must not affect
the recipient's authorized level of personal care assistance services.
Subd. 21.
Requirements for initial
enrollment of personal care assistance provider agencies. (a) All personal care assistance provider
agencies must provide, at the time of enrollment as a personal care assistance
provider agency in a format determined by the commissioner, information and
documentation that includes, but is not limited to, the following:
(1) the personal care assistance
provider agency's current contact information including address, telephone
number, and e-mail address;
(2) proof of surety bond coverage in
the amount of $50,000 or ten percent of the provider's payments from Medicaid
in the previous year, whichever is less;
(3) proof of fidelity bond coverage
in the amount of $20,000;
(4) proof of workers' compensation
insurance coverage;
(5) a description of the personal
care assistance provider agency's organization identifying the names of all
owners, managerial officials, staff, board of directors, and the affiliations
of the directors, owners, or staff to other service providers;
(6) a copy of the personal care
assistance provider agency's written policies and procedures including: hiring of employees; training requirements;
service delivery; and employee and consumer safety including process for
notification and resolution of consumer grievances, identification and
prevention of communicable diseases, and employee misconduct;
(7) copies of all other forms the
personal care assistance provider agency uses in the course of daily business
including, but not limited to:
(i) a copy of the personal care
assistance provider agency's time sheet if the time sheet varies from the
standard time sheet for personal care assistance services approved by the
commissioner, and a letter requesting approval of the personal care assistance
provider agency's nonstandard time sheet;
(ii) the personal care assistance
provider agency's template for the personal care assistance care plan; and
(iii) the personal care assistance
provider agency's template and the written agreement in subdivision 20 for
recipients using the personal care assistance choice option, if applicable;
(8) a list of all trainings and
classes that the personal care assistance provider agency requires of its staff
providing personal care assistance services;
(9) documentation that the personal
care assistance provider agency and staff have successfully completed all the
training required by this section;
(10) disclosure of ownership, leasing,
or management of all residential properties that is used or could be used for
providing home care services;
(11) documentation of the agency's
marketing practices; and
(12) documentation that the agency
will provide 75 percent for the personal care assistance choice provider agency
and 65 percent for regular personal care assistance agency, or revenue
generated from the medical assistance rate paid for personal care assistance
services for employee personal care assistant wages and benefits.
(b) Personal care assistance provider
agencies shall provide the information specified in paragraph (a) to the
commissioner at the time the personal care assistance provider agency enrolls
as a vendor or upon request from the commissioner. The commissioner shall collect the
information specified in paragraph (a) from all personal care assistance
providers beginning upon enactment of this section.
(c) All personal care assistance
provider agencies shall complete mandatory training as determined by the
commissioner before enrollment as a provider.
Personal care assistance provider agencies are required to send all
owners employed by the agency and all other managerial officials to the initial
and subsequent trainings. Personal care
assistance provider agency billing staff shall complete training about personal
care assistance program financial management.
This training is effective upon enactment of this section. Any personal care assistance provider agency
enrolled before that date shall, if it has not already, complete the provider
training within 18 months of the effective date of this section. Any new owners, new qualified professionals,
and new managerial officials are required to complete mandatory training as a
requisite of hiring.
Subd. 22.
Annual review for personal
care providers. (a) All
personal care assistance provider agencies shall resubmit, on an annual basis,
the information specified in subdivision 21, in a format determined by the
commissioner, and provide a copy of the personal care assistance provider
agency's most current version of its grievance policies and procedures along
with a written record of grievances and resolutions of the grievances that the
personal care assistance provider agency has received in the previous year and
any other information requested by the commissioner.
(b) The commissioner shall send
annual review notification to personal care assistance provider agencies 30
days prior to renewal. The notification
must:
(1) list the materials and
information the personal care assistance provider agency is required to submit;
(2) provide instructions on
submitting information to the commissioner; and
(3) provide a due date by which the
commissioner must receive the requested information.
Personal care assistance provider agencies shall submit
required documentation for annual review within 30 days of notification from
the commissioner. If no documentation is
submitted, the personal care assistance provider agency enrollment number must
be terminated or suspended.
(c) Personal care assistance provider
agencies also currently licensed under Minnesota Rules, part 4668.0012, as a
class A provider or currently certified for participation in Medicare as a home
health agency under Code of Federal Regulations, title 42, part 484, are deemed
in compliance with the personal care assistance requirements for enrollment,
annual review process, and documentation.
Subd. 23.
Enrollment requirements
following termination. (a) A
terminated personal care assistance provider agency, including all named
individuals on the current enrollment disclosure form and known or discovered
affiliates of the personal care assistance provider agency, is not eligible to
enroll as a personal care assistance provider agency for two years following
the termination.
(b) After the two-year period in
paragraph (a), if the provider seeks to reenroll as a personal care assistance
provider agency, the personal care assistance provider agency must be placed on
a one-year probation period, beginning after completion of the following:
(1) the department's provider
trainings under this section; and
(2) initial enrollment requirements
under subdivision 21.
(c) During the probationary period the
commissioner shall complete site visits and request submission of documentation
to review compliance with program policies.
Subd. 24.
Personal care assistance
provider agency; general duties.
A personal care assistance provider agency shall:
(1) enroll as a Medicaid provider
meeting all provider standards, including completion of the required provider
training;
(2) comply with general medical
assistance coverage requirements;
(3) demonstrate compliance with law
and policies of the personal care assistance program to be determined by the
commissioner;
(4) comply with background study
requirements;
(5) verify and keep records of hours
worked by the personal care assistant and qualified professional;
(6) pay the personal care assistant
or qualified professional based on actual hours of services provided;
(7) document that the agency uses a
minimum of 75 percent of the revenue generated from the medical assistance rate
for personal care assistant services for employee personal care assistant wages
and benefits;
(8) withhold and pay all applicable
federal and state taxes;
(9) make the arrangements and pay
unemployment insurance, taxes, workers' compensation, liability insurance, and
other benefits, if any;
(10) enter into a written agreement
under subdivision 21 before services are provided;
(11) report suspected neglect and
abuse to the common entry point according to section 256B.0651;
(12) provide the recipient with a copy
of the home care bill of rights at start of service; and
(13) market agency services only
through printed information in brochures and on Web sites and not engage in any
direct contact or marketing in person, by telephone, or other electronic means
to potential recipients, guardians, or family members.
Subd. 25.
Personal care assistance
provider agency; background studies.
Personal care assistance provider agencies enrolled to provide
personal care assistance services under the medical assistance program shall
comply with the following:
(1) owners who have a five percent interest
or more and all managerial officials are subject to a background study as
provided in chapter 245C. This applies
to currently enrolled personal care assistance provider agencies and those
agencies seeking enrollment as a personal care assistance provider agency. Managerial official has the same meaning as
Code of Federal Regulations, title 42, section 455. An organization is barred from enrollment if:
(i) the organization has not initiated
background studies on owners and managerial officials; or
(ii) the organization has initiated
background studies on owners and managerial officials, but the commissioner has
sent the organization a notice that an owner or managerial official of the
organization has been disqualified under section 245C.14, and the owner or
managerial official has not received a set aside of the disqualification under
section 245C.22;
(2) a background study must be
initiated and completed for all qualified professionals; and
(3) a background study must be
initiated and completed for all personal care assistants.
Subd. 26.
Personal care assistance
provider agency; communicable disease prevention. A personal care assistance provider agency
shall establish and implement policies and procedures for prevention, control,
and investigation of infections and communicable diseases according to current
nationally recognized infection control practices or guidelines established by
the United States Centers for Disease Control and Prevention, as well as
applicable regulations of other federal or state agencies.
Subd. 27.
Personal care assistance
provider agency; ventilator training.
The personal care assistance provider agency is required to provide
training for the personal care assistant responsible for working with a
recipient who is ventilator dependent.
All training must be administered by a respiratory therapist, nurse, or
physician. Qualified professional
supervision by a nurse must be completed and documented on file in the personal
care assistant's employment record and the recipient's health record. If offering personal care services to a
ventilator-dependent recipient, the personal care assistance provider agency
shall demonstrate the ability to:
(1) train the personal care assistant;
(2) supervise the personal care
assistant in ventilator operation and maintenance; and
(3) supervise the recipient and
responsible party in ventilator operation and maintenance.
Subd. 28.
Personal care assistance
provider agency; required documentation. Required documentation must be completed
and kept in the personal care assistance provider agency file or the
recipient's home residence. The required
documentation consists of:
(1) employee files, including:
(i) applications for employment;
(ii) background study requests and
results;
(iii) orientation records about the
agency policies;
(iv) trainings completed with
demonstration of competence;
(v) supervisory visits;
(vi) evaluations of employment; and
(vii) signature on fraud statement;
(2) recipient files, including:
(i) demographics;
(ii) emergency contact information
and emergency backup plan;
(iii) personal care assistance
service plan;
(iv) personal care assistance care
plan;
(v) month-to-month service use plan;
(vi) all communication records;
(vii) start of service information,
including the written agreement with recipient; and
(viii) date the home care bill of
rights was given to the recipient;
(3) agency policy manual, including:
(i) policies for employment and
termination;
(ii) grievance policies with resolution
of consumer grievances;
(iii) staff and consumer safety;
(iv) staff misconduct; and
(v) staff hiring, service delivery,
staff and consumer safety, staff misconduct, and resolution of consumer
grievances; and
(4) time sheets for each personal care
assistant along with completed activity sheets for each recipient served.
Subd. 29.
Transitional assistance. Notwithstanding any contrary provision in
this section, the commissioner, counties, and personal care assistance
providers shall work together to provide transitional assistance for recipients
and families to come into compliance with the requirements of this section, and
ensure that personal care assistance services are not provided by the housing
provider. The commissioner and counties
shall provide this assistance until July 1, 2010.
Subd. 30.
Notice of service changes to
recipients. All recipients
who will be affected by the changes in medical assistance home care services
must be provided notice of the changes at least 30 days before the effective
date of the change. The notice shall
include how to get further information on the changes, how to get help to
obtain other services, a list of community resources, and appeal rights. Notwithstanding section 256.045, a recipient
may request continued services pending appeal within the time period allowed to
request an appeal.
Sec. 33.
Minnesota Statutes 2008, section 256B.0911, subdivision 1, is amended to
read:
Subdivision 1. Purpose and goal. (a) The purpose of long-term care consultation
services is to assist persons with long-term or chronic care needs in making
long-term care decisions and selecting options that meet their needs and
reflect their preferences. The
availability of, and access to, information and other types of assistance,
including assessment and support planning, is also intended to prevent or
delay certified nursing facility placements and to provide transition
assistance after admission. Further, the
goal of these services is to contain costs associated with unnecessary
certified nursing facility admissions. Long-term
consultation services must be available to any person regardless of public
program eligibility. The commissioners
commissioner of human services and health shall seek to maximize
use of available federal and state funds and establish the broadest program
possible within the funding available.
(b) These services must be coordinated with services
long-term care options counseling provided under section 256.975,
subdivision 7, and with services provided by other public and private
agencies in the community section 256.01, subdivision 24, for telephone
assistance and follow up and to offer a variety of cost-effective
alternatives to persons with disabilities and elderly persons. The county or tribal agency or
managed care plan providing long-term care consultation services shall
encourage the use of volunteers from families, religious organizations, social
clubs, and similar civic and service organizations to provide community-based
services.
Sec. 34.
Minnesota Statutes 2008, section 256B.0911, subdivision 1a, is amended
to read:
Subd. 1a. Definitions. For purposes of this section, the following
definitions apply:
(a) "Long-term care consultation services"
means:
(1) providing information and education
to the general public regarding availability of the services authorized under
this section;
(2) an intake process that provides
access to the services described in this section;
(3) assessment of the health,
psychological, and social needs of referred individuals;
(4) (1) assistance in identifying services needed
to maintain an individual in the least restrictive most inclusive environment;
(5) (2) providing recommendations on
cost-effective community services that are available to the individual;
(6) (3) development of an individual's person-centered
community support plan;
(7) (4) providing information regarding
eligibility for Minnesota health care programs;
(5) face-to-face long-term care
consultation assessments, which may be completed in a hospital, nursing
facility, intermediate care facility for persons with developmental
disabilities (ICF/DDs), regional treatment centers, or the person's current or
planned residence;
(8) preadmission (6) federally mandated screening
to determine the need for a nursing facility institutional level
of care under section 256B.0911, subdivision 4, paragraph (a);
(9) preliminary (7) determination of Minnesota
health care programs home and community-based waiver service eligibility
including level of care determination for individuals who need a
nursing facility an institutional level of care as defined under
section 144.0724, subdivision 11, or 256B.092, service eligibility
including state plan home care services identified in section 256B.0625,
subdivisions 6, 7, and 19, paragraphs (a) and (c), based on assessment and
support plan development with appropriate referrals for final
determination;
(10) (8) providing recommendations
for nursing facility placement when there are no cost-effective community
services available; and
(11) (9) assistance to transition
people back to community settings after facility admission.
(b) "Long-term care options
counseling" means the services provided by the linkage lines as mandated
by sections 256.01 and 256.975, subdivision 7.
(b) (c) "Minnesota health care
programs" means the medical assistance program under chapter 256B and the
alternative care program under section 256B.0913.
(d) "Lead agencies" means
counties or a collaboration of counties, tribes, and health plans administering
long-term care consultation assessment and support planning services.
EFFECTIVE DATE.
The amendment to paragraph (a), clause (7), replacing a reference to
nursing facility level of care with institutional level of care as defined
under Minnesota Statutes, section 144.0724, subdivision 11, or 256B.092, is
effective July 1, 2011.
Sec. 35.
Minnesota Statutes 2008, section 256B.0911, is amended by adding a
subdivision to read:
Subd. 2b.
Certified assessors. (a) Beginning January 1, 2011, each lead
agency shall have certified assessors who have completed training and
certification process determined by the commissioner in subdivision 2c. Certified assessors shall demonstrate best
practices in assessment and support planning including person-centered planning
principals and have a common set of skills that must ensure consistency and
equitable access to services statewide.
(b) Certified assessors are persons
with a minimum of a bachelor's degree in social work, nursing with a public
health nursing certificate, or other closely related field with at least one
year of home and community-based experience or a two-year registered nursing
degree with at least three years of home and community-based experience that
have received training and certification specific to assessment and
consultation for long-term care services in the state.
Sec. 36.
Minnesota Statutes 2008, section 256B.0911, is amended by adding a
subdivision to read:
Subd. 2c.
Assessor training and certification. The commissioner shall develop curriculum
and a certification process to begin no later than January 1, 2010. All existing lead agency staff designated to
provide the services defined in subdivision 1a must be certified by December
30, 2010. Each lead agency is required
to ensure that they have sufficient numbers of certified assessors to provide
long-term consultation assessment and support planning within the timelines and
parameters of the service by January 1, 2011.
Certified assessors are required to be recertified every three years.
Sec. 37.
Minnesota Statutes 2008, section 256B.0911, subdivision 3, is amended to
read:
Subd. 3. Long-term care consultation team. (a) Until January 1, 2011, a long-term
care consultation team shall be established by the county board of
commissioners. Each local consultation
team shall consist of at least one social worker and at least one public health
nurse from their respective county agencies.
The board may designate public health or social services as the lead
agency for long-term care consultation services. 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. Two or more counties may
collaborate to establish a joint local consultation team or teams.
(b) The team is responsible for providing long-term
care consultation services to all persons located in the county who request the
services, regardless of eligibility for Minnesota health care programs.
(c) The commissioner shall allow
arrangements and make recommendations that encourage counties to collaborate to
establish joint local long-term care consultation teams to ensure that
long-term care consultations are done within the timelines and parameters of
the service. This includes integrated
service models as required in section 256B.0911, subdivision 1, paragraph (b).
Sec. 38.
Minnesota Statutes 2008, section 256B.0911, subdivision 3a, is amended
to read:
Subd. 3a. Assessment and support planning. (a) Persons requesting assessment, services
planning, or other assistance intended to support community-based living,
including persons who need assessment in order to determine personal care
assistance services, private duty nursing services, home health agency
services, waiver or alternative care program eligibility, must be visited
by a long-term care consultation team or after January 1, 2011, a certified
assessor within ten working 15 calendar days after the date
on which an assessment was requested or recommended. Face-to-face assessments must be
conducted according to paragraphs (b) to (i) (k).
(b) The county may utilize a team of either the social
worker or public health nurse, or both, after January 1, 2011, lead agencies
shall use a certified assessor to conduct the assessment in a face-to-face
interview. The consultation team members
must confer regarding the most appropriate care for each individual screened or
assessed.
(c) The long-term care consultation team must
assess the health and social needs of the person assessment must be
comprehensive and include a person-centered assessment of the health,
psychological, functional, environmental, and social needs of referred individuals
and provide information necessary to develop a support plan that meets the
consumers needs, using an assessment form provided by the commissioner.
(d) The team must conduct the assessment must
be conducted in a face-to-face interview with the person being assessed and
the person's legal representative, if applicable as required by
legally executed documents, and other individuals as requested by the person,
who can provide information on the needs, strengths, and preferences of the
person necessary to develop a support plan that ensures the person's health and
safety, but who is not a provider of service or has any financial interest in
the provision of services.
(e) The team must provide the person, or the
person's legal representative, must be provided with written
recommendations for facility- or community-based services. The team must document or
institutional care that include documentation that the most cost-effective
alternatives available were offered to the individual. For purposes of this requirement,
"cost-effective alternatives" means community services and living
arrangements that cost the same as or less than nursing facility
institutional care.
(f) If the person chooses to use community-based
services, the team must provide the person or the person's legal
representative must be provided with a written community support plan,
regardless of whether the individual is eligible for Minnesota health care
programs. The A person may
request assistance in developing a community support plan identifying
community supports without participating in a complete assessment. Upon a request for assistance identifying
community support, the person must be transferred or referred to the services
available under sections 256.975, subdivision 7, and 256.01, subdivision 24,
for telephone assistance and follow up.
(g) The person has the right to make the final decision
between nursing facility institutional placement and community
placement after the screening team's recommendation recommendations
have been provided, except as provided in subdivision 4a, paragraph (c).
(h) The team must give the person receiving assessment
or support planning, or the person's legal representative, materials, and forms
supplied by the commissioner containing the following information:
(1) the need for and purpose of preadmission screening
if the person selects nursing facility placement;
(2) the role of the long-term care consultation
assessment and support planning in waiver and alternative care program
eligibility determination;
(3) information about Minnesota health care programs;
(4) the person's freedom to accept or reject the
recommendations of the team;
(5) the person's right to confidentiality under the
Minnesota Government Data Practices Act, chapter 13;
(6) the long-term care consultant's decision regarding
the person's need for nursing facility institutional level of
care as determined under criteria established in section 144.0724,
subdivision 11, or 256B.092; and
(7) the person's right to appeal the decision regarding
the need for nursing facility level of care or the county's final decisions
regarding public programs eligibility according to section 256.045, subdivision
3.
(i) Face-to-face assessment completed as part of
eligibility determination for the alternative care, elderly waiver, community
alternatives for disabled individuals, community alternative care, and
traumatic brain injury waiver programs under sections 256B.0915, 256B.0917, and
256B.49 is valid to establish service eligibility for no more than 60 calendar
days after the date of assessment. The
effective eligibility start date for these programs can never be prior to the
date of assessment. If an assessment was
completed more than 60 days before the effective waiver or alternative care
program eligibility start date, assessment and support plan information must be
updated in a face-to-face visit and documented in the department's Medicaid
Management Information System (MMIS).
The effective date of program eligibility in this case cannot be prior
to the date the updated assessment is completed.
EFFECTIVE DATE.
The amendment to paragraph (h), clause (6), is effective July 1,
2011.
Sec. 39.
Minnesota Statutes 2008, section 256B.0911, subdivision 4a, is amended
to read:
Subd. 4a. Preadmission screening activities related
to nursing facility admissions. (a)
All applicants to Medicaid certified nursing facilities, including certified
boarding care facilities, must be screened prior to admission regardless of
income, assets, or funding sources for nursing facility care, except as
described in subdivision 4b. The purpose
of the screening is to determine the need for nursing facility level of care as
described in paragraph (d) and to complete activities required under federal
law related to mental illness and developmental disability as outlined in
paragraph (b).
(b) A person who has a diagnosis or possible diagnosis
of mental illness or developmental disability must receive a preadmission
screening before admission regardless of the exemptions outlined in subdivision
4b, paragraph (b), to identify the need for further evaluation and specialized
services, 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 101-508.
The following criteria apply to the preadmission
screening:
(1) the county must use forms and criteria developed by
the commissioner to identify persons who require referral for further
evaluation and determination of the need for specialized services; and
(2) the evaluation and determination of the need for
specialized services must be done by:
(i) a qualified independent mental health professional,
for persons with a primary or secondary diagnosis of a serious mental illness;
or
(ii) a qualified developmental disability professional,
for persons with a primary or secondary diagnosis of developmental
disability. For purposes of this
requirement, a qualified developmental disability professional must meet the
standards for a qualified developmental disability professional under Code of
Federal Regulations, title 42, section 483.430.
(c) The local county mental health authority or the
state developmental disability 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 developmental disability
means active treatment as that term is defined under Code of Federal
Regulations, title 42, section 483.440 (a)(1).
(d) The determination of the need for nursing facility
level of care must be made according to criteria established in section
144.0724, subdivision 11, and 256B.092, using forms developed by the
commissioner. In assessing a person's
needs, consultation team members shall have a physician available for
consultation and shall consider the assessment of the individual's attending
physician, if any. The individual's
physician must be included if the physician chooses to participate. Other personnel may be included on the team
as deemed appropriate by the county.
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 40.
Minnesota Statutes 2008, section 256B.0911, subdivision 5, is amended to
read:
Subd. 5. Administrative activity. The commissioner shall minimize the number of
forms required in the provision of long-term care consultation services and
shall limit the screening document to items necessary for community support
plan approval, reimbursement, program planning, evaluation, and policy
development business processes required to provide the services in this
section and shall implement integrated solutions to automate the business
processes to the extent necessary for community support plan approval,
reimbursement, program planning, evaluation, and policy development.
Sec. 41. Minnesota
Statutes 2008, section 256B.0911, subdivision 6, is amended to read:
Subd. 6. Payment for long-term care consultation
services. (a) The total payment for
each county must be paid monthly by certified nursing facilities in the
county. The monthly amount to be paid by
each nursing facility for each fiscal year must be determined by dividing the
county's annual allocation for long-term care consultation services by 12 to
determine the monthly payment and allocating the monthly payment to each nursing
facility based on the number of licensed beds in the nursing facility. Payments to counties in which there is no
certified nursing facility must be made by increasing the payment rate of the
two facilities located nearest to the county seat.
(b) The commissioner shall include the total annual
payment determined under paragraph (a) for each nursing facility
reimbursed under section 256B.431 or 256B.434 according to section 256B.431,
subdivision 2b, paragraph (g).
(c) In the event of the layaway, delicensure and
decertification, or removal from layaway of 25 percent or more of the beds in a
facility, the commissioner may adjust the per diem payment amount in paragraph
(b) and may adjust the monthly payment amount in paragraph (a). The effective date of an adjustment made
under this paragraph shall be on or after the first day of the month following
the effective date of the layaway, delicensure and decertification, or removal
from layaway.
(d) Payments for long-term care consultation services
are available to the county or counties to cover staff salaries and expenses to
provide the services described in subdivision 1a. The county shall employ, or contract with
other agencies to employ, within the limits of available funding, sufficient
personnel to provide long-term care consultation services while meeting the
state's long-term care outcomes and objectives as defined in section 256B.0917,
subdivision 1. The county shall be
accountable for meeting local objectives as approved by the commissioner in the
biennial home and community-based services quality assurance plan on a form
provided by the commissioner.
(e) Notwithstanding section 256B.0641, overpayments
attributable to payment of the screening costs under the medical assistance
program may not be recovered from a facility.
(f) The commissioner of human services shall amend the
Minnesota medical assistance plan to include reimbursement for the local
consultation teams.
(g) The county may bill, as case management services,
assessments, support planning, and follow-along provided to persons determined
to be eligible for case management under Minnesota health care programs. No individual or family member shall be
charged for an initial assessment or initial support plan development provided
under subdivision 3a or 3b.
(h) The commissioner shall develop an
alternative payment methodology for long-term care consultation services that
includes the funding available under this subdivision, and sections 256B.092
and 256B.0655. In developing the new payment
methodology, the commissioner shall consider the maximization of federal
funding for this activity.
Sec. 42.
Minnesota Statutes 2008, 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 county 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 in section 144.0724, subdivision 11, or, if indicated, has not
had a level II OBRA evaluation as required under the federal Omnibus Budget
Reconciliation Act of 1987 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 developmental disability is approved by the state
developmental disability authority.
(b) The nursing facility must not bill a person who is
not a medical assistance recipient for resident days that preceded the date of
completion of screening activities as required under subdivisions 4a, 4b, and
4c. The nursing facility must include
unreimbursed resident days in the nursing facility resident day totals reported
to the commissioner.
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 43.
Minnesota Statutes 2008, 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 determined by a community
assessment under section 256B.0911 to be a person who would require the level
of care provided in a nursing facility according to the criteria established
in section 144.0724, subdivision 11, but for the provision of services
under the alternative care program;
(2) the person is age 65 or older;
(3) the person would be eligible for medical
assistance within 135 days of admission to a nursing facility;
(4) the person is not ineligible for the payment of
long-term care services by the medical assistance program due to an asset
transfer penalty under section 256B.0595 or equity interest in the home
exceeding $500,000 as stated in section 256B.056;
(5) the person needs long-term care services that are
not funded through other state or federal funding;
(6) the monthly cost of the alternative care services
funded by the program for this person does not exceed 75 percent of the monthly
limit described under section 256B.0915, subdivision 3a. This monthly limit does not prohibit the
alternative care client from payment for additional services, but in no case
may the cost of additional services purchased under this section exceed the
difference between the client's monthly service limit defined under section
256B.0915, subdivision 3, and the alternative care program monthly service
limit defined in this paragraph. If
care-related supplies and equipment or environmental modifications and
adaptations are or will be purchased for an alternative care services
recipient, the costs may be prorated on a monthly basis for up to 12
consecutive months beginning with the month of purchase. 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
described in this paragraph; and
(7) the person is making timely payments of the
assessed monthly fee.
A person is ineligible if payment of the fee is over 60 days
past due, unless the person agrees to:
(i) the appointment of a representative payee;
(ii) automatic payment from a financial account;
(iii) the establishment of greater family involvement
in the financial management of payments; or
(iv) another method acceptable to the lead agency to
ensure prompt fee payments.
The lead agency may extend the client's eligibility as
necessary while making arrangements to facilitate payment of past-due amounts
and future premium payments. Following
disenrollment due to nonpayment of a monthly fee, eligibility shall not be
reinstated for a period of 30 days.
(b) 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 or waiver
obligation. A person whose initial
application for medical assistance and the elderly waiver program 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, medical assistance must be billed for
services payable under the federally approved elderly waiver plan and delivered
from the date the individual was found eligible for the federally approved
elderly waiver plan. Notwithstanding this provision, alternative care
funds may not be used to pay for any service the cost of which: (i) is payable by medical assistance;
(ii) is used by a recipient to meet a waiver obligation; or (iii) is used to
pay a medical assistance income spenddown for a person who is eligible to
participate in the federally approved elderly waiver program under the special
income standard provision.
(c) Alternative care funding is not available for a
person who resides in a licensed nursing home, certified boarding care home,
hospital, or intermediate care facility, except for case management services
which are provided in support of the discharge planning process for a nursing
home resident or certified boarding care home resident to assist with a
relocation process to a community-based setting.
(d) Alternative care funding is not available for a
person whose income is greater than the maintenance needs allowance under
section 256B.0915, subdivision 1d, but equal to or less than 120 percent of the
federal poverty guideline effective July 1 in the fiscal year for which
alternative care eligibility is determined, who would be eligible for the
elderly waiver with a waiver obligation.
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 44.
Minnesota Statutes 2008, section 256B.0915, subdivision 3e, is amended
to read:
Subd. 3e. Customized living service rate. (a) Payment for customized living services
shall be a monthly rate negotiated and authorized by the lead agency
within the parameters established by the commissioner. The payment agreement must delineate the services
that have been customized for each recipient and specify the amount of each
component service included in the recipient's customized living service to
be provided plan. The lead
agency shall ensure that there is a documented need for all within
the parameters established by the commissioner for all component customized
living services authorized. Customized
living services must not include rent or raw food costs.
(b) The negotiated payment rate
must be based on the amount of component services to be provided
utilizing component rates established by the commissioner. Counties and tribes shall use tools issued by
the commissioner to develop and document customized living service plans and
rates.
Negotiated (c) Component service rates must not exceed payment rates
for comparable elderly waiver or medical assistance services and must reflect
economies of scale. Customized living
services must not include rent or raw food costs.
(b) (d) The individualized monthly negotiated
authorized payment for the customized living services
service plan shall not exceed the nonfederal share, in effect on July 1
of the state fiscal year for which the rate limit is being calculated,
50 percent of the greater of either the statewide or any of the geographic
groups' weighted average monthly nursing facility rate of the case mix resident
class to which the elderly waiver eligible client would be assigned under
Minnesota Rules, parts 9549.0050 to 9549.0059, less the maintenance needs
allowance as described in subdivision 1d, paragraph (a), until the July 1 of the
state fiscal year in which the resident assessment system as described in
section 256B.438 for nursing home rate determination is implemented. Effective on July 1 of the state fiscal year
in which the resident assessment system as described in section 256B.438 for
nursing home rate determination is implemented and July 1 of each subsequent
state fiscal year, the individualized monthly negotiated authorized
payment for the services described in this clause shall not exceed the limit described
in this clause which was in effect on June 30 of the previous state fiscal
year and which has been adjusted by the greater of any legislatively adopted
home and community-based services cost-of-living percentage increase or any
legislatively adopted statewide percent rate increase for nursing facilities
updated annually based on legislatively adopted changes to all service rate
maximums for home and community-based service providers.
(c) (e) Customized living services are delivered
by a provider licensed by the Department of Health as a class A or class F home
care provider and provided in a building that is registered as a housing with
services establishment under chapter 144D.
Sec. 45.
Minnesota Statutes 2008, section 256B.0915, subdivision 3h, is amended
to read:
Subd. 3h. Service rate limits; 24-hour customized
living services. (a) The
payment rates for 24-hour customized living services is are a
monthly rate negotiated and authorized by the lead agency within the
parameters established by the commissioner of human services. The payment agreement must delineate the services
that have been customized for each recipient and specify the amount of each
component service included in each recipient's customized living service
to be provided plan. The
lead agency shall ensure that there is a documented need within the
parameters established by the commissioner for all component customized
living services authorized. The lead
agency shall not authorize 24-hour customized living services unless there is a
documented need for 24-hour supervision.
(b) For purposes of this section,
"24-hour supervision" means that the recipient requires assistance
due to needs related to one or more of the following:
(1) intermittent assistance with toileting or
transferring;
(2) cognitive or behavioral issues;
(3) a medical condition that requires clinical
monitoring; or
(4) other conditions or needs as defined by the
commissioner of human services. The lead
agency shall ensure that the frequency and mode of supervision of the recipient
and the qualifications of staff providing supervision are described and meet
the needs of the recipient. Customized
living services must not include rent or raw food costs.
(c) The negotiated payment rate
for 24-hour customized living services must be based on the amount of
component services to be provided utilizing component rates established
by the commissioner. Counties and tribes
will use tools issued by the commissioner to develop and document customized
living plans and authorize rates.
Negotiated (d) Component service rates must not exceed payment rates
for comparable elderly waiver or medical assistance services and must reflect
economies of scale.
(e) The individually negotiated
authorized 24-hour customized living payments, in combination with the
payment for other elderly waiver services, including case management, must not
exceed the recipient's community budget cap specified in subdivision 3a. Customized living services must not
include rent or raw food costs.
(f) The individually authorized
24-hour customized living payment rates shall not exceed the 95 percentile of
statewide monthly authorizations for 24-hour customized living services in
effect and in the Medicaid management information systems on March 31, 2009,
for each case mix resident class under Minnesota Rules, parts 9549.0050 to
9549.0059, to which elderly waiver service clients are assigned. When there are fewer than 50 authorizations
in effect in the case mix resident class, the commissioner shall multiply the
calculated service payment rate maximum for the A classification by the
standard weight for that classification under Minnesota Rules, parts 9549.0050
to 9549.0059, to determine the applicable payment rate maximum. Service payment rate maximums shall be
updated annually based on legislatively adopted changes to all service rates
for home and community-based service providers.
(g) Notwithstanding the requirements
of paragraphs (d) and (f), the commissioner may establish alternative payment
rate systems for 24-hour customized living services in housing with services
establishments which are freestanding buildings with a capacity of 16 or fewer,
by applying a single hourly rate for covered component services provided in
either:
(1) licensed corporate adult foster
homes; or
(2) specialized dementia care units
which meet the requirements of section 144D.065 and in which:
(i) each resident is offered the
option of having their own apartment; or
(ii) the units are licensed as board
and lodge establishments with maximum capacity of eight residents, and which
meet the requirements of Minnesota Rules, part 9555.6205, subparts 1, 2, 3, and
4, item A.
Sec. 46.
Minnesota Statutes 2008, section 256B.0915, subdivision 5, is amended to
read:
Subd. 5. Assessments and reassessments for waiver
clients. (a) Each client
shall receive an initial assessment of strengths, informal supports, and need
for services in accordance with section 256B.0911, subdivisions 3, 3a, and
3b. A reassessment of a client served
under the elderly waiver must be conducted at least every 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. There must be a determination that the
client requires nursing facility level of care as defined in section 144.0724,
subdivision 11, at initial and subsequent assessments to initiate and maintain
participation in the waiver program.
(b) Regardless of other assessments
identified in section 144.0724, subdivision 4, as appropriate to determine
nursing facility level of care for purposes of medical assistance payment for
nursing facility services, only face-to-face assessments conducted according to
section 256B.0911, subdivisions 3a and 3b, that result in a nursing facility
level of care determination will be accepted for purposes of initial and
ongoing access to waiver service payment.
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 47.
Minnesota Statutes 2008, section 256B.0915, is amended by adding a
subdivision to read:
Subd. 10.
Waiver payment rates; managed
care organizations. The
commissioner shall adjust the elderly waiver capitation payment rates for
managed care organizations paid under section 256B.69, subdivisions 6a and 23,
to reflect the maximum service rate limits for customized living services and
24-hour customized living services under subdivisions 3e and 3h for the
contract period beginning October 1, 2009.
Medical assistance rates paid to customized living providers by managed
care organizations under this section shall not exceed the maximum service rate
limits determined by the commissioner under subdivisions 3e and 3h.
Sec. 48.
Minnesota Statutes 2008, section 256B.0916, subdivision 2, is amended to
read:
Subd. 2. Distribution of funds; partnerships. (a) Beginning with fiscal year 2000, the
commissioner shall distribute all funding available for home and
community-based waiver services for persons with developmental disabilities to
individual counties or to groups of counties that form partnerships to jointly
plan, administer, and authorize funding for eligible individuals. The commissioner shall encourage counties to
form partnerships that have a sufficient number of recipients and funding to
adequately manage the risk and maximize use of available resources.
(b) Counties must submit a request for funds and a plan
for administering the program as required by the commissioner. The plan must identify the number of clients
to be served, their ages, and their priority listing based on:
(1) requirements in Minnesota Rules, part 9525.1880;
and
(2) unstable living situations due to the age or
incapacity of the primary caregiver; statewide priorities identified in
section 256B.092, subdivision 12.
(3) the need for services to avoid
out-of-home placement of children;
(4) the need to serve persons
affected by private sector ICF/MR closures; and
(5) the need to serve persons whose
consumer support grant exception amount was eliminated in 2004.
The plan must also identify changes made to improve services
to eligible persons and to improve program management.
(c) In allocating resources to counties, priority must
be given to groups of counties that form partnerships to jointly plan,
administer, and authorize funding for eligible individuals and to counties
determined by the commissioner to have sufficient waiver capacity to maximize
resource use.
(d) Within 30 days after receiving the county request
for funds and plans, the commissioner shall provide a written response to the
plan that includes the level of resources available to serve additional
persons.
(e) Counties are eligible to receive medical
assistance administrative reimbursement for administrative costs under criteria
established by the commissioner.
Sec. 49.
Minnesota Statutes 2008, section 256B.0917, is amended by adding a
subdivision to read:
Subd. 14.
Essential community supports
grants. (a) The purpose of
the essential community supports grant program is to provide targeted services
to persons 65 years and older who need essential community support, but whose
needs do not meet the level of care required for nursing facility placement
under section 144.0724, subdivision 11.
(b) Within the limits of the
appropriation and not to exceed $400 per person per month, funding must be
available to a person who:
(1) is age 65 or older;
(2) is not eligible for medical
assistance;
(3) would
otherwise be financially eligible for the alternative care program under
section 256B.0913, subdivision 4;
(4) has received a community
assessment under section 256B.0911, subdivision 3a or 3b, and does not require
the level of care provided in a nursing facility;
(5) has a community support plan; and
(6) has been determined by a
community assessment under section 256B.0911, subdivision 3a or 3b, to be a
person who would require provision of at least one of the following services,
as defined in the approved elderly waiver plan, in order to maintain their
community residence:
(i) caregiver support;
(ii) homemaker;
(iii) chore; or
(iv) a personal emergency response
device or system.
(c) The person receiving any of the
essential community supports in this subdivision must also receive service
coordination as part of their community support plan.
(d) A person who has been determined
to be eligible for an essential community support grant must be reassessed at
least annually and continue to meet the criteria in paragraph (b) to remain
eligible for an essential community support grant.
(e) The commissioner shall allocate
grants to counties and tribes under contract with the department based upon the
historic use of the medical assistance elderly waiver and alternative care
grant programs and other criteria as determined by the commissioner.
EFFECTIVE DATE.
This section is effective July 1, 2011.
Sec. 50.
Minnesota Statutes 2008, section 256B.092, subdivision 8a, is amended to
read:
Subd. 8a. County concurrence. (a) If the county of financial responsibility
wishes to place a person in another county for services, the county of
financial responsibility shall seek concurrence from the proposed county of
service and the placement shall be made cooperatively between the two
counties. Arrangements shall be made
between the two counties for ongoing social service, including annual reviews
of the person's individual service plan.
The county where services are provided may not make changes in the
person's service plan without approval by the county of financial
responsibility.
(b) When a person has been screened and authorized for
services in an intermediate care facility for persons with developmental
disabilities or for home and community-based services for persons with
developmental disabilities, the case manager shall assist that person in
identifying a service provider who is able to meet the needs of the person according
to the person's individual service plan.
If the identified service is to be provided in a county other than the
county of financial responsibility, the county of financial responsibility
shall request concurrence of the county where the person is requesting to
receive the identified services. The
county of service may refuse to concur if:
(1) it can demonstrate that the provider is unable to
provide the services identified in the person's individual service plan as
services that are needed and are to be provided; or
(2) in the case of an intermediate care facility for
persons with developmental disabilities, there has been no authorization for
admission by the admission review team as required in section 256B.0926; or.
(3) in the case of home and community-based
services for persons with developmental disabilities, the county of service can
demonstrate that the prospective provider has failed to substantially comply
with the terms of a past contract or has had a prior contract terminated within
the last 12 months for failure to provide adequate services, or has received a
notice of intent to terminate the contract.
(c) The county of service shall notify the county of
financial responsibility of concurrence or refusal to concur no later than 20
working days following receipt of the written request. Unless other mutually acceptable arrangements
are made by the involved county agencies, the county of financial
responsibility is responsible for costs of social services and the costs
associated with the development and maintenance of the placement. The county of service may request that the
county of financial responsibility purchase case management services from the
county of service or from a contracted provider of case management when the
county of financial responsibility is not providing case management as defined
in this section and rules adopted under this section, unless other mutually
acceptable arrangements are made by the involved
county agencies. Standards for payment
limits under this section may be established by the commissioner. Financial disputes between counties shall be
resolved as provided in section 256G.09.
Sec. 51.
Minnesota Statutes 2008, section 256B.092, is amended by adding a
subdivision to read:
Subd. 11.
Residential support services. (a) Upon federal approval, there is
established a new service called residential support that is available on the
CAC, CADI, DD, and TBI waivers. Existing
waiver service descriptions must be modified to the extent necessary to ensure
there is no duplication between other services.
Residential support services must be provided by vendors licensed under
category community residential setting as defined in section 245A.11,
subdivision 8.
(b) Residential support services must
meet the following criteria:
(1) providers of residential support
services must own or control the residential site;
(2) the residential site must not be
the primary residence of the license holder;
(3) the residential site must have a
designated program supervisor responsible for program oversight, development,
and implementation of policies and procedures;
(4) the provider of residential
support services must provide supervision, training, and assistance as
described in the person's community support plan; and
(5) the provider of residential
support services must meet the requirements of licensure and additional
requirements of the person's community support plan.
(c) Providers of residential support
services that meet the definition in paragraph (a) must be registered using a
process determined by the commissioner beginning July 1, 2009.
Sec. 52.
Minnesota Statutes 2008, section 256B.092, is amended by adding a
subdivision to read:
Subd. 12.
Waivered services statewide
priorities. (a) The
commissioner shall establish statewide priorities for individuals on the
waiting list for developmental disabilities (DD) waiver services, as of January
1, 2010. The statewide priorities must
include, but are not limited to, individuals who continue to have a need for
waiver services after they have maximized the use of state plan services and
other funding resources, including natural supports, prior to accessing waiver
services, and who meet at least one of the following criteria:
(1) have unstable living situations
due to the age, incapacity, or sudden loss of the primary caregivers;
(2) are moving from an institution
due to bed closures;
(3) experience a sudden closure of
their current living arrangement;
(4) require protection from confirmed
abuse, neglect, or exploitation;
(5) experience a sudden change in
need that can no longer be met through state plan services or other funding
resources alone; or
(6) meet other priorities established
by the department.
(b) When allocating resources to lead
agencies, the commissioner shall take into consideration the number of
individuals waiting who meet statewide priorities.
(c) The commissioner shall evaluate
the impact of the use of statewide priorities and provide recommendations to
the legislature on whether to continue the use of statewide priorities in the
November 1, 2011, annual report required by the commissioner in sections
256B.0916, subdivision 7, and 256B.49, subdivision 21.
Sec. 53.
Minnesota Statutes 2008, section 256B.37, subdivision 1, is amended to
read:
Subdivision 1. Subrogation. Upon furnishing medical assistance or
alternative care services under section 256B.0913 to any person who has
private accident or health care coverage, or receives or has a right to receive
health or medical care from any type of organization or entity, or has a cause
of action arising out of an occurrence that necessitated the payment of medical
assistance, the state agency or the state agency's agent shall be subrogated,
to the extent of the cost of medical care furnished, to any rights the person
may have under the terms of the coverage, or against the organization or entity
providing or liable to provide health or medical care, or under the cause of
action.
The right of subrogation created in this section
includes all portions of the cause of action, notwithstanding any settlement
allocation or apportionment that purports to dispose of portions of the cause
of action not subject to subrogation.
Sec. 54.
Minnesota Statutes 2008, section 256B.37, subdivision 5, is amended to read:
Subd. 5. Private benefits to be used first. Private accident and health care coverage
including Medicare for medical services is primary coverage and must be
exhausted before medical assistance is or alternative care services
are paid for medical services including home health care, personal care
assistant services, hospice, supplies and equipment, or services covered
under a Centers for Medicare and Medicaid Services waiver. When a person who is otherwise eligible for
medical assistance has private accident or health care coverage, including
Medicare or a prepaid health plan, the private health care benefits available
to the person must be used first and to the fullest extent.
Sec. 55.
Minnesota Statutes 2008, section 256B.437, subdivision 6, is amended to
read:
Subd. 6. Planned closure rate adjustment. (a) The commissioner of human services shall
calculate the amount of the planned closure rate adjustment available under
subdivision 3, paragraph (b), for up to 5,140 beds according to clauses (1) to
(4):
(1) the amount available is the net reduction of
nursing facility beds multiplied by $2,080;
(2) the total number of beds in the nursing facility
or facilities receiving the planned closure rate adjustment must be identified;
(3) capacity days are determined by multiplying the
number determined under clause (2) by 365; and
(4) the planned closure rate adjustment is the amount
available in clause (1), divided by capacity days determined under clause (3).
(b) A planned closure rate adjustment under this
section is effective on the first day of the month following completion of
closure of the facility designated for closure in the application and becomes
part of the nursing facility's total operating payment rate.
(c) Applicants may use the planned closure rate
adjustment to allow for a property payment for a new nursing facility or an
addition to an existing nursing facility or as an operating payment rate
adjustment. Applications approved under
this subdivision are exempt from other requirements for moratorium exceptions
under section 144A.073, subdivisions 2 and 3.
(d) Upon the request of a closing facility, the
commissioner must allow the facility a closure rate adjustment as provided
under section 144A.161, subdivision 10.
(e) A facility that has received a planned closure
rate adjustment may reassign it to another facility that is under the same
ownership at any time within three years of its effective date. The amount of the adjustment shall be
computed according to paragraph (a).
(f) If the per bed dollar amount specified in
paragraph (a), clause (1), is increased, the commissioner shall recalculate
planned closure rate adjustments for facilities that delicense beds under this
section on or after July 1, 2001, to reflect the increase in the per bed dollar
amount. The recalculated planned closure
rate adjustment shall be effective from the date the per bed dollar amount is
increased.
(g) For planned closures approved
after June 30, 2009, the commissioner of human services shall calculate the
amount of the planned closure rate adjustment available under subdivision 3,
paragraph (b), according to paragraph (a), clauses (1) to (4).
Sec. 56.
Minnesota Statutes 2008, section 256B.441, is amended by adding a
subdivision to read:
Subd. 24a.
Medicare costs. For purposes of computing rates under this
section for rate years beginning on or after October 1, 2009, "Medicare
costs" means 70.4 percent of Medicare Part A and Part B revenues received
during the reporting year.
Sec. 57.
Minnesota Statutes 2008, section 256B.441, subdivision 48, is amended to
read:
Subd. 48. Calculation of operating per diems. The direct care per diem for each facility
shall be the facility's direct care costs divided by its standardized
days. The other care-related per diem
shall be the sum of the facility's activities costs, other direct care costs,
raw food costs, therapy costs, and social services costs, divided by the
facility's resident days. The other
operating per diem shall be the sum of the facility's administrative costs,
dietary costs, housekeeping costs, laundry costs, and maintenance and plant
operations costs divided by the facility's resident days. For rate years beginning on or after
October 1, 2009, the calculations of the direct care per diem, other
care-related per diem, and other operating per diem shall:
(1) have allowable costs reduced by
Medicare costs as defined in subdivision 24a.
The Medicare costs must be allocated between direct care, other
care-related, and other operating based on a ratio of allowable expenses from
the cost report; and
(2) have resident days and
standardized days computed without using days paid by Medicare.
Sec. 58.
Minnesota Statutes 2008, section 256B.441, subdivision 55, is amended to
read:
Subd. 55. Phase-in of rebased operating payment
rates. (a) For the rate years
beginning October 1, 2008, to October 1, 2015, the operating payment rate
calculated under this section shall be phased in by blending the operating rate
with the operating payment rate determined under section 256B.434. For purposes of this subdivision, the rate to
be used that is determined under section 256B.434 shall not include the portion
of the operating payment rate related to performance-based incentive payments
under section 256B.434, subdivision 4, paragraph (d). For the rate year beginning October 1, 2008,
the operating payment rate for each facility shall be 13
percent of the operating payment rate from this
section, and 87 percent of the operating payment rate from section
256B.434. For the rate year
period beginning October 1, 2009, through September 30, 2013, the
operating payment rate for each facility shall be 14 percent of the operating
payment rate from this section, and 86 percent of the operating payment rate
from section 256B.434. For the rate
year beginning October 1, 2010, the operating payment rate for each facility
shall be 14 percent of the operating payment rate from this section, and 86
percent of the operating payment rate from section 256B.434. For the rate year beginning October 1, 2011,
the operating payment rate for each facility shall be 31 percent of the
operating payment rate from this section, and 69 percent of the operating
payment rate from section 256B.434. For
the rate year beginning October 1, 2012, the operating payment rate for each
facility shall be 48 percent of the operating payment rate from this section, and
52 percent of the operating payment rate from section 256B.434. For the rate year beginning October 1,
2013, the operating payment rate for each facility shall be 65 percent of the
operating payment rate from this section, and 35 percent of the operating
payment rate from section 256B.434. For
the rate year beginning October 1, 2014, the operating payment rate for each
facility shall be 82 percent of the operating payment rate from this section,
and 18 percent of the operating payment rate from section 256B.434. For the rate year beginning October 1, 2015,
the operating payment rate for each facility shall be the operating payment
rate determined under this section. The
blending of operating payment rates under this section shall be performed
separately for each RUG's class.
