STATE OF
MINNESOTA
NINETY-SECOND
SESSION - 2022
_____________________
NINETY-EIGHTH
DAY
Saint Paul, Minnesota, Thursday, April 28, 2022
The House of Representatives convened at
11:00 a.m. and was called to order by Andrew Carlson, Speaker pro tempore.
Prayer was offered by the Reverend Patrick
Joiner, Luther Memorial Church, South St. Paul, 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
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
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
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
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.
Boldon, Gruenhagen, Kresha and Miller were
excused.
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. 4091 and
H. F. No. 4355, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Noor moved that
S. F. No. 4091 be substituted for H. F. No. 4355
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Moran from the Committee on Ways and Means to which was referred:
H. F. No. 3669, A bill for an act relating to taxation; modifying provisions governing individual income and corporate franchise taxes, sales and use taxes, property taxes, certain state aid programs, certain local taxes, tax increment financing, and various other taxes and tax-related provisions; providing for certain federal tax conformity; modifying and proposing certain income tax credits and subtractions; providing for certain sales tax exemptions; modifying property tax refunds and programs; proposing additional local government aid programs; authorizing certain tax increment financing; authorizing certain local taxes; converting the renter's property tax refund into a refundable individual income tax credit; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 6.495, subdivision 3; 38.27, subdivision 4; 41B.0391, subdivisions 1, 2, 4; 123B.595, subdivision 3; 123B.61; 126C.40, subdivision 1; 270A.03, subdivision 2; 270B.12, subdivision 8; 272.01, subdivision 2; 272.02, subdivisions 24, 98, by adding subdivisions; 273.124, subdivisions 3a, 6, 13a, 13c, 13d; 273.1245, subdivision 1; 273.13, subdivision 35; 273.1315, subdivision 2; 273.1387, subdivision 2; 273.41; 279.03, subdivision 1a; 282.261, subdivision 2; 287.12; 287.29; 287.31, subdivision 3; 289A.02, subdivision 7; 289A.38, subdivision 4; 289A.56, subdivision 6; 289A.60, subdivision 12; 290.0131, by adding subdivisions; 290.0132, subdivisions 18, 21, 26, by adding subdivisions; 290.0133, by adding a subdivision; 290.0134, by adding a subdivision; 290.067; 290.0674, subdivision 2; 290.0681, subdivisions 2, 3, 4; 290.0685, subdivision 1, by adding a subdivision; 290.091, subdivision 2; 290.095, subdivision 11; 290A.02; 290A.03, subdivisions 6, 8, 12, 13, 15; 290A.04, subdivisions 1, 2, 2h, 4; 290A.05; 290A.07, subdivision 2a; 290A.08; 290A.09; 290A.091; 290A.13; 290A.19; 290A.25; 290B.03, subdivision 1; 290B.04, subdivisions 3, 4; 290B.05, subdivision 1; 291.005, subdivision 1; 296A.083, subdivision 3; 297A.61, subdivisions 12, 29; 297A.68, subdivision 25, by adding subdivisions; 297A.70, subdivision 21; 297A.71, subdivision 51, by adding subdivisions; 297A.94; 297A.99, subdivisions 1, 3; 297H.13, subdivision 2; 298.28, subdivisions 7a, 9b; 366.095, subdivision 1; 373.01, subdivision 3; 383B.117, subdivision 2; 410.32; 412.301; 462A.05, subdivision 24; 462A.38; 469.174, subdivision 14, by adding a subdivision; 469.176, subdivisions 3, 4; 469.1763, subdivision 6; 469.1771, subdivisions 2, 2a, 3; 477A.011, subdivision 34, by adding subdivisions; 477A.0124, subdivision 2; 477A.013, subdivisions 8, 9; 477A.015; 477A.03, subdivision 2a; 477A.12, subdivisions 1, 3, by adding a subdivision; 477B.01, subdivisions 5, 10, 11, by adding subdivisions; 477B.02, subdivisions 2, 3, 5, 8, 9, by adding a subdivision; 477B.03, subdivisions 2, 3, 4, 5, 7; 477B.04, subdivision 1, by adding a subdivision; 477C.03, subdivisions 2, 5; 477C.04, by adding a subdivision; Minnesota Statutes 2021 Supplement, sections 16A.152, subdivision 2; 116J.8737, subdivision 5; 116U.27, subdivisions 1, 2; 126C.10, subdivision 2e; 272.0295, subdivision 2; 273.11, subdivision 12; 273.124, subdivisions 13, 14; 273.13, subdivisions 23, 25, 34; 289A.08, subdivisions 7, 7a; 289A.382, subdivision 2; 290.01, subdivisions 19, 31; 290.06, subdivisions 2c, 22; 290.0671, subdivision 1; 290.0681, subdivision 10; 290.0682, by adding subdivisions; 290.993; 290A.03, subdivision 3; 297A.71, subdivision 52; 297A.75, subdivisions 1, 2, 3; 297A.99, subdivision 2; 297F.09, subdivision 10; 297G.09, subdivision 9; 469.1763, subdivisions 2, 3, 4; 477A.03, subdivision 2b; 477A.30; Laws 1998, chapter 389, article 8, section 43, as amended; Laws 2003, chapter 127, article 10, section 31, subdivision 1, as amended; Laws 2006, chapter 259, article 11, section 3, as amended; Laws 2008, chapter 366, article 7, section 17; Laws 2011, First Special Session chapter 7, article 4, section 14; Laws 2014, chapter 308, article 6, section 12, subdivision 2; Laws 2017, First Special Session chapter 1, article 3, section 26; Laws 2019, First Special Session chapter 6, article 6, section 25; Laws 2021, First Special Session chapter 14, article 8, sections 5; 7; proposing coding for new law in
Minnesota Statutes, chapters 240A; 290; 477A; proposing coding for new law as Minnesota Statutes, chapter 428B; repealing Minnesota Statutes 2020, sections 6.91; 290.0674, subdivision 2a; 290A.03, subdivisions 9, 11; 290A.04, subdivisions 2a, 5; 290A.23, subdivision 1; 327C.01, subdivision 13; 327C.16; 477A.011, subdivisions 30a, 38, 42, 45; 477A.013, subdivision 13; 477B.02, subdivision 4; 477B.03, subdivision 6; Minnesota Statutes 2021 Supplement, section 290.0111.
Reported the same back with the following amendments:
Page 27, delete section 5 and insert:
"Sec. 5. Minnesota Statutes 2021 Supplement, section 116U.27, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Allocation certificate" means a certificate issued by the commissioner to a taxpayer upon receipt of an initial application for a credit for a project that has not yet been completed.
(c) "Application" means the application for a credit under subdivision 4.
(d) "Commissioner" means the commissioner of employment and economic development.
(e) "Credit certificate" means a certificate issued by the commissioner upon submission of the cost verification report in subdivision 4, paragraph (e).
(f) "Eligible production costs" means eligible production costs as defined in section 116U.26, paragraph (b), clause (1), incurred in Minnesota that are directly attributable to the production of a film project in Minnesota.
(g) "Film" has the meaning given in section 116U.26, paragraph (b), clause (2).
(h) "Project" means a film:
(1) that includes the promotion of Minnesota;
(2) for which the taxpayer has expended at
least $1,000,000 in the taxable year a consecutive twelve-month
period beginning when expenditures are first paid in Minnesota for eligible
production costs; and
(3) to the extent practicable, that employs Minnesota residents.
(i) "Promotion of Minnesota" or "promotion" means visible display of a static or animated logo, approved by the commissioner and lasting approximately five seconds, that promotes Minnesota within its presentation in the end credits before the below-the-line crew crawl for the life of the project.
EFFECTIVE DATE. This section is effective retroactively for taxable years beginning after December 31, 2021."
Page 28, delete section 6
Page 41, after line 21, insert:
"(d) For a married taxpayer filing a separate return, the credit percentage must be calculated under paragraphs (a) to (c), except the adjusted gross income thresholds are one-half the amounts for other filers, as adjusted for inflation under subdivision 2b."
Page 46, delete lines 12 and 13 and insert:
"EFFECTIVE DATE. This section is effective for credit certificates issued after June 30, 2022, and applies retroactively for applications for allocation certificates submitted after December 31, 2017."
Page 46, delete section 19 and insert:
"Sec. 18. Minnesota Statutes 2020, section 290.0681, subdivision 3, is amended to read:
Subd. 3. Applications; allocations. (a) To qualify for a credit or grant under this section, the developer of a project must apply to the office before the rehabilitation begins. The application must contain the information and be in the form prescribed by the office. The office may collect a fee for application of up to 0.5 percent of qualified rehabilitation expenditures, up to $40,000, based on estimated qualified rehabilitation expenditures, to offset costs associated with personnel and administrative expenses related to administering the credit and preparing the economic impact report in subdivision 9. Application fees are deposited in the account. The application must indicate if the application is for a credit or a grant in lieu of the credit or a combination of the two and designate the taxpayer qualifying for the credit or the recipient of the grant.
(b) Upon approving an application for credit, the office shall issue allocation certificates that:
(1) verify eligibility for the credit or grant;
(2) state the amount of credit or grant anticipated with the project, with the credit amount equal to 100 percent and the grant amount equal to 90 percent of the federal credit anticipated in the application;
(3) state that the credit or grant allowed may increase or decrease if the federal credit the project receives at the time it is placed in service is different than the amount anticipated at the time the allocation certificate is issued; and
(4) state the fiscal year in which the
credit or grant is allocated, and that the taxpayer or grant recipient is entitled
to receive one-fifth of the total amount of either the credit or the
grant at the time the project is placed in service, provided that date is
within three calendar years following the issuance of the allocation
certificate.
(c) The office, in consultation with the commissioner, shall determine if the project is eligible for a credit or a grant under this section and must notify the developer in writing of its determination. Eligibility for the credit is subject to review and audit by the commissioner.
(d) The federal credit recapture and repayment requirements under section 50 of the Internal Revenue Code do not apply to the credit allowed under this section.
(e) Any decision of the office under paragraph (c) may be challenged as a contested case under chapter 14. The contested case proceeding must be initiated within 45 days of the date of written notification by the office.
EFFECTIVE DATE. This section is effective for credit certificates issued after June 30, 2022, and applies retroactively for applications for allocation certificates submitted after December 31, 2017."
Page 48, delete lines 11 and 12 and insert:
"EFFECTIVE DATE. This section is effective for credit certificates issued after June 30, 2022, and applies retroactively for applications for allocation certificates submitted after December 31, 2017."
Page 53, delete section 27 and insert:
"Sec. 26. SPECIAL
PROVISIONS FOR CERTAIN ALLOCATION CERTIFICATES; CREDIT FOR HISTORIC STRUCTURE
REHABILITATION.
For an allocation certificate issued
pursuant to an application submitted after December 31, 2017, for a project
receiving a credit certificate issued after June 30, 2022, the allocation
certificate is deemed to state that the taxpayer or grant recipient is entitled
to receive the full amount of the credit or grant at the time the project is
placed in service.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 84, line 28, before "Real" insert "(a)"
Page 85, after line 3, insert:
"(b) Any taxpayer requesting an exemption under this subdivision must file an application with the commissioner of revenue. The commissioner must prescribe the content, format, and manner of the application pursuant to section 270C.30, except that a "law administered by the commissioner" includes the property tax laws. If an application is made by electronic means, the taxpayer's signature is defined pursuant to section 270C.304, except that a "law administered by the commissioner" includes the property tax laws."
Page 85, line 6, delete "county assessor" and insert "commissioner of revenue"
Page 85, after line 6, insert:
"Sec. 9. Minnesota Statutes 2020, section 272.025, subdivision 1, is amended to read:
Subdivision 1. Statement of exemption. (a) Except in the case of property owned by the state of Minnesota or any political subdivision thereof, a taxpayer claiming an exemption from taxation on property described in section 272.02 must file a statement of exemption with the assessor of the assessment district in which the property is located. By January 2, 2018, and each third year thereafter, the commissioner of revenue shall publish on its website a list of the exemptions for which a taxpayer claiming an exemption must file a statement of exemption. The commissioner's requirement that a taxpayer file a statement of exemption pursuant to this subdivision shall not be considered a rule and is not subject to the Administrative Procedure Act, chapter 14.
(b) A taxpayer claiming an exemption from taxation on property described in section 272.02, subdivision 10 or 106, must file a statement of exemption with the commissioner of revenue, on or before February 15 of each year for which the taxpayer claims an exemption.
(c) In case of sickness, absence or other disability or for good cause, the assessor or the commissioner may extend the time for filing the statement of exemption for a period not to exceed 60 days.
(d) The commissioner of revenue shall prescribe the content, format, and manner of the statement of exemption pursuant to section 270C.30, except that a "law administered by the commissioner" includes the property tax laws.
(e) If a statement is made by electronic means, the taxpayer's signature is defined pursuant to section 270C.304, except that a "law administered by the commissioner" includes the property tax laws.
EFFECTIVE DATE. This section is effective beginning with assessment year 2023 and thereafter."
Page 124, line 5, delete "$......." and insert "$0"
Page 135, line 14, reinstate the stricken language
Page 135, lines 15 to 17, delete the new language
Page 135, lines 23 to 30, strike the old language and delete the new language and insert "By December 31 of the calendar year following the calendar year that the aid was received, any funds unspent or unallocated by a county under this section must be sent to the Continuum of Care which the county is a part of."
Page 136, delete lines 1 to 3
Page 141, lines 1 and 3, delete "$......." and insert "$0"
Page 249, line 6, delete "up to ten percent of"
Page 249, line 7, delete "the payment received" and insert "the greater of $6,250 or 2.5 percent of the total amount received under this subdivision"
Renumber the sections in sequence and correct the internal references
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Ways and Means to which was referred:
S. F. No. 4410, A bill for an act relating to health and human services; modifying provisions governing community supports, continuing care for older adults, human services operations and licensing, health care, behavioral health, children and family services, health, health-related licensing boards, scope of practice, and background studies; establishing a Department of Behavioral Health; establishing certain grants; establishing interstate compacts for nurses, audiologists and speech language pathologists, and licensed professional counselors; modifying the expiration dates and repealing certain mandated reports; expanding and renaming the higher education facilities authority to include nonprofit health care organizations; making human services forecast adjustments; appropriating money; requiring reports; amending Minnesota Statutes 2020, sections 3.732, subdivision 1; 13.46, subdivision 7; 15A.0815, subdivision 2; 62J.692, subdivision 5; 62N.25, subdivision 5; 62Q.1055; 62Q.37, subdivision 7; 62Q.47; 103I.005, subdivisions 17a, 20a, by adding a subdivision; 136A.25; 136A.26; 136A.27; 136A.28; 136A.29, subdivisions 1, 3, 6, 9, 10, 14, 19, 20, 21, 22, by adding a subdivision; 136A.32, subdivision 4; 136A.33; 136A.34, subdivisions 3, 4; 136A.36; 136A.38; 136A.41; 136A.42; 136F.67, subdivision 1; 137.68; 144.051, subdivision 6; 144.057, subdivision 1; 144.1222, subdivision 2d; 144.193; 144.294, subdivision 2; 144.4199, subdivision 8; 144.497; 144A.10, subdivision 17; 144A.351, subdivision 1; 144A.483, subdivision 1; 144A.75, subdivision 12; 144E.01, subdivisions 1, 4; 144E.35; 144G.45, subdivisions 6, 7; 145.4134; 145.4716, by adding a subdivision; 145.928, subdivision 13; 147.01, subdivision 7; 147.03, subdivisions 1, 2; 147.037; 147A.28; 147C.15, subdivision 3; 147C.40, subdivision 5; 148.212, subdivision 1; 148F.11, by adding a subdivision; 150A.10, subdivision 1a; 150A.105, subdivision 8; 151.01, subdivision 27; 151.065, subdivisions 1, 3, 7; 152.125; 169A.70, subdivisions 3, 4; 242.19, subdivision 2; 245.4661, subdivision 10; 245.4889, subdivision 3, by adding a subdivision; 245A.11, subdivisions 2, 2a, 7, 7a, by adding a subdivision; 245A.14, subdivision 14; 245A.19; 245C.02, subdivision 17a, by adding a subdivision; 245C.04, subdivisions 1, 4a, by adding subdivisions;
245C.10, by adding subdivisions; 245C.31, subdivisions 1, 2, by adding a subdivision; 245D.10, subdivision 3a; 245D.12; 245F.03; 245F.04, subdivision 1; 245G.01, by adding a subdivision; 245G.05, subdivision 2; 245G.06, subdivision 3, by adding a subdivision; 245G.07, subdivision 1; 245G.08, subdivision 3; 245G.12; 245G.21, by adding a subdivision; 245G.22, subdivision 2; 252.275, subdivisions 4c, 8; 253B.18, subdivision 6; 254A.19, subdivisions 1, 3, by adding subdivisions; 254B.01, subdivision 5, by adding subdivisions; 254B.03, subdivisions 1, 5; 254B.04, subdivision 2a, by adding subdivisions; 254B.05, subdivision 1; 256.01, subdivision 29, by adding a subdivision; 256.021, subdivision 3; 256.042, subdivision 5; 256.045, subdivision 3; 256.9657, subdivision 8; 256.975, subdivisions 11, 12; 256B.0561, subdivision 4; 256B.057, subdivision 9; 256B.0625, subdivisions 17a, 39; 256B.0659, subdivisions 1, 12, 19, 24; 256B.0757, subdivisions 1, 2, 3, 4, 5, 8; 256B.0911, subdivision 5; 256B.0949, subdivisions 8, 17; 256B.49, subdivisions 13, 15, 23; 256B.4911, subdivisions 3, 4, by adding a subdivision; 256B.4914, subdivisions 3, as amended, 4, as amended, 8, as amended, 9, as amended, 10, as amended, 10a, as amended, 12, as amended, 14, as amended; 256B.493, subdivisions 2, 4, 5, 6, by adding subdivisions; 256B.5012, by adding subdivisions; 256B.69, subdivision 9d; 256B.85, by adding a subdivision; 256D.0515; 256D.09, subdivision 2a; 256E.28, subdivision 6; 256E.33, subdivisions 1, 2; 256E.35, subdivisions 1, 2, 4a, 6, 7; 256G.02, subdivision 6; 256I.04, subdivision 3; 256I.05, by adding a subdivision; 256K.26, subdivisions 2, 6, 7; 256K.45, subdivision 6, by adding subdivisions; 256L.12, subdivision 8; 256N.26, subdivision 12; 256P.02, by adding a subdivision; 256P.03, subdivision 2; 256P.04, subdivision 11; 256Q.06, by adding a subdivision; 256R.02, subdivisions 16, 24, 26, 29, 34, by adding subdivisions; 256R.18; 256R.23, subdivisions 2, 3; 256R.24, subdivision 1; 256R.25; 256S.16; 257.0725; 260.012; 260.775; 260B.157, subdivisions 1, 3; 260B.331, subdivision 1; 260C.001, subdivision 3; 260C.007, subdivision 27; 260C.151, subdivision 6; 260C.152, subdivision 5; 260C.175, subdivision 2; 260C.176, subdivision 2; 260C.178, subdivision 1; 260C.181, subdivision 2; 260C.193, subdivision 3; 260C.201, subdivisions 1, 2; 260C.202; 260C.203; 260C.204; 260C.212, subdivision 4a; 260C.221; 260C.331, subdivision 1; 260C.513; 260C.607, subdivisions 2, 5; 260C.613, subdivisions 1, 5; 260E.20, subdivision 1; 260E.22, subdivision 2; 260E.24, subdivisions 2, 6; 260E.38, subdivision 3; 268.19, subdivision 1; 297E.021, subdivision 3; 299A.299, subdivision 1; 354B.20, subdivision 7; 477A.0126, subdivision 7, by adding a subdivision; 518A.43, subdivision 1; 518A.77; 626.557, subdivision 12b; 626.5571, subdivision 1; Minnesota Statutes 2021 Supplement, sections 10A.01, subdivision 35; 15.01; 15.06, subdivision 1; 43A.08, subdivision 1a; 62A.673, subdivision 2; 144.551, subdivision 1; 144G.45, subdivisions 4, 5; 144G.81, subdivision 3; 148F.11, subdivision 1; 245.467, subdivisions 2, 3; 245.4871, subdivision 21; 245.4876, subdivisions 2, 3; 245.4889, subdivision 1; 245.735, subdivision 3; 245A.03, subdivision 7; 245C.03, subdivision 5a, by adding subdivisions; 245C.05, subdivision 5; 245I.02, subdivisions 19, 36; 245I.03, subdivision 9; 245I.04, subdivision 4; 245I.05, subdivision 3; 245I.08, subdivision 4; 245I.09, subdivision 2; 245I.10, subdivisions 2, 6; 245I.20, subdivision 5; 245I.23, subdivision 22; 254A.03, subdivision 3; 254A.19, subdivision 4; 254B.03, subdivision 2; 254B.04, subdivision 1; 254B.05, subdivisions 4, 5; 256.01, subdivision 42; 256.042, subdivision 4; 256B.0371, subdivision 4; 256B.0622, subdivision 2; 256B.0625, subdivisions 3b, 10, 17; 256B.0659, subdivision 17a; 256B.0671, subdivision 6; 256B.0911, subdivisions 3a, 3f; 256B.0946, subdivision 1; 256B.0947, subdivisions 2, 6; 256B.0949, subdivisions 2, 13; 256B.49, subdivision 28; 256B.4914, subdivision 5, as amended; 256B.69, subdivision 9f; 256B.85, subdivisions 7, 7a; 256B.851, subdivision 5; 256L.03, subdivision 2; 256P.01, subdivision 6a; 256P.02, subdivisions 1a, 2; 256P.06, subdivision 3; 256S.205; 256S.2101; 260C.157, subdivision 3; 260C.212, subdivisions 1, 2; 260C.605, subdivision 1; 260C.607, subdivision 6; 260E.20, subdivision 2; 297E.02, subdivision 3; Laws 2009, chapter 79, article 13, section 3, subdivision 10, as amended; Laws 2014, chapter 312, article 27, section 75; Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended; Laws 2021, First Special Session chapter 7, article 2, section 74, by adding a subdivision; article 10, sections 1; 3; article 11, section 38; article 14, section 21, subdivision 4; article 16, sections 2, subdivisions 1, 24, 29, 31, 33; 5; article 17, sections 3; 6; 10; 11; 12; 14; 17, subdivision 3; 19; Laws 2021, First Special Session chapter 8, article 6, section 1, subdivision 7; Laws 2022, chapter 33, section 1, subdivisions 5a, 5b, 5c, 5d, 5e, 5f, 10c; by adding a subdivision; Laws 2022, chapter 40, sections 6; 7; proposing coding for new law in Minnesota Statutes, chapters 103I; 144G; 145; 147A; 148; 148B; 151; 245A; 245D; 254A; 256; 256B; 626; proposing coding for new law as Minnesota Statutes, chapter 256T; repealing Minnesota Statutes 2020, sections 62U.10, subdivision 3; 136A.29, subdivision 4; 144.1911, subdivision 10; 144.564, subdivision 3; 144A.483, subdivision 2; 147.02, subdivision 2a; 169A.70, subdivision 6; 245.981; 245G.22, subdivision 19; 246.0136; 246.131; 246B.03, subdivision 2; 246B.035; 252.025, subdivision 7; 252.035; 254A.02, subdivision 8a; 254A.04; 254A.16, subdivision 6; 254A.19, subdivisions 1a, 2; 254A.21; 254B.04,
subdivisions 2b, 2c; 254B.041, subdivision 2; 254B.14, subdivisions 1, 2, 3, 4, 6; 256.01, subdivision 31; 256B.0638, subdivision 7; Minnesota Statutes 2021 Supplement, sections 254A.19, subdivision 5; 254B.14, subdivision 5; Laws 1998, chapter 382, article 1, section 23; Laws 2022, chapter 33, section 1, subdivision 9a; Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a, 19, 20, 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5, 6; 9530.7020, subparts 1, 1a, 2; 9530.7021; 9530.7022, subpart 1; 9530.7025; 9530.7030, subpart 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
DEPARTMENT OF HEALTH FINANCE
Section 1.
[62J.811] PROVIDER BALANCE
BILLING REQUIREMENTS.
Subdivision
1. Requirements. (a) Each health provider and health facility
shall comply with Division BB, Title I of the Consolidated
Appropriations Act, 2021, also known as the "No Surprises Act,"
including any federal regulations adopted under that act, to the extent that it
imposes requirements that apply in this state but are not required under the
laws of this state. This section does
not require compliance with any provision of the No Surprises Act before
January 1, 2022.
(b) For the purposes of this section,
"provider" or "facility" means any health care provider or
facility pursuant to section 62A.63,
subdivision 2, or 62J.03, subdivision 8, that is subject to relevant provisions
of the No Surprises Act.
Subd. 2. Compliance
and investigations. (a) The
commissioner of health shall, to the extent practicable, seek the cooperation
of health care providers and facilities in obtaining compliance with this
section.
(b) A person who believes a health care
provider or facility has not complied with the requirements of the No Surprises
Act or this section may file a complaint with the commissioner of health. Complaints filed under this section must be
filed in writing, either on paper or electronically. The commissioner may prescribe additional
procedures for the filing of complaints.
(c) The commissioner may also conduct
compliance reviews to determine whether health care providers and facilities
are complying with this section.
(d) The commissioner shall investigate
complaints filed under this section. The
commissioner may prioritize complaint investigations, compliance reviews, and
the collection of any possible civil monetary penalties under paragraph (g),
clause (2), based on factors such as repeat complaints or violations, the
seriousness of the complaint or violation, and other factors as determined by
the commissioner.
(e) The commissioner shall inform the
health care provider or facility of the complaint or findings of a compliance
review and shall provide an opportunity for the health care provider or
facility to submit information the health care provider or facility considers
relevant to further review and investigation of the complaint or the findings
of the compliance review. The health
care provider or facility must submit any such information to the commissioner
within 30 days of receipt of notification of a complaint or compliance review
under this section.
(f) If, after reviewing any information
described in paragraph (e) and the results of any investigation, the
commissioner determines that the provider or facility has not violated this
section, the commissioner shall notify the provider or facility as well as any
relevant complainant.
(g) If, after reviewing any
information described in paragraph (e) and the results of any investigation,
the commissioner determines that the provider or facility is in violation of
this section, the commissioner shall notify the provider or facility and take
the following steps:
(1) in cases of noncompliance with this
section, the commissioner shall first attempt to achieve compliance through
successful remediation on the part of the noncompliant provider or facility
including completion of a corrective action plan or other agreement; and
(2) if, after taking the action in
clause (1) compliance has not been achieved, the commissioner of health shall
notify the provider or facility that the provider or facility is in violation
of this section and that the commissioner is imposing a civil monetary penalty. If the commissioner determines that more than
one health care provider or facility was responsible for a violation, the
commissioner may impose a civil money penalty against each health care provider
or facility. The amount of a civil money
penalty shall be up to $100 for each violation, but shall not exceed $25,000
for identical violations during a calendar year; and
(3) no civil money penalty shall be
imposed under this section for violations that occur prior to January 1, 2023. Warnings must be issued and any compliance
issues must be referred to the federal government for enforcement pursuant to
the federal No Surprises Act or other applicable federal laws and regulations.
(h) A health care provider or facility
may contest whether the finding of facts constitute a violation of this section
according to the contested case proceeding in sections 14.57 to 14.62, subject
to appeal according to sections 14.63 to 14.68.
(i) When steps in paragraphs (b) to (h)
have been completed as needed, the commissioner shall notify the health care
provider or facility and, if the matter arose from a complaint, the complainant
regarding the disposition of complaint or compliance review.
(j) Civil money penalties imposed and
collected under this subdivision shall be deposited into the general fund and
are appropriated to the commissioner of health for the purposes of this
section, including the provision of compliance reviews and technical
assistance.
(k) Any compliance and investigative
action taken by the department under this section shall only include potential
violations that occur on or after the effective date of this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2020, section 62Q.021, is amended by adding a subdivision to read:
Subd. 3. Compliance with 2021 federal law. Each health plan company, health provider, and health facility shall comply with Division BB, Title I of the Consolidated Appropriations Act, 2021, also known as the "No Surprises Act," including any federal regulations adopted under that act, to the extent that it imposes requirements that apply in this state but are not required under the laws of this state. This section does not require compliance with any provision of the No Surprises Act before the effective date provided for that provision in the Consolidated Appropriations Act. The commissioner shall enforce this subdivision.
Sec. 3. Minnesota Statutes 2020, section 62Q.55, subdivision 5, is amended to read:
Subd. 5. Coverage restrictions or limitations. If emergency services are provided by a nonparticipating provider, with or without prior authorization, the health plan company shall not impose coverage restrictions or limitations that are more restrictive than apply to emergency services received from a participating provider. Cost‑sharing requirements that apply to emergency services received out-of-network must be the same as the cost‑sharing requirements that apply to services received in-network and shall count toward the in-network deductible. All coverage and charges for emergency services must comply with all requirements of Division BB, Title I of the Consolidated Appropriations Act, 2021, including any federal regulations adopted under that act.
Sec. 4. Minnesota Statutes 2020, section 62Q.556, is amended to read:
62Q.556
UNAUTHORIZED PROVIDER SERVICES CONSUMER PROTECTIONS AGAINST BALANCE
BILLING.
Subdivision 1. Unauthorized
provider services Nonparticipating provider balance billing prohibition. (a) Except as provided in paragraph (c)
(b), unauthorized provider services occur balance billing is
prohibited when an enrollee receives services:
(1) from a nonparticipating provider at a
participating hospital or ambulatory surgical center, when the services are
rendered: as described by Division BB, Title I of the Consolidated
Appropriations Act, 2021, including any federal regulations adopted under that
act;
(i) due to the unavailability of a
participating provider;
(ii) by a nonparticipating provider
without the enrollee's knowledge; or
(iii) due to the need for unforeseen services
arising at the time the services are being rendered; or
(2) from a participating provider that
sends a specimen taken from the enrollee in the participating provider's
practice setting to a nonparticipating laboratory, pathologist, or other medical
testing facility.; or
(b)
Unauthorized provider services do not include emergency services as defined in
section 62Q.55, subdivision 3.
(3) from a nonparticipating provider or
facility providing emergency services as defined in section 62Q.55, subdivision
3, and other services as described in the requirements of Division BB, Title I
of the Consolidated Appropriations Act, 2021, including any federal regulations
adopted under that act.
(c) (b) The services
described in paragraph (a), clause clauses (1) and (2), as
defined in Division BB, Title I of the Consolidated Appropriations Act, 2021,
and any federal regulations adopted under that act, are not unauthorized
provider services subject to balance billing if the enrollee gives advance
written informed consent to the prior to receiving
services from the nonparticipating provider acknowledging that the use of a
provider, or the services to be rendered, may result in costs not covered by
the health plan. The informed consent
must comply with all requirements of Division BB, Title I of the Consolidated
Appropriations Act, 2021, including any federal regulations adopted under that
act.
Subd. 2. Prohibition
Cost-sharing requirements and independent dispute resolution. (a) An enrollee's financial
responsibility for the unauthorized nonparticipating provider
services described in subdivision 1, paragraph (a), shall be the same
cost-sharing requirements, including co-payments, deductibles, coinsurance,
coverage restrictions, and coverage limitations, as those applicable to
services received by the enrollee from a participating provider. A health plan company must apply any enrollee
cost sharing requirements, including co-payments, deductibles, and coinsurance,
for unauthorized provider services to the enrollee's annual out-of-pocket limit
to the same extent payments to a participating provider would be applied.
(b) A health plan company must attempt
to negotiate the reimbursement, less any applicable enrollee cost sharing under
paragraph (a), for the unauthorized provider services with the nonparticipating
provider. If a health plan company's and
nonparticipating provider's attempts to negotiate reimbursement for the health
care services do not result in a resolution, the health plan company or
provider may elect to refer the matter for binding arbitration, chosen in
accordance with paragraph (c). A
nondisclosure agreement must be executed by both parties prior to engaging an
arbitrator in accordance with this section.
The cost of arbitration must be shared equally between the parties and
nonparticipating provider shall initiate open negotiations of disputed amounts. If there is no agreement, either party may
initiate the federal independent dispute resolution process pursuant to
Division BB, Title I of the Consolidated Appropriations Act, 2021, including
any federal regulations adopted under that act.
(c) The commissioner of
health, in consultation with the commissioner of the Bureau of Mediation
Services, must develop a list of professionals qualified in arbitration, for
the purpose of resolving disputes between a health plan company and
nonparticipating provider arising from the payment for unauthorized provider
services. The commissioner of health
shall publish the list on the Department of Health website, and update the list
as appropriate.
(d) The arbitrator must consider
relevant information, including the health plan company's payments to other
nonparticipating providers for the same services, the circumstances and
complexity of the particular case, and the usual and customary rate for the
service based on information available in a database in a national,
independent, not‑for-profit corporation, and similar fees received by the
provider for the same services from other health plans in which the provider is
nonparticipating, in reaching a decision.
Subd. 3. Annual
data reporting. (a) Beginning
April 1, 2023, a health plan company must report annually to the commissioner:
(1) the total number of claims and total billed and paid amount for nonparticipating provider services, by service and provider type, submitted to the health plan in the prior calendar year; and
(2) the total number of enrollee
complaints received regarding the rights and protections established by
Division BB, Title I of the Consolidated Appropriations Act, 2021, including
any federal regulations adopted under that act, in the prior calendar year.
(b) The commissioners of commerce and
health may develop the form and manner for health plan companies to comply with
paragraph (a).
Subd. 4. Enforcement. (a) Any provider or facility,
including a health care provider or facility pursuant to section 62A.63,
subdivision 2, or 62J.03, subdivision 8, that is subject to relevant provisions
of the No Surprises Act is subject to the requirements of this section.
(b) The commissioner of commerce or health may enforce this section.
(c) If the commissioner of health has
cause to believe that any hospital or facility licensed under chapter 144 has
violated this section, the commissioner may investigate, examine, and otherwise
enforce this section pursuant to chapter 144 or may refer the potential
violation to the relevant licensing board with regulatory authority over the
provider.
(d) If a health-related licensing board
has cause to believe that a provider has violated this section, it may further
investigate and enforce the provisions of this section pursuant to chapter 214.
Sec. 5. Minnesota Statutes 2020, section 62Q.56, subdivision 2, is amended to read:
Subd. 2. Change in health plans. (a) If an enrollee is subject to a change in health plans, the enrollee's new health plan company must provide, upon request, authorization to receive services that are otherwise covered under the terms of the new health plan through the enrollee's current provider:
(1) for up to 120 days if the enrollee is engaged in a current course of treatment for one or more of the following conditions:
(i) an acute condition;
(ii) a life-threatening mental or physical illness;
(iii) pregnancy beyond the first
trimester of pregnancy;
(iv) a physical or mental disability defined as an inability to engage in one or more major life activities, provided that the disability has lasted or can be expected to last for at least one year, or can be expected to result in death; or
(v) a disabling or chronic condition that is in an acute phase; or
(2) for the rest of the enrollee's life if a physician certifies that the enrollee has an expected lifetime of 180 days or less.
