STATE OF
MINNESOTA
NINETY-SECOND
SESSION - 2021
_____________________
FORTY-SIXTH
DAY
Saint Paul, Minnesota, Monday, April 26, 2021
The House of Representatives convened at 11:30
a.m. and was called to order by Andrew Carlson, Speaker pro tempore.
Prayer was offered by Pastor Mark
Katzenberger, Transform Church, Andover, 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:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
Olson, B.
Olson, L.
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
A quorum was present.
O'Neill was excused.
O'Driscoll was excused until 12:55 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 151 and
H. F. No. 832, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Kotyza-Witthuhn moved that
S. F. No. 151 be substituted for H. F. No. 832
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Davnie from the Committee on Education Finance to which was referred:
H. F. No. 600, A bill for an act relating to cannabis; establishing the Cannabis Management Board; establishing advisory councils; requiring reports relating to cannabis use and sales; legalizing and limiting the possession and use of cannabis by adults; providing for the licensing, inspection, and regulation of cannabis businesses; requiring testing of cannabis and cannabis products; requiring labeling of cannabis and cannabis products; limiting the advertisement of cannabis, cannabis products, and cannabis businesses; providing for the cultivation of cannabis in private residences; transferring regulatory authority for the medical cannabis program; taxing the sale of adult-use cannabis; establishing grant and loan programs; amending criminal penalties; establishing expungement procedures for certain individuals; establishing labor standards for the use of cannabis by employees and testing of employees; creating a civil cause of action for certain nuisances; amending the scheduling of marijuana and tetrahydrocannabinols; classifying data; appropriating money; amending Minnesota Statutes 2020, sections 13.411, by adding a subdivision; 13.871, by adding a subdivision; 152.02, subdivisions 2, 4; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, subdivisions 1, 2; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951, by adding subdivisions; 181.952, by adding a subdivision; 181.953; 181.954; 181.955; 181.957, subdivision 1; 244.05, subdivision 2; 256.01, subdivision 18c; 256D.024, subdivision 1; 256J.26, subdivision 1; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.67, subdivisions 2, 7; 297A.99, by adding a subdivision; 297D.01, subdivision 2; 297D.04; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 609.135, subdivision 1; 609.531, subdivision 1; 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision 2; 609.5317, subdivision 1; 609A.01; 609A.03, subdivisions 5, 9; proposing coding for new law in Minnesota Statutes, chapters 17; 28A; 34A; 116J; 116L; 120B; 144; 152; 289A; 295; 604; 609A; proposing coding for new law as Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2020, sections 152.027, subdivisions 3, 4; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, 4, 5; 152.37; 297D.01, subdivision 1; Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300; 4770.0400; 4770.0500; 4770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100; 4770.1200; 4770.1300; 4770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700; 4770.1800; 4770.1900; 4770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400; 4770.2700; 4770.2800; 4770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005; 4770.4007; 4770.4008; 4770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014; 4770.4015; 4770.4016; 4770.4017; 4770.4018; 4770.4030.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.
The
report was adopted.
SECOND
READING OF SENATE BILLS
S. F. No. 151 was read for
the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Lislegard and Ecklund introduced:
H. F. No. 2564, A bill for an act relating to taxation; property; limiting increases in valuation and taxation for homesteads owned by persons age 65 or older; amending Minnesota Statutes 2020, sections 273.11, subdivision 5, by adding a subdivision; 273.121, subdivision 1; 276.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 273.
The bill was read for the first time and referred to the Committee on Taxes.
Ecklund and Lislegard introduced:
H. F. No. 2565, A bill for an act relating to capital investment; appropriating money to renovate the five historic sites in Cook County; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Richardson and Reyer introduced:
H. F. No. 2566, A bill for an act relating to state government; appropriating money to the Minnesota Amateur Sports Commission to study the development of the United States Amateur Sports and Training Center in Dakota County in partnership with the cities of Eagan and Inver Grove Heights; requiring a report.
The bill was read for the first time and referred to the Committee on State Government Finance and Elections.
Agbaje, Gomez and Vang introduced:
H. F. No. 2567, A bill for an act relating to elections; providing for ranked-choice voting in elections for federal and state offices; authorizing jurisdictions to adopt ranked-choice voting for local offices; establishing procedures for adoption, implementation, and use of ranked-choice voting; allowing municipalities to use electronic voting systems with a reallocation feature; authorizing rulemaking; amending Minnesota Statutes 2020, sections 204B.27, by adding a subdivision; 204B.34, subdivision 1; 204B.35, subdivision 1; 204C.19, by adding a subdivision; 204C.21, by adding a subdivision; 204C.24, subdivision 1; 204C.32, subdivision 1; 204C.33, subdivisions 1, 3; 204D.08, subdivisions 4, 5; 204D.10, subdivisions 1, 3; 204D.11, subdivision 1; 205.13, subdivision 2; 206.58, subdivision 1; 206.83; 206.89, subdivisions 2, 3; 207A.12; 208.05; proposing coding for new law in Minnesota Statutes, chapter 206; proposing coding for new law as Minnesota Statutes, chapter 204E.
The bill was read for the first time and referred to the Committee on State Government Finance and Elections.
Ecklund and Sundin introduced:
H. F. No. 2568, A bill for an act relating to capital investment; appropriating money for a marina on Rainy Lake; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Miller introduced:
H. F. No. 2569, A bill for an act relating to taxation; property; providing reimbursement of local refunds of tax on state-assessed property; appropriating money.
The bill was read for the first time and referred to the Committee on Taxes.
Miller introduced:
H. F. No. 2570, A bill for an act relating to taxation; property; providing reimbursement of local refunds of tax on state-assessed property; appropriating money.
The bill was read for the first time and referred to the Committee on Taxes.
Petersburg introduced:
H. F. No. 2571, A bill for an act relating to taxation; modifying allowed requests for revenue estimates from the commissioner of revenue regarding legislative bills establishing, extending, or restricting a tax or tax expenditure; amending Minnesota Statutes 2020, section 270C.11, subdivision 5.
The bill was read for the first time and referred to the Committee on Taxes.