(b) For the rate year beginning October 1, 2008, the
commissioner shall apply limits to the operating payment rate increases under
paragraph (a) by creating a minimum percentage increase and a maximum
percentage increase.
(1) Each nursing facility that receives a blended
October 1, 2008, operating payment rate increase under paragraph (a) of less
than one percent, when compared to its operating payment rate on September 30,
2008, computed using rates with RUG's weight of 1.00, shall receive a rate
adjustment of one percent.
(2) The commissioner shall determine a maximum
percentage increase that will result in savings equal to the cost of allowing
the minimum increase in clause (1).
Nursing facilities with a blended October 1, 2008, operating payment
rate increase under paragraph (a) greater than the maximum percentage increase
determined by the commissioner, when compared to its operating payment rate on
September 30, 2008, computed using rates with a RUG's weight of 1.00, shall receive
the maximum percentage increase.
(3) Nursing facilities with a blended October 1, 2008,
operating payment rate increase under paragraph (a) greater than one percent
and less than the maximum percentage increase determined by the commissioner,
when compared to its operating payment rate on September 30, 2008, computed
using rates with a RUG's weight of 1.00, shall receive the blended October 1,
2008, operating payment rate increase determined under paragraph (a).
(4) The October 1, 2009, through October 1, 2015,
operating payment rate for facilities receiving the maximum percentage increase
determined in clause (2) shall be the amount determined under paragraph (a)
less the difference between the amount determined under paragraph (a) for
October 1, 2008, and the amount allowed under clause (2). This rate restriction does not apply to rate
increases provided in any other section.
(c) A portion of the funds received under this
subdivision that are in excess of operating payment rates that a facility would
have received under section 256B.434, as determined in accordance with clauses
(1) to (3), shall be subject to the requirements in section 256B.434,
subdivision 19, paragraphs (b) to (h).
(1) Determine the amount of additional funding
available to a facility, which shall be equal to total medical assistance
resident days from the most recent reporting year times the difference between
the blended rate determined in paragraph (a) for the rate year being computed
and the blended rate for the prior year.
(2) Determine the portion of all operating costs, for
the most recent reporting year, that are compensation related. If this value exceeds 75 percent, use 75
percent.
(3) Subtract the amount determined in clause (2) from
75 percent.
(4) The portion of the fund received under this
subdivision that shall be subject to the requirements in section 256B.434,
subdivision 19, paragraphs (b) to (h), shall equal the amount determined in
clause (1) times the amount determined in clause (3).
Sec. 59.
Minnesota Statutes 2008, section 256B.441, is amended by adding a
subdivision to read:
Subd. 59.
Single-bed payments for
medical assistance recipients. Effective
October 1, 2009, the amount paid for a private room under Minnesota Rules, part
9549.0070, subpart 3, is reduced from 115 percent to 111.5 percent.
Sec. 60.
Minnesota Statutes 2008, section 256B.49, is amended by adding a
subdivision to read:
Subd. 11a.
Waivered services waiting
list. (a) The commissioner
shall establish statewide priorities for individuals on the waiting list for
CAC, CADI, and TBI waiver services, as of January 1, 2010. The statewide priorities must include, but
are not limited to, individuals who continue to have a need for waiver services
after they have maximized the use of state plan services and other funding
resources, including natural supports, prior to accessing waiver services, and
who meet at least one of the following criteria:
(1) have unstable living situations
due to the age, incapacity, or sudden loss of the primary caregivers;
(2) are moving from an institution
due to bed closures;
(3) experience a sudden closure of
their current living arrangement;
(4) require protection from confirmed
abuse, neglect, or exploitation;
(5) experience a sudden change in
need that can no longer be met through state plan services or other funding
resources alone; or
(6) meet other priorities established
by the department.
(b) When allocating resources to lead
agencies, the commissioner shall take into consideration the number of individuals
waiting who meet statewide priorities.
(c) The commissioner shall evaluate
the impact of the use of statewide priorities and provide recommendations to
the legislature on whether to continue the use of statewide priorities in the
November 1, 2011, annual report required by the commissioner in sections
256B.0916, subdivision 7, and 256B.49, subdivision 21.
Sec. 61.
Minnesota Statutes 2008, section 256B.49, subdivision 12, is amended to
read:
Subd. 12. Informed choice. Persons who are determined likely to require
the level of care provided in a nursing facility as determined under
sections 256B.0911 and 144.0724, subdivision 11, or hospital shall be
informed of the home and community-based support alternatives to the provision
of inpatient hospital services or nursing facility services. Each person must be given the choice of
either institutional or home and community-based services using the provisions
described in section 256B.77, subdivision 2, paragraph (p).
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 62.
Minnesota Statutes 2008, section 256B.49, subdivision 13, is amended to
read:
Subd. 13. Case management. (a) Each recipient of a home and
community-based waiver shall be provided case management services by qualified
vendors as described in the federally approved waiver application. The case management service activities
provided will include:
(1) assessing the needs of the individual within 20
working days of a recipient's request;
(2) developing the written individual service plan
within ten working days after the assessment is completed;
(3) informing the recipient or the recipient's legal
guardian or conservator of service options;
(4) assisting the recipient in the identification of
potential service providers;
(5) assisting the recipient to access services;
(6) coordinating, evaluating, and monitoring of the
services identified in the service plan;
(7) completing the annual reviews of the service plan;
and
(8) informing the recipient or legal representative of
the right to have assessments completed and service plans developed within
specified time periods, and to appeal county action or inaction under section
256.045, subdivision 3, including the determination of nursing facility
level of care.
(b) The case manager may delegate certain aspects of
the case management service activities to another individual provided there is
oversight by the case manager. The case
manager may not delegate those aspects which require professional judgment
including assessments, reassessments, and care plan development.
Sec. 63.
Minnesota Statutes 2008, section 256B.49, subdivision 14, is amended to
read:
Subd. 14. Assessment and reassessment. (a) Assessments of each recipient's
strengths, informal support systems, and need for services shall be completed
within 20 working days of the recipient's request. Reassessment of each recipient's strengths,
support systems, and need for services shall be conducted at least every 12 months
and at other times when there has been a significant change in the recipient's
functioning.
(b) There must be a determination that the client
requires a hospital level of care or a nursing facility level of care as
defined in section 144.0724, subdivision 11, at initial and subsequent assessments
to initiate and maintain participation in the waiver program.
(c) Regardless of other assessments
identified in section 144.0724, subdivision 4, as appropriate to determine
nursing facility level of care for purposes of medical assistance payment for
nursing facility services, only face-to-face assessments conducted according to
section 256B.0911, subdivisions 3a, 3b, and 4d, that result in a hospital level
of care determination or a nursing facility level of care determination must be
accepted for purposes of initial and ongoing access to waiver services payment.
(d) Persons with developmental disabilities who apply for
services under the nursing facility level waiver programs shall be screened for
the appropriate level of care according to section 256B.092.
(c) (e) Recipients who are found eligible for home
and community-based services under this section before their 65th birthday may
remain eligible for these services after their 65th birthday if they continue
to meet all other eligibility factors.
EFFECTIVE DATE.
The section is effective July 1, 2011.
Sec. 64.
Minnesota Statutes 2008, section 256B.49, is amended by adding a
subdivision to read:
Subd. 22.
Residential support services. For the purposes of this section, the
provisions of section 256B.092, subdivision 11, are controlling.
Sec. 65. [256B.4912] HOME AND COMMUNITY-BASED
WAIVERS; PROVIDERS AND PAYMENT.
Subdivision 1.
Provider qualifications. For the home and community-based waivers
providing services to seniors and individuals with disabilities, the
commissioner shall establish:
(1) agreements with enrolled waiver
service providers to ensure providers meet qualifications defined in the waiver
plans;
(2) regular reviews of provider
qualifications; and
(3) processes to gather the necessary
information to determine provider qualifications.
By July 2010, staff that provide direct contact, as defined in
section 245C.02, subdivision 11, that are employees of waiver service providers
must meet the requirements of chapter 245C prior to providing waiver services
and as part of ongoing enrollment. Upon
federal approval, this requirement must also apply to consumer-directed
community supports.
Subd. 2.
Rate-setting methodologies. The commissioner shall establish statewide
rate-setting methodologies that meet federal waiver requirements for home and
community-based waiver services for individuals with disabilities. The rate-setting methodologies must utilize
person-centered methods that result in quality of life beyond custodial care,
promote individual choice and service stability, are understandable to families
and nonfinancial county staff, are equitable across the state, are transparent
and available to the public, and are flexible to adapt to recipients'
individual service needs. The
methodologies must involve a uniform process of structuring rates for each
service and must promote quality and participant choice. The rate-setting methodologies developed
under this section must be codified in statute before implementation.
Sec. 66.
Minnesota Statutes 2008, section 256B.5011, subdivision 2, is amended to
read:
Subd. 2. Contract provisions. (a) The service contract with each
intermediate care facility must include provisions for:
(1) modifying payments when significant changes occur
in the needs of the consumers;
(2) the establishment and use of a quality
improvement plan. Using criteria and
options for performance measures developed by the commissioner, each
intermediate care facility must identify a minimum of one performance measure
on which to focus its efforts for quality improvement during the contract
period;
(3) appropriate and necessary statistical information
required by the commissioner;
(4) annual aggregate facility financial information; and
(5) (4) additional requirements for intermediate care
facilities not meeting the standards set forth in the service contract.
(b) The commissioner of human services and the
commissioner of health, in consultation with representatives from counties,
advocacy organizations, and the provider community, shall review the
consolidated standards under chapter 245B and the supervised living facility
rule under Minnesota Rules, chapter 4665, to determine what
provisions in Minnesota Rules, chapter 4665, may be
waived by the commissioner of health for intermediate care facilities in order
to enable facilities to implement the performance measures in their contract
and provide quality services to residents without a duplication of or increase
in regulatory requirements.
Sec. 67.
Minnesota Statutes 2008, section 256B.5012, is amended by adding a
subdivision to read:
Subd. 8.
ICF/MR rate decreases
effective July 1, 2009. The
commissioner shall decrease each facility reimbursed under this section
operating payment adjustments equal to 3.0 percent of the operating payment
rates in effect on June 30, 2009. For
each facility, the commissioner shall implement the rate reduction, based on
occupied beds, using the percentage specified in this subdivision multiplied by
the total payment rate, including the variable rate but excluding the
property-related payment rate, in effect on the preceding date. The total rate reduction shall include the
adjustment provided in section 256B.502, subdivision 7.
Sec. 68.
Minnesota Statutes 2008, section 256B.5013, subdivision 1, is amended to
read:
Subdivision 1. Variable rate adjustments. (a) For rate years beginning on or after
October 1, 2000, when there is a documented increase in the needs of a current
ICF/MR recipient, the county of financial responsibility may recommend a
variable rate to enable the facility to meet the individual's increased
needs. Variable rate adjustments made
under this subdivision replace payments for persons with special needs under
section 256B.501, subdivision 8, and payments for persons with special needs
for crisis intervention services under section 256B.501, subdivision 8a. Effective July 1, 2003, facilities with a
base rate above the 50th percentile of the statewide average reimbursement rate
for a Class A facility or Class B facility, whichever matches the facility
licensure, are not eligible for a variable rate adjustment. Variable rate adjustments may not exceed a
12-month period, except when approved for purposes established in paragraph
(b), clause (1). Variable rate
adjustments approved solely on the basis of changes on a developmental
disabilities screening document will end June 30, 2002.
(b) A variable rate may be recommended by the county
of financial responsibility for increased needs in the following situations:
(1) a need for resources due to an individual's full
or partial retirement from participation in a day training and habilitation
service when the individual: (i) has
reached the age of 65 or has a change in health condition that makes it
difficult for the person to participate in day training and habilitation
services over an extended period of time because it is medically
contraindicated; and (ii) has expressed a desire for change through the
developmental disability screening process under section 256B.092;
(2) a need for additional resources for intensive
short-term programming which is necessary prior to an individual's discharge to
a less restrictive, more integrated setting;
(3) a demonstrated medical need that significantly
impacts the type or amount of services needed by the individual; or
(4) a demonstrated behavioral need that significantly
impacts the type or amount of services needed by the individual.
(c) The county of financial responsibility must
justify the purpose, the projected length of time, and the additional funding
needed for the facility to meet the needs of the individual.
(d) The facility shall provide a quarterly report
to the county case manager on the use of the variable rate funds and the status
of the individual on whose behalf the funds were approved. The county case manager will forward the
facility's report with a recommendation to the commissioner to approve or
disapprove a continuation of the variable rate.
(e) Funds made available through the variable rate
process that are not used by the facility to meet the needs of the individual
for whom they were approved shall be returned to the state.
Sec. 69.
Minnesota Statutes 2008, section 256B.69, subdivision 5a, is amended to
read:
Subd. 5a. Managed care contracts. (a) Managed care contracts under this section
and sections 256L.12 and 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. The commissioner may issue separate contracts
with requirements specific to services to medical assistance recipients age 65
and older.
(b) A prepaid health plan providing covered health
services for eligible persons pursuant to chapters 256B, 256D, and 256L, is
responsible for complying with the terms of its contract with the
commissioner. Requirements applicable to
managed care programs under chapters 256B, 256D, and 256L, established after
the effective date of a contract with the commissioner take effect when the
contract is next issued or renewed.
(c) Effective for services rendered on or after
January 1, 2003, the commissioner shall withhold five percent of managed care
plan payments under this section for the prepaid medical assistance and general
assistance medical care programs pending completion of performance
targets. Each performance target must be
quantifiable, objective, measurable, and reasonably attainable, except in the
case of a performance target based on a federal or state law or rule. Criteria for assessment of each performance
target must be outlined in writing prior to the contract effective date. The managed care plan must demonstrate, to
the commissioner's satisfaction, that the data submitted regarding attainment
of the performance target is accurate.
The commissioner shall periodically change the administrative measures
used as performance targets in order to improve plan performance across a
broader range of administrative services.
The performance targets must include measurement of plan efforts to contain
spending on health care services and administrative activities. The commissioner may adopt plan-specific
performance targets that take into account factors affecting only one plan,
including characteristics of the plan's enrollee population. The withheld funds must be returned no sooner
than July of the following year if performance targets in the contract are
achieved. The commissioner may exclude
special demonstration projects under subdivision 23. A managed care plan or a county-based
purchasing plan under section 256B.692 may include as admitted assets under
section 62D.044 any amount withheld under this paragraph that is reasonably
expected to be returned.
(d)(1) Effective for services rendered on or after
January 1, 2009, the commissioner shall withhold three percent of managed care
plan payments under this section for the prepaid medical assistance and general
assistance medical care programs. The
withheld funds must be returned no sooner than July 1 and no later than July 31
of the following year. The commissioner
may exclude special demonstration projects under subdivision 23.
(2) A managed care plan or a county-based purchasing
plan under section 256B.692 may include as admitted assets under section
62D.044 any amount withheld under this paragraph. The return of the withhold under this
paragraph is not subject to the requirements of paragraph (c).
(e) Effective for services provided
on or after January 1, 2010, the commissioner shall require that managed care
plans use the fee-for-service medical assistance assessment and authorization
processes, forms, timelines, standards, documentation, and data reporting
requirements, protocols, billing processes, and policies for all personal care
assistance services under section 256B.0659.
Sec. 70.
Minnesota Statutes 2008, section 256D.44, subdivision 5, is amended to
read:
Subd. 5. Special needs. 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 if the cost of those additional dietary needs
cannot be met through some other maintenance benefit. The need for special diets or dietary items
must be prescribed by a licensed physician.
Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by
the United States Department of Agriculture.
The types of diets and the percentages of the thrifty food plan that are
covered are as follows:
(1) high protein diet, at least 80 grams daily, 25
percent of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and
requires special products, 100 percent of thrifty food plan;
(3) controlled protein diet, less than 40 grams and
requires special products, 125 percent of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food
plan;
(5) high residue diet, 20 percent of thrifty food
plan;
(6) pregnancy and lactation diet, 35 percent of
thrifty food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food
plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food
plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(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 in
effect on July 16, 1996, 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 recipient's 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.
(f)(1) Notwithstanding the language in this
subdivision, an amount equal to the maximum allotment authorized by the federal
Food Stamp Program for a single individual which is in effect on the first day
of July of each year will be added to the standards of assistance established
in subdivisions 1 to 4 for adults under the age of 65 who qualify as shelter
needy and are: (i) relocating from an
institution, or an adult mental health residential treatment program
under section 256B.0622; (ii) eligible for the
self-directed supports option as defined under section 256B.0657, subdivision
2; or (iii) home and community-based waiver recipients living in their own home
or rented or leased apartment which is not owned, operated, or controlled by a
provider of service not related by blood or marriage.
(2) Notwithstanding subdivision 3, paragraph (c), an
individual eligible for the shelter needy benefit under this paragraph is
considered a household of one. An
eligible individual who receives this benefit prior to age 65 may continue to
receive the benefit after the age of 65.
(3) "Shelter needy" means that the assistance
unit incurs monthly shelter costs that exceed 40 percent of the assistance
unit's gross income before the application of this special needs standard.
"Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the
standard specified in subdivision 3, paragraph (a) or (b), whichever is
greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross
income, shall not be considered shelter needy for purposes of this paragraph.
(g) Notwithstanding this subdivision,
recipients of home and community-based services may relocate to services
without 24-hour supervision and receive the equivalent of the recipient's group
residential housing allocation in Minnesota supplemental assistance shelter
needy funding if the cost of the services and housing is equal to or less than
provided to the recipient in home and community-based services and the
relocation is the recipient's choice and is approved by the recipient or
guardian.
(h) To access housing and services as
provided in paragraph (g), the recipient may choose housing that may or may not
be owned, operated, or controlled by the recipient's service provider.
(i) The provisions in paragraphs (g)
and (h) are effective to June 30, 2011.
The commissioner shall assess the development of publicly owned housing,
other housing alternatives, and whether a public equity housing fund may be
established that would maintain the state's interest, to the extent paid from
group residential housing and Minnesota supplemental aid shelter needy funds in
provider-owned housing so that when sold, the state would recover its share for
a public equity fund to be used for future public needs under this
chapter. The commissioner shall report
findings and recommendations to the legislative committees and budget divisions
with jurisdiction over health and human services policy and financing by
January 15, 2012.
(j) In selecting prospective services
needed by recipients for whom home and community-based services have been
authorized, the recipient and the recipient's guardian shall first consider
alternatives to home and community-based services. Minnesota supplemental aid shelter needy
funding for recipients who utilize Minnesota supplemental aid shelter needy
funding as provided in this section shall remain permanent unless the recipient
with the recipient's guardian later chooses to access home and community-based
services.
Sec. 71.
Minnesota Statutes 2008, section 626.556, subdivision 3c, is amended to
read:
Subd. 3c. Local welfare agency, Department of Human
Services or Department of Health responsible for assessing or investigating
reports of maltreatment. (a) The
county local welfare agency is the agency responsible for assessing or
investigating allegations of maltreatment in child foster care, family child
care, and legally unlicensed child care and in, juvenile
correctional facilities licensed under section 241.021 located in the local
welfare agency's county, and unlicensed personal care assistance provider
organizations providing services and receiving reimbursements under chapter
256B.
(b) The Department of Human Services is the agency
responsible for assessing or investigating allegations of maltreatment in
facilities licensed under chapters 245A and 245B, except for child foster care
and family child care.
(c) The Department of Health is the agency responsible
for assessing or investigating allegations of child maltreatment in facilities
licensed under sections 144.50 to 144.58 and 144A.46, and in unlicensed
home health care.
(d) The commissioners of human services, public
safety, and education must jointly submit a written report by January 15, 2007,
to the education policy and finance committees of the legislature recommending
the most efficient and effective allocation of agency responsibility for
assessing or investigating reports of maltreatment and must specifically
address allegations of maltreatment that currently are not the responsibility
of a designated agency.
Sec. 72.
Minnesota Statutes 2008, section 626.5572, subdivision 13, is amended to
read:
Subd. 13. Lead agency. "Lead agency" is the primary
administrative agency responsible for investigating reports made under section
626.557.
(a) The Department of Health is the lead agency for
the facilities which are licensed or are required to be licensed as hospitals,
home care providers, nursing homes, residential care homes, or boarding care
homes.
(b) The Department of Human Services is the lead
agency for the programs licensed or required to be licensed as adult day care,
adult foster care, programs for people with developmental disabilities, mental
health programs, or chemical health programs, or personal care
provider organizations.
(c) The county social service agency or its designee
is the lead agency for all other reports, including personal care provider
organizations under section 256B.0659.
Sec. 73. COMMISSIONER TO REPORT ON PERSONAL CARE
ASSISTANCE PROGRAM.
The commissioner of human services
must report to the legislative committees with jurisdiction over health and
human services policy and finance by January 1, 2010, on the training developed
and delivered for all types of participants in the personal care assistance
program, audit and financial integrity measures and results, information developed
for consumers and responsible parties, available demographic, health care
service use, and housing information about individuals who no longer qualify
for personal care assistance, and quality assurance measures and results.
Sec. 74. COLA COMPENSATION REQUIREMENTS.
Effective July 1, 2009, providers who
received rate increases under Laws 2007, chapter 147, article 7, section 71, as
amended by Laws 2008, chapter 363, article 15, section 17, and Minnesota
Statutes, section 256B.5012, subdivision 7, for state fiscal years 2008 and
2009 are no longer required to continue or retain employee compensation or
wage-related increases required by those sections.
Sec. 75. PROVIDER RATE AND GRANT REDUCTIONS.
(a) The commissioner of human
services shall decrease grants, allocations, reimbursement rates, or rate
limits, as applicable, by 3.0 percent effective July 1, 2009, for services
rendered on or after that date. County
or tribal contracts for services specified in this section must be amended to
pass through these rate reductions within 60 days of the effective date of the
decrease and must be retroactive from the effective date of the rate decrease.
(b) The annual rate decreases
described in this section must be provided to:
(1) home and community-based waivered
services for persons with developmental disabilities or related conditions,
including consumer-directed community supports, under Minnesota Statutes,
section 256B.501;
(2) home and community-based waivered
services for the elderly, including consumer-directed community supports, under
Minnesota Statutes, section 256B.0915;
(3) waivered services under community
alternatives for disabled individuals, including consumer-directed community
supports, under Minnesota Statutes, section 256B.49;
(4) community alternative care
waivered services, including consumer-directed community supports, under
Minnesota Statutes, section 256B.49;
(5) traumatic brain injury waivered
services, including consumer-directed community supports, under Minnesota
Statutes, section 256B.49;
(6) nursing services and home health
services under Minnesota Statutes, section 256B.0625, subdivision 6a;
(7) personal care services and
qualified professional supervision of personal care services under Minnesota
Statutes, section 256B.0625, subdivisions 6a and 19a;
(8) private duty nursing services
under Minnesota Statutes, section 256B.0625, subdivision 7;
(9) day training and habilitation
services for adults with developmental disabilities or related conditions under
Minnesota Statutes, sections 252.40 to 252.46, including the additional cost of
rate adjustments on day training and habilitation services, provided as a
social service under Minnesota Statutes, section 256M.60;
(10) alternative care services under
Minnesota Statutes, section 256B.0913;
(11) the group residential housing
supplementary service rate under Minnesota Statutes, section 256I.05,
subdivision 1a;
(12) semi-independent living services
(SILS) under Minnesota Statutes, section 252.275, including SILS funding under
county social services grants formerly funded under Minnesota Statutes, chapter
256I;
(13) community support services for
deaf and hard-of-hearing adults with mental illness who use or wish to use sign
language as their primary means of communication under Minnesota Statutes,
section 256.01, subdivision 2; and deaf and hard-of-hearing grants under
Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9; and
Laws 1997, First Special Session chapter 5, section 20;
(14) consumer support grants under
Minnesota Statutes, section 256.476;
(15) family support grants under
Minnesota Statutes, section 252.32;
(16) aging grants under Minnesota
Statutes, sections 256.975 to 256.977, 256B.0917, and 256B.0928;
(17) disability linkage line grants
under Minnesota Statutes, section 256.01, subdivision 24; and
(18) housing access grants under
Minnesota Statutes, section 256B.0658.
(c) A managed care plan receiving
state payments for the services in this section must include these decreases in
their payments to providers effective on January 1 following the effective date
of the rate decrease.
Sec. 76. RECOMMENDATIONS FOR PERSONAL CARE
ASSISTANCE SERVICES CHANGES AND CONSULTATION WITH STAKEHOLDERS.
The commissioner shall consult with
representatives of interested stakeholders beginning in July 2009 to examine
and develop recommendations for the personal care assistance services program,
including recommendations to streamline the home care ratings and assignment of
units of service to eligible recipients.
The recommendations shall include proposed changes, alternative
services, and costs for those whose services will
change, as well as personal care
assistance program data for public reporting.
The recommendations are to result in a reduction of spending growth as
authorized by the legislature in personal care assistance services beginning
January 1, 2011. The recommendations
shall be provided to the chairs and ranking minority members of the legislative
committees having jurisdiction over health and human services by January 15,
2010.
Sec. 77. ESTABLISHING A SINGLE SET OF STANDARDS.
(a) The commissioner of human services
shall consult with disability service providers, advocates, counties, and
consumer families to develop a single set of standards governing services for
people with disabilities receiving services under the home and community-based
waiver services program to replace all or portions of existing laws and rules
including, but not limited to, data practices, licensure of facilities and
providers, background studies, reporting of maltreatment of minors, reporting
of maltreatment of vulnerable adults, and the psychotropic medication
checklist. The standards must:
(1) enable optimum consumer choice;
(2) be consumer driven;
(3) link services to individual needs
and life goals;
(4) be based on quality assurance and
individual outcomes;
(5) utilize the people closest to the
recipient, who may include family, friends, and health and service providers,
in conjunction with the recipient's risk management plan to assist the
recipient or the recipient's guardian in making decisions that meet the
recipient's needs in a cost-effective manner and assure the recipient's health
and safety;
(6) utilize person-centered planning;
and
(7) maximize federal financial
participation.
(b) The commissioner may consult with
existing stakeholder groups convened under the commissioner's authority,
including the home and community-based expert services panel established by the
commissioner in 2008, to meet all or some of the requirements of this section.
(c) The commissioner shall provide the
reports and plans required by this section to the legislative committees and
budget divisions with jurisdiction over health and human services policy and
finance by January 15, 2012.
Sec. 78. COMMON SERVICE MENU FOR HOME AND
COMMUNITY-BASED WAIVER PROGRAMS.
The commissioner of human services
shall confer with representatives of recipients, advocacy groups, counties,
providers, and health plans to develop and update a common service menu for
home and community-based waiver programs.
The commissioner may consult with existing stakeholder groups convened
under the commissioner's authority to meet all or some of the requirements of
this section.
Sec. 79. INTERMEDIATE CARE FACILITIES FOR PERSONS
WITH DEVELOPMENTAL DISABILITIES REPORT.
The commissioner of human services
shall consult with providers and advocates of intermediate care facilities for
persons with developmental disabilities to monitor progress made in response to
the commissioner's December 15, 2008, report to the legislature regarding
intermediate care facilities for persons with developmental disabilities.
Sec. 80. HOUSING OPTIONS.
The commissioner of human services,
in consultation with the commissioner of administration and the Minnesota
Housing Finance Agency, and representatives of counties, residents' advocacy
groups, consumers of housing services, and provider agencies shall explore ways
to maximize the availability and affordability of housing choices available to
persons with disabilities or who need care assistance due to other health
challenges. A goal shall also be to
minimize state physical plant costs in order to serve more persons with
appropriate program and care support.
Consideration shall be given to:
(1) improved access to rent
subsidies;
(2) use of cooperatives, land trusts,
and other limited equity ownership models;
(3) the desirability of the state
acquiring an ownership interest or promoting the use of publicly owned housing;
(4) promoting more choices in the
market for accessible housing that meets the needs of persons with physical
challenges; and
(5) what consumer ownership models,
if any, are appropriate.
The commissioner shall provide a
written report on the findings of the evaluation of housing options to the
chairs and ranking minority members of the house of representatives and senate
standing committees with jurisdiction over health and human services policy and
funding by December 15, 2010. This
report shall replace the November 1, 2010, annual report by the commissioner
required in Minnesota Statutes, sections 256B.0916, subdivision 7, and 256B.49,
subdivision 21.
Sec. 81. REVISOR'S INSTRUCTION.
Subdivision 1.
Renumbering of Minnesota Statutes,
section 256B.0652, authorization and review of home care services. (a) The revisor of statutes shall renumber
each section of Minnesota Statutes listed in column A with the number in column
B.
Column
A Column
B
256B.0652,
subdivision 3 256B.0652,
subdivision 14
256B.0651,
subdivision 6, paragraph (a) 256B.0652,
subdivision 3
256B.0651,
subdivision 6, paragraph (b) 256B.0652,
subdivision 4
256B.0651,
subdivision 6, paragraph (c) 256B.0652,
subdivision 7
256B.0651,
subdivision 7, paragraph (a) 256B.0652,
subdivision 8
256B.0651,
subdivision 7, paragraph (b) 256B.0652,
subdivision 14
256B.0651,
subdivision 8 256B.0652,
subdivision 9
256B.0651,
subdivision 9 256B.0652,
subdivision 10
256B.0651,
subdivision 11 256B.0652,
subdivision 11
256B.0654,
subdivision 2 256B.0652,
subdivision 5
256B.0655,
subdivision 4 256B.0652,
subdivision 6
(b) The revisor of statutes shall make necessary
cross-reference changes in statutes and rules consistent with the renumbering
in paragraph (a). The Department of
Human Services shall assist the revisor with any cross-reference changes. The revisor may make changes necessary to
correct the punctuation, grammar, or structure of the remaining text to conform
with the intent of the renumbering in paragraph (a).
Subd. 2. Renumbering personal care assistance services. The revisor of statutes shall replace any
reference to Minnesota Statutes, section 256B.0655 with section 256B.0659,
wherever it appears in statutes or rules.
The revisor shall correct any cross reference changes that are necessary
as a result of this section. The
Department of Human Services shall assist the revisor in making these changes,
and if necessary, shall draft a corrections bill with changes for introduction
in the 2010 legislative session. The
revisor may make changes to punctuation, grammar, or sentence structure to
preserve the integrity of statutes and effectuate the intention of this
section.
Sec. 82. REPEALER.
(a) Minnesota Statutes 2008, sections 256B.0655, subdivisions
1, 1a, 1c, 1d, 1e, 1f, 1g, 1h, 1i, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13; and
256B.071, subdivisions 1, 2, 3, and 4, are repealed.
(b) Laws 1988, chapter 689, section 251, is repealed effective
July 1, 2009.
(c) Minnesota Statutes 2008, sections 256B.19, subdivision 1d;
and 256B.431, subdivision 23, are repealed effective May 1, 2009.
ARTICLE 10
STATE-COUNTY RESULTS, ACCOUNTABILITY, AND SERVICE DELIVERY
REFORM ACT
Section 1. [402A.01] CITATION.
Sections 402A.01 to 402A.50 may be cited as the
"State-County Results, Accountability, and Service Delivery Reform
Act."
Sec. 2. [402A.10] DEFINITIONS.
Subdivision 1. Terms defined. For
the purposes of this chapter, the terms defined in this subdivision have the
meanings given.
Subd. 2. Commissioner. "Commissioner"
means the commissioner of human services.
Subd. 3. Council. "Council"
means the Council on State-County Results, Accountability, and Service Delivery
Redesign established in section 402A.40.
Subd. 4. Essential human services programs. "Essential human services
programs" means assistance and services to recipients or potential
recipients of public welfare and other services delivered by counties that are
mandated in state law that are to be available in all counties of the state.
Subd. 5. Redesign. "Redesign"
means the State-County Results, Accountability, and Service Delivery Redesign
under this chapter.
Subd. 6. Service delivery authority.
"Service delivery authority" means a single county, or
group of counties operating by execution of a joint powers agreement under
section 471.59 or other contractual agreement, that has voluntarily chosen by
resolution of the county board of commissioners to participate in the redesign
under this chapter.
Subd. 7. Steering committee. "Steering
committee" means the Steering Committee on Performance and Outcome
Reforms.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 3. [402A.15] STEERING COMMITTEE ON
PERFORMANCE AND OUTCOME REFORMS.
Subdivision 1. Duties. (a) The
Steering Committee on Performance and Outcome Reforms shall develop a uniform
process to establish and review performance and outcome standards for essential
human services programs, and to develop appropriate reporting measures and a
uniform accountability process for responding to a county's or human service
authority's failure to make adequate progress on achieving outcome goals. The accountability process shall focus on the
performance measures rather than inflexible implementation requirements.
(b) The steering committee shall:
(1) by November 1, 2009, establish an agreed upon list of
essential services;
(2) by January 10, 2010, develop and recommend to the
legislature a uniform, graduated process for responding to a county's failure
to make adequate progress on achieving outcome goals, including recommendations
for the specific measures and penalties to be imposed; and
(3) by December 15, 2009, establish a three-year schedule of
ongoing program reviews to evaluate and establish outcome goals, modify the
reporting system, and review the distribution of state and federal funds for
those services, taking into consideration program demand and the unique
differences of local areas in geography and the populations served. Priority shall be given to services with the
greatest variation in availability and greatest administrative demands. The schedule shall be published on the agency
Web site and reported to the legislative committees with jurisdiction over
health and human services.
(c) As far as possible, the outcome goals, reporting system,
and distribution formulas shall be consistent across program areas. The development of outcome goals shall
consider the manner in which achievement of these goals will be reported. An estimate of increased or decreased state
and local administrative costs in collecting and reporting outcomes shall be
included when outcome goals are established.
The steering committee shall take into consideration that the goal of implementing
changes to program monitoring and reporting the progress toward achieving
outcomes is to significantly minimize the cost of administrative requirements
and to allow funds freed by reduced administrative expenditures to be used to
provide additional services, allow flexibility in service design and
management, and focus energies on achieving program and client outcomes.
(d) In making its recommendations, the steering committee
shall consider input from the council established in section 402A.40. The steering committee shall review the
measurable goals established under section 402A.30, subdivision 2, paragraph
(b), and consider whether they may be applied as statewide performance
outcomes.
(e) The steering committee shall form work groups that include
persons who provide or receive essential services and representatives of
organizations who advocate on behalf of those persons.
(f) By January 15 of each year starting January 15, 2010, the
steering committee shall report to the legislative committees with jurisdiction
over health and human services its recommendations for outcome goals, a
reporting system, and funding distribution formulas. The steering committee shall also identify
statutory provisions, administrative rules and requirements, and reports that
should be repealed or eliminated. In
addition, the commissioner shall post quarterly updates on the progress of the
steering committee on the department Web site.
(g) The commissioner shall publish instructional bulletins in
a timely manner that contain the outcome goals and reporting requirements
adopted by the legislature. The
commissioner shall initiate state plan amendments necessary to implement
provisions of this section in a timely manner.
Subd. 2. Composition. (a)
The steering committee shall include:
(1) the commissioner of human services, or designee;
(2) three county commissioners, representative of rural,
suburban, and urban counties, selected by the Association of Minnesota
Counties;
(3) three county directors of human services, representative
of rural, suburban, and urban counties, selected by the Minnesota Association
of County Social Service Administrators; and
(4) five clients or client advocates representing different
populations receiving services from the Department of Human Services, who are
appointed by the commissioner.
(b) The commissioner, or designee, and a county commissioner
shall serve as cochairs of the committee.
The committee shall be convened within 60 days of final enactment of
this legislation.
(c) State agency staff shall serve as informational resources
and staff to the steering committee.
Statewide county associations shall assemble county program data as
required.
(d) To promote information sharing and coordination between
the steering committee and council, one of the county representatives from
paragraph (a), clause (2), and one of the county representatives from paragraph
(a), clause (3), must also serve as a representative on the council under
section 402A.40, subdivision 1, paragraph (b), clause (5) or (6).
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 4. [402A.20] STATE-COUNTY RESULTS,
ACCOUNTABILITY, AND SERVICE DELIVERY REDESIGN.
The State-County Results, Accountability, and Service
Delivery Redesign is established to authorize implementation of methods and
procedures for administering assistance and services to recipients or potential
recipients of public welfare and other services delivered by counties which
encourage greater transparency, more effective governance, and innovation
through the use of flexibility and performance measurement.
Sec. 5. [402A.30] DESIGNATION OF SERVICE
DELIVERY AUTHORITY.
Subdivision 1. Establishment. A
county or consortium of counties may establish a service delivery authority to
redesign the delivery of some or all essential services, or other services as
appropriate.
Subd. 2. New state-county governance framework. (a) Upon recommendation of the council and
approval of the commissioner, a single county with a population over 55,000, or
two or more counties meeting the criteria in subdivision 4 may, by resolution
of their county boards of commissioners, establish a service delivery authority
having the composition, powers, and duties agreed upon. These counties may, by agreement entered into
through action of their bodies, jointly or cooperatively exercise any power
common to the contracting parties in carrying out their duties under current
law, including, but not limited to, chapters 245 to 267, 393, and 402. Participating county boards shall establish
acceptable ways of apportioning the cost of the services.
(b) To establish a service delivery authority, each
participating county and the state must enter into the following binding
agreements to establish a joint state-county governance framework:
(1) a governance agreement which defines the scope of
essential services or other services over which the service delivery authority
has jurisdiction, and the respective authority, powers, roles, and
responsibilities of the state and service delivery authorities. Each service delivery authority shall
designate a single administrative structure to oversee the delivery of services
over which the service delivery authority has jurisdiction. As part of the governance agreement, the service
delivery authority shall be held accountable for achieving measurable goals as
defined in the
performance agreement under clause (2). The state and participating counties shall
identify in the agreement the waivers from statutory requirements that are
needed to ensure greater local control and flexibility to determine the most
cost-effective means of achieving specified measurable goals. The commissioner shall grant the identified
waivers, subject to clause (2). The
governance agreement shall set forth the terms under which a county may
withdraw from participation;
(2) a performance agreement which defines measurable goals in
key operational areas that the service delivery authority is expected to
achieve. This agreement must identify
the dependencies and other requirements necessary for the service delivery
authority to achieve the measurable goals as defined in the performance
agreement. The dependencies and
requirements may include, but are not limited to, specific resource commitments
of the state and the service delivery authority, and funding or expenditure
flexibility.
The performance goals must, at a minimum, satisfy performance
outcomes recommended by the steering committee and enacted into law; and
(3) a service level agreement which specifies the expectations
and responsibilities of the state and the service delivery authority regarding
administrative and information technology support necessary to achieve the
measurable goals specified in the performance agreement under clause (2). The service level agreement shall set forth a
reasonable level of targeted reductions in overhead and administrative costs
for each county participating in the service delivery authority.
(c) After January 1, 2010, each county board in Minnesota
shall vote to determine whether the county intends to participate in a service
delivery authority under this chapter.
Counties may withdraw from participation as set forth in the governance
agreement, but no county may withdraw except under the following conditions:
(1) the county shall submit written notification to the
council after August 1 in the preceding calendar year in which the county
wishes to withdraw; and
(2) if a county wishing to withdraw has received an
appropriation from the state for costs related to the county's participation in
the redesign, those funds must be repaid.
If a county withdraws after participating in the redesign for:
(i) one year or less, the county must repay 75 percent of the
money appropriated;
(ii) more than one year but less than two years, the county
must repay 50 percent of the money appropriated;
(iii) two years or more but less than three years, the county
must repay 25 percent of the money appropriated; or
(iv) three years or more, the county is not required to repay
the appropriation.
The
commissioner may waive the repayment requirement in clause (2).
(d) Nothing in this chapter precludes local governments from
utilizing sections 465.81 and 465.82 to establish procedures for local
governments to merge, with the consent of the voters. Any agreement under subdivision 2, paragraph
(b), must be governed by this chapter.
Nothing in this chapter limits the authority of a county board to enter
into contractual agreements for services not covered by the provisions of the
redesign with other agencies or with other units of government.
Subd. 3. Duties. (a) The
service delivery authority shall:
(1) carry out the responsibilities required of local agencies
under chapter 393 and human service boards under chapter 402;
(2) manage the public resources devoted to human services and
other public services delivered or purchased by the counties that are
subsidized or regulated by the Department of Human Services under chapter 245
or 267;
(3) employ staff to assist in carrying out the redesign;
(4) develop and maintain a continuity of operations plan to
ensure the continued operation or resumption of essential human services
functions in the event of any business interruption according to local, state,
and federal emergency planning requirements;
(5) receive and expend funds received for the redesign;
(6) plan and deliver services directly or through contract
with other governmental or nongovernmental providers;
(7) rent, purchase, sell, and otherwise dispose of real and
personal property as necessary to carry out the redesign; and
(8) carry out any other service designated as a
responsibility of a county.
(b) Each service delivery authority certified under
subdivision 4 shall designate a single administrative structure that has the
powers and duties assigned to the service delivery authority.
Subd. 4. Certification of service delivery authority. The council shall recommend certification
of a county or consortium of counties as a service delivery authority to the
commissioner of human services if:
(1) the conditions in subdivision 2, paragraphs (a) and (b),
are met; and
(2) the county or consortium of counties are:
(i) a single county with a population of 55,000 or more;
(ii) a consortium of counties with a total combined population
of 55,000 or more and the counties comprising the consortium are in reasonable
geographic proximity;
(iii) four or more counties in reasonable geographic
proximity without regard to population; or
(iv) a single county or consortium of counties meeting the
criteria for exemption from minimum population standards in this subdivision
and subdivision 6.
Subd. 5. Single county service delivery authority. For counties with populations over 55,000,
the board of county commissioners may be the service delivery authority and
retain existing authority under law.
Counties with populations over 55,000 that serve as their own service
delivery authority may enter into shared services arrangements with other
service delivery authorities or smaller counties. These shared services arrangements may
include, but are not limited to, human services, corrections, public health,
veterans planning, human resources, program development and operations,
training, technical systems, joint purchasing, and consultative services or
direct services to transient, special needs, or low-incidence populations.
Subd. 6. Exemption. The
council may recommend that the commissioner of human services exempt a single
county or multicounty service delivery authority from the minimum population
standard in this subdivision if that service delivery authority can demonstrate
that it can otherwise meet the requirements of this chapter.
Subd. 7. Commissioner remedies.
The commissioner may submit to the council a recommendation of remedies
for performance improvement for any service delivery authority not meeting the
measurable goals agreed upon in performance agreements under subdivision 2,
paragraph (b). This provision does not
preclude other powers of the commissioner of human services to remedy county
performance issues in a county or counties not certified as a service delivery
authority.
Sec. 6. [402A.40] COUNCIL.
Subdivision 1. Council. (a) A
State-County Results, Accountability, and Service Delivery Redesign Council is
established. The council is responsible
for review of the redesign and must be convened by the commissioner of human
services. Appointed council members must
be appointed by their respective agencies, associations, or governmental units
by November 1, 2009. The council shall
be cochaired by the commissioner of human services, or designee, and a county
representative from paragraph (b), clause (5) or (6), appointed by the
Association of Minnesota Counties.
Recommendations of the council must be approved by a majority of the
council members. The provisions of
section 15.059 do not apply to this council, and this council does not expire.
(b) The council must consist of the following members:
(1) one representative from the governor's office;
(2) from the house of representatives, one member of the
majority party and one member of the minority party, appointed by the speaker
of the house;
(3) from the senate, one member of the majority party and one
member of the minority party, appointed by the senate majority leader;
(4) the commissioner of human services, or designee, and two
employees from the department;
(5) two county commissioners appointed by the Association of
Minnesota Counties;
(6) two county representatives appointed by the Minnesota
Association of County Social Service Administrators;
(7) one representative appointed by AFSCME; and
(8) one representative appointed by the Teamsters.
(c) Administrative support to the council may be provided by
the Association of Minnesota Counties and affiliates.
(d) Member agencies and associations are responsible for
initial and subsequent appointments to the council.
Subd. 2. Council duties. (a)
The council shall:
(1) provide oversight of administration of the redesign;
(2) recommend the approval of waivers from statutory
requirements, administrative rules, and standards necessary to achieve the
requirements of the agreements under section 402A.30, subdivision 2, paragraph
(b), to the commissioner of human services or other appropriate entity, for
counties certified as service delivery authorities under section 402A.30;
(3) recommend approval of the agreements in section 402A.30,
subdivision 2, paragraph (b), to the commissioner of human services and ensure
the consistency of the agreements with the performance standards recommended by
the steering committee and enacted by the legislature;
(4) recommend certification of a county or consortium of
counties as a service delivery authority to the commissioner of human services;
(5) recommend approval of shared services arrangements under
section 402A.30, subdivision 5;
(6) establish a process to take public input on a proposed
service delivery authority and the governance framework;
(7) form work groups as necessary to carry out the duties of
the council under the redesign; and
(8) establish a process for the mediation of conflicts among
participating counties or between participating counties and the commissioner
of human services.
(b) In order to carry out the provisions of the redesign, and
to effectuate the agreements established under section 402A.30, subdivision 2,
paragraph (b), the commissioner of human services shall exercise authority
under section 256.01, subdivision 2, paragraph (l), including seeking all
necessary waivers. The commissioner of
human services has authority to approve shared service arrangements as defined
in section 402A.30, subdivision 5.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 7. [402A.50]; PRIVATE SECTOR FUNDING.
The council may support stakeholder agencies, if not otherwise
prohibited by law, to separately or jointly seek and receive funds to provide
expert technical assistance to the council, the council's work group, and any
sub-work groups for executing the provisions of the redesign.
Sec. 8. APPROPRIATION.
$350,000 is appropriated for the biennium beginning July 1,
2009, from the general fund to the Council on State-County Results,
Accountability, and Service Delivery Redesign, for the purposes of the State-County
Results, Accountability, and Service Delivery Reform Act under Minnesota
Statutes, sections 402A.01 to 402A.50.
The council shall establish a methodology for distributing funds to
certified service delivery authorities for the purposes of carrying out the
requirements of the redesign.
ARTICLE 11
PUBLIC HEALTH
Section 1. Minnesota
Statutes 2008, section 103I.208, subdivision 2, is amended to read:
Subd. 2. Permit fee. The permit fee to be paid by a property owner
is:
(1) for a water supply well that is not in use under a
maintenance permit, $175 annually;
(2) for construction of a monitoring well, $215, which
includes the state core function fee;
(3) for a monitoring well that is unsealed under a maintenance
permit, $175 annually;
(4) for a monitoring well owned by a federal agency, state
agency, or local unit of government that is unsealed under a maintenance
permit, $50 annually. "Local unit of government" means a statutory or
home rule charter city, town, county, or soil and water conservation district,
watershed district, an organization formed for the joint exercise of powers
under section 471.59, a board of health or community health board, or other
special purpose district or authority with local jurisdiction in water and
related land resources management;
(5) for monitoring wells used as a leak detection device at a single motor
fuel retail outlet, a single petroleum bulk storage site excluding tank farms,
or a single agricultural chemical facility site, the construction permit fee is
$215, which includes the state core function fee, per site regardless of the
number of wells constructed on the site, and the annual fee for a maintenance
permit for unsealed monitoring wells is $175 per site regardless of the number
of monitoring wells located on site;
(5) (6) for a
groundwater thermal exchange device, in addition to the notification fee for
water supply wells, $215, which includes the state core function fee;
(6) (7) for a
vertical heat exchanger with less than ten tons of heating/cooling capacity,
$215;
(8) for a vertical heat exchanger with ten to 50 tons of
heating/cooling capacity, $425;
(9) for a vertical heat exchanger with greater than 50 tons
of heating/cooling capacity, $650;
(7) (10) for a
dewatering well that is unsealed under a maintenance permit, $175 annually for
each dewatering well, except a dewatering project comprising more than five
dewatering wells shall be issued a single permit for $875 annually for
dewatering wells recorded on the permit; and
(8) (11) for an
elevator boring, $215 for each boring.
Sec. 2. Minnesota
Statutes 2008, section 144.121, subdivision 1a, is amended to read:
Subd. 1a. Fees for ionizing radiation-producing
equipment. (a) A facility
with ionizing radiation-producing equipment must pay an annual initial or
annual renewal registration fee consisting of a base facility fee of $66
$100 and an additional fee for each radiation source, as follows:
(1) medical or veterinary equipment $
53 100
(2) dental x-ray equipment $
33 40
(3) accelerator $66
(4) radiation therapy equipment $66
(5)
(3) x-ray equipment not used on humans or animals $ 53 100
(6)
(4) devices with sources of ionizing radiation not used $ 53 100
on humans or animals
(b) A facility with radiation therapy
and accelerator equipment must pay an annual registration fee of $500. A facility with an industrial accelerator
must pay an annual registration fee of $150.