For all requests for authorization under this paragraph, the health plan company must grant the request for authorization unless the enrollee does not meet the criteria provided in this paragraph.
(b) The health plan company shall prepare a written plan that provides a process for coverage determinations regarding continuity of care of up to 120 days for new enrollees who request continuity of care with their former provider, if the new enrollee:
(1) is receiving culturally appropriate services and the health plan company does not have a provider in its preferred provider network with special expertise in the delivery of those culturally appropriate services within the time and distance requirements of section 62D.124, subdivision 1; or
(2) does not speak English and the health plan company does not have a provider in its preferred provider network who can communicate with the enrollee, either directly or through an interpreter, within the time and distance requirements of section 62D.124, subdivision 1.
The written plan must explain the criteria that will be used to determine whether a need for continuity of care exists and how it will be provided.
(c) This subdivision applies only to group coverage and continuation and conversion coverage, and applies only to changes in health plans made by the employer.
Sec. 6. Minnesota Statutes 2020, section 62Q.73, subdivision 7, is amended to read:
Subd. 7. Standards of review. (a) For an external review of any issue in an adverse determination that does not require a medical necessity determination, the external review must be based on whether the adverse determination was in compliance with the enrollee's health benefit plan and any applicable state and federal law.
(b) For an external review of any issue in an adverse determination by a health plan company licensed under chapter 62D that requires a medical necessity determination, the external review must determine whether the adverse determination was consistent with the definition of medically necessary care in Minnesota Rules, part 4685.0100, subpart 9b.
(c) For an external review of any issue in an adverse determination by a health plan company, other than a health plan company licensed under chapter 62D, that requires a medical necessity determination, the external review must determine whether the adverse determination was consistent with the definition of medically necessary care in section 62Q.53, subdivision 2.
(d) For an external review of an adverse determination involving experimental or investigational treatment, the external review entity must base its decision on all documents submitted by the health plan company and enrollee, including medical records, the attending physician, advanced practice registered nurse, or health care professional's recommendation, consulting reports from health care professionals, the terms of coverage, federal Food and Drug Administration approval, and medical or scientific evidence or evidence-based standards.
Sec. 7. Minnesota Statutes 2020, section 62U.04, is amended by adding a subdivision to read:
Subd. 5b. Non-claims-based
payments. (a) Beginning in
2024, all health plan companies and third-party administrators shall submit to
a private entity designated by the commissioner of health all non-claims-based
payments made to health care providers. The
data shall be submitted in a form, manner, and frequency specified by the
commissioner. Non-claims-based payments
are payments to health care providers designed to pay for value of health care
services over volume of health care services and include alternative payment
models or incentives, payments for infrastructure expenditures or investments,
and payments for workforce expenditures or investments. Non-claims-based payments submitted under
this subdivision must, to the extent possible, be attributed to a health care
provider in the same manner in which claims-based data are attributed to a
health care provider and, where appropriate, must be combined with data
collected under subdivisions 4 and 5 in analyses of health care spending.
(b) Data collected under this
subdivision are nonpublic data as defined in section 13.02. Notwithstanding the definition of summary
data in section 13.02, subdivision 19, summary data prepared under this subdivision
may be derived from nonpublic data. The
commissioner shall establish procedures and safeguards to protect the integrity
and confidentiality of any data maintained by the commissioner.
(c) The commissioner shall consult with
health plan companies, hospitals, and health care providers in developing the
data reported under this subdivision and standardized reporting forms.
Sec. 8. Minnesota Statutes 2020, section 62U.04, subdivision 11, is amended to read:
Subd. 11. Restricted
uses of the all-payer claims data. (a)
Notwithstanding subdivision 4, paragraph (b), and subdivision 5, paragraph (b),
the commissioner or the commissioner's designee shall only use the data
submitted under subdivisions 4 and, 5, and 5b for the
following purposes:
(1) to evaluate the performance of the health care home program as authorized under section 62U.03, subdivision 7;
(2) to study, in collaboration with the reducing avoidable readmissions effectively (RARE) campaign, hospital readmission trends and rates;
(3) to analyze variations in health care costs, quality, utilization, and illness burden based on geographical areas or populations;
(4) to evaluate the state innovation model (SIM) testing grant received by the Departments of Health and Human Services, including the analysis of health care cost, quality, and utilization baseline and trend information for targeted populations and communities; and
(5) to compile one or more public use files of summary data or tables that must:
(i) be available to the public for no or minimal cost by March 1, 2016, and available by web-based electronic data download by June 30, 2019;
(ii) not identify individual patients, payers, or providers;
(iii) be updated by the commissioner, at least annually, with the most current data available;
(iv) contain clear and conspicuous explanations of the characteristics of the data, such as the dates of the data contained in the files, the absence of costs of care for uninsured patients or nonresidents, and other disclaimers that provide appropriate context; and
(v) not lead to the collection
of additional data elements beyond what is authorized under this section as of
June 30, 2015.
(b) The commissioner may publish the results of the authorized uses identified in paragraph (a) so long as the data released publicly do not contain information or descriptions in which the identity of individual hospitals, clinics, or other providers may be discerned.
(c) Nothing in this subdivision shall be
construed to prohibit the commissioner from using the data collected under subdivision 4 to complete the state-based
risk adjustment system assessment due to the legislature on October 1, 2015.
(d) The commissioner or the
commissioner's designee may use the data submitted under subdivisions 4 and 5
for the purpose described in paragraph (a), clause (3), until July 1, 2023.
(e) (d) The commissioner
shall consult with the all-payer claims database work group established under
subdivision 12 regarding the technical considerations necessary to create the
public use files of summary data described in paragraph (a), clause (5).
Sec. 9. Minnesota Statutes 2020, section 62U.10, subdivision 7, is amended to read:
Subd. 7. Outcomes
reporting; savings determination. (a)
Beginning November 1, 2016, and Each November 1 thereafter,
the commissioner of health shall determine the actual total private and public
health care and long-term care spending for Minnesota residents related to each
health indicator projected in subdivision 6 for the most recent calendar year
available. The commissioner shall
determine the difference between the projected and actual spending for each
health indicator and for each year, and determine the savings attributable to
changes in these health indicators. The assumptions
and research methods used to calculate actual spending must be determined to be
appropriate by an independent actuarial consultant. If the actual spending is less than the
projected spending, the commissioner, in consultation with the commissioners of
human services and management and budget, shall use the proportion of spending
for state-administered health care programs to total private and public health
care spending for each health indicator for the calendar year two years before
the current calendar year to determine the percentage of the calculated
aggregate savings amount accruing to state-administered health care programs.
(b) The commissioner may use the data
submitted under section 62U.04, subdivisions 4 and, 5, and 5b,
to complete the activities required under this section, but may only report
publicly on regional data aggregated to granularity of 25,000 lives or greater
for this purpose.
Sec. 10. [115.7411]
ADVISORY COUNCIL ON WATER SUPPLY SYSTEMS AND WASTEWATER TREATMENT FACILITIES.
Subdivision 1. Purpose;
membership. The advisory
council on water supply systems and wastewater treatment facilities shall
advise the commissioners of health and the Pollution Control Agency regarding
classification of water supply systems and wastewater treatment facilities,
qualifications and competency evaluation of water supply system operators and
wastewater treatment facility operators, and additional laws, rules, and
procedures that may be desirable for regulating the operation of water supply systems
and of wastewater treatment facilities. The
advisory council is composed of 11 voting members, of whom:
(1) one member must be from the
Department of Health, Division of Environmental Health, appointed by the
commissioner of health;
(2) one member must be from the
Pollution Control Agency, appointed by the commissioner of the Pollution
Control Agency;
(3) three members must be
certified water supply system operators, appointed by the commissioner of
health, one of whom must represent a nonmunicipal community or nontransient
noncommunity water supply system;
(4) three members must be certified
wastewater treatment facility operators, appointed by the commissioner of the
Pollution Control Agency;
(5) one member must be a representative
from an organization representing municipalities, appointed by the commissioner
of health with the concurrence of the commissioner of the Pollution Control
Agency; and
(6) two members must be members of the
public who are not associated with water supply systems or wastewater treatment
facilities. One must be appointed by the
commissioner of health and the other by the commissioner of the Pollution
Control Agency. Consideration should be
given to one of these members being a representative of academia knowledgeable
in water or wastewater matters.
Subd. 2. Geographic
representation. At least one
of the water supply system operators and at least one of the wastewater
treatment facility operators must be from outside the seven-county metropolitan
area, and one wastewater treatment facility operator must be from the
Metropolitan Council.
Subd. 3. Terms;
compensation. The terms of
the appointed members and the compensation and removal of all members are
governed by section 15.059.
Subd. 4. Officers. When new members are appointed to the
council, a chair must be elected at the next council meeting. The Department of Health representative shall
serve as secretary of the council.
Sec. 11. Minnesota Statutes 2020, section 144.122, is amended to read:
144.122
LICENSE, PERMIT, AND SURVEY FEES.
(a) The state commissioner of health, by rule, may prescribe procedures and fees for filing with the commissioner as prescribed by statute and for the issuance of original and renewal permits, licenses, registrations, and certifications issued under authority of the commissioner. The expiration dates of the various licenses, permits, registrations, and certifications as prescribed by the rules shall be plainly marked thereon. Fees may include application and examination fees and a penalty fee for renewal applications submitted after the expiration date of the previously issued permit, license, registration, and certification. The commissioner may also prescribe, by rule, reduced fees for permits, licenses, registrations, and certifications when the application therefor is submitted during the last three months of the permit, license, registration, or certification period. Fees proposed to be prescribed in the rules shall be first approved by the Department of Management and Budget. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be in an amount so that the total fees collected by the commissioner will, where practical, approximate the cost to the commissioner in administering the program. All fees collected shall be deposited in the state treasury and credited to the state government special revenue fund unless otherwise specifically appropriated by law for specific purposes.
(b) The commissioner may charge a fee for voluntary certification of medical laboratories and environmental laboratories, and for environmental and medical laboratory services provided by the department, without complying with paragraph (a) or chapter 14. Fees charged for environment and medical laboratory services provided by the department must be approximately equal to the costs of providing the services.
(c) The commissioner may develop a schedule of fees for diagnostic evaluations conducted at clinics held by the services for children with disabilities program. All receipts generated by the program are annually appropriated to the commissioner for use in the maternal and child health program.
(d) The commissioner shall set license fees for hospitals and nursing homes that are not boarding care homes at the following levels:
Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and American Osteopathic Association (AOA) hospitals |
$7,655 plus $16 per bed |
Non-JCAHO and non-AOA hospitals |
$5,280 plus $250 per bed |
Nursing home |
$183 plus $91 per bed until June 30, 2018. $183 plus $100 per bed between July 1, 2018, and June 30, 2020. $183 plus $105 per bed beginning July 1, 2020. |
The commissioner shall set license fees for outpatient surgical centers, boarding care homes, supervised living facilities, assisted living facilities, and assisted living facilities with dementia care at the following levels:
Outpatient surgical centers |
$3,712 |
Boarding care homes |
$183 plus $91 per bed |
Supervised living facilities |
$183 plus $91 per bed. |
Assisted living facilities with dementia care |
$3,000 plus $100 per resident. |
Assisted living facilities |
$2,000 plus $75 per resident. |
Fees collected under this paragraph are nonrefundable. The fees are nonrefundable even if received before July 1, 2017, for licenses or registrations being issued effective July 1, 2017, or later.
(e) Unless prohibited by federal law, the commissioner of health shall charge applicants the following fees to cover the cost of any initial certification surveys required to determine a provider's eligibility to participate in the Medicare or Medicaid program:
Prospective payment surveys for hospitals |
|
$900 |
|
Swing bed surveys for nursing homes |
|
$1,200 |
|
Psychiatric hospitals |
|
$1,400 |
|
Rural health facilities |
|
$1,100 |
|
Portable x-ray providers |
|
$500 |
|
Home health agencies |
|
$1,800 |
|
Outpatient therapy agencies |
|
$800 |
|
End stage renal dialysis providers |
|
$2,100 |
|
Independent therapists |
|
$800 |
|
Comprehensive rehabilitation outpatient facilities |
|
$1,200 |
|
Hospice providers |
|
$1,700 |
|
Ambulatory surgical providers |
|
$1,800 |
|
Hospitals |
|
$4,200 |
|
Other provider categories or additional resurveys required to complete initial certification |
Actual surveyor costs: average surveyor cost x number of hours for the survey process. |
These fees shall be submitted at the time of the application for federal certification and shall not be refunded. All fees collected after the date that the imposition of fees is not prohibited by federal law shall be deposited in the state treasury and credited to the state government special revenue fund.
(f) Notwithstanding section 16A.1283, the commissioner may adjust the fees assessed on assisted living facilities and assisted living facilities with dementia care under paragraph (d), in a revenue-neutral manner in accordance with the requirements of this paragraph:
(1) a facility seeking to renew a license shall pay a renewal fee in an amount that is up to ten percent lower than the applicable fee in paragraph (d) if residents who receive home and community-based waiver services under chapter 256S and section 256B.49 comprise more than 50 percent of the facility's capacity in the calendar year prior to the year in which the renewal application is submitted; and
(2) a facility seeking to renew a license shall pay a renewal fee in an amount that is up to ten percent higher than the applicable fee in paragraph (d) if residents who receive home and community-based waiver services under chapter 256S and section 256B.49 comprise less than 50 percent of the facility's capacity during the calendar year prior to the year in which the renewal application is submitted.
The commissioner may annually adjust the percentages in clauses (1) and (2), to ensure this paragraph is implemented in a revenue-neutral manner. The commissioner shall develop a method for determining capacity thresholds in this paragraph in consultation with the commissioner of human services and must coordinate the administration of this paragraph with the commissioner of human services for purposes of verification.
(g) The commissioner shall charge
hospitals an annual licensing base fee of $1,150 per hospital, plus an
additional $15 per licensed bed/bassinet fee.
Revenue shall be deposited to the state government special revenue fund
and credited toward trauma hospital designations under sections 144.605 and
144.6071.
Sec. 12. Minnesota Statutes 2021 Supplement, section 144.1501, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following definitions apply.
(b) "Acupuncture
practitioner" means an individual licensed to practice acupuncture under
chapter 147B.
(b) (c) "Advanced
dental therapist" means an individual who is licensed as a dental
therapist under section 150A.06, and who is certified as an advanced dental
therapist under section 150A.106.
(d) "Advanced practice
provider" means a nurse practitioner, nurse-midwife, nurse anesthetist,
clinical nurse specialist, or physician assistant.
(c) (e) "Alcohol and
drug counselor" means an individual who is licensed as an alcohol and drug
counselor under chapter 148F.
(d) (f) "Dental
therapist" means an individual who is licensed as a dental therapist under
section 150A.06.
(e) (g) "Dentist"
means an individual who is licensed to practice dentistry.
(f) (h) "Designated
rural area" means a statutory and home rule charter city or township that
is outside the seven‑county metropolitan area as defined in section
473.121, subdivision 2, excluding the cities of Duluth, Mankato, Moorhead,
Rochester, and St. Cloud.
(g) (i) "Emergency
circumstances" means those conditions that make it impossible for the
participant to fulfill the service commitment, including death, total and
permanent disability, or temporary disability lasting more than two years.
(h) (j) "Mental health professional" means an individual providing clinical services in the treatment of mental illness who is qualified in at least one of the ways specified in section 245.462, subdivision 18.
(i) (k) "Medical
resident" means an individual participating in a medical residency in family
practice, internal medicine, obstetrics and gynecology, pediatrics, or
psychiatry.
(j) "Midlevel practitioner"
means a nurse practitioner, nurse-midwife, nurse anesthetist, advanced clinical
nurse specialist, or physician assistant.
(k) (l) "Nurse" means
an individual who has completed training and received all licensing or
certification necessary to perform duties as a licensed practical nurse or
registered nurse.
(l) (m) "Nurse-midwife"
means a registered nurse who has graduated from a program of study designed to
prepare registered nurses for advanced practice as nurse-midwives.
(m) (n) "Nurse
practitioner" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse practitioners.
(n) (o) "Pharmacist"
means an individual with a valid license issued under chapter 151.
(o) (p) "Physician"
means an individual who is licensed to practice medicine in the areas of family
practice, internal medicine, obstetrics and gynecology, pediatrics, or
psychiatry.
(p) (q) "Physician
assistant" means a person licensed under chapter 147A.
(r) "Public health employee"
means an individual working in a local, Tribal, or state public health
department.
(q) (s) "Public health
nurse" means a registered nurse licensed in Minnesota who has obtained a
registration certificate as a public health nurse from the Board of Nursing in
accordance with Minnesota Rules, chapter 6316.
(r) (t) "Qualified
educational loan" means a government, commercial, or foundation loan for
actual costs paid for tuition, reasonable education expenses, and reasonable
living expenses related to the graduate or undergraduate education of a health
care professional.
(u) "Underserved patient
population" means patients who are state public program enrollees or
patients receiving sliding fee schedule discounts through a formal sliding fee
schedule meeting the standards established by the United States Department of
Health and Human Services under Code of Federal Regulations, title 42, section
51c.303.
(s) (v) "Underserved
urban community" means a Minnesota urban area or population included in
the list of designated primary medical care health professional shortage areas
(HPSAs), medically underserved areas (MUAs), or medically underserved
populations (MUPs) maintained and updated by the United States Department of
Health and Human Services.
Sec. 13. Minnesota Statutes 2021 Supplement, section 144.1501, subdivision 2, is amended to read:
Subd. 2. Creation of account. (a) A health professional education loan forgiveness program account is established. The commissioner of health shall use money from the account to establish a loan forgiveness program:
(1) for medical residents, mental health professionals, and alcohol and drug counselors agreeing to practice in designated rural areas or in underserved urban communities, agreeing to provide at least 25 percent of the provider's yearly patient encounters to patients in an underserved patient population, or specializing in the area of pediatric psychiatry;
(2) for midlevel
practitioners advanced practice providers agreeing to practice in
designated rural areas or to teach at least 12 credit hours, or 720 hours per
year in the nursing field in a postsecondary program at the undergraduate level
or the equivalent at the graduate level;
(3) for nurses who agree to practice in a Minnesota nursing home; an intermediate care facility for persons with developmental disability; a hospital if the hospital owns and operates a Minnesota nursing home and a minimum of 50 percent of the hours worked by the nurse is in the nursing home; a housing with services establishment as defined in section 144D.01, subdivision 4; a school district or charter school; or for a home care provider as defined in section 144A.43, subdivision 4; or agree to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;
(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720 hours per year in their designated field in a postsecondary program at the undergraduate level or the equivalent at the graduate level. The commissioner, in consultation with the Healthcare Education-Industry Partnership, shall determine the health care fields where the need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory technology, radiologic technology, and surgical technology;
(5) for pharmacists, advanced dental
therapists, dental therapists, acupuncture practitioners, and public
health nurses who agree to practice in designated rural areas; and
(6) for dentists agreeing to deliver at least
25 percent of the dentist's yearly patient encounters to state public
program enrollees or patients receiving sliding fee schedule discounts through
a formal sliding fee schedule meeting the standards established by the United
States Department of Health and Human Services under Code of Federal
Regulations, title 42, section 51, chapter 303. patients in an
underserved patient population;
(7) for mental health professionals
agreeing to provide up to 768 hours per year of clinical supervision in their
designated field; and
(8) for public health employees serving
in a local, Tribal, or state public health department in an area of high need
as determined by the commissioner.
(b) Appropriations made to the account do not cancel and are available until expended, except that at the end of each biennium, any remaining balance in the account that is not committed by contract and not needed to fulfill existing commitments shall cancel to the fund.
Sec. 14. Minnesota Statutes 2021 Supplement, section 144.1501, subdivision 3, is amended to read:
Subd. 3. Eligibility. (a) To be eligible to participate in the loan forgiveness program, an individual must:
(1) be a medical or dental resident; a
licensed pharmacist; or be enrolled in a training or education program to
become a dentist, dental therapist, advanced dental therapist, mental health
professional, alcohol and drug counselor, pharmacist, public health
employee, public health nurse, midlevel practitioner advanced
practice provider, acupuncture practitioner, registered nurse, or a
licensed practical nurse. The commissioner
may also consider applications submitted by graduates in eligible professions
who are licensed and in practice; and
(2) submit an application to the commissioner of health.
(b) Except as provided in paragraph (c), an applicant selected to participate must sign a contract to agree to serve a minimum three-year full-time service obligation according to subdivision 2, which shall begin no later than March 31 following completion of required training, with the exception of a nurse, who must agree to serve a minimum two-year full-time service obligation according to subdivision 2, which shall begin no later than March 31 following completion of required training.
(c) An applicant selected to
participate who is a public health employee is eligible for loan forgiveness
within three years after completion of required training. An applicant selected to participate who is a
nurse and who agrees to teach according to subdivision 2, paragraph (a), clause
(3), must sign a contract to agree to teach for a minimum of two years.
Sec. 15. Minnesota Statutes 2020, section 144.1501, subdivision 4, is amended to read:
Subd. 4. Loan forgiveness. (a) The commissioner of health may select applicants each year for participation in the loan forgiveness program, within the limits of available funding. In considering applications from applicants who are mental health professionals, the commissioner shall give preference to applicants who work in rural or culturally specific organizations. In considering applications from all other applicants, the commissioner shall give preference to applicants who document diverse cultural competencies. Except as provided in paragraph (b), the commissioner shall distribute available funds for loan forgiveness proportionally among the eligible professions according to the vacancy rate for each profession in the required geographic area, facility type, teaching area, patient group, or specialty type specified in subdivision 2. The commissioner shall allocate funds for physician loan forgiveness so that 75 percent of the funds available are used for rural physician loan forgiveness and 25 percent of the funds available are used for underserved urban communities, physicians agreeing to provide at least 25 percent of the physician's yearly patient encounters to patients in an underserved patient population, and pediatric psychiatry loan forgiveness. If the commissioner does not receive enough qualified applicants each year to use the entire allocation of funds for any eligible profession, the remaining funds may be allocated proportionally among the other eligible professions according to the vacancy rate for each profession in the required geographic area, patient group, or facility type specified in subdivision 2. Applicants are responsible for securing their own qualified educational loans. The commissioner shall select participants based on their suitability for practice serving the required geographic area or facility type specified in subdivision 2, as indicated by experience or training. The commissioner shall give preference to applicants closest to completing their training. Except as specified in paragraph (c), for each year that a participant meets the service obligation required under subdivision 3, up to a maximum of four years, the commissioner shall make annual disbursements directly to the participant equivalent to 15 percent of the average educational debt for indebted graduates in their profession in the year closest to the applicant's selection for which information is available, not to exceed the balance of the participant's qualifying educational loans. Before receiving loan repayment disbursements and as requested, the participant must complete and return to the commissioner a confirmation of practice form provided by the commissioner verifying that the participant is practicing as required under subdivisions 2 and 3. The participant must provide the commissioner with verification that the full amount of loan repayment disbursement received by the participant has been applied toward the designated loans. After each disbursement, verification must be received by the commissioner and approved before the next loan repayment disbursement is made. Participants who move their practice remain eligible for loan repayment as long as they practice as required under subdivision 2.
(b) The commissioner shall distribute
available funds for loan forgiveness for public health employees according to
areas of high need as determined by the commissioner.
(c) For each year that a participant
who is a nurse and who has agreed to teach according to subdivision 2 meets the
teaching obligation required in subdivision 3, the commissioner shall make
annual disbursements directly to the participant equivalent to 15 percent of
the average annual educational debt for indebted graduates in the nursing
profession in the year closest to the participant's selection for which
information is available, not to exceed the balance of the participant's
qualifying educational loans.
Sec. 16. Minnesota Statutes 2020, section 144.1501, subdivision 5, is amended to read:
Subd. 5. Penalty for nonfulfillment. If a participant does not fulfill the required minimum commitment of service according to subdivision 3, the commissioner of health shall collect from the participant the total amount paid to the participant under the loan forgiveness program plus interest at a rate established according to section
270C.40. The commissioner shall deposit the money
collected in the health care access fund to be credited to the health
professional education loan forgiveness program account established in
subdivision 2 an account in the special revenue fund. The balance of the account does not expire
and is appropriated to the commissioner of health for health professional
education loan forgiveness awards under this section. The commissioner shall allow waivers of all
or part of the money owed the commissioner as a result of a nonfulfillment
penalty if emergency circumstances prevented fulfillment of the minimum service
commitment.
Sec. 17. [144.1504]
HOSPITAL NURSING LOAN FORGIVENESS PROGRAM.
Subdivision 1. Definition. (a) For purposes of this section, the
following definitions apply.
(b) "Nurse" means an
individual who is licensed as a registered nurse and who is providing direct
patient care in a nonprofit hospital.
(c) "PSLF program" means the
federal Public Student Loan Forgiveness program established under Code of
Federal Regulations, title 34, section 685.21.
Subd. 2. Eligibility. (a) To be eligible to participate in
the hospital nursing loan forgiveness program, a nurse must be:
(1) enrolled in the PSLF program;
(2) employed full time as a registered
nurse by a nonprofit hospital that is an eligible employer under the PSLF
program; and
(3) providing direct care to patients
at the nonprofit hospital.
(b) An applicant for loan forgiveness
must submit to the commissioner of health:
(1) a completed application on forms
provided by the commissioner;
(2) proof that the applicant is
enrolled in the PSLF program; and
(3) confirmation that the applicant is
employed full time as a registered nurse by a nonprofit hospital and is providing
direct patient care.
(c) The applicant selected to
participate must sign a contract to agree to continue to provide direct patient
care as a registered nurse at a nonprofit hospital for the repayment period of
the participant's eligible loan under the PSLF program.
Subd. 3. Loan
forgiveness. (a) The
commissioner of health shall select applicants each year for participation in
the hospital nursing loan forgiveness program, within limits of available
funding. Applicants are responsible for
applying for and maintaining eligibility for the PSLF program.
(b) For each year that a participant
meets the eligibility requirements described in subdivision 2, the commissioner
shall make an annual disbursement directly to the participant in an amount
equal to the minimum loan payments required to be paid by the participant under
the participant's repayment plan under the PSLF program for the previous loan
year. Before receiving the annual loan
repayment disbursement, the participant must complete and return to the
commissioner a confirmation of practice form provided by the commissioner,
verifying that the participant continues to meet the eligibility requirements
under subdivision 2.
(c) The participant must
provide the commissioner with verification that the full amount of loan
repayment disbursement received by the participant has been applied toward the
loan for which forgiveness is sought under the PSLF program.
Subd. 4. Penalty
for nonfulfillment. If a
participant does not fulfill the required minimum commitment of service as
required under subdivision 2, or the secretary of education determines that the
participant does not meet eligibility requirements for the PSLF program, the
commissioner shall collect from the participant the total amount paid to the
participant under the hospital nursing loan forgiveness program plus interest
at a rate established according to section 270C.40. The commissioner shall deposit the money
collected in the health care access fund to be credited to the health professional
education loan forgiveness program account established in section 144.1501,
subdivision 2. The commissioner shall
allow waivers of all or part of the money owed to the commissioner as a result
of a nonfulfillment penalty if emergency circumstances prevent fulfillment of
the service commitment or if the PSLF program is discontinued before the
participant's service commitment is fulfilled.
Sec. 18. Minnesota Statutes 2020, section 144.1505, is amended to read:
144.1505
HEALTH PROFESSIONALS CLINICAL TRAINING EXPANSION AND RURAL AND UNDERSERVED
CLINICAL ROTATIONS GRANT PROGRAM PROGRAMS.
Subdivision 1. Definitions. For purposes of this section, the following definitions apply:
(1) "eligible advanced practice registered nurse program" means a program that is located in Minnesota and is currently accredited as a master's, doctoral, or postgraduate level advanced practice registered nurse program by the Commission on Collegiate Nursing Education or by the Accreditation Commission for Education in Nursing, or is a candidate for accreditation;
(2) "eligible dental program"
means a dental residency training program that is located in Minnesota and is
currently accredited by the accrediting body or is a candidate for
accreditation;
(2) (3) "eligible
dental therapy program" means a dental therapy education program or
advanced dental therapy education program that is located in Minnesota and is
either:
(i) approved by the Board of Dentistry; or
(ii) currently accredited by the Commission on Dental Accreditation;
(3) (4) "eligible
mental health professional program" means a program that is located in
Minnesota and is listed as a mental health professional program by the
appropriate accrediting body for clinical social work, psychology, marriage and
family therapy, or licensed professional clinical counseling, or is a candidate
for accreditation;
(4) (5) "eligible
pharmacy program" means a program that is located in Minnesota and is
currently accredited as a doctor of pharmacy program by the Accreditation
Council on Pharmacy Education;
(5) (6) "eligible
physician assistant program" means a program that is located in Minnesota
and is currently accredited as a physician assistant program by the
Accreditation Review Commission on Education for the Physician Assistant, or is
a candidate for accreditation;
(7) "eligible physician
program" means a physician residency training program that is located in
Minnesota and is currently accredited by the accrediting body or is a candidate
for accreditation;
(6) (8) "mental health professional" means an individual providing clinical services in the treatment of mental illness who meets one of the qualifications under section 245.462, subdivision 18; and
(7) (9) "project"
means a project to establish or expand clinical training for physician
assistants, advanced practice registered nurses, pharmacists, physicians,
dentists, dental therapists, advanced dental therapists, or mental health
professionals in Minnesota.
Subd. 2. Health professionals clinical training expansion grant program. (a) The commissioner of health shall award health professional training site grants to eligible physician assistant, advanced practice registered nurse, pharmacy, dental therapy, and mental health professional programs to plan and implement expanded clinical training. A planning grant shall not exceed $75,000, and a training grant shall not exceed $150,000 for the first year, $100,000 for the second year, and $50,000 for the third year per program.
(b) Funds may be used for:
(1) establishing or expanding clinical training for physician assistants, advanced practice registered nurses, pharmacists, dental therapists, advanced dental therapists, and mental health professionals in Minnesota;
(2) recruitment, training, and retention of students and faculty;
(3) connecting students with appropriate clinical training sites, internships, practicums, or externship activities;
(4) travel and lodging for students;
(5) faculty, student, and preceptor salaries, incentives, or other financial support;
(6) development and implementation of cultural competency training;
(7) evaluations;
(8) training site improvements, fees, equipment, and supplies required to establish, maintain, or expand a physician assistant, advanced practice registered nurse, pharmacy, dental therapy, or mental health professional training program; and
(9) supporting clinical education in which trainees are part of a primary care team model.
Subd. 2a. Health
professional rural and underserved clinical rotations grant program. (a) The commissioner of health shall
award health professional training site grants to eligible physician, physician
assistant, advanced practice registered nurse, pharmacy, dentistry, dental
therapy, and mental health professional programs to augment existing clinical
training programs by adding rural and underserved rotations or clinical
training experiences, such as credential or certificate rural tracks or other
specialized training. For physician and
dentist training, the expanded training must include rotations in primary care
settings such as community clinics, hospitals, health maintenance
organizations, or practices in rural communities.
(b) Funds may be used for:
(1) establishing or expanding rotations
and clinical trainings;
(2) recruitment, training, and
retention of students and faculty;
(3) connecting students with
appropriate clinical training sites, internships, practicums, or externship
activities;
(4) travel and lodging for
students;
(5) faculty, student, and preceptor
salaries, incentives, or other financial support;
(6) development and implementation of
cultural competency training;
(7) evaluations;
(8) training site improvements, fees,
equipment, and supplies required to establish, maintain, or expand training
programs; and
(9) supporting clinical education in
which trainees are part of a primary care team model.
Subd. 3. Applications. Eligible physician assistant, advanced
practice registered nurse, pharmacy, dental therapy, and mental health
professional, physician, and dental programs seeking a grant shall apply
to the commissioner. Applications must
include a description of the number of additional students who will be trained
using grant funds; attestation that funding will be used to support an increase
in the number of clinical training slots; a description of the problem that the
proposed project will address; a description of the project, including all
costs associated with the project, sources of funds for the project, detailed
uses of all funds for the project, and the results expected; and a plan to
maintain or operate any component included in the project after the grant
period. The applicant must describe
achievable objectives, a timetable, and roles and capabilities of responsible
individuals in the organization. Applicants
applying under subdivision 2a must also include information about the length of
training and training site settings, the geographic locations of rural sites,
and rural populations expected to be served.
Subd. 4. Consideration of applications. The commissioner shall review each application to determine whether or not the application is complete and whether the program and the project are eligible for a grant. In evaluating applications, the commissioner shall score each application based on factors including, but not limited to, the applicant's clarity and thoroughness in describing the project and the problems to be addressed, the extent to which the applicant has demonstrated that the applicant has made adequate provisions to ensure proper and efficient operation of the training program once the grant project is completed, the extent to which the proposed project is consistent with the goal of increasing access to primary care and mental health services for rural and underserved urban communities, the extent to which the proposed project incorporates team-based primary care, and project costs and use of funds.
Subd. 5. Program oversight. The commissioner shall determine the amount of a grant to be given to an eligible program based on the relative score of each eligible program's application and rural locations if applicable under subdivision 2b, other relevant factors discussed during the review, and the funds available to the commissioner. Appropriations made to the program do not cancel and are available until expended. During the grant period, the commissioner may require and collect from programs receiving grants any information necessary to evaluate the program.
Sec. 19. [144.1507]
PRIMARY CARE RURAL RESIDENCY TRAINING GRANT PROGRAM.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Eligible program" means
a program that meets the following criteria:
(1) is located in Minnesota;
(2) trains medical residents in the
specialties of family medicine, general internal medicine, general pediatrics,
psychiatry, geriatrics, or general surgery; and
(3) is accredited by the
Accreditation Council for Graduate Medical Education or presents a credible
plan to obtain accreditation.
(c) "Rural residency training
program" means a residency program that utilizes local clinics and
community hospitals and that provides an initial year of training in an existing
accredited residency program in Minnesota.
The subsequent years of the residency program are based in rural
communities with specialty rotations in nearby regional medical centers.
(d) "Eligible project" means
a project to establish and maintain a rural residency training program.
Subd. 2. Rural
residency training program. (a)
The commissioner of health shall award rural residency training program grants
to eligible programs to plan and implement rural residency training programs. A rural residency training program grant
shall not exceed $250,000 per resident per year for the first year of planning
and development, and $225,000 for each of the following years.