MESSAGES FROM
THE SENATE
The
following message was 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. 1684, A bill for an act relating to transportation; establishing a budget for transportation; appropriating money for transportation purposes, including Department of Transportation, Metropolitan Council, and Department of Public Safety activities; authorizing the sale and issuance of state bonds; modifying prior appropriations; modifying various fees and surcharges; modifying various transportation-related tax provisions; establishing a transit sales and use tax; providing for noncompliant drivers' licenses and identification cards; establishing advisory committees; establishing accounts; modifying various provisions governing transportation policy and finance; making technical changes; requiring reports; amending Minnesota Statutes 2020, sections 13.6905, by adding a
subdivision; 16A.88, subdivision 1a; 84.787, subdivision 7; 84.797, subdivision 7; 84.92, subdivision 8; 97A.055, subdivision 2; 117.075, subdivisions 2, 3; 160.02, subdivision 1a; 160.262, subdivision 3; 160.266, subdivisions 1b, as amended, 6, by adding a subdivision; 161.115, subdivision 27; 161.14, by adding subdivisions; 161.23, subdivisions 2, 2a; 161.44, subdivisions 6a, 6b; 162.145, subdivision 3; 163.07, subdivision 2; 168.002, subdivisions 10, 18; 168.013, subdivisions 1a, 1m; 168.12, subdivision 1; 168.183; 168.301, subdivision 1; 168.31, subdivision 4; 168.327, subdivisions 1, 6, by adding subdivisions; 168A.11, subdivisions 1, 2; 169.011, subdivisions 5, 9, 27, 42, by adding subdivisions; 169.035, subdivision 3; 169.09, subdivision 13; 169.18, subdivisions 3, 10; 169.222, subdivisions 1, 4, 6a, by adding a subdivision; 169.451, subdivision 3, by adding a subdivision; 169.522, subdivision 1; 169.58, by adding a subdivision; 169.812, subdivision 2; 169.92, subdivision 4; 171.04, subdivision 5; 171.06, subdivisions 2a, 3, by adding subdivisions; 171.07, subdivisions 1, 3, 4, 15; 171.071, by adding a subdivision; 171.12, subdivisions 7a, 7b, 9, by adding a subdivision; 171.13, subdivisions 1, 6, 9; 171.16, subdivisions 2, 3, by adding a subdivision; 171.18, subdivision 1; 171.20, subdivision 4; 171.27; 171.29, subdivision 2; 174.01, by adding a subdivision; 174.03, subdivisions 1c, 12; 174.185, subdivision 3; 174.24, subdivision 7; 174.285, subdivision 5; 174.40, subdivision 5; 174.42, subdivision 2; 174.50, subdivisions 6d, 7, by adding a subdivision; 174.56, subdivision 1; 219.015, subdivisions 1, 2; 219.1651; 296A.07, subdivision 3; 296A.08, subdivision 2; 296A.083, subdivision 2; 297A.64, subdivision 5; 297A.94; 297A.99, subdivision 1; 297B.02, subdivision 1; 299A.55, subdivision 3, by adding a subdivision; 299D.03, subdivision 5; 325E.15; 360.012, by adding a subdivision; 360.013, by adding subdivisions; 360.55, by adding a subdivision; 360.59, subdivision 10; 473.386, by adding a subdivision; 473.39, by adding a subdivision; 473.391, by adding a subdivision; 480.15, by adding a subdivision; 609.855, subdivisions 1, 7, by adding a subdivision; Laws 2012, chapter 287, article 3, sections 2; 3; 4; Laws 2013, chapter 143, article 9, section 20; Laws 2019, First Special Session chapter 3, article 1, section 4, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 161; 168; 169; 171; 174; 297A; 345; 473; repealing Minnesota Statutes 2020, sections 168.327, subdivision 5; 169.09, subdivision 7; 171.015, subdivision 7; Minnesota Rules, parts 7410.2610, subparts 1, 2, 3, 3a, 5a, 5b, 6; 7414.1490; 7470.0300; 7470.0400; 7470.0500; 7470.0600; 7470.0700.
Cal R. Ludeman, Secretary of the Senate
Hornstein moved that the House refuse to
concur in the Senate amendments to H. F. No. 1684, 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.
Theis was excused between the hours of
11:55 a.m. and 3:45 p.m.
CALENDAR FOR THE DAY
H. F. No. 2128 was reported
to the House.
Liebling moved to amend H. F. No. 2128, the third engrossment, as follows:
Page 70, line 5, delete "the ......." and insert "86 percent of the fifth"
Page 209, after line 14, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 210, delete lines 1 and 2 and insert:
"EFFECTIVE DATE. This section is effective the day following final enactment for license renewals occurring on or after that date."
Page 215, after line 31, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 217, after line 16, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 217, after line 30, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 291, line 5, delete "product" and delete ""interchangeable biological product"" and insert ""biosimilar product""
Page 314, delete section 15
Page 318, delete section 16
Page 322, delete section 20
Page 408, line 23, delete "The local social services agency"
Page 408, lines 24, 33, and 34, delete the new language and reinstate the stricken language
Page 409, line 1, delete the new language
Page 470, after line 20, insert:
"Section 1. Minnesota Statutes 2020, section 16A.151, subdivision 2, is amended to read:
Subd. 2. Exceptions. (a) If a state official litigates or settles a matter on behalf of specific injured persons or entities, this section does not prohibit distribution of money to the specific injured persons or entities on whose behalf the litigation or settlement efforts were initiated. If money recovered on behalf of injured persons or entities cannot reasonably be distributed to those persons or entities because they cannot readily be located or identified or because the cost of distributing the money would outweigh the benefit to the persons or entities, the money must be paid into the general fund.
(b) Money recovered on behalf of a fund in the state treasury other than the general fund may be deposited in that fund.
(c) This section does not prohibit a state official from distributing money to a person or entity other than the state in litigation or potential litigation in which the state is a defendant or potential defendant.
(d) State agencies may accept funds as directed by a federal court for any restitution or monetary penalty under United States Code, title 18, section 3663(a)(3), or United States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue account and are appropriated to the commissioner of the agency for the purpose as directed by the federal court.
(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph (t), may be deposited as provided in section 16A.98, subdivision 12.
(f) Any money received by the state
resulting from a settlement agreement or an assurance of discontinuance entered
into by the attorney general of the state, or a court order in litigation
brought by the attorney general of the state, on behalf of the state or a state
agency, against one or more opioid manufacturers or opioid wholesale drug
distributors related to alleged violations of consumer fraud laws in the
marketing, sale, or distribution of opioids in this state or other alleged
illegal actions that contributed to the excessive use of opioids, must be
deposited in a separate account in the state treasury and the commissioner
shall notify the chairs and ranking minority members of the Finance Committee
in the senate and the Ways and Means Committee in the house of representatives
that an account has been created. This
paragraph does not apply to attorney fees and costs awarded to the state or the
Attorney General's Office, to contract attorneys hired by the state or Attorney
General's Office, or to other state agency attorneys. If the licensing fees under section 151.065,
subdivision 1, clause (16), and subdivision 3, clause (14), are reduced
and the registration fee under section 151.066, subdivision 3, is repealed in
accordance with section 256.043, subdivision 4, then the commissioner shall
transfer from the separate account created in this paragraph to the opiate
epidemic response fund under section 256.043 an amount that ensures that
$20,940,000 each fiscal year is available for distribution in accordance with
section 256.043, subdivisions 2 and 3."