(c) Electron microscopy equipment is
exempt from the registration fee requirements of this section.
Sec. 3. Minnesota Statutes 2008, section 144.121,
subdivision 1b, is amended to read:
Subd. 1b. Penalty
fee for late registration.
Applications for initial or renewal registrations submitted to the
commissioner after the time specified by the commissioner shall be accompanied
by a penalty fee of $20 an amount equal to 25 percent of the fee due
in addition to the fees prescribed in subdivision 1a.
Sec. 4. Minnesota Statutes 2008, section 144.1222,
subdivision 1a, is amended to read:
Subd. 1a. Fees. All plans and specifications for public pool
and spa construction, installation, or alteration or requests for a variance
that are submitted to the commissioner according to Minnesota Rules, part
4717.3975, shall be accompanied by the appropriate fees. All public pool construction plans submitted
for review after January 1, 2009, must be certified by a professional engineer
registered in the state of Minnesota. If
the commissioner determines, upon review of the plans, that inadequate fees
were paid, the necessary additional fees shall be paid before plan
approval. For purposes of determining
fees, a project is defined as a proposal to construct or install a public pool,
spa, special purpose pool, or wading pool and all associated water treatment
equipment and drains, gutters, decks, water recreation features, spray pads,
and those design and safety features that are within five feet of any pool or
spa. The commissioner shall charge the
following fees for plan review and inspection of public pools and spas and for
requests for variance from the public pool and spa rules:
(1) each pool, $800 $1,500;
(2) each spa pool, $500
$800;
(3) each slide, $400 $600;
(4) projects valued at $250,000 or
more, the greater of the sum of the fees in clauses (1), (2), and (3) or 0.5
percent of the documented estimated project cost to a maximum fee of $10,000
$15,000;
(5) alterations to an existing pool
without changing the size or configuration of the pool, $400 $600;
(6) removal or replacement of pool
disinfection equipment only, $75 $100; and
(7) request for variance from the
public pool and spa rules, $500.
Sec. 5. Minnesota Statutes 2008, section 144.125,
subdivision 1, is amended to read:
Subdivision 1. Duty
to perform testing. It is the duty
of (1) the administrative officer or other person in charge of each institution
caring for infants 28 days or less of age, (2) the person required in pursuance
of the provisions of section 144.215, to register the birth of a child, or (3)
the nurse midwife or midwife in attendance at the birth, to arrange to have
administered to every infant or child in its care tests for heritable and
congenital disorders according to subdivision 2 and rules prescribed by the
state commissioner of health. Testing
and the recording and reporting of test results shall be performed at the times
and in the manner prescribed by the commissioner of health. The commissioner shall charge a fee so that
the total of fees collected will approximate the costs of conducting the tests
and implementing and maintaining a system to follow-up infants with heritable
or congenital disorders, including hearing loss detected through the early
hearing detection and intervention program under section 144.966. The fee is $101 $105 per
specimen. Costs associated with capital
expenditures and the development of new procedures may be prorated over a
three-year period when calculating the amount of the fees.
EFFECTIVE DATE. This section is
effective July 1, 2010.
Sec. 6. Minnesota Statutes 2008, section 144.72,
subdivision 1, is amended to read:
Subdivision 1. Permits
License required. The state
commissioner of health is authorized to issue permits for the operation of
youth camps which are required to obtain the permits a license according
to chapter 157.
Sec. 7. Minnesota Statutes 2008, section 144.72,
subdivision 3, is amended to read:
Subd. 3. Issuance
of permits license. If
the commissioner should determine from the application that the health and
safety of the persons using the camp will be properly safeguarded, the
commissioner may, prior to actual inspection of the camp, issue the permit
license in writing. No fee shall
be charged for the permit. The permit
license shall be posted in a conspicuous place on the premises occupied by
the camp.
Sec. 8. Minnesota Statutes 2008, section 144.9501, is
amended by adding a subdivision to read:
Subd. 8a.
Disclosure pamphlet. "Disclosure pamphlet" means the
EPA pamphlet titled "Renovate Right: Important Lead Hazard Information for
Families, Child Care Providers and Schools" developed under section 406(a)
of the Toxic Substance Control Act.
Sec. 9. Minnesota Statutes 2008, section 144.9501,
subdivision 22b, is amended to read:
Subd. 22b. Lead
sampling technician. "Lead
sampling technician" means an individual who performs clearance
inspections for nonabatement or nonorder lead hazard reduction
renovation sites, and lead dust sampling in other
settings, or visual assessment for deteriorated paint for nonabatement
sites, and who is registered with the commissioner under section 144.9505.
Sec. 10. Minnesota Statutes 2008, section 144.9501,
subdivision 26a, is amended to read:
Subd. 26a. Regulated
lead work. (a) "Regulated lead
work" means:
(1) abatement;
(2) interim controls;
(3) a clearance inspection;
(4) a lead hazard screen;
(5) a lead inspection;
(6) a lead risk assessment;
(7) lead project designer services;
(8) lead sampling technician services;
or
(9) swab team services.;
(10) renovation activities; or
(11) activities performed to comply
with lead orders issued by a board of health.
(b) Regulated lead work does not
include abatement, interim controls, swab team services, or renovation
activities that disturb painted surfaces that total no more than:
(1) activities such as remodeling,
renovation, installation, rehabilitation, or landscaping activities, the
primary intent of which is to remodel, repair, or restore a structure or
dwelling, rather than to permanently eliminate lead hazards, even though these
activities may incidentally result in a reduction in lead hazards; or
(2) interim control activities that
are not performed as a result of a lead order and that do not disturb painted
surfaces that total more than:
(i) (1) 20 square feet (two square meters) on exterior
surfaces; or
(ii) two (2) six square feet (0.2 0.6
square meters) in an interior room; or.
(iii) ten percent of the total surface
area on an interior or exterior type of component with a small surface area.
Sec. 11. Minnesota Statutes 2008, section 144.9501, is
amended by adding a subdivision to read:
Subd. 26b.
Renovation. "Renovation" means the modification
of any affected property that results in the disturbance of painted surfaces,
unless that activity is performed as an abatement. A renovation performed for the purpose of
converting a building or part of a building into an affected property is a renovation
under this subdivision.
Sec. 12. Minnesota Statutes 2008, section 144.9505,
subdivision 1g, is amended to read:
Subd. 1g. Certified
lead firm. A person within the
state intending to directly perform or cause to be performed through subcontracting
or similar delegation any regulated lead work shall first obtain certification
from the commissioner A person who employs individuals to perform
regulated lead work outside of the person's property must obtain certification
as a lead firm. The certificate must
be in writing, contain an expiration date, be signed by the commissioner, and
give the name and address of the person to whom it is issued. The certification fee is $100, is
nonrefundable, and must be submitted with each application. The certificate or a copy of the certificate
must be readily available at the worksite for review by the contracting entity,
the commissioner, and other public health officials charged with the health,
safety, and welfare of the state's citizens.
Sec. 13. Minnesota Statutes 2008, section 144.9505,
subdivision 4, is amended to read:
Subd. 4. Notice
of regulated lead work. (a) At least
five working days before starting work at each regulated lead worksite, the
person performing the regulated lead work shall give written notice to the
commissioner and the appropriate board of health.
(b) This provision does not apply to
lead hazard screen, lead inspection, lead risk assessment, lead sampling
technician, renovation, or lead project design activities.
Sec. 14. Minnesota Statutes 2008, section 144.9508,
subdivision 2, is amended to read:
Subd. 2. Regulated
lead work standards and methods. (a)
The commissioner shall adopt rules establishing regulated lead work standards
and methods in accordance with the provisions of this section, for lead in
paint, dust, drinking water, and soil in a manner that protects public health
and the environment for all residences, including residences also used for a
commercial purpose, child care facilities, playgrounds, and schools.
(b) In the rules required by this
section, the commissioner shall require lead hazard reduction of intact paint
only if the commissioner finds that the intact paint is on a chewable or
lead-dust producing surface that is a known source of actual lead exposure to a
specific individual. The commissioner
shall prohibit methods that disperse lead dust into the air that could
accumulate to a level that would exceed the lead dust standard specified under
this section. The commissioner shall
work cooperatively with the commissioner of administration to determine which
lead hazard reduction methods adopted under this section may be used for
lead-safe practices including prohibited practices, preparation, disposal, and
cleanup. The commissioner shall work
cooperatively with the commissioner of the Pollution Control Agency to develop
disposal procedures. In adopting rules
under this section, the commissioner shall require the best available
technology for regulated lead work methods, paint stabilization, and
repainting.
(c) The commissioner of health shall
adopt regulated lead work standards and methods for lead in bare soil in a
manner to protect public health and the environment. The commissioner shall adopt a maximum
standard of 100 parts of lead per million in bare soil. The commissioner shall set a soil replacement
standard not to exceed 25 parts of lead per million. Soil lead hazard reduction methods shall
focus on erosion control and covering of bare soil.
(d) The commissioner shall adopt
regulated lead work standards and methods for lead in dust in a manner to
protect the public health and environment.
Dust standards shall use a weight of lead per area measure and include
dust on the floor, on the window sills, and on window wells. Lead hazard reduction methods for dust shall
focus on dust removal and other practices which minimize the formation of lead
dust from paint, soil, or other sources.
(e) The commissioner shall adopt lead
hazard reduction standards and methods for lead in drinking water both at the
tap and public water supply system or private well in a manner to protect the
public health and the environment. The
commissioner may adopt the rules for controlling lead in drinking water as
contained in Code of Federal Regulations, title 40, part 141. Drinking water lead hazard reduction methods
may include an educational approach of minimizing lead exposure from lead in
drinking water.
(f) The commissioner of the Pollution
Control Agency shall adopt rules to ensure that removal of exterior lead-based
coatings from residences and steel structures by abrasive blasting methods is
conducted in a manner that protects health and the environment.
(g) All regulated lead work standards
shall provide reasonable margins of safety that are consistent with more than a
summary review of scientific evidence and an emphasis on overprotection rather
than underprotection when the scientific evidence is ambiguous.
(h) No unit of local government shall
have an ordinance or regulation governing regulated lead work standards or
methods for lead in paint, dust, drinking water, or soil that require a
different regulated lead work standard or method than the standards or methods
established under this section.
(i) Notwithstanding paragraph (h),
the commissioner may approve the use by a unit of local government of an
innovative lead hazard reduction method which is consistent in approach with
methods established under this section.
(j) The commissioner shall adopt
rules for issuing lead orders required under section 144.9504, rules for
notification of abatement or interim control activities requirements, and other
rules necessary to implement sections 144.9501 to 144.9512.
(k) The commissioners shall adopt
rules consistent with section 402(c)(3) of the Toxic Substances Control Act to
ensure that renovation in a pre-1978 affected property where a child or
pregnant female resides is conducted in a manner that protects health and the
environment.
(l) The commissioner shall adopt
rules consistent with sections 406(a) and 406(b) of the Toxic Substances
Control Act.
Sec. 15. Minnesota Statutes 2008, section 144.9508,
subdivision 3, is amended to read:
Subd. 3. Licensure
and certification. The commissioner
shall adopt rules to license lead supervisors, lead workers, lead project
designers, lead inspectors, and lead risk assessors, and lead
sampling technicians. The
commissioner shall also adopt rules requiring certification of firms that
perform regulated lead work and rules requiring registration of lead sampling
technicians. The commissioner shall
require periodic renewal of licenses, and certificates, and
registrations and shall establish the renewal periods.
Sec. 16. Minnesota Statutes 2008, section 144.9508,
subdivision 4, is amended to read:
Subd. 4. Lead
training course. The commissioner
shall establish by rule requirements for training course providers and the
renewal period for each lead-related training course required for certification
or licensure. The commissioner shall
establish criteria in rules for the content and presentation of training
courses intended to qualify trainees for licensure under subdivision 3. The commissioner shall establish criteria in
rules for the content and presentation of training courses for lead interim
control workers renovation and lead sampling technicians. Training course permit fees shall be
nonrefundable and must be submitted with each application in the amount of $500
for an initial training course, $250 for renewal of a permit for an initial
training course, $250 for a refresher training course, and $125 for renewal of
a permit of a refresher training course.
Sec. 17. Minnesota Statutes 2008, section 144.9512,
subdivision 2, is amended to read:
Subd. 2. Grants;
administration. Within the limits of
the available appropriation, the commissioner shall make grants to a
nonprofit organization currently operating the CLEARCorps lead hazard
reduction project organizations to train workers to provide lead
screening, education, outreach, and swab team services for residential
property. Projects that provide
Americorps funding or positions, or leverage matching funds, as part of the
delivery of the services must be given priority for the grant funds.
Sec. 18. Minnesota Statutes 2008, section 144.966, is amended
by adding a subdivision to read:
Subd. 3a.
Support services to families. The commissioner shall contract with a
nonprofit organization to provide support and assistance to families with
children who are deaf or have a hearing loss.
The family support provided must include direct parent-to-parent
assistance and information on communication, educational, and medical
options. The commissioner shall give
preference to a nonprofit organization that has the ability to provide these
services throughout the state.
Sec. 19. Minnesota Statutes 2008, section 144.97,
subdivision 2, is amended to read:
Subd. 2. Certification
Accreditation. "Certification"
means written acknowledgment of a laboratory's demonstrated capability to
perform tests for a specific purpose "Accreditation" means
written acknowledgment that a laboratory has the policies, procedures,
equipment, and practices to produce reliable data in the analysis of
environmental samples.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 20. Minnesota Statutes 2008, section 144.97,
subdivision 4, is amended to read:
Subd. 4. Contract
Commercial laboratory. "Contract
Commercial laboratory" means a laboratory that performs tests on
samples on a contract or fee-for-service basis.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 21. Minnesota Statutes 2008, section 144.97, is
amended by adding a subdivision to read:
Subd. 5a.
Field of testing. "Field of testing" means the
combination of analyte, method, matrix, and test category for which a
laboratory may hold accreditation.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 22. Minnesota Statutes 2008, section 144.97,
subdivision 6, is amended to read:
Subd. 6. Laboratory. "Laboratory" means the state, a
person, corporation, or other entity, including governmental, that examines,
analyzes, or tests samples in a specified physical location.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 23. Minnesota Statutes 2008, section 144.97, is
amended by adding a subdivision to read:
Subd. 8.
Test category. "Test category" means the
combination of program and category as provided by section 144.98, subdivisions
3, paragraph (b), clauses (1) to (10), and 3a, paragraph (a), clauses (1) to
(5).
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 24. Minnesota Statutes 2008, section 144.98,
subdivision 1, is amended to read:
Subdivision 1. Authorization. The commissioner of health may certify
shall accredit environmental laboratories that test environmental
samples according to national standards developed using a consensus
process as established by Circular A-119, published by the United States Office
of Management and Budget.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 25. Minnesota Statutes 2008, section 144.98,
subdivision 2, is amended to read:
Subd. 2. Rules
and standards. The commissioner
may adopt rules to implement this section, including: carry out the commissioner's responsibilities
under the national standards specified in subdivisions 1 and 2a.
(1) procedures, requirements, and fee
adjustments for laboratory certification, including provisional status and
recertification;
(2) standards and fees for
certificate approval, suspension, and revocation;
(3) standards for environmental
samples;
(4) analysis methods that assure
reliable test results;
(5) laboratory quality assurance,
including internal quality control, proficiency testing, and personnel training; and
(6) criteria for recognition of
certification programs of other states and the federal government.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 26. Minnesota Statutes 2008, section 144.98, is
amended by adding a subdivision to read:
Subd. 2a.
Standards. The commissioner shall accredit
laboratories according to the most current environmental laboratory
accreditation standards under subdivision 1 and as accepted by the
accreditation bodies recognized by the National Environmental Laboratory
Accreditation Program (NELAP) of the NELAC Institute.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 27. Minnesota Statutes 2008, section 144.98,
subdivision 3, is amended to read:
Subd. 3. Annual
fees. (a) An application for certification
accreditation under subdivision 1 6 must be accompanied by
the biennial fee annual fees specified in this subdivision. The fees are for annual fees
include:
(1) base certification
accreditation fee, $1,600 $1,500;
(2) sample preparation techniques fees
fee, $100 $200 per technique; and
(3) an administrative fee for
laboratories located outside this state, $3,750; and
(4) test category certification fees:.
Test Category Certification
Fee
Clean water program bacteriology $800
Safe drinking water program bacteriology $800
Clean water program inorganic chemistry $800
Safe drinking water program inorganic chemistry $800
Clean water program chemistry metals $1,200
Safe drinking water program chemistry metals $1,200
Resource conservation and recovery program chemistry metals $1,200
Clean water program volatile organic compounds $1,500
Safe drinking water program volatile organic compounds $1,500
Resource conservation and recovery program volatile organic
compounds $1,500
Underground storage tank program volatile organic compounds $1,500
Clean water program other organic compounds $1,500
Safe drinking water program other organic compounds $1,500
Resource conservation and recovery program other organic
compounds $1,500
Clean water program radiochemistry $2,500
Safe drinking water program radiochemistry $2,500
Resource conservation and recovery program agricultural
contaminants $2,500
Resource conservation and recovery program emerging
contaminants $2,500
(b) Laboratories located outside of this state that require
an on-site inspection shall be assessed an additional $3,750 fee. For
the programs in subdivision 3a, the commissioner may accredit laboratories for
fields of testing under the categories listed in clauses (1) to (10) upon
completion of the application requirements provided by subdivision 6 and
receipt of the fees for each category under each program that accreditation is
requested. The categories offered and
related fees include:
(1) microbiology, $450;
(2) inorganics, $450;
(3) metals, $1,000;
(4) volatile organics, $1,300;
(5) other organics, $1,300;
(6) radiochemistry, $1,500;
(7) emerging contaminants, $1,500;
(8) agricultural contaminants, $1,250;
(9) toxicity (bioassay), $1,000; and
(10) physical characterization, $250.
(c) The total biennial certification annual fee
includes the base fee, the sample preparation techniques fees, the test
category fees per program, and, when applicable, the on-site
inspection fee an administrative fee for out-of-state laboratories.
(d) Fees must be set so that the total fees support the
laboratory certification program. Direct
costs of the certification service include program administration, inspections,
the agency's general support costs, and attorney general costs attributable to
the fee function.
(e) A change fee shall be assessed if a laboratory requests
additional analytes or methods at any time other than when applying for or
renewing its certification. The change
fee is equal to the test category certification fee for the analyte.
(f) A variance fee shall be assessed if a laboratory requests
and is granted a variance from a rule adopted under this section. The variance fee is $500 per variance.
(g) Refunds or credits shall not be made for analytes or methods
requested but not approved.
(h) Certification of a laboratory shall not be awarded until
all fees are paid.
Sec. 28. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 3a. Available programs, categories, and analytes. (a) The commissioner shall accredit
laboratories that test samples under the following programs:
(1) the clean water program, such as compliance monitoring
under the federal Clean Water Act, and ambient monitoring of surface and
groundwater, or analysis of biological tissue;
(2) the safe drinking water program, including compliance
monitoring under the federal Safe Drinking Water Act, and the state
requirements for monitoring private wells;
(3) the resource conservation and recovery program, including
federal and state requirements for monitoring solid and hazardous wastes,
biological tissue, leachates, and groundwater monitoring wells not intended as
drinking water sources;
(4) the underground storage tank program; and
(5) the clean air program, including air and emissions
testing under the federal Clean Air Act, and state and federal requirements for
vapor intrusion monitoring.
(b) The commissioner shall maintain and publish a list of
analytes available for accreditation.
The list must be reviewed at least once every six months and the changes
published in the State Register and posted on the program's Web site. The commissioner shall publish the
notification of changes and review comments on the changes no less than 30 days
from the date the list is published.
Sec. 29. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 3b. Additional fees. (a)
Laboratories located outside of this state that require an on-site assessment
more frequent than once every two years must pay an additional assessed fee of
$3,000 per assessment for each additional on-site assessment conducted. The laboratory must pay the fee within 15
business days of receiving the commissioner's notification that an on-site
assessment is required. The commissioner
may conduct additional on-site assessments to determine a laboratory's
continued compliance with the standards provided in subdivision 2a.
(b) A late fee of $200 shall be added to the annual fee for
accredited laboratories submitting renewal applications to the commissioner
after November 1.
(c) A change fee shall be assessed if a laboratory requests
additional fields of testing at any time other than when initially applying for
or renewing its accreditation. A change
fee does not apply for applications to add fields of testing for new analytes
in response to the published notice under subdivision 3a, paragraph (b), if the
laboratory holds valid accreditation for the changed test category and applies
for additional analytes within the same test category. The change fee is equal to the applicable
test category fee for the field of testing requested. An application that requests accreditation of
multiple fields of testing within a test category requires a single payment of the
applicable test category fee per application submitted.
(d) A variance fee shall be assessed if a laboratory requests
a variance from a standard provided in subdivision 2a. The variance fee is $500 per variance.
(e) The commissioner shall assess a fee for changes to
laboratory information regarding ownership, name, address, or personnel. Laboratories must submit changes through the
application process under subdivision 6.
The information update fee is $250 per application.
(f) Fees must be set so that the total fees support the
laboratory accreditation program. Direct
costs of the accreditation service include program administration, assessments,
the agency's general support costs, and attorney general costs attributable to
the fee function.
Sec. 30. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 3c. Refunds and nonpayment.
Refunds or credits shall not be made for applications received but
not approved. Accreditation of a
laboratory shall not be awarded until all fees are paid.
Sec. 31. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 6. Application. (a)
Laboratories seeking accreditation must apply on a form provided by the
commissioner, include the laboratory's procedures and quality manual, and pay
the applicable fees.
(b) Laboratories may be fixed-base or mobile. The commissioner shall accredit mobile
laboratories individually and require a vehicle identification number, license
plate number, or other uniquely identifying information in addition to the
application requirements of paragraph (a).
(c) Laboratories maintained on separate properties, even
though operated under the same management or ownership, must apply
separately. Laboratories with more than
one building on the same or adjoining properties do not need to submit a
separate application.
(d) The commissioner may accredit laboratories located
out-of-state. Accreditation for
out-of-state laboratories may be obtained directly from the commissioner
following the requirements in paragraph (a), or out-of-state laboratories may
be accredited through a reciprocal agreement if the laboratory:
(1) is accredited by a NELAP-recognized accreditation body for
those fields of testing in which the laboratory requests accreditation from the
commissioner;
(2) submits an application and documentation according to this
subdivision; and
(3) submits a current copy of the laboratory's unexpired
accreditation from a NELAP-recognized accreditation body showing the fields of
accreditation for which the laboratory is currently accredited.
(e) Under the conflict of interest determinations provided in
section 43A.38, subdivision 6, clause (a), the commissioner shall not accredit
governmental laboratories operated by agencies of the executive branch of the
state. If accreditation is required,
laboratories operated by agencies of the executive branch of the state must
apply for accreditation through any other NELAP-recognized accreditation body.
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec. 32. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 6a. Implementation and effective date. All laboratories must comply with
standards under this section by July 1, 2009.
Fees under subdivisions 3 and 3b apply to applications received and
accreditations issued after June 30, 2009.
Accreditations issued on or before June 30, 2009, shall expire upon
their current expiration date.
Sec. 33. Minnesota
Statutes 2008, section 144.98, is amended by adding a subdivision to read:
Subd. 7. Initial accreditation and annual accreditation renewal. (a) The commissioner shall issue or renew
accreditation after receipt of the completed application and documentation
required in this section, provided the laboratory maintains compliance with the
standards specified in subdivision 2a, and attests to the compliance on the
application form.
(b) The commissioner shall prorate the fees in subdivision 3
for laboratories applying for accreditation after December 31. The fees are prorated on a quarterly basis
beginning with the quarter in which the commissioner receives the completed
application from the laboratory.
(c) Applications for renewal of accreditation must be received
by November 1 and no earlier than October 1 of each year. The commissioner shall send annual renewal
notices to laboratories 90 days before expiration. Failure to receive a renewal notice does not
exempt laboratories from meeting the annual November 1 renewal date.
(d) The commissioner shall issue all accreditations for the
calendar year for which the application is made, and the accreditation shall
expire on December 31 of that year.
(e) The accreditation of any laboratory that fails to submit
a renewal application and fees to the commissioner expires automatically on
December 31 without notice or further proceeding. Any person who operates a laboratory as
accredited after expiration of accreditation or without having submitted an
application and paid the fees is in violation of the provisions of this section
and is subject to enforcement action under sections 144.989 to 144.993, the
Health Enforcement Consolidation Act. A
laboratory with expired accreditation may reapply under subdivision 6.
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec. 34. Minnesota
Statutes 2008, section 144.99, subdivision 1, is amended to read:
Subdivision 1. Remedies available. The provisions of chapters 103I and 157 and
sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5),
(6), (10), (12), (13), (14), and (15); 144.1201 to 144.1204; 144.121; 144.1222;
144.35; 144.381 to 144.385; 144.411 to 144.417; 144.495; 144.71 to 144.74;
144.9501 to 144.9512; 144.97; 144.98; 144.992; 326.70 to 326.785; 327.10
to 327.131; and 327.14 to 327.28 and all rules, orders, stipulation agreements,
settlements, compliance agreements, licenses, registrations, certificates, and
permits adopted or issued by the department or under any other law now in force
or later enacted for the preservation of public health may, in addition to
provisions in other statutes, be enforced under this section.
EFFECTIVE DATE.
This section is effective July 1, 2009.
Sec. 35. Minnesota
Statutes 2008, section 157.15, is amended by adding a subdivision to read:
Subd. 20. Youth camp. "Youth
camp" has the meaning given in section 144.71, subdivision 2.
Sec. 36. Minnesota
Statutes 2008, section 157.16, is amended to read:
157.16 LICENSES
REQUIRED; FEES.
Subdivision 1. License required annually. A license is required annually for every
person, firm, or corporation engaged in the business of conducting a food and
beverage service establishment, for-profit youth camp, hotel, motel,
lodging establishment, public pool, or resort.
Any person wishing to operate a place of business licensed in this
section shall first make application, pay the required fee specified in this
section, and receive approval for operation, including plan review
approval. Seasonal and temporary food
stands and Special event food stands are not required to submit plans. Nonprofit organizations operating a special
event food stand with multiple locations at an annual one-day event shall be
issued only one license. Application
shall be made on forms provided by the commissioner and shall require the
applicant to state the full name and address of the owner of the building,
structure, or enclosure, the lessee and manager of the food and beverage
service establishment, hotel, motel, lodging establishment, public pool, or
resort; the name under which the business is to be conducted; and any other
information as may be required by the commissioner to complete the application
for license.
Subd. 2. License renewal. Initial and renewal licenses for all food and
beverage service establishments, for-profit youth camps, hotels, motels,
lodging establishments, public pools, and resorts shall be issued for the
calendar year for which application is made and shall expire on December 31 of
such year on an annual basis.
Any person who operates a place of business after the expiration date of
a license or without having submitted an application and paid the fee shall be
deemed to have violated the provisions of this chapter and shall be subject to
enforcement action, as provided in the Health Enforcement Consolidation Act,
sections 144.989 to 144.993. In
addition, a penalty of $50 $60 shall be added to the total of the
license fee for any food and beverage service establishment operating without a
license as a mobile food unit, a seasonal temporary or seasonal permanent food
stand, or a
special event food stand, and a penalty of $100
$120 shall be added to the total of the license fee for all restaurants,
food carts, hotels, motels, lodging establishments, for-profit youth camps,
public pools, and resorts operating without a license for a period of up to 30
days. A late fee of $300 $360
shall be added to the license fee for establishments operating more than 30
days without a license.
Subd. 2a. Food manager certification. An applicant for certification or
certification renewal as a food manager must submit to the commissioner a $28
$35 nonrefundable certification fee payable to the Department of
Health. The commissioner shall issue
a duplicate certificate to replace a lost, destroyed, or mutilated certificate
if the applicant submits a completed application on a form provided by the
commissioner for a duplicate certificate and pays $20 to the department for the
cost of duplication.
Subd. 3. Establishment fees; definitions. (a) The following fees are required for food
and beverage service establishments, for-profit youth camps, hotels,
motels, lodging establishments, public pools, and resorts licensed under this
chapter. Food and beverage service
establishments must pay the highest applicable fee under paragraph (d), clause
(1), (2), (3), or (4), and establishments serving alcohol must pay the highest
applicable fee under paragraph (d), clause (6) or (7). The license fee for new operators previously
licensed under this chapter for the same calendar year is one-half of the
appropriate annual license fee, plus any penalty that may be required. The license fee for operators opening on or
after October 1 is one-half of the appropriate annual license fee, plus any
penalty that may be required.
(b) All food and beverage service establishments, except
special event food stands, and all hotels, motels, lodging establishments,
public pools, and resorts shall pay an annual base fee of $150.
(c) A special event food stand shall pay a flat fee of $40
$50 annually. "Special event food stand" means a fee category
where food is prepared or served in conjunction with celebrations, county
fairs, or special events from a special event food stand as defined in section
157.15.
(d) In addition to the base fee in paragraph (b), each food
and beverage service establishment, other than a special event food stand, and
each hotel, motel, lodging establishment, public pool, and resort shall pay an
additional annual fee for each fee category, additional food service, or
required additional inspection specified in this paragraph:
(1) Limited food menu selection, $50 $60.
"Limited food menu selection" means a fee category that provides one
or more of the following:
(i) prepackaged food that receives heat treatment and is
served in the package;
(ii) frozen pizza that is heated and served;
(iii) a continental breakfast such as rolls, coffee, juice,
milk, and cold cereal;
(iv) soft drinks, coffee, or nonalcoholic beverages; or
(v) cleaning for eating, drinking, or cooking utensils, when
the only food served is prepared off site.
(2) Small establishment, including boarding establishments, $100
$120. "Small establishment" means a fee category that has no
salad bar and meets one or more of the following:
(i) possesses food service equipment that consists of no more
than a deep fat fryer, a grill, two hot holding containers, and one or more
microwave ovens;
(ii) serves dipped ice cream or soft serve frozen desserts;
(iii) serves breakfast in an owner-occupied bed and breakfast
establishment;
(iv) is a boarding establishment; or
(v) meets the equipment criteria in clause (3), item (i) or
(ii), and has a maximum patron seating capacity of not more than 50.
(3) Medium establishment, $260 $310.
"Medium establishment" means a fee category that meets one or more of
the following:
(i) possesses food service equipment that includes a range,
oven, steam table, salad bar, or salad preparation area;
(ii) possesses food service equipment that includes more than
one deep fat fryer, one grill, or two hot holding containers; or
(iii) is an establishment where food is prepared at one
location and served at one or more separate locations.
Establishments meeting criteria in clause (2), item (v), are
not included in this fee category.
(4) Large establishment, $460 $540. "Large
establishment" means either:
(i) a fee category that (A) meets the criteria in clause (3),
items (i) or (ii), for a medium establishment, (B) seats more than 175 people,
and (C) offers the full menu selection an average of five or more days a week
during the weeks of operation; or
(ii) a fee category that (A) meets the criteria in clause
(3), item (iii), for a medium establishment, and (B) prepares and serves 500 or
more meals per day.
(5) Other food and beverage service, including food carts,
mobile food units, seasonal temporary food stands, and seasonal permanent food
stands, $50 $60.
(6) Beer or wine table service, $50 $60.
"Beer or wine table service" means a fee category where the only
alcoholic beverage service is beer or wine, served to customers seated at
tables.
(7) Alcoholic beverage service, other than beer or wine table
service, $135 $165.
"Alcohol beverage service, other than beer or wine table
service" means a fee category where alcoholic mixed drinks are served or
where beer or wine are served from a bar.
(8) Lodging per sleeping accommodation unit, $8 $10,
including hotels, motels, lodging establishments, and resorts, up to a maximum
of $800 $1,000. "Lodging per sleeping accommodation
unit" means a fee category including the number of guest rooms, cottages,
or other rental units of a hotel, motel, lodging establishment, or resort; or
the number of beds in a dormitory.
(9) First public pool, $180 $325; each
additional public pool, $100 $175. "Public pool" means
a fee category that has the meaning given in section 144.1222, subdivision 4.
(10) First spa, $110 $175; each additional spa,
$50 $100. "Spa pool" means a fee category that has the
meaning given in Minnesota Rules, part 4717.0250, subpart 9.
(11) Private sewer or water, $50 $60.
"Individual private water" means a fee category with a water supply
other than a community public water supply as defined in Minnesota Rules,
chapter 4720. "Individual private sewer" means a fee category with an
individual sewage treatment system which uses subsurface treatment and
disposal.
(12) Additional food service, $130 $150.
"Additional food service" means a location at a food service
establishment, other than the primary food preparation and service area, used
to prepare or serve food to the public.
(13) Additional inspection fee, $300 $360.
"Additional inspection fee" means a fee to conduct the second
inspection each year for elementary and secondary education facility school
lunch programs when required by the Richard B. Russell National School Lunch
Act.
(e) A fee of $350 for review of the construction
plans must accompany the initial license application for restaurants, hotels,
motels, lodging establishments, or resorts with five or more sleeping
units., seasonal food stands, and mobile food units. The fee for this construction plan review is
as follows:
Service Area Type Fee
Food limited
food menu $275
small
establishment $400
medium
establishment $450
large
food establishment $500
additional
food service $150
Transient food service food
cart $250
seasonal
permanent food stand $250
seasonal
temporary food stand $250
mobile
food unit $350
Alcohol beer
or wine table service $150
alcohol
service from bar $250
Lodging less
than 25 rooms $375
25
to less than 100 rooms $400
100
rooms or more $500
less
than five cabins $350
five
to less than ten cabins $400
ten
cabins or more $450
(f) When existing food and beverage service
establishments, hotels, motels, lodging establishments, or resorts,
seasonal food stands, and mobile food units are extensively remodeled, a
fee of $250 must be submitted with the remodeling plans. A fee of $250 must be submitted for new
construction or remodeling for a restaurant with a limited food menu selection,
a seasonal permanent food stand, a mobile food unit, or a food cart, or for a
hotel, motel, resort, or lodging establishment addition of less than five
sleeping units. The fee for this construction plan review is as follows:
Service Area Type Fee
Food limited
food menu $250
small
establishment $300
medium
establishment $350
large
food establishment $400
additional
food service $150
Transient food service food
cart $250
seasonal
permanent food stand $250
seasonal
temporary food stand $250
mobile
food unit $250
Alcohol beer
or wine table service $150
alcohol
service from bar $250
Lodging less
than 25 rooms $250
25
to less than 100 rooms $300
100
rooms or more $450
less
than five cabins $250
five
to less than ten cabins $350
ten
cabins or more $400
(g) Seasonal temporary food stands and Special
event food stands are not required to submit construction or remodeling plans
for review.
(h) For-profit youth camp fee, $500.
Subd. 3a. Statewide hospitality fee. Every person, firm, or corporation that
operates a licensed boarding establishment, food and beverage service
establishment, seasonal temporary or permanent food stand, special event food
stand, mobile food unit, food cart, resort, hotel, motel, or lodging
establishment in Minnesota must submit to the commissioner a $35 annual
statewide hospitality fee for each licensed activity. The fee for establishments licensed by the
Department of Health is required at the same time the licensure fee is
due. For establishments licensed by
local governments, the fee is due by July 1 of each year.
Subd. 4. Posting requirements. Every food and beverage service establishment,
for-profit youth camp, hotel, motel, lodging establishment, public pool, or
resort must have the license posted in a conspicuous place at the
establishment. Mobile food units,
food carts, and seasonal temporary food stands shall be issued decals with the
initial license and each calendar year with license renewals. The current license year decal must be placed
on the unit or stand in a location determined by the commissioner. Decals are not transferable.
Sec. 37.
Minnesota Statutes 2008, section 157.22, is amended to read:
157.22 EXEMPTIONS.
This chapter shall not be construed to does
not apply to:
(1) interstate carriers under the supervision of the
United States Department of Health and Human Services;
(2) any building constructed and primarily used for
religious worship;
(3) any building owned, operated, and used by a
college or university in accordance with health regulations promulgated by the
college or university under chapter 14;
(4) any person, firm, or corporation whose principal
mode of business is licensed under sections 28A.04 and 28A.05, is exempt at
that premises from licensure as a food or beverage establishment; provided that
the holding of any license pursuant to sections 28A.04 and 28A.05 shall not
exempt any person, firm, or corporation from the applicable provisions of this
chapter or the rules of the state commissioner of health relating to food and
beverage service establishments;
(5) family day care homes and group family day care
homes governed by sections 245A.01 to 245A.16;
(6) nonprofit senior citizen centers for the sale of
home-baked goods;
(7) fraternal or patriotic organizations that are tax
exempt under section 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or
501(c)(19) of the Internal Revenue Code of 1986, or organizations related to or
affiliated with such fraternal or patriotic organizations. Such organizations may organize events at
which home-prepared food is donated by organization members for sale at the
events, provided:
(i) the event is not a circus, carnival, or fair;
(ii) the organization controls the admission of
persons to the event, the event agenda, or both; and
(iii) the organization's licensed kitchen is not used
in any manner for the event;
(8) food not prepared at an establishment and brought
in by individuals attending a potluck event for consumption at the potluck
event. An organization sponsoring a
potluck event under this clause may advertise the potluck event to the public
through any means. Individuals who are
not members of an organization sponsoring a potluck event under this clause may
attend the potluck event and consume the food at the event. Licensed food establishments other than
schools cannot be sponsors of potluck events.
A school may sponsor and hold potluck events in areas of the school
other than the school's kitchen, provided that the school's kitchen is not used
in any manner for the potluck event. For
purposes of this clause, "school" means a public school as defined in
section 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic school, church,
or religious organization at which a child is provided with instruction in
compliance with sections 120A.22 and 120A.24.
Potluck event food shall not be brought into a licensed food
establishment kitchen; and
(9) a home school in which a child is provided
instruction at home; and
(10) concession stands operated in
conjunction with school-sponsored events on school property are exempt from the
21-day restriction.
Sec. 38.
Minnesota Statutes 2008, section 327.14, is amended by adding a
subdivision to read:
Subd. 9.
Special event recreational
camping area. "Special
event recreational camping area" means a recreational camping area which
operates no more than two times annually and for no more than 14 consecutive
days.
Sec. 39.
Minnesota Statutes 2008, section 327.15, is amended to read:
327.15 LICENSE
REQUIRED; RENEWAL; PLANS FOR EXPANSION FEES.
Subdivision 1.
License required; plan review. No person, firm or corporation shall
establish, maintain, conduct or operate a manufactured home park or
recreational camping area within this state without first obtaining a
an annual license therefor from the state Department of Health. Any person wishing to obtain a license
shall first make application, pay the required fee specified in this section,
and receive approval for operation, including plan review approval. Application shall be made on forms provided
by the commissioner and shall require the applicant to state the full name and
address of the owner of the manufactured home park or recreational camping
area, the name under which the business is to be conducted, and any other
information as may be required by the commissioner to complete the application
for license. Any person, firm, or
corporation desiring to operate either a manufactured home park or a
recreational camping area on the same site in connection with the other, need
only obtain one license. A license
shall expire and be renewed as prescribed by the commissioner pursuant to
section
144.122. The license shall state the number of manufactured home sites
and recreational camping sites allowed according to state commissioner of
health approval. No renewal license
shall be issued if the number of sites specified in the application exceeds those
of the original application The number of licensed sites shall not be
increased unless the plans for expansion or the construction for
expansion are submitted and the expansion first approved by the
Department of Health. Any
manufactured home park or recreational camping area located in more than one
municipality shall be dealt with as two separate manufactured home parks or
camping areas. The license shall be
conspicuously displayed in the office of the manufactured home park or camping
area. The license is not transferable as
to person or place.
Subd. 2.
License renewal. Initial and renewal licenses for all
manufactured home parks and recreational camping areas shall be issued annually
and shall have an expiration date included on the license. Any person who operates a manufactured home
park or recreational camping area after the expiration date of a license or
without having submitted an application and paid the fee shall be deemed to
have violated the provisions of this chapter and shall be subject to
enforcement action, as provided in the Health Enforcement Consolidation Act,
sections 144.989 to 144.993. In
addition, a penalty of $120 shall be added to the total of the license fee for
any manufactured home park or recreational camping area operating without a
license for a period of up to 30 days. A
late fee of $360 shall be added to the license fee for any manufactured home
park or recreational camping area operating more than 30 days without a license.
Subd. 3.
Fees; manufactured home parks;
recreational camping areas. (a)
The following fees are required for manufactured home parks and recreational
camping areas licensed under this chapter.
Recreational camping areas and manufactured home parks must pay the
highest applicable fee under paragraph (c).
The license fee for new operators of a manufactured home park or
recreational camping area previously licensed under this chapter for the same
calendar year is one-half of the appropriate annual license fee, plus any
penalty that may be required. The
license fee for operators opening on or after October 1 is one-half of the
appropriate annual license fee, plus any penalty that may be required.
(b) All manufactured home parks and
recreational camping areas, except special event recreational camping areas,
shall pay an annual base fee of $150 plus $4 for each licensed site, except
that any operator of a manufactured home park or recreational camping area who
is licensed under section 157.16 for the same location shall not be required to
pay the base fee.
(c) In addition to the fee in
paragraph (b), each manufactured home park or recreational camping area shall
pay an additional annual fee for each fee category specified in this paragraph:
(1) manufactured home parks and
recreational camping areas with public swimming pools and spas shall pay the
appropriate fees specified in section 157.16; and
(2) individual private sewer or
water, $60. "Individual private water" means a fee category with a
water supply other than a community public water supply as defined in Minnesota
Rules, chapter 4720. "Individual private sewer" means a fee category
with an individual sewage treatment system which uses subsurface treatment and
disposal.
(d) The following fees must accompany
a plan review application for initial construction of a manufactured home park
or recreational camping area for initial construction of:
(1) less than 25 sites, $375;
(2) 25 to less than 100 sites, $400;
and
(3) 100 or more sites, $500.
(e) The following fees must accompany
a plan review application when an existing manufactured home park or
recreational camping area is expanded for expansion of:
(1) less than 25 sites, $250;
(2) 25 but less than 100 sites, $300;
and
(3) 100 or more sites, $450.
Subd. 4.
Fees; special event recreational
camping areas. (a) The
following fees are required for special event recreational camping areas
licensed under this chapter.
(b) All special event recreational
camping areas shall pay an annual fee of $150 plus $1 for each licensed site.
(c) A special event recreational
camping area shall pay a late fee of $360 for failing to obtain a license prior
to operating.
(d) The following fees must accompany
a plan review application for initial construction of a special event
recreational camping area for initial construction of:
(1) less than 25 special event
recreational camping sites, $375;
(2) 25 to less than 100 sites, $400;
and
(3) 100 or more sites, $500.
(e) The following fees must accompany
a plan review application for expansion of a special event recreational camping
area for expansion of:
(1) less than 25 sites, $250;
(2) 25 but less than 100 sites, $300;
and
(3) 100 or more sites, $450.
Sec. 40.
Minnesota Statutes 2008, section 327.16, is amended to read:
327.16 LICENSE
PLAN REVIEW APPLICATION.
Subdivision 1. Made to state Department of Health. The plan review application for license
to operate and maintain a manufactured home park or recreational camping
area shall be made to the state Department of Health, at such office and in
such manner as may be prescribed by that department.
Subd. 2. Contents. The applicant for a primary license or
annual license shall make application in writing plan review application
shall be made upon a form provided by the state Department of Health
setting forth:
(1) The full name and address of the applicant or
applicants, or names and addresses of the partners if the applicant is a
partnership, or the names and addresses of the officers if the applicant is a
corporation.
(2) A legal description of the site, lot, field, or
tract of land upon which the applicant proposes to operate and maintain a
manufactured home park or recreational camping area.
(3) The proposed and existing facilities on and about
the site, lot, field, or tract of land for the proposed construction or
alteration and maintaining of a sanitary community building for toilets,
urinals, sinks, wash basins, slop-sinks, showers, drains, laundry facilities,
source of water supply, sewage, garbage and waste disposal; except that no
toilet facilities shall be required in any manufactured home park which permits
only manufactured homes equipped with toilet facilities discharging to water
carried sewage disposal systems; and method of fire and storm protection.
(4) The proposed method of lighting the structures and
site, lot, field, or tract of land upon which the manufactured home park or
recreational camping area is to be located.
(5) The calendar months of the year which the
applicant will operate the manufactured home park or recreational camping area.
(6) Plans and drawings for new construction or
alteration, including buildings, wells, plumbing and sewage disposal systems.
Subd. 3. Fees; Approval. The application for the primary license
plan review shall be submitted with all plans and specifications enumerated
in subdivision 2, and payment of a fee in an amount prescribed by the state
commissioner of health pursuant to section 144.122 and shall be accompanied
by an approved zoning permit from the municipality or county wherein the park
is to be located, or a statement from the municipality or county that it does
not require an approved zoning permit. The
fee for the annual license shall be in an amount prescribed by the state
commissioner of health pursuant to section 144.122. All license fees paid to the commissioner of
health shall be turned over to the state treasury. The fee submitted for the primary
license plan review shall be retained by the state even though the
proposed project is not approved and a license is denied.
When construction has been completed in accordance
with approved plans and specifications the state commissioner of health shall
promptly cause the manufactured home park or recreational camping area and
appurtenances thereto to be inspected. When
the inspection and report has been made and the state commissioner of health
finds that all requirements of sections 327.10, 327.11, 327.14 to 327.28, and
such conditions of health and safety as the state commissioner of health may
require, have been met by the applicant, the state commissioner of health shall
forthwith issue the primary license in the name of the state.
Subd. 4. Sanitary facilities Compliance
with current state law. During
the pendency of the application for such primary license any change in the
sanitary or safety facilities of the intended manufactured home park or
recreational camping area shall be immediately reported in writing to the state
Department of Health through the office through which the application was made. If no objection is made by the state
Department of Health to such change in such sanitary or safety facilities
within 60 days of the date such change is reported, it shall be deemed to have
the approval of the state Department of Health. Any manufactured home park
or recreational camping area must be constructed and operated according to all
applicable state electrical, fire, plumbing, and building codes.
Subd. 5. Permit.
When the plans and specifications have been approved, the state
Department of Health shall issue an approval report permitting the applicant to
construct or make alterations upon a manufactured home park or recreational
camping area and the appurtenances thereto according to the plans and
specifications presented.
Such approval does not relieve the applicant from
securing building permits in municipalities that require permits or from
complying with any other municipal ordinance or ordinances, applicable thereto,
not in conflict with this statute.
Subd. 6. Denial of construction. If the application to construct or make
alterations upon a manufactured home park or recreational camping area and the
appurtenances thereto or a primary license to operate and maintain the
same is denied by the state commissioner of health, the commissioner shall so
state in writing giving the reason or
reasons for denying the application. If the objections can be corrected the
applicant may amend the application and resubmit it for approval, and if denied
the applicant may appeal from the decision of the state commissioner of health
as provided in section 144.99, subdivision 10.
Sec. 41.
Minnesota Statutes 2008, section 327.20, subdivision 1, is amended to
read:
Subdivision 1. Rules.
No domestic animals or house pets of occupants of manufactured home
parks or recreational camping areas shall be allowed to run at large, or commit
any nuisances within the limits of a manufactured home park or recreational
camping area. Each manufactured home
park or recreational camping area licensed under the provisions of sections
327.10, 327.11, and 327.14 to 327.28 shall, among other things, provide
for the following, in the manner hereinafter specified:
(1) A responsible attendant or caretaker shall be in
charge of every manufactured home park or recreational camping area at all
times, who shall maintain the park or area, and its facilities and equipment in
a clean, orderly and sanitary condition.
In any manufactured home park containing more than 50 lots, the
attendant, caretaker, or other responsible park employee, shall be readily
available at all times in case of emergency.
(2) All manufactured home parks shall be well drained
and be located so that the drainage of the park area will not endanger any
water supply. No wastewater from
manufactured homes or recreational camping vehicles shall be deposited on the
surface of the ground. All sewage and
other water carried wastes shall be discharged into a municipal sewage system
whenever available. When a municipal
sewage system is not available, a sewage disposal system acceptable to the
state commissioner of health shall be provided.
(3) No manufactured home shall be located closer than
three feet to the side lot lines of a manufactured home park, if the abutting
property is improved property, or closer than ten feet to a public street or
alley. Each individual site shall abut
or face on a driveway or clear unoccupied space of not less than 16 feet in
width, which space shall have unobstructed access to a public highway or
alley. There shall be an open space of
at least ten feet between the sides of adjacent manufactured homes including
their attachments and at least three feet between manufactured homes when
parked end to end. The space between
manufactured homes may be used for the parking of motor vehicles and other
property, if the vehicle or other property is parked at least ten feet from the
nearest adjacent manufactured home position.