(b) Funds may be spent to cover the
costs of:
(1) planning related to establishing an
accredited rural residency training program;
(2) obtaining accreditation by the
Accreditation Council for Graduate Medical Education or another national body
that accredits rural residency training programs;
(3) establishing new rural residency
training programs;
(4) recruitment, training, and
retention of new residents and faculty;
(5) travel and lodging for new
residents;
(6) faculty, new resident, and
preceptor salaries related to a new rural residency training program;
(7) training site improvements, fees,
equipment, and supplies required for a new rural residency training program;
and
(8) supporting clinical education in
which trainees are part of a primary care team model.
Subd. 3. Applications for rural residency training program grants. (a) Eligible programs seeking a grant shall apply to the commissioner. Applications must include: (1) the number of new primary care rural residency training program slots planned, under development, or under contract; (2) a description of the training program, including the location of the established residency program and rural training sites; (3) a description of the project, including all costs associated with the project; (4) all sources of funds for the project; (5) detailed uses of all funds for the project; (6) the results expected; and (7) a plan to seek federal funding for graduate medical education for the site if eligible.
(b) The applicant must describe
achievable objectives, a timetable, and the roles and capabilities of responsible
individuals in the organization.
Subd. 4. Consideration
of grant applications. The
commissioner shall review each application to determine if the residency
program application is complete, if the proposed rural residency program and
residency slots are eligible for a grant, and if the program is eligible for
federal graduate medical education funding, and when funding becomes available. The commissioner shall award grants to
support training programs in family medicine, general internal medicine,
general pediatrics, psychiatry, geriatrics, and general surgery.
Subd. 5. Program
oversight. During the grant
period, the commissioner may require and collect from grantees any information
necessary to evaluate the program. Appropriations
made to the program do not cancel and are available until expended.
Sec. 20. [144.1508]
MENTAL HEALTH PROVIDER SUPERVISION GRANT PROGRAM.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Mental health
professional" means an individual with a qualification specified in
section 245I.04, subdivision 2.
(c) "Underrepresented
community" has the meaning given in section 148E.010, subdivision 20.
Subd. 2. Grant
program established. The
commissioner of health shall award grants to licensed or certified mental
health providers who meet the criteria in subdivision 3 to fund supervision of
interns and clinical trainees who are working toward becoming a licensed mental
health professional and to subsidize the costs of mental health professional
licensing applications and examination fees for clinical trainees.
Subd. 3. Eligible
providers. In order to be
eligible for a grant under this section, a mental health provider must:
(1) provide at least 25 percent of the
provider's yearly patient encounters to state public program enrollees or
patients receiving sliding fee schedule discounts through a formal sliding fee
schedule meeting the standards established by the United States Department of
Health and Human Services under Code of Federal Regulations, title 42, section
51c.303; or
(2) primarily serve persons from
communities of color or underrepresented communities.
Subd. 4. Application;
grant award. A mental health provider
seeking a grant under this section must apply to the commissioner at a time and
in a manner specified by the commissioner.
The commissioner shall review each application to determine if the
application is complete, the mental health provider is eligible for a grant,
and the proposed project is an allowable use of grant funds. The commissioner shall give preference to
grant applicants who work in rural or culturally specific organizations. The commissioner must determine the grant
amount awarded to applicants that the commissioner determines will receive a
grant.
Subd. 5. Allowable
uses of grant funds. A mental
health provider must use grant funds received under this section for one or
more of the following:
(1) to pay for direct supervision hours
for interns and clinical trainees, in an amount up to $7,500 per intern or
clinical trainee;
(2) to establish a program to provide
supervision to multiple interns or clinical trainees; or
(3) to pay mental health professional
licensing application and examination fees for clinical trainees.
Subd. 6. Program
oversight. During the grant
period, the commissioner may require grant recipients to provide the
commissioner with information necessary to evaluate the program.
Sec. 21. [144.1509]
MENTAL HEALTH PROFESSIONAL SCHOLARSHIP GRANT PROGRAM.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Mental health
professional" means an individual with a qualification specified in section
245I.04, subdivision 2.
(c) "Underrepresented
community" has the meaning given in section 148E.010, subdivision 20.
Subd. 2. Grant
program established. A mental
health professional scholarship program is established to assist mental health
providers in funding employee scholarships for master's level education
programs in order to create a pathway to becoming a mental health professional.
Subd. 3. Provision
of grants. The commissioner
of health shall award grants to licensed or certified mental health providers
who meet the criteria in subdivision 4 to provide tuition reimbursement for
master's level programs and certain related costs for individuals who have
worked for the mental health provider for at least the past two years in one or
more of the following roles:
(1) a mental health behavioral aide who
meets a qualification in section 245I.04, subdivision 16;
(2)
a mental health certified family peer specialist who meets the qualifications
in section 245I.04, subdivision 12;
(3) a mental health certified peer
specialist who meets the qualifications in section 245I.04, subdivision 10;
(4) a mental health practitioner who
meets a qualification in section 245I.04, subdivision 4;
(5) a mental health rehabilitation
worker who meets the qualifications in section 245I.04, subdivision 14;
(6) an individual employed in a role in
which the individual provides face-to-face client services at a mental health
center or certified community behavioral health center; or
(7) a staff person who provides care or
services to residents of a residential treatment facility.
Subd. 4. Eligibility. In order to be eligible for a grant
under this section, a mental health provider must:
(1) primarily provide at least 25
percent of the provider's yearly patient encounters to state public program
enrollees or patients receiving sliding fee schedule discounts through a formal
sliding fee schedule meeting the standards established by the United States
Department of Health and Human Services under Code of Federal Regulations,
title 42, section 51c.303; or
(2) primarily serve people from
communities of color or underrepresented communities.
Subd. 5. Request
for proposals. The
commissioner must publish a request for proposals in the State Register
specifying provider eligibility requirements, criteria for a qualifying
employee scholarship program, provider selection criteria, documentation
required for program participation, the maximum award amount, and methods of
evaluation. The commissioner must
publish additional requests for proposals each year in which funding is
available for this purpose.
Subd. 6. Application
requirements. An eligible
provider seeking a grant under this section must submit an application to the
commissioner. An application must
contain a complete description of the employee scholarship program being
proposed by the applicant, including the need for the mental health provider to
enhance the education of its workforce, the process the mental health provider
will use to determine which employees will be eligible for scholarships, any
other funding sources for scholarships, the amount of funding sought for the
scholarship program, a proposed budget detailing how funds will be spent, and
plans to retain eligible employees after completion of the education program.
Subd. 7. Selection
process. The commissioner
shall determine a maximum award amount for grants and shall select grant
recipients based on the information provided in the grant application,
including the demonstrated need for the applicant provider to enhance the
education of its workforce, the proposed process to select employees for
scholarships, the applicant's proposed budget, and other criteria as determined
by the commissioner. The commissioner
shall give preference to grant applicants who work in rural or culturally
specific organizations.
Subd. 8. Grant
agreements. Notwithstanding
any law or rule to the contrary, funds awarded to a grant recipient in a grant
agreement do not lapse until the grant agreement expires.
Subd. 9. Allowable
uses of grant funds. A mental
health provider receiving a grant under this section must use the grant funds
for one or more of the following:
(1) to provide employees with tuition
reimbursement for a master's level program in a discipline that will allow the
employee to qualify as a mental health professional; or
(2) for resources and supports, such as
child care and transportation, that allow an employee to attend a master's
level program specified in clause (1).
Subd. 10. Reporting
requirements. A mental health
provider receiving a grant under this section shall submit to the commissioner
an invoice for reimbursement and a report, on a schedule determined by the
commissioner and using a form supplied by the commissioner. The report must include the amount spent on
scholarships; the number of employees who received scholarships; and, for each
scholarship recipient, the recipient's name, current position, amount awarded,
educational institution attended, name of the educational program, and expected
or actual program completion date.
Sec. 22. [144.1511]
CLINICAL HEALTH CARE TRAINING.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Accredited clinical
training" means the clinical training provided by a medical education
program that is accredited through an organization recognized by the Department
of Education, the Centers for Medicare and Medicaid Services, or another national
body that reviews the accrediting organizations for multiple disciplines and
whose standards for recognizing accrediting organizations are reviewed and
approved by the commissioner of health.
(c) "Commissioner" means the
commissioner of health.
(d) "Clinical medical education
program" means the accredited clinical training of physicians, medical
students and residents, doctor of pharmacy practitioners, doctors of
chiropractic, dentists, advanced practice registered nurses, clinical nurse
specialists, certified registered nurse anesthetists, nurse practitioners,
certified nurse midwives, physician assistants, dental therapists and advanced
dental therapists, psychologists, clinical social workers, community
paramedics, community health workers, and other medical professions as
determined by the commissioner.
(e) "Eligible entity" means an
organization that is located in Minnesota, provides a clinical medical
education experience, and hosts students, residents or other trainee types as
determined by the commissioner and are from an accredited Minnesota teaching
program and institution.
(f) "Teaching institution"
means a hospital, medical center, clinic, or other organization that conducts a
clinical medical education program in Minnesota and which is accountable to the
accrediting body.
(g) "Trainee" means a student,
resident, fellow, or other postgraduate involved in a clinical medical
education program from an accredited Minnesota teaching program and
institution.
(h) "Eligible trainee FTEs"
means the number of trainees, as measured by full-time equivalent counts, that
are training in Minnesota at an entity with either currently active medical
assistance enrollment status and a National Provider Identification (NPI)
number or documentation that they provide sliding fee services. Training may occur in an inpatient or
ambulatory patient care setting or alternative setting as determined by the
commissioner. Training that occurs in
nursing facility settings is not eligible for funding under this section.
Subd. 2. Application
process. (a) An eligible
entity hosting clinical trainees from a clinical medical education program and
teaching institution is eligible for funds under subdivision 3 if the entity:
(1) is funded in part by sliding fee
scale services or enrolled in the Minnesota health care program;
(2) faces increased financial pressure
as a result of competition with nonteaching patient care entities; and
(3) emphasizes primary care or
specialties that are in undersupply in rural or underserved areas of Minnesota.
(b) An entity hosting a clinical
medical education program for advanced practice nursing is eligible for funds
under subdivision 3 if the program meets the eligibility requirements in
paragraph (a) and is sponsored by the University of Minnesota Academic Health
Center, the Mayo Foundation, or an institution that is part of the Minnesota
State Colleges and Universities system or a member of the Minnesota Private
College Council.
(c) An application must be submitted to
the commissioner by an eligible entity or teaching institution and contain the
following information:
(1) the official name and address and
the site address of the clinical medical education program where eligible
trainees are hosted;
(2) the name, title, and business address
of those persons responsible for administering the funds; and
(3) for each applicant: (i) the type and specialty orientation of
trainees in the program; (ii) the name, entity address, and medical assistance
provider number and national provider identification number of each training
site used in the program, as appropriate; (iii) the federal tax identification
number of each training site, where available; (iv) the total number of
trainees at each training site; (v) the total number of eligible trainee FTEs
at each site; and (vi) other supporting information the commissioner deems
necessary.
(d) An applicant that does not provide
information requested by the commissioner shall not be eligible for funds for
the current funding cycle.
Subd. 3. Distribution
of funds. (a) The
commissioner may distribute funds for clinical training in areas of Minnesota
and for professions listed in subdivision 1, paragraph (d) determined by the
commissioner as a high need area and profession shortage. The commissioner shall annually distribute
medical education funds to qualifying applicants under this section based on
costs to train, service level needs, and profession or training site shortages. Use of funds is limited to related clinical
training costs for eligible programs.
(b) To ensure the quality of clinical
training, eligible entities must demonstrate that they hold contracts in good
standing with eligible educational institutions that specify the terms,
expectations, and outcomes of the clinical training conducted at sites. Funds shall be distributed in an
administrative process determined by the commissioner to be efficient.
Subd. 4. Report. (a) Teaching institutions receiving
funds under this section must sign and submit a medical education grant verification
report (GVR) to verify that the correct grant amount was forwarded to each
eligible entity. If the teaching
institution fails to submit the GVR by the stated deadline, or to request and
meet the deadline for an extension, the sponsoring institution is required to
return the full amount of funds received to the commissioner within 30 days of
receiving notice from the commissioner. The
commissioner shall distribute returned funds to the appropriate training sites
in accordance with the commissioner's approval letter.
(b) Teaching institutions receiving
funds under this section must provide any other information the commissioner
deems appropriate to evaluate the effectiveness of the use of funds for medical
education.
Sec. 23. Minnesota Statutes 2020, section 144.383, is amended to read:
144.383
AUTHORITY OF COMMISSIONER; SAFE DRINKING WATER.
In order to insure ensure
safe drinking water in all public water supplies, the commissioner has the following
powers power to:
(a) To (1) approve the site,
design, and construction and alteration of all public water supplies and, for
community and nontransient noncommunity water systems as defined in Code of
Federal Regulations, title 40, section 141.2, to approve documentation that
demonstrates the technical, managerial, and financial capacity of those systems
to comply with rules adopted under this section;
(b) To (2) enter the premises
of a public water supply, or part thereof, to inspect the facilities and
records kept pursuant to rules promulgated by the commissioner, to conduct
sanitary surveys and investigate the standard of operation and service
delivered by public water supplies;
(c) To (3) contract with
community health boards as defined in section 145A.02, subdivision 5, for
routine surveys, inspections, and testing of public water supply quality;
(d) To (4) develop an
emergency plan to protect the public when a decline in water quality or
quantity creates a serious health risk, and to issue emergency orders if a
health risk is imminent;
(e) To (5) promulgate rules,
pursuant to chapter 14 but no less stringent than federal regulation, which may
include the granting of variances and exemptions.; and
(6) maintain a database of lead service
lines, provide technical assistance to community water systems, and ensure the
lead service inventory data is accessible to the public with relevant
educational materials about health risks related to lead and ways to reduce
exposure.
Sec. 24. Minnesota Statutes 2020, section 144.554, is amended to read:
144.554
HEALTH FACILITIES CONSTRUCTION PLAN SUBMITTAL AND FEES.
For hospitals, nursing homes, boarding care homes, residential hospices, supervised living facilities, freestanding outpatient surgical centers, and end-stage renal disease facilities, the commissioner shall collect a fee for the review and approval of architectural, mechanical, and electrical plans and specifications submitted before construction begins for each project relative to construction of new buildings, additions to existing buildings, or remodeling or alterations of existing buildings. All fees collected in this section shall be deposited in the state treasury and credited to the state government special revenue fund. Fees must be paid at the time of submission of final plans for review and are not refundable. The fee is calculated as follows:
Sec. 25. [144.7051]
DEFINITIONS.
Subdivision 1. Applicability. For the purposes of sections 144.7051
to 144.7059, the terms defined in this section have the meanings given.
Subd. 2. Commissioner. "Commissioner" means the
commissioner of health.
Subd. 3. Daily
staffing schedule. "Daily
staffing schedule" means the actual number of full-time equivalent
nonmanagerial care staff assigned to an inpatient care unit and providing care
in that unit during a 24-hour period and the actual number of patients assigned
to each direct care registered nurse present and providing care in the unit.
Subd. 4. Direct
care registered nurse. "Direct
care registered nurse" means a registered nurse, as defined in section
148.171, subdivision 20, who is nonsupervisory and nonmanagerial and who
directly provides nursing care to patients more than 60 percent of the time.
Subd. 5. Hospital. "Hospital" means any setting
that is licensed as a hospital under sections 144.50 to 144.56.
EFFECTIVE
DATE. This section is
effective April 1, 2024.
Sec. 26. [144.7053]
HOSPITAL NURSE STAFFING COMMITTEES.
Subdivision 1. Hospital
nurse staffing committee required. Each
hospital must establish and maintain a functioning hospital nurse staffing
committee. A hospital may assign the
functions and duties of a hospital nurse staffing committee to an existing
committee, provided the existing committee meets the membership requirements
applicable to a hospital nurse staffing committee.
Subd. 2. Committee
membership. (a) At least 35
percent of the committee's membership must be direct care registered nurses
typically assigned to a specific unit for an entire shift, and at least 15
percent of the committee's membership must be other direct care workers
typically assigned to a specific unit for an entire shift. Direct care registered nurses and other
direct care workers who are members of a collective bargaining unit shall be
appointed or elected to the committee according to the guidelines of the
applicable collective bargaining agreement.
If there is no collective bargaining agreement, direct care registered
nurses shall be elected to the committee by direct care registered nurses
employed by the hospital, and other direct care workers shall be elected to the
committee by other direct care workers employed by the hospital.
(b) The hospital shall appoint no more
than 50 percent of the committee's membership.
Subd. 3. Compensation. A hospital must treat participation in
committee meetings by any hospital employee as scheduled work time and
compensate each committee member at the employee's existing rate of pay. A hospital must relieve all direct care
registered nurse members of the hospital nurse staffing committee of other work
duties during the times at which the committee meets.
Subd. 4. Meeting
frequency. Each hospital
nurse staffing committee must meet at least quarterly.
Subd. 5. Committee
duties. (a) Each hospital
nurse staffing committee shall create, implement, continuously evaluate, and
update as needed evidence-based written core staffing plans to guide the
creation of daily staffing schedules for each inpatient care unit of the
hospital.
(b) Each hospital nurse staffing
committee must:
(1) establish a secure and anonymous
method for any hospital employee or patient to submit directly to the committee
any concerns related to safe staffing;
(2) review each concern related to safe
staffing submitted directly to the committee;
(3) review the documentation of
compliance maintained by the hospital under section 144.7056, subdivision 5;
(4) conduct a trend analysis of the data
related to all reported concerns regarding safe staffing;
(5) develop a mechanism for tracking
and analyzing staffing trends within the hospital;
(6) submit to the commissioner a nurse
staffing report; and
(7) record in the committee minutes for
each meeting a summary of the discussions and recommendations of the committee. Each committee must maintain the minutes,
records, and distributed materials for five years.
EFFECTIVE
DATE. This section is
effective April 1, 2024.
Sec. 27. Minnesota Statutes 2020, section 144.7055, is amended to read:
144.7055
HOSPITAL CORE STAFFING PLAN REPORTS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) (a) "Core staffing
plan" means the projected number of full-time equivalent nonmanagerial
care staff that will be assigned in a 24-hour period to an inpatient care unit
a plan described in subdivision 2.
(c) (b) "Nonmanagerial care staff" means registered nurses, licensed practical nurses, and other health care workers, which may include but is not limited to nursing assistants, nursing aides, patient care technicians, and patient care assistants, who perform nonmanagerial direct patient care functions for more than 50 percent of their scheduled hours on a given patient care unit.
(d) (c) "Inpatient care
unit" or "unit" means a designated inpatient area for
assigning patients and staff for which a distinct staffing plan daily
staffing schedule exists and that operates 24 hours per day, seven days per
week in a hospital setting. Inpatient
care unit does not include any hospital-based clinic, long-term care facility,
or outpatient hospital department.
(e) (d) "Staffing hours
per patient day" means the number of full-time equivalent nonmanagerial
care staff who will ordinarily be assigned to provide direct patient care
divided by the expected average number of patients upon which such assignments
are based.
(f) "Patient acuity tool"
means a system for measuring an individual patient's need for nursing care. This includes utilizing a professional
registered nursing assessment of patient condition to assess staffing need.
Subd. 2. Hospital
core staffing report plans. (a) The chief nursing executive or
nursing designee hospital nurse staffing committee of every reporting
hospital in Minnesota under section 144.50 will must develop a
core staffing plan for each patient inpatient care unit.
(b) Core staffing plans shall must
specify all of the following:
(1) the projected number of
full-time equivalent for nonmanagerial care staff that will be
assigned in a 24-hour period to each patient inpatient care
unit for each 24-hour period.;
(2) the maximum number of patients on
each inpatient care unit for whom a direct care registered nurse can be
assigned and for whom a licensed practical nurse or certified nursing assistant
can typically safely care;
(3) criteria for determining when
circumstances exist on each inpatient care unit such that a direct care nurse
cannot safely care for the typical number of patients and when assigning a
lower number of patients to each nurse on the inpatient unit would be
appropriate;
(4) a procedure for each inpatient care
unit to make shift-to-shift adjustments in staffing levels when such
adjustments are required by patient acuity and nursing intensity in the unit;
(5) a contingency plan for each
inpatient unit to safely address circumstances in which patient care needs
unexpectedly exceed the staffing resources provided for in a daily staffing
schedule. A contingency plan must
include a method to quickly identify for each daily staffing schedule
additional direct care registered nurses who are available to provide direct
care on the inpatient care unit; and
(6) strategies to enable direct care
registered nurses to take breaks to which they are entitled under law or under
an applicable collective bargaining agreement.
(c) Core staffing plans must ensure
that:
(1) the person creating a daily
staffing schedule has sufficiently detailed information to create a daily
staffing schedule that meets the requirements of the plan;
(2) daily staffing nurse schedules do
not rely on assigning individual nonmanagerial care staff to work overtime
hours in excess of 16 hours in a 24-hour period or to work consecutive 24-hour
periods requiring 16 or more hours;
(3) a direct care registered
nurse is not required or expected to perform functions outside the nurse's
professional license;
(4) light duty direct care registered
nurses are given appropriate assignments; and
(5) daily staffing schedules do not
interfere with applicable collective bargaining agreements.
Subd. 2a. Development
of hospital core staffing plans. (a)
Prior to submitting completing or updating the core staffing
plan, as required in subdivision 3, hospitals shall a hospital nurse
staffing committee must consult with representatives of the hospital
medical staff, managerial and nonmanagerial care staff, and other relevant
hospital personnel about the core staffing plan and the expected average number
of patients upon which the core staffing plan is based.
(b) When developing a core staffing
plan, a hospital nurse staffing committee must consider all of the following:
(1) the individual needs and expected
census of each inpatient care unit;
(2) unit-specific patient acuity,
including fall risk and behaviors requiring intervention, such as physical
aggression toward self or others, or destruction of property;
(3) unit-specific demands on direct care
registered nurses' time, including: frequency
of admissions, discharges, and transfers; frequency and complexity of patient
evaluations and assessments; frequency and complexity of nursing care planning;
planning for patient discharge; assessing for patient referral; patient
education; and implementing infectious disease protocols;
(4) the architecture and geography of
the inpatient care unit, including the placement of patient rooms, treatment
areas, nursing stations, medication preparation areas, and equipment;
(5)
mechanisms and procedures to provide for one-to-one patient observation for
patients on psychiatric or other units;
(6) the stress under which direct care
nurses are placed when required to work extreme amounts of overtime, such as
shifts in excess of 12 hours or multiple consecutive double shifts;
(7) the need for specialized equipment
and technology on the unit;
(8) other special characteristics of the
unit or community patient population, including age, cultural and linguistic
diversity and needs, functional ability, communication skills, and other
relevant social and socioeconomic factors;
(9) the skill mix of personnel other
than direct care registered nurses providing or supporting direct patient care
on the unit;
(10) mechanisms and procedures for identifying
additional registered nurses who are available for direct patient care when
patients' unexpected needs exceed the planned workload for direct care staff;
and
(11) demands on direct care registered
nurses' time not directly related to providing direct care on a unit, such as
involvement in quality improvement activities, professional development,
service to the hospital, including serving on the hospital nurse staffing
committee, and service to the profession.
Subd. 3. Standard
electronic reporting developed of core staffing plans. (a) Hospitals Each hospital
must submit the core staffing plans approved by the hospital's nurse
staffing committee to the Minnesota Hospital Association by January 1,
2014. The Minnesota Hospital
Association shall include each reporting hospital's core staffing plan
plans on the Minnesota Hospital Association's Minnesota Hospital Quality
Report website by April 1, 2014 by June 1, 2024. Hospitals shall submit to the Minnesota
Hospital Association any substantial changes
updates
to the a core staffing plan shall be updated within 30
days of the approval of the updates by the hospital's nurse staffing
committee or of amendment through arbitration.
The Minnesota Hospital Association shall update the Minnesota Hospital
Quality Report website with the updated core staffing plans within 30 days of
receipt of the updated plan.
Subd. 4. Standard
electronic reporting of direct patient care report. (b) The Minnesota Hospital
Association shall include on its website for each reporting hospital on a
quarterly basis the actual direct patient care hours per patient and per unit. Hospitals must submit the direct patient care
report to the Minnesota Hospital Association by July 1, 2014, and
quarterly thereafter.
Subd. 5. Mandatory
submission of core staffing plan to commissioner. Each hospital must submit the core
staffing plans and any updates to the commissioner on the same schedule
described in subdivision 3. Core
staffing plans held by the commissioner are public.
EFFECTIVE
DATE. This section is
effective April 1, 2024.
Sec. 28. [144.7056]
IMPLEMENTATION OF HOSPITAL CORE STAFFING PLANS.
Subdivision 1. Plan
implementation required. A
hospital must implement the core staffing plans approved by a majority vote of
the hospital nurse staffing committee.
Subd. 2. Public
posting of core staffing plans. A
hospital must post the core staffing plan for the inpatient care unit in a
public area on the unit.
Subd. 3. Public
posting of compliance with plan. For
each publicly posted core staffing plan, a hospital must post a notice stating
whether the current staffing on the unit complies with the hospital's core
staffing plan for that unit. The public
notice of compliance must include a list of the number of nonmanagerial care
staff working on the unit during the current shift and the number of patients
assigned to each direct care registered nurse working on the unit during the
current shift. The list must enumerate
the nonmanagerial care staff by health care worker type. The public notice of compliance must be
posted immediately adjacent to the publicly posted core staffing plan.
Subd. 4. Public
distribution of core staffing plan and notice of compliance. (a) A hospital must include with the
posted materials described in subdivisions 2 and 3, a statement that individual
copies of the posted materials are available upon request to any patient on the
unit or to any visitor of a patient on the unit. The statement must include specific
instructions for obtaining copies of the posted materials.
(b) A hospital must, within four hours
after the request, provide individual copies of all the posted materials
described in subdivisions 2 and 3 to any patient on the unit or to any visitor
of a patient on the unit who requests the materials.
Subd. 5. Documentation
of compliance. Each hospital
must document compliance with its core staffing plans and maintain records
demonstrating compliance for each inpatient care unit for five years. Each hospital must provide its hospital nurse
staffing committee with access to all documentation required under this
subdivision.
Subd. 6. Dispute
resolution. (a) If hospital
management objects to a core staffing plan approved by a majority vote of the
hospital nurse staffing committee, the hospital may elect to attempt to amend
the core staffing plan through arbitration.
(b) During an ongoing dispute resolution
process, a hospital must continue to implement the core staffing plan as
written and approved by the hospital nurse staffing committee.
(c) If the dispute resolution process
results in an amendment to the core staffing plan, the hospital must implement
the amended core staffing plan.
EFFECTIVE
DATE. This section is
effective June 1, 2024.
Sec. 29. [144.7059]
RETALIATION PROHIBITED.
Neither a hospital or nor a
health-related licensing board may retaliate against or discipline a hospital
employee regulated by the health-related licensing board, either formally or
informally, for:
(1) challenging the process by which a
hospital nurse staffing committee is formed or conducts its business;
(2) challenging a core staffing plan
approved by a hospital nurse staffing committee;
(3) objecting to or submitting a
grievance related to a patient assignment that leads to a direct care
registered nurse violating medical restrictions recommended by the nurse's
medical provider; or
(4) submitting a report of unsafe
staffing conditions.
EFFECTIVE
DATE. This section is
effective April 1, 2024.
Sec. 30. [144.8611]
DRUG OVERDOSE AND SUBSTANCE ABUSE PREVENTION.
Subdivision 1. Strategies. The commissioner of health shall support collaboration and coordination between state and community partners to develop, refine, and expand comprehensive funding to address the drug overdose epidemic by implementing three strategies: (1) regional multidisciplinary overdose prevention teams to implement overdose prevention in local communities and local public health organizations; (2) enhance supportive services for the homeless who are at risk of overdose by providing emergency and short-term housing subsidies through the Homeless Overdose Prevention Hub; and (3) enhance employer resources to promote health and well-being of employees through the recovery friendly workplace initiative. These strategies address the underlying social conditions that impact health status.
Subd. 2. Regional
teams. The commissioner of
health shall establish community-based prevention grants and contracts for the
eight regional multidisciplinary overdose prevention teams. These teams shall be geographically aligned
with the eight emergency medical services regions described in section 144E.52. The regional teams shall implement prevention
programs, policies, and practices that are specific to the challenges and
responsive to the data of the region.
Subd. 3. Homeless
Overdose Prevention Hub. The
commissioner of health shall establish a community-based grant to enhance
supportive services for the homeless who are at risk of overdose by providing
emergency and short-term housing subsidies through the Homeless Overdose
Prevention Hub. The Homeless Overdose
Prevention Hub serves primarily urban American Indians in Minneapolis and Saint
Paul and is managed by the Native American Community Clinic.
Subd. 4. Workplace
health. The commissioner of
health shall establish a grants and contracts program to strengthen the
recovery friendly workplace initiative. This
initiative helps create work environments that promote employee health, safety,
and well-being by: (1) preventing abuse
and misuse of drugs in the first place; (2) providing training to employers;
and (3) reducing stigma and supporting recovery for people seeking services and
who are in recovery.
Subd. 5. Eligible
grantees. (a) Organizations
eligible to receive grant funding under subdivision 4 include not‑for-profit
agencies or organizations with existing organizational structure, capacity,
trainers, facilities, and infrastructure designed to deliver model workplace policies
and practices; that have training and education for employees, supervisors, and
executive leadership of companies, businesses, and industry; and that have the
ability to evaluate the three goals of the workplace initiative specified in
subdivision 4.
(b)
At least one organization may be selected for a grant under subdivision 4 with
statewide reach and influence. Up to
five smaller organizations may be selected to reach specific geographic or
population groups.
Subd. 6. Evaluation. The commissioner of health shall
design, conduct, and evaluate each of the components of the drug overdose and
substance abuse prevention program using measures such as mortality, morbidity,
homelessness, workforce wellness, employee retention, and program reach.
Subd. 7. Report. Grantees must report grant program
outcomes to the commissioner on the forms and according to the timelines
established by the commissioner.
Sec. 31. Minnesota Statutes 2020, section 144.9501, subdivision 9, is amended to read:
Subd. 9. Elevated
blood lead level. "Elevated
blood lead level" means a diagnostic blood lead test with a result that is
equal to or greater than ten 3.5 micrograms of lead per deciliter
of whole blood in any person, unless the commissioner finds that a lower
concentration is necessary to protect public health.
Sec. 32. [144.9981]
CLIMATE RESILIENCY.
Subdivision 1. Climate
resiliency program. The
commissioner of health shall implement a climate resiliency program to:
(1) increase awareness of climate
change;
(2) track the public health impacts of
climate change and extreme weather events;
(3) provide technical assistance and
tools that support climate resiliency to local public health organizations,
Tribal health organizations, soil and water conservation districts, and other
local governmental and nongovernmental organizations; and
(4) coordinate with the commissioners
of the Pollution Control Agency, natural resources, agriculture, and other
state agencies in climate resiliency related planning and implementation.
Subd. 2. Grants
authorized; allocation. (a)
The commissioner of health shall manage a grant program for the purpose of
climate resiliency planning. The
commissioner shall award grants through a request for proposals process to
local public health organizations, Tribal health organizations, soil and water
conservation districts, or other local organizations for planning for the
health impacts of extreme weather events and developing adaptation actions. Priority shall be given to small rural water
systems and organizations incorporating the needs of private water supplies
into their planning. Priority shall also
be given to organizations that serve communities that are disproportionately
impacted by climate change.
(b) Grantees must use the funds to
develop a plan or implement strategies that will reduce the risk of health
impacts from extreme weather events. The
grant application must include:
(1) a description of the plan or
project for which the grant funds will be used;
(2) a description of the pathway
between the plan or project and its impacts on health;
(3) a description of the objectives, a
work plan, and a timeline for implementation; and
(4) the community or group the grant
proposes to focus on.
Sec. 33. [145.361]
LONG COVID; SUPPORTING SURVIVORS AND MONITORING IMPACT.
Subdivision 1. Definition. For the purpose of this section,
"long COVID" means health problems that people experience four or
more weeks after being infected with SARS-CoV-2, the virus that causes COVID-19. Long COVID is also called post COVID,
long-haul COVID, chronic COVID, post-acute COVID, or post-acute sequelae of
COVID-19 (PASC).
Subd. 2. Statewide
monitoring. The commissioner
of health shall establish a program to conduct community needs assessments,
perform epidemiologic studies, and establish a population-based surveillance
system to address long COVID. The
purposes of these assessments, studies, and surveillance system are to:
(1) monitor trends in incidence,
prevalence, mortality, care management, health outcomes, quality of life, and
needs of individuals with long COVID and to detect potential public health
problems, predict risks, and assist in investigating long COVID health
disparities;
(2) more accurately target intervention
resources for communities and patients and their families;
(3) inform health professionals and
citizens about risks, early detection, and treatment of long COVID known to be
elevated in their communities; and
(4) promote high quality studies to provide
better information for long COVID prevention and control and to address public
concerns and questions about long COVID.
Subd. 3. Partnerships. The commissioner of health shall, in
consultation with health care professionals, the Department of Human Services,
local public health organizations, health insurers, employers, schools, long
COVID survivors, and community organizations serving people at high risk of
long COVID, routinely identify priority actions and activities to address the
need for communication, services, resources, tools, strategies, and policies to
support long COVID survivors and their families.
Subd. 4. Grants
and contracts. The
commissioner of health shall coordinate and collaborate with community and
organizational partners to implement evidence-informed priority actions,
including through community-based grants and contracts.
Subd. 5. Grant
recipient and contractor eligibility.
The commissioner of health shall award contracts and competitive
grants to organizations that serve communities disproportionately impacted by
COVID-19 and long COVID including but not limited to rural and low-income
areas, Black and African Americans, African immigrants, American Indians, Asian
American-Pacific Islanders, Latino, LGBTQ+, and persons with disabilities. Organizations may also address
intersectionality within such groups.
Subd. 6. Grants
and contracts authorized. The
commissioner of health shall award grants and contracts to eligible
organizations to plan, construct, and disseminate resources and information to
support survivors of long COVID, their caregivers, health care providers,
ancillary health care workers, workplaces, schools, communities, local and
Tribal public health, and other entities deemed necessary.
Sec. 34. Minnesota Statutes 2020, section 145.56, is amended by adding a subdivision to read:
Subd. 6. 988;
National Suicide Prevention Lifeline number. The National Suicide Prevention
Lifeline is expanded to improve the quality of care and access to behavioral
health crisis services and to further health equity and save lives.
Sec. 35. Minnesota Statutes 2020, section 145.56, is amended by adding a subdivision to read:
Subd. 7. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Commissioner" means the
commissioner of health.
(c) "Department" means the
Department of Health.