Page 493, after line 10, insert:
"Sec. 19. Minnesota Statutes 2020, section 256B.0624, subdivision 7, is amended to read:
Subd. 7. Crisis stabilization services. (a) Crisis stabilization services must be provided by qualified staff of a crisis stabilization services provider entity and must meet the following standards:
(1) a crisis stabilization treatment plan must be developed which meets the criteria in subdivision 11;
(2) staff must be qualified as defined in subdivision 8; and
(3) services must be delivered according to the treatment plan and include face-to-face contact with the recipient by qualified staff for further assessment, help with referrals, updating of the crisis stabilization treatment plan, supportive counseling, skills training, and collaboration with other service providers in the community.
(b) If crisis stabilization services are provided in a supervised, licensed residential setting, the recipient must be contacted face-to-face daily by a qualified mental health practitioner or mental health professional. The program must have 24-hour-a-day residential staffing which may include staff who do not meet the qualifications in subdivision 8. The residential staff must have 24-hour-a-day immediate direct or telephone access to a qualified mental health professional or practitioner.
(c) If crisis stabilization services are
provided in a supervised, licensed residential setting that serves no more than
four adult residents, and one or more individuals are present at the setting to
receive residential crisis stabilization services, the residential staff must
include, for at least eight hours per day, at least one individual who meets
the qualifications in subdivision 8, paragraph (a), clause (1) or (2). The commissioner shall establish a
statewide per diem rate for crisis stabilization services provided under this
paragraph to medical assistance enrollees.
The rate for a provider shall not exceed the rate charged by that
provider for the same service to other payers.
Payment shall not be made to more than one entity for each individual
for services provided under this paragraph on a given day. The commissioner shall set rates
prospectively for the annual rate period.
The commissioner shall require providers to submit annual cost reports
on a uniform cost reporting form and shall use submitted cost reports to inform
the rate-setting process. The
commissioner shall recalculate the statewide per diem every year.
(d) If crisis stabilization services are provided in a supervised, licensed residential setting that serves more than four adult residents, and one or more are recipients of crisis stabilization services, the residential staff must include, for 24 hours a day, at least one individual who meets the qualifications in subdivision 8. During the first 48 hours that a recipient is in the residential program, the residential program must have at least two staff working 24 hours a day. Staffing levels may be adjusted thereafter according to the needs of the recipient as specified in the crisis stabilization treatment plan.
EFFECTIVE DATE. This section is effective August 1, 2021, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained."
Page 577, delete section 34
Page 579, after line 18, insert:
"Sec. 39. PERSONAL
CARE ASSISTANCE COMPENSATION FOR SERVICES PROVIDED BY A PARENT OR SPOUSE.
(a) Notwithstanding Minnesota Statutes,
section 256B.0659, subdivisions 3, paragraph (a), clause (1); 11, paragraph
(c); and 19, paragraph (b), clause (3), a parent, stepparent, or legal guardian
of a minor who is a personal care assistance recipient or a spouse of a
personal care assistance recipient may provide and be paid for providing
personal care assistance services.
(b) This section expires upon full
implementation and phase-in of the community first services and supports
program under Minnesota Statutes, section 256B.85.
EFFECTIVE DATE. This section is effective the day following final enactment or upon federal approval. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained."
Page 639, after line 10, insert:
"Sec. 16. DIRECTION
TO THE CHILDREN'S CABINET; EVALUATION OF THE USE OF FEDERAL MONEY.
(a) The Children's Cabinet, with the assistance
of the commissioners of human services, education, and employment and economic
development, shall conduct an evaluation of the use of federal money received
pursuant to the American Rescue Plan Act of 2021 (Public Law 117-2), the
Coronavirus Response and Relief Supplemental Appropriations Act of 2020 (Public
Law 116-260), and the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) to address the state's needs in the area of early care and
education. The Children's Cabinet may
arrange for consultants to assist with the evaluation.
(b) The evaluation shall address at
least the following topics with results disaggregated, to the extent
practicable, by age, race, ethnicity, and geographic areas of the state:
(1) changes in the number of children
who are able to access early care and education programs, including children
from the following categories: those
from low-income families; those who have disabilities or developmental delays;
those who are English language learners; those who are members of American
Indian Tribes; and those who are migrant, homeless, in foster care, or are in
need of child protective services;
(2) changes in the supply of early care
and education, particularly in areas of the state with shortages of early care
and education;
(3)
changes in the quality of early care and education programs, as measured
pursuant to the state's quality rating and improvement system under Minnesota
Statutes, section 124D.142; and
(4) changes in the average compensation
and credentials of the early care and education workforce.
(c) The Children's Cabinet shall submit interim findings of the evaluation to the governor and the legislative committees with jurisdiction over early childhood programs by February 1 in each of calendar years 2022, 2023, and 2024. The Children's Cabinet shall submit a final report to the governor and the legislative committees with jurisdiction over early childhood programs by February 1, 2025."
Page 845, line 7, delete "9,012,439,000" and insert "9,012,455,000" and delete "9,579,858,000" and insert "9,580,223,000"
Page 845, line 10, delete "7,928,908,000" and insert "7,928,924,000" and delete "8,454,516,000" and insert "8,454,881,000"
Page 849, line 17, delete "174,946,000" and insert "174,604,000" and delete "170,629,000" and insert "170,992,000"
Page 851, line 5, delete "$163,421,000" and insert "$164,210,000"
Page 851, line 6, delete "$162,260,000" and insert "$163,029,000"
Page 852, line 28, delete "$24,036,000" and insert "$24,186,000"
Page 852, line 29, delete "$24,034,000" and insert "$24,184,000"
Page 855, line 3, delete "104,410,000" and insert "101,410,000"
Page 856, line 2, delete "6,041,354,000" and insert "6,041,715,000" and delete "6,553,259,000" and insert "6,553,284,000"
Page 863, line 9, delete "28,703,000" and insert "28,700,000" and delete "28,703,000" and insert "28,680,000"
Page 863, line 11, delete "$3,000,000" and insert "$2,997,000" and delete "$3,000,000" and insert "$2,977,000"
Page 863, line 28, delete "$28,726,000" and insert "$28,702,000"
Page 863, line 29, delete "$28,726,000" and insert "$28,702,000"
Page 885, delete section 17 and insert:
"Sec. 17. FEDERAL
FUNDS FOR VACCINE ACTIVITIES.
To the extent that federal funds are available for vaccine activities, the commissioner of health may use those funds to support work under Minnesota Statutes, sections 144.067 to 144.069."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
POINT
OF ORDER
Albright raised a point of order pursuant
to rule 3.21 that the Liebling amendment was not in order. Speaker pro tempore Carlson ruled the point
of order not well taken and the Liebling amendment in order.
Albright requested a division of the
Liebling amendment to H. F. No. 2128, the third engrossment.
The first portion of the Liebling
amendment to H. F. No. 2128, the third engrossment, reads as follows:
Page 314, delete section 15
Page 318, delete section 16
Page 322, delete section 20
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 first portion of the Liebling amendment and the roll was
called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion prevailed and the first portion of the Liebling amendment was adopted.