The requirements of this paragraph shall not apply to recreational
camping areas and variances may be granted by the state commissioner of health
in manufactured home parks when the variance is applied for in writing and in
the opinion of the commissioner the variance will not endanger the health,
safety, and welfare of manufactured home park occupants.
(4) An adequate supply of water of safe, sanitary
quality shall be furnished at each manufactured home park or recreational
camping area. The source of the water
supply shall first be approved by the state Department of Health.
(5) All plumbing shall be installed in accordance with
the rules of the state commissioner of labor and industry and the provisions of
the Minnesota Plumbing Code.
(6) In the case of a manufactured home park with less
than ten manufactured homes, a plan for the sheltering or the safe evacuation to
a safe place of shelter of the residents of the park in times of severe weather
conditions, such as tornadoes, high winds, and floods. The shelter or evacuation plan shall be
developed with the assistance and approval of the municipality where the park is
located and shall be posted at conspicuous locations throughout the park. The park owner shall provide each resident
with a copy of the approved shelter or evacuation plan, as provided by section
327C.01, subdivision 1c. Nothing in this
paragraph requires the Department of Health to review or approve any shelter or
evacuation plan developed by a park.
Failure of a municipality to approve a plan submitted by a park shall
not be grounds for action against the park by the Department of Health if the
park has made a good faith effort to develop the plan and obtain municipal
approval.
(7) A manufactured home park with ten or more
manufactured homes, licensed prior to March 1, 1988, shall provide a safe place
of shelter for park residents or a plan for the evacuation of park residents to
a safe place of shelter within a reasonable distance of the park for use by
park residents in times of severe weather, including tornadoes and high
winds. The shelter or evacuation plan
must be approved by the municipality by March 1, 1989. The municipality may require the park owner
to construct a shelter if it determines that a safe place of shelter is not
available within a reasonable distance from the park. A copy of the municipal approval and the plan
shall be submitted by the park owner to the Department of Health. The park owner shall provide each resident
with a copy of the approved shelter or evacuation plan, as provided by section
327C.01, subdivision 1c.
(8) A manufactured home park with ten or more
manufactured homes, receiving a primary an initial license after
March 1, 1988, must provide the type of shelter required by section 327.205,
except that for manufactured home parks established as temporary, emergency
housing in a disaster area declared by the President of the United States or
the governor, an approved evacuation plan may be provided in lieu of a shelter
for a period not exceeding 18 months.
(9) For the purposes of this subdivision, "park
owner" and "resident" have the meaning meanings
given them in section 327C.01.
Sec. 42.
Minnesota Statutes 2008, section 327.20, is amended by adding a
subdivision to read:
Subd. 4.
Special event recreational
camping areas. Each special
event camping area licensed under sections 327.10, 327.11, and 327.14 to 327.28
is subject to this section.
(1) Recreational camping vehicles and
tents, including attachments, must be separated from each other and other
structures by at least seven feet.
(2) A minimum area of 300 square feet
per site must be provided and the total number of sites must not exceed one
site for every 300 square feet of usable land area.
(3) Each site must abut or face a
driveway or clear unoccupied space of at least 16 feet in width, which space
must have unobstructed access to a public roadway.
(4) If no approved on-site water
supply system is available, hauled water may be used, provided that persons
using hauled water comply with Minnesota Rules, parts 4720.4000 to 4720.4600.
(5) Nonburied sewer lines may be
permitted provided they are of approved materials, watertight, and properly
maintained.
(6) If a sanitary dumping station is
not provided on-site, arrangements must be made with a licensed sewage pumper
to service recreational camping vehicle holding tanks as needed.
(7) Toilet facilities must be
provided consisting of toilets connected to an approved sewage disposal system,
portable toilets, or approved, properly constructed privies.
(8) Toilets must be provided in the
ratio of one toilet for each sex for each 150 sites.
(9) Toilets must be not more than 400
feet from any site.
(10) If a central building or
buildings are provided with running water, then toilets and handwashing
lavatories must be provided in the building or buildings that meet the
requirements of this subdivision.
(11) Showers, if provided, must be
provided in the ratio of one shower for each sex for each 250 sites. Showerheads must be provided, where running
water is available, for each camping event exceeding two nights.
(12) Central toilet and shower
buildings, if provided, must be constructed with adequate heating, ventilation,
and lighting, and floors of impervious material sloped to drain. Walls must be of a washable material. Permanent facilities must meet the
requirements of the Americans with Disabilities Act.
(13) An adequate number of durable,
covered, watertight containers must be provided for all garbage and
refuse. Garbage and refuse must be
collected as often as necessary to prevent nuisance conditions.
(14) Campgrounds must be located in
areas free of poison ivy or other noxious weeds considered detrimental to
health. Sites must not be located in
areas of tall grass or weeds and sites must be adequately drained.
(15) Campsites for recreational
vehicles may not be located on inclines of greater than eight percent grade or
one inch drop per lineal foot.
(16) A responsible attendant or
caretaker must be available on-site at all times during the operation of any
special event recreational camping area that has 50 or more sites.
Sec. 43. MINNESOTA COLORECTAL CANCER PREVENTION
ACT.
Subdivision 1.
Purpose. Colon cancer is one of Minnesota's leading
causes of death and one of the most preventable forms of cancer. The Minnesota Colorectal Cancer Prevention
Act creates a demonstration project and public-private partnership that
leverages business, nonprofit, and government sectors to reduce the incidence
of colon cancer, reduce future health care expenditures, and address health
disparities by emphasizing prevention in a manner consistent with Minnesota's
health care reform goals.
Subd. 2.
Establishment. The commissioner of health shall award
grants to Hennepin County Medical Center and MeritCare Bemidji for a colorectal
screening demonstration project to provide screening to uninsured and underinsured
women and men.
Subd. 3.
Eligibility. To be eligible for colorectal screening
under this demonstration project, an applicant must:
(1) be at least 50 years of age, or
under the age of 50 and at high risk for colon cancer;
(2) be uninsured, or if insured, has
coverage that does not cover the full cost of colorectal cancer screenings;
(3) not eligible for medical
assistance, general assistance medical care, or MinnesotaCare programs; and
(4) have a gross family income at or
below 250 percent of the federal poverty level.
Subd. 4.
Services. Services provided under this project shall
include:
(1) colorectal cancer screening,
according to standard practices of medicine, or guidelines provided by the
Institute for Clinical Systems Improvement or the American Cancer Society;
(2) follow-up services for abnormal
tests; and
(3) diagnostic services to determine
the extent and proper course of treatment.
Subd. 5.
Project evaluation. The commissioner of health, in
consultation with the University of Minnesota School of Public Health, shall
evaluate the demonstration project and make recommendations for increasing the
number of persons in Minnesota who receive recommended colon cancer
screening. The commissioner of health
shall submit the evaluation and recommendations to the legislature by January
1, 2011.
Sec. 44. WOMEN'S HEART HEALTH PILOT PROJECT.
Subdivision 1.
Establishment. The commissioner of health shall develop
and implement a women's heart health pilot project to provide heart disease
risk screening to uninsured and underinsured women, who are low-income,
American Indian, or other minority.
Subd. 2.
Services. Under this project, the commissioner must
contract with health care clinics to provide heart disease risk screenings to
eligible women. The clinics may also
provide follow-up services to women found to be at risk for heart disease.
Subd. 3.
Eligibility. To be eligible for screening under this
program, an applicant must:
(1) be between the ages of 40 and 64
years;
(2) receive breast and cervical
cancer screening services under the Department of Health's Sage program;
(3) be uninsured, or have insurance
that does not cover heart disease risk screenings; and
(4) have a gross family income at or
below 150 percent of the federal poverty level.
Sec. 45. EXPOSURE LEVELS STUDY.
The commissioner of health shall work
with appropriate local, state, and federal agencies to determine whether the
levels of exposure to pentachlorophenol (PCP) in Minneapolis neighborhoods where
utility poles treated with PCP or creosote, probable human carcinogens, are
installed, exceed human health risk limits or maximum contaminant levels for
residents, utility workers, and others who handle the treated poles.
Sec. 46. FEASIBILITY PILOT PROJECT FOR CANCER
SURVEILLANCE.
The commissioner of health must
provide a grant to the Hennepin County Medical Center for a one-year
feasibility pilot project to collect occupational history and residential
history data from newly diagnosed cancer patients at the Hennepin County
Medical Center's Cancer Center. Funding
for this grant shall come from the Department of Health's current resources for
the Chronic Disease and Environmental Epidemiology Section. The grant shall cover the cost of one
full-time equivalent position at the Hennepin County Medical Center. The grant must be sufficient to cover the
responsibilities associated with carrying out the feasibility pilot project.
Under this pilot project, Hennepin
County Medical Center will design an expansion of its existing cancer registry
to include the collection of additional data, including the cancer patient's
occupational history, residential history, and military service history. Patient consent is required for collection of
these additional data. The data
collection expansion may also include the cancer patient's possible toxic
environmental exposure history, if known.
The purpose of this pilot project is to determine the following:
(1) the feasibility of collecting
these data on a statewide scale;
(2) the potential design of a
self-administered patient questionnaire template; and
(3) necessary qualifications for
staff who will collect these data.
Hennepin County Medical Center must
report the results of this pilot project to the legislature by October 1, 2010.
Sec. 47. SMOKING CESSATION.
The commissioner of health must
prioritize smoking prevention and smoking cessation activities in low-income,
indigenous, and minority communities in their collaborations with the ClearWay organization.
Sec. 48. MEDICAL RESPONSE UNIT REIMBURSEMENT
PILOT PROGRAM.
(a) The Department of Public Safety
or its contract designee shall collaborate with the Minnesota Ambulance
Association to create the parameters of the medical response unit reimbursement
pilot program, including determining criteria for baseline data reporting.
(b) In conducting the pilot program,
the Department of Public Safety must consult with the Minnesota Ambulance
Association, Minnesota Fire Chiefs Association, Emergency Services Regulatory
Board, and the Minnesota Council of Health Plans to:
(1) identify no more than five
medical response units registered as medical response units with the Minnesota
Emergency Medical Services Regulatory Board according to Minnesota Statutes,
chapter 144E, to participate in the program;
(2) outline and develop criteria for
reimbursement;
(3) determine the amount of
reimbursement for each unit response; and
(4) collect program data to be
analyzed for a final report.
(c) Further criteria for the medical
response unit reimbursement pilot program shall include:
(1) the pilot program will expire on
December 31, 2010, or when the appropriation is extended, whichever occurs
first;
(2) a report shall be made to the
legislature by March 1, 2011, by the Department of Public Safety or its
contractor as to the effectiveness and value of this reimbursement pilot
program to the emergency medical services delivery system, any actual or
potential savings to the health care system, and impact on patient outcomes;
(3) participating medical response
units must adhere to the requirements of this pilot program outlined in an
agreement between the Department of Public Safety and the medical response
unit, including but not limited to, requirements relating to data collection,
response criteria, and patient outcomes and disposition;
(4) individual entities licensed to
provide ambulance care under Minnesota Statutes, chapter 144E, are not eligible
for participation in this pilot program;
(5) if a participating medical
response unit withdraws from the pilot program, the Department of Public Safety
in consultation with the Minnesota Ambulance Association may choose another
pilot site if funding is available;
(6) medical response units must
coordinate their operations under this pilot project with the ambulance service
or services licensed to provide care in their first response geographic areas;
(7) licensed ambulance services that
participate with the medical response unit in the pilot program assume no
financial or legal liability for the actions of the participating medical
response unit; and
(8) the Department of Public Safety
and its pilot program partners have no ongoing responsibility to reimburse
medical response units beyond the parameters of the pilot program.
Sec. 49. REPEALER.
(a) Minnesota Statutes 2008, sections
103I.112; 144.9501, subdivision 17b; and 327.14, subdivisions 5 and 6, are
repealed.
(b) Minnesota Rules, part 4626.2015,
subpart 9, is repealed.
ARTICLE 12
HEALTH-RELATED FEES
Section 1.
Minnesota Statutes 2008, section 148.108, is amended to read:
148.108 FEES.
Subdivision 1. Fees.
In addition to the fees established in Minnesota Rules, chapter 2500, and
according to sections 148.05, 148.06, 148.07, and 148.10, subdivisions 2 and 3,
the board is authorized to charge the fees in this section.
Subd. 2. Annual renewal of inactive acupuncture
registration License and registration fees. The annual renewal of an inactive
acupuncture registration fee is $25. License and registration fees are
as follows:
(1) for a license application fee,
$300;
(2) for a license active renewal fee,
$220;
(3) for a license inactive renewal
fee, $165;
(4) for an acupuncture initial
registration fee, $125;
(5) for an acupuncture active registration
renewal fee, $75;
(6) for an acupuncture registration
reinstatement fee, $50;
(7) for an acupuncture inactive
registration renewal fee, $25;
(8) for an animal chiropractic
registration fee, $125;
(9) for an animal chiropractic active
registration renewal fee, $75; and
(10) for an animal chiropractic
inactive registration renewal fee, $25.
Subd. 3.
Acupuncture reinstatement. The acupuncture reinstatement fee is $50.
Sec. 2.
Minnesota Statutes 2008, section 148D.180, subdivision 1, is amended to
read:
Subdivision 1. Application fees. Application fees for licensure are as
follows:
(1) for a licensed social worker, $45;
(2) for a licensed graduate social worker, $45;
(3) for a licensed independent social worker, $90
$45;
(4) for a licensed independent clinical social worker, $90
$45;
(5) for a temporary license, $50; and
(6) for a licensure by endorsement, $150 $85.
The fee for criminal background checks is the fee
charged by the Bureau of Criminal Apprehension.
The criminal background check fee must be included with the application
fee as required pursuant to section 148D.055.
Sec. 3.
Minnesota Statutes 2008, section 148D.180, subdivision 2, is amended to
read:
Subd. 2. License fees. License fees are as follows:
(1) for a licensed social worker, $115.20 $81;
(2) for a licensed graduate social worker, $201.60
$144;
(3) for a licensed independent social worker, $302.40
$216;
(4) for a licensed independent clinical social worker, $331.20
$238.50;
(5) for an emeritus license, $43.20; and
(6) for a temporary leave fee, the same as the renewal
fee specified in subdivision 3.
If the licensee's initial license term is less or more
than 24 months, the required license fees must be prorated proportionately.
Sec. 4. Minnesota
Statutes 2008, section 148D.180, subdivision 3, is amended to read:
Subd. 3. Renewal fees. Renewal fees for licensure are as follows:
(1) for a licensed social worker, $115.20 $81;
(2) for a licensed graduate social worker, $201.60
$144;
(3) for a licensed independent social worker, $302.40
$216; and
(4) for a licensed independent clinical social worker, $331.20
$238.50.
Sec. 5.
Minnesota Statutes 2008, section 148D.180, subdivision 5, is amended to
read:
Subd. 5. Late fees. Late fees are as follows:
(1) renewal late fee, one-half one-fourth
of the renewal fee specified in subdivision 3; and
(2) supervision plan late fee, $40.
Sec. 6.
Minnesota Statutes 2008, section 148E.180, subdivision 1, is amended to
read:
Subdivision 1. Application fees. Application fees for licensure are as
follows:
(1) for a licensed social worker, $45;
(2) for a licensed graduate social worker, $45;
(3) for a licensed independent social worker, $90
$45;
(4) for a licensed independent clinical social worker,
$90 $45;
(5) for a temporary license, $50; and
(6) for a licensure by endorsement, $150 $85.
The fee for criminal background checks is the fee
charged by the Bureau of Criminal Apprehension.
The criminal background check fee must be included with the application
fee as required according to section 148E.055.
Sec. 7.
Minnesota Statutes 2008, section 148E.180, subdivision 2, is amended to
read:
Subd. 2. License fees. License fees are as follows:
(1) for a licensed social worker, $115.20
$81;
(2) for a licensed graduate social worker, $201.60
$144;
(3) for a licensed independent social worker, $302.40
$216;
(4) for a licensed independent clinical social worker,
$331.20 $238.50;
(5) for an emeritus license, $43.20; and
(6) for a temporary leave fee, the same as the renewal
fee specified in subdivision 3.
If the licensee's initial license term is less or more
than 24 months, the required license fees must be prorated proportionately.
Sec. 8.
Minnesota Statutes 2008, section 148E.180, subdivision 3, is amended to
read:
Subd. 3. Renewal fees. Renewal fees for licensure are as follows:
(1) for a licensed social worker, $115.20
$81;
(2) for a licensed graduate social worker, $201.60
$144;
(3) for a licensed independent social worker, $302.40
$216; and
(4) for a licensed independent clinical social worker,
$331.20 $238.50.
Sec. 9.
Minnesota Statutes 2008, section 148E.180, subdivision 5, is amended to
read:
Subd. 5. Late fees. Late fees are as follows:
(1) renewal late fee, one-half one-fourth
of the renewal fee specified in subdivision 3; and
(2) supervision plan late fee, $40.
Sec. 10.
Minnesota Statutes 2008, section 153A.17, is amended to read:
153A.17 EXPENSES; FEES.
(a) The expenses for administering the certification
requirements including the complaint handling system for certified hearing
aid dispensers in sections 153A.14 and 153A.15 and the Consumer Information
Center under section 153A.18 must be paid from initial application and
examination fees, renewal fees, penalties, and fines. All fees are nonrefundable.
(b) The certificate application fee is $350, the
examination fee is $250 for the written portion and $250 for the practical
portion each time one or the other is taken, and the trainee application fee is
$200. The penalty fee for late
submission of a renewal application is $200.
The fee for verification of certification to other jurisdictions or
entities is $25. All fees are
nonrefundable.
(c) All fees, penalties, and fines received must be
deposited in the state government special revenue fund. The commissioner may prorate the
certification fee for new applicants based on the number of quarters remaining
in the annual certification period.
(d) The fees charged by the
commissioner must reflect the actual costs of administering the program under
paragraph (a). Fees must not be
increased to cover the costs associated with investigating allegations against
uncertified hearing aid dispensers.
Sec. 11. [156.011] LICENSE, APPLICATION, AND
EXAMINATION FEES.
Subdivision 1.
Application fee. A person applying for a license to
practice veterinary medicine in Minnesota or applying for a permit to take the
national veterinary medical examination must pay a $60 nonrefundable
application fee to the board. Persons
submitting concurrent applications for licensure and a national examination
permit shall pay only one application fee.
Subd. 2.
Examination fees. (a) An applicant for veterinary licensure
in Minnesota must successfully pass the Minnesota Veterinary Jurisprudence
Examination. The fee for this
examination is $60, payable to the board.
(b) An applicant participating in the
national veterinary licensing examination must complete a separate application
for the national examination and submit the application to the board for
approval. Payment for the national
examination must be made by the applicant to the national board examination
committee.
Sec. 12. [156.012] INITIAL AND RENEWAL FEE.
Subdivision 1.
Required for licensure. A person now licensed to practice
veterinary medicine in this state, or who becomes licensed by the Board of
Veterinary Medicine to engage in the practice, shall pay an initial fee or a
biennial license renewal fee if the person wishes to practice veterinary
medicine in the coming two-year period or remain licensed as a
veterinarian. A licensure period begins
on March 1 and expires the last day of February two years later. A licensee with an even-numbered license shall
renew by March 1 of even-numbered years and a licensee with an odd-numbered
license shall renew by March 1 of odd-numbered years.
Subd. 2.
Amount. The initial licensure fee and the biennial
renewal fee is $280 and must be paid to the executive director of the
board. By January 1 of the first year
for which the biennial renewal fee is due, the board shall issue a renewal
application to a current licensee to the last address maintained in the board
file. Failure to receive this notice
does not relieve the licensee of the obligation to pay renewal fees so that
they are received by the board on or before the renewal date of March 1.
Initial licenses issued after the
start of the licensure renewal period are valid only until the end of the
period.
Subd. 3.
Date due. A licensee must apply for a renewal
license on or before March 1 of the first year of the biennial license renewal
period. A renewal license is valid from
March 1 through the last day of February of the last year of the two-year
license renewal period. An application
postmarked no later than the last day of February must be considered to have
been received on March 1.
Subd. 4.
Late renewal penalty. An applicant for renewal must pay a late
renewal penalty of $140 in addition to the renewal fee if the application for
renewal is received after March 1 of the licensure renewal period. A renewed license issued after March 1 of the
licensure renewal period is valid only to the end of the period regardless of
when the renewal fee is received.
Subd. 5.
Reinstatement fee. An applicant for license renewal whose
license has previously been suspended by official board action for nonrenewal
must pay a reinstatement fee of $60 in addition to the $280 renewal fee and the
$140 late renewal penalty.
Subd. 6.
Penalty for failure to pay. Within 30 days after the renewal date, a
licensee who has not renewed the license must be notified by letter sent to the
last known address of the licensee in the file of the board that the renewal is
overdue and that failure to pay the current fee and current late fee within 60
days after the renewal date will result in suspension of the license. A second notice must be sent by registered or
certified mail at least seven days before a board meeting occurring 60 days or
more after the renewal date to a licensee who has not paid the renewal fee and
late fee.
Subd. 7.
Suspension. The board, by means of a roll call vote,
shall suspend the license of a licensee whose license renewal is at least 60
days overdue and to whom notification has been sent as provided in Minnesota
Rules, part 9100.0500, subpart 5.
Failure of a licensee to receive notification is not grounds for later
challenge by the licensee of the suspension.
The former licensee must be notified by registered or certified letter
within seven days of the board action.
The suspended status placed on a license may be removed only on payment
of renewal fees and late penalty fees for each licensure period or part of a
period that the license was not renewed.
A licensee who fails to renew a license for five years or more must meet
the criteria of section 156.071 for relicensure.
Subd. 8.
Inactive license. (a) A person holding a current active
license to practice veterinary medicine in Minnesota may, at the time of the
person's next biennial license renewal date, renew the license as an inactive
license at one-half the renewal fee of an active license. The license may be continued in an inactive
status by renewal on a biennial basis at one-half the regular license fee.
(b) A person holding an inactive
license is not permitted to practice veterinary medicine in Minnesota and
remains under the disciplinary authority of the board.
(c) A person may convert a current
inactive license to an active license upon application to and approval by the
board. The application must include:
(1) documentation of licensure in
good standing and of having met continuing education requirements of current
state of practice, or documentation of having met Minnesota continuing education
requirements retroactive to the date of licensure inactivation;
(2) certification by the applicant
that the applicant is not currently under disciplinary orders or investigation
for acts that could result in disciplinary action in any other jurisdiction;
and
(3) payment of a fee equal to the full
difference between an inactive and active license if converting during the
first year of the biennial license cycle or payment of a fee equal to one-half
the difference between an inactive and an active license if converting during
the second year of the license cycle.
(d) Deadline for renewal of an
inactive license is March 1 of the first year of the biennial license renewal
period. A late renewal penalty of
one-half the inactive renewal fee must be paid if renewal is received after
March 1.
Sec. 13.
Minnesota Statutes 2008, section 156.015, is amended to read:
156.015 MISCELLANEOUS
FEES.
Subdivision 1. Verification of licensure. The board may charge a fee of $25 per license
verification to a licensee for verification of licensure status provided to
other veterinary licensing boards.
Subd. 2. Continuing education review. The board may charge a fee of $50 per
submission to a sponsor for review and approval of individual continuing
education seminars, courses, wet labs, and lectures. This fee does not apply to continuing
education sponsors that already meet the criteria for preapproval under
Minnesota Rules, part 9100.1000, subpart 3, item A.
Subd. 3.
Temporary license fee. A person meeting the requirements for
issuance of a temporary permit to practice veterinary medicine under section
156.073, pending examination, who desires a temporary permit shall pay a fee of
$60 to the board.
Subd. 4.
Duplicate license. A person requesting issuance of a
duplicate or replacement license shall pay a fee of $15 to the board.
Subd. 5.
Mailing examination and
reference materials. An
applicant who resides outside the Twin Cities metropolitan area may request to
take the Minnesota Veterinary Jurisprudence Examination by mail. The fee for mailing the examination and
reference materials is $15.
Sec. 14. REPEALER.
(a) Minnesota Rules, parts 9100.0400,
subparts 1 and 3; 9100.0500; and 9100.0600, are repealed.
(b) Minnesota Statutes 2008, section
148D.180, subdivision 8, is repealed.
ARTICLE 13
HEALTH APPROPRIATIONS
Section 1.
HEALTH APPROPRIATION.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec.
2. COMMISSIONER
OF HEALTH
Subdivision
1. Total Appropriation $103,645,000 $98,574,000
Appropriations by Fund
2010 2011
General 60,670,000 55,310,000
State Government
Special Revenue 31,531,000 31,242,000
Federal TANF 11,733,000 11,733,000
Subd.
2. Community and Family Health Promotion
Appropriations by Fund
General 43,701,000 38,441,000
State Government
Special Revenue 1,033,000 1,322,000
Federal TANF 11,733,000 11,733,000
Support Services for Families With Children Who are Deaf or Have Hearing Loss. Of the state government special revenue
fund amount,
$18,000 in fiscal year 2010 and $271,000 in fiscal year 2011 is for support
services to families with children who are deaf or have hearing loss. Of this amount, in fiscal year 2011, $198,000
is for grants and the balance is for administrative costs. Base funding in fiscal years 2012 and 2013 is
$288,000 each year. Of this amount,
$215,000 each year is for grants and the balance is for administrative costs.
Funding Usage. Up to 75 percent
of the fiscal year 2012 appropriation for local public health grants may be
used to fund calendar year 2011 allocations for this program. The general fund reduction of $5,060,000 in
fiscal year 2011 for local public health grants is onetime and the base funding
for local public health grants for fiscal year 2012 is increased by $5,060,000.
Grants Reduction. Effective July 1,
2009, base-level funding for general fund community and family health grants
issued under this paragraph shall be reduced by 2.55 percent at the allotment
level.
Effective July 1, 2011, base-level
funding for general fund community and family health grants issued under this
paragraph shall be reduced by 5.5 percent at the allotment level.
Colorectal Screening. $100,000 in
fiscal year 2010 is for grants to the Hennepin County Medical Center and
MeritCare Bemidji for colorectal screening demonstration projects.
Women's Heart Health Pilot Project.
$100,000 in fiscal year 2010 is for the women's heart health pilot
project. This is a onetime appropriation
and is available until expended.
TANF Appropriations. (1)
$1,156,000 of the TANF funds are appropriated each year to the commissioner for
family planning grants under Minnesota Statutes, section 145.925.
(2) $3,579,000 of the TANF funds are
appropriated each year to the commissioner for home visiting and nutritional
services listed under Minnesota Statutes, section 145.882, subdivision 7,
clauses (6) and (7). Funds must be
distributed to community health boards according to Minnesota Statutes, section
145A.131, subdivision 1.
(3) $2,000,000 of the TANF funds are
appropriated each year to the commissioner for decreasing racial and ethnic
disparities in infant mortality rates under Minnesota Statutes, section
145.928, subdivision 7.
(4) $4,998,000 of the TANF funds are
appropriated each year to the commissioner for the family home visiting grant
program according to Minnesota Statutes, section 145A.17. $4,000,000 of the
funding must be distributed to community health boards according to Minnesota
Statutes, section 145A.131, subdivision 1. $998,000 of the funding must be
distributed to tribal governments according to Minnesota Statutes, section
145A.14, subdivision 2a. The
commissioner may use five percent of the funds appropriated each fiscal year to
conduct the ongoing evaluations required under Minnesota Statutes, section
145A.17, subdivision 7, and may use ten percent of the funds appropriated each
fiscal year to provide training and technical assistance as required under Minnesota
Statutes, section 145A.17, subdivisions 4 and 5.
TANF Carryforward. Any unexpended
balance of the TANF appropriation in the first year of the biennium does not
cancel but is available for the second year.
Subd.
3. Policy, Quality, and Compliance 100,000 0
Rural Pharmacy Planning.
$100,000 in fiscal year 2010 is for the rural pharmacy planning and
transition grant program under Minnesota Statutes, section 144.1476. The appropriation is available until
expended.
Subd.
4. Health Protection
Appropriations by Fund
General 9,679,000 9,679,000
State Government
Special Revenue 30,209,000 30,209,000
Grants Reduction. Effective July 1,
2009, base-level funding for general fund health protection grants issued under
this paragraph shall be reduced by 2.55 percent at the allotment level. Effective July 1, 2011, base-level funding
for general fund health protection grants issued under this paragraph shall be
reduced by 5.5 percent at the allotment level.
Session Laws Adjustment. (a) $163,000 each year is for the lead
abatement grant program. This adjustment
is onetime.
(b) $100,000 each year is for
emergency preparedness and response activities.
This adjustment is onetime. Of
this amount, $50,000 each year is for tuberculosis prevention and control.
Subd.
5. Administrative Support Services 7,190,000 7,190,000
Sec.
3. HEALTH-RELATED
BOARDS
Subdivision
1. Total Appropriation $14,753,000 $15,036,000
This appropriation is from the state
government special revenue fund.
Transfer From Special Revenue Fund.
During the fiscal year beginning July 1, 2011, the commissioner of
finance shall transfer $10,000,000 from the state government special revenue
fund to the general fund. The boards
must allocate this reduction to boards carrying a positive balance as of July
1, 2011.
The amounts that may be spent for
each purpose are specified in the following subdivisions.
Subd.
2. Board of Chiropractic Examiners 492,000 509,000
Subd.
3. Board of Dentistry 1,100,000 1,136,000
Subd.
4. Board of Dietetic and Nutrition Practice 105,000 105,000
Subd.
5. Board of Marriage and Family Therapy 159,000 167,000
Subd.
6. Board of Medical Practice 3,682,000 3,682,000
Subd.
7. Board of Nursing 3,368,000 3,521,000
Subd.
8. Board of Nursing Home Administrators 1,358,000 1,262,000
Administrative Services Unit - Operating Costs. Of this appropriation, $524,000 in fiscal
year 2010 and $526,000 in fiscal year 2011 are for operating costs of the
administrative services unit. The
administrative services unit may receive and expend reimbursements for services
performed by other agencies.
Administrative Services Unit - Retirement Costs. Of this appropriation in fiscal year 2010,
$201,000 is for onetime retirement costs in the health-related boards. This funding may be transferred to the health
boards incurring those costs for their payment.
These funds are available either year of the biennium.
Administrative Services Unit - Volunteer Health Care Provider
Program. Of this appropriation, $79,000 in fiscal
year 2010 and $89,000 in fiscal year 2011 are to pay for medical professional
liability coverage required under Minnesota Statutes, section 214.40.
Administrative Services Unit - Contested Cases and Other
Legal Proceedings. Of this appropriation,
$200,000 in fiscal year 2010 and $200,000 in fiscal year 2011 are for costs of
contested case hearings and other unanticipated costs of legal proceedings
involving health-related boards funded under this section. Upon certification of a health-related board
to the administrative services unit that the costs will be incurred and that
there is insufficient money available to pay for the costs out of money
currently available to that board, the administrative services unit is
authorized to transfer money from this appropriation to the board for payment
of those costs with the approval of the commissioner of finance. This appropriation does not cancel. Any unencumbered and unspent balances remain
available for these expenditures in subsequent fiscal years.
Subd.
9. Board of Optometry 105,000 108,000
Subd.
10. Board of Pharmacy 1,509,000 1,579,000
Subd.
11. Board of Physical Therapy 346,000 356,000
Subd.
12. Board of Podiatry 61,000 64,000
Subd.
13. Board of Psychology 876,000 907,000
Subd.
14. Board of Social Work 958,000 996,000
Subd.
15. Board of Veterinary Medicine 240,000 250,000
Subd.
16. Board of Behavioral Health and Therapy 394,000 394,000
Sec.
4. EMERGENCY
MEDICAL SERVICES BOARD $4,024,000 $4,054,000
Appropriations by Fund
2010 2011
General
3,288,000 3,288,000
State Government
Special Revenue 736,000 766,000
Cooper/Sams Volunteer
Ambulance Trust 625,000 0
Longevity Award and Incentive Program. Of the general fund appropriation, $700,000
in fiscal year 2010 and $700,000 in fiscal year 2011 are to the board for the
ambulance service personnel longevity award and incentive program, under
Minnesota Statutes, section 144E.40.
Transfer. In fiscal year
2010, $626,000 is transferred from the Cooper/Sams volunteer ambulance trust,
established under Minnesota Statutes, section 144E.42, to the general fund.
Health Professional Services Program. $736,000 in fiscal year 2010 and $766,000
in fiscal year 2011 from the state government special revenue fund are for the
health professional services program.
Regional Medical Services Program.
(a) $400,000 in the first year is transferred from the Cooper/Sams
volunteer ambulance trust to the emergency medical services system fund.
(b) $400,000 in the first year from
the emergency medical services system fund is for the regional emergency
medical services programs. This amount
shall be distributed equally to the eight emergency medical service regions. Notwithstanding Minnesota Statutes, section
144E.50, 100 percent of the appropriation shall be passed on to the emergency
medical service regions.
Comprehensive Advanced Life-Support Educational (CALS)
Program. $100,000 in the first year from the Cooper/Sams
volunteer ambulance trust is for the comprehensive advanced life-support
educational (CALS) program established under Minnesota Statutes, section
144E.37. This appropriation is to extend
availability and affordability of the CALS program for rural emergency medical
personnel and to assist hospital staff in attaining the credentialing levels
necessary for implementation of the statewide trauma system.
Emergency Medical Services for Children (EMS-C) Program. $25,000 in the first year from
the Cooper/Sams volunteer ambulance trust is for the emergency medical services
for children (EMS-C) program. This
appropriation is to meet increased need for medical training specific to
pediatric emergencies.
Sec.
5. DEPARTMENT
OF VETERANS AFFAIRS $200,000 $0
Veterans Paramedic Apprenticeship Program. $200,000 in the first year is from the
Cooper/Sams volunteer ambulance trust to the commissioner of veterans affairs
for a grant to the Minnesota Ambulance Association to implement a veterans
paramedic apprenticeship program to reintegrate returning military medics into
Minnesota's workforce in the field of paramedic and emergency services, thereby
guaranteeing returning military medics gainful employment with livable wages
and benefits. This appropriation is
available until expended.
Sec.
6. DEPARTMENT
OF PUBLIC SAFETY $250,000 $0
Medical Response Unit Reimbursement Pilot Program. (a) $250,000 in the first year is from the
Cooper/Sams volunteer ambulance trust to the Department of Public Safety for a
medical response unit reimbursement pilot program. Of this appropriation, $75,000 is for
administrative costs to the Department of Public Safety, including providing
contract staff support and technical assistance to the pilot program partners
if necessary.
(b) Of the amount in paragraph (a),
$175,000 is to the Department of Public Safety to be used to provide a
predetermined reimbursement amount to the participating medical response
units. The Department of Public Safety
or its contract designee will develop an agreement with the medical response
units outlining reimbursement and program requirements to include HIPAA
compliance while participating in the pilot program.
Sec.
7. COUNCIL
ON DISABILITY $524,000 $524,000
Sec.
8. OMBUDSMAN
FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES $1,655,000 $1,580,000
Sec.
9. OMBUDSPERSON
FOR FAMILIES $265,000 $265,000
Sec.
10. FEDERAL
STIMULUS FUNDS; REPORT.
By February 15, 2010, the
commissioner of health shall submit to the chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over
public health and public safety finance a report on how funds from the American
Recovery and Reinvestment Act of 2009 are used: (1) to support advancing the objectives of the
Minnesota Department of Health's Sexual Violence Prevention Plan; and (2) to
support any pilot programs that might demonstrate and evaluate how use of community-based
prevention grants might serve as a model for future investment of state
resources to help advance the department's Sexual Violence Prevention Plan.
ARTICLE 14
HUMAN SERVICES APPROPRIATIONS
Section 1. EMERGENCY
SERVICES SHELTER GRANTS FROM AMERICAN RECOVERY AND REINVESTMENT ACT.
To the extent permitted under federal
law, the commissioner of human services, when determining the uses of the
emergency services shelter grants provided under the American Recovery and
Reinvestment Act, shall give priority to programs that serve the following:
(1) homeless youth;
(2) American Indian women who are
victims of trafficking;
(3) high-risk adult males considered
to be very likely to enter or reenter state or county correctional programs, or
chemical and mental health programs;
(4) battered women; and
(5) families affected by foreclosure.
Sec. 2. HUMAN SERVICES APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 3. HUMAN
SERVICES
Subdivision
1. Total Appropriation $15,993,000 $14,990,000
Appropriations by Fund
2010 2011
General 10,993,000 14,990,000
Federal Fiscal
Stabilization Account 5,000,000 0
Subd.
2. Other Children and Economic Assistance Grants 15,993,000 14,990,000
Federal Funding. $5,000,000 in
fiscal year 2010 is from the federal fiscal stabilization account.
Homeless and Runaway Youth. $238,000 in fiscal year 2010 is for the
Runaway and Homeless Youth Act under Minnesota Statutes, section 256K.45. Funds shall be spent in each area of the
continuum of care to ensure that programs are meeting the greatest need. Any unexpended balance in the first year is
available in the second year. Beginning
July 1, 2011, the base is increased by $119,000 each year.
Foodshelf Programs. $275,000 in fiscal year 2010 is for foodshelf programs under
Minnesota Statutes, section 256E.34.
This is a onetime appropriation and is available until expended. This appropriation is to complement the
federal funding under the American Recovery and Reinvestment Act.
Supportive Housing Services. $1,500,000 each year is for supportive
services under Minnesota Statutes, section 256K.26. This is a onetime appropriation. Beginning in fiscal year 2012, the base is
increased by $68,000 per year.
Community Action Grants.
Community action grants are reduced one time by $1,764,000 each
year. This reduction is due to the
availability of federal funds under the American Recovery and Reinvestment Act.
ARTICLE 15
HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1.
SUMMARY OF APPROPRIATIONS;
DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT.
The dollar amounts shown are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2008, chapter 363,
from the general fund, or any other fund named, to the Department of Human
Services for the purposes specified in this article, to be available for the
fiscal year indicated for each purpose.
The figure "2009" used in this article means that the
appropriation or appropriations listed are available for the fiscal year ending
June 30, 2009. Supplemental appropriations
and reductions to appropriations for the fiscal year ending June 30, 2009, are
effective the day following final enactment.
Sec.
2. COMMISSIONER
OF HUMAN SERVICES
Subdivision
1. Total Appropriation $(478,994,000)
Appropriations by Fund
2009
General (445,130,000)
Health Care Access (19,460,000)
Federal TANF (14,404,000)
Subd.
2. Revenue and Pass-Through
Federal TANF 1,107,000
Subd.
3. Children and Economic Assistance Grants
General 27,002,000
Federal TANF (16,211,000)
Total 10,791,000
The amounts that may be spent from
this appropriation for each purpose are as follows:
(a) MFIP/DWP
Grants
General 17,530,000
Federal TANF (16,211,000)
(b) MFIP Child
Care Assistance Grants 4,933,000
(c) General
Assistance Grants 1,458,000
(d) Minnesota
Supplemental Aid Grants 513,000
(e) Group
Residential Housing Grants 2,568,000
Subd.
4. Basic Health Care Grants
General (224,341,000)
Health Care Access (19,460,000)
Total (243,801,000)
The amounts that may be spent from
this appropriation for each purpose are as follows:
(a) MinnesotaCare
Health Care Access (19,460,000)
(b) MA Basic
Health Care - Families and Children (100,055,000)
(c) MA Basic
Health Care - Elderly and Disabled (136,795,000)
(d) General
Assistance Medical Care 12,539,000
Subd.
5. Continuing Care Grants (247,791,000)
The amounts that may be spent from
this appropriation for each purpose are as follows:
(a) MA Long-Term
Care Facilities (59,204,000)
(b) MA Long-Term
Care Waivers (168,927,000)
(c) Chemical
Dependency Entitlement Grants (19,660,000)
ARTICLE 16
HEALTH AND HUMAN SERVICES
APPROPRIATIONS
Section 1.
SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations by fund made in this article.
2010 2011 Total
General $4,276,443,000 $5,150,311,000 $9,426,754,000
State Government Special Revenue 15,488,000 14,841,000 30,329,000
Health Care Access 463,239,000 560,223,000 1,023,462,000
Federal TANF 276,848,000 257,526,000 534,374,000
Lottery Prize 1,665,000 1,665,000 3,330,000
Federal Fund 99,800,000 0 99,800,000
Total $5,133,483,000 $5,984,566,000 $11,118,049,000
Sec. 2. HEALTH AND HUMAN SERVICES APPROPRIATION.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010
and 2011. Appropriations from the
federal fund are from money received under the American Reinvestment and
Recovery Act of 2009, Public Law 111-5, unless otherwise specified. Appropriations for the fiscal year ending
June 30, 2009, are effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 3. HUMAN
SERVICES
Subdivision 1.
Total Appropriation $5,083,386,000 $5,950,114,000
Appropriations by Fund
2010 2011
General 4,263,602,000 5,141,510,000
State Government
Special Revenue 1,315,000 565,000
Health Care Access 450,156,000 548,848,000
Federal TANF 276,848,000 257,526,000
Lottery Prize 1,665,000 1,665,000
Federal Fund 89,800,000 0
Receipts for Systems Projects. Appropriations and federal receipts for
information systems projects for MAXIS, PRISM, MMIS, and SSIS must be deposited
in the state system account authorized in Minnesota Statutes, section 256.014. Money appropriated for computer projects
approved by the Minnesota Office of Enterprise Technology, 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.
Nonfederal Share Transfers. The nonfederal share of activities for
which federal administrative reimbursement is appropriated to the commissioner
may be transferred to the special revenue fund.
TANF Maintenance of Effort.
(a) In order to meet the basic
maintenance of effort (MOE) requirements of the TANF block grant specified
under Code of Federal Regulations, title 45, section 263.1, the commissioner
may only report nonfederal money expended for allowable activities listed in
the following clauses as TANF/MOE expenditures:
(1) MFIP cash, diversionary work
program, and food assistance benefits under Minnesota Statutes, chapter 256J;
(2) the child care assistance
programs under Minnesota Statutes, sections 119B.03 and 119B.05, and county
child care administrative costs under Minnesota Statutes, section 119B.15;
(3) state and county MFIP
administrative costs under Minnesota Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota Statutes, chapters 256J and 256K;
(5) expenditures made on behalf of noncitizen
MFIP recipients who qualify for the medical assistance without federal
financial participation program under Minnesota Statutes, section 256B.06,
subdivision 4, paragraphs (d), (e), and (j); and
(6) qualifying working family credit
expenditures under Minnesota Statutes, section 290.0671.
(b) The commissioner shall ensure
that sufficient qualified nonfederal expenditures are made each year to meet
the state's TANF/MOE requirements. For
the activities listed in paragraph (a), clauses (2) to (6), the commissioner
may only report expenditures that are excluded from the definition of
assistance under Code of Federal Regulations, title 45, section 260.31.
(c) For fiscal years beginning with
state fiscal year 2003, the commissioner shall ensure that the maintenance of
effort used by the commissioner of finance for the February and November
forecasts required under Minnesota Statutes, section 16A.103, contains
expenditures under paragraph (a), clause (1), equal to at least 16 percent of
the total required under Code of Federal Regulations, title 45, section 263.1.
(d) For the federal fiscal year
beginning October 1, 2007, the commissioner may not claim an amount of TANF/MOE
in excess of the 75 percent standard in Code of Federal Regulations, title 45, section
263.1(a)(2), except:
(1) to the extent necessary to meet
the 80 percent standard under Code of Federal Regulations, title 45, section
263.1(a)(1), if it is determined by the commissioner that the state will not
meet the TANF work participation target rate for the current year;
(2) to provide any additional amounts
under Code of Federal Regulations, title 45, section 264.5, that relate to
replacement of TANF funds due to the operation of TANF penalties; and
(3) to provide any additional amounts
that may contribute to avoiding or reducing TANF work participation penalties
through the operation of the excess MOE provisions of Code of Federal
Regulations, title 45, section 261.43(a)(2).
For the purposes of clauses (1) to
(3), the commissioner may supplement the MOE claim with working family credit
expenditures to the extent such expenditures or other qualified expenditures
are otherwise available after considering the expenditures allowed in this
section.
(e) Minnesota Statutes, section
256.011, subdivision 3, which requires that federal grants or aids secured or
obtained under that subdivision be used to reduce any direct appropriations
provided by law, do not apply if the grants or aids are federal TANF funds.
(f) Notwithstanding any contrary provision
in this article, this provision expires June 30, 2013.
Working Family Credit Expenditures as TANF/MOE. The commissioner may claim as TANF/MOE up
to $6,707,000 per year for fiscal year 2010 through fiscal year 2011.
Working Family Credit Expenditures to be Claimed for TANF/MOE. The commissioner may count the following
amounts of
working family credit expenditure as TANF/MOE:
(1) fiscal year 2010, $6,707,000;
(2) fiscal year 2011, $32,387,000;
(3) fiscal year 2012, $38,052,000;
and
(4) fiscal year 2013, $42,555,000.
Notwithstanding any contrary
provision in this article, this rider expires June 30, 2013.
TANF Transfer to Federal Child Care and Development Fund. The following TANF fund amounts are
appropriated to the commissioner for the purposes of MFIP and transition year
child care under Minnesota Statutes, section 119B.05:
(1) fiscal year 2010, $0;
(2) fiscal year 2011, $25,680,000;
(3) fiscal year 2012, $31,345,000;
and
(4) fiscal year 2013, $35,848,000.
The commissioner shall authorize the
transfer of sufficient TANF funds to the federal child care and development
fund to meet this appropriation and shall ensure that all transferred funds are
expended according to federal child care and development fund regulations. The transferred funds shall be used to offset
any general fund reductions to MFIP child care in this article.
Child Care and Development Fund Unexpended Balance. The commissioner shall determine the
unexpended balance of the federal Child Care and Development Fund (CCDF) for
the basic sliding fee child care program by February 28, 2009. The balance
must first be used to fund programs
described in paragraph (b) and the remainder must be available for the basic
sliding fee child care under Minnesota Statutes, section 119B.03.
Food Stamps Employment and Training. Notwithstanding Minnesota Statutes,
sections 256J.626 and 256D.051, subdivisions 1a, 6b, and 6c, federal food
stamps employment and training funds received as reimbursement of MFIP
consolidated fund grant expenditures and child care assistance program
expenditures for two-parent families must be deposited in the general
fund. The amount of funds must be
limited to $3,400,000 in fiscal year 2010 and $4,400,000 in fiscal years 2011
through 2013, contingent on approval by the federal Food and Nutrition
Service. Consistent with the receipt of
these federal funds, the commissioner may adjust the level of working family
credit expenditures claimed as TANF maintenance of effort. Notwithstanding any contrary provision in
this article, this rider expires June 30, 2013.
Emergency Fund for the TANF Program. TANF Emergency Contingency funds
available under the American Recovery and Reinvestment Act of 2009 (Public Law
111-5) are appropriated to the commissioner.
The commissioner must request TANF Emergency Contingency funds from the
Secretary of the Department of Health and Human Services to the extent the
commissioner meets or expects to meet the requirements of section 403(c) of the
Social Security Act. The commissioner
must seek to maximize such grants. The
funds received must be used as appropriated.
Subd.
2. Agency Management
The amounts that may be spent from the
appropriation for each purpose are as follows:
(a) Financial Operations
Appropriations by Fund
General 3,380,000 3,908,000
Health Care Access 1,241,000 1,016,000
Federal TANF 122,000 122,000
(b) Legal and Regulatory Operations
Appropriations by Fund
General 13,710,000 13,495,000
State Government
Special Revenue 440,000 440,000
Health Care Access 943,000 943,000
Federal TANF 100,000 100,000
Base Adjustment. The general fund
base is decreased $4,550,000 in fiscal year 2012 and $4,550,000 in fiscal year
2013. The state government special
revenue fund base is increased $4,500,000 in fiscal year 2012 and $4,500,000 in
fiscal year 2013.
(c) Management Operations
Appropriations by Fund
General 4,715,000 4,715,000
Health Care Access 242,000 242,000
(d) Information Technology Operations
Appropriations by Fund
General 28,077,000 28,077,000
Health Care Access 4,856,000 4,868,000
Subd.
3. Revenue and Pass-Through Revenue Expenditures 65,746,000 92,748,000
This appropriation is from the federal
TANF fund.
Subd.
4. Children and Economic Assistance Grants
The amounts that may be spent from
this appropriation for each purpose are as follows:
(a) MFIP/DWP Grants
Appropriations by Fund
General 68,634,000 98,587,000
Federal TANF 96,333,000 64,709,000
(b) Support Services Grants
Appropriations by Fund
General 8,715,000 8,715,000
Federal TANF 113,711,000 99,111,000
MFIP Consolidated Fund. The MFIP
consolidated fund TANF appropriation is reduced by $5,500,000 in fiscal year
2011.