(d) "National Suicide Prevention
Lifeline" means a national network of certified local crisis centers
maintained by the federal Substance Abuse and Mental Health Services
Administration that provides free and confidential emotional support to people
in suicidal crisis or emotional distress 24 hours a day, seven days a week.
(e) "988 administrator" means
the administrator of the 988 National Suicide Prevention Lifeline.
(f) "988 Hotline" or
"Lifeline Center" means a state-identified center that is a member of
the National Suicide Prevention Lifeline network that responds to statewide or
regional 988 contacts.
(g) "Veterans Crisis Line"
means the Veterans Crisis Line maintained by the Secretary of Veterans Affairs
under United States Code, title 38, section 170F(h).
Sec. 36. Minnesota Statutes 2020, section 145.56, is amended by adding a subdivision to read:
Subd. 8. 988
National Suicide Prevention Lifeline.
(a) The commissioner of health shall administer the designated
lifeline and oversee a Lifeline Center or a network of Lifeline Centers to
answer contacts from individuals accessing the National Suicide Prevention
Lifeline 24 hours per day, seven days per week.
(b) The designated Lifeline Center(s)
shall:
(1) have an active agreement with the
administrator of the 988 National Suicide Prevention Lifeline for participation
within the network;
(2) meet the 988 administrator
requirements and best practice guidelines for operational and clinical
standards;
(3) provide data, report, and
participate in evaluations and related quality improvement activities as
required by the 988 administrator and the department;
(4) use technology that is interoperable
across crisis and emergency response systems used in the state, such as 911
systems, emergency medical services, and the National Suicide Prevention
Lifeline;
(5) deploy crisis and outgoing services,
including mobile crisis teams in accordance with guidelines established by the
988 administrator and the department;
(6) actively collaborate with local
mobile crisis teams to coordinate linkages for persons contacting the 988
Hotline for ongoing care needs;
(7) offer follow-up services to
individuals accessing the Lifeline Center that are consistent with guidance
established by the 988 administrator and the department; and
(8) meet the requirements set by the 988
administrator and the department for serving high risk and specialized
populations.
(c) The department shall collaborate
with the National Suicide Prevention Lifeline and Veterans Crisis Line networks
for the purpose of ensuring consistency of public messaging about 988 services.
Sec. 37. [145.871]
UNIVERSAL, VOLUNTARY HOME VISITING PROGRAM.
Subdivision 1. Grant
program. (a) The commissioner
of health shall award grants to eligible individuals and entities to establish
voluntary home visiting services to families expecting or caring for an infant,
including families adopting an infant. The
following individuals and entities are eligible for a grant under this section: community health boards; nonprofit
organizations; Tribal Nations; and health care providers, including doulas,
community health workers, perinatal health educators, early childhood family
education home visiting providers, nurses, community health technicians, and
local public health nurses.
(b) The grant money awarded under this section must be used to establish home visiting services that:
(1) provide a range of one to six
visits that occur prenatally or within the first four months of the expected
birth or adoption of an infant; and
(2) improve outcomes in two or more of
the following areas:
(i) maternal and newborn health;
(ii) school readiness and achievement;
(iii) family economic self-sufficiency;
(iv) coordination and referral for
other community resources and supports;
(v) reduction in child injuries, abuse,
or neglect; or
(vi) reduction in crime or domestic
violence.
(c) The commissioner shall ensure that
the voluntary home visiting services established under this section are
available to all families residing in the state by June 30, 2025. In awarding grants prior to the home visiting
services being available statewide, the commissioner shall prioritize
applicants serving high-risk or high-need populations of pregnant women and
families with infants, including populations with insufficient access to
prenatal care, high incidence of mental illness or substance use disorder, low
socioeconomic status, and other factors as determined by the commissioner.
Subd. 2. Home
visiting services. (a) The
home visiting services provided under this section must, at a minimum:
(1) offer information on infant care,
child growth and development, positive parenting, preventing diseases,
preventing exposure to environmental hazards, and support services in the
community;
(2) provide information on and
referrals to health care services, including information on and assistance in
applying for health care coverage for which the child or family may be
eligible, and provide information on the availability of group prenatal care,
preventative services, developmental assessments, and public assistance
programs as appropriate;
(3) include an assessment of the
physical, social, and emotional factors affecting the family and provide
information and referrals to address each family's identified needs;
(4) connect families to
additional resources available in the community, including early care and
education programs, health or mental health services, family literacy programs,
employment agencies, and social services, as needed;
(5) utilize appropriate racial, ethnic,
and cultural approaches to providing home visiting services; and
(6) be voluntary and free of charge to
families.
(b) Home visiting services under this
section may be provided through telephone or video communication when the
commissioner determines the methods are necessary to protect the health and
safety of individuals receiving the visits and the home visiting workforce.
Subd. 3. Administrative
costs. The commissioner may
use up to seven percent of the annual appropriation under this section to
provide training and technical assistance, to administer the program, and to
conduct ongoing evaluations of the program.
The commissioner may contract for training, capacity-building support
for grantees or potential grantees, technical assistance, and evaluation
support.
Sec. 38. Minnesota Statutes 2020, section 145.924, is amended to read:
145.924
AIDS PREVENTION GRANTS.
(a) The commissioner may award grants to community health boards as defined in section 145A.02, subdivision 5, state agencies, state councils, or nonprofit corporations to provide evaluation and counseling services to populations at risk for acquiring human immunodeficiency virus infection, including, but not limited to, minorities, adolescents, intravenous drug users, and homosexual men.
(b) The commissioner may award grants to agencies experienced in providing services to communities of color, for the design of innovative outreach and education programs for targeted groups within the community who may be at risk of acquiring the human immunodeficiency virus infection, including intravenous drug users and their partners, adolescents, gay and bisexual individuals and women. Grants shall be awarded on a request for proposal basis and shall include funds for administrative costs. Priority for grants shall be given to agencies or organizations that have experience in providing service to the particular community which the grantee proposes to serve; that have policy makers representative of the targeted population; that have experience in dealing with issues relating to HIV/AIDS; and that have the capacity to deal effectively with persons of differing sexual orientations. For purposes of this paragraph, the "communities of color" are: the American-Indian community; the Hispanic community; the African-American community; and the Asian-Pacific community.
(c) All state grants awarded under this section for programs targeted to adolescents shall include the promotion of abstinence from sexual activity and drug use.
(d) The commissioner may manage a
program and award grants to agencies experienced in syringe services programs
for expanding access to harm reduction services and improving linkages to care
to prevent HIV/AIDS, hepatitis, and other infectious diseases for those
experiencing homelessness or housing instability.
Sec. 39. [145.9271]
COMMUNITY SOLUTIONS FOR HEALTHY CHILD DEVELOPMENT GRANT PROGRAM.
Subdivision 1. Establishment. The commissioner of health shall
establish the community solutions for a healthy child development grant program. The purposes of the program are to:
(1) improve child development outcomes
related to the well-being of children of color and American Indian children
from prenatal to grade 3 and their families, including but not limited to the
goals outlined by the Department of Human Service's early childhood systems reform
effort that include: early learning;
health and well‑being; economic security; and safe, stable, nurturing
relationships and environments, by funding community‑based solutions for
challenges that are identified by the affected communities;
(2) reduce racial disparities
in children's health and development from prenatal to grade 3; and
(3) promote racial and geographic
equity.
Subd. 2. Commissioner's
duties. The commissioner of
health shall:
(1) develop a request for proposals for
the healthy child development grant program in consultation with the community
solutions advisory council established in subdivision 3;
(2) provide outreach, technical
assistance, and program development support to increase capacity for new and
existing service providers in order to better meet statewide needs,
particularly in greater Minnesota and areas where services to reduce health
disparities have not been established;
(3) review responses to requests for
proposals, in consultation with the community solutions advisory council, and
award grants under this section;
(4) ensure communication with the
ethnic councils, Minnesota Indian Affairs Council, and the Children's Cabinet
on the request for proposal process;
(5) establish a transparent and
objective accountability process, in consultation with the community solutions
advisory council, focused on outcomes that grantees agree to achieve;
(6) provide grantees with access to
data to assist grantees in establishing and implementing effective community‑led
solutions;
(7) maintain data on outcomes reported
by grantees; and
(8) contract with an independent
third-party entity to evaluate the success of the grant program and to build
the evidence base for effective community solutions in reducing health disparities
of children of color and American Indian children from prenatal to grade 3.
Subd. 3. Community
solutions advisory council; establishment; duties; compensation. (a) The commissioner of health shall
establish a community solutions advisory council. By October 1, 2022, the commissioner shall convene a 12-member community
solutions advisory council. Members of
the advisory council are:
(1) two members representing the
African Heritage community;
(2) two members representing the Latino
community;
(3) two members representing the
Asian-Pacific Islander community;
(4) two members representing the
American Indian community;
(5) two parents who are Black,
indigenous, or nonwhite people of color with children under nine years of age;
(6) one member with research or
academic expertise in racial equity and healthy child development; and
(7) one member representing an
organization that advocates on behalf of communities of color or American
Indians.
(b) At least three of the 12
members of the advisory council must come from outside the seven-county
metropolitan area.
(c) The community solutions advisory
council shall:
(1) advise the commissioner on the
development of the request for proposals for community solutions healthy child
development grants. In advising the
commissioner, the council must consider how to build on the capacity of
communities to promote child and family well-being and address social
determinants of healthy child development;
(2) review responses to requests for
proposals and advise the commissioner on the selection of grantees and grant
awards;
(3) advise the commissioner on the
establishment of a transparent and objective accountability process focused on
outcomes the grantees agree to achieve;
(4)
advise the commissioner on ongoing oversight and necessary support in the
implementation of the program; and
(5) support the commissioner on other
racial equity and early childhood grant efforts.
(d) Each advisory council member shall
be compensated as provided in section 15.059, subdivision 3.
Subd. 4. Eligible
grantees. Organizations
eligible to receive grant funding under this section include:
(1) organizations or entities that work
with Black, indigenous, and non-Black people of color communities;
(2) Tribal nations and Tribal
organizations as defined in section 658P of the Child Care and Development
Block Grant Act of 1990; and
(3) organizations or entities focused
on supporting healthy child development.
Subd. 5. Strategic
consideration and priority of proposals; eligible populations; grant awards. (a) The commissioner, in consultation
with the community solutions advisory council, shall develop a request for
proposals for healthy child development grants.
In developing the proposals and awarding the grants, the commissioner
shall consider building on the capacity of communities to promote child and
family well-being and address social determinants of healthy child development. Proposals must focus on increasing racial
equity and healthy child development and reducing health disparities
experienced by children of Black, nonwhite people of color, and American Indian
communities from prenatal to grade 3 and their families.
(b)
In awarding the grants, the commissioner shall provide strategic consideration
and give priority to proposals from:
(1) organizations or entities led by
Black and other nonwhite people of color and serving Black and nonwhite
communities of color;
(2) organizations or entities led by
American Indians and serving American Indians, including Tribal nations and
Tribal organizations;
(3) organizations or entities with
proposals focused on healthy development from prenatal to age three;
(4) organizations or entities with
proposals focusing on multigenerational solutions;
(5) organizations or entities
located in or with proposals to serve communities located in counties that are
moderate to high risk according to the Wilder Research Risk and Reach Report;
and
(6) community-based organizations that
have historically served communities of color and American Indians and have not
traditionally had access to state grant funding.
(c) The advisory council may recommend
additional strategic considerations and priorities to the commissioner.
(d) The first round of grants must be
awarded no later than April 15, 2023.
Subd. 6. Geographic
distribution of grants. To
the extent possible, the commissioner and the advisory council shall ensure
that grant funds are prioritized and awarded to organizations and entities that
are within counties that have a higher proportion of Black, nonwhite people of
color, and American Indians than the state average.
Subd. 7. Report. Grantees must report grant program
outcomes to the commissioner on the forms and according to the timelines
established by the commissioner.
Sec. 40. [145.9272]
LEAD TESTING AND REMEDIATION GRANT PROGRAM; SCHOOLS, CHILD CARE CENTERS, FAMILY
CHILD CARE PROVIDERS.
Subdivision 1. Establishment;
purpose. The commissioner of
health shall establish a grant program to test drinking water at licensed child
care centers and licensed family child care providers for the presence of lead
and to remediate identified sources of lead in drinking water at schools,
licensed child care centers, and licensed family child care providers.
Subd. 2. Grant
awards. (a) The commissioner
shall award grants through a request for proposals process to schools, licensed
child care centers, and licensed family child care providers. The commissioner shall award grants in the
following order of priority:
(1) statewide testing of drinking water
in licensed child care centers and licensed family child care providers for the
presence of lead and remediating identified sources of lead in these settings;
and
(2) remediating identified sources of
lead in drinking water in schools.
(b) The commissioner shall prioritize
grant awards for the purposes specified in paragraph (a), clause (1) or (2), to
settings with higher levels of lead detected in water samples, with evidence of
lead service lines or lead plumbing materials, or that serve or are in school
districts that serve disadvantaged communities.
Subd. 3. Uses
of grant funds. Licensed
child care centers and licensed family child care providers must use grant
funds under this section to test their drinking water for lead; remediate
sources of lead contamination within the building, including lead service lines
and premises plumbing; and implement best practices for water management within
the building. Schools must use grant
funds under this section to remediate sources of lead contamination within the
building and implement best practices for water management within the building.
Sec. 41. [145.9274]
REPORTS; SCHOOL TEST RESULTS AND REMEDIATION EFFORTS FOR LEAD IN DRINKING
WATER.
(a) School districts and charter schools
must report to the commissioner of health in a form and manner determined by
the commissioner:
(1) test results regarding the presence
of lead in drinking water in the school district's or charter school's
buildings; and
(2) information on remediation
efforts to address lead in drinking water, if a test reveals lead in drinking
water in an amount above 15 parts per billion.
(b) The commissioner must post on the
department website and annually update the test results and information on
remediation efforts reported under paragraph (a). The commissioner must post test results and
remediation efforts by school site.
Sec. 42. [145.9275]
SKIN-LIGHTENING PRODUCTS PUBLIC AWARENESS AND EDUCATION GRANT PROGRAM.
Subdivision 1. Grant
program. The commissioner of
health shall award grants through a request for proposal process to
community-based organizations that serve ethnic communities and focus on public
health outreach to Black and people of color communities on the issues of colorism,
skin-lightening products, and chemical exposures from these products. Priority in awarding grants shall be given to
organizations that have historically provided services to ethnic communities on
the skin-lightening and chemical exposure issue for the past four years.
Subd. 2. Uses
of grant funds. Grant
recipients must use grant funds awarded under this section to conduct public
awareness and education activities that are culturally specific and
community-based and that focus on:
(1) increasing public awareness and
providing education on the health dangers associated with using skin‑lightening
creams and products that contain mercury and hydroquinone and are manufactured
in other countries, brought into this country, and sold illegally online or in
stores; the dangers of exposure to mercury through dermal absorption,
inhalation, hand-to-mouth contact, and contact with individuals who have used
these skin-lightening products; the health effects of mercury poisoning,
including the permanent effects on the central nervous system and kidneys; and
the dangers to mothers and infants of using these products or being exposed to
these products during pregnancy and while breastfeeding;
(2) identifying products that contain
mercury and hydroquinone by testing skin-lightening products;
(3) developing a train the trainer
curriculum to increase community knowledge and influence behavior changes by
training community leaders, cultural brokers, community health workers, and
educators;
(4) continuing to build the self-esteem
and overall wellness of young people who are using skin-lightening products or
are at risk of starting the practice of skin lightening; and
(5) building the capacity of
community-based organizations to continue to combat skin-lightening practices
and chemical exposure.
Sec. 43. [145.9282]
COMMUNITY HEALTH WORKERS; REDUCING HEALTH DISPARITIES WITH COMMUNITY-LED CARE.
Subdivision 1. Establishment. The commissioner of health shall
support collaboration and coordination between state and community partners to
develop, refine, and expand the community health workers profession across the
state equipping them to address health needs and to improve health outcomes by
addressing the social conditions that impact health status. Community health professionals' work expands
beyond health care to bring health and racial equity into public safety, social
services, youth and family services, schools, neighborhood associations, and
more.
Subd. 2. Grants
authorized; eligibility. The
commissioner of health shall establish a community-based grant to expand and
strengthen the community health workers workforce across the state. The grantee must be a not‑for‑profit
community organization serving, convening, and supporting community health
workers (CHW) statewide.
Subd. 3. Evaluation. The commissioner of health shall
design, conduct, and evaluate the CHW initiative using measures of workforce
capacity, employment opportunity, reach of services, and return on investment,
as well as descriptive measures of the extant CHW models as they compare with
the national community health workers' landscape. These more proximal measures are collected
and analyzed as foundational to longer-term change in social determinants of
health and rates of death and injury by suicide, overdose, firearms, alcohol,
and chronic disease.
Subd. 4. Report. Grantees must report grant program
outcomes to the commissioner on the forms and according to the timelines
established by the commissioner.
Sec. 44. [145.9283]
REDUCING HEALTH DISPARITIES AMONG PEOPLE WITH DISABILITIES; GRANTS.
Subdivision 1. Goal
and establishment. The
commissioner of health shall support collaboration and coordination between
state and community partners to address equity barriers to health care and
preventative services for chronic diseases among people with disabilities. The commissioner of health, in consultation
with the Olmstead Implementation Office, Department of Human Services, Board on
Aging, health care professionals, local public health organizations, and other
community organizations that serve people with disabilities, shall routinely
identify priorities and action steps to address identified gaps in services,
resources, and tools.
Subd. 2. Assessment
and tracking. The
commissioner of health shall conduct community needs assessments and establish
a health surveillance and tracking plan in collaboration with community and
organizational partners to identify and address health disparities.
Subd. 3. Grants
authorized. The commissioner
of health shall establish community-based grants to support establishing
inclusive evidence-based chronic disease prevention and management services to
address identified gaps and disparities.
Subd. 4. Technical
assistance. The commissioner
of health shall provide and evaluate training and capacity‑building
technical assistance on accessible preventive health care for public health and
health care providers of chronic disease prevention and management programs and
services.
Subd. 5. Report. Grantees must report grant program
outcomes to the commissioner on the forms and according to the timelines
established by the commissioner.
Sec. 45. [145.9292]
PUBLIC HEALTH AMERICORPS.
The commissioner may award a grant to a
statewide, nonprofit organization to support Public Health AmeriCorps members. The organization awarded the grant shall
provide the commissioner with any information needed by the commissioner to
evaluate the program in the form and at the timelines specified by the
commissioner.
Sec. 46. [145.987]
HEALTHY BEGINNINGS, HEALTHY FAMILIES ACT.
Subdivision 1. Purposes. The purposes of the Healthy
Beginnings, Healthy Families Act are to:
(1) address the significant disparities in early childhood outcomes and
increase the number of children who are school ready through establishing the
Minnesota collaborative to prevent infant mortality; (2) sustain the Help Me
Connect online navigator; (3) improve universal access to developmental and
social-emotional screening and follow-up; and (4) sustain and expand the model
jail practices for children of incarcerated parents in Minnesota jails.
Subd. 2. Minnesota
collaborative to prevent infant mortality.
(a) The Minnesota collaborative to prevent infant mortality is
established. The goals of the Minnesota
collaborative to prevent infant mortality program are to:
(1) build a statewide multisectoral
partnership including the state government, local public health organizations,
Tribes, the private sector, and community nonprofit organizations with the
shared goal of decreasing infant mortality rates among populations with
significant disparities, including among Black, American Indian, and other
nonwhite communities, and rural populations;
(2) address the leading causes of poor
infant health outcomes such as premature birth, infant sleep-related deaths,
and congenital anomalies through strategies to change social and environmental
determinants of health; and
(3) promote the development,
availability, and use of data-informed, community-driven strategies to improve
infant health outcomes.
(b) The commissioner of health shall establish a statewide partnership program to engage communities, exchange best practices, share summary data on infant health, and promote policies to improve birth outcomes and eliminate preventable infant mortality.
Subd. 3. Grants
authorized. (a) The
commissioner of health shall award grants to eligible applicants to convene,
coordinate, and implement data-driven strategies and culturally relevant
activities to improve infant health by reducing preterm births, sleep-related
infant deaths, and congenital malformations and by addressing social and
environmental determinants of health. Grants
shall be awarded to support community nonprofit organizations, Tribal
governments, and community health boards.
Grants shall be awarded to all federally recognized Tribal governments
whose proposals demonstrate the ability to implement programs designed to
achieve the purposes in subdivision 2 and other requirements of this section. An eligible applicant must submit an
application to the commissioner of health on a form designated by the
commissioner and by the deadline established by the commissioner. The commissioner shall award grants to
eligible applicants in metropolitan and rural areas of the state and may
consider geographic representation in grant awards.
(b) Grantee activities shall:
(1) address the leading cause or causes
of infant mortality;
(2) be based on community input;
(3) be focused on policy, systems, and
environmental changes that support infant health; and
(4) address the health disparities and
inequities that are experienced in the grantee's community.
(c) The commissioner shall review each
application to determine whether the application is complete and whether the
applicant and the project are eligible for a grant. In evaluating applications under this
subdivision, the commissioner shall establish criteria including but not
limited to: (1) the eligibility of the
project; (2) the applicant's thoroughness and clarity in describing the infant
health issues grant funds are intended to address; (3) a description of the
applicant's proposed project; (4) a description of the population demographics
and service area of the proposed project; and (5) evidence of efficiencies and
effectiveness gained through collaborative efforts.
(d) Grant recipients shall report their
activities to the commissioner in a format and at a time specified by the
commissioner.
Subd. 4. Technical
assistance. (a) The
commissioner shall provide content expertise, technical expertise, training to
grant recipients, and advice on data-driven strategies.
(b) For the purposes of
carrying out the grant program under subdivision 3, including for administrative
purposes, the commissioner shall award contracts to appropriate entities to
assist in training and to provide technical assistance to grantees.
(c)
Contracts awarded under paragraph (b) may be used to provide technical
assistance and training in the areas of:
(1) partnership development and capacity
building;
(2) Tribal support;
(3) implementation support for specific
infant health strategies;
(4) communications, convening, and
sharing lessons learned; and
(5) health equity.
Subd. 5. Help
Me Connect. The Help Me
Connect online navigator is established.
The goal of Help Me Connect is to connect pregnant and parenting
families with young children from birth to eight years of age with services in
their local communities that support healthy child development and family
well-being. The commissioner of health
shall work collaboratively with the commissioners of human services and
education to implement this subdivision.
Subd. 6. Duties
of Help Me Connect. (a) Help
Me Connect shall facilitate collaboration across sectors covering child health,
early learning and education, child welfare, and family supports by:
(1) providing early childhood provider
outreach to support early detection, intervention, and knowledge about local resources;
and
(2) linking children and families to
appropriate community-based services.
(b) Help Me Connect shall provide
community outreach that includes support for and participation in the help me
connect system, including disseminating information and compiling and
maintaining a current resource directory that includes but is not limited to
primary and specialty medical care providers, early childhood education and
child care programs, developmental disabilities assessment and intervention
programs, mental health services, family and social support programs, child
advocacy and legal services, public health and human services and resources,
and other appropriate early childhood information.
(c) Help Me Connect shall maintain a
centralized access point for parents and professionals to obtain information,
resources, and other support services.
(d) Help Me Connect shall provide a centralized mechanism that facilitates provider-to-provider referrals to community resources and monitors referrals to ensure that families are connected to services.
(e) Help Me Connect shall collect
program evaluation data to increase the understanding of all aspects of the
current and ongoing system under this section, including identification of gaps
in service, barriers to finding and receiving appropriate service, and lack of
resources.
Subd. 7. Universal
and voluntary developmental and social-emotional screening and follow-up. (a) The commissioner shall establish a
universal and voluntary developmental and social-emotional screening to
identify young children at risk for developmental and behavioral concerns. Follow-up services shall be provided to
connect families and young children to appropriate community-based resources
and programs. The commissioner of health
shall work with the commissioners of human services and education to implement
this subdivision and promote interagency coordination with other early
childhood programs including those that provide screening and assessment.
(b) The commissioner shall:
(1) increase the awareness of universal
and voluntary developmental and social-emotional screening and follow‑up
in coordination with community and state partners;
(2) expand existing electronic screening
systems to administer developmental and social-emotional screening of children
from birth to kindergarten entrance;
(3) provide universal and voluntary
periodic screening for developmental and social-emotional delays based on
current recommended best practices;
(4) review and share the results of the screening
with the child's parent or guardian;
(5) support families in their role as
caregivers by providing typical growth and development information,
anticipatory guidance, and linkages to early childhood resources and programs;
(6) ensure that children and families
are linked to appropriate community-based services and resources when any
developmental or social-emotional concerns are identified through screening;
and
(7) establish performance measures and
collect, analyze, and share program data regarding population-level outcomes of
developmental and social-emotional screening, and make referrals to
community-based services and follow-up activities.
Subd. 8. Grants
authorized. The commissioner
shall award grants to community health boards and Tribal nations to support
follow-up services for children with developmental or social-emotional concerns
identified through screening in order to link children and their families to
appropriate community-based services and resources. The commissioner shall provide technical
assistance, content expertise, and training to grant recipients to ensure that
follow-up services are effectively provided.
Subd. 9. Model
jails practices for incarcerated parents.
(a) The commissioner of health may make special grants to
counties, groups of counties, or nonprofit organizations to implement model
jails practices to benefit the children of incarcerated parents.
(b) "Model jail practices"
means a set of practices that correctional administrators can implement to
remove barriers that may prevent a child from cultivating or maintaining
relationships with the child's incarcerated parent or parents during and
immediately after incarceration without compromising the safety or security of
the correctional facility.
Subd. 10. Grants
authorized. (a) The
commissioner of health shall award grants to eligible county jails to implement
model jail practices and separate grants to county governments, Tribal
governments, or nonprofit organizations in corresponding geographic areas to build
partnerships with county jails to support children of incarcerated parents and
their caregivers.
(b) Grantee activities may include but
are not limited to:
(1) parenting classes or groups;
(2) family-centered intake and
assessment of inmate programs;
(3) family notification, information,
and communication strategies;
(4) correctional staff training;
(5) policies and practices for family visits; and
(6) family-focused reentry planning.
(c) Grant recipients shall report their activities
to the commissioner in a format and at a time specified by the commissioner.
Subd. 11. Technical
assistance and oversight. (a)
The commissioner shall provide content expertise, training to grant recipients,
and advice on evidence-based strategies, including evidence-based training to
support incarcerated parents.
(b) For the purposes of carrying out the
grant program under subdivision 10, including for administrative purposes, the
commissioner shall award contracts to appropriate entities to assist in
training and provide technical assistance to grantees.
(c)
Contracts awarded under paragraph (b) may be used to provide technical
assistance and training in the areas of:
(1) evidence-based training for
incarcerated parents;
(2) partnership building and community
engagement;
(3) evaluation of process and outcomes
of model jail practices; and
(4) expert guidance on reducing the harm
caused to children of incarcerated parents and application of model jail
practices.
Sec. 47. [145.988]
MINNESOTA SCHOOL HEALTH INITIATIVE.
Subdivision 1. Purpose. (a) The purpose of the Minnesota
School Health Initiative is to implement evidence‑based practices to
strengthen and expand health promotion and health care delivery activities in
schools to improve the holistic health of students. To better serve students, the Minnesota
School Health Initiative shall unify the best practices of the school-based
health center and Whole School, Whole Community, Whole Child models.
(b) The commissioner of health and the
commissioner of education shall coordinate the projects and initiatives funded
under this section with other efforts at the local, state, or national level to
avoid duplication and promote complementary efforts.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "School-based health
center" or "comprehensive school-based health center" means a
safety net health care delivery model that is located in or near a school
facility and that offers comprehensive health care, including preventive and
behavioral health services, by licensed and qualified health professionals in
accordance with federal, state, and local law.
When not located on school property, the school-based health center must
have an established relationship with one or more schools in the community and
operate primarily to serve those student groups.
(c) "Sponsoring organization"
means any of the following that operate a school-based health center:
(1) health care providers;
(2) community clinics;
(3) hospitals;
(4) federally qualified health
centers and look-alikes as defined in section 145.9269;
(5) health care foundations or
nonprofit organizations;
(6) higher education institutions; or
(7) local health departments.
Subd. 3. Expansion
of Minnesota school-based health centers.
(a) The commissioner of health shall administer a program to
provide grants to school districts, school-based health centers, and sponsoring
organizations to support existing school-based health centers and facilitate
the growth of school-based health centers in Minnesota.
(b) Grant funds distributed under this
subdivision shall be used to support new or existing school-based health
centers that:
(1) operate in partnership with a school
or district and with the permission of the school or district board;
(2) provide health services through a
sponsoring organization; and
(3) provide health services to all
students and youth within a school or district regardless of ability to pay, insurance
coverage, or immigration status, and in accordance with federal, state, and
local law.
(c) Grant recipients shall report their
activities and annual performance measures as defined by the commissioner in a
format and time specified by the commissioner.
Subd. 4. School-based
health center services. Services
provided by a school-based health center may include but are not limited to:
(1) preventative health care;
(2) chronic medical condition
management, including diabetes and asthma care;
(3) mental health care and crisis
management;
(4) acute care for illness and injury;
(5) oral health care;
(6) vision care;
(7) nutritional counseling;
(8) substance abuse counseling;
(9) referral to a specialist, medical
home, or hospital for care;
(10) additional services that address
social determinants of health; and
(11) emerging services such as mobile
health and telehealth.
Subd. 5. Sponsoring
organization. A sponsoring
organization that agrees to operate a school-based health center must enter
into a memorandum of agreement with the school or district. The memorandum of agreement must require the
sponsoring organization to be financially responsible for the operation of
school-based health centers in the school or district and must identify the
costs that are the responsibility of the school or district, such as Internet
access, custodial services, utilities, and facility maintenance. To the greatest extent possible, a sponsoring
organization must bill private insurers, medical assistance, and other public
programs for services provided in the school-based health center in order to
maintain the financial sustainability of the school-based health center.
Subd. 6. Oral
health in school settings. (a)
The commissioner of health shall administer a program to provide competitive
grants to schools, oral health providers, and other community groups to build
capacity and infrastructure to establish, expand, link, or strengthen oral
health services in school settings.
(b) Grant funds distributed under this
subdivision must be used to support new or existing oral health services in
schools that:
(1) provide oral health risk
assessment, screening, education, and anticipatory guidance;
(2) provide oral health services,
including fluoride varnish and dental sealants;
(3) make referrals for restorative and other follow-up dental care as needed; and
(4) provide free access to fluoridated
drinking water to give students a healthy alternative to sugar-sweetened
beverages.
(c) Grant recipients must collect,
monitor, and submit to the commissioner of health baseline and annual data and
provide information to improve the quality and impact of oral health
strategies.
Subd. 7. Whole
School, Whole Community, Whole Child grants. (a) The commissioner of health shall
administer a program to provide competitive grants to local public health
organizations, schools, and community organizations using the evidence-based
Whole School, Whole Community, Whole Child (WSCC) model to increase alignment,
integration, and collaboration between public health and education sectors to
improve each child's cognitive, physical, oral, social, and emotional
development.
(b) Grant funds distributed under this
subdivision must be used to support new or existing programs that implement
elements of the WSCC model in schools that:
(1) align health and learning
strategies to improve health outcomes and academic achievement;
(2) improve the physical, nutritional,
psychological, social, and emotional environments of schools;
(3) create collaborative approaches to
engage schools, parents and guardians, and communities; and
(4) promote and establish lifelong
healthy behaviors.
(c) Grant recipients shall report grant
activities and progress to the commissioner in a time and format specified by
the commissioner.
Subd. 8. Technical
assistance and oversight. (a)
The commissioner shall provide content expertise, technical expertise, and
training to grant recipients under subdivisions 6 and 7.
(b) For the purposes of carrying
out the grant program under this section, including for administrative
purposes, the commissioner shall award contracts to appropriate entities to
assist in training and provide technical assistance to grantees.
(c)
Contracts awarded under paragraph (b) may be used to provide technical
assistance and training in the areas of:
(1) needs assessment;
(2) community engagement and capacity
building;
(3) community asset building and risk
behavior reduction;
(4) dental provider training in
calibration;
(5) dental services related equipment,
instruments, supplies;
(6) communications;
(7) community, school, health care, work
site, and other site-specific strategies;
(8) health equity;
(9) data collection and analysis; and
(10) evaluation.
Sec. 48. Minnesota Statutes 2020, section 145A.131, subdivision 1, is amended to read:
Subdivision 1. Funding formula for community health boards. (a) Base funding for each community health board eligible for a local public health grant under section 145A.03, subdivision 7, shall be determined by each community health board's fiscal year 2003 allocations, prior to unallotment, for the following grant programs: community health services subsidy; state and federal maternal and child health special projects grants; family home visiting grants; TANF MN ENABL grants; TANF youth risk behavior grants; and available women, infants, and children grant funds in fiscal year 2003, prior to unallotment, distributed based on the proportion of WIC participants served in fiscal year 2003 within the CHS service area.
(b) Base funding for a community health board eligible for a local public health grant under section 145A.03, subdivision 7, as determined in paragraph (a), shall be adjusted by the percentage difference between the base, as calculated in paragraph (a), and the funding available for the local public health grant.
(c) Multicounty or multicity community health boards shall receive a local partnership base of up to $5,000 per year for each county or city in the case of a multicity community health board included in the community health board.
(d) The State Community Health Services Advisory Committee may recommend a formula to the commissioner to use in distributing funds to community health boards.
(e) Notwithstanding any adjustment in paragraph (b), community health boards, all or a portion of which are located outside of the counties of Anoka, Chisago, Carver, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright, are eligible to receive an increase equal to ten percent of the grant award to the community health board under paragraph (a) starting July 1, 2015. The increase in calendar year 2015 shall be prorated for the last six months of the year. For calendar years beginning on or after January 1, 2016, the amount distributed under this paragraph shall be adjusted each year based on available funding and the number of eligible community health boards.
(f) Funding for foundational
public health responsibilities shall be distributed based on a formula
determined by the commissioner in consultation with the State Community Health
Services Advisory Committee. Community
health boards must use these funds as specified in subdivision 5.
Sec. 49. Minnesota Statutes 2020, section 145A.131, subdivision 5, is amended to read:
Subd. 5. Use of funds. (a) Community health boards may use the base funding of their local public health grant funds distributed according to subdivision 1, paragraphs (a) to (e), to address the areas of public health responsibility and local priorities developed through the community health assessment and community health improvement planning process.
(b) A community health board must use
funding for foundational public health responsibilities that is distributed according
to subdivision 1, paragraph (f), to fulfill foundational public health
responsibilities as defined by the commissioner in consultation with the State
Community Health Services Advisory Committee.