The second portion of the Liebling
amendment to H. F. No. 2128, the third engrossment, as amended, reads as
follows:
Page 70, line 5, delete "the ......." and insert "86 percent of the fifth"
Page 209, after line 14, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 210, delete lines 1 and 2 and insert:
"EFFECTIVE DATE. This section is effective the day following final enactment for license renewals occurring on or after that date."
Page 215, after line 31, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 217, after line 16, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 217, after line 30, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 291, line 5, delete "product" and delete ""interchangeable biological product"" and insert ""biosimilar product""
Page 408, line 23, delete "The local social services agency"
Page 408, lines 24, 33, and 34, delete the new language and reinstate the stricken language
Page 409, line 1, delete the new language
Page 470, after line 20, insert:
"Section 1. Minnesota Statutes 2020, section 16A.151, subdivision 2, is amended to read:
Subd. 2. Exceptions. (a) If a state official litigates or settles a matter on behalf of specific injured persons or entities, this section does not prohibit distribution of money to the specific injured persons or entities on whose behalf the litigation or settlement efforts were initiated. If money recovered on behalf of injured persons or entities cannot reasonably be distributed to those persons or entities because they cannot readily be located or identified or because the cost of distributing the money would outweigh the benefit to the persons or entities, the money must be paid into the general fund.
(b) Money recovered on behalf of a fund in the state treasury other than the general fund may be deposited in that fund.
(c) This section does not prohibit a state official from distributing money to a person or entity other than the state in litigation or potential litigation in which the state is a defendant or potential defendant.
(d) State agencies may accept funds as directed by a federal court for any restitution or monetary penalty under United States Code, title 18, section 3663(a)(3), or United States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue account and are appropriated to the commissioner of the agency for the purpose as directed by the federal court.
(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph (t), may be deposited as provided in section 16A.98, subdivision 12.
(f) Any money received by the state
resulting from a settlement agreement or an assurance of discontinuance entered
into by the attorney general of the state, or a court order in litigation
brought by the attorney general of the state, on behalf of the state or a state
agency, against one or more opioid manufacturers or opioid wholesale drug
distributors related to alleged violations of consumer fraud laws in the
marketing, sale, or distribution of opioids in this state or other alleged
illegal actions that contributed to the excessive use of opioids, must be
deposited in a separate account in the state treasury and the commissioner
shall notify the chairs and ranking minority members of the Finance Committee
in the senate and the Ways and Means Committee in the house of representatives
that an account has been created. This
paragraph does not apply to attorney fees and costs awarded to the state or the
Attorney General's Office, to contract attorneys hired by the state or Attorney
General's Office, or to other state agency attorneys. If the licensing fees under section 151.065,
subdivision 1, clause (16), and subdivision 3, clause (14), are reduced
and the registration fee under section 151.066, subdivision 3, is repealed in
accordance with section 256.043, subdivision 4, then the commissioner shall
transfer from the separate account created in this paragraph to the opiate
epidemic response fund under section 256.043 an amount that ensures that
$20,940,000 each fiscal year is available for distribution in accordance with
section 256.043, subdivisions 2 and 3."
Page 493, after line 10, insert:
"Sec. 19. Minnesota Statutes 2020, section 256B.0624, subdivision 7, is amended to read:
Subd. 7. Crisis stabilization services. (a) Crisis stabilization services must be provided by qualified staff of a crisis stabilization services provider entity and must meet the following standards:
(1) a crisis stabilization treatment plan must be developed which meets the criteria in subdivision 11;
(2) staff must be qualified as defined in subdivision 8; and
(3) services must be delivered according to the treatment plan and include face-to-face contact with the recipient by qualified staff for further assessment, help with referrals, updating of the crisis stabilization treatment plan, supportive counseling, skills training, and collaboration with other service providers in the community.
(b) If crisis stabilization services are provided in a supervised, licensed residential setting, the recipient must be contacted face-to-face daily by a qualified mental health practitioner or mental health professional. The program must have 24-hour-a-day residential staffing which may include staff who do not meet the qualifications in subdivision 8. The residential staff must have 24-hour-a-day immediate direct or telephone access to a qualified mental health professional or practitioner.
(c) If crisis stabilization services are
provided in a supervised, licensed residential setting that serves no more than
four adult residents, and one or more individuals are present at the setting to
receive residential crisis stabilization services, the residential staff must
include, for at least eight hours per day, at least one individual who meets
the qualifications in subdivision 8, paragraph (a), clause (1) or (2). The commissioner shall establish a
statewide per diem rate for crisis stabilization services provided under this
paragraph to medical assistance enrollees.
The rate for a provider shall not exceed the rate charged by that
provider for the same service to other payers.
Payment shall not be made to more than one entity for each individual
for services provided under this paragraph on
a
given day. The commissioner shall set
rates prospectively for the annual rate period.
The commissioner shall require providers to submit annual cost reports
on a uniform cost reporting form and shall use submitted cost reports to inform
the rate-setting process. The
commissioner shall recalculate the statewide per diem every year.
(d) If crisis stabilization services are provided in a supervised, licensed residential setting that serves more than four adult residents, and one or more are recipients of crisis stabilization services, the residential staff must include, for 24 hours a day, at least one individual who meets the qualifications in subdivision 8. During the first 48 hours that a recipient is in the residential program, the residential program must have at least two staff working 24 hours a day. Staffing levels may be adjusted thereafter according to the needs of the recipient as specified in the crisis stabilization treatment plan.
EFFECTIVE DATE. This section is effective August 1, 2021, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained."
Page 577, delete section 34
Page 579, after line 18, insert:
"Sec. 39. PERSONAL
CARE ASSISTANCE COMPENSATION FOR SERVICES PROVIDED BY A PARENT OR SPOUSE.
(a) Notwithstanding Minnesota Statutes,
section 256B.0659, subdivisions 3, paragraph (a), clause (1); 11, paragraph
(c); and 19, paragraph (b), clause (3), a parent, stepparent, or legal guardian
of a minor who is a personal care assistance recipient or a spouse of a
personal care assistance recipient may provide and be paid for providing
personal care assistance services.
(b) This section expires upon full
implementation and phase-in of the community first services and supports
program under Minnesota Statutes, section 256B.85.
EFFECTIVE DATE. This section is effective the day following final enactment or upon federal approval. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained."
Page 639, after line 10, insert:
"Sec. 16. DIRECTION
TO THE CHILDREN'S CABINET; EVALUATION OF THE USE OF FEDERAL MONEY.
(a) The Children's Cabinet, with the
assistance of the commissioners of human services, education, and employment
and economic development, shall conduct an evaluation of the use of federal money
received pursuant to the American Rescue Plan Act of 2021 (Public Law 117-2),
the Coronavirus Response and Relief Supplemental Appropriations Act of 2020
(Public Law 116-260), and the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116-136) to address the state's needs in the area of early care
and education. The Children's Cabinet
may arrange for consultants to assist with the evaluation.