TANF Emergency Fund; Nonrecurrent Short-Term Benefits. TANF Emergency Contingency fund grants received due to
increases in expenditures for nonrecurrent short-term benefits must be used to
offset the increase in these expenditures for counties under the MFIP
consolidated fund under Minnesota Statutes, section 256J.626, and the
diversionary work program. The
commissioner shall develop procedures to maximize reimbursement of these
expenditures over the TANF emergency fund base year quarters.
(c) MFIP Child Care Assistance Grants 0 (25,680,000)
ARRA Child Care and Development Block Grant Funds. The funds available from the child care
development block grant under the American Recovery and Reinvestment Act of
2009 (ARRA) must be used for MFIP child care to the extent that those funds are
not earmarked for quality expansion or to improve the quality of infant and
toddler care.
(d) Child Care Development Grants 4,000 4,000
(e) Child Support Enforcement Grants 3,705,000 3,705,000
(f) Children's Services Grants
Appropriations by Fund
General 47,533,000 50,498,000
Federal TANF 340,000 240,000
Base Adjustment. The general fund
base is increased by $3,094,000 in fiscal year 2012 and $18,907,000 in fiscal
year 2013.
Privatized Adoption Grants. Federal reimbursement for privatized
adoption grant and foster care recruitment grant expenditures is appropriated
to the commissioner for adoption grants and foster care and adoption
administrative purposes.
Adoption Assistance Incentive Grants. Federal funds available during fiscal year
2010 and fiscal year 2011 for the adoption incentive grants are appropriated to
the commissioner for these purposes.
Adoption Assistance and Relative Custody Assistance. The commissioner may transfer unencumbered
appropriation balances for adoption assistance and relative custody assistance
between fiscal years and between programs.
(g) Children and Community Services Grants 67,604,000 67,463,000
Targeted Case Management Temporary Funding Adjustment. The commissioner shall recover from
each county and tribe receiving a targeted case management temporary funding
payment in fiscal year 2008 an amount equal to that payment. The commissioner shall recover one-half of
the funds by February 1, 2010, and the remainder by February 1, 2011. At the commissioner's discretion and at the
request of a county or tribe, the commissioner may revise the payment schedule,
but full payment must not be delayed beyond May 1, 2011. The commissioner may use the recovery
procedure under Minnesota Statutes, section 256.017, to recover the funds. Recovered funds must be deposited into the
general fund.
(h) General Assistance Grants 49,315,000 49,708,000
General Assistance 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 parents or a
legal guardian at $203. The commissioner
may reduce this amount according to Laws 1997, chapter 85, article 3, section
54.
Combining Emergency Assistance for MSA and GA. The amount appropriated for emergency
general assistance funds is limited to no more than $8,989,812 in fiscal year
2010 and $8,989,812 in fiscal year 2011.
Funds to counties must be allocated by the commissioner using the
allocation method specified in Minnesota Statutes, section 256D.06.
(i) Minnesota Supplemental Aid Grants 32,830,000 34,091,000
(j) Group Residential Housing Grants 111,689,000 113,937,000
(k) Other Children and Economic Assistance Grants 285,000 569,000
(l) Children's Mental Health Grants 16,885,000 16,882,000
Funding Usage. Up to 75 percent of
a fiscal year's appropriation for children's mental health grants may be used
to fund allocations in that portion of the fiscal year ending December 31.
Subd.
5. Children and Economic Assistance Management
The amounts that may be spent from the
appropriation for each purpose are as follows:
(a) Children and Economic Assistance Administration
Appropriations by Fund
General 10,218,000 10,208,000
Federal TANF 496,000 496,000
(b) Children and Economic Assistance Operations
Appropriations by Fund
General 33,773,000 33,423,000
Health Care Access 361,000 361,000
Financial Institution Data Match and Payment of Fees. The commissioner is authorized to allocate
up to $310,000 each year in fiscal years 2010 and 2011 from the PRISM special
revenue account to make payments to financial institutions in exchange for
performing data matches between account information held by financial
institutions and the public authority's database of child support obligors as
authorized by Minnesota Statutes, section 13B.06, subdivision 7.
Subd.
6. Basic Health Care Grants
ARRA Food Support Administration. The funds available for food support
administration under American Recovery and Reinvestment Act of 2009 must be
appropriated to the commissioner for implementing the food support benefit
increases, increased eligibility determinations and outreach. Of these funds, 20 percent shall be allocated
to the commissioner and 80 percent must be allocated to counties. The commissioner shall reimburse counties
proportionate to their food support caseload based on data for the most recent
quarter available. Tribal reimbursement
must be made from the state portion based on a caseload factor equivalent to that
of a county.
The amounts that may be spent from
this appropriation for each purpose are as follows:
(a) MinnesotaCare Grants 414,258,000 513,994,000
This appropriation is from the health
care access fund.
(b) MA Basic Health Care Grants - Families and Children 755,064,000 1,002,267,000
Medical Education Research Costs
(MERC). Of these
funds, the
commissioner of human services shall transfer $38,000,000 in fiscal year 2010
to the medical education research fund.
These funds must restore the fiscal year 2009 unallotment of the
transfers under Minnesota Statutes, section 256B.69, subdivision 5c, paragraph
(a), for the July 1, 2008, through June 30, 2009, period.
Local Share Payment Modification Required for ARRA
Compliance. Effective retroactively from October 1,
2008, to June 30, 2009, the state shall reduce Hennepin County's monthly
contribution to the nonfederal share of medical assistance costs to
the percentage required on September
1, 2008, to meet federal requirements for enhanced federal match under the
American Reinvestment and Recovery Act of 2009.
Notwithstanding the requirements of Minnesota Statutes 2008, section
256B.19, subdivision 1c, paragraph (d), for the period beginning October 1,
2008, to June 30, 2009, Hennepin County's monthly payment under that provision
is reduced to $434,688.
Capitation Payments. Effective
retroactively from October 1, 2008, to December 31, 2010, and notwithstanding
the requirements of Minnesota Statutes 2008, section 256B.19, subdivision 1c,
paragraph (c), the commissioner of human services shall increase capitation
payments made to the Metropolitan Health Plan under Minnesota Statutes 2008,
section 256B.69, by $6,800,000 to recognize higher than average medical
education costs. The increased amount
includes federal matching money.
(c) MA Basic Health Care Grants - Elderly and Disabled 969,013,000 1,177,139,000
Minnesota Disability Health Options. Notwithstanding Minnesota Statutes,
section 256B.69, subdivision 5a, paragraph (b), for the period beginning July
1, 2009, to June 30, 2011, the monthly enrollment of people receiving home and
community-based waivered services under Minnesota Disability Health Options
shall not exceed 1,000. If the budget
neutrality provision in Minnesota Statutes, section 256B.69, subdivision 23,
paragraph (f), is reached prior to June 30, 2011, the commissioner may waive
this monthly enrollment requirement.
(d) General Assistance Medical Care Grants
Appropriations by Fund
General 252,061,000 380,555,000
Federal 99,300,000 0
Use of Federal Funds. $99,300,000
in fiscal year 2010 is appropriated from the fiscal stabilization funds in the
federal fund. This is a onetime
appropriation.
(e) Other Health Care Grants
Appropriations by Fund
General 295,000 295,000
Health Care Access 940,000 190,000
Subd.
7. Health Care Management
The amounts that may be spent from
the appropriation for each purpose are as follows:
(a) Health Care Administration
Appropriations by Fund
General 7,779,000 7,535,000
Health Care Access 1,812,000 906,000
(b) Health Care Operations
Appropriations by Fund
General 19,902,000 18,869,000
Health Care Access 24,753,000 25,578,000
Base Adjustment. The health care
access fund base is decreased by $62,000 in fiscal year 2012 and $149,000 in
fiscal year 2013. The general fund base
is decreased by $157,000 in fiscal year 2012 and $157,000 in fiscal year 2013.
Subd.
8. Continuing Care Grants
The amounts that may be spent from
the appropriation for each purpose are as follows:
(a) Aging and Adult Services Grants
Appropriations by Fund
General 13,186,000 13,702,000
Federal 500,000 0
Base Adjustment. The general fund
base is increased by $6,643,000 in fiscal year 2012 and $7,511,000 in fiscal
year 2013.
Information and Assistance Reimbursement. Federal administrative reimbursement
obtained from information and assistance services provided by the Senior
LinkAge or Disability Linkage lines to people who are identified as eligible
for medical assistance shall be appropriated to the commissioner for this
activity.
Community Service Development Grant Reduction. Funding for community service development
grants must be reduced by $240,000 per year for fiscal years 2010 and
2011. This reduction shall not adjust
the base appropriation.
Senior Nutrition Use of Federal Funds. For fiscal year 2010, general fund grants
for home-delivered meals shall be reduced by $250,000 and general fund grants
for congregate dining shall be reduced by $250,000. The commissioner must replace these general
fund reductions with equal amounts from federal funding for senior nutrition
from the American Recovery and Reinvestment Act of 2009.
(b) Alternative Care Grants 51,165,000 50,976,000
Base Adjustment. The general fund
base is decreased by $6,068,000 in fiscal year 2012 and $6,449,000 in fiscal
year 2013.
Alternative Care Transfer. Any money allocated to the alternative care
program that is not spent for the purposes indicated does not cancel but must
be transferred to the medical assistance account.
(c) Medical Assistance Grants; Long-Term Care Facilities. 366,293,000 426,549,000
(d) Medical Assistance Long-Term Care
Waivers and Home Care Grants 853,824,000 1,054,067,000
Manage Growth in TBI and CADI Waivers. During the fiscal years beginning on July
1, 2011, and July 1, 2012, the commissioner shall allocate money for home and
community-based waiver programs under Minnesota Statutes, section 256B.49, to
ensure a reduction in state spending that is equivalent to limiting the
caseload growth of the TBI waiver to 12.5 allocations per month each year of
the biennium and the CADI waiver to 95 allocations per month each year of the
biennium. Limits do not apply: (1) when there is an approved plan for nursing
facility bed closures for individuals under age 65 who require relocation due
to the bed closure; (2) to fiscal year 2009 waiver allocations delayed due to
unallotment; or (3) to transfers authorized by the commissioner from the
personal care assistance program of individuals having a home care rating of
"CS," "MT," or "HL." Priorities for the allocation
of funds must be for individuals anticipated to be discharged from
institutional settings or who are at imminent risk of a placement in an
institutional setting.
Manage Growth in DD Waiver. The commissioner shall manage the growth in
the DD waiver by limiting the allocations included in the February 2009
forecast to 15 additional diversion allocations each month for the calendar
years that begin on January 1, 2012, and January 1, 2013. Additional allocations must be made available
for transfers authorized by the commissioner from the personal care program of
individuals having a home care rating of "CS," "MT," or
"HL."
Adjustment to Lead Agency Waiver allocations. Prior to the availability of the
alternative license defined in Minnesota Statutes, section 245A.11, subdivision
8, the commissioner shall reduce lead agency waiver allocations for the
purposes of implementing a moratorium on corporate foster care.
(e) Mental Health Grants
Appropriations by Fund
General 75,089,000 77,539,000
Health Care Access 750,000 750,000
Lottery Prize 1,508,000 1,508,000
Funding Usage. Up to 75 percent of
a fiscal year's appropriation for adult mental health grants may be used to
fund allocations in that portion of the fiscal year ending December 31.
Base Adjustment. The general fund base
is reduced by $525,000 in fiscal year 2012 and $525,000 is fiscal year 2013.
(f) Deaf and Hard-of-Hearing Grants 1,924,000 1,909,000
(g) Chemical Dependency Entitlement Grants 109,989,000 120,133,000
Payments for Substance Abuse Treatment. For services provided in fiscal years
2010 and 2011, county-negotiated rates and provider claims to the consolidated
chemical dependency fund must not exceed rates charged for services in excess
of those in effect on January 1, 2009.
If statutes authorize a cost-of-living adjustment during fiscal years
2010 and 2011, then notwithstanding any law to the contrary, fiscal years 2010
and 2011 rates must not exceed those in effect on January 2, 2009, plus any
authorized cost-of-living adjustments.
Chemical Dependency Special Revenue Account. For fiscal year 2010, $750,000 must be
transferred from the consolidated chemical dependency treatment fund
administrative account and deposited into the general fund by September 1,
2010.
(h) Chemical Dependency Nonentitlement Grants 1,729,000 1,729,000
(i) Other Continuing Care Grants 17,958,000 11,941,000
Base Adjustment. The general fund
base is increased $424,000 in fiscal year 2012 and decreased $505,000 in fiscal
year 2013.
Other Continuing Care Grants; HIV Grants. Money appropriated for the HIV drug
and insurance grant program in fiscal year 2010 may be used in either year of
the biennium.
Subd.
9. Continuing Care Management
Appropriations by Fund
General 21,775,000 21,119,000
State Government
Special Revenue 875,000 125,000
Lottery Prize 157,000 157,000
County Maintenance of Effort. $350,000 in fiscal year 2010 is from the
general fund for the State-County Results Accountability and Service Delivery
Reform under Minnesota Statutes, chapter 402A.
The general fund base is increased
$1,000,000 in fiscal year 2012 and $950,000 in fiscal year 2013.
Subd.
10. State-Operated Services 255,484,000 262,881,000
The amounts that may be spent from
the appropriation for each purpose are as follows:
Transfer Authority Related to State-Operated Services. Money appropriated to finance
state-operated services may be transferred between the fiscal years of the
biennium with the approval of the commissioner of finance.
County Past Due Receivables. The commissioner is authorized to withhold
county federal administrative reimbursement when the county of financial
responsibility for cost-of-care payments due the state under Minnesota
Statutes, section 246.54 or 253B.045, is 90 days past due. The commissioner shall deposit the withheld
federal administrative earnings for the county into the general fund to settle
the claims with the county of financial responsibility. The process for withholding funds is governed
by Minnesota Statutes, section 256.017.
(a) Adult Mental Health Services 106,906,000 111,643,000
Appropriation Limitation. No part of the appropriation in this
article to the commissioner for mental health treatment services provided by
state-operated services shall be used for the Minnesota sex offender program.
Community Behavioral Health Hospitals. Under Minnesota Statutes, section 246.51,
subdivision 1, a determination order for the clients served in a community
behavioral health hospital operated by the commissioner of human services is
only required when a client's third-party coverage has been exhausted.
(b) Minnesota Sex Offender Services 64,843,000 67,503,000
(c) Minnesota Security Hospital and METO Services 83,735,000 83,735,000
Minnesota Security Hospital. For the purposes of enhancing the safety of
the public, improving supervision, and enhancing community-based mental health
treatment, state-operated services may establish additional community capacity
for providing treatment and supervision of clients who have been ordered into a
less restrictive alternative of care from the state-operated services
transitional services program consistent with Minnesota Statutes, section
246.014.
Base Adjustment. The general fund
base is increased by $18,000 in fiscal year 2012.
Sec.
4. COMMISSIONER
OF HEALTH
Subdivision
1. Total Appropriation $40,097,000 $34,452,000
Appropriations by Fund
2010 2011
General 12,841,000 8,801,000
State Government
Special Revenue 14,173,000 14,276,000
Health Care Access 13,083,000 11,375,000
Subd.
2. Policy Quality and Compliance
Appropriations by Fund
General 12,841,000 8,801,000
State Government
Special Revenue 14,173,000 14,276,000
Health Care Access 13,083,000 11,375,000
Value-Based Insurance Designs. The commissioner of health, in consultation
with the commissioner of human services, commerce, and Minnesota management and
budget, shall study and report to the legislature on value-based insurance
designs that vary enrollee cost-sharing based on clinical or cost-effectiveness
of services. In performing this study,
the commissioner shall consult with and seek input from health plans,
health care providers, and employers.
The commissioner shall report to the legislature by January 15, 2010.
Health Information Technology. Of the general fund appropriation,
$4,000,000 is to fund the revolving loan account under Minnesota Statutes,
section 62J.496. This appropriation must
not be expended unless it is matched with federal funding under the federal
Health Information Technology for Economic and Clinical Health (HITECH)
Act. This appropriation must not be
included in the agency's base budget for the fiscal year beginning July 1,
2012.
Base Adjustment. The general fund
base is $8,801,000 in fiscal year 2012 and $8,593,000 in fiscal year 2013. The health care access fund base is
$10,775,000 in fiscal year 2012 and $6,641,000 in fiscal year 2013. The state government special revenue fund
base is $14,234,000 for each of fiscal years 2012 and 2013.
Sec.
5. Laws 2007, chapter 147, article 19,
section 3, subdivision 4, as amended by Laws 2008, chapter 277, article 5,
section 1; and Laws 2008, chapter 363, article 18, section 7, is amended to
read:
Subd.
4. Children
and Economic Assistance Grants
The amounts that may be spent from
this appropriation for each purpose are as follows:
(a) MFIP/DWP Grants
Appropriations by Fund
General 62,069,000 62,405,000
Federal TANF 75,904,000 80,841,000
(b) Support Services Grants
Appropriations by Fund
General 8,715,000 8,715,000
Federal TANF 113,429,000 115,902,000
TANF Prior Appropriation Cancellation.
Notwithstanding
Laws 2001, First Special Session chapter 9, article 17, section 2, subdivision
11, paragraph (b), any unexpended TANF funds appropriated to the commissioner
to contract with the Board of Trustees of Minnesota State Colleges and
Universities, to provide tuition waivers to employees of health care and human
service providers that are members of qualifying consortia operating under
Minnesota Statutes, sections 116L.10 to 116L.15, must cancel at the end of
fiscal year 2007.
MFIP Pilot Program. Of the TANF appropriation, $100,000 in
fiscal year 2008 and $750,000 in fiscal year 2009 are for a grant to the
Stearns-Benton Employment and Training Council for the Workforce U pilot
program. Base level funding for this
program shall be $750,000 in 2010 and $0 in 2011.
Supported Work. (1) Of the TANF appropriation,
$5,468,000 in fiscal year 2008 is for supported work for MFIP participants, to
be allocated to counties and tribes based on the criteria under clauses (2) and
(3), and is available until expended.
Paid transitional work experience and other supported employment under
this rider provides a continuum of employment assistance, including outreach
and recruitment, program orientation and intake, testing and assessment, job
development and marketing, preworksite training, supported worksite experience,
job coaching, and postplacement follow-up, in addition to extensive case
management and referral services. * (The
preceding text "and $7,291,000 in fiscal year 2009" was indicated as
vetoed by the governor.)
(2) A county or tribe is eligible to
receive an allocation under this rider if:
(i) the county or tribe is not meeting
the federal work participation rate;
(ii) the county or tribe has
participants who are required to perform work activities under Minnesota
Statutes, chapter 256J, but are not meeting hourly work requirements; and
(iii) the county or tribe has assessed
participants who have completed six weeks of job search or are required to
perform work activities and are not meeting the hourly requirements, and the
county or tribe has determined that the participant would benefit from working
in a supported work environment.
(3) A county or tribe may also be
eligible for funds in order to contract for supplemental hours of paid work at
the participant's child's place of education, child care location, or the
child's physical or mental health treatment facility or office. This grant to counties and tribes is
specifically for MFIP participants who need to work up to five hours more per week
in order to meet the hourly work requirement, and the participant's employer
cannot or will not offer more hours to the participant.
Work Study. Of the TANF appropriation, $750,000
each year are to the commissioner to contract with the Minnesota Office of
Higher Education for the biennium beginning July 1, 2007, for work study grants
under Minnesota Statutes, section 136A.233, specifically for low-income
individuals who receive assistance under Minnesota Statutes, chapter 256J, and
for grants to opportunities industrialization centers. *(The preceding text beginning "Work
Study. Of the TANF appropriation,"
was indicated as vetoed by the governor.)
Integrated Service Projects. $2,500,000 in fiscal year 2008 and
$2,500,000 in fiscal year 2009 are appropriated from the TANF fund to the
commissioner to continue to fund the existing integrated services projects for
MFIP families, and if funding allows, additional similar projects.
Base Adjustment. The TANF base for fiscal year 2010 is
$115,902,000 and for fiscal year 2011 is $115,152,000.
(c) MFIP Child Care Assistance Grants
General 74,654,000 71,951,000
(d) Basic Sliding Fee Child Care Assistance Grants
General 42,995,000 45,008,000
Base Adjustment. The general fund base is $44,881,000
for fiscal year 2010 and $44,852,000 for fiscal year 2011.
At-Home Infant Care Program. No funding shall be allocated to or
spent on the at-home infant care program under Minnesota Statutes, section
119B.035.
(e) Child Care Development Grants
General 4,390,000 6,390,000
Prekindergarten Exploratory Projects.
Of the general fund appropriation, $2,000,000 the first year and
$4,000,000 the second year are for grants to the city of St. Paul, Hennepin
County, and Blue Earth County to establish scholarship demonstration projects
to be conducted in partnership with the Minnesota Early Learning Foundation to
promote children's school readiness.
This appropriation is available until June 30, 2009.
Child Care Services Grants. Of this appropriation, $250,000 each
year are for the purpose of providing child care services grants under
Minnesota Statutes, section 119B.21, subdivision 5. This appropriation is for the 2008-2009
biennium only, and does not increase the base funding.
Early Childhood Professional Development System. Of this appropriation, $250,000 each year are for purposes of
the early childhood professional development system, which increases the
quality and continuum of professional development opportunities for child care
practitioners. This appropriation is for
the 2008-2009 biennium only, and does not increase the base funding.
Base Adjustment. The general fund base is $1,515,000
for each of fiscal years 2010 and 2011.
(f) Child Support Enforcement Grants
General 11,038,000 3,705,000
Child Support Enforcement. $7,333,000 for fiscal year 2008 is to make grants to counties for child
support enforcement programs to make up for the loss under the 2005 federal
Deficit Reduction Act of federal matching funds for federal incentive funds
passed on to the counties by the state.
This appropriation is available until
June 30, 2009.
(g) Children's Services Grants
Appropriations by Fund
General 63,647,000 71,147,000
Health Care Access 250,000 -0-
TANF 240,000 340,000
Grants for Programs Serving Young Parents.
Of the TANF
fund appropriation, $140,000 each year is for a grant to a program or programs
that provide comprehensive services through a private, nonprofit agency to young
parents in Hennepin County who have dropped out of school and are receiving
public assistance. The program
administrator shall report annually to the commissioner on skills development,
education, job training, and job placement outcomes for program participants.
County Allocations for Rate Increases.
County
Children and Community Services Act allocations shall be increased by $197,000
effective October 1, 2007, and $696,000 effective October 1, 2008, to help
counties pay for the rate adjustments to day training and habilitation
providers for participants paid by county social service funds. Notwithstanding the provisions of Minnesota
Statutes, section 256M.40, the allocation to a county shall be based on the county's
proportion of social services spending for day training and habilitation
services as determined in the most recent social services expenditure and grant
reconciliation report.
Privatized Adoption Grants. Federal reimbursement for privatized
adoption grant and foster care recruitment grant expenditures is appropriated
to the commissioner for adoption grants and foster care and adoption
administrative purposes.
Adoption Assistance Incentive Grants.
Federal funds
available during fiscal year 2008 and fiscal year 2009 for the adoption incentive
grants are appropriated to the commissioner for these purposes.
Adoption Assistance and Relative Custody Assistance. The commissioner may transfer unencumbered appropriation
balances for adoption assistance and relative custody assistance between fiscal
years and between programs.
Children's Mental Health Grants. Of the general fund appropriation,
$5,913,000 in fiscal year 2008 and $6,825,000 in fiscal year 2009 are for
children's mental health grants. The
purpose of these grants is to increase and maintain the state's children's
mental health service capacity, especially for school-based mental health
services. The commissioner shall require
grantees to utilize all available third party reimbursement sources as a
condition of using state grant funds. At
least 15 percent of these funds shall be used to encourage efficiencies through
early intervention services. At least
another 15 percent shall be used to provide respite care services for children
with severe emotional disturbance at risk of out-of-home placement.
Mental Health Crisis Services. Of the general fund appropriation,
$2,528,000 in fiscal year 2008 and $2,850,000 in fiscal year 2009 are for
statewide funding of children's mental health crisis services. Providers must utilize all available funding
streams.
Children's Mental Health Evidence-Based and Best Practices. Of the general fund appropriation, $375,000 in fiscal year
2008 and $750,000 in fiscal year 2009 are for children's mental health
evidence-based and best practices including, but not limited to: Adolescent
Integrated Dual Diagnosis Treatment services; school-based mental health
services; co-location of mental health and physical health care, and; the use
of technological resources to better inform diagnosis and development of
treatment plan development by mental health professionals. The commissioner shall require grantees to
utilize all available third-party reimbursement sources as a condition of using
state grant funds.
Culturally Specific Mental Health Treatment Grants. Of the general fund appropriation, $75,000 in fiscal year
2008 and $300,000 in fiscal year 2009 are for children's mental health grants
to support increased availability of mental health services for persons from
cultural and ethnic minorities within the state. The commissioner shall use at least 20
percent of these funds to help members of cultural and ethnic minority communities
to become qualified mental health professionals and practitioners. The commissioner shall assist grantees to
meet third-party credentialing requirements and require them to utilize all
available third-party reimbursement sources as a condition of using state grant
funds.
Mental Health Services for Children with Special Treatment Needs. Of the general fund appropriation, $50,000 in fiscal year
2008 and $200,000 in fiscal year 2009 are for children's mental
health grants to support increased availability
of mental health services for children with special treatment needs. These shall include, but not be limited to: victims of trauma, including children
subjected to abuse or neglect, veterans and their families, and refugee
populations; persons with complex treatment needs, such as eating disorders;
and those with low incidence disorders.
MFIP and Children's Mental Health Pilot Project. Of the TANF appropriation, $100,000 in fiscal year 2008 and
$200,000 in fiscal year 2009 are to fund the MFIP and children's mental health
pilot project. Of these amounts, up to
$100,000 may be expended on evaluation of this pilot.
Prenatal Alcohol or Drug Use. Of the general fund appropriation,
$75,000 each year is to award grants beginning July 1, 2007, to programs that
provide services under Minnesota Statutes, section 254A.171, in Pine, Kanabec,
and Carlton Counties. This appropriation
shall become part of the base appropriation.
Base Adjustment. The general fund base is $62,572,000
in fiscal year 2010 and $62,575,000 in fiscal year 2011.
(h) Children and Community Services Grants
General 101,369,000 69,208,000
Base Adjustment. The general fund base is $69,274,000
in each of fiscal years 2010 and 2011.
Targeted Case Management Temporary Funding. (a) Of the general fund appropriation, $32,667,000 in fiscal
year 2008 is transferred to the targeted case management contingency reserve
account in the general fund to be allocated to counties and tribes affected by
reductions in targeted case management federal Medicaid revenue as a result of
the provisions in the federal Deficit Reduction Act of 2005, Public Law
109-171.
(b) Contingent upon (1) publication
by the federal Centers for Medicare and Medicaid Services of final regulations
implementing the targeted case management provisions of the federal Deficit
Reduction Act of 2005, Public Law 109-171, or (2) the issuance of a finding by
the Centers for Medicare and Medicaid Services of federal Medicaid overpayments
for targeted case management expenditures, up to $32,667,000 is appropriated to
the commissioner of human services.
Prior to distribution of funds, the commissioner shall estimate and
certify the amount by which the federal regulations or federal disallowance
will reduce targeted case management Medicaid revenue over the 2008-2009
biennium.
(c) Within 60 days of a contingency
described in paragraph (b), the commissioner shall distribute the grants
proportionate to each affected county or tribe's targeted case management
federal earnings for calendar year 2005, not to exceed the lower of (1) the
amount of the estimated reduction in federal revenue or (2) $32,667,000.
(d) These funds are available in
either year of the biennium. Counties
and tribes shall use these funds to pay for social service-related costs, but
the funds are not subject to provisions of the Children and Community Services
Act grant under Minnesota Statutes, chapter 256M.
(e) This appropriation shall be
available to pay counties and tribes for expenses incurred on or after July 1,
2007. The appropriation shall be
available until expended.
(i) General Assistance Grants
General 37,876,000 38,253,000
General Assistance 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 parents or a
legal guardian at $203. The commissioner
may reduce this amount according to Laws 1997, chapter 85, article 3, section
54.
Emergency General Assistance. The amount appropriated for emergency
general assistance funds is limited to no more than $7,889,812 in fiscal year
2008 and $7,889,812 in fiscal year 2009.
Funds to counties must be allocated by the commissioner using the
allocation method specified in Minnesota Statutes, section 256D.06.
(j) Minnesota Supplemental Aid Grants
General 30,505,000 30,812,000
Emergency Minnesota Supplemental Aid Funds. The amount appropriated for emergency Minnesota supplemental
aid funds is limited to no more than $1,100,000 in fiscal year 2008 and
$1,100,000 in fiscal year 2009. Funds to
counties must be allocated by the commissioner using the allocation method
specified in Minnesota Statutes, section 256D.46.
(k) Group Residential Housing Grants
General 91,069,000 98,671,000
People Incorporated. Of the general fund appropriation,
$460,000 each year is to augment community support and mental health services
provided to individuals residing in facilities under Minnesota Statutes,
section 256I.05, subdivision 1m.
(l) Other Children and Economic Assistance Grants
General 20,183,000 16,333,000
Federal TANF 1,500,000 1,500,000
Base Adjustment. The general fund base shall be
$16,033,000 in fiscal year 2010 and $15,533,000 in fiscal year 2011. The TANF base shall be $1,500,000 in fiscal
year 2010 and $1,181,000 in fiscal year 2011.
Homeless and Runaway Youth. Of the general fund appropriation,
$500,000 each year are for the Runaway and Homeless Youth Act under Minnesota
Statutes, section 256K.45. Funds shall
be spent in each area of the continuum of care to ensure that programs are
meeting the greatest need. This is a
onetime appropriation.
Long-Term Homelessness. Of the general fund appropriation,
$2,000,000 in fiscal year 2008 is for implementation of programs to address
long-term homelessness and is available in either year of the biennium. This is a onetime appropriation.
Minnesota Community Action Grants. (a) Of the general fund appropriation, $250,000 each
year is for the purposes of Minnesota community action grants under Minnesota
Statutes, sections 256E.30 to 256E.32.
This is a onetime appropriation.
(b) Of the TANF appropriation,
$1,500,000 each year is for community action agencies for auto repairs, auto
loans, and auto purchase grants to individuals who are eligible to receive
benefits under Minnesota Statutes, chapter 256J, or who have lost eligibility
for benefits under Minnesota Statutes, chapter 256J, due to earnings in the
prior 12 months. Base level funding for
this activity shall be $1,500,000 in fiscal year 2010 and $1,181,000 in fiscal
year 2011. * (The preceding text
beginning "(b) Of the TANF appropriation," was indicated as vetoed by
the governor.)
(c) Money appropriated under
paragraphs (a) and (b) that is not spent in the first year does not cancel but
is available for the second year.
Sec.
6. EXPIRATION
OF UNCODIFIED LANGUAGE.
All uncodified language contained in
this article expires on June 30, 2011, unless a different expiration date is
explicit.
Sec. 7. EFFECTIVE DATE.
The provisions in this article are
effective July 1, 2009, unless a different effective date is specified."
Delete the title and insert:
"A bill for an act relating to state government;
establishing the health and human services budget; making changes to licensing;
Minnesota family investment program, children, and adult supports; child
support; the Department of Health and health care; health care programs; making
technical changes; chemical and mental health; continuing care programs;
establishing the State-County Results, Accountability, and Service Delivery
Redesign; public health; health-related fees; making forecast adjustments;
creating work groups and pilot projects; requiring reports; increasing fees;
appropriating money for health and human services; amending Minnesota Statutes
2008, sections 13.465, subdivision 8; 62J.495; 62J.496; 62J.497, subdivisions
1, 2, by adding subdivisions; 62J.692, subdivision 7; 103I.208, subdivision 2;
125A.744, subdivision 3; 144.0724, subdivisions 2, 4, 8, by adding
subdivisions; 144.121, subdivisions 1a, 1b; 144.122; 144.1222, subdivision 1a;
144.125, subdivision 1; 144.218, subdivision 1; 144.225, subdivision 2;
144.2252; 144.226, subdivisions 1, 4; 144.72, subdivisions 1, 3; 144.9501,
subdivisions 22b, 26a, by adding subdivisions; 144.9505, subdivisions 1g, 4;
144.9508, subdivisions 2, 3, 4; 144.9512, subdivision 2; 144.966, by adding a subdivision;
144.97, subdivisions 2, 4, 6, by adding subdivisions; 144.98, subdivisions 1,
2, 3, by adding subdivisions; 144.99, subdivision 1; 144A.073, by adding a
subdivision; 144A.44, subdivision 2; 144A.46, subdivision 1; 148.108; 148.6445,
by adding a subdivision; 148D.180, subdivisions 1, 2, 3, 5; 148E.180,
subdivisions 1, 2, 3, 5; 153A.17; 156.015; 157.15, by adding a subdivision;
157.16; 157.22; 176.011, subdivision 9; 245.4885, subdivision 1; 245A.03, by
adding a subdivision; 245A.10, subdivisions 2, 3, 4, 5, by adding subdivisions;
245A.11, subdivision 2a, by adding a subdivision; 245A.16, subdivisions 1, 3;
245C.03, subdivision 2; 245C.04, subdivisions 1, 3; 245C.05, subdivision 4;
245C.08, subdivision 2; 245C.10, subdivision 3, by adding subdivisions;
245C.17, by adding a subdivision; 245C.20; 245C.21, subdivision 1a; 245C.23,
subdivision 2; 246.50, subdivision 5, by adding subdivisions; 246.51, by adding
subdivisions; 246.511; 246.52; 246B.01, by adding subdivisions; 252.46, by
adding a subdivision; 252.50, subdivision 1; 254A.02, by adding a subdivision;
254A.16, by adding a subdivision; 254B.03, subdivisions 1, 3, by adding a
subdivision; 254B.05, subdivision 1; 254B.09, subdivision 2; 256.01,
subdivision 2b, by adding subdivisions; 256.476, subdivisions 5, 11; 256.962,
subdivisions 2, 6; 256.963, by adding a subdivision; 256.969, subdivision 3a;
256.975, subdivision 7; 256B.04, subdivision 16; 256B.055, subdivisions 7, 12;
256B.056, subdivisions 3, 3b, 3c, by adding a subdivision; 256B.057, subdivisions
3, 9, by adding a subdivision; 256B.0575; 256B.0595, subdivisions 1, 2;
256B.06, subdivisions 4, 5; 256B.0621, subdivision 2; 256B.0625, subdivisions
3c, 7, 8, 8a, 9, 13e, 17, 19a, 19c, 26, 41, 47; 256B.0631, subdivision 1;
256B.0651; 256B.0652; 256B.0653; 256B.0654; 256B.0655, subdivisions 1b, 4;
256B.0657, subdivisions 2, 6, 8, by adding a subdivision; 256B.08, by adding a
subdivision; 256B.0911, subdivisions 1, 1a, 3, 3a, 4a, 5, 6, 7, by adding
subdivisions; 256B.0913, subdivision 4; 256B.0915, subdivisions 3e, 3h, 5, by
adding a subdivision; 256B.0916, subdivision 2; 256B.0917, by adding a
subdivision; 256B.092, subdivision 8a, by adding subdivisions; 256B.0944, by
adding a subdivision; 256B.0945, subdivision 4; 256B.0947, subdivision 1; 256B.15,
subdivisions 1, 1a, 1h, 2, by adding subdivisions; 256B.37, subdivisions 1, 5;
256B.437, subdivision 6; 256B.441, subdivisions 48, 55, by adding subdivisions;
256B.49, subdivisions 12, 13, 14, 17, by adding subdivisions; 256B.501,
subdivision 4a; 256B.5011, subdivision 2; 256B.5012, by adding a subdivision;
256B.5013, subdivision 1; 256B.69, subdivisions 5a, 5c, 5f; 256B.76,
subdivisions 1, 4, by adding a subdivision; 256B.761; 256D.03, subdivision 4;
256D.051, subdivision 2a; 256D.0515; 256D.06, subdivision 2; 256D.09,
subdivision 6; 256D.44, subdivision 5; 256D.49, subdivision 3; 256G.02,
subdivision 6; 256I.03, subdivision 7; 256I.05, subdivisions 1a, 7c; 256J.20,
subdivision 3; 256J.24, subdivisions 5a, 10; 256J.37, subdivision 3a, by adding
a subdivision; 256J.38, subdivision 1; 256J.45, subdivision 3; 256J.575,
subdivisions 3, 6, 7; 256J.621; 256J.626, subdivision 6; 256J.751, by adding a
subdivision; 256J.95, subdivision 12; 256L.04, subdivision 10a, by adding a
subdivision; 256L.05, subdivision 1, by adding subdivisions; 256L.11,
subdivisions 1, 7; 256L.12, subdivision 9; 256L.17, subdivision 3; 259.89,
subdivision 1; 260C.317, subdivision 4; 327.14, by adding a subdivision;
327.15; 327.16; 327.20, subdivision 1, by adding a subdivision; 393.07, subdivision
10; 501B.89, by adding a subdivision; 518A.53, subdivisions 1, 4, 10; 519.05;
604A.33, subdivision 1; 609.232, subdivision 11; 626.556, subdivision 3c;
626.5572, subdivisions 6, 13, 21; Laws 2003, First Special Session chapter 14,
article 13C, section 2, subdivision 1, as amended; Laws 2007, chapter 147,
article 19, section 3, subdivision 4, as amended; proposing coding for new law
in Minnesota Statutes, chapters 62Q; 144; 156; 246B; 254B; 256; 256B; proposing
coding for new law as Minnesota Statutes, chapter 402A; repealing Minnesota
Statutes 2008, sections 62U.08; 103I.112; 144.9501,
subdivision 17b; 148D.180, subdivision 8; 246.51, subdivision 1; 246.53,
subdivision 3; 256.962, subdivision 7; 256B.0655, subdivisions 1, 1a, 1c, 1d,
1e, 1f, 1g, 1h, 1i, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13; 256B.071, subdivisions
1, 2, 3, 4; 256B.092, subdivision 5a; 256B.19, subdivision 1d; 256B.431,
subdivision 23; 256D.46; 256I.06, subdivision 9; 256J.626, subdivision 7;
259.83, subdivision 3; 259.89, subdivisions 2, 3, 4; 327.14, subdivisions 5, 6;
Laws 1988, chapter 689, section 251; Minnesota Rules, parts 4626.2015, subpart
9; 9100.0400, subparts 1, 3; 9100.0500; 9100.0600; 9500.1243, subpart 3;
9500.1261, subparts 3, 4, 5, 6; 9555.6125, subpart 4, item B."
With the recommendation that when so amended the bill
pass and be re-referred to the Committee on Rules and Legislative
Administration.
The report was adopted.
Carlson from the Committee on Finance to which was referred:
H. F. No. 2175, A bill for an act relating to environment;
establishing grant program for idling reduction technology and hybrid bus
purchases; proposing coding for new law in Minnesota Statutes, chapter 116.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [116.935] PUBLIC TRANSIT AGENCY DIESEL
POLLUTION REDUCTION GRANTS.
Subdivision 1.
Authority and eligibility. The commissioner may award a grant to any
public transit agency in Minnesota for the purchase and installation costs of
any equipment or fuel that results in decreased diesel pollution from transit
vehicles, including but not limited to grants of up to 25 percent of the cost
to purchase a hybrid bus.
Subd. 2. Grants. (a) Grant funds may be used by the
recipient to purchase and install equipment or fuel or to purchase hybrid
buses, if those purchases and installations will result in decreased emissions
of one or more air contaminants from the bus on which it is installed or used
or decreased energy use by the bus.
(b) The grant program in this section shall be implemented
only if the agency's application for federal funding, as required under section
2, is successful.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. APPLICATION FOR FEDERAL FUNDS.
The Pollution Control Agency must submit an application to the
federal Environmental Protection Agency for competitive grant funds made
available under the federal Diesel Emission Reduction Act's National, Smartway,
or Emerging Technologies Clean Diesel Grant Program, as specified in the
American Recovery and Reinvestment Act of 2009, Public Law 111-5. The application must request funding to
reduce the cost of purchasing and installing idling reduction devices in diesel-powered
regular route transit buses and for the purchase of hybrid buses. Any funds awarded to the agency as a result
of the application must be expended on the diesel truck idling reduction device
grant program under section 1. The
agency must report by January 15, 2010, to the committees of the legislature
with responsibility for the Pollution Control Agency on the status of the grant
application submitted under this section and the use of grant funds, if awarded
under section 1.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to environment; establishing
grant program for assisting public transit agencies in Minnesota with efforts
to reduce diesel pollution; proposing coding for new law in Minnesota Statutes,
chapter 116."
With the recommendation that when so amended the bill pass.
The report was
adopted.
SECOND
READING OF HOUSE BILLS
H. F. No. 2175 was read for the second
time.
SECOND READING OF SENATE
BILLS
S. F. Nos. 1288, 1539 and 1711 were read
for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House
File was introduced:
Hackbarth
introduced:
H. F. No. 2348, A
bill for an act relating to natural resources; requiring a state trail pass;
appropriating money; amending Minnesota Statutes 2008, section 84.0835,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 85.
The bill was read
for the first time and referred to the Committee on Environment Policy and
Oversight.
MESSAGES
FROM THE SENATE
The following
messages were received from the Senate:
Madam Speaker:
I hereby announce
the passage by the Senate of the following House File, herewith returned, as
amended by the Senate, in which amendments the concurrence of the House is
respectfully requested:
H. F. No. 2123, A bill for an act relating to state
government; environment, natural resources, and energy finance; appropriating
money for environment and natural resources; authorizing sale of gift cards and
certificates; establishing composting competitive grant program; modifying
regulation of storm water discharges; modifying waste management reporting
requirements and creating a work group; requiring nonresident all-terrain
vehicle state trail pass; modifying horse trail and state park pass requirements;
requiring disclosure of certain chemicals in
children's products by manufacturers; requiring plastic
yard waste bags to be compostable and establishing labeling standards;
authorizing uses of the Hennepin County solid and hazardous waste fund;
modifying greenhouse gas emissions provisions and requiring a registry;
establishing and authorizing fees; providing for disposition of certain fees;
modifying and establishing assessments for certain regulatory expenses;
providing for fish consumption advisories in different languages; limiting use
of certain funds; requiring reports; appropriating money to Department of
Commerce and Public Utilities Commission to finance activities related to
commerce and energy; modifying provisions related to Telecommunications Access
Minnesota assessments, insurance audits, insurers and insurance products,
certain financial institutions, regulated activities related to certain
mortgage transactions and professionals, and debt management and debt
settlement services; providing penalties and remedies; appropriating and
allocating federal stimulus money for various energy programs; amending
Minnesota Statutes 2008, sections 45.011, subdivision 1; 45.027, subdivision 1;
46.04, subdivision 1; 46.05; 46.131, subdivision 2; 47.58, subdivision 1;
47.60, subdivisions 1, 3, 6; 48.21; 58.05, subdivision 3; 58.06, subdivision 2;
58.126; 58.13, subdivision 1; 60A.124; 60A.14, subdivision 1; 60B.03,
subdivision 15; 60L.02, subdivision 3; 61B.19, subdivision 4; 61B.28,
subdivisions 4, 8; 67A.01; 67A.06; 67A.07; 67A.14, subdivisions 1, 7; 67A.18,
subdivision 1; 84.0835, subdivision 3; 84.415, subdivision 5, by adding a
subdivision; 84.63; 84.631; 84.632; 84.788, subdivision 3; 84.922, subdivision
1a; 85.015, subdivision 1b; 85.053, subdivision 10; 85.46, subdivisions 3, 4,
7; 93.481, subdivisions 1, 3, 5, 7; 97A.075, subdivision 1; 103G.301,
subdivisions 2, 3; 115.03, subdivision 5c; 115.073; 115.56, subdivision 4;
115.77, subdivision 1; 115A.1314, subdivision 2; 115A.557, subdivision 3;
115A.931; 116.07, subdivision 4d; 116.41, subdivision 2; 116C.834, subdivision
1; 116D.045; 216B.62, subdivisions 3, 4, 5, by adding a subdivision; 216H.10,
subdivision 7; 216H.11; 325E.311, subdivision 6; 332A.02, subdivisions 5, 8, 9,
10, 13, by adding a subdivision; 332A.04, subdivision 6; 332A.08; 332A.10;
332A.11, subdivision 2; 332A.14; Laws 2002, chapter 220, article 8, section 15;
Laws 2007, chapter 57, article 1, section 4, subdivision 2; Laws 2008, chapter
363, article 5, section 4, subdivision 7; proposing coding for new law in
Minnesota Statutes, chapters 60A; 61A; 67A; 84; 93; 115A; 116; 216H; 325E;
383B; proposing coding for new law as Minnesota Statutes, chapter 332B;
repealing Minnesota Statutes 2008, sections 60A.129; 61B.19, subdivision 6;
67A.14, subdivision 5; 67A.17; 67A.19; Laws 2008, chapter 363, article 5,
section 30; Minnesota Rules, parts 2675.2180; 2675.7100; 2675.7110; 2675.7120;
2675.7130; 2675.7140.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Knuth moved that
the House refuse to concur in the Senate amendments to
H. F. No. 2123, that the Speaker appoint a Conference Committee
of 5 members of the House, and that the House requests that a like committee be
appointed by the Senate to confer on the disagreeing votes of the two
houses. The motion prevailed.
Madam Speaker:
I hereby announce
the passage by the Senate of the following House File, herewith returned, as
amended by the Senate, in which amendments the concurrence of the House is
respectfully requested:
H. F. No. 1122, A bill for an act relating to
appropriations; appropriating money for agriculture, the Board of Animal
Health, Rural Finance Authority, veterans, and the military; changing certain
agricultural and animal health requirements and programs; establishing a
program; eliminating a sunset; requiring certain studies and reports; amending
Minnesota Statutes 2008, sections 3.737, subdivision 1; 3.7371, subdivision 3;
13.643, by adding a subdivision; 17.115, subdivision 2; 18.75; 18.76; 18.77,
subdivisions 1, 3, 5, by adding subdivisions; 18.78, subdivision 1, by adding a
subdivision; 18.79; 18.80, subdivision 1; 18.81, subdivision 3, by adding
subdivisions; 18.82, subdivisions 1, 3; 18.83; 18.84, subdivisions 1, 2, 3;
18.86; 18.87; 18.88; 18B.01, subdivision 8, by adding subdivisions; 18B.065,
subdivisions 1, 2, 2a, 3, 7, by adding subdivisions; 18B.26, subdivisions 1, 3;
18B.31, subdivisions 3, 4; 18B.37, subdivision 1; 18C.415, subdivision 3;
18C.421; 18C.425, subdivisions 4, 6; 18E.03, subdivisions 2, 4; 18E.06; 18H.02,
subdivision 12a, by adding subdivisions; 18H.07, subdivisions 2, 3; 18H.09;
18H.10; 28A.085, subdivision 1; 28A.21, subdivision 5; 31.94; 32.394,
subdivision 8; 41A.09, subdivisions 2a, 3a; 41B.039, subdivision 2; 41B.04,
subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 1b; 41B.045,
subdivision 2; 43A.11, subdivision 7; 43A.23, subdivision 1; 97A.045,
subdivision 1; 171.06, subdivision 3; 171.07,
by adding a subdivision; 171.12, by adding a
subdivision; 197.455, subdivision 1; 197.46; 198.003, by adding subdivisions;
239.791, subdivisions 1, 1a; 336.9-601; 343.11; 550.365, subdivision 2;
559.209, subdivision 2; 582.039, subdivision 2; 583.215; 626.8517; Laws 2008,
chapter 297, article 2, section 26, subdivision 3; proposing coding for new law
in Minnesota Statutes, chapters 17; 18; 18B; 31; 41A; 192; 198; repealing
Minnesota Statutes 2008, sections 17.49, subdivision 3; 18G.12, subdivision 5;
38.02, subdivisions 3, 4; 41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 41.58,
subdivisions 1, 2; 41.59, subdivision 1; 41.60; 41.61, subdivision 1; 41.62;
41.63; 41.65; Minnesota Rules, part 1505.0820.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Sertich moved that
the House refuse to concur in the Senate amendments to H. F. No. 1122,
that the Speaker appoint a Conference Committee of 5 members of the House, and
that the House requests that a like committee be appointed by the Senate to
confer on the disagreeing votes of the two houses. The motion prevailed.
Sertich moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
There being no objection, the order of
business reverted to Reports of Standing Committees and Divisions.