(c) Notwithstanding paragraph (b), if a
community health board can demonstrate that foundational public health
responsibilities are fulfilled, the community health board may use funding for
foundational public health responsibilities for local priorities developed
through the community health assessment and community health improvement
planning process.
(d) Notwithstanding paragraphs (a) to
(c), by July 1, 2026, community health boards must use all local public health
funds first to fulfill foundational public health responsibilities. Once a community health board can demonstrate
foundational public health responsibilities are fulfilled, funds may be used
for local priorities developed through the community health assessment and
community health improvement planning process.
Sec. 50. Minnesota Statutes 2020, section 145A.14, is amended by adding a subdivision to read:
Subd. 2b. Tribal
governments; foundational public health responsibilities. The commissioner shall distribute
grants to Tribal governments for foundational public health responsibilities as
defined by each Tribal government.
Sec. 51. Minnesota Statutes 2020, section 149A.01, subdivision 2, is amended to read:
Subd. 2. Scope. In Minnesota no person shall, without being licensed or registered by the commissioner of health:
(1) take charge of or remove from the place of death a dead human body;
(2) prepare a dead human body for final disposition, in any manner; or
(3) arrange, direct, or supervise a funeral, memorial service, or graveside service.
Sec. 52. Minnesota Statutes 2020, section 149A.01, subdivision 3, is amended to read:
Subd. 3. Exceptions to licensure. (a) Except as otherwise provided in this chapter, nothing in this chapter shall in any way interfere with the duties of:
(1) an anatomical bequest program located within an accredited school of medicine or an accredited college of mortuary science;
(2) a person engaged in the performance of duties prescribed by law relating to the conditions under which unclaimed dead human bodies are held subject to anatomical study;
(3) authorized personnel from a licensed ambulance service in the performance of their duties;
(4) licensed medical personnel in the performance of their duties; or
(5) the coroner or medical examiner in the performance of the duties of their offices.
(b) This chapter does not apply to or interfere with the recognized customs or rites of any culture or recognized religion in the ceremonial washing, dressing, casketing, and public transportation of their dead, to the extent that all other provisions of this chapter are complied with.
(c) Noncompensated persons with the right to control the dead human body, under section 149A.80, subdivision 2, may remove a body from the place of death; transport the body; prepare the body for disposition, except embalming; or arrange for final disposition of the body, provided that all actions are in compliance with this chapter.
(d) Persons serving internships pursuant to
section 149A.20, subdivision 6, or students officially registered for a
practicum or clinical through a program of mortuary science accredited by the
American Board of Funeral Service Education, or transfer care specialists
registered pursuant to section 149A.47 are not required to be licensed,
provided that the persons or students are registered with the commissioner and
act under the direct and exclusive supervision of a person holding a current
license to practice mortuary science in Minnesota.
(e) Notwithstanding this subdivision, nothing in this section shall be construed to prohibit an institution or entity from establishing, implementing, or enforcing a policy that permits only persons licensed by the commissioner to remove or cause to be removed a dead body or body part from the institution or entity.
(f) An unlicensed person may arrange for and direct or supervise a memorial service if that person or that person's employer does not have charge of the dead human body. An unlicensed person may not take charge of the dead human body, unless that person has the right to control the dead human body under section 149A.80, subdivision 2, or is that person's noncompensated designee.
Sec. 53. Minnesota Statutes 2020, section 149A.02, is amended by adding a subdivision to read:
Subd. 12c. Dead
human body or body. "Dead
human body" or "body" includes an identifiable human body part
that is detached from a human body.
Sec. 54. Minnesota Statutes 2020, section 149A.02, subdivision 13a, is amended to read:
Subd. 13a. Direct
supervision. "Direct
supervision" means overseeing the performance of an individual. For the purpose of a clinical, practicum, or
internship, or registration, direct supervision means that the
supervisor is available to observe and correct, as needed, the performance of
the trainee or registrant. The
mortician supervisor is accountable for the actions of the clinical student,
practicum student, or intern, or registrant throughout the course
of the training. The supervising
mortician is accountable for any violations of law or rule, in the performance
of their duties, by the clinical student, practicum student, or intern,
or registrant.
Sec. 55. Minnesota Statutes 2020, section 149A.02, is amended by adding a subdivision to read:
Subd. 37d. Registrant. "Registrant" means any
person who is registered as a transfer care specialist under section 149A.47.
Sec. 56. Minnesota Statutes 2020, section 149A.02, is amended by adding a subdivision to read:
Subd. 37e. Transfer
care specialist. "Transfer
care specialist" means an individual who is registered with the
commissioner in accordance with section 149A.47 and is authorized to perform
the removal of a dead human body from the place of death under the direct
supervision of a licensed mortician.
Sec. 57. Minnesota Statutes 2020, section 149A.03, is amended to read:
149A.03
DUTIES OF COMMISSIONER.
The commissioner shall:
(1) enforce all laws and adopt and enforce rules relating to the:
(i) removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies;
(ii) licensure, registration, and professional conduct of funeral directors, morticians, interns, transfer care specialists, practicum students, and clinical students;
(iii) licensing and operation of a funeral establishment;
(iv) licensing and operation of an alkaline hydrolysis facility; and
(v) licensing and operation of a crematory;
(2) provide copies of the requirements for licensure, registration, and permits to all applicants;
(3) administer examinations and issue licenses, registrations, and permits to qualified persons and other legal entities;
(4) maintain a record of the name and location of all current licensees, registrants, and interns;
(5) perform periodic compliance reviews and premise inspections of licensees;
(6) accept and investigate complaints relating to conduct governed by this chapter;
(7) maintain a record of all current preneed arrangement trust accounts;
(8) maintain a schedule of application, examination, permit, registration, and licensure fees, initial and renewal, sufficient to cover all necessary operating expenses;
(9) educate the public about the existence and content of the laws and rules for mortuary science licensing and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies to enable consumers to file complaints against licensees and others who may have violated those laws or rules;
(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science in order to refine the standards for licensing and to improve the regulatory and enforcement methods used; and
(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the laws, rules, or procedures governing the practice of mortuary science and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies.
Sec. 58. Minnesota Statutes 2020, section 149A.09, is amended to read:
149A.09
DENIAL; REFUSAL TO REISSUE; REVOCATION; SUSPENSION; LIMITATION OF LICENSE,
REGISTRATION, OR PERMIT.
Subdivision 1. Denial; refusal to renew; revocation; and suspension. The regulatory agency may deny, refuse to renew, revoke, or suspend any license, registration, or permit applied for or issued pursuant to this chapter when the person subject to regulation under this chapter:
(1) does not meet or fails to maintain the minimum qualification for holding a license, registration, or permit under this chapter;
(2) submits false or misleading material information to the regulatory agency in connection with a license, registration, or permit issued by the regulatory agency or the application for a license, registration, or permit;
(3) violates any law, rule, order, stipulation agreement, settlement, compliance agreement, license, registration, or permit that regulates the removal, preparation, transportation, arrangements for disposition, or final disposition of dead human bodies in Minnesota or any other state in the United States;
(4) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea in any court in Minnesota or any other jurisdiction in the United States. "Conviction," as used in this subdivision, includes a conviction for an offense which, if committed in this state, would be deemed a felony or gross misdemeanor without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned, but the adjudication of guilt is either withheld or not entered;
(5) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea in any court in Minnesota or any other jurisdiction in the United States that the regulatory agency determines is reasonably related to the removal, preparation, transportation, arrangements for disposition or final disposition of dead human bodies, or the practice of mortuary science;
(6) is adjudicated as mentally incompetent, mentally ill, developmentally disabled, or mentally ill and dangerous to the public;
(7) has a conservator or guardian appointed;
(8) fails to comply with an order issued by the regulatory agency or fails to pay an administrative penalty imposed by the regulatory agency;
(9) owes uncontested delinquent taxes in the amount of $500 or more to the Minnesota Department of Revenue, or any other governmental agency authorized to collect taxes anywhere in the United States;
(10) is in arrears on any court ordered family or child support obligations; or
(11) engages in any conduct that, in the determination of the regulatory agency, is unprofessional as prescribed in section 149A.70, subdivision 7, or renders the person unfit to practice mortuary science or to operate a funeral establishment or crematory.
Subd. 2. Hearings related to refusal to renew, suspension, or revocation of license, registration, or permit. If the regulatory agency proposes to deny renewal, suspend, or revoke a license, registration, or permit issued under this chapter, the regulatory agency must first notify, in writing, the person against whom the action is proposed to be taken and provide an opportunity to request a hearing under the contested case provisions of sections 14.57 to 14.62. If the subject of the proposed action does not request a hearing by notifying the regulatory agency, by mail, within 20 calendar days after the receipt of the notice of proposed action, the regulatory agency may proceed with the action without a hearing and the action will be the final order of the regulatory agency.
Subd. 3. Review of final order. A judicial review of the final order issued by the regulatory agency may be requested in the manner prescribed in sections 14.63 to 14.69. Failure to request a hearing pursuant to subdivision 2 shall constitute a waiver of the right to further agency or judicial review of the final order.
Subd. 4. Limitations
or qualifications placed on license, registration, or permit. The regulatory agency may, where the
facts support such action, place reasonable limitations or qualifications on
the right to practice mortuary science or, to operate a funeral
establishment or crematory, or to conduct activities or actions permitted
under this chapter.
Subd. 5. Restoring license, registration, or permit. The regulatory agency may, where there is sufficient reason, restore a license, registration, or permit that has been revoked, reduce a period of suspension, or remove limitations or qualifications.
Sec. 59. Minnesota Statutes 2020, section 149A.11, is amended to read:
149A.11
PUBLICATION OF DISCIPLINARY ACTIONS.
The regulatory agencies shall report all
disciplinary measures or actions taken to the commissioner. At least annually, the commissioner shall
publish and make available to the public a description of all disciplinary
measures or actions taken by the regulatory agencies. The publication shall include, for each
disciplinary measure or action taken, the name and business address of the
licensee, registrant, or intern,; the nature of the
misconduct,; and the measure or action taken by the regulatory
agency.
Sec. 60. [149A.47]
TRANSFER CARE SPECIALIST.
Subdivision 1. General. A transfer care specialist may remove
a dead human body from the place of death under the direct supervision of a
licensed mortician if the transfer care specialist is registered with the
commissioner in accordance with this section.
A transfer care specialist is not licensed to engage in the practice of
mortuary science and shall not engage in the practice of mortuary science
except as provided in this section.
Subd. 2. Registration. To be eligible for registration as a
transfer care specialist, an applicant must submit to the commissioner:
(1) a complete application on a form
provided by the commissioner that includes at a minimum:
(i) the applicant's name, home address
and telephone number, business name, and business address and telephone number;
and
(ii) the name, license number, business
name, and business address and telephone number of the supervising licensed
mortician;
(2) proof of completion of a training
program that meets the requirements specified in subdivision 4; and
(3) the appropriate fees specified in
section 149A.65.
Subd. 3. Duties. A transfer care specialist registered
under this section is authorized to perform the removal of a dead human body
from the place of death in accordance with this chapter to a licensed funeral
establishment. The transfer care
specialist must work under the direct supervision of a licensed mortician. The supervising mortician is responsible for
the work performed by the transfer care specialist. A licensed mortician may supervise up to six
transfer care specialists at any one time.
Subd. 4. Training
program. (a) Each transfer
care specialist must complete a training program that has been approved by the
commissioner. To be approved, a training
program must be at least seven hours long and must cover, at a minimum, the
following:
(1) ethical care and transportation
procedures for a deceased person;
(2)
health and safety concerns to the public and the individual performing the
transfer of the deceased person; and
(3) all relevant state and federal laws
and regulations related to the transfer and transportation of deceased persons.
(b) A transfer care specialist must
complete a training program every five years.
Subd. 5. Registration
renewal. (a) A registration
issued under this section expires one year after the date of issuance and must
be renewed to remain valid.
(b) To renew a registration, the
transfer care specialist must submit a completed renewal application as
provided by the commissioner and the appropriate fees specified in section
149A.65. Every five years, the renewal
application must include proof of completion of a training program that meets
the requirements in subdivision 4.
Sec. 61. Minnesota Statutes 2020, section 149A.60, is amended to read:
149A.60
PROHIBITED CONDUCT.
The regulatory agency may impose disciplinary measures or take disciplinary action against a person whose conduct is subject to regulation under this chapter for failure to comply with any provision of this chapter or laws, rules, orders, stipulation agreements, settlements, compliance agreements, licenses, registrations, and permits adopted, or issued for the regulation of the removal, preparation, transportation, arrangements for disposition or final disposition of dead human bodies, or for the regulation of the practice of mortuary science.
Sec. 62. Minnesota Statutes 2020, section 149A.61, subdivision 4, is amended to read:
Subd. 4. Licensees, registrants, and interns. A licensee, registrant, or intern regulated under this chapter may report to the commissioner any conduct that the licensee, registrant, or intern has personal knowledge of, and reasonably believes constitutes grounds for, disciplinary action under this chapter.
Sec. 63. Minnesota Statutes 2020, section 149A.61, subdivision 5, is amended to read:
Subd. 5. Courts. The court administrator of district court or any court of competent jurisdiction shall report to the commissioner any judgment or other determination of the court that adjudges or includes a finding that a licensee, registrant, or intern is a person who is mentally ill, mentally incompetent, guilty of a felony or gross misdemeanor, guilty of violations of federal or state narcotics laws or controlled substances acts; appoints a guardian or conservator for the licensee, registrant, or intern; or commits a licensee, registrant, or intern.
Sec. 64. Minnesota Statutes 2020, section 149A.62, is amended to read:
149A.62
IMMUNITY; REPORTING.
Any person, private agency, organization, society, association, licensee, registrant, or intern who, in good faith, submits information to a regulatory agency under section 149A.61 or otherwise reports violations or alleged violations of this chapter, is immune from civil liability or criminal prosecution. This section does not prohibit disciplinary action taken by the commissioner against any licensee, registrant, or intern pursuant to a self report of a violation.
Sec. 65. Minnesota Statutes 2020, section 149A.63, is amended to read:
149A.63
PROFESSIONAL COOPERATION.
A licensee, clinical student, practicum student, registrant, intern, or applicant for licensure under this chapter that is the subject of or part of an inspection or investigation by the commissioner or the commissioner's designee shall cooperate fully with the inspection or investigation. Failure to cooperate constitutes grounds for disciplinary action under this chapter.
Sec. 66. Minnesota Statutes 2020, section 149A.65, subdivision 2, is amended to read:
Subd. 2. Mortuary science fees. Fees for mortuary science are:
(1) $75 for the initial and renewal registration of a mortuary science intern;
(2) $125 for the mortuary science examination;
(3) $200 for issuance of initial and renewal mortuary science licenses;
(4) $100 late fee charge for a license
renewal; and
(5) $250 for issuing a mortuary science license
by endorsement; and
(6) $687 for the initial and renewal registration of a transfer care specialist.
Sec. 67. Minnesota Statutes 2020, section 149A.70, subdivision 3, is amended to read:
Subd. 3. Advertising. No licensee, registrant, clinical student, practicum student, or intern shall publish or disseminate false, misleading, or deceptive advertising. False, misleading, or deceptive advertising includes, but is not limited to:
(1) identifying, by using the names or pictures of, persons who are not licensed to practice mortuary science in a way that leads the public to believe that those persons will provide mortuary science services;
(2) using any name other than the names under which the funeral establishment, alkaline hydrolysis facility, or crematory is known to or licensed by the commissioner;
(3) using a surname not directly, actively, or presently associated with a licensed funeral establishment, alkaline hydrolysis facility, or crematory, unless the surname had been previously and continuously used by the licensed funeral establishment, alkaline hydrolysis facility, or crematory; and
(4) using a founding or establishing date or total years of service not directly or continuously related to a name under which the funeral establishment, alkaline hydrolysis facility, or crematory is currently or was previously licensed.
Any advertising or other printed material that contains the names or pictures of persons affiliated with a funeral establishment, alkaline hydrolysis facility, or crematory shall state the position held by the persons and shall identify each person who is licensed or unlicensed under this chapter.
Sec. 68. Minnesota Statutes 2020, section 149A.70, subdivision 4, is amended to read:
Subd. 4. Solicitation of business. No licensee shall directly or indirectly pay or cause to be paid any sum of money or other valuable consideration for the securing of business or for obtaining the authority to dispose of any dead human body.
For purposes of this subdivision, licensee includes a registered intern or transfer care specialist or any agent, representative, employee, or person acting on behalf of the licensee.
Sec. 69. Minnesota Statutes 2020, section 149A.70, subdivision 5, is amended to read:
Subd. 5. Reimbursement
prohibited. No licensee, clinical
student, practicum student, or intern, or transfer care specialist
shall offer, solicit, or accept a commission, fee, bonus, rebate, or other
reimbursement in consideration for recommending or causing a dead human body to
be disposed of by a specific body donation program, funeral establishment,
alkaline hydrolysis facility, crematory, mausoleum, or cemetery.
Sec. 70. Minnesota Statutes 2020, section 149A.70, subdivision 7, is amended to read:
Subd. 7. Unprofessional conduct. No licensee, registrant, or intern shall engage in or permit others under the licensee's, registrant's, or intern's supervision or employment to engage in unprofessional conduct. Unprofessional conduct includes, but is not limited to:
(1) harassing, abusing, or intimidating a customer, employee, or any other person encountered while within the scope of practice, employment, or business;
(2) using profane, indecent, or obscene language within the immediate hearing of the family or relatives of the deceased;
(3) failure to treat with dignity and respect the body of the deceased, any member of the family or relatives of the deceased, any employee, or any other person encountered while within the scope of practice, employment, or business;
(4) the habitual overindulgence in the use of or dependence on intoxicating liquors, prescription drugs, over‑the‑counter drugs, illegal drugs, or any other mood altering substances that substantially impair a person's work-related judgment or performance;
(5) revealing personally identifiable facts, data, or information about a decedent, customer, member of the decedent's family, or employee acquired in the practice or business without the prior consent of the individual, except as authorized by law;
(6) intentionally misleading or deceiving any customer in the sale of any goods or services provided by the licensee;
(7) knowingly making a false statement in the procuring, preparation, or filing of any required permit or document; or
(8) knowingly making a false statement on a record of death.
Sec. 71. Minnesota Statutes 2020, section 149A.90, subdivision 2, is amended to read:
Subd. 2. Removal from place of death. No person subject to regulation under this chapter shall remove or cause to be removed any dead human body from the place of death without being licensed or registered by the commissioner. Every dead human body shall be removed from the place of death by a licensed mortician or funeral director, except as provided in section 149A.01, subdivision 3, or 149A.47.
Sec. 72. Minnesota Statutes 2020, section 149A.90, subdivision 4, is amended to read:
Subd. 4. Certificate
of removal. No dead human body shall
be removed from the place of death by a mortician or, funeral
director, or transfer care specialist or by a noncompensated person with
the right to control the dead human body without the completion of a
certificate of removal and, where possible, presentation of a copy of that
certificate to the person or a representative of the legal entity with physical
or legal custody of the body at the death site.
The certificate of removal shall be in the format provided by the
commissioner that contains, at least, the following information:
(1) the name of the deceased, if known;
(2) the date and time of removal;
(3) a brief listing of the type and condition of any personal property removed with the body;
(4) the location to which the body is being taken;
(5) the name, business address, and license number of the individual making the removal; and
(6) the signatures of the individual making the removal and, where possible, the individual or representative of the legal entity with physical or legal custody of the body at the death site.
Sec. 73. Minnesota Statutes 2020, section 149A.90, subdivision 5, is amended to read:
Subd. 5. Retention of certificate of removal. A copy of the certificate of removal shall be given, where possible, to the person or representative of the legal entity having physical or legal custody of the body at the death site. The original certificate of removal shall be retained by the individual making the removal and shall be kept on file, at the funeral establishment to which the body was taken, for a period of three calendar years following the date of the removal. If the removal was performed by a transfer care specialist not employed by the funeral establishment to which the body was taken, the transfer care specialist shall retain a copy of the certificate on file at the transfer care specialist's business address as registered with the commissioner for a period of three calendar years following the date of removal. Following this period, and subject to any other laws requiring retention of records, the funeral establishment may then place the records in storage or reduce them to microfilm, microfiche, laser disc, or any other method that can produce an accurate reproduction of the original record, for retention for a period of ten calendar years from the date of the removal of the body. At the end of this period and subject to any other laws requiring retention of records, the funeral establishment may destroy the records by shredding, incineration, or any other manner that protects the privacy of the individuals identified in the records.
Sec. 74. Minnesota Statutes 2020, section 149A.94, subdivision 1, is amended to read:
Subdivision 1. Generally. (a) Every dead human body lying
within the state, except unclaimed bodies delivered for dissection by the
medical examiner, those delivered for anatomical study pursuant to section
149A.81, subdivision 2, or lawfully carried through the state for the purpose
of disposition elsewhere; and the remains of any dead human body after
dissection or anatomical study, shall be decently buried or entombed in a
public or private cemetery, alkaline hydrolyzed, or cremated within a
reasonable time after death. Where final
disposition of a body will not be accomplished within 72 hours following death
or release of the body by a competent authority with jurisdiction over the
body, the body must be properly embalmed, refrigerated, or packed with dry ice. A body may not be kept in refrigeration
for a period exceeding six calendar days, or packed in dry ice for a period
that exceeds four calendar days, from the time of death or release of the body
from the coroner or medical examiner. A
body may be kept in refrigeration for up to 30 calendar days from the time of
death or release of the body from the coroner or medical examiner, provided the
dignity of the body is maintained and the funeral establishment complies with
paragraph (b) if applicable. A body may
be kept in refrigeration for more than 30 calendar days from the time of death
or release of the body from the coroner or medical examiner in accordance with
paragraphs (c) and (d).
(b) For a body to be kept in
refrigeration for between 15 and 30 calendar days, no later than the 14th day
of keeping the body in refrigeration the funeral establishment must notify the
person with the right to control final disposition that the body will be kept
in refrigeration for more than 14 days and that the person with the right to
control final disposition has the right to seek other arrangements.
(c) For a body to be kept in
refrigeration for more than 30 calendar days, the funeral establishment must:
(1) report at least the following to the
commissioner on a form and in a manner prescribed by the commissioner: body identification details determined by the
commissioner, the funeral establishment's plan to achieve final disposition of
the body within the permitted time frame, and other information required by the
commissioner; and
(2) store each refrigerated body in a
manner that maintains the dignity of the body.
(d) Each report filed with the
commissioner under paragraph (c) authorizes a funeral establishment to keep a
body in refrigeration for an additional 30 calendar days.
(e) Failure to submit a report required
by paragraph (c) subjects a funeral establishment to enforcement under this
chapter.
Sec. 75. Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to read:
Subd. 1a. Bona
fide labor organization. "Bona
fide labor organization" means a labor union that represents or is
actively seeking to represent workers of a medical cannabis manufacturer.
Sec. 76. Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to read:
Subd. 5d. Indian
lands. "Indian
lands" means all lands within the limits of any Indian reservation within
the boundaries of Minnesota and any lands within the boundaries of Minnesota
title which are either held in trust by the United States or over which an
Indian Tribe exercises governmental power.
Sec. 77. Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to read:
Subd. 5e. Labor
peace agreement. "Labor
peace agreement" means an agreement between a medical cannabis
manufacturer and a bona fide labor organization that protects the state's
interests by, at a minimum, prohibiting the labor organization from engaging in
picketing, work stoppages, or boycotts against the manufacturer. This type of agreement shall not mandate a
particular method of election or certification of the bona fide labor
organization.
Sec. 78. Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to read:
Subd. 15. Tribal
medical cannabis board. "Tribal
medical cannabis board" means an agency established by each federally recognized
Tribal government and duly authorized by each Tribe's governing body to perform
regulatory oversight and monitor compliance with a Tribal medical cannabis
program and applicable regulations.
Sec. 79. Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to read:
Subd. 16. Tribal
medical cannabis program. "Tribal
medical cannabis program" means a program established by a federally
recognized Tribal government within the boundaries of Minnesota regarding the
commercial production, processing, sale or distribution, and possession of
medical cannabis and medical cannabis products.
Sec. 80. Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to read:
Subd. 17. Tribal
medical cannabis program patient. "Tribal
medical cannabis program patient" means a person who possesses a valid
registration verification card or equivalent document that is issued under the
laws or regulations of a Tribal Nation within the boundaries of Minnesota and
that verifies that the person is enrolled in or authorized to participate in
that Tribal Nation's Tribal medical cannabis program.
Sec. 81. Minnesota Statutes 2020, section 152.25, subdivision 1, is amended to read:
Subdivision 1. Medical
cannabis manufacturer registration and renewal. (a) The commissioner shall register two
at least four and up to ten in-state manufacturers for the production of
all medical cannabis within the state. A
The registration agreement between the commissioner and a
manufacturer is valid for two years, unless revoked under subdivision
1a, and is nontransferable. The
commissioner shall register new manufacturers or reregister the existing
manufacturers by December 1 every two years, using the factors described in
this subdivision. The commissioner shall
accept applications after December 1, 2014, if one of the manufacturers
registered before December 1, 2014, ceases to be registered as a manufacturer. The commissioner's determination that no
manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is
subject to judicial review in Ramsey County District Court. Once the commissioner has registered more
than two manufacturers, registration renewal for at least one manufacturer must
occur each year. The commissioner shall
begin registering additional manufacturers by December 1, 2022. The commissioner shall renew a registration
if the manufacturer meets the factors described in this subdivision and submits
the registration renewal fee under section 152.35.
(b) An individual or entity seeking registration or registration renewal under this subdivision must apply to the commissioner in a form and manner established by the commissioner. As part of the application, the applicant must submit an attestation signed by a bona fide labor organization stating that the applicant has entered into a labor peace agreement. Before accepting applications for registration or registration renewal, the commissioner must publish on the Office of Medical Cannabis website the application scoring criteria established by the commissioner to determine whether the applicant meets requirements for registration or registration renewal. Data submitted during the application process are private data on individuals or nonpublic data as defined in section 13.02 until the manufacturer is registered under this section. Data on a manufacturer that is registered are public data, unless the data are trade secret or security information under section 13.37.
(b) (c) As a condition for
registration, a manufacturer must agree to or registration renewal:
(1) begin supplying medical cannabis to
patients by July 1, 2015; and
(2) (1) a manufacturer must
comply with all requirements under sections 152.22 to 152.37.;
(2) if the manufacturer is a
business entity, the manufacturer must be incorporated in the state or
otherwise formed or organized under the laws of the state; and
(3) the manufacturer must fulfill
commitments made in the application for registration or registration renewal,
including but not limited to maintenance of a labor peace agreement.
(c) (d) The commissioner
shall consider the following factors when determining which manufacturer to register
or when determining whether to renew a registration:
(1) the technical expertise of the manufacturer in cultivating medical cannabis and converting the medical cannabis into an acceptable delivery method under section 152.22, subdivision 6;
(2) the qualifications of the manufacturer's employees;
(3) the long-term financial stability of the manufacturer;
(4) the ability to provide appropriate security measures on the premises of the manufacturer;
(5) whether the manufacturer has
demonstrated an ability to meet the medical cannabis production needs required
by sections 152.22 to 152.37; and
(6) the manufacturer's projection and
ongoing assessment of fees on patients with a qualifying medical condition.;
(7) the manufacturer's inclusion of leadership
or beneficial ownership, as defined in section 302A.011, subdivision 41, by:
(i) minority persons as defined in
section 116M.14, subdivision 6;
(ii) women;
(iii) individuals with disabilities as
defined in section 363A.03, subdivision 12; or
(iv) military veterans who satisfy the
requirements of section 197.447;
(8) the extent to which registering the
manufacturer or renewing the registration will expand service to a currently
underserved market;
(9) the extent to which registering the
manufacturer or renewing the registration will promote development in a
low-income area as defined in section 116J.982, subdivision 1, paragraph (e);
(10) beneficial ownership as defined in
section 302A.011, subdivision 41, of the manufacturer by Minnesota residents;
and
(11) other factors the commissioner
determines are necessary to protect patient health and ensure public safety.
(e) Commitments made by an applicant in
the application for registration or registration renewal, including but not
limited to maintenance of a labor peace agreement, shall be an ongoing material
condition of maintaining a manufacturer registration.
(d) (f) If an officer, director, or controlling person of the manufacturer pleads or is found guilty of intentionally diverting medical cannabis to a person other than allowed by law under section 152.33, subdivision 1, the commissioner may decide not to renew the registration of the manufacturer, provided the violation occurred while the person was an officer, director, or controlling person of the manufacturer.
(e) The commissioner shall require each
medical cannabis manufacturer to contract with an independent laboratory to
test medical cannabis produced by the manufacturer. The commissioner shall approve the laboratory
chosen by each manufacturer and require that the laboratory report testing
results to the manufacturer in a manner determined by the commissioner.
Sec. 82. Minnesota Statutes 2020, section 152.25, is amended by adding a subdivision to read:
Subd. 1d. Background
study. (a) Before the
commissioner registers a manufacturer or renews a registration, each officer,
director, and controlling person of the manufacturer must consent to a
background study and must submit to the commissioner a completed criminal
history records check consent form, a full set of classifiable fingerprints,
and the required fees. The commissioner
must submit these materials to the Bureau of Criminal Apprehension. The bureau must conduct a Minnesota criminal
history records check, and the superintendent is authorized to exchange
fingerprints with the Federal Bureau of Investigation to obtain national
criminal history record information. The
bureau must return the results of the Minnesota and federal criminal history
records checks to the commissioner.
(b) The commissioner must not register a
manufacturer or renew a registration if an officer, director, or controlling
person of the manufacturer has been convicted of, pled guilty to, or received a
stay of adjudication for:
(1) a violation of state or federal law
related to theft, fraud, embezzlement, breach of fiduciary duty, or other
financial misconduct that is a felony under Minnesota law or would be a felony
if committed in Minnesota; or
(2) a violation of state or federal law
relating to unlawful manufacture, distribution, prescription, or dispensing of
a controlled substance that is a felony under Minnesota law or would be a
felony if committed in Minnesota.
Sec. 83. Minnesota Statutes 2020, section 152.29, subdivision 4, is amended to read:
Subd. 4. Report. (a) Each manufacturer shall report to the commissioner on a monthly basis the following information on each individual patient for the month prior to the report:
(1) the amount and dosages of medical cannabis distributed;
(2) the chemical composition of the medical cannabis; and
(3) the tracking number assigned to any medical cannabis distributed.
(b) For transactions involving Tribal
medical cannabis program patients, each manufacturer shall report to the commissioner
on a weekly basis the following information on each individual Tribal medical
cannabis program patient for the week prior to the report:
(1) the name of the Tribal medical
cannabis program in which the Tribal medical cannabis program patient is
enrolled;
(2) the amount and dosages of medical
cannabis distributed;
(3) the chemical composition of the
medical cannabis; and
(4) the tracking number assigned to the
medical cannabis distributed.
Sec. 84. Minnesota Statutes 2020, section 152.29, is amended by adding a subdivision to read:
Subd. 5. Distribution
to Tribal medical cannabis program patient.
(a) A manufacturer may distribute medical cannabis in accordance
with subdivisions 1 to 4 to a Tribal medical cannabis program patient.
(b) Prior to distribution, the Tribal
medical cannabis program patient must provide to the manufacturer:
(1) a valid medical cannabis
registration verification card or equivalent document issued by a Tribal
medical cannabis program that indicates that the Tribal medical cannabis
program patient is authorized to use medical cannabis on Indian lands over
which the Tribe has jurisdiction; and
(2) a valid photographic identification
card issued by the Tribal medical cannabis program, valid driver's license, or
valid state identification card.
(c) A manufacturer shall distribute
medical cannabis to a Tribal medical cannabis program patient only in a form
allowed under section 152.22, subdivision 6.
Sec. 85. [152.291]
TRIBAL MEDICAL CANNABIS PROGRAM; MANUFACTURERS.
Subdivision 1. Manufacturer. Notwithstanding the requirements and
limitations in section 152.29, subdivision 1, paragraph (a), a Tribal medical
cannabis program operated by a federally recognized Indian Tribe located in
Minnesota shall be recognized as a medical cannabis manufacturer.
Subd. 2. Manufacturer
transportation. (a) A
manufacturer registered with a Tribal medical cannabis program may transport
medical cannabis to testing laboratories and to other Indian lands in the
state.
(b) A manufacturer registered with a
Tribal medical cannabis program must staff a motor vehicle used to transport
medical cannabis with at least two employees of the manufacturer. Each employee in the transport vehicle must
carry identification specifying that the employee is an employee of the
manufacturer, and one employee in the transport vehicle must carry a detailed
transportation manifest that includes the place and time of departure, the
address of the destination, and a description and count of the medical cannabis
being transported.
Sec. 86. Minnesota Statutes 2020, section 152.30, is amended to read:
152.30
PATIENT DUTIES.
(a) A patient shall apply to the commissioner for enrollment in the registry program by submitting an application as required in section 152.27 and an annual registration fee as determined under section 152.35.
(b) As a condition of continued enrollment, patients shall agree to:
(1) continue to receive regularly scheduled treatment for their qualifying medical condition from their health care practitioner; and
(2) report changes in their qualifying medical condition to their health care practitioner.
(c) A patient shall only receive medical cannabis from a registered manufacturer or Tribal medical cannabis program but is not required to receive medical cannabis products from only a registered manufacturer or Tribal medical cannabis program.
Sec. 87. Minnesota Statutes 2020, section 152.32, is amended to read:
152.32
PROTECTIONS FOR REGISTRY PROGRAM PARTICIPATION OR PARTICIPATION IN A TRIBAL
MEDICAL CANNABIS PROGRAM.
Subdivision 1. Presumption. (a) There is a presumption that a patient enrolled in the registry program under sections 152.22 to 152.37 or a Tribal medical cannabis program patient enrolled in a Tribal medical cannabis program is engaged in the authorized use of medical cannabis.
(b) The presumption may be rebutted:
(1) by evidence that a patient's
conduct related to use of medical cannabis was not for the purpose of treating
or alleviating the patient's qualifying medical condition or symptoms
associated with the patient's qualifying medical condition; or
(2) by evidence that a Tribal medical cannabis program patient's use of medical cannabis was not for a purpose authorized by the Tribal medical cannabis program.
Subd. 2. Criminal and civil protections. (a) Subject to section 152.23, the following are not violations under this chapter:
(1) use or possession of medical cannabis
or medical cannabis products by a patient enrolled in the registry program,
or; possession by a registered designated caregiver or the parent,
legal guardian, or spouse of a patient if the parent, legal guardian, or spouse
is listed on the registry verification; or use or possession of medical
cannabis or medical cannabis products by a Tribal medical cannabis program
patient;
(2) possession, dosage determination, or sale of medical cannabis or medical cannabis products by a medical cannabis manufacturer, employees of a manufacturer, a laboratory conducting testing on medical cannabis, or employees of the laboratory; and
(3) possession of medical cannabis or medical cannabis products by any person while carrying out the duties required under sections 152.22 to 152.37.