(b) The evaluation shall address at
least the following topics with results disaggregated, to the extent
practicable, by age, race, ethnicity, and geographic areas of the state:
(1) changes in the number of children
who are able to access early care and education programs, including children
from the following categories: those
from low-income families; those who have disabilities or developmental delays;
those who are English language learners; those who are members of American
Indian Tribes; and those who are migrant, homeless, in foster care, or are in
need of child protective services;
(2)
changes in the supply of early care and education, particularly in areas of the
state with shortages of early care and education;
(3) changes in the quality of early care
and education programs, as measured pursuant to the state's quality rating and
improvement system under Minnesota Statutes, section 124D.142; and
(4) changes in the average compensation
and credentials of the early care and education workforce.
(c) The Children's Cabinet shall submit interim findings of the evaluation to the governor and the legislative committees with jurisdiction over early childhood programs by February 1 in each of calendar years 2022, 2023, and 2024. The Children's Cabinet shall submit a final report to the governor and the legislative committees with jurisdiction over early childhood programs by February 1, 2025."
Page 845, line 7, delete "9,012,439,000" and insert "9,012,455,000" and delete "9,579,858,000" and insert "9,580,223,000"
Page 845, line 10, delete "7,928,908,000" and insert "7,928,924,000" and delete "8,454,516,000" and insert "8,454,881,000"
Page 849, line 17, delete "174,946,000" and insert "174,604,000" and delete "170,629,000" and insert "170,992,000"
Page 851, line 5, delete "$163,421,000" and insert "$164,210,000"
Page 851, line 6, delete "$162,260,000" and insert "$163,029,000"
Page 852, line 28, delete "$24,036,000" and insert "$24,186,000"
Page 852, line 29, delete "$24,034,000" and insert "$24,184,000"
Page 855, line 3, delete "104,410,000" and insert "101,410,000"
Page 856, line 2, delete "6,041,354,000" and insert "6,041,715,000" and delete "6,553,259,000" and insert "6,553,284,000"
Page 863, line 9, delete "28,703,000" and insert "28,700,000" and delete "28,703,000" and insert "28,680,000"
Page 863, line 11, delete "$3,000,000" and insert "$2,997,000" and delete "$3,000,000" and insert "$2,977,000"
Page 863, line 28, delete "$28,726,000" and insert "$28,702,000"
Page 863, line 29, delete "$28,726,000" and insert "$28,702,000"
Page 885, delete section 17 and insert:
"Sec. 17. FEDERAL
FUNDS FOR VACCINE ACTIVITIES.
To the extent that federal funds are available for vaccine activities, the commissioner of health may use those funds to support work under Minnesota Statutes, sections 144.067 to 144.069."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the second portion of the Liebling amendment was adopted.
Neu Brindley moved that H. F. No.
2128, the third engrossment, as amended, be re-referred to the Committee on
Ways and Means.
A roll call was requested and properly
seconded.
The question was taken on the Neu Brindley
motion and the roll was called. There
were 61 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail.
POINT OF
ORDER
Neu Brindley raised a point of order
pursuant to rule 4.03, paragraph (g), relating to Ways and Means Committee;
Budget Resolution; Effect on Expenditure and Revenue Bills, that H. F. No.
2128, the third engrossment, as amended, was not in order. Speaker pro tempore Carlson ruled the point
of order not well taken.
Neu Brindley appealed the decision of
Speaker pro tempore Carlson.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of Speaker pro tempore Carlson stand as the judgment
of the House?" and the roll was called.
There were 70 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Torkelson
Urdahl
West
So it was the judgment of the House that
the decision of Speaker pro tempore Carlson should stand.
Rasmusson moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 284, line 24, after "drug" insert ", including any fees or costs imposed by the state such as opioid registration fees"
The
motion prevailed and the amendment was adopted.
Rasmusson moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 284, line 6, after "if" insert ": (1)"
Page 284, line 8, after "drug" insert "; or (2) after the price increase, the price of a generic or off-patent drug remains at least 50 percent below the price of the brand name drug"
A roll call was requested and properly
seconded.
The question was taken on the Rasmusson
amendment and the roll was called. There
were 60 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Heinrich
Heintzeman
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The motion did
not prevail and the amendment was not adopted.
Speaker pro tempore Carlson called Olson,
L., to the Chair.
Quam moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 289, delete lines 3 and 4
A roll call was requested and properly
seconded.
The question was taken on the Quam
amendment and the roll was called. There
were 61 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Rasmusson moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 287, line 21, delete everything after "means" and insert "a"
Page 287, delete lines 22 to 23
Page 287, line 24, after "quarter" insert "during which benefits associated with health plan company products are in effect"
A roll call was requested and properly
seconded.
The question was taken on the Rasmusson
amendment and the roll was called. There
were 60 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Munson
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Demuth moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 4, after line 28, insert:
"Sec. 6. Minnesota Statutes 2020, section 62W.02, subdivision 15, is amended to read:
Subd. 15. Pharmacy benefit manager. (a) "Pharmacy benefit manager" means a person, business, or other entity that contracts with a plan sponsor to perform pharmacy benefits management, including but not limited to:
(1) contracting directly or indirectly with pharmacies to provide prescription drugs to enrollees or other covered individuals;
(2) administering a prescription drug benefit;
(3) processing or paying pharmacy claims;
(4) creating or updating prescription drug formularies;
(5) making or assisting in making prior authorization determinations on prescription drugs;
(6) administering rebates on prescription drugs; or
(7) establishing a pharmacy network.
(b) Pharmacy benefit manager does not include the Department of Human Services, but shall include the formulary committee established under section 256B.0625, subdivision 13c, to the extent that committee performs pharmacy benefit management.
Sec. 7. Minnesota Statutes 2020, section 62W.02, subdivision 16, is amended to read:
Subd. 16. Plan sponsor. "Plan sponsor" means a group purchaser as defined under section 62J.03; an employer in the case of an employee health benefit plan established or maintained by a single employer; or an employee organization in the case of a health plan established or maintained by an employee organization, an association, joint board trustees, a committee, or other similar group that establishes or maintains the health plan. This term includes
a person or entity acting for a pharmacy benefit manager in a contractual or employment relationship in the performance of pharmacy benefit management. Plan sponsor does not include the Department of Human Services, but shall include the formulary committee established under section 256B.0625, subdivision 13c, to the extent that committee performs the functions of a group purchaser."
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 Demuth
amendment and the roll was called. There
were 62 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Schomacker moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 63, line 11, after "section" insert ", except that the commissioner shall not exclude coverage for outpatient prescription drugs that are dispensed by a 340 covered entity"
Page 84, after line 20, insert:
"Sec. 69. ADJUSTMENT.