REPORTS OF STANDING
COMMITTEES AND DIVISIONS
Sertich from the Committee on Rules and
Legislative Administration to which was referred:
H. F. No. 1362, A bill for an act relating
to state government; establishing the health and human services budget; making
changes to licensing; Minnesota family investment program, children, and adult
supports; child support; the Department of Health and health care; health care
programs; making technical changes; chemical and mental health; continuing care
programs; establishing the State-County Results, Accountability, and Service
Delivery Redesign; public health; health-related fees; making forecast adjustments;
creating work groups and pilot projects; requiring reports; increasing fees;
appropriating money for health and human services; amending Minnesota Statutes
2008, sections 13.465, subdivision 8; 62J.495; 62J.496; 62J.497, subdivisions
1, 2, by adding subdivisions; 62J.692, subdivision 7; 103I.208, subdivision 2;
125A.744, subdivision 3; 144.0724, subdivisions 2, 4, 8, by adding
subdivisions; 144.121, subdivisions 1a, 1b; 144.122; 144.1222, subdivision 1a;
144.125, subdivision 1; 144.218, subdivision 1; 144.225, subdivision 2;
144.2252; 144.226, subdivisions 1, 4; 144.72, subdivisions 1, 3; 144.9501,
subdivisions 22b, 26a, by adding subdivisions; 144.9505, subdivisions 1g, 4;
144.9508, subdivisions 2, 3, 4; 144.9512, subdivision 2; 144.966, by adding a
subdivision; 144.97, subdivisions 2, 4, 6, by adding subdivisions; 144.98,
subdivisions 1, 2, 3, by adding subdivisions; 144.99, subdivision 1; 144A.073,
by adding a subdivision; 144A.44, subdivision 2; 144A.46, subdivision 1;
148.108; 148.6445, by adding a subdivision; 148D.180, subdivisions 1, 2, 3, 5;
148E.180, subdivisions 1, 2, 3, 5; 153A.17; 156.015; 157.15, by adding a
subdivision; 157.16; 157.22; 176.011, subdivision 9; 245.4885, subdivision 1;
245A.03, by adding a subdivision; 245A.10, subdivisions 2, 3, 4, 5, by adding
subdivisions; 245A.11, subdivision 2a, by adding a subdivision; 245A.16,
subdivisions
1, 3; 245C.03, subdivision 2; 245C.04, subdivisions 1, 3; 245C.05, subdivision
4; 245C.08, subdivision 2; 245C.10, subdivision 3, by adding subdivisions;
245C.17, by adding a subdivision; 245C.20; 245C.21, subdivision 1a; 245C.23,
subdivision 2; 246.50, subdivision 5, by adding subdivisions; 246.51, by adding
subdivisions; 246.511; 246.52; 246B.01, by adding subdivisions; 252.46, by
adding a subdivision; 252.50, subdivision 1; 254A.02, by adding a subdivision;
254A.16, by adding a subdivision; 254B.03, subdivisions 1, 3, by adding a
subdivision; 254B.05, subdivision 1; 254B.09, subdivision 2; 256.01,
subdivision 2b, by adding subdivisions; 256.476, subdivisions 5, 11; 256.962,
subdivisions 2, 6; 256.963, by adding a subdivision; 256.969, subdivision 3a;
256.975, subdivision 7; 256B.04, subdivision 16; 256B.055, subdivisions 7, 12;
256B.056, subdivisions 3, 3b, 3c, by adding a subdivision; 256B.057, subdivisions
3, 9, by adding a subdivision; 256B.0575; 256B.0595, subdivisions 1, 2;
256B.06, subdivisions 4, 5; 256B.0621, subdivision 2; 256B.0625, subdivisions
3c, 7, 8, 8a, 9, 13e, 17, 19a, 19c, 26, 41, 47; 256B.0631, subdivision 1;
256B.0651; 256B.0652; 256B.0653; 256B.0654; 256B.0655, subdivisions 1b, 4;
256B.0657, subdivisions 2, 6, 8, by adding a subdivision; 256B.08, by adding a
subdivision; 256B.0911, subdivisions 1, 1a, 3, 3a, 4a, 5, 6, 7, by adding
subdivisions; 256B.0913, subdivision 4; 256B.0915, subdivisions 3e, 3h, 5, by
adding a subdivision; 256B.0916, subdivision 2; 256B.0917, by adding a
subdivision; 256B.092, subdivision 8a, by adding subdivisions; 256B.0944, by
adding a subdivision; 256B.0945, subdivision 4; 256B.0947, subdivision 1; 256B.15,
subdivisions 1, 1a, 1h, 2, by adding subdivisions; 256B.37, subdivisions 1, 5;
256B.437, subdivision 6; 256B.441, subdivisions 48, 55, by adding subdivisions;
256B.49, subdivisions 12, 13, 14, 17, by adding subdivisions; 256B.501,
subdivision 4a; 256B.5011, subdivision 2; 256B.5012, by adding a subdivision;
256B.5013, subdivision 1; 256B.69, subdivisions 5a, 5c, 5f; 256B.76,
subdivisions 1, 4, by adding a subdivision; 256B.761; 256D.03, subdivision 4;
256D.051, subdivision 2a; 256D.0515; 256D.06, subdivision 2; 256D.09,
subdivision 6; 256D.44, subdivision 5; 256D.49, subdivision 3; 256G.02,
subdivision 6; 256I.03, subdivision 7; 256I.05, subdivisions 1a, 7c; 256J.20,
subdivision 3; 256J.24, subdivisions 5a, 10; 256J.37, subdivision 3a, by adding
a subdivision; 256J.38, subdivision 1; 256J.45, subdivision 3; 256J.575,
subdivisions 3, 6, 7; 256J.621; 256J.626, subdivision 6; 256J.751, by adding a
subdivision; 256J.95, subdivision 12; 256L.04, subdivision 10a, by adding a
subdivision; 256L.05, subdivision 1, by adding subdivisions; 256L.11,
subdivisions 1, 7; 256L.12, subdivision 9; 256L.17, subdivision 3; 259.89,
subdivision 1; 260C.317, subdivision 4; 327.14, by adding a subdivision;
327.15; 327.16; 327.20, subdivision 1, by adding a subdivision; 393.07, subdivision
10; 501B.89, by adding a subdivision; 518A.53, subdivisions 1, 4, 10; 519.05;
604A.33, subdivision 1; 609.232, subdivision 11; 626.556, subdivision 3c;
626.5572, subdivisions 6, 13, 21; Laws 2003, First Special Session chapter 14,
article 13C, section 2, subdivision 1, as amended; Laws 2007, chapter 147,
article 19, section 3, subdivision 4, as amended; proposing coding for new law
in Minnesota Statutes, chapters 62Q; 144; 156; 246B; 254B; 256; 256B; proposing
coding for new law as Minnesota Statutes, chapter 402A; repealing Minnesota
Statutes 2008, sections 62U.08; 103I.112; 144.9501, subdivision 17b; 148D.180,
subdivision 8; 246.51, subdivision 1; 246.53, subdivision 3; 256.962,
subdivision 7; 256B.0655, subdivisions 1, 1a, 1c, 1d, 1e, 1f, 1g, 1h, 1i, 2, 3,
5, 6, 7, 8, 9, 10, 11, 12, 13; 256B.071, subdivisions 1, 2, 3, 4; 256B.092,
subdivision 5a; 256B.19, subdivision 1d; 256B.431, subdivision 23; 256D.46;
256I.06, subdivision 9; 256J.626, subdivision 7; 259.83, subdivision 3; 259.89,
subdivisions 2, 3, 4; 327.14, subdivisions 5, 6; Laws 1988, chapter 689,
section 251; Minnesota Rules, parts 4626.2015, subpart 9; 9100.0400, subparts
1, 3; 9100.0500; 9100.0600; 9500.1243, subpart 3; 9500.1261, subparts 3, 4, 5,
6; 9555.6125, subpart 4, item B.
Reported the same back with the
recommendation that the bill pass and be re-referred to the Committee on Ways
and Means.
Joint rule 2.03 has been waived for any
further committee action on this bill.
The report was adopted.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested
immediate consideration of S. F. No. 802.
S. F. No. 802 was reported
to the House.
Paymar moved to amend S. F. No. 802, the
second engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 1657, the first
engrossment:
"ARTICLE
1
APPROPRIATIONS
Section 1.
SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this article.
2010 2011 Total
General $908,031,000 $898,494,000 $1,806,525,000
Federal 19,000,000 19,000,000 38,000,000
State Government Special Revenue 66,573,000 70,336,000 136,909,000
Environmental Fund 69,000 69,000 138,000
Special Revenue Fund 14,559,000 14,559,000 29,118,000
Trunk Highway 1,941,000 1,941,000 3,882,000
Total $1,010,173,000 $1,004,399,000 $2,014,572,000
Sec. 2. PUBLIC SAFETY APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2010" and
"2011" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year"
is fiscal year 2010. "The second
year" is fiscal year 2011. "The
biennium" is fiscal years 2010 and 2011.
Appropriations for the fiscal year ending June 30, 2009, are effective
the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 3. SUPREME
COURT
Subdivision 1.
Total Appropriation $43,919,000 $43,366,000
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2.
Supreme Court Operations
31,740,000 31,339,000
(a) Contingent
Account. $5,000 each year is
for a contingent account for expenses necessary for the normal operation of the
court for which no other reimbursement is provided.
(b) Criminal
Justice Forum. The chief
justice is requested to continue the criminal justice forum to evaluate and
examine criminal justice efficiencies and costs savings, and may submit a
report of the findings and recommendations to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction
over public safety policy and finance by February 15, 2010.
(c) Federal
Stimulus Funds. The Supreme
Court is encouraged to apply for all available grants for federal stimulus
funds to: (1) continue drug court
programs that lose state funding; and (2) make technological improvements
within the judicial system.
(d) Judicial
and Referee Vacancies. The
Supreme Court shall not certify a judicial or referee vacancy under Minnesota
Statutes, section 2.722, until it has examined alternative options, such as
temporarily suspending certification of the vacant position or assigning a
retired judge to temporarily fill the position.
Thirty days prior to certifying any judicial or referee vacancy to the
governor, the Supreme Court shall submit to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction
over public safety and judiciary policy and finance a report with a detailed
explanation of the alternatives that were examined, why those alternatives were
rejected, and why certification of the position is necessary for effective
judicial administration and adequate access to the courts.
Subd. 3.
Civil Legal Services 12,179,000 12,027,000
Legal Services to Low-Income Clients in Family Law
Matters. Of this appropriation, $877,000 each
year is to improve the access of low-income clients to legal representation in
family law matters. This appropriation
must be distributed under Minnesota Statutes, section 480.242, to the qualified
legal services programs described in Minnesota Statutes, section 480.242,
subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first year does not cancel and is
available in the second year.
Sec. 4. COURT
OF APPEALS $10,353,000 $10,222,000
Sec. 5. TRIAL
COURTS $251,696,000 $248,540,000
Sec. 6. TAX
COURT $800,000 $800,000
Sec. 7. UNIFORM
LAWS COMMISSION $51,000 $50,000
Sec. 8. BOARD
ON JUDICIAL STANDARDS $446,000 $446,000
The base budget for the Board on
Judicial Standards shall be $321,000 in fiscal year 2012 and $321,000 in fiscal
year 2013.
Sec. 9. BOARD
OF PUBLIC DEFENSE $67,628,000 $65,028,000
Agency Lobbyists. No portion of this appropriation may be used to pay the
salary or fee of a person retained to serve as the board's legislative liaison
or lobbyist.
Sec. 10. PUBLIC
SAFETY
Subdivision 1.
Total Appropriation $160,529,000 $160,892,000
Appropriations by Fund
2010 2011
General 82,439,000 79,039,000
Special Revenue 9,507,000 9,507,000
State Government
Special Revenue 66,573,000 70,336,000
Environmental 69,000 69,000
Trunk Highway 1,941,000 1,941,000
The amounts that may be spent for
each purpose are specified in the following subdivisions.
(a) Agency
Lobbyists. No portion of this
appropriation may be used to pay the salary or fee of a person retained to
serve as the agency's legislative liaison or lobbyist.
(b) Employees
of the Governor. Any
personnel costs attributable to the Office of the Governor must be accounted
for through an appropriation to the Office of the Governor. The commissioner may not enter into
agreements with the Office of the Governor under which personnel costs in the
office of the governor are supported by appropriations to the agency.
(c) Car Fleet.
By January 1, 2010, the commissioner
must reduce the department's fleet of cars in the seven-county metropolitan
area by 20 percent.
Subd. 2.
Emergency Management 2,583,000 2,583,000
Appropriations by Fund
General 1,910,000 1,910,000
Special Revenue 604,000 604,000
Environmental 69,000 69,000
Hazmat and Chemical
Assessment Teams.
$604,000 each year is appropriated
from the fire safety account in the special revenue fund. These amounts must be used to fund the
hazardous materials and chemical assessment teams.
Subd. 3.
Criminal Apprehension 43,763,000 42,063,000
Appropriations by Fund
General 41,815,000 40,115,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 1,941,000 1,941,000
(a) Forensic
Scientists. When formulating
the budget and the need for additional scientists for the state's crime labs,
the commissioner, in consultation with the superintendent of the Bureau of
Criminal Apprehension, must consider the number and capacity of scientists
employed in labs operated by local units of government.
(b) DWI Lab
Analysis; Trunk Highway Fund. Notwithstanding
Minnesota Statutes, section 161.20, subdivision 3, $1,941,000 each year is
appropriated from the trunk highway fund for laboratory analysis related to
driving while impaired cases.
Subd. 4.
Fire Marshal 8,000,000 8,000,000
This appropriation is from the fire
safety account in the special revenue fund.
Of this amount, $5,732,000 each year
is for activities under Minnesota Statutes, section 299F.012, and $2,268,000
each year is for transfer to the general fund under Minnesota Statutes, section
297I.06, subdivision 3.
Subd. 5.
Alcohol and Gambling
Enforcement 2,538,000 2,538,000
Appropriations by Fund
General 1,635,000 1,635,000
Special Revenue 903,000 903,000
This appropriation is from the
alcohol enforcement account in the special revenue fund. Of this appropriation, $750,000 each year
shall be transferred to the general fund.
The transfer amount for fiscal year 2012 and fiscal year 2013 shall be
$500,000 per year.
Subd. 6.
Office of Justice Programs
37,175,000 35,475,000
Appropriations by Fund
General 37,079,000 35,379,000
State Government
Special Revenue 96,000 96,000
(a) Federal
Stimulus Funds; Report. By
June 1, 2009, the Office of Justice Programs shall submit to the chairs and
ranking minority members of the house of representatives and senate committees
with jurisdiction over public safety policy and finance a detailed plan
outlining the competitive grant process to be used to administer the federal
stimulus funds. The plan must describe: (1) the administrative process in accepting
and reviewing applications, (2) the criteria used in awarding grants, and (3)
program reporting requirements.
The Office of Justice Programs must
consider awarding grants for federal stimulus funds for the following
activities and programs:
(i) trafficking victim programs,
including legal advocacy clinics, training programs, public awareness
initiatives, and victim services hotlines;
(ii) nonprofit organizations
dedicated to providing immediate and long-term emotional support and practical
help for families and friends of persons who have died traumatically;
(iii) organizations that provide
mentoring grants for children of incarcerated parents;
(iv) youth intervention programs, as
defined under Minnesota Statutes, section 299A.73, with an emphasis on those
programs that provide early intervention youth services to children in their
communities;
(v) programs that seek to develop and
increase juvenile detention alternatives;
(vi) re-entry programs for offenders;
(vii) restorative justice programs,
as defined in Minnesota Statutes, section 611A.775, except that a program that
receives federal funds shall not use the
funds for cases involving domestic assault; and
(viii) judicial branch efficiency
programs, including e-citation and fine management and collection program
improvements.
By October 1, 2009, the Office of Justice
Programs must submit to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety
policy and finance a list of all the grants awarded by the Office of Justice
Programs using federal stimulus funds, including the name of the grantee, the
amount awarded, the funded activities or programs, and the length of the grant.
For purposes of this section,
"federal stimulus funds" means funding provided to the state under
the American Recovery and Reinvestment Act of 2009.
(b) Crime Victim
and Youth Intervention Programs. For
the biennium ending June 30, 2011, funding for the following programs must not
be reduced by more than three percent from the level of state funding provided
for the biennium ending June 30, 2009: (1)
crime victim reparations; (2) battered women's shelters; (3) general crime
victim programs; (4) sexual assault victim programs; and (5) youth intervention
programs.
Subd. 7.
Emergency Communication
Networks 66,470,000 70,233,000
This appropriation is from the state
government special revenue fund for 911 emergency telecommunications services.
(a) Public
Safety Answering Points. $13,664,000
each year is to be distributed as provided in Minnesota Statutes, section
403.113, subdivision 2.
(b) Medical Resource
Communication Centers. $683,000 each year is for grants to
the Minnesota Emergency Medical Services Regulatory Board for the Metro East
and Metro West Medical Resource Communication Centers that were in operation
before January 1, 2000.
(c) ARMER Debt
Service. $17,557,000 the
first year and $23,261,000 the second year are to the commissioner of finance
to pay debt service on revenue bonds issued under Minnesota Statutes, section
403.275.
Any portion of this appropriation not
needed to pay debt service in a fiscal year may be used by the commissioner of
public safety to pay cash for any of the capital improvements for which bond
proceeds were appropriated by Laws 2005, chapter 136, article 1, section 9,
subdivision 8, or Laws 2007, chapter 54, article 1, section 10, subdivision 8.
(d) Metropolitan
Council Debt Service. $1,410,000
each year is to the commissioner of finance for payment to the Metropolitan
Council for debt service on bonds issued under Minnesota Statutes, section
403.27.
(e) ARMER State
Backbone Operating Costs. $5,060,000
each year is to the commissioner of transportation for costs of maintaining and
operating the first and third phases of the statewide radio system backbone.
(f) ARMER
Improvements. $1,000,000 each
year is for the Statewide Radio Board for costs of design, construction,
maintenance of, and improvements to those elements of the statewide public
safety radio and communication system that support mutual aid communications
and emergency medical services or provide enhancement of public safety
communication interoperability.
(g) Next
Generation 911. $3,431,000 in
fiscal year 2010 and $6,490,000 in fiscal year 2011 is to replace the current
system with the Next Generation Internet Protocol (IP) based network. The base level of funding for fiscal year
2012 shall be $2,965,000.
(h) Emergency Communication System. $5,000,000 the first year is to be used by the commissioner
for any purpose related to the effective operation of the emergency
communication system in the state, including the cost of personnel who prepare
for and respond to emergencies.
Sec. 11. PEACE
OFFICER STANDARDS AND TRAINING BOARD (POST) $4,162,000 $4,162,000
(a) Excess Amounts
Transferred. This appropriation is from the peace
officer training account in the special revenue fund. Any new receipts credited to that account in
the first year in excess of $4,162,000 must be transferred and credited to the
general fund. Any new receipts credited
to that account in the second year in excess of $4,162,000 must be transferred
and credited to the general fund.
(b) Peace
Officer Training Reimbursements. $3,009,000
each year is for reimbursements to local governments for peace officer training
costs.
(c) Agency
Lobbyists. No portion of this
appropriation may be used to pay the salary or fee of a person retained to
serve as the board's legislative liaison or lobbyist.
Sec. 12. PRIVATE
DETECTIVE BOARD $125,000 $125,000
Sec. 13. HUMAN
RIGHTS $3,534,000 $3,418,000
The base budget for the Department of
Human Rights shall be $3,368,000 in fiscal year 2012 and $3,368,000 in fiscal
year 2013.
Sec. 14. DEPARTMENT
OF CORRECTIONS
Subdivision 1.
Total Appropriation $466,339,000 $466,759,000
Appropriations by Fund
2010 2011
General 446,449,000 446,869,000
Special Revenue 890,000 890,000
Federal 19,000,000 19,000,000
The amounts that may be spent for each
purpose are specified in the following subdivisions.
(a) Agency
Lobbyists. No portion of this
appropriation may be used to pay the salary or fee of a person retained to
serve as the agency's legislative liaison or lobbyist.
(b) Employees
of the Governor. Any
personnel costs attributable to the Office of the Governor must be accounted
for through an appropriation to the Office of the Governor. The commissioner may not enter into
agreements with the Office of the Governor under which personnel costs in the
Office of the Governor are supported by appropriations to the agency.
(c) Car Fleet. By January 1, 2010, the commissioner must
reduce the department's fleet of cars by 20 percent.
Subd. 2.
Correctional Institutions
328,336,000 333,363,000
Appropriations by Fund
General 308,756,000 313,783,000
Special Revenue 580,000 580,000
Federal 19,000,000 19,000,000
$19,000,000 each year is from the
fiscal stabilization account in the American Recovery and Reinvestment Act of
2009. This is a onetime appropriation.
The general fund base for this
program shall be $331,546,000 in fiscal year 2012 and $336,085,000 in fiscal
year 2013.
(a) Treatment
Alternatives; Report. By
December 15, 2009, the commissioner must submit a report to the chairs and
ranking minority members of the house of representatives and senate
committees with jurisdiction over
public safety policy and finance concerning alternative chemical dependency
treatment opportunities. The report must
identify alternatives that represent best practices in chemical dependency
treatment of offenders. The report must
contain suggestions for reducing the length of time between offender commitment
to the custody of the commissioner and graduation from chemical dependency
treatment. To the extent possible, the
report shall identify options that will (1) reduce the cost of treatment; (2)
expand the number of treatment beds; (3) improve treatment outcomes; and (4)
lower the rate of substance abuse relapse and criminal recidivism.
(b) Challenge
Incarceration; Maximum Occupancy. The
commissioner shall work to fill all available challenge incarceration beds for
both male and female offenders. If the
commissioner fails to fill at least 90 percent of the available challenge
incarceration beds by December 1, 2009, the commissioner must submit a report
to the chairs and ranking minority members of the house of representatives and
senate committees with jurisdiction over public safety policy and finance by
January 15, 2010, explaining what steps the commissioner has taken to fill the
beds and why those steps failed to reach the goal established by the
legislature.
(c) Performance
Measures; Per Diem Reduction; Report to the Legislature. The commissioner of corrections must
reduce the fiscal year 2008 average adult facility per diem of $89.77 by one
percent. The base is cut by $2,850,000
in the first year and $2,850,000 in the second year to reflect a one percent
reduction in the projected adult facility per diem.
In reducing the projected adult
facility per diem, the commissioner must consider the following:
(1) cooperating with the state of
Wisconsin to obtain economies of scale;
(2) increasing the bed capacity of
the challenge incarceration program;
(3) increasing the number of
nonviolent drug offenders who are granted conditional release under Minnesota
Statutes, section 244.055;
(4) increasing the use of
compassionate release or less costly detention alternatives for elderly and
infirm offenders;
(5) implementing corrections best
practices; and
(6) implementing cost-saving measures
used by other states and the federal government.
The commissioner must not eliminate
correctional officer positions or implement any other measure that will
jeopardize public safety to achieve the mandated cost savings. The commissioner also must not eliminate
treatment beds to achieve the mandated cost savings.
If the commissioner fails to reduce
the per diem by one percent, the commissioner must:
(i) reduce the funding for operations
support by the amount of unrealized savings; and
(ii) submit a report by February 15,
2010, to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety
policy and finance that contains descriptions of what efforts the commissioner
made to reduce the per diem, explanations for why those steps failed to reduce
the per diem by one percent, proposed legislative options that would assist the
commissioner in reducing the adult facility per diem, and descriptions of the
specific actions the commissioner took to reduce funding in operations support.
If the commissioner reduces the per
diem by more than one percent, the commissioner must use the savings to provide
treatment to offenders.
(d) Drug Court
Bed Savings. The commissioner
must consider the bed impact savings of drug courts in formulating its prison
bed projections.
Subd. 3.
Community Services 115,044,000 111,837,000
Appropriations by Fund
General 114,944,000 111,737,000
Special Revenue 100,000 100,000
(a) Short-Term Offenders. $1,607,000 in the first year is for costs associated with the housing and care
of short-term offenders sentenced prior to June 30, 2009, and housed in local
jails. The commissioner may use up to
ten percent of the total amount of the appropriation for inpatient medical care
for short-term offenders with less than six months to serve as affected by the
changes made to Minnesota Statutes, section 609.105, by Laws 2003, First
Special Session chapter 2, article 5, sections 7 to 9. All funds not expended for inpatient medical
care shall be added to and distributed with the housing funds. These funds shall be distributed
proportionately based on the total number of days short-term offenders are
placed locally, not to exceed the fiscal year 2009 per diem. All funds remaining after reimbursements are
made shall be transferred to the
department's institution base budget to offset the costs of housing short-term
offenders who are sentenced on or after July 1, 2009, and incarcerated in state
correctional facilities. Short-term
offenders sentenced before July 1, 2009, may be housed in a state
correctional facility at the discretion of the commissioner.
This does not preclude the
commissioner from contracting with local jails to house offenders committed to
the custody of the commissioner.
The Department of Corrections is
exempt from the state contracting process for the purposes of Minnesota
Statutes, section 609.105, as amended by Laws 2003, First Special Session
chapter 2, article 5, sections 7 to 9.
(b) Federal
Grants. The commissioner must
apply for all available grants for federal funds under the American Recovery
and Reinvestment Act of 2009 and the Second Chance Act that the department is
eligible to receive to continue and expand re-entry and restorative justice
programs.
Subd. 4.
Operations Support 22,959,000 21,559,000
Appropriations by Fund
General 22,749,000 21,349,000
Special Revenue 210,000 210,000
The general fund base for this
program shall be $20,949,000 in fiscal year 2012 and $20,949,000 in fiscal year
2013.
Sec. 15. SENTENCING
GUIDELINES $591,000 $591,000
ARTICLE 2
COURTS AND PUBLIC DEFENDERS
Section 1. Minnesota Statutes 2008, section 2.722,
subdivision 4, is amended to read:
Subd. 4. Determination
of a judicial vacancy. (a) When a
judge of the district court dies, resigns, retires, or is removed from office,
the Supreme Court, in consultation with judges and attorneys in the affected
district, shall determine within 90 days of after receiving
notice of a vacancy from the governor whether the vacant office is necessary
for effective judicial administration or is necessary for adequate access to
the courts. In determining whether the
position is necessary for adequate access to the courts, the Supreme Court
shall consider whether abolition or transfer of the position would result in a
county having no chambered judge. The
Supreme Court may continue the position, may order the position abolished, or
may transfer the position to a judicial district where need for additional
judges exists, designating the position as either a county, county/municipal or
district court judgeship. The Supreme
Court shall certify any vacancy to the governor, who shall fill it in the
manner provided by law.
(b) If a judge of district court
fails to timely file an affidavit of candidacy and filing fee or petition in
lieu of a fee, the official with whom the affidavits of candidacy are required
to be filed shall notify the Supreme Court that the incumbent judge is not
seeking reelection. Within five days of
receipt of the notice, the Supreme Court shall determine whether the judicial
position is necessary for effective judicial administration or adequate access
to the courts and notify the official responsible for certifying the election
results of its determination. In
determining whether the position is necessary for adequate access to the
courts, the Supreme Court shall consider whether abolition or transfer of the
position would result in a county having no chambered judge. The Supreme Court may continue the position,
may order the position abolished, or may transfer the position to a judicial
district where the need for additional judgeships exists. If the position is abolished or transferred,
the election may not be held. If the
position is transferred, the court shall also notify the governor of the
transfer. Upon transfer, the position is
vacant and the governor shall fill it in the manner provided by law. An order abolishing or transferring a
position is effective the first Monday in the next January.
Sec. 2. Minnesota Statutes 2008, section 2.722,
subdivision 4a, is amended to read:
Subd. 4a. Referee
vacancy; conversion to judgeship.
When a referee of the district court dies, resigns, retires, or is
voluntarily removed from the position, the chief judge of the district shall
notify the Supreme Court and may petition to request that the position be
converted to a judgeship. The Supreme
Court shall determine within 90 days of the petition whether to order
the position abolished or convert the position to a judgeship in the affected
or another judicial district. The
Supreme Court shall certify any judicial vacancy to the governor, who shall
fill it in the manner provided by law.
The conversion of a referee position to a judgeship under this
subdivision shall not reduce the total number of judges and referees hearing
cases in the family and juvenile courts.
Sec. 3. Minnesota Statutes 2008, section 2.724,
subdivision 2, is amended to read:
Subd. 2. Procedure. To promote and secure more efficient
administration of justice, the chief justice of the Supreme Court of the state
shall supervise and coordinate the work of the courts of the state. The Supreme Court may provide by rule that
the chief justice not be required to write opinions as a member of the Supreme
Court. Its rules may further provide for
it to hear and consider cases in divisions.
It may by rule assign temporarily any retired justice of the Supreme
Court or one judge of the Court of Appeals or district court judge at a time to
act as a justice of the Supreme Court or any number of justices or retired
justices of the Supreme Court to act as judges of the Court of Appeals. Upon the assignment of a Court of Appeals
judge or a district court judge to act as a justice of the Supreme Court, a
judge previously acting as a justice may complete unfinished duties of that
position. Any number of justices may
disqualify themselves from hearing and considering a case, in which event the
Supreme Court may assign temporarily a retired justice of the Supreme Court, a
Court of Appeals judge, or a district court judge to hear and consider the case
in place of each disqualified justice. A
retired justice who is acting as a justice of the Supreme Court or judge of the
Court of Appeals under this section shall receive, in addition to retirement
pay, out of the general fund of the state, an amount to make the retired
justice's total compensation equal to the same salary as a justice or judge of
the court on which the justice is acting.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 4. Minnesota Statutes 2008, section 2.724,
subdivision 3, is amended to read:
Subd. 3. Retired
justices and judges. (a) The chief
justice of the Supreme Court may assign a retired justice of the Supreme Court
to act as a justice of the Supreme Court pursuant to subdivision 2 or as a
judge of any other court. The chief
justice may assign a retired judge of any court to act as a judge of any court
except the Supreme Court. The chief
justice of the Supreme Court shall determine the pay and expenses to be
received by a justice or judge acting pursuant to this paragraph.
(b) A judge who has been elected to
office and who has retired as a judge in good standing and is not practicing
law may also be appointed to serve as judge of any court except the Supreme
Court. A retired judge acting under this
paragraph will receive pay and expenses in the amount established by the
Supreme Court.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 5. Minnesota Statutes 2008, section 86B.705,
subdivision 2, is amended to read:
Subd. 2. Fines
and bail money. (a) All fines,
installment payments, and forfeited bail money collected from persons convicted
of violations of this chapter or rules adopted thereunder, or of a violation of
section 169A.20 involving a motorboat, shall be paid to the county treasurer
of the county where the violation occurred by the court administrator or other
person collecting the money within 15 days after the last day of the month the
money was collected deposited in the state treasury.
(b) One-half of the receipts shall be
credited to the general revenue fund of the county. The other one-half of the receipts shall be
transmitted by the county treasurer to the commissioner of natural
resources to be deposited in the state treasury and credited to the
water recreation account for the purpose of boat and water safety.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 6. Minnesota Statutes 2008, section 134A.09,
subdivision 2a, is amended to read:
Subd. 2a. Petty
misdemeanor cases and criminal convictions; fee assessment. In Hennepin County and Ramsey County, the
district court administrator or a designee may, upon the recommendation of the
board of trustees and by standing order of the judges of the district court,
include in the costs or disbursements assessed against a defendant convicted in
the district court of the violation of a statute or municipal ordinance, a
county law library fee. This fee may be
collected in all petty misdemeanor cases and criminal prosecutions in which,
upon conviction, the defendant may be subject to the payment of the costs or disbursements
in addition to a fine or other penalty. When
a defendant is convicted of more than one offense in a case, the county law
library fee shall be imposed only once in that case.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 7. Minnesota Statutes 2008, section 134A.10,
subdivision 3, is amended to read:
Subd. 3. Petty
misdemeanor cases and criminal convictions; fee assessment. The judge of district court may, upon the
recommendation of the board of trustees and by standing order, include in the
costs or disbursements assessed against a defendant convicted in the district
court of the violation of any statute or municipal ordinance, in all petty
misdemeanor cases and criminal prosecutions in which, upon conviction, the
defendant may be subject to the payment of the costs or disbursements in
addition to a fine or other penalty a county law library fee. When a defendant is convicted of more than
one offense in a case, the county law library fee shall be imposed only once in
that case. The item of costs or
disbursements may not be assessed for any offense committed prior to the
establishment of the county law library.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 8. Minnesota Statutes 2008, section 152.025,
subdivision 1, is amended to read:
Subdivision 1. Sale
crimes. (a) A person is
guilty of controlled substance crime in the fifth degree and if convicted
may be sentenced to imprisonment for not more than five years or to payment of
a fine of not more than $10,000, or both if:
(1) the person unlawfully sells one
or more mixtures containing marijuana or tetrahydrocannabinols, except a small
amount of marijuana for no remuneration; or
(2) the person unlawfully sells one
or more mixtures containing a controlled substance classified in schedule IV.
(b) If a person is guilty of
controlled substance crime in the fifth degree and the conviction is a
subsequent controlled substance conviction, the person convicted shall be
committed to the commissioner of corrections or to a local correctional
authority for not less than six months nor more than ten years and, in
addition, may be sentenced to payment of a fine of not more than $20,000 if:
(1) the person unlawfully sells one
or more mixtures containing marijuana or tetrahydrocannabinols, except a small
amount of marijuana for no remuneration; or
(2) the person unlawfully sells one
or more mixtures containing a controlled substance classified in schedule IV.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 9. Minnesota Statutes 2008, section 152.025,
subdivision 2, is amended to read:
Subd. 2. Possession
and other crimes. (a) A
person is guilty of controlled substance crime in the fifth degree and if
convicted may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both if:
(1) the person unlawfully possesses
one or more mixtures containing a controlled substance classified in schedule
I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to
procure, possesses, or has control over a controlled substance by any of the
following means:
(i) fraud, deceit, misrepresentation,
or subterfuge;
(ii) using a false name or giving
false credit; or
(iii) falsely assuming the title of,
or falsely representing any person to be, a manufacturer, wholesaler,
pharmacist, physician, doctor of osteopathy licensed to practice medicine,
dentist, podiatrist, veterinarian, or other authorized person for the purpose
of obtaining a controlled substance.
(b) If a person is guilty of
controlled substance crime in the fifth degree and the conviction is a
subsequent controlled substance conviction, the person convicted shall be
committed to the commissioner of corrections or to a local correctional
authority for not less than six months nor more than ten years and, in
addition, may be sentenced to payment of a fine of not more than $20,000 if:
(1) the person unlawfully possesses
one or more mixtures containing a controlled substance classified in schedule
I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to
procure, possesses, or has control over a controlled substance by any of the
following means:
(i) fraud, deceit, misrepresentation,
or subterfuge;
(ii) using a false name or giving
false credit; or
(iii) falsely assuming the title of,
or falsely representing any person to be, a manufacturer, wholesaler,
pharmacist, physician, doctor of osteopathy licensed to practice medicine,
dentist, podiatrist, veterinarian, or other authorized person for the purpose
of obtaining a controlled substance.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 10. Minnesota Statutes 2008, section 152.0262,
subdivision 1, is amended to read:
Subdivision 1. Possession
of precursors. (a) A person
is guilty of a crime if the person possesses any chemical reagents or
precursors with the intent to manufacture methamphetamine and if convicted
may be sentenced to imprisonment for not more than ten years or to payment of a
fine of not more than $20,000, or both.
(b) A person is guilty of a crime if
the person possesses any chemical reagents or precursors with the intent to
manufacture methamphetamine and may be sentenced to imprisonment for not more than
15 years or to payment of a fine of not more than $30,000, or both, if the
conviction is for a subsequent controlled substance conviction.
As used in this section and section
152.021, "chemical reagents or precursors" includes any of the
following substances, or any similar substances that can be used to manufacture
methamphetamine, or the salts, isomers, and salts of isomers of a listed or
similar substance:
(1) ephedrine;
(2) pseudoephedrine;
(3) phenyl-2-propanone;
(4) phenylacetone;
(5) anhydrous ammonia;
(6) organic solvents;
(7) hydrochloric acid;
(8) lithium metal;
(9) sodium metal;
(10) ether;
(11) sulfuric acid;
(12) red phosphorus;
(13) iodine;
(14) sodium hydroxide;
(15) benzaldehyde;
(16) benzyl methyl ketone;
(17) benzyl cyanide;
(18) nitroethane;
(19) methylamine;
(20) phenylacetic acid;
(21) hydriodic acid; or
(22) hydriotic acid.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 11. Minnesota Statutes 2008, section 169A.20,
subdivision 1, is amended to read:
Subdivision 1. Driving
while impaired crime; motor vehicles. It is a crime for any person to drive,
operate, or be in physical control of any motor vehicle, as defined in
section 169A.03, subdivision 15, except for motorboats in operation and off-road
recreational vehicles, within this state or on any boundary water of this
state when:
(1) when the person is under
the influence of alcohol;
(2) when the person is under
the influence of a controlled substance;
(3) when the person is
knowingly under the influence of a hazardous substance that affects the nervous
system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the motor vehicle;
(4) when the person is under
the influence of a combination of any two or more of the elements named in
clauses (1), (2), and to (3);
(5) when the person's alcohol
concentration at the time, or as measured within two hours of the time, of
driving, operating, or being in physical control of the motor vehicle is 0.08
or more;
(6) when the vehicle is a
commercial motor vehicle and the person's alcohol concentration at the time, or
as measured within two hours of the time, of driving, operating, or being in
physical control of the commercial motor vehicle is 0.04 or more; or
(7) when the person's body
contains any amount of a controlled substance listed in schedule I or II, or
its metabolite, other than marijuana or tetrahydrocannabinols.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 12. Minnesota Statutes 2008, section 169A.20, is
amended by adding a subdivision to read:
Subd. 1a.
Driving while impaired crime;
motorboat in operation. It is
a crime for any person to operate or be in physical control of a motorboat in
operation on any waters or boundary water of this state when:
(1) the person is under the influence
of alcohol;
(2) the person is under the influence
of a controlled substance;
(3) the person is knowingly under the
influence of a hazardous substance that affects the nervous system, brain, or
muscles of the person so as to substantially impair the person's ability to
drive or operate the motorboat;
(4) the person is under the influence
of a combination of any two or more of the elements named in clauses (1) to (3);
(5) the person's alcohol concentration
at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the motorboat is 0.08 or more; or
(6) the person's body contains any
amount of a controlled substance listed in schedule I or II, or its metabolite,
other than marijuana or tetrahydrocannabinols.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 13. Minnesota Statutes 2008, section 169A.20, is
amended by adding a subdivision to read:
Subd. 1b.
Driving while impaired crime;
snowmobile and all-terrain vehicle.
It is a crime for any person to operate or be in physical control of
a snowmobile as defined in section 84.81, subdivision 3, or all-terrain vehicle
as defined in section 84.92, subdivision 8, anywhere in this state or on the
ice of any boundary water of this state when:
(1) the person is under the influence
of alcohol;
(2) the person is under the influence
of a controlled substance;
(3) the person is knowingly under the
influence of a hazardous substance that affects the nervous system, brain, or
muscles of the person so as to substantially impair the person's ability to
drive or operate the snowmobile or all-terrain vehicle;
(4) the person is under the influence
of a combination of any two or more of the elements named in clauses (1) to (3);
(5) the person's alcohol concentration
at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the snowmobile or all-terrain
vehicle is 0.08 or more; or
(6) the person's body contains any
amount of a controlled substance listed in schedule I or II, or its metabolite,
other than marijuana or tetrahydrocannabinols.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 14. Minnesota Statutes 2008, section 169A.20, is
amended by adding a subdivision to read:
Subd. 1c.
Driving while impaired crime;
off-highway motorcycle and off-road vehicle. It is a crime for any person to operate or
be in physical control of any off-highway motorcycle as defined in section
84.787, subdivision 7, or any off-road vehicle as defined in section
84.797, subdivision 7, anywhere in this state or on the ice of any boundary
water of this state when:
(1) the person is under the influence
of alcohol;
(2) the person is under the influence
of a controlled substance;
(3) the person is knowingly under the
influence of a hazardous substance that affects the nervous system, brain, or
muscles of the person so as to substantially impair the person's ability to
drive or operate the off-highway motorcycle or off-road vehicle;
(4) the person is under the influence
of a combination of any two or more of the elements named in clauses (1) to (3);
(5) the person's alcohol concentration
at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the off-highway motorcycle or
off-road vehicle is 0.08 or more; or
(6) the person's body contains any
amount of a controlled substance listed in schedule I or II, or its metabolite,
other than marijuana or tetrahydrocannabinols.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 15. Minnesota Statutes 2008, section 169A.25,
subdivision 1, is amended to read:
Subdivision 1. Degree
described. (a) A person who violates
section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired
crime), is guilty of second-degree driving while impaired if two or more
aggravating factors were present when the violation was committed.
(b) A person who violates section
169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of
second-degree driving while impaired if one aggravating factor was present when
the violation was committed.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 16. Minnesota Statutes 2008, section 169A.26,
subdivision 1, is amended to read:
Subdivision 1. Degree
described. (a) A person who violates
section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired
crime), is guilty of third-degree driving while impaired if one aggravating
factor was present when the violation was committed.
(b) A person who violates section
169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of
third-degree driving while impaired.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 17. Minnesota Statutes 2008, section 169A.27,
subdivision 1, is amended to read:
Subdivision 1. Degree
described. A person who violates
section 169A.20, subdivision 1, 1a, 1b, or 1c (driving while impaired
crime), is guilty of fourth-degree driving while impaired.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 18. Minnesota Statutes 2008, section 169A.28,
subdivision 2, is amended to read:
Subd. 2. Permissive
consecutive sentences; multiple offenses.
(a) When a person is being sentenced for a violation of a provision
listed in paragraph (e), the court may sentence the person to a consecutive
term of imprisonment for a violation of any other provision listed in paragraph
(e), notwithstanding the fact that the offenses arose out of the same course of
conduct, subject to the limitation on consecutive sentences contained in
section 609.15, subdivision 2, and except as provided in paragraphs (b) and
(c).
(b) When a person is being sentenced
for a violation of section 171.09 (violation of condition of restricted
license), 171.20 (operation after revocation, suspension, cancellation, or
disqualification), 171.24 (driving without valid license), or 171.30 (violation
of condition of limited license), the court may not impose a consecutive
sentence for another violation of a provision in chapter 171 (drivers' licenses
and training schools).
(c) When a person is being sentenced
for a violation of section 169.791 (failure to provide proof of insurance) or
169.797 (failure to provide vehicle insurance), the court may not impose a
consecutive sentence for another violation of a provision of sections 169.79 to
169.7995.
(d) This subdivision does not limit
the authority of the court to impose consecutive sentences for crimes arising
on different dates or to impose a consecutive sentence when a person is being
sentenced for a crime and is also in violation of the conditions of a stayed or
otherwise deferred sentence under section 609.135 (stay of imposition or
execution of sentence).
(e) This subdivision applies to
misdemeanor and gross misdemeanor violations of the following if the offender
has two or more prior impaired driving convictions within the past ten years:
(1) section 169A.20, subdivision 1,
1a, 1b, or 1c (driving while impaired; impaired driving offenses);
(2) section 169A.20, subdivision 2
(driving while impaired; test refusal offense);
(3) section 169.791;
(4) section 169.797;
(5) section 171.09 (violation of
condition of restricted license);
(6) section 171.20, subdivision 2
(operation after revocation, suspension, cancellation, or
disqualification);
(7) section 171.24; and
(8) section 171.30.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 19. Minnesota Statutes 2008, section 169A.284, is
amended to read:
169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; SURCHARGE.
Subdivision 1. When
required. (a) When a court sentences
a person convicted of an offense enumerated in section 169A.70, subdivision 2
(chemical use assessment; requirement; form), it shall order the person to
pay the cost of the assessment directly to the entity conducting the assessment
or providing the assessment services in an amount determined by the entity
conducting or providing the service and shall impose a chemical dependency
assessment charge of $125 $25.
The court may waive the $25 assessment charge, but may not waive the
cost for the assessment paid directly to the entity conducting the assessment
or providing assessment services. A
person shall pay an additional surcharge of $5 if the person is convicted of a
violation of section 169A.20 (driving while impaired) within five years of a
prior impaired driving conviction or a prior conviction for an offense arising
out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998,
section 169.121 (driver under influence of alcohol or controlled substance) or
169.129 (aggravated DWI-related violations; penalty). This section applies when the sentence is
executed, stayed, or suspended. The
court may not waive payment or authorize payment of the assessment charge and
surcharge in installments unless it makes written findings on the record that
the convicted person is indigent or that the assessment charge and surcharge
would create undue hardship for the convicted person or that person's immediate
family.
(b) The chemical dependency
assessment charge and surcharge required under this section are in addition to
the surcharge required by section 357.021, subdivision 6 (surcharges on
criminal and traffic offenders).
Subd. 2. Distribution
of money. The county court
administrator shall collect and forward to the commissioner of finance
$25 of the chemical dependency assessment charge and the $5 surcharge, if
any, within 60 days after sentencing or explain to the commissioner in
writing why the money was not forwarded within this time period. The commissioner shall credit the money
to the commissioner of finance to be deposited in the state treasury and
credited to the general fund. The
county shall collect and keep $100 of the chemical dependency assessment
charge.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 20. Minnesota Statutes 2008, section 169A.46,
subdivision 1, is amended to read:
Subdivision 1. Impairment
occurred after driving ceased. If
proven by a preponderance of the evidence, it is an affirmative defense to a
violation of section 169A.20, subdivision 1, clause (5); 1a, clause (5); 1b,
clause (5); or 1c, clause (5) (driving while impaired, alcohol
concentration within two hours of driving), or 169A.20 by a person having an
alcohol concentration of 0.20 or more as measured at the time, or within two
hours of the time, of the offense, that the defendant consumed a sufficient
quantity of alcohol after the time of the violation and before the
administration of the evidentiary test to cause the defendant's alcohol
concentration to exceed the level specified in the applicable clause. Evidence that the defendant consumed alcohol
after the time of the violation may not be admitted in defense to any alleged
violation of section 169A.20, unless notice is given to the prosecution prior
to the omnibus or pretrial hearing in the matter.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 21. Minnesota Statutes 2008, section 169A.54,
subdivision 1, is amended to read:
Subdivision 1. Revocation
periods for DWI convictions. Except
as provided in subdivision 7, the commissioner shall revoke the driver's
license of a person convicted of violating section 169A.20 (driving while
impaired) or an ordinance in conformity with it, as follows:
(1) for an offense under section
169A.20, subdivision 1 (driving while impaired crime): not less than 30 days;
(2) for an offense under section
169A.20, subdivision 2 (refusal to submit to chemical test crime): not less than 90 days;
(3) for an offense occurring within
ten years of a qualified prior impaired driving incident:
(i) if the current conviction is for a
violation of section 169A.20, subdivision 1, 1a, 1b, or 1c, not less
than 180 days and until the court has certified that treatment or
rehabilitation has been successfully completed where prescribed in accordance
with section 169A.70 (chemical use assessments); or
(ii) if the current conviction is for
a violation of section 169A.20, subdivision 2, not less than one year and until
the court has certified that treatment or rehabilitation has been successfully
completed where prescribed in accordance with section 169A.70;
(4) for an offense occurring within
ten years of the first of two qualified prior impaired driving incidents: not less than one year, together with denial
under section 171.04, subdivision 1, clause (10), until rehabilitation is
established in accordance with standards established by the commissioner; or
(5) for an offense occurring within
ten years of the first of three or more qualified prior impaired driving
incidents: not less than two years,
together with denial under section 171.04, subdivision 1, clause (10), until
rehabilitation is established in accordance with standards established by the
commissioner.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 22. Minnesota Statutes 2008, section 299D.03,
subdivision 5, is amended to read:
Subd. 5. Traffic
fines and forfeited bail money. (a)
All fines and forfeited bail money, from traffic and motor vehicle law
violations, collected from persons apprehended or arrested by officers of
the State Patrol, shall be paid transmitted by the person or
officer collecting the fines, forfeited bail money, or installments thereof, on
or before the tenth day after the last day of the month in which these moneys
were collected, to the county treasurer of the county where the violation
occurred. commissioner of finance.