(b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and associated property is not subject to forfeiture under sections 609.531 to 609.5316.
(c) The commissioner, members of a Tribal medical cannabis board, the commissioner's or Tribal medical cannabis board's staff, the commissioner's or Tribal medical cannabis board's agents or contractors, and any health care practitioner are not subject to any civil or disciplinary penalties by the Board of Medical Practice, the Board of Nursing, or by any business, occupational, or professional licensing board or entity, solely for the participation in the registry program under sections 152.22 to 152.37 or in a Tribal medical cannabis program. A pharmacist licensed under chapter 151 is not subject to any civil or disciplinary penalties by the Board of Pharmacy when acting in accordance with the provisions of sections 152.22 to 152.37. Nothing in this section affects a professional licensing board from taking action in response to violations of any other section of law.
(d) Notwithstanding any law to the contrary, the commissioner, the governor of Minnesota, or an employee of any state agency may not be held civilly or criminally liable for any injury, loss of property, personal injury, or death caused by any act or omission while acting within the scope of office or employment under sections 152.22 to 152.37.
(e) Federal, state, and local law enforcement authorities are prohibited from accessing the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid search warrant.
(f) Notwithstanding any law to the contrary, neither the commissioner nor a public employee may release data or information about an individual contained in any report, document, or registry created under sections 152.22 to 152.37 or any information obtained about a patient participating in the program, except as provided in sections 152.22 to 152.37.
(g) No information contained in a report, document, or registry or obtained from a patient or a Tribal medical cannabis program patient under sections 152.22 to 152.37 may be admitted as evidence in a criminal proceeding unless independently obtained or in connection with a proceeding involving a violation of sections 152.22 to 152.37.
(h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty of a gross misdemeanor.
(i) An attorney may not be subject to disciplinary action by the Minnesota Supreme Court, a Tribal court, or the professional responsibility board for providing legal assistance to prospective or registered manufacturers or others related to activity that is no longer subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for providing legal assistance to a Tribal medical cannabis program.
(j) Possession of a registry verification or application for enrollment in the program by a person entitled to possess or apply for enrollment in the registry program, or possession of a verification or equivalent issued by a Tribal medical cannabis program by a person entitled to possess such verification, does not constitute probable cause or reasonable suspicion, nor shall it be used to support a search of the person or property of the person possessing or applying for the registry verification or equivalent, or otherwise subject the person or property of the person to inspection by any governmental agency.
Subd. 3. Discrimination prohibited. (a) No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for the person's status as a patient enrolled in the registry program under sections 152.22 to 152.37 or for the person's status as a Tribal medical cannabis program patient enrolled in a Tribal medical cannabis program, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.
(b) For the purposes of medical care, including organ transplants, a registry program enrollee's use of medical cannabis under sections 152.22 to 152.37, or a Tribal medical cannabis program patient's use of medical cannabis as authorized by the Tribal medical cannabis program, is considered the equivalent of the authorized use of any other medication used at the discretion of a physician or advanced practice registered nurse and does not constitute the use of an illicit substance or otherwise disqualify a patient from needed medical care.
(c) Unless a failure to do so would
violate federal law or regulations or cause an employer to lose a monetary or
licensing-related benefit under federal law or regulations, an employer may not
discriminate against a person in hiring, termination, or any term or condition
of employment, or otherwise penalize a person, if the discrimination is based
upon either any of the following:
(1) the person's status as a patient
enrolled in the registry program under sections 152.22 to 152.37; or
(2) the person's status as a Tribal
medical cannabis program patient enrolled in a Tribal medical cannabis program;
or
(2) (3) a patient's positive drug test for cannabis components or metabolites, unless the patient used, possessed, or was impaired by medical cannabis on the premises of the place of employment or during the hours of employment.
(d) An employee who is required to undergo employer drug testing pursuant to section 181.953 may present verification of enrollment in the patient registry or of enrollment in a Tribal medical cannabis program as part of the employee's explanation under section 181.953, subdivision 6.
(e) A person shall not be denied custody of a minor child or visitation rights or parenting time with a minor child solely based on the person's status as a patient enrolled in the registry program under sections 152.22 to 152.37 or on the person's status as a Tribal medical cannabis program patient enrolled in a Tribal medical cannabis program. There shall be no presumption of neglect or child endangerment for conduct allowed under sections 152.22 to 152.37 or under a Tribal medical cannabis program, unless the person's behavior is such that it creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
Sec. 88. Minnesota Statutes 2020, section 152.33, subdivision 1, is amended to read:
Subdivision 1. Intentional diversion; criminal penalty. In addition to any other applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally transfers medical cannabis to a person other than another registered manufacturer, a patient, a registered designated caregiver, a Tribal medical cannabis program patient, or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both. A person convicted under this subdivision may not continue to be affiliated with the manufacturer and is disqualified from further participation under sections 152.22 to 152.37.
Sec. 89. Minnesota Statutes 2020, section 152.35, is amended to read:
152.35
FEES; DEPOSIT OF REVENUE.
(a) The commissioner shall collect an
enrollment fee of $200 $40 from patients enrolled under this
section 152.27. If the patient
provides evidence of receiving Social Security disability insurance (SSDI),
Supplemental Security Income (SSI), veterans disability, or railroad disability
payments, or being enrolled in medical assistance or MinnesotaCare, then the
fee shall be $50. For purposes of this
section:
(1) a patient is considered to receive
SSDI if the patient was receiving SSDI at the time the patient was transitioned
to retirement benefits by the United States Social Security Administration; and
(2) veterans disability payments include
VA dependency and indemnity compensation.
Unless a patient provides evidence of receiving payments
from or participating in one of the programs specifically listed in this
paragraph, the commissioner of health must collect the $200 enrollment fee from
a patient to enroll the patient in the registry program. The fees shall be payable annually and are
due on the anniversary date of the patient's enrollment. The fee amount shall be deposited in the
state treasury and credited to the state government special revenue fund.
(b) The commissioner shall collect an
a nonrefundable registration application fee of $20,000 $10,000
from each entity submitting an application for registration as a medical
cannabis manufacturer. Revenue from the
fee shall be deposited in the state treasury and credited to the state
government special revenue fund.
(c) The commissioner shall establish and
collect an annual registration renewal fee from a medical cannabis
manufacturer equal to the cost of regulating and inspecting the manufacturer in
that year for the upcoming registration period. Revenue from the fee amount shall be
deposited in the state treasury and credited to the state government special
revenue fund.
(d) A medical cannabis manufacturer may charge patients enrolled in the registry program a reasonable fee for costs associated with the operations of the manufacturer. The manufacturer may establish a sliding scale of patient fees based upon a patient's household income and may accept private donations to reduce patient fees.
Sec. 90. Laws 2021, First Special Session chapter 7, article 3, section 44, is amended to read:
Sec. 44. MENTAL
HEALTH CULTURAL COMMUNITY CONTINUING EDUCATION GRANT PROGRAM.
(a) The commissioner of health
shall develop a grant program, in consultation with the relevant mental health
licensing boards, to:
(1) provide for the continuing
education necessary for social workers, marriage and family therapists,
psychologists, and professional clinical counselors to become supervisors for
individuals pursuing licensure in mental health professions;
(2) cover the costs when supervision is
required for professionals becoming supervisors; and
(3) cover the supervisory costs for mental health practitioners pursuing licensure at the professional level.
(b) Social workers, marriage and family therapists, psychologists, and professional clinical counselors obtaining continuing education and mental health practitioners needing supervised hours to become licensed as professionals under this section must:
(1) be members of communities of color or underrepresented communities as defined in Minnesota Statutes, section 148E.010, subdivision 20, or practice in a mental health professional shortage area; and
(2) work for community mental health
providers and agree to deliver at least 25 percent of their yearly patient
encounters to state public program enrollees or patients receiving sliding fee
schedule discounts through a formal sliding fee schedule meeting the standards
established by the United States Department of Health and Human Services under
Code of Federal Regulations, title 42, section 51, chapter 303.
Sec. 91. BENEFIT
AND COST ANALYSIS OF A UNIVERSAL HEALTH REFORM PROPOSAL.
Subdivision 1. Contract
for analysis of proposal. The
commissioner of health shall contract with the University of Minnesota School
of Public Health and the Carlson School of Management to conduct an analysis of
the benefits and costs of a legislative proposal for a universal health care
financing system and a similar analysis of the current health care financing
system to assist the state in comparing the proposal to the current system.
Subd. 2. Proposal. The commissioner of health, with input
from the commissioners of human services and commerce, shall submit to the
University of Minnesota for analysis a legislative proposal known as the
Minnesota Health Plan that would offer a universal health care plan designed to
meet the following principles:
(1) ensure all Minnesotans are covered;
(2) cover all necessary care, including
dental, vision and hearing, mental health, chemical dependency treatment,
prescription drugs, medical equipment and supplies, long-term care, and home
care; and
(3) allow patients to choose their
doctors, hospitals, and other providers.
Subd. 3. Proposal
analysis. (a) The analysis
must measure the performance of both the Minnesota Health Plan and the current
health care financing system over a ten-year period to contrast the impact on:
(1) the number of people covered versus
the number of people who continue to lack access to health care because of
financial or other barriers, if any;
(2) the completeness of the coverage
and the number of people lacking coverage for dental, long-term care, medical
equipment or supplies, vision and hearing, or other health services that are
not covered, if any;
(3) the adequacy of the coverage, the
level of underinsured in the state, and whether people with coverage can afford
the care they need or whether cost prevents them from accessing care;
(4) the timeliness and appropriateness
of the care received and whether people turn to inappropriate care such as
emergency rooms because of a lack of proper care in accordance with clinical
guidelines; and
(5) total public and private health
care spending in Minnesota under the current system versus under the
legislative proposal, including all spending by individuals, businesses, and
government. "Total public and
private health care spending" means spending on all medical care including
but not limited to dental, vision and hearing, mental health, chemical
dependency treatment, prescription drugs, medical equipment and supplies,
long-term care, and home care, whether paid through premiums, co-pays and
deductibles, other out-of-pocket payments, or other funding from government,
employers, or other sources. Total
public and private health care spending also includes the costs associated with
administering, delivering, and paying for the care. The costs of administering, delivering, and
paying for the care includes all expenses by insurers, providers, employers,
individuals, and government to select, negotiate, purchase, and administer
insurance and care including but not limited to coverage for health care,
dental, long-term care, prescription drugs, medical expense portions of workers
compensation and automobile insurance, and the cost of administering and paying
for all health care products and services that are not covered by insurance. The analysis of total health care spending
shall examine whether there are savings or additional costs under the
legislative proposal compared to the existing system due to:
(i) reduced insurance, billing,
underwriting, marketing, evaluation, and other administrative functions
including savings from global budgeting for hospitals and institutional care
instead of billing for individual services provided;
(ii) reduced prices on medical services
and products including pharmaceuticals due to price negotiations, if applicable
under the proposal;
(iii) changes in utilization, better
health outcomes, and reduced time away from work due to prevention, early
intervention, health-promoting activities, and to the extent possible given
available data and resources;
(iv) shortages or excess capacity of
medical facilities and equipment under either the current system or the
proposal;
(v) the impact on state, local, and
federal government non-health-care expenditures such as reduced crime and
out-of-home placement costs due to mental health or chemical dependency
coverage; and
(vi) job losses or gains in health care
delivery, health billing and insurance administration, and elsewhere in the
economy under the proposal due to implementation of the reforms and the
resulting reduction of insurance and administrative burdens on businesses.
(b) The analysts may consult with
authors of the legislative proposal to gain understanding or clarification of
the specifics of the proposal. The
analysis shall assume that the provisions in the proposal are not preempted by
federal law or that the federal government gives a waiver to the preemptions.
(c) The commissioner shall
issue a final report by January 15, 2023, and may provide interim reports and
status updates to the governor and the chairs and ranking minority members of
the legislative committees with jurisdiction over health and human services
policy and finance.
Sec. 92. NURSING
WORKFORCE REPORT.
The commissioner of health shall provide
a public report on the following topics:
(1) Minnesota's supply of active
licensed registered nurses;
(2) trends in Minnesota regarding
retention by hospitals of licensed registered nurses;
(3) reasons licensed registered nurses
are leaving direct care positions at hospitals; and
(4) reasons licensed registered nurses
are choosing not to renew their licenses and leaving the profession.
Sec. 93. EMMETT
LOUIS TILL VICTIMS RECOVERY PROGRAM.
Subdivision 1. Short
title. This section shall be
known as the Emmett Louis Till Victims Recovery Program.
Subd. 2. Program
established; grants. (a) The commissioner
of health shall establish the Emmett Louis Till Victims Recovery Program to
address the health and wellness needs of victims who experienced trauma,
including historical trauma, resulting from government-sponsored activities,
and to address the health and wellness needs of the families and heirs of these
victims.
(b) The commissioner, in consultation
with family members of victims who experienced trauma resulting from
government-sponsored activities and with community-based organizations that provide
culturally appropriate services to victims experiencing trauma and their
families, shall award competitive grants to applicants for projects to provide
the following services to victims who experienced trauma resulting from
government-sponsored activities and their families and heirs:
(1) health and wellness services, which
may include services and support to address physical health, mental health, and
cultural needs;
(2) remembrance and legacy preservation
activities;
(3) cultural awareness services; and
(4) community resources and services to
promote healing for victims who experienced trauma resulting from
government-sponsored activities and their families and heirs.
(c) In awarding grants under this
section, the commissioner must prioritize grant awards to community-based
organizations experienced in providing support and services to victims and
families who experienced trauma resulting from government-sponsored activities.
Subd. 3. Evaluation. Grant recipients must provide the
commissioner with information required by the commissioner to evaluate the
grant program, in a time and manner specified by the commissioner.
Subd. 4. Report. By January 15, 2023, the commissioner
must submit a status report on the operation and results of the grant program,
to the extent possible. The report must
be submitted to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care.
The report must include information on grant program activities to date,
services offered by grant recipients, and an assessment of the need to continue
to offer services to victims, families, and heirs who experienced trauma
resulting from government-sponsored activities.
Sec. 94. IDENTIFY
STRATEGIES FOR REDUCTION OF ADMINISTRATIVE SPENDING AND LOW-VALUE CARE; REPORT.
(a) The commissioner of health shall
develop recommendations for strategies to reduce the volume and growth of
administrative spending by health care organizations and group purchasers and
the amount of low-value care delivered to Minnesota residents. In support of the development of
recommendations, the commissioner shall:
(1) review the availability of data and
identify gaps in the data infrastructure to estimate aggregated and
disaggregated administrative spending and low-value care;
(2) based on available data, estimate
the volume and change over time of administrative spending and low-value care
in Minnesota;
(3) conduct an environmental scan and
key informant interviews with experts in health care finance, health economics,
health care management or administration, or the administration of health
insurance benefits to identify drivers of spending growth for spending on
administrative services or the provision of low-value care; and
(4) convene a clinical learning
community and an employer task force to review the evidence from clauses (1) to
(3) and develop a set of actionable strategies to address administrative
spending volume and growth and the magnitude of the volume of low-value care.
(b) By December 15, 2024, the
commissioner shall report the recommendations to the chairs and ranking members
of the legislative committees with jurisdiction over health and human services
financing and policy.
Sec. 95. INITIAL
IMPLEMENTATION OF THE KEEPING NURSES AT THE BEDSIDE ACT.
(a) By April 1, 2024, each hospital
must establish and convene a hospital nurse staffing committee as described
under Minnesota Statutes, section 144.7053.
(b) By June 1, 2024, each hospital must
implement core staffing plans developed by its hospital nurse staffing
committee and satisfy the plan posting requirements under Minnesota Statutes,
section 144.7056.
(c) By June 1, 2024, each hospital must
submit to the commissioner of health core staffing plans meeting the requirements
of Minnesota Statutes, section 144.7055.
Sec. 96. LEAD
SERVICE LINE INVENTORY GRANT PROGRAM.
Subdivision 1. Establishment. The commissioner of health must
establish a grant program to provide financial assistance to municipalities for
producing an inventory of publicly and privately owned lead service lines
within their jurisdiction.
Subd. 2. Eligible
uses. A municipality
receiving a grant under this section may use the grant funds to:
(1) survey households to determine the
material of which their water service line is made;
(2) create publicly available databases
or visualizations of lead service lines; and
(3) comply with the lead service line
inventory requirements in the Environmental Protection Agency's Lead and Copper
Rule.
Sec. 97. PAYMENT
MECHANISMS IN RURAL HEALTH CARE.
The commissioner of health shall develop
a plan to assess readiness of rural communities and rural health care providers
to adopt value-based, global budgeting, or alternative payment systems and
recommend steps needed to implement. The
commissioner may use the development of case studies and modeling of alternate
payment systems to demonstrate value-based payment systems that ensure a
baseline level of essential community or regional health services and address
population health needs. The
commissioner shall develop recommendations for pilot projects by January 1,
2025, with the aim of ensuring financial viability of rural health care systems
in the context of spending growth targets.
The commissioner shall share findings with the Health Care Affordability
Board.
Sec. 98. PROGRAM
TO DISTRIBUTE COVID-19 TESTS, MASKS, AND RESPIRATORS.
Subdivision 1. Definitions. (a) The terms defined in this
subdivision apply to this section.
(b) "Antigen test" means a
lateral flow immunoassay intended for the qualitative detection of nucleocapsid
protein antigens from the SARS-CoV-2 virus in nasal swabs, that has emergency
use authorization from the United States Food and Drug Administration and that
is authorized for nonprescription home use with self-collected nasal swabs.
(c) "COVID-19 test" means a
test authorized by the United States Food and Drug Administration to detect the
presence of genetic material of the SARS-CoV-2 virus either through a molecular
method that detects the RNA or nucleic acid component of the virus, such as
polymerase chain reaction or isothermal amplification, or through a rapid
lateral flow immunoassay that detects the nucleocapsid protein antigens from
the SARS-CoV-2 virus.
(d) "KN95 respirator" means a
type of filtering facepiece respirator that is commonly made and used in China,
is designed and tested to meet an international standard, and does not include
an exhalation valve.
(e) "Mask" means a face
covering intended to contain droplets and particles in a person's breath,
cough, or sneeze.
(f) "Respirator" means a face
covering that filters the air and fits closely on the face to filter out
particles, including the SARS-CoV-2 virus.
Subd. 2. Program
established. In order to help
reduce the number of cases of COVID-19 in the state, the commissioner of health
must administer a program to distribute to individuals in Minnesota, COVID-19
tests, including antigen tests; and masks and respirators, including KN95 respirators
and similar respirators approved by the Centers for Disease Control and
Prevention and authorized by the commissioner for distribution under this
program. Masks and respirators
distributed under this program may include child-sized masks and respirators,
if such masks and respirators are available and the commissioner finds there is
a need for them. COVID-19 tests, masks,
and respirators must be distributed at no cost to the individuals receiving
them and may be shipped directly to individuals; distributed through local
health departments, COVID community coordinators, and other community‑based
organizations; and distributed through other means determined by the
commissioner. The commissioner may
prioritize distribution under this section to communities and populations who
are disproportionately impacted by COVID-19 or who have difficulty accessing
COVID-19 tests, masks, or respirators.
Subd. 3. Process
to order COVID-19 tests, masks, and respirators. The commissioner may establish a
process for individuals to order COVID-19 tests, masks, and respirators to be
shipped directly to the individual.
Subd. 4. Notice. An entity distributing KN95
respirators or similar respirators under this section may include with the
respirators a notice that individuals with a medical condition that may make it
difficult to wear a KN95 respirator or similar respirator should consult with a
health care provider before use.
Subd. 5. Coordination. The commissioner may coordinate this
program with other state and federal programs that distribute COVID-19 tests,
masks, or respirators to the public.
Sec. 99. REPORT
ON TRANSPARENCY OF HEALTH CARE PAYMENTS.
Subdivision 1. Definitions. (a) The terms defined in this
subdivision apply to this section.
(b) "Commissioner" means the
commissioner of health.
(c) "Non-claims-based
payments" means payments to health care providers designed to support and
reward value of health care services over volume of health care services and
includes alternative payment models or incentives, payments for infrastructure
expenditures or investments, and payments for workforce expenditures or
investments.
(d) "Nonpublic data" has the
meaning given in Minnesota Statutes, section 13.02, subdivision 9.
(e) "Primary care services"
means integrated, accessible health care services provided by clinicians who
are accountable for addressing a large majority of personal health care needs,
developing a sustained partnership with patients, and practicing in the context
of family and community. Primary care
services include but are not limited to preventive services, office visits,
annual physicals, pre-operative physicals, assessments, care coordination,
development of treatment plans, management of chronic conditions, and diagnostic
tests.
Subd. 2. Report. (a) To provide the legislature with
information needed to meet the evolving health care needs of Minnesotans, the
commissioner shall report to the legislature by February 15, 2023, on the
volume and distribution of health care spending across payment models used by
health plan companies and third-party administrators, with a particular focus
on value-based care models and primary care spending.
(b) The report must include specific
health plan and third-party administrator estimates of health care spending for
claims-based payments and non-claims-based payments for the most recent
available year, reported separately for Minnesotans enrolled in state health
care programs, Medicare Advantage, and commercial health insurance. The report must also include recommendations
on changes needed to gather better data from health plan companies and
third-party administrators on the use of value-based payments that pay for
value of health care services provided over volume of services provided,
promote the health of all Minnesotans, reduce health disparities, and support
the provision of primary care services and preventive services.
(c) In preparing the report, the
commissioner shall:
(1) describe the form, manner, and
timeline for submission of data by health plan companies and third-party
administrators to produce estimates as specified in paragraph (b);
(2) collect summary data that permits
the computation of:
(i) the percentage of total payments
that are non-claims-based payments; and
(ii) the percentage of payments in item
(i) that are for primary care services;
(3) where data was not directly derived,
specify the methods used to estimate data elements;
(4) notwithstanding Minnesota Statutes,
section 62U.04, subdivision 11, conduct analyses of the magnitude of primary
care payments using data collected by the commissioner under Minnesota
Statutes, section 62U.04; and
(5) conduct interviews with health plan
companies and third-party administrators to better understand the types of
non-claims-based payments and models in use, the purposes or goals of each, the
criteria for health care providers to qualify for these payments, and the
timing and structure of health plan companies or third-party administrators
making these payments to health care provider organizations.
(d) Health plan companies and
third-party administrators must comply with data requests from the commissioner
under this section within 60 days after receiving the request.
(e) Data collected under this section are
nonpublic data. Notwithstanding the
definition of summary data in Minnesota Statutes, section 13.02, subdivision
19, summary data prepared under this section may be derived from nonpublic data. The commissioner shall establish procedures
and safeguards to protect the integrity and confidentiality of any data
maintained by the commissioner.
Sec. 100. SAFETY
IMPROVEMENTS FOR STATE LICENSED LONG-TERM CARE FACILITIES.
Subdivision 1. Temporary
grant program for long-term care safety improvements. The commissioner of health shall
develop, implement, and manage a temporary, competitive grant process for
state-licensed long-term care facilities to improve their ability to reduce the
transmission of COVID-19 or other similar conditions.
Subd. 2. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Eligible facility" means:
(1) an assisted living facility licensed
under chapter 144G;
(2) a supervised living facility
licensed under chapter 144;
(3) a boarding care facility that is not
federally certified and is licensed under chapter 144; and
(4) a nursing home that is not federally
certified and is licensed under chapter 144A.
(c) "Eligible project" means a
modernization project to update, remodel, or replace outdated equipment,
systems, technology, or physical spaces.
Subd. 3. Program. (a) The commissioner of health shall
award improvement grants to an eligible facility. An improvement grant shall not exceed
$1,250,000.
(b) Funds may be used to improve the
safety, quality of care, and livability of aging infrastructure in a Department
of Health licensed eligible facility with an emphasis on reducing the
transmission risk of COVID-19 and other infections. Projects include but are not limited to:
(1) heating, ventilation, and
air-conditioning systems improvements to reduce airborne exposures;
(2) physical space changes for infection
control; and
(3) technology improvements to reduce
social isolation and improve resident or client well-being.
(c) Notwithstanding any law to the
contrary, funds awarded in a grant agreement do not lapse until expended by the
grantee.
Subd. 4. Applications. An eligible facility seeking a grant
shall apply to the commissioner. The application
must include a description of the resident population demographics, the problem
the proposed project will address, a description of the project including
construction and remodeling drawings or specifications, sources of funds for
the project, including any in-kind resources, uses of funds for the project,
the results expected, and a plan to maintain or operate any facility or
equipment included in the project. The
applicant must describe achievable objectives, a timetable, and roles and
capabilities of responsible individuals and organization. An applicant must submit to the commissioner
evidence that competitive bidding was used to select contractors for the
project.
Subd. 5. Consideration
of applications. The
commissioner shall review each application to determine if the application is
complete and if the facility and the project are eligible for a grant. In evaluating applications, the commissioner
shall develop a standardized scoring system that assesses: (1) the applicant's understanding of the
problem, description of the project and the likelihood of a successful outcome
of the project; (2) the extent to which the project will reduce the
transmission of COVID-19; (3) the extent to which the applicant has
demonstrated that it has made adequate provisions to ensure proper and
efficient operation of the facility once the project is completed; (4) and
other relevant factors as determined by the commissioner. During application review, the commissioner
may request additional information about a proposed project, including
information on project cost. Failure to
provide the information requested disqualifies an applicant.
Subd. 6. Program
oversight. The commissioner
shall determine the amount of a grant to be given to an eligible facility based
on the relative score of each eligible facility's application, other relevant
factors discussed during the review, and the funds available to the
commissioner. During the grant period
and within one year after completion of the grant period, the commissioner may
collect from an eligible facility receiving a grant, any information necessary
to evaluate the program.
Subd. 7. Expiration. This section expires June 30, 2025.
Sec. 101. STUDY
OF THE DEVELOPMENT OF A STATEWIDE REGISTRY FOR PROVIDER ORDERS FOR
LIFE-SUSTAINING TREATMENT.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Commissioner" means the
commissioner of health.
(c) "Life-sustaining
treatment" means any medical procedure, pharmaceutical drug, medical
device, or medical intervention that maintains life by sustaining, restoring,
or supplanting a vital function. Life-sustaining
treatment does not include routine care necessary to sustain patient
cleanliness and comfort.
(d) "POLST" means a provider
order for life-sustaining treatment, signed by a physician, advanced practice
registered nurse, or physician assistant, to ensure that the medical treatment
preferences of a patient with an advanced serious illness who is nearing the
end of life are honored.
(e) "POLST form" means a
portable medical form used to communicate a physician's order to help ensure
that a patient's medical treatment preferences are conveyed to emergency
medical service personnel and other health care providers.
Subd. 2. Study. (a) The commissioner, in consultation
with the advisory committee established in paragraph (c), shall study the
issues related to creating a statewide registry of POLST forms to ensure that a
patient's medical treatment preferences are followed by all health care
providers. The registry must allow for
the submission of completed POLST forms and for the forms to be accessed by
health care providers and emergency medical service personnel in a timely
manner, for the provision of care or services.
(b) As a part of the study, the commissioner shall develop recommendations on the following:
(1) electronic capture, storage, and
security of information in the registry;
(2) procedures to protect the accuracy
and confidentiality of information submitted to the registry;
(3) limits as to who can access the
registry;
(4) where the registry should
be housed;
(5) ongoing funding models for the
registry; and
(6) any other action needed to ensure
that patients' rights are protected and that their health care decisions are
followed.
(c) The commissioner shall create an
advisory committee with members representing physicians, physician assistants,
advanced practice registered nurses, nursing homes, emergency medical service
providers, hospice and palliative care providers, the disability community,
attorneys, medical ethicists, and the religious community.
Subd. 3. Report. The commissioner shall submit a report
on the results of the study, including recommendations on establishing a
statewide registry of POLST forms, to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services
policy and finance by February 1, 2023.
Sec. 102. REVISOR
INSTRUCTION.
(a) The revisor of statutes shall
codify Laws 2021, First Special Session chapter 7, article 3, section 44, as
Minnesota Statutes, section 144.1512. The
revisor of statutes may make any necessary cross-reference changes.
(b) The revisor of statutes shall
correct cross-references in Minnesota Statutes to conform with the relettering
of paragraphs in Minnesota Statutes, section 144.1501, subdivision 1.
(c) In Minnesota Statutes, section
144.7055, the revisor shall renumber paragraphs (b) to (e) alphabetically as individual
subdivisions under Minnesota Statutes, section 144.7051. The revisor shall make any necessary changes
to sentence structure for this renumbering while preserving the meaning of the
text. The revisor shall also make
necessary cross-reference changes in Minnesota Statutes and Minnesota Rules
consistent with the renumbering.
(d) The revisor of statutes shall
renumber Minnesota Statutes, sections 145A.145 and 145A.17, as new sections
following Minnesota Statutes, section 145.871.
The revisor shall also make necessary cross-reference changes consistent
with the renumbering.
ARTICLE 2
DEPARTMENT OF HEALTH POLICY
Section 1. Minnesota Statutes 2021 Supplement, section 144.0724, subdivision 4, is amended to read:
Subd. 4. Resident assessment schedule. (a) A facility must conduct and electronically submit to the federal database MDS assessments that conform with the assessment schedule defined by the Long Term Care Facility Resident Assessment Instrument User's Manual, version 3.0, or its successor issued by the Centers for Medicare and Medicaid Services. The commissioner of health may substitute successor manuals or question and answer documents published by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, to replace or supplement the current version of the manual or document.
(b) The assessments required under the
Omnibus Budget Reconciliation Act of 1987 (OBRA) used to determine a case mix
classification for reimbursement include the following:
(1) a new admission comprehensive assessment, which must have an assessment reference date (ARD) within 14 calendar days after admission, excluding readmissions;
(2) an annual comprehensive assessment, which must have an ARD within 92 days of a previous quarterly review assessment or a previous comprehensive assessment, which must occur at least once every 366 days;
(3) a significant change in status comprehensive assessment, which must have an ARD within 14 days after the facility determines, or should have determined, that there has been a significant change in the resident's physical or mental condition, whether an improvement or a decline, and regardless of the amount of time since the last comprehensive assessment or quarterly review assessment;
(4) a quarterly review assessment must have an ARD within 92 days of the ARD of the previous quarterly review assessment or a previous comprehensive assessment;
(5) any significant correction to a prior comprehensive assessment, if the assessment being corrected is the current one being used for RUG classification;
(6) any significant correction to a prior quarterly review assessment, if the assessment being corrected is the current one being used for RUG classification;
(7) a required significant change in status assessment when:
(i) all speech, occupational, and physical therapies have ended. If the most recent OBRA comprehensive or quarterly assessment completed does not result in a rehabilitation case mix classification, then the significant change in status assessment is not required. The ARD of this assessment must be set on day eight after all therapy services have ended; and
(ii) isolation for an infectious disease has ended. If isolation was not coded on the most recent OBRA comprehensive or quarterly assessment completed, then the significant change in status assessment is not required. The ARD of this assessment must be set on day 15 after isolation has ended; and
(8) any modifications to the most recent assessments under clauses (1) to (7).
(c) In addition to the assessments listed in paragraph (b), the assessments used to determine nursing facility level of care include the following:
(1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by the Senior LinkAge Line or other organization under contract with the Minnesota Board on Aging; and
(2) a nursing facility level of care determination as provided for under section 256B.0911, subdivision 4e, as part of a face-to-face long-term care consultation assessment completed under section 256B.0911, by a county, tribe, or managed care organization under contract with the Department of Human Services.
Sec. 2. Minnesota Statutes 2020, section 144.1201, subdivision 2, is amended to read:
Subd. 2. By-product
nuclear Byproduct material. "By-product
nuclear Byproduct material" means a radioactive material,
other than special nuclear material, yielded in or made radioactive by exposure
to radiation created incident to the process of producing or utilizing special
nuclear material.:
(1) any radioactive material, except
special nuclear material, yielded in or made radioactive by exposure to the
radiation incident to the process of producing or using special nuclear
material;
(2) the tailings or wastes produced by
the extraction or concentration of uranium or thorium from ore processed
primarily for its source material content, including discrete surface wastes
resulting from uranium solution extraction processes. Underground ore bodies depleted by these
solution extraction operations do not constitute byproduct material within this
definition;
(3) any discrete source of
radium-226 that is produced, extracted, or converted after extraction for
commercial, medical, or research activity, or any material that:
(i) has been made radioactive by use of
a particle accelerator; and
(ii) is produced, extracted, or
converted after extraction for commercial, medical, or research activity; and
(4) any discrete source of naturally
occurring radioactive material, other than source nuclear material, that:
(i) the United States Nuclear
Regulatory Commission, in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the Secretary of
Homeland Security, and the head of any other appropriate federal agency
determines would pose a threat similar to the threat posed by a discrete source
of radium-226 to the public health and safety or the common defense and
security; and
(ii) is extracted or converted after
extraction for use in a commercial, medical, or research activity.
Sec. 3. Minnesota Statutes 2020, section 144.1201, subdivision 4, is amended to read:
Subd. 4. Radioactive
material. "Radioactive
material" means a matter that emits radiation. Radioactive material includes special nuclear
material, source nuclear material, and by-product nuclear byproduct
material.
Sec. 4. Minnesota Statutes 2021 Supplement, section 144.1481, subdivision 1, is amended to read:
Subdivision 1. Establishment;
membership. The commissioner of
health shall establish a 16-member 21‑member Rural Health
Advisory Committee. The committee shall
consist of the following members, all of whom must reside outside the
seven-county metropolitan area, as defined in section 473.121, subdivision 2:
(1) two members from the house of representatives of the state of Minnesota, one from the majority party and one from the minority party;
(2) two members from the senate of the state of Minnesota, one from the majority party and one from the minority party;
(3) a volunteer member of an ambulance service based outside the seven-county metropolitan area;
(4) a representative of a hospital located outside the seven-county metropolitan area;
(5) a representative of a nursing home located outside the seven-county metropolitan area;
(6) a medical doctor or doctor of osteopathic medicine licensed under chapter 147;
(7) a dentist licensed under chapter 150A;
(8) a midlevel practitioner an
advanced practice provider;
(9) a registered nurse or licensed practical nurse;
(10) a licensed health care professional from an occupation not otherwise represented on the committee;
(11) a representative of an institution of
higher education located outside the seven-county metropolitan area that
provides training for rural health care providers; and
(12) a member of a Tribal
nation;
(13) a representative of a local public
health agency or community health board;
(14) a health professional or advocate
with experience working with people with mental illness;
(15) a representative of a community
organization that works with individuals experiencing health disparities;
(16) an individual with expertise in
economic development, or an employer working outside the seven-county
metropolitan area; and
(12) (17) three consumers,
at least one of whom must be an advocate for persons who are mentally ill or
developmentally disabled from a community experiencing health
disparities.