Any costs resulting from the exclusion of 340B drugs from the managed care carve-out under Minnesota Statutes, section 256B.69, subdivision 6d, shall be paid for through a reduction in the operating adjustment for the Department of Human Services in article 21, section 2, subdivisions 4 and 40."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Schomacker moved to amend the Schomacker amendment to H. F. No. 2128, the third engrossment, as amended, as follows:
Page 1, line 3, after "entity" insert ", including but not limited to the Minneapolis Indian Health Board, the Mille Lacs Band of Ojibwe Health Services, and the Fond Du Lac Band of Lake Superior Chippewa"
The motion
prevailed and the amendment to the amendment was adopted.
Schomacker moved to amend the Schomacker amendment, as amended, to H. F. No. 2128, the third engrossment, as amended, as follows:
Page 1, line 3, after "entity" insert ", including but not limited to Mercy Hospital in Coon Rapids, St. Cloud Hospital, Essentia Health Detroit Lakes and Essentia Health Ada, Fairview Range in Hibbing, MHealth St. Johns in Maplewood, Mayo Clinic Mankato, and Ely Bloomenson and Ely Rainy Lake in International Falls"
The motion
prevailed and the amendment to the amendment was adopted.
The question recurred on the Schomacker
amendment, as amended, and the roll was called.
There were 62 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Sandstede
Schomacker
Scott
Swedzinski
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment, as amended, was not adopted.
Schomacker moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 15, line 13, after "256B.69" insert ", and shall not administer dental services directly"
Page 31, after line 15, insert:
"(h) Effective January 1, 2023, the commissioner shall contract with a third-party administrator to administer the prescription drug benefit for all recipients of medical assistance, including persons enrolled in managed care as described in section 256B.69."
Page 42, line 26, after "chapter" insert "and shall not administer the nonemergency medical transportation program directly"
Page 63, line 8, before "shall" insert ", through the third-party administrator,"
Page 84, after line 20, insert:
"Sec. 69. ADJUSTMENT.
Any costs related to contracting for the administration of the medical assistance pharmacy benefit under Minnesota Statutes, section 256B.0625, subdivision 13, paragraph (h), shall be paid for through a reduction in the operating adjustment for the Department of Human Services in article 21, section 2, subdivisions 3 and 39."
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
Schomacker amendment and the roll was called.
There were 61 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Kiel moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 222, delete section 57
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 Kiel
amendment and the roll was called. There
were 62 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Gruenhagen moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 324, after line 23, insert:
"Sec. 21. Laws 2017, chapter 13, article 1, section 15, as amended by Laws 2017, First Special Session chapter 6, article 5, section 10, and Laws 2019, First Special Session chapter 9, article 8, section 19, is amended to read:
Sec. 15. MINNESOTA
PREMIUM SECURITY PLAN FUNDING.
(a) The Minnesota Comprehensive Health Association shall fund the operational and administrative costs and reinsurance payments of the Minnesota security plan and association using the following amounts deposited in the premium security plan account in Minnesota Statutes, section 62E.25, subdivision 1, in the following order:
(1) any federal funding available;
(2) funds deposited under article 1, sections 12 and 13;
(3) any state funds from the health care access fund; and
(4) any state funds from the general fund.
(b) The association shall transfer from
the premium security plan account any remaining state funds not used for the
Minnesota premium security plan by June 30, 2023 2024, to the
commissioner of commerce. Any amount
transferred to the commissioner of commerce shall be deposited in the health
care access fund in Minnesota Statutes, section 16A.724.
(c) The Minnesota Comprehensive Health Association may not spend more than $271,000,000 for benefit year 2018 and not more than $271,000,000 for benefit year 2019 for the operational and administrative costs of, and reinsurance payments under, the Minnesota premium security plan."
Page 325, after line 12, insert:
"Sec. 22. MINNESOTA
PREMIUM SECURITY PLAN ADMINISTERED THROUGH THE 2022 BENEFIT YEAR.
The Minnesota Comprehensive Health
Association must administer the Minnesota premium security plan through the
2022 benefit 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
A roll call was requested and properly
seconded.
The question was taken on the Gruenhagen
amendment and the roll was called. There
were 56 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lueck
McDonald
Mueller
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Bahr
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Drazkowski
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Mariani
Marquart
Masin
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Munson
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Gruenhagen moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 82, delete section 67
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 Gruenhagen
amendment and the roll was called. There
were 63 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Gruenhagen moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 311, after line 4, insert:
"Sec. 11. [62K.16]
REFERENCE-BASED PRICING HEALTH PLAN.
Subdivision 1. General. Notwithstanding any law to the contrary
and upon any necessary federal approval, a health carrier may offer in the
individual, small, and large group market a reference-based pricing health plan
that meets the requirements of this section.
Subd. 2. Provider
participation. (a) An
enrollee of a reference-based pricing health plan may access any health care
provider who has agreed to (1) a reimbursement rate up to but not greater than
the reimbursement rate specified in the enrollee's reference-based pricing plan
as defined under this section, and (2) any other terms and conditions offered
by the health carrier. Any terms and
conditions offered by the health carrier must be the same for all health care
providers who agree to participate in the health plan.
(b) A health carrier may require a participating
provider to meet reasonable data, utilization review, and quality assurance
requirements.
(c) A provider who agrees to
participate must provide services to all enrollees of the health plan if the
provider's reimbursement rates are equal to or less than that specified in the
enrollee's health plan.
Subd. 3. Reimbursement
rates. (a) The reimbursement
rates offered to providers who agree to participate in a reference-based
pricing health plan must be based on a percentage relative to the rates defined
by the most recent Medicare reimbursement schedules promulgated by the Centers
for Medicare and Medicaid Services.
(b) For services that do not have a
corresponding Medicare reimbursement value, the health carrier must negotiate
the rates based on other fee schedules used within the health care market.
(c) If a reference-based pricing health
plan's reimbursement rate is at least 120 percent above the Medicare rate and
the health plan is offered in all counties throughout Minnesota, the health
plan is exempt from the geographic and network adequacy requirements under
section 62K.10.
(d) A provider who agrees to
participate in the health plan agrees to accept the reimbursement rate as
payment in full under the terms of the health plan in accordance with section
62K.11.
Subd. 4. Conditions. (a) Nothing in this section requires a
provider to participate in a reference-based pricing health plan. A health carrier is prohibited from
requiring, as a condition of participation in any other health plan, product,
or other arrangement offered by the health carrier, that the provider
participate in a reference-based pricing health plan.
(b) Nothing in this section requires a
health carrier to provide coverage for a service or treatment that is not
covered under the enrollee's health plan.
(c) A reference-based pricing health
plan may impose cost-sharing requirements, including co-payments, deductibles,
and coinsurance and reasonable referral and prior authorization requirements.
Subd. 5. Definitions. For purposes of this section, "provider" has the meaning given in section 62J.03, subdivision 8."