Except where a different disposition is required in this paragraph,
paragraph (b), section 387.213, or otherwise provided by law, three-eighths
of these receipts shall be credited to the general revenue fund of the
county, except that in a county in a judicial district under section 480.181,
subdivision 1, paragraph (b), this three-eighths share must be transmitted
to the commissioner of finance for deposit deposited in the state
treasury and credited to the state general fund. The other five-eighths of these receipts shall
be transmitted by that officer to the commissioner of finance and must be
deposited in the state treasury and credited as follows: (1) the first $600,000 in each fiscal year
must be credited to the Minnesota grade crossing safety account in the special
revenue fund, and (2) remaining receipts must be credited to the state
trunk highway fund. If, however, the
violation occurs within a municipality and the city attorney prosecutes the
offense, and a plea of not guilty is entered, one-third of the receipts shall
be deposited in the state treasury and credited to the state general
revenue fund of the county, one-third of the receipts shall be
paid to the municipality prosecuting the offense, and one-third shall be transmitted
to the commissioner of finance as provided in this subdivision.
deposited in the state treasury and credited to the Minnesota grade crossing
safety account or the state trunk highway fund as provided in this
paragraph. When section 387.213 also is
applicable to the fine, section 387.213 shall be applied before this paragraph
is applied. All costs of
participation in a nationwide police communication system chargeable to the
state of Minnesota shall be paid from appropriations for that purpose.
(b) Notwithstanding any other
provisions of law, all fines and forfeited bail money from violations of
statutes governing the maximum weight of motor vehicles, collected from persons
apprehended or arrested by employees of the state of Minnesota, by means of
stationary or portable scales operated by these employees, shall be paid
transmitted by the person or officer collecting the fines or forfeited bail
money, on or before the tenth day after the last day of the month in which the
collections were made, to the county treasurer of the county where the
violation occurred commissioner of finance. Five-eighths of these receipts shall be transmitted
by that officer to the commissioner of finance and shall be deposited in
the state treasury and credited to the state highway user tax
distribution fund. Three-eighths of
these receipts shall be deposited in the state treasury and credited to
the state general revenue fund of the county, except that in a county
in a judicial district under section 480.181, subdivision 1, paragraph (b),
this three-eighths share must be transmitted to the commissioner of finance for
deposit in the state treasury and credited to the general fund.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 23. Minnesota Statutes 2008, section 357.021,
subdivision 2, is amended to read:
Subd. 2. Fee
amounts. The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or
proceeding in said court, including any case arising under the tax laws of the
state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for
that party in said action, a fee of $240 $300, except in marriage
dissolution actions the fee is $270 $330.
The defendant or other adverse or
intervening party, or any one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall pay, when the
first paper is filed for that party in said action, a fee of $240
$300, except in marriage dissolution actions the fee is $270 $330.
The party requesting a trial by jury
shall pay $75 $100.
The fees above stated shall be the
full trial fee chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without trial, and shall
include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E,
except the provisions therein as to appeals.
(2) Certified copy of any instrument
from a civil or criminal proceeding, $10 $14, and $5 $8
for an uncertified copy.
(3) Issuing a subpoena, $12
$16 for each name.
(4) Filing a motion or response to a
motion in civil, family, excluding child support, and guardianship cases, $55 $100.
(5) Issuing an execution and filing
the return thereof; issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $40
$55.
(6) Issuing a transcript of judgment,
or for filing and docketing a transcript of judgment from another court, $30 $40.
(7) Filing and entering a
satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.
(8) Certificate as to existence or
nonexistence of judgments docketed, $5 for each name certified to.
(9) Filing and indexing trade name;
or recording basic science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(10) For the filing of each partial,
final, or annual account in all trusteeships, $40 $55.
(11) For the deposit of a will, $20
$27.
(12) For recording notary commission,
$100, of which, notwithstanding subdivision 1a, paragraph (b), $80 must be
forwarded to the commissioner of finance to be deposited in the state treasury
and credited to the general fund.
(13) Filing a motion or response to a
motion for modification of child support, a fee of $55 $100.
(14) All other services required by
law for which no fee is provided, such fee as compares favorably with those
herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing
fees under this chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each adoption petition
filed in district court to fund the fathers' adoption registry under section
259.52.
The fees in clauses (3) and (5) need
not be paid by a public authority or the party the public authority represents.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 24. Minnesota Statutes 2008, section 357.021,
subdivision 6, is amended to read:
Subd. 6. Surcharges
on criminal and traffic offenders.
(a) Except as provided in this paragraph, the court shall impose and the
court administrator shall collect a $75 surcharge on every person convicted of
any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, other
than a violation of a law or ordinance relating to
vehicle parking, for which there
shall be a $4 $5 surcharge.
When a defendant is convicted of more than one offense in a case, the
surcharge shall be imposed only once in that case. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1
surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or
ordinance relating to vehicle parking, if the Ramsey County Board of
Commissioners authorizes the $1 surcharge.
The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed.
The surcharge shall not be imposed when a person is convicted of a petty
misdemeanor for which no fine is imposed.
(b) If the court fails to impose a
surcharge as required by this subdivision, the court administrator shall show
the imposition of the surcharge, collect the surcharge, and correct the record.
(c) The court may not waive payment of
the surcharge required under this subdivision.
Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.
(d) The court administrator or other
entity collecting a surcharge shall forward it to the commissioner of finance.
(e) If the convicted person is
sentenced to imprisonment and has not paid the surcharge before the term of
imprisonment begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the surcharge from
any earnings the inmate accrues from work performed in the facility or while on
conditional release. The chief executive
officer shall forward the amount collected to the commissioner of finance
court administrator or other entity collecting the surcharge imposed by the
court.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 25. Minnesota Statutes 2008, section 357.021,
subdivision 7, is amended to read:
Subd. 7. Disbursement
of surcharges by commissioner of finance.
(a) Except as provided in paragraphs (b), (c), and (d), the commissioner
of finance shall disburse surcharges received under subdivision 6 and section
97A.065, subdivision 2, as follows:
(1) one percent shall be credited to
the game and fish fund to provide peace officer training for employees of the
Department of Natural Resources who are licensed under sections 626.84 to
626.863, and who possess peace officer authority for the purpose of enforcing
game and fish laws;
(2) 39 percent shall be credited to
the peace officers training account in the special revenue fund; and
(3) 60 percent shall be credited to
the general fund.
(b) The commissioner of finance shall
credit $3 of each surcharge received under subdivision 6 and section 97A.065,
subdivision 2, to the general fund.
(c) In addition to any amounts
credited under paragraph (a), the commissioner of finance shall credit $47 of
each surcharge received under subdivision 6 and section 97A.065, subdivision 2,
and the $4 $5 parking surcharge, to the general fund.
(d) If the Ramsey County Board of
Commissioners authorizes imposition of the additional $1 surcharge provided for
in subdivision 6, paragraph (a), the court administrator in the Second Judicial
District shall transmit the surcharge to the commissioner of finance. The $1 special surcharge is deposited in a
Ramsey County surcharge account in the special revenue fund and amounts in the
account are appropriated to the trial courts for the administration of the
petty misdemeanor diversion program operated by the Second Judicial District
Ramsey County Violations Bureau.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 26. Minnesota Statutes 2008, section 357.022, is
amended to read:
357.022 CONCILIATION COURT FEE.
The court administrator in every
county shall charge and collect a filing fee of $50 $65 from
every plaintiff and from every defendant when the first paper for that party is
filed in any conciliation court action.
This section does not apply to conciliation court actions filed by the
state. The court administrator shall
transmit the fees monthly to the commissioner of finance for deposit in the
state treasury and credit to the general fund.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 27. Minnesota Statutes 2008, section 357.08, is
amended to read:
357.08 PAID BY APPELLANT IN APPEAL.
There shall be paid to the clerk of
the appellate courts by the appellant, or moving party or person requiring the
service, in all cases of appeal, certiorari, habeas corpus, mandamus,
injunction, prohibition, or other original proceeding, when initially filed
with the clerk of the appellate courts, the sum of $500 $550 to
the clerk of the appellate courts. An
additional filing fee of $100 shall be required for a petition for accelerated
review by the Supreme Court. A filing
fee of $500 $550 shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision of the Court of
Appeals. A filing fee of $500
$550 shall be paid to the clerk of the appellate courts upon the filing of
a petition for permission to appeal. A
filing fee of $100 shall be paid to the clerk of the appellate courts upon the
filing by a respondent of a notice of review.
The clerk shall transmit the fees to the commissioner of finance for
deposit in the state treasury and credit to the general fund.
The clerk shall not file any paper,
issue any writ or certificate, or perform any service enumerated herein, until
the payment has been made for it. The
clerk shall pay the sum into the state treasury as provided for by section 15A.01.
The charges provided for shall not
apply to disbarment proceedings, nor to an action or proceeding by the state
taken solely in the public interest, where the state is the appellant or moving
party, nor to copies of the opinions of the court furnished by the clerk to the
parties before judgment, or furnished to the district judge whose decision is
under review, or to such law library associations in counties having a
population exceeding 50,000, as the court may direct.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 28. Minnesota Statutes 2008, section 364.08, is
amended to read:
364.08 PRACTICE OF LAW; EXCEPTION.
This chapter shall not apply to the
practice of law or judicial branch employment; but nothing in this
section shall be construed to preclude the Supreme Court, in its discretion,
from adopting the policies set forth in this chapter.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 29. Minnesota Statutes 2008, section 375.14, is
amended to read:
375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
The county board shall provide offices
at the county seat for the auditor, treasurer, county recorder, sheriff, court
administrator of the district court, and an office for the county engineer at a
site determined by the county board, with suitable furniture and safes and
vaults for the security and preservation of the books and papers of the
offices,
and provide heating, lighting, and
maintenance of the offices. The board
shall furnish all county officers with all books, stationery, letterheads,
envelopes, postage, telephone service, office equipment, electronic technology,
and supplies necessary to the discharge of their respective duties and make
like provision for the judges of the district court as necessary to the
discharge of their duties within the county or concerning matters arising in it. The board is not required to furnish any
county officer with professional or technical books or instruments except when
the board deems them directly necessary to the discharge of official duties as
part of the permanent equipment of the office.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 30. Minnesota Statutes 2008, section 480.15, is
amended by adding a subdivision to read:
Subd. 10c.
Uniform collections policies
and procedures for courts. (a)
Notwithstanding chapter 16D, the state court administrator under the direction
of the Judicial Council may promulgate uniform collections policies and
procedures for the courts and may contract with credit bureaus, public and
private collection agencies, the Department of Revenue, and other public or
private entities providing collection services as necessary for the collection
of court debts. The court collection
process and procedures are not subject to section 16A.125 or chapter 16D.
(b) Court debt means an amount owed to
the state directly or through the judicial branch on account of a fee, duty,
rent, service, overpayment, fine, assessment, surcharge, court cost, penalty,
restitution, damages, interest, bail bond, forfeiture, reimbursement, liability
owed, an assignment to the judicial branch, recovery of costs incurred by the
judicial branch, or any other source of indebtedness to the judicial branch as
well as amounts owed to other public or private entities for which the judicial
branch acts in providing collection services, or any other amount owed to the
judicial branch.
(c) The courts must pay for the
collection services of public or private collection entities as well as the
cost of one or more court employees to provide collection interface services
between the Department of Revenue, the courts, and one or more collection
entities from the money collected. The
portion of the money collected which must be paid to the collection entity as
collection fees and costs and the portion of the money collected which must be
paid to the courts or Department of Revenue for collection services are
appropriated from the fund to which the collected money is due.
(d) As determined by the state court
administrator, collection costs shall be added to the debts referred to a
public or private collection entity for collection.
Collection costs shall include the fees
of the collection entity, and may include, if separately provided, skip tracing
fees, credit bureau reporting charges, fees assessed by any public entity for
obtaining information necessary for debt collection, or other
collection-related costs. Collection
costs shall also include the costs of one or more court employees employed by
the state court administrator to provide a collection interface between the
collection entity, the Department of Revenue, and the courts.
If the collection entity collects an
amount less than the total due, the payment is applied proportionally to
collection costs and the underlying debt.
Collection costs in excess of collection agency fees and court employee
collection interface costs must be deposited in the general fund as
nondedicated receipts.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 31. Minnesota Statutes 2008, section 484.85, is
amended to read:
484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY
COUNTY DISTRICT COURT.
(a) In the event the Ramsey County
District Court takes jurisdiction of a prosecution for the violation of a
statute or ordinance by the state or a governmental subdivision other than a
city or town in Ramsey County, all fines, penalties, and forfeitures collected
shall be paid over to the county treasurer except where a different disposition
is
provided by law, and the following
fees shall be taxed to the state or governmental subdivision other than a city
or town within Ramsey County which would be entitled to payment of the fines,
forfeitures, or penalties in any case, and shall be paid to the administrator
of the court for disposal of the matter.
The administrator shall deduct the fees from any fine collected for the
state of Minnesota or a governmental subdivision other than a city or town
within Ramsey County and transmit the balance in accordance with the law, and
the deduction of the total of the fees each month from the total of all the
fines collected is hereby expressly made an appropriation of funds for payment
of the fees:
(1) in all cases where the defendant
is brought into court and pleads guilty and is sentenced, or the matter is
otherwise disposed of without a trial, $5;
(2) in arraignments where the
defendant waives a preliminary examination, $10;
(3) in all other cases where the
defendant stands trial or has a preliminary examination by the court, $15; and
(4) the court shall have the authority
to waive the collection of fees in any particular case.
(b) On or before the last day of each month,
the county treasurer shall pay over to the treasurer of the city of St. Paul
two-thirds of all fines, penalties, and forfeitures collected and to the
treasurer of each other municipality or subdivision of government in Ramsey
County one-half of all fines or penalties collected during the previous month
from those imposed for offenses committed within the treasurer's municipality
or subdivision of government in violation of a statute; an ordinance; or a
charter provision, rule, or regulation of a city. All other fines and forfeitures and all fees
and costs collected by the district court shall be paid to the treasurer of
Ramsey County, who shall dispense the same as provided by law.
(a) In all cases prosecuted in Ramsey
County District Court by an attorney for a municipality or subdivision of
government within Ramsey County for violation of a statute; an ordinance; or a
charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be forwarded to the
commissioner of finance and distributed according to this paragraph. Except where a different disposition is
provided by section 299D.03, subdivision 5, or other law, on or before the last
day of each month, the commissioner of finance shall pay over all fines,
penalties, and forfeitures collected by the court administrator during the
previous month as follows:
(1) for offenses committed within the
city of St. Paul, two-thirds paid to the treasurer of the city of St. Paul and
one-third deposited in the state treasury and credited to the general fund; and
(2) for offenses committed within any
other municipality or subdivision of government within Ramsey County, one-half
to the treasurer of the municipality or subdivision of government and one-half
deposited in the state treasury and credited to the general fund.
All other fines, penalties, and
forfeitures collected by the district court shall be forwarded to the
commissioner of finance, who shall distribute them as provided by law.
(b) Fines, penalties, and forfeitures
shall be distributed as provided in paragraph (a) when:
(1) a city contracts with the county
attorney for prosecutorial services under section 484.87, subdivision 3; or
(2) the attorney general provides
assistance to the city attorney under section 484.87, subdivision 5.
(c) The court administrator shall
provide the commissioner of finance with the name of the municipality or other
subdivision of government where the offense was committed and the total amount
of fines or penalties collected for each city, town, or other subdivision of
government, for the county, or for the state.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 32. Minnesota Statutes 2008, section 484.90,
subdivision 6, is amended to read:
Subd. 6. Allocation.
The court administrator shall
provide the county treasurer with the name of the municipality or other
subdivision of government where the offense was committed which employed or
provided by contract the arresting or apprehending officer and the name of the
municipality or other subdivision of government which employed the prosecuting
attorney or otherwise provided for prosecution of the offense for each fine or
penalty and the total amount of fines or penalties collected for each
municipality or other subdivision of government. On or before the last day of each month, the
county treasurer shall pay over to the treasurer of each municipality or
subdivision of government within the county all fines or penalties for parking
violations for which complaints and warrants have not been issued and one-third
of all fines or penalties collected during the previous month for offenses
committed within the municipality or subdivision of government from persons
arrested or issued citations by officers employed by the municipality or
subdivision or provided by the municipality or subdivision by contract. An additional one-third of all fines or
penalties shall be paid to the municipality or subdivision of government
providing prosecution of offenses of the type for which the fine or penalty is
collected occurring within the municipality or subdivision, imposed for
violations of state statute or of an ordinance, charter provision, rule, or
regulation of a city whether or not a guilty plea is entered or bail is
forfeited. Except as provided in section
299D.03, subdivision 5, or as otherwise provided by law, all other fines and
forfeitures and all fees and statutory court costs collected by the court
administrator shall be paid to the county treasurer of the county in which the
funds were collected who shall dispense them as provided by law. In a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), all other fines, forfeitures,
fees, and statutory court costs must be paid to the commissioner of finance for
deposit in the state treasury and credited to the general fund. (a) In
all cases prosecuted in district court by an attorney for a municipality or
other subdivision of government within the county for violations of state
statute, or of an ordinance; or charter provision, rule, or regulation of a
city; all fines, penalties, and forfeitures collected shall be forwarded to the
commissioner of finance and distributed according to this paragraph. Except where a different disposition is
provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law, on
or before the last day of each month, the commissioner of finance shall pay
over all fines, penalties, and forfeitures collected by the court administrator
during the previous month as follows:
(1) 100 percent of all fines or
penalties for parking violations for which complaints and warrants have not
been issued to the treasurer of the city or town in which the offense was
committed; and
(2) two-thirds of all other fines to
the treasurer of the city or town in which the offense was committed and
one-third deposited in the state treasury and credited to the general fund.
All other fines, penalties, and
forfeitures collected by the court administrator shall be forwarded to the
commissioner of finance, who shall distribute them as provided by law.
(b) Fines, penalties, and forfeitures
shall be distributed as provided in paragraph (a) when:
(1) a city contracts with the county
attorney for prosecutorial services under section 484.87, subdivision 3;
(2) a city has a population of 600 or
less and has given the duty to prosecute cases to the county attorney under
section 484.87; or
(3) the attorney general provides
assistance to the county attorney as permitted by law.
(c) The court administrator shall
provide the commissioner of finance with the name of the city, town, or other
subdivision of government where the offense was committed and the total amount
of fines or penalties collected for each city, town, or other subdivision of
government, for the county, or for the state.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 33. Minnesota Statutes 2008, section 491A.02,
subdivision 9, is amended to read:
Subd. 9. Judgment
debtor disclosure. Notwithstanding
any contrary provision in rule 518 of the Conciliation Court Rules, unless the
parties have otherwise agreed, if a conciliation court judgment or a judgment
of district court on removal from conciliation court has been docketed in
district court, the judgment creditor's attorney as an officer of the court
may or the district court in the county in which the judgment originated
shall, upon request of the judgment creditor, order the judgment debtor to mail
to the judgment creditor information as to the nature, amount, identity, and
locations of all the debtor's assets, liabilities, and personal earning. The information must be provided on a form
prescribed by the Supreme Court, and the information shall be sufficiently
detailed to enable the judgment creditor to obtain satisfaction of the judgment
by way of execution on nonexempt assets and earnings of the judgment
debtor. The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within
ten days after service of the order may result in a citation for civil contempt
of court. Cash bail posted as a result
of being cited for civil contempt of court order under this section may be
ordered payable to the creditor to satisfy the judgment, either partially or
fully.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 34. Minnesota Statutes 2008, section 525.091,
subdivision 1, is amended to read:
Subdivision 1. Original
documents. The court administrator
of any county upon order of the judge exercising probate jurisdiction may
destroy all the original documents in any probate proceeding of record in the
office five years after the file in such proceeding has been closed
provided the original or a Minnesota state archives commission approved
photographic, photostatic, microphotographic, microfilmed, or similarly
reproduced copy of the original of the following enumerated documents in the
proceeding are on file in the office.
Enumerated original documents:
(a) In estates, the jurisdictional
petition and proof of publication of the notice of hearing thereof; will and
certificate of probate; letters; inventory and appraisal; orders directing and
confirming sale, mortgage, lease, or for conveyance of real estate; order
setting apart statutory selection; receipts for federal estate taxes and state
estate taxes; orders of distribution and general protection; decrees of
distribution; federal estate tax closing letter, consent to discharge by
commissioner of revenue and order discharging representative; and any amendment
of the listed documents.
When an estate is deemed closed as
provided in clause (d) of this subdivision, the enumerated documents shall
include all claims of creditors.
(b) In guardianships or
conservatorships, the jurisdictional petition and order for hearing thereof
with proof of service; letters; orders directing and confirming sale, mortgage,
lease or for conveyance of real estate; order for restoration to capacity and
order discharging guardian; and any amendment of the listed documents.
(c) In mental, inebriety, and indigent
matters, the jurisdictional petition; report of examination; warrant of
commitment; notice of discharge from institution, or notice of death and order
for restoration to capacity; and any amendment of the listed documents.
(d) Except for the enumerated
documents described in this subdivision, the court administrator may destroy
all other original documents in any probate proceeding without retaining any
reproduction of the document. For the
purpose of this subdivision, a proceeding is deemed closed if no document has
been filed in the proceeding for a period of 15 years, except in the cases of
wills filed for safekeeping and those containing wills of decedents not
adjudicated upon.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 35. Minnesota Statutes 2008, section 549.09,
subdivision 1, is amended to read:
Subdivision 1. When
owed; rate. (a) When a judgment or
award is for the recovery of money, including a judgment for the recovery of
taxes, interest from the time of the verdict, award, or report until judgment
is finally entered shall be computed by the court administrator or arbitrator
as provided in paragraph (c) and added to the judgment or award.
(b) Except as otherwise provided by
contract or allowed by law, preverdict, preaward, or prereport interest on
pecuniary damages shall be computed as provided in paragraph (c) from the time
of the commencement of the action or a demand for arbitration, or the time of a
written notice of claim, whichever occurs first, except as provided
herein. The action must be commenced
within two years of a written notice of claim for interest to begin to accrue
from the time of the notice of claim. If
either party serves a written offer of settlement, the other party may serve a
written acceptance or a written counteroffer within 30 days. After that time, interest on the judgment or
award shall be calculated by the judge or arbitrator in the following
manner. The prevailing party shall
receive interest on any judgment or award from the time of commencement of the
action or a demand for arbitration, or the time of a written notice of claim,
or as to special damages from the time when special damages were incurred, if
later, until the time of verdict, award, or report only if the amount of its
offer is closer to the judgment or award than the amount of the opposing
party's offer. If the amount of the losing
party's offer was closer to the judgment or award than the prevailing party's
offer, the prevailing party shall receive interest only on the amount of the
settlement offer or the judgment or award, whichever is less, and only from the
time of commencement of the action or a demand for arbitration, or the time of
a written notice of claim, or as to special damages from when the special
damages were incurred, if later, until the time the settlement offer was
made. Subsequent offers and
counteroffers supersede the legal effect of earlier offers and
counteroffers. For the purposes of
clause (2), the amount of settlement offer must be allocated between past and
future damages in the same proportion as determined by the trier of fact. Except as otherwise provided by contract or
allowed by law, preverdict, preaward, or prereport interest shall not be
awarded on the following:
(1) judgments, awards, or benefits in
workers' compensation cases, but not including third-party actions;
(2) judgments or awards for future
damages;
(3) punitive damages, fines, or other
damages that are noncompensatory in nature;
(4) judgments or awards not in excess
of the amount specified in section 491A.01; and
(5) that portion of any verdict,
award, or report which is founded upon interest, or costs, disbursements,
attorney fees, or other similar items added by the court or arbitrator.
(c)(1) For a judgment or award of
$50,000 or less, the interest shall be computed as simple interest per
annum. The rate of interest shall be
based on the secondary market yield of one year United States Treasury bills,
calculated on a bank discount basis as provided in this section.
On or before the 20th day of December
of each year the state court administrator shall determine the rate from the
one-year constant maturity treasury yield for the most recent calendar month,
reported on a monthly basis in the latest statistical release of the board of
governors of the Federal Reserve System.
This yield, rounded to the nearest one percent, or four percent,
whichever is greater, shall be the annual interest rate during the succeeding
calendar year. The state court
administrator shall communicate the interest rates to the court administrators
and sheriffs for use in computing the interest on verdicts and shall make the
interest rates available to arbitrators.
(2) For a judgment or award over
$50,000, the interest rate shall be ten percent per year.
(3) When a judgment creditor, or the
judgment creditor's attorney or agent, has received a payment after entry of
judgment, whether the payment is made voluntarily by or on behalf of the
judgment debtor, or is collected by legal process other than execution levy
where a proper return has been filed with the court administrator, the judgment
creditor, or the judgment creditor's attorney, before applying to the court
administrator for an execution shall file with the court administrator an
affidavit of partial satisfaction. The
affidavit must state the dates and amounts of payments made upon the judgment
after the most recent affidavit of partial satisfaction filed, if any; the part
of each payment that is applied to taxable disbursements and to accrued
interest and to the unpaid principal balance of the judgment; and the accrued,
but the unpaid interest owing, if any, after application of each payment.
(d) This section does not apply to
arbitrations between employers and employees under chapter 179 or 179A. An arbitrator is neither required to nor
prohibited from awarding interest under chapter 179 or under section 179A.16
for essential employees.
EFFECTIVE DATE. This section is
effective August 1, 2009, and applies to judgments and awards finally entered
on or after that date.
Sec. 36. Minnesota Statutes 2008, section 550.011, is
amended to read:
550.011 JUDGMENT DEBTOR DISCLOSURE.
Unless the parties have otherwise
agreed, if a judgment has been docketed in district court for at least 30 days,
and the judgment is not satisfied, the judgment creditor's attorney as an
officer of the court may or the district court in the county in which the
judgment originated shall, upon request of the judgment creditor, order the
judgment debtor to mail by certified mail to the judgment creditor information
as to the nature, amount, identity, and locations of all the debtor's assets,
liabilities, and personal earnings. The
information must be provided on a form prescribed by the Supreme Court, and the
information shall be sufficiently detailed to enable the judgment creditor to
obtain satisfaction of the judgment by way of execution on nonexempt assets and
earnings of the judgment debtor. The
order must contain a notice that failure to complete the form and mail it to
the judgment creditor within ten days after service of the order may result in
a citation for civil contempt of court.
Cash bail posted as a result of being cited for civil contempt of court
order under this section may be ordered payable to the creditor to satisfy the
judgment, either partially or fully.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 37. Minnesota Statutes 2008, section 609.035,
subdivision 2, is amended to read:
Subd. 2. Consecutive
sentences. (a) When a person is
being sentenced for a violation of a provision listed in paragraph (e), the
court may sentence the person to a consecutive term of imprisonment for a
violation of any other provision listed in paragraph (e), notwithstanding the
fact that the offenses arose out of the same course of conduct, subject to the
limitation on consecutive sentences contained in section 609.15, subdivision 2,
and except as provided in paragraphs (b), (c), and (f) of this subdivision.
(b) When a person is being sentenced
for a violation of section 171.09, 171.20, 171.24, or 171.30, the court may not
impose a consecutive sentence for another violation of a provision in chapter
171.
(c) When a person is being sentenced
for a violation of section 169.791 or 169.797, the court may not impose a
consecutive sentence for another violation of a provision of sections 169.79 to
169.7995.
(d) This subdivision does not limit
the authority of the court to impose consecutive sentences for crimes arising
on different dates or to impose a consecutive sentence when a person is being
sentenced for a crime and is also in violation of the conditions of a stayed or
otherwise deferred sentence under section 609.135.
(e) This subdivision applies to
misdemeanor and gross misdemeanor violations of the following if the offender
has two or more prior impaired driving convictions as defined in section 169A.03
within the past ten years:
(1) section 169A.20, subdivision 1,
1a, 1b, or 1c, driving while impaired;
(2) section 169A.20, subdivision 2,
test refusal;
(3) section 169.791, failure to
provide proof of insurance;
(4) section 169.797, failure to
provide vehicle insurance;
(5) section 171.09, violation of
condition of restricted license;
(6) section 171.20, subdivision 2,
operation after revocation, suspension, cancellation, or disqualification;
(7) section 171.24, driving without
valid license; and
(8) section 171.30, violation of
condition of limited license.
(f) When a court is sentencing an
offender for a violation of section 169A.20 and a violation of an offense
listed in paragraph (e), and the offender has five or more qualified prior
impaired driving incidents, as defined in section 169A.03, within the past ten
years, the court shall sentence the offender to serve consecutive sentences for
the offenses, notwithstanding the fact that the offenses arose out of the same
course of conduct.
Sec. 38. Minnesota Statutes 2008, section 609.10,
subdivision 1, is amended to read:
Subdivision 1. Sentences
available. (a) Upon
conviction of a felony and compliance with the other provisions of this chapter
the court, if it imposes sentence, may sentence the defendant to the extent
authorized by law as follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term
of years set by the court; or
(3) to both imprisonment for a fixed
term of years and payment of a fine; or
(4) to payment of a fine without
imprisonment or to imprisonment for a fixed term of years if the fine is not
paid or as an intermediate sanction on a stayed sentence; or
(5) to payment of court-ordered
restitution in addition to either imprisonment or payment of a fine, or both;
or
(6) to payment of a local
correctional fee as authorized under section 609.102 in addition to any other
sentence imposed by the court.
(b) If the court imposes a fine or
orders restitution under paragraph (a), payment is due on the date imposed
unless the court otherwise establishes a due date or a payment plan.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 39. Minnesota Statutes 2008, section 609.101,
subdivision 4, is amended to read:
Subd. 4. Minimum
fines; other crimes. Notwithstanding
any other law:
(1) when a court sentences a person
convicted of a felony that is not listed in subdivision 2 or 3, it must impose
a fine of not less than 30 percent of the maximum fine authorized by law nor
more than the maximum fine authorized by law; and
(2) when a court sentences a person
convicted of a gross misdemeanor or misdemeanor that is not listed in
subdivision 2, it must impose a fine of not less than 30 percent of the maximum
fine authorized by law nor more than the maximum fine authorized by law, unless
the fine is set at a lower amount on a uniform fine schedule established by
the Judicial Council in consultation with affected state and local
agencies. This schedule shall be promulgated
not later than September 1 of each year and shall become effective on January 1
of the next year unless the legislature, by law, provides otherwise
according to section 609.1315.
The minimum fine required by this
subdivision is in addition to the surcharge or assessment required by section
357.021, subdivision 6, and is in addition to any sentence of imprisonment or
restitution imposed or ordered by the court.
The court shall collect the fines
mandated in this subdivision and, except for fines for traffic and motor
vehicle violations governed by section 169.871 and section 299D.03 and fish and
game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 40. [609.104]
FINE AND SURCHARGE COLLECTION.
Subdivision 1.
Failure to pay restitution or
fine. (a) Any portion of a
fine, surcharge, court cost, restitution, or fee that the defendant fails to
pay by the due date may be referred for collection under section 480.15,
subdivision 10c. If the defendant
has agreed to a payment plan but fails to pay an installment when due, the
entire amount remaining becomes due and payable and may be referred for collection
under section 480.15, subdivision 10c.
(b) The defendant may contest the
referral for collection based on inability to pay by requesting a hearing no
later than the due date. The defendant
shall be notified in writing at sentencing that under section 480.15,
subdivision 10c, the court may refer the case for collection for nonpayment,
and collection costs may be added to the amount due. The defendant shall also be notified in
writing of the right to contest a referral for collection. The state court administrator shall develop
the notice language.
Subd. 2.
Fine and surcharge collection. (a) A defendant's obligation to pay
court-ordered fines, surcharges, court costs, restitution, and fees shall
survive after the due date for a period set by the Judicial Council.
(b) Any change in the collection
period established by the Judicial Council shall be effective on court-ordered
fines, surcharges, court costs, restitution, and fees imposed on or after the
effective date of this section.
(c) The period relating to a
defendant's obligation to pay restitution under paragraph (a) does not limit
the victim's right to collect restitution through other means such as a civil
judgment.
(d) Nothing in this subdivision
extends the period of a defendant's stay of sentence imposition or execution.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 41. Minnesota Statutes 2008, section 609.125,
subdivision 1, is amended to read:
Subdivision 1. Sentences
available. (a) Upon
conviction of a misdemeanor or gross misdemeanor the court, if sentence is
imposed, may, to the extent authorized by law, sentence the defendant:
(1) to imprisonment for a definite
term; or
(2) to payment of a fine, or to
imprisonment for a specified term if the fine is not paid without
imprisonment or as an intermediate sanction on a stayed sentence; or
(3) to both imprisonment for a
definite term and payment of a fine; or
(4) to payment of court-ordered
restitution in addition to either imprisonment or payment of a fine, or both;
or
(5) to payment of a local
correctional fee as authorized under section 609.102 in addition to any other
sentence imposed by the court; or
(6) to perform work service in a
restorative justice program in addition to any other sentence imposed by the court.
(b) If the court imposes a fine or
orders restitution under paragraph (a), payment is due on the date imposed
unless the court otherwise establishes a due date or a payment plan.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 42. Minnesota Statutes 2008, section 609.131,
subdivision 3, is amended to read:
Subd. 3. Use of
conviction for enhancement.
Notwithstanding any other law, a conviction for a violation that was
originally charged as a misdemeanor and was treated as a petty misdemeanor
under subdivision 1 or the Rules of Criminal Procedure, or was treated as a
petty misdemeanor by inclusion on the uniform fine schedule, may not be
used as the basis for charging a subsequent violation as a gross misdemeanor
rather than a misdemeanor.
EFFECTIVE DATE. This section is
effective August 1, 2009, and applies to violations committed on or after that
date.
Sec. 43. [609.1315]
UNIFORM FINE SCHEDULE.
Subdivision 1.
Establishment and effective
date. The Judicial Council
shall establish a uniform fine schedule in consultation with affected state and
local agencies. The uniform fine
schedule may include petty misdemeanor and misdemeanor offenses, but shall not
include targeted misdemeanors as defined in section 299C.10. The uniform fine schedule shall set a fine
that may be paid for each offense in lieu of a court appearance. The uniform fine schedule and any
modifications shall be submitted to the legislature for approval by January 1 of
each year and shall become effective on July 1 of that year unless the
legislature, by law, provides otherwise.
Subd. 2.
Effect on misdemeanor
offenses. Any misdemeanors
included on the uniform fine schedule shall be treated as petty misdemeanors,
unless on the third or subsequent offense the charge is brought by a formal
complaint or, for offenses committed under chapter 169, the violation was
committed in a manner or under circumstances so as to endanger or be likely to
endanger any person or property. Nothing
in this subdivision limits the authority of a peace officer to make an arrest
for offenses included on the uniform fine schedule. Nothing in this section limits the operation
of section 169.89, subdivision 1. This
subdivision expires on July 1, 2011.
Subd. 3.
Notice. A defendant must be advised in writing
that payment of the fine for an offense on the uniform fine schedule
constitutes a plea of guilty, waiver of the right to trial, and waiver of the
right to counsel.
EFFECTIVE DATE. Subdivision 2 is
effective July 1, 2009, and applies to acts committed on or after that date.
Sec. 44. Minnesota Statutes 2008, section 609.135,
subdivision 1, is amended to read:
Subdivision 1. Terms
and conditions. (a) Except when a
sentence of life imprisonment is required by law, or when a mandatory minimum
sentence is required by section 609.11, any court may stay imposition or
execution of sentence and:
(1) may order intermediate sanctions
without placing the defendant on probation; or
(2) may place the defendant on
probation with or without supervision and on the terms the court prescribes,
including intermediate sanctions when practicable. The court may order the supervision to be
under the probation officer of the court, or, if there is none and the
conviction is for a felony or gross misdemeanor, by the commissioner of
corrections, or in any case by some other suitable and consenting person. Unless the court directs otherwise, state
parole and probation agents and probation officers may impose community work
service or probation violation sanctions, consistent with section 243.05,
subdivision 1; sections 244.196 to 244.199; or 401.02, subdivision 5.
No intermediate sanction may be
ordered performed at a location that fails to observe applicable requirements
or standards of chapter 181A or 182, or any rule promulgated under them.
(b) For purposes of this subdivision,
subdivision 6, and section 609.14, the term "intermediate sanctions"
includes but is not limited to incarceration in a local jail or workhouse, home
detention, electronic monitoring, intensive probation, sentencing to service,
reporting to a day reporting center, chemical dependency or mental health
treatment or counseling, restitution, fines, day-fines, community work service,
work service in a restorative justice program, work in lieu of or to work off
fines and, with the victim's consent, work in lieu of or to work off
restitution.
(c) A court may not stay the
revocation of the driver's license of a person convicted of violating the
provisions of section 169A.20.
(d) If the court orders a fine,
day-fine, or restitution as an intermediate sanction, payment is due on the
date imposed unless the court otherwise establishes a due date or a payment
plan.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 45. Minnesota Statutes 2008, section 609.135,
subdivision 1a, is amended to read:
Subd. 1a. Failure
to pay restitution or fine.
If the court orders payment of restitution or a fine as a
condition of probation and if the defendant fails to pay the restitution or
a fine in accordance with the payment schedule or structure established by
the court or the probation officer, the prosecutor or the defendant's probation
officer may, on the prosecutor's or the officer's own motion or at the request
of the victim, ask the court to hold a hearing to determine whether or not the
conditions of probation should be changed or probation should be revoked. The defendant's probation officer shall ask
for the hearing if the restitution or fine ordered has not been paid
prior to 60 days before the term of probation expires. The court shall schedule and hold this
hearing and take appropriate action, including action under subdivision 2,
paragraph (g), before the defendant's term of probation expires.
Nothing in this subdivision limits the
court's ability to refer the case to collections under section 609.104 when a
defendant fails to pay court-ordered restitution.
EFFECTIVE DATE. This section is effective
July 1, 2009.
Sec. 46. Minnesota Statutes 2008, section 609.135,
subdivision 2, is amended to read:
Subd. 2. Stay
of sentence maximum periods. (a) If
the conviction is for a felony other than section 609.21, subdivision 1a,
paragraph (b) or (c), the stay shall be for not more than four years or the
maximum period for which the sentence of imprisonment might have been imposed,
whichever is longer.
(b) If the conviction is for a gross
misdemeanor violation of section 169A.20 or 609.21, subdivision 1a, paragraph
(d), or for a felony described in section 609.21, subdivision 1a, paragraph (b)
or (c), the stay shall be for not more than six years. The court shall provide for unsupervised
probation for the last year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the last year.
(c) If the conviction is for a gross
misdemeanor not specified in paragraph (b), the stay shall be for not more than
two years.
(d) If the conviction is for any
misdemeanor under section 169A.20; 609.746, subdivision 1; 609.79; or 617.23;
or for a misdemeanor under section 609.2242 or 609.224, subdivision 1, in which
the victim of the crime was a family or household member as defined in section
518B.01, the stay shall be for not more than two years. The court shall provide for unsupervised
probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.
(e) If the conviction is for a misdemeanor
not specified in paragraph (d), the stay shall be for not more than one year.
(f) The defendant shall be discharged
six months after the term of the stay expires, unless the stay has been revoked
or extended under paragraph (g), or the defendant has already been discharged.
(g) Notwithstanding the maximum
periods specified for stays of sentences under paragraphs (a) to (f), a court
may extend a defendant's term of probation for up to one year if it finds, at a
hearing conducted under subdivision 1a, that:
(1) the defendant has not paid
court-ordered restitution or a fine in accordance with the payment
schedule or structure; and
(2) the defendant is likely to not
pay the restitution or fine the defendant owes before the term of
probation expires.
This one-year extension of probation
for failure to pay restitution or a fine may be extended by the court
for up to one additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the court-ordered
restitution or fine that the defendant owes.
Nothing in this subdivision limits
the court's ability to refer the case to collections under section 609.104.
(h) Notwithstanding the maximum
periods specified for stays of sentences under paragraphs (a) to (f), a court
may extend a defendant's term of probation for up to three years if it finds,
at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to
complete court-ordered treatment successfully; and
(2) the defendant is likely not to
complete court-ordered treatment before the term of probation expires.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 47. Minnesota Statutes 2008, section 611.17, is
amended to read:
611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT; STANDARDS FOR DISTRICT
PUBLIC DEFENSE ELIGIBILITY.
(a) Each judicial district must
screen requests for representation by the district public defender. A defendant is financially unable to obtain
counsel if:
(1) the defendant, or any dependent of
the defendant who resides in the same household as the defendant, receives
means-tested governmental benefits; or
(2) the defendant, through any
combination of liquid assets and current income, would be unable to pay the
reasonable costs charged by private counsel in that judicial district for a
defense of the same matter.
(b) Upon a request for the
appointment of counsel, the court shall make appropriate inquiry into the
financial circumstances of the applicant, who shall submit a financial
statement under oath or affirmation setting forth the applicant's assets and
liabilities, including the value of any real property owned by the applicant,
whether homestead or otherwise, less the amount of any encumbrances on the real
property, the source or sources of income, and any other information required
by the court. The applicant shall be
under a continuing duty while represented by a public defender to disclose any
changes in the applicant's financial circumstances that might be relevant to
the applicant's eligibility for a public defender. The state public defender shall furnish
appropriate forms for the financial statements.
The forms must contain conspicuous notice of the applicant's continuing
duty to disclose to the court changes in the applicant's financial
circumstances. The forms must also
contain conspicuous notice of the applicant's obligation to make a co-payment
for the services of the district public defender, as specified under paragraph
(c). The information contained in the
statement shall be confidential and for the exclusive use of the court and the
public defender appointed by the court to represent the applicant except for
any prosecution under section 609.48. A
refusal to execute the financial statement or produce financial records constitutes
a waiver of the right to the appointment of a public defender. The court shall not appoint a district public
defender to a defendant who is financially able to retain private counsel but
refuses to do so.
An inquiry to determine financial
eligibility of a defendant for the appointment of the district public defender
shall be made whenever possible prior to the court appearance and by such
persons as the court may direct. This
inquiry may be combined with the prerelease investigation provided for in
Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In no case shall the district public defender
be required to perform this inquiry or investigate the defendant's assets or
eligibility. The court has the sole duty
to conduct a financial inquiry. The
inquiry must include the following:
(1) the liquidity of real estate
assets, including the defendant's homestead;
(2) any assets that can be readily
converted to cash or used to secure a debt;
(3) the determination of whether the
transfer of an asset is voidable as a fraudulent conveyance; and
(4) the value of all property
transfers occurring on or after the date of the alleged offense. The burden is on the accused to show that he
or she is financially unable to afford counsel.
Defendants who fail to provide information necessary to determine
eligibility shall be deemed ineligible.
The court must not appoint the district public defender as advisory
counsel.
(c) Upon disposition of the case, an
individual who has received public defender services shall pay to the court a $28
$75 co-payment for representation provided by a public defender, unless
the co-payment is, or has been, waived by the court.
The co-payment must be credited to the
general fund. If a term of probation is
imposed as a part of an offender's sentence, the co-payment required by this
section must not be made a condition of probation. The co-payment required by this section is a
civil obligation and must not be made a condition of a criminal sentence.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 48. Minnesota Statutes 2008, section 631.48, is
amended to read:
631.48 SENTENCE; COSTS OF PROSECUTION.
In a criminal action, upon conviction
of the defendant, the court may order as part of the sentence that defendant
shall pay the whole or any part of the disbursements of the prosecution,
including disbursements made to extradite a defendant. The court may order this payment in addition
to any other penalty authorized by law which it may impose. The payment of the disbursements of
prosecution may be enforced in the same manner as the sentence, or by execution
against property. When collected, the
disbursements must be paid into the treasury of the county of conviction,
but of ordered prosecution costs shall be paid to the municipality or
subdivision of government which employed the prosecuting attorney or otherwise
provided for prosecution of the case. This
payment may not interfere with the payment of officers', witnesses', or jurors'
fees.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 49. PUBLIC
DEFENDER FEE; PUBLIC DEFENDER FEE ACCOUNT.
Subdivision 1.
Creation of fee. The state court administrator, through the
lawyer registration office, may assess a public defender fee on each licensed
attorney in the state. The fee must be
equal to or greater than the civil legal services fee that licensed attorneys
are required to pay pursuant to the rules of the Supreme Court on lawyer
registration.
Subd. 2.
Creation of account. A public defender fee account is created
in the special revenue fund. The public
defender fee is deposited in the public defender fee account in the special
revenue fund. The amounts in the account
are appropriated to the Board of Public Defense.
Subd. 3.
Purpose of account. The purpose of the public defender fee
account is to provide funding for the Board of Public Defense.
Subd. 4.
Prohibition on nonpublic
defender transfers from account.
Notwithstanding any law to the contrary, money in the public defender
fee account shall be appropriated solely for the purpose of funding the Board
of Public Defense.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 50. REPEALER.
Minnesota Statutes 2008, sections
152.025, subdivision 3; 152.0262, subdivision 2; 484.90, subdivisions 1, 2, and
3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135, subdivision 8, are
repealed.
EFFECTIVE DATE. This section is
effective July 1, 2009.
ARTICLE 3
PUBLIC SAFETY AND CORRECTIONS
Section 1. Minnesota Statutes 2008, section 152.025,
subdivision 3, is amended to read:
Subd. 3. Penalty. (a) A person convicted under subdivision 1 or
2 may be sentenced to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both.
(b) If the conviction is a subsequent
controlled substance conviction, a person convicted under subdivision 1 or 2
shall be committed to the commissioner of corrections or to a local
correctional authority for not less than six months nor more than ten years
and, in addition, may be sentenced to payment of a fine of not more than
$20,000. Prior to the time of
sentencing, the prosecutor may file a motion to have the person sentenced
without regard to the mandatory minimum sentence established by this paragraph. The motion must be accompanied by a statement
on the record of the reasons for it.
When presented with the motion, or on its own motion, the court may
sentence the person without regard to the mandatory minimum sentence if the
court finds, on the record, substantial and compelling reasons to do so. Sentencing a person in this manner is a
departure from the sentencing guidelines.
EFFECTIVE DATE. This section is
effective August 1, 2009, and applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2008, section 171.29,
subdivision 2, is amended to read:
Subd. 2. Reinstatement
fees and surcharges allocated and appropriated. (a) An individual whose driver's license has
been revoked as provided in subdivision 1, except under section 169A.52,
169A.54, or 609.21, must pay a $30 fee before the driver's license is
reinstated.
(b) A person whose driver's license
has been revoked as provided in subdivision 1 under section 169A.52, 169A.54,
or 609.21, must pay a $250 fee plus a $430 surcharge before the driver's
license is reinstated, except as provided in paragraph (f). The $250 fee is to be credited as follows:
(1) Twenty percent must be credited to
the driver services operating account in the special revenue fund as specified
in section 299A.705.
(2) Sixty-seven percent must be
credited to the general fund.
(3) Eight percent must be credited to
a separate account to be known as the Bureau of Criminal Apprehension
account. Money in this account may be
is annually appropriated to the commissioner of public safety and the
appropriated amount must be apportioned 80 percent for laboratory costs and 20
percent for carrying out the provisions of section 299C.065.
(4) Five percent must be credited to a
separate account to be known as the vehicle forfeiture account, which is
created in the special revenue fund. The
money in the account is annually appropriated to the commissioner for costs of
handling vehicle forfeitures.
(c) The revenue from $50 of the
surcharge must be credited to a separate account to be known as the traumatic
brain injury and spinal cord injury account.
The revenue from $50 of the surcharge on a reinstatement under paragraph
(f) is credited from the first installment payment to the traumatic brain
injury and spinal cord injury account.
The money in the account is annually appropriated to the commissioner of
health to be used as follows: 83 percent
for contracts with a qualified community-based organization to provide
information, resources, and support to assist persons with traumatic brain
injury and their families to access services, and 17 percent to maintain the
traumatic brain injury and spinal cord injury registry created in section
144.662. For the purposes of this
paragraph, a "qualified community-based organization" is a private,
not-for-profit organization of consumers of traumatic brain injury services and
their family members. The organization
must be registered with the United States Internal Revenue Service under
section 501(c)(3) as a tax-exempt organization and must have as its purposes:
(1) the promotion of public, family,
survivor, and professional awareness of the incidence and consequences of
traumatic brain injury;
(2) the provision of a network of
support for persons with traumatic brain injury, their families, and friends;
(3) the development and support of
programs and services to prevent traumatic brain injury;
(4) the establishment of education
programs for persons with traumatic brain injury; and
(5) the empowerment of persons with
traumatic brain injury through participation in its governance.
A patient's name, identifying
information, or identifiable medical data must not be disclosed to the
organization without the informed voluntary written consent of the patient or
patient's guardian or, if the patient is a minor, of the parent or guardian of
the patient.
(d) The remainder of the surcharge
must be credited to a separate account to be known as the remote electronic
alcohol-monitoring program account. The
commissioner shall transfer the balance of this account to the commissioner of
finance on a monthly basis for deposit in the general fund.
(e) When these fees are collected by
a licensing agent, appointed under section 171.061, a handling charge is
imposed in the amount specified under section 171.061, subdivision 4. The reinstatement fees and surcharge must be
deposited in an approved depository as directed under section 171.061,
subdivision 4.
(f) A person whose driver's license
has been revoked as provided in subdivision 1 under section 169A.52 or 169A.54
and who the court certifies as being financially eligible for a public defender
under section 611.17, may choose to pay 50 percent and an additional $25 of the
total amount of the surcharge and 50 percent of the fee required under
paragraph (b) to reinstate the person's driver's license, provided the person
meets all other requirements of reinstatement.