The commissioner will make recommendations for committee membership. Committee members will be appointed by the governor. In making appointments, the governor shall ensure that appointments provide geographic balance among those areas of the state outside the seven-county metropolitan area. The chair of the committee shall be elected by the members. The advisory committee is governed by section 15.059, except that the members do not receive per diem compensation.
Sec. 5. Minnesota Statutes 2020, section 144.1503, is amended to read:
144.1503
HOME AND COMMUNITY-BASED SERVICES EMPLOYEE SCHOLARSHIP AND LOAN FORGIVENESS
PROGRAM.
Subdivision 1. Creation. The home and community-based services
employee scholarship and loan forgiveness grant program is established for
the purpose of assisting to assist qualified provider applicants to
fund in funding employee scholarships and qualified educational
loan repayments for education, training, field experience, and
examinations in nursing and, other health care fields, and
licensure as an assisted living director under section 144A.20, subdivision 4.
Subd. 1a. Definition. For purposes of this section,
"qualified educational loan" means a government, commercial, or
foundation loan secured by an employee of a qualifying provider for actual
costs paid for tuition, training, and examinations; reasonable education,
training, and field experience expenses; and reasonable living expenses related
to the employee's graduate or undergraduate education.
Subd. 2. Provision of grants. The commissioner shall make grants available to qualified providers of older adult services. Grants must be used by home and community-based service providers to recruit and train staff through the establishment of an employee scholarship and loan forgiveness fund.
Subd. 3. Eligibility. (a) Eligible providers must primarily provide services to individuals who are 65 years of age and older in home and community-based settings, including housing with services establishments as defined in section 144D.01, subdivision 4; assisted living facilities as defined in section 144G.08, subdivision 7; adult day care as defined in section 245A.02, subdivision 2a; and home care services as defined in section 144A.43, subdivision 3.
(b) Qualifying providers must establish a home and community-based services employee scholarship and loan forgiveness program, as specified in subdivision 4. Providers that receive funding under this section must use the funds to award scholarships to, and to repay qualified educational loans of, employees who work an average of at least 16 hours per week for the provider.
Subd. 4. Home
and community-based services employee scholarship and loan forgiveness
program. Each qualifying provider
under this section must propose a home and community-based services employee scholarship
and loan forgiveness program. Providers
must establish criteria by which funds are to be distributed among employees. At a minimum, the scholarship and loan
forgiveness program must cover employee costs and repay qualified
educational loans of employees related to a course of study that is
expected to lead to career advancement with the provider or in the field of
long-term care, including home care, care of persons with disabilities, or
nursing, or management as a licensed assisted living director.
Subd. 5. Participating providers. The commissioner shall publish a request for proposals in the State Register, specifying provider eligibility requirements, criteria for a qualifying employee scholarship and loan forgiveness program, provider selection criteria, documentation required for program participation, maximum award amount, and methods of evaluation. The commissioner must publish additional requests for proposals each year in which funding is available for this purpose.
Subd. 6. Application requirements. Eligible providers seeking a grant shall submit an application to the commissioner. Applications must contain a complete description of the employee scholarship and loan forgiveness program being proposed by the applicant, including the need for the organization to enhance the education of its workforce, the process for determining which employees will be eligible for scholarships or loan repayment, any other sources of funding for scholarships or loan repayment, the expected degrees or credentials eligible for scholarships or loan repayment, the amount of funding sought for the scholarship and loan forgiveness program, a proposed budget detailing how funds will be spent, and plans for retaining eligible employees after completion of their scholarship or repayment of their loan.
Subd. 7. Selection process. The commissioner shall determine a maximum award for grants and make grant selections based on the information provided in the grant application, including the demonstrated need for an applicant provider to enhance the education of its workforce, the proposed employee scholarship and loan forgiveness selection process, the applicant's proposed budget, and other criteria as determined by the commissioner. Notwithstanding any law or rule to the contrary, funds awarded to grantees in a grant agreement do not lapse until the grant agreement expires.
Subd. 8. Reporting requirements. Participating providers shall submit an invoice for reimbursement and a report to the commissioner on a schedule determined by the commissioner and on a form supplied by the commissioner. The report shall include the amount spent on scholarships and loan repayment; the number of employees who received scholarships and the number of employees for whom loans were repaid; and, for each scholarship or loan forgiveness recipient, the name of the recipient, the current position of the recipient, the amount awarded or loan amount repaid, the educational institution attended, the nature of the educational program, and the expected or actual program completion date. During the grant period, the commissioner may require and collect from grant recipients other information necessary to evaluate the program.
Sec. 6. Minnesota Statutes 2020, section 144.1911, subdivision 4, is amended to read:
Subd. 4. Career
guidance and support services. (a)
The commissioner shall award grants to eligible nonprofit organizations and
eligible postsecondary educational institutions, including the University of
Minnesota, to provide career guidance and support services to immigrant
international medical graduates seeking to enter the Minnesota health workforce. Eligible grant activities include the
following:
(1) educational and career navigation, including information on training and licensing requirements for physician and nonphysician health care professions, and guidance in determining which pathway is best suited for an individual international medical graduate based on the graduate's skills, experience, resources, and interests;
(2) support in becoming proficient in medical English;
(3) support in becoming proficient in the use of information technology, including computer skills and use of electronic health record technology;
(4) support for increasing knowledge of and familiarity with the United States health care system;
(5) support for other foundational skills identified by the commissioner;
(6) support for immigrant international medical graduates in becoming certified by the Educational Commission on Foreign Medical Graduates, including help with preparation for required licensing examinations and financial assistance for fees; and
(7) assistance to international medical graduates in registering with the program's Minnesota international medical graduate roster.
(b) The commissioner shall award the
initial grants under this subdivision by December 31, 2015.
Sec. 7. Minnesota Statutes 2020, section 144.292, subdivision 6, is amended to read:
Subd. 6. Cost. (a) When a patient requests a copy of the patient's record for purposes of reviewing current medical care, the provider must not charge a fee.
(b) When a provider or its representative makes copies of patient records upon a patient's request under this section, the provider or its representative may charge the patient or the patient's representative no more than 75 cents per page, plus $10 for time spent retrieving and copying the records, unless other law or a rule or contract provide for a lower maximum charge. This limitation does not apply to x-rays. The provider may charge a patient no more than the actual cost of reproducing x-rays, plus no more than $10 for the time spent retrieving and copying the x‑rays.
(c) The respective maximum charges of 75 cents per page and $10 for time provided in this subdivision are in effect for calendar year 1992 and may be adjusted annually each calendar year as provided in this subdivision. The permissible maximum charges shall change each year by an amount that reflects the change, as compared to the previous year, in the Consumer Price Index for all Urban Consumers, Minneapolis-St. Paul (CPI-U), published by the Department of Labor.
(d) A provider or its representative may
charge the $10 retrieval fee, but must not charge a per page fee to provide
copies of records requested by a patient or the patient's authorized
representative if the request for copies of records is for purposes of
appealing a denial of Social Security disability income or Social Security
disability benefits under title II or title XVI of the Social Security Act;
except that no fee shall be charged to a person patient who is
receiving public assistance, or to a patient who is represented by an
attorney on behalf of a civil legal services program or a volunteer attorney
program based on indigency. For the
purpose of further appeals, a patient may receive no more than two medical
record updates without charge, but only for medical record information
previously not provided. For purposes of
this paragraph, a patient's authorized representative does not include units of
state government engaged in the adjudication of Social Security disability
claims.
Sec. 8. Minnesota Statutes 2020, section 144.497, is amended to read:
144.497
ST ELEVATION MYOCARDIAL INFARCTION.
The commissioner of health shall assess and
report on the quality of care provided in the state for ST elevation
myocardial infarction response and treatment.
The commissioner shall:
(1) utilize and analyze data provided by ST
elevation myocardial infarction receiving centers to the ACTION Registry-Get
with the guidelines or an equivalent data platform that does not identify
individuals or associate specific ST elevation myocardial infarction heart
attack events with an identifiable individual; and
(2) quarterly post a summary
report of the data in aggregate form on the Department of Health website;
(3) annually inform the legislative
committees with jurisdiction over public health of progress toward improving
the quality of care and patient outcomes for ST elevation myocardial
infarctions; and
(4) (2) coordinate to the
extent possible with national voluntary health organizations involved in ST
elevation myocardial infarction heart attack quality improvement to encourage
ST elevation myocardial infarction receiving centers to report data consistent
with nationally recognized guidelines on the treatment of individuals with
confirmed ST elevation myocardial infarction heart attacks within the state and
encourage sharing of information among health care providers on ways to improve
the quality of care of ST elevation myocardial infarction patients in
Minnesota.
Sec. 9. Minnesota Statutes 2021 Supplement, section 144.551, subdivision 1, is amended to read:
Subdivision 1. Restricted construction or modification. (a) The following construction or modification may not be commenced:
(1) any erection, building, alteration, reconstruction, modernization, improvement, extension, lease, or other acquisition by or on behalf of a hospital that increases the bed capacity of a hospital, relocates hospital beds from one physical facility, complex, or site to another, or otherwise results in an increase or redistribution of hospital beds within the state; and
(2) the establishment of a new hospital.
(b) This section does not apply to:
(1) construction or relocation within a county by a hospital, clinic, or other health care facility that is a national referral center engaged in substantial programs of patient care, medical research, and medical education meeting state and national needs that receives more than 40 percent of its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a health care facility held an approved certificate of need on May 1, 1984, regardless of the date of expiration of the certificate;
(3) a project for which a certificate of need was denied before July 1, 1990, if a timely appeal results in an order reversing the denial;
(4) a project exempted from certificate of need requirements by Laws 1981, chapter 200, section 2;
(5) a project involving consolidation of pediatric specialty hospital services within the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the number of pediatric specialty hospital beds among the hospitals being consolidated;
(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds to an existing licensed hospital that will allow for the reconstruction of a new philanthropic, pediatric-orthopedic hospital on an existing site and that will not result in a net increase in the number of hospital beds. Upon completion of the reconstruction, the licenses of both hospitals must be reinstated at the capacity that existed on each site before the relocation;
(7) the relocation or redistribution of hospital beds within a hospital building or identifiable complex of buildings provided the relocation or redistribution does not result in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds from one physical site or complex to another; or (iii) redistribution of hospital beds within the state or a region of the state;
(8) relocation or redistribution of hospital beds within a hospital corporate system that involves the transfer of beds from a closed facility site or complex to an existing site or complex provided that: (i) no more than 50 percent of the capacity of the closed facility is transferred; (ii) the capacity of the site or complex to which the beds are transferred does not increase by more than 50 percent; (iii) the beds are not transferred outside of a federal health systems agency boundary in place on July 1, 1983; (iv) the relocation or redistribution does not involve the construction of a new hospital building; and (v) the transferred beds are used first to replace within the hospital corporate system the total number of beds previously used in the closed facility site or complex for mental health services and substance use disorder services. Only after the hospital corporate system has fulfilled the requirements of this item may the remainder of the available capacity of the closed facility site or complex be transferred for any other purpose;
(9) a construction project involving up to 35 new beds in a psychiatric hospital in Rice County that primarily serves adolescents and that receives more than 70 percent of its patients from outside the state of Minnesota;
(10) a project to replace a hospital or hospitals with a combined licensed capacity of 130 beds or less if: (i) the new hospital site is located within five miles of the current site; and (ii) the total licensed capacity of the replacement hospital, either at the time of construction of the initial building or as the result of future expansion, will not exceed 70 licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;
(11) the relocation of licensed hospital beds from an existing state facility operated by the commissioner of human services to a new or existing facility, building, or complex operated by the commissioner of human services; from one regional treatment center site to another; or from one building or site to a new or existing building or site on the same campus;
(12) the construction or relocation of hospital beds operated by a hospital having a statutory obligation to provide hospital and medical services for the indigent that does not result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27 beds, of which 12 serve mental health needs, may be transferred from Hennepin County Medical Center to Regions Hospital under this clause;
(13) a construction project involving the addition of up to 31 new beds in an existing nonfederal hospital in Beltrami County;
(14) a construction project involving the addition of up to eight new beds in an existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;
(15) a construction project involving the addition of 20 new hospital beds in an existing hospital in Carver County serving the southwest suburban metropolitan area;
(16) a project for the construction or relocation of up to 20 hospital beds for the operation of up to two psychiatric facilities or units for children provided that the operation of the facilities or units have received the approval of the commissioner of human services;
(17) a project involving the addition of 14 new hospital beds to be used for rehabilitation services in an existing hospital in Itasca County;
(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin County that closed 20 rehabilitation beds in 2002, provided that the beds are used only for rehabilitation in the hospital's current rehabilitation building. If the beds are used for another purpose or moved to another location, the hospital's licensed capacity is reduced by 20 beds;
(19) a critical access hospital established under section 144.1483, clause (9), and section 1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public Law 105-33, to the extent that the critical access hospital does not seek to exceed the maximum number of beds permitted such hospital under federal law;
(20) notwithstanding section 144.552, a project for the construction of a new hospital in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:
(i) the project, including each hospital or health system that will own or control the entity that will hold the new hospital license, is approved by a resolution of the Maple Grove City Council as of March 1, 2006;
(ii) the entity that will hold the new hospital license will be owned or controlled by one or more not-for-profit hospitals or health systems that have previously submitted a plan or plans for a project in Maple Grove as required under section 144.552, and the plan or plans have been found to be in the public interest by the commissioner of health as of April 1, 2005;
(iii) the new hospital's initial inpatient services must include, but are not limited to, medical and surgical services, obstetrical and gynecological services, intensive care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics, behavioral health services, and emergency room services;
(iv) the new hospital:
(A) will have the ability to provide and staff sufficient new beds to meet the growing needs of the Maple Grove service area and the surrounding communities currently being served by the hospital or health system that will own or control the entity that will hold the new hospital license;
(B) will provide uncompensated care;
(C) will provide mental health services, including inpatient beds;
(D) will be a site for workforce development for a broad spectrum of health-care-related occupations and have a commitment to providing clinical training programs for physicians and other health care providers;
(E) will demonstrate a commitment to quality care and patient safety;
(F) will have an electronic medical records system, including physician order entry;
(G) will provide a broad range of senior services;
(H) will provide emergency medical services that will coordinate care with regional providers of trauma services and licensed emergency ambulance services in order to enhance the continuity of care for emergency medical patients; and
(I) will be completed by December 31, 2009, unless delayed by circumstances beyond the control of the entity holding the new hospital license; and
(v) as of 30 days following submission of a written plan, the commissioner of health has not determined that the hospitals or health systems that will own or control the entity that will hold the new hospital license are unable to meet the criteria of this clause;
(21) a project approved under section 144.553;
(22) a project for the construction of a hospital with up to 25 beds in Cass County within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's license holder is approved by the Cass County Board;
(23) a project for an acute care hospital in Fergus Falls that will increase the bed capacity from 108 to 110 beds by increasing the rehabilitation bed capacity from 14 to 16 and closing a separately licensed 13-bed skilled nursing facility;
(24) notwithstanding section 144.552, a project for the construction and expansion of a specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively for patients who are under 21 years of age on the date of admission. The commissioner conducted a public interest review of the mental health needs of Minnesota and the Twin Cities metropolitan area in 2008. No further public interest review shall be conducted for the construction or expansion project under this clause;
(25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls, if the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete;
(26)(i) a project for a 20-bed psychiatric hospital, within an existing facility in the city of Maple Grove, exclusively for patients who are under 21 years of age on the date of admission, if the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete;
(ii) this project shall serve patients in the continuing care benefit program under section 256.9693. The project may also serve patients not in the continuing care benefit program; and
(iii) if the project ceases to participate in the continuing care benefit program, the commissioner must complete a subsequent public interest review under section 144.552. If the project is found not to be in the public interest, the license must be terminated six months from the date of that finding. If the commissioner of human services terminates the contract without cause or reduces per diem payment rates for patients under the continuing care benefit program below the rates in effect for services provided on December 31, 2015, the project may cease to participate in the continuing care benefit program and continue to operate without a subsequent public interest review;
(27) a project involving the addition of 21 new beds in an existing psychiatric hospital in Hennepin County that is exclusively for patients who are under 21 years of age on the date of admission;
(28) a project to add 55 licensed beds in an existing safety net, level I trauma center hospital in Ramsey County as designated under section 383A.91, subdivision 5, of which 15 beds are to be used for inpatient mental health and 40 are to be used for other services. In addition, five unlicensed observation mental health beds shall be added;
(29) upon submission of a plan to the
commissioner for public interest review under section 144.552 and the addition
of the 15 inpatient mental health beds specified in clause (28), to its bed
capacity, a project to add 45 licensed beds in an existing safety net, level I
trauma center hospital in Ramsey County as designated under section 383A.91,
subdivision 5. Five of the 45 additional
beds authorized under this clause must be designated for use for inpatient
mental health and must be added to the hospital's bed capacity before the
remaining 40 beds are added. Notwithstanding
section 144.552, the hospital may add licensed beds under this clause prior to
completion of the public interest review, provided the hospital submits its
plan by the 2021 deadline and adheres to the timelines for the public interest
review described in section 144.552; or
(30) upon submission of a plan to the
commissioner for public interest review under section 144.552, a project to add
up to 30 licensed beds in an existing psychiatric hospital in Hennepin County
that exclusively provides care to patients who are under 21 years of age on the
date of admission. Notwithstanding
section 144.552, the psychiatric hospital may add licensed beds under this
clause prior to completion of the public interest review, provided the hospital
submits its plan by the 2021 deadline and adheres to the timelines for the
public interest review described in section 144.552.;
(31) a project to add licensed
beds in a hospital in Cook County that: (i)
is designated as a critical access hospital under section 144.1483, clause (9),
and United States Code, title 42, section 1395i-4; (ii) has a licensed bed
capacity of fewer than 25 beds; and (iii) has an attached nursing home, so long
as the total number of licensed beds in the hospital after the bed addition does
not exceed 25 beds; or
(32) upon submission of a plan to the
commissioner for public interest review under section 144.552, a project to add
22 licensed beds at a Minnesota freestanding children's hospital in St. Paul
that is part of an independent pediatric health system with freestanding
inpatient hospitals located in Minneapolis and St. Paul. The beds shall be utilized for pediatric
inpatient behavioral health services. Notwithstanding
section 144.552, the hospital may add licensed beds under this clause prior to
completion of the public interest review, provided the hospital submits its
plan by the 2022 deadline and adheres to the timelines for the public interest
review described in section 144.552.
Sec. 10. Minnesota Statutes 2020, section 144.565, subdivision 4, is amended to read:
Subd. 4.
Definitions. (a) For purposes of this section, the
following terms have the meanings given:.
(b) "Diagnostic imaging facility"
means a health care facility that is not a hospital or location licensed as a
hospital which offers diagnostic imaging services in Minnesota, regardless of
whether the equipment used to provide the service is owned or leased. For the purposes of this section, diagnostic
imaging facility includes, but is not limited to, facilities such as a
physician's office, clinic, mobile transport vehicle, outpatient imaging
center, or surgical center. A dental
clinic or office is not considered a diagnostic imaging facility for the
purpose of this section when the clinic or office performs diagnostic imaging
through dental cone beam computerized tomography.
(c) "Diagnostic imaging service"
means the use of ionizing radiation or other imaging technique on a human
patient including, but not limited to, magnetic resonance imaging
(MRI) or computerized tomography (CT) other than dental cone beam
computerized tomography, positron emission tomography (PET), or single
photon emission computerized tomography (SPECT) scans using fixed, portable, or
mobile equipment.
(d) "Financial or economic interest" means a direct or indirect:
(1) equity or debt security issued by an entity, including, but not limited to, shares of stock in a corporation, membership in a limited liability company, beneficial interest in a trust, units or other interests in a partnership, bonds, debentures, notes or other equity interests or debt instruments, or any contractual arrangements;
(2) membership, proprietary interest, or co-ownership with an individual, group, or organization to which patients, clients, or customers are referred to; or
(3) employer-employee or independent contractor relationship, including, but not limited to, those that may occur in a limited partnership, profit-sharing arrangement, or other similar arrangement with any facility to which patients are referred, including any compensation between a facility and a health care provider, the group practice of which the provider is a member or employee or a related party with respect to any of them.
(e) "Fixed equipment" means a stationary diagnostic imaging machine installed in a permanent location.
(f) "Mobile equipment" means a diagnostic imaging machine in a self-contained transport vehicle designed to be brought to a temporary offsite location to perform diagnostic imaging services.
(g) "Portable equipment" means a diagnostic imaging machine designed to be temporarily transported within a permanent location to perform diagnostic imaging services.
(h) "Provider of diagnostic imaging services" means a diagnostic imaging facility or an entity that offers and bills for diagnostic imaging services at a facility owned or leased by the entity.
Sec. 11. Minnesota Statutes 2020, section 144.586, is amended by adding a subdivision to read:
Subd. 4. Screening
for eligibility for health coverage or assistance. (a) A hospital must screen a patient
who is uninsured or whose insurance coverage status is not known by the
hospital, for eligibility for charity care from the hospital, eligibility for
state or federal public health care programs using presumptive eligibility or
another similar process, and eligibility for a premium tax credit. The hospital must attempt to complete this
screening process in person or by telephone within 30 days after the patient's
admission to the hospital.
(b) If the patient is eligible for
charity care from the hospital, the hospital must assist the patient in
applying for charity care and must refer the patient to the appropriate
department in the hospital for follow-up.
(c) If the patient is presumptively
eligible for a public health care program, the hospital must assist the patient
in completing an insurance affordability program application, help schedule an
appointment for the patient with a navigator organization, or provide the
patient with contact information for navigator services. If the patient is eligible for a premium tax
credit, the hospital may schedule an appointment for the patient with a
navigator organization or provide the patient with contact information for
navigator services.
(d) A patient may decline to
participate in the screening process, to apply for charity care, to complete an
insurance affordability program application, to schedule an appointment with a
navigator organization, or to accept information about navigator services.
(e) For purposes of this subdivision:
(1) "hospital" means a
private, nonprofit, or municipal hospital licensed under sections 144.50 to
144.56;
(2) "navigator" has the
meaning given in section 62V.02, subdivision 9;
(3) "premium tax credit"
means a tax credit or premium subsidy under the federal Patient Protection and
Affordable Care Act, Public Law 111-148, as amended, including the federal
Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and
any amendments to and federal guidance and regulations issued under these acts;
and
(4) "presumptive eligibility"
has the meaning given in section 256B.057, subdivision 12.
EFFECTIVE
DATE. This section is
effective November 1, 2022.
Sec. 12. Minnesota Statutes 2020, section 144.6502, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Commissioner" means the commissioner of health.
(c) "Department" means the Department of Health.
(d) "Electronic monitoring"
means the placement and use of an electronic monitoring device by a resident
in the resident's room or private living unit in accordance with this section.
(e) "Electronic monitoring device" means a camera or other device that captures, records, or broadcasts audio, video, or both, that is placed in a resident's room or private living unit and is used to monitor the resident or activities in the room or private living unit.
(f) "Facility" means a facility that is:
(1) licensed as a nursing home under chapter 144A;
(2) licensed as a boarding care home under sections 144.50 to 144.56;
(3) until August 1, 2021, a housing with services establishment registered under chapter 144D that is either subject to chapter 144G or has a disclosed special unit under section 325F.72; or
(4) on or after August 1, 2021, an assisted living facility.
(g) "Resident" means a person 18 years of age or older residing in a facility.
(h) "Resident representative" means one of the following in the order of priority listed, to the extent the person may reasonably be identified and located:
(1) a court-appointed guardian;
(2) a health care agent as defined in section 145C.01, subdivision 2; or
(3) a person who is not an agent of a facility or of a home care provider designated in writing by the resident and maintained in the resident's records on file with the facility.
Sec. 13. Minnesota Statutes 2020, section 144.651, is amended by adding a subdivision to read:
Subd. 10a. Designated
support person for pregnant patient.
(a) A health care provider and a health care facility must allow,
at a minimum, one designated support person of a pregnant patient's choosing to
be physically present while the patient is receiving health care services
including during a hospital stay.
(b) For purposes of this subdivision,
"designated support person" means any person necessary to provide
comfort to the patient including but not limited to the patient's spouse,
partner, family member, or another person related by affinity. Certified doulas and traditional midwives may
not be counted toward the limit of one designated support person.
Sec. 14. Minnesota Statutes 2020, section 144.69, is amended to read:
144.69
CLASSIFICATION OF DATA ON INDIVIDUALS.
Subdivision 1. Data
collected by the cancer reporting system.
Notwithstanding any law to the contrary, including section 13.05,
subdivision 9, data collected on individuals by the cancer surveillance reporting
system, including the names and personal identifiers of persons required in
section 144.68 to report, shall be private and may only be used for the
purposes set forth in this section and sections 144.671, 144.672, and 144.68. Any disclosure other than is provided for in
this section and sections 144.671, 144.672, and 144.68, is declared to be a
misdemeanor and punishable as such. Except
as provided by rule, and as part of an epidemiologic investigation, an officer
or employee of the commissioner of health may interview patients named in any
such report, or relatives of any such patient, only after the consent of
notifying the attending physician, advanced practice registered nurse,
or surgeon is obtained.
Subd. 2. Transfers
of information to non-Minnesota state and federal government agencies. (a) Information containing personal
identifiers collected by the cancer reporting system may be provided to the
statewide cancer registry of other states solely for the purposes consistent
with this section and sections 144.671, 144.672, and 144.68, provided that the
other state agrees to maintain the classification of the information as
provided under subdivision 1.
(b) Information, excluding
direct identifiers such as name, Social Security number, telephone number, and
street address, collected by the cancer reporting system may be provided to the
Centers for Disease Control and Prevention's National Program of Cancer
Registries and the National Cancer Institute's Surveillance, Epidemiology, and
End Results Program registry.
Sec. 15. Minnesota Statutes 2021 Supplement, section 144.9501, subdivision 17, is amended to read:
Subd. 17. Lead hazard reduction. (a) "Lead hazard reduction" means abatement, swab team services, or interim controls undertaken to make a residence, child care facility, school, playground, or other location where lead hazards are identified lead-safe by complying with the lead standards and methods adopted under section 144.9508.
(b) Lead hazard reduction does not
include renovation activity that is primarily intended to remodel, repair, or
restore a given structure or dwelling rather than abate or control lead-based
paint hazards.
(c) Lead hazard reduction does not
include activities that disturb painted surfaces that total:
(1) less than 20 square feet (two square
meters) on exterior surfaces; or
(2) less than two square feet (0.2
square meters) in an interior room.
Sec. 16. Minnesota Statutes 2020, section 144.9501, subdivision 26a, is amended to read:
Subd. 26a. Regulated
lead work. (a) "Regulated
lead work" means:
(1) abatement;
(2) interim controls;
(3) a clearance inspection;
(4) a lead hazard screen;
(5) a lead inspection;
(6) a lead risk assessment;
(7) lead project designer services;
(8) lead sampling technician services;
(9) swab team services;
(10) renovation activities; or
(11) lead hazard reduction; or
(11) (12) activities
performed to comply with lead orders issued by a community health board an
assessing agency.
(b) Regulated lead work does not include
abatement, interim controls, swab team services, or renovation activities that
disturb painted surfaces that total no more than:
(1) 20 square feet (two square meters)
on exterior surfaces; or
(2) six square feet (0.6
square meters) in an interior room.
Sec. 17. Minnesota Statutes 2020, section 144.9501, subdivision 26b, is amended to read:
Subd. 26b. Renovation. (a) "Renovation" means the modification of any pre-1978 affected property for compensation that results in the disturbance of known or presumed lead-containing painted surfaces defined under section 144.9508, unless that activity is performed as lead hazard reduction. A renovation performed for the purpose of converting a building or part of a building into an affected property is a renovation under this subdivision.
(b) Renovation does not include
activities that disturb painted surfaces that total:
(1) less than 20 square feet (two square
meters) on exterior surfaces; or
(2) less than six square feet (0.6
square meters) in an interior room.
Sec. 18. Minnesota Statutes 2020, section 144.9505, subdivision 1, is amended to read:
Subdivision 1. Licensing, certification, and permitting. (a) Fees collected under this section shall be deposited into the state treasury and credited to the state government special revenue fund.
(b) Persons shall not advertise or otherwise present themselves as lead supervisors, lead workers, lead inspectors, lead risk assessors, lead sampling technicians, lead project designers, renovation firms, or lead firms unless they have licenses or certificates issued by the commissioner under this section.
(c) The fees required in this section for inspectors, risk assessors, and certified lead firms are waived for state or local government employees performing services for or as an assessing agency.
(d) An individual who is the owner of
property on which regulated lead work lead hazard reduction is to
be performed or an adult individual who is related to the property owner, as
defined under section 245A.02, subdivision 13, is exempt from the requirements
to obtain a license and pay a fee according to this section.
(e) A person that employs individuals to
perform regulated lead work lead hazard reduction, clearance
inspections, lead risk assessments, lead inspections, lead hazard screens, lead
project designer services, lead sampling technician services, and swab team
services outside of the person's property must obtain certification as a
certified lead firm. An individual who
performs lead hazard reduction, lead hazard screens, lead inspections, lead
risk assessments, clearance inspections, lead project designer services, lead
sampling technician services, swab team services, and activities performed to
comply with lead orders must be employed by a certified lead firm, unless the
individual is a sole proprietor and does not employ any other individuals,;
the individual is employed by a person that does not perform regulated lead
work lead hazard reduction, clearance inspections, lead risk
assessments, lead inspections, lead hazard screens, lead project designer
services, lead sampling technician services, and swab team services outside
of the person's property,; or the individual is employed by an
assessing agency.
Sec. 19. Minnesota Statutes 2020, section 144.9505, subdivision 1h, is amended to read:
Subd. 1h. Certified
renovation firm. A person who employs
individuals to perform performs renovation activities outside of
the person's property must obtain certification as a renovation firm. The certificate must be in writing, contain
an expiration date, be signed by the commissioner, and give the name and
address of the person to whom it is issued.
A renovation firm certificate is valid for two years. The certification fee is $100, is
nonrefundable, and must be submitted with each application. The renovation firm certificate or a copy of
the certificate must be readily available at the worksite for review by the
contracting entity, the commissioner, and other public health officials charged
with the health, safety, and welfare of the state's citizens.
Sec. 20. Minnesota Statutes 2020, section 144A.01, is amended to read:
144A.01
DEFINITIONS.
Subdivision 1. Scope. For the purposes of sections 144A.01 to 144A.27, the terms defined in this section have the meanings given them.
Subd. 2. Commissioner of health. "Commissioner of health" means the state commissioner of health established by section 144.011.
Subd. 3. Board of Executives for Long Term Services and Supports. "Board of Executives for Long Term Services and Supports" means the Board of Executives for Long Term Services and Supports established by section 144A.19.
Subd. 3a. Certified. "Certified" means certified for participation as a provider in the Medicare or Medicaid programs under title XVIII or XIX of the Social Security Act.
Subd. 4. Controlling
person. (a) "Controlling
person" means any public body, governmental agency, business entity,
an owner and the following individuals and entities, if applicable:
(1) each officer of the
organization, including the chief executive officer and the chief
financial officer;
(2) the nursing home administrator,;
or director whose responsibilities include the direction of the management
or policies of a nursing home
(3) any managerial official.
(b) "Controlling person"
also means any entity or natural person who, directly or indirectly,
beneficially owns any has any direct or indirect ownership interest
in:
(1) any corporation, partnership or other business association which is a controlling person;
(2) the land on which a nursing home is located;
(3) the structure in which a nursing home is located;
(4) any entity with at least a five
percent mortgage, contract for deed, deed of trust, or other obligation
secured in whole or part by security interest in the land or
structure comprising a nursing home; or
(5) any lease or sublease of the land, structure, or facilities comprising a nursing home.
(b) (c) "Controlling
person" does not include:
(1) a bank, savings bank, trust company, savings association, credit union, industrial loan and thrift company, investment banking firm, or insurance company unless the entity directly or through a subsidiary operates a nursing home;
(2) government and government-sponsored
entities such as the United States Department of Housing and Urban Development,
Ginnie Mae, Fannie Mae, Freddie Mac, and the Minnesota Housing Finance Agency
which provide loans, financing, and insurance products for housing sites;
(2) (3) an
individual who is a state or federal official or, a
state or federal employee, or a member or employee of the governing body
of a political subdivision of the state which or federal government
that operates one or more nursing homes, unless the individual is also an
officer or director of a, owner, or managerial official of the
nursing home, receives any remuneration from a nursing home, or owns any of
the beneficial interests who is a controlling person not otherwise
excluded in this subdivision;
(3) (4) a natural person who
is a member of a tax-exempt organization under section 290.05, subdivision 2,
unless the individual is also an officer or director of a nursing home, or
owns any of the beneficial interests a controlling person not otherwise
excluded in this subdivision; and
(4) (5) a natural person who
owns less than five percent of the outstanding common shares of a corporation:
(i) whose securities are exempt by virtue of section 80A.45, clause (6); or
(ii) whose transactions are exempt by virtue of section 80A.46, clause (7).
Subd. 4a. Emergency. "Emergency" means a situation or physical condition that creates or probably will create an immediate and serious threat to a resident's health or safety.
Subd. 5. Nursing home. "Nursing home" means a facility or that part of a facility which provides nursing care to five or more persons. "Nursing home" does not include a facility or that part of a facility which is a hospital, a hospital with approved swing beds as defined in section 144.562, clinic, doctor's office, diagnostic or treatment center, or a residential program licensed pursuant to sections 245A.01 to 245A.16 or 252.28.
Subd. 6. Nursing care. "Nursing care" means health evaluation and treatment of patients and residents who are not in need of an acute care facility but who require nursing supervision on an inpatient basis. The commissioner of health may by rule establish levels of nursing care.
Subd. 7. Uncorrected violation. "Uncorrected violation" means a violation of a statute or rule or any other deficiency for which a notice of noncompliance has been issued and fine assessed and allowed to be recovered pursuant to section 144A.10, subdivision 8.
Subd. 8. Managerial
employee official. "Managerial
employee official" means an employee of a individual
who has the decision-making authority related to the operation of the
nursing home whose duties include and the responsibility for either: (1) the ongoing management of the nursing
home; or (2) the direction of some or all of the management or
policies, services, or employees of the nursing home.
Subd. 9. Nursing home administrator. "Nursing home administrator" means a person who administers, manages, supervises, or is in general administrative charge of a nursing home, whether or not the individual has an ownership interest in the home, and whether or not the person's functions and duties are shared with one or more individuals, and who is licensed pursuant to section 144A.21.
Subd. 10. Repeated violation. "Repeated violation" means the issuance of two or more correction orders, within a 12-month period, for a violation of the same provision of a statute or rule.
Subd. 11. Change
of ownership. "Change of
ownership" means a change in the licensee.
Subd. 12. Direct
ownership interest. "Direct
ownership interest" means an individual or legal entity with the
possession of at least five percent equity in capital, stock, or profits of the
licensee or who is a member of a limited liability company of the licensee.
Subd. 13. Indirect
ownership interest. "Indirect
ownership interest" means an individual or legal entity with a direct
ownership interest in an entity that has a direct or indirect ownership
interest of at least five percent in an entity that is a licensee.
Subd. 14. Licensee. "Licensee" means a person or
legal entity to whom the commissioner issues a license for a nursing home and
who is responsible for the management, control, and operation of the nursing
home.
Subd. 15. Management
agreement. "Management
agreement" means a written, executed agreement between a licensee and
manager regarding the provision of certain services on behalf of the licensee.
Subd. 16. Manager. "Manager" means an
individual or legal entity designated by the licensee through a management agreement
to act on behalf of the licensee in the on-site management of the nursing home.
Subd. 17. Owner. "Owner" means: (1) an individual or legal entity that has a
direct or indirect ownership interest of five percent or more in a licensee;
and (2) for purposes of this chapter, owner of a nonprofit corporation means
the president and treasurer of the board of directors; and (3) for an entity
owned by an employee stock ownership plan, owner means the president and
treasurer of the entity. A government
entity that is issued a license under this chapter shall be designated the
owner.
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 21. Minnesota Statutes 2020, section 144A.03, subdivision 1, is amended to read:
Subdivision 1. Form; requirements. (a) The commissioner of health by rule shall establish forms and procedures for the processing of nursing home license applications.
(b) An application for a nursing
home license shall include the following information:
(1) the names business name
and addresses of all controlling persons and managerial employees of the
facility to be licensed legal entity name of the licensee;
(2) the street address, mailing address, and legal property description of the facility;
(3) the names, email addresses,
telephone numbers, and mailing addresses of all owners, controlling persons,
managerial officials, and the nursing home administrator;
(4) the name and email address of the
managing agent and manager, if applicable;
(5) the licensed bed capacity;
(6) the license fee in the amount
specified in section 144.122;
(7) documentation of compliance with
the background study requirements in section 144.057 for the owner, controlling
persons, and managerial officials. Each
application for a new license must include documentation for the applicant and
for each individual with five percent or more direct or indirect ownership in
the applicant;
(3) (8) a copy of the
architectural and engineering plans and specifications of the facility as
prepared and certified by an architect or engineer registered to practice in
this state; and
(9) a representative copy of
the executed lease agreement between the landlord and the licensee, if
applicable;
(10) a representative copy of the
management agreement, if applicable;
(11) a representative copy of the
operations transfer agreement or similar agreement, if applicable;
(12) an organizational chart that
identifies all organizations and individuals with an ownership interest in the
licensee of five percent or greater and that specifies their relationship with
the licensee and with each other;
(13) whether the applicant, owner,
controlling person, managerial official, or nursing home administrator of the
facility has ever been convicted of:
(i) a crime or found civilly liable for
a federal or state felony-level offense that was detrimental to the best
interests of the facility and its residents within the last ten years preceding
submission of the license application. Offenses
include: (A) felony crimes against
persons and other similar crimes for which the individual was convicted,
including guilty pleas and adjudicated pretrial diversions; (B) financial
crimes such as extortion, embezzlement, income tax evasion, insurance fraud,
and other similar crimes for which the individual was convicted, including
guilty pleas and adjudicated pretrial diversions; (C) any felonies involving
malpractice that resulted in a conviction of criminal neglect or misconduct;
and (D) any felonies that would result in a mandatory exclusion under section
1128(a) of the Social Security Act;
(ii) any misdemeanor under federal or
state law related to the delivery of an item or service under Medicaid or a
state health care program or the abuse or neglect of a patient in connection
with the delivery of a health care item or service;
(iii) any misdemeanor under federal or
state law related to theft, fraud, embezzlement, breach of fiduciary duty, or
other financial misconduct in connection with the delivery of a health care
item or service;
(iv) any felony or misdemeanor under
federal or state law relating to the interference with or obstruction of any
investigation into any criminal offense described in Code of Federal
Regulations, title 42, section 1001.101 or 1001.201; or
(v) any felony or misdemeanor under
federal or state law relating to the unlawful manufacture, distribution,
prescription, or dispensing of a controlled substance;
(14) whether the applicant, owner,
controlling person, managerial official, or nursing home administrator of the
facility has had:
(i) any revocation or suspension of a
license to provide health care by any state licensing authority. This includes the surrender of the license
while a formal disciplinary proceeding was pending before a state licensing
authority;
(ii) any revocation or suspension of
accreditation; or
(iii) any suspension or exclusion from
participation in, or any sanction imposed by, a federal or state health care
program or any debarment from participation in any federal executive branch
procurement or nonprocurement program;
(15) whether in the preceding
three years the applicant or any owner, controlling person, managerial
official, or nursing home administrator of the facility has a record of
defaulting in the payment of money collected for others, including the
discharge of debts through bankruptcy proceedings;
(16) the signature of the owner of the
licensee or an authorized agent of the licensee;
(17) identification of all states where
the applicant or individual having a five percent or more ownership currently
or previously has been licensed as an owner or operator of a long-term care,
community-based, or health care facility or agency where the applicant's or
individual's license or federal certification has been denied, suspended,
restricted, conditioned, refused, not renewed, or revoked under a private or
state-controlled receivership or where these same actions are pending under the
laws of any state or federal authority; and
(4) (18) any other relevant
information which the commissioner of health by rule or otherwise may determine
is necessary to properly evaluate an application for license.
(c) A controlling person which is a
corporation shall submit copies of its articles of incorporation and bylaws and
any amendments thereto as they occur, together with the names and addresses of
its officers and directors. A
controlling person which is a foreign corporation shall furnish the
commissioner of health with a copy of its certificate of authority to do
business in this state. An
application on behalf of a controlling person which is a corporation,
association or a governmental unit or instrumentality shall be signed by at
least two officers or managing agents of that entity.
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 22. Minnesota Statutes 2020, section 144A.04, subdivision 4, is amended to read:
Subd. 4. Controlling
person restrictions. (a) The commissioner
has discretion to bar any controlling persons of a nursing home may not
include any if the person who was a controlling person of another
any other nursing home during any period of time, assisted
living facility, long-term care or health care facility, or agency in the
previous two-year period and:
(1) during which that period of
time of control that other nursing home the facility or agency
incurred the following number of uncorrected or repeated violations:
(i) two or more uncorrected violations or one or more repeated violations which created an imminent risk to direct resident or client care or safety; or
(ii) four or more uncorrected violations
or two or more repeated violations of any nature for which the fines are in
the four highest daily fine categories prescribed in rule that created
an imminent risk to direct resident or client care or safety; or
(2) who during that period of
time, was convicted of a felony or gross misdemeanor that relates related
to operation of the nursing home facility
or agency or directly affects affected resident safety or
care, during that period.
(b) The provisions of this subdivision shall not apply to any controlling person who had no legal authority to affect or change decisions related to the operation of the nursing home which incurred the uncorrected violations.
(c) When the commissioner bars a
controlling person under this subdivision, the controlling person has the right
to appeal under chapter 14.
Sec. 23. Minnesota Statutes 2020, section 144A.04, subdivision 6, is amended to read:
Subd. 6. Managerial
employee official or licensed administrator; employment
prohibitions. A nursing home may not
employ as a managerial employee official or as its licensed
administrator any person who was a managerial employee official
or the licensed administrator of another facility during any period of time in
the previous two-year period:
(1) during which time of employment that
other nursing home incurred the following number of uncorrected violations
which were in the jurisdiction and control of the managerial employee official
or the administrator:
(i) two or more uncorrected violations or
one or more repeated violations which created an imminent risk to direct
resident care or safety; or
(ii) four or more uncorrected violations or two or more repeated violations of any nature for which the fines are in the four highest daily fine categories prescribed in rule; or
(2) who was convicted of a felony or gross misdemeanor that relates to operation of the nursing home or directly affects resident safety or care, during that period.
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 24. Minnesota Statutes 2020, section 144A.06, is amended to read:
144A.06
TRANSFER OF INTERESTS LICENSE PROHIBITED.
Subdivision 1. Notice;
expiration of license Transfers prohibited. Any controlling person who makes any
transfer of a beneficial interest in a nursing home shall notify the
commissioner of health of the transfer within 14 days of its occurrence. The notification shall identify by name and
address the transferor and transferee and shall specify the nature and amount
of the transferred interest. On determining
that the transferred beneficial interest exceeds ten percent of the total
beneficial interest in the nursing home facility, the structure in which the
facility is located, or the land upon which the structure is located, the
commissioner may, and on determining that the transferred beneficial interest
exceeds 50 percent of the total beneficial interest in the facility, the
structure in which the facility is located, or the land upon which the
structure is located, the commissioner shall require that the license of the
nursing home expire 90 days after the date of transfer. The commissioner of health shall notify the
nursing home by certified mail of the expiration of the license at least 60
days prior to the date of expiration.
A nursing home license may not be transferred.
Subd. 2. Relicensure
New license required; change of ownership. (a) The commissioner of health by
rule shall prescribe procedures for relicensure licensure under
this section. The commissioner of
health shall relicense a nursing home if the facility satisfies the
requirements for license renewal established by section 144A.05. A facility shall not be relicensed by the
commissioner if at the time of transfer there are any uncorrected violations. The commissioner
of health may temporarily waive correction of one or more violations if the
commissioner determines that:
(1)
temporary noncorrection of the violation will not create an imminent risk of
harm to a nursing home resident; and
(2) a controlling person on behalf of
all other controlling persons:
(i) has entered into a contract to
obtain the materials or labor necessary to correct the violation, but the
supplier or other contractor has failed to perform the terms of the contract
and the inability of the nursing home to correct the violation is due solely to
that failure; or
(ii) is otherwise making a
diligent good faith effort to correct the violation.
(b) A new license is required and the
prospective licensee must apply for a license prior to operating a currently
licensed nursing home. The licensee must
change whenever one of the following events occur:
(1) the form of the licensee's legal
entity structure is converted or changed to a different type of legal entity
structure;
(2) the licensee dissolves,
consolidates, or merges with another legal organization and the licensee's
legal organization does not survive;
(3) within the previous 24 months, 50
percent or more of the licensee's ownership interest is transferred, whether by
a single transaction or multiple transactions to:
(i) a different person; or
(ii)
a person who had less than a five percent ownership interest in the facility at
the time of the first transaction; or
(4) any other event or combination of
events that results in a substitution, elimination, or withdrawal of the
licensee's responsibility for the facility.
Subd. 3. Compliance. The commissioner must consult with the
commissioner of human services regarding the history of financial and cost
reporting compliance of the prospective licensee and prospective licensee's
financial operations in any nursing home that the prospective licensee or any
controlling person listed in the license application has had an interest in.
Subd. 4. Facility
operation. The current
licensee remains responsible for the operation of the nursing home until the
nursing home is licensed to the prospective licensee.
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 25. [144A.32]
CONSIDERATION OF APPLICATIONS.
(a) Before issuing a license or
renewing an existing license, the commissioner shall consider an applicant's
compliance history in providing care in a facility that provides care to
children, the elderly, ill individuals, or individuals with disabilities.
(b) The applicant's compliance history
shall include repeat violations, rule violations, and any license or
certification involuntarily suspended or terminated during an enforcement
process.
(c) The commissioner may deny, revoke,
suspend, restrict, or refuse to renew the license or impose conditions if:
(1) the applicant fails to provide
complete and accurate information on the application and the commissioner
concludes that the missing or corrected information is needed to determine if a
license is granted;
(2) the applicant, knowingly or with
reason to know, made a false statement of a material fact in an application for
the license or any data attached to the application or in any matter under
investigation by the department;
(3) the applicant refused to allow agents
of the commissioner to inspect the applicant's books, records, files related to
the license application, or any portion of the premises;
(4) the applicant willfully prevented, interfered with, or attempted to impede in any way:
(i) the work of any authorized representative of the commissioner, the ombudsman for long-term care, or the ombudsman for mental health and developmental disabilities; or
(ii) the duties of the commissioner,
local law enforcement, city or county attorneys, adult protection, county case
managers, or other local government personnel;
(5) the applicant has a history of
noncompliance with federal or state regulations that were detrimental to the
health, welfare, or safety of a resident or a client; or
(6) the applicant violates any
requirement in this chapter or chapter 256R.
(d) If a license is denied, the
applicant has the reconsideration rights available under chapter 14.
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 26. Minnesota Statutes 2020, section 144A.4799, subdivision 1, is amended to read:
Subdivision 1. Membership. The commissioner of health shall appoint eight
13 persons to a home care and assisted living program advisory council
consisting of the following:
(1) three two public members
as defined in section 214.02 who shall be persons who are currently receiving
home care services, persons who have received home care services within five
years of the application date, persons who have family members receiving home
care services, or persons who have family members who have received home care
services within five years of the application date;
(2) three two Minnesota home
care licensees representing basic and comprehensive levels of licensure who may
be a managerial official, an administrator, a supervising registered nurse, or
an unlicensed personnel performing home care tasks;
(3) one member representing the Minnesota Board of Nursing;
(4) one member representing the Office of
Ombudsman for Long-Term Care; and
(5) one member representing the Office
of Ombudsman for Mental Health and Developmental Disabilities;
(5) (6) beginning July 1,
2021, one member of a county health and human services or county adult
protection office.;
(7) two Minnesota assisted living
facility licensees representing assisted living facilities and assisted living
facilities with dementia care levels of licensure who may be the facility's
assisted living director, managerial official, or clinical nurse supervisor;
(8) one organization representing
long-term care providers, home care providers, and assisted living providers in
Minnesota; and
(9) two public members as defined in
section 214.02. One public member shall
be a person who either is or has been a resident in an assisted living facility
and one public member shall be a person who has or had a family member living
in an assisted living facility setting.
Sec. 27. Minnesota Statutes 2020, section 144A.4799, subdivision 3, is amended to read:
Subd. 3. Duties. (a) At the commissioner's request, the advisory council shall provide advice regarding regulations of Department of Health licensed assisted living and home care providers in this chapter, including advice on the following:
(1) community standards for home care practices;
(2) enforcement of licensing standards and whether certain disciplinary actions are appropriate;
(3) ways of distributing information to licensees and consumers of home care and assisted living services defined under chapter 144G;
(4) training standards;
(5) identifying emerging issues and opportunities in home care and assisted living services defined under chapter 144G;
(6) identifying the use of technology in home and telehealth capabilities;
(7) allowable home care licensing modifications and exemptions, including a method for an integrated license with an existing license for rural licensed nursing homes to provide limited home care services in an adjacent independent living apartment building owned by the licensed nursing home; and
(8) recommendations for studies using the data in section 62U.04, subdivision 4, including but not limited to studies concerning costs related to dementia and chronic disease among an elderly population over 60 and additional long-term care costs, as described in section 62U.10, subdivision 6.
(b) The advisory council shall perform other duties as directed by the commissioner.
(c) The advisory council shall annually make recommendations to the commissioner for the purposes in section 144A.474, subdivision 11, paragraph (i). The recommendations shall address ways the commissioner may improve protection of the public under existing statutes and laws and include but are not limited to projects that create and administer training of licensees and their employees to improve residents' lives, supporting ways that licensees can improve and enhance quality care and ways to provide technical assistance to licensees to improve compliance; information technology and data projects that analyze and communicate information about trends of violations or lead to ways of improving client care; communications strategies to licensees and the public; and other projects or pilots that benefit clients, families, and the public.
Sec. 28. Minnesota Statutes 2020, section 144A.75, subdivision 12, is amended to read:
Subd. 12. Palliative
care. "Palliative care"
means the total active care of patients whose disease is not responsive to
curative treatment. Control of pain, of
other symptoms, and of psychological, social, and spiritual problems is
paramount specialized medical care for people living with a serious
illness or life-limiting condition. This
type of care is focused on reducing the pain, symptoms, and stress of a serious
illness or condition. Palliative care is
a team-based approach to care, providing essential support at any age or stage
of a serious illness or condition, and is often provided together with curative
treatment. The goal of palliative
care is the achievement of the best quality of life for patients and their
families to improve quality of life for both the patient and the
patient's family or care partner.
Sec. 29. Minnesota Statutes 2020, section 144G.08, is amended by adding a subdivision to read:
Subd. 62a. Serious
injury. "Serious
injury" has the meaning given in section 245.91, subdivision 6.
Sec. 30. Minnesota Statutes 2020, section 144G.15, is amended to read:
144G.15
CONSIDERATION OF APPLICATIONS.
(a) Before issuing a provisional license or license or renewing a license, the commissioner shall consider an applicant's compliance history in providing care in this state or any other state in a facility that provides care to children, the elderly, ill individuals, or individuals with disabilities.
(b) The applicant's compliance history shall include repeat violation, rule violations, and any license or certification involuntarily suspended or terminated during an enforcement process.
(c) The commissioner may deny, revoke, suspend, restrict, or refuse to renew the license or impose conditions if:
(1) the applicant fails to provide complete and accurate information on the application and the commissioner concludes that the missing or corrected information is needed to determine if a license shall be granted;
(2) the applicant, knowingly or with reason to know, made a false statement of a material fact in an application for the license or any data attached to the application or in any matter under investigation by the department;
(3) the applicant refused to allow agents of the commissioner to inspect its books, records, and files related to the license application, or any portion of the premises;
(4) the applicant willfully prevented, interfered with, or attempted to impede in any way: (i) the work of any authorized representative of the commissioner, the ombudsman for long-term care, or the ombudsman for mental health and developmental disabilities; or (ii) the duties of the commissioner, local law enforcement, city or county attorneys, adult protection, county case managers, or other local government personnel;
(5) the applicant, owner, controlling individual, managerial official, or assisted living director for the facility has a history of noncompliance with federal or state regulations that were detrimental to the health, welfare, or safety of a resident or a client; or
(6) the applicant violates any requirement in this chapter.
(d) If a license is denied, the applicant has the reconsideration rights available under section 144G.16, subdivision 4.
Sec. 31. Minnesota Statutes 2020, section 144G.17, is amended to read:
144G.17
LICENSE RENEWAL.
A license that is not a provisional license may be renewed for a period of up to one year if the licensee:
(1) submits an application for renewal in the format provided by the commissioner at least 60 calendar days before expiration of the license;
(2) submits the renewal fee under section 144G.12, subdivision 3;
(3) submits the late fee under section 144G.12, subdivision 4, if the renewal application is received less than 30 days before the expiration date of the license or after the expiration of the license;
(4) provides information sufficient to
show that the applicant meets the requirements of licensure, including items
required under section 144G.12, subdivision 1; and
(5) provides information sufficient to
show the licensee provided assisted living services to at least one resident
during the immediately preceding license year and at the assisted living
facility listed on the license; and
(5) (6) provides any other
information deemed necessary by the commissioner.
Sec. 32. Minnesota Statutes 2020, section 144G.19, is amended by adding a subdivision to read:
Subd. 4. Change
of licensee. Notwithstanding
any other provision of law, a change of licensee under subdivision 2 does not
require the facility to meet the design requirements of section 144G.45,
subdivisions 4 to 6, or 144G.81, subdivision 3.
Sec. 33. Minnesota Statutes 2020, section 144G.20, subdivision 1, is amended to read:
Subdivision 1. Conditions. (a) The commissioner may refuse to grant a provisional license, refuse to grant a license as a result of a change in ownership, refuse to renew a license, suspend or revoke a license, or impose a conditional license if the owner, controlling individual, or employee of an assisted living facility:
(1) is in violation of, or during the term of the license has violated, any of the requirements in this chapter or adopted rules;
(2) permits, aids, or abets the commission of any illegal act in the provision of assisted living services;
(3) performs any act detrimental to the health, safety, and welfare of a resident;
(4) obtains the license by fraud or misrepresentation;
(5) knowingly makes a false statement of a material fact in the application for a license or in any other record or report required by this chapter;
(6) denies representatives of the department access to any part of the facility's books, records, files, or employees;
(7) interferes with or impedes a representative of the department in contacting the facility's residents;
(8) interferes with or impedes ombudsman access according to section 256.9742, subdivision 4, or interferes with or impedes access by the Office of Ombudsman for Mental Health and Developmental Disabilities according to section 245.94, subdivision 1;
(9) interferes with or impedes a representative of the department in the enforcement of this chapter or fails to fully cooperate with an inspection, survey, or investigation by the department;
(10) destroys or makes unavailable any records or other evidence relating to the assisted living facility's compliance with this chapter;
(11) refuses to initiate a background study under section 144.057 or 245A.04;
(12) fails to timely pay any fines assessed by the commissioner;
(13) violates any local, city, or township ordinance relating to housing or assisted living services;
(14) has repeated incidents of personnel performing services beyond their competency level; or
(15) has operated beyond the scope of the assisted living facility's license category.
(b) A violation by a contractor providing the assisted living services of the facility is a violation by the facility.
Sec. 34. Minnesota Statutes 2020, section 144G.20, subdivision 4, is amended to read:
Subd. 4. Mandatory revocation. Notwithstanding the provisions of subdivision 13, paragraph (a), the commissioner must revoke a license if a controlling individual of the facility is convicted of a felony or gross misdemeanor that relates to operation of the facility or directly affects resident safety or care. The commissioner shall notify the facility and the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health and Developmental Disabilities 30 calendar days in advance of the date of revocation.
Sec. 35. Minnesota Statutes 2020, section 144G.20, subdivision 5, is amended to read:
Subd. 5. Owners
and managerial officials; refusal to grant license. (a) The owners and managerial officials
of a facility whose Minnesota license has not been renewed or whose Minnesota
license in this state or any other state has been revoked because of
noncompliance with applicable laws or rules shall not be eligible to apply for
nor will be granted an assisted living facility license under this chapter or a
home care provider license under chapter 144A, or be given status as an
enrolled personal care assistance provider agency or personal care assistant by
the Department of Human Services under section 256B.0659, for five years
following the effective date of the nonrenewal or revocation. If the owners or managerial officials already
have enrollment status, the Department of Human Services shall terminate that
enrollment.
(b) The commissioner shall not issue a
license to a facility for five years following the effective date of license
nonrenewal or revocation if the owners or managerial officials, including any
individual who was an owner or managerial official of another licensed
provider, had a Minnesota license in this state or any other state
that was not renewed or was revoked as described in paragraph (a).
(c) Notwithstanding subdivision 1, the
commissioner shall not renew, or shall suspend or revoke, the license of a
facility that includes any individual as an owner or managerial official who
was an owner or managerial official of a facility whose Minnesota
license in this state or any other state was not renewed or was revoked
as described in paragraph (a) for five years following the effective date of
the nonrenewal or revocation.
(d) The commissioner shall notify the facility 30 calendar days in advance of the date of nonrenewal, suspension, or revocation of the license.
Sec. 36. Minnesota Statutes 2020, section 144G.20, subdivision 8, is amended to read:
Subd. 8. Controlling individual restrictions. (a) The commissioner has discretion to bar any controlling individual of a facility if the person was a controlling individual of any other nursing home, home care provider licensed under chapter 144A, or given status as an enrolled personal care assistance provider agency or personal care assistant by the Department of Human Services under section 256B.0659, or assisted living facility in the previous two-year period and:
(1) during that period of time the nursing home, home care provider licensed under chapter 144A, or given status as an enrolled personal care assistance provider agency or personal care assistant by the Department of Human Services under section 256B.0659, or assisted living facility incurred the following number of uncorrected or repeated violations:
(i) two or more repeated violations that created an imminent risk to direct resident care or safety; or
(ii) four or more uncorrected violations that created an imminent risk to direct resident care or safety; or
(2) during that period of time, was convicted of a felony or gross misdemeanor that related to the operation of the nursing home, home care provider licensed under chapter 144A, or given status as an enrolled personal care assistance provider agency or personal care assistant by the Department of Human Services under section 256B.0659, or assisted living facility, or directly affected resident safety or care.
(b) When the commissioner bars a controlling individual under this subdivision, the controlling individual may appeal the commissioner's decision under chapter 14.
Sec. 37. Minnesota Statutes 2020, section 144G.20, subdivision 9, is amended to read:
Subd. 9. Exception
to controlling individual restrictions. Subdivision
8 does not apply to any controlling individual of the facility who had no legal
authority to affect or change decisions related to the operation of the nursing
home or, assisted living facility, or home care that
incurred the uncorrected or repeated violations.
Sec. 38. Minnesota Statutes 2020, section 144G.20, subdivision 12, is amended to read:
Subd. 12. Notice
to residents. (a) Within five
business days after proceedings are initiated by the commissioner to revoke or
suspend a facility's license, or a decision by the commissioner not to renew a
living facility's license, the controlling individual of the facility or a
designee must provide to the commissioner and, the ombudsman for
long-term care, and the Office of Ombudsman for Mental Health and
Developmental Disabilities the names of residents and the names and
addresses of the residents' designated representatives and legal
representatives, and family or other contacts listed in the assisted living
contract.
(b) The controlling individual or designees of the facility must provide updated information each month until the proceeding is concluded. If the controlling individual or designee of the facility fails to provide the information within this time, the facility is subject to the issuance of:
(1) a correction order; and
(2) a penalty assessment by the commissioner in rule.
(c) Notwithstanding subdivisions 21 and 22, any correction order issued under this subdivision must require that the facility immediately comply with the request for information and that, as of the date of the issuance of the correction order, the facility shall forfeit to the state a $500 fine the first day of noncompliance and an increase in the $500 fine by $100 increments for each day the noncompliance continues.
(d) Information provided under
this subdivision may be used by the commissioner or, the
ombudsman for long‑term care, or the Office of Ombudsman for Mental
Health and Developmental Disabilities only for the purpose of providing
affected consumers information about the status of the proceedings.
(e) Within ten business days after the commissioner initiates proceedings to revoke, suspend, or not renew a facility license, the commissioner must send a written notice of the action and the process involved to each resident of the facility, legal representatives and designated representatives, and at the commissioner's discretion, additional resident contacts.
(f) The commissioner shall provide the ombudsman for long-term care and the Office of Ombudsman for Mental Health and Developmental Disabilities with monthly information on the department's actions and the status of the proceedings.
Sec. 39. Minnesota Statutes 2020, section 144G.20, subdivision 15, is amended to read:
Subd. 15. Plan
required. (a) The process of suspending,
revoking, or refusing to renew a license must include a plan for transferring
affected residents' cares to other providers by the facility. The commissioner shall monitor the transfer
plan. Within three calendar days of
being notified of the final revocation, refusal to renew, or suspension, the
licensee shall provide the commissioner, the lead agencies as defined in
section 256B.0911, county adult protection and case managers, and the
ombudsman for long-term care, and the Office of Ombudsman for Mental Health
and Developmental Disabilities with the following information:
(1) a list of all residents, including full names and all contact information on file;
(2) a list of the resident's legal representatives and designated representatives and family or other contacts listed in the assisted living contract, including full names and all contact information on file;
(3) the location or current residence of each resident;
(4) the payor sources for each resident, including payor source identification numbers; and
(5) for each resident, a copy of the resident's service plan and a list of the types of services being provided.
(b) The revocation, refusal to renew, or
suspension notification requirement is satisfied by mailing the notice to the
address in the license record. The
licensee shall cooperate with the commissioner and the lead agencies, county
adult protection and case managers, and the ombudsman for long-term care,
and the Office of Ombudsman for Mental Health and Developmental Disabilities
during the process of transferring care of residents to qualified providers. Within three calendar days of being notified
of the final revocation, refusal to renew, or suspension action, the facility
must notify and disclose to each of the residents, or the resident's legal and
designated representatives or emergency contact persons, that the commissioner
is taking action against the facility's license by providing a copy of the
revocation, refusal to renew, or suspension notice issued by the commissioner. If the facility does not comply with the
disclosure requirements in this section, the commissioner shall notify the
residents, legal and designated representatives, or emergency contact persons
about the actions being taken. Lead
agencies, county adult protection and case managers, and the Office of
Ombudsman for Long-Term Care may also provide this information. The revocation, refusal to renew, or
suspension notice is public data except for any private data contained therein.
(c) A facility subject to this subdivision may continue operating while residents are being transferred to other service providers.
Sec. 40. Minnesota Statutes 2020, section 144G.30, subdivision 5, is amended to read:
Subd. 5. Correction orders. (a) A correction order may be issued whenever the commissioner finds upon survey or during a complaint investigation that a facility, a managerial official, an agent of the facility, or an employee of the facility is not in compliance with this chapter. The correction order shall cite the specific statute and document areas of noncompliance and the time allowed for correction.
(b) The commissioner shall mail or email copies of any correction order to the facility within 30 calendar days after the survey exit date. A copy of each correction order and copies of any documentation supplied to the commissioner shall be kept on file by the facility and public documents shall be made available for viewing by any person upon request. Copies may be kept electronically.
(c) By the correction order date, the facility must document in the facility's records any action taken to comply with the correction order. The commissioner may request a copy of this documentation and the facility's action to respond to the correction order in future surveys, upon a complaint investigation, and as otherwise needed.
Sec. 41. Minnesota Statutes 2020, section 144G.31, subdivision 4, is amended to read:
Subd. 4. Fine amounts. (a) Fines and enforcement actions under this subdivision may be assessed based on the level and scope of the violations described in subdivisions 2 and 3 as follows and may be imposed immediately with no opportunity to correct the violation prior to imposition:
(1) Level 1, no fines or enforcement;
(2) Level 2, a fine of $500 per violation, in addition to any enforcement mechanism authorized in section 144G.20 for widespread violations;
(3) Level 3, a fine of $3,000 per
violation per incident, in addition to any enforcement mechanism
authorized in section 144G.20;
(4) Level 4, a fine of $5,000 per incident
violation, in addition to any enforcement mechanism authorized in
section 144G.20; and
(5) for maltreatment violations for which the licensee was determined to be responsible for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000 per incident. A fine of $5,000 per incident may be imposed if the commissioner determines the licensee is responsible for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury.
(b) When a fine is assessed against a facility for substantiated maltreatment, the commissioner shall not also impose an immediate fine under this chapter for the same circumstance.
Sec. 42. Minnesota Statutes 2020, section 144G.31, subdivision 8, is amended to read:
Subd. 8. Deposit
of fines. Fines collected under this
section shall be deposited in a dedicated special revenue account. On an annual basis, the balance in the
special revenue account shall be appropriated to the commissioner for special
projects to improve home care resident quality of care and outcomes
in assisted living facilities licensed under this chapter in Minnesota as
recommended by the advisory council established in section 144A.4799.
EFFECTIVE
DATE. This section is
effective retroactively for fines collected on or after August 1, 2021.
Sec. 43. Minnesota Statutes 2020, section 144G.41, subdivision 7, is amended to read:
Subd. 7. Resident
grievances; reporting maltreatment. All
facilities must post in a conspicuous place information about the facilities'
grievance procedure, and the name, telephone number, and email contact
information for the individuals who are responsible for handling resident
grievances. The notice must also have
the contact information for the state and applicable regional Office of
Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health and
Developmental Disabilities, and must have information for reporting suspected
maltreatment to the Minnesota Adult Abuse Reporting Center. The notice must also state that if an
individual has a complaint about the facility or person providing services, the
individual may contact the Office of Health Facility Complaints at the
Minnesota Department of Health.
Sec. 44. Minnesota Statutes 2020, section 144G.41, subdivision 8, is amended to read:
Subd. 8. Protecting resident rights. All facilities shall ensure that every resident has access to consumer advocacy or legal services by:
(1) providing names and contact information, including telephone numbers and email addresses of at least three organizations that provide advocacy or legal services to residents, one of which must include the designated protection and advocacy organization in Minnesota that provides advice and representation to individuals with disabilities;
(2) providing the name and contact
information for the Minnesota Office of Ombudsman for Long-Term Care and the
Office of Ombudsman for Mental Health and Developmental Disabilities,
including both the state and regional contact information;
(3) assisting residents in obtaining information on whether Medicare or medical assistance under chapter 256B will pay for services;
(4) making reasonable accommodations for people who have communication disabilities and those who speak a language other than English; and
(5) providing all information and notices in plain language and in terms the residents can understand.
Sec. 45. Minnesota Statutes 2020, section 144G.42, subdivision 10, is amended to read:
Subd. 10. Disaster planning and emergency preparedness plan. (a) The facility must meet the following requirements:
(1) have a written emergency disaster plan that contains a plan for evacuation, addresses elements of sheltering in place, identifies temporary relocation sites, and details staff assignments in the event of a disaster or an emergency;
(2) post an emergency disaster plan prominently;
(3) provide building emergency exit diagrams to all residents;
(4) post emergency exit diagrams on each floor; and
(5) have a written policy and procedure
regarding missing tenant residents.
(b) The facility must provide emergency and disaster training to all staff during the initial staff orientation and annually thereafter and must make emergency and disaster training annually available to all residents. Staff who have not received emergency and disaster training are allowed to work only when trained staff are also working on site.
(c) The facility must meet any additional requirements adopted in rule.
Sec. 46. Minnesota Statutes 2020, section 144G.50, subdivision 2, is amended to read:
Subd. 2. Contract
information. (a) The contract must
include in a conspicuous place and manner on the contract the legal name and
the license number health facility identification of the
facility.
(b) The contract must include the name, telephone number, and physical mailing address, which may not be a public or private post office box, of:
(1) the facility and contracted service provider when applicable;
(2) the licensee of the facility;
(3) the managing agent of the facility, if applicable; and
(4) the authorized agent for the facility.
(c) The contract must include:
(1) a disclosure of the category of assisted living facility license held by the facility and, if the facility is not an assisted living facility with dementia care, a disclosure that it does not hold an assisted living facility with dementia care license;
(2) a description of all the terms and conditions of the contract, including a description of and any limitations to the housing or assisted living services to be provided for the contracted amount;
(3) a delineation of the cost and nature of any other services to be provided for an additional fee;
(4) a delineation and description of any additional fees the resident may be required to pay if the resident's condition changes during the term of the contract;
(5) a delineation of the grounds under
which the resident may be discharged, evicted, or transferred or have housing
or services terminated or be subject to an emergency relocation;
(6) billing and payment procedures and requirements; and
(7) disclosure of the facility's ability to provide specialized diets.
(d) The contract must include a description of the facility's complaint resolution process available to residents, including the name and contact information of the person representing the facility who is designated to handle and resolve complaints.
(e) The contract must include a clear and conspi