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
Gruenhagen amendment and the roll was called.
There were 63 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Schomacker moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 78, line 18, delete everything after "funds" and insert a period
Page 78, delete lines 19 to 20
Page 78, line 21, delete everything before "Nothing"
A roll call was requested and properly
seconded.
The question was taken on the Schomacker
amendment and the roll was called. There
were 63 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Demuth moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 3, line 48, delete "does not apply" and insert "shall apply to medical assistance fee-for-service and"
Page 4, line 3, delete "does"
Page 4, line 4, delete "not apply" and insert "shall apply to medical assistance fee-for-service and"
Page 4, line 8, delete "does"
Page 4, line 9, delete "not apply" and insert "shall apply to medical assistance fee-for-service and"
Page 4, line 12, delete "does not apply" and insert "shall apply to medical assistance fee-for-service and"
Page 4, line 26, delete "does not apply" and insert "shall apply to medical assistance fee-for-service and"
Page 84, after line 20, insert:
"Sec. 69. ADJUSTMENT.
Any cost related to applying benefit or coverage mandates to medical assistance and MinnesotaCare under sections 1 to 5 shall be paid from reductions in the operating adjustment for the Department of Human Services in article 21, section 2, subdivisions 3 and 39."
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 Demuth
amendment and the roll was called. There
were 62 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Baker moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 486, lines 21 to 31, reinstate the stricken language
Renumber the clauses in sequence
Page 487, lines 1 to 11 and 17 to 19, reinstate the stricken language
Page 849, line 17, delete "174,946,000" and insert "172,299,000" and delete "170,629,000" and insert "168,286,000"
Page 856, line 25, delete "132,377,000" and insert "133,105,000" and delete "116,706,000" and insert "119,371,000"
Adjust amounts accordingly
Amend the title accordingly
A roll call was requested and
properly seconded.
The question was taken on the Baker
amendment and the roll was called. There
were 63 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The motion did not prevail and the
amendment was not adopted.
Franson moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 272, after line 11, insert:
"Sec. 101. LEGISLATIVE
AUDITOR EXAMINATION OF PATIENT DISCHARGES FROM HOSPITALS TO NURSING HOMES.
Subdivision 1. Examination. (a) The legislative auditor shall
examine discharges of patients from hospitals to nursing homes during the
COVID-19 pandemic. In conducting this
examination, the legislative auditor shall review and analyze at least the
following:
(1) the number of patients discharged
from hospitals to nursing homes during the COVID-19 pandemic;
(2) the effects of these patient
discharges on the discharged patients and nursing home residents, including the
effect on the numbers of positive COVID-19 cases of nursing home residents and
employees whose cases may be traced to discharged patients and on the number of
hospitalizations and deaths of nursing home residents due to COVID-19 whose
cases may be traced to discharged patients;
(3)
whether these patient discharges occurred in compliance with federal and state
agency rules or guidance in effect when the discharges took place, including
rules or guidance on testing patients for COVID-19 prior to and following
discharge, quarantine following discharge of patients with an unknown COVID-19
infection status at discharge, isolation following discharge of patients
infected with COVID-19, and other COVID-19 infection control measures;
(4) for patient discharges that did not
comply with federal and state agency rules or guidance, the effect of failing
to comply with such rules or guidance, including the effect on the health of
patients discharged to nursing homes and on the health of residents of nursing
homes to which patients were discharged; and
(5) the impact of these patient discharges
on reimbursement received by hospitals and nursing homes for care provided to
these patients.
(b) The legislative auditor shall
conduct this examination using existing resources, including federal funds that
are available for or that may be used for this purpose.
Subd. 2. Cooperation. The commissioner of health, the commissioner
of human services, hospitals, and nursing homes must cooperate
with this examination and must provide the legislative auditor with access to
data and records necessary to perform this examination.
Subd. 3. Report. By January 15, 2022, the legislative auditor shall submit a written report to the legislature on the examination required by this section."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Hansen, R., moved to amend the Franson amendment to H. F. No. 2128, the third engrossment, as amended, as follows:
Page 1, delete lines 5 to 7 and insert:
"Subdivision 1. Topic to consider for evaluation. (a) The Legislative Audit Commission shall consider as a topic for evaluation by the legislative auditor during the next evaluation cycle, an examination of patient discharges from hospitals to nursing homes during the COVID-19 pandemic. If the Legislative Audit Commission chooses this topic for evaluation according to Minnesota Statutes, section 3.97, subdivision 3a, the legislative auditor shall review and analyze at least the following:"
Page 2, line 3, after "(b)" insert "If chosen for evaluation,"
Page 2, line 5, before "The" insert "If this evaluation is conducted,"
Page 2, line 9, delete everything after "report" and insert "on this evaluation according to Minnesota Statutes, section 3.974, if this evaluation is conducted."
A roll call was requested and properly
seconded.
The question was taken on the Hansen,
R., amendment to the Franson amendment and the roll was called. There were 69 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Franson
amendment, as amended, to H. F. No. 2128, the third engrossment,
as amended. The motion prevailed and the
amendment, as amended, was adopted.
Kiel moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 5, delete section 6
Page 16, delete section 14
Page 17, lines 16 to 18, reinstate the stricken language
Page 17, line 23, reinstate the stricken language
Page 36, delete section 28 and insert:
"Sec. 28. Minnesota Statutes 2020, section 256B.0625, subdivision 17, is amended to read:
Subd. 17. Transportation costs. (a) "Nonemergency medical transportation service" means motor vehicle transportation provided by a public or private person that serves Minnesota health care program beneficiaries who do not require emergency ambulance service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
(b) Medical assistance covers medical 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, nonemergency medical transportation company, or other recognized providers of transportation services. Medical transportation must be provided by:
(1) nonemergency medical transportation providers who meet the requirements of this subdivision;
(2) ambulances, as defined in section 144E.001, subdivision 2;
(3) taxicabs that meet the requirements of this subdivision;
(4) public transit, as defined in section 174.22, subdivision 7; or
(5) not-for-hire vehicles, including volunteer drivers.
(c) Medical assistance covers nonemergency medical transportation provided by nonemergency medical transportation providers enrolled in the Minnesota health care programs. All nonemergency medical transportation providers must comply with the operating standards for special transportation service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the commissioner and reported on the claim as the individual who provided the service. All nonemergency medical transportation providers shall bill for nonemergency medical transportation services in accordance with Minnesota health care programs criteria. Publicly operated transit systems, volunteers, and not-for-hire vehicles are exempt from the requirements outlined in this paragraph.
(d) An organization may be terminated, denied, or suspended from enrollment if:
(1) the provider has not initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
(2) the provider has initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
(i) the commissioner has sent the provider a notice that the individual has been disqualified under section 245C.14; and
(ii) the individual has not received a disqualification set-aside specific to the special transportation services provider under sections 245C.22 and 245C.23.
(e) The administrative agency of nonemergency medical transportation must:
(1) adhere to the policies defined by the commissioner in consultation with the Nonemergency Medical Transportation Advisory Committee;
(2) pay nonemergency medical transportation providers for services provided to Minnesota health care programs beneficiaries to obtain covered medical services;
(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled trips, and number of trips by mode; and
(4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single administrative structure assessment tool that meets the technical requirements established by the commissioner, reconciles trip information with claims being submitted by providers, and ensures prompt payment for nonemergency medical transportation services.
(f)
Until the commissioner implements the single administrative structure and
delivery system under subdivision 18e
(g) The commissioner may use an order by the recipient's attending physician, advanced practice registered nurse, or a medical or mental health professional to certify that the recipient requires nonemergency medical transportation services. Nonemergency medical transportation providers shall perform driver-assisted services for eligible individuals, when appropriate. 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, child seats, or stretchers in the vehicle.
Nonemergency medical transportation providers must take clients to the health care provider using the most direct route, and must not exceed 30 miles for a trip to a primary care provider or 60 miles for a trip to a specialty care provider, unless the client receives authorization from the local agency.
Nonemergency medical transportation providers may not bill for separate base rates for the continuation of a trip beyond the original destination. Nonemergency medical transportation providers must maintain trip logs, which include pickup and drop-off times, signed by the medical provider or client, whichever is deemed most appropriate, attesting to mileage traveled to obtain covered medical services. Clients requesting client mileage reimbursement must sign the trip log attesting mileage traveled to obtain covered medical services.
(h) The administrative agency shall use the level of service process established by the commissioner in consultation with the Nonemergency Medical Transportation Advisory Committee to determine the client's most appropriate mode of transportation. If public transit or a certified transportation provider is not available to provide the appropriate service mode for the client, the client may receive a onetime service upgrade.
(i) The covered modes of transportation are:
(1) client reimbursement, which includes client mileage reimbursement provided to clients who have their own transportation, or to family or an acquaintance who provides transportation to the client;
(2) volunteer transport, which includes transportation by volunteers using their own vehicle;
(3) unassisted transport, which includes transportation provided to a client by a taxicab or public transit. If a taxicab or public transit is not available, the client can receive transportation from another nonemergency medical transportation provider;
(4) assisted transport, which includes transport provided to clients who require assistance by a nonemergency medical transportation provider;
(5) lift-equipped/ramp transport, which includes transport provided to a client who is dependent on a device and requires a nonemergency medical transportation provider with a vehicle containing a lift or ramp;
(6) protected transport, which includes transport provided to a client who has received a prescreening that has deemed other forms of transportation inappropriate and who requires a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety locks, a video recorder, and a transparent thermoplastic partition between the passenger and the vehicle driver; and (ii) who is certified as a protected transport provider; and
(7) stretcher transport, which includes transport for a client in a prone or supine position and requires a nonemergency medical transportation provider with a vehicle that can transport a client in a prone or supine position.
(j) The local agency shall be the single administrative agency and shall administer and reimburse for modes defined in paragraph (i) according to paragraphs (m) and (n) when the commissioner has developed, made available, and funded the web-based single administrative structure, assessment tool, and level of need assessment under subdivision 18e. The local agency's financial obligation is limited to funds provided by the state or federal government.
(k) The commissioner shall:
(1) in consultation with the Nonemergency Medical Transportation Advisory Committee, verify that the mode and use of nonemergency medical transportation is appropriate;
(2) verify that the client is going to an approved medical appointment; and
(3) investigate all complaints and appeals.
(l) The administrative agency shall pay for the services provided in this subdivision and seek reimbursement from the commissioner, if appropriate. As vendors of medical care, local agencies are subject to the provisions in section 256B.041, the sanctions and monetary recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.
(m) Payments for nonemergency medical transportation must be paid based on the client's assessed mode under paragraph (h), not the type of vehicle used to provide the service. The medical assistance reimbursement rates for nonemergency medical transportation services that are payable by or on behalf of the commissioner for nonemergency medical transportation services are:
(1) $0.22 per mile for client reimbursement;
(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer transport;
(3) equivalent to the standard fare for unassisted transport when provided by public transit, and $11 for the base rate and $1.30 per mile when provided by a nonemergency medical transportation provider;
(4) $13 for the base rate and $1.30 per mile for assisted transport;
(5) $18 for the base rate and $1.55 per mile for lift-equipped/ramp transport;
(6) $75 for the base rate and $2.40 per mile for protected transport; and
(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for an additional attendant if deemed medically necessary.
(n) The base rate for nonemergency medical
transportation services in areas defined under RUCA to be super rural outside
of a metropolitan county is equal to 111.3 150 percent of the
respective base rate in paragraph (m), clauses (1) to (7) (3) to (5). The mileage rate for nonemergency medical
transportation services in areas defined under RUCA to be rural or super
rural areas is: outside of a metropolitan county is equal to 150 percent
of the respective mileage rate in paragraph (m), clauses (3) to (5). For purposes of this paragraph,
"metropolitan county" has the meaning provided in section 473.121,
subdivision 4.
(1) for a trip equal to 17 miles or
less, equal to 125 percent of the respective mileage rate in paragraph (m),
clauses (1) to (7); and
(2)
for a trip between 18 and 50 miles, equal to 112.5 percent of the respective
mileage rate in paragraph (m), clauses (1) to (7).
(o) For purposes of reimbursement rates
for nonemergency medical transportation services under paragraphs (m) and (n),
the zip code of the recipient's place of residence shall determine whether the
urban, rural, or super rural reimbursement rate applies.
(p) For purposes of this subdivision,
"rural urban commuting area" or "RUCA" means a census-tract
based classification system under which a geographical area is determined to be
urban, rural, or super rural.
(q) (o) The commissioner,
when determining reimbursement rates for nonemergency medical transportation
under paragraphs (m) and (n), shall exempt all modes of transportation listed under
paragraph (i) from Minnesota Rules, part 9505.0445, item R, subitem (2)."
Page 40, delete section 29
Page 42, delete section 31
Page 849, line 17, delete "174,946,000" and insert "172,299,000" and delete "170,629,000" and insert "165,334,000"
Page 856, line 2, delete "6,041,354,000" and insert "6,044,308,000" and delete "6,553,259,000" and insert "6,580,983,000"
Page 866, line 11, delete "63,504,000" and insert "51,499,000" and delete "65,910,000" and insert "51,874,000"
Adjust amounts accordingly
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Speaker pro tempore Olson, L., called
Wolgamott to the Chair.
The question was taken on the Kiel
amendment and the roll was called. There
were 64 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Sandstede
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Backer moved to amend H. F. No. 2128, the third engrossment, as amended, as follows:
Page 217, delete section 52
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 Backer
amendment and the roll was called. There
were 59 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bliss
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Boe
Boldon
Carlson