If a person chooses to pay 50 percent of the total and an additional
$25, the driver's license must expire after two years. The person must pay an additional 50 percent
less $25 of the total to extend the license for an additional two years,
provided the person is otherwise still eligible for the license. After this final payment of the surcharge and
fee, the license may be renewed on a standard schedule, as provided under
section 171.27. A handling charge may be
imposed for each installment payment.
Revenue from the handling charge is credited to the driver services
operating account in the special revenue fund and is appropriated to the
commissioner.
(g) Any person making installment
payments under paragraph (f), whose driver's license subsequently expires, or
is canceled, revoked, or suspended before payment of 100 percent of the
surcharge and fee, must pay the outstanding balance due for the initial
reinstatement before the driver's license is subsequently reinstated. Upon payment of the outstanding balance due
for the initial reinstatement, the person may pay any new surcharge and fee
imposed under paragraph (b) in installment payments as provided under paragraph
(f).
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 3. Minnesota Statutes 2008, section 241.016, subdivision
1, is amended to read:
Subdivision 1. Biennial
report. (a) The Department of
Corrections shall submit a performance report to the chairs and ranking
minority members of the senate and house of representatives committees and
divisions having jurisdiction over criminal justice funding by January 15,
2005, and every other year thereafter.
The issuance and content of the report must include the following:
(1) department strategic mission,
goals, and objectives;
(2) the department-wide per diem,
adult facility-specific per diems, and an average per diem, reported in a
standard calculated method as outlined in the departmental policies and
procedures;
(3) department annual statistics as
outlined in the departmental policies and procedures; and
(4) information about prison-based
mental health programs, including, but not limited to, the availability of
these programs, participation rates, and completion rates.
(b) The department shall maintain
recidivism rates for adult facilities on an annual basis. In addition, each year the department shall,
on an alternating basis, complete a recidivism analysis of adult facilities,
juvenile services, and the community services divisions and include a
three-year recidivism analysis in the report described in paragraph (a). The recidivism analysis must: (1) assess education programs, vocational
programs, treatment programs, including mental health programs, industry, and
employment; and (2) assess statewide re-entry policies and funding, including
postrelease treatment, education, training, and supervision. In addition, when reporting recidivism for
the department's adult and juvenile facilities, the department shall report on
the extent to which offenders it has assessed as chemically dependent commit
new offenses, with separate recidivism rates reported for persons completing
and not completing the department's treatment programs.
(c) By August 31 of each odd-numbered
year, the commissioner must present to the legislature a report that lists and
describes the performance measures and targets the department will include in
the biennial performance report. The
measures and targets must include a budget target for the next two years and a
history of the department's performance for the previous five years. At a minimum, the report must include
measures and targets for the data and information identified in paragraphs (a)
and (b) regarding per diem, statistics, inmate programming, and recidivism, and
the following:
(1) average statutory per diem for
adult offenders, female offenders, and juvenile offenders;
(2) community corrections;
(3) staffing and salaries for both
department divisions and institutions;
(4) the use of private and local
institutions to house persons committed to the commissioner;
(5) the cost of inmate health and
dental care;
(6) implementation and use of
corrections best practices; and
(7) the challenge incarceration
program.
EFFECTIVE DATE. This section is
effective June 1, 2009.
Sec. 4. Minnesota Statutes 2008, section 244.055, subdivision
2, is amended to read:
Subd. 2. Conditional
release of certain nonviolent controlled substance offenders. An offender who has been committed to the
commissioner's custody may petition the commissioner for conditional release
from prison before the offender's scheduled supervised release date or target
release date if:
(1) the offender is serving a
sentence for violating section 152.021, subdivision 2 or 2a; 152.022,
subdivision 2; 152.023; 152.024; or 152.025;
(2) the offender committed the crime
as a result of a controlled substance addiction, and not primarily for profit;
(3) the offender has served at least
36 months or one-half of the offender's term of imprisonment, whichever is less;
(4) the offender successfully
completed a chemical dependency treatment program of the type described in this
section while in prison;
(5) the offender has not previously
been conditionally released under this section; and
(6) the offender has not within the
past ten years been convicted or adjudicated delinquent for a violent crime as
defined in section 609.1095 other than the current conviction for the
controlled substance offense; and
(7) the offender has access upon
release to aftercare, community-based chemical dependency treatment, and
housing.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 5. Minnesota Statutes 2008, section 244.055,
subdivision 11, is amended to read:
Subd. 11. Sunset. This section expires July 1, 2009
2011.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 6. Minnesota Statutes 2008, section 299A.01,
subdivision 1a, is amended to read:
Subd. 1a. Mission;
efficiency. It is part of the
department's mission that within the department's resources the commissioner
shall endeavor to:
(1) prevent the waste or unnecessary
spending of public money;
(2) use innovative fiscal and human
resource practices to manage the state's resources and operate the department
as efficiently as possible;
(3) coordinate the department's
activities wherever appropriate with the activities of other governmental
agencies;
(4) use technology where appropriate
to increase agency productivity, improve customer service, increase public
access to information about government, and increase public participation in
the business of government;
(5) utilize constructive and
cooperative labor-management practices to the extent otherwise required by
chapters 43A and 179A; and
(6) report to the legislature on the
performance of agency operations and the accomplishment of agency goals in the
agency's biennial budget according to section 16A.10, subdivision 1; and
(7) (6) recommend to the legislature
appropriate changes in law necessary to carry out the mission and improve the
performance of the department.
Sec. 7. Minnesota Statutes 2008, section 299A.01, is
amended by adding a subdivision to read:
Subd. 1c.
Performance report;
performance measures and targets.
(a) The commissioner, as part of the department's mission and within
the department's resources, shall report to the legislature on the performance
of agency operations and the accomplishment of agency goals in the agency's
biennial budget according to paragraph (b) and section 16A.10, subdivision
1. The purpose of the report is to
determine the extent to which each program is accomplishing the program's
mission, goals, and objectives.
The report may address:
(1) factors that limited or delayed
achievement of objectives or goals;
(2) resources used or saved and
efficiencies achieved in reaching program objectives and goals;
(3) information from customers and
partners of the agency regarding the quality of service and effectiveness of
the agency and the agency's programs;
(4) recommendations on elimination of
unnecessary or obsolete mandated reports; and
(5) major cases, events, or
circumstances that required an agency response.
(b) By June 30 of each odd-numbered
year, the commissioner must present to the legislature a report that states the
mission, goals, and objectives of each program and lists and describes the performance
measures and targets the department will include in the performance report
required under paragraph (a). The report
must include information on how program goals and objectives were created and
who participated in formulating them.
The measures and targets must include a history of the department's
performance for the previous five years.
At a minimum, the report must include measures and targets for the
following:
(1) staffing and salaries for
divisions within the agency;
(2) caseloads and responsibilities of
Bureau of Criminal Apprehension agents;
(3) development and funding of the
Allied Radio Matrix for Emergency Response (ARMER);
(4) grant programs administered under
the Office of Justice Programs and Homeland Security and Emergency Management;
(5) receipt and expenditure of federal
grant funds;
(6) expenditure of the fire safety
insurance surcharge;
(7) emergency preparedness;
(8) crime lab operations; and
(9) assistance provided to crime
victims.
EFFECTIVE DATE. This section is
effective June 1, 2009.
Sec. 8. Minnesota Statutes 2008, section 403.11,
subdivision 1, is amended to read:
Subdivision 1. Emergency
telecommunications service fee; account.
(a) Each customer of a wireless or wire-line switched or packet-based
telecommunications service provider connected to the public switched telephone
network that furnishes service capable of originating a 911 emergency telephone
call is assessed a fee based upon the number of wired or wireless telephone
lines, or their equivalent, to cover the costs of ongoing maintenance and
related improvements for trunking and central office switching equipment for
911 emergency telecommunications service, to offset administrative and staffing
costs of the commissioner related to managing the 911 emergency
telecommunications service program, to make distributions provided for in
section 403.113, and to offset the costs, including administrative and
staffing costs, incurred by the State Patrol Division of the Department of
Public Safety in handling 911 emergency calls made from wireless phones, and
for any other purpose the commissioner determines is related to the effective
operation of the emergency telecommunications system in the state.
(b) Money remaining in the 911
emergency telecommunications service account after all other obligations are
paid must not cancel and is carried forward to subsequent years and may be
appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency
telecommunications services. The
improvements may include providing access to 911 service for telecommunications
service subscribers currently without access and upgrading existing 911 service
to include automatic number identification, local location identification,
automatic location identification, and other improvements specified in revised
county 911 plans approved by the commissioner.
(c) The fee may not be less than
eight cents nor more than 65 cents a month until June 30, 2008, not less than
eight cents nor more than 75 cents a month until June 30, 2009, not less than
eight cents nor more than 85 cents a month until June 30, 2010, and not less
than eight cents nor more than 95 cents a month on or after July 1, 2010, for
each customer access line or other basic access service, including trunk
equivalents as designated by the Public Utilities Commission for access charge
purposes and including wireless telecommunications services. With the approval of the commissioner of
finance, the commissioner of public safety shall establish the amount of the
fee within the limits specified and inform the companies and carriers of the
amount to be collected. When the revenue
bonds authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on
the bonds is no longer needed. The
commissioner shall provide companies and carriers a minimum of 45 days' notice
of each fee change. The fee must be the
same for all customers.
(d) The fee must be collected by each
wireless or wire-line telecommunications service provider subject to the
fee. Fees are payable to and must be
submitted to the commissioner monthly before the 25th of each month following
the month of collection, except that fees may be submitted quarterly if less
than $250 a month is due, or annually if less than $25 a month is due. Receipts must be deposited in the state
treasury and credited to a 911 emergency telecommunications service account in
the special revenue fund. The money in
the account may only be used for 911 telecommunications services.
(e) This subdivision does not apply
to customers of interexchange carriers.
(f) The installation and recurring
charges for integrating wireless 911 calls into enhanced 911 systems are
eligible for payment by the commissioner if the 911 service provider is
included in the statewide design plan and the charges are made pursuant to
contract.
(g) Competitive local exchanges
carriers holding certificates of authority from the Public Utilities Commission
are eligible to receive payment for recurring 911 services.
(h) The revisions made to paragraph
(a) in 2009 expire on June 30, 2011.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 9. Minnesota Statutes 2008, section 609.105,
subdivision 1, is amended to read:
Subdivision 1. Sentence
to less than 180 days more than one year. In A felony sentence to imprisonment,
when the remaining term of imprisonment is for 180 days or less, the
defendant more than one year shall be committed commit the
defendant to the custody of the commissioner of corrections and must
serve the remaining term of imprisonment at a workhouse, work farm, county
jail, or other place authorized by law.
EFFECTIVE DATE. This section is
effective July 1, 2009, and applies to offenders sentenced on or after that date.
Sec. 10. COUNTY-BASED
REVOCATION CENTER PILOT PROJECT; REPORT.
(a) Dodge, Fillmore, Olmsted, and
Ramsey Counties and Tri-county and Hennepin Community Corrections, and any other
county or community corrections department that requests to participate shall
develop a proposal for a pilot project for a secure residential center and
supervision of persons facing revocation of their supervised release or
execution of a stayed prison sentence.
The proposal must address the care, custody, and programming for
offenders assigned to the facility as an intermediate sanction prior to
revocation or execution of a stayed prison sentence.
(b) The counties must consider the
following factors in developing the proposal:
(1) type and length of programming
for offenders, including supervision, mental health and chemical dependency
treatment options, and educational and employment readiness opportunities;
(2) medical care;
(3) the transport of offenders to and
from any facility;
(4) detailed current and future costs
and per diems associated with the facility;
(5) admission and release procedures
of the proposed facility;
(6) intended outcomes of the pilot
project; and
(7) other factors deemed appropriate
for consideration by the counties.
(c) By December 1, 2009, the counties
of Dodge, Fillmore, Olmsted, and Ramsey and Tri-county and Hennepin County
Community Corrections shall report the pilot project proposal to the chairs and
ranking minority members of the legislative committees having jurisdiction over
public safety policy and finance.
EFFECTIVE DATE. This section is
effective July 1, 2009.
Sec. 11. REPEALER.
Minnesota Statutes 2008, section
609.105, subdivisions 1a and 1b, are repealed.
EFFECTIVE DATE. This section is
effective July 1, 2009."
Delete the title and insert:
"A bill for an act relating to public
safety; clarifying elements and penalties of certain crimes; requiring reports;
increasing fees; providing for a uniform fine schedule; authorizing collection
of fines and surcharges; requiring annual appropriation of money in Bureau of
Criminal Apprehension account to commissioner of public safety; appropriating
money for the courts, public defenders, public safety, corrections, and other
criminal justice agencies; amending Minnesota Statutes 2008, sections 2.722,
subdivisions 4, 4a; 2.724, subdivisions 2, 3; 86B.705, subdivision 2; 134A.09,
subdivision 2a; 134A.10, subdivision 3; 152.025, subdivisions 1, 2, 3; 152.0262,
subdivision 1; 169A.20, subdivision 1, by adding subdivisions; 169A.25,
subdivision 1; 169A.26, subdivision 1; 169A.27, subdivision 1; 169A.28,
subdivision 2; 169A.284; 169A.46, subdivision 1; 169A.54, subdivision 1;
171.29, subdivision 2; 241.016, subdivision 1; 244.055, subdivisions 2, 11;
299A.01, subdivision 1a, by adding a subdivision; 299D.03, subdivision 5;
357.021, subdivisions 2, 6, 7; 357.022; 357.08; 364.08; 375.14; 403.11,
subdivision 1; 480.15, by adding a subdivision; 484.85; 484.90, subdivision 6;
491A.02, subdivision 9; 525.091,
subdivision
1; 549.09, subdivision 1; 550.011; 609.035, subdivision 2; 609.10, subdivision
1; 609.101, subdivision 4; 609.105, subdivision 1; 609.125, subdivision 1;
609.131, subdivision 3; 609.135, subdivisions 1, 1a, 2; 611.17; 631.48;
proposing coding for new law in Minnesota Statutes, chapter 609; repealing
Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision
2; 484.90, subdivisions 1, 2, 3; 487.08, subdivisions 1, 2, 3, 5; 609.105,
subdivisions 1a, 1b; 609.135, subdivision 8."
The
motion prevailed and the amendment was adopted.
Paymar moved to amend S. F. No. 802, the second engrossment,
as amended, as follows:
Page 10, line 17, delete "first and"
Page 10, line 18, delete "third phases of the"
Page 35, line 28, delete "16A.125" and
insert "16A.1285"
Page 52, line 25, delete "state court administrator"
and insert "Supreme Court"
The motion
prevailed and the amendment was adopted.
Shimanski moved to amend S. F. No. 802, the second
engrossment, as amended, as follows:
Page 59, after line 20, insert:
"Sec. 8.
Minnesota Statutes 2008, section 299C.65, subdivision 3a, is amended to
read:
Subd. 3a. Report.
The policy group, with the assistance of the task force, shall file an
annual a biennial report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house of representatives
committees and divisions with jurisdiction over criminal justice funding and
policy by January 15 of in each odd-numbered year. The report must provide the following:
(1) status and review of current integration efforts and
projects;
(2) recommendations concerning any legislative changes or
appropriations that are needed to ensure that the criminal justice information
systems operate accurately and efficiently; and
(3) summary of the activities of the policy group and task
force.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
Nornes and Westrom
offered an amendment to S. F. No. 802, the second engrossment,
as amended.
POINT OF ORDER
Paymar raised a
point of order pursuant to rule 3.21 that the Nornes and Westrom amendment was
not in order. The Speaker ruled the point of order well taken and the Nornes
and Westrom amendment out of order.
Westrom appealed
the decision of the Speaker.
A roll call was
requested and properly seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
There were 83 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
So it was the judgment of the House that the decision of the
Speaker should stand.
Urdahl offered an amendment to S. F. No. 802, the second
engrossment, as amended.
POINT
OF ORDER
Solberg raised a point of order pursuant
to rule 4.03 relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills that the Urdahl amendment was not in order. The
Speaker ruled the point of order well taken and the Urdahl amendment out of
order.
Seifert offered an amendment to
S. F. No. 802, the second engrossment, as amended.
POINT
OF ORDER
Paymar raised a point of order pursuant to
rule 3.21 that the Seifert amendment was not in order. The Speaker ruled the point of order well
taken and the Seifert amendment out of order.
The Speaker called Juhnke to the chair.
Westrom moved to
amend S. F. No. 802, the second engrossment, as amended, as follows:
Page 15, after
line 29, insert:
"(e) Private prisons. The commissioner shall not expand current
prison facilities or build new prison facilities until the commissioner has
evaluated utilizing private prisons and has submitted a report detailing the
evaluation process to the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over public safety
policy and finance."
A roll call was requested and properly seconded.
The question was taken on the Westrom amendment and the roll
was called. There were 42 yeas and 89
nays as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Davids
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Otremba
Peppin
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dean
Dill
Dittrich
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Hoppe was excused between the hours of
1:50 p.m. and 5:45 p.m.
Kohls moved
to amend S. F. No. 802, the second engrossment, as amended, as follows:
Page 6,
after line 22, insert:
"(c)
Domestic Terrorism Investigations. The superintendent of the bureau of
criminal apprehension may not initiate an investigation of a citizen of the
state based solely on information contained in the United States Department of
Homeland Security's threat assessment of domestic terrorism dated April 7,
2009."
The motion prevailed and the amendment was
adopted.
Cornish
moved to amend S. F. No. 802, the second engrossment, as amended, as follows:
Page 5, line 26,
after the period, insert "This paragraph shall not apply to State
Patrol vehicles purchased or maintained using trunk highway funds."
The motion prevailed and the amendment was
adopted.
Kohls moved
to amend S. F. No. 802, the second engrossment, as amended, as follows:
Page 15,
delete lines 1 to 3
The motion did not prevail and the
amendment was not adopted.
Kohls moved
to amend S. F. No. 802, the second engrossment, as amended, as follows:
Page 41,
delete section 35
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Kohls
amendment and the roll was called. There
were 42 yeas and 86 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davids
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Kelly moved
to amend S. F. No. 802, the second engrossment, as amended, as follows:
Page 17,
after line 9, insert:
"Prior
to accepting a federal grant, the commissioner must consider all ongoing costs
to the state after the grant funds are exhausted."
A roll call was requested and properly seconded.
The question was taken on the Kelly
amendment and the roll was called. There
were 59 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Morgan
Murdock
Nornes
Norton
Obermueller
Pelowski
Peppin
Reinert
Rosenthal
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Swails
Torkelson
Urdahl
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Olin
Otremba
Paymar
Persell
Peterson
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Ward
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Westrom and
Scott moved to amend S. F. No. 802, the second engrossment, as amended, as
follows:
Page 57,
after line 10, insert:
"Sec.
4. Minnesota Statutes 2008, section
243.515, is amended to read:
243.515 TRANSFER UNDER TREATY; EXTRADITION UNDER
TREATY.
Whenever a
treaty is in force between the United States and a foreign country providing
for the transfer or exchange of convicted offenders to the country of which
they are citizens or nationals, and for the extradition of persons residing in
the territory of the United States who have been charged with or convicted of
crime committed within the territory of that foreign country, the governor may
shall, on behalf of the state and subject to the terms of the appropriate
treaty, authorize require the commissioner of corrections to: (1) consent to the transfer or exchange of
offenders who have served at least half of their executed sentence; and
(2) deliver any inmate of a state correctional facility for whom an extradition
demand has been made pursuant to this section to the custody of the appropriate
officials of the United States for surrender to the proper officials of that
foreign country to finish the inmate's sentence in the foreign country. No offender may be extradited unless the
treaty provides that the offender will be incarcerated in a correctional
facility in the foreign country. The
commissioner of corrections shall take any other action necessary to implement
the participation of this state in the treaty.
The
extradition of any convicted offender from the custody of the commissioner of
corrections shall not diminish the effect of any sentence pursuant to which the
offender was committed to the custody of the commissioner of corrections. The sentence shall continue to run during the
time that the offender is in the custody of the appropriate officials of the
United States or the foreign country to which extradited. The offender shall not be subject to return
to the territory of the United States and to the custody of the commissioner of
corrections pursuant to this section unless there remains an unserved portion
of the Minnesota sentence."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
POINT OF ORDER
Paymar raised a point of order pursuant to
rule 3.21 that the Westrom and Scott amendment was not in order. Speaker pro
tempore Juhnke ruled the point of order not well taken and the Westrom and
Scott amendment in order.
The question recurred on the Westrom and
Scott amendment and the roll was called.
There were 55 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Emmer
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Holberg
Hosch
Howes
Juhnke
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Liebling
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Welti
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gardner
Greiling
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lieder
Lillie
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Ward
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Drazkowski
moved to amend S. F. No. 802, the second engrossment, as amended, as follows:
Page 57,
after line 33, insert:
"Sec.
6. Minnesota Statutes 2008, section
244.09, subdivision 11, is amended to read:
Subd.
11. Modification. The commission shall meet as necessary
quarterly for the purpose of modifying and improving the guidelines. Any modification which amends the Sentencing
Guidelines grid, including severity levels and criminal history scores, or
which would result in the reduction of any sentence or in the early release of
any inmate, with the exception of a modification mandated or authorized by the
legislature or relating to a crime created or amended by the legislature in the
preceding session, shall be submitted to the legislature by January 15 of any
year in which the commission wishes to make the change and shall be effective
on August 1 of that year, unless the legislature by law provides
otherwise. All other modifications shall
take effect according to the procedural rules of the commission. On or before January 15 of each year, the
commission shall submit a written report to the committees of the senate and
the house of representatives with jurisdiction over criminal justice policy
that identifies and explains all modifications made during the preceding 12
months and all proposed modifications that are being submitted to the
legislature that year.
EFFECTIVE DATE. This section is effective the day
following final enactment."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion did not prevail and the amendment
was not adopted.
Urdahl, Downey, Abeler, Kiffmeyer, Koenen,
Falk, Beard, Lillie and Anderson, P., offered an amendment to
S. F. No. 802, the second engrossment, as amended.
POINT OF ORDER
Paymar raised a point of order pursuant to
rule 3.21 that the Urdahl et al amendment was not in order. Speaker pro tempore Juhnke ruled the point of
order well taken and the Urdahl et al amendment out of order.
S. F. No. 802, A bill for an act relating
to public safety; appropriating money for public safety, corrections, and other
criminal justice agencies; requiring annual appropriation of money in Bureau of
Criminal Apprehension account to commissioner of public safety; repealing the
mandatory minimum sentences for predatory offender registration offenses and
subsequent controlled substances offenses; providing a 90-day cap on
incarceration for certain first-time supervised release violations; eliminating
the requirement that judges impose a minimum sentence on felony DWI offenders;
requesting the Sentencing Guidelines Commission to rerank the felony DWI
offense; providing for supervised release of offenders; expanding the challenge
incarceration program; requiring the Sentencing Guidelines Commission and the
Departments of Corrections and Public Safety to review its reports; requiring
Department of Corrections to annually report on felony DWI offenders; requiring
that reports to the legislature by criminal justice agencies be submitted
electronically; modifying and expanding the conditional release program for
nonviolent drug offenders; including an advisory board for consultation with
the commissioner of corrections for the conditional release program; repealing the
conditional release program's sunset; authorizing correctional facilities to
forward surcharges from offender wages to court or other entity collecting the
surcharge; repealing reports on out-of-state juvenile placement; implementing
the legislative auditor's recommendations
relating to
MINNCOR; requiring the licensure of firefighters; expanding the stay of
adjudication provision for low-level controlled substance offenders; imposing
criminal penalties; appropriating money; amending Minnesota Statutes 2008,
sections 3.195, subdivision 1, by adding a subdivision; 152.021, subdivision 3;
152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3;
152.025, subdivision 3; 152.18, subdivision 1; 169A.275, subdivisions 3, 4, 5;
169A.276, subdivisions 1, 2; 171.29, subdivision 2; 241.27, subdivision 1a, by
adding subdivisions; 243.166, subdivision 5; 244.055, subdivisions 2, 3, 5, 7,
by adding subdivisions; 244.17; 244.172, subdivision 1; 299N.02, subdivision 3;
357.021, subdivision 6; proposing coding for new law in Minnesota Statutes,
chapters 244; 299N; repealing Minnesota Statutes 2008, sections 152.026;
244.055, subdivisions 6, 11; 260B.199, subdivision 2; 260B.201, subdivision 3;
325E.22.
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 85 yeas and 45 nays as follows:
Those who voted in the affirmative were:
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
The bill was passed, as amended, and its
title agreed to.
Cornish was excused for the remainder of
today's session.
Pursuant to rule 1.22, Solberg requested
immediate consideration of S. F. No. 2081.
S. F. No. 2081 was reported
to the House.
Rukavina
moved to amend S. F. No. 2081, the unofficial engrossment, as follows:
Page 2, line
22, delete "134,168,000" and insert "134,668,000"
and delete "133,992,000" and insert "134,492,000"
and delete "268,160,000" and insert "269,160,000"
Page 2, line
26, delete "183,650,000" and insert "184,150,000"
and delete "182,624,000" and insert "183,124,000"
and delete "366,274,000" and insert "367,274,000"
Page 3, line
1, delete "65,064,000" and insert "65,564,000"
and delete "64,214,000" and insert "64,714,000"
Page 3, line
4, delete "39,185,000" and insert "39,685,000"
and delete "39,185,000" and insert "39,685,000"
Page 3, line
12, delete "8,015,000" and insert "8,515,000"
and delete "8,015,000" and insert "8,515,000"
Page 3, line
14, delete "6,926,000" and insert "7,426,000"
and delete "6,926,000" and insert "7,426,000"
Page 6, line
22, delete "general" and insert "workforce development"
Page 108,
line 11, before "Notwithstanding" insert "(a)"
Page 108,
line 12, after "from" insert "knowingly"
Page 108,
line 18, before "Preference" insert "(b)"
Page 108,
after line 25, insert:
"(c)
Notwithstanding paragraph (a), a public employer may purchase or acquire,
furnish, or require an employee to purchase or acquire items listed in
paragraph (a) manufactured outside of the United States if similar items are
not manufactured or available for purchase in the United States."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Solberg announced
his intention to place H. F. No. 1309 on the Fiscal Calendar for Friday, April
24, 2009.
FISCAL CALENDAR, Continued
Hornstein
and Rukavina moved to amend S. F. No. 2081, the unofficial engrossment, as
amended, as follows:
Page 66,
after line 34, insert:
"Sec.
10. [268.088]
BENEFITS PAID DURING CERTAIN VOLUNTARY UNEMPLOYMENT.
(a) An
applicant who elects to become temporarily unemployed in order to avoid the
layoff of another employee with the applicant's employer due to lack of work is
not ineligible for benefits under the leave of absence provisions of section
268.085, subdivision 13a, nor ineligible under the quit provisions of section
268.095, if:
(1) the
election is authorized under a collective bargaining agreement or written
employer policy;
(2) the
employer has accepted the applicant's election;
(3) the
employer provides a written certification that is provided to the department
that the applicant's election prevented another employee with the employer from
being laid off due to lack of work; and
(4) both the
applicant and the employer, at the time of the election, expect the applicant's
unemployment from the employer to be temporary.
(b) In
addition to the requirements of paragraph (a), for unemployment benefits to be
payable, an applicant must meet all the other benefit eligibility requirements
under this chapter, including being available for suitable employment with a
different employer."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
POINT OF ORDER
Buesgens raised a point of order pursuant
to rule 3.21 that the Hornstein and Rukavina amendment was not in order. Speaker pro tempore Juhnke ruled the point of
order not well taken and the Hornstein and Rukavina amendment in order.
The question recurred on the Hornstein and
Rukavina amendment to S. F. No. 2081, the unofficial engrossment, as
amended. The motion prevailed and the
amendment was adopted.
Pelowski was excused between the hours of
3:35 p.m. and 4:05 p.m.
Gardner
moved to amend S. F. No. 2081, the unofficial engrossment, as amended, as
follows:
Page 158,
line 29, before "assessment" insert "$12" and
delete "with" and insert "as a lump sum or as"
Page 158,
line 31, delete "1" and insert "6"
The motion prevailed and the amendment was
adopted.
Seifert
moved to amend S. F. No. 2081, the unofficial engrossment, as amended, as
follows:
Page 24, after
line 27, insert:
"The
money appropriated under this section must be spent only in Minnesota."
A roll call was requested and properly
seconded.
The question was taken on the Seifert
amendment and the roll was called. There
were 58 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Bigham
Brod
Buesgens
Bunn
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Faust
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Howes
Kalin
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Newton
Nornes
Obermueller
Olin
Peppin
Peterson
Poppe
Rosenthal
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Smith
Swails
Torkelson
Welti
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Benson
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Doty
Eken
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Paymar
Persell
Reinert
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Thao
Thissen
Tillberry
Urdahl
Ward
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Severson
moved to amend S. F. No. 2081, the unofficial engrossment, as amended, as follows:
Pages 160 to
167, delete sections 5 to 19
Page 170,
delete section 21
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Severson
amendment and the roll was called. There
were 47 yeas and 81 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Peterson
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Persell
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Nelson
moved to amend S. F. No. 2081, the unofficial engrossment, as amended, as
follows:
Page 137,
delete section 21
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion did not prevail and the
amendment was not adopted.
Emmer was excused between the hours of
4:00 p.m. and 4:40 p.m.
Anderson,
S., moved to amend S. F. No. 2081, the unofficial engrossment, as amended, as
follows:
Page 108,
delete section 9
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Anderson,
S., amendment and the roll was called.
There were 42 yeas and 86 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Kelly
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kiffmeyer
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Welti moved
to amend S. F. No. 2081, the unofficial engrossment, as amended, as follows:
Page 12,
line 18, after "fund" insert "and $95,000 each year
from the general fund"
Page 24,
line 12, delete "$125,000" and insert "$30,000"
and delete "$125,000" and insert "$30,000"
Page 24, delete
lines 13 and 14 and insert:
"This
is a onetime appropriation. The
Combative Sports Commission expires on July 1, 2011, unless the commissioner of
management and budget determines that the commission's projected expenditures
for the fiscal biennium ending June 30, 2013, will not exceed the
commission's projected revenues for the fiscal biennium ending June 30, 2013,
from fees and penalties authorized in Minnesota Statutes 2008, Chapter 341."
Correct the
internal references
Adjust
amounts accordingly
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Urdahl moved to amend S. F.
No. 2081, the unofficial engrossment, as amended, as follows:
Page 172, after line 29,
insert:
"Sec. 7. LEGISLATIVE
PROGRAMMING.
Any company distributing
television programming in Minnesota via satellite shall include coverage of
Minnesota legislative proceedings in its programming to the full extent that
the legislative proceedings are available free of charge to the satellite
television company."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Dettmer moved to amend S. F.
No. 2081, the unofficial engrossment, as amended, as follows:
Page 59, line 30, after the
period, insert "Of the six members of the house of representatives
appointed by the speaker, three members must be from the majority party and
three members must be from the minority party.
Of the six members of the senate appointed by the subcommittee on
committees, three members must be from the majority party and three members
must be from the minority party."
A roll call was requested and properly seconded.
The question was taken on the Dettmer amendment and the roll
was called. There were 49 yeas and 79
nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Brown
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Newton
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Torkelson
Urdahl
Welti
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Ward
Winkler
Spk. Kelliher
The motion did not prevail and the amendment
was not adopted.
Anderson,
S., moved to amend S. F. No. 2081, the unofficial engrossment, as amended, as
follows:
Page 46,
line 17, delete "and"
Page 46,
line 19, delete the period and insert "; and"
Page 46,
after line 19, insert:
"(8)
the dollar amount and percentage of the total grant used for administrative
expenses."
The motion prevailed and the amendment was
adopted.
Buesgens
moved to amend S. F. No. 2081, the unofficial engrossment, as amended, as
follows:
Page 108,
delete section 1
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Buesgens
amendment and the roll was called.
Pursuant to rule 2.05, Hosch was excused
from voting on the Buesgens amendment to S. F. No. 2081, the unofficial
engrossment, as amended.
There were 64 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Bigham
Bly
Brod
Buesgens
Bunn
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Falk
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Holberg
Howes
Kalin
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Norton
Obermueller
Paymar
Peppin
Peterson
Rosenthal
Ruud
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Slawik
Slocum
Smith
Sterner
Swails
Thao
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Benson
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Olin
Otremba
Pelowski
Persell
Poppe
Reinert
Rukavina
Sailer
Sertich
Simon
Solberg
Thissen
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
The motion prevailed and the amendment was
adopted.
Downey moved
to amend S. F. No. 2081, the unofficial engrossment, as amended, as follows:
Page 47,
delete section 23
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Downey
amendment and the roll was called. There
were 58 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Benson
Brod
Buesgens
Bunn
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Faust
Gardner
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Morgan
Murdock
Nornes
Obermueller
Olin
Peppin
Peterson
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Sterner
Swails
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Doty
Eken
Falk
Fritz
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Otremba
Paymar
Pelowski
Persell
Poppe
Reinert
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Thao
Thissen
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Brod and
Morrow moved to amend S. F. No. 2081, the unofficial engrossment, as amended,
as follows:
Page 6,
line 6, delete "500,000" and insert "564,000"
Page 6, line 12,
before the period, insert "; and $64,000 is for the city of Green Isle
for reimbursement of fire relief efforts and other expenses incurred as a
result of the fire in the city of Green Isle"
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
The Speaker resumed the Chair.
Gottwalt offered an amendment to
S. F. No. 2081, the unofficial engrossment, as amended.
POINT OF ORDER
Sertich raised a point of order pursuant
to rule 3.21 that the Gottwalt amendment was not in order. The Speaker ruled
the point of order well taken and the Gottwalt amendment out of order.
S. F. No. 2081, A bill for an act relating
to economic development and housing; establishing and modifying certain
programs; providing for regulation of certain activities and practices;
amending certain unemployment insurance provisions; providing for accounts,
assessments, and fees; changing codes and licensing provisions; amending Iron
Range resources provisions; regulating debt management and debt settlement
services; increasing certain occupation license fees; making technical changes;
providing penalties; appropriating money; amending Minnesota Statutes 2008,
sections 15.75, subdivision 5; 16B.54, subdivision 2; 45.011, subdivision 1;
45.027, subdivision 1; 46.04, subdivision 1; 46.05; 46.131, subdivision 2;
84.94, subdivision 3; 115C.08, subdivision 4; 116J.035, subdivisions 1, 6;
116J.401, subdivision 2; 116J.424; 116J.435, subdivisions 2, 3; 116J.68,
subdivision 2;
116J.8731,
subdivisions 2, 3; 116L.03, subdivision 5; 116L.05, subdivision 5; 116L.871,
subdivision 1; 116L.96; 123A.08, subdivision 1; 124D.49, subdivision 3;
129D.13, subdivisions 1, 2, 3; 129D.14, subdivisions 4, 5, 6; 129D.155; 154.44,
subdivision 1; 160.16, by adding a subdivision; 160.276, subdivision 8; 241.27,
subdivision 1; 248.061, subdivision 3; 248.07, subdivisions 7, 8; 256J.626,
subdivision 4; 256J.66, subdivision 1; 268.031; 268.035, subdivisions 2, 17, by
adding subdivisions; 268.042, subdivision 3; 268.043; 268.044, subdivision 2;
268.047, subdivisions 1, 2; 268.051, subdivisions 1, 4; 268.052, subdivision 2;
268.053, subdivision 1; 268.057, subdivisions 4, 5; 268.0625, subdivision 1;
268.066; 268.067; 268.069, subdivision 1; 268.07, subdivisions 1, 2, 3, 3b;
268.084; 268.085, subdivisions 1, 2, 3, 3a, 4, 5, 6, 15; 268.095, subdivisions
1, 2, 4, 10, 11; 268.101, subdivisions 1, 2; 268.103, subdivision 1, by adding
a subdivision; 268.105, subdivisions 1, 2, 3a, 4; 268.115, subdivision 5;
268.125, subdivision 5; 268.135, subdivision 4; 268.145, subdivision 1; 268.18,
subdivisions 1, 2, 4a; 268.186; 268.196, subdivisions 1, 2; 268.199; 268.211;
268A.06, subdivision 1; 270.97; 298.22, subdivisions 2, 5a, 6, 7, 8, 10, 11;
298.221; 298.2211, subdivision 3; 298.2213, subdivision 4; 298.2214, by adding
a subdivision; 298.223; 298.227; 298.28, subdivision 9d; 298.292, subdivision
2; 298.294; 298.296, subdivision 2; 298.2961; 325E.115, subdivision 1;
325E.1151, subdivisions 1, 3, 4; 325E.311, subdivision 6; 326B.33, subdivisions
13, 19; 326B.46, subdivision 4; 326B.475, subdivisions 4, 7; 326B.49,
subdivision 1; 326B.56, subdivision 4; 326B.58; 326B.815, subdivision 1;
326B.821, subdivision 2; 326B.86, subdivision 1; 326B.885, subdivision 2;
326B.89, subdivisions 3, 16; 326B.94, subdivision 4; 326B.972; 326B.986,
subdivisions 2, 5, 8; 327B.04, subdivisions 7, 8, by adding a subdivision;
327C.03, by adding a subdivision; 327C.095, subdivision 12; 332A.02,
subdivisions 5, 8, 9, 10, 13, by adding subdivisions; 332A.04, subdivision 6;
332A.08; 332A.10; 332A.11, subdivision 2; 332A.14; 469.169, subdivision 3; Laws
1998, chapter 404, section 23, subdivision 6, as amended; proposing coding for
new law in Minnesota Statutes, chapters 1; 116J; 137; 161; 268; 298; 326B;
proposing coding for new law as Minnesota Statutes, chapter 332B; repealing
Minnesota Statutes 2008, sections 116J.402; 116J.413; 116J.58, subdivision 1;
116J.59; 116J.61; 116J.656; 116L.16; 116L.88; 116U.65; 129D.13, subdivision 4;
176.135, subdivision 1b; 268.085, subdivision 14; 268.086; Minnesota Rules,
part 1350.8300.
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 78 yeas and 50 nays as follows:
Those who voted in the affirmative were:
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Thao
Tillberry
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Holberg
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Swails
Thissen
Torkelson
Urdahl
Westrom
Zellers
The bill was passed, as amended, and its
title agreed to.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Madam
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 486, A bill for an act relating
to transportation; highways; removing routes on the trunk highway system.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 2, A bill for an act relating to
education; providing for policy and funding for family, adult, and
prekindergarten through grade 12 education including general education,
education excellence, special programs, facilities and technology, libraries,
nutrition, accounting, self-sufficiency and lifelong learning, state agencies,
pupil transportation, school finance system changes, forecast adjustments, and
technical corrections; providing for advisory groups; requiring reports;
appropriating money; amending Minnesota Statutes 2008, sections 6.74; 13.32, by
adding a subdivision; 16A.06, subdivision 11; 120A.22, subdivision 7; 120A.40;
120B.02; 120B.021, subdivision 1; 120B.022, subdivision 1; 120B.023,
subdivision 2; 120B.11, subdivision 5; 120B.13; 120B.132; 120B.30; 120B.31;
120B.35; 120B.36; 121A.15, subdivision 8; 121A.41, subdivisions 7, 10; 121A.43;
122A.07, subdivisions 2, 3; 122A.18, subdivision 4; 122A.31, subdivision 4;
122A.40, subdivisions 6, 8; 122A.41, subdivisions 3, 5; 122A.413, subdivision
2; 122A.414, subdivisions 2, 2b; 122A.60, subdivisions 1a, 2; 122A.61,
subdivision 1; 123A.05; 123A.06; 123A.08; 123B.02, subdivision 21; 123B.03,
subdivisions 1, 1a; 123B.10, subdivision 1; 123B.14, subdivision 7; 123B.143,
subdivision 1; 123B.36, subdivision 1; 123B.49, subdivision 4; 123B.51, by
adding a subdivision; 123B.53, subdivision 5; 123B.57, subdivision 1; 123B.59,
subdivisions 2, 3, 3a; 123B.70, subdivision 1; 123B.71, subdivisions 8, 9, 12;
123B.75, subdivision 5; 123B.76, subdivision 3; 123B.77, subdivision 3;
123B.79, subdivision 7; 123B.81, subdivisions 3, 4, 5; 123B.83, subdivision 3;
123B.92, subdivisions 1, 5; 124D.095, subdivisions 2, 3, 4, 7, 10; 124D.10;
124D.11, subdivisions 4, 9; 124D.111, subdivision 3; 124D.128, subdivisions 2,
3; 124D.42, subdivision 6, by adding a subdivision; 124D.4531; 124D.59,
subdivision 2; 124D.65, subdivision 5; 124D.68, subdivisions 2, 3, 4, 5;
124D.83, subdivision 4; 124D.86, subdivisions 1, 1a, 1b; 125A.02; 125A.07;
125A.08; 125A.091; 125A.11, subdivision 1; 125A.15; 125A.28; 125A.51; 125A.56;
125A.57,
subdivision
2; 125A.62, subdivision 8; 125A.63, subdivisions 2, 4; 125A.76, subdivisions 1,
5; 125A.79, subdivision 7; 125B.26; 126C.01, by adding subdivisions; 126C.05,
subdivisions 1, 2, 3, 5, 6, 8, 15, 16, 17, 20; 126C.10, subdivisions 1, 2, 2a,
3, 4, 6, 13, 14, 18, 24, 34, by adding subdivisions; 126C.13, subdivisions 4,
5; 126C.15, subdivisions 2, 4; 126C.17, subdivisions 1, 5, 6, 9; 126C.20;
126C.40, subdivisions 1, 6; 126C.41, subdivision 2; 126C.44; 127A.08, by adding
a subdivision; 127A.441; 127A.45, subdivisions 2, 3, 13, by adding a
subdivision; 127A.47, subdivisions 5, 7; 127A.51; 134.31, subdivision 4a, by
adding a subdivision; 169.011, subdivision 71; 169.443, subdivision 9;
169.4501, subdivision 1; 169.4503, subdivision 20, by adding a subdivision;
169.454, subdivision 13; 169A.03, subdivision 23; 171.01, subdivision 22;
171.02, subdivisions 2, 2a, 2b; 171.05, subdivision 2; 171.17, subdivision 1;
171.22, subdivision 1; 171.321, subdivisions 1, 4, 5; 181A.05, subdivision 1;
275.065, subdivisions 3, 6; 299A.297; 471.975; 475.58, subdivision 1; Laws
2007, chapter 146, article 1, section 24, subdivisions 2, as amended, 6, as
amended, 8, as amended; article 2, section 46, subdivision 6, as amended;
article 3, section 24, subdivision 4, as amended; article 4, section 16,
subdivisions 2, as amended, 6, as amended; article 5, section 13, subdivisions
2, as amended, 3, as amended; article 9, section 17, subdivisions 2, as
amended, 13, as amended; Laws 2008, chapter 363, article 2, section 46,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters
120B; 123B; 125A; 126C; 127A; repealing Minnesota Statutes 2008, sections
120B.362; 120B.39; 121A.27; 121A.66; 121A.67, subdivision 1; 122A.628; 122A.75;
123B.54; 123B.57, subdivisions 3, 4, 5; 123B.591; 124D.091; 125A.03; 125A.05;
125A.18; 125A.76, subdivision 4; 125A.79, subdivision 6; 126C.10, subdivisions
2b, 13a, 13b, 24, 25, 26, 27, 28, 29, 30, 31, 31a, 31b, 32, 33, 34, 35, 36;
126C.12; 126C.126; 127A.50; 275.065, subdivisions 5a, 6b, 6c, 8, 9, 10;
Minnesota Rules, parts 3525.0210, subparts 5, 6, 9, 13, 17, 29, 30, 34, 43, 46,
47; 3525.0400; 3525.1100, subpart 2, item F; 3525.2445; 3525.2900, subpart 5;
3525.4220.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Greiling moved that the House refuse to
concur in the Senate amendments to H. F. No. 2, that the Speaker
appoint a Conference Committee of 5 members of the House, and that the House
requests that a like committee be appointed by the Senate to confer on the
disagreeing votes of the two houses. The
motion prevailed.
Madam
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 1301, A bill for an act relating
to public safety; providing for public safety, courts, and corrections
including requirements for predatory offenders regarding registration, computer
access, electronic solicitation, and special license plates; crime victims of
criminal sexual conduct and domestic abuse; domestic fatality review teams;
public defenders eligibility for representation, appointment, and
reimbursement; courts regarding judges' evidence from recording equipment in a
law enforcement vehicle; driver's license reinstatement diversion pilot
program; driver's license records; corrections regarding probation, pretrial
release, and correctional officers, sentencing, and evidence-based practices
for community supervision; sentencing guidelines; emergency response team;
controlled substances; financial crimes; unsafe recalled toys; animal fighting;
public employer consideration of criminal records in hiring; peace officer and
public safety dispatcher employment; assault on public utility workers;
trespass in police cordoned-off areas; peace officer education; communications
regarding criminal history, background checks, warrant information, CIBRS data,
criminal justice data, and Statewide Radio Board; authorizing requests for
proposals to replace alcohol concentration breath testing devices; providing
for boards, task forces, and programs; providing for reports; providing for
penalties; amending Minnesota Statutes 2008, sections 12.03, by adding a
subdivision; 13.87, subdivision 1; 122A.18, subdivision 8; 123B.03, subdivision
1; 152.02, subdivisions 6, 12; 152.027, by adding a subdivision; 169.71,
subdivision 1; 243.166, subdivisions 1a, 4, 4b, 6; 244.05, subdivision 6;
244.052, subdivision 1; 246.13, subdivision 2; 253B.141, subdivision 1;
299A.681; 299C.115; 299C.17; 299C.21; 299C.40, subdivisions 1, 2; 299C.46,
subdivision 1; 299C.52, subdivisions 1, 3, 4; 299C.53, subdivision 1; 299C.62,
subdivision
1; 299C.65, subdivisions 1, 5; 299C.68, subdivision 2; 343.31, subdivision 1;
357.021, subdivision 6; 388.24, subdivision 4; 401.025, subdivision 1; 401.065,
subdivision 3a; 403.36, subdivision 2, by adding a subdivision; 471.59, by
adding subdivisions; 480.23; 484.91, subdivision 1; 491A.03, subdivision 1;
518.165, subdivision 5; 518B.01, subdivisions 2, 20; 524.5-118, subdivision 2;
609.131, subdivision 1; 609.2231, by adding a subdivision; 609.352, subdivision
2a; 609.605, subdivision 1; 611.17; 611.18; 611.20, subdivision 3; 611.21; 611.272;
611A.0315, subdivision 1; 626.843, subdivisions 1, 3; 626.845, subdivision 1;
626.863; 628.69, subdivision 6; 629.34, subdivision 1; 629.341, subdivision 1;
Laws 1999, chapter 216, article 2, section 27, subdivisions 1, as amended, 3c,
as added, 4; proposing coding for new law in Minnesota Statutes, chapters 12;
168; 169A; 244; 260B; 325F; 364; 634; repealing Minnesota Statutes 2008,
sections 260B.199, subdivision 2; 260B.201, subdivision 3; 299C.61, subdivision
8; 299C.67, subdivision 3; 383B.65, subdivision 2; 403.36, subdivision 1f; Laws
2002, chapter 266, section 1, as amended.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Hilstrom moved that the House refuse to
concur in the Senate amendments to H. F. No. 1301, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
ANNOUNCEMENTS
BY THE SPEAKER
The
speaker announced the appointment of the following members of the House to a
Conference Committee on H. F. No. 1122:
Juhnke,
Otremba, Eken, Faust and Shimanski.
The
speaker announced the appointment of the following members of the House to a
Conference Committee on H. F. No. 1301:
Hilstrom,
Bigham, Paymar, Jackson and Kelly.
CALENDAR FOR THE DAY
Sertich moved that the Calendar for the
Day be continued. The motion prevailed.
MOTIONS AND
RESOLUTIONS
Morgan moved that
the name of Scalze be added as an author on H. F. No. 1113. The motion prevailed.
Atkins moved that
the name of Sertich be added as an author on
H. F. No. 1512. The
motion prevailed.
Kahn moved that
the name of Clark be added as an author on H. F. No. 2345. The motion prevailed.
Lanning moved that
the name of McNamara be added as an author on
H. F. No. 2347. The
motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Solberg announced his intention to place
H. F. Nos. 1309 and 2323 on the Fiscal Calendar for Saturday, April 25, 2009.
ADJOURNMENT
Sertich moved that when the House adjourns today it adjourn
until 11:00 a.m., Saturday, April 25, 2009.
The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 11:00 a.m., Saturday, April 25, 2009.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives