STATE
OF MINNESOTA
Journal of the House
NINETY-FOURTH
SESSION - 2026
_____________________
SEVENTY-EIGHTH
LEGISLATIVE DAY
Saint Paul, Minnesota, Sunday, May 17, 2026
The House of Representatives convened at
1:00 p.m. and was called to order by María Isa Pérez-Vega, Speaker pro tempore.
The members of the House paused for a brief
meditation or moment of reflection.
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
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
A quorum was present.
Jones and Lee, K., were excused until 3:30
p.m.
Pursuant to Rule 10.05, relating to Remote
House Operations, the Speaker permitted the following member to vote via remote
means: Burkel.
Pursuant to Rule 10.05, relating to
Remote House Operations, the Speaker permitted the following member to vote via
remote means between the hours of 1:00 p.m. and 3:30 p.m.: Davis.
Pursuant to Rule 10.05, relating to Remote
House Operations, the DFL Caucus Leader permitted the following member to vote
via remote means between the hours of 1:00 p.m. and 11:05 p.m.: Momanyi-Hiltsley.
The Speaker assumed the Chair.
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. 4515 and
H. F. No. 4090, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Nash moved that
S. F. No. 4515 be substituted for H. F. No. 4090
and that the House File be indefinitely postponed. The motion prevailed.
SECOND READING
OF SENATE BILLS
S. F. No. 4515 was read for
the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Howard, Finke, Elkins, Mahamoud, Cha, Reyer, Bahner, Tabke,
Norris, Rehm and Rehrauer introduced:
H. F. No. 5156, A bill for an act relating to health care;
establishing prices for prescription drugs subject to the Medicare Drug Price
Negotiation Program; proposing coding for new law in Minnesota Statutes,
chapter 62Q.
The bill was read for the first time and referred to the
Committee on Health Finance and Policy.
Roach, Murphy, Dippel and Fogelman introduced:
H. F. No. 5157, A bill for an act relating to crime;
prohibiting the nonconsensual creation, possession, and dissemination of
nudification images; providing criminal penalties; proposing coding for new law
in Minnesota Statutes, chapter 617.
The bill was read for the first time and referred to the
Committee on Public Safety Finance and Policy.
Witte introduced:
H. F. No. 5158, A bill for an act relating to taxation;
local affordable housing aid; expanding eligible uses of aid; modifying the
deadline to spend aid on certain eligible uses; amending Minnesota Statutes
2024, section 477A.35, subdivisions 4, 6; Minnesota Statutes 2025 Supplement,
section 477A.35, subdivision 5.
The bill was read for the first time and referred to the
Committee on Taxes.
Falconer introduced:
H. F. No. 5159, A bill for an act relating to natural
resources; prohibiting nonferrous mining if sulfate levels increase in waters
within the Rainy River headwaters; establishing penalties; amending Minnesota
Statutes 2024, section 84.523; proposing coding for new law in Minnesota
Statutes, chapter 84.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources Finance and Policy.
Finke; Kraft; Coulter; Lee, K.; Falconer; Freiberg;
Kozlowski; Lillie and Momanyi-Hiltsley introduced:
H. F. No. 5160, A bill for an act relating to public safety;
regulating the ownership, possession, and sale of semiautomatic military-style
assault weapons and large-capacity magazines; modifying provisions for
possessing dangerous weapons in schools, negligently storing firearms, and
reporting on firearms discharge by law enforcement; reenacting the binary
trigger ban; criminalizing ghost guns; modifying and clarifying the extreme
risk protection order law; encouraging schools to implement local anonymous threat
reporting systems; modifying reimbursement rates for mental health providers in
the medical assistance program; requiring reports; providing criminal
penalties; appropriating money; amending Minnesota Statutes 2024, sections
609.66, subdivisions 1d, 1f; 609.666, subdivisions 1, 2; 624.712, subdivision
7, by adding a subdivision; 624.7131, by adding a subdivision; 624.7132,
subdivisions 3, 4, 5, 9, 10, 12, 15; 624.7134, subdivisions 2, 3, 4, 5;
624.7141, subdivisions 1, 2, 3; 624.7171, subdivisions 1, 4, 5; 624.7172;
624.7173; 624.7174; 624.7175; 624.7176, subdivisions 1, 2; 624.7177,
subdivision 2; 624.7178, subdivisions 1, 4; 626.553, subdivision 2; Minnesota
Statutes 2025 Supplement, sections 256B.761, by adding a subdivision; 624.7132,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters
121A; 624; repealing Minnesota Statutes 2024, sections 256B.0625, subdivision
38; 609.667.
The bill was read for the first time and referred to the
Committee on Public Safety Finance and Policy.
MESSAGES
FROM THE SENATE
The
following message was received from the Senate:
Madam Speaker:
Pursuant to Joint Rule 3.02(a), the Conference Committee on Senate File No. 2077 was discharged after adjournment on May 19, 2025, and the bill was laid on the table.
S. F. No. 2077, A bill for an act relating to state government; appropriating money for environment and natural resources; appropriating money from environment and natural resources trust fund; modifying prior appropriations; modifying fees and surcharges; modifying disposition of certain funds; modifying and establishing duties,
Senate File No. 2077 has been taken from the table and new conferees have been appointed.
Senators Hawj, Putnam and Lang have been appointed as such committee on the part of the Senate.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
Thomas S. Bottern, Secretary of the Senate
Heintzeman moved that the House accede to
the request of the Senate and that the Speaker appoint a Conference Committee
of 4 members of the House to meet with a like committee appointed by the Senate
on the disagreeing votes of the two houses on S. F. No. 2077,
which had been laid on the table pursuant to Joint Rule 3.02(a). The motion prevailed.
REPORTS
FROM THE COMMITTEE ON RULES
AND
LEGISLATIVE ADMINISTRATION
Niska and Long for the Committee on Rules
and Legislative Administration offered the following resolution and moved its
adoption:
Be it Resolved, by the Committee on
Rules and Legislative Administration, that the last elected Chief Clerk of the
House is appointed as acting Chief Clerk and is authorized to direct the
following actions and conduct other duties as necessary to maintain the orderly
administrative operations of the House of Representatives, beginning on January
4, 2027, and ending at such time as a new session of the House has convened,
elected officers, and become duly organized:
(1)
the appointment of all other last elected House officers who are not members of
the House, to serve as acting House officers and to perform the functions of
those officers until such time as successor officers are elected; and
(2)
the continuation of the appointment of any House employees employed as of
January 3, 2027, to continue their assigned duties; the appointment of any additional
employees subject to the mutual agreement of the designated leaders of the two
largest incoming caucuses; and the granting of administrative approval for the
processing of employee termination and leaves.
The motion prevailed and the resolution
was adopted.
Niska and Long for the Committee on Rules
and Legislative Administration offered the following resolution and moved its
adoption:
Be It Resolved, by the House of
Representatives of the State of Minnesota, that the Chief Clerk is directed to
correct and approve the Journal of the House for the last day of the 2026
Regular Session.
Be It Further Resolved that the
Chief Clerk is authorized to include in the Journal for the last day of the
2026 Regular Session any proceedings, including subsequent proceedings and any
legislative interim committees or commissions created or appointments made to
them by legislative action or by law.
The motion prevailed and the resolution
was adopted.
Niska and Long for the Committee on Rules
and Legislative Administration offered the following resolution and moved its
adoption:
Be It Resolved, by the House of
Representatives of the State of Minnesota, that during the time between
adjournment in 2026 and the convening of the House of Representatives in 2027,
the Chief Clerk and Chief Sergeant at Arms under the direction of the Speaker and
DFL Caucus Leader shall maintain House facilities in the Capitol Complex. The House chamber, retiring room, hearing and
conference rooms, and offices shall be set up and made ready for legislative
use and reserved for the House and its committees. Those rooms may be reserved for use by others
that are not in conflict with use by the House.
The House chamber, retiring room, and hearing rooms may be used by House
Educational Programs, YMCA Youth in Government, Girls' State, Young Leaders
Organization, and 4-H Leadership Conference.
Facilities in the Capitol Complex accessed
and utilized by the House of Representatives pursuant to agreements with the
Department of Administration or the Minnesota Senate shall by maintained in
accordance with those agreements.
The motion prevailed and the resolution
was adopted.
Niska and Long for the Committee on Rules
and Legislative Administration offered the following resolution and moved its
adoption:
Be It Resolved, by the House of
Representatives of the State of Minnesota, that it retains the use of parking
for members and employees of the House of Representatives during the time
between adjournment in 2026 and the convening of the House of Representatives
in 2027. The Sergeant at Arms is
directed to manage the use of parking while the House of Representatives is
adjourned. The Controller of the House
may continue to deduct from the check of any legislator or legislative employee
a sum adequate to cover the exercise of the parking privilege.
Parking in the Capitol Complex accessed
and utilized by the House of Representatives pursuant to agreements with the
Department of Administration shall be maintained in accordance with those
agreements.
The motion prevailed and the resolution
was adopted.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2077:
Heintzeman, McDonald, Vang and Fischer.
IN
MEMORIAM
The members of the House of
Representatives paused for a moment of silence in memory of former
Representative Michael "Mike" V. Nelson of Brooklyn Park, Minnesota
who served from 2003 to 2024, who passed away on Saturday, May 16, 2026.
MOTION TO
FIX TIME TO CONVENE
Niska moved that when the House adjourns
today it adjourn until 10:00 a.m., Monday, May 18, 2026. The motion prevailed.
Niska moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
CALENDAR FOR THE
DAY
S. F. No. 334, A bill for
an act relating to education; modifying professional development requirements
for Read Act implementation; amending Minnesota Statutes 2024, section
120B.123, subdivision 5.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The
bill was passed and its title agreed to.
S. F. No. 4401, A bill for
an act relating to cannabis; modifying cannabis business, hemp business, and
cannabis event organizer license and endorsement provisions; establishing a
cannabis macrobusiness license; modifying labeling requirements for cannabinoid
products and lower-potency hemp edibles; modifying studies and an annual market
analysis conducted by the Office of Cannabis Management; providing that data
reported to the Office of Cannabis Management through statewide monitoring system
is not public data; modifying provisions related to public data on cannabis
business license applicants and license holders; modifying provisions relating
to local unit of government's regulation of cannabis businesses; defining ratio
hemp-infused cannabis product; requiring reports; amending Minnesota Statutes
2024, sections 342.01, subdivisions 14, 20, 52, 54, by adding a subdivision;
342.02, subdivision 2; 342.07, subdivision 3; 342.09, subdivision 3; 342.15,
subdivisions 2, 5; 342.175; 342.19, subdivision 6; 342.20, subdivisions 1, 2,
3; 342.22, subdivisions 1, 4, 5; 342.23, subdivision 5; 342.25, subdivisions 1,
2, 3, 4, 5, 6, 7; 342.26, subdivisions 1, 2, 3, 4, 5; 342.27, subdivisions 1,
2, 6, 12, by adding a subdivision; 342.28, subdivisions 6, 7, 9, 11, by adding
subdivisions; 342.29, subdivisions 5, 6, 8, 8a, 10, by adding subdivisions;
342.30, subdivision 3, by adding a subdivision; 342.31, subdivisions 3, 5;
342.32, subdivision 3, by adding a subdivision; 342.35, subdivision 1; 342.37,
subdivision 1; 342.39, as amended; 342.40, subdivision 1; 342.41, subdivision
1; 342.44, subdivision 2; 342.45, subdivision 3; 342.51, by adding
subdivisions; 342.515, as amended; 342.61, subdivision 5; 342.63, subdivision
4, by adding a subdivision; 342.66, subdivision 3; 342.80; Minnesota Statutes
2025 Supplement, sections 342.01, subdivision 48; 342.04; 342.10; 342.11;
342.12; 342.13; 342.14, subdivisions 3, 6; 342.16; 342.18, subdivision 2;
342.22, subdivision 3; 342.28, subdivision 8; 342.29, subdivision 7; 342.30,
subdivision 1; 342.32, subdivision 1; 342.40, subdivision 7; 342.43,
subdivision 2; 342.44, subdivision 1; 342.46, subdivision 8; 342.51,
subdivision 2; 342.61, subdivision 4; 342.62, subdivision 2; 342.63,
subdivisions 2, 3, 5, 6; proposing coding for new law in Minnesota Statutes,
chapter 342; repealing Minnesota Statutes 2024, sections 151.72, subdivisions
1, 2, 4, 5, 5b, 5c, 6, 7; 342.51, subdivision 1; Minnesota Statutes 2025
Supplement, section 151.72, subdivisions 3, 5a.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 92 yeas and 42 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. E.
Bahner
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Nadeau
Niska
Noor
Norris
Pérez-Vega
Perryman
Pinto
Pursell
Rehm
Rehrauer
Repinski
Reyer
Rymer
Schomacker
Schwartz
Sencer-Mura
Skraba
Smith
Stephenson
Tabke
Vang
Virnig
Warwas
West
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Anderson, P. H.
Backer
Bakeberg
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Gander
Harder
Heintzeman
Hudson
Jacob
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Murphy
Myers
Nash
Nelson
Novotny
O'Driscoll
Olson
Quam
Rarick
Roach
Robbins
Schultz
Scott
Sexton
Stier
Swedzinski
Torkelson
Van Binsbergen
Wiener
Witte
The
bill was passed and its title agreed to.
S. F. No. 1943 was reported
to the House.
Schultz moved to amend S. F. No. 1943, the unofficial engrossment, as follows:
Page 53, after line 6, insert:
"Sec. 4. Minnesota Statutes 2024, section 103G.271, subdivision 4a, is amended to read:
Subd. 4a. Mt. Simon-Hinckley
aquifer. (a) Except as provided
under paragraphs (b) and (c), the commissioner may not issue new water-use
permits that will appropriate water from the Mt. Simon-Hinckley aquifer unless
the appropriation is for potable water use, there are no feasible or practical
alternatives to this source, and a water conservation plan is incorporated with
the permit.
(b) The commissioner may issue a new
water-use permit to appropriate water from the Mt. Simon-Hinckley aquifer
for a first priority water use as described in section 103G.261, paragraph (a),
clause (1), if:
(1) the commissioner determines that
there are no feasible or practical alternatives to this source;
(2) a water conservation plan that
incorporates best available water conservation technology and practices is
required in the permit; and
(3) the permit is consistent with the
requirements of sections 103G.255 to 103G.2991 and the general permit
requirements of sections 103G.301 and 103G.315, as applicable.
(c) The commissioner may issue a new
water-use permit to appropriate water from the Mt. Simon-Hinckley aquifer
for irrigation of a growing crop, if the requested appropriation is in Aitkin
County, Carlton County, Chisago County, Isanti County, Kanabec County, Mille
Lacs County, Pine County, or Sherburne County and:
(1) the commissioner determines that
there are no feasible or practical alternatives to this source;
(2) a water conservation plan that
incorporates best available water conservation technology and practices is
required in the permit;
(3) the commissioner requires the
installation and maintenance of monitoring equipment to evaluate water resource
impacts from the permitted appropriation under section 103G.282;
(4) the commissioner requires an
applicant to conduct an aquifer test as provided under section 103G.287;
(5) the permit is for the use of no
more than 50,000,000 gallons per year;
(6) the commissioner requires an
applicant to test the water for the presence of perfluoroalkyl and
polyfluoroalkyl substances, nitrates, and pesticides after a water-use permit
has been granted; and
(7) the permit is
consistent with the requirements of sections 103G.255 to 103G.2991 and the
general permit requirements of sections 103G.301 and 103G.315, as applicable.
(d) The permit applicant is responsible
for all costs related to the water quality testing required under paragraph
(c), clause (6).
(e) For the purpose of this section, "growing crop" means an agricultural, horticultural, or forest crop that has been planted or regularly maintained and intended for harvest. It does not mean a permanent pasture, hay meadow, woodlot, or other noncrop area that contains native or seeded perennial plants used for grazing or hay purposes and that is not harvested on a regular basis."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Schultz
amendment and the roll was called. There
were 67 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The
motion did not prevail and the amendment was not adopted.
Page 53, after line 6, insert:
"Sec. 4. Laws 2024, chapter 90, article 1, section 52, is amended to read:
Sec. 52. EFFECTIVE
DATE.
(a) Sections 1 to 51 4, 7,
10 to 12, 14 to 17, and 19 to 51, and the amendments to Minnesota Rules, parts
6100.5002, 6213.0100, 6213.0400, 6213.0500, 6232.0200, 6232.0300, 6232.0400,
6232.0500, 6232.0900, 6232.1250, 6232.1300, 6232.1600, 6232.1950, 6232.1970,
6232.1980, 6232.2550, 6232.2800, 6232.3100, 6232.4400, 6234.1600, 6234.1700,
6234.2000, 6234.2600, 6236.0300, 6236.0500, 6236.0950, 6237.0200, 6262.1000,
6262.3200, 6264.0400, and 6266.0700, and the repealer as adopted by the
commissioner of natural resources and published in the State Register, volume
49, page 1416, June 30, 2025, are effective upon full implementation of the
replacement electronic license, permits, and pass portions of the electronic
license system.
(b) Sections 5, 6, 8, 9, 13, and 18 are
effective upon full implementation of the vehicle registration portions of the
electronic license system.
(c) The commissioner of natural
resources must notify the revisor of statutes when the replacement
electronic license system is fully implemented. portions of the replacement electronic
licensing system governed by the sections and rule modifications described in
paragraph (a) are fully implemented and when the portions of the replacement
electronic licensing system governed by the sections described in paragraph (b)
are fully implemented."
Page 59, after line 20, insert:
"Sec. 15. APPROPRIATION
EXTENSION.
The appropriation in Laws 2024, chapter 116, article 1, section 3, subdivision 5, for an electronic licensing system is available until June 30, 2027."
Page 59, line 22, delete "13" and insert "15"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
S. F. No. 1943, A bill for
an act relating to commerce; prohibiting pet shops from selling cats and dogs;
amending Minnesota Statutes 2024, sections 325F.79; 325F.791, subdivisions 1,
5; 325F.792, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 325F.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 107 yeas and 27 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Anderson, P. E.
Bahner
Baker
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dippel
Dotseth
Duran
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Rehm
Rehrauer
Repinski
Reyer
Robbins
Schomacker
Schwartz
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Tabke
Torkelson
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. H.
Backer
Bakeberg
Bennett
Davis
Engen
Fogelman
Gordon
Harder
Jacob
Joy
Knudsen
Lawrence
Mekeland
Murphy
Quam
Rarick
Roach
Rymer
Schultz
Scott
Stier
Swedzinski
Van Binsbergen
Wiener
The
bill was passed, as amended, and its title agreed to.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM
THE SENATE
The
following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 4591, A bill for an act relating to state government; modifying eligibility for public television station block grants and noncommercial radio station grants; appropriating money; amending Minnesota Statutes 2024, sections 129D.13, subdivision 1; 129D.14, subdivision 3.
Thomas S. Bottern, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Nash moved that the House concur in the
Senate amendments to H. F. No. 4591 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 113 yeas and 20 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Schomacker
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Bennett
Davis
Dippel
Fogelman
Franson
Gander
Harder
Jacob
Joy
Knudsen
Lawrence
Murphy
Roach
Robbins
Rymer
Schultz
Stier
Van Binsbergen
Wiener
The bill was repassed, as amended by the
Senate, and its title agreed to.
Niska moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
MESSAGES FROM THE SENATE, Continued
The following
message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 3629, A bill for an act relating to state government; changing provisions for grants management; amending Minnesota Statutes 2024, sections 16B.97, subdivisions 4, 5; 16B.98, subdivision 11; 16B.991, subdivision 1.
Thomas S. Bottern, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Bahner moved that the House concur in the
Senate amendments to H. F. No. 3629 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 3629, A bill for an act relating to state government; changing provisions for grants management; amending Minnesota Statutes 2024, sections 16B.97, subdivisions 4, 5; 16B.98, subdivision 11; 16B.991, subdivision 1.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The bill was repassed, as amended by the
Senate, and its title agreed to.
There being no objection, the order of
business reverted to Introduction and First Reading of House Bills.
INTRODUCTION AND
FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Falconer; Acomb; Reyer; Fischer; Carroll; Coulter; Finke;
Kozlowski; Gomez; Curran; Rehm; Jones; Feist; Freiberg; Keeler; Hansen, R., and
Pursell introduced:
H. F. No. 5161, A bill for an act relating to pipelines;
prohibiting the issuance of a route permit for certain carbon dioxide
pipelines; amending Minnesota Statutes 2024, section 216G.025, subdivisions 1,
2.
The bill was read for the first time and referred to the
Committee on Energy Finance and Policy.
Falconer introduced:
H. F. No. 5162, A bill for an act relating to financial
institutions; limiting credit card annual percentage rates to ten percent;
amending Minnesota Statutes 2024, sections 47.59, subdivision 3; 48.185,
subdivision 3, by adding a subdivision; 52.14, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 52.
The bill was read for the first time and referred to the
Committee on Commerce Finance and Policy.
Niska moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
MOTIONS AND
RESOLUTIONS
MOTION TO TAKE
FROM THE TABLE
Niska moved that
H. F. No. 2133 be taken from the table.
A roll call was requested and properly
seconded.
The question was taken on the Niska motion
and the roll was called. There were 67
yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The
motion did not prevail.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 4188, A bill for an act relating to commerce; modifying various consumer protections for insurance and financial products; prohibiting virtual-currency kiosks; modifying various provisions governing securities broker-dealers and broker-dealers' agents; making technical changes to various provisions governed or administered by the Department of Commerce; modifying and adding provisions governing unclaimed property; providing
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Thomas S. Bottern, Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 4492, A bill for an act relating to veterans; establishing the Commanders Task Force; proposing coding for new law in Minnesota Statutes, chapter 197.
Thomas S. Bottern, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Bliss moved that the House concur in the
Senate amendments to H. F. No. 4492 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 4492, A bill for an act relating to veterans; establishing the Commanders Task Force; proposing coding for new law in Minnesota Statutes, chapter 197.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The bill was repassed, as amended by the
Senate, and its title agreed to.
Niska moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
MESSAGES FROM THE SENATE, Continued
The following
message was received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2077.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Thomas S. Bottern, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 2077
A bill for an act relating to state government; appropriating money for environment and natural resources; appropriating money from environment and natural resources trust fund; modifying prior appropriations; modifying fees and surcharges; modifying disposition of certain funds; modifying and establishing duties, authorities, and prohibitions regarding environment and natural resources; modifying and creating environment and natural
May 17, 2026
The Honorable Bobby Joe Champion
President of the Senate
The Honorable Lisa M. Demuth
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2077 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment and that S. F. No. 2077 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
OUTDOOR HERITAGE FUND
Section 1. APPROPRIATIONS.
The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the outdoor heritage fund for the fiscal
year indicated for each purpose. The
figures "2026" and "2027" used in this article mean that
the appropriations listed under them are available for the fiscal year ending
June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year
2027. "The biennium" is fiscal
years 2026 and 2027. The appropriations
in this article are onetime appropriations.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
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2026 |
2027 |
|
Sec. 2. OUTDOOR
HERITAGE FUND |
|
|
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|
|
Subdivision 1. Total
Appropriation |
|
$-0- |
|
$191,081,000 |
This appropriation is from
the outdoor heritage fund. The amounts
that may be spent for each purpose are specified in the following subdivisions.
|
Subd. 2. Prairies |
|
-0- |
|
36,387,000 |
(a) RIM Grasslands Reserve, Phase 7
$2,334,000 the second year
is to acquire permanent conservation easements and to restore and enhance
wildlife habitat. Of this amount,
$191,000 is to the commissioner of natural resources for an agreement with
Ducks Unlimited and $2,143,000 is to the Board of Water and Soil Resources. Of the amount to the Board of Water and Soil
Resources, up to $50,000 is to establish a monitoring and enforcement fund as
approved in the accomplishment plan and subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of
permanent conservation easements must be provided as part of the final report.
(b) Accelerating Wildlife Management Area Program,
Phase 18
$4,521,000 the second year
is to the commissioner of natural resources for an agreement with Pheasants
Forever to acquire in fee and to restore and enhance lands for wildlife
management area purposes under Minnesota Statutes, section 86A.05, subdivision 8. Subject to evaluation criteria in Minnesota
Rules, part 6136.0900, priority must be given to acquiring lands that are
eligible for the native prairie bank under Minnesota Statutes, section 84.96,
or lands adjacent to protected native prairie.
(c) DNR Wildlife Management Area and Scientific and Natural
Area Acquisition, Phase 18
$3,502,000 the second year
is to the commissioner of natural resources to acquire in fee and to restore
and enhance lands for wildlife management purposes under Minnesota Statutes,
section 86A.05, subdivision 8, and to acquire land in fee for scientific and
natural area purposes under Minnesota Statutes, section 86A.05, subdivision 5. Subject to evaluation criteria in Minnesota
Rules, part 6136.0900, priority must be given to acquiring lands that are
eligible for the native prairie bank under Minnesota Statutes, section 84.96,
or lands adjacent to protected native prairie.
(d) Martin County DNR WMA Acquisition, Phase 10
$3,017,000 the second year
is to the commissioner of natural resources for agreements to acquire land in
fee and to restore and enhance strategic prairie grassland, wetland, and other
wildlife habitat in Martin and Watonwan Counties for wildlife management area
purposes under Minnesota Statutes, section 86A.05, subdivision 8, as follows: $2,363,000 to Fox Lake Conservation League,
Inc.; $583,000 to Ducks Unlimited; and $71,000 to the Conservation Fund.
(e) Northern Tallgrass Prairie National Wildlife
Refuge, Phase 16
$3,087,000 the second year
is to the commissioner of natural resources for an agreement with The Nature
Conservancy, in cooperation with the United States Fish and Wildlife Service,
to acquire land in fee or permanent conservation easements and to restore and
enhance lands in the Northern Tallgrass Prairie Habitat Preservation Area in
western Minnesota to add to the Northern Tallgrass Prairie National Wildlife
Refuge. Subject to evaluation criteria
in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands
that are eligible for the native prairie bank under Minnesota Statutes, section
84.96, or lands adjacent to protected native prairie.
(f) Minnesota Prairie Recovery Program, Phase 15
$3,492,000 the second year
is to the commissioner of natural resources for an agreement with The Nature
Conservancy to acquire land in fee and to restore and enhance native prairie,
grasslands, wetlands, and savanna. Subject
to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be
given to acquiring lands that are eligible for the native prairie bank under
Minnesota Statutes, section 84.96, or lands adjacent to protected native
prairie. Annual income statements and
balance sheets for income and expenses from land acquired and held by The
Nature Conservancy with this appropriation must be submitted to the
Lessard-Sams Outdoor Heritage Council no later than 180 days after the The
Nature Conservancy's fiscal year closes.
(g) Prairie Chicken Habitat Partnership of Southern Red River
Valley, Phase 12
$3,094,000 the second year
is to the commissioner of natural resources for an agreement with Pheasants
Forever, in cooperation with the Minnesota Prairie Chicken Society, to acquire
land in fee and to restore and enhance lands in the southern Red River Valley
for wildlife management purposes under Minnesota Statutes, section 86A.05,
subdivision 8, or to be designated and managed as waterfowl production areas in
Minnesota, in cooperation with the United States Fish and Wildlife Service. Subject to evaluation criteria in Minnesota
Rules, part 6136.0900, priority must be given to acquiring lands that are
eligible for the native prairie bank under Minnesota Statutes, section 84.96,
or lands adjacent to protected native prairie.
(h) RIM Buffers for Wildlife and Water, Phase 12
$3,744,000 the second year
is to the Board of Water and Soil Resources to acquire permanent conservation
easements and restore habitat under Minnesota Statutes, section 103F.515, to
protect, restore, and enhance habitat by expanding the riparian
buffer
program under the clean water fund for additional wildlife benefits from
buffers on private land. Of this amount,
up to $60,000 is to establish a monitoring and enforcement fund as approved in
the accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17. Subdivision 8, paragraph
(b), does not apply to this project. A
list of permanent conservation easements must be provided as part of the final
report.
(i) Accelerating USFWS Habitat Conservation Easement Program,
Phase 6
$4,509,000 the second year
is to the commissioner of natural resources for agreements to restore and
enhance wetland and prairie habitat on habitat easements of the United States
Fish and Wildlife Service as follows: $3,019,000
to Ducks Unlimited and $1,490,000 to Pheasants Forever.
(j) DNR Grassland Enhancement, Phase 17
$2,139,000 the second year
is to the commissioner of natural resources to accelerate restoration and
enhancement of prairies, grasslands, and savannas in wildlife management areas;
in scientific and natural areas; in aquatic management areas; on lands in the
native prairie bank; in bluff prairies on state forest land in southeastern
Minnesota; and in waterfowl production areas and refuge lands of the United
States Fish and Wildlife Service.
(k) Enhanced Public Land - Grasslands, Phase 9
$2,948,000 the second year
is to the commissioner of natural resources for an agreement with Pheasants
Forever to enhance and restore grassland and wetland habitat on public lands in
the forest prairie transition, metro urban, and prairie ecoregions of Minnesota.
|
Subd. 3. Forests
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|
-0- |
|
36,939,000 |
(a) Northern Forests Legacy Project
$25,090,000 the second year
is to the commissioner of natural resources to acquire priority forest lands in
fee in St. Louis County as wildlife management areas, scientific and
natural areas, state forests, and county forests. Of this amount, $12,866,000 is for an
agreement with St. Louis County.
(b) Sand Lake and Seven Beavers Acquisition and Enhancement
$7,347,000 the second year
is to the commissioner of natural resources for an agreement with The Nature
Conservancy to acquire priority forest habitat lands in fee as The Nature
Conservancy lands, Rajala Woods Foundation lands, state forests,
and
county forests. For lands held in
perpetuity by The Nature Conservancy and Rajala Woods Foundation, annual income
statements and balance sheets for income and expenses from land acquired with
this appropriation must be submitted to the Lessard-Sams Outdoor Heritage Council
no later than 180 days after each organization's respective fiscal year closes.
(c) Hardwood Hills Habitat Conservation Program, Phase 3
$2,558,000 the second year
is to the commissioner of natural resources for agreements to acquire permanent
conservation easements and to restore and enhance forest habitats in the
hardwood hills ecological section of west-central Minnesota as follows: $90,000 to St. John's University,
$354,000 to Stearns Conservation District, and $2,114,000 to Minnesota Land
Trust. Of the amount to Minnesota Land
Trust, $252,000 is to establish a monitoring and enforcement fund as approved
in the accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17.
(d) DNR Forest Habitat Enhancement, Phase 6
$1,944,000 the second year
is to the commissioner of natural resources to restore and enhance forest
wildlife habitats on public lands throughout Minnesota.
|
Subd. 4. Wetlands
|
|
-0- |
|
33,188,000 |
(a) Accelerating Waterfowl Production Area Acquisition Program, Phase 18
$5,431,000 the second year
is to the commissioner of natural resources for an agreement with Pheasants
Forever, in cooperation with the United States Fish and Wildlife Service, to
acquire land in fee and to restore and enhance wetlands and grasslands to be
designated and managed as waterfowl production areas in Minnesota.
(b) RIM Wetlands - Restoring Most Productive Habitat in
Minnesota, Phase 15
$3,502,000 the second year
is to the Board of Water and Soil Resources to acquire permanent conservation
easements and to restore wetlands and native grassland habitat under Minnesota
Statutes, section 103F.515. Of this
amount, up to $60,000 is to establish a monitoring and enforcement fund as
approved in the accomplishment plan and subject to Minnesota Statutes, section
97A.056, subdivision 17. Subdivision 8,
paragraph (b), does not apply to this project.
A list of permanent conservation easements must be provided as part of
the final report.
(c) Shallow Lake and Wetland Protection and
Restoration Program, Phase 15
$6,087,000 the second year
is to the commissioner of natural resources for an agreement with Ducks
Unlimited to acquire land in fee for wildlife management purposes under
Minnesota Statutes, section 86A.05, subdivision 8, or to be designated and
managed as waterfowl production areas or national wildlife refuges in
Minnesota, in cooperation with the United States Fish and Wildlife Service, and
to restore and enhance prairie lands, wetlands, and land-buffering shallow
lakes.
(d) Wetland Habitat Protection and Restoration Program, Phase
11
$3,210,000 the second year
is to the commissioner of natural resources for an agreement with Minnesota
Land Trust to acquire permanent conservation easements and to restore and
enhance prairie, wetland, and other habitat on permanently protected conservation
easements in high-priority wetland habitat complexes in the prairie,
forest/prairie transition, and forest ecoregions. Of this amount, up to $140,000 is to
establish a monitoring and enforcement fund as approved in the accomplishment
plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
(e) Living Shallow Lakes and Wetlands Enhancement and
Restoration Initiative, Phase 12
$6,661,000 the second year
is to the commissioner of natural resources for an agreement with Ducks
Unlimited to restore and enhance shallow lakes and wetlands on public lands and
wetlands under permanent conservation easement for wildlife management.
(f) Talcot Lake
$1,000,000 the second year is to the commissioner of natural resources for the survey, design, engineering, and permitting of the Talcot Lake restoration and enhancement project in Cottonwood County.
(g) Roseau Lake Rehabilitation, Phase 3
$3,553,000 the second year
is to the commissioner of natural resources for an agreement with the Roseau
River Watershed District to restore and enhance the Roseau Lake and Roseau
River habitat complex in Roseau County. The
approved accomplishment plan must include an operational and management plan
for the Roseau Lake Rehabilitation Project.
The Roseau River Watershed District must submit to the Lessard-Sams
Outdoor Heritage Council progress reports and a final report that include
monitoring data related to water quantity and information about how flooding to
adjacent and downstream agricultural lands has been addressed. No money from this appropriation may be
expended:
(1)
before January 1, 2027; or
(2) during any period in
which a court order enjoining the project from moving forward is in effect.
(h) Shallow Lakes and Wetlands Enhancement, Phase 18
$3,744,000 the second year
is to the commissioner of natural resources to enhance and restore shallow
lakes and wetland habitat statewide.
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Subd. 5. Habitats
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-0- |
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82,408,000 |
(a) Riparian Habitat Protection in Kettle and Snake River
Watersheds, Phase 3
$1,137,000 the second year
is to the Board of Water and Soil Resources, in cooperation with the Pine
County Soil and Water Conservation District, to acquire permanent conservation
easements and restore high-quality forests, wetlands, and shoreline in the
Kettle and Snake River watersheds. Of
this amount, up to $70,000 is to establish a monitoring and enforcement fund as
approved in the accomplishment plan and subject to Minnesota Statutes, section
97A.056, subdivision 17. Subdivision 8,
paragraph (b), does not apply to this project.
A list of permanent conservation easements must be provided as part of
the final report.
(b) Cannon River Watershed Habitat Restoration and Protection
Program, Phase 15
$2,886,000 the second year
is to the commissioner of natural resources for agreements to acquire lands in
fee and to restore and enhance wildlife habitat in the Cannon River Watershed
as follows: $92,000 to Clean River
Partners and $2,794,000 to Trust for Public Land.
(c) DNR Aquatic Management Area Acquisition and Trout Stream
Easement Acquisition
$2,182,000 the second year
is to the commissioner of natural resources to acquire land in fee as aquatic
management areas and to acquire permanent conservation easements to protect
trout‑stream aquatic habitat. Of this
amount, up to $88,000 is to establish a monitoring and enforcement fund as
approved in the accomplishment plan and subject to Minnesota Statutes, section
97A.056, subdivision 17.
(d) Washington County Habitat Protection
and Enhancement Partnership, Phase 2
$2,812,000 the second year
is to the commissioner of natural resources for agreements to acquire permanent
conservation easements and to restore and enhance wildlife habitats in
Washington County as follows: $760,000
to Washington County and $2,052,000 to Minnesota Land Trust. Of the amount to Minnesota Land Trust,
$196,000 is to establish a monitoring and enforcement fund as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17.
(e) Fisheries Habitat Protection on Strategic North Central
Minnesota Lakes, Phase 12
$2,317,000 the second year
is to the commissioner of natural resources for an agreement with Northern
Waters Land Trust to acquire land in fee and to restore and enhance wildlife
habitat to sustain healthy fish habitat on coldwater lakes in Aitkin, Cass,
Crow Wing, and Hubbard Counties.
(f) Greenbelt, Phase 1
$1,467,000 the second year
is to the commissioner of natural resources for an agreement with Comfort
Lake-Forest Lake Watershed District to acquire land in fee and permanent
conservation easements and to restore and enhance wildlife habitat within the
Comfort Lake-Forest Lake Watershed District boundary.
(g) Integrating Habitat and Clean Water, Phase 4
$1,827,000 the second year
is to the Board of Water and Soil Resources to acquire permanent conservation
easements and to restore and enhance wildlife habitat identified under the One
Watershed, One Plan program for stacked benefit to wildlife and clean water. Of this amount, up to $40,000 is to establish
a monitoring and enforcement fund as approved in the accomplishment plan and
subject to Minnesota Statutes, section 97A.056, subdivision 17. A list of permanent conservation easements
must be provided as part of the final report.
(h) Metro Big Rivers, Phase 16
$6,776,000 the second year
is to the commissioner of natural resources for agreements to acquire land in
fee and to restore and enhance natural habitat systems associated with the
Mississippi, Minnesota, and St. Croix Rivers and their tributaries in the
metropolitan area as follows: $1,491,000
to Minnesota Valley National Wildlife Refuge Trust, Inc.; $892,000 to Friends
of the Mississippi River; $1,055,000 to Great River Greening; and $3,338,000 to
Trust for Public Land.
(i) Mississippi Headwaters Habitat Corridor
Project, Phase 10
$2,770,000 the second year
is to acquire lands in fee and permanent conservation easements and to restore
wildlife habitat in the Mississippi headwaters.
Of this amount, (1) $1,387,000 is to the commissioner of natural
resources for agreements as follows: $60,000
to the Mississippi Headwaters Board and $1,327,000 to Trust for Public Land;
and (2) $1,383,000 is to the Board of Water and Soil Resources, of which up to
$70,000 is to establish a monitoring and enforcement fund as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17. A list of permanent
conservation easements must be provided as part of the final report.
(j) Protecting Coldwater Fisheries on Minnesota's North
Shore, Phase 4
$1,695,000 the second year
is to the commissioner of natural resources for an agreement with Minnesota
Land Trust to acquire permanent conservation easements and to restore and
enhance wildlife habitat in priority coldwater tributaries to Lake Superior. Of this amount, up to $196,000 is to
establish a monitoring and enforcement fund as approved in the accomplishment
plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
(k) Protecting Minnesota's Lakes of Outstanding Biological
Significance, Phase 5
$2,983,000 the second year
is to the commissioner of natural resources for agreements to acquire land in
fee and permanent conservation easements and to restore and enhance lakes of
outstanding biological significance in northeast and north-central Minnesota. Of this amount, $1,612,000 is to the Northern
Waters Land Trust and $1,371,000 is to Minnesota Land Trust. Of the amount to Minnesota Land Trust, up to
$140,000 is to establish a monitoring and enforcement fund as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17.
(l) Red River Basin Riparian Habitat Program, Phase 2
$3,920,000 the second year
is to acquire permanent conservation easements to protect, restore, and enhance
stream and riparian habitat throughout the Red River watershed. Of this amount, $116,000 is to the
commissioner of natural resources for agreements with the Red River Watershed
Management Board and $3,804,000 is to the Board of Water and Soil Resources. Of the amount to the Board of Water and Soil
Resources, up to $250,000 is to establish a monitoring and enforcement fund as
approved in the accomplishment plan and subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of
permanent conservation easements must be provided as part of the final report.
(m) Shell Rock River Watershed Habitat
Restoration Program, Phase 15
$2,066,000 the second year
is to the commissioner of natural resources for an agreement with the Shell
Rock River Watershed District to acquire land in fee and to restore and enhance
habitat in the Shell Rock River watershed.
(n) Southeast Minnesota Protection and Restoration, Phase 14
$7,956,000 the second year
is to the commissioner of natural resources for agreements to acquire land in
fee and permanent conservation easements and to restore and enhance wildlife
habitat in southeast Minnesota. Of this
amount, $1,035,000 is to The Nature Conservancy, $5,825,000 is to Trust for
Public Land, and $1,096,000 is to Minnesota Land Trust. Of the amount to Minnesota Land Trust, up to
$140,000 is to establish a monitoring and enforcement fund as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17.
(o) St. Croix Watershed Habitat Protection and
Restoration, Phase 7
$3,859,000 the second year
is to the commissioner of natural resources for agreements to acquire land in
fee and acquire permanent conservation easements and to restore and enhance
natural habitat systems in the St. Croix River watershed as follows: $2,157,000 to Trust for Public Land, $130,000
to Wild Rivers Conservancy, and $1,572,000 to Minnesota Land Trust. Of the amount to Minnesota Land Trust, up to
$140,000 is to establish a monitoring and enforcement fund as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17.
(p) Upper Mississippi Flyway Habitat Conservation Program
$2,156,000 the second year
is to the commissioner of natural resources for an agreement with Minnesota
Land Trust to acquire permanent conservation easements and to restore and
enhance wetlands, stream corridors, and associated uplands in central Minnesota. Of this amount, up to $196,000 is to
establish a monitoring and enforcement fund as approved in the accomplishment
plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
(q) A River of Birds in the Sky: Conserving Minnesota's Flyway
$1,227,000 the second year
is to the commissioner of natural resources for an agreement with National
Audubon Society to restore and enhance priority wildlife habitat along the St. Croix,
Minnesota, and Mississippi river valleys.
(r) Bone Lake South, Phase 2
$1,432,000 the second year
is to the commissioner of natural resources for an agreement with Comfort
Lake-Forest Lake Watershed District to restore and enhance wildlife habitat in
the Bone Lake south habitat complex in Washington County.
(s) DNR Aquatic Habitat Restoration and
Enhancement, Phase 9
$6,517,000 the second year
is to the commissioner of natural resources to restore and enhance aquatic
habitat in degraded streams and aquatic management areas and to facilitate fish
passage throughout Minnesota.
(t) Little Cannon River Stream Habitat Restoration
$500,000 the second year is
to the commissioner of natural resources for agreements for survey, design,
engineering, and permitting of the Little Cannon River restoration and
enhancement project in Goodhue County as follows: $40,000 to Clean Rivers Partners, $10,000 to
Great River Greening, and $450,000 to Trout Unlimited.
(u) Mission Creek Watershed Connectivity
$1,296,000 the second year
is to the commissioner of natural resources to restore and enhance coldwater
stream habitat in the Mission Creek watershed in St. Louis County.
(v) Mud River Enhancement Project
$2,957,000 the second year
is to the commissioner of natural resources for an agreement with Red Lake
Watershed District to restore and enhance the Mud River habitat complex in
Marshall County.
(w) Oak Savanna Restoration for Living Landscapes
$1,702,000 the second year
is to the Board of Water and Soil Resources, in partnership with the Xerces
Society, to restore and enhance oak savanna and associated ecosystems on local
public and Tribal lands.
(x) Swift Coulee Channel Restoration and
Enhancement, Phase 2
$2,671,000 the second year
is to the commissioner of natural resources for an agreement with the
Middle-Snake-Tamarac Rivers Watershed District to restore and enhance priority
habitat associated with the Swift Coulee channel restoration in Marshall County.
(y) Woods Creek Restoration
$750,000 the second year is
to the commissioner of natural resources for an agreement with Cook County to
restore and enhance coldwater stream habitat in Woods Creek in Cook County.
(z) Minnesota Statewide Trout Habitat Enhancement and
Protection
$750,000 the second year is
to the commissioner of natural resources for an agreement with Trout Unlimited
for survey, design, engineering, and permitting of trout stream restoration and
enhancement projects throughout Minnesota.
(aa) Conservation Partners Legacy Grant Program: Metro Habitat
$13,797,000 the second year
is to the commissioner of natural resources for a program to provide
competitive matching grants of up to $500,000 to local, regional, state, and
national organizations for enhancing, restoring, or protecting forests,
wetlands, prairies, or habitat for fish, game, or wildlife in the seven-county
metropolitan area and cities with a population of 50,000 or more. Grants must not be made for activities
required to fulfill the duties of owners of lands subject to conservation
easements. Grants must not be made from
the appropriation in this paragraph for projects that have a total project cost
exceeding $1,000,000. Of the total
appropriation, $600,000 may be spent for personnel costs, outreach, and support
to first-time applicants and other direct and necessary administrative costs. Grantees may acquire land or interests in
land. Easements must be permanent. Grants may not be used to establish easement
stewardship accounts. The program must
require a match of at least ten percent from nonstate sources for all grants. The match may be cash or in-kind. For grant applications of $25,000 or less,
the commissioner must provide a separate, simplified application process. Notwithstanding Minnesota Statutes, section
97A.056, subdivision 19, land acquired by fee with money appropriated in this
paragraph is not required to be open to public taking of game. All restoration or enhancement projects must
be on land permanently protected by a permanent covenant ensuring perpetual
maintenance and protection of restored and enhanced habitat, by a conservation
easement, or by public ownership or in public waters as defined in Minnesota
Statutes, section 103G.005, subdivision 15.
Priority must be given to restoration and enhancement projects on public
lands. Minnesota Statutes, section
97A.056, subdivision 13, applies to grants awarded under this paragraph. This appropriation is available until June
30, 2029. No less than five percent of
the amount of each grant must be held back from reimbursement until the grant
recipient completes a grant accomplishment report by the deadline and in the
form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage
Council.
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Subd. 6. Administration |
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-0- |
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2,159,000 |
(a) Contract Management
$450,000 the second year is
to the commissioner of natural resources for contract management duties
assigned in this section. The
commissioner must provide an accomplishment plan in the form specified by the
Lessard-Sams Outdoor Heritage Council on expending this appropriation. The accomplishment plan must include a copy
of the grant contract template and reimbursement manual. No money may be expended before the
Lessard-Sams Outdoor Heritage Council approves the accomplishment plan. Money appropriated in this paragraph is
available until June 30, 2028.
(b) Core Functions in Partner-led OHF Land Acquisitions
$1,377,000 the second year
is to the commissioner of natural resources to administer the initial
development, restoration, and enhancement of land acquired in fee with money
appropriated from the outdoor heritage fund.
This appropriation may be used for land acquisition costs incurred by
the Department of Natural Resources as part of conveyance of parcels to the
department and initial development activities on fee title acquisitions. Money appropriated in this paragraph is
available until June 30, 2034.
(c) Technical Evaluation Panel
$192,000 the second year is
to the commissioner of natural resources for a technical evaluation panel to
conduct up to 20 restoration and enhancement evaluations under Minnesota
Statutes, section 97A.056, subdivision 10.
Money appropriated in this paragraph is available until June 30, 2028.
(d) Legislative Coordinating Commission
$140,000 the second year is
to the Legislative Coordinating Commission for administrative expenses of the
Lessard-Sams Outdoor Heritage Council and for compensating and reimbursing
expenses of council members. This
appropriation is in addition to the fiscal year 2027 appropriation in Laws
2025, chapter 36, article 1, section 2, subdivision 6, paragraph (b), and is
available until June 30, 2027. Minnesota
Statutes, section 16A.281, applies to this appropriation.
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Subd. 7. Availability
of Appropriation |
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(a) Money appropriated in
this section may not be spent on activities unless they are directly related to
and necessary for a specific appropriation and are specified in the
accomplishment plan approved by the Lessard-Sams Outdoor Heritage Council.
Money appropriated in this
section must not be spent on indirect costs or other institutional overhead
charges that are not directly related to and necessary for a specific
appropriation. Money appropriated for
fee title acquisition of land may be used to restore, enhance, and provide for
public use of the land acquired with the appropriation. Public-use facilities must have a minimal
impact on habitat in acquired lands.
(b) Money appropriated in
this section is available as follows:
(1) money appropriated to
acquire real property is available until June 30, 2030;
(2) money appropriated to
restore and enhance land acquired with an appropriation in this article is
available for four years after the acquisition date, with a maximum end date of
June 30, 2034;
(3) money appropriated to
restore and enhance other land is available until June 30, 2031;
(4) notwithstanding clauses
(1) to (3), money appropriated for a project that receives at least 15 percent
of its funding from federal funds is available until a date sufficient to match
the availability of federal funding to a maximum of six years if the federal
funding was confirmed and included in the original approved draft
accomplishment plan; and
(5) money appropriated for
other projects is available until the end of the fiscal year in which it is
appropriated.
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Subd. 8. Payment Conditions and Capital Equipment Expenditures |
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(a) All agreements referred
to in this section must be administered on a reimbursement basis unless
otherwise provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41, expenditures directly related to each
appropriation's purpose made on or after July 1, 2026, or the date of
accomplishment plan approval, whichever is later, are eligible for
reimbursement unless otherwise provided in this section. For the purposes of administering
appropriations and legislatively authorized agreements paid out of the outdoor
heritage fund, an expense must be considered reimbursable by the administering
agency when the recipient presents the agency with an invoice or a binding
agreement with the landowner and the recipient attests that the goods have been
received or the landowner agreement is binding.
Periodic reimbursement must be made upon receiving documentation that
the items articulated in the accomplishment plan approved by the Lessard-Sams
Outdoor Heritage Council have been achieved, including partial achievements as
evidenced by progress reports approved by the Lessard-Sams Outdoor Heritage
Council.
Reasonable
amounts may be advanced to projects to accommodate cash flow needs, support
future management of acquired lands, or match a federal share. The advances must be approved as part of the
accomplishment plan. Capital equipment
expenditures for specific items in excess of $10,000 must be itemized in and
approved as part of the accomplishment plan.
(b) Unless otherwise
provided, no money appropriated from the outdoor heritage fund in this article
may be used to acquire, restore, or enhance any real property unless the
specific acquisition, restoration, or enhancement is approved as part of the
accomplishment plan on the parcel list.
(c) Reimbursement of
eligible expenses must be submitted no later than 12 months after the approval
of the final report.
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Subd. 9. Mapping
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Each direct recipient of
money appropriated in this section, as well as each recipient of a grant
awarded according to this section, must provide geographic information to the
Lessard-Sams Outdoor Heritage Council for mapping any lands acquired in fee with
funds appropriated in this section and open to public taking of fish and game. The commissioner of natural resources must
include the lands acquired in fee with money appropriated in this section on
maps showing public recreation opportunities.
Maps must include information on and acknowledgment of the outdoor
heritage fund, including a notation of any restrictions.
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Subd. 10. Carryforward
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(a) The availability of the
appropriation for Laws 2021, First Special Session chapter 1, article 1,
section 2, subdivision 5, paragraph (l), St. Louis River Restoration
Initiative, Phase VIII, is extended to June 30, 2027.
(b) The availability of the
appropriation for Laws 2022, chapter 77, article 1, section 2, subdivision 5,
paragraph (u), Daylighting Phalen Creek, is extended to June 30, 2028.
EFFECTIVE DATE. Subdivision
10 is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2024, section 97A.056, subdivision 2, is amended to read:
Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
(1) two public members appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration;
(2) two public members appointed by the speaker of the house;
(4) two members of the senate appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration; and
(5) two members of the house of representatives appointed by the speaker of the house.
(b) Members appointed under paragraph (a) must not be registered lobbyists. In making appointments, the governor, senate Subcommittee on Committees of the Committee on Rules and Administration, and the speaker of the house shall consider geographic balance, gender, age, ethnicity, and varying interests including hunting and fishing. The governor's appointments to the council are subject to the advice and consent of the senate.
(c) Public members appointed under paragraph (a) shall have practical experience or expertise or demonstrated knowledge in the science, policy, or practice of restoring, protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife.
(d) Legislative members appointed under paragraph (a) shall include the chairs of the legislative committees with jurisdiction over environment and natural resources finance or their designee, one member from the minority party of the senate, and one member from the minority party of the house of representatives.
(e) Public members serve four-year terms. Appointed legislative members serve at the pleasure of the appointing authority. Public and legislative members continue to serve until their successors are appointed. Public members shall be initially appointed according to the following schedule of terms:
(1) two public members appointed by the governor for a term ending the first Monday in January 2011;
(2) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2011;
(3) one public member appointed by the speaker of the house for a term
ending the first Monday in January 2011;
(4) two public members appointed by the governor for a term ending the first Monday in January 2013;
(5) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2013; and
(6) one public member appointed by the speaker of the house for a term
ending the first Monday in January 2013.
(f) Terms, compensation, and
removal of public members are as provided in section 15.0575, except that a
public member may be compensated at the rate of up to $125 a day. A vacancy on the council may be filled by the
appointing authority for the remainder of the unexpired term. A public member of the council may not
serve more than eight years, except a public member may serve an additional six
months as necessary to fill a vacancy.
(g) Members shall elect a chair, vice-chair, secretary, and other officers as determined by the council. The chair may convene meetings as necessary to conduct the duties prescribed by this section.
(h) The Legislative
Coordinating Commission may appoint nonpartisan staff and contract with
consultants as necessary to support the functions of the council. The council has final approval authority for
the hiring of a candidate for executive director. Up to one percent of the money appropriated
from the fund may be used to pay for administrative expenses of the council and
for compensation and expense reimbursement of council members.
Subd. 2a. Administration;
executive director. (a) The
Legislative Coordinating Commission may appoint nonpartisan staff and contract
with consultants as necessary to support the functions of the council.
(b) The council has
final approval authority for hiring a candidate for executive director. Notwithstanding subdivision 5, a quorum of
the council may discuss, interview, and select candidates for executive
director in a meeting closed to the public.
(c) Up to one percent of
the money appropriated from the fund may be used to pay for administrative
expenses of the council and for compensation and expense reimbursement of
council members.
Sec. 5. Laws 2024, chapter 106, article 1, section 2, subdivision 5, is amended to read:
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Subd. 5. Habitats
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-0- |
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101,294,000 |
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(a) St. Croix Watershed Habitat Protection and Restoration, Phase 5 |
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$4,711,000 the second year is to the commissioner of natural resources for agreements to acquire land in fee and acquire permanent conservation easements and to restore and enhance natural habitat systems in the St. Croix River watershed as follows: $1,905,000 to Trust for Public Land; $110,000 to Wild Rivers Conservancy; and $2,696,000 to Minnesota Land Trust. Up to $224,000 to Minnesota Land Trust is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
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(b) Pine and Leech Watershed Targeted RIM Easement Permanent Land Protection, Phase 3 |
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$2,242,000 the second year is to the Board of Water and Soil Resources, in cooperation with the Crow Wing County Soil and Water Conservation District, to acquire permanent conservation easements of high-quality forest, wetland, and shoreline habitat. Up to $120,000 of the total amount is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. Subdivision 8, paragraph (b), does not apply to this project. A list of permanent conservation easements must be provided as part of the final report.
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(c) Protecting Minnesota's Lakes of Outstanding Biological Significance, Phase 3 |
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$3,321,000 the second year is to the commissioner of natural resources for agreements to acquire land in fee and permanent conservation easements and to restore and enhance lakes of outstanding biological significance in northeast and north-central Minnesota. Of this amount, $1,083,000 is to the Northern Waters
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(d) Shell Rock River Watershed Habitat Restoration Program, Phase 13 |
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$2,060,000 the second year is to the commissioner of natural resources for an agreement with the Shell Rock River Watershed District to acquire land in fee and restore and enhance habitat in the Shell Rock River watershed.
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(e) Cannon River Watershed Habitat Restoration and Protection Program, Phase 13 |
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$2,555,000 the second year is to the commissioner of natural resources for agreements to acquire lands in fee and restore and enhance wildlife habitat in the Cannon River watershed as follows: $54,000 to Clean River Partners; $888,000 to Great River Greening; and $1,613,000 to Trust for Public Land.
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(f) Mississippi Headwaters Habitat Corridor Project, Phase 8 |
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$2,706,000 the second year is to acquire lands in fee and permanent conservation easements and to restore wildlife habitat in the Mississippi headwaters. Of this amount:
(1) $1,706,000 is to the commissioner of natural resources for agreements as follows: $57,000 to the Mississippi Headwaters Board and $1,649,000 to Trust for Public Land; and
(2) $1,000,000 is to the Board of Water and Soil Resources, of which up to $100,000 is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
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(g) Fisheries Habitat Protection on Strategic North Central Minnesota Lakes, Phase 10 |
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$2,687,000 the second year is to the commissioner of natural resources for agreements to acquire land in fee and in permanent conservation easements and to restore and enhance wildlife habitat to sustain healthy fish habitat on coldwater lakes in Aitkin, Cass, Crow Wing, and Hubbard Counties as follows: $2,252,000 to Northern Waters Land Trust and $435,000 to Minnesota Land Trust. Up to $56,000 to Minnesota Land Trust is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
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(h) Red River Basin Riparian Habitat Program |
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$5,119,000 the second year is to acquire permanent conservation easements to protect, restore, and enhance stream and riparian habitat throughout the Red River watershed. Of this amount, $169,000 is to the commissioner of natural resources for an agreement with the Red River Watershed Management Board and $4,950,000 is to the Board of Water and Soil Resources. Up to $380,000 of the total amount is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. Subdivision 8, paragraph (b), does not apply to this project. A list of permanent conservation easements must be provided as part of the final report.
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(i) Resilient Habitat for Heritage Brook
Trout, Phase 2 |
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$2,486,000 the second year is to the commissioner of natural resources for agreements to acquire permanent conservation easements and to restore and enhance habitat in targeted watersheds of southeast Minnesota to improve heritage brook trout and coldwater aquatic communities. Of this amount, $400,000 is to The Nature Conservancy, $612,000 is to Trout Unlimited, and $1,474,000 is to Minnesota Land Trust. Up to $168,000 to Minnesota Land Trust is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
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(j) Southeast Minnesota Protection and Restoration, Phase 12 |
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$3,052,000 the second year is to the commissioner of natural resources for agreements to acquire lands in fee and permanent conservation easements and to restore and enhance wildlife habitat on public lands and permanent conservation easements in southeast Minnesota as follows: $970,000 to The Nature Conservancy, $964,000 to Trust for Public Land, and $1,118,000 to Minnesota Land Trust. Up to $112,000 to Minnesota Land Trust is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
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(k) Lower Wild Rice River Corridor Habitat Restoration, Phase 4 |
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$2,345,000 the second year is to acquire land in permanent conservation easement and to restore river and related habitat in the Wild Rice River corridor. Of this amount, $30,000 is to the commissioner of natural resources for an agreement with the Wild Rice Watershed District and $2,315,000 is to the Board of Water and Soil Resources. The Board of Water and Soil Resources may use up to $60,000 for establishing a monitoring and enforcement
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(l) DNR Wildlife Management Area and Scientific and Natural Area Acquisition, Phase 16 |
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$1,359,000 the second year is to the commissioner of natural resources to acquire in fee and restore and enhance lands for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, and to acquire land in fee for scientific and natural area purposes under Minnesota Statutes, section 86A.05, subdivision 5. Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.
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(m) Accelerating Habitat Conservation in Southwest Minnesota, Phase 3 |
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$2,872,000 the second year is to the commissioner of natural resources for an agreement with Minnesota Land Trust to acquire permanent conservation easements and to restore and enhance high-quality wildlife habitat in southwest Minnesota. Of this amount, up to $168,000 is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
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(n) Sauk River Watershed Habitat Protection and Restoration, Phase 5 |
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$3,965,000 the second year is to the commissioner of natural resources for agreements to acquire lands in fee and permanent conservation easements and restore and enhance wildlife habitat in the Sauk River watershed as follows: $375,000 to Great River Greening; $1,199,000 to Sauk River Watershed District; $1,192,000 to Pheasants Forever; and $1,199,000 to Minnesota Land Trust. Up to $168,000 to Minnesota Land Trust is to establish a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.
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(o) Metro Big Rivers, Phase 14 |
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$8,123,000 the second year is to the commissioner of natural resources for agreements to acquire land in fee and permanent conservation easements and to restore and enhance natural habitat systems associated with the Mississippi, Minnesota, and St. Croix Rivers and their tributaries within the metropolitan area as follows:
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(p) Anoka Sand Plain Habitat
Conservation, Phase 9 |
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$1,802,000 the second year is to the commissioner of natural resources for agreements to restore and enhance wildlife habitat on public lands and easements in the Anoka Sand Plain ecoregion and intersecting minor watersheds as follows: $1,508,000 to Great River Greening and $294,000 to Sherburne County.
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(q) DNR Aquatic Habitat Restoration and Enhancement, Phase 7 |
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$4,206,000 the second year is to the commissioner of natural resources to restore and enhance aquatic habitat in degraded streams and aquatic management areas and to facilitate fish passage.
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(r) Minnesota Statewide Trout Habitat
Enhancement |
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$2,308,000 the second year is to the commissioner of natural resources for an agreement with Trout Unlimited to restore and enhance habitat for trout and other species in and along coldwater rivers, lakes, and streams throughout Minnesota.
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(s) Knife River Habitat Rehabilitation,
Phase 7 |
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$1,572,000 the second year is to the commissioner of natural resources for an agreement with the Arrowhead Regional Development Commission, in cooperation with the Lake Superior Steelhead Association, to restore and enhance trout habitat in the Knife River watershed. If the Arrowhead Regional Development Commission declines to serve as the fiscal agent for the project, an alternative fiscal agent must be identified in the accomplishment plan for the project.
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(t) DNR St. Louis River Restoration
Initiative, Phase 11 |
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$2,163,000 the second year is to the commissioner of natural resources to restore and enhance priority aquatic, riparian, and forest habitats in the St. Louis River estuary. Of this amount, $716,000 is for an agreement with Minnesota Land Trust.
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(u) Roseau Lake Rehabilitation, Phase 2 |
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$3,054,000 the second year is to the commissioner of natural resources for an agreement with the Roseau River Watershed District to restore and enhance the Roseau Lake and Roseau River habitat complex in Roseau County, Minnesota.
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(v) Highbanks Ravine Bat Hibernaculum |
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$2,300,000 the second year is to the commissioner of natural resources for an agreement with the city of St. Cloud to enhance the Highbanks Ravine Bat Hibernaculum in St. Cloud.
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(w) Owámniyomni Native Landscape and River Restoration, St. Anthony Falls |
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$1,918,000 the second year is to the commissioner of natural resources for an agreement with Friends of the Falls to restore and enhance wildlife habitat at Upper St. Anthony Falls. This appropriation may only be spent for site grading, oak savanna, and aquatic habitat portions of the project.
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(x) Silver Lake Dam Fish Passage
Modification |
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$2,368,000 the second year is to the commissioner of natural resources for an agreement with the city of Rochester to restore and enhance aquatic habitat in Silver Lake and the south fork of the Zumbro River by modifying the existing low-head dam in Rochester.
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(y) Little Devil Track River Restoration |
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$3,000,000 the second year is to the commissioner of natural resources for an agreement with Cook County to restore and enhance stream habitat in the Little Devil Track River.
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(z) Conservation Partners Legacy Grant Program: Statewide and Metro Habitat, Phase 16 |
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$15,000,000 the second year is to the commissioner of natural resources for a program to provide competitive matching grants of up to $500,000 to local, regional, state, and national organizations for enhancing, restoring, or protecting forests, wetlands, prairies, or habitat for fish, game, or wildlife in Minnesota. Unless there are not enough eligible grant applications received, of this amount, at least $4,000,000 is for grants in the seven-county metropolitan area and cities with a population of 50,000 or more and at least $4,000,000 is for grants to applicants that have not previously applied for money from the outdoor heritage fund. Grants must not be made for activities required to fulfill the duties of owners of lands subject to conservation easements. Grants must not be made
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(aa) Protecting Upper Mississippi River from Invasive Carp |
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$12,000,000 the second year is
to the commissioner of natural resources to fund activities to protect the
upper Mississippi River from invasive carp.
Activities within this appropriation include agreements with federal
partners, such as the United States Fish and Wildlife Service, to design,
construct, and begin operating and maintaining a structural deterrent for
invasive carp at Lock and Dam No. 5 on the Mississippi River to protect
Minnesota's aquatic habitat through an adaptive management approach. Deterrent design must be fully completed within
two years of the date of this appropriation by June 30, 2027. Deterrent installation must be completed by
June 30, 2029. Money not spent or
obligated for design installation and operation of the deterrent may be used
for testing technologies to support the future effectiveness of the deterrent. A detailed accomplishment plan must be
submitted to and approved by the Lessard-Sams Outdoor Heritage Council before
money is released. This appropriation is
available until June 30, 2029.
Section 3 is effective July
1, 2026, and applies to appointments of public members of the Lessard-Sams
Outdoor Heritage Council made on or after that date. Years served on the council before July 1,
2026, count toward the limits imposed by section 3. Members appointed before July 1, 2026, may
serve out the remainder of their terms if their service has exceeded the term
limits imposed by section 3.
ARTICLE 2
PARKS AND TRAILS FUND
Section 1. Minnesota Statutes 2024, section 85.536, subdivision 5, is amended to read:
Subd. 5. Districts; plans and hearings. (a) The commissioner of natural resources, in consultation with the Greater Minnesota Regional Parks and Trails Coalition, shall establish six regional parks and trails districts in the state encompassing the area outside the seven-county metropolitan area. The commissioner shall establish districts by combining counties and may not assign a county to more than one district.
(b) The commission shall develop a strategic plan and criteria for determining parks and trails of regional significance that are eligible for funding from the parks and trails fund and meet the criteria under subdivision 6.
(c) Counties within each
district may jointly prepare, after consultation with all affected
municipalities, and submit to the commission, and from time to time revise and
resubmit to the commission, a master plan for the acquisition and development
of parks and trails of regional significance located within the district. Districtwide plans and master plans for
individual parks and trails must meet the protocols and criteria as set forth
in the greater Minnesota regional parks and trails strategic plan. The counties, after consultation with the
commission, shall jointly hold a public hearing on the proposed plan and budget
at a time and place determined by the counties.
Not less than 15 days before the hearing, the counties shall provide
notice of the hearing stating the date, time, and place of the hearing and the
place where the proposed plan and budget may be examined by any interested
person. At any hearing, interested
persons shall be permitted to present their views on the plan and budget.
(d) The commission shall review each master plan to determine whether it meets the conditions of subdivision 6. If it does not, the commission shall return the plan with its comments to the district for revision and resubmittal.
Sec. 2. Minnesota Statutes 2024, section 85.536, subdivision 7, is amended to read:
Subd. 7. Recommendations. (a) In recommending grants under this section, the commission shall make recommendations consistent with master plans.
(b) The commission shall determine recommended grant amounts through an adopted merit-based evaluation process that includes the level of local financial support. The evaluation process is not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.
(c) When recommending grants, the commission shall consider balance of the grant benefits across greater Minnesota.
(d) Grants may be
recommended only for parks and trails projects included in a plan
approved by the commission under subdivision 5.
Sec. 3. Minnesota Statutes 2024, section 85.536, subdivision 8, is amended to read:
Subd. 8. Chair. The commission shall annually biennially
elect from among its members a chair and other officers necessary for the
performance of its duties.
Subd. 10. Report. The commission shall submit a report by
January 15 each year listing its recommendations by regional parks and
trails district under subdivision 7, in priority order, to the
chairs and ranking minority members of the committees of the senate and house
of representatives with primary jurisdiction over legacy appropriations.
Sec. 5. PARKS
AND TRAILS FUND APPROPRIATION EXTENSIONS.
(a) The availability of
the grant to the St. Louis and Lake Counties Regional Railroad Authority
for the Mesabi Trail project from the parks and trails fund fiscal year 2024
appropriation under Laws 2023, chapter 40, article 3, section 3, paragraph (c),
is extended to June 30, 2027.
(b) The availability of
the grant to Olmsted County for the Oxbow Park and Zollman Zoo project from the
parks and trails fund fiscal year 2024 appropriation under Laws 2023, chapter
40, article 3, section 3, paragraph (c), is extended to June 30, 2027.
(c) The availability of
the grant to Stearns County for the Kraemer Lake and Wildwood County Park
project from the parks and trails fund fiscal year 2024 appropriation under
Laws 2023, chapter 40, article 3, section 3, paragraph (c), is extended to June
30, 2027.
(d) The availability of
the grant to Redwood County for the Plum Creek Park project from the parks and
trails fund fiscal year 2024 appropriation under Laws 2023, chapter 40, article
3, section 3, paragraph (c), is extended to June 30, 2027.
(e) The availability of
the grant to the city of Sandstone for the Robinson Quarry Park project from
the parks and trails fund fiscal year 2025 appropriation under Laws 2023,
chapter 40, article 3, section 3, paragraph (c), is extended to June 30, 2028.
(f) The availability of
the appropriations for coordination and projects between partners from the
parks and trails fund in fiscal years 2024 and 2025 under Laws 2023, chapter
40, article 3, section 3, paragraph (f), is extended to June 30, 2028.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 6. REPEALER.
Minnesota Statutes 2024,
section 85.536, subdivisions 3 and 4, are repealed.
ARTICLE 3
ARTS AND CULTURAL HERITAGE FUND
Section 1. Laws 2023, chapter 40, article 4, section 2, subdivision 6, as amended by Laws 2025, chapter 36, article 4, section 15, is amended to read:
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Subd. 6. Department
of Administration |
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17,040,000 |
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14,105,000 |
(a) The amounts in this subdivision are appropriated to the commissioner of administration for grants to the named organizations for the purposes specified in this subdivision. The commissioner of administration may use a portion of this appropriation for costs that are directly related to and necessary for the administration of grants in this subdivision.
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(c) Minnesota Public Radio |
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$2,050,000 each year is for Minnesota Public Radio to create programming and expand news service on Minnesota's cultural heritage and history.
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(d) Association of Minnesota Public Educational Radio Stations |
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$2,050,000 the first year and $2,050,000 the second year are to the Association of Minnesota Public Educational Radio Stations for production and acquisition grants in accordance with Minnesota Statutes, section 129D.19.
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(e) Public Television |
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$5,000,000 the first year and $4,500,000 the second year are to the Minnesota Public Television Association for production and acquisition grants according to Minnesota Statutes, section 129D.18. Of the amount in the first year, $1,000,000 is for producing Minnesota military and veterans' history stories and unique immigrant stories from around the state.
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(f) Wilderness Inquiry |
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$500,000 the first year and $600,000 the second year are to Wilderness Inquiry to preserve Minnesota's outdoor history, culture, and heritage by connecting Minnesota youth and families to natural resources.
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(g) Como Park Zoo |
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$1,725,000 each year is to the Como Park Zoo and Conservatory for program development that features educational programs and habitat enhancement, special exhibits, music appreciation programs, and historical garden access and preservation.
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(h) Science Museum of Minnesota |
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$825,000 each year is to the Science Museum of Minnesota for arts, arts education, and arts access and to preserve Minnesota's history and cultural heritage, including student and teacher outreach, statewide educational initiatives, and community-based exhibits that preserve Minnesota's history and cultural heritage.
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(i) Appetite for Change |
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$200,000 the first year is to the nonprofit Appetite for Change for the Community Cooks programming, which will preserve the cultural heritage of growing and cooking food in Minnesota.
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(j) Lake Superior Zoo |
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$150,000 each year is to the Lake Superior Zoo to develop educational exhibits and programs.
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(k) Great Lakes Aquarium |
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$250,000 each year is to the Lake Superior Center Authority to prepare, fabricate, and install a hands-on exhibit with interactive learning components to educate Minnesotans on the history of the natural landscape of the state.
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(l) State Band |
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$25,000 the first year and $25,000 the second year are to the Minnesota state band to provide free concerts throughout the state.
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(m) Veterans Memorial Park in Wyoming |
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$100,000 the first year is for a grant to the city of Wyoming to build the Veterans Memorial Plaza and related interpretive walk in Railroad Park.
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(n) Great Northern Festival |
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$75,000 the first year and $75,000 the second year are for a grant to support the Great Northern Festival, which connects attendees to parks, outdoor spaces, and cultural venues through a festival.
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(o) Governor's Council on Developmental
Disabilities |
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$50,000 the first year is to the Minnesota Governor's Council on Developmental Disabilities to continue to preserve and raise awareness of the history of Minnesotans with developmental disabilities.
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(p) Minnesota Council on Disability |
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$125,000 the first year and $125,000 the second year are to the Minnesota Council on Disability to provide educational opportunities in the arts, history, and cultural heritage of Minnesotans with disabilities in conjunction with the 50th anniversary of the Minnesota Council on Disability. This appropriation is available until June 30, 2027.
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(q) Keller Regional Park |
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$500,000 the first year is for a grant to Ramsey County to preserve Minnesota's cultural heritage by enhancing the tuj lub courts at Keller Regional Park.
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(r) Vietnam War Anniversary |
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$250,000 the first year is for a grant to the commissioner of veterans affairs to prepare and host a commemoration program for the 50th anniversary of the Vietnam War.
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(s) St. Paul Cultural Art Installation |
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$500,000 the first year is for
a grant to Forecast Public Art for an the city of St. Paul for a
public art installation celebrating Olympic gold medalist Suni Lee. The project funded by this paragraph must be
located in St. Paul at the Conway Recreation Center or, if that site is
not practicable, at Lake Phalen at the platform containing the bust of Suni Lee. This appropriation is available until June
30, 2027 2028.
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(t) One Heartland Center |
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$50,000 each year is for a grant to One Heartland Center for programming and outdoor activities for families and youth in Minnesota.
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(u) Forest Lake Veterans Memorial |
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$100,000 the first year is for a grant to the Forest Lake Veterans Memorial Committee to construct a memorial to veterans of the United States armed forces at Lakeside Memorial Park in the city of Forest Lake. This appropriation is available until June 30, 2027.
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(v) Hmong Plaza |
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$450,000 the first year is for a grant to the city of St. Paul to construct the Hmong Plaza at Phalen Lake.
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(w) Camille Gage Artist Fellowship |
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$55,000 the first year and $55,000 the second year are for a grant to YWCA Minneapolis to fund an annual fellowship to be known as the Camille J. Gage Artist Fellowship. Of this amount, up to $5,000 each year may be used for administrative expenses. YWCA Minneapolis must select a person for the Camille J. Gage Artist Fellowship after an application process that allows both applications by interested persons and nominations of persons by third parties. By October 1, 2026, YWCA Minneapolis must report to the chairs and ranking minority members of the
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(x) Minnesota African American Heritage Museum and Gallery |
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$235,000 the first year and $125,000 the second year are for arts and cultural heritage programming celebrating African American and Black communities in Minnesota. Of the amount in the first year, $110,000 is for C. Caldwell Fine Arts for an outdoor mural project in North Minneapolis to work with young people to develop skills while using art as the impetus.
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(y) Tibetan American Foundation of Minnesota |
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$25,000 the first year and $25,000 the second year are for a grant to the Tibetan American Foundation of Minnesota to celebrate and teach the art, culture, and heritage of Tibetan Americans in Minnesota.
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(z) Hong De Wu Guan |
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$25,000 the first year is for a grant to Hong De Wu Guan to create cultural arts projects like Lion Dance for after-school programs for youth.
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(aa) Sepak Takraw of USA |
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$50,000 the first year is for a grant to the Sepak Takraw of USA to work with youth and after-school programs in the community to teach the cultural games of tuj lub and sepak takraw. This appropriation may not be used to hold events.
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(bb) 30,000 Feet |
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$75,000 the first year and $75,000 the second year are for a grant to 30,000 Feet, a nonprofit organization, to help youth and community artists further develop their artistic skills, to create community art and artistic performances, and to promote and share African American history and culture through the arts.
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(cc) Siengkane Lao Minnesota |
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$50,000 the first year and $50,000 the second year are for a grant to Siengkane Lao MN to create cultural arts projects and to preserve traditional performances.
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(dd) Hmong Cultural Center |
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$150,000 the first year and $150,000 the second year are for a grant to the Hmong Cultural Center of Minnesota for museum‑related programming and educational outreach activities to teach the public about the historical, cultural, and folk arts heritage of Hmong Minnesotans.
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(ee) Comunidades Latinas Unidas En Servicio |
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$250,000 the first year and $250,000 the second year are for a grant to Comunidades Latinas Unidas En Servicio (CLUES) to expand arts programming to celebrate Latino cultural heritage; support local artists; and provide professional development, networking, and presentation opportunities.
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(ff) Hmong RPA Writing System |
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$300,000 the first year and $300,000 the second year are for grants to recipients who have demonstrated knowledge and interest in preserving Hmong culture to preserve Hmong Minnesotans' heritage, history, language, and culture. Grants must be used in conjunction with Minnesota universities to improve and develop a unified and standardized Latin alphabet form of the Hmong RPA writing system. No portion of this appropriation may be used to encourage religious membership or to conduct personal ceremonies or events. This appropriation is available until June 30, 2028.
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(gg) Somali Museum of Minnesota |
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$125,000 the first year and $125,000 the second year are for a grant to the Somali Museum of Minnesota for heritage arts and cultural vitality programs to provide classes, exhibits, presentations, and outreach about the Somali community and heritage in Minnesota.
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(hh) Minnesota Museum of American Art |
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$200,000 the first year and $200,000 the second year are for a grant to the Minnesota Museum of American Art for exhibit programming and for a Native American Fellowship at the museum.
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(ii) Fanka Programs |
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$250,000 the first year and $250,000 the second year are for a grant to Ka Joog statewide Somali-based collaborative programs for arts and cultural heritage. The funding must be used for Fanka programs to provide arts education and workshops, mentor programs, and community presentations and community engagement events throughout Minnesota.
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(jj) The Bakken Museum |
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$150,000 the first year is for a grant to The Bakken Museum for interactive exhibits and outreach programs on arts and cultural heritage.
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(kk) 4-H Shooting Sports |
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$50,000 the first year is to the University of Minnesota Extension Office to provide grants to Minnesota 4-H chapters that have members participating in state and national 4-H-sanctioned shooting sports events. Eligible costs for grant money include shooting sports equipment and supplies and event fees associated with participating in state shooting sports events.
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(ll) Public Art Saint Paul |
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$75,000 each year is for a grant to Public Art Saint Paul for art programming at the Wakpa Triennial Art Festival to showcase new art across the Twin Cities by Minnesota artists in outdoor and indoor settings and to encourage visitors to experience the arts and culture produced by local arts and culture organizations.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 4
STATE LANDS
Section 1. Minnesota Statutes 2024, section 84.0272, subdivision 1, is amended to read:
Subdivision 1. Acquisition
procedure. When the commissioner of
natural resources is authorized to acquire lands or interests in lands fee
title or an easement interest in land, the procedure set forth in this
section shall apply applies.
The commissioner of natural resources shall first prepare a fact sheet
showing the lands to be acquired, the legal authority for their acquisition,
and the qualities of the land that make it a desirable acquisition. The commissioner of natural resources shall
cause the lands to be appraised. An
appraiser shall before entering upon the duties of office take and subscribe an
oath to faithfully and impartially discharge the duties as appraiser according
to the best of the appraiser's ability and that the appraiser is not interested
directly or indirectly in any of the lands to be appraised or the timber or
improvements thereon or in the sale thereof and has entered into no agreement
or combination to purchase the same or any part thereof, which oath shall be
attached to the report of the appraisal.
The commissioner of natural resources may pay less than the appraised
value, but shall not agree to pay more than ten percent above the appraised
value, except that if the commissioner pays less than the appraised value for a
parcel of land, the difference between the purchase price and the appraised
value may be used to apply to purchases at more than the appraised value. The sum of accumulated differences between
appraised amounts and purchases for more than the appraised amount may not
exceed the sum of accumulated differences between appraised amounts and
purchases for less than the appraised amount.
New appraisals may be made at the discretion of the commissioner of
natural resources.
Sec. 2. Minnesota Statutes 2024, section 84.0272, subdivision 2, is amended to read:
Subd. 2. Stream
easements. (a) Notwithstanding
subdivision 1, the commissioner may acquire permanent stream easements for
angler access, fish management, and habitat work and easements to access
permanent stream easements acquired under this subdivision for a onetime
payment based on a value attributed to both the stream and,
the easement corridor, and any access easement. The payment shall equal equals:
(2) the easement corridor
acres times the estimated market value.; plus
(3) the access corridor
acres times the estimated market value.
(b) The estimated market value is equal to:
(1) the agricultural market value plus the rural vacant market value plus the managed forest market value; divided by
(2) the acres of agricultural land plus the rural vacant land plus the managed forest land.
(c) The agricultural market value, rural vacant market value, and managed forest market value or equivalent are determined from data collected by the Department of Revenue during its annual spring mini abstract survey. If the Department of Revenue changes its property type groups for its annual spring mini abstract survey, the agricultural market value, the rural vacant market value, and the managed forest market value shall be determined by the commissioner from data collected by the Department of Revenue in a manner that provides the most reasonable substitute for the market values as presently reported. The commissioner must use the most recent available data for the city or township within which the easement corridor is located.
(d) The commissioner shall periodically review the easement payment rates under this subdivision to determine whether the stream easement payments reflect current shoreland market values. If the commissioner determines that the easements do not reflect current shoreland market values, the commissioner shall report to the senate and house of representatives natural resources policy committees with recommendations for changes to this subdivision that are necessary for the stream easement payment rates to reflect current shoreland market values. The recommendations may include an adjustment to the dollar amount in paragraph (a), clause (1).
Sec. 3. Minnesota Statutes 2024, section 84.96, is amended by adding a subdivision to read:
Subd. 10. Access
easement. The commissioner
may acquire easements to access native prairie acquired under this section. The commissioner may pay the landowner or
land administrator for access easements an amount equal to or less than 50
percent of the payment rate under subdivision 5.
Sec. 4. Laws 2024, chapter 90, article 1, section 52, is amended to read:
Sec. 52. EFFECTIVE
DATE.
(a) Sections 1 to
51 4, 7, 10 to 12, 14 to 17, and 19 to 51, and the amendments to
Minnesota Rules, parts 6100.5002, 6213.0100, 6213.0400, 6213.0500, 6232.0200,
6232.0300, 6232.0400, 6232.0500, 6232.0900, 6232.1250, 6232.1300, 6232.1600,
6232.1950, 6232.1970, 6232.1980, 6232.2550, 6232.2800, 6232.3100, 6232.4400,
6234.1600, 6234.1700, 6234.2000, 6234.2600, 6236.0300, 6236.0500, 6236.0950,
6237.0200, 6262.1000, 6262.3200, 6264.0400, and 6266.0700, and the repealer as
adopted by the commissioner of natural resources and published in the State
Register, volume 49, page 1416, June 30, 2025, are effective upon full
implementation of the replacement electronic license, permits, and pass
portions of the electronic license system.
(b) Sections 5, 6, 8, 9,
13, and 18 are effective upon full implementation of the vehicle registration
portions of the electronic license system.
(c) The commissioner
of natural resources must notify the revisor of statutes when the replacement
electronic license system is fully implemented. portions of the replacement electronic
licensing system governed by the sections and rule modifications described in
paragraph (a) are fully implemented and when the portions of the replacement
electronic licensing system governed by the sections described in paragraph (b)
are fully implemented.
Subdivision 1. [85.012]
[Subd. 21.] Frontenac State Park, Goodhue County. The following area is added to
Frontenac State Park: Lot 3, Block 1,
VILLA MARIA ADDITION, according to the recorded plat thereof, Goodhue County,
Minnesota.
Subd. 2. [85.012]
[Subd. 24a.] Great River Bluffs State Park, Winona County. The following area is added to Great
River Bluffs State Park: the West Half
of the Southeast Quarter of the Northeast Quarter, Section 33, Township 106
North, Range 5 West, Winona County, Minnesota.
Sec. 6. DELETION
FROM STATE PARK.
[85.012] [Subd. 42.] Mille Lacs Kathio State Park, Mille Lacs
County. The following area is
deleted from Mille Lacs Kathio State Park:
that part of Government Lot 3, Section 33, Township 43 North, Range 27
West, Mille Lacs County, Minnesota, lying easterly of the easterly right-of-way
line of U.S. Trunk Highway 169. Excepting
therefrom the following described tract of land: commencing at the northwest corner of said
Government Lot 3, said corner being marked by a 2-½-inch aluminum post with
brass cap (Bureau of Land Management Monument); thence North 89 degrees 43
minutes 55 seconds East, assumed bearing, along the north line of said
Government Lot 3, a distance of 1,076.85 feet to the point of beginning of the
land to be described; thence continuing North 89 degrees 43 minutes 55 seconds
East, along said north line, a distance of 40.88 feet to a ¾-inch iron rod with
disk stamped MN DNR PROPERTY; thence continuing North 89 degrees 43 minutes 55
seconds East, along said north line, a distance of 299.64 feet to a ¾-inch
rebar with plastic cap stamped MN DNR LS 47461; thence South 14 degrees 26
minutes 27 seconds East, a distance of 170.18 feet to a ¾-inch iron rod with
disk stamped MN DNR PROPERTY; thence South 89 degrees 43 minutes 55 seconds
West, a distance of 413.14 feet to a ¾-inch iron rod; thence continuing South
89 degrees 43 minutes 55 seconds West, a distance of 10.50 feet; thence North
07 degrees 53 minutes 17 seconds East, a distance of 70.68 feet; thence North
18 degrees 01 minute 43 seconds East, a distance of 100.09 feet to the point of
beginning.
Sec. 7. PUBLIC
SALE OF SURPLUS LAND BORDERING PUBLIC WATER; BECKER COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The commissioner may
make necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Becker County and is described as: all that part of Government Lot 1, Section 9,
Township 138 North, Range 43 West, Becker County, Minnesota, bounded by the
water's edge of Rossman Lake and the following described lines: commencing at meander corner No. 17
located at the northwesterly corner of said Government Lot 1; thence North 89
degrees 00 minutes 00 seconds East on an assumed bearing 98.96 feet on and
along the north line of said Section 9; thence South 10 degrees 10 minutes 30
seconds East, 233.06 feet to a point on the centerline of a township road and
the point of beginning; thence South 10 degrees 10 minutes 30 seconds East,
355.37 feet on and along the centerline of said township road; thence South 87
degrees 05 minutes 10 seconds East, 33.46 feet to the northwesterly corner of
Erickson Shores, a plat recorded in the Office of the Register of Deeds, Becker
County; thence South 87 degrees 05 minutes 10 seconds East, 443.59 feet on and
along the north line of said plat to the northwesterly corner of Lot 1 of Block
1 of said plat; thence North 58 degrees 09 minutes 38 seconds East, 135 feet,
more or less, on and along the north line of said Lot 1 of Block 1 to the
water's edge of said Rossman Lake and there terminating. And also, from the point of beginning; thence
North 88 degrees 40 minutes 54 seconds East, 263 feet, more or less, to the
water's edge of Rossman Lake and there terminating. Including all riparian rights to the
contained 4.3 acres, more or less, and subject to all existing easements.
(d) The
land borders Rossman Lake and is not contiguous to other state lands. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes and that
the state's land management interests would best be served if the land was
returned to private ownership.
Sec. 8. PRIVATE
SALE OF SURPLUS LAND BORDERING PUBLIC WATER; MILLE LACS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c) to a federally recognized Indian
Tribe, subject to the state's reservation of access and dam easements over the
land described in paragraph (c) if the state elects to reserve such easements.
(b) The land must not be
sold for less than the appraised value. The
buyer must reimburse the commissioner for all costs and expenses, including
staff costs, incurred by the commissioner in making the property salable and in
selling the property. The commissioner
may make necessary changes to the legal description to correct errors and
ensure accuracy.
(c) The land that may be
sold is all of or a portion of the land located in Mille Lacs County and
described as: that part of Government
Lot 3, Section 33, Township 43 North, Range 27 West, Mille Lacs County,
Minnesota, lying easterly of the easterly right-of-way line of U.S. Trunk
Highway 169. Excepting therefrom the
following described tract of land: commencing
at the northwest corner of said Government Lot 3, said corner being marked by a
2-½-inch aluminum post with brass cap (Bureau of Land Management Monument);
thence North 89 degrees 43 minutes 55 seconds East, assumed bearing, along the
north line of said Government Lot 3, a distance of 1,076.85 feet to the point
of beginning of the land to be described; thence continuing North 89 degrees 43
minutes 55 seconds East, along said north line, a distance of 40.88 feet to a
¾-inch iron rod with disk stamped MN DNR PROPERTY; thence continuing North 89
degrees 43 minutes 55 seconds East, along said north line, a distance of 299.64
feet to a ¾-inch rebar with plastic cap stamped MN DNR LS 47461; thence South
14 degrees 26 minutes 27 seconds East, a distance of 170.18 feet to a ¾-inch
iron rod with disk stamped MN DNR PROPERTY; thence South 89 degrees 43 minutes
55 seconds West, a distance of 413.14 feet to a ¾-inch iron rod; thence
continuing South 89 degrees 43 minutes 55 seconds West, a distance of 10.50
feet; thence North 07 degrees 53 minutes 17 seconds East, a distance of 70.68
feet; thence North 18 degrees 01 minute 43 seconds East, a distance of 100.09 feet
to the point of beginning.
(d) The land to be sold
borders on Mille Lacs Lake. The
Department of Natural Resources has determined that the state's land management
interests would best be served if the land was conveyed to a federally
recognized Indian Tribe.
Sec. 9. PRIVATE
CONVEYANCE OF SURPLUS LAND BORDERING PUBLIC WATER; PINE COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may convey by private sale the surplus land bordering public
water that is described in paragraph (c) for no consideration, subject to the
state's reservation of an access easement over the land described in paragraph
(c).
(b) The commissioner may
make necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
conveyed is located in Pine County and is described as: that part of the West 105 feet of the West
205 feet of that part of Lot 48, Auditor's Subdivision of Section 24, Township
41, Range 21, Pine County, Minnesota, lying South of a line described as
follows: commencing at a point on the
west line of said Lot 48, 570 feet South of the northwest corner of said lot;
thence southeasterly to a point in the east line of said Lot 48, midway between
the northeast corner and the southeast corner of said lot, and lying North of
the northerly water's edge of the North Branch of the Grindstone River,
including all riparian rights.
(d)
The land borders the Grindstone River. The
Department of Natural Resources has determined that the conveyance will ensure
that the private landowners have continued access to the Grindstone River after
the Grindstone River dam is removed and the channel restored to a natural
alignment.
Sec. 10. CONVEYANCE
OF SURPLUS STATE LAND; REDWOOD COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 16B.281 to 16B.298, or any other law to the
contrary, upon approval by the Minnesota Historical Society's Executive
Council, the director of the Minnesota Historical Society may convey to the
Lower Sioux Indian Community in the state of Minnesota, for no consideration,
the surplus land and real property described in paragraph (c).
(b) The Minnesota
Historical Society may make necessary changes to the legal description to
correct errors and ensure accuracy.
(c) The land to be
conveyed is located in Redwood County and is described as: Tract "C" that part of the
Northeast Quarter of the Northwest Quarter of Section 8, Township 112, Range
34, Redwood County, Minnesota, lying southerly of the centerline of CSAH 2 as
shown on Redwood County Right of Way Plat No. 3 C. S. A. H. Number
2 as of public record, Redwood County, Minnesota.
(d) The Minnesota
Historical Society has determined that the state's land management interests
and interpretive program interests would best be served if portions of the
Lower Sioux Agency Historic Site were conveyed to the Lower Sioux Indian
Community in the state of Minnesota.
Sec. 11. PRIVATE
SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a) Notwithstanding the
public sale provisions of Minnesota Statutes, chapter 282, or other law to the
contrary, St. Louis County may sell by private sale the tax-forfeited land
described in paragraph (c).
(b) The conveyance must
be in a form approved by the attorney general.
The attorney general may make changes to the land description to correct
errors and ensure accuracy.
(c) The land to be sold
is located in St. Louis County and is described as:
Government Lot 2, EXCEPT
the South 760 feet; AND EXCEPT that part of Government Lot 2, shown as Parcel
75 on Minnesota Department of Transportation Right of Way Plat No. 69-181,
Section 18, Township 62 North, Range 20 West.
(d) The county has
determined that the county's land management interests would best be served if
the land was returned to private ownership to resolve a structure encroachment.
Sec. 12. PRIVATE
SALE OF LAND; ST. LOUIS COUNTY.
(a) Notwithstanding the
public sale and competitive bidding requirements of Minnesota Statutes, chapter
373, or other law to the contrary, St. Louis County may sell by private
sale the county fee-owned lands described in paragraph (b).
(b) The lands to be sold
are located in St. Louis County, Section 34, Township 51 North, Range 18
West, and are described as:
(1) Lots 1, 2, 3, 10,
11, and 12, Block B, including part of the vacated alley adjacent and including
part of vacated 3rd Avenue adjacent, Brookston;
(2)
Lots 4 thru 9, Block B, including part of the vacated alley adjacent, and
including part of 3rd Street S adjacent to Lots 6 and 7, and including part of
3rd Avenue adjacent to Lots 4 thru 6 tool house, Brookston; and
(3) that part of the
South Half of the Northeast Quarter lying southerly of the Brookston Plat and
westerly of County State-Aid Highway 31.
(c) St. Louis
County has determined that the county's interest would best be served if the
lands were sold.
Sec. 13. PRIVATE
CONVEYANCE OF SURPLUS LAND BORDERING PUBLIC WATER; WABASHA COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may convey by private sale the surplus land that is described
in paragraph (c) to the city of Elgin for no consideration.
(b) The commissioner may
make necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
conveyed is located in Wabasha County and is described as:
(1) OUTLOT A, OUTLOT B,
and OUTLOT C of WHITEWATER WAY, according to the plat on file and of record in
the Office of the County Recorder in and for Wabasha County, Minnesota; and
(2) that part of the
West Half of the Northeast Quarter of Section 27, Township 108 North, Range 12
West, Wabasha County, Minnesota, described as follows: beginning at a point of intersection of the
north line of the south 165.00 feet of the Northwest Quarter of the Northeast
Quarter of said Section 27, with the east line of the West Half of the
Northeast Quarter of said Section 27; thence on an assumed bearing of North 89
degrees 44 minutes 01 second West, along said north line of the south 165.00
feet, a distance of 250 feet, more or less, to the centerline of the North Fork
of the White Water River; thence northeasterly along said centerline, to a
point of intersection with the east line of the West Half of the Northeast
Quarter of said Section 27; thence South 00 degrees 11 minutes 14 seconds East,
along said east line to the point of beginning.
(d) The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes and that the state's land management interests would best be
served if the land was conveyed to and used by the city of Elgin for
nonmotorized public recreation and public fishing access.
(e) The conveyance must
provide that the lands revert to the state if the city of Elgin:
(1) fails to provide the
public use intended on the property;
(2) without the written
approval of the commissioner, allows a public use other than the public use
agreed to by the commissioner at the time of conveyance; or
(3) abandons the public
use of the property.
(f) The commissioner
must require that the city of Elgin reimburse the commissioner for all costs
and expenses, including staff costs, incurred by the commissioner in making the
property salable and in conveying the property.
(a) Notwithstanding
Minnesota Statutes, sections 16B.281 to 16B.298, or any other law to the
contrary, upon approval by the Minnesota Historical Society's Executive
Council, the director of the Minnesota Historical Society may convey to the
city of Marine on Saint Croix, for no consideration, the surplus land and real
property described in paragraph (c).
(b) The Minnesota
Historical Society may make necessary changes to the legal description to
correct errors and ensure accuracy.
(c) The land to be
conveyed is located in Washington County and is described as: that part of Block 47 of Marine, according to
the recorded plat thereof, Washington County, Minnesota, described as follows: commencing at the southwest corner of said
Block 47; thence North 24 degrees 18 minutes 37 seconds West, assumed bearing,
along the westerly line of said Block 47, a distance of 98.35 feet, to the
point of beginning of the tract of land to be described; thence continuing
North 24 degrees 18 minutes 37 seconds West, along said westerly line of Block
47, a distance of 61.38 feet; thence North 66 degrees 16 minutes 53 seconds
East, 89.81 feet; thence South 24 degrees 27 minutes 39 seconds East, 59.63
feet; thence South 65 degrees 09 minutes 47 seconds West, 89.96 feet, to the
point of beginning.
Sec. 15. APPROPRIATION
EXTENSION.
Notwithstanding any
other law to the contrary, the appropriation in Laws 2024, chapter 116, article
1, section 3, subdivision 5, for an electronic licensing system is available
until June 30, 2027.
Sec. 16. EFFECTIVE
DATE.
Sections 4 to 15 are
effective the day following final enactment.
ARTICLE 5
AGRICULTURAL UTILIZATION RESEARCH INSTITUTE
Section 1. APPROPRIATION;
AGRICULTURAL UTILIZATION RESEARCH INSTITUTE.
$80,000 in fiscal year
2026 is appropriated from the general fund to the Agricultural Utilization
Research Institute for legal costs. This
is a onetime appropriation and is available until June 30, 2029. Pursuant to Minnesota Statutes, section
645.435, if the same appropriation for this purpose is enacted more than once
in the 2026 regular session, the appropriation must be given effect only once.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 6
IRON ORE MINING; UNEMPLOYMENT BENEFITS
Section 1. IRON
ORE MINING ADDITIONAL UNEMPLOYMENT BENEFITS PROGRAM.
Subdivision 1. Availability
of additional benefits. Additional
unemployment benefits are available from the Minnesota unemployment insurance
trust fund to an applicant who was laid off due to lack of work on or after
November 1, 2025, and before March 15, 2026, from:
(1) an employer in the
iron ore mining industry that laid off 40 percent or more of the employer's
workforce on or after March 15, 2025, and before June 16, 2025; or
(2) an
employer that is in the explosive manufacturing industry and providing goods or
services to an employer in the iron ore mining industry, if the applicant was
laid off due to the cessation or substantial reduction in operations of an
employer in the iron ore mining industry as described in clause (1).
Subd. 2. Eligibility
requirements. An applicant is
eligible to receive additional unemployment benefits under this section for any
week through the week ending March 20, 2027, if:
(1) the applicant
established a benefit account under Minnesota Statutes, section 268.07, with 50
percent or greater of the wage credits from an employer as described in
subdivision 1, and has exhausted the maximum amount of regular unemployment
benefits available on that benefit account; and
(2) the applicant meets
the same requirements that an applicant for regular unemployment benefits must
meet under Minnesota Statutes, section 268.069, subdivision 1.
Subd. 3. Weekly
and maximum amount of additional unemployment benefits. (a) The weekly benefit amount of
additional unemployment benefits is the same as the weekly benefit amount of
regular unemployment benefits on the benefit account established in subdivision
2, clause (1).
(b) The maximum amount
of additional unemployment benefits available to an applicant under this
section is an amount equal to 26 weeks of payment at the applicant's weekly
additional unemployment benefit amount.
(c) If an applicant
qualifies for a new regular benefit account that meets the requirements of
subdivision 4, paragraph (b), before the applicant has been paid additional
unemployment benefits, and the new regular benefit account meets the
requirements of subdivision 2, clause (1), the applicant's weekly additional
unemployment benefit amount is equal to the weekly unemployment benefit amount
on the applicant's new regular benefit account.
Subd. 4. Qualifying
for a new regular benefit account. (a)
If, after exhausting the maximum amount of regular unemployment benefits
available as a result of the layoff under subdivision 1, an applicant qualifies
for the new regular benefit account under Minnesota Statutes, section 268.07,
the applicant must apply for and establish the new regular benefit account.
(b) If the applicant's
weekly benefit amount under the new regular benefit account is equal to or
higher than the applicant's weekly additional unemployment benefit amount, the
applicant must request unemployment benefits under the new regular benefit account. An applicant is ineligible for additional
unemployment benefits under this section until the applicant has exhausted the
maximum amount of unemployment benefits available on the new regular benefit
account.
(c) If the applicant's
weekly unemployment benefit amount on the new regular benefit account is less
than the applicant's weekly benefit amount of additional unemployment benefits,
the applicant must request additional unemployment benefits. An applicant is ineligible for new regular
unemployment benefits until the applicant has exhausted the maximum amount of
additional unemployment benefits available under this section.
Subd. 5. Eligibility
for federal Trade Readjustment Allowance benefits. An applicant who has applied and been
determined eligible for federal Trade Readjustment Allowance benefits is not
eligible for additional unemployment benefits under this section.
EFFECTIVE DATE. This section is effective retroactively from November 1, 2025."
"A bill for an act relating to state government; modifying provisions of Lessard-Sams Outdoor Heritage Council and Greater Minnesota Regional Parks and Trails Commission; modifying provisions for acquiring land interests; adding to and deleting from certain state parks; authorizing sales and conveyances of certain lands; modifying effective date for electronic licensing system; providing additional unemployment insurance benefits for certain iron ore miners; appropriating money from outdoor heritage fund; modifying and extending prior appropriations; appropriating money for the Agriculture Utilization Research Institute; amending Minnesota Statutes 2024, sections 84.0272, subdivisions 1, 2; 84.96, by adding a subdivision; 85.536, subdivisions 5, 7, 8, 10; 97A.056, subdivision 2, by adding a subdivision; Laws 2023, chapter 40, article 4, section 2, subdivision 6, as amended; Laws 2024, chapter 90, article 1, section 52; Laws 2024, chapter 106, article 1, section 2, subdivision 5; repealing Minnesota Statutes 2024, section 85.536, subdivisions 3, 4."
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We request the adoption of this report and repassage of the bill. |
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Senate Conferees: Foung Hawj, Aric Putnam and Andrew Lang. |
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House Conferees: Josh Heintzeman, Joe McDonald, Samantha Vang and Peter Fischer. |
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Heintzeman moved that the report of the
Conference Committee on S. F. No. 2077 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 2077, A bill for an act
relating to state government; modifying provisions of Lessard-Sams Outdoor
Heritage Council and Greater Minnesota Regional Parks and Trails Commission;
modifying provisions for acquiring land interests; adding to and deleting from
certain state parks; authorizing sales and conveyances of certain lands;
modifying effective date for electronic licensing system; providing additional
unemployment insurance benefits for certain iron ore miners; appropriating
money from outdoor heritage fund; modifying and extending prior appropriations;
appropriating money for the Agriculture Utilization Research Institute;
amending Minnesota Statutes 2024, sections 84.0272, subdivisions 1, 2; 84.96,
by adding a subdivision; 85.536, subdivisions 5, 7, 8, 10; 97A.056, subdivision
2, by adding a subdivision; Laws 2023, chapter 40, article 4, section 2,
subdivision 6, as amended; Laws 2024, chapter 90, article 1, section 52; Laws
2024, chapter 106, article 1, section 2, subdivision 5; repealing Minnesota
Statutes 2024, section 85.536, subdivisions 3, 4.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 111 yeas and 22 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. E.
Bahner
Baker
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dippel
Dotseth
Duran
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rehm
Rehrauer
Repinski
Reyer
Robbins
Schomacker
Schwartz
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Anderson, P. H.
Backer
Bakeberg
Bennett
Engen
Fogelman
Gordon
Harder
Jacob
Joy
Knudsen
Lawrence
Murphy
Rarick
Roach
Rymer
Schultz
Scott
Stier
Van Binsbergen
Wiener
The bill was repassed, as amended by
Conference, and its title agreed to.
Niska moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
CALENDAR FOR
THE DAY
H. F. No. 719 was reported
to the House.
Franson moved to amend H. F. No. 719, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
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Section 1. CAPITAL
IMPROVEMENT APPROPRIATIONS. |
(a) The sums shown in the
column under "Appropriations" are appropriated from the bond proceeds
fund, or another named fund, to the state agencies or officials indicated, to
be spent for public purposes. Appropriations
of bond proceeds must be spent as authorized by the Minnesota Constitution,
article XI, section 5, clause (a), to acquire and better public land and
buildings and other public improvements of a capital nature, or as authorized
by the Minnesota Constitution, article XI, section 5, clauses (b) to (j), or
article XIV. Unless otherwise specified,
money appropriated in this act:
(1)
may be used to pay state agency staff costs that are attributed directly to the
capital program or project in accordance with accounting policies adopted by
the commissioner of management and budget;
(2) is available until
the project is completed or abandoned subject to Minnesota Statutes, section
16A.642;
(3) for activities under
Minnesota Statutes, sections 16B.307, 84.946, and 135A.046, should not be used
for projects that can be financed within a reasonable time frame under
Minnesota Statutes, section 16B.322 or 16C.144; and
(4) is available for a
grant to a political subdivision after the commissioner of management and
budget determines that an amount sufficient to complete the project as
described in this act has been committed to the project, as required by
Minnesota Statutes, section 16A.502.
(b) Unless otherwise
specified, appropriations in this article from the general fund or from the
trunk highway fund are made in fiscal year 2027 and are onetime appropriations.
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APPROPRIATIONS |
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Sec. 2. UNIVERSITY
OF MINNESOTA |
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Subdivision 1. Total
Appropriation |
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$75,000,000 |
To the Board of Regents of
the University of Minnesota for the purposes specified in this section.
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Subd. 2. Asset
Preservation |
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40,000,000 |
To be spent in accordance
with Minnesota Statutes, section 135A.046.
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Subd. 3. MacGrath
Campus Center Phase 1 |
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35,000,000 |
To predesign, design,
renovate, construct, furnish, and equip Phase 1 of a new campus center on the St. Paul
campus. This appropriation includes
money for site preparation, hazardous materials abatement, and the relocation
or expansion of related utility infrastructure.
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Sec. 3. MINNESOTA STATE COLLEGES AND UNIVERSITIES |
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Subdivision 1. Total
Appropriation |
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$69,812,000 |
To the Board of Trustees of
the State Colleges and Universities.
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Subd. 2. Asset
Preservation |
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64,612,000 |
To be spent in accordance
with Minnesota Statutes, section 135A.046.
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Subd. 3. Alexandria Technical and Community College |
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4,000,000 |
To construct, furnish, and
equip Phase 2 of capital improvements at Alexandria Technical and Community
College. This appropriation includes
money for capital improvements to a vacated transportation building, including
major projects to repair or replace the HVAC system, building envelope, and
other improvements for programming and student center space. This appropriation is in addition to the
appropriation in Laws 2025, First Special Session chapter 15, article 1,
section 3, subdivision 3.
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Subd. 4. Southwest
Minnesota State University |
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1,200,000 |
To design, construct,
furnish, and equip the renovation of the Physical Education gymnasium.
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Sec. 4. EDUCATION
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Subdivision 1. Total
Appropriation |
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$8,500,000 |
To the commissioner of
education for the purposes specified in this section.
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Subd. 2. Library
Construction Grants |
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2,000,000 |
To the commissioner of
education for Mary C. Murphy library
construction grants under Minnesota Statutes, section 134.45.
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Subd. 3. East Grand Forks; Education Learning Center |
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6,500,000 |
For a grant to Area Special
Education Cooperative No. 997, to predesign, design, construct, renovate,
furnish, and equip an education learning center in the city of East Grand Forks
to house a regional educational program for students with autism, cognitive
disabilities, emotional and behavioral disorders, and other students with
specific educational needs, including space to house a Level IV setting
regional special education program, subject to Minnesota Statutes, section
16A.695.
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Sec. 5. MINNESOTA
STATE ACADEMIES |
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$1,700,000 |
To the commissioner of
administration for capital asset preservation improvements and betterments on
both campuses of the Minnesota State Academies, to be spent in accordance with
Minnesota Statutes, section 16B.307.
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Sec. 6. PERPICH CENTER FOR ARTS EDUCATION |
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$1,300,000 |
To the commissioner of
administration for capital asset preservation improvements and betterments at
the Perpich Center for Arts Education, to be spent in accordance with Minnesota
Statutes, section 16B.307.
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Sec. 7. NATURAL RESOURCES |
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Subdivision 1. Total
Appropriation |
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$79,426,000 |
(a) To the commissioner of natural resources for the purposes specified in this section.
(b) The
appropriations in this section are subject to the requirements of the natural
resources capital improvement program under Minnesota Statutes, section 86A.12,
unless this section or the statutes referred to in this section provide more
specific standards, criteria, or priorities for projects than Minnesota
Statutes, section 86A.12.
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Subd. 2. Natural
Resources Asset Preservation |
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30,000,000 |
For the preservation and
replacement of state-owned facilities and recreational assets operated by the
commissioner of natural resources to be spent in accordance with Minnesota
Statutes, section 84.946.
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Subd. 3. Betterment
of Buildings |
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3,000,000 |
For acquisition, predesign,
design, and construction to replace existing facilities that no longer meet the
business needs of the department or to acquire or construct new facilities. This appropriation is for renovations at and
expansion of the fish hatchery in the city of St. Paul. Amounts remaining after completion of the
fish hatchery renovation and expansion may be applied to other projects to
better state buildings.
|
Subd. 4. Betterment
of Public Lands |
|
|
|
1,400,000 |
For the betterment of
public lands and other improvements of a capital nature. The commissioner shall determine project
priorities as appropriate under Minnesota Statutes, section 86A.12. Any reforestation shall be conducted in
accordance with Minnesota Statutes, section 89.002, subdivision 2.
|
Subd. 5. Aviation
Infrastructure |
|
|
|
2,000,000 |
For predesign, design,
construction, and equipping new public safety infrastructure upgrades at the
Brainerd Regional Airport to support the agency's emergency response for
wildfires, search and rescue operations, and other agency needs.
|
Subd. 6. Accessibility
|
|
|
|
1,000,000 |
For the design and
construction of accessibility improvements at state parks, recreation areas,
and wildlife management areas.
|
Subd. 7. Flood Hazard Mitigation |
|
|
|
19,840,000 |
(a) For the state
share of flood hazard mitigation grants for publicly owned capital improvements
to prevent or alleviate flood damage under Minnesota Statutes, section
103F.161.
(b) Project priorities shall
be determined by the commissioner as appropriate, based on need and
consideration of available leveraging of federal, state, and local funds.
(c) Notwithstanding
paragraph (b), $10,000,000 of this appropriation is for a grant to the
Moorhead-Clay County Joint Powers Authority to design, construct, and equip
flood mitigation infrastructure in the city of Moorhead. Any money not needed to complete flood
mitigation infrastructure projects in the city of Moorhead may be expended on
flood mitigation infrastructure projects in Clay County or the Buffalo Red
River Watershed District required for the Fargo-Moorhead Area Diversion
Project.
(d) Notwithstanding
paragraph (b), $840,000 of this appropriation is for a grant to the Rice Creek
Watershed District for predesign and design of flood hazard mitigation projects
in the marked Interstate Highway 35W corridor, including constructing water storage
and treatment basins and augmenting water conveyance systems, to alleviate
flooding in the cities of New Brighton, St. Anthony Village, and
Roseville.
(e) To the extent practicable and consistent with the project, recipients of appropriations for flood control projects in this subdivision shall create wetlands that are eligible for wetland replacement credit to replace wetlands drained or filled as the result of repair, reconstruction, replacement, or rehabilitation of an existing public road under Minnesota Statutes, section 103G.222, subdivision 1, paragraphs (l) and (m).
(f) To the extent
that the cost of a municipal project exceeds two percent of the median
household income in the municipality multiplied by the number of households in
the municipality, this appropriation is also for the local share of the
project.
|
Subd. 8. State
Trail Renovation |
|
|
|
2,000,000 |
To renovate paved and
unpaved state trails established in Minnesota Statutes, section 85.015,
according to the commissioner's priorities and as provided in Minnesota
Statutes, section 84.946.
|
Subd. 9. Reforestation
|
|
|
|
3,500,000 |
For reforestation and stand
improvement on state forest lands to meet the reforestation requirements of
Minnesota Statutes, section 89.002, subdivision 2, including purchasing native
seeds and native seedlings, planting, seeding, site preparation, and protection
on state lands administered by the commissioner.
|
Subd. 10. Anoka; Rum River Dam |
|
|
|
4,696,000 |
(a) For a grant to
the city of Anoka to design, engineer, and construct operational and safety
improvements to the Rum River Dam in the city of Anoka.
(b) Any unspent
amount of this appropriation remaining after completion of the project in
paragraph (a) is available to design, engineer, and construct improvements to
facilitate hydroelectric power generation and, if feasible, fish passage and
river recreation; and modification of the existing spillway into a navigational
lock.
|
Subd. 11. Cuyuna
Lakes State Trail Segment |
|
|
|
2,000,000 |
To design and construct a
multiuse paved trail segment of the Cuyuna Lakes State Trail under Minnesota
Statutes, section 85.015, subdivision 24, from the existing trail at the
Northern Pacific Center to 28th Street Southeast, in the city of Brainerd.
|
Subd. 12. Champlin;
Mississippi River Crossings |
|
|
|
350,000 |
For a grant to the city of
Champlin to construct a jetty and bank stabilization improvements upstream of
the Mississippi Crossings public dock system in the city of Champlin.
|
Subd. 13. Fillmore
County; Forestville Bridge |
|
|
|
2,000,000 |
For a grant to Fillmore
County to design, engineer, and construct the rehabilitation of the historic
Forestville Bridge.
|
Subd. 14. Root
River State Trail |
|
|
|
2,000,000 |
For engineering and
construction of the Root River State Trail under Minnesota Statutes, section
85.015, from the city of Preston to the city of Carimona.
|
Subd. 15. Three Rivers Park District; Coon Rapids Dam |
|
|
5,640,000 |
(a) For one or more
grants to the Three Rivers Park District to design, engineer, and construct
improvements and betterments of a capital nature to the Coon Rapids Dam located
on the Mississippi River.
(b) $1,800,000 of
this appropriation is to replace and install hydraulic cylinders.
(c) $1,200,000 of
this appropriation is for underwater repairs to piers and concrete structures.
(d) Any
unspent amount of an appropriation in this subdivision is available for other
improvements that improve the structural integrity,
safety, and operational capabilities of the Coon Rapids Dam.
|
Subd. 16. Unspent
Appropriations |
|
|
|
|
The unspent portion of an
appropriation for a state project in this section that is complete, upon
written notice to the commissioner of management and budget, is available for
asset preservation under Minnesota Statutes, section 84.946. Minnesota Statutes, section 16A.642, applies
from the date of the original appropriation to the unspent amount transferred.
|
Sec. 8. POLLUTION
CONTROL AGENCY |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$12,014,000 |
To the Pollution Control
Agency for the purposes specified in this section.
|
Subd. 2. Statewide Drinking Water Contamination Mitigation Program |
|
|
1,500,000 |
For projects or grants
under Minnesota Statutes, section 115B.245.
|
Subd. 3. Solid Waste Capital Assistance Grant Program |
|
|
10,514,000 |
For grants under the capital assistance program under Minnesota Statutes, section 115A.54. The agency must prioritize the three highest ranked projects for this program on the capital budget request list for the Pollution Control Agency, published January 2026 in the State of Minnesota Final Capital Budget Requests.
|
Sec. 9. BOARD OF WATER AND SOIL RESOURCES |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$6,500,000 |
To the Board of Water and
Soil Resources for the purposes specified in this section.
|
Subd. 2. Local Government Roads Wetland Replacement Program |
|
|
4,500,000 |
To acquire land or
permanent easements and to restore, create, enhance, and preserve wetlands to
replace those wetlands drained or filled as a result of the repair,
reconstruction, replacement, or rehabilitation of existing public roads as
required by Minnesota Statutes, section 103G.222, subdivision 1, paragraphs (l)
and (m). Notwithstanding Minnesota
Statutes, section 103G.222, subdivision 3, the board may implement the wetland
replacement program statewide. The
purchase price paid for acquisition of land
or perpetual
easement must be a fair market value as determined by the board. The board may enter into agreements with the
federal government, other state agencies, political subdivisions, nonprofit
organizations, fee title owners, or other qualified private entities to acquire
wetland replacement credits in accordance with Minnesota Rules, chapter 8420. Up to five percent of this appropriation may
be used for restoration and enhancement.
|
Subd. 3. Reinvest in Minnesota (RIM) Reserve Program |
|
|
2,000,000 |
To acquire conservation
easements from landowners to preserve, restore, create, and enhance wetlands
and associated uplands of prairie and grasslands, and to restore and enhance
rivers and streams, riparian lands, and uplands of prairie and grasslands, in
order to protect soil and water quality, support fish and wildlife habitat,
reduce flood damage, and provide other public benefits. The provisions of Minnesota Statutes, section
103F.515, apply to this program. The
board shall give priority to leveraging federal money by enrolling targeted new
lands or enrolling environmentally sensitive lands that have expiring federal
conservation agreements. The board is
authorized to enter into new agreements and amend past agreements with
landowners as required by Minnesota Statutes, section 103F.515, subdivision 5,
to allow for restoration. Up to five
percent of this appropriation may be used for restoration and enhancement.
|
Sec. 10. AGRICULTURE
|
|
|
|
$1,380,000 |
To the commissioner of
administration for capital asset preservation improvements and betterments at
the potato inspection facility located in East Grand Forks, to be spent in
accordance with Minnesota Statutes, section 16B.307.
|
Sec. 11. MINNESOTA
ZOOLOGICAL GARDEN |
|
|
|
$9,000,000 |
To the Minnesota Zoological
Board for capital asset preservation improvements and betterments to
infrastructure and exhibits at the Minnesota Zoo, to be spent in accordance
with Minnesota Statutes, section 16B.307.
Notwithstanding the specified uses of money under Minnesota Statutes,
section 16B.307, this appropriation may be used to replace buildings that are
in poor condition, outdated, and no longer support the work of the Minnesota
Zoological Garden; to construct and renovate trails and roads on the Minnesota
Zoological Garden site; and to renovate animal exhibits to meet modern animal
welfare standards, address animal and staff safety issues, and improve the
viewing experience for guests.
|
Sec. 12. ADMINISTRATION
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$10,800,000 |
To the commissioner of
administration for the purposes specified in this section.
|
Subd. 2. Capital Asset Preservation and Replacement Account |
|
|
10,000,000 |
To be spent in accordance
with Minnesota Statutes, section 16A.632.
|
Subd. 3. Capitol
Area Trees |
|
|
|
800,000 |
To plant trees within the
Capitol Area, as defined in Minnesota Statutes, section 15B.02, as part of
implementation of the Capitol Mall Design Framework under Laws 2023, chapter
62, article 1, section 11, subdivision 2, as amended by Laws 2025, chapter 39,
article 1, section 39.
|
Sec. 13. AMATEUR
SPORTS COMMISSION |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$5,250,000 |
To the Minnesota Amateur
Sports Commission for the purposes specified in this section.
|
Subd. 2. Asset
Preservation |
|
|
|
4,500,000 |
For asset preservation
improvements and betterments of a capital nature at the National Sports Center
in Blaine, to be spent in accordance with Minnesota Statutes, section 16B.307.
|
Subd. 3. Mighty
Ducks |
|
|
|
750,000 |
For grants to local units
of government under Minnesota Statutes, section 240A.09. This appropriation must not be used to
acquire ice resurfacing or edging equipment.
|
Sec. 14. MILITARY
AFFAIRS |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$5,800,000 |
To the adjutant general for
the purposes specified in this section.
|
Subd. 2. Duluth
Hangar |
|
|
|
3,500,000 |
To predesign and design the
construction of a new hangar to hold aircraft at the Duluth International
Airport in support of the 148th Fighter Wing of the Minnesota Air National
Guard to replace existing hangars.
|
Subd. 3. Asset
Preservation |
|
|
|
2,300,000 |
For asset preservation
improvements and betterments at readiness centers statewide, to be spent in
accordance with Minnesota Statutes, section 16B.307.
|
Sec. 15. PUBLIC SAFETY |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$19,000,000 |
To the commissioner of
public safety for the purposes specified in this section.
|
Subd. 2. Eden Prairie; Public Safety Garage and Storage Facility |
|
|
2,000,000 |
For a grant to the city of
Eden Prairie to design, construct, furnish, and equip a garage and storage
facility to house regional fire, police, and other public safety equipment and
vehicles to serve the city and surrounding communities.
|
Subd. 3. Golden
Valley; Fire Station |
|
|
|
2,000,000 |
For a grant to the city of
Golden Valley to construct, equip, and furnish a new fire station with space to
provide regional response, training opportunities, and other associated site
improvements. This appropriation is for
Phase II of the project and is in addition to the appropriation under Laws
2023, chapter 71, article 1, section 9, subdivision 9.
|
Subd. 4. Hilltop;
Emergency Shelter |
|
|
|
2,500,000 |
For a grant to the city of
Hilltop for site preparation and to construct, furnish, and equip a new tornado
and emergency shelter.
|
Subd. 5. Lake of the Woods County; Law Enforcement and Government Facilities |
|
|
6,000,000 |
For a grant to Lake of the
Woods County to design, engineer, construct, furnish, and equip new law
enforcement and government facilities to improve public safety, accessibility,
delivery of public services, and energy efficiency. Improvements and betterments of a capital
nature funded by this appropriation are exempt from the requirements under
Minnesota Statutes, section 16B.325.
|
Subd. 6. Mendota Heights; Public Safety and City Hall Facility |
|
|
4,000,000 |
For a grant to the city of
Mendota Heights to predesign and design a facility in the city of Mendota
Heights to serve as a city hall and public safety facility for the city's
police department.
|
Subd. 7. Minnetonka;
Fire Station |
|
|
|
2,500,000 |
For a grant to the city of
Minnetonka to demolish and reconstruct, furnish, and equip Fire Station #2
located in the city's northeast quadrant.
This appropriation includes money for improvements necessary to equip
the new station for 24-hour operation, including space for housing, and for
updated decontamination, gear storage, and training space.
|
Sec. 16. TRANSPORTATION |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$176,316,000 |
To the commissioner of
transportation for the purposes specified in this section.
|
Subd. 2. Local
Road Improvement Program |
|
|
|
50,000,000 |
(a) From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for eligible improvements on trunk highway corridor projects under Minnesota Statutes, section 174.52, subdivision 2; for construction and reconstruction of local roads with statewide or regional significance under Minnesota Statutes, section 174.52, subdivision 4; or for grants to counties to assist in paying the costs of rural road safety capital improvement projects on county state-aid highways under Minnesota Statutes, section 174.52, subdivision 4a.
(b) $3,000,000 of this
appropriation is for grants to townships for capital improvements to township
roads.
|
Subd. 3. Local
Bridge Replacement Program |
|
|
|
25,000,000 |
From the bond proceeds account in the state transportation fund to match federal money and to replace or rehabilitate local deficient bridges as provided in Minnesota Statutes, section 174.50.
|
Subd. 4. Highway
Rail Grade Crossings |
|
|
|
1,000,000 |
To design, construct, and
equip the replacement of active highway rail grade warning devices that have
reached the end of their useful life or new highway rail grade warning devices.
|
Subd. 5. Safe
Routes to School |
|
|
|
1,000,000 |
For grants under Minnesota
Statutes, section 174.40.
|
Subd. 6. Anoka
County; TH 65 Interchange |
|
|
|
4,300,000 |
For a grant to Anoka County
for preliminary engineering, environmental documentation, final design,
right-of-way acquisition, and construction of intersection improvements along
marked Trunk Highway 65 at Anoka County State-Aid Highway 116, also known as
Bunker Lake Boulevard Northeast, and associated frontage roads and backage
roads within the trunk highway system. This
appropriation is for the portion of the project that is eligible to be funded
with the proceeds of general obligation bonds.
|
Subd. 7. Benton County; CSAH 1 Improvements |
|
|
|
3,000,000 |
For a grant to Benton
County to design, engineer, construct, and reconstruct improvements and
betterments of a capital nature along Benton County State-Aid Highway 1 (Mayhew
Lake Road) between 14th Avenue and 35th Street in the city of Sauk Rapids. This appropriation includes money for
construction and reconstruction of six roundabouts and construct and
reconstruction of Benton County State-Aid Highway 1.
|
Subd. 8. Columbus;
Hornsby Street NE |
|
|
|
250,000 |
From the bond proceeds
account in the state transportation fund, for a grant to the city of Columbus
for predesign of improvements to Hornsby Street Northeast from marked Trunk
Highway 97 to Eureka Avenue.
|
Subd. 9. Cook
County; Gunflint Trail Improvements |
|
|
|
1,000,000 |
For a grant to Cook County
to design improvements along the northwesternmost ten miles of the Gunflint
Trail National Scenic Byway, terminating at Trails End Campground. This appropriation includes money for design
of: (1) repaving approximately ten miles
of failing roadway beginning 46 miles north of Grand Marais on the Gunflint
Trail at the intersection with United States Forest Service Road 1347 and
ending at the end of the Gunflint Trail at Trails End Campground; (2)
replacement of deteriorated culverts throughout the corridor; (3) construction
of up to four bridges; and (4) other related improvements necessary to preserve
reliable access to the Boundary Waters Canoe Area Wilderness, Superior National
Forest, and associated recreational areas.
|
Subd. 10. Dakota
County; County Road 50 |
|
|
|
6,000,000 |
For one or more grants to
Dakota County, the city of Lakeville, or both, to reconstruct Dakota County
State-Aid Highway 50 from Kenrick Avenue to Klamath Trail as part of the
Interstate Highway 35 interchange project to address corridor mobility and safety
improvements. This appropriation may be
used for preliminary and final design and to engineer, acquire right-of-way and
temporary and permanent easements, inspect, construct, and reconstruct Dakota
County State-Aid Highway 50 and other roads, including 175th Street and Kenrick
Avenue, multipurpose pedestrian and bicycle facilities, public utility
relocation, and stormwater management.
|
Subd. 11. Douglas
County; I-94 Interchange |
|
|
|
1,500,000 |
From the bond proceeds
account in the state transportation fund, for a grant to Douglas County for
preliminary engineering and final design of the local road portions of an
interchange at marked
Interstate Highway 94 and Douglas
County State-Aid Highway 17. This
appropriation also includes money for other infrastructure necessary to support
completion of the project, including pedestrian safety, public utility, and
stormwater management improvements.
|
Subd. 12. Faribault
County; Welk Drive |
|
|
|
500,000 |
For a grant to Faribault
County to design and construct improvements to Faribault County State-Aid
Highway 63/Welk Drive between Faribault County State-Aid Highway 16 and the
city boundary to accommodate an expansion of an industrial park adjacent to the
project area in the city of Blue Earth.
|
Subd. 13. Forest
Lake; CSAH 32 |
|
|
|
2,755,000 |
For one or more grants to
the city of Forest Lake, Washington County, or both, for preliminary design,
final design, engineering, right-of-way acquisition, and construction of
improvements to Washington County State-Aid Highway 32 (11th Avenue) in the city
of Forest Lake to address safety, accessibility, and other traffic operation
issues.
|
Subd. 14. Frazee;
North River Drive |
|
|
|
1,850,000 |
For a grant to the city of
Frazee to design, engineer, and construct North River Drive and associated
water and sewer infrastructure from Becker County State-Aid Highway 29 to
marked Trunk Highway 87 to connect to Wannigan Regional Park.
|
Subd. 15. Freeport;
I-94 Interchange |
|
|
|
6,000,000 |
For a grant to the city of
Freeport for reconstruction of the local road portions of the intersection of
marked Interstate Highway 94 and 1st Avenue in the city of Freeport. This appropriation includes money for
preliminary and final design, engineering, permitting, demolition of an
existing bridge over marked Interstate Highway 94, or construction of a new
interchange or other infrastructure necessary to support completion of the
project, including pedestrian safety, public utilities, and stormwater management.
|
Subd. 16. Fridley;
BNSF Northtown Yard |
|
|
|
2,000,000 |
For a grant to the city of
Fridley to predesign, design, and engineer the extension of 57th Avenue NE,
including public utilities as necessary and a bridge and approach walls, across
the BNSF Northtown Yard from Main Street NE (Anoka County State-Aid Highway
102) westward to East River Road (Anoka County State-Aid Highway 1) in Fridley.
|
Subd. 17. Independence; U.S. Highway 12 |
|
|
|
4,000,000 |
For a grant to the city of
Independence to predesign, design, and construct critical safety and mobility
improvements along marked U.S. Highway 12 from County Line Road to County Road
90 in Hennepin County.
|
Subd. 18. Karlstad;
Municipal Airport |
|
|
|
6,500,000 |
For one or more grants to
the city of Karlstad, Deerwood Township, or both, for engineering and
construction of a primary airport runway and supporting facilities. This appropriation is for Phase 3 of the
project and includes money for grading and drainage improvements; runway,
taxiway, and parking apron paving; and the relocation of a township road. This appropriation is in addition to the
Phase 1 appropriation in Laws 2021, First Special Session chapter 5, article 1,
section 2, subdivision 2, and the Phase 2 appropriation in Laws 2023, chapter
71, article 1, section 10, subdivision 11.
|
Subd. 19. Lake
Park; Local Roads |
|
|
|
2,000,000 |
For a grant to the city of
Lake Park to design, engineer, construct, reconstruct, and rehabilitate local
roads within the boundaries of the city.
|
Subd. 20. Minneapolis; Pedestrian Access and Safety Improvements |
|
|
115,000 |
For a grant to the city of
Minneapolis for construction of ADA-accessible facilities in the public
right-of-way.
|
Subd. 21. North
Branch; I-35 Interchange |
|
|
|
1,000,000 |
For a grant to the city of
North Branch for predesign, design, and right-of-way acquisition to construct
an interchange at Interstate Highway 35 and 400th Street in the city of North
Branch.
|
Subd. 22. Oakdale;
Pedestrian Bridge |
|
|
|
3,750,000 |
For a grant to the city of
Oakdale to design and construct a pedestrian bridge and associated improvements
over marked Interstate Highway 694 at the intersection of 40th Street to
provide a safe crossing for residents, connectivity with local and regional
trails and parks, and access to places of work.
|
Subd. 23. Olmsted County; U.S. Highway 14 Intersection G.O. Improvements |
|
|
5,600,000 |
From the bond proceeds
account in the state transportation fund, for one or more grants to the city of
Byron, Olmsted County, or both for the county and city share of general
obligation bond eligible portions of a project to conduct environmental analysis,
predesign, and final design of a project to replace at-grade
intersections and traffic signals with grade separated interchanges along
marked U.S. Highway 14, including but not limited to intersections with Olmsted
County State-Aid Highway 3 and Olmsted County State-Aid Highway 5, in the city
of Byron. Any amount remaining after
substantial completion of environmental analysis, predesign, design, and
engineering work may be applied to the city and county's share to acquire
right-of-way for, and to construct, furnish, and equip these interchanges and
associated infrastructure and road work to accommodate these interchanges.
|
Subd. 24. Olmsted County; U.S. Highway 14 Intersection T.H. F. Improvements |
|
|
2,400,000 |
From the trunk highway fund
for trunk highway fund eligible portions of a project to conduct environmental
analysis, predesign, and final design of a project to replace at-grade
intersections and traffic signals with grade-separated interchanges along marked
U.S. Highway 14, including but not limited to intersections with Olmsted County
State-Aid Highway 3 and Olmsted County State-Aid Highway 5, in the city of
Byron. Any amount remaining after
substantial completion of environmental analysis, predesign, design, and
engineering work may be applied to the state's share to acquire right-of-way
for, and to construct, furnish, and equip these interchanges and associated
infrastructure and road work to accommodate these interchanges.
|
Subd. 25. Pope
County; 210th Avenue |
|
|
|
5,000,000 |
From the bond proceeds
account in the state transportation fund, for one or more grants to the city of
Glenwood, Glenwood Township, or Leven Township, or any combination of these
entities for the acquisition of permanent easements and right-of-way and to
predesign, design, construct, and reconstruct 210th Avenue in Pope County
between marked Trunk Highway 28 and Pope County State-Aid Highway 28.
|
Subd. 26. Redwood
Falls; Historic Swayback Bridge |
|
|
|
1,300,000 |
For a grant to the city of
Redwood Falls to design and construct restoration of the historic WPA 1938
Swayback Bridge, Number 89859.
|
Subd. 27. Richfield;
Nicollet Avenue Reconstruction |
|
|
|
2,000,000 |
For one or more grants to
the city of Richfield, Hennepin County, or both to design and construct
portions of approximately 1.4 miles of roadway and public utility
infrastructure, including replacement of water main, sanitary sewer main, and
storm sewer main on Nicollet Avenue (Hennepin County State-Aid Highway 52) from
77th Street to 66th Street (Hennepin County
State-Aid Highway 53)
and other streets to support
reconstruction of Nicollet Avenue in the city of Richfield. This appropriation includes money for
predesign necessary to complete the project and for the acquisition of real
property or right-of-way or easement acquisition within the corridor. This appropriation is for the city's local
cost-share and is to be used in cooperation with Hennepin County for the
Nicollet Avenue (Hennepin County State-Aid Highway 52) reconstruction project.
|
Subd. 28. Savage; Highway 13 Local Road Improvements |
|
|
3,000,000 |
For property and easement
acquisition, final design, and construction of intersection improvements along
marked Trunk Highway 13 at Quentin Avenue, Lynn Avenue, Chowen Avenue, and
Washburn Avenue and the associated frontage roads, backage roads, connecting
local streets, and utility infrastructure improvements, if necessary or
required for construction.
|
Subd. 29. Scott
County; I-35 Interchange |
|
|
|
1,200,000 |
From the trunk highway fund
for predesign, design, environmental review, engineering, and right-of-way
acquisition for reconstruction of the interchange at marked Interstate Highway
35 and Scott County State-Aid Highway 2.
|
Subd. 30. Slayton;
34th Street |
|
|
|
2,000,000 |
For a grant to the city of
Slayton to predesign, design, engineer, construct, and equip the reconstruction
of 34th Street in the city of Slayton, from Juniper Avenue to 160th Avenue.
|
Subd. 31. St. Louis
Park; Local Street Improvements |
|
|
|
5,100,000 |
For a grant to the city of St. Louis
Park to acquire property or interests in property, predesign, design,
construct, furnish, and equip improvements to Meadowbrook Road from Excelsior
Boulevard to Oxford Street, Oxford Street from Meadowbrook Road to Edgewood
Avenue, Edgewood Avenue from Oxford Street to Cambridge Street, Cambridge
Street from Edgewood Avenue to Alabama Avenue, and Louisiana Avenue from north
of the intersection of Oxford Street to south of the intersection. This appropriation includes money for area
bikeway and sidewalk construction; bridge repair and modifications; replacement
or repair of water, sewer, and storm sewer facilities; regional water quality
and flood storage infrastructure construction; and other improvements or
upgrades related to street reconstruction work, including streetlights,
signals, striping, and signs; replacement or repair of pavement, curb, and
gutter; and roundabout construction.
|
Subd. 32. Stearns County; 322nd Street |
|
|
|
3,000,000 |
For a grant to Stearns
County for design, engineering, environmental analysis of, land acquisition
for, and reconstruction of 322nd Street from Stearns County State-Aid Highway 4
to Stearns County State-Aid Highway 133 in and adjacent to the city of St. Cloud.
|
Subd. 33. Stewartville; 15th Avenue NE Improvements |
|
|
3,096,000 |
For a grant to the city of
Stewartville for construction of a section of 15th Avenue Northeast within the
High Forest Township limits, that is adjacent to and borders the city of
Stewartville. This appropriation may be
used to improve and pave the roadway and to address drainage issues at the
intersection with 6th Street Northeast, including replacing culverts and storm
sewers.
|
Subd. 34. Stillwater;
Washington Avenue |
|
|
|
4,300,000 |
For a grant to the city of
Stillwater to design, engineer, and construct a new intersection of Washington
Avenue and North Frontage Road and associated roadway and safety upgrades and
improvements in the city of Stillwater.
|
Subd. 35. Waconia;
TH 5 Reconstruction |
|
|
|
4,700,000 |
For a grant to the city of
Waconia to design, engineer, construct, and reconstruct local road improvements
related to the reconstruction of marked Trunk Highway 5 from the intersection
with marked Trunk Highway 284 and South Olive Street to the intersection with
Carver County State-Aid Highway 59, known as Main Street, in Waconia. For the purposes of this subdivision,
"local road improvements" includes but is not limited to frontage
roads, backage roads, connecting local streets, trails, and utility infrastructure
that are eligible for the use of proceeds of general obligation bonds.
|
Subd. 36. Washington County; County Road 19A Realignment |
|
|
9,600,000 |
For a grant to Washington
County for environmental review, right-of-way acquisition, and final design for
the realignment of County Road 19A and 100th Street South in the city of
Cottage Grove.
|
Subd. 37. Washington County; CSAH 18 and CSAH 19 Intersection |
|
|
500,000 |
For a grant to Washington
County to construct improvements for safety and reducing congestion at the
intersection of Washington County State-Aid Highway 18 (Bailey Road) and County
State-Aid Highway 19 (Woodbury Drive) in the city of Woodbury.
|
Sec. 17. METROPOLITAN COUNCIL |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$57,831,000 |
To the Metropolitan Council
for the purposes specified in this section.
|
Subd. 2. Metropolitan Cities Inflow and Infiltration Grants |
|
|
15,000,000 |
For inflow and infiltration
grants under Minnesota Statutes, section 473.5491.
|
Subd. 3. Metropolitan
Regional Parks and Trails |
|
|
|
10,000,000 |
For the cost of improvements
and betterments of a capital nature and acquisition by the council and
metropolitan parks implementing agencies as defined in Minnesota Statutes,
section 473.351, of regional recreational open-space lands in accordance with the
council's policy plan as provided in Minnesota Statutes, section 473.147. This appropriation must not be used to
purchase easements.
|
Subd. 4. Community
Tree-Planting Grants |
|
|
|
5,000,000 |
For community tree-planting
grants under Minnesota Statutes, section 473.355.
|
Subd. 5. Champlin;
Elm Creek Greenway |
|
|
|
500,000 |
For a grant to the city of
Champlin for property and easement acquisition and predesign for a new segment
of the Elm Creek Greenway Trail Corridor in the city of Champlin to connect
Mississippi Crossings to the Elm Creek Park Reserve.
|
Subd. 6. Minneapolis Park and Recreation Board; North Commons Park |
|
|
6,000,000 |
For a grant to the Minneapolis Park and Recreation Board to design, construct, and equip improvements to North Commons Park in the city of Minneapolis to implement elements of the North Commons Improvement Project, including the renovation of the community building with indoor sports, gathering, and arts spaces, sports fields, and renovation and relocation of the water park. This appropriation is in addition to the appropriation in Laws 2020, Fifth Special Session chapter 3, article 3, section 3.
|
Subd. 7. Minneapolis Park and Recreation Board; Cedar Riverside Recreation Center |
|
|
1,500,000 |
For a grant to the
Minneapolis Park and Recreation Board to predesign, design, and construct the
new Cedar Riverside Recreation Center to serve the largest immigrant population
center in the state.
|
Subd. 8. Minneapolis Park and Recreation Board; Loring Park |
|
|
1,800,000 |
For a grant to the
Minneapolis Park and Recreation Board to predesign, design, construct, furnish,
and equip improvements of a capital nature
to renovate the Berger Fountain and Plaza in Loring Park.
|
Subd. 9. Ramsey
County; Boulevard Trail |
|
|
|
4,750,000 |
For a grant to Ramsey
County to design and construct an approximately 2.25-mile multiuse trail and
other site improvements along the southern edge of Vadnais Lake, enhancing
safety, providing scenic access to natural areas, and providing regional
connectivity and recreational opportunities for pedestrians and cyclists.
|
Subd. 10. St. Paul;
Como Zoo |
|
|
|
9,350,000 |
For a grant to the city of St. Paul
to design, construct, furnish, and equip new habitats for a big cats and
African animal exhibit at the Como Zoo in the city of St. Paul. In addition to exhibit space, the habitats
shall include space for training, enrichment, off-exhibit animal housing, and
veterinary care.
|
Subd. 11. Washington County; Brown's Creek State Trail Connection |
|
|
2,931,000 |
For a grant to Washington
County to construct a trail connection from Washington County State-Aid Highway
5 to the Brown's Creek State Trail, established under Minnesota Statutes,
section 85.015, subdivision 14, and to construct and improve an overlook and
viewing area of the historic Point Douglas-St. Louis River Road Bridge.
|
Subd. 12. Washington County; Hardwood Creek Regional Trail Extension |
|
|
1,000,000 |
For a grant to Washington
County for acquisition, design, and construction of the Hardwood Creek Regional
Trail extension within the city of Hugo.
|
Sec. 18. HUMAN
SERVICES |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$11,131,000 |
To the commissioner of
human services for the purposes specified in this section.
|
Subd. 2. Emergency
Shelter Facilities |
|
|
|
10,000,000 |
For emergency shelter
facility grants under article 2.
|
Subd. 3. St. David's |
|
|
|
1,131,000 |
For a grant to Hennepin
County to design and construct the expansion and renovation of the St. David's
facility located at 1130 Nicollet Mall in the city of Minneapolis, subject to
Minnesota Statutes, section 16A.695. The
facility must be used to promote the public welfare by providing early
childhood education, children's mental health and pediatric therapy services,
and support services that stabilize families, build skills, increase
independence, and improve the educational and health outcomes of Minnesotans.
|
Sec. 19. DIRECT
CARE AND TREATMENT |
|
|
|
$23,000,000 |
To the commissioner of
administration for asset preservation improvements and betterments of a capital
nature, to be spent in accordance with Minnesota Statutes, section 16B.307, at
facilities operated by Direct Care and Treatment.
|
Sec. 20. CHILDREN,
YOUTH, AND FAMILIES |
|
|
|
$2,000,000 |
To the commissioner of
children, youth, and families for grants under Minnesota Statutes, section
142A.46, to predesign, design, construct, renovate, furnish, and equip early
childhood learning facilities.
|
Sec. 21. VETERANS
AFFAIRS |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$77,372,000 |
To the commissioner of
administration for the purposes specified in this section.
|
Subd. 2. Asset
Preservation |
|
|
|
15,000,000 |
For asset preservation
improvements and betterments of a capital nature at the veterans homes in
Minneapolis, Hastings, Fergus Falls, Montevideo, Bemidji, Preston, Silver Bay,
and Luverne, and the state veterans cemeteries at Little Falls, Preston, and Duluth,
to be spent in accordance with Minnesota Statutes, section 16B.307.
|
Subd. 3. Minneapolis
Veterans Home |
|
|
|
17,200,000 |
To design, construct,
furnish, and equip the renovation of the Minneapolis Veterans home Building 16. This appropriation may also be used to design
and complete hazardous materials abatement.
|
Subd. 4. Hastings
Veterans Home |
|
|
|
45,172,000 |
To design, construct,
furnish, and equip the renovation of administrative and residential buildings
and infrastructure at the
Minnesota Veterans Home, Hastings
campus. This appropriation includes
money to design and complete demolition of all or portions of buildings and
other structures deemed unnecessary or undesirable for the development of the
project, site preparation, and asbestos removal and hazardous materials abatement.
|
Sec. 22. CORRECTIONS
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$52,142,000 |
To the commissioner of
administration for the purposes specified in this section.
|
Subd. 2. Asset
Preservation |
|
|
|
39,208,000 |
For asset preservation
improvement and betterments of a capital nature at the Minnesota correctional
facilities statewide to be spent in accordance with Minnesota Statutes, section
16B.307. The report required under
Minnesota Statutes, section 16B.307, subdivision 2, shall include a list of all
projects that have been paid for with this appropriation.
|
Subd. 3. Facility
Consolidation |
|
|
|
350,000 |
For predesign of
consolidation and expansion of correctional facilities statewide.
|
Subd. 4. Minnesota
Correctional Facility - Faribault |
|
|
|
10,712,000 |
To construct, renovate,
furnish, and equip an expansion of vocational programming space in the Dakota
Building at the Faribault Correctional Facility campus. This appropriation includes money for
demolition.
|
Subd. 5. Clay
County; Juvenile Detention Facility |
|
|
|
1,872,000 |
For a grant to Clay County
to design, construct, furnish, and equip Phase 1 of a nonsecure juvenile
detention facility in the city of Moorhead.
|
Subd. 6. Unspent
Appropriations |
|
|
|
|
The unspent portion of an
appropriation for a Department of Corrections project in this section that is
complete, upon written notice to the commissioner of management and budget, is
available for asset preservation under Minnesota Statutes, section 16B.307. Minnesota Statutes, section 16A.642, applies
from the date of the original appropriation to the unspent amount transferred.
|
Sec. 23. EMPLOYMENT AND ECONOMIC DEVELOPMENT |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$135,479,000 |
To the commissioner of
employment and economic development for the purposes specified in this section.
|
Subd. 2. Greater Minnesota Business Development Public Infrastructure |
|
|
2,000,000 |
For grants under Minnesota
Statutes, section 116J.431.
|
Subd. 3. Innovative Business Development Public Infrastructure |
|
|
2,000,000 |
For grants under Minnesota
Statutes, section 116J.435.
|
Subd. 4. Transportation Economic Development Infrastructure |
|
|
2,000,000 |
For grants under Minnesota
Statutes, section 116J.436.
|
Subd. 5. Austin Port Authority; Hormel Institute Bioimaging Center |
|
|
4,000,000 |
For a grant to the Austin
Port Authority to design, construct, furnish, and equip the renovation of space
at the Hormel Institute facility in the city of Austin, a learning laboratory
for workforce development, kindergarten through grade 12 engagement, and
professional training in STEM and bioimaging education.
|
Subd. 6. Breckenridge;
Community Center |
|
|
|
3,000,000 |
For a grant to the city of
Breckenridge to design, construct, furnish, and equip a community center.
|
Subd. 7. Brooklyn Center; Opportunity Site Public Infrastructure |
|
|
3,000,000 |
For a grant to the city of
Brooklyn Center for predesign, design, site preparation, construction, and
equipping of public infrastructure to serve the Opportunity Site. This appropriation includes money for utility
improvements, stormwater ponding, road construction, public parking, and other
improvements necessary to facilitate travel to and use of the Opportunity Site
by the public.
|
Subd. 8. Brooklyn Park; Northwest Metro Regional Athletic Facility |
|
|
7,500,000 |
For a grant to the city of
Brooklyn Park to construct, furnish, and equip an addition to the Brooklyn Park
community activity center to create a Northwest Metro Regional Athletic
Facility, including multicourt gymnasium space.
|
Subd. 9. Chanhassen;
Community Center |
|
|
|
2,500,000 |
For a grant to the city of
Chanhassen to design, furnish, and equip a regional recreation, community, and
event center, to include two sheets of indoor ice, a walking track, indoor
turf, indoor playground, gathering space, meeting rooms, and other amenities. This appropriation includes money for the
acquisition of real property or interests in real property.
|
Subd. 10. Columbia
Heights; Public Works Facility |
|
|
|
2,478,000 |
For a grant to the city of
Columbia Heights to predesign and design a public works facility, an expanded
public recycling area, a new access road, and other related infrastructure and
facility improvements. This
appropriation includes money for the acquisition of real property and
demolition associated with the project.
|
Subd. 11. DECC;
Accessibility Improvements |
|
|
|
4,900,000 |
For a grant to the Duluth
Entertainment and Convention Center Authority to predesign, design, construct,
renovate, furnish, and equip improvements and betterments of a capital nature
at the Duluth Entertainment and Convention Center facility. This appropriation includes money for
elevator and escalator improvements, energy efficiency upgrades, heating system
upgrades, Americans with Disabilities Act (ADA) compliance improvements, and
seat replacement.
|
Subd. 12. Hennepin County; Avivo Rehabilitation Services Facility |
|
|
5,000,000 |
For a grant to Hennepin
County for design; site preparation, including demolition and environmental
remediation; and renovation of Avivo facilities located at 1900 Chicago Avenue
and 1908 Chicago Avenue in the city of Minneapolis to support ongoing operations.
|
Subd. 13. Housing and Redevelopment Authority of Duluth; Mission Engagement Center |
|
|
8,850,000 |
For a grant to the Housing
and Redevelopment Authority of Duluth to predesign, design, construct, furnish,
and equip a community engagement center in the city to serve people
experiencing homelessness.
|
Subd. 14. Mahnomen Health Center Joint Powers Board; Skilled Nursing Facility |
|
|
10,000,000 |
For a grant to the Mahnomen
Health Center Joint Powers Board to design, construct, furnish, and equip a
skilled nursing facility in the city of Mahnomen.
|
Subd. 15. Martin
County; Veterans Office |
|
|
|
300,000 |
For a grant to Martin
County to design the renovation of an existing county-owned building in the
city of Fairmont to provide new office space for the county's University of
Minnesota Extension/4-H and Veterans Services offices.
|
Subd. 16. Northfield;
Community Resource Center |
|
|
|
3,000,000 |
For a grant to the city of
Northfield to predesign, design, construct, furnish, and equip improvements to
the Northfield Community Resource Center.
This appropriation includes money for expansion of the facility, updates
for safety and security, replacement of HVAC and other improvements to
mechanical systems, and renovation of existing space within the facility.
|
Subd. 17. Olmsted
County; History Center Museum |
|
|
|
2,322,000 |
For a grant to Olmsted
County to design, construct, furnish, and equip the expansion and renovation of
the History Center of Olmsted County Museum facility.
|
Subd. 18. Osseo;
Central Avenue Streetscape |
|
|
|
586,000 |
For a grant to the city of
Osseo to complete renovation and construction of sidewalks and streetscape
improvements on Central Avenue in downtown Osseo.
|
Subd. 19. Osseo;
City Hall |
|
|
|
214,000 |
For a grant to the city of
Osseo for construction of capital improvements to the city's City Hall
building, including replacement of the roof and renovations to accessibility
features.
|
Subd. 20. Osseo;
Public Works Facility |
|
|
|
800,000 |
For a grant to the city of
Osseo to construct and equip capital improvements at the Osseo Public Works
Building, including acquiring and installing a security system, improving
security fencing, interior office space rehabilitation, and constructing and equipping
an addition to the current building for cold storage.
|
Subd. 21. Plymouth; City Center |
|
|
|
5,000,000 |
For a grant to the city of
Plymouth to design, construct, renovate, and equip public infrastructure for
stormwater ponding in the area bounded by Vicksburg Lane and Trunk Highway 55
in the city of Plymouth, known as the Plymouth City Center.
|
Subd. 22. Ranier;
Public Works Building |
|
|
|
554,000 |
For a grant to the city of Ranier to predesign, design, construct, furnish, and equip a new public works maintenance building.
|
Subd. 23. Robbinsdale;
Public Works Facility |
|
|
|
3,325,000 |
For a grant to the city of
Robbinsdale to design a new public works facility.
|
Subd. 24. Shakopee;
Innovation Hub |
|
|
|
4,000,000 |
For a grant to the city of
Shakopee to design, construct, furnish, and equip the workforce training and
postsecondary education spaces of the Innovation Hub in the city of Shakopee.
|
Subd. 25. South
St. Paul; Aquatic Facility |
|
|
|
4,150,000 |
(a) For a grant to
the city of South St. Paul to design, construct, and equip a new swimming
pool and aquatics center.
(b) The grant under
this section is exempt from the requirements under Minnesota Statutes, section
16B.325.
(c) The following
must be incorporated into the swimming pool and aquatics center funded under
this section: (1) high-efficiency and
low-impact lighting; (2) native and pollinator-supporting landscaping; (3)
WaterSense certified low-flow sink and toilet plumbing features; (4)
daylighting in occupied spaces; (5) shade features; (6) amenities and
accessibility features to enhance visitor travel to the facility by active
transportation, as defined under Minnesota Statutes, section 174.38,
subdivision 1; (7) low-VOC materials to enhance indoor air quality; and (8)
photovoltaic-ready infrastructure.
|
Subd. 26. St. Cloud; 5th Avenue Downtown Connection Project |
|
|
3,400,000 |
For a grant to the city of St. Cloud
to acquire right-of-way and design, engineer, construct, furnish, and equip
public infrastructure improvements for the 5th Avenue South Campus and Downtown
Connection project.
|
Subd. 27. St. Cloud; Mississippi Riverwalk Connection |
|
|
3,000,000 |
For a grant to the city of St. Cloud
to design, engineer, construct, and equip the St. Cloud Mississippi
Riverwalk Connection Project, including grading, trail and pathway
construction, pedestrian crossings if necessary, lighting, landscaping,
riverbank stabilization, shoreline restoration, utility work, and related
public infrastructure improvements.
|
Subd. 28. St. Paul;
Roy Wilkins Auditorium |
|
|
|
40,000,000 |
For a grant to the city of St. Paul
to predesign, design, construct, furnish, and equip renovations to the Roy
Wilkins Auditorium.
|
Subd. 29. St. Paul;
CHS Field |
|
|
|
1,000,000 |
For a grant to the city of St. Paul
to predesign improvements at CHS Field. This
appropriation includes money for predesign of upgrades and improvements to the
facility's infrastructure to meet Major League Baseball ballpark requirements,
including construction of a new locker room, enhanced visitor amenities, and
for environmental remediation of contaminated soil.
|
Subd. 30. St. Paul;
Latino Museum |
|
|
|
3,600,000 |
For a grant to the city of St. Paul
to acquire property for, and to design, construct, furnish, and equip, the
Minnesota Latino Museum at 85 West Water Street on Harriet Island.
|
Subd. 31. West
St. Paul; 150 Thompson Park |
|
|
|
1,000,000 |
For a grant to the city of
West St. Paul to design improvements at 150 Thompson Park. This appropriation includes money for design
of a plaza, urban beach, playground, dry creek, and trails.
|
Subd. 32. Woodbury;
La Lake Park |
|
|
|
2,000,000 |
For a grant to the city of
Woodbury to design, construct, and equip facilities and infrastructure for La
Lake Park. This appropriation includes
money for an open-air shelter with restrooms, picnic areas, trails and a
trailhead, and for other site improvements and amenities. This appropriation also includes money for
stormwater management infrastructure and natural resource site improvements to
protect water quality and enhance ecosystem health.
|
Sec. 24. PUBLIC
FACILITIES AUTHORITY |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$409,012,000 |
To the Public Facilities Authority for the purposes specified in this section.
|
Subd. 2. State Match for Federal Grants to State Revolving Loan Programs |
|
|
19,000,000 |
To match federal
capitalization grants for the clean water revolving fund under Minnesota
Statutes, section 446A.07, and the drinking water revolving fund under
Minnesota Statutes, section 446A.081. This
appropriation must be used for qualified capital projects.
|
Subd. 3. Water
Infrastructure Funding Program |
|
|
|
56,000,000 |
(a) For grants to
eligible municipalities under the water infrastructure funding program under
Minnesota Statutes, section 446A.072.
(b) $26,000,000 of
this appropriation is for wastewater projects listed on the Pollution Control
Agency's project priority list in the fundable range under the clean water
revolving fund program.
(c) $30,000,000 of
this appropriation is for drinking water projects listed on the commissioner of
health's project priority list in the fundable range under the drinking water
revolving fund program.
(d) After all
eligible projects under paragraph (b) or (c) have been funded in a fiscal year,
the Public Facilities Authority may transfer any remaining, uncommitted money
to eligible projects under a program defined in paragraph (b) or (c) based on
that program's project priority list.
|
Subd. 4. Point Source Implementation Grants Program |
|
|
30,000,000 |
For grants to eligible
municipalities under the point source implementation grants program under
Minnesota Statutes, section 446A.073. This
appropriation must be used for qualified capital projects.
|
Subd. 5. Lead
Service Line Replacement |
|
|
|
15,000,000 |
For grants to eligible
entities under the Lead Service Line Replacement program under Minnesota
Statutes, section 446A.077.
|
Subd. 6. Emerging
Contaminants Grant Program |
|
|
|
17,000,000 |
For grants to eligible
municipalities under the Emerging Contaminants Grant Program under Minnesota
Statutes, section 446A.082.
|
Subd. 7. Albertville, Hanover, St. Michael; Regional Water System |
|
|
5,000,000 |
For a grant to the joint
powers water board, a regional water supply system serving the communities of
Albertville, Hanover, and St. Michael, to design, construct, and equip
improvements necessary to expand treatment capacity and address manganese and
radium water quality issues.
|
Subd. 8. Alexandria Lake Area Sanitary District; Reclamation Facility |
|
|
5,000,000 |
For a grant to the
Alexandria Lake Area Sanitary District (ALASD) to construct and equip Phase Two
improvements and upgrades to the district's regional water reclamation
facility.
|
Subd. 9. Apple Valley; Water Treatment Plant Improvements |
|
|
3,000,000 |
For a grant to the city of
Apple Valley to predesign and design the renovation and expansion of the
existing water treatment plant in the city to address perfluoroalkyl and
polyfluoroalkyl substances (PFAS) in the city's drinking water supply.
|
Subd. 10. Big
Lake; Wastewater Treatment Facility |
|
|
|
3,500,000 |
For a grant to the city of
Big Lake to design and engineer improvements and renovations to the city's
wastewater treatment facility.
|
Subd. 11. Bloomington; North Central Sanitary Sewer Project |
|
|
4,000,000 |
For a grant to the city of
Bloomington to design, construct, and equip sanitary sewer improvements to
facilitate increased sanitary sewer capacity needs in north central
Bloomington, including the Penn American District.
|
Subd. 12. Burnsville;
Water Treatment Plant |
|
|
|
2,750,000 |
For a grant to the city of
Burnsville to construct and equip upgrades and improvements necessary for
renovation of the city's water treatment plant, including electrical component
replacement, water line upgrades, and improvements to the surface water treatment
process.
|
Subd. 13. Central
Iron Range Sanitary Sewer District |
|
|
|
1,400,000 |
For a grant to the Central
Iron Range Sanitary Sewer District to predesign, design, construct, furnish,
and equip improvements and betterments of a capital nature to the district's
infrastructure,
including Great Scott Township/Buhl/Kinney
conveyance capacity expansion and upgrades, Buhl lift station upgrades, and
security upgrades and conveyance system infrastructure expansion along the
Trunk Highway 169 corridor between Great Scott Township and Chisholm, for
residential, industrial, and commercial development.
|
Subd. 14. Chisago County; Shorewood Park; Sanitary Sewer District Extension |
|
|
820,000 |
For a grant to Chisago
County to predesign, design, and construct an extension of the Shorewood Park
Sanitary Sewer District sewer system to 20 homes on Rush Lake.
|
Subd. 15. Cohasset;
Public Infrastructure |
|
|
|
3,000,000 |
For a grant to the city of
Cohasset to design, construct, reconstruct, and equip the rehabilitation of the
city's water tower; the extension of water, sanitary sewer, and storm sewer
infrastructure citywide; and associated street reconstruction.
|
Subd. 16. Cold Spring; Wastewater Treatment Facility |
|
|
5,500,000 |
For a grant to the city of
Cold Spring to design and engineer improvements to the city's wastewater
treatment facility.
|
Subd. 17. Cook;
Public Infrastructure |
|
|
|
1,500,000 |
For a grant to the city of
Cook to predesign, design, engineer, and construct improvements to the city's
inflow and infiltration collection system to extend utilities to the city's
North Loop.
|
Subd. 18. Crystal;
Douglas Drive Water Main |
|
|
|
1,750,000 |
For a grant to the city of
Crystal to predesign, design, and engineer the replacement of water main
infrastructure, and associated street, sidewalk, and storm sewer improvements,
along Hennepin County State-Aid Highway 102 (Douglas Drive) in the city of Crystal,
from the intersection of Hennepin County State-Aid Highway 70 (Medicine Lake
Road) and 29th Avenue North to Hennepin County State-Aid Highway 8 (West
Broadway).
|
Subd. 19. Dayton;
Water Tower |
|
|
|
3,000,000 |
For a grant to the city of
Dayton to acquire real property for, and to predesign, design, and construct a
new water tower to provide adequate water storage and sufficient pressure for
fire suppression for residents.
|
Subd. 20. Duluth; Lakewood Water Treatment Plant |
|
|
|
4,268,000 |
For a grant to the city of
Duluth to design and construct improvements and betterments of a capital nature
to the Lakewood water treatment plant. This
appropriation includes money for the historic pumphouse roof and structural
repairs, flocculation tank repairs, and clearwell and clarifier upgrades.
|
Subd. 21. Duluth
North Shore Sanitary District |
|
|
|
958,000 |
For a grant to the Duluth
North Shore Sanitary District to design, engineer, and construct improvements
to reduce inflow and infiltration within the district's sanitary collection
system.
|
Subd. 22. Eagle Lake; Drinking Water Treatment Facility |
|
|
6,000,000 |
For a grant to the city of Eagle Lake to construct and equip a water treatment facility to provide clean drinking water to residents and address water quality issues, including high levels of manganese.
|
Subd. 23. East Bethel; Elementary School Utility Connections |
|
|
3,000,000 |
For a grant to the city of
East Bethel to predesign, design, construct, and equip city water and sewer
infrastructure to connect East Bethel Elementary School and Cedar Creek
Elementary School to city water and sewer systems. This appropriation includes money for a new
water tower and a new water treatment facility.
|
Subd. 24. Ely;
Water Infrastructure |
|
|
|
3,900,000 |
For a grant to the city of
Ely to design, construct, and equip upgrades to and the replacement of water
infrastructure. This appropriation
includes money for the replacement of raw water intake and pump house
infrastructure on Burntside Lake; the rehabilitation and replacement of water
main infrastructure throughout the city; installation of new pumps, automated
controls, and remote monitoring systems; replacement of associated deteriorated
bridge crossings; and major projects at the Ely water treatment plant,
including roof replacement, HVAC upgrades, and the installation of solar energy
infrastructure.
|
Subd. 25. Eveleth;
Wastewater Treatment Facility |
|
|
|
2,500,000 |
For a grant to the city of
Eveleth to construct and equip filtration improvements and the rehabilitation
and replacement of aging and failing infrastructure at the Eveleth wastewater
treatment facility to achieve compliance with regulations for phosphorus and
mercury levels in the city's wastewater.
|
Subd. 26. Excelsior; Public Infrastructure |
|
|
|
5,613,000 |
For a grant to the city of
Excelsior to acquire right-of-way, predesign, design, engineer, construct, and
reconstruct public infrastructure. This
appropriation includes money for improvements or upgrades to water main, storm
sewer, and sanitary sewer systems; curb, gutter, and street improvements; and
other publicly owned infrastructure consistent with the city's pavement
management plan.
|
Subd. 27. Floodwood; Water and Sewer Infrastructure |
|
|
1,500,000 |
For a grant to the city of
Floodwood to design and construct capital improvements to the city's water and
sewer infrastructure along County Road 832 (Floodwood Road). This appropriation includes money for
replacement and expansion of water and sewer mains and associated street
reconstruction to enhance business and residential development.
|
Subd. 28. Ghent;
Water Infrastructure |
|
|
|
3,000,000 |
For a grant to the city of
Ghent for Phase 1 improvements to municipal water infrastructure.
|
Subd. 29. Grand Marais; Wastewater Treatment Plant |
|
|
1,908,000 |
For a grant to the city of
Grand Marais to design, construct, and equip improvements and betterments of a
capital nature to the existing wastewater treatment facility in the city of
Grand Marais to address risks posed from aging and failing infrastructure.
|
Subd. 30. Hastings;
Water Treatment Plant |
|
|
|
17,500,000 |
For a grant to the city of
Hastings to predesign, design, construct, and equip the Eastern Water Treatment
Plant and associated piping to remove perfluoroalkyl and polyfluoroalkyl
substances from city drinking water.
|
Subd. 31. Holdingford;
Lift Station |
|
|
|
1,000,000 |
For a grant to the city of
Holdingford to design, construct, and equip a new primary lift station.
|
Subd. 32. International Falls; Water Treatment Facility |
|
|
4,800,000 |
For a grant to the city of
International Falls to construct, renovate, furnish, and equip improvements and
betterments of a capital nature at the existing water treatment facility in the
city of International Falls, including an expansion of the facility,
rehabilitation and replacement of aging and failing infrastructure, security
upgrades, and other site improvements to support ongoing operations.
|
Subd. 33. Jordan; Wastewater Infrastructure |
|
|
|
5,375,000 |
For a grant to the city of
Jordan to design, construct, and equip wastewater treatment improvements in the
city of Jordan.
|
Subd. 34. Kandiyohi;
Water Infrastructure |
|
|
|
4,000,000 |
For a grant to the city of
Kandiyohi to predesign, design, engineer, construct, and equip Phase 2 of water
infrastructure improvements in the city of Kandiyohi.
|
Subd. 35. Keewatin;
Public Infrastructure |
|
|
|
5,500,000 |
For a grant to the city of
Keewatin to design, construct, furnish, and equip the replacement and
reconstruction of water mains, sanitary sewer lines, storm sewer systems, and
streets.
|
Subd. 36. Lafayette;
Water Treatment Plant |
|
|
|
3,087,000 |
For a grant to the city of
Lafayette to construct and equip a reverse osmosis system and associated
improvements at the existing water treatment plant to address high levels of
chloride in the city's wastewater and to prevent additional disinfection products
violations in the city's drinking water.
|
Subd. 37. Lake
Benton; Public Infrastructure |
|
|
|
863,000 |
For a grant to the city of
Lake Benton to design, engineer, construct, and reconstruct the replacement of
sanitary sewer, water, and storm sewer infrastructure along the marked U.S. Highway
75 corridor in conjunction with the
reconstruction of U.S. Highway 75.
|
Subd. 38. Lake
Lillian; Public Infrastructure |
|
|
|
3,500,000 |
For a grant to the city of
Lake Lillian to design, construct, and equip the replacement of aging and
failing municipal infrastructure. This
appropriation includes money for improvements to and replacement of a water
distribution system, sanitary sewer system, and storm sewer system
infrastructure, and reconstruction of city streets. This appropriation is in addition to the
appropriation in Laws 2023, chapter 72, article 2, section 10, subdivision 9.
|
Subd. 39. Laketown Township; Wastewater Infrastructure |
|
|
6,400,000 |
For a grant to Laketown
Township to design, construct, and equip replacement of sanitary sewer
infrastructure, including septic tanks, sewer main, service lines from septic
tanks to the main sewer line, and lift stations, necessary for replacement of
the township's existing wastewater collection system. This
appropriation includes
money for demolition and removal of existing sanitary sewer infrastructure and
for street restoration and other improvements necessary for completion of the
project. This appropriation is for areas
6B, 6F, 6D-3, and 6D-4.
|
Subd. 40. Lonsdale;
Water Tower and Water Main |
|
|
|
4,851,000 |
For a grant to the city of
Lonsdale to design, construct, furnish, and equip a new water tower and water
main looping in the city of Lonsdale.
|
Subd. 41. Loretto;
Water and Sewer Infrastructure |
|
|
|
2,700,000 |
For a grant to the city of
Loretto to design, engineer, and construct the replacement of water mains,
water valves, sanitary sewer system, and stormwater system infrastructure in
the city of Loretto, including associated street reconstruction.
|
Subd. 42. Minneapolis;
Storm Sewer Project |
|
|
|
8,000,000 |
For a grant to the city of
Minneapolis to design and construct a new storm sewer under 13th Avenue
Northeast from 2nd Street Northeast to a new outfall at the Mississippi River.
|
Subd. 43. Minneapolis;
Water Main Project |
|
|
|
12,360,000 |
For a grant to the city of
Minneapolis to design and construct a structural liner along approximately 2.6
miles within the 36-inch water main running under 2nd Street North and
Washington Avenue North.
|
Subd. 44. Minneapolis;
Water Distribution Facility |
|
|
|
4,000,000 |
For a grant to the city of
Minneapolis for predesign, design, engineering, environmental analysis, and
construction of a water distribution facility to be located in Hennepin County. This appropriation is in addition to the
appropriation in Laws 2023, chapter 71, article 1, section 15, subdivision 11.
|
Subd. 45. Minnetonka
Beach; Public Infrastructure |
|
|
|
4,540,000 |
For a grant to the city of
Minnetonka Beach to design, engineer, construct, and equip the replacement of
aging and failing municipal infrastructure.
This appropriation includes money for water system, sanitary system, and
utility improvements.
|
Subd. 46. Minnetrista;
Water Treatment Plant |
|
|
|
3,000,000 |
For a grant to the city of
Minnetrista to predesign, design, construct, furnish, and equip a new water
treatment plant.
|
Subd. 47. Moose Lake; Sewer Lining |
|
|
|
1,575,000 |
For a grant to the city of
Moose Lake to predesign, design, and construct
the lining of a sewer main pipe in the city of Moose Lake.
|
Subd. 48. Mountain
Lake; Public Infrastructure |
|
|
|
2,000,000 |
For a grant to the city of
Mountain Lake to design and construct public infrastructure, including streets,
clean drinking water, and sanitary and stormwater sewer, to expand housing in
the city.
|
Subd. 49. New Germany; Wastewater Treatment Expansion |
|
|
4,000,000 |
For a grant to the city of
New Germany to design, engineer, construct, and equip improvements and
betterments of a capital nature necessary to expand the city's wastewater
treatment facility capacity.
|
Subd. 50. New
Ulm; Public Infrastructure |
|
|
|
4,000,000 |
For a grant to the city of
New Ulm to design, construct, and equip capital improvements necessary for
completion of a gravity sewer flow system, replacement of water main, removal
of a lift station, and replacement of impacted surface amenities.
|
Subd. 51. Newport;
Public Infrastructure |
|
|
|
4,000,000 |
For a grant to the city of
Newport to acquire right-of-way for and to predesign, design, and construct the
removal, replacement, and installation of water, sanitary sewer, and storm
sewer system infrastructure and reconstruction of affected streets in the
project area to address inflow and infiltration. For purposes of this section, "project
area" means 3rd Avenue between 21st Street and 15th Street, 17th Street
between 3rd Avenue and the Mississippi River, 12th Street between 7th Avenue
and the Mississippi River, 3rd Avenue between 14th Street and 12th Street, 13th
Street between 7th Avenue and 4th Avenue, and 5th Avenue between 14th Street
and 12th Street in the city of Newport.
|
Subd. 52. North Zumbro Sanitary Sewer District; New Regional Wastewater Treatment Facility |
|
|
12,000,000 |
For a grant to the joint
powers sanitary district created pursuant to Minnesota Statutes, section
471.59, comprising the cities of Zumbrota, Goodhue, Pine Island, and Wanamingo,
to design, engineer, permit, construct, and equip Phase 1 of a new state-of-the-art
regional wastewater treatment facility and adjoining lift stations and
forcemains to be located in Goodhue County and to serve as a regional
wastewater facility prototype. This
facility shall provide wastewater treatment service for the Elk Run
settlement
lands of the Prairie Island Indian Community, which shall connect to existing
wastewater infrastructure in the city of Pine Island. This appropriation includes money for
demolition of existing wastewater treatment structures and related
infrastructure and for improvements and betterments of a capital nature,
including the construction of infrastructure, necessary to connect the new facility
to the communities in the sanitary district and for the facility to serve its
intended purpose. Phase 1 consists of
site work at the lift station sites and construction of a portion of forcemain
piping. This appropriation is in
addition to the appropriation in Laws 2023, chapter 72, article 2, section 10,
subdivision 10.
|
Subd. 53. Oak
Park Heights; Water Infrastructure |
|
|
|
1,600,000 |
For a grant to the city of
Oak Park Heights for design and engineering of improvements to the city's
municipal water treatment infrastructure for the remediation and removal of
perfluoroalkyl and polyfluoroalkyl substances from the city's drinking water supply.
|
Subd. 54. Proctor;
Utility Extension |
|
|
|
3,500,000 |
For a grant to the city of
Proctor to predesign, design, and construct water, sewer, and electric utility
extensions from Ugstad Road on the north side of marked Interstate Highway 35
to the south side and extending along the frontage road and utility replacements
from Ugstad Road on the north side of marked Interstate Highway 35 to 2nd
Street.
|
Subd. 55. Rice
Lake; Sewer and Water Infrastructure |
|
|
|
3,800,000 |
For one or more grants to
the city of Rice Lake to design and construct the following capital projects to
provide safe drinking water for residents, support development in the area, and
prepare for anticipated road reconstruction:
(1) an extension of water infrastructure along Martin Road, between
Stavenger Road and Howard Gnesen Road; (2) an extension of sewer and water
infrastructure along a new frontage road between Martin Road and West Calvary
Road; and (3) an extension of sewer infrastructure near the intersection of
Martin Road and Rice Lake Road.
|
Subd. 56. Rochester;
Sanitary Sewer Expansion |
|
|
|
13,224,000 |
For a grant to the city of
Rochester to predesign, design, and construct Phase 1 of the expansion of
sanitary sewer and water infrastructure to support development of additional
housing for the region. This
appropriation also includes money for the portion of Phase 2 from the Chicago
and North Western Railroad to Marion Road Southeast and 19th Avenue Southeast.
|
Subd. 57. Russell; Public Infrastructure |
|
|
|
1,000,000 |
For a grant to the city of Russell to design, construct, and equip the replacement of aging and failing municipal infrastructure. This appropriation includes money for improvements to and replacement of a water distribution system, a sanitary sewer system, and storm sewer system infrastructure, and reconstruction of city streets.
|
Subd. 58. Silver
Bay; Water Pressure Improvements |
|
|
|
1,070,000 |
For a grant to the city of
Silver Bay to predesign, design, construct, and equip the rehabilitation and
replacement of pressure-reducing valve stations and associated water
distribution system infrastructure to address water pressure, safety, and
infrastructure issues that compromise ongoing operations.
|
Subd. 59. Silver
Lake; Public Infrastructure |
|
|
|
3,000,000 |
For a grant to the city of
Silver Lake to predesign, design, engineer, construct, and equip stormwater,
wastewater, and drinking water infrastructure.
This appropriation includes money for improvements to or replacement of
municipal: wastewater ponds, spray
irrigation and sanitary sewer systems, and associated infrastructure; storm
sewer systems and associated infrastructure to better drain areas of the
community; and water main distribution systems and associated infrastructure to
provide for improved water quality, water flow, fire protection, and water
accountability.
|
Subd. 60. South Haven; Water and Sewer Infrastructure |
|
|
3,500,000 |
For a grant to the city of
South Haven to design, construct, and equip the municipal infrastructure. This appropriation includes money for
improvements to and replacement of water distribution system, sanitary sewer
system, storm sewer system infrastructure, water filters, and reconstruction of
city streets.
|
Subd. 61. Spicer;
Public Infrastructure |
|
|
|
2,100,000 |
For a grant to the city of
Spicer to design, construct, and equip publicly owned infrastructure, including
a new lift station, and sewer, water, and roadway improvements, to serve the
County Road 8 area located in the southeast portion of the city, to encourage
economic growth and development.
|
Subd. 62. St. Francis; Water and Sewer Improvements |
|
|
4,000,000 |
For a grant to the city of St. Francis
to design and construct water and sewer improvements to publicly owned
infrastructure along marked Trunk Highway 47, from Cree Street to 241st Avenue.
|
Subd. 63. St. Paul Regional Water Services; Fridley Pump Station |
|
|
1,500,000 |
For a grant to St. Paul
Regional Water Services to design, construct, and equip the rehabilitation and
replacement of aging and failing infrastructure at the Fridley pump station
site. This appropriation includes major
projects to repair or replace electrical, mechanical, and piping systems;
replacement of standpipe and sluice gates; sump pump system improvements; and
water pump and motor upgrades.
|
Subd. 64. St. Paul; West 7th Street Improvement Project |
|
|
13,000,000 |
For a grant to the city of St. Paul
for the Trunk Highway 5/West 7th Street Improvement Project to predesign,
design, engineer, construct, and equip improvements to the publicly owned
underground sanitary sewer infrastructure under West 7th Street. $6,500,000 is designated for the section of
West 7th Street from Kellogg Boulevard to St. Clair Avenue and $6,500,000
is designated for the section of West 7th Street from St. Clair Avenue to
Interstate Highway 35E.
|
Subd. 65. Taylors
Falls; Sewer System Improvements |
|
|
|
1,500,000 |
For a grant to the city of
Taylors Falls to design, construct, and equip improvements to the city's
sanitary sewer system.
|
Subd. 66. Thomson;
Public Infrastructure |
|
|
|
1,500,000 |
For a grant to the township
of Thomson in Carlton County to design, construct, and equip the replacement of
aging and failing municipal infrastructure.
This appropriation includes money for improvements to and replacement of
water distribution systems, sanitary sewer system infrastructure, and
reconstruction of streets.
|
Subd. 67. Two
Harbors; Public Infrastructure |
|
|
|
2,000,000 |
For a grant to the city of
Two Harbors to design, construct, and reconstruct publicly owned physical
infrastructure as part of the Department of Transportation's Trunk Highway 61
reconstruction throughout the city of Two Harbors, including but not limited to
sanitary and storm sewers, water supply systems, natural gas and electric
utilities, new utility extensions along the Trunk Highway 61 corridor including
sanitary and storm sewers, water supply systems, natural gas and electric
utilities, street construction and reconstruction, wastewater treatment
systems, stormwater management systems, street and trail lighting, curbs,
gutters, sidewalks, trail crossings, and pedestrian ramps for Americans with
Disabilities Act compliance.
|
Subd. 68. Waseca; Sanitary Sewer Infrastructure |
|
|
|
8,900,000 |
For a grant to the city of
Waseca to design, engineer, and construct improvements to and replacement of
sanitary sewer infrastructure to reduce inflow and infiltration into the system
and increase sanitary sewer system conveyance capacity, including reconstruction
of the Nelson Lift Station. This
appropriation includes money for reconstruction of streets, roadways,
sidewalks, and other infrastructure within the project areas.
|
Subd. 69. Waseca;
Water Tower |
|
|
|
1,000,000 |
For a grant to the city of
Waseca to acquire land or permanent easements and to predesign, survey, and
design a new water tower in the city of Waseca.
|
Subd. 70. West
Central Regional Water System |
|
|
|
5,000,000 |
For one or more grants to
Norman County, Clay County, Polk County, all three counties, or any combination
of two of the three counties, to acquire land or interests in land, and to
design, engineer, and construct facilities and infrastructure for Phase 1 of
the West Central Regional Water System project, including water transmission
mains, and other infrastructure to be built and located in Norman County, Clay
County, Polk County, all three counties, or any combination of two of the
counties.
|
Subd. 71. West
Union; Sewer Infrastructure |
|
|
|
900,000 |
For a grant to the city of
West Union to design, engineer, construct, and equip a new wastewater municipal
infrastructure system. This
appropriation includes money for new sanitary sewer system infrastructure and
reconstruction of city streets.
|
Subd. 72. Winona;
Wastewater Treatment Facility |
|
|
|
6,500,000 |
For a grant to the city of
Winona to predesign, design, construct, and equip improvements and upgrades to
the existing municipal wastewater treatment facility.
|
Subd. 73. Wrenshall;
Public Infrastructure |
|
|
|
1,500,000 |
For a grant to the city of
Wrenshall to design, engineer, construct, and equip the replacement of aging
and failing municipal infrastructure. This
appropriation includes money for phased improvements to and replacement of
water distribution systems and storm sewer system infrastructure, and
reconstruction of city streets.
|
Sec. 25. MINNESOTA HOUSING FINANCE AGENCY |
|
|
$17,500,000 |
(a) To the Minnesota
Housing Finance Agency to finance the costs of rehabilitation to preserve
public housing under Minnesota Statutes, section 462A.202, subdivision 3a. For purposes of this section, "public
housing" means housing for low-income persons and households financed by
the federal government and publicly owned.
Priority may be given to proposals that maximize nonstate resources to
finance the capital costs and requests that prioritize health, safety, and
energy improvements. The priority in
Minnesota Statutes, section 462A.202, subdivision 3a, for projects to increase
the supply of affordable housing and the restrictions of Minnesota Statutes,
section 462A.202, subdivision 7, do not apply to this appropriation.
(b) The agency must equally
divide the total appropriation between the metropolitan area, as defined in
Minnesota Statutes, section 473.121, subdivision 2, and greater Minnesota. The agency must distribute awards in greater
Minnesota to projects with the greatest geographic distribution in Regions 1 to
10 under Minnesota Statutes, section 462.385.
|
Sec. 26. MINNESOTA
HISTORICAL SOCIETY |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$6,000,000 |
To the Minnesota Historical
Society for the purposes specified in this section.
|
Subd. 2. Historic
Sites Asset Preservation |
|
|
|
5,000,000 |
For capital improvements
and betterments at state historic sites, buildings, landscaping at historic
buildings, exhibits, markers, and monuments, to be spent in accordance with
Minnesota Statutes, section 16B.307. The
society shall determine project priorities as appropriate based on need.
|
Subd. 3. County
and Local Preservation Grants |
|
|
|
1,000,000 |
For grants to county and
local jurisdictions as matching money for historic preservation projects of a
capital nature, as provided in Minnesota Statutes, section 138.0525.
Sec. 27. BOND
SALE AUTHORIZATION.
(a) To provide the money
appropriated in this act from the bond proceeds fund, and to provide for
expenses authorized in Minnesota Statutes, section 16A.641, subdivision 8,
paragraph (c), the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to $1,183,585,000 in the manner, upon the
terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631
to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.
(b) To
provide the money appropriated in this act from the bond proceeds account in
the state transportation fund, and to provide for expenses authorized in
Minnesota Statutes, section 16A.641, subdivision 8, paragraph (c), the
commissioner of management and budget shall sell and issue bonds of the state
in an amount up to $87,350,000 in the manner, upon the terms, and with the
effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by
the Minnesota Constitution, article XI, sections 4 to 7.
Sec. 28. CANCELLATIONS;
BOND SALE AUTHORIZATION REDUCTIONS.
(a) $62,372,000 of the
appropriation in Laws 2023, chapter 72, article 1, section 19, subdivision 3,
is canceled. The bond sale authorization
in Laws 2023, chapter 72, article 1, section 27, subdivision 1, as amended by
Laws 2024, chapter 88, article 2, section 20, is reduced by the same amount.
(b) $465,000 of the
appropriation in Laws 2017, First Special Session chapter 8, article 1, section
8, subdivision 2, is canceled. The bond
sale authorization in Laws 2017, First Special Session chapter 8, article 1,
section 25, subdivision 1, is reduced by the same amount.
(c) The appropriation of
$4,000,000 in Laws 2020, Fifth Special Session chapter 3, article 1, section
21, subdivision 37, is canceled. The
bond sale authorization in Laws 2020, Fifth Special Session chapter 3, article
1, section 26, subdivision 1, is reduced by the same amount.
(d) The appropriation of
$2,500,000 in Laws 2023, chapter 72, article 1, section 18, subdivision 5,
paragraph (c), is canceled. The bond
sale authorization in Laws 2023, chapter 72, article 1, section 27, subdivision
1, as amended by Laws 2024, chapter 88, article 2, section 20, is reduced by
the same amount.
(e) The appropriation of
$1,600,000 in Laws 2023, chapter 72, article 1, section 23, subdivision 20, is
canceled. The bond sale authorization in
Laws 2023, chapter 72, article 1, section 27, subdivision 1, as amended by Laws
2024, chapter 88, article 2, section 20, is reduced by the same amount.
Sec. 29. BOND
SALE SCHEDULE.
The commissioner of
management and budget shall schedule the sale of state general obligation bonds
so that, during the biennium ending June 30, 2027, no more than $1,184,495,000
will need to be transferred from the general fund to the state bond fund to pay
principal and interest due and to become due on outstanding state general
obligation bonds. During the biennium,
before each sale of state general obligation bonds, the commissioner of
management and budget shall calculate the amount of debt service payments
needed on bonds previously issued and shall estimate the amount of debt service
payments that will be needed on the bonds scheduled to be sold. The commissioner shall adjust the amount of
bonds scheduled to be sold so as to remain within the limit set by this section. The amount needed to make the debt service
payments is appropriated from the general fund as provided in Minnesota
Statutes, section 16A.641.
Sec. 30. EFFECTIVE
DATE.
This article is effective
the day following final enactment.
ARTICLE 2
CAPITAL INVESTMENT POLICY
Section 1. Minnesota Statutes 2024, section 16A.86, subdivision 3a, is amended to read:
Subd. 3a. Information provided. All requests for state assistance under this section must include the following information:
(1) the name of the political subdivision that will own the capital project for which state assistance is being requested;
(3) the extent to which the political subdivision has or expects to provide local, private, user financing, or other nonstate funding for the project;
(4) a list of the bondable activities that the project encompasses; examples of bondable activities are public improvements of a capital nature for land acquisition, predesign, design, construction, and furnishing and equipping for occupancy;
(5) whether the project will require new or additional state operating subsidies;
(6) whether the governing body of the political subdivision requesting the project has passed a resolution in support of the project and has established priorities for all projects within its jurisdiction for which bonding appropriations are requested when submitting multiple requests;
(7) whether the
political subdivision has a plan for maintenance and preservation of the
project, including safety and security, maintenance and utility costs,
availability of repair parts and materials, sustainability, and any other
criteria the political subdivision deems relevant;
(7) (8) if
the project requires a predesign under section 16B.335, whether the predesign
has been completed at the time the capital project request is submitted, and
whether the political subdivision has submitted the project predesign to the
commissioner of administration for review and approval; and
(8) (9) if
applicable, the information required under section 473.4485, subdivision 1a.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 2. Minnesota Statutes 2025 Supplement, section 134.45, subdivision 4, is amended to read:
Subd. 4. Match. A public library jurisdiction applying
for a grant under this section must match the grant with local nonstate
funds.
EFFECTIVE DATE. This
section is effective for grants awarded after June 30, 2026.
Sec. 3. Minnesota Statutes 2024, section 446A.077, subdivision 3, is amended to read:
Subd. 3. Eligible recipients. (a) The following are eligible recipients of grants under this section:
(1) community public water suppliers of a community water system as defined in Code of Federal Regulations, title 40, section 141.2, as amended;
(2) municipalities;
(3) suppliers of other residential drinking water systems; and
(4) any applicant eligible for loans and grants under the federal Safe Drinking Water Act.
(b) All eligible recipients as part of the grant application process must apply to be listed on the Department of Health project priority list.
(c)
Notwithstanding paragraph (a), recipients of grants funded by state general
obligation bond proceeds under this section must be political subdivisions of
the state.
Sec. 4. Minnesota Statutes 2024, section 446A.077, subdivision 4, is amended to read:
Subd. 4. Eligible uses. (a) An eligible recipient may use a grant provided under this program for:
(1) removing and replacing lead drinking water service lines;
(2) repaying debt incurred for the purposes described in clauses (1), (3), and (4);
(3) providing information to residents on the benefits of removing lead service lines; or
(4) performing necessary construction activities required for and associated with removing and replacing lead service lines.
(b) Grant money used for removing and replacing lead drinking water service lines under paragraph (a), clause (1), must pay for 100 percent of the cost of replacing the privately owned portions of those lines.
(c) Grant money used for
removing and replacing lead drinking water service lines under paragraph (a),
clause (1), may pay for not more than 50 up to 100 percent of the
cost of replacing the publicly owned portions of those lines.
(d) Notwithstanding
paragraph (a), eligible uses of grants funded by state general obligation bond
proceeds under this section are limited to removing and replacing publicly
owned portions of drinking water service lines and performing necessary
construction activities required for and associated with removing and replacing
publicly owned portions of lead service lines.
Sec. 5. Minnesota Statutes 2025 Supplement, section 446A.082, is amended to read:
446A.082 EMERGING DRINKING WATER CONTAMINANTS GRANTS.
Subdivision 1. Program established. When money is appropriated under this program, the authority shall award grants to a governmental unit for up to 50 percent of the cost of drinking water infrastructure projects to address a confirmed exceedance of maximum contaminant level as defined by the federal Safe Drinking Water Act or a health advisory level for a drinking water emerging contaminant as defined by the Environmental Protection Agency.
Subd. 2. Eligibility. An eligible project for this program must:
(1) be listed on the Drinking Water Revolving Fund Project Priority List under Minnesota Rules, part 4720.9015;
(2) receive priority points under Minnesota Rules, part 4720.9020, subpart 2, 4, or 4a; and
(3) be certified by the commissioner of health under Minnesota Rules, part 4720.9060.
Subd. 3. Application and reservation of funds. (a) Grant applications to the authority may be made at any time on forms prescribed by the authority, including a project schedule and cost estimate for the work necessary to comply with the purpose described in subdivision 2.
Subd. 4. Grant amount. The grant amount for an eligible project under this program shall be for an amount up to 50 percent of the eligible as-bid project cost up to $5,000,000, minus the amount of federal emerging contaminant funds the project receives under section 446A.081, subdivision 9, paragraph (b), clause (4), or other federal emerging contaminant funds.
Subd. 5. Grant approval. The authority shall award a grant for an eligible project only after:
(1) the applicant has submitted the as-bid project cost;
(2) the commissioner of health has certified the grant eligible portion of the project; and
(3) the authority has determined that the additional financing necessary to complete the project has been committed from other sources.
Subd. 6. Grant disbursement. Grant funds shall be disbursed by the authority as eligible project costs are incurred by the governmental unit and in accordance with a project financing agreement and applicable state laws and rules governing the disbursements.
Subd. 7. Recovering expenses. Money granted to a grantee under this program may be recovered in a civil action brought by the attorney general against any person who may be liable under section 115B.04 or any other law. To be eligible for recovery, the expenses must be reasonable and necessary expenses, including all response costs, and administrative and legal expenses. The authority, Department of Health, and Pollution Control Agency's certification of expenses shall be prima facie evidence that the expenses are reasonable and necessary. Any money recovered in a civil action for a project financed with bonds under this section shall be transferred to the commissioner of management and budget for deposit in the state bond proceeds fund and applied toward principal interest on outstanding bonds.
Sec. 6. Minnesota Statutes 2024, section 446A.086, subdivision 11, is amended to read:
Subd. 11. Amount
of debt obligation authorized. The
amount of debt outstanding under this section must not exceed $1,000,000,000
$1,500,000,000.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2024, section 457A.03, subdivision 3, is amended to read:
Subd. 3. State
participation; limitations. The
commissioner may not provide any assistance under this chapter for more than 80
percent of the nonfederal share total cost of any project. Assistance provided under this chapter may
not be used to match any other state funds.
The commissioner shall not assume continuing funding responsibility for
any commercial navigation facility project.
Sec. 8. EMERGENCY
SHELTER FACILITIES.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b)
"Commissioner" means the commissioner of human services.
(c) "Eligible
applicant" means a statutory or home rule charter city, county, or housing
and redevelopment authority established under Minnesota Statutes, section
469.003.
(d) "Emergency
shelter facility" means a facility that provides a safe, sanitary,
accessible, and suitable emergency shelter for individuals and families
experiencing homelessness, regardless of whether the facility provides
emergency shelter during the day, overnight, or both.
Subd. 2. Creation
of account. An emergency
shelter facility account is created in the bond proceeds fund. Money in the account is appropriated to the
commissioner to make grants under this section.
Money in the account is available until encumbered or spent subject to
Minnesota Statutes, section 16A.642.
Subd. 3. Project
criteria. The commissioner
shall prioritize grants under this section for projects that improve or expand
emergency shelter facility options by:
(1) adding additional
emergency shelter facilities by renovating existing facilities not currently
operating as emergency shelter facilities;
(2) adding additional
emergency shelter facility beds by renovating existing emergency shelter
facilities, including major projects that address an accumulation of deferred
maintenance or repair or replacement of mechanical, electrical, and safety
systems and components in danger of failure;
(3) adding additional
emergency shelter facility beds through acquisition and construction of new
emergency shelter facilities; and
(4) improving the
safety, sanitation, accessibility, and habitability of existing emergency
shelter facilities, including major projects that address an accumulation of
deferred maintenance or repair or replacement of mechanical, electrical, and
safety systems and components in danger of failure.
Subd. 4. Eligible
uses of grant money. A grant
under this section may be used to pay for 100 percent of total project capital
expenditures or a specified project phase, up to $7,000,000 per project.
Subd. 5. State
and local building codes met. All
projects funded with a grant under this section must meet all applicable state
and local building codes at the time of project completion.
Subd. 6. Lease
or management agreements. An
eligible applicant may enter into a lease or management agreement for operation
of the emergency shelter facility, subject to Minnesota Statutes, section
16A.695.
Subd. 7. Competitive
request for proposal process; priority.
(a) The commissioner must use a competitive request for proposal
process to identify potential projects and eligible applicants on a statewide
basis. At least 40 percent of the
appropriation for this purpose must be awarded to projects located in greater
Minnesota. If the commissioner does not
receive sufficient eligible funding requests from greater Minnesota to award at
least 40 percent of the appropriation for this purpose to projects in greater
Minnesota, the commissioner may award the remaining money to other eligible
projects.
(b) The commissioner
must prioritize project applications in the following order:
(1) projects that
include a lease or management agreement for operation of the emergency shelter
facility and the eligible applicant will provide at least ten percent of total
project funding;
(2)
projects that include a lease or management agreement for operation of the
emergency shelter and the eligible applicant will provide less than ten percent
of total project funding; and
(3) all other projects
for which the eligible applicant will provide at least ten percent of total
project funding.
Sec. 9. CLOQUET
FORESTRY CENTER; LAND TRANSFER.
(a) The commissioner of
administration must convey for no consideration all state-owned land within
boundaries of the Cloquet Forestry Center to the Board of Regents of the
University of Minnesota.
(b) The conveyance must
be in a form approved by the attorney general.
The attorney general may make changes to the land description to correct
errors and ensure accuracy.
(c) The land to be
conveyed is located in Carlton County and is described as follows:
(1) the Southeast Quarter of the Northwest Quarter of Section 30, Township 49 North, Range 17 West;
(2) the East Half of the
Northeast Quarter of Section 36, Township 49 North, Range 18 West;
(3) the Northwest
Quarter of the Southeast Quarter of Section 29, Township 49 North, Range 17
West;
(4) the Northwest
Quarter of the Northwest Quarter of Section 29, Township 49 North, Range 17
West;
(5) the Northwest Quarter of the Southwest Quarter (or Lot 3) of Section
30, Township 49 North, Range 17 West;
(6) the Southwest Quarter of the Northwest Quarter (or Lot 2) of Section
31, Township 49 North, Range 17 West;
(7) the Southeast
Quarter of the Northeast Quarter of Section 32, Township 49 North, Range 17
West; and
(8) the North Half of
the Northeast Quarter of Section 32, Township 49 North, Range 17 West.
Sec. 10. CLOQUET
FORESTRY CENTER DEFEASANCE OF GENERAL OBLIGATION BONDS; APPROPRIATION.
$1,300,000 in fiscal
year 2027 is appropriated from the general fund to the commissioner of
management and budget to prepay and defease any outstanding state general
obligation bonds used for improvements and betterments at the University of
Minnesota Cloquet Forestry Center, and other associated financing costs to
facilitate the university's goal of returning this land to the Fond du Lac Band
of Lake Superior Chippewa. This amount
may be deposited, invested, and applied to accomplish the purposes of this section
as provided in Minnesota Statutes, section 475.67, subdivisions 5 to 10 and 13. Upon the prepayment and defeasance of all
associated debt on the real property and improvements, all conditions set forth
in Minnesota Statutes, section 16A.695, subdivision 3, shall be deemed to have
been satisfied and the real property and improvements shall no longer
constitute state bond financed property under Minnesota Statutes, section
16A.695. This is a onetime
appropriation.
Sec. 11. BCA
MARYLAND BUILDING.
Notwithstanding any law,
rule, or ordinance to the contrary, a building permit under the State Building
Code is not required to construct a new perimeter eight-foot security fence and
access controls at the BCA Maryland uilding site, as enacted in Laws 2023,
chapter 72, article 1, section 15, subdivision 3.
APPROPRIATION MODIFICATIONS
Section 1. Laws 2020, Fifth Special Session chapter 3, article 1, section 16, subdivision 39, is amended to read:
|
Subd. 39. Red
Wing; Rail Grade Separation |
|
|
|
10,000,000 |
From the bond proceeds account
in the state transportation fund as provided in Minnesota Statutes, section
174.50, for a grant to the city of Red Wing for right-of-way acquisition,
environmental analysis, design, engineering, removal of an existing structure,
and construction of a rail grade crossing separation at Sturgeon Lake Road. This appropriation is in addition to the
appropriation for the same purpose in Laws 2017, First Special Session chapter
8, article 1, section 15, subdivision 4.
Any unspent portion of the amount appropriated in this subdivision
may be used for capital improvements to Sturgeon Lake Road in the area of the
rail grade separation project. Notwithstanding
Minnesota Statutes, section 16A.642, the bond sale authorization and
appropriation of bond proceeds for this project are available until December
31, 2030.
Sec. 2. Laws 2020, Fifth Special Session chapter 3, article 1, section 17, subdivision 13, as amended by Laws 2023, chapter 72, article 3, section 23, and Laws 2025, First Special Session chapter 15, article 3, section 2, is amended to read:
|
Subd. 13. White
Bear Lake Communities; Lake Links Trail |
|
|
3,600,000 |
(a) For grants to complete design and construction of a multiuse paved trail and route for pedestrians, bicycles, and wheelchairs around White Bear Lake in Ramsey and Washington Counties, as follows:
(1) $2,600,000 of this
appropriation is for one or more grants to the city of Dellwood in Washington
County to design, engineer, construct, and equip trail improvements consistent
with the completed preliminary engineering along or parallel with the shore of
White Bear Lake between the Mahtomedi city limits and the western line of
Washington County Meadow Lane in the city of Dellwood. This appropriation may also be used for the
acquisition of permanent easements and right-of-way;
(2) $500,000 of this appropriation is for a grant to White Bear Township in Ramsey County to design, engineer, construct, and equip trail improvements along and parallel with the shore of White Bear Lake between the Washington County line and the city limits of the city of White Bear Lake, Ramsey County; and
(3) $500,000 of this appropriation is for a grant to the city of White Bear Lake in Ramsey County to design, engineer, construct, and equip trail improvements along or parallel with the shore of White Bear Lake between the eastern city limits of White Bear Lake and Pacific Avenue.
(1) Echo Street to Dwinnell
Avenue, along the railway bed;
(2) Yellow Birch Road to Echo Street, along Dellwood Avenue; and
(3) Meadow Lane to Yellow Birch Road, along Dellwood Avenue; and.
(4) from the intersection of
Dellwood Road and Dellwood Avenue to the intersection of Meadow Lane and
Dellwood Avenue, along Dellwood Avenue.
Amounts remaining after substantial completion of a trail segment or combination of segments under this paragraph may be applied to any other trail segment or combination of segments described in this paragraph.
(c) Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds for this project is available until December 31, 2028.
Sec. 3. Laws 2023, chapter 72, article 1, section 16, subdivision 19, is amended to read:
|
Subd. 19. Washington County; Interchange at Trunk Highway 36 and Lake Elmo Avenue |
|
|
10,000,000 |
From the bond proceeds account
in the state transportation fund, as provided in Minnesota Statutes, section
174.50, for a grant one or more grants to Washington County,
the city of Lake Elmo, or the city of Grant for property acquisition and to
predesign, design, construct, furnish, and equip a new interchange at marked
Trunk Highway 36 and County State-Aid Highway 17, known as Lake Elmo Avenue, in
Washington County. This appropriation is
for portions of the project that are eligible to be funded with general
obligation bonds.
Sec. 4. Laws 2023, chapter 72, article 1, section 21, subdivision 9, is amended to read:
|
Subd. 9. Oak
Park Heights; Redevelopment |
|
|
|
2,190,000 |
For a grant to the city of Oak
Park Heights to acquire property and to predesign and design public
infrastructure for development of the Allen S.
King power plant site in the city.
Public infrastructure includes clean water systems, sanitary sewer
systems, stormwater systems, roads, trails, and sidewalks. Notwithstanding Minnesota Statutes,
section 16A.642, the bond sale authorization and appropriation of bond proceeds
in this subdivision are available until December 31, 2029.
Sec. 5. EFFECTIVE
DATE.
This article is effective
the day following final enactment.
TEMPORARY REGISTRATION TAX REDUCTION
Section 1. TEMPORARY
REGISTRATION TAX REDUCTION.
Subdivision 1. Applicability. This section applies to taxes payable
under Minnesota Statutes, section 168.013, subdivision 1a, for a registration
period starting on or after January 1, 2027, and on or before December 31,
2027.
Subd. 2. Registration
tax reduction. For the period
specified in subdivision 1 only, the commissioner of public safety must
calculate the registration tax owed on a vehicle under Minnesota Statutes,
section 168.013, subdivision 1a, using the following rates instead of the rates
provided in that section:
(1) the rate for a
vehicle under Minnesota Statutes, section 168.013, subdivision 1a, paragraph
(a), clause (1), is 1.25 percent; and
(2) the rate for a
vehicle under Minnesota Statutes, section 168.013, subdivision 1a, paragraph
(a), clause (2), is 1.285 percent.
Subd. 3. Limitation. The amount paid or due on a vehicle
using the rates provided in subdivision 2 must be disregarded for the purposes
of Minnesota Statutes, section 168.013, subdivision 1a, paragraph (g).
Subd. 4. Implementation. The commissioner of public safety must
include the following information on a vehicle's registration tax invoice:
(1) a brief statement
informing the vehicle owner that, due to legislative action in 2026, the
registration tax rate for the vehicle has been temporarily reduced; and
(2) the difference
between the amount of registration tax that would have been due under Minnesota
Statutes, section 168.013, subdivision 1a, and the amount of registration tax
due under subdivision 2.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. TRANSFER.
$254,000,000 in fiscal
year 2027 is transferred from the general fund to the highway user tax
distribution fund. This is a onetime
transfer.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to state government; authorizing spending to acquire and better public land and buildings and for other improvements of a capital nature with certain conditions; establishing new programs and modifying existing programs; authorizing the conveyance of state bond-financed property; modifying and canceling prior appropriations; authorizing the sale and issuance of state bonds; appropriating money; providing for a temporary registration tax reduction; amending Minnesota Statutes 2024, sections 16A.86, subdivision 3a; 446A.077, subdivisions 3, 4; 446A.086, subdivision 11; 457A.03, subdivision 3; Minnesota Statutes 2025 Supplement, sections 134.45, subdivision 4; 446A.082; Laws 2020, Fifth Special Session chapter 3, article 1, sections 16, subdivision 39; 17, subdivision 13, as amended; Laws 2023, chapter 72, article 1, sections 16, subdivision 19; 21, subdivision 9."
The
motion prevailed and the amendment was adopted.
Page 2, line 12, delete "MacGrath" and insert "Magrath"
Page 2, line 17, before "hazardous" insert "demolition of existing space,"
Page 9, line 4, delete "repairs to" and insert "reconstruction of"
Page 16, line 31, delete "within the trunk highway system"
Page 20, line 18, after the period, insert "This appropriation is only for the general obligation bond eligible portions of the project."
Page 21, line 16, after the period, insert "This appropriation is only for the general obligation bond eligible portions of the project."
Page 71, line 20, after "Grant" insert ", or any combination of these entities,"
The
motion prevailed and the amendment was adopted.
Lee, F. moved to amend H. F. No. 719, the first engrossment, as amended, as follows:
Page 34, line 10, after the period, insert "This appropriation is in addition to the appropriation in Laws 2023, chapter 71, article 1, section 14, subdivision 10, as amended by Laws 2024, chapter 88, section 12, and is for the same purpose."
The
motion prevailed and the amendment was adopted.
The Speaker called Olson to the Chair.
H. F. No. 719, as amended, was read for
the third time.
LAY ON THE
TABLE
Niska moved that
H. F. No. 719, as amended, be laid on the table. The motion prevailed and
H. F. No. 719, as amended, was laid on the table.
CALENDAR FOR
THE DAY, Continued
H. F. No. 2484 was reported
to the House.
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
|
Section 1. CAPITAL
IMPROVEMENT APPROPRIATIONS. |
(a) The sums shown in the
column under "Appropriations" are appropriated from the general fund
in fiscal year 2027 to the state agencies or officials indicated, to be spent
for public purposes. These are onetime
appropriations. Unless otherwise
specified, money appropriated in this act is subject to paragraphs (b) to (e)
of this section.
(b) For any project
funded in whole or in part by this act, workers on the project must be paid at
least the prevailing wage rate as defined in Minnesota Statutes, section
177.42, subdivision 6, and the project is subject to the requirements and
enforcement provisions in Minnesota Statutes, sections 177.27, 177.30, 177.32,
and 177.41 to 177.45. For the purposes
of this paragraph, "project" means demolition, erection,
construction, remodeling, or repairing of a public building, facility, or other
public work financed in whole or part by state funds. Project also includes demolition, erection,
construction, remodeling, or repairing of a building, facility, or public work
when the acquisition of property, predesign, design, or demolition is financed
in whole or in part by state funds.
(c) Money appropriated in
this act: (1) is available for a grant
after the commissioner of management and budget determines that an amount
sufficient to complete the project as described in this act has been committed
to the project, as required by Minnesota Statutes, section 16A.502; (2) may be
used to pay state agency staff costs that are attributed directly to the
capital program or project for capitalizable staff costs; and (3) is available
until the project is completed or abandoned, subject to Minnesota Statutes,
section 16A.642.
(d) The sustainable
building guidelines under Minnesota Statutes, section 16B.325, are mandatory
for all new buildings and major renovations owned or to be owned by the state,
state agencies, Minnesota State Colleges and Universities, and the University of
Minnesota that are funded with an appropriation in this act.
(e) Recipients of grants
from money appropriated in this act must demonstrate to the commissioner of the
agency making the grant that the recipient has the ability and a plan to fund
the program intended for the facility. This
paragraph does not apply to state agencies.
|
|
|
|
APPROPRIATIONS |
|
Sec. 2. MINNESOTA STATE COLLEGES AND UNIVERSITIES |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$4,500,000 |
To the Board of Trustees of
the Minnesota State Colleges and Universities for the purposes specified in
this section.
|
Subd. 2. Systemwide
Demolition |
|
|
|
3,000,000 |
For demolition and removal
of obsolete and underutilized buildings and infrastructure and restoration of
the vacant sites to reduce operations, maintenance, and capital renewal costs
on Minnesota State Colleges and Universities campuses.
|
Subd. 3. Winona State University |
|
|
|
1,500,000 |
To establish physical space
and programming on the Winona State University campus dedicated to a
legislative engagement center.
|
Sec. 3. EDUCATION
|
|
|
|
$808,000 |
To the commissioner of
education for a grant to the Lower Sioux Indian Community in Redwood County for
predesign and design of a Dakota language immersion public charter school for
birth through grade 4.
|
Sec. 4. NATURAL
RESOURCES |
|
|
|
$400,000 |
To the commissioner of
natural resources for a grant to the Pickwick Mill Inc., for improvements and
repairs to the historic Pickwick Mill Dam in Winona County.
|
Sec. 5. POLLUTION
CONTROL AGENCY |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$775,000 |
To the Pollution Control
Agency for the purposes specified in this section.
|
Subd. 2. Statewide Drinking Water Contamination Mitigation |
|
|
650,000 |
For projects or grants
under Minnesota Statutes, section 115B.245.
|
Subd. 3. Infectious
Waste Study |
|
|
|
125,000 |
To conduct a study of
unlawful shipment of infectious or pathological waste as provided in article 2.
|
Sec. 6. PUBLIC
SAFETY |
|
|
|
$400,000 |
To the commissioner of
public safety for a grant to the city of Medford to acquire property for and to
predesign and design a fire station.
|
Sec. 7. TRANSPORTATION
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$4,550,000 |
To the commissioner of
transportation for the purposes specified in this section.
|
Subd. 2. 70th Street Interchange |
|
|
|
400,000 |
For preliminary design and
final design of an interchange at marked Trunk Highway 10/Trunk Highway 61 and
Washington County State-Aid Highway 22 (70th
Street) in the city of St. Paul Park.
|
Subd. 3. Hortman
Memorial Highway Signage |
|
|
|
750,000 |
To mark Trunk Highway 610
and erect appropriate signs in accordance
with Minnesota Statutes, section 161.14, subdivision 112.
|
Subd. 4. Ramsey; North Metro Local Road Planning Activities |
|
|
2,900,000 |
(a) For a grant to the city
of Ramsey for the activities stated in paragraph (b) to prepare for a new river
crossing and future improvements to road, transportation, and other
infrastructure in the area bounded by and inclusive of marked Trunk Highway 101,
U.S. Highway 10, U.S. Highway 169, marked Trunk Highway 610, and
marked Interstate Highway 94.
(b) This appropriation
includes money for the following activities:
(1) planning and
evaluation, environmental analysis, and design necessary for the river crossing
and future road, transportation, and other infrastructure improvements in the
project area;
(2) completion of Tier I
and environmental impact statements required for the project area; and
(3) assessment of the
impact of improvements to highways and roads in the project area on other local
infrastructure systems, including but not limited to water, wastewater, and
stormwater systems.
|
Subd. 5. Radar
Infrastructure Grants |
|
|
|
500,000 |
For radar
infrastructure grants as provided in article 2.
|
Sec. 8. HUMAN
SERVICES |
|
|
|
$550,000 |
To the commissioner of
human services for administration of emergency shelter facility grants.
|
Sec. 9. HEALTH
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$2,300,000 |
To the commissioner of
health for the purposes specified in this section.
|
Subd. 2. Drinking Water Planning Grants |
|
|
|
1,800,000 |
For drinking water
regionalization planning and assistance grants as provided in article 2.
|
Subd. 3. West
Central Dental Resources |
|
|
|
500,000 |
For a grant to West Central
Dental Resources, Inc., to furnish and equip a critical access dental clinic in
the city of Alexandria.
|
Sec. 10. VETERANS
AFFAIRS |
|
|
|
$350,000 |
To the commissioner of
veterans affairs for a grant to Stillwater Veterans Memorial to expand a
veterans' memorial in Stillwater Veterans Memorial Park in the city of
Stillwater.
|
Sec. 11. CORRECTIONS
|
|
|
|
$2,302,000 |
For asset preservation
improvement and betterments of a capital nature at Minnesota correctional
facilities statewide to be spent in accordance with Minnesota Statutes, section
16B.307. Notwithstanding the specified
uses of money under Minnesota Statutes, section 16B.307, the commissioner may
use the general fund appropriation for capital expenditures allowed under
Minnesota Statutes, section 16B.307, that do not constitute betterments and
capital improvements within the meaning of the Minnesota Constitution, article
XI, section 5, clause (a). The report
required under Minnesota Statutes, section 16B.307, subdivision 2, shall
include a list of all projects that have been paid for with this appropriation.
|
Sec. 12. EMPLOYMENT
AND ECONOMIC DEVELOPMENT |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$18,630,000 |
To the commissioner of
employment and economic development for the purposes specified in this section.
|
Subd. 2. Anoka;
Haven for Heroes |
|
|
|
500,000 |
For a grant to the city of
Anoka to renovate and repair Cottage 3 and the auditorium on the Haven for
Heroes campus. This appropriation
includes money for improvements of a capital nature, including major projects
to preserve or replace mechanical, electrical, plumbing, and security systems;
safety and energy efficiency upgrades; roof repairs; and site renovations to support
ongoing operations.
|
Subd. 3. South St. Paul; Public Works Facility |
|
|
|
2,250,000 |
For a grant to the city of
South St. Paul for environmental remediation activities and geotechnical
soil corrections at the new Public Works Central Maintenance Facility site at
675 Verderosa Avenue in the city of South St. Paul.
|
Subd. 4. City
of Ottertail; Veterans Memorial |
|
|
|
100,000 |
For a grant to the city of
Ottertail to design, construct, and equip site improvements and infrastructure
for a veterans memorial in the city of Ottertail.
|
Subd. 5. St. Paul;
Arena at the RiverCentre Complex |
|
|
|
10,000,000 |
For a grant to the city of
St. Paul for predesign and design of updates and improvements to the arena
at the RiverCentre complex.
|
Subd. 6. Capitol Area Economic Development Grant Program |
|
|
630,000 |
For a grant to the
St. Paul Port Authority for the Capitol Area economic development grant
program, established in Laws 2025, First Special Session chapter 14, section 3,
subdivision 3.
|
Subd. 7. St. Paul Port Authority; The Heights Redevelopment Site |
|
|
1,000,000 |
For a grant to the
St. Paul Port Authority for the contribution of improved land to housing
developers at the former Hillcrest Golf Course, now known as The Heights
redevelopment site in the city of St. Paul, for the purpose of developing
affordable rental and ownership housing units.
|
Subd. 8. Gammelgarden
Museum |
|
|
|
200,000 |
For a grant to the
Gammelgarden Museum of Scandia in the city of Scandia to preserve and restore
historically significant buildings on the grounds of the museum.
|
Subd. 9. Bridge
for Youth |
|
|
|
1,000,000 |
For a grant to The Bridge
for Youth for predesign, design, and land acquisition for a new multiuse
facility in Hennepin County. The new
facility shall include youth program and recreational space, administrative and
program office space, and up to 40 new units of transitional and affordable
housing and emergency shelter space for unaccompanied homeless youth and young
families experiencing homelessness.
|
Subd. 10. Center for Communication and Development |
|
|
1,000,000 |
For a grant to the Center
for Communication and Development to construct, furnish, and equip a new Center
for Communication and Development facility in the city of Minneapolis. This appropriation is in addition to the
appropriation in Laws 2025, First Special Session chapter 14, section 5.
|
Subd. 11. Neighborhood
HealthSource |
|
|
|
1,300,000 |
For a grant to Neighborhood
HealthSource to predesign, design, construct, furnish, and equip a new clinic
in North Minneapolis to relocate the clinic currently located on Fremont Avenue
in the city of Minneapolis. The new
clinic must be designed with affordable housing located above the clinic that
will be owned and managed by a different organization.
|
Subd. 12. New
Pathways |
|
|
|
250,000 |
For a grant to New Pathways,
Inc., to design, construct, furnish, and equip a regional shelter facility to
provide comprehensive support services for families with children experiencing
homelessness in the city of Cambridge and the surrounding area.
|
Subd. 13. Organization
of Liberians in Minnesota |
|
|
|
400,000 |
For a grant to the
Organization of Liberians in Minnesota (OLM) for the renovation, construction,
furnishing, and equipping of the organization's current community center in
Brooklyn Park to provide culturally appropriate programs and services to meet
the diverse needs of community members in the northwest suburbs.
|
Sec. 13. PUBLIC
FACILITIES AUTHORITY |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$10,600,000 |
To the Public Facilities
Authority for the purposes specified in this section.
|
Subd. 2. Apple Valley; Water Treatment Plant Improvements |
|
|
6,100,000 |
For a grant to the city of
Apple Valley to predesign and design the renovation and expansion of the
existing water treatment plant in the city to address perfluoroalkyl and
polyfluoroalkyl substances (PFAS) in the city's drinking water supply.
|
Subd. 3. North
St. Paul; Water Tower |
|
|
|
4,500,000 |
For a grant to the city of
North St. Paul to design, construct, and equip a new water tower.
|
Sec. 14. MINNESOTA HISTORICAL SOCIETY |
|
|
|
$300,000 |
To the Minnesota Historical
Society for a grant to Dakota County to design and construct wayfinding and
interpretive signage for the Heroes and Heritage Interpretive Trail Loop in
Dakota County.
ARTICLE 2
MISCELLANEOUS
Section 1. Minnesota Statutes 2024, section 161.14, is amended by adding a subdivision to read:
Subd. 112. Hortman
Memorial Highway. Marked
Trunk Highway 610 is designated as "Hortman Memorial Highway."
Subject to section 161.139, the commissioner must adopt a suitable design to
mark this highway and erect appropriate signs.
Sec. 2. Minnesota Statutes 2024, section 474A.02, subdivision 1a, is amended to read:
Subd. 1a. Aggregate
bond limitation. "Aggregate
bond limitation" means up to 55 percent of the reasonably expected
aggregate basis of a residential rental project and the land on which the
project is or will be located. the
greater of:
(1) 30 percent of the
reasonably expected aggregate basis of a residential rental project and the
land on which the project is or will be located; or
(2) the maximum
supportable permanent amortizing debt, subject to a maximum of 40 percent of
the reasonably expected aggregate basis of a residential rental project and the
land on which the project is or will be located.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 3. DRINKING
WATER REGIONALIZATION PLANNING AND ASSISTANCE GRANTS.
Subdivision 1. Eligible
recipients. Grants under this
section must be made available to counties, municipalities, and townships that
seek to undertake the process outlined in chapter 116A to establish or expand
regional drinking water systems.
Subd. 2. Eligible expenses. Grant funds must be used for planning activities, including feasibility studies, engineering analyses, legal and financial assessments, community engagement efforts, preliminary and final design work, and activities necessary for drinking water system establishment or expansion under chapter 116A to support regional drinking water infrastructure development.
Subd. 3. Grant
administration. By November
1, 2026, the commissioner of health must develop an application process and
selection criteria that prioritizes projects addressing aging infrastructure,
water quality, affordability, or economic development.
Subd. 4. Grant
maximum and match requirement. Grants
awarded under this section must not exceed $300,000 per grant recipient per
year. Grant recipients must provide
matching funds equaling at least 25 percent of the total grant amount. For any one regional drinking water system or
district, the commissioner may not award grants in a fiscal year that, in the
aggregate across all grant recipients involved with that drinking water system
or district, exceed 60 percent of the funds available for that fiscal year.
Subd. 5. Reporting. The commissioner of health must submit
a report to the chairs and ranking minority members of the legislative
committees with jurisdiction over water infrastructure by January 15, 2028,
summarizing the grants awarded, the progress of funded projects, and
recommendations for future funding to support drinking water regionalization
efforts.
Sec. 4. STUDY
OF UNLAWFUL SHIPMENT OF INFECTIOUS OR PATHOLOGICAL WASTE.
By January 15, 2027, the
commissioner of the Pollution Control Agency must submit a study to the chairs
and ranking minority members of the senate and house of representatives
committees and divisions with primary jurisdiction over environment and health
and human services on the unlawful transportation of infectious or pathological
waste to solid waste management facilities.
The study must include:
(1) an assessment of the
extent and frequency of unlawful transfer of infectious or pathological waste
to solid waste management facilities and an assessment of the costs associated
with those unlawful transfers;
(2) a survey of a
representative sample of known generators of infectious waste regarding current
practices for ensuring infectious and pathological waste is segregated from
other waste material as required by Minnesota Statutes, section 116.78; and
(3) recommendations for
legislative or policy changes that could be adopted to reduce the frequency and
cost of unlawful transfers of infectious or pathological waste, including an
estimate of the costs to state agencies.
In formulating these recommendations, the commissioner must consider
whether the following measures might contribute to a reduction in unlawful
transfers of infectious or pathological waste to solid waste management
facilities:
(i) imposing fines on
generators of infectious or pathological waste who arrange for its
transportation to solid waste management
facilities that have not been approved by the agency to accept infectious or
pathological waste; and
(ii) undertaking
unannounced inspections of infectious or pathological waste generators.
Sec. 5. APPLICABILITY
OF INCREASED FUNDING FOR WATER INFRASTRUCTURE GRANTS.
The maximum grant amount
for water infrastructure grants under Minnesota Statutes, section 446A.072,
subdivision 5a, as set forth in Laws 2025, First Special Session chapter 15,
article 2, section 5, is available to drinking water projects that received points
for consolidation on the Drinking Water Revolving Fund Project Priority List
subject to a grant agreement under Minnesota Statutes, section 446A.072,
subdivision 5a, as of September 1, 2024, or thereafter.
Sec. 6. RADAR
INFRASTRUCTURE GRANTS.
Subdivision 1. Purpose. The commissioner of transportation, in
consultation with the commissioner of public safety, shall make grants to
political subdivisions of the state, including airport authorities and airport
commissions, for the acquisition, design, construction, and installation of
mobile radar infrastructure and equipment to enhance airspace and marine
surveillance. Projects supported by this
appropriation shall provide statewide surveillance of low altitude airspace and
navigable waterways, detect and track intruding aircraft and vessels, assist
with drone traffic management and emergency response, and enhance collision and
obstruction avoidance for publicly owned airports and public waters.
Subd. 2. Grants. (a) Grants under this section may be
used for the following projects:
(1) procurement and
installation of radar sensors capable of detecting and tracking small, low
radar cross section targets to track aircraft, unmanned aerial vehicles, and
vessels across Minnesota's airspace and waterways;
(2) construction of radar towers; acquisition or leasing of temporary or mobile towers, shelters, and power infrastructure; installation of communications networks such as fiber optic lines or secure wireless links to allow real time remote display, alerting, and control;
(3) integration with
existing surveillance and air traffic systems, including automatic
identification system (AIS) and automatic dependent surveillance-broadcast
(ADS-B) data, and installation of ancillary equipment, including cameras,
forward looking infrared devices, and other sensors for consolidated
situational awareness; and
(4) site acquisition and
improvement for radar installations, including grading, foundations, and access
roads.
(b) Money from a grant
may also be used for training and technical support necessary to commission and
operate the capital project.
Sec. 7. MELISSA
HORTMAN MEMORIAL.
(a) $800,000 of the
appropriation to implement the updated Capitol Mall Design Framework under Laws
2023, chapter 62, article 1, section 11, subdivision 2, as amended by Laws
2025, chapter 39, article 1, section 39, is to design, procure, and install a tribute
recognizing Melissa Hortman. The tribute
shall be incorporated into the design of a memorial garden on the State Office
Building site by the Department of Administration. Minnesota Rules, part 2400.2703, shall not
apply to the activities funded under this section.
(b) Notwithstanding any
law or rule to the contrary, the Capitol Area Architectural and Planning Board
must select the artist to create the tribute via a competitive process and
obtain the approval of the immediate family of Melissa Hortman throughout the
selection and design approval process. The
tribute design shall include the likeness of Melissa Hortman and deceased
family members of Melissa Hortman.
Sec. 8. TRANSFER.
Notwithstanding
Minnesota Statutes, section 116L.20, subdivision 2, paragraph (a), $3,800,000
in fiscal year 2026 is transferred from the workforce development fund to the
general fund. This is a onetime
transfer.
Sec. 9. APPROPRIATION;
ZOOLOGICAL BOARD.
$3,800,000 in fiscal
year 2026 is appropriated to the Minnesota Zoological Board to address an
operational deficiency. This is a
onetime appropriation.
Sec. 10. APPROPRIATIONS;
STATE AIRPORTS.
Subdivision 1. Mankato
Regional Airport. $1,265,000
in fiscal year 2027 is appropriated from the state airports fund to the
commissioner of transportation for a grant to the city of Mankato to design,
construct, furnish, and equip an air traffic control tower facility at the
Mankato Regional Airport. This is a
onetime appropriation and is available until June 30, 2028.
Subd. 2. Duluth
International Airport. (a)
$2,000,000 in fiscal year 2027 is appropriated from the state airports fund to
the commissioner of transportation for a grant to the Duluth Airport Authority
to design, construct, furnish, and equip a new air traffic control tower and
base building to include office spaces, office support spaces, equipment rooms,
work spaces, and logistic support spaces at the Duluth International Airport. This project includes site and associated
site support area preparation, including demolition of obsolete buildings,
construction and installation of utilities and a stormwater retention system,
and existing fuel tank replacement. A
portion of this appropriation must be used as a match to federal funding for
the project.
(b) Notwithstanding
Minnesota Statutes, section 16B.98, subdivision 14, the commissioner must not
use any amount of this appropriation for administrative costs. This appropriation is in addition to the
appropriation under Laws 2025, First Special Session chapter 8, article 1,
section 2, subdivision 2, paragraph (a), clause (1). This appropriation is available until June
30, 2028.
(c) The base for this
appropriation is $2,000,000 in fiscal year 2028 and $0 in fiscal year 2029 and
thereafter.
EFFECTIVE DATE. This
section is effective July 1, 2026.
Sec. 11. CANCELLATIONS.
(a) The appropriation of
$4,500,000 in Laws 2023, chapter 71, article 1, section 14, subdivision 30, is
canceled.
(b) The appropriation of
$7,000,000 in Laws 2023, chapter 71, article 1, section 11, subdivision 2, is
canceled.
(c) $5,700,000 of the
appropriation in Laws 2021, First Special Session chapter 14, article 11,
section 42, as amended by Laws 2023, chapter 73, section 2, is canceled.
(d) $565,000 of the
appropriation in Laws 2021, First Special Session chapter 14, article 11,
section 41, is canceled.
Sec. 12. CORRIDORS
OF COMMERCE; EXTENSION.
(a) For purposes of this section, "relevant appropriations"
means the appropriations and bond sale authorizations in:
(1) Laws 2021, First
Special Session chapter 5, article 2, section 2, subdivision 1; and
(2) Laws 2023, chapter
68, article 2, section 2, subdivision 1.
(b) Notwithstanding any
law to the contrary, those portions of the relevant appropriations and bond
sale authorizations that the commissioner of transportation has awarded under
the corridors of commerce program to a project that provides for reconstruction
of marked Trunk Highway 13 in the cities of Savage and Burnsville are available
until June 30, 2029.
Sec. 13. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
APPROPRIATION MODIFICATIONS
Section 1. Laws 2023, chapter 37, article 1, section 2, subdivision 15, is amended to read:
|
Subd. 15. Capacity-Building
Grants |
|
3,145,000 |
|
3,145,000 |
(a) This appropriation is for capacity-building grants under Minnesota Statutes, section 462A.21, subdivision 3b. Of this amount, up to $170,000 in fiscal year 2024 is for Open Access Connections. The appropriation for Open Access Connections is onetime.
(b) $445,000 in fiscal year
2024 is for a grant to the Community Stabilization Project Merrick
Community Services to: (1) deliver
services and curriculum to renters and property owners in order to preserve
deeply affordable rental units in underrepresented communities; (2) help create
entry-level employment opportunities for renters; and (3) construct a secure
space for documents and identification for those experiencing homelessness. This is a onetime appropriation.
(c) The base for this program in fiscal year 2026 and beyond is $645,000.
Sec. 2. Laws 2023, chapter 71, article 1, section 10, subdivision 9, is amended to read:
|
Subd. 9. Hennepin
County; Railroad Crossing |
|
|
|
450,000 |
For one or more grants to
Hennepin County, the city of Medina, the city of Independence, or a combination
thereof, to design, engineer, and construct railroad crossing safety
improvements at Town Line Road in the city of Medina and the city of Independence. Notwithstanding Minnesota Statutes, section 16A.642, this appropriation is available
until December 31, 2029.
Sec. 3. Laws 2023, chapter 71, article 1, section 10, subdivision 10, is amended to read:
|
Subd. 10. Hutchinson;
Civil Air Patrol |
|
|
|
3,700,000 |
For a grant to the city of Hutchinson to predesign, design, construct, equip, and furnish a hangar and statewide training center for the Civil Air Patrol.
Sec. 4. Laws 2023, chapter 71, article 1, section 11, subdivision 7, as amended by Laws 2025, First Special Session chapter 15, article 3, section 5, is amended to read:
|
Subd. 7. Dellwood;
Lake Links Trail |
|
|
|
2,000,000 |
(a) For one or more grants to the city of Dellwood in Washington County to design, engineer, construct, and equip trail improvements consistent with the completed preliminary
(b) The city of
Dellwood may complete the trail improvements funded under paragraph (a) in the
following segments and in any order, and may enter into separate grant
agreements for each trail segment or any combination of segments:
(1) Echo
Street to Dwinnell Avenue;
(2) Yellow
Birch Road to Echo Street; and
(3) Meadow
Lane to Yellow Birch Road.
Amounts remaining after
substantial completion of a trail segment or combination of segments under this
paragraph may be applied to any other trail segment or combination of segments
described in this paragraph.
Sec. 5. Laws 2023, chapter 71, article 1, section 11, subdivision 9, is amended to read:
|
Subd. 9. Dakota
County; Thompson Park |
|
|
|
2,000,000 |
For a grant to Dakota County
for design of Thompson County Park Master Plan improvements, which may
include a land bridge over Highway 52, a pollinator promenade, a sensory
garden, restoration of historical stream corridor, farmstead interpretation,
Dakota Lodge renovations, a sound wall, a greenway rest area with picnic
shelter, and a sledding hill and construction of Dakota Lodge
improvements, park entry wayfinding and safety improvements, and an accessible
trail loop with inclusive nature play stations.
Sec. 6. Laws 2023, chapter 71, article 1, section 11, subdivision 15, as amended by Laws 2024, chapter 88, article 1, section 8, is amended to read:
|
Subd. 15. Ramsey
County; Rice Street Revitalization |
|
|
|
1,000,000 |
For one or more grants to Ramsey County, the city of Maplewood, the city of St. Paul, or the city of Roseville for the Rice Street revitalization project, to improve safety for users in the corridor with a focus on pedestrians and bicyclists. This appropriation includes money for predesign, design, environmental analysis, and
Sec. 7. Laws 2023, chapter 71, article 1, section 14, subdivision 25, is amended to read:
|
Subd. 25. Mendota
Heights; Pilot Knob |
|
|
|
1,850,000 |
For a grant to the city of
Mendota Heights for development of Oheyawahe (Pilot Knob), a culturally,
historically, and environmentally important site and Dakota sacred site located
at 2100 Pilot Knob Road in Mendota Heights, overlooking the confluence of the
Mississippi and Minnesota Rivers, which is included on the National Register of
Historic Places. This appropriation
includes money to design and construct: multipurpose
gathering spaces, interpretation structures, trail connections and walkways,
parking, and other visitor amenities and infrastructure; grading, landscaping,
and other site and natural resource improvements including the planting and
restoration of native vegetation; and other betterments necessary to provide
safe and improved visitor access and preserve the site as a public natural area. Notwithstanding Minnesota Statutes,
section 16A.642, the appropriation for this project is available until December
31, 2029.
Sec. 8. Laws 2023, chapter 71, article 1, section 14, subdivision 35, is amended to read:
|
Subd. 35. St. Paul;
Inclusive Playground |
|
|
|
2,500,000 |
For a grant to the city of
St. Paul to construct, furnish, and equip an inclusive and accessible
playground in the city of St. Paul.
"Inclusive and accessible playground" as used in this
subdivision means a playground, planned and designed in partnership with
community stakeholders, designed to be safe and accessible to all children,
including those with intellectual, developmental, or physical disabilities. Notwithstanding Minnesota Statutes,
section 16A.642, the appropriation for this project is available until December
31, 2029.
Sec. 9. Laws 2023, chapter 71, article 1, section 14, subdivision 43, is amended to read:
|
Subd. 43. Accessible
Space |
|
|
|
1,150,000 |
For a grant to Accessible
Space, Inc., grants for capital improvements of to
low-income accessible housing units located at 814 Iglehart Avenue, 825
Selby Avenue, and 135 to 154 Western Avenue South in the city of St. Paul;
1370 Curve Crest Boulevard in the city of Stillwater; and 1074 Roselawn Avenue
West in the . Of this appropriation, $183,000 is for a
grant to ASI Homes, Inc., to construct capital improvements of low-income
accessible housing units located at 814 Iglehart Avenue and 825 Selby Avenue in
the city of St. Paul; $250,000 is for a grant to ASI Stillwater, Inc., to
construct capital improvements of low-income accessible housing units located
at 1370 Curve Crest Boulevard in the city of Stillwater; $417,000 is for a
grant to ASI Roseville, Inc., to construct capital improvements of low-income
accessible housing units located at 1074 Roselawn Avenue West in the city of
Roseville; and $300,000 is for a grant to Twin Ports Accessibility Project,
Inc., to construct capital improvements of low-income accessible housing units
located at 135 to 154 Western Avenue South in the city of St. Paul.
city of Roseville
Sec. 10. Laws 2023, chapter 71, article 1, section 14, subdivision 46, is amended to read:
|
Subd. 46. Agate
Housing and Services |
|
|
|
5,000,000 |
(a) For a grant to Agate Housing and Services to design, construct, equip, and furnish a shelter facility in the city of Minneapolis for those experiencing homelessness.
(b) Any money
remaining after the project in paragraph (a) is completed may be used to
predesign, design, furnish, equip, renovate, and construct a second shelter
facility to be located in the city of Minneapolis.
Sec. 11. Laws 2023, chapter 71, article 1, section 14, subdivision 47, is amended to read:
|
Subd. 47. Ain
Dah Yung Center |
|
|
|
2,200,000 |
For a grant to the Ain Dah
Yung (Our Home) Center to predesign, design, construct, furnish, and
equip the renovation of the emergency shelter and youth lodge in the
city of St. Paul. The renovations
include tuckpointing, electric upgrades, ADA access, emergency fire escape, and
bathroom renovation for the emergency shelter.
This appropriation also includes money for roof replacement, electric
upgrades, and ADA access for the youth lodge.
Sec. 12. Laws 2023, chapter 71, article 1, section 14, subdivision 50, is amended to read:
|
Subd. 50. Appetite
For Change |
|
|
|
1,500,000 |
For a grant to Appetite for
Change to acquire property, predesign, and design a facility that will provide
access to food, workforce development, urban agriculture, and health and
wellness services in the city of Minneapolis.
Notwithstanding Minnesota Statutes, section 16A.642, the
appropriation for this project is available until December 31, 2029.
|
Subd. 54. CornerHouse
|
|
|
|
2,750,000 |
For a grant to CornerHouse to
acquire property for a new facility in Hennepin County. Notwithstanding Minnesota Statutes,
section 16A.642, the appropriation for this project is available until December
31, 2029.
Sec. 14. Laws 2023, chapter 71, article 1, section 14, subdivision 56, is amended to read:
|
Subd. 56. Division
of Indian Work |
|
|
|
500,000 |
For a grant to the Division of
Indian Work (DIW) to predesign the renovation of demolish
property it currently owns, which formerly served as a transitional housing
facility for teen mothers, and the renovation and to renovate and
make capital repairs of to the DIW's existing facility at
1001 East Lake Street in the city of Minneapolis, and to predesign an
expansion of the facility at 1001 East Lake Street, to better carry out its
mission of providing support and strength to urban American Indian people
through a full spectrum of culturally based programming.
Sec. 15. Laws 2023, chapter 71, article 1, section 14, subdivision 66, as amended by Laws 2024, chapter 88, article 1, section 22, is amended to read:
|
Subd. 66. Irreducible
Grace Foundation |
|
|
|
1,500,000 |
For a grant to the Irreducible
Grace Foundation to acquire and to design, construct, furnish, and equip the
renovation of existing multiunit residential housing in the Rondo or Frogtown
neighborhood in the city of St. Paul to be owned and managed by the
Irreducible Grace Foundation to provide approximately 12 to 14 units of housing
for youth and young adults facing homelessness.
Notwithstanding Minnesota Statutes, section 16A.642, the
appropriation for this project is available until December 31, 2029.
Sec. 16. Laws 2023, chapter 71, article 1, section 14, subdivision 75, is amended to read:
|
Subd. 75. MNI
Sota Fund |
|
|
|
1,000,000 |
For a grant to MNI Sota Fund
to acquire real property for and to design a new facility in the city of
Minneapolis. MNI Sota Fund will create
an Indigenous asset building center equipped with classrooms, office space, and
a small business incubator to support aspiring American Indian entrepreneurs
and homeowners. Notwithstanding
Minnesota Statutes, section 16A.642, the appropriation for this project is
available until December 31, 2029.
|
Subd. 91. Sanneh
Foundation |
|
|
|
1,820,000 |
For a grant to the Sanneh
Foundation to acquire property for and to predesign and design an
Innovation Center in the city of St. Paul for community gathering,
training, and for supportive housing to host teacher pathway candidates and
future educators, nonprofit service providers, AmeriCorps members, workforce
and human development participants and programs, and other community
employees serving the public.
Sec. 18. Laws 2023, chapter 71, article 1, section 15, subdivision 9, is amended to read:
|
Subd. 9. Lincoln-Pipestone
Rural Water System |
|
|
|
11,500,000 |
(a) For one or more grants to the Lincoln-Pipestone Rural Water System for the purposes described in this subdivision.
(1) $4,000,000 of this
appropriation is to design, construct, and equip a biological filtration
water source improvements and water treatment system improvements
for the reduction of nitrate removal and other contaminants.
(2) $2,500,000 of this appropriation is to design and construct improvements and betterments of a capital nature to water treatment facilities in Fortier Township, including contact basin and water storage improvements.
(3) $5,000,000 of this appropriation is to acquire property and to design and construct water storage and distribution infrastructure, including booster stations and new water connecting pipelines.
(b) Notwithstanding
Minnesota Statutes, section 16A.642, this appropriation is available until
December 31, 2028.
Sec. 19. Laws 2023, chapter 72, article 2, section 3, subdivision 14, is amended to read:
|
Subd. 14. Sauk
River Watershed District; |
|
|
1,400,000 |
For a grant to the Sauk River
Watershed District to design, construct, and equip a gravity an
outlet conveyance system, including an upstream control structure at the outlet
location, to direct water from Long Lake in Birchdale Township in Todd County
to Sauk Lake an appropriate downstream outlet in Todd County to mitigate issues caused by high water
levels in Long Lake.
Sec. 20. Laws 2023, chapter 72, article 2, section 9, subdivision 5, is amended to read:
|
Subd. 5. Forest
Lake; Veterans Memorial |
|
|
|
250,000 |
For a grant to the city of
Forest Lake Veterans Memorial Committee to construct a memorial to
veterans of the United States armed forces at Lakeside Memorial Park.
|
Subd. 12. Winona;
Mississippi |
|
|
|
5,000,000 |
For a grant to the city of
Winona for final design, engineering, and construction of a bridge and
bridge approaches connecting to Chestnut Street at one end and Carimona Street
at the other end as part of the multipurpose nonmotorized Riverfront Trail from
Levee Park to Lions Park trail segment to connect portions of the
Mississippi Riverfront Trail between Levee Park and Lions Park. Any unspent portion of this appropriation
remaining after completion of the project listed in this subdivision, after
written notice to the commissioner of management and budget, is available for
final design, engineering, and construction to extend the Mississippi
Riverfront Trail in the city of Winona.
Sec. 22. Laws 2023, chapter 72, article 2, section 10, subdivision 10, is amended to read:
|
Subd. 10. North Zumbro Sanitary District; Wastewater Treatment Facility |
|
|
10,000,000 |
For a grant to the joint
powers sanitary district created pursuant to Minnesota Statutes, section
471.59, comprising the cities of Zumbrota, Goodhue, Pine Island, and Wanamingo,
to acquire property for and to predesign design and engineer a
new state‑of‑the-art regional wastewater treatment facility to be located in
Goodhue County and to serve as a regional wastewater facility prototype. This facility shall provide wastewater
treatment service for the Elk Run settlement lands of the Prairie Island Indian
Community, which shall connect to existing wastewater infrastructure in the
city of Pine Island. This appropriation
includes money for improvements and betterments of a capital nature, including
the demolition of the existing wastewater treatment structures and related
infrastructure, and construction of infrastructure necessary to connect the
new facility to the communities in the sanitary district and for the facility
to serve its intended purpose.
Sec. 23. Laws 2023, chapter 72, article 2, section 11, is amended to read:
|
Sec. 11. MINNESOTA
HISTORICAL SOCIETY |
|
|
|
$2,100,000 |
To the Minnesota Historical
Society for a grant to Dodge County to predesign, design, and construct the
stabilization of the Wasioja Historic District seminary ruins; and
to predesign, design, and construct a walkway to the middle of the ruins to
preserve and enhance access to the ruins; and to construct a fence
surrounding the ruins.
|
Sec. 6. |
$-0- |
|
$5,000,000 |
Cedar Riverside Recreation Center.
$5,000,000 in fiscal year 2025 is for a payment grant
to the Minneapolis Park and Recreation Board for the design, development, and
construction of the new Cedar Riverside Recreation Center to serve the largest
immigrant population center in the state.
This is a onetime appropriation available until June 30, 2028.
Sec. 25. EFFECTIVE
DATE.
This article is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to capital investment; authorizing spending to acquire and better land and buildings and for other improvements of a capital nature with certain conditions; establishing new programs and modifying existing programs; requiring a report; modifying and canceling prior appropriations; appropriating money; amending Minnesota Statutes 2024, sections 161.14, by adding a subdivision; 474A.02, subdivision 1a; Laws 2023, chapter 37, article 1, section 2, subdivision 15; Laws 2023, chapter 71, article 1, sections 10, subdivisions 9, 10; 11, subdivisions 7, as amended, 9, 15, as amended; 14, subdivisions 25, 35, 43, 46, 47, 50, 54, 56, 66, as amended, 75, 91; 15, subdivision 9; Laws 2023, chapter 72, article 2, sections 3, subdivision 14; 9, subdivisions 5, 12; 10, subdivision 10; 11; Laws 2024, chapter 125, article 8, section 6."
The
motion prevailed and the amendment was adopted.
Scott moved to amend H. F. No. 2484, the second engrossment, as amended, as follows:
Page 27, after line 9, insert:
"Sec. 25. REPEALER.
Laws 2025, First Special Session chapter
8, article 1, section 19, is repealed.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Scott
amendment and the roll was called. There
were 66 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The
motion did not prevail and the amendment was not adopted.
Lee, F. moved to amend H. F. No. 2484, the second engrossment, as amended, as follows:
Page 3, line 16, after the period, insert "This appropriation is not an appropriation for a capital improvement project within the meaning of Minnesota Statutes, section 16A.642, notwithstanding the requirements in section 1, paragraphs (b) to (e). This appropriation is available until June 30, 2031."
Page 4, line 4, after the period, insert "This appropriation is not an appropriation for a capital improvement project within the meaning of Minnesota Statutes, section 16A.642, notwithstanding the requirements in section 1, paragraphs (b) to (e). This appropriation is available until June 30, 2031."
Page 5, line 3, after the period, insert "This appropriation is not an appropriation for a capital improvement project within the meaning of Minnesota Statutes, section 16A.642, notwithstanding the requirements in section 1, paragraphs (b) to (e). This appropriation is available until June 30, 2031."
Page 5, line 10, after the period, insert "This appropriation is not an appropriation for a capital improvement project within the meaning of Minnesota Statutes, section 16A.642, notwithstanding the requirements in section 1, paragraphs (b) to (e). This appropriation is available until June 30, 2031."
Page 5, delete section 10
Page 7, line 12, after the period, insert "This appropriation is added to and is for the same purpose as the appropriation in Laws 2025, First special session chapter 14, section 3, subdivision 3."
Page 7, line 15, delete everything after "the" and insert "city of St. Paul for the design and construction of a city park at the former Hillcrest Golf Course, now known as The Heights."
Page 9, after line 5, insert:
|
"Subd. 14. Stillwater
Veterans Memorial |
|
|
|
350,000
|
For a grant to Stillwater Veterans Memorial to expand a veterans' memorial in Stillwater Veterans Memorial Park in the city of Stillwater."
Renumber the sections in sequence and adjust amounts accordingly
The
motion prevailed and the amendment was adopted.
H.
F. No. 2484, as amended, was read for the third time.
LAY ON THE
TABLE
Niska moved that
H. F. No. 2484, as amended, be laid on the table. The motion prevailed and
H. F. No. 2484, as amended, was laid on the table.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 2438
A bill for an act relating to transportation; establishing a budget for transportation; appropriating money for transportation purposes, including Department of Transportation, Department of Public Safety, and Metropolitan Council activities; modifying prior appropriations; transferring money; modifying various policy and finance provisions; modifying and providing for allocation of certain fees; directing certain rulemaking; requiring studies; modifying and requiring certain legislative reporting; amending Minnesota Statutes 2024, sections 4.076, subdivisions 4, 5; 161.115, subdivision 177; 161.178, subdivisions 1, 2a, 8, by adding a subdivision; 162.16; 168.002, subdivision 6; 168.013, subdivision 1m; 168.091; 168.1287, subdivisions 1, 5; 168.27, subdivisions 8, 11, 16, 22; 168.33, by adding a subdivision; 168A.11, subdivision 1; 168E.01, by adding subdivisions; 168E.05, subdivision 1; 169.011, subdivision 36; 169.06, subdivision 5; 169.09, subdivision 8; 169.14, subdivision 1a; 169.686, subdivision 1; 169.865, subdivisions 1a, 3; 169A.55, subdivision 5; 171.01, by adding a subdivision; 171.05, subdivision 1; 171.06, by adding a subdivision; 171.0605, subdivision 2, by adding a subdivision; 171.061, by adding a subdivision; 171.13, subdivisions 7, 8; 171.17, subdivision 1; 171.2405, subdivision 1; 171.301, subdivision 1; 171.306, subdivisions 1, 4; 174.02, by adding a subdivision; 174.03, subdivision 12, by adding a subdivision; 174.07, subdivision 3; 174.38, subdivision 4; 174.49, by adding a subdivision; 174.56; 174.634, subdivision 2; 289A.51, subdivisions 1, 3, 4; 297A.993, subdivision 2a; 299A.01, by adding a subdivision; 360.511, by adding subdivisions; 360.55, subdivisions 4, 4a, 8, by adding a subdivision; 398A.04, by adding a subdivision; 473.13, by adding a subdivision; 473.39, subdivision 6, by adding subdivisions; 473.408, by adding a subdivision; 473.4465, subdivision 4, by adding a subdivision; Laws 2021, First Special Session chapter 5, article 1, section 2, subdivision 2, as amended; Laws 2021, First Special Session chapter 14, article 11, section 45; Laws 2023, chapter 60, article 10, section 9; Laws 2023, chapter 68, article 1, section 2, subdivisions 2, 3; article 4, section 109; Laws 2024, chapter 127, article 1, section 2, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 137; 168; 168A; 174.
The Honorable Lisa M. Demuth
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
We, the undersigned conferees for H. F. No. 2438 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2438 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
FEDERAL CONFORMITY
Section 1. Minnesota Statutes 2024, section 289A.02, subdivision 7, is amended to read:
Subd. 7. Internal
Revenue Code. Unless specifically
defined otherwise, "Internal Revenue Code" means the Internal Revenue
Code of 1986, as amended through May 1, 2023 2026.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time the changes were
effective for federal purposes.
Sec. 2. Minnesota Statutes 2024, section 290.01, subdivision 19, as amended by Laws 2026, chapter 88, article 1, section 170, is amended to read:
Subd. 19. Net income. (a) For a trust or estate taxable under section 290.03, and a corporation taxable under section 290.02, the term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in sections 290.0131 to 290.0136 and 290.035.
(b) For an individual, the term "net
income" means federal adjusted gross income with the modifications
provided in sections 290.0131, 290.0132, and 290.0135 to 290.0137,
and 290.035.
(c) In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that:
(1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply;
(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and
(d) The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code.
(e) The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code.
(f) The Internal Revenue Code of 1986, as
amended through May 1, 2023 2026, applies for taxable years
beginning after December 31, 1996.
(g) Except as otherwise provided, references to the Internal Revenue Code in this subdivision and sections 290.0131 to 290.0136 mean the code in effect for purposes of determining net income for the applicable year.
(h) In the case of a partnership electing
to file a composite return under section 289A.08, subdivision 7, "net
income" means the partner's share of federal adjusted gross income from
the partnership modified by section 290.035 and the additions provided
in section 290.0131, subdivisions 8 to 10, 16, 17, and 19, and 24 to
26, and the subtractions provided in:
(1) section 290.0132, subdivisions 9, 27, 28, and 31, 40, and
41, to the extent the amount is assignable or allocable to Minnesota under
section 290.17; and (2) section 290.0132, subdivision 14. The subtraction allowed under section
290.0132, subdivision 9, is only allowed on the composite tax computation to
the extent the electing partner would have been allowed the subtraction.
(i) In the case of a qualifying entity
electing to pay the pass-through entity tax under section 289A.08, subdivision
7a, "net income" means the qualifying owner's share of federal
adjusted gross income from the qualifying entity modified by section 290.035
and the additions provided in section 290.0131, subdivisions 5, 8 to 10,
16, 17, and 19, and 24 to 26, and the subtractions provided in: (1) section 290.0132, subdivisions 3, 9, 27,
28, and 31, 40, and 41, to the extent the amount is assignable or
allocable to Minnesota under section 290.17; and (2) section 290.0132,
subdivision 14. The subtraction allowed
under section 290.0132, subdivision 9, is only allowed on the pass-through
entity tax computation to the extent the qualifying owners would have been
allowed the subtraction. The income of
both a resident and nonresident qualifying owner is allocated and assigned to
this state as provided for nonresident partners and shareholders under sections
290.17, 290.191, and 290.20.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time the changes were
effective for federal purposes.
Sec. 3. Minnesota Statutes 2024, section 290.01, subdivision 31, is amended to read:
Subd. 31. Internal
Revenue Code. Unless specifically
defined otherwise, "Internal Revenue Code" means the Internal Revenue
Code of 1986, as amended through May 1, 2023 2026. Internal Revenue Code also includes any
uncodified provision in federal law that relates to provisions of the Internal
Revenue Code that are incorporated into Minnesota law.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time the changes were
effective for federal purposes.
Subd. 4. Charitable
contributions. (a) A taxpayer is
allowed a deduction for charitable contributions. The deduction equals the amount of the
charitable contribution deduction allowable to the taxpayer under section 170
of the Internal Revenue Code, including the denial of the deduction under
section 408(d)(8), except that the provisions of section 170(b)(1)(G) apply
regardless of, notwithstanding section 170(b)(1)(I) of the Internal
Revenue Code, the deduction is limited to contributions in excess of one
percent of the taxpayer's contribution base for the taxable year.
(b) For taxable years beginning after December 31, 2017, the determination of carryover amounts must be made by applying the rules under section 170 of the Internal Revenue Code based on the charitable contribution deductions claimed and allowable under this section.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 5. Minnesota Statutes 2024, section 290.0131, subdivision 15, is amended to read:
Subd. 15. 529 plan addition. The lesser of the following amounts is an addition:
(1) the total distributions for the
taxable year from a qualified plan under section 529 of the Internal Revenue
Code, owned by the taxpayer, that are expended for:
(i) qualified higher education
expenses under section 529(c)(7) of the Internal Revenue Code (expenses for
tuition for elementary or secondary public, private, or religious school); and
(ii) qualified postsecondary credentialing expenses, as defined in section 529(f) of the Internal Revenue Code; or
(2) the total amount required to be reported to the taxpayer by any trustee of a qualified tuition plan under section 529 of the Internal Revenue Code as earnings on Internal Revenue Service Form 1099Q for the taxable year.
EFFECTIVE
DATE. This section is
effective retroactively from the same time as the changes under section 70414
of Public Law 119-21 became effective.
Sec. 6. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision to read:
Subd. 21. Disallowed
educational assistance payments. (a)
The amount of disallowed educational assistance payments is an addition.
(b) For the purposes of this
subdivision, "disallowed educational assistance payments" means the
following amounts that are excluded from gross income under section 127 of the
Internal Revenue Code:
(1) payments of principal and interest
described in section 127(c)(1)(B) of the Internal Revenue Code; plus
(2) the combined amount of educational
assistance described in sections 127(c)(1)(A) and 127(c)(1)(C) of the Internal
Revenue Code in excess of $5,250.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 7. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision to read:
Subd. 22. Qualified
transportation fringe. (a)
The amount of qualified transportation fringe in excess of the prior law limit
is an addition.
(b) For the purposes
of this subdivision:
(1) "prior law limit" means
the limitation under section 132(f)(2) of the Internal Revenue Code, except
adjusted for inflation by substituting "1998" for "1997" in
section 132(f)(6) of the Internal Revenue Code; and
(2) "qualified transportation
fringe" has the meaning given in section 132(f) of the Internal Revenue
Code.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 8. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision to read:
Subd. 23. Services
performed in the Sinai Peninsula and other areas. The amount excluded from gross income
attributable to services performed in the areas listed in section 70118 of
Public Law 119-21 is an addition.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 9. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision to read:
Subd. 24. Opportunity
zone capital gain income. (a)
The amount of opportunity zone capital gain income is an addition.
(b) For the purposes of this
subdivision, "opportunity zone capital gain income" equals the sum
of:
(1) the amount of gains the taxpayer
excluded from gross income or deferred in the taxable year under section
1400Z-2(a) of the Internal Revenue Code due to a deferral under section
1400Z-2(b)(1) of the Internal Revenue Code; and
(2) for a gain on an investment in the
taxable year, the amount by which the taxpayer's basis in the investment was
increased under section 1400Z-2(b)(2)(B) or 1400Z-2(c) of the Internal Revenue
Code.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2026.
Sec. 10. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision to read:
Subd. 25. Interest
on loans secured by rural or agricultural real property. The amount of interest excluded from
gross income under section 139L of the Internal Revenue Code is an addition.
EFFECTIVE
DATE. This section is
effective retroactively from the same time as section 70435 of Public Law
119-21 became effective.
Sec. 11. Minnesota Statutes 2024, section 290.0131, is amended by adding a subdivision to read:
Subd. 26. Business
meals provided on fishing boats or at fish processing facilities; expenses for
bona fide transactions. The
sum of the following amounts is an addition:
(1) the amount of business meal
expenses in excess of the 50 percent limitation that are allowed as a deduction
under section 274(n)(2)(C) of the Internal Revenue Code; plus
(2) the amount of expenses allowed as a
deduction under section 274(e)(8) of the Internal Revenue Code.
EFFECTIVE DATE. This section is effective for taxable
years beginning after December 31, 2025.
Subd. 40. Previously
taxed capital gains in an opportunity zone.
The amount of a gain that was deferred under section 1400Z-2 of
the Internal Revenue Code that was previously recognized as an addition under
section 290.0131, subdivision 24, and was recognized in the taxable year is a
subtraction. The subtraction is not
allowed for the increase in basis described in section 290.0131, subdivision
24, paragraph (b), clause (2).
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2026.
Sec. 13. Minnesota Statutes 2024, section 290.0132, is amended by adding a subdivision to read:
Subd. 41. Net
CFC tested income. The amount
calculated under section 290.034, paragraph (a), clause (2), is a subtraction. The subtraction must not exceed the amount of
net CFC tested income calculated under section 290.034 for the taxable year.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 14. Minnesota Statutes 2024, section 290.0133, is amended by adding a subdivision to read:
Subd. 16. Research
and experimental expenditures amortization.
(a) Eighty percent of the amount of the deduction claimed for
domestic research or experimental expenditures under section 174A(a) of the
Internal Revenue Code is an addition.
(b) For a taxpayer making the election
under Public Law 119-21, section 70302, subsection (f)(1), 80 percent of the
amount of any deduction claimed retroactively for a taxable year is an
addition.
(c) For a taxpayer making an election
under Public Law 119-21, section 70302, subsection (f)(2)(A)(i) or (ii), the
amount of the deduction claimed for unamortized amounts is an addition.
EFFECTIVE
DATE. Paragraphs (a) and (c)
are effective retroactively for taxable years beginning after December 31, 2024. Paragraph (b) is effective retroactively for
taxable years beginning after December 31, 2021.
Sec. 15. Minnesota Statutes 2024, section 290.0133, is amended by adding a subdivision to read:
Subd. 17. Opportunity
zone capital gain income. (a)
The amount of opportunity zone capital gain income is an addition.
(b) For the purposes of this
subdivision, "opportunity zone capital gain income" equals the sum
of:
(1) the amount of gains the taxpayer
excluded from gross income or deferred in the taxable year under section
1400Z-2(a) of the Internal Revenue Code due to a deferral under section
1400Z-2(b)(1) of the Internal Revenue Code; and
(2) for a gain on an investment in the
taxable year, the amount by which the taxpayer's basis in the investment was
increased under section 1400Z-2(b)(2)(B) or 1400Z-2(c) of the Internal Revenue
Code.
EFFECTIVE DATE. This section is effective for taxable
years beginning after December 31, 2026.
Subd. 18. Interest
on loans secured by rural or agricultural real property. The amount of interest excluded from
gross income under section 139L of the Internal Revenue Code is an addition.
EFFECTIVE
DATE. This section is
effective retroactively from the same time as section 70435 of Public Law
119-21 became effective.
Sec. 17. Minnesota Statutes 2024, section 290.0133, is amended by adding a subdivision to read:
Subd. 19. Business
meals provided on fishing boats or at fish processing facilities; expenses for
bona fide transactions. The
sum of the following amounts is an addition:
(1) the amount of business meal
expenses in excess of the 50 percent limitation that are allowed as a deduction
under section 274(n)(2)(C) of the Internal Revenue Code; plus
(2) the amount of expenses allowed as a
deduction under section 274(e)(8) of the Internal Revenue Code.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 18. Minnesota Statutes 2024, section 290.0134, is amended by adding a subdivision to read:
Subd. 22. Research
and experimental expenditures amortization.
(a) In each of the four taxable years immediately following the
taxable year in which an addition is required under section 290.0133,
subdivision 16, paragraph (a) or (b), an amount equal to one-fourth of the
amount of the addition is a subtraction.
(b) For the taxable year in which an
addition is required under section 290.0133, subdivision 16, paragraph (c), and
for each of the taxable years immediately following that taxable year, an
amount equal to the amortized amount is a subtraction. For purposes of this paragraph,
"amortized amount" means the amount of the deduction allowed for an
expenditure in a taxable year under section 174A of the Internal Revenue Code
if the taxpayer did not make the election under Public Law 119-21, section
70302, subsection (f)(2)(A)(i) or (ii).
EFFECTIVE
DATE. Paragraph (a) is
effective retroactively for taxable years beginning after December 31, 2022. Paragraph (b) is effective retroactively for
taxable years beginning after December 31, 2024.
Sec. 19. Minnesota Statutes 2024, section 290.0134, is amended by adding a subdivision to read:
Subd. 23. Previously
taxed capital gains in an opportunity zone.
The amount of a gain that was deferred under section 1400Z-2 of
the Internal Revenue Code that was previously recognized as an addition under
section 290.0133, subdivision 17, and was recognized in the taxable year is a
subtraction. The subtraction is not
allowed for the increase in basis described in section 290.0133, subdivision
21, paragraph (b), clause (2).
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2026.
Sec. 20. Minnesota Statutes 2024, section 290.0134, is amended by adding a subdivision to read:
Subd. 24. Net
CFC tested income. The amount
calculated under section 290.034, paragraph (a), clause (2), is a subtraction. The subtraction must not exceed the amount of
net CFC tested income calculated under section 290.034 for the taxable year.
EFFECTIVE DATE. This section is effective for taxable
years beginning after December 31, 2025.
290.033
NET INVESTMENT INCOME TAX.
(a) For purposes of this section,
"net investment income" has the meaning given in section 1411(c) of
the Internal Revenue Code, excluding except:
(1) net investment income excludes
the net gain attributable to the disposition of property classified as class 2a
under section 273.13, subdivision 23; and
(2) net investment income is adjusted for capital gains in an opportunity zone, as provided in paragraph (e).
(b) In addition to the tax computed under section 290.06, subdivision 2c, a tax is imposed on the net investment income of individuals, estates, and trusts in excess of $1,000,000 at a rate of one percent.
(c) For an individual who is not a Minnesota resident for the entire taxable year, the tax under this subdivision must be calculated as if the individual is a Minnesota resident for the entire year, and that amount must be multiplied by a fraction in which:
(1) the numerator is net investment income allocable under section 290.17 to Minnesota; and
(2) the denominator is the total amount of net investment income for the taxable year.
(d) For an estate or trust, the tax on net investment income must be computed by multiplying the net investment income tax liability by a fraction, the numerator of which is the amount of the estate or trust's net investment income allocated to the state pursuant to the provisions of sections 290.17, 290.191, and 290.20, and the denominator of which is the taxpayer's total net investment income.
(e) For a taxpayer with an addition
under section 290.0131, subdivision 24, net investment income is increased by
the amount of the addition. For a
taxpayer with a subtraction under section 290.0132, subdivision 40, net
investment income is reduced by the amount of the subtraction.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2026.
Sec. 22. [290.034]
NET CFC TESTED INCOME.
(a) The amount of net CFC tested income
for Minnesota purposes is calculated as follows:
(1) any amounts included in federal
taxable income pursuant to section 951A of the Internal Revenue Code as
modified under section 290.035; minus
(2) the amount calculated under section
951A(b)(2)(A) of the Internal Revenue Code, as amended through May 1, 2023. The calculation excludes section
951A(b)(2)(B). Any internal references
to the calculation refer to the Internal Revenue Code as amended through May 1,
2023.
(b) The result of the calculation under
paragraph (a) must not be less than zero.
EFFECTIVE DATE. This section is effective for taxable
years beginning after December 31, 2025.
For purposes of determining a United
States shareholder's Net CFC tested income under section 951A of the Internal
Revenue Code or subpart F income under section 951 of the Internal Revenue
Code, the provisions of Public Law 119-21 relating to the permanent extension
of the look-thru rule under section 70351 do not apply.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time the changes were
effective for federal purposes.
Sec. 24. Minnesota Statutes 2025 Supplement, section 290.06, subdivision 2c, is amended to read:
Subd. 2c. Schedules of rates for individuals, estates, and trusts. (a) The income taxes imposed by this chapter upon married individuals filing joint returns and surviving spouses as defined in section 2(a) of the Internal Revenue Code must be computed by applying to their taxable net income the following schedule of rates:
(1) On the first $38,770, 5.35 percent;
(2) On all over $38,770, but not over $154,020, 6.8 percent;
(3) On all over $154,020, but not over $269,010, 7.85 percent;
(4) On all over $269,010, 9.85 percent.
Married individuals filing separate returns, estates, and trusts must compute their income tax by applying the above rates to their taxable income, except that the income brackets will be one-half of the above amounts after the adjustment required in subdivision 2d.
(b) The income taxes imposed by this chapter upon unmarried individuals must be computed by applying to taxable net income the following schedule of rates:
(1) On the first $26,520, 5.35 percent;
(2) On all over $26,520, but not over $87,110, 6.8 percent;
(3) On all over $87,110, but not over $161,720, 7.85 percent;
(4) On all over $161,720, 9.85 percent.
(c) The income taxes imposed by this chapter upon unmarried individuals qualifying as a head of household as defined in section 2(b) of the Internal Revenue Code must be computed by applying to taxable net income the following schedule of rates:
(1) On the first $32,650, 5.35 percent;
(2) On all over $32,650, but not over $131,190, 6.8 percent;
(3) On all over $131,190, but not over $214,980, 7.85 percent;
(4) On all over $214,980, 9.85 percent.
(e) An individual who is not a Minnesota resident for the entire year must compute the individual's Minnesota income tax as provided in this subdivision. After the application of the nonrefundable credits provided in this chapter, the tax liability must then be multiplied by a fraction in which:
(1) the numerator is the individual's Minnesota source federal adjusted gross income as defined in section 62 of the Internal Revenue Code and increased by:
(i) the additions required under sections 290.0131, subdivisions 2, 6, 8 to 10, 16, 17, 19, and 20 to 26, and 290.0137, paragraph (a); and reduced by
(ii) the Minnesota assignable portion of the
subtraction for United States government interest under section 290.0132,
subdivision 2, the subtractions under sections 290.0132, subdivisions 9, 14,
15, 18, 27, 31, and 32, 40, and 41, and 290.0137, paragraph (c),
after applying the allocation and assignability provisions of section 290.081,
clause (a), or 290.17; and
(2) the denominator is the individual's federal adjusted gross income as defined in section 62 of the Internal Revenue Code, increased by:
(i) the additions required under sections 290.0131, subdivisions 2, 6, 8 to 10, 16, 17, 19, and 20 to 26, and 290.0137, paragraph (a); and reduced by
(ii) the subtractions under sections
290.0132, subdivisions 2, 9, 14, 15, 18, 27, 31, and 32, 40, and 41,
and 290.0137, paragraph (c).
(f) If an individual who is not a Minnesota resident for the entire year is a qualifying owner of a qualifying entity that elects to pay tax as provided in section 289A.08, subdivision 7a, paragraph (b), the individual must compute the individual's Minnesota income tax as provided in paragraph (e), and also must include, to the extent attributed to the electing qualifying entity:
(1) in paragraph (e), clause (1), item (i), and paragraph (e), clause (2), item (i), the addition under section 290.0131, subdivision 5; and
(2) in paragraph (e), clause (1), item (ii), and paragraph (e), clause (2), item (ii), the subtraction under section 290.0132, subdivision 3.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time the changes were
effective for federal purposes.
Sec. 25. Minnesota Statutes 2024, section 290.06, subdivision 2h, is amended to read:
Subd. 2h. Section 529 plan recapture. (a) For the purposes of this subdivision:
(1) the definitions under section 290.0684 apply;
(2) "account owner" means an individual who owns one or more qualified accounts;
(4) "qualified higher education
expenses" has the meaning given in section 529(e)(3) of the Internal
Revenue Code, except:
(i) section 529(c)(7) does not apply; and
(ii) qualified higher education
expenses do not include qualified postsecondary credentialing expenses, as
defined in section 529(f) of the Internal Revenue Code; and
(5) "subtraction ratio" means the ratio of (i) the total amount of subtractions that an account owner claimed under section 290.0132, subdivision 23, for contributions to the account owner's qualified accounts to (ii) the total contributions in all taxable years to the account owner's qualified accounts.
(b) If a distribution from a qualified account is used for a purpose other than to pay for qualified higher education expenses, the account owner must pay an additional tax equal to:
(1) 50 percent of the product of the credit ratio and the amount of the distribution; plus
(2) ten percent of the product of the subtraction ratio and the amount of the distribution.
(c) The additional tax under this subdivision does not apply to any portion of a distribution that is subject to the additional tax under section 529(c)(6) of the Internal Revenue Code.
EFFECTIVE
DATE. This section is
effective retroactively from the same time as the changes under section 70414
of Public Law 119-21 became effective.
Sec. 26. Minnesota Statutes 2024, section 290.067, is amended to read:
290.067
DEPENDENT CARE CREDIT.
Subdivision 1. Amount
of credit. (a) A taxpayer may take
as a credit against the tax due from the taxpayer and a spouse, if any, under
this chapter an amount equal to the dependent care credit for which the
taxpayer is eligible pursuant to the provisions of section 21 of the Internal
Revenue Code except that in determining whether the child qualified as a
dependent, income received as a Minnesota family investment program grant or
allowance to or on behalf of the child must not be taken into account in determining
whether the child received more than half of the child's support from the
taxpayer the taxpayer's eligible dependent care expenses, as determined
under subdivision 1a, multiplied by the taxpayer's credit percentage, as
determined under subdivision 1b. The
credit is reduced by five percent of adjusted gross income in excess of $65,610.
(b) If a child who has not attained the
age of six years at the close of the taxable year is cared for at a licensed
family day care home operated by the child's parent, the taxpayer is deemed to
have paid employment-related expenses. If
the child is 16 months old or younger at the close of the taxable year, the
amount of expenses deemed to have been paid equals the maximum limit for one
qualifying individual under section 21(c) and (d) of the Internal Revenue Code. If the child is older than 16 months of age
but has not attained the age of six years at the close of the taxable year, the
amount of expenses deemed to have been paid equals the amount the licensee
would charge for the care of a child of the same age for the same number of
hours of care.
(c) If a taxpayer:
(1) has a child who has not attained
the age of one year at the close of the taxable year; and
(2) does not participate in a dependent
care assistance program as defined in section 129 of the Internal Revenue Code,
in lieu of the actual employment related expenses paid for that child under
paragraph (a) or the deemed amount under paragraph (b), the lesser of (i) the
earned income of the taxpayer or (ii) the amount of the maximum limit for one
qualifying individual under section 21(c) and (d) of the Internal Revenue Code
will be deemed to be the employment related expense paid for that child. The earned income limitation of section 21(d)
of the Internal Revenue Code shall not apply to this deemed amount. These deemed amounts apply regardless of
whether any employment-related expenses have been paid.
(d) If the taxpayer is not required and
does not file a federal individual income tax return for the tax year, no
credit is allowed for any amount paid to any person unless:
(1) the name, address, and taxpayer
identification number of the person are included on the return claiming the
credit; or
(2) if the person is an organization
described in section 501(c)(3) of the Internal Revenue Code and exempt from tax
under section 501(a) of the Internal Revenue Code, the name and address of the
person are included on the return claiming the credit.
In the case of a failure to provide the information
required under the preceding sentence, the preceding sentence does not apply if
it is shown that the taxpayer exercised due diligence in attempting to provide
the information required.
(e) (b) In the case of a
nonresident or part-year resident, the credit determined under this
section 21 of the Internal Revenue Code must be allocated based on
the ratio by which the earned income of the claimant and the claimant's spouse
from Minnesota sources bears to the total earned income of the claimant and the
claimant's spouse using the percentage calculated under section 290.06,
subdivision 2c, paragraph (e).
(f) For residents of Minnesota, the
subtractions for military pay under section 290.0132, subdivisions 11 and 12,
are not considered "earned income not subject to tax under this chapter."
(g) For residents of Minnesota, the
exclusion of combat pay under section 112 of the Internal Revenue Code is not
considered "earned income not subject to tax under this chapter."
(h) For taxpayers with federal adjusted
gross income in excess of $52,230, the credit is equal to the lesser of the
credit otherwise calculated under this subdivision, or the amount equal to $600
minus five percent of federal adjusted gross income in excess of $52,230 for
taxpayers with one qualifying individual, or $1,200 minus five percent of
federal adjusted gross income in excess of $52,230 for taxpayers with two or
more qualifying individuals, but in no case is the credit less than zero.
(c) For the purposes of this section,
the following terms have the meanings given:
(1) "employment-related
expenses" has the meaning given in section 21(b)(2) of the Internal
Revenue Code; and
(2) "qualifying individual"
has the meaning given in section 21(b)(1) of the Internal Revenue Code, except
that in determining whether the child qualified as a dependent income received
as a Minnesota family investment program grant or allowance to or on behalf of
the child must not be taken into account in determining whether the child
received more than half of the child's support from the taxpayer.
Subd. 1a. Eligible
dependent care expenses. (a)
A taxpayer's eligible dependent care expenses equals the amount of
employment-related expenses incurred during the taxable year, subject to the
limitation in paragraph (b).
(b) A taxpayer's eligible dependent
care expenses are limited to:
(1) $3,000 if there was one qualifying
individual with respect to the taxpayer; or
(2) $6,000 if there were two or more
qualifying individuals with respect to the taxpayer.
(c) The limits under paragraph (b),
clauses (1) and (2), are reduced by the amount of dependent care assistance
excluded from gross income under section 129 of the Internal Revenue Code for
the taxable year.
(d) For the purposes of determining
employment-related expenses, the provisions of section 21(d) of the Internal
Revenue Code apply.
Subd. 1b. Credit
percentage. (a) The credit
percentage equals 35 percent, subject to the reductions in paragraph (b).
(b) A taxpayer's credit percentage is
reduced by one percentage point for each $2,000, or fraction thereof, by which
the taxpayer's adjusted gross income exceeds $15,000, until the credit
percentage equals 20 percent.
Subd. 2b. Inflation
adjustment. The commissioner shall
annually adjust the dollar amount of the income threshold at which the
maximum credit begins to be reduced under adjusted gross income amount
in subdivision 1, paragraph (a), as provided in section 270C.22. The statutory year is taxable year 2019
2026.
Subd. 2c. Deemed
expenses. (a) If a child who
has not attained the age of six years at the close of the taxable year is cared
for at a licensed family day care home operated by the child's parent, the
taxpayer is deemed to have paid employment-related expenses. The amount of expenses deemed to have been
paid equals the amount the licensee would charge for the care of a child of the
same age for the same number of hours of care up to the maximum eligible
expenses allowed, as determined under subdivisions 1a and 1b.
(b) If a taxpayer, regardless of filing
status:
(1) has a qualifying individual who has
not attained the age of one year at the close of the taxable year; and
(2) used the deemed amount under
paragraph (a) in lieu of the actual employment-related expenses paid for that
child, the amount of deemed employment-related expenses equals the lesser of:
(i) the earned income of the taxpayer;
or
(ii) the amount of the maximum limit
for one qualified individual under subdivision 1a.
The earned income limitation of section 21(d) of the
Internal Revenue Code does not apply to this deemed amount. These deemed amounts apply regardless of
whether any employment-related expenses have been paid.
Subd. 3. Credit to be refundable; appropriation. If the amount of credit which a claimant would be eligible to receive pursuant to this subdivision exceeds the claimant's tax liability under this chapter, the excess amount of the credit shall be refunded to the claimant by the commissioner of revenue. The amount needed to pay the refunds required by this section is appropriated to the commissioner from the general fund.
Subd. 7. Special
rules. For purposes of this
section, the special rules of section 21(e) of the Internal Revenue Code apply.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 27. Minnesota Statutes 2025 Supplement, section 290.091, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of the tax imposed by this section, the following terms have the meanings given.
(a) "Alternative minimum taxable income" means the sum of the following for the taxable year:
(1) the taxpayer's federal alternative minimum taxable income as defined in section 55(b)(1)(D) of the Internal Revenue Code;
(2) the taxpayer's itemized deductions allowed in computing federal alternative minimum taxable income, but excluding:
(i) the charitable contribution deduction under section 170 of the Internal Revenue Code;
(ii) the medical expense deduction;
(iii) the casualty, theft, and disaster loss deduction; and
(iv) the impairment-related work expenses of a person with a disability;
(3) for depletion allowances computed under section 613A(c) of the Internal Revenue Code, with respect to each property (as defined in section 614 of the Internal Revenue Code), to the extent not included in federal alternative minimum taxable income, the excess of the deduction for depletion allowable under section 611 of the Internal Revenue Code for the taxable year over the adjusted basis of the property at the end of the taxable year (determined without regard to the depletion deduction for the taxable year);
(4) to the extent not included in federal alternative minimum taxable income, the amount of the tax preference for intangible drilling cost under section 57(a)(2) of the Internal Revenue Code determined without regard to subparagraph (E);
(5) to the extent not included in federal alternative minimum taxable income, the amount of interest income as provided by section 290.0131, subdivision 2;
(6) the amount of addition additions
required by section 290.0131, subdivisions 9, 10, and 16, and 21 to
26;
(7) the deduction allowed under section 199A of the Internal Revenue Code, to the extent not included in the addition required under clause (6); and
(8) to the extent not included in federal alternative minimum taxable income, the amount of foreign-derived intangible income deducted under section 250 of the Internal Revenue Code;
(i) interest income as defined in section 290.0132, subdivision 2;
(ii) an overpayment of state income tax as provided by section 290.0132, subdivision 3, to the extent included in federal alternative minimum taxable income;
(iii) the amount of investment interest paid or accrued within the taxable year on indebtedness to the extent that the amount does not exceed net investment income, as defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include amounts deducted in computing federal adjusted gross income;
(iv) amounts subtracted from federal taxable
or adjusted gross income as provided by section 290.0132, subdivisions 7, 9 to
15, 17, 21, 24, 26 to 29, 31, and 34 to 39 41;
(v) the amount of the net operating loss allowed under section 290.095, subdivision 11, paragraph (c); and
(vi) the amount allowable as a Minnesota itemized deduction under section 290.0122, subdivision 7.
In the case of an estate or trust, alternative minimum taxable income must be computed as provided in section 59(c) of the Internal Revenue Code, except alternative minimum taxable income must be increased by the addition in section 290.0131, subdivision 16.
(b) "Investment interest" means investment interest as defined in section 163(d)(3) of the Internal Revenue Code.
(c) "Net minimum tax" means the minimum tax imposed by this section.
(d) "Regular tax" means the tax that would be imposed under this chapter (without regard to this section, section 290.033, and section 290.032), reduced by the sum of the nonrefundable credits allowed under this chapter.
(e) "Tentative minimum tax" equals 6.75 percent of alternative minimum taxable income after subtracting the exemption amount determined under subdivision 3.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time the changes were
effective for federal purposes.
Sec. 28. Minnesota Statutes 2024, section 290.21, subdivision 9, is amended to read:
Subd. 9. Controlled foreign corporations. The net income of a corporation that is included pursuant to section 951 of the Internal Revenue Code as modified under section 290.035 is dividend income.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 29. Minnesota Statutes 2024, section 290.21, subdivision 10, is amended to read:
Subd. 10. Global
intangible low-taxed Net CFC tested income. Any amounts included in taxable income
pursuant to section 951A of the Internal Revenue Code, are The amount of
net CFC tested income calculated under section 290.034 is dividend income.
EFFECTIVE DATE. This section is effective for taxable
years beginning after December 31, 2025.
Subd. 15. Internal
Revenue Code. "Internal Revenue
Code" means the Internal Revenue Code of 1986, as amended through May 1, 2023
2026.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time the changes were
effective for federal purposes.
Sec. 31. Minnesota Statutes 2024, section 291.005, subdivision 1, is amended to read:
Subdivision 1. Scope. Unless the context otherwise clearly requires, the following terms used in this chapter shall have the following meanings:
(1) "Commissioner" means the commissioner of revenue or any person to whom the commissioner has delegated functions under this chapter.
(2) "Federal gross estate" means the gross estate of a decedent as required to be valued and otherwise determined for federal estate tax purposes under the Internal Revenue Code, increased by the value of any property in which the decedent had a qualifying income interest for life and for which an election was made under section 291.03, subdivision 1d, for Minnesota estate tax purposes, but was not made for federal estate tax purposes.
(3) "Internal Revenue Code" means
the United States Internal Revenue Code of 1986, as amended through May 1, 2023
2026.
(4) "Minnesota gross estate" means the federal gross estate of a decedent after (a) excluding therefrom any property included in the estate which has its situs outside Minnesota, and (b) including any property omitted from the federal gross estate which is includable in the estate, has its situs in Minnesota, and was not disclosed to federal taxing authorities.
(5) "Nonresident decedent" means an individual whose domicile at the time of death was not in Minnesota.
(6) "Personal representative" means the executor, administrator or other person appointed by the court to administer and dispose of the property of the decedent. If there is no executor, administrator or other person appointed, qualified, and acting within this state, then any person in actual or constructive possession of any property having a situs in this state which is included in the federal gross estate of the decedent shall be deemed to be a personal representative to the extent of the property and the Minnesota estate tax due with respect to the property.
(7) "Resident decedent" means an individual whose domicile at the time of death was in Minnesota. The provisions of section 290.01, subdivision 7, paragraphs (c) and (d), apply to determinations of domicile under this chapter.
(8) "Situs of property" means, with respect to:
(i) real property, the state or country in which it is located;
(ii) tangible personal property, the state or country in which it was normally kept or located at the time of the decedent's death or for a gift of tangible personal property within three years of death, the state or country in which it was normally kept or located when the gift was executed;
(iv) intangible personal property, the state or country in which the decedent was domiciled at death or for a gift of intangible personal property within three years of death, the state or country in which the decedent was domiciled when the gift was executed.
For a nonresident decedent with an ownership interest in a pass-through entity with assets that include real or tangible personal property, situs of the real or tangible personal property, including qualified works of art, is determined as if the pass-through entity does not exist and the real or tangible personal property is personally owned by the decedent. If the pass-through entity is owned by a person or persons in addition to the decedent, ownership of the property is attributed to the decedent in proportion to the decedent's capital ownership share of the pass-through entity.
(9) "Pass-through entity" includes the following:
(i) an entity electing S corporation status under section 1362 of the Internal Revenue Code;
(ii) an entity taxed as a partnership under subchapter K of the Internal Revenue Code;
(iii) a single-member limited liability company or similar entity, regardless of whether it is taxed as an association or is disregarded for federal income tax purposes under Code of Federal Regulations, title 26, section 301.7701-3; or
(iv) a trust to the extent the property is includable in the decedent's federal gross estate; but excludes
(v) an entity whose ownership interest securities are traded on an exchange regulated by the Securities and Exchange Commission as a national securities exchange under section 6 of the Securities Exchange Act, United States Code, title 15, section 78f.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time the changes were
effective for federal purposes.
ARTICLE 2
INDIVIDUAL INCOME AND CORPORATE FRANCHISE TAXES
Section 1. Minnesota Statutes 2024, section 41A.30, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Aircraft" has the meaning given in section 296A.01, subdivision 3.
(c) "Aviation gasoline" has the meaning given in section 296A.01, subdivision 7.
(d) "Commissioner" means the commissioner of agriculture.
(e) "Jet fuel" has the meaning given in section 296A.01, subdivision 8.
(1) producing sustainable aviation fuel; or
(2) blending sustainable aviation fuel with aviation gasoline or jet fuel.
(g) "Sustainable aviation fuel" means liquid fuel that:
(1) is derived from:
(i) biomass, as defined in section
41A.15, subdivision 2e, that is produced in the United States, provided that
any agricultural feedstocks are from planted crops and crop residue harvested
from agricultural land cleared or cultivated any time prior to December 19,
2007, that is either actively managed or fallow;
(ii) gaseous carbon oxides; or
(iii) hydrogen that has a carbon intensity not greater than four kilograms of carbon dioxide equivalent per kilogram of hydrogen produced;
(2) is not derived from palm fatty acid distillates; and
(3) achieves at least a 50 percent life cycle greenhouse gas emissions reduction in comparison with petroleum‑based aviation gasoline, aviation turbine fuel, and jet fuel as determined by a test that shows:
(i) that the fuel production pathway achieves at least a 50 percent life cycle greenhouse gas emissions reduction in comparison with petroleum-based aviation gasoline, aviation turbine fuel, and jet fuel utilizing the most recent version of Argonne National Laboratory's Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies (GREET) model that accounts for reduced emissions throughout the fuel production process; or
(ii) that the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core life cycle emissions and the positive induced land use change values under the life cycle methodology for sustainable aviation fuels adopted by the International Civil Aviation Organization with the agreement of the United States.
EFFECTIVE
DATE. This section is
effective retroactively for taxable years beginning after December 31, 2024,
for sustainable aviation fuel sold after June 30, 2025.
Sec. 2. Minnesota Statutes 2024, section 41A.30, subdivision 2, is amended to read:
Subd. 2. Tax credit establishment. (a) A qualifying taxpayer may claim a tax credit against the tax due under chapter 290 equal to $1.50 for each gallon of sustainable aviation fuel that is:
(1) produced in Minnesota or blended with aviation or gasoline or jet fuel in Minnesota, provided that carbon oxides sequestered as part of the production process are not used as a tertiary injectant in a qualified enhanced oil recovery project; and
(2) sold in Minnesota to a purchaser who certifies that the sustainable aviation fuel is for use as fuel in an aircraft departing from an airport in Minnesota.
(c) A qualifying taxpayer may claim a credit for blending or producing sustainable aviation fuel, but not both. If sustainable aviation fuel is blended with aviation gasoline or jet fuel, the credit is allowed only for the portion of sustainable aviation fuel that is included in the blended fuel.
(d) If the amount of credit that the taxpayer is eligible to receive under this section exceeds the liability for tax under chapter 290, the commissioner of revenue must refund the excess to the taxpayer.
(e) Subject to the commissioner's
certification, a qualifying taxpayer may claim a supplemental tax credit
against the tax due under chapter 290 equal to the rate of $0.02 per gallon for
each additional whole percentage carbon intensity reduction beyond 50 percent,
but capped at $2.00 per gallon.
EFFECTIVE
DATE. This section is
effective retroactively for taxable years beginning after December 31, 2024,
for sustainable aviation fuel sold after June 30, 2025.
Sec. 3. Minnesota Statutes 2025 Supplement, section 41A.30, subdivision 5, is amended to read:
Subd. 5. Allocation
limits. (a) Subject to additional
rollover allocation as provided in paragraph (b), for tax credits allowed under
subdivision 2, the commissioner must not issue credit certificates for more
than $11,600,000 $36,900,000 in total, allocated as follows:
(1) $7,400,000 for fiscal year 2025; and
(2) $2,100,000 for each of fiscal years
year 2026 and 2027;
(3) $7,400,000 for fiscal year 2027;
(4) $5,300,000 for fiscal year 2028; and
(5) $2,100,000 for each fiscal year from 2029 through 2035.
(b) Any portion of a fiscal year's credits
that is not allocated by the commissioner does not cancel and may be carried
forward to subsequent fiscal years until all credits have been allocated
the entire allocation has been made, except that the commissioner must
not issue any credit certificates for fiscal years beginning after June 30, 2030
2035, and any unallocated amounts cancel on that date.
EFFECTIVE DATE. This section is effective retroactively for
taxable years beginning after December 31, 2025.
Sec. 4. Minnesota Statutes 2024, section 41A.30, subdivision 7, is amended to read:
Subd. 7. Expiration. This section expires for taxable years
beginning after December 31, 2030 2035.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2025 Supplement, section 41B.0391, subdivision 2, is amended to read:
Subd. 2. Tax credit for owners of agricultural assets. (a) An owner of agricultural assets may take a credit against the tax due under chapter 290 for the sale or rental of agricultural assets to a beginning farmer in the amount allocated by the authority under subdivision 4, or, for taxable years beginning after December 31, 2025, and before January 1, 2027, subdivision 4a. An owner of agricultural assets is eligible for allocation of a credit equal to:
(2) ten percent of the gross rental income in each of the first, second, and third years of a rental agreement, up to a maximum of $7,000 per year; or
(3) 15 percent of the cash equivalent of the gross rental income in each of the first, second, and third years of a share rent agreement, up to a maximum of $10,000 per year.
(b) A qualifying rental agreement includes cash rent of agricultural assets or a share rent agreement. The agricultural asset must be rented at prevailing community rates as determined by the authority.
(c) The credit may be claimed only after approval and certification by the authority, and is limited to the amount stated on the certificate issued under subdivision 4. An owner of agricultural assets must apply to the authority for certification and allocation of a credit, in a form and manner prescribed by the authority.
(d) An owner of agricultural assets or beginning farmer may terminate a rental agreement, including a share rent agreement, for reasonable cause upon approval of the authority. If a rental agreement is terminated without the fault of the owner of agricultural assets, the tax credits shall not be retroactively disallowed. In determining reasonable cause, the authority must look at which party was at fault in the termination of the agreement. If the authority determines the owner of agricultural assets did not have reasonable cause, the owner of agricultural assets must repay all credits received as a result of the rental agreement to the commissioner of revenue. The repayment is additional income tax for the taxable year in which the authority makes its decision or when a final adjudication under subdivision 5, paragraph (a), is made, whichever is later.
(e) The credit is limited to the liability for tax as computed under chapter 290 for the taxable year. If the amount of the credit determined under this section for any taxable year exceeds this limitation, the excess is a beginning farmer incentive credit carryover according to section 290.06, subdivision 37.
(f) For purposes of the credit for the sale of agricultural land only, the family member definitional exclusions in subdivision 1, paragraph (c), clauses (4) and (5), do not apply. For a sale to a family member to qualify for the credit, the sales price of the agricultural land must equal or exceed the assessed value of the land as of the date of the sale. For purposes of this paragraph, "sale to a family member" means a sale to a beginning farmer in which the beginning farmer or the beginning farmer's spouse is a family member of:
(1) the owner of the agricultural land; or
(2) a partner, member, shareholder, or trustee of the owner of the agricultural land.
(g) For a sale to a limited land access farmer, the credit rate under paragraph (a), clause (1), is 12 percent rather than eight percent.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 6. Minnesota Statutes 2025 Supplement, section 41B.0391, subdivision 4, is amended to read:
Subd. 4. Authority duties. (a) The authority shall:
(1) approve and certify or recertify beginning farmers as eligible for the program under this section;
(3) provide necessary and reasonable assistance and support to beginning farmers for qualification and participation in financial management programs approved by the authority;
(4) refer beginning farmers to agencies and organizations that may provide additional pertinent information and assistance; and
(5) notwithstanding section 41B.211, the Rural Finance Authority must share information with the commissioner of revenue to the extent necessary to administer provisions under this subdivision and section 290.06, subdivisions 37 and 38. The Rural Finance Authority must annually notify the commissioner of revenue of approval and certification or recertification of beginning farmers and owners of agricultural assets under this section. For credits under subdivision 2, the notification must include the amount of credit approved by the authority and stated on the credit certificate.
(b) The certification of a beginning farmer or an owner of agricultural assets under this section is valid for the year of the certification and the two following years, after which time the beginning farmer or owner of agricultural assets must apply to the authority for recertification.
(c) For credits for owners of agricultural assets allowed under subdivision 2, the authority must not allocate more than $6,500,000 for taxable years beginning after December 31, 2022, and before January 1, 2024, and $4,000,000 for taxable years beginning after December 31, 2023. The authority must allocate credits on a first-come, first‑served basis beginning on January 1 of each year, except that recertifications for the second and third years of credits under subdivision 2, paragraph (a), clauses (1) and (2), have first priority. Any amount authorized but not allocated for taxable years ending before January 1, 2023, is canceled and is not allocated for future taxable years. For taxable years beginning after December 31, 2022, any amount authorized but not allocated in any taxable year does not cancel and is added to the allocation for the next taxable year. For each taxable year, 50 percent of newly allocated credits must be allocated to limited land access farmers. Any portion of a taxable year's newly allocated credits that is reserved for limited land access farmers that is not allocated by September 30 of the taxable year is available for allocation to other credit allocations beginning on October 1.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 7. Minnesota Statutes 2024, section 41B.0391, is amended by adding a subdivision to read:
Subd. 4a. Temporary
removal of allocation limitation. For
taxable years beginning after December 31, 2025, and before January 1, 2027,
the allocation limitations in subdivision 4, paragraph (c), do not apply. This subdivision expires January 1, 2027.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 8. Minnesota Statutes 2025 Supplement, section 41B.0391, subdivision 6a, is amended to read:
Subd. 6a. Report to legislature. (a) No later than February 1 each year the Rural Finance Authority, in consultation with the commissioner of revenue, must provide a report to the chairs and ranking minority members of the legislative committees having jurisdiction over agriculture, economic development, rural development, and taxes, in compliance with sections 3.195 and 3.197, on the beginning farmer tax credits under this section.
(c) For credits issued under subdivision 2, paragraph (a), clauses (1) to (3), the report must include:
(1) the number and amount of credits issued under each clause;
(2) the geographic distribution of credits issued under each clause;
(3) the type of agricultural assets for which credits were issued under clause (1);
(4) the number and geographic distribution of beginning farmers whose purchase or rental of assets resulted in credits for the seller or owner of the asset;
(5) the number and amount of credits disallowed under subdivision 2, paragraph (d);
(6) data on the number of beginning farmers by geographic region, including:
(i) the number of beginning farmers by race and ethnicity, as those terms are applied in the 2020 United States Census; and
(ii) to the extent available, the number of beginning farmers who are limited land access farmers; and
(7) the number and amount of credit applications that exceeded the allocation available under subdivision 4 in each year.
(d) For credits issued under subdivision 3, the report must include:
(1) the number and amount of credits issued;
(2) the geographic distribution of credits;
(3) a listing and description of each approved financial management program for which credits were issued; and
(4) a description of the approval procedure for financial management programs not on the list maintained by the authority, as provided in subdivision 3, paragraph (a).
EFFECTIVE
DATE. This section is
effective for reports due for credits issued for taxable years beginning after
December 31, 2025.
Sec. 9. Minnesota Statutes 2024, section 289A.08, subdivision 7a, is amended to read:
Subd. 7a. Pass-through entity tax. (a) For the purposes of this subdivision, the following terms have the meanings given:
(1) "income" has the meaning given in section 290.01, subdivision 19, paragraph (i). The income of a resident qualifying owner of a qualifying entity that is a partnership or limited liability company taxed as a partnership under the Internal Revenue Code is not subject to allocation outside this state as provided for resident individuals under section 290.17, subdivision 1, paragraph (a). The income of a nonresident qualifying owner of a qualifying entity and the income of a resident qualifying owner of a qualifying entity that is an S corporation, including a qualified subchapter S subsidiary organized under section 1361(b)(3)(B) of the Internal Revenue Code, are allocated and assigned to this state as provided for nonresident partners and shareholders under sections 290.17, 290.191, and 290.20;
(3) "qualifying owner" means:
(i) a resident or nonresident individual or estate that is a partner, member, or shareholder of a qualifying entity;
(ii) a resident or nonresident trust that is a shareholder of a qualifying entity that is an S corporation; or
(iii) a disregarded entity that has a qualifying owner as its single owner.
(b) For taxable years beginning after December 31, 2020, a qualifying entity may elect to file a return and pay the pass-through entity tax imposed under paragraph (c). The election:
(1) must be made on or before the due date or extended due date of the qualifying entity's pass-through entity tax return;
(2) must exclude partners, members, shareholders, or owners who are not qualifying owners;
(3) may only be made by qualifying owners who collectively hold more than 50 percent of the ownership interests in the qualifying entity held by qualifying owners;
(4) is binding on all qualifying owners who have an ownership interest in the qualifying entity; and
(5) once made is irrevocable for the taxable year.
(c) Subject to the election in paragraph (b), a pass-through entity tax is imposed on a qualifying entity in an amount equal to the sum of the tax liability of each qualifying owner.
(d) The amount of a qualifying owner's tax liability under paragraph (c) is the amount of the qualifying owner's income multiplied by the highest tax rate for individuals under section 290.06, subdivision 2c. The computation of a qualifying owner's net investment income tax liability must be computed under section 290.033. When making this determination:
(1) nonbusiness deductions, standard deductions, or personal exemptions are not allowed; and
(2) a credit or deduction is allowed only to the extent allowed to the qualifying owner.
(e) The amount of each credit and deduction used to determine a qualifying owner's tax liability under paragraph (d) must also be used to determine that qualifying owner's income tax liability under chapter 290.
(f) This subdivision does not negate the requirement that a qualifying owner pay estimated tax if the qualifying owner's tax liability would exceed the requirements set forth in section 289A.25. The qualifying owner's liability to pay estimated tax on the qualifying owner's tax liability as determined under paragraph (d) is, however, satisfied when the qualifying entity pays estimated tax in the manner prescribed in section 289A.25 for composite estimated tax.
(g) A qualifying owner's adjusted basis in the interest in the qualifying entity, and the treatment of distributions, is determined as if the election to pay the pass-through entity tax under paragraph (b) is not made.
(i) The provisions of subdivision 17 apply to the election to pay the pass-through entity tax under this subdivision.
(j) If a nonresident qualifying owner of a qualifying entity making the election to file and pay the tax under this subdivision has no other Minnesota source income, filing of the pass-through entity tax return is a return for purposes of subdivision 1, provided that the nonresident qualifying owner must not have any Minnesota source income other than the income from the qualifying entity, other electing qualifying entities, and other partnerships electing to file a composite return under subdivision 7. If it is determined that the nonresident qualifying owner has other Minnesota source income, the inclusion of the income and tax liability for that owner under this provision will not constitute a return to satisfy the requirements of subdivision 1. The tax paid for the qualifying owner as part of the pass-through entity tax return is allowed as a payment of the tax by the qualifying owner on the date on which the pass-through entity tax return payment was made.
(k) Once a credit is claimed by a qualifying owner under section 290.06, subdivision 40, a qualifying entity cannot receive a refund for tax paid under this subdivision for any amounts claimed under that section by the qualifying owners. Once a credit is claimed under section 290.06, subdivision 40, any refund must be claimed in conjunction with a return filed by the qualifying owner.
(l) This subdivision expires at the
same time and on the same terms as section 164(b)(6)(B) of the Internal Revenue
Code for taxable years beginning after December 31, 2027, except
that the expiration of this subdivision does not affect the commissioner's
authority to audit or power of examination and assessments for credits claimed
under this section.
EFFECTIVE
DATE. This section is
effective retroactively from January 1, 2026.
Sec. 10. [289A.081]
DIRECT FREE FILING OF INDIVIDUAL RETURNS.
(a) The commissioner must establish an
electronic filing system through which taxpayers may directly file an
electronic individual income tax return free of charge. The commissioner may contract with a software
vendor to develop the filing system required under this section, but the vendor
must not offer paid tax preparation services for Minnesota individual income
taxpayers for tax years that the system is active, and the filing system must
be made available on the Department of Revenue website. The commissioner must not limit access to the
system based on a taxpayer's income.
(b) To the extent feasible, the
commissioner must coordinate the state filing system under this section with
any federal filing systems established for free filing of federal tax returns.
(c) The commissioner must make the
system required under this section available for taxable years beginning after
December 31, 2026. At a minimum, the
system must allow taxpayers to claim:
(1) the marriage penalty credit under
section 290.0675;
(2) the education credit under section
290.0674;
(3) the child and working family
credits under sections 290.0661 and 290.0671;
(4) the dependent care credit under section 290.067;
(5) the student loan
credit under section 290.0682; and
(6) the renter's credit under section
290.0693.
(d) The commissioner may establish an
electronic filing system through which individual taxpayers may file a federal
income tax return for free.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2024, section 290.01, subdivision 19, as amended by Laws 2026, chapter 88, article 1, section 170, is amended to read:
Subd. 19. Net income. (a) For a trust or estate taxable under section 290.03, and a corporation taxable under section 290.02, the term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in sections 290.0131 to 290.0136.
(b) For an individual, the term "net income" means federal adjusted gross income with the modifications provided in sections 290.0131, 290.0132, and 290.0135 to 290.0137.
(c) In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that:
(1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply;
(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and
(3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code.
(d) The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code.
(e) The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code.
(f) The Internal Revenue Code of 1986, as amended through May 1, 2023, applies for taxable years beginning after December 31, 1996.
(g) Except as otherwise provided, references to the Internal Revenue Code in this subdivision and sections 290.0131 to 290.0136 mean the code in effect for purposes of determining net income for the applicable year.
(h) In the case of a partnership electing to file a composite return under section 289A.08, subdivision 7, "net income" means the partner's share of federal adjusted gross income from the partnership modified by the additions provided in section 290.0131, subdivisions 8 to 10, 16, 17, and 19, and the subtractions provided in: (1) section
(i) In the case of a qualifying entity
electing to pay the pass-through entity tax under section 289A.08, subdivision
7a, "net income" means the qualifying owner's share of federal
adjusted gross income from the qualifying entity modified by the additions
provided in section 290.0131, subdivisions 5, 8 to 10, 16, 17, and 19, and the
subtractions provided in: (1) section
290.0132, subdivisions 3, 9, 27, 28, and 31, to the extent the amount is
assignable or allocable to Minnesota under section 290.17; and (2) section
290.0132, subdivision 14. The
subtraction allowed under section 290.0132, subdivision 9, is only allowed on
the pass-through entity tax computation to the extent the qualifying owners
would have been allowed the subtraction.
The income of both a resident and nonresident qualifying owner is
allocated and assigned to this state as provided for nonresident partners and
shareholders under sections 290.17, 290.191, and 290.20.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota Statutes 2025 Supplement, section 290.06, subdivision 23a, is amended to read:
Subd. 23a. Pass-through entity tax paid to another state. (a) A credit is allowed against the tax imposed on a qualifying entity under section 289A.08, subdivision 7a, for pass-through entity tax paid to another state. The credit under this subdivision is allowed as a credit for taxes paid to another state under subdivision 22, paragraph (a), and may only be claimed by a qualifying owner. The credit allowed under this subdivision must be claimed in a manner prescribed by the commissioner.
(b) This subdivision expires at the
same time and on the same terms as section 164(b)(6)(B) of the Internal Revenue
Code for taxable years beginning after December 31, 2027, except
that the expiration of this subdivision does not affect the commissioner's
authority to audit or power of examination and assessments for credits claimed
under this section.
(c) As used in this subdivision, the following terms have the meanings given:
(1) "income" has the meaning provided in section 290.01, subdivision 19, paragraph (i);
(2) "pass-through entity tax" means an entity-level tax imposed on the income of a partnership, limited liability corporation, or S corporation;
(3) "qualifying entity" has the meaning provided in section 289A.08, subdivision 7a, paragraph (a); and
(4) "qualifying owner" has the meaning provided in section 289A.08, subdivision 7a, paragraph (b).
EFFECTIVE
DATE. This section is
effective retroactively from January 1, 2026.
Sec. 13. Minnesota Statutes 2024, section 290.06, subdivision 40, is amended to read:
Subd. 40. Pass-through
entity tax credit. (a) A qualifying
owner of a qualifying entity that elects to pay the pass-through entity tax
under section 289A.08, subdivision 7a, may claim a credit against the tax due
under this chapter equal to the amount of the owner's tax liability as
calculated under section 289A.08, subdivision 7a, paragraph (d). The commissioner may disallow a credit if
the tax liability of the qualifying entity has not been paid.
(c) For purposes of this subdivision, "qualifying entity," "qualifying owner," and "tax liability" have the meanings given in section 289A.08, subdivision 7a, paragraphs (a) and (d).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Laws 2023, chapter 64, article 15, section 24, is amended to read:
Sec. 24. TAX
FILING MODERNIZATION.
Subdivision 1. Account established; appropriation. A tax filing modernization account is established in the special revenue fund. All funds in the tax filing modernization account are appropriated to the commissioner of revenue for the purposes specified in subdivision 3.
Subd. 2. Transfer. $5,000,000 in fiscal year 2024 is transferred to the tax filing modernization account from the general fund. This is a onetime transfer.
Subd. 3. Eligible
uses. (a) The commissioner of
revenue may use funds in the tax filing modernization account to modernize
the state process for filing individual income tax returns, including:
(1) updating and reviewing changes to
individual income tax forms resulting from this act;
(2) coordinating the process for filing
state individual income tax returns with free filing options for the federal
income tax; and
(3) development and implementation of
develop and implement state free filing options for the individual
income tax as provided in Minnesota Statutes, section 289A.081.
(b) Beginning July 1, 2026, the
commissioner of revenue may use any unspent funds in the tax filing
modernization account to make taxpayer assistance grants to eligible
organizations qualifying under section 7526A(e)(2)(B) of the Internal Revenue
Code.
Subd. 4. Unspent
funds. Any unspent funds in the tax
filing modernization account cancel to the general fund on June 30, 2027
2029.
Subd. 5. Sunset. This section expires and the account
is abolished on July 1, 2029.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. INCOME
TAX SUBTRACTION; NURSING FACILITY WORKFORCE WAGE SUPPLEMENT PROGRAM.
(a) For purposes of this section:
(1) "subtraction" has the
meaning given in Minnesota Statutes, section 290.0132, subdivision 1, and the
rules in that subdivision apply to this section; and
(2) the definitions in Minnesota Statutes, section
290.01.
(b) The amount of
supplemental wage payments provided under Minnesota Statutes, section 256R.60,
is a subtraction.
(c) Payments under this section are
excluded from income, as defined in Minnesota Statutes, section 290A.03,
subdivision 3.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025, and before
January 1, 2027, only if S. F. 4476 is finally enacted at the 2026
regular legislative session.
Sec. 16. PASS-THROUGH
ENTITY TAX; 2026 ESTIMATED PAYMENTS.
For estimated payments due from
pass-through entities under Minnesota Statutes, section 289A.08, subdivision
7a, paragraph (f), for taxable years beginning after December 31, 2025, and
before January 1, 2027, no addition to tax is imposed under Minnesota Statutes,
section 289A.25, subdivision 2, if the first estimated payment is paid in full
with the second estimated payment, as required under Minnesota Statutes,
section 289A.25, subdivision 3.
EFFECTIVE
DATE. This section is
effective retroactively for taxable years beginning after December 31, 2025,
and before January 1, 2027.
Sec. 17. REVIVAL
AND REENACTMENT.
Minnesota Statutes, sections 289A.08,
subdivision 7a, and 290.06, subdivision 23a, are revived and reenacted
retroactively from January 1, 2026.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. APPROPRIATION;
DIRECT FREE FILING SYSTEM.
$2,300,000 in fiscal year 2027 is
appropriated from the general fund to the commissioner of revenue for the
direct free filing system required under Minnesota Statutes, section 289A.081. The base for this appropriation is $3,500,000
in fiscal year 2028 and $3,500,000 in fiscal year 2029.
ARTICLE 3
SALES AND USE TAXES
Section 1. Minnesota Statutes 2024, section 297A.68, is amended by adding a subdivision to read:
Subd. 9a. Championship
golf tournaments admission and related events. (a) The granting of the privilege of
admission to a world championship golf tournament sponsored by the Professional
Golfers' Association of America and to related events sponsored by the
Professional Golfers' Association of America is exempt.
(b) This subdivision expires July 1,
2030.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2026.
Sec. 2. Minnesota Statutes 2024, section 428B.02, subdivision 4, is amended to read:
Subd. 4. Service charges; relationship to services. (a) A municipality may impose a service charge on a business pursuant to this chapter for the purpose of providing activities and improvements that will provide benefits to a business that is located within the tourism improvement district and subject to the tourism improvement district service charge. Each business paying a service charge within a district must benefit directly or indirectly from
(b) Service charges may be used to cover the costs of collections, as well as other administrative costs associated with operating, forming, or maintaining the district.
EFFECTIVE
DATE. This section is
effective retroactively for sales and purchases made after June 30, 2025.
ARTICLE 4
PROPERTY TAX AIDS AND CREDITS
Section 1. Minnesota Statutes 2025 Supplement, section 126C.13, subdivision 4, is amended to read:
Subd. 4. General
education aid. For fiscal year
2015 and later, A district's general education aid equals:
(1) general education revenue, excluding operating capital revenue, equity revenue, local optional revenue, and transition revenue; plus
(2) operating capital aid under section 126C.10, subdivision 13b; plus
(3) equity aid under section 126C.10, subdivision 30; plus
(4) transition aid under section 126C.10, subdivision 33; plus
(5) shared time aid under section 126C.01, subdivision 7; plus
(6) referendum aid under section 126C.17,
subdivisions 7 and, 7a, and 7c; plus
(7) online learning aid under section 124D.096; plus
(8) local optional aid according to section 126C.10, subdivision 2e, paragraph (f).
EFFECTIVE
DATE. This section is
effective for revenue in fiscal year 2028 and later.
Sec. 2. Minnesota Statutes 2024, section 126C.17, is amended by adding a subdivision to read:
Subd. 7c. Seasonal
tax base replacement aid. (a)
For purposes of this subdivision, "eligible school district" means a
school district for which the seasonal tax base adjustment factor under
paragraph (c) is at least equal to 0.15.
A school district determined eligible under this paragraph for aid in
fiscal year 2028 or any later fiscal year remains an eligible school district
for aid in any subsequent fiscal year.
(b) An eligible school district's
seasonal tax base replacement aid equals the product of (1) the seasonal tax
base adjustment factor, and (2) the district's referendum equalization levy
calculated under subdivision 6, after any adjustment under subdivisions 7a and
7b.
(c) A district's seasonal tax base
adjustment factor equals the lesser of 0.50 or the ratio of (1) the seasonal
market value for the district, to (2) the sum of the referendum market value
and the seasonal market value for the district.
For the purposes of this paragraph, "seasonal market value"
means the market value of all taxable property classified as class 4c(12) under
section 273.13.
(d) The amount
calculated under paragraph (b) must be used to reduce the district's referendum
levy determined after the adjustments under subdivisions 7a and 7b.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2027 and later.
Sec. 3. Minnesota Statutes 2024, section 272.02, subdivision 101, is amended to read:
Subd. 101. Certain property owned by an Indian tribe. (a) Property is exempt that:
(1) is located in a city of the first class with a population less than 100,000 as of the 2010 federal census;
(2) was on January 1, 2016, and is for the current assessment, owned by a federally recognized Indian tribe, or its instrumentality, that is located within the state of Minnesota; and
(3) is used exclusively as a medical clinic or for a parking lot used exclusively to serve the medical clinic.
(b) Property that qualifies for the
exemption under this subdivision is limited to no more than two contiguous
five parcels and structures that do not exceed, in the aggregate, 30,000
square feet. Property acquired for
single‑family housing, market-rate apartments, agriculture, or forestry does
not qualify for this exemption. The
exemption created by this subdivision expires with taxes payable in 2028
2038.
EFFECTIVE
DATE. This section is
effective beginning with assessment year 2027.
Sec. 4. Minnesota Statutes 2024, section 272.02, is amended by adding a subdivision to read:
Subd. 110. Certain
property owned by an Indian Tribe. (a)
Property is exempt that:
(1) is located in a city with a
population greater than 12,400 but less than 12,800 according to the 2020
federal census;
(2) was on January 1, 2026, and is for
the current assessment, owned by a federally recognized Indian Tribe, or its
instrumentality, that is located within the state; and
(3) is used to store medical clinic
equipment and materials.
(b) Property that qualifies for
exemption under this subdivision is limited to one parcel. Any portion of the property used for housing,
parking facilities, agriculture, or forestry does not qualify for this
exemption.
EFFECTIVE
DATE. This section is
effective beginning with property taxes payable in 2027. For assessment year 2026 only, an exemption
application under this section must be filed with the county assessor by July
1, 2026.
Sec. 5. Minnesota Statutes 2025 Supplement, section 273.13, subdivision 22, is amended to read:
Subd. 22. Class 1. (a) Except as provided in subdivision 23 and in paragraphs (b) and (c), real estate which is residential and used for homestead purposes is class 1a. In the case of a duplex or triplex in which one of the units is used for homestead purposes, the entire property is deemed to be used for homestead purposes. The market value of class 1a property must be determined based upon the value of the house, garage, and land.
The first $500,000 of market value of class 1a property has a net classification rate of one percent of its market value; and the market value of class 1a property that exceeds $500,000 has a classification rate of 1.25 percent of its market value.
(1) any person who is blind as defined in section 256D.35, or the person who is blind and the spouse of the person who is blind;
(2) any person who is permanently and totally disabled or by the person with a disability and the spouse of the person with a disability; or
(3) the surviving spouse of a veteran who was permanently and totally disabled homesteading a property classified under this paragraph for taxes payable in 2008.
Property is classified and assessed under clause (2) only if the government agency or income-providing source certifies, upon the request of the homestead occupant, that the homestead occupant satisfies the disability requirements of this paragraph, and that the property is not eligible for the valuation exclusion under subdivision 34.
Property is classified and assessed under paragraph (b) only if the commissioner of revenue or the county assessor certifies that the homestead occupant satisfies the requirements of this paragraph.
Permanently and totally disabled for the purpose of this subdivision means a condition which is permanent in nature and totally incapacitates the person from working at an occupation which brings the person an income. The first $50,000 market value of class 1b property has a net classification rate of 0.45 percent of its market value. The remaining market value of class 1b property is classified as class 1a property, class 2a property, or class 4d(2) property, whichever is appropriate.
(c) Class 1c property is commercial use real
and personal property that abuts public water as defined in section 103G.005,
subdivision 15, or abuts a state trail administered by the Department of
Natural Resources, and is devoted to temporary and seasonal residential
occupancy for recreational purposes but not devoted to commercial purposes for
more than 250 days in the year preceding the year of assessment, and that
includes a portion used as a homestead by the owner, which includes a dwelling
occupied as a homestead by a shareholder of a corporation that owns the resort,
a partner in a partnership that owns the resort, or a member of a limited
liability company that owns the resort even if the title to the homestead is
held by the corporation, partnership, or limited liability company. For purposes of this paragraph, property is
devoted to a commercial purpose on a specific day if any portion of the
property, excluding the portion used exclusively as a homestead, is used for
residential occupancy and a fee is charged for residential occupancy. Class 1c property must contain three or more
rental units. A "rental unit"
is defined as a cabin, condominium, townhouse, sleeping room, or individual
camping site equipped with water and electrical hookups for recreational
vehicles. Class 1c property must provide
recreational activities such as the rental of ice fishing houses, boats and
motors, snowmobiles, downhill or cross-country ski equipment; provide marina
services, launch services, or guide services; or sell bait and fishing tackle. Any unit in which the right to use the
property is transferred to an individual or entity by deeded interest, or the
sale of shares or stock, no longer qualifies for class 1c even though it may
remain available for rent. A camping pad
offered for rent by a property that otherwise qualifies for class 1c is also
class 1c, regardless of the term of the rental agreement, as long as the use of
the camping pad does not exceed 250 days.
If the same owner owns two separate parcels that are located in the same
township, and one of those properties is classified as a class 1c property and
the other would be eligible to be classified as a class 1c property if it was
used as the homestead of the owner, both properties will be assessed as a
single class 1c property; for purposes of this sentence, properties are deemed
to be owned by the same owner if each of them is owned by a limited liability
company, and both limited liability companies have the same membership. The portion of the property used as a
homestead is class 1a property under paragraph (a). The remainder of the property is classified
as follows: the first $600,000 $1,500,000
of market value is tier I, the next $1,700,000 $3,000,000 of
market value is tier II, and any remaining market value is tier III. The classification rates for class 1c are: tier I, 0.50 percent; tier II, 1.0 percent;
and tier III, 1.25 percent. Owners of
real and personal property devoted to
(d) Class 1d property includes structures that meet all of the following criteria:
(1) the
structure is located on property that is classified as agricultural property
under section 273.13, subdivision 23;
(2) the structure is occupied exclusively by seasonal farm workers during the time when they work on that farm, and the occupants are not charged rent for the privilege of occupying the property, provided that use of the structure for storage of farm equipment and produce does not disqualify the property from classification under this paragraph;
(3) the structure meets all applicable health and safety requirements for the appropriate season; and
(4) the structure is not salable as residential property because it does not comply with local ordinances relating to location in relation to streets or roads.
The market value of class 1d property has the same classification rates as class 1a property under paragraph (a).
EFFECTIVE
DATE. This section is
effective beginning with assessment year 2026.
Sec. 6. Minnesota Statutes 2025 Supplement, section 412.341, subdivision 3, is amended to read:
Subd. 3. Change
in membership; procedures. (a) The
number of commission members may be increased or decreased by ordinance within
the permitted number of commissioner members as provided in subdivision 1,
paragraph (a). The ordinance changing
modifying the number of commission members must include a provision for
maintaining staggered terms for commission members, provided that if the number
of members is reduced, the reduction must be effected in such a manner that all
incumbent members are permitted to serve their full terms. An ordinance adopted under this subdivision
must not be effective until at least 45 days after its adoption.
(b) An ordinance reducing modifying
the size of the commission shall not take effect and the question of whether to
reduce modify the size of the commission must be placed on the
ballot at the next general or special election if: (1) within 45 days of the ordinance's
adoption by the city council, a petition is filed with the city clerk
requesting that a referendum be held on reducing modifying the
size of the commission; and (2) the petition is signed by a number of eligible
voters equal to at least 15 percent of the number of electors voting at the
most recent general election. The ballot
question shall be substantially stated as follows:
"Shall the size of the public utilities commission be reduced (increased) from ....... members to.......members?"
The question shall be followed by the words "Yes"
and "No" with an appropriate oval or similar target shape before each
in which a voter may record a choice. If
a majority of the votes cast on the question are in favor of reducing modifying
the size of the commission, the ordinance shall be considered approved and
shall be effective immediately. If the
majority of votes cast on the question are against reducing modifying
the size of the commission, the ordinance shall not take effect.
EFFECTIVE DATE. This section is effective the day
following final enactment.
469.0773
LAKE CITY.
Subdivision 1. Establishment. The city of Lake City may establish a port authority commission that has the same powers as a port authority established under section 469.049 or other law, except that the port authority shall have no power to issue debt or bonds of any kind or exercise powers of eminent domain. The port authority may request the city of Lake City to levy a tax for the benefit of the port authority. Notwithstanding section 469.053, subdivision 4, the city of Lake City may grant or deny the request to levy a tax. If the city establishes a port authority commission, the city shall exercise all the powers relating to the port authority granted to a city by sections 469.048 to 469.068 or other law. Notwithstanding any law to the contrary, the city may choose the name of the commission.
Subd. 2. Municipal housing and redevelopment authority. If the city of Lake City establishes a port authority commission under subdivision 1, the commission may exercise the same powers as a municipal housing and redevelopment authority established under sections 469.001 to 469.047 or other law, except that t he port authority shall have no power to levy taxes, issue debt or bonds of any kind, or exercise powers of eminent domain. The city shall then exercise all the powers relating to the municipal housing and redevelopment authority granted to a city by sections 469.001 to 469.047 or other law.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2024, section 469.081, subdivision 3a, is amended to read:
Subd. 3a. Terms
of members. Notwithstanding the
enabling resolution or section 469.050, subdivision 4, the term length for an
appointee to the Red Wing Port Authority for a term beginning on or after
January 1, 2011, shall be three six years.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Red Wing and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 9. Minnesota Statutes 2024, section 477A.30, subdivision 8, is amended to read:
Subd. 8. Expiration. Distributions under this section expire
after aids payable in 2028 2032 have been distributed.
Sec. 10. CITY
OF LAKE CITY; VALIDATION OF PRIOR ACT.
Notwithstanding the time limits in
Minnesota Statutes, section 645.021, the city of Lake City may approve, by
resolution, Laws 2021, chapter 19, section 1, and file its approval with the
secretary of state by January 1, 2027. If
approved under this paragraph, actions undertaken by the city in accordance
with Laws 2021, chapter 19, section 1, and Minnesota Statutes, section
469.0773, are validated.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. ONETIME
INCREASE IN HOMESTEAD CREDIT REFUND.
Subdivision 1. Homestead
credit refund. For claims
filed based on taxes payable in 2026, the commissioner shall increase by 14.88 percent the refund otherwise payable under
Minnesota Statutes, section 290A.04, subdivision 2.
Subd. 2. No
notification of appeal rights. In
adjusting homestead credit refunds under this section, the commissioner is not
required to provide information concerning appeal rights that ordinarily must
be provided whenever the commissioner adjusts refunds payable under Minnesota
Statutes, chapter 290A. Taxpayers retain
all rights to appeal adjustments under this section.
Subd. 3. Appropriation. The amount necessary to make the
payments required under this section is appropriated from the general fund to
the commissioner of revenue.
EFFECTIVE
DATE. This section is
effective only for refunds based on property taxes payable in 2026.
Sec. 12. ONETIME
SCHOOL DISTRICT SEASONAL TAX BASE REPLACEMENT AID.
Subdivision 1. Aid
amount. (a) For purposes of
this subdivision, "eligible school district" means a school district
for which the seasonal tax base adjustment factor under paragraph (c) is at
least equal to 0.15.
(b) For fiscal year 2027 only, an
eligible school district's seasonal tax base replacement aid equals the product
of (1) the seasonal tax base adjustment factor, and (2) the district's
referendum equalization levy calculated for fiscal year 2027 under Minnesota
Statutes, section 126C.17, subdivision 6, after any adjustment under Minnesota
Statutes, section 126C.17, subdivisions 7a and 7b.
(c) A district's seasonal tax base
adjustment factor equals the lesser of 0.50 or the ratio of (1) the seasonal
market value for the district, to (2) the sum of the referendum market value
and the seasonal market value for the district.
For the purposes of this paragraph, "seasonal market value"
means the market value of all taxable property classified as class 4c(12) under
Minnesota Statutes, section 273.13. The
market values used for the calculation under this paragraph must be the market
values used to calculate levies payable in 2026.
Subd. 2. Entitlement
limit. If the total initial
aid entitlement calculated under subdivision 1 exceeds $2,542,000, the
commissioner of education must prorate the aid entitlement for each district
proportionately.
Subd. 3. Payment. This aid is 100 percent payable in
fiscal year 2027.
Subd. 4. Appropriation. $2,542,000 is appropriated in fiscal year 2027 from the general fund to the commissioner of education for onetime school district seasonal tax base replacement aid under this section. This is a onetime appropriation.
Sec. 13. 2027
AID CALCULATION.
(a) Notwithstanding Minnesota Statutes,
sections 477A.013 and 477A.014, for aids payable in 2027 only, the commissioner
of revenue must calculate and certify aid under Minnesota Statutes, section
477A.013, subdivisions 8 and 9, as if Northern Township is eligible to receive
the aid in calendar year 2027. If, by
January 31, 2027, Northern Township has not incorporated as a city, the
commissioner of revenue must within 30 days recalculate and recertify aid under
Minnesota Statutes, section 477A.013, subdivisions 8 and 9, without including
the township.
(b) The 2026 aid for the jurisdiction
under paragraph (a) is assumed to be $109.35 multiplied by the jurisdiction's
2024 population when calculating aid under Minnesota Statutes, section
477A.013, subdivisions 8 and 9, for aids payable in 2027 only.
EFFECTIVE DATE. This section is effective for aids
payable in 2027 only.
MINERALS TAXES
Section 1. Minnesota Statutes 2024, section 298.225, is amended to read:
298.225
APPROPRIATION.
Subdivision 1. Guaranteed
distribution. (a) Except as provided
under paragraph paragraphs (c) to (f) , the distribution
of the taconite production tax as provided in section 298.28, subdivisions 3 to
5, 6, paragraph paragraphs (b) and (c) , 7, and 8, shall
equal the lesser of the following amounts:
(1) the amount distributed pursuant to this section and section 298.28, with respect to 1983 production if the production for the year prior to the distribution year is no less than 42,000,000 taxable tons. If the production is less than 42,000,000 taxable tons, the amount of the distributions shall be reduced proportionately at the rate of two percent for each 1,000,000 tons, or part of 1,000,000 tons by which the production is less than 42,000,000 tons; or
(2)(i) for the distributions made pursuant to section 298.28, subdivisions 4, paragraphs (b) and (c), and 6, paragraph (c), 31.2 percent of the amount distributed pursuant to this section and section 298.28, with respect to 1983 production;
(ii) for the distributions made pursuant to section 298.28, subdivision 5, paragraphs (b) and (d), 75 percent of the amount distributed pursuant to this section and section 298.28, with respect to 1983 production provided that the aid guarantee for distributions under section 298.28, subdivision 5, paragraph (b), shall be reduced by five cents per taxable ton for production years 2014 and thereafter.
(b) The distribution of the taconite production tax as provided in section 298.28, subdivision 2, shall equal the following amount:
(1) if the production for the year prior to the distribution year is at least 42,000,000 taxable tons, the amount distributed pursuant to this section and section 298.28 with respect to 1999 production; or
(2) if the production for the year prior to the distribution year is less than 42,000,000 taxable tons, the amount distributed pursuant to this section and section 298.28 with respect to 1999 production, reduced proportionately at the rate of two percent for each 1,000,000 tons or part of 1,000,000 tons by which the production is less than 42,000,000 tons.
(c) The distribution of the taconite production tax under section 298.28, subdivision 3, paragraph (a), must equal the amount distributed under 298.28, with respect to 1983 production.
(d) For the two years after the year in
which Mesabi Metallics or its successor begins producing tonnage subject to the
taxes under section 298.24, the distribution of the taconite production tax
under section 298.28, subdivision 4, paragraph (b), clause (1), must equal the
amount distributed under section 298.28, with respect to 2023 production.
(e) For the two years after the year in
which Mesabi Metallics or its successor begins producing tonnage subject to the
taxes under section 298.24, the distributions of the taconite production tax
under section 298.28, subdivision 4, paragraph (b), clause (2), items (i) to
(v), must equal the amounts distributed under section 298.28, with respect to
2023 production, and the distributions of the taconite production tax to each
school district under section 298.28, subdivision 4, paragraph (b), clause (2),
item (vi), subitems (A) and (B), must equal $150,000.
(f) For the two years
after the year in which Mesabi Metallics or its successor begins producing
tonnage subject to the taxes under section 298.24, the distributions of the
taconite production tax to each school district under section 298.28,
subdivision 4, paragraph (d), clause (3), items (i) and (ii), must equal
$100,000.
(g) For the two years after the year in
which Mesabi Metallics or its successor begins producing tonnage subject to the
taxes under section 298.24, the distribution of the taconite production tax
under section 298.28, subdivision 11, paragraph (d), must equal 75 percent of
the amount that each school district received under Minnesota Statutes 1978,
section 294.26, in calendar year 1977.
(h) For the two years after the year in
which Mesabi Metallics or its successor begins producing tonnage subject to the
taxes under section 298.24, the distributions of the taconite production tax to
each of the city of Orr and the city of Winton under section 298.282,
subdivision 1, paragraph (a), must equal $25,000, and the distributions of the
taconite production tax to each of the city of Cook and the city of Two Harbors
under section 298.282, subdivision 1, paragraph (a), must equal $75,000.
Subd. 2. Funding guaranteed distribution level. (a) The money necessary for funding the difference between the initial distribution made pursuant to section 298.28 and the amount guaranteed in subdivision 1, paragraphs (a) to (c), is appropriated in equal proportions from the initial current year distributions to the taconite environmental protection fund and to the Douglas J. Johnson economic protection trust pursuant to section 298.28. If the initial distributions to the taconite environmental protection fund and the Douglas J. Johnson economic protection trust are insufficient to fund the difference, the commissioner of Iron Range resources and rehabilitation shall make the payments of any remaining difference from the corpus of the taconite environmental protection fund and the corpus of the Douglas J. Johnson economic protection trust fund in equal proportions as directed by the commissioner of revenue.
(b) The money necessary for funding the
difference between the initial distribution made pursuant to section 298.28 and
the amount guaranteed in subdivision 1, paragraphs (d) to (h), is appropriated
from the initial current year distribution to the Douglas J. Johnson economic
protection trust pursuant to section 298.28.
If the initial distribution to the Douglas J. Johnson economic
protection trust is insufficient to fund the difference, the commissioner of
Iron Range resources and rehabilitation shall make the payments of any
remaining difference from the corpus of the Douglas J. Johnson economic
protection trust fund as directed by the commissioner of revenue.
(c) If a taconite producer ceases beneficiation operations permanently and is required by a special law to make bond payments for a school district, the Douglas J. Johnson economic protection trust fund shall assume the payments of the taconite producer if the producer ceases to make the needed payments. The commissioner of Iron Range resources and rehabilitation shall make these school bond payments from the corpus of the Douglas J. Johnson economic protection trust fund in the amounts certified by the commissioner of revenue.
Sec. 2. Minnesota Statutes 2024, section 298.227, is amended to read:
298.227
TACONITE ECONOMIC DEVELOPMENT FUND.
(a) Except as provided in paragraph (b), an amount equal to that distributed pursuant to each taconite producer's taxable production and qualifying sales under section 298.28, subdivision 9a, shall be held by the commissioner of Iron Range resources and rehabilitation in a separate taconite economic development fund for each taconite and direct reduced ore producer. Money from the fund for each producer shall be released by the commissioner after review by a joint committee consisting of an equal number of representatives of the salaried employees and the nonsalaried production and maintenance employees of that producer. The District 11 director of the United States Steelworkers of America, on advice of each local employee president, shall select the employee members. In nonorganized operations, the employee committee shall be elected by the nonsalaried production and maintenance employees. The review must be completed no later than six months after the producer presents a proposal for
(b) Notwithstanding any provision to
the contrary, a producer operating Mesabi Metallics or its successor may not
receive a distribution under this section.
Sec. 3. Minnesota Statutes 2024, section 298.28, subdivision 2, is amended to read:
Subd. 2. City or town where quarried or produced. (a) 4.5 cents per gross ton of merchantable iron ore concentrate, hereinafter referred to as "taxable ton," produced by each producer except Mesabi Metallics or its successor, plus one cent per taxable ton produced in 2023 from the proceeds of the taxes collected under section 298.24 from Mesabi Metallics or its successor, plus the amount provided in paragraph (c), must be allocated to the city or town in the county in which the lands from which taconite was mined or quarried were located or within which the concentrate was produced. If the mining, quarrying, and concentration, or different steps in either thereof are carried on in more than one taxing district, the commissioner shall apportion equitably the proceeds of the part of the tax going to cities and towns among such subdivisions upon the basis of attributing 50 percent of the proceeds of the tax to the operation of mining or quarrying the taconite, and the remainder to the concentrating plant and to the processes of concentration, and with respect to each thereof giving due consideration to the relative extent of such operations performed in each such taxing district. The commissioner's order making such apportionment shall be subject to review by the Tax Court at the instance of any of the interested taxing districts, in the same manner as other orders of the commissioner.
(b)(1) Four cents per taxable ton produced
by each producer except Mesabi Metallics or its successor, and one cent per
taxable ton produced in 2023 from the proceeds of the taxes collected under
section 298.24 from Mesabi Metallics or its successor shall be allocated to
cities and organized townships affected by mining because their
boundaries are within three miles of a taconite mine pit that:
(i) was actively mined by LTV Steel Mining Company in 1999; or
(ii) has been actively mined in at least one of the prior three years.
(2) If a city or town is located near more
than one mine meeting the criteria under this paragraph, the city or town is
eligible to receive aid calculated from only the mine producing the largest
taxable tonnage. When more than one
municipality qualifies for aid based on one company's production, the aid must
be apportioned among the municipalities in proportion to their populations. The amounts distributed under this paragraph
to each municipality city and organized township must be used for
infrastructure improvement projects. The
amounts distributed under this paragraph to counties on behalf of each
unorganized township must be used by the county for infrastructure improvement
projects within the unorganized township.
Sec. 4. Minnesota Statutes 2024, section 298.28, subdivision 3, is amended to read:
Subd. 3. Cities;
towns. (a) 12.5 cents per taxable
ton, produced by each producer except Mesabi Metallics or its
successor, plus two cents per taxable ton produced in 2023 from the proceeds of
the taxes collected under section 298.24 from Mesabi Metallics or its
successor, less any amount distributed under subdivision 8, and paragraph
(b), must be allocated to the taconite municipal aid account to be distributed
as provided in section 298.282. The
amount allocated to the taconite municipal aid account must be annually
increased in the same proportion as the increase in the implicit price deflator
as provided in section 298.24, subdivision 1.
(b) An amount must be allocated to towns or cities that is annually certified by the county auditor of a county containing a taconite tax relief area as defined in section 273.134, paragraph (b) , within which there is (1) an organized township if, as of January 2, 1982, more than 75 percent of the assessed valuation of the township consists of iron ore or (2) a city if, as of January 2, 1980, more than 75 percent of the assessed valuation of the city consists of iron ore.
(c) The amount allocated under paragraph (b) will be the portion of a township's or city's certified levy equal to the proportion of (1) the difference between 50 percent of January 2, 1982, assessed value in the case of a township and 50 percent of the January 2, 1980, assessed value in the case of a city and its current assessed value to (2) the sum of its current assessed value plus the difference determined in (1), provided that the amount distributed shall not exceed $55 per capita in the case of a township or $75 per capita in the case of a city. For purposes of this limitation, population will be determined according to the 1980 decennial census conducted by the United States Bureau of the Census. If the current assessed value of the township exceeds 50 percent of the township's January 2, 1982, assessed value, or if the current assessed value of the city exceeds 50 percent of the city's January 2, 1980, assessed value, this paragraph shall not apply. For purposes of this paragraph, "assessed value," when used in reference to years other than 1980 or 1982, means the appropriate net tax capacities multiplied by 10.2.
(d) In addition to other distributions under
this subdivision, three cents per taxable ton for distributions in 2009 must be
allocated for distribution to towns that are entirely located within the
taconite tax relief area defined in section 273.134, paragraph (b). For distribution in 2010 through 2014 and for
distribution in 2018 and subsequent years, the three-cent amount must be
annually increased in the same proportion as the increase in the implicit price
deflator as provided in section 298.24, subdivision 1. The amount available under this paragraph
will be distributed to eligible towns on a per capita basis, provided that no
town may receive more than $50,000 $70,000 in any year under this
paragraph. Any amount of the
distribution that exceeds the $50,000 $70,000 limitation for a
town under this paragraph must be redistributed on a per capita basis among the
other eligible towns, to whose distributions do not exceed $50,000 $70,000.
Sec. 5. Minnesota Statutes 2024, section 298.28, subdivision 4, is amended to read:
Subd. 4. School districts. (a) 32.15 cents per taxable ton produced by each producer except Mesabi Metallics or its successor, plus 32.72 cents per taxable ton produced by Mesabi Metallics or its successor, plus $300,000 from the proceeds of the taxes collected under section 298.24 from Mesabi Metallics or its successor, plus the increase provided in paragraph (b), clause (3) , plus the increase provided in paragraph (d), less the amount that would have been computed under Minnesota Statutes 2008, section 126C.21, subdivision 4, for the current year for that district, must be allocated to qualifying school districts to be distributed, based upon the certification of the commissioner of revenue, under paragraphs (b), (c), (d), and (f).
The distribution must be based on the apportionment formula prescribed in subdivision 2.
(ii) (2) Four cents per taxable
ton from each taconite facility produced by each producer except
Mesabi Metallics or its successor, plus eight cents per taxable ton produced by
Mesabi Metallics or its successor, plus $300,000 from the proceeds of the taxes
collected under section 298.24 from Mesabi Metallics or its successor must
be distributed to each affected school district for deposit in a fund dedicated
to building maintenance and repairs, as follows:
(1) (i) proceeds from Keewatin
Taconite or its successor are distributed to Independent School Districts Nos. 316,
Coleraine, and 319, Nashwauk-Keewatin, or their successor districts;
(2) (ii) proceeds from the
Hibbing Taconite Company or its successor are distributed to Independent School
Districts Nos. 695, Chisholm, and 701, Hibbing, or their successor
districts;
(3) (iii) proceeds from the
Mittal Steel Company and Minntac or their successors are distributed to
Independent School Districts Nos. 712, Mountain Iron-Buhl, 706,
Virginia, 2711, Mesabi East, and 2154, Eveleth-Gilbert 2909, Rock
Ridge, or their successor districts;
(4) (iv) proceeds from the
Northshore Mining Company or its successor are distributed to Independent
School Districts Nos. 2142, St. Louis County, and 381, Lake Superior,
or their successor districts; and
(5) (v) proceeds from United
Taconite or its successor are distributed to Independent School Districts Nos. 2142,
St. Louis County, and 2154, Eveleth-Gilbert 2909, Rock Ridge,
or their successor districts.; and
(vi) proceeds from Mesabi Metallics or
its successor are distributed as follows:
(A) $150,000 to Independent School
District No. 318, Grand Rapids, or its successor district;
(B) $150,000 to Independent School
District No. 696, Ely, or its successor district; and
(C) eight cents per taxable ton to
Independent School Districts Nos. 316, Greenway, and 319, Nashwauk‑Keewatin,
or their successor districts.
Revenues that are required to be distributed to more than one district shall be apportioned according to the number of pupil units identified in section 126C.05, subdivision 1, enrolled in the second previous year.
(3) Each school district that received a
distribution under clause (2) in distribution year 2024 shall receive, from the
proceeds of the taxes collected under section 298.24 from Mesabi Metallics or
its successor, an additional four cents per taxable ton produced in 2023 by the
producer from which the school district received a distribution under clause
(2) in distribution year 2024.
(c) (i) (1) 24.72 cents per
taxable ton, less any amount distributed under paragraph (e), shall be
distributed to a group of school districts comprised of those school districts
which qualify as a tax relief area under section 273.134, paragraph (b) , or in
which there is a qualifying municipality as defined by section 273.134,
paragraph (a) , in direct proportion to school district indexes as follows: for each school district, its pupil units
determined under section 126C.05 for the prior school year shall be multiplied
by the ratio of the average adjusted net tax capacity per pupil unit for school
districts receiving aid under this clause as calculated pursuant to chapters
122A, 126C, and 127A for the school year ending prior to distribution to the
adjusted net tax capacity per pupil unit of the district. Each district shall receive that portion of
the distribution which its index bears to the sum of the indices for all school
districts that receive the distributions.
(2) Notwithstanding
clause
(ii)(i) (1) , each school district that receives a
distribution under sections 298.018; 298.24; and 298.25 to 298.28, exclusive of
any amount received under this clause; 298.34 to 298.39; 298.391 to 298.396;
298.405; or any law imposing a tax on severed mineral values after reduction
for any portion distributed to cities and towns under section 126C.48,
subdivision 8, paragraph (5), that is less than the amount of its levy
reduction under section 126C.48, subdivision 8, for the second year prior to
the year of the distribution shall receive a distribution equal to the
difference; the amount necessary to make this payment shall be derived from
proportionate reductions in the initial distribution to other school districts
under clause (i) (1). If
there are insufficient tax proceeds to make the distribution provided under
this paragraph in any year, money must be transferred from the taconite
property tax relief account in subdivision 6, to the extent of the shortfall in
the distribution.
(d)(1) Any school district described in paragraph (c) where a levy increase pursuant to section 126C.17, subdivision 9, was authorized by referendum for taxes payable in 2001, shall receive a distribution of 21.3 cents per taxable ton. Each district shall receive $175 times the pupil units identified in section 126C.05, subdivision 1, enrolled in the second previous year or the 1983-1984 school year, whichever is greater, less the product of 1.8 percent times the district's taxable net tax capacity in 2011.
(2) Districts qualifying under paragraph (c) must receive additional taconite aid each year equal to 22.5 percent of the amount obtained by subtracting:
(i) 1.8 percent of the district's net tax capacity for 2011, from:
(ii) the district's weighted average daily membership for fiscal year 2012, multiplied by the sum of:
(A) $415, plus
(B) the district's referendum revenue allowance for fiscal year 2013.
(3) In addition to amounts under
clauses (1) and (2), 4.57 cents per taxable ton produced in 2023 from the
proceeds of the taxes collected under section 298.24 from Mesabi Metallics or
its successor must be distributed as follows:
(i) $100,000 from the proceeds of
Mesabi Metallics or its successor to Independent School District No. 695,
Chisholm, or its successor district;
(ii) $100,000 from the proceeds of
Mesabi Metallics or its successor to Independent School District No. 696,
Ely, or its successor district; and
(iii) the remainder to school districts
eligible for a distribution under paragraph (b), clause (1), based on the
apportionment formula prescribed in subdivision 2.
If the total amount provided by paragraph (d) , clauses (1) and (2), is insufficient to make the payments herein required then the entitlement of $175 per pupil unit shall be reduced uniformly so as not to exceed the funds available. Any amounts received by a qualifying school district in any fiscal year pursuant to paragraph (d) shall not be applied to reduce general education aid which the district receives pursuant to section 126C.13 or the permissible levies of the district. Any amount remaining after the payments provided in this paragraph shall be paid to the commissioner of Iron Range resources and rehabilitation who shall deposit the same in the taconite environmental protection fund and the Douglas J. Johnson economic protection trust fund as provided in subdivision 11.
(e) There shall be distributed to any school district the amount which the school district was entitled to receive under section 298.32 in 1975.
(f) Four cents per taxable ton must be
distributed to qualifying school districts according to the distribution
specified in paragraph (b), clause (ii) (2) , and 11 cents per
taxable ton must be distributed according to the distribution specified in
paragraph (c). These amounts are not
subject to section 126C.48, subdivision 8.
Sec. 6. Minnesota Statutes 2024, section 298.28, subdivision 7a, is amended to read:
Subd. 7a. Iron Range schools and community development account. (a) The following amounts must be allocated to the commissioner of Iron Range resources and rehabilitation to be deposited in the Iron Range schools and community development account that is hereby created:
(1)(i) for distributions in 2024 through 2032, 24 cents per taxable ton of the tax imposed under section 298.24, (ii) for distributions beginning in 2033, ten cents per taxable ton of the tax imposed under section 298.24;
(2) the amount as determined under section
298.17, paragraph (b), clause (3); and
(3) for distributions in the year after
the year in which Mesabi Metallics or its successor begins producing tonnage
subject to the taxes under section 298.24 through 2050, 20 cents per taxable
ton produced by Mesabi Metallics or its successor, provided that the allocation
under this clause must only be used for projects within Independent School
District No. 316, Greenway, that are approved by referendum within five
years of the date Mesabi Metallics or its successor begins producing tonnage
subject to the taxes under section 298.24, and that are approved by the
commissioner of Iron Range resources and rehabilitation after review by the
Iron Range Resources and Rehabilitation Advisory Board. If projects are not approved by referendum
within five years of the date Mesabi Metallics or its successor begins
producing tonnage subject to the taxes under section 298.24, or if the
commissioner determines that the allocation exceeds the amount necessary for
approved projects, the remainder of the allocation under this clause must be
used as provided under paragraph (b); and
(4) any other amount as provided by law.
(b) Expenditures from this account,
except as provided in paragraph (a), clause (3), may be approved as ongoing
annual expenditures and shall be made only to provide for
disbursements to assist school districts with the payment of bonds that were
issued for qualified school projects, or for any other disbursements
to school disbursement as approved by the commissioner of Iron Range
resources and rehabilitation after consultation with the Iron Range Resources
and Rehabilitation Board districts, or community development. For purposes of this section, "qualified
school projects" means school projects within the taconite assistance area
as defined in section 273.1341, that were (1) approved, by referendum, after
April 3, 2006; and (2) approved by the commissioner of education pursuant to
section 123B.71.
(c) Beginning in fiscal year 2019, the disbursement to school districts for payments for bonds issued under section 123A.482, subdivision 9, must be increased each year to offset any reduction in debt service equalization aid that the school district qualifies for in that year, under section 123B.53, subdivision 6, compared with the amount the school district qualified for in fiscal year 2018.
(d) No expenditure under this section shall be made unless approved by the commissioner of Iron Range resources and rehabilitation after consultation with the Iron Range Resources and Rehabilitation Advisory Board.
Subd. 8. Range Association of Municipalities and Schools. 0.50 cent per taxable ton produced by each producer except Mesabi Metallics or its successor shall be paid to the Range Association of Municipalities and Schools, for the purpose of providing an areawide approach to problems which demand coordinated and cooperative actions and which are common to those areas of northeast Minnesota affected by operations involved in mining iron ore and taconite and producing concentrate therefrom, and for the purpose of promoting the general welfare and economic development of the cities, towns, and school districts within the Iron Range area of northeast Minnesota.
Sec. 8. Minnesota Statutes 2024, section 298.28, subdivision 9a, is amended to read:
Subd. 9a. Taconite
economic development fund. (a) 25.1
cents per taxable ton for distributions in 2002 and thereafter produced
by each producer except Mesabi Metallics or its successor must be paid to
the taconite economic development fund. No
distribution shall be made under this paragraph in 2004 2027 or
any subsequent year in which total industry production in the preceding
year, excluding production by MagIron or its successor at Plant 4 in Arbo
Township and production by Mesabi Metallics or its successor, falls below
30 million tons. Distribution shall only
be made to a Minnesota taconite pellet producer's fund under section 298.227 if
the producer timely pays its tax under section 298.24 by the dates provided
under section 298.27, or pursuant to the due dates provided by an administrative
agreement with the commissioner.
(b) An amount equal to 50 percent of the tax
taxes collected under section 298.24 from each producer except Mesabi
Metallics or its successor for concentrate sold in the form of pellet chips
and fines not exceeding 5/16 inch in size and not including crushed pellets
shall be paid to the taconite economic development fund. The amount paid shall not exceed $700,000
annually for all Minnesota taconite pellet producers. If the initial amount to be paid to the fund
exceeds this amount, each Minnesota taconite pellet producer's payment shall be
prorated so the total does not exceed $700,000.
Sec. 9. Minnesota Statutes 2024, section 298.28, subdivision 9b, is amended to read:
Subd. 9b. Taconite environmental fund. Five cents per taxable ton must be paid to the taconite environmental fund for use under section 298.2961, subdivision 4.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota Statutes 2024, section 298.28, is amended by adding a subdivision to read:
Subd. 10a. Insufficient
proceeds. If the proceeds of
the taxes collected under section 298.24 from Mesabi Metallics or its successor
are insufficient to fund the allocations designated from those proceeds under
this section, the following allocations and distributions must be proportionally
decreased such that the proceeds of the taxes collected under section 298.24
from Mesabi Metallics or its successor are sufficient to fund the allocations
designated from those proceeds under this section:
(1) allocations under this section
calculated based on taxable tonnage produced in 2023;
(2) distributions under subdivision 4,
paragraph (b), clause (2), item (vi), subitems (A) and (B); and
(3) distributions under subdivision 4, paragraph (d),
clause (3), items (i) and (ii).
Subd. 11. Remainder. (a) The proceeds of the tax imposed by
section 298.24 which remain after the distributions and payments in
subdivisions 2 to 10a 10, as certified by the commissioner of
revenue, and paragraphs (b), (c), and (d) have been made, together with
interest earned on all money distributed under this section prior to
distribution, shall be divided between the taconite environmental protection
fund created in section 298.223 and the Douglas J. Johnson economic protection
trust fund created in section 298.292 as follows: Two-thirds to the taconite environmental
protection fund and one-third to the Douglas J. Johnson economic protection
trust fund. The proceeds shall be placed
in the respective special accounts.
(b) There shall be distributed to each city, town, and county the amount that it received under Minnesota Statutes 1978, section 294.26, in calendar year 1977; provided, however, that (1) the amount distributed in 1981 to the unorganized territory number 2 of Lake County and the town of Beaver Bay based on the between-terminal trackage of Erie Mining Company will be distributed in 1982 and subsequent years to the unorganized territory number 2 of Lake County and the towns of Beaver Bay and Stony River based on the miles of track of Erie Mining Company in each taxing district; and (2) a city located within six miles of five other cities qualifying for a distribution under section 298.282 shall receive a distribution equal to $5,000 under this paragraph in calendar year 2020 and subsequent years. The distribution to all other cites and towns receiving a distribution under this paragraph shall be reduced by the ratio that $5,000 bears to the total aid distribution received by all cities and towns under this paragraph.
(c) There shall be distributed to the Iron Range resources and rehabilitation account the amounts it received in 1977 under Minnesota Statutes 1978, section 298.22. The amount distributed under this paragraph shall be expended within or for the benefit of the taconite assistance area defined in section 273.1341.
(d) There shall be distributed to each
school district 62 75 percent of the amount that it received
under Minnesota Statutes 1978, section 294.26, in calendar year 1977.
Sec. 12. Minnesota Statutes 2024, section 298.282, subdivision 1, is amended to read:
Subdivision 1. Distribution
of taconite municipal aid account. (a)
The amount deposited with the county as provided in section 298.28, subdivision
3, must be distributed as provided by this section among: (1) the municipalities located within a
taconite assistance area under section 273.1341 that meet the criteria of
section 273.1341, clause (1) or (2); (2) a township that contains a state park
consisting primarily of an underground iron ore mine; (3) a city located within
five miles of that state park; (4) the city of Cook in St. Louis
County; (5) the city of Two Harbors in Lake County; (6) the city of Orr in St. Louis
County; (7) the city of Winton in St. Louis County; and (4) (8)
Breitung Township in St. Louis County, each being referred to in this
section as a qualifying municipality. The
distribution to distributions to each of the city of Orr, the city of
Winton, and Breitung Township under this subdivision shall be $25,000
annually. The distributions to each
of the city of Cook and the city of Two Harbors under this subdivision shall be
$75,000 annually.
(b) The amount deposited in the state general fund as provided in section 298.018, subdivision 1, must be distributed in the same manner as provided under paragraph (a), except that subdivisions 3, 4, and 5 do not apply, and the distributions shall be made on the dates provided under section 298.018, subdivision 1a.
Sec. 13. EFFECTIVE
DATE; REVISOR NOTIFICATION.
(a) Sections 1 to 8 and 10 to 12 are
effective for distributions in the year after the year in which Mesabi
Metallics or its successor begins producing tonnage subject to the taxes under
Minnesota Statutes, section 298.24, and thereafter. The commissioner of revenue must certify to
the commissioner of Iron Range resources and rehabilitation when production
begins.
(b) The commissioner
of revenue must notify the revisor of statutes within 30 days of the
certification under paragraph (a).
ARTICLE 6
TAX INCREMENT FINANCING
Section 1. Minnesota Statutes 2024, section 469.176, subdivision 2, is amended to read:
Subd. 2. Excess
increments. (a) The authority shall
must annually determine the amount of excess increments for a district,
if any. This determination must be based
on the tax increment financing plan in effect on December 31 of the year being
reviewed and the increments and other revenues received as of
December 31 of the year. The
authority must spend or return the excess increments under paragraph (c) within
nine months after the end of the year.
If the authority determines there are excess increments for a
district, within nine months after December 31, the authority must:
(1) return the excess increments to the
county auditor; and
(2) absent an outstanding qualifying
pay-as-you-go contract and note, as defined under section 469.1763, subdivision
4, paragraph (e), decertify the district.
(b) The requirement to decertify under paragraph (a) is deferred if:
(1) within nine months after December 31, a modification of the tax increment financing plan is approved under section 469.175, subdivision 4; and
(2) the modification increases the
total costs authorized to be paid with increments from the district by an
amount greater than the excess increment determined under paragraph (a).
(c) The deferral permitted under paragraph (b) expires nine months following the next year for which:
(1) the authority determines an amount
of excess increments exists;
(2) there are no further approved modifications to the tax increment financing plan that increase the total costs authorized to be paid with increments from the district by an amount greater than the excess increment; and
(3) the district has no outstanding
qualifying pay-as-you-go contract and note.
(b) (d) For purposes of this
subdivision, "excess increments" equals the excess of:
(1) total increments collected from the
district since its certification, reduced by any excess increments paid returned
under paragraph (c), clause (4), (e) for a prior year, over
(2) the total costs authorized by the tax
increment financing plan to be paid with increments from the district, reduced,
but not below zero, by the sum of:
(i) the amounts of those authorized costs
that have been paid from sources other than tax increments from the district;
(ii) revenues, other than tax increments
from the district, that are dedicated for or otherwise required to be used to
pay those authorized costs and that the authority has received and that are not
included in item (i);
(iii) the amount of
principal and interest obligations due on outstanding bonds after December 31
of the year and not prepaid under paragraph (c) in a prior year; and
(iv) increased by the sum of the
transfers of increments made under section 469.1763, subdivision 6, to reduce
deficits in other districts made by December 31 of the year.
(c) The authority shall use excess
increment only to do one or more of the following:
(1) prepay any outstanding bonds;
(2) discharge the pledge of tax increment
for any outstanding bonds;
(3) pay into an escrow account dedicated
to the payment of any outstanding bonds; or
(4) return the excess amount to (e)
The county auditor who shall must distribute the excess amount
increments returned under paragraph (a) to the city or town, county, and
school district in which the tax increment financing district is located in
direct proportion to their respective local tax rates.
(d) For purposes of a district for which
the request for certification was made prior to August 1, 1979, excess
increments equal the amount of increments on hand on December 31, less the
principal and interest obligations due on outstanding bonds or advances,
qualifying under subdivision 1c, clauses (1), (2), (4), and (5), after December
31 of the year and not prepaid under paragraph (c).
(e) (f) The county auditor
must, prior to February 1 of each year, report to the commissioner of education
the amount of any excess tax increment distributed to a school district for the
preceding taxable year.
(f) For purposes of this subdivision,
"outstanding bonds" means bonds which are secured by increments from
the district.
(g) The state auditor may exempt an
authority from reporting the amounts calculated under this subdivision for a
calendar year, if the authority certifies to the auditor in its report that the
total amount authorized by the tax increment plan to be paid with increments
from the district exceeds the sum of the total increments collected for the
district for all years by 20 percent.
EFFECTIVE
DATE. This section applies to
all districts and is effective for excess increment determinations for calendar
year 2026 and thereafter.
Sec. 2. Laws 2021, First Special Session chapter 14, article 9, section 9, is amended to read:
Sec. 9. CITY
OF MOUNTAIN LAKE; TIF DISTRICT NO. 1-8;
FIVE-YEAR RULE EXTENSION.
(a) The requirement of Minnesota Statutes,
section 469.1763, subdivision 3, that activities must be undertaken within a
five-year period from the date of certification of a tax increment financing
district, is extended by a five‑year an eight-year period to
April 1, 2029, for Tax Increment Financing District No. 1-8,
administered by the city of Mountain Lake or its economic development
authority.
(b) The requirement of Minnesota Statutes,
section 469.1763, subdivision 4, relating to the use of increment after the
expiration of the five-year period under Minnesota Statutes, section 469.1763,
subdivision 3, is extended to the 11th 14th year for Tax
Increment Financing District No. 1-8.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Mountain Lake and its chief clerical officer comply with the
requirements of Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec. 11. CITY
OF WAYZATA; TIF DISTRICT NO. 6;
EXPENDITURES ALLOWED.
(a) Notwithstanding Minnesota
Statutes, section sections 469.176, subdivision 4l, and 469.1763,
subdivision 2, the city of Wayzata may expend increments generated from Tax
Increment Financing District No. 6 for the design and construction of the
lakefront pedestrian walkway and community transient lake public access
infrastructure related to the Panoway on Wayzata Bay project, and all such
expenditures are deemed expended on activities within the district.
(b) Notwithstanding Minnesota Statutes,
sections 469.176, subdivision 4l, and 469.1763, subdivision 2, the city of
Wayzata may expend increments generated from Tax Increment Financing District No. 6
on the following projects:
(1) design and construction of the Eco
Park, including shoreline restoration, marsh and water quality improvements, a
pier extension of the lakeside boardwalk, and creation of eco-living
classrooms;
(2)
restoration of the Section Foreman House, including installation of a learning
center and community space; and
(3) expansion and remodeling of the Depot Park, including accessibility improvements related to the Panoway on Wayzata Bay project.
(c) Notwithstanding Minnesota Statutes,
section 469.1763, subdivisions 2, 3, and 4, expenditures on projects in
paragraph (b) are deemed expended on activities within the district.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Wayzata and its chief
clerical officer comply with the requirements of Minnesota Statutes, section
645.021, subdivisions 2 and 3.
Sec. 4. Laws 2025, First Special Session chapter 13, article 5, section 11, subdivision 3, is amended to read:
Subd. 3. Expiration. The authority to approve a tax increment
financing plan to establish a tax increment financing district under this
section expires December 31, 2026 2028.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Eden Prairie and its
chief clerical officer comply with the requirements of Minnesota Statutes,
section 645.021, subdivisions 2 and 3.
Sec. 5. CITY
OF CHASKA; TAX INCREMENT FINANCING DISTRICT NO.
23.
Notwithstanding Minnesota Statutes,
section 469.176, subdivision 1b, the Chaska Economic Development Authority may
collect tax increment from Chaska Tax Increment Financing District No. 23
for up to 35 years after receipt of the first increment.
EFFECTIVE
DATE. This section is
effective upon compliance by the governing bodies of the city of Chaska, Carver
County, and Independent School District No. 112 with the requirements of
Minnesota Statutes, section 469.1782, subdivision 2.
Sec. 6. CITY
OF COLUMBIA HEIGHTS; ALATUS TAX INCREMENT FINANCING DISTRICT; FIVE-YEAR RULE
EXTENSION; SIX-YEAR RULE EXTENSION; DURATION EXTENSION.
(a) The five-year period under Minnesota
Statutes, section 469.1763, subdivision 3, is extended to ten years and the
period under Minnesota Statutes, section 469.1763, subdivision 4, relating to
the use of increment after the expiration of the five-year period, is extended
to 11 years for the Alatus Tax Increment Financing District in the city of
Columbia Heights.
(b) Notwithstanding
Minnesota Statutes, section 469.176, subdivisions 1b and 1d, the city of
Columbia Heights or its economic development authority may elect to extend the
duration of the Alatus Tax Increment Financing District in the city of Columbia
Heights by five years.
EFFECTIVE
DATE. Paragraph (a) is
effective the day after the governing body of the city of Columbia Heights and
its chief clerical officer comply with the requirements of Minnesota Statutes,
section 645.021, subdivisions 2 and 3. Paragraph
(b) is effective upon compliance by the governing bodies of the city of
Columbia Heights, Anoka County, and Independent School District No. 13
with the requirements of Minnesota Statutes, section 469.1782, subdivision 2.
Sec. 7. CITY
OF HOPKINS; TAX INCREMENT FINANCING DISTRICT 1-6 (325 BLAKE); FIVE‑YEAR RULE
EXTENSION; SIX-YEAR RULE EXTENSION.
The five-year period under Minnesota Statutes, section 469.1763, subdivision 3, is extended to ten years and the period under Minnesota Statutes, section 469.1763, subdivision 4, relating to the use of increment after the expiration of the five-year period, is extended to 11 years for Tax Increment Financing District 1-6 (325 Blake) in the city of Hopkins.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Hopkins and its chief
clerical officer comply with the requirements of Minnesota Statutes, section
645.021, subdivisions 2 and 3.
ARTICLE 7
PUBLIC FINANCE
Section 1. Minnesota Statutes 2024, section 297A.993, subdivision 4, is amended to read:
Subd. 4. Bonds. (a) A county may, by resolution, authorize, issue, and sell its bonds, notes, or other obligations for the purposes specified in subdivision 2. The county may also, by resolution, issue bonds to refund the bonds issued pursuant to this subdivision.
(b) The bonds may be limited obligations, payable solely from or secured by taxes levied under this section, and the county may also pledge its full faith, credit, and taxing power as additional security for the bonds. A regional railroad authority within the county may also pledge its taxing powers as additional security for the bonds.
(c) A county may issue and sell bonds in one or more series and without an election. The county may determine how the bonds shall be secured; how the bonds will bear interest, and the rate or rates, or variable rate; the rank or priority; how the bonds will be executed and be payable, and how they will mature; and how the bonds will be subject to any defaults, redemptions, repurchases, tender options, or other terms. The county may also determine how the bonds shall be sold.
(d) The county may enter into and perform all contracts deemed necessary or desirable by it to issue and secure the bonds, including an indenture of trust with a trustee located within or outside of the state.
(e) Before issuing bonds qualifying under
this section, the county must publish a notice of its intention to issue the
bonds and the date and time of a hearing to obtain public comment on the matter. The notice must be published in the official
newspaper of the county or in a newspaper of general circulation in the county. The notice must be published at least 14
ten, but not more than 28, days before the date of the hearing.
(f) Any project financed with bonds issued under this section must be included in a capital improvement plan as defined in section 373.40, subdivision 3. For purposes of this paragraph, "project" means any project described in subdivision 2, notwithstanding section 373.40, subdivision 1, paragraph (b).
Sec. 2. Minnesota Statutes 2024, section 469.060, subdivision 3, is amended to read:
Subd. 3. Detail;
maturity. The port authority with
the consent of its city's council shall set the date, denominations, place of
payment, form, and details of the bonds.
The bonds must mature serially.
The first installment must be due in not more than three years and the
last in not more than 30 years from the date of issuance.
ARTICLE 8
MISCELLANEOUS
Section 1. Minnesota Statutes 2024, section 270B.14, is amended by adding a subdivision to read:
Subd. 25. Exchange
of criminal investigative data between Department of Revenue and Financial
Crimes and Fraud Section. (a)
For purposes of this subdivision, "FCFS" means the Financial Crimes
and Fraud Section of the Bureau of Criminal Apprehension.
(b) The commissioner may disclose
active criminal investigative data as classified under section 270B.03,
subdivision 6, to the FCFS. The FCFS may
disclose active criminal investigative data concerning tax administration to
the commissioner as outlined in section 299C.061, subdivision 6. The commissioner may enter into an agreement
with the FCFS outlining procedures to implement the exchange of information
under this subdivision, but an agreement may provide for the disclosure of data
only to the extent allowed under this subdivision. Disclosure is allowed only for the purpose of
and to the extent necessary for tax administration and for the purpose of and
to the extent necessary for the FCFS to carry out section 299C.061, subdivision
3.
(c) Data disclosed by the commissioner
to the FCFS under this subdivision are classified under section 270B.03,
subdivision 6. Data disclosed by the
FCFS to the commissioner under section 299C.061, subdivision 6, are classified
under section 13.82, subdivision 7.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2024, section 270B.15, is amended to read:
270B.15
DISCLOSURE TO LEGISLATIVE AUDITOR AND STATE AUDITOR; INSPECTOR GENERAL.
Subdivision 1. Legislative auditor and state auditor. (a) Returns and return information must be disclosed to the legislative auditor to the extent necessary for the legislative auditor to carry out sections 3.97 to 3.979.
(b) The commissioner must disclose return information, including the report required under section 289A.12, subdivision 15, to the state auditor to the extent necessary to conduct audits of job opportunity building zones as required under section 469.3201.
Subd. 2. Inspector
general. Returns and return
information must be disclosed to the inspector general, as given meaning in
section 15E.10, to the extent necessary for the inspector general to carry out
chapter 15E. The inspector general may
disseminate data of any classification to the commissioner for purposes of
administering the provisions of section 290.036.
EFFECTIVE DATE. This section is effective January 1,
2027.
Subdivision 1. Liability imposed. A person who, either singly or jointly with others, has the control of, supervision of, or responsibility for filing returns or reports, paying taxes, or collecting or withholding and remitting taxes and who fails to do so, or a person who is liable under any other law, is liable for the payment of taxes arising under chapters 295, 296A, 297A, 297F, and 297G, or sections 290.036, 290.92, and 297E.02, and the applicable penalties and interest on those taxes.
EFFECTIVE
DATE. This section is
effective for convictions of fraud made after December 31, 2025.
Sec. 4. Minnesota Statutes 2024, section 289A.40, subdivision 1, is amended to read:
Subdivision 1. Time
limit; generally. (a) Unless
otherwise provided in this chapter, a claim for a refund of an overpayment of
state tax must be filed within 3-1/2 years from the date prescribed for filing
the return, plus any extension of time granted for filing the return, but only
if filed within the extended time, or one year from the date of an order
assessing tax under section 270C.33 or an order determining an appeal under
section 270C.35, subdivision 8, or one year from the date of a return made by
the commissioner under section 270C.33, subdivision 3, upon payment in full of
the tax, penalties, and interest shown on the order or return made by the
commissioner two years from the date the tax, penalties, or interest was
paid, whichever period expires later.
Claims for refund, except for taxes under chapter 297A, filed after
the 3-1/2 year period but within the one-year period are limited to the amount
of the tax, penalties, and interest on the order or return made by the
commissioner and to issues determined by the order or return made by the
commissioner.
In the case of assessments under
section 289A.38, subdivision 5 or 6, claims for refund under chapter 297A filed
after the 3-1/2 year period but within the one-year period are limited to the
amount of the tax, penalties, and interest on the order or return made by the
commissioner that are due for the period before the 3-1/2 year period.
(b) For purposes of this subdivision,
the amount of a refund is limited as follows:
(1) if the claim was filed by the
taxpayer during the 3-1/2 year period prescribed in paragraph (a), the refund
must not exceed the tax, penalties, and interest paid within the period,
immediately preceding the filing of the claim, equal to 3-1/2 years plus any
extension of time granted for filing the return, but only if filed within the
extended time;
(2) if the claim was not filed by the
taxpayer within the 3-1/2 year period prescribed in paragraph (a), the refund
must not exceed the tax, penalties, and interest paid during the two years
immediately preceding the filing of the claim; and
(3) if no claim was filed by the
taxpayer, the refund must not exceed the amount which would be allowable under
clause (1) or (2), if the claim was filed on the date the refund is allowed.
(c) For purposes of this subdivision,
the prepayment of tax made by withholding of tax at the source or payment of
estimated tax before the due date is considered paid on the last day prescribed
by law for the payment of the tax by the taxpayer. A return filed before the last day prescribed
for filing the return is considered to be filed on the last day. If an extension for filing a return is
granted, a return filed before the extended due date is considered to be filed
on the extended due date.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to claims for refund
filed on or after that date.
Subd. 6. Penalty for failure to file, false or fraudulent return, evasion. (a) If a person, with intent to evade or defeat a tax or payment of tax, fails to file a return, files a false or fraudulent return, or attempts in any other manner to evade or defeat a tax or payment of tax, there is imposed on the person a penalty equal to 50 percent of the tax, less amounts paid by the person on the basis of the false or fraudulent return, if any, due for the period to which the return related.
(b) If a person files a false or fraudulent return that includes a claim for refund, there is imposed on the person a penalty equal to 50 percent of the portion of any refund claimed that is attributable to fraud. The penalty under this paragraph is in addition to any penalty imposed under paragraph (a) or (c).
(c) If a person receives money, whether
reported or not reported on a return, that is due to fraud of a public program
as defined in section 290.036, subdivision 1, there may be imposed on the
person a penalty equal to 100 percent of the amounts received attributable to
the fraud. The penalty under this
paragraph is in addition to any penalty imposed under paragraph (a) or (b). This penalty must not be assessed on any
amounts already assessed under section 290.036.
Any amounts collected must be deposited to the tax relief account
identified in section 290.036, subdivision 5.
The penalty under this paragraph is an order of assessment by the
commissioner that is appealable pursuant to chapters 270C and 271.
EFFECTIVE
DATE. This section is
effective for determinations of fraud made after December 31, 2025.
Sec. 6. [290.036]
TAX ON AMOUNTS OBTAINED THROUGH FRAUD.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "First-tier rate" means
the lowest rate cited in section 290.06, subdivision 2c, paragraphs (a) to (c).
(c) "Public program" and
"fraud" have the meanings given in section 13.357.
(d) "Program fraud amount"
means the amount of money acquired directly or indirectly by fraud of a public
program that is certified to the commissioner under subdivision 4. Program fraud amount excludes refunds for
overpayment of taxes.
Subd. 2. Tax
imposed. (a) A tax equal to
100 percent of the program fraud amount is imposed on any person or
organization convicted by a state or federal court of fraud.
(b) The tax under this section applies
regardless of any amount of restitution, tax, or penalty imposed on or paid by
a person or organization described in paragraph (a).
(c) If multiple persons or
organizations are convicted of the same fraud, the liability shall be joint and
several on the convicted persons or organizations.
(d) The assessment of this tax under
paragraph (a) is considered a jeopardy assessment or jeopardy collection as
provided in section 270C.36.
Subd. 3. Data
sharing. As authorized by
section 270B.14, subdivision 25, the commissioner may share with the Financial
Crimes and Fraud Section of the Bureau of Criminal Apprehension active
investigative data related to enforcement of this section.
Subd. 4. Agency
certification. (a) After a
conviction of a person or organization of fraud of a public program, the agency
primarily responsible for administering the public program must certify to the
commissioner the name of the person or organization, the name of the public
program involved, and the amount of money the court determines the person or
organization was responsible for in the conviction, regardless of the
restitution amount.
(b) The agency's certification must be
in the form and manner prescribed by the commissioner.
(c) An agency's certification to the
commissioner is prima facie correct and valid.
The person or organization has the burden of establishing its
incorrectness or invalidity in any related action or proceeding.
Subd. 5. Deposit
of money. (a) A tax relief
account is established in the special revenue fund. The commissioner must deposit the money
collected from the tax imposed under this section to the tax relief account.
(b) The funds will remain in this
account until the following:
(1) by December 15 of each year, the
commissioner must determine the amount in the tax relief account and determine
the amount of a reduction in the first-tier rate for the following taxable year. The determination is based using the most
recent November forecast required under section 16A.103;
(2) when there is enough money
accumulated in the tax relief account, the commissioner must reduce the first‑tier
rate for the following taxable year. This
reduction must be calculated to approximate the amount currently on deposit in
the tax relief fund. The reduction must
only be for that taxable year. The
threshold for a reduction of the rate must not be below one-tenth of one
percent; and
(3) if the rate is reduced for the
following taxable year under clause (2), the amounts in the tax relief fund
must be deposited in the general fund.
EFFECTIVE
DATE. This section is
effective for convictions of fraud made after December 31, 2025.
Sec. 7. Minnesota Statutes 2025 Supplement, section 299C.061, subdivision 6, is amended to read:
Subd. 6. Data sharing authorized. Notwithstanding chapter 13 or any other statute related to the classification of government data to the contrary, state agencies making a referral under subdivision 4 or 5 shall provide data related to the suspected fraudulent activity to the Section, including data classified as not public. The Section may share active criminal investigative data concerning insurance fraud with the Department of Commerce and active criminal investigative data concerning tax administration with the Department of Revenue. Data shared by the Section under this subdivision are classified under section 13.82, subdivision 7.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2024, section 383A.80, subdivision 4, is amended to read:
Subd. 4. Expiration. The authority to impose the tax under
this section expires January 1, 2028 2036.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota Statutes 2024, section 383B.80, subdivision 4, is amended to read:
Subd. 4. Expiration. The authority to impose the tax under
this section expires January 1, 2028 2036.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 2. MINNESOTA
HOUSING FINANCE AGENCY APPROPRIATIONS.
(a) Notwithstanding Minnesota Statutes, sections 462A.20, subdivision 3, and 462A.21, subdivision 10, $25,000,000 in fiscal year 2027 is appropriated from the aggregated earnings from investments of state appropriations made pursuant to Minnesota Statutes, section 462A.20, subdivision 3, in the housing development fund to the commissioner of the Minnesota Housing Finance Agency for the following purposes:
(1) $14,275,000 is for the workforce housing development program under Minnesota Statutes, section 462A.39;
(2) $4,000,000 is for the supportive housing program under Minnesota Statutes, section 462A.42, and must be used for the purposes provided in section 1, paragraph (b), except that, as provided in section 1, paragraph (d), if this amount is not needed for those purposes, it may be used for the purposes provided in Minnesota Statutes, section 462A.42;
(3) $4,000,000 is for the manufactured home park infrastructure grant and loan program under Minnesota Statutes, section 462A.2035, subdivision 1b;
(4) $2,000,000 is for the family homeless
prevention and assistance program under Minnesota Statutes, section 462A.204,
and may be used in the manner provided in section 3, subdivision 3. Notwithstanding the procurement provisions
outlined in Minnesota Statutes, section 16C.06, subdivisions 1, 2, and 6, the
agency may award grants to federally recognized Indian Tribes, to existing
program grantees, and to former program grantees. The agency must consider community need,
grantee capacity, and geographic distribution when awarding money. Notwithstanding Minnesota Statutes, section
16B.97, the agency must use all available methods and schedule of payments,
including advanced payments, to effectuate legislative intent. Money must be spent by December 31, 2026. The agency may, at its discretion,
redistribute unused or underutilized money among grantees to increase program
efficiency and effectiveness;
(5) $425,000 is for the capacity-building grants program under Minnesota Statutes, section 462A.21, subdivision 3b, for a grant to a statewide tenant education and hotline service that provides free and confidential legal advice for all Minnesota renters. This amount may be awarded to existing grantees notwithstanding Minnesota Statutes, section 16C.06, subdivisions 1, 2, and 6;
(6) $150,000 is for the homeownership education, counseling, and training program under Minnesota Statutes, section 462A.209. This amount may be awarded to existing grantees notwithstanding Minnesota Statutes, section 16C.06, subdivisions 1, 2, and 6; and
(7) $150,000 is for the Minnesota Nice HomeShare pilot program established under paragraph (b).
(b) The commissioner of the Minnesota Housing Finance Agency must award a grant to St. Louis County for the county to establish and administer the Minnesota Nice HomeShare pilot program to assist seniors in the counties of Lake, St. Louis, and Washington to reduce living expenses by matching seniors who own homes with spare rooms to adults in need of affordable housing. For the purposes of this section, "senior" means a person 55 years of age or older. St. Louis County may partner with the Arrowhead Area Agency on Aging, the other named counties in this paragraph, or organizations that advocate for seniors, to promote the program. The program must:
(1) assist hosts and renters over the telephone, through a text chat function or by video;
(2) collect and process rental payments from renters and distribute payments to hosts in a timely manner;
(3) protect the private information and data of hosts and renters;
(5) acquire from renters employment verification or proof of school enrollment; and
(6) review and process all applications.
(c) This is a onetime appropriation.
Sec. 11. NUCLEAR
ENERGY STUDY; APPROPRIATION.
(a) $500,000 in fiscal year 2027 is
appropriated from the general fund to the commissioner of commerce to contract
with the Great Plains Institute to conduct a study to inform policymakers
regarding the potential impact of new nuclear generation on the public interest
of Minnesota, including affordability, reliability, environmental protection,
and public health. This is a onetime
appropriation.
(b) The commissioner of commerce must
ensure balanced representation of perspectives in the study.
(c) The study must be completed no
later than January 30, 2027, and must include, at a minimum, discussion of:
(1) changes in federal regulations
governing the licensing of nuclear-powered facilities that may speed the review
and approval process;
(2)
technological advances made with respect to conventional nuclear-powered
facilities that affect safety and cost;
(3) full lifecycle costs, including
capital costs, financing costs, construction risk, cost overruns,
decommissioning costs, waste management, and long-term liability exposure,
compared to alternative baseload resource options. The analysis must include historical evidence
from comparable projects in the United States and internationally;
(4) ratepayer impacts where new nuclear
generation has been developed, including effects on electricity rates; cost and
schedule overruns unrelated to unique events, including but not limited to the
COVID pandemic; and the allocation of financial risk between ratepayers and
developers;
(5) public subsidies, tax expenditures,
and financial incentives that may be applied to new nuclear investments;
(6) the prospects for small modular
reactors and factory-built portable modules with a capacity up to 300
megawatts, including:
(i) the types of technologies
available;
(ii) current licensing status; and
(iii) estimated costs;
(7) siting issues, including:
(i) the degree to which the requirement
for proximity to water resources sufficient for cooling purposes restricts
possible locations of nuclear facilities, and what locations that meet that
requirement are available in this state;
(ii) the potential for colocating nuclear facilities
with businesses that demand very large amounts of electricity;
(iii) the
environmental impacts of nuclear facilities, including impacts on the health of
nearby residents;
(iv) the prospects for acceptance of
nuclear facilities by host communities, and best practices for engaging
communities on this issue; and
(v) how interconnection and
transmission issues affect potential plant locations;
(8) nuclear waste issues, including:
(i) the amount and toxicity of
radioactive waste produced by both conventional nuclear technologies and small
modular reactors;
(ii) the costs of on-site storage;
(iii) the prospects for developing
permanent storage of radioactive waste at either a federally owned or privately
owned repository to which Minnesota's waste could be transported; and
(iv) the feasibility and cost of
reprocessing nuclear waste;
(9) the economic impacts of various
nuclear technologies on a host community, including:
(i) increased employment levels during
construction and operations;
(ii) increased local economic activity
resulting from purchases made by the nuclear-powered facility and its
employees; and
(iii) potential tax revenue to local
communities and schools, and to the state;
(10) impacts of new nuclear-powered
electric generating plants on public safety officials and emergency responders
in host communities and adjacent areas with respect to emergency planning
efforts;
(11) how new nuclear generation would
impact Minnesota's statutory greenhouse gas reduction and carbon-free
electricity goals;
(12) expected timelines from permitting
through operation, including historical averages and delays for similar
projects;
(13) current Minnesota statutes and
administrative rules that would require modification in order to enable the
construction and operation of nuclear reactors;
(14)
the feasibility of replacing retiring generation assets in host communities
with advanced nuclear reactors; and
(15) the workforce required, workforce
available, and training capacity needed to construct and operate new nuclear
reactors.
(d) The study must be conducted
transparently, with all data, assumptions, and models made publicly available.
(e) No later than February 1, 2027, the
commissioner of commerce must submit the study to the chairs and ranking
minority members of the legislative committees with jurisdiction over energy
policy and finance.
$15,000,000 of the fiscal year 2024
Minnesota forward fund account appropriation in Laws 2023, chapter 53, article
21, section 7, paragraph (c), is canceled.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. TRANSFER.
$15,000,000 in fiscal year 2027 is
transferred from the Minnesota forward fund account established in Minnesota
Statutes, section 116J.8752, subdivision 3, to the general fund. This is a onetime transfer.
Sec. 14. TRANSFER.
$75,000,000 in fiscal year 2027 is
transferred from the driver and vehicle services operating account under
Minnesota Statutes, section 299A.705, subdivision 1, to the general fund. This is a onetime transfer.
Sec. 15. RETURN
OF UNUSED TAX-FORFEITED SETTLEMENT APPROPRIATION; CANCELLATION.
Subdivision 1. Return
of funds. Notwithstanding the
cancellation deadline established in Laws 2024, chapter 113, section 1,
subdivision 5, on June 29, 2026, the claims administrator appointed under Laws
2024, chapter 113, to settle litigation related to the state's retention of
tax-forfeited lands, surplus proceeds from the sale of tax-forfeited lands, and
mineral rights in those lands, must return to the commissioner of management
and budget the lesser of $40,000,000 or the amount of the appropriation under
Laws 2024, chapter 113, section 1, subdivision 5, that constitutes unspent
funds in the net settlement fund, as provided in the settlement and final
judgment filed on December 16, 2024.
Subd. 2. Cancellation. The commissioner of management and
budget must cancel the amount received under subdivision 1 to the general fund
within one day of the receipt of the funds.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. APPROPRIATION.
$38,000,000 is appropriated in fiscal
year 2026 from the general fund to the commissioner of the Minnesota Housing
Finance Agency for the family homeless prevention and assistance program under
Minnesota Statutes, section 462A.204. This
is a onetime appropriation and is made available for the purposes of the
housing development fund. Notwithstanding
the procurement provisions outlined in Minnesota Statutes, section 16C.06,
subdivisions 1, 2, and 6, the agency may award grants to federally recognized
Indian Tribes, existing program grantees, and former program grantees. The agency must consider community need,
grantee capacity, and geographic distribution when awarding money. Notwithstanding Minnesota Statutes, section
16B.97, the agency must use all available methods and schedule of payments,
including advanced payments, to effectuate legislative intent. Money must be spent by December 31, 2026. The agency may, at its discretion,
redistribute unused or underutilized money among grantees to increase program
efficiency and effectiveness.
EFFECTIVE
DATE. This section is
effective the day following final enactment and prevails over any contrary
enactment made during the 2026 regular legislative session, regardless of order
of enactment.
Laws 2026, chapter 100, article 1,
section 3, is repealed.
EFFECTIVE
DATE. This section is
effective the day following final enactment and prevails over any contrary
enactment made during the 2026 regular legislative session, regardless of order
of enactment.
ARTICLE 9
DEPARTMENT OF REVENUE; INDIVIDUAL INCOME AND CORPORATE FRANCHISE TAXES
Section 1. Minnesota Statutes 2024, section 289A.08, subdivision 7, is amended to read:
Subd. 7. Composite income tax returns for nonresident partners, shareholders, and beneficiaries. (a) The commissioner may allow a partnership with nonresident partners to file a composite return and to pay the tax on behalf of nonresident partners who have no other Minnesota source income. This composite return must include the names, addresses, Social Security numbers, income allocation, and tax liability for the nonresident partners electing to be covered by the composite return.
(b) The computation of a partner's tax liability must be determined by multiplying the income allocated to that partner by the highest rate used to determine the tax liability for individuals under section 290.06, subdivision 2c. Nonbusiness deductions, standard deductions, or personal exemptions are not allowed. The computation of a partner's net investment income tax liability must be computed under section 290.033.
(c) The partnership must submit a request to use this composite return filing method for nonresident partners. The requesting partnership must file a composite return in the form prescribed by the commissioner of revenue. The filing of a composite return is considered a request to use the composite return filing method.
(d) The electing partner must not have any Minnesota source income other than the income from the partnership, other electing partnerships, and other qualifying entities electing to file and pay the pass-through entity tax under subdivision 7a. If it is determined that the electing partner has other Minnesota source income, the inclusion of the income and tax liability for that partner under this provision will not constitute a return to satisfy the requirements of subdivision 1. The tax paid for the individual as part of the composite return is allowed as a payment of the tax by the individual on the date on which the composite return payment was made. If the electing nonresident partner has no other Minnesota source income, filing of the composite return is a return for purposes of subdivision 1.
(e) This subdivision does not negate the requirement that an individual pay estimated tax if the individual's liability would exceed the requirements set forth in section 289A.25. The individual's liability to pay estimated tax is, however, satisfied when the partnership pays composite estimated tax in the manner prescribed in section 289A.25.
(f) If an electing partner's share of the partnership's gross income from Minnesota sources is less than the filing requirements for a nonresident under this subdivision, the tax liability is zero. However, a statement showing the partner's share of gross income must be included as part of the composite return.
(g) The election provided in this subdivision is only available to a partner who has no other Minnesota source income and who is either (1) a full-year nonresident individual or (2) a trust or estate that does not claim a deduction under either section 651 or 661 of the Internal Revenue Code.
(h) The composite return election
provided in this subdivision is available to a nonresident partner who incurs
an accelerated gain on installment sales under section 290.0137, paragraph (a). A nonresident partner who elects to defer the
gain on installment sales under section 290.0137, paragraph (b), cannot utilize
the composite return
election for the partnership until the
recognition of the deferred gain is completed.
A nonresident who makes the election in section 290.0137, paragraph (b),
must report the deferred gain on the nonresident's individual income tax return
in the manner prescribed by the commissioner.
(h) (i) A corporation
defined in section 290.9725 and its nonresident shareholders may make an
election under this paragraph subdivision. The provisions covering the partnership apply
to the corporation and the provisions applying to the partner apply to the
shareholder.
(i) (j) Estates and trusts
distributing current income only and the nonresident individual beneficiaries
of the estates or trusts may make an election under this paragraph subdivision. The provisions covering the partnership apply
to the estate or trust. The provisions
applying to the partner apply to the beneficiary.
(j) (k) For the purposes of
this subdivision, "income" has the meaning given in section 290.01,
subdivision 19, paragraph (h).
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 2. Minnesota Statutes 2024, section 290.01, subdivision 19, as amended by Laws 2026, chapter 88, article 1, section 170, is amended to read:
Subd. 19. Net income. (a) For a trust or estate taxable under section 290.03, and a corporation taxable under section 290.02, the term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in sections 290.0131 to 290.0136.
(b) For an individual, the term "net income" means federal adjusted gross income with the modifications provided in sections 290.0131, 290.0132, and 290.0135 to 290.0137.
(c) In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that:
(1) the exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal Revenue Code does not apply;
(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and
(3) the deduction for dividends paid must also be applied in the amount of any undistributed capital gains which the regulated investment company elects to have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code.
(d) The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code.
(e) The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code.
(g) Except as otherwise provided, references to the Internal Revenue Code in this subdivision and sections 290.0131 to 290.0136 mean the code in effect for purposes of determining net income for the applicable year.
(h) In the case of a partnership electing
to file a composite return under section 289A.08, subdivision 7, "net
income" means the partner's share of federal adjusted gross income from
the partnership modified by:
(1) the additions provided in section
sections 290.0131, subdivisions 8 to 10, 16, 17, and 19, and
290.0137, paragraph (a); and
(2) the subtractions provided in: (1) (i) section 290.0132,
subdivisions 9, 27, 28, and 31, to the extent the amount is assignable or
allocable to Minnesota under section 290.17; and (2) (ii) section
290.0132, subdivision 14; and (iii) section 290.0137, paragraph (c).
The subtraction allowed under section 290.0132, subdivision 9, is only allowed on the composite tax computation to the extent the electing partner would have been allowed the subtraction.
(i) In the case of a qualifying entity electing to pay the pass-through entity tax under section 289A.08, subdivision 7a, "net income" means the qualifying owner's share of federal adjusted gross income from the qualifying entity modified by the additions provided in section 290.0131, subdivisions 5, 8 to 10, 16, 17, and 19, and the subtractions provided in: (1) section 290.0132, subdivisions 3, 9, 27, 28, and 31, to the extent the amount is assignable or allocable to Minnesota under section 290.17; and (2) section 290.0132, subdivision 14. The subtraction allowed under section 290.0132, subdivision 9, is only allowed on the pass-through entity tax computation to the extent the qualifying owners would have been allowed the subtraction. The income of both a resident and nonresident qualifying owner is allocated and assigned to this state as provided for nonresident partners and shareholders under sections 290.17, 290.191, and 290.20.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
Sec. 3. Minnesota Statutes 2024, section 290.0137, is amended to read:
290.0137
ACCELERATED RECOGNITION OF CERTAIN INSTALLMENT SALE GAINS.
(a) In the case of a nonresident individual or a person who becomes a nonresident individual during the tax year, taxable net income shall include the amount realized upon a sale of the assets of, or any interest in, an S corporation or partnership that operated in Minnesota during the year of sale, including any income or gain to be recognized in future years pursuant to an installment sale method of reporting under the Internal Revenue Code.
(1) For the purposes of this paragraph, an individual who becomes a nonresident of Minnesota in any year after an installment sale is required to recognize the full amount of any income or gain described in this paragraph on the individual's final Minnesota resident tax return to the extent that such income has not been recognized in a prior year.
(2) For
the purposes of this section, "realized" has the meaning given in
section 1001(b) of the Internal Revenue Code.
(3) For the purposes of this section, "installment sale" means any installment sale under section 453 of the Internal Revenue Code and any other sale that is reported utilizing a method of accounting authorized under subchapter E of the Internal Revenue Code that allows taxpayers to delay reporting or recognizing a realized gain until a future year.
(1) file Minnesota tax returns in all subsequent years when gains from the installment sales are recognized and reported to the Internal Revenue Service;
(2) allocate gains to the state of Minnesota as though the gains were realized in the year of sale under section 290.17, 290.191, or 290.20; and
(3) include all relevant federal tax documents reporting the installment sale with subsequent Minnesota tax returns.
(c) Income or gain recognized for Minnesota
purposes pursuant to paragraph (a) must be excluded from taxable net income in
any future year that the taxpayer files a Minnesota tax return a
composite Minnesota tax return is filed to the extent that the income or
gain has already been subject to tax pursuant to paragraph (a). If a composite Minnesota tax return is not
filed, then any income or gain recognized for Minnesota purposes under
paragraph (a) must be excluded from taxable net income in any future year in
which the taxpayer files a Minnesota tax return to the extent that the income
or gain has already been subject to tax pursuant to paragraph (a).
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2025.
ARTICLE 10
DEPARTMENT OF REVENUE; PROPERTY TAXES
Section 1. Minnesota Statutes 2024, section 273.032, is amended to read:
273.032
MARKET VALUE DEFINITION.
(a) Unless otherwise provided, for the purpose of determining any property tax levy limitation based on market value or any limit on net debt, the issuance of bonds, certificates of indebtedness, or capital notes based on market value, any qualification to receive state aid based on market value, or any state aid amount based on market value, the terms "market value," "estimated market value," and "market valuation," whether equalized or unequalized, mean the estimated market value of taxable property within the local unit of government before any of the following or similar adjustments for:
(1) the market value exclusions under:
(i) section 273.11, subdivisions 14a and 14c (vacant platted land);
(ii) section 273.11, subdivisions 19 and
20 (certain improvements to business properties);
(iii) (ii) section 273.11,
subdivision 21 (homestead property damaged by mold);
(iv) (iii) section 273.13,
subdivision 34 (homestead of a veteran with a disability or family caregiver);
or
(v) (iv) section 273.13,
subdivision 35 (homestead market value exclusion); or
(2) the deferment of value under:
(i) the Minnesota Agricultural Property Tax Law, section 273.111;
(iii) the Minnesota Open Space Property Tax Law, section 273.112;
(iv) the rural preserves property tax program, section 273.114; or
(v) the Metropolitan Agricultural Preserves Act, section 473H.10; or
(3) the adjustments to tax capacity for:
(i) tax increment financing under sections 469.174 to 469.1794;
(ii) fiscal disparities under chapter 276A or 473F; or
(iii) powerline credit under section 273.425.
(b) Estimated market value under paragraph (a) also includes the market value of tax-exempt property if the applicable law specifically provides that the limitation, qualification, or aid calculation includes tax-exempt property.
(c) Unless otherwise provided, "market value," "estimated market value," and "market valuation" for purposes of property tax levy limitations and calculation of state aid, refer to the estimated market value for the previous assessment year and for purposes of limits on net debt, the issuance of bonds, certificates of indebtedness, or capital notes refer to the estimated market value as last finally equalized.
(d) For purposes of a provision of a home rule charter or of any special law that is not codified in the statutes and that imposes a levy limitation based on market value or any limit on debt, the issuance of bonds, certificates of indebtedness, or capital notes based on market value, the terms "market value," "taxable market value," and "market valuation," whether equalized or unequalized, mean "estimated market value" as defined in paragraph (a).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2024, section 273.111, subdivision 9, is amended to read:
Subd. 9.
Additional taxes. (a) Except as provided in paragraph
(b), When real property which is being, or has been valued and assessed
under this section no longer qualifies under subdivision 3, the portion no
longer qualifying shall be subject to additional taxes, in the amount equal to
the difference between the taxes determined in accordance with subdivision 4,
and the amount determined under subdivision 5.
Provided, however, that the amount determined under subdivision 5 shall
not be greater than it would have been had the actual bona fide sale price of
the real property at an arm's-length transaction been used in lieu of the
market value determined under subdivision 5.
Such additional taxes shall be extended against the property on the tax
list for the current year, provided, however, that no interest or penalties
shall be levied on such additional taxes if timely paid, and provided further,
that such additional taxes shall only be levied with respect to the last three
years that the said property has been valued and assessed under this section.
(b) Real property that has been valued
and assessed under this section prior to May 29, 2008, and that ceases to
qualify under this section after May 28, 2008, and is withdrawn from the
program before August 16, 2010, is not subject to additional taxes under this
subdivision or subdivision 3, paragraph (c).
If additional taxes have been paid under this subdivision with respect
to property described in this paragraph prior to April 3, 2009, the county must
repay the property owner in the manner prescribed by the commissioner of
revenue.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Minnesota Statutes 2024, sections
273.25; 273.65; 273.66; 273.67; 274.07; 428B.02, subdivision 7; and 477A.085, are
repealed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 11
DEPARTMENT OF REVENUE; MISCELLANEOUS
Section 1. Minnesota Statutes 2024, section 123B.53, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the eligible debt service revenue of a district is defined as follows:
(1) the amount needed to produce between five and six percent in excess of the amount needed to meet when due the principal and interest payments on the obligations of the district for eligible projects according to subdivision 2, excluding the amounts listed in paragraph (b), minus
(2) the amount of debt service excess levy reduction for that school year calculated according to the procedure established by the commissioner.
(b) The obligations in this paragraph are excluded from eligible debt service revenue:
(1) obligations under section 123B.61;
(2) the part of debt service principal and interest paid from the taconite environmental protection fund or Douglas J. Johnson economic protection trust, excluding the portion of taconite payments from the Iron Range schools and community development account under section 298.28, subdivision 7a;
(3) obligations for long-term facilities maintenance under section 123B.595;
(4) obligations under section 123B.62; and
(5) obligations equalized under section 123B.535.
(c) For purposes of this section, if a preexisting school district reorganized under sections 123A.35 to 123A.43, 123A.46, and 123A.48 is solely responsible for retirement of the preexisting district's bonded indebtedness or capital loans, debt service equalization aid must be computed separately for each of the preexisting districts.
(d) For purposes of this section, the
adjusted net tax capacity determined according to sections 127A.48 and 273.1325
shall be adjusted to include the tax capacity of property generally exempted
from ad valorem taxes under section 272.02, subdivision 64.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2024, section 123B.535, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the eligible natural disaster debt service revenue of a district is defined as the amount needed to produce between five and six percent in excess of the amount needed to meet when due the principal and interest payments on the obligations of the district that would otherwise qualify under section 123B.53 under the following conditions:
(2) the natural disaster caused $500,000 or more in damages to school district buildings; and
(3) the repair and replacement costs are not covered by insurance payments or Federal Emergency Management Agency payments.
(b) For purposes of this section, the adjusted net tax capacity equalizing factor equals the quotient derived by dividing the total adjusted net tax capacity of all school districts in the state for the year before the year the levy is certified by the total number of adjusted pupil units in the state for the year prior to the year the levy is certified.
(c) For purposes of this section, the
adjusted net tax capacity determined according to sections 127A.48 and 273.1325
shall be adjusted to include the tax capacity of property generally exempted
from ad valorem taxes under section 272.02, subdivision 64.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2025 Supplement, section 268.19, subdivision 1, is amended to read:
Subdivision 1. Use of data. (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05. A subpoena is not considered a district court order. These data may be disseminated to and used by the following agencies without the consent of the subject of the data:
(1) state and federal agencies specifically authorized access to the data by state or federal law;
(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in accordance with section 518A.83;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;
(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry, the Department of Commerce, and the Bureau of Criminal Apprehension for uses consistent with the administration of their duties under Minnesota law;
(9) the Department of Human Services and the Office of Inspector General and its agents within the Department of Human Services, including county fraud investigators, for investigations related to recipient or provider fraud and employees of providers when the provider is suspected of committing public assistance fraud;
(11) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department or to monitor and evaluate the statewide Minnesota family investment program and other cash assistance programs, the Supplemental Nutrition Assistance Program, and the Supplemental Nutrition Assistance Program Employment and Training program by providing data on recipients and former recipients of Supplemental Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 142E, or medical programs under chapter 256B or 256L or formerly codified under chapter 256D;
(12) local and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;
(13) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;
(14) the United States Immigration and Customs Enforcement has access to data on specific individuals and specific employers provided the specific individual or specific employer is the subject of an investigation by that agency;
(15) the Department of Health for the purposes of epidemiologic investigations;
(16) the Department of Corrections for the purposes of case planning and internal research for preprobation, probation, and postprobation employment tracking of offenders sentenced to probation and preconfinement and postconfinement employment tracking of committed offenders;
(17) the state auditor to the extent
necessary to conduct audits of job opportunity building zones as required under
section 469.3201;
(18) (17) the Office of
Higher Education for purposes of supporting program improvement, system
evaluation, and research initiatives including the Statewide Longitudinal
Education Data System;
(19) (18) the Family and
Medical Benefits Division of the Department of Employment and Economic
Development to be used as necessary to administer chapter 268B; and
(20) (19) the executive
director or interim executive director of the Minnesota Secure Choice
Retirement Program established under chapter 187 for the purposes of assisting
with communication with employers and to verify employer compliance with
chapter 187.
(b) Data on individuals and employers that are collected, maintained, or used by the department in an investigation under section 268.182 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Subd. 3. Administration
of enterprise and job opportunity programs.
The commissioner may disclose return information relating to the
taxes imposed by chapters 290 and 297A to the Department of Employment and
Economic Development or a municipality with a border city enterprise zone as
defined under section 469.166, but only as necessary to administer the funding
limitations under section 469.169, or to the Department of Employment and
Economic Development and appropriate officials from the local government units
in which a qualified business is located but only as necessary to enforce the
job opportunity building zone benefits under section 469.315.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2024, section 270B.15, is amended to read:
270B.15
DISCLOSURE TO LEGISLATIVE AUDITOR AND STATE AUDITOR.
(a) Returns and return information
must be disclosed to the legislative auditor to the extent necessary for the
legislative auditor to carry out sections 3.97 to 3.979.
(b) The commissioner must disclose return
information, including the report required under section 289A.12, subdivision
15, to the state auditor to the extent necessary to conduct audits of job
opportunity building zones as required under section 469.3201.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2024, section 270C.055, is amended by adding a subdivision to read:
Subd. 4. Venue. Unless otherwise provided in chapter
289A, if two or more criminal offenses under the state revenue laws or chapter
349 are committed by the same person in more than one county, the accused may
be prosecuted for all the offenses in any county in which one of the offenses
was committed.
EFFECTIVE
DATE. This section is
effective for criminal offenses committed after July 31, 2026.
Sec. 7. Minnesota Statutes 2024, section 290.01, subdivision 29, is amended to read:
Subd. 29. Taxable income. The term "taxable income" means:
(1) for individuals, estates, and trusts, the same as taxable net income;
(2) for corporations, the taxable net income less
(i) the net operating loss deduction under
section 290.095; and
(ii) the dividends received deduction
under section 290.21, subdivision 4; and.
(iii) the exemption for operating in a
job opportunity building zone under section 469.317.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Subd. 3. Alternative minimum taxable income. "Alternative minimum taxable income" is Minnesota net income as defined in section 290.01, subdivision 19, and includes the adjustments and tax preference items in sections 56, 57, 58, and 59(d), (e), (f), and (h) of the Internal Revenue Code. If a corporation files a separate company Minnesota tax return, the minimum tax must be computed on a separate company basis. If a corporation is part of a tax group filing a unitary return, the minimum tax must be computed on a unitary basis. The following adjustments must be made.
(1) The portion of the depreciation deduction allowed for federal income tax purposes under section 168(k) of the Internal Revenue Code that is required as an addition under section 290.0133, subdivision 11, is disallowed in determining alternative minimum taxable income.
(2) The subtraction for depreciation allowed under section 290.0134, subdivision 13, is allowed as a depreciation deduction in determining alternative minimum taxable income.
(3) The alternative tax net operating loss deduction under sections 56(a)(4) and 56(d) of the Internal Revenue Code does not apply.
(4) The special rule for certain dividends under section 56(g)(4)(C)(ii) of the Internal Revenue Code does not apply.
(5) The tax preference for depletion under section 57(a)(1) of the Internal Revenue Code does not apply.
(6) The tax preference for tax exempt interest under section 57(a)(5) of the Internal Revenue Code does not apply.
(7) The tax preference for charitable contributions of appreciated property under section 57(a)(6) of the Internal Revenue Code does not apply.
(8) For purposes of calculating the adjustment for adjusted current earnings in section 56(g) of the Internal Revenue Code, the term "alternative minimum taxable income" as it is used in section 56(g) of the Internal Revenue Code, means alternative minimum taxable income as defined in this subdivision, determined without regard to the adjustment for adjusted current earnings in section 56(g) of the Internal Revenue Code.
(9) For purposes of determining the amount of adjusted current earnings under section 56(g)(3) of the Internal Revenue Code, no adjustment shall be made under section 56(g)(4) of the Internal Revenue Code with respect to (i) the amount of foreign dividend gross-up subtracted as provided in section 290.0134, subdivision 2, or (ii) the amount of refunds of income, excise, or franchise taxes subtracted as provided in section 290.0134, subdivision 8.
(10) Alternative minimum taxable income
excludes the income from operating in a job opportunity building zone as
provided under section 469.317.
Items of tax preference must not be
reduced below zero as a result of the modifications in this subdivision.
(11) (10) The subtraction
for disallowed section 280E expenses under section 290.0134, subdivision 19, is
allowed as a deduction in determining alternative minimum taxable income.
Items of tax preference must not be
reduced below zero as a result of the modifications in this subdivision.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Subd. 2. Exemptions. The following entities are exempt from the tax imposed by this section:
(1) corporations exempt from tax under section 290.05;
(2) real estate investment trusts;
(3) regulated investment companies or a fund thereof;
(4) entities having a valid election in effect under section 860D(b) of the Internal Revenue Code;
(5) township mutual insurance companies; and
(6) cooperatives organized under chapter
308A, 308B, or 308C that provide housing exclusively to persons age 55 and over
and are classified as homesteads under section 273.124, subdivision 3; and.
(7) a qualified business as defined
under section 469.310, subdivision 11, if for the taxable year all of its
property is located in a job opportunity building zone designated under section
469.314 and all of its payroll is a job opportunity building zone payroll under
section 469.310.
Entities not specifically exempted by this subdivision are subject to tax under this section, notwithstanding section 290.05.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota Statutes 2024, section 290.0922, subdivision 3, is amended to read:
Subd. 3. Definitions. (a) "Minnesota sales or receipts" means the total sales apportioned to Minnesota pursuant to section 290.191, subdivision 5, the total receipts attributed to Minnesota pursuant to section 290.191, subdivisions 6 to 8, and/or the total sales or receipts apportioned or attributed to Minnesota pursuant to any other apportionment formula applicable to the taxpayer.
(b) "Minnesota property" means
total Minnesota tangible property as provided in section 290.191, subdivisions
9 to 11, and any other tangible property located in Minnesota, but
does not include the property of a qualified business as defined under section
469.310, subdivision 11, that is located in a job opportunity building zone
designated under section 469.314. Intangible
property shall not be included in Minnesota property for purposes of this
section. Taxpayers who do not utilize
tangible property to apportion income shall nevertheless include Minnesota
property for purposes of this section. On
a return for a short taxable year, the amount of Minnesota property owned, as
determined under section 290.191, shall be included in Minnesota property based
on a fraction in which the numerator is the number of days in the short taxable
year and the denominator is 365.
(c) "Minnesota payrolls" means total Minnesota payrolls as provided in section 290.191, subdivision 12, but does not include the job opportunity building zone payroll under section 469.310, subdivision 8, of a qualified business as defined under section 469.310, subdivision 11. Taxpayers who do not utilize payrolls to apportion income shall nevertheless include Minnesota payrolls for purposes of this section.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Subd. 5. Volunteer ambulance services. Volunteer ambulance services are not subject to the tax under this section. For purposes of this requirement, "volunteer ambulance service" means an ambulance service in which all of the individuals whose primary responsibility is direct patient care meet the definition of volunteer ambulance attendant under section 144E.001, subdivision 15. The ambulance service may employ administrative and support staff, and remain eligible for this exemption, if the primary responsibility of these staff is not direct patient care.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota Statutes 2025 Supplement, section 297A.75, subdivision 1, is amended to read:
Subdivision 1. Tax collected. The tax on the gross receipts from the sale of the following exempt items must be imposed and collected as if the sale were taxable and the rate under section 297A.62, subdivision 1, applied. The exempt items include:
(1) building materials for an agricultural processing facility exempt under section 297A.71, subdivision 13;
(2) building materials for mineral production facilities exempt under section 297A.71, subdivision 14;
(3) building materials for correctional facilities under section 297A.71, subdivision 3;
(4) building materials used in a residence for veterans with a disability exempt under section 297A.71, subdivision 11;
(5) elevators and building materials exempt under section 297A.71, subdivision 12;
(6) materials and supplies for qualified low-income housing under section 297A.71, subdivision 23;
(7)
materials, supplies, and equipment for municipal electric utility facilities
under section 297A.71, subdivision 35;
(8) equipment and materials used for the
generation, transmission, and distribution of electrical energy and an aerial
camera package exempt under section 297A.68, subdivision 37;
(9) (8) commuter rail vehicle
and repair parts under section 297A.70, subdivision 3, paragraph (a), clause
(10);
(10) (9) materials, supplies,
and equipment for construction or improvement of projects and facilities under
section 297A.71, subdivision 40;
(11) (10) enterprise
information technology equipment and computer software for use in a qualified
data center, qualified large-scale data center, or qualified refurbished data
center exempt under section 297A.68, subdivision 42;
(12) (11) materials,
supplies, and equipment for qualifying capital projects under section 297A.71,
subdivision 44, paragraphs (a) and (b);
(13) (12) items purchased
for use in providing critical access dental services exempt under section
297A.70, subdivision 7, paragraph (c);
(14) (13) items and services
purchased under a business subsidy agreement for use or consumption primarily
in greater Minnesota exempt under section 297A.68, subdivision 44;
(14) building
materials, equipment, and supplies for constructing or replacing real property
exempt under section 297A.71, subdivisions
(15)49; 50, paragraph (b); ,
and 51;
(16) (15) building materials,
equipment, and supplies for qualifying capital projects under section 297A.71,
subdivision 52;
(17) (16) building materials,
equipment, and supplies for constructing, remodeling, expanding, or improving a
fire station, police station, or related facilities exempt under section
297A.71, subdivision 53; and
(18) (17) building materials,
equipment, and supplies for constructing, remodeling, or improving a
sustainable aviation fuel facility exempt under section 297A.71, subdivision
54.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota Statutes 2025 Supplement, section 297A.75, subdivision 2, is amended to read:
Subd. 2. Refund; eligible persons. Upon application on forms prescribed by the commissioner, a refund equal to the tax paid on the gross receipts of the exempt items must be paid to the applicant. Only the following persons may apply for the refund:
(1) for subdivision 1, clauses (1), (2), and (13)
(12) , the applicant must be the purchaser;
(2) for subdivision 1, clause (3), the applicant must be the governmental subdivision;
(3) for subdivision 1, clause (4), the applicant must be the recipient of the benefits provided in United States Code, title 38, chapter 21;
(4) for subdivision 1, clause (5), the applicant must be the owner of the homestead property;
(5) for subdivision 1, clause (6), the owner of the qualified low-income housing project;
(6) for subdivision 1, clause (7), the applicant must be a municipal electric utility or a joint venture of municipal electric utilities;
(7) for subdivision 1, clauses (8), (11),
and (14) (10) and (13) , the owner of the qualifying business;
(8) for subdivision 1, clauses (9), (10),
(12), (16), and (17) (8), (9), (11), (15), and (16) , the applicant
must be the governmental entity that owns or contracts for the project or
facility;
(9) for
subdivision 1, clause (15) (14) , the applicant must be the owner
or developer of the building or project; and
(10) for subdivision 1, clause (18) (17)
, the applicant must be the owner or developer of the sustainable aviation fuel
facility.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes 2025 Supplement, section 297A.75, subdivision 3, is amended to read:
Subd. 3.
Application. (a) The application must include
sufficient information to permit the commissioner to verify the tax paid. If the tax was paid by a contractor,
subcontractor, or builder, under subdivision 1, clauses (3) to (12) (11)
or (14) to (18) (13) to (17) , the contractor, subcontractor, or
builder must furnish to the refund applicant a statement including the cost of
the exempt items and the taxes paid on the items unless otherwise specifically
provided by this subdivision. The
provisions of sections 289A.40 and 289A.50 apply to refunds under this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota Statutes 2025 Supplement, section 297A.94, is amended to read:
297A.94
DEPOSIT OF REVENUES.
(a) Except as provided in this section, the commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed by this chapter in the state treasury and credit them to the general fund.
(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and services purchased for the construction and operation of an agricultural resource project; and
(2) the purchase was made on or after the date on which a conditional commitment was made for a loan guaranty for the project under section 41A.04, subdivision 3.
The commissioner of management and budget shall certify to the commissioner the date on which the project received the conditional commitment. The amount deposited in the loan guaranty account must be reduced by any refunds and by the costs incurred by the Department of Revenue to administer and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:
(1) first to the general obligation special tax bond debt service account in each fiscal year the amount required by section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the balance to the general fund.
(d) Beginning with sales taxes remitted after July 1, 2017, the commissioner shall deposit in the state treasury the revenues collected under section 297A.64, subdivision 1, including interest and penalties and minus refunds, and credit them to the highway user tax distribution fund.
(e) The commissioner shall deposit the revenues, including interest and penalties, collected under section 297A.64, subdivision 5, in the state treasury and credit them to the general fund. By July 15 of each year the commissioner shall transfer to the highway user tax distribution fund an amount equal to the excess fees collected under section 297A.64, subdivision 5, for the previous calendar year.
(f) Beginning with sales taxes remitted after July 1, 2017, in conjunction with the deposit of revenues under paragraph (d), the commissioner shall deposit into the state treasury and credit to the highway user tax distribution fund an amount equal to the estimated revenues derived from the tax rate imposed under section 297A.62, subdivision 1, on the lease or rental for not more than 28 days of rental motor vehicles subject to section 297A.64. The commissioner shall estimate the amount of sales tax revenue deposited under this paragraph based on the amount of revenue deposited under paragraph (d).
(1) a percentage to the highway user tax distribution fund as follows:
(i) 43.5 percent in each of fiscal years 2024 and 2025;
(ii) 43 percent in fiscal year 2026;
(iii) 41 percent in fiscal year 2027;
(iv) 36 percent in fiscal year 2028;
(v) 30 percent in fiscal year 2029;
(vi) 36 percent in each of fiscal years 2030 to 2034;
(vii) 38.5 percent in fiscal year 2035;
(viii) 41 percent in fiscal year 2036; and
(ix) 43.5 percent in fiscal year 2037 and thereafter;
(2) a percentage to the transportation advancement account under section 174.49 as follows:
(i) 3.5 percent in fiscal year 2024;
(ii) 4.5 percent in fiscal year 2025;
(iii) 5.5 percent in fiscal year 2026;
(iv) 7.5 percent in fiscal year 2027;
(v) 14.5 percent in fiscal year 2028;
(vi) 21.5 percent in fiscal year 2029;
(vii) 28.5 percent in fiscal year 2030;
(viii) 36.5 percent in fiscal year 2031;
(ix) 44.5 percent in fiscal year 2032; and
(x) 56.5 percent in fiscal year 2033 and thereafter; and
(3) the remainder in each fiscal year to the general fund.
After each February forecast, and prior to the following April 15, the commissioner shall estimate the monthly deposit amount for use in the following fiscal year based on the estimate of average revenue derived from the taxes imposed under section 297A.62, subdivision 1, on the sale and purchase of motor vehicle repair and replacement
(h) 81.56 percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65, must be deposited by the commissioner in the state treasury as follows:
(1) 47.5 percent of the receipts must be deposited in the heritage enhancement account in the game and fish fund, and may be spent only on activities that improve, enhance, or protect fish and wildlife resources, including conservation, restoration, and enhancement of land, water, and other natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only on metropolitan park and trail grants;
(4) three percent of the receipts must be deposited in the natural resources fund, and may be spent only on local trail grants;
(5) two percent of the receipts must be deposited in the natural resources fund, and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo; and
(6) 2.5 percent of the receipts must be deposited in the pollinator account established in section 103B.101, subdivision 19.
(i) 1.5 percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65 must be deposited in a regional parks and trails account in the natural resources fund and may only be spent for parks and trails of regional significance outside of the seven-county metropolitan area under section 85.535, based on recommendations from the Greater Minnesota Regional Parks and Trails Commission under section 85.536.
(j) 1.5 percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65 must be deposited in an outdoor recreational opportunities for underserved communities account in the natural resources fund and may only be spent on projects and activities that connect diverse and underserved Minnesotans through expanding cultural environmental experiences, exploration of their environment, and outdoor recreational activities.
(k) The revenue dedicated under paragraph (h) may not be used as a substitute for traditional sources of funding for the purposes specified, but the dedicated revenue shall supplement traditional sources of funding for those purposes. Land acquired with money deposited in the game and fish fund under paragraph (h) must be open to public hunting and fishing during the open season, except that in aquatic management areas or on lands where angling easements have been acquired, fishing may be prohibited during certain times of the year and hunting may be prohibited. At least 87 percent of the money deposited in the game and fish fund for improvement, enhancement, or protection of fish and wildlife resources under paragraph (h) must be allocated for field operations.
(1) 25 percent to the volunteer fire assistance grant account established under section 88.068;
(2) 25 percent to the fire safety account established under section 297I.06, subdivision 3; and
(3) the remainder to the general fund.
For purposes of this paragraph, the percentage of total sales and use tax revenue derived from the sale of items regulated under section 624.20, subdivision 1, that are allowed to be sold to persons 18 years old or older and are not prohibited from use by the general public under section 624.21, is a set percentage of the total sales and use tax revenues collected in the state, with the percentage determined under Laws 2017, First Special Session chapter 1, article 3, section 39.
(m) The revenues deposited under paragraphs (a) to (l) do not include the revenues, including interest and penalties, generated by the sales tax imposed under section 297A.62, subdivision 1a, which must be deposited as provided under the Minnesota Constitution, article XI, section 15.
EFFECTIVE
DATE. This section is
effective retroactively from January 1, 2026.
Sec. 16. Minnesota Statutes 2024, section 297B.03, is amended to read:
297B.03
EXEMPTIONS.
There is specifically exempted from the provisions of this chapter and from computation of the amount of tax imposed by it the following:
(1) purchase or use, including use under a lease purchase agreement or installment sales contract made pursuant to section 465.71, of any motor vehicle by the United States and its agencies and instrumentalities and by any person described in and subject to the conditions provided in section 297A.67, subdivision 11;
(2) purchase or use of any motor vehicle by any person who was a resident of another state or country at the time of the purchase and who subsequently becomes a resident of Minnesota, provided the purchase occurred more than 60 days prior to the date such person began residing in the state of Minnesota and the motor vehicle was registered in the person's name in the other state or country;
(3) purchase or use of any motor vehicle by any person making a valid election to be taxed under the provisions of section 297A.90;
(4) purchase or use of any motor vehicle previously registered in the state of Minnesota when such transfer constitutes a transfer within the meaning of section 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 1563(a) of the Internal Revenue Code, as amended through December 16, 2016;
(5) purchase or use of any vehicle owned by a resident of another state and leased to a Minnesota-based private or for-hire carrier for regular use in the transportation of persons or property in interstate commerce provided the vehicle is titled in the state of the owner or secured party, and that state does not impose a sales tax or sales tax on motor vehicles used in interstate commerce;
(7) purchase of a motor vehicle by an ambulance service licensed under section 144E.10 when that vehicle is equipped and specifically intended for emergency response or for providing ambulance service;
(8) purchase of a motor vehicle by or for a public library, as defined in section 134.001, subdivision 2, as a bookmobile or library delivery vehicle;
(9) purchase of a ready-mixed concrete truck;
(10) purchase or use of a motor vehicle by a town for use exclusively for road maintenance, including snowplows and dump trucks, but not including automobiles, vans, or pickup trucks;
(11) purchase or use of a motor vehicle by a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, except a public school, university, or library, but only if the vehicle is:
(i) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a passenger automobile, as defined in section 168.002, if the automobile is designed and used for carrying more than nine persons including the driver; and
(ii) intended to be used primarily to transport tangible personal property or individuals, other than employees, to whom the organization provides service in performing its charitable, religious, or educational purpose;
(12) purchase of a motor vehicle for use by a transit provider exclusively to provide transit service is exempt if the transit provider is either (i) receiving financial assistance or reimbursement under section 174.24 or 473.384, or (ii) operating under section 174.29, 473.388, or 473.405;
(13) purchase or use of a motor vehicle by
a qualified business, as defined in section 469.310, located in a job
opportunity building zone, if the motor vehicle is principally garaged in the
job opportunity building zone and is primarily used as part of or in direct
support of the person's operations carried on in the job opportunity building
zone. The exemption under this clause
applies to sales, if the purchase was made and delivery received during the
duration of the job opportunity building zone.
The exemption under this clause also applies to any local sales and use
tax;
(14) (13) purchase of a leased
vehicle by the lessee who was a participant in a lease-to-own program from a
charitable organization that is:
(i) described in section 501(c)(3) of the Internal Revenue Code; and
(ii) licensed as a motor vehicle lessor under section 168.27, subdivision 4;
(15) (14) purchase of a motor
vehicle used exclusively as a mobile medical unit for the provision of medical
or dental services by a federally qualified health center, as defined under
title 19 of the Social Security Act, as amended by Section 4161 of the Omnibus Budget
Reconciliation Act of 1990; and
(16) (15) purchase of a motor
vehicle by a veteran having a total service-connected disability, as defined in
section 171.01, subdivision 51.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Subdivision 1. Definitions. (a) For the purposes of this section, the following definitions apply.
(b) "Federal tax information" means federal tax returns and return information or information derived or created from federal tax returns, in possession of or control by the requesting agency, that is covered by the safeguarding provisions of section 6103(p)(4) of the Internal Revenue Code.
(c) "IRS Publication 1075" means Internal Revenue Service Publication 1075 that provides guidance and requirements for the protection and confidentiality of federal tax information as required in section 6103(p)(4) of the Internal Revenue Code.
(d) "National criminal history record information" means the Federal Bureau of Investigation identification records as defined in Code of Federal Regulations, title 28, section 20.3(d).
(e) "Requesting agency" means the Department of Revenue; Department of Employment and Economic Development; Department of Human Services; Department of Children, Youth, and Families; board of directors of MNsure; Department of Information Technology Services; attorney general; Office of the Legislative Auditor; and counties.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. REPEALER.
Minnesota Statutes 2024, sections
272.02, subdivision 64; 272.029, subdivision 7; 289A.12, subdivision 15;
290.06, subdivision 29; 297A.68, subdivision 37; 469.310; 469.311; 469.312;
469.313; 469.314; 469.315; 469.316; 469.317; 469.318; 469.3181; 469.319;
469.3191; 469.3192; 469.3193; 469.320; and 469.3201, are repealed.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to financing and operation of state and local government; modifying individual income taxes, corporate franchise taxes, property taxes and credits, local government aids, sales and use taxes, minerals taxes, tax increment financing provisions, public finance provisions, and other various taxes and tax-related provisions; providing for federal income tax conformity; modifying income tax credits; modifying provisions related to claims for income tax refunds; providing for a direct free filing system for individual income taxes; extending the pass-through entity tax; providing for seasonal tax base replacement aid; modifying property tax exemptions and classifications; providing a onetime increase in homestead credit refunds; modifying distributions of minerals tax proceeds and exemptions for contributions to certain funds; exempting certain sales and purchases; providing for return of funds, cancellations, and transfers; making minor policy and technical changes; requiring reports; appropriating money; amending Minnesota Statutes 2024, sections 41A.30, subdivisions 1, 2, 7; 41B.0391, by adding a subdivision; 123B.53, subdivision 1; 123B.535, subdivision 1; 126C.17, by adding a subdivision; 270B.14, subdivision 3, by adding a subdivision; 270B.15; 270C.055, by adding a subdivision; 270C.56, subdivision 1; 272.02, subdivision 101, by adding a subdivision; 273.032; 273.111, subdivision 9; 289A.02, subdivision 7; 289A.08, subdivisions 7, 7a; 289A.40, subdivision 1; 289A.60, subdivision 6; 290.01, subdivisions 19, as amended, 29, 31; 290.0122, subdivision 4; 290.0131, subdivision 15, by adding subdivisions; 290.0132, by adding subdivisions; 290.0133, by adding subdivisions; 290.0134, by adding subdivisions; 290.0137; 290.033; 290.06, subdivisions 2h, 40; 290.067; 290.0921, subdivision 3; 290.0922, subdivisions 2, 3; 290.21, subdivisions 9, 10; 290A.03, subdivision 15; 291.005, subdivision 1; 295.52, subdivision 5; 297A.68, by adding a subdivision; 297A.993, subdivision 4; 297B.03; 298.225; 298.227; 298.28, subdivisions 2, 3, 4, 7a, 8, 9a, 9b, 11, by adding a
We request the adoption of this report and repassage of the bill.
House Conferees: Greg
Davids, Jim Joy, Aisha Gomez and Esther
Agbaje.
Senate Conferees: Ann Rest, D. Scott Dibble, Amanda Hemmingsen-Jaeger and Grant Hauschild.
Davids moved that the report of the
Conference Committee on H. F. No. 2438 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2438, as amended by Conference,
was read for the third time.
LAY ON THE
TABLE
Niska moved that
H. F. No. 2438, as amended by Conference, be laid on the
table. The motion prevailed and
H. F. No. 2438, as amended by Conference, was laid on the table.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM
THE SENATE
The
following message was received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 4612.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Thomas S. Bottern, Secretary of the Senate
A bill for an act relating to state government; modifying provisions relating to the Departments of Health, Human Services, and Children, Youth, and Families; making changes for federal compliance; establishing work or community engagement requirements; providing for pharmacy dispensing reimbursements; modifying reimbursement rates for mental health services; modifying mental health provider credentialing requirements; modifying the county share for Supplemental Nutrition Assistance Program costs; modernizing child care and family child care licensing; modifying the Minnesota African American Family Preservation and Child Welfare Disproportionality Act; establishing a committee, legislative commission, and advisory task force; establishing a hospital stabilization program; transferring regulatory oversight of health maintenance organizations to the commissioner of commerce; requiring coverage of infertility treatment; regulating gas resource development; providing for health care worker retention and protection; requiring reports; authorizing rulemaking; requiring transfer; appropriating money; amending Minnesota Statutes 2024, sections 16A.103, by adding a subdivision; 60A.50, subdivision 3; 60A.951, subdivision 3; 60A.985, subdivision 8; 60A.9853, subdivision 1; 60A.9854; 60B.03, subdivision 2; 60G.01, subdivisions 2, 4; 62A.02, subdivision 8; 62A.021, subdivision 1; 62A.61; 62A.65, subdivisions 7, 8; 62D.08, subdivisions 1, 2, 3, 7; 62D.12, subdivision 1; 62D.124, subdivision 5; 62D.221, subdivisions 1, 2; 62E.11, subdivisions 9, 13; 62J.60, subdivision 5; 62L.02, subdivision 8; 62L.08, subdivision 11; 62L.09, subdivision 3; 62L.10, subdivision 4; 62L.11, subdivision 2; 62M.11; 62Q.01, subdivision 2; 62Q.096; 62Q.106; 62Q.188, subdivision 2; 62Q.37, subdivision 2; 62Q.47; 62Q.51, subdivision 3; 62Q.556, subdivisions 3, 4; 62Q.679; 62Q.69, subdivisions 2, 3; 62Q.71; 62Q.73, subdivisions 3, 10; 62Q.81, subdivision 7; 62U.04, subdivision 13, by adding a subdivision; 103I.001; 103I.005, subdivisions 9, 21, by adding subdivisions; 103I.601, subdivision 1, by adding subdivisions; 142D.21, subdivision 3; 142F.05, by adding subdivisions; 144.1222, subdivision 4, by adding a subdivision; 144.1501, subdivision 2; 144.1503, subdivision 7; 144.1505, subdivisions 1, 2, 3; 144.1507, subdivisions 1, 2, 4, by adding a subdivision; 144.1911, subdivisions 1, 5, 6; 144.555, by adding subdivisions; 145A.14, subdivision 2a; 151.741, subdivision 4; 245.462, by adding a subdivision; 245.4711, subdivision 5; 245.4881, subdivision 5; 245A.211, subdivision 1; 256.01, by adding a subdivision; 256.017, subdivision 2; 256B.01; 256B.04, subdivision 27; 256B.056, subdivisions 1, 2a, 7, 7a; 256B.0561, subdivision 2; 256B.06, subdivision 4; 256B.0625, by adding a subdivision; 256B.076, subdivision 1, by adding subdivisions; 256B.094, subdivisions 2, 3, 6; 256B.75; 260.63, subdivision 10; 260.64, subdivision 2; 260.67, subdivision 2; 260.68, subdivision 2; 260.69, subdivision 1; 260.693, subdivision 2; 260C.451, by adding a subdivision; 295.52, subdivision 8; Minnesota Statutes 2025 Supplement, sections 62D.21; 62D.211; 142A.03, subdivision 2; 144.125, subdivision 1; 151.741, subdivision 5; 245A.07, subdivision 3; 245C.02, subdivision 15a; 245C.05, subdivision 5; 256.043, subdivision 3; 256.9657, subdivision 2b; 256.969, subdivision 2f; 256B.0625, subdivisions 8, 20; 256B.0924, subdivision 6; 256B.1973, subdivision 9; 256B.69, subdivision 6d; 256B.761, by adding a subdivision; 260.691, subdivision 1; 260.692, subdivisions 1, 2, 3; Laws 2024, chapter 117, sections 21; 22; Laws 2024, chapter 127, article 67, section 7; proposing coding for new law in Minnesota Statutes, chapters 62D; 62Q; 103I; 142D; 144; 245A; 256; 256B; 260; proposing coding for new law as Minnesota Statutes, chapters 142H; 142I; repealing Minnesota Statutes 2024, sections 142B.01, subdivisions 11, 12, 13, 25, 26, 27; 142B.41, subdivisions 4, 6, 7, 8, 10, 11, 12, 13; 142B.54, subdivisions 1, 2, 3; 142B.62; 142B.65, subdivisions 1, 2, 3, 4, 5, 6, 7, 10; 142B.66, subdivisions 1, 2, 4, 5; 142B.70, subdivisions 1, 2, 3, 4, 5, 6, 9, 10, 11, 12; 142B.71; 142B.72; 142B.74; 142B.75; 142B.76; 142B.77; 151.741, subdivisions 2, 3, 6; 256B.0625, subdivision 38; 256B.198; 260.63, subdivision 9; Minnesota Statutes 2025 Supplement, sections 142B.41, subdivision 9; 142B.65, subdivisions 8, 9; 142B.66, subdivision 3; 142B.70, subdivisions 7, 8; 256B.69, subdivision 6i; Minnesota Rules, parts 9502.0300; 9502.0315; 9502.0325; 9502.0335; 9502.0341; 9502.0345; 9502.0355; 9502.0365; 9502.0367; 9502.0375; 9502.0395; 9502.0405; 9502.0415; 9502.0425; 9502.0435, subparts 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16; 9502.0445; 9503.0005; 9503.0010; 9503.0015; 9503.0030; 9503.0031; 9503.0032; 9503.0033; 9503.0034; 9503.0040; 9503.0045; 9503.0050; 9503.0055; 9503.0060; 9503.0065; 9503.0070; 9503.0075; 9503.0080; 9503.0085; 9503.0090; 9503.0095; 9503.0100; 9503.0105; 9503.0110; 9503.0115; 9503.0120; 9503.0125; 9503.0130; 9503.0140; 9503.0145; 9503.0150; 9503.0155; 9503.0170.
The Honorable Bobby Joe Champion
President of the Senate
The Honorable Lisa M. Demuth
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 4612 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 4612 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
DEPARTMENT OF HEALTH
Section 1. Minnesota Statutes 2025 Supplement, section 3.732, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section and section 3.736 the terms defined in this section have the meanings given them.
(1) "State"
includes each of the departments, boards, agencies, commissions, courts, and
officers in the executive, legislative, and judicial branches of the state of
Minnesota and includes but is not limited to the Housing Finance Agency, the Minnesota
Office of Higher Education, the Health and Education Facilities Authority, the
Health Technology Advisory Committee, the Armory Building Commission, the
Zoological Board, the Department of Iron Range Resources and Rehabilitation,
the Minnesota Historical Society, the State Agricultural Society, the
University of Minnesota, the Minnesota State Colleges and Universities, state
hospitals, and state penal institutions.
It does not include a city, town, county, school district, or other
local governmental body corporate and politic.
(2) "Employee of the
state" means all present or former officers, members, directors, or
employees of the state, members of the Minnesota National Guard, members of a
bomb disposal unit approved by the commissioner of public safety and employed
by a municipality defined in section 466.01 when engaged in the disposal or
neutralization of bombs or other similar hazardous explosives, as defined in
section 299C.063, outside the jurisdiction of the municipality but within the
state, or persons acting on behalf of the state in an official capacity,
temporarily or permanently, with or without compensation. It does not include either an independent
contractor except, for purposes of this section and section 3.736 only, a
guardian ad litem acting under court appointment, or members of the Minnesota
National Guard while engaged in training or duty under United States Code,
title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through
December 31, 1983. Notwithstanding
sections 43A.02 and 611.263, for purposes of this section and section 3.736
only, "employee of the state" includes a district public defender or
assistant district public defender in the Second or Fourth Judicial District,
a member of the Health Technology Advisory Committee, and any officer,
agent, or employee of the state of Wisconsin performing work for the state of
Minnesota pursuant to a joint state initiative.
(3) "Scope of office or employment" means that the employee was acting on behalf of the state in the performance of duties or tasks lawfully assigned by competent authority.
(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.
Subd. 6a. Prospective review and approval. (a) No health care provider subject to prospective review under this subdivision shall make a major spending commitment unless:
(1) the provider has filed an application with the commissioner to proceed with the major spending commitment and has provided all supporting documentation and evidence requested by the commissioner; and
(2) the commissioner determines, based upon this documentation and evidence, that the major spending commitment is appropriate under the criteria provided in subdivision 5a in light of the alternatives available to the provider.
(b) A provider subject to prospective review and approval shall submit an application to the commissioner before proceeding with any major spending commitment. The provider may submit information, with supporting documentation, regarding why the major spending commitment should be excepted from prospective review under subdivision 7.
(c) The commissioner shall
determine, based upon the information submitted, whether the major spending
commitment is appropriate under the criteria provided in subdivision 5a, or
whether it should be excepted from prospective review under subdivision 7. In making this determination, the
commissioner may also consider relevant information from other sources. At the request of the commissioner, the
health technology advisory committee shall convene an expert review panel made
up of persons with knowledge and expertise regarding medical equipment,
specialized services, health care expenditures, and capital expenditures to
review applications and make recommendations to the commissioner. The commissioner shall make a decision on the
application within 60 days after an application is received.
(d) The commissioner of health has the authority to issue fines, seek injunctions, and pursue other remedies as provided by law.
Sec. 3. Minnesota Statutes 2024, section 62J.2930, subdivision 1, is amended to read:
Subdivision 1. Establishment. The commissioner of health shall
establish an information clearinghouse within the Department of Health to
facilitate the ability of consumers, employers, providers, health plan
companies, and others to obtain information on health reform activities in Minnesota. The commissioner shall make available through
the clearinghouse updates on federal and state health reform activities,
including information developed or collected by the Department of Health on
cost containment or other research initiatives, the development of voluntary
purchasing pools, action plans submitted by health plan companies, reports or
recommendations of the Health Technology Advisory Committee and other
entities on technology assessments, and reports or recommendations from other
formal committees applicable to health reform activities. The clearinghouse shall also refer requestors
to sources of further information or assistance. The clearinghouse is subject to chapter 13.
Sec. 4. Minnesota Statutes 2024, section 62K.02, subdivision 2, is amended to read:
Subd. 2. Scope. (a) This chapter applies only to health plans offered in the individual market or the small group market, including stand-alone dental plans sold on MNsure.
(b) This chapter applies to health carriers with respect to individual health plans and small group health plans, unless otherwise specified.
(d) This chapter does not apply to short-term coverage as defined in section 62A.65, subdivision 7, or grandfathered plan coverage as defined in section 62A.011, subdivision 1b.
Sec. 5. Minnesota Statutes 2024, section 62K.03, subdivision 6, is amended to read:
Subd. 6. Health plan. "Health plan" means a health plan as defined in section 62A.011, subdivision 3, and includes stand-alone dental plans sold on MNsure.
Sec. 6. Minnesota Statutes 2024, section 62K.075, is amended to read:
62K.075 PROVIDER NETWORK NOTIFICATIONS.
(a) A health carrier must
provide on the carrier's website the provider network for each product offered
by the carrier, and must update the carrier's website at least once a month
with any changes to the carrier's provider network, including provider changes
from in-network status to out-of-network status. A health carrier must also provide on the
carrier's website, for each product offered by the carrier, a list of the
current waivers of the requirements in section 62K.10, subdivision 2 or 3,
in a format that is easily accessed and searchable by enrollees and prospective
enrollees.
(b) Upon notification from an enrollee, a health carrier must reprocess any claim for services provided by a provider whose status has changed from in-network to out-of-network as an in-network claim if the service was provided after the network change went into effect but before the change was posted as required under paragraph (a) unless the health carrier notified the enrollee of the network change prior to the service being provided. This paragraph does not apply if the health carrier is able to verify that the health carrier's website displayed the correct provider network status on the health carrier's website at the time the service was provided.
(c) The limitations of section 62Q.56, subdivision 2a, shall apply to payments required by paragraph (b).
Sec. 7. Minnesota Statutes 2025 Supplement, section 62K.10, subdivision 2, is amended to read:
Subd. 2. Time and distance standards. Health carriers must meet the time and distance standards under Code of Federal Regulations, title 45, section 155.1050, for all covered health services, including dental, retail pharmacy, and specialty services.
Sec. 8. Minnesota Statutes 2024, section 62K.105, is amended to read:
62K.105 NETWORK ADEQUACY COMPLAINTS.
The commissioner of health
shall establish a clear, easily accessible process for accepting complaints
from enrollees regarding health carrier compliance with section 62K.10,
subdivision 2, 3, or 4. Using
this process, an enrollee may file a complaint with the commissioner that a
health carrier is not in compliance with the requirements of section 62K.10,
subdivision 2, 3, or 4. The
commissioner of health shall investigate all complaints received under this
section.
Sec. 9. Minnesota Statutes 2024, section 62K.14, is amended to read:
62K.14 LIMITED-SCOPE PEDIATRIC DENTAL PLANS.
(a) Limited-scope pediatric dental plans must be offered to the extent permitted under the Affordable Care Act: (1) on a guaranteed issue and guaranteed renewable basis; (2) with premiums rated on allowable rating factors used for health plans; and (3) without any exclusions or limitations based on preexisting conditions.
(c) Limited-scope
pediatric dental plans must ensure primary care dental services are available
within 60 miles or 60 minutes' travel time.
(d) (c) If a
stand-alone dental plan as defined under the Affordable Care Act or a
limited-scope pediatric dental plan is offered, either separately or in
conjunction with a health plan offered to individuals or small employers, the
health plan shall not be considered in noncompliance with the requirements of
the essential benefit package in the Affordable Care Act because the health
plan does not offer coverage of pediatric dental benefits if these benefits are
covered through the stand-alone or limited-scope pediatric dental plan, to the
extent permitted under the Affordable Care Act.
(e) (d) Health
carriers offering limited-scope pediatric dental plans must comply with this
section and sections 62K.07, 62K.08, 62K.10, 62K.13, and 62K.15.
(f) (e) The
commissioner of commerce shall enforce paragraphs (a) and (b). Any limited-scope pediatric dental plan that
is to be offered to replace a discontinued dental plan under paragraph (b) must
be approved by the commissioner of commerce in terms of cost and benefit
similarity, and the commissioner of health in terms of network adequacy
similarity. The commissioner of
health shall enforce paragraph (c).
Sec. 10. Minnesota Statutes 2024, section 62U.04, subdivision 4, is amended to read:
Subd. 4. Encounter data. (a) All health plan companies, dental organizations, and third-party administrators shall submit encounter data on a monthly basis to a private entity designated by the commissioner of health. The data shall be submitted in a form and manner specified by the commissioner subject to the following requirements:
(1) the data must be de-identified data as described under the Code of Federal Regulations, title 45, section 164.514;
(2) the data for each encounter must include an identifier for the patient's health care home if the patient has selected a health care home, data on contractual value-based payments, and data deemed necessary by the commissioner to uniquely identify claims in the individual health insurance market;
(3) the data must include
enrollee race and ethnicity, to the extent available, for claims incurred on or
after January 1, 2023; and
(4) except for the data
described in clauses (2) and (3), the data must not include information that is
not included in a health care claim, dental care claim, or equivalent encounter
information transaction that is required under section 62J.536.; and
(5) the data must include
at least the following data fields for any fully denied claims:
(i) an indicator of which
claim lines were denied;
(ii) the reason for
denial of each denied claim line;
(iii) the claim line status in terms of
adjudication; and
(iv) a
claim identifier to link the original claim to subsequent action on the claim.
(b) The commissioner or the commissioner's designee shall only use the data submitted under paragraph (a) to carry out the commissioner's responsibilities in this section, including supplying the data to providers so they can verify their results of the peer grouping process consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d), and adopted by the commissioner and, if necessary, submit comments to the commissioner or initiate an appeal.
(c) Data on providers collected under this subdivision are private data on individuals or nonpublic data, as defined in section 13.02. Notwithstanding the data classifications in this paragraph, data on providers collected under this subdivision may be released or published as authorized in subdivision 11. The commissioner or the commissioner's designee shall establish procedures and safeguards to protect the integrity and confidentiality of any data that it maintains.
(d) The commissioner or the commissioner's designee shall not publish analyses or reports that identify, or could potentially identify, individual patients.
(e) The commissioner shall compile summary information on the data submitted under this subdivision. The commissioner shall work with its vendors to assess the data submitted in terms of compliance with the data submission requirements and the completeness of the data submitted by comparing the data with summary information compiled by the commissioner and with established and emerging data quality standards to ensure data quality.
Sec. 11. Minnesota Statutes 2024, section 62U.04, subdivision 13, is amended to read:
Subd. 13. Expanded access to and use of the all-payer claims data. (a) The commissioner or the commissioner's designee shall make the data submitted under subdivisions 4, 5, 5a, and 5b, including data classified as private or nonpublic, available to individuals and organizations engaged in research on, or efforts to effect transformation in, health care outcomes, access, quality, disparities, or spending, provided the use of the data serves a public benefit. Data made available under this subdivision may not be used to:
(1) create an unfair market advantage for any participant in the health care market in Minnesota, including health plan companies, payers, and providers;
(2) reidentify or attempt to reidentify an individual in the data; or
(3) publicly report contract details between a health plan company and provider and derived from the data.
(b) To implement paragraph (a), the commissioner shall:
(1) establish detailed requirements for data access; a process for data users to apply to access and use the data; legally enforceable data use agreements to which data users must consent; a clear and robust oversight process for data access and use, including a data management plan, that ensures compliance with state and federal data privacy laws; agreements for state agencies and the University of Minnesota to ensure proper and efficient use and security of data; and technical assistance for users of the data and for stakeholders;
(2) develop a assess
fees according to the fee schedule in subdivision 14 to support the
cost of expanded access to and use of the data, provided the fees charged under
the schedule do not create a barrier to access or use for those most affected
by disparities; and
(4) annually publish on
the Department of Health website a list of projects authorized under this
subdivision.
Sec. 12. Minnesota Statutes 2024, section 62U.04, is amended by adding a subdivision to read:
Subd. 14. Fees
for expanded access to and use of the all-payer claims database. (a) For purposes of this section:
(1) "custom data
set or analysis" means a de-identified data set or report for which a
standard data set or limited use data sets are not appropriate, that only
provides the minimum necessary data, and that is de-identified using the expert
determination method as defined in Code of Federal Regulations, title 45,
section 164.514(b)(1);
(2) "data
file" means a data file derived from medical claims, pharmacy claims,
dental claims, eligibility information, membership information, or provider
information for a single year;
(3) "limited use
data set" means a data set that meets the requirements in Code of Federal
Regulations, title 45, section 164.514(e)(2), and may include protected health
information from which certain direct identifiers of individuals have been
removed under the principle of minimum information necessary; and
(4) "standard data
set" means a static data release designed by the commissioner to serve a
wide range of projects in which nearly all de-identified data elements are
disclosed in one release after applying the safe harbor de‑identification
method defined in Code of Federal Regulations, title 45, section 164.514(b)(2),
and from which protected health information and any combination of data
elements that directly identify any person are excluded.
(b) The commissioner
must assess fees on an individual or organization that receives data under
subdivision 13 for the cost of accessing or receiving the data. Costs under this paragraph may include but
are not limited to the cost of producing and releasing data to the individual
or organization under subdivision 13 and managing infrastructure and operations. The commissioner must assess fees according
to the following schedule based on the type of data requested and number of
years for which access is requested:
(1) the fee for a
standard data set is $3,500 per data file per year;
(2) the fee for a
limited use data set is $7,000 per data file per year; and
(3) the fee for a custom
data set or analysis is $89 per hour of staff time expended, with fees not to
exceed $5,785.
(c) An individual or
organization that receives approval to access or receive data under subdivision
13 must pay all the required fees in full before accessing or receiving the
requested data.
(d) The commissioner may
grant a partial or full waiver of the fees in paragraph (b) if the individual
or organization requesting the data meets at least one of the following
criteria:
(1) the fees represent a
financial hardship to the individual or organization;
(2) the organization is
a self-insured data submitter under this section;
(3) the individual or organization is
affiliated with an academic institution;
(4)
the individual or organization requests a high volume of data files; or
(5) the request is from
a Tribal health director for, or the governing body of, one of the 11 federally
recognized Tribes in Minnesota.
In determining whether to grant a waiver
under this paragraph, the commissioner may consult the research advisory group
established under subdivision 13.
(e) Fees paid by an individual or organization approved to access or receive data under subdivision 13 are nonrefundable. Fees collected under this subdivision must be deposited into an account in the state government special revenue fund. Money in that account does not cancel.
(f) The commissioner
must publish the fee schedule in paragraph (b) on the Department of Health
website.
Sec. 13. Minnesota Statutes 2024, section 144.059, subdivision 8, is amended to read:
Subd. 8. Duties. (a) The council shall consult with and advise the commissioner on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives in the state.
(b) By February 15 of each odd-numbered year, the council shall submit to the chairs and ranking minority members of the committees of the senate and the house of representatives with primary jurisdiction over health care a report containing:
(1) the advisory council's assessment of the availability of palliative care in the state;
(2) the advisory council's analysis of barriers to greater access to palliative care; and
(3) recommendations for legislative action, with draft legislation to implement the recommendations.
(c) The Department of
Health shall publish the report each year on the department's website.
Sec. 14. Minnesota Statutes 2024, section 144.1222, is amended by adding a subdivision to read:
Subd. 2e. Private
residential pool used for certified swimming classes. Notwithstanding Minnesota Rules, part
4717.0250, subpart 7, a private residential pool may be used as part of a
business if the private residential pool is used by a paying guest of the
homeowner and the guest is participating in a certified swimming class
conducted by the homeowner, provided that:
(1) the homeowner is a
certified swimming instructor and is conducting a certified swimming class on a
one‑on‑one basis;
(2) not more than four
individuals are in the pool at the same time during the class;
(3) prior to each new
paying guest beginning participation in a certified swimming class:
(i) the guest, or the
guest's parent or legal guardian if the guest is a minor, provides written
consent to use of the pool. The written
consent must include a statement that the guest, or the guest's parent or legal
guardian if the guest is a minor, has received and read materials provided by
the Department of Health with information on the risk of disease transmission
and other risks associated with pools; and a statement that the Department of
Health does not monitor or inspect the homeowner's pool to ensure compliance
with the requirements in this section or Minnesota Rules, chapter 4717; and
(ii)
the homeowner tests the pool's water for the concentration of chlorine or
bromine, pH, and alkalinity, and the water in the pool meets the requirements
for disinfection residual, pH, and alkalinity in Minnesota Rules, part
4717.1750, subparts 3 to 6; and
(4) the following notice
is conspicuously posted at the pool and, prior to each new paying guest
beginning participation in a certified swimming class, is provided to the guest
or to the guest's parent or legal guardian if the guest is a minor:
"NOTICE
This pool is exempt from
state and local anti-entrapment and sanitary requirements that prevent
waterborne diseases and chemical burns and is not subject to inspection.
USE AT YOUR OWN RISK"
Sec. 15. Minnesota Statutes 2024, section 144.1222, subdivision 4, is amended to read:
Subd. 4. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) "ASME/ANSI standard" means a safety standard accredited by the American National Standards Institute and published by the American Society of Mechanical Engineers.
(c) "ASTM standard" means a safety standard issued by ASTM International, formerly known as the American Society for Testing and Materials.
(d) "Public pool" means any pool other than a private residential pool, that is: (1) open to the public generally, whether for a fee or free of charge; (2) open exclusively to members of an organization and their guests; (3) open to residents of a multiunit apartment building, apartment complex, residential real estate development, or other multifamily residential area; (4) open to patrons of a hotel or lodging or other public accommodation facility; or (5) operated by a person in a park, school, licensed child care facility, group home, motel, camp, resort, club, condominium, manufactured home park, or political subdivision with the exception of swimming pools at family day care homes licensed under section 142B.41, subdivision 9, paragraph (a).
(e) "Unblockable suction outlet or drain" means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard and meets ASME/ANSI standards.
(f) "Certified
swimming class" means an infant swimming resource (ISR) class; an American
Red Cross swimming class, swimming lesson, or learn-to-swim class; or any other
swimming class certified by a nationally accredited organization that operates
in all 50 states.
(g) "Certified
swimming instructor" means a certified ISR instructor; a certified
American Red Cross swimming instructor or swim coach; or any other swimming
instructor certified by a nationally accredited organization that operates in
all 50 states.
Sec. 16. Minnesota Statutes 2025 Supplement, section 144.125, subdivision 1, is amended to read:
Subdivision 1. Duty to perform testing. (a) It is the duty of (1) the administrative officer or other person in charge of each institution caring for infants 28 days or less of age, (2) the person required in pursuance of the provisions of section 144.215, to register the birth of a child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange to have administered to every infant or child in its care tests for heritable and congenital disorders according to subdivision 2 and rules prescribed by the state commissioner of health.
(c) The fee to support the
newborn screening program, including tests administered under this section and
section 144.966, shall be $184.35 per specimen.
This fee amount shall be deposited in the state treasury and credited to
the state government special revenue fund.
If the individual described in paragraph (a) submits to an insurer a
claim for reimbursement for a newborn screening program fee but does not
receive reimbursement from the insurer, the individual may request a special
fee exemption form from the newborn screening program and may apply for an
exemption from the fee. To qualify for
the exemption, the individual must provide documentation to the newborn
screening program that the insurer did not reimburse the individual for the
fee.
(d) The fee to offset the cost of the support services provided under section 144.966, subdivision 3a, shall be $15 per specimen. This fee shall be deposited in the state treasury and credited to the general fund.
Sec. 17. Minnesota Statutes 2024, section 144.1501, subdivision 2, is amended to read:
Subd. 2. Availability. (a) The commissioner of health shall use money appropriated for health professional education loan forgiveness in this section:
(1) for medical residents, physicians, mental health professionals, and alcohol and drug counselors agreeing to practice in designated rural areas or underserved urban communities or specializing in the area of pediatric psychiatry;
(2) for midlevel practitioners 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; in an intermediate care facility for persons with developmental disability; in 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; in an assisted living facility as defined in section 144G.08, subdivision 7; 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, and public health nurses who agree to practice in designated rural areas;
(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 51c.303; and
(7) for nurses employed as a hospital nurse by a nonprofit hospital and providing direct care to patients at the nonprofit hospital.
Sec. 18. Minnesota Statutes 2024, section 144.1503, subdivision 7, is amended to read:
Subd. 7. Selection
process. The commissioner shall
determine a maximum award for grants and loan forgiveness, and shall make
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 or 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, amounts appropriated
for purposes of this section do not cancel and are available until expended,
except that at the end of each biennium, any remaining amount that is not
committed by contract and not needed to fulfill existing commitments shall
cancel to the general fund.
Sec. 19. Minnesota Statutes 2024, section 144.1505, subdivision 1, is amended to read:
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 presents a credible plan as a candidate for accreditation;
(2) "eligible dental
therapy program" means a dental therapy education program or advanced
dental therapy education program that is located in Minnesota and is
either that:
(i) is approved by
the Board of Dentistry; or
(ii) is currently
accredited by the Commission on Dental Accreditation; or
(iii) presents a
credible plan as a candidate for accreditation;
(3) "eligible mental
health professional program" means a program that is located in Minnesota
and is listed currently accredited 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 presents a credible plan as a
candidate for accreditation;
(4) "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 or presents a credible plan as a candidate for accreditation;
(5) "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
presents a credible plan as a candidate for accreditation;
(6) "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;
(8) "eligible dental
program" means a dental education program or a dental residency training
program located in Minnesota and that is currently accredited by the
accrediting body or has presented a credible plan as a candidate for
accreditation; and
(9) "project"
means a project to establish or expand (i) plan or implement a new
eligible clinical training for physician assistants, advanced practice
registered nurses, pharmacists, dental therapists, advanced dental therapists,
or mental health professionals in Minnesota. program or increase the base number of
trainees in an existing eligible clinical training program, or (ii) add or
expand rural rotations or clinical training experiences in an existing eligible
clinical training program;
(10) "rural
community" means a Tribal Nation, statutory city, home rule charter city,
or township in Minnesota that is outside the seven-county metropolitan area as
defined in section 473.121, subdivision 2; and
(11) "underserved
community" means a Minnesota area or population included in the list of
designated primary medical care health professional shortage areas, medically
underserved areas, or medically underserved populations maintained and updated
by the United States Department of Health and Human Services.
Sec. 20. Minnesota Statutes 2024, section 144.1505, subdivision 2, is amended to read:
Subd. 2. Programs. (a) For advanced practice provider
clinical training expansion grants, 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 a new eligible
clinical training program or increase the base number of trainees in an
existing eligible clinical training program. Clinical training must take place in communities
outside the seven-county metropolitan area as defined in section 473.121,
subdivision 2, or in underserved communities. A planning grant shall not exceed $75,000,
and a three-year training grant shall not exceed $300,000 per project. The commissioner may provide a one-year,
no-cost extension for grants.
(b) For health professional
rural and underserved clinical rotations grants, the commissioner of
health shall award health professional training site grants to existing
eligible physician, physician assistant, advanced practice registered nurse,
pharmacy, dentistry, dental therapy, and mental health professional training
programs to augment existing clinical training programs to add,
expand, or enhance rural and underserved rotations or clinical
training experiences, such as credential or certificate rural tracks or other
specialized training. Rotations and
clinical training experiences must take place in rural communities, excluding
the cities of Duluth, Moorhead, Rochester, and St. Cloud. 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.
(c) Advanced practice provider clinical training expansion grant funds may be used for:
(1) establishing or
expanding rotations planning and implementing a new clinical
training program or increasing the base number of trainees in an existing
clinical training program as described in paragraph (a);
(2) recruitment, training,
and retention of students and, faculty, and preceptors;
(3) connecting students
with appropriate clinical training sites, internships, practicums, or
externship activities opportunities;
(5) faculty, student, and preceptor salaries, incentives, or other financial support;
(6) development and
implementation of health equity and cultural competency responsiveness
training;
(7) evaluations of the clinical training program to inform program improvements;
(8) training site
improvements, fees, equipment, and supplies required to establish, maintain, or
expand a training program; and
(9) supporting clinical
education in which trainees are part of a primary care team model.;
and
(10) onboarding expenses
for trainees to meet clinical training site requirements.
(d) Health professional
rural clinical rotation grant funds may be used for:
(1) adding, expanding,
or enhancing rural rotations and clinical training experiences in an existing
clinical training program as described in paragraph (b);
(2) recruitment,
training, and retention of students, faculty, and preceptors;
(3) connecting students
with appropriate clinical training sites, internships, practicums, or
externship opportunities;
(4) travel and lodging
for students;
(5) faculty, student,
and preceptor salaries, stipends, or other financial support;
(6) development and
implementation of health equity and cultural responsiveness training;
(7) evaluations of the
rural rotation or clinical training experience to inform program improvements;
(8) training site
improvements, fees, equipment, and supplies required to establish or expand
rural rotations or clinical training experiences;
(9) supporting clinical
education in which trainees are part of a primary care team model; and
(10) onboarding expenses
for trainees to meet clinical training site requirements.
Sec. 21. Minnesota Statutes 2024, section 144.1505, subdivision 3, is amended to read:
Subd. 3. Applications. (a) Eligible physician assistant,
advanced practice registered nurse, pharmacy, dental therapy, dental,
physician, and mental health professional programs seeking a grant shall apply
to the commissioner. Applications for
advanced practice provider clinical training expansion grants must include
a description of the number of additional students who will be trained using
grant funds; and attestation that funding will be used to support
an increase in the number of clinical training slots;.
(b) All applications
must include 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 the
project after the grant period, including a description of potential
barriers to sustainability.
inThe
applicant Applicants must describe achievable objectives, a
timetable, and roles and capabilities of responsible individuals in the
organization.
Applicants applying
under subdivision 2, paragraph (b), (c) Applications for rural clinical
rotation grants must include a description of the new, expanded, or
enhanced rural rotations or clinical training experiences; attestation that
funding will be used to support improved rural clinical training experiences;
and information about length of training and training site settings,
geographic location of rural sites, and rural populations expected to be
served.
Sec. 22. Minnesota Statutes 2024, section 144.1507, subdivision 1, is amended to read:
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 in rural residency training programs or in community-based ambulatory care centers that primarily serve the underserved, or trains postdoctoral psychology residents; and
(3) is accredited by the Accreditation Council for Graduate Medical Education or the American Psychological Association or presents a credible plan to obtain accreditation.
(c) "Rural
community" means a Tribal Nation, statutory city, home rule charter city,
or township in Minnesota 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.
(c) (d) "Rural
residency training program" means a rural medical residency program
or a rural psychology residency program that provides an initial year
of training in an accredited residency program in Minnesota. The subsequent years of the residency
program are At least two-thirds of the residency training must be
based in rural communities, utilizing local clinics and community hospitals,
with specialty rotations in nearby regional medical centers. When specialty rotations cannot take place
within rural communities, training may occur in nonrural sites provided that at
least one-half of all training occurs in rural communities. For residency training programs in general
surgery, pediatrics, and psychiatry, at least one-half of the residency
training must be based in communities outside the seven-county metropolitan
area, with rotations in rural communities.
(d) (e) "Community-based
ambulatory care centers" means federally qualified health centers,
community mental health centers, rural health clinics, health centers operated
by the Indian Health Service, an Indian Tribe or Tribal organization, or an
urban American Indian organization or an entity receiving funds under Title X
of the Public Health Service Act.
(e) (f) "Eligible
project" means a project to establish and maintain a rural residency
training program.
Sec. 23. Minnesota Statutes 2024, section 144.1507, subdivision 2, is amended to read:
Subd. 2. Rural
residency training program. (a) The
commissioner of health shall award rural residency training program grants to
eligible programs to plan, implement, and sustain rural residency training
programs. A rural medical
residency training program grant shall not exceed $250,000 per year for up to
three years for planning and development, and $225,000 per resident per year
for each year thereafter to sustain the program. A rural
psychology
residency training program grant shall not exceed $150,000 per year for up to
three years for planning and development and $150,000 per resident per year for
each year thereafter to sustain the program.
Medical and psychology residency programs that meet eligibility
guidelines and continue to demonstrate financial need shall be granted
sustaining funds, renewable every five years.
(b) Funds may be spent to cover the costs of:
(1) planning related to establishing accredited rural residency training programs;
(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education, the American Psychological Association, 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 related to the new rural residency training program;
(5) travel and lodging for new residents;
(6) faculty, new resident, and preceptor salaries related to new rural residency training programs;
(7) training site improvements, fees, equipment, and supplies required
for new rural residency training programs; and
(8) supporting clinical education in which trainees are part of a primary care team model.
Sec. 24. Minnesota Statutes 2024, section 144.1507, subdivision 4, is amended to read:
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 the funding is available. If eligible programs are not eligible for federal graduate medical education funding, the commissioner may award continuation funding to the eligible program beyond the initial grant period without requiring a competitive application. The commissioner shall award grants to support training programs in family medicine, general internal medicine, general pediatrics, psychiatry, geriatrics, general surgery, psychology, and other primary care focus areas.
Sec. 25. Minnesota Statutes 2024, section 144.1507, is amended by adding a subdivision to read:
Subd. 6. Clinical
training program coordination. The
commissioner may award grants to the University of Minnesota to provide
technical assistance to residency training programs for coordinated development
of rural clinical training programs statewide.
Sec. 26. Minnesota Statutes 2024, section 144.1911, subdivision 1, is amended to read:
Subdivision 1. Establishment. The international medical graduates
assistance program is established to address barriers to practice and
facilitate pathways to assist immigrant international medical graduates to
integrate into the Minnesota health care delivery system, with the goal of
increasing access to primary care in rural and underserved areas of the state. Notwithstanding any law to the contrary,
appropriations made to the program do not cancel and are available until
expended.
Subd. 5. Clinical
preparation. (a) The
commissioner shall award grants to support clinical preparation for Minnesota
international medical graduates needing additional clinical preparation or
experience to qualify for residency. The
grant program shall include:
(1) proposed training curricula;
(2) associated policies and procedures for clinical training sites, which must be part of existing clinical medical education programs in Minnesota; and
(3) monthly stipends for
international medical graduate participants.
Priority shall be given to primary care sites in rural or underserved
areas of the state, and.
International medical graduate participants who receive funding
through the international medical graduate primary care residency grant program
must commit to serving at least five years in a rural or underserved community
of the state.
(b) The policies and
procedures for the clinical preparation grants must be developed by December
31, 2015, including an implementation schedule that begins awarding grants to
clinical preparation programs beginning in June of 2016.
Sec. 28. Minnesota Statutes 2024, section 144.1911, subdivision 6, is amended to read:
Subd. 6. International
medical graduate primary care residency grant program and revolving account. (a) The commissioner shall award grants
to support primary care residency positions designated for Minnesota immigrant
physicians who are willing to serve in rural or underserved areas of the state. No grant shall exceed $150,000 per residency
position per year. Eligible primary care
residency grant recipients include accredited family medicine, general surgery,
internal medicine, obstetrics and gynecology, psychiatry, and pediatric
residency programs. Eligible primary
care residency programs shall apply to the commissioner. Applications must include the number of
anticipated residents to be funded using grant funds and a budget. Notwithstanding any law to the contrary,
funds awarded to grantees in a grant agreement do not lapse until the grant
agreement expires. Before any funds
are distributed, a grant recipient shall provide the commissioner with the
following:
(1) a copy of the signed contract between the primary care residency program and the participating international medical graduate;
(2) certification that the participating international medical graduate has lived in Minnesota for at least two years and is certified by the Educational Commission on Foreign Medical Graduates. Residency programs may also require that participating international medical graduates hold a Minnesota certificate of clinical readiness for residency, once the certificates become available; and
(3) verification that the participating international medical graduate has executed a participant agreement pursuant to paragraph (b).
(b) Upon acceptance by a participating residency program, international medical graduates shall enter into an agreement with the commissioner to provide primary care for at least five years in a rural or underserved area of Minnesota after graduating from the residency program and make payments to the revolving international medical graduate residency account for five years beginning in their second year of postresidency employment. Participants shall pay $15,000 or ten percent of their annual compensation each year, whichever is less.
(1) the contributing entity may not specify the recipient or recipients of any grant issued under this subdivision;
(2) the commissioner shall make public the identity of any private contributor to the account, as well as the amount of the contribution provided; and
(3) a contributing entity may not specify that the recipient or recipients of any funds use specific products or services, nor may the contributing entity imply that a contribution is an endorsement of any specific product or service.
Sec. 29. Minnesota Statutes 2024, section 144.293, subdivision 7, is amended to read:
Subd. 7. Exception
to consent. Subdivision 2 does not
apply to the release of health records to the commissioner of health or the
Health Data Institute under chapter 62J, provided that the commissioner
encrypts the patient identifier upon receipt of the data.
Sec. 30. Minnesota Statutes 2024, section 144.551, subdivision 1, as amended by Laws 2026, chapter 91, section 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;
(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 100 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 Direct Care and Treatment executive board to a new or existing facility, building, or complex operated by the Direct Care and Treatment executive board; 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;
(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; and
(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 regulated 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 regulated under section
(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) any project to add licensed beds in a hospital located in Cook County or Mahnomen 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. Notwithstanding section 144.552, a public interest review is not required for a project authorized under this clause;
(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;
(33) a project for a 144-bed psychiatric hospital on the site of the former Bethesda hospital in the city of Saint Paul, Ramsey County, if the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete. Following the completion of the construction project, the commissioner of health shall monitor the hospital, including by assessing the hospital's case mix and payer mix, patient transfers, and patient diversions. The hospital must have an intake and assessment area. The hospital must accommodate patients with acute mental health needs, whether they walk up to the facility, are delivered by ambulances or law enforcement, or are transferred from other facilities. The hospital must comply with subdivision 1a, paragraph (b). The hospital must annually submit de-identified data to the department in the format and manner defined by the commissioner;
(34) a project involving the relocation of up to 26 licensed long-term acute care hospital beds from an existing long-term care hospital located in Hennepin County with a licensed capacity prior to the relocation of 92 beds to dedicated space on the campus of an existing safety net, level I trauma center hospital in Ramsey County as regulated under section 383A.91, subdivision 5, provided both the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete and the relocated beds continue to be used as long-term acute care hospital beds after the relocation; or
(35) a project to add 85 licensed beds in an existing safety net, level I trauma center hospital in Ramsey County as regulated under section 383A.91, subdivision 5.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Subd. 5. Periodic
evaluations; biennial reports. To
the extent funds are appropriated for the purposes of this subdivision, the
commissioner shall conduct periodic evaluations of the impact of and outcomes
from implementation of the state's suicide prevention plan and each of the
activities specified in this section. By
July 1, 2002, and On July 1 of each even-numbered year thereafter,
the commissioner shall report the results of these evaluations to the chairs of
the policy and finance committees in the house of representatives and senate
with jurisdiction over health and human services issues.
Sec. 32. Minnesota Statutes 2024, section 145.561, subdivision 2, is amended to read:
Subd. 2. 988 Lifeline. (a) The commissioner shall administer the designation of and oversight for a 988 Lifeline center or a network of 988 Lifeline centers to answer contacts from individuals accessing the Suicide and Crisis Lifeline from any jurisdiction within the state 24 hours per day, seven days per week.
(b) The designated 988 Lifeline Center must:
(1) have an active agreement with the 988 Suicide and Crisis Lifeline program for participation in the network and the department;
(2) meet the 988 Lifeline program requirements and best practice guidelines for operational and clinical standards;
(3) provide data and reports, and participate in evaluations and related quality improvement activities as required by the 988 Lifeline program and the department;
(4) identify or adapt technology that is demonstrated to be interoperable across mobile crisis and public safety answering points used in the state for the purpose of crisis care coordination;
(5) facilitate crisis and outgoing services, including mobile crisis teams in accordance with guidelines established by the 988 Lifeline program and the department;
(6) actively collaborate and coordinate service linkages with mental health and substance use disorder treatment providers, local community mental health centers including certified community behavioral health clinics and community behavioral health centers, mobile crisis teams, and community based and hospital emergency departments;
(7) offer follow-up services to individuals accessing the 988 Lifeline Center that are consistent with guidance established by the 988 Lifeline program and the department; and
(8) meet the requirements set by the 988 Lifeline program and the department for serving at-risk and specialized populations.
(c) The commissioner shall adopt rules to allow appropriate information sharing and communication between and across crisis and emergency response systems.
(d) The commissioner, having primary oversight of suicide prevention, shall work with the 988 Lifeline program, veterans crisis line, and other SAMHSA-approved networks for the purpose of ensuring consistency of public messaging about 988 services.
(f) The commissioner shall
provide an annual a biennial public report on 988 Lifeline usage by
July 1 of each even-numbered year, including data on answer rates,
abandoned calls, and referrals to 911 emergency response. The biennial report may be included as a
section within the state suicide prevention report required under section
145.56.
Sec. 33. Minnesota Statutes 2024, section 145.882, is amended by adding a subdivision to read:
Subd. 9. Contracting
and procurement. The
commissioner is exempt from the contract term limits in chapter 16C for
issuance of benefits under the Special Supplemental Nutrition Program for
Women, Infants and Children (WIC) through an electronic benefit transfer (EBT)
system and related services and contracts.
The contracts may have an initial term of up to five years, with
extensions not to exceed a ten-year total contract duration.
Sec. 34. Minnesota Statutes 2024, section 145.882, is amended by adding a subdivision to read:
Subd. 10. Management
information systems; contracting and procurement. WIC is exempt from the contract term
limits in chapter 16C for the management information systems used for issuance
of supplemental nutrition benefits and the WIC EBT systems used for processing
the redemptions of supplemental nutrition benefits. These contracts may have an initial term of
up to five years, with extensions not to exceed a ten-year total contract
duration.
Sec. 35. Minnesota Statutes 2024, section 145A.04, subdivision 15, is amended to read:
Subd. 15. State and local advisory committees. (a) A state community health services advisory committee is established to advise, consult with, and make recommendations to the commissioner on the development, maintenance, funding, and evaluation of local and Tribal public health services. Each community health board may appoint a member to serve on the committee. Each of Minnesota's federally recognized Tribal Nations may appoint a member to serve on the committee. The committee must meet at least quarterly, and special meetings may be called by the committee chair or a majority of the members. A Tribal Nation may elect to participate at any time. Members or their alternates may be reimbursed for travel and other necessary expenses while engaged in their official duties.
(b) Notwithstanding section 15.059, the State Community Health Services Advisory Committee does not expire.
(c) The city boards or county boards that have established or are members of a community health board may appoint a community health advisory committee to advise, consult with, and make recommendations to the community health board on the duties under subdivision 1a.
Sec. 36. Minnesota Statutes 2024, section 145A.14, subdivision 2a, is amended to read:
Subd. 2a. Tribal governments. (a) Of the funding available for local public health grants, $1,500,000 per year is available to Tribal governments for:
(1) maternal and child
health activities under section 145.882, subdivision 7;
(2) activities to reduce
health disparities under section 145.928, subdivision 10; and
(3) emergency preparedness;
and
(4) additional public health activities identified by each Tribal government.
Sec. 37. Minnesota Statutes 2024, section 148.517, subdivision 1, is amended to read:
Subdivision 1. Applicability. An applicant who applies for licensure as
a speech-language pathologist or audiologist by reciprocity must meet the
requirements of subdivisions 2 and 3. An
applicant who applies for licensure as an
audiologist by reciprocity must pass the practical exam required under section
148.515, subdivision 6.
Sec. 38. Minnesota Statutes 2024, section 148.517, subdivision 2, is amended to read:
Subd. 2. Current credentials required. An applicant applying for licensure by reciprocity must provide evidence to the commissioner that the applicant holds a current and unrestricted credential for the practice of speech‑language pathology or audiology in another jurisdiction that has requirements equivalent to or higher than those in effect for determining whether an applicant in this state is qualified to be licensed as a speech-language pathologist or audiologist. An applicant who provides sufficient evidence need not meet the requirements of section 148.515, except for section 148.515, subdivision 6, for applicants for licensure as an audiologist, provided that the applicant otherwise meets all other requirements of section 148.514.
Sec. 39. Minnesota Statutes 2024, section 148.5191, subdivision 4, is amended to read:
Subd. 4. Renewal
deadline. Each license, including a
temporary license provided under section 148.5161, must state an expiration
date. An application for licensure
renewal must be received by the Department of Health or postmarked at
least 30 days before the expiration date.
If the postmark is illegible, the application shall be considered
timely if received at least 21 days before the expiration date.
When the commissioner establishes the renewal schedule for an applicant, licensee, or temporary licensee, if the period before the expiration date is less than two years, the fee shall be prorated.
Sec. 40. Minnesota Statutes 2024, section 149A.91, subdivision 3, is amended to read:
Subd. 3. Embalming or refrigeration required. (a) A dead human body must be embalmed by a licensed mortician or registered intern or practicum student or clinical student, refrigerated, or packed in dry ice in the following circumstances:
(1) if the body will be transported by public transportation, pursuant to section 149A.93, subdivision 7;
(2) if final disposition will not be accomplished within 72 hours after death or release of the body by a competent authority with jurisdiction over the body or the body will be lawfully stored for final disposition in the future, except as provided in section 149A.94, subdivision 1;
(3) if the body will be publicly viewed subject to paragraph (b); or
(4) if so ordered by the commissioner of health for the control of infectious disease and the protection of the public health.
(b) For purposes of this subdivision, "publicly viewed" means reviewal of a dead human body by anyone other than those mentioned in section 149A.80, subdivision 2, and their minor children. Dry ice may only be used when the dead human body is publicly viewed within private property.
Sec. 41. Minnesota Statutes 2024, section 149A.94, subdivision 1, is amended to read:
Subdivision 1. Generally. 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, cremated, or, effective July 1, 2025,
naturally reduced within a reasonable time 14 calendar days after
death or release of the body by a competent authority with jurisdiction over
the body. Where final disposition of
a body will not be accomplished, or, effective July 1, 2025, when
natural organic reduction will not be initiated, 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 14 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.
Sec. 42. Minnesota Statutes 2024, section 149A.955, subdivision 14, is amended to read:
Subd. 14. Bodies
awaiting natural organic reduction. A
dead human body must be placed in the natural organic reduction vessel to
initiate the natural reduction process within 24 hours 14 calendar
days after the natural organic reduction facility accepts legal and
physical custody of the body. A
natural organic reduction facility must keep the body in refrigeration while
awaiting natural reduction. If a natural
organic reduction facility does not initiate natural reduction within 14
calendar days after accepting legal and physical custody of the body, the
facility must arrange final disposition of the body by burial or cremation. The person or persons with the right to
control and duty of disposition of the body must determine whether the body is
buried or cremated, and the body must be buried or cremated within five
calendar days after the end of the 14-day period.
Sec. 43. REVISOR
INSTRUCTION.
The revisor of statutes shall renumber Minnesota Statutes, section 62Q.075, as Minnesota Statutes, section 62D.081. The revisor shall also make necessary cross-reference changes consistent with the renumbering.
Sec. 44. REPEALER.
Minnesota Statutes 2024,
sections 13D.08, subdivision 4; 62J.06; 62J.156; 62J.2930, subdivision 4;
62J.57; and 144.9821, are repealed.
ARTICLE 2
GAS RESOURCE DEVELOPMENT
Section 1. Minnesota Statutes 2024, section 93.514, is amended to read:
93.514 GAS AND OIL PRODUCTION RULEMAKING.
(a) The following agencies may adopt rules governing gas and oil exploration or production, as applicable:
(1) the commissioner of the Pollution Control Agency may adopt or amend rules regulating air emissions; water discharges, including stormwater management; and storage tanks as they pertain to gas and oil production;
(2) the
commissioner of health may adopt or amend rules on groundwater and surface
water protection, exploratory boring construction, drilling registration and
licensure, and inspections as they pertain to the exploration and appraisal of
gas and oil resources;
(3) (2) the
Environmental Quality Board may adopt or amend rules to establish mandatory
categories for environmental review as they pertain to gas and oil production;
(4) (3) the
commissioner of natural resources must adopt or amend rules pertaining to the
conversion of an exploratory boring to a production well, pooling, spacing,
unitization, well abandonment, siting, financial assurance, and
reclamation for the production of gas and oil; and
(5) (4) the
commissioner of labor and industry may adopt or amend rules to protect workers
from exposure and other potential hazards from gas and oil production.
(b) An agency adopting rules under this section must use the expedited procedure in section 14.389. Rules adopted or amended under this authority are exempt from the 18-month time limit under section 14.125. The agency must publish notice of intent to adopt expedited rules within 24 months of May 22, 2024.
(c) For purposes of this section, "gas" includes both hydrocarbon and nonhydrocarbon gases. "Production" includes extraction and beneficiation of gas or oil from consolidated or unconsolidated formations in the state.
(d) Any grant of rulemaking authority in this section is in addition to existing rulemaking authority and does not replace, impair, or interfere with any existing rulemaking authority.
(e) An entity adopting
rules under this section is subject to the Tribal consultation requirements
under section 10.65.
Sec. 2. Minnesota Statutes 2024, section 103I.001, is amended to read:
103I.001 LEGISLATIVE INTENT.
This chapter is intended to
protect the health and general welfare by providing a means for the development
and protection of the natural resource of groundwater in an orderly,
healthful, and reasonable manner.
Sec. 3. Minnesota Statutes 2024, section 103I.005, subdivision 9, is amended to read:
Subd. 9. Exploratory
boring. "Exploratory
boring" means a surface drilling done to explore or prospect for oil,
natural gas, apatite, diamonds, graphite, gemstones, kaolin clay, and
metallic minerals, including iron, copper, zinc, lead, gold, silver, titanium,
vanadium, nickel, cadmium, molybdenum, chromium, manganese, cobalt, zirconium,
beryllium, thorium, uranium, aluminum, platinum, palladium, radium, tantalum,
tin, and niobium, and a drilling or boring for petroleum.
Sec. 4. Minnesota Statutes 2024, section 103I.005, is amended by adding a subdivision to read:
Subd. 10a. Gas. "Gas" includes both
hydrocarbon and nonhydrocarbon gases.
Sec. 5. Minnesota Statutes 2024, section 103I.005, is amended by adding a subdivision to read:
Subd. 10b. Gas
well. "Gas well"
means an excavation that is constructed to locate, extract, or produce gas.
Sec. 6. Minnesota Statutes 2024, section 103I.005, is amended by adding a subdivision to read:
Subd. 10c. Gas
well contractor. "Gas
well contractor" means a person with a gas well contractor's license
issued by the commissioner.
Subd. 11a. Hydraulic
fracturing treatment. "Hydraulic
fracturing treatment" means all stages of the treatment of a gas well by
the application of fluid under pressure that is expressly intended to initiate
or propagate fractures in a target geologic formation to enhance production of
oil and gas.
Sec. 8. Minnesota Statutes 2024, section 103I.005, subdivision 21, is amended to read:
Subd. 21. Well. "Well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the excavation is intended for the location, diversion, artificial recharge, monitoring, testing, remediation, or acquisition of groundwater. Well includes environmental wells, drive point wells, and dewatering wells. "Well" does not include:
(1) an excavation by backhoe, or otherwise for temporary dewatering of groundwater for nonpotable use during construction, if the depth of the excavation is 25 feet or less;
(2) an excavation made to
obtain or prospect for oil, natural gas, minerals, or products of mining
or quarrying;
(3) an excavation to insert
media to repressure oil or natural gas bearing formations or to store
petroleum, natural gas, or other products;
(4) an excavation for
nonpotable use for wildfire suppression activities; or
(5) borings; or
(6) gas and oil wells.
Sec. 9. Minnesota Statutes 2024, section 103I.601, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the following words have the meanings given them.
(b) "Data" includes samples and factual noninterpreted data obtained from exploratory borings and samples including analytical results.
(c) "Parcel" means a government section, fractional section, or government lot.
(d) "Samples" means at least a one-quarter portion of all samples from exploratory borings that are customarily collected by the explorer. When the exploratory borings are being done to explore or prospect for kaolin clay, "samples" means a representative sample of at least two cubic inches of material per foot from exploratory borings of the material that is customarily collected by the explorer.
(e) "Encounter
gas" means a sustained presence of gas in an exploratory boring for at
least 24 hours and in which gas has not dissipated prior to sealing.
Sec. 10. Minnesota Statutes 2024, section 103I.601, is amended by adding a subdivision to read:
Subd. 10. Exploratory
borings encountering gas. (a)
Requirements in this subdivision apply only for exploratory borings
encountering gas.
(b) An explorer must notify the
commissioners of health and natural resources:
(1)
within 24 hours of drilling an exploratory boring encountering gas; and
(2) prior to beginning a
permanent sealing of an exploratory boring encountering gas.
(c) An explorer must
submit a permanent sealing notification and fee of $125 to the commissioner
prior to permanently sealing an exploratory boring encountering gas.
(d) An explorer must
begin permanently sealing an exploratory boring encountering gas within ten
days of encountering gas.
(e) An exploratory boring
encountering gas is exempt from paragraph (d) if the boring is constructed to
prevent movement of gas and water within and from one geological formation to
another. The boring must be permanently
sealed according to rules adopted by the commissioner.
(f) An exploratory boring encountering gas must be permanently sealed from the bottom of the boring to within two feet of the established ground surface.
(g) A permanent sealing
report as required by subdivision 9 must also contain information indicating
gas was encountered during construction and at what depth it was encountered.
(h) A person must not use
an exploratory boring to extract gas for production.
Sec. 11. Minnesota Statutes 2024, section 103I.601, is amended by adding a subdivision to read:
Subd. 11. Conversion
of a gas well prohibited. A
person must not convert a gas well to any other type of well or boring.
Sec. 12. Minnesota Statutes 2024, section 103I.601, is amended by adding a subdivision to read:
Subd. 12. Conversion of a well or boring to a gas well. A person must not convert a well or boring to a gas well, except that an exploratory boring may be converted to a gas well if the exploratory boring was constructed:
(1) with innermost casing
meeting API Specification 5CT;
(2) before July 1, 2025;
and
(3) in compliance with provisions of this chapter.
Sec. 13. [103I.706]
GAS WELLS.
Subdivision 1. Rulemaking
authority. The commissioner
of health must adopt rules for gas wells including requirements for exploratory
borings for gas, and drilling, construction, sealing, use, reporting, and rig
registration; and for licensing and certifying persons constructing, repairing,
and sealing gas wells. These rules must
include a prohibition against hydraulic fracturing treatment and a prohibition
against the injection or disposal of surface water, groundwater, or any other
liquid, gas, or chemical except for approved drilling fluids. In adopting rules under this section, the
commissioner must use the expedited procedure in section 14.389. These rules must distinguish between types of
gas based on the risks they pose to groundwater quality, health, and safety,
and must specify the requirements that apply when an exploratory boring or gas
well encounters a gas different from that for which exploration, prospecting,
location, extraction, or production was proposed. Rules adopted or amended under this authority
are exempt from the 18-month time limit under section 14.125. The commissioner must publish notice of
intent to adopt expedited rules within 24 months after May 22, 2026. In adopting rules under this subdivision, the
commissioner is subject to the Tribal consultation requirements under section
10.65.
Subd. 2. Fees. (a) License, certification, and
registration renewals are not prorated and expire on December 31 of each year.
(b) An applicant must
meet the gas well contractor license requirements and fee requirements to
construct, repair, or seal a gas well. The
fee for a gas well contractor license is $300.
The annual renewal fee for a gas well contractor license is $300.
(c) A gas well
contractor must designate a certified representative. The certified representative must meet the
application and fee requirements. The
application fee for a certified representative is $100. The annual renewal fee for a certified
representative is $100.
(d) A gas well
contractor must meet the registration and fee requirements for rigs used to
construct, repair, service, or seal a gas well.
The fee to register gas well rigs is $125. The annual renewal fee for gas well rig
registration is $125.
(e) If a gas well contractor or certified representative under paragraphs (b) and (c) fails to submit all information required for renewal or submits the application and information after the required renewal date:
(1) the gas well contractor or certified representative must include a late fee of $75; and
(2) the gas well
contractor or certified representative may not conduct activities authorized by
the gas well contractor's license or certified representative's certification
until the renewal application, renewal application fee, and all other information
required is submitted.
(f) A gas well contractor must submit a notification for construction of a proposed gas well on a form prescribed by the commissioner, with a fee of $10,000.
(g) A gas well contractor must submit a notification for sealing a gas well on a form prescribed by the commissioner, with a fee of $7,500.
Subd. 3. Rig registration. (a) Rigs used to drill, maintain, repair, or seal a gas well, including drilling rigs and workover rigs, must be registered with the commissioner.
(b) A person must file an application to register a rig on a form provided by the commissioner with the fee under subdivision 2, paragraph (d), with the commissioner.
(c) A registration is valid until the date prescribed by the commissioner in the registration.
(d) A person must file
an application with the fee under subdivision 2, paragraph (d), to renew the
registration by the date prescribed by the commissioner in the registration.
Subd. 4. Gas well contractor's license. (a) A person must not construct, repair, or seal a gas well without a gas well contractor's license issued by the commissioner.
(b) A person must file a complete application for a gas well contractor's license on a form provided by the commissioner with the fee under subdivision 2, paragraph (b), with the commissioner. The person applying must meet the qualifications for a gas well contractor license.
(c) A gas well contractor's license is valid until the date prescribed by the commissioner in the license.
(d) A
gas well contractor must file a complete application with the fee under
subdivision 2, paragraph (b), to renew the license by the date prescribed by
the commissioner in the license. A
person must not construct, repair, or seal a gas well until a gas well
contractor's license is renewed. The
commissioner may not renew a license until the renewal fee is paid.
(e) A gas well
contractor must include information at the time of renewal that the applicant
has met the continuing education requirements established by the commissioner
for gas wells.
(f) A gas well contractor must designate a certified representative to supervise and oversee regulated work on gas wells.
(g) A person must file a complete application on a form provided by the commissioner with the fee under subdivision 2, paragraph (c), to qualify as a certified representative.
(h) A certified representative must file an application with the fee under subdivision 2, paragraph (c), to renew the certification by the expiration date prescribed by the commissioner on the certification. A certified representative may not supervise or oversee regulated work on a gas well until the renewal application and application fee are submitted. The commissioner may not review a certification until the renewal fee is paid.
(i) A certified
representative must include information at the time of renewal that the
applicant has met the continuing education requirements established by the
commissioner for gas wells.
(j) The commissioner of
natural resources may require a bond, security, or other assurance from a gas
well contractor if the commissioner of natural resources has reasonable doubts
about the person's financial ability to comply with the requirements of law
relating to reclamation of a gas well and the process to restore the land
disturbed by a gas well drilling and production operations back to the
condition of original state.
(k) The commissioner may
suspend or revoke a licensee's license according to section 144.99.
Subd. 5. Construction notification. (a) A gas well contractor must not begin drilling or constructing a gas well unless it is included in a valid gas resource development permit issued by the commissioner of natural resources.
(b) After receiving
permit approval from the commissioner of natural resources and prior to
drilling or constructing a gas well, the gas well contractor must submit a
notification to construct a gas well:
(1) to the commissioner,
along with the fee under subdivision 2, paragraph (f); and
(2) to any Tribal Nation
for which the gas well will be located within five miles of the Tribal Nation's
exterior boundary, or to the nearest Tribal Nation if the gas well will not be
located within five miles of any Tribal Nation's exterior boundary.
Subd. 6. Access to drill sites. (a) The commissioner of health shall have access to gas well sites to inspect gas wells, including the drilling, construction, and sealing of gas wells.
(b) The commissioner of
health has enforcement authority according to section 144.99.
Subd. 7. Emergency notification. In the event of an occurrence during construction, repair, or sealing of a gas well that has a potential for significant adverse public health or environmental effects, the person drilling or constructing a gas or well must promptly:
(1) take reasonable action to minimize
the adverse effects; and
(2)
notify the commissioners of health, natural resources, and the Pollution
Control Agency immediately by informing the Minnesota Duty Officer.
Subd. 8. Sealing notification. (a) A gas well, including an unsuccessful gas well, that is not in use must be sealed by a gas well contractor.
(b) A gas well
contractor must file a notification and fee with the commissioner prior to
sealing a gas well.
Subd. 9. Report
of work. Within 60 days after
completion or sealing of a gas well, the gas well contractor must submit a
verified report to the commissioner on a form prescribed by the commissioner or
in a format approved by the commissioner.
Sec. 14. [103I.707]
MORATORIUM ON GAS WELL CONVERSION AND CONSTRUCTION.
A person shall not
drill, convert under section 103I.601, subdivision 12, or construct a gas well
for the primary purpose of extracting or producing gas until:
(1) rules are adopted
under section 103I.706;
(2) the legislature
enacts a statute specifically authorizing the issuance of gas resource
development permits; and
(3) the legislature
enacts fees for gas resource development permits.
Sec. 15. [103I.708]
WELLS; RESTRICTIONS.
(a) Notwithstanding any
provision of this chapter or chapter 93, or the rules adopted thereunder, to
the contrary, a person shall not explore, prospect, or construct an oil well.
(b) Notwithstanding any
provision of this chapter or chapter 93, or the rules adopted thereunder, to
the contrary, a person shall not construct a gas well for the primary purpose
of extracting or producing a gas other than helium. Gas wells constructed for the primary purpose
of extracting or producing helium may only be constructed in Cook County, Lake
County, and St. Louis County. Nothing
in this paragraph shall be construed to prevent:
(1) the drilling or
construction of an exploratory boring; or
(2) the sale of carbon
dioxide extracted in the ordinary course of extracting or producing helium.
Sec. 16. [103I.709]
GAS WELLS; PROHIBITIONS.
Subdivision 1. Injection prohibited. A gas well must not be used to inject or dispose surface water, groundwater, or any other liquid, gas, or chemical. This does not prohibit injection:
(1) of approved drilling
fluids; or
(2) if a class 2
injection well permit is obtained for a gas well, as authorized by the
Environmental Protection Agency.
Subd. 2. Hydraulic
fracturing treatment prohibited. Hydraulic
fracturing treatment is prohibited in a gas well.
An entity adopting rules
under Minnesota Statutes, section 93.514 or 103I.706, must submit a report to
the chairs and ranking minority members of the legislative committees with
jurisdiction over health and the environment and natural resources, the Native
American caucuses of the legislature, and the Minnesota Indian Affairs Council
that details the process and results of meeting the requirements of Minnesota
Statutes, section 10.65, for purposes of the rulemaking. The report must be submitted within 90 days
of adoption of the rules.
Sec. 18. EFFECTIVE
DATE.
This article is effective the day following final enactment.
ARTICLE 3
HOSPITAL STABILIZATION
Section 1. Minnesota Statutes 2024, section 16A.152, is amended by adding a subdivision to read:
Subd. 1c. Hospital
stabilization reserve. A
hospital stabilization reserve account is created in the general fund in the
state treasury. Amounts in the hospital
stabilization reserve are appropriated to the commissioner of management and
budget for the uses authorized in subdivision 1d. Any balance remaining in the account on June
30, 2031, is canceled to the general fund.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2024, section 16A.152, is amended by adding a subdivision to read:
Subd. 1d. Hospital
stabilization reserve uses. The
commissioner of management and budget, in consultation with the commissioner of
health and after review by the Legislative Advisory Commission as required in
subdivision 1e, may make payments to an eligible hospital as defined in section
144.7051.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2024, section 16A.152, is amended by adding a subdivision to read:
Subd. 1e. Hospital
stabilization reserve Legislative Advisory Commission review. (a) The Legislative Advisory
Commission established under section 3.30 must review proposed allocations from
the hospital stabilization reserve account.
(b) The commissioner of
management and budget must submit proposed expenditures from the hospital
stabilization reserve account to the Legislative Advisory Commission for its
review and recommendation. Upon
receiving a submission, the commission has seven days after the request is
submitted to review the proposed expenditures submitted under this subdivision.
(c) Commission members
may make a positive recommendation, a negative recommendation, or no
recommendation on a proposed expenditure.
If a majority of the commission members from the senate and a majority
of the commission members from the house of representatives make a negative
recommendation on a proposed expenditure, the commissioner is prohibited from
expending the money. If a majority of
the commission members from the senate and a majority of the commission members
from the house of representatives do not make a negative recommendation, or if
the commission makes no recommendation, the commissioner may expend the money.
(d)
The commission may hold a public meeting to approve or disapprove a proposed
expenditure from the hospital stabilization reserve account. Notwithstanding section 3.055, the commission
may conduct a public meeting remotely. The
commission may approve or disapprove proposed expenditures without a public
meeting. The commission members may
approve or disapprove proposed expenditures via written communication sent to
the commissioner of management and budget.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2024, section 16A.152, subdivision 2, is amended to read:
Subd. 2. Additional revenues; priority. (a) If on the basis of a forecast of general fund revenues and expenditures, the commissioner of management and budget determines that there will be a positive unrestricted budgetary general fund balance at the close of the biennium, the commissioner of management and budget must allocate money to the following accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until that account reaches $350,000,000;
(2) the budget reserve
account established in subdivision 1a until that account reaches $2,852,098,000
$3,421,764,000;
(3) the amount necessary to increase the aid payment schedule for school district aids and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest tenth of a percent without exceeding the amount available and with any remaining funds deposited in the budget reserve; and
(4) the amount necessary to restore all or a portion of the net aid reductions under section 127A.441 and to reduce the property tax revenue recognition shift under section 123B.75, subdivision 5, by the same amount.
(b) The amounts necessary to meet the requirements of this section are appropriated from the general fund within two weeks after the forecast is released or, in the case of transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations schedules otherwise established in statute.
(c) The commissioner of management and budget shall certify the total dollar amount of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education. The commissioner of education shall increase the aid payment percentage and reduce the property tax shift percentage by these amounts and apply those reductions to the current fiscal year and thereafter.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2024, section 16A.152, subdivision 4, is amended to read:
Subd. 4. Reduction. (a) If the commissioner determines that probable receipts for the general fund will be less than anticipated, and that the amount available for the remainder of the biennium will be less than needed, the commissioner shall, with the approval of the governor, and after consulting the Legislative Advisory Commission, reduce the amount in the budget reserve account and the hospital stabilization reserve as needed to balance expenditures with revenue.
(b) An additional deficit shall, with the approval of the governor, and after consulting the Legislative Advisory Commission, be made up by reducing unexpended allotments of any prior appropriation or transfer. Notwithstanding any other law to the contrary, the commissioner is empowered to defer or suspend prior statutorily created obligations which would prevent effecting such reductions.
(d) In reducing allotments, the commissioner may consider other sources of revenue available to recipients of state appropriations and may apply allotment reductions based on all sources of revenue available.
(e) In like manner, the commissioner shall reduce allotments to an agency by the amount of any saving that can be made over previous spending plans through a reduction in prices or other cause.
(f) The commissioner is prohibited from reducing an allotment or appropriation made to the legislature.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 6. [144.7051]
HOSPITAL STABILIZATION RESERVE.
Subdivision 1. Eligibility. A hospital is eligible to receive
payment under section 16A.152, subdivision 1d, if 40 percent of the hospital's
total acute care admissions in each of calendar years 2022, 2023, and 2024 were
medical assistance or MinnesotaCare enrollees, the hospital provided 15 percent
or more of Minnesota's total uncompensated care in calendar year 2024 as
determined by the commissioner of health, and costs incurred for uncompensated
care were at least three percent of the hospital's operating revenue in
calendar year 2024.
Subd. 2. Quarterly
financial statements. An
eligible hospital under subdivision 1 must submit a quarterly report to the
commissioner of health beginning on October 1, 2026. Each report must provide the following
information:
(1) the hospital's
monthly cash position for the current quarter;
(2) the hospital's net
operating margin for the previous quarter;
(3) updates to the
hospital's net operating margin for the last four quarters that reflect
adjustments and any completed audits since the prior quarterly report; and
(4) information necessary
to support clauses (1) to (3).
Subd. 3. Eligibility
certification. (a) If the
chief executive officer of an eligible hospital under subdivision 1 provides
written notice to the commissioner of health that the hospital had less than 60
days of operating cash at any time during the preceding 12 months, and that the
hospital had an operating margin loss of at least 1.5 percent at any time
during the preceding 12 months, the commissioner must review and certify
whether the hospital is eligible to receive a payment from the hospital stabilization
reserve to maintain stable operations and avoid substantial negative operating
effects for the next 12 months. If the
information provided to the commissioner is insufficient to make a
certification of eligibility determination, the commissioner may request
additional information to support the certification request. In making a certification determination, the
commissioner must not include payments received from the hospital stabilization
reserve established in section 16A.152, subdivision 1c, or any fiscal year 2026
and 2027 appropriations.
(b) The commissioner must
make a certification decision within 30 days of receiving the written notice
and associated documentation from the chief executive officer. The commissioner must provide a written
response to the chief executive officer within 45 days of receiving the written
notice and associated documentation. If
the commissioner certifies that the hospital should receive a payment from the
hospital stabilization reserve, the commissioner must notify the commissioner
of management and budget within 15 days of making that certification.
Subd. 4. Payment. (a) If the commissioner of management
and budget receives notification from the commissioner of health under
subdivision 3 that a hospital is certified to receive a payment from the
hospital stabilization reserve, the commissioner of management and budget must
submit the proposed payment to the Legislative Advisory Commission under
section 16A.152, subdivision 1e, for the commission's review.
(b) A certified hospital
must submit sufficient information determined by the commissioner of management
and budget to support the submission of the certified payment to the
Legislative Advisory Commission.
(c) If a negative review
from the Legislative Advisory Commission is not received, the commissioner of
management and budget must pay the eligible hospital from the hospital
stabilization reserve under section 16A.152, subdivision 1d.
EFFECTIVE DATE. This
section is effective July 15, 2027.
Sec. 7. Minnesota Statutes 2024, section 383B.903, subdivision 1, is amended to read:
Subdivision 1. Governance. The corporation shall be governed by a
board of directors consisting that consists of between 11 and 15
directors and that includes members with the professional training and
expertise needed to govern a health system and safety net hospital. Two of the directors on the board of the
corporation must be county commissioners currently serving as elected officials
on the county board who are chosen and may be removed by a majority vote of the
county board.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2024, section 383B.903, subdivision 4, is amended to read:
Subd. 4. Qualifications. Members of the board shall must
possess a high degree of experience and knowledge in relevant fields needed
to govern a health system and safety net hospital and must possess a
high degree of interest in the corporation and support for its mission. Members shall be appointed based in part
on the objective of ensuring that the corporation includes diverse and
beneficial perspectives and experience including, but not limited to, those of
medical or other health professionals, At least 75 percent of the
board's noncounty commissioner members must have expertise in hospital
administration, finance, business management, law, or health equity, or have
other experience relevant to the administration of a health system and safety
net hospital, with a preference for members with experience working in an urban
setting with diverse cultural communities.
Up to 25 percent of the board's noncounty commissioner members may
represent urban, cultural, and ethnic perspectives of the population
served by the corporation, business management, law, finance, health sector
employees, public health, serving the uninsured, health professional training,
and the patient or consumer perspective.
The corporation shall provide a public announcement of vacancies on the
board of the corporation in the manner normally used by Hennepin County to
provide public notice of open appointments.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2024, section 383B.904, subdivision 1, is amended to read:
Subdivision 1. Election. (a) The officers of the board of the
corporation shall consist of the chair, vice-chair, secretary, treasurer, and
other officers as the board shall from time to time deem necessary. The board shall elect officers by a majority
vote of the board at the annual meeting, or in the case of the initial board,
at the first meeting following appointment by the county board. The county commissioner members of the
corporate board are not eligible to serve as officers of the corporate board.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2024, section 383B.908, subdivision 5, is amended to read:
Subd. 5. Financial
oversight. The county board shall
must approve the annual budget of the corporation as presented by the
corporate board and shall receive an annual audited financial
statement. The annual budget shall
address how efficiencies and revenues contribute to stabilize or reduce county
liabilities for indigent care. The
county board shall also retain the right:
(1) to conduct an
independent audit of the finances of the corporation.; and
(2) in sustained
conditions of financial distress, to modify the corporation's annual budget as
needed to respond to the corporation's financial condition while preserving
access to essential health services provided by HCMC.
Sec. 11. Minnesota Statutes 2024, section 383B.908, subdivision 7, is amended to read:
Subd. 7. Dissolution
or reorganization of corporation. The
county board shall retain the right to dissolve the corporation, reorganize the
corporation, or remove the entire corporate board in order to resume management
of and financial oversight over Hennepin County Medical Center upon a
two-thirds vote of the entire county board. if:
(1) the corporation
experiences sustained conditions of financial distress, such as but not limited
to the corporation meeting at least two of the following conditions:
(i) a negative operating
margin of more than $30,000,000 for two consecutive years;
(ii) a decline in net
assets of more than ten percent in the most recent year; or
(iii) a negative cash
flow margin of more than ten percent in the most recent year;
(2) prior to taking any
steps to dissolve the corporation, reorganize the corporation, or remove the
entire corporate board, the county board and the corporate board engage in
mediation in good faith. The attorney
general may select an individual to serve as a mediator. In the mediation, the parties must attempt to
address the corporation's conditions of financial distress through means other
than dissolving the corporation, reorganizing the corporation, or removing the
entire corporate board; and
(3) the county board and
corporate board are not able to agree on another means to address the
corporation's financial distress.
Sec. 12. Laws 2023, chapter 68, article 1, section 2, subdivision 2, as amended by Laws 2025, First Special Session chapter 8, article 1, section 13, is amended to read:
|
Subd. 2. Multimodal
Systems |
|
|
|
|
(a) Aeronautics
The appropriation from the state airports fund must be spent according to Minnesota Statutes, section 360.305, subdivision 4.
$36,000,000 in fiscal year 2024 is from the general fund for matches to federal aid and state investments related to airport infrastructure projects. This is a onetime appropriation and is available until June 30, 2027.
$15,000,000 in fiscal year 2024 is from the state airports fund for system maintenance of critical airport safety systems, equipment, and essential airfield technology.
Notwithstanding Minnesota Statutes, section 16A.28, subdivision 6, the appropriation from the state airports fund is available for five years after the year of the appropriation. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
If the commissioner of transportation determines that a balance remains in the state airports fund following the appropriations made in this article and that the appropriations made are insufficient for advancing airport development and assistance projects, an amount necessary to advance the projects, not to exceed the balance in the state airports fund, is appropriated in each year to the commissioner and must be spent according to Minnesota Statutes, section 360.305, subdivision 4. Within two weeks of a determination under this contingent appropriation, the commissioner of transportation must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance concerning the funds appropriated. Funds appropriated under this contingent appropriation do not adjust the base for fiscal years 2026 and 2027.
|
(2) Aviation Support Services |
|
15,397,000 |
|
8,431,000 |
|
Appropriations by Fund |
||
|
|
2024
|
2025 |
|
General |
8,707,000 |
1,741,000 |
|
Airports |
6,690,000 |
6,690,000 |
$7,000,000 in fiscal year 2024 is from the general fund to purchase two utility aircraft for the Department of Transportation.
|
(3) Civil Air Patrol |
|
80,000 |
|
80,000 |
This appropriation is from the state airports fund for the Civil Air Patrol.
|
(b) Transit and Active Transportation |
|
58,478,000 |
|
18,374,000 |
This appropriation is from the general fund.
$200,000 in fiscal year 2024 and $50,000 in fiscal year 2025 are for a grant to the city of Rochester to implement demand response transit service using electric transit vehicles. The money is available for mobile software application development; vehicles and equipment, including accessible vehicles; associated charging infrastructure; and capital and operating costs.
$40,000,000 in fiscal year 2024 is for matches to federal aid and state investments related to transit and active transportation projects. This is a onetime appropriation and is available until June 30, 2027.
|
(c) Safe Routes to School |
|
15,297,000 |
|
10,500,000 |
This appropriation is from the general fund for the safe routes to school program under Minnesota Statutes, section 174.40.
If the appropriation for either year is insufficient, the appropriation for the other year is available for it. The appropriations in each year are available until June 30, 2027.
The base for this appropriation is $1,500,000 in each of fiscal years 2026 and 2027.
|
(d) Passenger Rail |
|
197,521,000 |
|
4,226,000 |
This appropriation is from the general fund for passenger rail activities under Minnesota Statutes, sections 174.632 to 174.636.
$194,700,000 in fiscal year 2024 is for capital improvements and betterments for the Minneapolis-Duluth Northern Lights Express intercity passenger rail project, including preliminary engineering, design, engineering, environmental analysis and mitigation, acquisition of land and right-of-way, equipment and rolling stock, and construction. From this appropriation, the amount necessary is for: (1) Coon Rapids station improvements to establish a joint station that provides for Amtrak train service on the Empire Builder line between Chicago and Seattle; and (2) acquisition of equipment and rolling stock for purposes of participation in the Midwest fleet pool to provide for service on Northern Lights Express and expanded Amtrak train service between Minneapolis and St. Paul and Chicago. The commissioner of transportation
$1,833,000 in fiscal year 2024 and $3,238,000 in fiscal year 2025 are for a match to federal aid for capital and operating costs for expanded Amtrak train service between Minneapolis and St. Paul and Chicago. These amounts are available until June 30, 2028.
The base from the general fund is $5,742,000 in each of fiscal years 2026 and 2027.
|
(e) Freight |
|
14,650,000 |
|
9,066,000 |
|
Appropriations by Fund |
||
|
|
2024 |
2025 |
|
General |
8,283,000 |
2,400,000 |
|
Trunk Highway |
6,367,000 |
6,666,000 |
$5,000,000 in fiscal year 2024 is from the general fund for matching federal aid grants for improvements, engineering, and administrative costs for the Stone Arch Bridge in Minneapolis. This is a onetime appropriation and is available until June 30, 2027.
$1,000,000 in each year is from the general fund for staff, operating costs, and maintenance related to weight and safety enforcement systems.
$974,000 in fiscal year 2024 is from the general fund for procurement costs of a statewide freight network optimization tool under Laws 2021, First Special Session chapter 5, article 4, section 133. This is a onetime appropriation and is available until June 30, 2025.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 13. Laws 2023, chapter 68, article 1, section 3, subdivision 2, as amended by Laws 2024, chapter 127, article 1, section 11, is amended to read:
|
Subd. 2. Transit
System Operations |
|
75,654,000 |
|
32,654,000 |
This appropriation is for transit system operations under Minnesota Statutes, sections 473.371 to 473.449.
$3,000,000 in fiscal year 2024 is for highway bus rapid transit project development in the marked U.S. Highway 169 and marked Trunk Highway 55 corridors, including but not limited to feasibility study, predesign, design, engineering, environmental analysis and remediation, and right-of-way acquisition.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 14. HOSPITAL
STABILIZATION RESERVE; TRANSFER.
(a) By July 15, 2027, the
commissioner of management and budget must transfer $354,000,000 from the
general fund budget reserve account to the hospital stabilization reserve
account. This is a onetime transfer.
(b) By July 15, 2028, the
commissioner of management and budget must transfer up to $146,000,000 from the
general fund budget reserve account to the hospital stabilization reserve
account. This is a onetime transfer.
(c) The total transfers and cancellations credited to the hospital stabilization reserve account must not exceed $500,000,000.
EFFECTIVE DATE. This
section is effective July 1, 2027.
Sec. 15. HOSPITAL
STABILIZATION PROGRAM.
Subdivision 1. Establishment. The commissioner of health must establish a hospital stabilization program to provide financial relief to critical access hospitals, rural emergency hospitals, and hospitals that provide a disproportionate level of uncompensated care.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b)
"Commissioner" means the commissioner of health.
(c) "Qualifying
hospital" means a hospital:
(1) licensed under
section 144.50;
(2) located within the state;
(3) that has filed a
Medicare cost report in the Healthcare Cost Report Information System; and
(4) that is a Medicaid
disproportionate share hospital, excluding a hospital that qualifies as a
Medicaid disproportionate share hospital solely based upon providing transplant
services.
(d)
"Qualifying uncompensated episode of care" means the provision by a
qualifying hospital of one or more services that are covered under medical
assistance to an individual during a single patient encounter or episode of
care when the:
(1) individual is not
enrolled in medical assistance, MinnesotaCare, or Medicare and does not have
other health coverage;
(2) individual is
determined to be ineligible for medical assistance and MinnesotaCare for the
date of service following any retroactive eligibility determination; and
(3) total cumulative
reimbursement amount for the services provided, if paid under medical
assistance payment methodologies using a cost to charge methodology as defined
in the Minnesota Health Care Cost Information System, would be at least $2,000
but not more than $50,000.
Subd. 3. Payments
to critical access hospitals and rural emergency hospitals. The commissioner must make a onetime
payment of $50,000 to each of the critical access hospitals and rural emergency
hospitals in the state. Payments shall
be made in a form and manner determined by the commissioner.
Subd. 4. Application
for payments; qualifying hospitals. (a)
A qualifying hospital seeking payment under this section must submit to the
commissioner documentation identifying qualifying uncompensated episodes of
care within a reporting period.
(b) The reporting
periods are:
(1) January 1 through
June 30; and
(2) July 1 through
December 31.
(c) The initial
reporting period begins January 1, 2026.
(d) For services
provided during the January 1 through June 30 reporting period, a qualifying
hospital must submit the required documentation to the commissioner by
September 15 of the same calendar year.
(e) For services
provided during the July 1 through December 31 reporting period, a qualifying
hospital must submit the required documentation to the commissioner by March 15
of the next calendar year.
(f) Qualifying hospitals
must submit documentation in a form and manner specified by the commissioner
and must provide supporting documentation as requested by the commissioner.
Subd. 5. Calculation
of payments; qualifying hospitals. (a)
For each reporting period, the commissioner must determine each qualifying
hospital's share of the total value of qualifying uncompensated episodes of
care submitted under subdivision 4.
(b) The commissioner
must distribute payments proportionally based on each qualifying hospital's
share of the statewide total among qualifying hospitals.
(c) A qualifying
hospital must not receive more than ten percent of the money available for a
reporting period.
(d) If money remains
after the payment limitation in paragraph (c), the commissioner must
redistribute the remaining money among qualifying hospitals that have not
reached the limit in paragraph (c) in proportion to their share of the value of
qualifying uncompensated episodes of care.
(e) The
commissioner may establish procedures to reconcile adjustments, corrected
claims, or late submissions in a subsequent reporting period.
Subd. 6. Distribution
of payments; qualifying hospitals. (a)
The amount available for payments to qualifying hospitals is the amount
appropriated for this section that remains after payments are made under
subdivision 3. One‑half of the amount
available for payments to qualifying hospitals must be allocated to each
reporting period.
(b) For the January 1
through June 30 reporting period, the commissioner must distribute payments no
later than November 15 of the same calendar year.
(c) For the July 1
through December 31 reporting period, the commissioner must distribute payments
no later than May 15 of the next calendar year.
Subd. 7. Reporting
requirements; qualifying hospitals. (a)
A qualifying hospital receiving payment under this section must submit to the
commissioner any information necessary to evaluate the appropriate use of funds. The information must include, at minimum, by
June 30, 2027, a detailed analysis of how the funds were used to preserve
regional and local access to essential health care services, including
emergency care, inpatient hospital care, maternal care and obstetrical
services, behavioral and mental health care, and primary care and clinic
services.
(b) A qualifying hospital
receiving payment under this section must submit to the commissioner, by June
30, 2027, an organizational chart presenting the identities of and
interrelationships among affiliated entities within the hospital system. No subsidiary of an entity specified on the
chart need be shown if the equity or membership interest of the subsidiary held
by the entity is less than ten percent of the subsidiary. As to each entity specified in the chart, the
qualifying hospital must indicate the type of organization and the state of
domicile.
(c) Upon receipt of
notice by a qualifying hospital receiving payment under this section submitted
pursuant to section 144.555, the commissioner must provide notice of the
hospital's planned actions and documentation of the amount of any payment
distributed to the hospital under this section to:
(1) the chairs and
ranking minority members of the legislative committees with jurisdiction over
health and human services finance and policy; and
(2) the majority and
minority leaders of the senate and house of representatives.
(d) The commissioner must
determine the reporting requirement for payments under this section in addition
to the reporting requirements under section 16B.98, subdivision 12.
Subd. 8. Prohibited
uses. Funds received under
this section must not be used to:
(1) supplant any other
funding sources; or
(2) increase the salary,
benefits, or other discretionary payment to an officer, director, manager, or
any other executive.
Subd. 9. Hospital
stabilization program ineligibility.
Hennepin Healthcare System, Inc., is ineligible for payment under
this section.
Sec. 16. CORPORATE
BOARD OF HENNEPIN HEALTHCARE SYSTEM, INC.; RECONSTITUTED AND OPERATIONAL.
(a) For purposes of this
section, "Hennepin Healthcare System, Inc.," means the public
corporation created under Minnesota Statutes, section 383B.901.
(b) By
January 15, 2027, the Hennepin County Board of Commissioners must:
(1) reconstitute the
corporate board of Hennepin Healthcare System, Inc., with members who meet the
requirements in Minnesota Statutes, section 383B.903, subdivision 4; and
(2) complete the
transition of governance of Hennepin Healthcare System, Inc., to the
reconstituted corporate board.
Sec. 17. HENNEPIN
HEALTHCARE SYSTEM, INC.; STABILIZATION PAYMENTS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b)
"Commissioner" means the commissioner of health.
(c) "HCMC" has
the meaning given in Minnesota Statutes, section 383B.902.
(d) "Hennepin
Healthcare System, Inc.," means the public corporation created under
Minnesota Statutes, section 383B.901.
Subd. 2. Annual
stabilization payments. The
commissioner of health must award stabilization payments to Hennepin Healthcare
System, Inc., in fiscal years 2026 and 2027 to stabilize HCMC operations, avoid
the closure of HCMC, ensure that HCMC continues to provide high-quality care to
patients, and preserve access to essential services at HCMC that support the
health care needs of the communities served by HCMC and of the state of
Minnesota.
Subd. 3. Accountability
requirements. (a) To ensure
that Hennepin Healthcare System, Inc., is meeting the requirements of this
section, the commissioner must collect from HCMC the information necessary to
complete the commissioner's reporting requirements under subdivision 4 and must
collect from HCMC the following information in fiscal year 2027:
(1) a comprehensive
financial analysis that describes the financial stability of HCMC. The report must consider the core financial
metrics of HCMC, including expenses and staffing data; revenue, including payer
mix; utilization data; and necessary data as determined by the commissioner;
and
(2) quarterly updates of
financial information submitted under the hospital annual report according to
Minnesota Statutes, sections 144.695 to 144.703, on a schedule to be determined
by the commissioner, and long-term capital spending priorities, including
mandatory maintenance and replacement of existing facilities and equipment.
(b) Upon receipt of
notice by Hennepin Healthcare System, Inc., provided according to Minnesota
Statutes, section 144.555, the commissioner must provide notice of Hennepin
Healthcare System, Inc.'s planned actions to:
(1) the chairs and
ranking minority members of the legislative committees with jurisdiction over
health and human services finance and policy; and
(2) the majority and
minority leaders of the senate and house of representatives.
Subd. 4. Reporting
requirement. (a) By January
15, 2028, the commissioner must report to the legislative committees with
jurisdiction over health and human services finance and policy on the financial
stabilization of Hennepin Healthcare System, Inc.
(b)
Hennepin Healthcare System, Inc., must provide the commissioner with all
information and documents requested by the commissioner, including nonpublic
data from HCMC, for purposes of this subdivision and subdivision 3. For purposes of this subdivision and
subdivision 3, "nonpublic data" has the meaning given in Minnesota
Statutes, section 13.02, subdivision 9.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 18. ADVISORY
TASK FORCE ON GOVERNANCE AND FINANCING OF HENNEPIN HEALTHCARE SYSTEM, INC.
Subdivision 1. Establishment. An advisory task force on governance and financing of Hennepin Healthcare System, Inc., is established to develop recommendations to the legislature on the ownership, governance, and financing of Hennepin Healthcare System, Inc., including its integrated system of health care facilities and services that includes Hennepin County Medical Center. The advisory task force must evaluate options that recognize Hennepin County Medical Center as a regional and statewide public health and public safety asset that:
(1) provides critical health care services to:
(i) complex patients with high medical needs;
(ii) a large proportion of the state's medical assistance, MinnesotaCare, and uninsured populations; and
(iii) patients from
health care providers and health systems across Minnesota and the surrounding
region. These services include level I
trauma care, hyperbaric medicine, treatment services for burns and complex
wounds, comprehensive cancer care, and accredited poison control services; and
(2) supports Minnesota's
future health care workforce through education and training.
Subd. 2. Membership. (a) The advisory task force shall
consist of the following nine members appointed by the governor. Members shall be
direct appointments as defined in Minnesota Statutes, section 15.0597,
subdivision 1:
(1) one individual from
the Health Subcabinet under Minnesota Statutes, section 4.047;
(2) the chief executive
officer of Hennepin County Medical Center;
(3) one individual
representing Hennepin County;
(4) one individual with
expertise in academic medicine, clinical and public health research, hospital
operations, or health system finance;
(5) one individual with
professional experience in public health;
(6) one individual with
professional experience in safety net hospital and clinical system operations;
(7) two individuals with
professional experience in health care finance and public health care programs;
and
(8) one individual with
professional experience in public sector governance and public authorities.
(b) Members must be
appointed to the advisory task force by August 1, 2026, and serve until the
advisory task force expires.
Subd. 3. Governance;
first meeting; chairperson. (a)
Compensation and removal of members appointed under subdivision 2 are governed
by Minnesota Statutes, section 15.059.
(b) The individual from
the Health Subcabinet who is appointed to the advisory task force must convene
the first meeting of the advisory task force by September 1, 2026, and shall
serve as the chairperson of the advisory task force.
Subd. 4. Duties. The advisory task force must:
(1) evaluate the current
governance structure, payer mix, and financing of Hennepin Healthcare System,
Inc.;
(2) evaluate whether
public health care program reimbursement rates adequately reimburse Hennepin
County Medical Center for the cost of care provided;
(3) evaluate labor and
workforce needs and challenges at Hennepin County Medical Center;
(4) identify and evaluate
Hennepin County Medical Center's capital, infrastructure, and technology needs;
(5) evaluate governance and ownership models of health systems
comparable to Hennepin Healthcare System, Inc.;
(6) evaluate financing
and funding mechanisms that would allow Hennepin Healthcare System, Inc., to
achieve sustainable, long-term financial stability while ensuring the continued
operation of critical specialized services by Hennepin County Medical Center
that are essential to Minnesota's comprehensive statewide hospital network of
rural, regional, and safety net hospitals;
(7) engage with public
health leaders throughout the state and professionals and individuals with the
following qualifications or with expertise in the following areas:
(i) rural hospitals and
rural health systems;
(ii) urban, nonprofit
hospitals other than Hennepin County Medical Center;
(iii) physicians licensed
and practicing in Minnesota with experience in emergency medicine, trauma care,
critical care, or hospital medicine;
(iv) registered nurses;
(v) organized labor
representing hospital workers or health care workers;
(vi) ambulance service
providers or emergency medical services;
(vii) local public health
departments or community health boards;
(viii) federally
qualified health centers or other community clinics serving low-income
patients;
(ix) consumer or patient
advocates with experience accessing services from a safety net hospital; and
(x) state legislators,
county commissioners, and state agency commissioners; and
(8) develop specific
recommendations for an ownership structure, governance and oversight, and
sustainable, long-term funding for Hennepin Healthcare System, Inc. In
developing these recommendations, the task force must consider how to maintain
Hennepin County Medical Center as a public hospital and whether ownership of
Hennepin Healthcare System, Inc., should be transferred to an entity other than
solely Hennepin County. These
recommendations
must identify legislative changes needed to implement the recommendations,
provide legislative language for the needed legislative changes, and specify a
process to implement changes to ownership, governance and oversight, and
funding.
Subd. 5. Data. (a) The advisory task force may
request data and technical assistance from state agencies, hospital systems,
and other stakeholders as necessary to carry out its duties.
(b) Data provided to the
advisory task force under this subdivision retains its classification under
Minnesota Statutes, chapter 13, and any other applicable state or federal law.
Subd. 6. Administrative
support and cooperation. The
Health Subcabinet must provide meeting space and administrative services for
the advisory task force. State agencies
must provide technical assistance upon the request of the advisory task force.
Subd. 7. Findings
and recommendations. (a) By
January 15, 2027, the advisory task force must submit preliminary findings and
recommendations to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services finance and policy. The preliminary findings and recommendations
must include information on the meetings and activities of the advisory task
force to date, identification of priority focus areas and preliminary findings
and recommendations on the subjects listed in subdivision 4, recommendations on
steps to improve the stabilization of Hennepin Healthcare System, Inc., and
plans for future meetings and work.
(b) By January 15, 2028,
the advisory task force must submit final findings and recommendations to the
chairs and ranking minority members of the legislative committees with
jurisdiction over health finance and policy and human services finance and
policy. The final findings and
recommendations must address the subjects listed in subdivision 4.
Subd. 8. Expiration. The advisory task force expires June
30, 2028.
ARTICLE 4
HEALTH LICENSING BOARDS
Section 1. Minnesota Statutes 2024, section 148.01, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10:
(1) "abnormal
articulation" means the condition of opposing bony joint surfaces and
their related soft tissues that do not function normally, including
subluxation, fixation, adhesion, degeneration, deformity, dislocation, or other
pathology that results in pain or disturbances within the nervous system,
results in postural alteration, inhibits motion, allows excessive motion,
alters direction of motion, or results in loss of axial loading efficiency, or
a combination of these;
(2)
"acupuncture" means a modality of treating abnormal physical
conditions by stimulating various points of the body or interruption of the
cutaneous integrity by needle insertion to secure a reflex relief of the
symptoms by nerve stimulation as utilized as an adjunct to chiropractic
adjustment;
(3) "animal
chiropractic diagnosis and treatment" means treatment that includes
identification and resolution of vertebral subluxation complexes, spinal
manipulation, and manipulation of the extremity articulations of nonhuman
vertebrates. Animal chiropractic
diagnosis and treatment does not include:
(i) performing surgery;
(ii)
dispensing or administering medications; or
(iii) performing
traditional veterinary care and diagnosis;
(1) (4)
"chiropractic" means the health care discipline that recognizes the
innate recuperative power of the body to heal itself without the use of drugs
or surgery by identifying and caring for vertebral subluxations and other
abnormal articulations by emphasizing the relationship between structure and
function as coordinated by the nervous system and how that relationship affects
the preservation and restoration of health;
(2) (5) "chiropractic
services" means the evaluation and facilitation of structural,
biomechanical, and neurological function and integrity through the use of
adjustment, manipulation, mobilization, or other procedures accomplished by
manual or mechanical forces applied to bones or joints and their related soft
tissues for correction of vertebral subluxation, other abnormal articulations,
neurological disturbances, structural alterations, or biomechanical
alterations, and includes, but is not limited to, manual therapy
and mechanical therapy as defined in section 146.23;
(3) "abnormal
articulation" means the condition of opposing bony joint surfaces and
their related soft tissues that do not function normally, including
subluxation, fixation, adhesion, degeneration, deformity, dislocation, or other
pathology that results in pain or disturbances within the nervous system,
results in postural alteration, inhibits motion, allows excessive motion,
alters direction of motion, or results in loss of axial loading efficiency, or
a combination of these;
(4) (6) "diagnosis"
means the physical, clinical, and laboratory examination of the patient, and
the use of diagnostic services for diagnostic purposes within the scope of the
practice of chiropractic described in sections 148.01 to 148.10;
(5) (7) "diagnostic
services" means clinical, physical, laboratory, and other diagnostic
measures, including diagnostic imaging that may be necessary to determine the
presence or absence of a condition, deficiency, deformity, abnormality, or
disease as a basis for evaluation of a health concern, diagnosis, differential
diagnosis, treatment, further examination, or referral;
(8) "good
standing" means that a license is not the subject of current disciplinary
action under section 148.10 or an equivalent disciplinary law in another
jurisdiction;
(9)
"reinstatement" means the process by which a board-terminated license
or voluntarily retired license returns to active license status under section
148.071 or 148.076;
(6) (10) "therapeutic
services" means rehabilitative therapy as defined in Minnesota Rules, part
2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and
preventive sciences and procedures for which the licensee was subject to
examination under section 148.06. When
provided, therapeutic services must be performed within a practice where the
primary focus is the provision of chiropractic services, to prepare the patient
for chiropractic services, or to complement the provision of chiropractic services. The administration of therapeutic services is
the responsibility of the treating chiropractor and must be rendered under the
direct supervision of qualified staff; and
(7) "acupuncture"
means a modality of treating abnormal physical conditions by stimulating
various points of the body or interruption of the cutaneous integrity by needle
insertion to secure a reflex relief of the symptoms by nerve stimulation as
utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an independent
therapy or separately from chiropractic services. Acupuncture is permitted under section 148.01
only after registration with the board which requires completion of a board-approved
course of study and successful completion of a board-approved national
examination on acupuncture. Renewal of
registration shall require completion of board-approved continuing education
requirements in acupuncture. The
restrictions of section 147B.02, subdivision 2, apply to individuals registered
to perform acupuncture under this section; and
(8)
"animal chiropractic diagnosis and treatment" means treatment that
includes identifying and resolving vertebral subluxation complexes, spinal
manipulation, and manipulation of the extremity articulations of nonhuman
vertebrates. Animal chiropractic
diagnosis and treatment does not include:
(i) performing surgery;
(ii) dispensing or
administering of medications; or
(iii) performing
traditional veterinary care and diagnosis.
(11) "voluntarily
retired license" means a license held by a chiropractor who has changed
the chiropractor's license status to a voluntarily retired license under
section 148.075.
Sec. 2. Minnesota Statutes 2024, section 148.01, subdivision 4, is amended to read:
Subd. 4. Practice
of chiropractic. An individual
licensed to practice under section 148.06 is authorized to perform chiropractic
services, acupuncture, and therapeutic services, and to provide
diagnosis and to render opinions pertaining to those services for the purpose
of determining a course of action in the best interests of the patient, such as
a treatment plan, appropriate referral, or both.
Sec. 3. Minnesota Statutes 2024, section 148.01, is amended by adding a subdivision to read:
Subd. 5. Practice
of therapeutic services. Therapeutic
services must be performed within a practice where the primary focus is the
provision of chiropractic services, preparing the patient for chiropractic
services, or complementing the provision of chiropractic services. The administration of therapeutic services is
the responsibility of the treating chiropractor and must be rendered under the
direct supervision of qualified staff.
Sec. 4. Minnesota Statutes 2024, section 148.01, is amended by adding a subdivision to read:
Subd. 6. Practice
of acupuncture. Acupuncture
must not be used as an independent therapy or separately from chiropractic
services. Acupuncture is permitted under
this section only after registration with the board, which requires completing
a board-approved course of study and a board-approved national examination on
acupuncture. Renewal of registration
requires completing board-approved continuing education requirements in
acupuncture. The restrictions of section
147B.02, subdivision 2, apply to individuals registered to perform acupuncture
under this section.
Sec. 5. [148.071]
REINSTATEMENT OF A LICENSE TERMINATED FOR FAILING TO RENEW OR TO COMPLETE
CONTINUING EDUCATION.
Subdivision 1. Scope. This section applies to a chiropractor
whose Minnesota license was terminated by the board for failing to timely renew
the license or complete annual continuing education requirements.
Subd. 2. Application
requirements. At the time of
application for reinstatement, the applicant must:
(1) submit an application
for reinstatement and pay the application fee;
(2) pay the current
renewal fee;
(3) complete a criminal
background check as prescribed under section 214.075 and pay the required fee;
(4) submit license
verification from each jurisdiction where the applicant holds or has held a
chiropractic license;
(5) submit evidence of
passing the board's jurisprudence exam;
(6)
submit evidence of correcting any outstanding requirements and paying any
outstanding fees that existed at the time the license was terminated; and
(7) complete any
additional applicable requirements established in subdivisions 3, 4, 5, 6, and
9.
Subd. 3. Reinstatement
of terminated license for licensee in good standing in another jurisdiction. The board must reinstate the license
of an applicant who is currently licensed and in good standing in another
jurisdiction if the applicant:
(1) completes all
requirements in subdivision 2;
(2) provides verification
of the active chiropractic license in good standing in another jurisdiction;
and
(3) provides verification
of completing 20 continuing education hours in the year immediately preceding
the application for reinstatement.
Subd. 4. Reinstatement
of terminated license after five years or less. The board must reinstate the license
of an applicant who does not meet the requirements of subdivision 3 and who
applies for reinstatement five years or less after license termination in
Minnesota or another jurisdiction if the applicant:
(1) completes all
requirements in subdivision 2; and
(2) provides verification
of:
(i) completing 20
continuing education hours for each year since the applicant last held an
active license in good standing in Minnesota or another jurisdiction and 20
continuing education hours in the year immediately preceding the application
for reinstatement; or
(ii) passing the Special
Purposes Examination for Chiropractic, or an alternate examination the board
determines is equivalent, within 12 months after application.
Subd. 5. Reinstatement
of terminated license after more than five years. The board must reinstate the license
of an applicant who does not meet the requirements of subdivision 3 and who
applies for reinstatement more than five years after license termination in
Minnesota or another jurisdiction if the applicant:
(1) completes all
requirements in subdivision 2;
(2) provides verification
of completing 20 continuing education hours for each year since the applicant
last held an active license in good standing in Minnesota or another
jurisdiction and 20 continuing education hours in the year immediately
preceding the application for reinstatement, not to exceed a maximum of 100
required continuing education hours; and
(3) provides verification
of passing the Special Purposes Examination for Chiropractic, or an alternate
examination the board determines is equivalent, within 12 months after
application.
Subd. 6. Reinstatement
within the same calendar year of continuing education termination. The board must reinstate the license
of an applicant whose license was terminated for failing to submit the required
number of continuing education hours if within the same calendar year of
termination the applicant:
(1) completes the
required number of continuing education hours and outstanding penalty hours
imposed by the board; and
(2) pays all application fees and penalty
fees.
Subd. 7. Board
authority. Applications for
reinstatement and licenses reinstated under this section are subject to the
same board authority under sections 148.10 and 214.103 as other applications
and licenses issued by the board to deny, refuse to issue, revoke, suspend,
condition, or limit a license or to take disciplinary or corrective action
against a licensee or applicant for conduct that violates applicable law or
professional standards.
Subd. 8. Continuing
education in year of reinstatement. A
licensee must not use continuing education hours obtained for the purpose of
applying for reinstatement of a terminated license under this section to meet
the annual hour requirement for the year in which the license is reinstated.
Subd. 9. Previously
terminated licenses. If a
chiropractor's license was terminated before July 1, 2026, and the chiropractor
applies for reinstatement under this section, the chiropractor is not required
to repay any renewal fees that accrued before the license reinstatement.
Sec. 6. [148.075]
VOLUNTARILY RETIRED LICENSE.
Subdivision 1. Application. A Minnesota licensed chiropractor in
good standing and with no continuing education audit deficiencies may apply to
the board to voluntarily retire a license by submitting an application on a
form provided by the board and a signed affidavit stating that the applicant
will no longer actively practice chiropractic in Minnesota.
Subd. 2. Grounds
for denial. The board may
deny an application to voluntarily retire a license if the applicant's
Minnesota license or license issued in another jurisdiction is not in good
standing or is subject to a pending disciplinary action.
Sec. 7. [148.076]
REINSTATEMENT OF A VOLUNTARILY RETIRED LICENSE.
Subdivision 1. Scope. This section applies to a chiropractor
who voluntarily retired a Minnesota chiropractic license under section 148.075.
Subd. 2. Application
requirements. At the time of
application for reinstatement, the applicant must:
(1) submit an
application for reinstatement;
(2) pay the current
renewal fee;
(3) complete a criminal
background check as prescribed under section 214.075 and pay the required fee;
(4) submit license
verification from each jurisdiction where the applicant holds or has held a
chiropractic license;
(5) submit evidence of
passing the board's jurisprudence exam;
(6) submit evidence of
correcting any outstanding requirements and paying any outstanding fees that
existed at the time the license was voluntarily retired; and
(7) complete any
additional applicable requirements in subdivisions 3, 4, 5, and 7.
Subd. 3. Reinstatement
of voluntarily retired license for licensee in good standing in another
jurisdiction. The board must
reinstate the license of an applicant who is currently licensed and in good
standing in another jurisdiction if the applicant:
(1) completes all requirements in
subdivision 2;
(2)
provides verification of the active chiropractic license in good standing in
another jurisdiction; and
(3) provides
verification of completing 20 continuing education hours in the year
immediately preceding the application for reinstatement.
Subd. 4. Reinstatement
of voluntarily retired license after five years or less. The board must reinstate the license
of an applicant who does not meet the requirements of subdivision 3 and who
applies for reinstatement five years or less after voluntary license retirement
in Minnesota or the equivalent in another jurisdiction if the applicant:
(1) completes all
requirements in subdivision 2; and
(2) provides
verification of:
(i) completing 20
continuing education hours for each year since the applicant last held an
active license in good standing in Minnesota or another jurisdiction and 20
continuing education hours in the year immediately preceding the application
for reinstatement; or
(ii) passing the Special
Purposes Examination for Chiropractic, or an alternate examination the board
determines is equivalent, within 12 months after application.
Subd. 5. Reinstatement
of voluntarily retired license after more than five years. The board must reinstate the license
of an applicant who does not meet the requirements of subdivision 3 and who
applies for reinstatement more than five years after voluntary license
retirement in Minnesota or the equivalent in another jurisdiction if the
applicant:
(1) completes all requirements in subdivision 2;
(2) provides
verification of completing 20 continuing education hours for each year since
the applicant last held an active license in good standing in Minnesota or
another jurisdiction and 20 continuing education hours in the year immediately
preceding the application for reinstatement, not to exceed a maximum of 100
required continuing education hours; and
(3) provides
verification of passing the Special Purposes Examination for Chiropractic, or
an alternate examination the board determines is equivalent, within 12 months
after application.
Subd. 6. Board
authority. Applications for
reinstatement and licenses reinstated under this section are subject to the
same board authority under sections 148.10 and 214.103 as other applications
and licenses issued by the board to deny, refuse to issue, revoke, suspend,
condition, or limit a license or to take disciplinary or corrective action
against a licensee or applicant for conduct that violates applicable law or
professional standards.
Subd. 7. Continuing
education in year of reinstatement. A
licensee must not use continuing education hours obtained for the purpose of
applying for reinstatement of a voluntarily retired license under this section
to meet the annual hour requirement for the year the license is reinstated.
Subd. 8. Previously
voluntarily retired licensees. (a)
If a chiropractor who voluntarily retired before July 1, 2026, applies for
reinstatement under this section, the chiropractor is not required to repay any
renewal fees that accrued before the license reinstatement.
(b) Before reinstatement
under this subdivision, the voluntarily retired licensee must complete any
outstanding continuing education hours due at the time the license was
voluntarily retired.
148.09 INDEPENDENT EXAMINATION.
Subdivision 1. Requirements for examiners. (a) A doctor of chiropractic conducting a physical examination of a patient or a review of records by a doctor of chiropractic, for the purpose of generating a report or opinion to aid a reparation obligor under chapter 65B in making a determination regarding the condition or further treatment of the patient, shall meet the following requirements:
(1) the doctor of chiropractic must either be an instructor at an accredited school of chiropractic or have devoted not less than 50 percent of practice time to direct patient care during the two years immediately preceding the examination;
(2) the doctor of chiropractic must have completed any annual continuing education requirements for chiropractors prescribed by the Board of Chiropractic Examiners;
(3) the doctor of chiropractic must not accept a fee of more than $500 for each independent exam conducted; and
(4) the doctor of chiropractic must register with the Board of Chiropractic Examiners as an independent examiner and adhere to all rules governing the practice of chiropractic.
(b) The examiner must
identify in the written report the source of all records reviewed and the dates
or period of services covered by those records.
The examiner's notes and a copy of the final written report must be
retained for at least four years following the examination.
(c) Before conducting an
independent examination, the examiner must provide written disclosures to the
examinee that clearly state the purpose of the examination and the examinee's
right to have a third party present under subdivision 2.
Subd. 2. Third-party presence during examinations. (a) An examiner performing an independent examination under this section must not prohibit the examinee from having a third party of the examinee's choice present during the consultation and examination. The examiner must not bar the presence of a third party based on the third party's training or credentials. Advance notice to the examiner or to any other person, organization, or agency is not required for the presence of a third party under this subdivision.
(b) The third party must
provide their name to the examiner. The
examiner must document the presence and stated identity of any third party in
the written report of the examination.
(c) A third party may
make a written or audio recording of the consultation or examination if the
recording does not obstruct the conduct of the examination. A third party must not make a video recording
of the consultation or examination.
(d) An examiner must not
consider the examinee's exercise of rights under this subdivision as failing to
cooperate with the examination. If an
examiner determines that the examination has been obstructed, the examiner must
describe in detail the nature of the obstruction in the body of the written
report. For purposes of this
subdivision, "obstruct" means to hinder the examination to the degree
that the examination cannot be completed, unless the obstruction is necessary
for the safety or well-being of the patient.
Subd. 3. Violation. A violation of this section
constitutes unprofessional conduct under section 148.10, subdivision 1,
paragraph (e).
Subdivision 1. Administrative
hold. (a) If there is a
pending complaint against a licensee and the licensee fails to pay required
renewal fees, fails to renew the license, or fails to complete required
continuing education hours within the time prescribed by law, the board must
place the license on an administrative hold.
(b) A license on an
administrative hold:
(1) is expired and does
not authorize the licensee to engage in the practice of chiropractic; and
(2) remains under the
board's full jurisdiction for all purposes under sections 148.10 and 214.103,
including investigation, adjudication, and imposition of discipline.
Subd. 2. Prohibition
on status change while on administrative hold. (a) If the board places a license on
administrative hold, the board must not:
(1) accept an application
to voluntarily retire the license under section 148.075;
(2) terminate the license
for failing to renew or to complete continuing education requirements; or
(3) otherwise change the
license status of the licensee in a manner that allows the licensee to delay,
avoid, or terminate the complaint resolution process.
(b) The board must remove
the administrative hold upon the resolution of all pending complaints against
the licensee.
Subd. 3. Licensee
obligations not suspended. An
administrative hold on a license does not relieve a licensee of the legal
obligation to timely renew the license, pay renewal or other required fees, or
complete continuing education hours according to law.
Sec. 10. Minnesota Statutes 2024, section 148.10, is amended by adding a subdivision to read:
Subd. 8. Loss
and restoration of good standing. The
pendency of a complaint does not cause a license to lose good standing unless: (1) the complaint results in disciplinary
action under this section or an equivalent disciplinary law in another
jurisdiction; or (2) a stipulation and order or an equivalent order in another
jurisdiction provides for the loss of good standing. A license is restored to good standing upon
the satisfactory completion, expiration, or other agreed-upon termination of
all terms of a stipulation and order or an equivalent order in another
jurisdiction. An agreement for
corrective action as described under section 214.103, subdivision 6, does not
cause a license to lose good standing.
Sec. 11. Minnesota Statutes 2024, section 148.102, subdivision 3, is amended to read:
Subd. 3. Insurers. Two times each year (a) Every
January 1 and July 1, each insurer authorized to sell insurance described
in section 60A.06, subdivision 1, clause (13), and providing professional
liability insurance to chiropractors shall submit to the board a report
concerning the chiropractors against whom malpractice settlements or awards
have been made to the plaintiff. The
report must contain at least the following information:
(1) the total number of malpractice settlements or awards made to the plaintiff;
(2) the date the malpractice settlements or awards to the plaintiff were made;
(3) the allegations contained in the claim or complaint leading to the settlements or awards made to the plaintiff;
(5) the regular address of the practice of the doctor of chiropractic against whom an award was made or with whom a settlement was made; and
(6) the name of the doctor of chiropractic against whom an award was made or with whom a settlement was made.
(b) The insurance company shall, in addition to the above information, report to the board any information it possesses which tends to substantiate a charge that a doctor of chiropractic may have engaged in conduct violating section 148.10 and this section.
Sec. 12. Minnesota Statutes 2024, section 148.105, subdivision 1, is amended to read:
Subdivision 1. Generally. Any person who practices, or attempts to
practice, chiropractic or who uses any of the terms or letters "Doctors of
Chiropractic," "Chiropractor," "DC," or any other
title or letters under any circumstances as to lead the public to believe that
the person who so uses the terms is engaged in the practice of chiropractic,
without having complied with the provisions of sections 148.01 to 148.104, is
guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000
nor more than $10,000 or be imprisoned in the county jail for not less than 30
days nor more than six months or punished by both fine and imprisonment, in the
discretion of the court. It is the duty
of the county attorney of the county in which the person practices to prosecute. Nothing in sections 148.01 to 148.105 148.108
shall be considered as interfering with any person:
(1) licensed by a health-related licensing board, as defined in section 214.01, subdivision 2, including psychological practitioners with respect to the use of hypnosis;
(2) registered or licensed by the commissioner of health under section 214.13; or
(3) engaged in other methods of healing regulated by law in the state of Minnesota;
provided that the person confines activities within the scope of the license or other regulation and does not practice or attempt to practice chiropractic.
Sec. 13. Minnesota Statutes 2025 Supplement, section 148.108, subdivision 5, is amended to read:
Subd. 5. Chiropractic license fees. Fees for chiropractic licensure are the following amounts but may be adjusted lower by board action:
(1) initial application for
licensure fee, $300;
(2) annual renewal of an
active license fee, $250;
(3) annual renewal of an inactive license fee, 75 percent of the
current active license renewal fee under clause (2);
(4) (3) late
renewal penalty fee, $150 per month late; and
(5) (4)
application for reinstatement of a voluntarily retired or inactive terminated
license fee, $187.50. $100;
and
(5) penalty for failure
to complete CE requirements at the time of license renewal:
(i) at the first failure
to complete CE requirements at the time of license renewal, the amount of the
fee for annual renewal of an active license under clause (2);
(ii)
at the second failure to complete CE requirements at the time of license
renewal, two times the amount of the fee for annual renewal of an active
license under clause (2); and
(iii) at the third
failure to complete CE requirements at the time of license renewal and every
subsequent failure, three times the amount of the fee for annual renewal of an
active license under clause (2).
Sec. 14. Minnesota Statutes 2024, section 151.01, subdivision 35, is amended to read:
Subd. 35. Compounding. "Compounding" means preparing,
mixing, assembling, packaging, and labeling a drug for an identified individual
patient as a result of a practitioner's prescription drug order. Compounding also includes anticipatory
compounding, as defined in this section, and the preparation of drugs in which
all bulk drug substances and components are nonprescription substances. Compounding does not include mixing or
reconstituting a drug according to the product's labeling or to the
manufacturer's directions, provided that such labeling has been approved by the
United States Food and Drug Administration (FDA) or the manufacturer is
licensed under section 151.252. Compounding
does not include the preparation of a drug for the purpose of, or incident to,
research, teaching, or chemical analysis, provided that the drug is not
prepared for dispensing or administration to patients. All compounding, regardless of the type of
product, must be done pursuant to a prescription drug order unless otherwise permitted
in this chapter or by the rules of the board.
Compounding does not include a minor deviation from such directions with
regard to radioactivity, volume, or stability, which is made by or under the
supervision of a licensed nuclear pharmacist or a physician, and which is
necessary in order to accommodate circumstances not contemplated in the
manufacturer's instructions, such as the rate of radioactive decay or
geographical distance from the patient. Compounding
does not include the use of a flavoring agent to flavor a drug.
Sec. 15. Minnesota Statutes 2024, section 151.01, is amended by adding a subdivision to read:
Subd. 44. Flavoring
agent. "Flavoring
agent" means a therapeutically inert, nonallergenic substance consisting
of inactive ingredients that is added to a drug to improve the drug's taste and
palatability.
Sec. 16. Minnesota Statutes 2024, section 151.555, subdivision 7, is amended to read:
Subd. 7. Standards and procedures for inspecting and storing donated drugs and supplies. (a) A pharmacist or authorized practitioner who is employed by or under contract with the central repository or a local repository shall inspect all donated drugs and supplies before the drug or supply is dispensed to determine, to the extent reasonably possible in the professional judgment of the pharmacist or practitioner, that the drug or supply is not adulterated or misbranded, has not been tampered with, is safe and suitable for dispensing, has not been subject to a recall, and meets the requirements for donation. If a local repository receives drugs and supplies from the central repository, the local repository does not need to reinspect the drugs and supplies.
(b) The central repository and local repositories shall store donated drugs and supplies in a secure storage area under environmental conditions appropriate for the drug or supply being stored. Donated drugs and supplies may not be stored with nondonated inventory.
(c) The central repository and local repositories shall dispose of all drugs and medical supplies that are not suitable for donation in compliance with applicable federal and state statutes, regulations, and rules concerning hazardous waste.
(d) In the event that controlled substances or drugs that can only be dispensed to a patient registered with the drug's manufacturer are shipped or delivered to a central or local repository for donation, the shipment delivery must be documented by the repository and returned immediately to the donor or the donor's representative that provided the drugs.
(f) A record of destruction
of accepted donated drugs and supplies that are not dispensed under
subdivision 8, are subject to a recall under paragraph (e), or are not
suitable for donation or are subject to a recall under paragraph (e)
shall be maintained by the repository for at least two years. For each drug or supply destroyed, The
record shall include the following information:
(1) the date of destruction;
(2) the name, strength, and quantity of the drug destroyed; and
(3) the name of the person or firm that destroyed the drug.
No other record of destruction is required.
Sec. 17. Minnesota Statutes 2024, section 151.741, subdivision 4, is amended to read:
Subd. 4. Insulin safety net program account. (a) The insulin safety net program account is established in the special revenue fund in the state treasury. Money in the account is appropriated each fiscal year to:
(1) the MNsure board in an amount sufficient to carry out assigned
duties under section 151.74, subdivision 7; and
(2) the Board of Pharmacy in
an amount sufficient to cover costs incurred by the board in assessing and
collecting the registration fee under this section and in administering the
insulin safety net program under section 151.74.
(b) The commissioner of
management and budget shall annually transfer from the health care access fund
to the insulin safety net program account an amount sufficient to implement
paragraph (a).
Sec. 18. Minnesota Statutes 2025 Supplement, section 151.741, subdivision 5, is amended to read:
Subd. 5. Insulin repayment account; annual transfer from health care access fund. (a) The insulin repayment account is established in the special revenue fund in the state treasury. Money in the account is appropriated each fiscal year to the commissioner of administration to reimburse manufacturers for insulin dispensed under the insulin safety net program in section 151.74, in accordance with section 151.74, subdivisions 3, paragraph (h), and 6, paragraph (h), and to cover costs incurred by the commissioner in providing these reimbursement payments.
(b) By June 30, 2025, and
Each June 30 thereafter, the commissioner of administration shall
certify to the commissioner of management and budget the total amount expended
in the prior fiscal year for:
(1) reimbursement to manufacturers for insulin dispensed under the insulin safety net program in section 151.74, in accordance with section 151.74, subdivisions 3, paragraph (h), and 6, paragraph (h); and
(2) costs incurred by the commissioner of administration in providing the reimbursement payments described in clause (1).
Sec. 19. Minnesota Statutes 2024, section 214.41, is amended to read:
214.41 PHYSICIAN HEALTH CARE PROVIDER WELLNESS PROGRAM.
Subdivision 1. Definition
Definitions. (a) For
the purposes of this section, the following terms have the meanings given.
(b) "Health care
provider" or "provider" means an individual who is licensed or
registered by the state to perform health care services within the provider's
scope of practice and in accordance with state law.
(c) " physician
Health care provider wellness program" means a program for
health care providers of evaluation, counseling, or other modality to
address an issue related to career fatigue or wellness related to work stress for
physicians licensed under chapter 147 that is administered by a statewide
association that is exempt from taxation under United States Code, title 26,
section 501(c)(6), and that primarily represents physicians and osteopaths of
multiple specialties. Physician Health
care provider wellness program does not include the provision of services
intended to monitor for impairment under the authority of section 214.31.
Subd. 2. Confidentiality. Any record of a person's health
care provider's participation in a physician health care provider
wellness program is confidential and not subject to discovery, subpoena, or a
reporting requirement to the applicable health-related licensing board or
to the commissioner of health, unless the person provider
voluntarily provides for written release of the information or the disclosure
is required to meet the licensee's provider's obligation to
report certain information to the applicable health-related licensing board
or the commissioner of health according to section 147.111 law
governing the practice of the provider's profession.
Subd. 3. Civil
liability. Any person, agency,
institution, facility, or organization employed by, contracting with, or
operating a physician health care provider wellness program is
immune from civil liability for any action related to their duties in
connection with a physician health care provider wellness program
when acting in good faith.
Sec. 20. Laws 2025, First Special Session chapter 3, article 23, section 2, subdivision 12, is amended to read:
|
Subd. 12. Board
of Pharmacy |
|
|
|
|
|
Appropriations by Fund |
||
|
General |
937,000 |
937,000 |
|
State Government Special Revenue |
6,280,000 |
6,280,000 |
Medication Repository Program. $450,000
in fiscal year 2026 and $450,000 in fiscal year 2027 are from the general fund
for the medication repository program to purchase prescription drugs
under Minnesota Statutes, section 151.555, subdivision 6, paragraph (g).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
On July 1, 2026, the
Board of Chiropractic Examiners must administratively change all chiropractic
licenses put on inactive license status under Minnesota Rules, part 2500.2020,
before that date to a voluntarily retired license under Minnesota Statutes, section
148.075.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 22. INTERIM
CHIROPRACTIC ACUPUNCTURE REGISTRATION REINSTATEMENT PROCEDURES.
Subdivision 1. Scope. This section applies to a chiropractor
whose Minnesota chiropractic acupuncture registration was canceled.
Subd. 2. Application
requirements. At the time of
application for reinstatement of an acupuncture registration, the applicant
must:
(1) hold an active
Minnesota chiropractic license;
(2) submit an application
for reinstatement;
(3) pay the current
renewal fee;
(4) submit license verification from each jurisdiction where the
applicant holds or has held a chiropractic license; and
(5) complete any
additional applicable requirements as established in subdivisions 3, 4, and 5.
Subd. 3. Reinstatement
of canceled registration for registrant in good standing in another
jurisdiction. The Board of
Chiropractic Examiners must reinstate the chiropractic acupuncture registration
of an applicant in good standing in another jurisdiction if the applicant:
(1) completes all
requirements in subdivision 2;
(2) provides verification
of a chiropractic acupuncture credential in good standing from each
jurisdiction where the applicant is authorized to perform chiropractic
acupuncture; and
(3) provides verification
of completing two continuing education units in acupuncture or
acupuncture-related subjects in the year immediately preceding the application
for reinstatement.
Subd. 4. Reinstatement
of canceled registration after five years or less. The board must reinstate the
chiropractic acupuncture registration of an applicant who does not meet the
requirements of subdivision 3 and who applies for reinstatement five years or
less after the Minnesota registration cancellation if the applicant:
(1) completes all
requirements in subdivision 2; and
(2) provides verification
of:
(i) completing two
continuing education hours in acupuncture or acupuncture-related subjects for
each year since the applicant last held an active chiropractic acupuncture
registration in Minnesota or credential in another jurisdiction; or
(ii) passing the National
Board of Chiropractic Examiners Acupuncture Examination or the National
Certification Commission for Acupuncture and Oriental Medicine (NCCAOM)
Examination, or an alternate examination the board determines is equivalent,
within 12 months after application.
Subd. 5. Reinstatement
of canceled registration license after more than five years. The board must reinstate the
chiropractic acupuncture registration of an applicant who does not meet the
requirements of subdivision 3 and who applies for reinstatement more than five
years after the Minnesota registration cancellation if the applicant:
(1) completes all
requirements in subdivision 2; and
(2) provides verification
of passing either the National Board of Chiropractic Examiners Acupuncture
Examination or the NCCAOM Examination, or an alternative examination the board
determines is equivalent, within 12 months after application.
Subd. 6. Continuing
education in year of reinstatement. A
licensee must not use continuing education units obtained for the purpose of
applying for reinstatement of a canceled registration under this section to
meet the annual requirement for the year the license is reinstated.
Subd. 7. Board
authority. Applications for
reinstatement and registrations reinstated under this section are subject to
the same board authority under Minnesota Statutes, sections 148.10 and 214.103,
as other applications and registrations issued by the board to deny, refuse to
issue, revoke, suspend, condition, or limit a license or to take disciplinary
or corrective action against a registrant or applicant for conduct that
violates applicable law or professional standards.
Subd. 8. Expiration. This section expires on the date that
rules adopted by the board removing the inactive status for chiropractic
acupuncture registration reinstatement and establishing new chiropractic
acupuncture registration reinstatement procedures become effective.
Sec. 23. INTERIM
ANIMAL CHIROPRACTIC REGISTRATION REINSTATEMENT PROCEDURES.
Subdivision 1. Scope. This section applies to a chiropractor
whose Minnesota animal chiropractic registration was canceled.
Subd. 2. Application
requirements. At the time of
application for reinstatement of an animal chiropractic registration, the
applicant must:
(1) hold an active
Minnesota chiropractic license;
(2) submit an application
for reinstatement;
(3) pay the current
renewal fee;
(4) submit license verification from each jurisdiction where the
applicant holds or has held a chiropractic license; and
(5) complete any
additional applicable requirements as established in subdivisions 3 and 4.
Subd. 3. Reinstatement
of canceled registration for registrant in good standing in another
jurisdiction. The Board of
Chiropractic Examiners must reinstate the animal chiropractic registration of
an applicant who holds an animal chiropractic credential that is equivalent to
a Minnesota registration and in good standing in another jurisdiction if the
applicant:
(1) completes all
requirements in subdivision 2;
(2) provides verification
of an animal acupuncture credential in good standing from each jurisdiction
where the applicant is authorized to perform animal acupuncture; and
(3) provides verification
of completing six continuing education units in animal chiropractic diagnosis
and treatment in the year immediately preceding the application for
reinstatement.
Subd. 4. Reinstatement
of canceled registration for registrant with no animal chiropractic credential
in good standing in another jurisdiction.
The board must reinstate the registration of an applicant who
does not meet the requirements of subdivision 3 if the applicant:
(1) completes all
requirements in subdivision 2; and
(2) provides
verification of completing six continuing education units related to animal
chiropractic diagnosis and treatment for each year the applicant cannot verify
an active animal chiropractic credential that is equivalent to a Minnesota
registration and in good standing.
Subd. 5. Continuing
education in year of reinstatement. A
licensee must not use continuing education hours obtained for the purposes of
applying for reinstatement of a canceled registration under this section to
meet the annual hour requirement for the year the license is reinstated.
Subd. 6. Board
authority. Applications for
reinstatement and registrations reinstated under this section are subject to
the same board authority under Minnesota Statutes, sections 148.10 and 214.103,
as other applications and registrations issued by the board to deny, refuse to
issue, revoke, suspend, condition, or limit a license or to take disciplinary
or corrective action against a registrant or applicant for conduct that
violates applicable law or professional standards.
Subd. 7. Expiration. This section expires on the date that
rules adopted by the board removing the inactive status for animal chiropractic
registration reinstatement and establishing new animal chiropractic
registration reinstatement procedures become effective.
Sec. 24. REVISOR
INSTRUCTION.
The revisor of statutes
shall renumber each provision of Minnesota Statutes listed in column A to the
number listed in column B. The revisor
shall also make necessary cross-reference changes consistent with the
renumbering:
|
Column A |
Column B |
|
148.01,
subdivision 1a |
148.032,
subdivision 1 |
|
148.01,
subdivision 1b |
148.032,
subdivision 2 |
|
148.01,
subdivision 1c |
148.032,
subdivision 3 |
|
148.01,
subdivision 1d |
148.032,
subdivision 4 |
|
148.032,
paragraphs (a) and (b) |
148.032,
subdivision 5, paragraphs (a) and (b) |
|
148.032,
paragraphs (c) and (d) |
148.032,
subdivision 6, paragraphs (a) and (b) |
|
148.032,
paragraph (e) |
148.032,
subdivision 7 |
Sec. 25. REPEALER.
(a) Minnesota Statutes
2024, section 151.741, subdivisions 2, 3, and 6, are repealed.
(b) Minnesota Rules,
parts 2500.0100, subparts 5b, 6, and 12; 2500.1900; 2500.2020; 2500.2040;
2500.2100; 2500.2110; 6800.0400; and 6800.1150, are repealed.
HEALTH CARE
Section 1. Minnesota Statutes 2024, section 62V.05, subdivision 7, is amended to read:
Subd. 7. Agreements; consultation. (a) The board shall:
(1) establish and maintain an agreement with the commissioner of human services for cost allocation and services regarding eligibility determinations and enrollment for public health care programs that use a modified adjusted gross income standard to determine program eligibility. The board may establish and maintain an agreement with the commissioner of human services for other services;
(2) establish and maintain an agreement with the commissioners of commerce and health for services regarding enforcement of MNsure certification requirements for health plans and dental plans offered through MNsure. The board may establish and maintain agreements with the commissioners of commerce and health for other services; and
(3) establish interagency agreements to transfer funds to other state agencies for their costs related to implementing and operating MNsure, excluding medical assistance allocatable costs.
(b) The board shall consult with the commissioners of commerce and health regarding the operations of MNsure.
(c) The board shall consult with Indian tribes and organizations regarding the operation of MNsure.
(d) Beginning March 15,
2016, and each March 15 thereafter, the board shall submit a report to the
chairs and ranking minority members of the committees in the senate and house
of representatives with primary jurisdiction over commerce, health, and human
services on all the agreements entered into with the chief information officer
of the Department of Information Technology Services, or the commissioners of
human services, health, or commerce in accordance with this subdivision. The report shall include the agency in which
the agreement is with; the time period of the agreement; the purpose of the
agreement; and a summary of the terms of the agreement. A copy of the agreement must be submitted to
the extent practicable.
Sec. 2. Minnesota Statutes 2024, section 62V.13, is amended to read:
62V.13 EASY ENROLLMENT HEALTH INSURANCE OUTREACH PROGRAM.
Subdivision 1. Establishment. The board, in cooperation with the commissioner of revenue, must establish the easy enrollment health insurance outreach program to:
(1) reduce the number of uninsured Minnesotans and increase access to affordable health insurance coverage;
(2) allow the commissioner of revenue to provide return information, at the request of the taxpayer, to MNsure to provide the taxpayer with information about the taxpayer's potential eligibility for financial assistance and health insurance enrollment options through MNsure;
(3) allow MNsure to estimate
taxpayer potential eligibility for financial assistance for health insurance
coverage provide general information regarding potential eligibility for
health insurance programs and financial assistance available through MNsure;
and
(4) allow MNsure to conduct targeted outreach to assist interested taxpayer households in applying for and enrolling in affordable health insurance options through MNsure, including connecting interested taxpayer households with a navigator or broker for free enrollment assistance.
Subd. 3. Outreach
letter and special enrollment period. (a)
MNsure must provide a written letter of the projected assessment under
subdivision 2 with general information about health insurance coverage
and financial assistance available through MNsure to a taxpayer who
indicates to the commissioner of revenue that the taxpayer is interested in
obtaining information on access to health insurance.
(b) MNsure must allow a special enrollment period for taxpayers who receive the outreach letter in paragraph (a) and are determined eligible to enroll in a qualified health plan through MNsure. The triggering event for the special enrollment period is the day the outreach letter under this subdivision is mailed to the taxpayer. An eligible individual, and their dependents, have 65 days from the triggering event to select a qualifying health plan and coverage for the qualifying health plan is effective the first day of the month after plan selection.
(c) Taxpayers who have a member of the taxpayer's household currently enrolled in a qualified health plan through MNsure are not eligible for the special enrollment under paragraph (b).
(d) MNsure must provide information to the general public about the easy enrollment health insurance outreach program and the special enrollment period described in this subdivision.
Subd. 4. Appeals. (a) Projected Any
eligibility assessments for financial assistance under this section are not
appealable information provided under this section is not appealable.
(b) Qualification for the special enrollment period under this section is appealable to MNsure under this chapter and Minnesota Rules, chapter 7700.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2025 Supplement, section 256.9657, subdivision 2b, is amended to read:
Subd. 2b. Hospital assessment. (a) For purposes of this subdivision, the following terms have the meanings given:
(1) "eligible hospital" means:
(i) PrairieCare psychiatric hospital; or
(ii) a hospital licensed under section 144.50, located in Minnesota, and with a Medicare cost report filed and showing in the Healthcare Cost Report Information System (HCRIS), except for the following:
(A) federal Indian Health Service facilities;
(B) state-owned or state-operated regional treatment centers and all state-operated services;
(C) federal Veterans Administration Medical Centers; and
(D) long-term acute care hospitals;
(i) values on Worksheet G of the hospital's Medicare cost report; or
(ii) for PrairieCare psychiatric hospital, data available to the commissioner; and
(3) "total patient days" means total hospital inpatient days as reported on:
(i) Worksheet S-3 of the hospital's Medicare cost report; or
(ii) for PrairieCare psychiatric hospital, data available to the commissioner.
(b) Subject to paragraphs
(m) to (o) (p), each eligible hospital must pay assessments to
the hospital directed payment program account in the special revenue fund, with
an aggregate annual assessment amount equal to the sum of the following:
(1) $120.22 multiplied by total patient days; and
(2) 5.96 percent of the hospital's net outpatient revenue.
(c) The assessment amount for calendar years 2026 and 2027 must be based on the total patient days and net outpatient revenue reflected on an eligible hospital's Medicare cost report as follows:
(1) an eligible hospital with a fiscal year ending on March 31 or June 30 must use data from a cost report from the hospital's fiscal year 2022; and
(2) an eligible hospital with a fiscal year ending on September 30 or December 31 must use data from a cost report from the hospital's fiscal year 2021.
(d) The annual assessment amount for calendar years after 2027 must be set for a two-year period and must be based on the total patient days and net outpatient revenue reflected on an eligible hospital's most recent Medicare cost report filed and showing in HCRIS as of August 1 of the year prior to the subsequent two-year period.
(e) The commissioner may, after consultation with the Minnesota Hospital Association, modify the rates of assessment in paragraph (b) as necessary to comply with federal law, obtain or maintain a waiver under Code of Federal Regulations, title 42, section 433.72, or otherwise maximize under this section federal financial participation for medical assistance. Notwithstanding the foregoing authorization to maximize federal financial participation for medical assistance, the commissioner must reduce the rates of assessment in paragraph (b) as necessary to ensure:
(1) the state's aggregated health care-related taxes on inpatient hospital services do not exceed 5.75 percent of the net patient revenue attributable to those services; and
(2) the state's aggregated health care-related taxes on outpatient hospital services do not exceed 5.75 percent of the net patient revenue attributable to those services.
(f) Eligible hospitals must pay the annual assessment amount under paragraph (b) to the commissioner by paying four equal, quarterly assessments. Eligible hospitals must pay the quarterly assessments by January 1, April 1, July 1, and October 1 each year. Assessments must be paid in the form and manner specified by the commissioner. An eligible hospital is prohibited from paying a quarterly assessment until the eligible hospital has received the applicable invoice under paragraph (g).
(h) The commissioner must notify each eligible hospital of the hospital's estimated annual assessment amount for the subsequent calendar year by October 15 each year.
(i) If any of the dates for assessments or invoices in paragraphs (f) to (h) fall on a holiday, the applicable date is the next business day.
(j) A hospital that has merged with another hospital must have the surviving hospital's assessment revised at the start of the hospital's first full fiscal year after the merger is complete. A closed hospital is retroactively responsible for assessments owed for services provided through the final date of operations.
(k) If the commissioner determines that a hospital has underpaid or overpaid an assessment, the commissioner must notify the hospital of the unpaid assessment or of any refund due. The commissioner must refund a hospital's overpayment from the hospital directed payment program account created in section 256B.1975, subdivision 1.
(l) Revenue from an assessment under this subdivision must only be used by the commissioner to pay the nonfederal share of the directed payment program under section 256B.1974.
(m) The commissioner is prohibited from collecting any assessment under this subdivision during any period of time when:
(1) federal financial participation is unavailable or disallowed, or if the approved aggregate federal financial participation for the directed payment under section 256B.1974 is less than 51 percent; or
(2) a directed payment under section 256B.1974 is not approved by the Centers for Medicare and Medicaid Services.
(n) The commissioner must make the following discounts from the inpatient portion of the assessment under paragraph (b), clause (1), in the stated amount or as necessary to achieve federal approval of the assessment in this section:
(1) Hennepin Healthcare, with a discount of 25 percent;
(2) Mayo Rochester, with a discount of ten percent;
(3) Gillette Children's Hospital, with a discount of 90 percent;
(4) each hospital not included in another discount category, and with greater than $200,000,000 in total medical assistance inpatient and outpatient revenue in fee-for-service and managed care, as reported in state fiscal year 2022 medical assistance fee-for-service and managed care claims data, with a discount of five percent; and
(5) any hospital responsible for greater than 12 percent of the total assessment annually collected statewide, with a discount in the amount necessary such that the hospital is responsible for 12 percent of the total assessment annually collected statewide.
(o) The commissioner must make the following discounts from the outpatient portion of the assessment under paragraph (b), clause (2), in the stated amount or as necessary to achieve federal approval of the assessment in this section:
(2) Gillette Children's Hospital, with a discount of 90 percent;
(3) Hennepin Healthcare, with a discount of 60 percent;
(4) Mayo Rochester, with a discount of 20 percent; and
(5) each hospital not included in another discount category, and with greater than $200,000,000 in total medical assistance inpatient and outpatient revenue in fee-for-service and managed care, as reported in state fiscal year 2022 medical assistance fee-for-service and managed care claims data, with a discount of ten percent.
(p) The commissioner must
not impose any assessment under this subdivision on a hospital that does not
receive payments under section 256B.1974.
(p) (q) If the
federal share of the hospital directed payment program under section 256B.1974
is increased as the result of an increase to the federal medical assistance
percentage, the commissioner must reduce the assessment on a uniform percentage
basis across eligible hospitals on which the assessment is imposed, such that
the aggregate amount collected from hospitals under this subdivision does not
exceed the total amount needed to maintain the same aggregate state and federal
funding level for the directed payments authorized by section 256B.1974.
(q) (r) Eligible
hospitals must submit to the commissioner on an annual basis, in the form and
manner specified by the commissioner in consultation with the Minnesota
Hospital Association, all documentation necessary to determine the assessment
amounts under this subdivision.
EFFECTIVE DATE. This
section is effective the date that Laws 2025, First Special Session chapter 3,
article 8, section 4, becomes effective.
Sec. 4. Minnesota Statutes 2024, section 256.969, subdivision 2b, is amended to read:
Subd. 2b. Hospital payment rates. (a) For discharges occurring on or after November 1, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according to the following:
(1) critical access hospitals as defined by Medicare shall be paid using a cost-based methodology;
(2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology under subdivision 25;
(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation distinct parts as defined by Medicare shall be paid according to the methodology under subdivision 12; and
(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.
(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not be rebased, except that a Minnesota long-term hospital shall be rebased effective January 1, 2011, based on its most recent Medicare cost report ending on or before September 1, 2008, with the provisions under subdivisions 9 and 23, based on the rates in effect on December 31, 2010. For rate setting periods after November 1, 2014, in which the base years are updated, a Minnesota long-term hospital's base year shall remain within the same period as other hospitals.
(c) Effective for discharges occurring on and after November 1, 2014, payment rates for hospital inpatient services provided by hospitals located in Minnesota or the local trade area, except for the hospitals paid under the methodologies described in paragraph (a), clauses (2) and (3), shall be rebased, incorporating cost and payment
(d) For discharges occurring on or after November 1, 2014, through the next rebasing that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph (a), clause (4), shall include adjustments to the projected rates that result in no greater than a five percent increase or decrease from the base year payments for any hospital. Any adjustments to the rates made by the commissioner under this paragraph and paragraph (e) shall maintain budget neutrality as described in paragraph (c).
(e) For discharges occurring on or after November 1, 2014, the commissioner may make additional adjustments to the rebased rates, and when evaluating whether additional adjustments should be made, the commissioner shall consider the impact of the rates on the following:
(1) pediatric services;
(2) behavioral health services;
(3) trauma services as defined by the National Uniform Billing Committee;
(4) transplant services;
(5) obstetric services, newborn services, and behavioral health services provided by hospitals outside the seven‑county metropolitan area;
(6) outlier admissions;
(7) low-volume providers; and
(8) services provided by small rural hospitals that are not critical access hospitals.
(f) Hospital payment rates established under paragraph (c) must incorporate the following:
(1) for hospitals paid under the DRG methodology, the base year payment rate per admission is standardized by the applicable Medicare wage index and adjusted by the hospital's disproportionate population adjustment;
(2) for critical access hospitals, payment rates for discharges between November 1, 2014, and June 30, 2015, shall be set to the same rate of payment that applied for discharges on October 31, 2014;
(3) the cost and charge data used to establish hospital payment rates must only reflect inpatient services covered by medical assistance; and
(4) in determining hospital payment rates for discharges occurring on or after the rate year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per discharge shall be based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year or years. In determining hospital payment rates for discharges in subsequent base years, the per discharge rates shall be based on the cost‑finding methods and allowable costs of the Medicare program in effect during the base year or years.
(h) Effective for discharges occurring on or after July 1, 2017, and every two years thereafter, payment rates under this section shall be rebased to reflect only those changes in hospital costs between the existing base year or years and the next base year or years. In any year that inpatient claims volume falls below the threshold required to ensure a statistically valid sample of claims, the commissioner may combine claims data from two consecutive years to serve as the base year. Years in which inpatient claims volume is reduced or altered due to a pandemic or other public health emergency shall not be used as a base year or part of a base year if the base year includes more than one year. Changes in costs between base years shall be measured using the lower of the hospital cost index defined in subdivision 1, paragraph (a), or the percentage change in the case mix adjusted cost per claim. The commissioner shall establish the base year for each rebasing period considering the most recent year or years for which filed Medicare cost reports are available, except that the base years for the rebasing effective July 1, 2023, are calendar years 2018 and 2019. The estimated change in the average payment per hospital discharge resulting from a scheduled rebasing must be calculated and made available to the legislature by January 15 of each year in which rebasing is scheduled to occur, and must include by hospital the differential in payment rates compared to the individual hospital's costs.
(i) Effective for discharges occurring on or after July 1, 2015, through December 31, 2026, inpatient payment rates for critical access hospitals located in Minnesota or the local trade area shall be determined using a new cost‑based methodology. The commissioner shall establish within the methodology tiers of payment designed to promote efficiency and cost-effectiveness. Payment rates for hospitals under this paragraph shall be set at a level that does not exceed the total cost for critical access hospitals as reflected in base year cost reports. Until the next rebasing that occurs, the new methodology shall result in no greater than a five percent decrease from the base year payments for any hospital, except a hospital that had payments that were greater than 100 percent of the hospital's costs in the base year shall have their rate set equal to 100 percent of costs in the base year. The rates paid for discharges on and after July 1, 2016, covered under this paragraph shall be increased by the inflation factor in subdivision 1, paragraph (a). The new cost-based rate shall be the final rate and shall not be settled to actual incurred costs. Hospitals shall be assigned a payment tier based on the following criteria:
(1) hospitals that had payments at or below 80 percent of their costs in the base year shall have a rate set that equals 85 percent of their base year costs;
(2) hospitals that had payments that were above 80 percent, up to and including 90 percent of their costs in the base year shall have a rate set that equals 95 percent of their base year costs; and
(3) hospitals that had payments that were above 90 percent of their costs in the base year shall have a rate set that equals 100 percent of their base year costs.
(j) The commissioner may
refine the payment tiers and criteria for critical access hospitals to coincide
with the next rebasing under paragraph (h).
The factors used to develop the new methodology may include, but are not
limited to:
(1) the ratio between
the hospital's costs for treating medical assistance patients and the
hospital's charges to the medical assistance program;
(2) the ratio between
the hospital's costs for treating medical assistance patients and the
hospital's payments received from the medical assistance program for the care
of medical assistance patients;
(3) the
ratio between the hospital's charges to the medical assistance program and the
hospital's payments received from the medical assistance program for the care
of medical assistance patients;
(4) the statewide average
increases in the ratios identified in clauses (1), (2), and (3);
(5) the proportion of
that hospital's costs that are administrative and trends in administrative
costs; and
(6) geographic location.
(j) Effective for
discharges occurring on or after January 1, 2027, inpatient payment rates for
critical access hospitals located in Minnesota or the local trade area must be
determined using 100 percent of each hospital's base year costs. The base year costs must be increased by the
percentage change in the Centers for Medicare and Medicaid Services Inpatient
Hospital Market Basket between the base year and the payment year. Effective January 1, 2027, payments made
by managed care plans and county-based purchasing plans must be at least
equivalent to those paid by fee-for-service.
(k) Subject to subdivision 2g, effective for discharges occurring on or after January 1, 2024, the rates paid to hospitals described in paragraph (a), clauses (2) to (4), must include a rate factor specific to each hospital that qualifies for a medical education and research cost distribution under section 62J.692, subdivision 4, paragraph (a).
Sec. 5. Minnesota Statutes 2025 Supplement, section 256.969, subdivision 2f, is amended to read:
Subd. 2f. Alternate
inpatient payment rate. (a)
Effective January 1, 2022, for a hospital eligible to receive disproportionate
share hospital payments under subdivision 9, paragraph (d), clause (6), the
commissioner shall reduce the amount calculated under subdivision 9, paragraph
(d), clause (6), by 99 one percent and compute an alternate
inpatient payment rate. The alternate
payment rate shall be structured to target a total aggregate reimbursement
amount equal to what the hospital would have received for providing
fee-for-service inpatient services under this section to patients enrolled in
medical assistance had the hospital received the entire amount calculated under
subdivision 9, paragraph (d), clause (6).
This paragraph expires when paragraph (b) becomes effective.
(b) For hospitals eligible
to receive payment under section 256B.1973 or 256B.1974 and meeting the
criteria in subdivision 9, paragraph (d), the commissioner must may
reduce the amount calculated under subdivision 9, paragraph (d), by one percent
and compute an alternate inpatient payment rate. The alternate payment rate must be structured
to target a total aggregate reimbursement amount equal to the amount that the
hospital would have received for providing fee-for-service inpatient services
under this section to patients enrolled in medical assistance had the hospital
received 99 percent of the entire amount calculated under subdivision 9,
paragraph (d). Hospitals that do not
meet federal requirements for Medicaid disproportionate share hospitals are not
eligible for the alternate payment rate.
EFFECTIVE DATE. This
section is effective upon the date that Laws 2025, First Special Session
chapter 3, article 8, section 5, becomes effective.
Sec. 6. Minnesota Statutes 2024, section 256.969, subdivision 25, is amended to read:
Subd. 25. Long-term hospital rates. (a) Long-term hospitals shall be paid on a per diem basis.
(b) For admissions occurring on or after April 1, 1995, a long-term hospital as designated by Medicare that does not have admissions in the base year shall have inpatient rates established at the average of other hospitals with the same designation. For subsequent rate-setting periods in which base years are updated, the hospital's base year shall be the first Medicare cost report filed with the long-term hospital designation and shall remain in effect until it falls within the same period as other hospitals.
(1) hospitals that had
payments at or below 80 percent of the hospital's costs in the base year must
have a rate set that equals 85 percent of the hospital's base year costs;
(2) hospitals that had
payments that were above 80 percent up to and including 90 percent of the
hospital's costs in the base year must have a rate set that equals 95 percent
of the hospital's base year costs; and
(3) hospitals that had
payments that were above 90 percent of the hospital's costs in the base year
must have a rate set that equals 100 percent of the hospital's base year costs.
Sec. 7. Minnesota Statutes 2024, section 256B.056, subdivision 1, is amended to read:
Subdivision 1. Residency. (a) To be eligible for medical
assistance, a person must reside in Minnesota, or, if absent from the state, be
deemed to be a resident of Minnesota, in accordance with Code of Federal
Regulations, title 42, section 435.403. A
child who is placed in a family foster home in Minnesota by another state is a
Minnesota resident in accordance with Minnesota's interstate agreements and
Code of Federal Regulations, title 42, section 435.403(k). For the purposes of this paragraph,
"family foster home" has the meaning given in section 260C.007,
subdivision 16b.
(b) The commissioner shall identify individuals who are enrolled in medical assistance and who are absent from the state for more than 30 consecutive days, but who continue to qualify for medical assistance in accordance with paragraph (a).
(c) If the individual is absent from the state for more than 30 consecutive days but still deemed a resident of Minnesota in accordance with paragraph (a), any covered service provided to the individual must be paid through the fee-for-service system and not through the managed care capitated rate payment system under section 256B.69 or 256L.12.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2025 Supplement, section 256B.0625, subdivision 8, is amended to read:
Subd. 8. Physical therapy. (a) Medical assistance covers physical therapy and related services. Specialized maintenance therapy is covered for recipients age 20 and under.
(b) Services provided by a physical therapy assistant shall be reimbursed at the same rate as services performed by a physical therapist when the services of the physical therapy assistant are provided under the direction of a physical therapist who is on the premises. Services provided by a physical therapy assistant that are provided under the direction of a physical therapist who is not on the premises shall be reimbursed at 65 percent of the physical therapist rate.
(c) Payment for physical
therapy and related services is limited to 14 visits per year unless prior
authorization of a greater number of visits is obtained. This paragraph expires upon the effective
date of paragraph (d).
(d) Effective January 1,
2027, or upon federal approval, whichever is later, payment for physical
therapy and related services is limited to the following number of visits per
year unless prior authorization of a greater number of visits is obtained:
(1)
for children following an inpatient or outpatient hospital-based surgery, 30
visits; and
(2) for all other
recipients, 14 visits.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2025 Supplement, section 256B.1973, subdivision 9, is amended to read:
Subd. 9. Interaction with other directed payments. (a) An eligible provider under subdivision 3 may participate in the hospital directed payment program under section 256B.1974 for inpatient hospital services, outpatient hospital services, or both. A provider participating in the hospital directed payment program must not receive a directed payment under this section for any provider classes paid via the hospital directed payment program. A hospital subject to this section must notify the commissioner in writing no later than 30 days after enactment of this subdivision of the hospital's intention to participate in the hospital directed payment program under section 256B.1974 for inpatient hospital services, outpatient hospital services, or both.
(b) The election under this subdivision is a onetime election, except that if an eligible provider elects to participate in the hospital directed payment program, and the hospital directed payment program expires or is not federally approved, the eligible provider may subsequently elect to participate in the directed payment under this section.
(c) If an eligible provider elects not to participate in the hospital directed payment program under section 256B.1974 and the federal statutes or regulations related to hospital directed payment programs are subsequently substantially changed, the eligible provider may elect to participate in the hospital directed payment program under section 256B.1974.
(d) The effective date
of the election to participate in the hospital directed payment program under
this section must align with the beginning of the calendar year in which
payment rates under this section are updated.
The eligible provider must notify the commissioner of the eligible
provider's intention to make the election ten months before the effective date
of the election.
Sec. 10. Minnesota Statutes 2025 Supplement, section 256B.69, subdivision 6d, is amended to read:
Subd. 6d. Prescription drugs. (a) The commissioner may exclude or modify coverage for prescription drugs from the prepaid managed care contracts entered into under this section in order to increase savings to the state by collecting additional prescription drug rebates.
(b) The contracts must maintain incentives for the managed care plan to manage drug costs and utilization and may require that the managed care plans maintain an open drug formulary. In order to manage drug costs and utilization, the contracts may authorize the managed care plans to use preferred drug lists and prior authorization. The contracts must require that the managed care plans enter into contracts with the state's selected pharmacy benefit manager vendor to administer the pharmacy benefit.
(c) This subdivision is contingent on federal approval of the managed care contract changes and the collection of additional prescription drug rebates.
(d) The commissioner
must require that the final reimbursement to a pharmacy from managed care and
county‑based purchasing plans and any pharmacy benefit managers under contract
with these entities be at least a dispensing fee of $11.55 per claim for
prescriptions filled with drugs meeting the definition of covered outpatient
drugs. The commissioner must require the
payment of a dispensing fee of at least $3.65 for drugs not meeting the
definition of covered outpatient drug.
(e) In
addition to the dispensing fee set forth in paragraph (d), the commissioner
must require that the final reimbursement to a pharmacy from managed care and
county-based purchasing plans and any pharmacy benefit managers under contract
with these entities be equal to the ingredient cost for a drug as either:
(1) the lower of the
National Average Drug Acquisition Cost (NADAC) or the Minnesota actual
acquisition cost (MNAAC) under section 256B.0625, subdivision 13, paragraph
(g);
(2) the maximum allowable
cost, if a drug ingredient cost is unreported in the NADAC and the MNAAC; or
(3) the wholesale
acquisition cost minus two percent, if a drug ingredient cost is unreported in
the NADAC and the MNAAC and a maximum allowable cost is unavailable.
(f) The commissioner must
monitor the effect of this requirement on access to pharmaceutical services in
rural and underserved areas of the state.
If, for any contract year, federal approval is not received for
paragraphs (d) and (e), the commissioner must adjust the capitation rates paid
to managed care plans and county-based purchasing plans for that contract year
to reflect removal of paragraphs (d) and (e).
A contract between a managed care plan or county-based purchasing plan,
or any pharmacy benefit manager under contract with one of those entities, and
a provider to whom paragraphs (d) and (e) apply must allow recovery of payments
from those providers if capitation rates are adjusted in accordance with this
paragraph. Payment recoveries must not
exceed the amount equal to any increase in rates that results from paragraphs
(d) and (e). This subdivision expires if
federal approval is not received for paragraphs (d) and (e) at any time.
(g) Paragraphs (d) to (g)
expire upon the effective date of a master contract under section 256B.696. The commissioner shall notify the revisor of
statutes of the effective date.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 11. Minnesota Statutes 2025 Supplement, section 256B.695, subdivision 5, is amended to read:
Subd. 5. CARMA
enrollment. (a) Subject to paragraphs
paragraph (d) and (e), eligible individuals must be automatically
enrolled in CARMA, but may decline enrollment.
Eligible individuals may enroll in fee-for-service medical assistance. Eligible individuals may change their CARMA
elections on an annual basis.
(b) Eligible individuals must be able to enroll in CARMA through the selection process in accordance with the election period established in section 256B.69, subdivision 4, paragraph (e).
(c) Enrollees who were not previously enrolled in the medical assistance program or MinnesotaCare can change their selection once within the first year after enrollment in CARMA. Enrollees who were not previously enrolled in CARMA have 90 days to make a change and changes are allowed for additional special circumstances.
(d) The commissioner may not
offer a second health plan to eligible individuals other than, and
or in addition to, CARMA except that the commissioner may offer a
second health plan to eligible individuals when another health plan is
enrolling in MinnesotaCare, if required by federal law or rule. Eligible individuals who do not select a
health plan at the time of enrollment must automatically be enrolled in CARMA.
(e) The commissioner may offer a replacement plan to eligible individuals, as determined by the commissioner, when counties administering CARMA have their contract terminated for cause.
(e) (f) The
commissioner may, on a county-by-county basis, offer a health plan other than,
and in addition to, CARMA to individuals who are eligible for both Medicare
and medical assistance due to age, income, or disability if the
commissioner deems it necessary for enrollees to have another choice of health
plan. Factors the commissioner must
consider when determining if the other health plan is necessary include the
number of available
there is not already a health plan available under CARMA.
Medicare Advantage Plan options that are
not special needs plans in the county, the size of the enrolling population,
the additional administrative burden placed on providers and counties by
multiple health plan options in a county, the need to ensure the viability and
success of the CARMA program, and the impact to the medical assistance program
(f) In counties where the
commissioner is required by federal law or elects to offer a second health plan
other than CARMA pursuant to paragraphs (d) and (e), eligible enrollees who do
not select a health plan at the time of enrollment must automatically be
enrolled in CARMA.
(g) This subdivision supersedes section 256B.694.
EFFECTIVE DATE. This
section is effective January 1, 2028.
Sec. 12. Minnesota Statutes 2024, section 256B.75, is amended to read:
256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.
(a) For outpatient hospital facility fee payments for services rendered on or after October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those services for which there is a federal maximum allowable payment. Effective for services rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital facility fees and emergency room facility fees shall be increased by eight percent over the rates in effect on December 31, 1999, except for those services for which there is a federal maximum allowable payment. Services for which there is a federal maximum allowable payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum allowable payment. Total aggregate payment for outpatient hospital facility fee services shall not exceed the Medicare upper limit. If it is determined that a provision of this section conflicts with existing or future requirements of the United States government with respect to federal financial participation in medical assistance, the federal requirements prevail. The commissioner may, in the aggregate, prospectively reduce payment rates to avoid reduced federal financial participation resulting from rates that are in excess of the Medicare upper limitations.
(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and ambulatory surgery hospital facility fee services for critical access hospitals designated under section 144.1483, clause (9), shall be paid on a cost-based payment system that is based on the cost-finding methods and allowable costs of the Medicare program. Effective for services provided on or after July 1, 2015, rates established for critical access hospitals under this paragraph for the applicable payment year shall be the final payment and shall not be settled to actual costs. Effective for services delivered on or after the first day of the hospital's fiscal year ending in 2017, the rate for outpatient hospital services shall be computed using information from each hospital's Medicare cost report as filed with Medicare for the year that is two years before the year that the rate is being computed. Rates shall be computed using information from Worksheet C series until the department finalizes the medical assistance cost reporting process for critical access hospitals. After the cost reporting process is finalized, rates shall be computed using information from Title XIX Worksheet D series. The outpatient rate shall be equal to ancillary cost plus outpatient cost, excluding costs related to rural health clinics and federally qualified health clinics, divided by ancillary charges plus outpatient charges, excluding charges related to rural health clinics and federally qualified health clinics. Effective for services delivered on or after January 1, 2024, the rates paid to critical access hospitals under this section must be adjusted to include the amount of any distributions under section 62J.692, subdivision 4, paragraph (a), that were not included in the rate adjustment described under section 256.969, subdivision 2b, paragraph (k).
(c) Effective for services provided on or after July 1, 2003, rates that are based on the Medicare outpatient prospective payment system shall be replaced by a budget neutral prospective payment system that is derived using medical assistance data. The commissioner shall provide a proposal to the 2003 legislature to define and implement this provision. When implementing prospective payment methodologies, the commissioner shall use general methods and rate calculation parameters similar to the applicable Medicare prospective payment systems for services delivered in outpatient hospital and ambulatory surgical center settings unless other payment methodologies for these services are specified in this chapter.
(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service services provided on or after July 1, 2003, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced five percent from the current statutory rates. Facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.
(f) In addition to the reductions in paragraphs (d) and (e), the total payment for fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced three percent from the current statutory rates. Mental health services and facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.
(g) Critical access hospitals that convert to rural emergency hospitals in accordance with section 1861(kkk) of the Social Security Act must be paid the rate described in paragraph (b). The rate must be classified as either an outpatient hospital rate or a clinic rate as determined upon federal approval.
Sec. 13. Minnesota Statutes 2024, section 256L.05, subdivision 3, is amended to read:
Subd. 3. Effective date of coverage. (a) The effective date of coverage is the first day of the month following the month in which eligibility is approved and the first premium payment has been received. The effective date of coverage for new members added to the family is the first day of the month following the month in which the change is reported. All eligibility criteria must be met by the family at the time the new family member is added. The income of the new family member is included with the family's modified adjusted gross income and the adjusted premium begins in the month the new family member is added.
(b) The initial premium must be received by the last working day of the month for coverage to begin the first day of the following month.
(c) Notwithstanding any other law to the contrary, benefits under sections 256L.01 to 256L.18 are secondary to a plan of insurance or benefit program under which an eligible person may have coverage and the commissioner shall use cost avoidance techniques to ensure coordination of any other health coverage for eligible persons. The commissioner shall identify eligible persons who may have coverage or benefits under other plans of insurance or who become eligible for medical assistance.
(d) The effective date of
coverage for individuals or families who are exempt from paying premiums under
section 256L.15, subdivision subdivisions 1, paragraph (c)
and 2, is the first day of the month following the month in which
eligibility is approved.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 14. Minnesota Statutes 2024, section 256L.06, subdivision 3, is amended to read:
Subd. 3. Commissioner's duties and payment. (a) Premiums are dedicated to the commissioner for MinnesotaCare.
(b) The commissioner shall develop and implement procedures to: (1) require enrollees to report changes in income; (2) adjust sliding scale premium payments, based upon both increases and decreases in enrollee income, at
(c) Premiums are calculated
on a calendar month basis and may be paid on a monthly, quarterly, or
semiannual basis, with the first payment due upon notice from the commissioner
of the premium amount required. The
commissioner shall inform applicants and enrollees of these premium payment
options. Premium payment is required
before enrollment is complete and to maintain eligibility coverage
in MinnesotaCare. Premium payments
received before noon are credited the same day.
Premium payments received after noon are credited on the next working
day.
(d) Nonpayment of the premium
will result in disenrollment from the plan effective for the calendar month
following the month for which the premium was due. Persons disenrolled for nonpayment may not
reenroll prior to the first day of the month following the payment of an amount
equal to two months' premiums one monthly premium.
(e) The commissioner shall
forgive the past-due premium for persons disenrolled under paragraph (d) prior
to issuing a premium invoice for the fourth next month following
disenrollment.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 15. Minnesota Statutes 2024, section 295.52, subdivision 8, is amended to read:
Subd. 8. Contingent reduction in tax rate. (a) By December 1 of each year, beginning in 2011, the commissioner of management and budget shall determine the projected balance in the health care access fund for the biennium.
(b) If the commissioner of
management and budget determines that the projected balance in the health care
access fund for the biennium reflects a ratio of revenues to expenditures and
transfers greater than 125 percent, and if the actual cash balance in the fund
is adequate, as determined by the commissioner of management and budget, the
commissioner, in consultation with the commissioner commissioners
of revenue and human services, shall reduce the tax rates levied under
subdivisions 1, 1a, 2, 3, and 4, for the subsequent calendar year sufficient to
reduce the structural balance in the fund.
The rate may be reduced to the extent that the projected revenues for
the biennium do not exceed 125 percent of expenditures and transfers. The new rate shall be rounded to the nearest
one‑tenth of one percent. The rate
reduction under this paragraph expires at the end of each calendar year and is
subject to an annual redetermination by the commissioner of management and
budget.
(c) For purposes of the analysis defined in paragraph (b), the commissioner of management and budget shall include projected revenues.
Sec. 16. Laws 2025, First Special Session chapter 3, article 8, section 25, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective January 1, 2027 2028, or upon federal approval,
whichever is later. The commissioner of
human services shall notify the revisor of statutes when federal approval is
obtained.
Minnesota Statutes 2024,
section 256B.198, is repealed.
ARTICLE 6
FEDERAL CONFORMITY
Section 1. Minnesota Statutes 2024, section 116J.035, is amended by adding a subdivision to read:
Subd. 9. Disclosure
to the commissioner of human services.
The commissioner may disclose workforce program participation
data gathered under chapter 116L to the commissioner of human services for the
purpose of administering section 256B.0562 without the consent of the subject
of the data.
Sec. 2. Minnesota Statutes 2024, section 256.01, is amended by adding a subdivision to read:
Subd. 46. Health
care eligibility oversight unit. (a)
The commissioner shall establish and maintain a Department of Human Services
health care eligibility oversight unit responsible for collaboration at a
regional level to ensure federal and state Medicaid eligibility requirements
are consistently applied by all processing entities.
(b) The oversight unit must monitor compliance, identify systemic issues, and provide guidance and technical assistance to lead agencies.
(c) The commissioner shall require lead agencies to work directly with the oversight unit on corrective action planning and implementation to achieve compliance and strengthen performance outcomes.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2024, section 256B.04, subdivision 27, is amended to read:
Subd. 27. Disenrollment
under medical assistance and MinnesotaCare.
(a) The commissioner shall regularly obtain and use information
from reliable data sources, including but not limited to managed care and
county-based purchasing plans, state health and human services programs, mail
returned by the United States Postal Service with a forwarding address, and the
National Change of Address database maintained by the United States Postal
Service, to update mailing addresses and other contact information for medical
assistance and MinnesotaCare enrollees in cases of returned mail and
nonresponse using information available through managed care and county‑based
purchasing plans, state health and human services programs, and other sources.
(b) The commissioner shall not disenroll an individual from medical assistance or MinnesotaCare in cases of returned mail until the commissioner makes at least two attempts by phone, email, or other methods to contact the individual. The commissioner may disenroll the individual after providing no less than 30 days for the individual to respond to the most recent contact attempt.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 4. Minnesota Statutes 2024, section 256B.05, subdivision 5, is amended to read:
Subd. 5. Obligation of local agency to process medical assistance applications within established timelines. (a) The local agency must act on an application for medical assistance within ten working days of receipt of all information needed to act on the application but no later than required under Minnesota Rules, part 9505.0090, subparts 2 and 3.
(b) A
local agency must notify the commissioner within five calendar days when the
local agency fails to meet at least 80 percent of the local agency's monthly
application and redetermination deadlines.
Sec. 5. Minnesota Statutes 2024, section 256B.05, is amended by adding a subdivision to read:
Subd. 6. Authority
to intervene. Upon receiving
a notice from a local agency pursuant to subdivision 5, paragraph (b), the
commissioner may provide support to the local agency to timely process the
local agency's outstanding applications and redeterminations.
Sec. 6. Minnesota Statutes 2024, section 256B.056, subdivision 2a, is amended to read:
Subd. 2a. Home equity limit for medical assistance payment of long-term care services. (a) Effective for requests of medical assistance payment of long-term care services filed on or after July 1, 2006, and for renewals on or after July 1, 2006, for persons who received payment of long-term care services under a request filed on or after January 1, 2006, the equity interest in the home of a person whose eligibility for long-term care services is determined on or after January 1, 2006, shall not exceed $500,000, unless it is the lawful residence of the person's spouse or child who is under age 21, or a child of any age who is blind or permanently and totally disabled as defined in the Supplemental Security Income program. The amount specified in this paragraph shall be increased beginning in year 2011, from year to year based on the percentage increase in the Consumer Price Index for all urban consumers (all items; United States city average), rounded to the nearest $1,000.
(b) Effective January 1,
2028, the amount specified in paragraph (a) must not exceed $1,000,000.
(b) (c) For
purposes of this subdivision, a "home" means any real or personal
property interest, including an interest in an agricultural homestead as
defined under section 273.124, subdivision 1, that, at the time of the request
for medical assistance payment of long-term care services, is the primary
dwelling of the person or was the primary dwelling of the person before receipt
of long-term care services began outside of the home.
(c) (d) A
person denied or terminated from medical assistance payment of long-term care
services because the person's home equity exceeds the home equity limit may
seek a waiver based upon a hardship by filing a written request with the county
agency. Hardship is an imminent threat
to the person's health and well-being that is demonstrated by documentation of
no alternatives for payment of long-term care services. The county agency shall make a decision
regarding the written request to waive the home equity limit within 30 days if
all necessary information has been provided.
The county agency shall send the person and the person's representative
a written notice of decision on the request for a demonstrated hardship waiver
that also advises the person of appeal rights under the fair hearing process of
section 256.045.
Sec. 7. Minnesota Statutes 2024, section 256B.056, subdivision 3d, is amended to read:
Subd. 3d. Reduction of excess assets. Assets in excess of the limits in subdivisions 3 to 3c may be reduced to allowable limits as follows:
(a) Assets may be reduced
in any of the three either one or two calendar months before the
month of application in which the applicant seeks coverage, according to the
applicant's retroactive eligibility under section 256B.061 by paying bills
for health services that are incurred in the retroactive period for which the
applicant seeks eligibility, starting with the oldest bill. After assets are reduced to allowable limits,
eligibility begins with the next dollar of MA-covered health services incurred
in the retroactive period. Applicants
reducing assets under this subdivision who also have excess income shall first
spend excess assets to pay health service bills and may meet the income
spenddown on remaining bills.
EFFECTIVE DATE. This
section is effective January 1, 2028.
Sec. 8. Minnesota Statutes 2024, section 256B.056, subdivision 7, is amended to read:
Subd. 7. Period
of eligibility. (a) Except as
provided in paragraphs (b), (c), and (e), medical assistance enrollees are
eligible for 12 months. Until December
31, 2027, eligibility is available for the month of application and for
three months prior to application if the person was eligible in those prior
months. A redetermination of
eligibility must occur every 12 months.
Effective January 1, 2028, eligibility is available for the month of
application and for:
(b) Notwithstanding any
other law to the contrary:
(1) a child under 19
years of age who is determined eligible for medical assistance must remain
eligible for a period of 12 months;
(2) a child 19 years of
age and older but under 21 years of age who is determined eligible for medical
assistance must remain eligible for a period of 12 months; and
(1) one month prior to
application for an individual described in paragraph (e) if the individual was
eligible for medical assistance in the prior month; or
(2) two months prior to
application for all other individuals eligible for medical assistance if the
individual was eligible in those prior months.
(3) (b) A
child under six years of age who is determined eligible for medical assistance
must remain eligible through the month in which the child reaches six years of
age.
(c) A child's eligibility under paragraph (b) may be terminated earlier if:
(1) the child or the child's representative requests voluntary termination of eligibility;
(2) the child ceases to be a resident of this state;
(3) the child dies;
(4) the child attains the maximum age; or
(5) the agency determines eligibility was erroneously granted at the most recent eligibility determination due to agency error or fraud, abuse, or perjury attributed to the child or the child's representative.
(d) For a person an
individual eligible for an insurance affordability program as defined in
section 256B.02, subdivision 19, who reports a change that makes the person
individual eligible for medical assistance, eligibility is available for
the month the change was reported and for three months prior to the month
the change was reported, if the person was eligible in those prior months.:
(1)
until December 31, 2027, for three months prior to the month the change was
reported; and
(2) effective January 1,
2028, for:
(i) one month prior to
the month the change was reported for an individual described in paragraph (e);
or
(ii) two months prior to
the month the change was reported for all other individuals eligible for
medical assistance if the individual was eligible in the prior month or months.
(e) The period of
eligibility for a person subject to six-month eligibility redeterminations
under Public Law 119‑21, section 71107, is six months.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 9. Minnesota Statutes 2024, section 256B.056, subdivision 7a, is amended to read:
Subd. 7a. Periodic renewal of eligibility. (a) Except as provided in paragraphs (d) and (e), the commissioner shall make an annual redetermination of eligibility based on information contained in the enrollee's case file and other information available to the agency, including but not limited to information accessed through an electronic database, without requiring the enrollee to submit any information when sufficient data is available for the agency to renew eligibility.
(b) If the commissioner cannot renew eligibility in accordance with paragraph (a), the commissioner must provide the enrollee with a prepopulated renewal form containing eligibility information available to the agency and permit the enrollee to submit the form with any corrections or additional information to the agency and sign the renewal form via any of the modes of submission specified in section 256B.04, subdivision 18.
(c) An enrollee who is terminated for failure to complete the renewal process may subsequently submit the renewal form and required information within four months after the date of termination and have coverage reinstated without a lapse, if otherwise eligible under this chapter. The local agency may close the enrollee's case file if the required information is not submitted within four months of termination.
(d) Notwithstanding
paragraph (a), A person who is eligible under subdivision 5 shall be
is subject to a review of the person's income every six months.
(e) A person subject to
six-month eligibility redeterminations under Public Law 119-21, section 71107,
is subject to a redetermination of eligibility every six months.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 10. Minnesota Statutes 2024, section 256B.0561, subdivision 2, is amended to read:
Subd. 2. Periodic data matching. (a) The commissioner shall conduct periodic data matching to identify recipients who, based on available electronic data, may not meet eligibility criteria for the public health care program in which the recipient is enrolled. The commissioner shall conduct data matching for medical assistance or MinnesotaCare recipients at least once during a recipient's 12-month period of eligibility, except as provided in paragraph (f).
(b) If data matching indicates a recipient may no longer qualify for medical assistance or MinnesotaCare, the commissioner must notify the recipient and allow the recipient no more than 30 days to confirm the information obtained through the periodic data matching or provide a reasonable explanation for the discrepancy to the state or
(c) The commissioner shall not terminate eligibility for a recipient who is cooperating with the requirements of paragraph (b) and needs additional time to provide information in response to the notification.
(d) A recipient whose eligibility was terminated according to paragraph (b) may be eligible for medical assistance no earlier than the first day of the month in which the recipient provides information that demonstrates the recipient's eligibility.
(e) Any termination of eligibility for benefits under this section may be appealed as provided for in sections 256.045 to 256.0451, and the laws governing the health care programs for which eligibility is terminated.
(f) Effective January 1,
2027, a person subject to six-month eligibility redeterminations under Public
Law 119‑21, section 71107, is exempt from periodic data matching under this
subdivision.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 11. [256B.0562]
WORK OR COMMUNITY ENGAGEMENT REQUIREMENTS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Applicable individual" has the meaning given in Public Law 119-21, section 71119, paragraph (9).
(c) "Short-term
hardship event" means an event in which a person:
(1) receives inpatient
hospital or nursing facility services, services in an intermediate care
facility for individuals with intellectual disabilities, inpatient psychiatric
hospital services, or other services of similar acuity;
(2) resides in a county
in which there is an emergency or disaster declared by the President of the
United States pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act;
(3) resides in a county that has an unemployment rate at or above the lesser of:
(i) eight percent; or
(ii) 1.5 times the
national unemployment rate; or
(4) must travel, or the
person's dependent must travel, outside of the person's community for an
extended period of time to receive medical services that are not available
within the community of residence necessary to treat a serious or complex
medical condition of the person or the person's dependent.
Subd. 2. Application. To be eligible for medical assistance,
an applicable individual applying for medical assistance must either
demonstrate work or community engagement or meet an exemption in accordance
with Public Law 119-21, section 71119, for the month immediately preceding the
month during which the person submits an application for medical assistance.
Subd. 3. Renewal
requirement. (a) To renew
eligibility, an applicable individual must either demonstrate work or community
engagement or meet an exemption in accordance with Public Law 119-21, section
71119, for at least one month during the person's previous period of
eligibility.
(b) The commissioner
must notify an applicable individual of the renewal requirement in paragraph
(a) at least 75 days prior to the individual's renewal date.
Subd. 4. Short-term
hardship events. A person is
deemed to have met the requirement to demonstrate work or community engagement
for a given month under subdivisions 2 and 3 if (1) the person experiences a
short-term hardship event for part or all of that month, and (2) for purposes
of a short-term hardship described in subdivision 1, paragraph (c), clause (1)
or (4), the person submits a request to the commissioner.
Subd. 5. Noncompliance
procedure. Before denying or
terminating medical assistance eligibility for failure to demonstrate work or
community engagement or meet an exemption, the commissioner must comply with
the procedures in the case of noncompliance set forth in Public Law 119-21,
section 71119, paragraph (6).
Subd. 6. Interpretation
of federal law. (a) In all
cases where an obligation imposed on the commissioner under Public Law 119-21,
section 71119, is materially ambiguous, the commissioner must construe the
ambiguity in the light most favorable to the applicant, enrollee, or
disenrollee, as applicable. For purposes
of this subdivision, an obligation on the commissioner includes but is not
limited to an obligation respecting the following:
(1) enrollee notice and
outreach;
(2) demonstration of
work or community engagement;
(3) medical frailty;
(4) fair hearing rights;
(5) the provision of
medical assistance benefits or coverage;
(6) submission
documentation, including self-attestations of eligibility or exemption;
(7) eligibility or
termination determinations;
(8) short-term hardship
requests; and
(9) timing.
(b) Paragraph (a) does
not require the commissioner to take any action that the commissioner
determines:
(1) is more likely than
not to result in a loss of federal financial participation;
(2) would be clearly
impractical, absurd, or unreasonably detrimental to the medical assistance
program or another insurance affordability program; or
(3) relies on an
unreasonable interpretation of federal law.
(c) Prior to the
interpretation of an ambiguity under paragraph (a), the commissioner must, in
order to determine the reasonable interpretation of the applicable federal law
most favorable to an applicant, enrollee, or disenrollee:
(1)
consult with the health care eligibility oversight unit established in section
256.01;
(2) consult with the
chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services finance and policy; and
(3) take best efforts to
consult with, and receive guidance from, the Centers for Medicare and Medicaid
Services.
Subd. 7. Expedited
rulemaking authority. The
commissioner may adopt rules necessary to implement and administer this section
using the expedited rulemaking process under section 14.389. The 18-month time limit under section 14.125
does not apply to the rulemaking authority under this subdivision.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 12. [256B.0563]
REVIEW OF DEATH MASTER FILE.
Subdivision 1. Definition. For purposes of this section,
"death master file" means information about deceased individuals
maintained by the Social Security Administration under United States Code,
title 42, section 1306c(d), or any successor system.
Subd. 2. Review
of the death master file. (a)
Beginning January 1, 2027, the commissioner must review the death master file
at least quarterly to identify any medical assistance recipients who are
deceased.
(b) If review of the
death master file or any other source indicates that a recipient is deceased,
the commissioner must:
(1) terminate the
recipient's eligibility for medical assistance in the manner provided for by
the laws and regulations governing medical assistance;
(2) notify the recipient
and the recipient's representative no later than the date of the termination;
and
(3) discontinue any
payments to providers under this chapter made on behalf of the recipient as of
the date of the termination.
(c) If the commissioner
determines that a recipient was misidentified as deceased and erroneously
disenrolled from medical assistance based on information obtained from the
death master file or any other source, the commissioner must immediately
re-enroll the individual in medical assistance retroactive to the date of
termination under paragraph (b).
Subd. 3. Review
of other sources. Nothing in
this section prevents the commissioner from reviewing other sources to identify
recipients of medical assistance who are deceased, provided the commissioner is
in compliance with this section and all other requirements under this chapter
related to medical assistance eligibility determination and redetermination.
Sec. 13. Minnesota Statutes 2024, section 256B.06, subdivision 4, is amended to read:
Subd. 4. Citizenship
requirements. (a) Except as
provided in paragraph (c), eligibility for medical assistance is limited to
citizens and nationals of the United States, qualified noncitizens as
defined in this subdivision, and other persons residing lawfully in the United
States and noncitizens who are eligible for coverage with federal
financial participation provided by Medicaid or the Children's Health Insurance
Program. Noncitizens who are
eligible for federal financial participation include but are not limited to:
(1)
children and pregnant women who are lawfully residing in the United States as
provided by section 214 of the federal Children's Health Insurance Program
Reauthorization Act of 2009, Public Law 111-3, and who otherwise meet
eligibility requirements of this chapter; and
(2) pregnant noncitizens
who are ineligible for federal financial participation because of immigration
status; who are not covered by a group health plan or health insurance coverage
according to Code of Federal Regulations, title 42, section 457.310; and who
otherwise meet the eligibility requirements of this chapter. These individuals are eligible for medical
assistance through the period of pregnancy, including labor and delivery, and
12 months postpartum.
(b) Citizens or nationals of the United States must cooperate in obtaining satisfactory documentary evidence of citizenship or nationality according to the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
(c) Beginning October 1,
2003, persons who are receiving care and rehabilitation services from a
nonprofit center established to serve victims of torture and who are otherwise
ineligible for medical assistance under this chapter are eligible for medical assistance
without federal financial participation.
These individuals are eligible only for the period during which they are
receiving services from the center. Individuals
eligible under this paragraph are not required to participate in prepaid
medical assistance. The nonprofit center
referenced in this paragraph may establish itself as a provider of mental
health targeted case management services through a county contract under
section 256.0112, subdivision 6. If the
nonprofit center is unable to secure a contract with a lead county in its
service area, then, notwithstanding the requirements of section 256B.0625,
subdivision 20, the commissioner may negotiate a contract with the nonprofit
center for provision of mental health targeted case management services. When serving clients who are not the
financial responsibility of their contracted lead county, the nonprofit center
must gain the concurrence of the county of financial responsibility prior to
providing mental health targeted case management services for those clients.
(b) "Qualified
noncitizen" means a person who meets one of the following immigration
criteria:
(1) admitted for lawful
permanent residence according to United States Code, title 8;
(2) admitted to the
United States as a refugee according to United States Code, title 8, section
1157;
(3) granted asylum
according to United States Code, title 8, section 1158;
(4) granted withholding
of deportation according to United States Code, title 8, section 1253(h);
(5) paroled for a period
of at least one year according to United States Code, title 8, section
1182(d)(5);
(6) granted conditional
entrant status according to United States Code, title 8, section 1153(a)(7);
(7) determined to be a
battered noncitizen by the United States Attorney General according to the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V of
the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a
noncitizen determined to be a battered noncitizen by the United States Attorney
General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations
Bill, Public Law 104-200; or
(9) determined to be a
Cuban or Haitian entrant as defined in section 501(e) of Public Law 96-422, the
Refugee Education Assistance Act of 1980.
(c)
All qualified noncitizens who were residing in the United States before August
22, 1996, who otherwise meet the eligibility requirements of this chapter, are
eligible for medical assistance with federal financial participation.
(d) Beginning December
1, 1996, qualified noncitizens who entered the United States on or after August
22, 1996, and who otherwise meet the eligibility requirements of this chapter
are eligible for medical assistance with federal participation for five years
if they meet one of the following criteria:
(1) refugees admitted to
the United States according to United States Code, title 8, section 1157;
(2) persons granted
asylum according to United States Code, title 8, section 1158;
(3) persons granted
withholding of deportation according to United States Code, title 8, section
1253(h);
(4) veterans of the
United States armed forces with an honorable discharge for a reason other than
noncitizen status, their spouses and unmarried minor dependent children; or
(5) persons on active
duty in the United States armed forces, other than for training, their spouses
and unmarried minor dependent children.
Beginning July 1, 2010,
children and pregnant women who are noncitizens described in paragraph (b) or
who are lawfully present in the United States as defined in Code of Federal
Regulations, title 8, section 103.12, and who otherwise meet eligibility requirements
of this chapter, are eligible for medical assistance with federal financial
participation as provided by the federal Children's Health Insurance Program
Reauthorization Act of 2009, Public Law 111-3.
(e) (d) Nonimmigrants
who otherwise meet the eligibility requirements of this chapter are eligible
for the benefits as provided in paragraphs (f) (e) to (h) (g). For purposes of this subdivision, a
"nonimmigrant" is a person in one of the classes listed in United
States Code, title 8, section 1101(a)(15).
(f) (e) Payment
shall also be made for care and services that are furnished to noncitizens,
regardless of immigration status, who otherwise meet the eligibility
requirements of this chapter, if such care and services are necessary for the
treatment of an emergency medical condition.
(g) (f) For
purposes of this subdivision, the term "emergency medical condition"
means a medical condition that meets the requirements of United States Code,
title 42, section 1396b(v).
(h) (g) (1)
Notwithstanding paragraph (g) (f), services that are necessary
for the treatment of an emergency medical condition are limited to the
following:
(i) services delivered in an emergency room or by an ambulance service licensed under chapter 144E that are directly related to the treatment of an emergency medical condition;
(ii) services delivered in an inpatient hospital setting following admission from an emergency room or clinic for an acute emergency condition; and
(iii) follow-up services that are directly related to the original service provided to treat the emergency medical condition and are covered by the global payment made to the provider.
(2) Services for the treatment of emergency medical conditions do not include:
(i) services delivered in an emergency room or inpatient setting to treat a nonemergency condition;
(iii) services for routine prenatal care;
(iv) continuing care, including long-term care, nursing facility services, home health care, adult day care, day training, or supportive living services;
(v) elective surgery;
(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as part of an emergency room visit;
(vii) preventative health care and family planning services;
(viii) rehabilitation services;
(ix) physical, occupational, or speech therapy;
(x) transportation services;
(xi) case management;
(xii) prosthetics, orthotics, durable medical equipment, or medical supplies;
(xiii) dental services;
(xiv) hospice care;
(xv) audiology services and hearing aids;
(xvi) podiatry services;
(xvii) chiropractic services;
(xviii) immunizations;
(xix) vision services and eyeglasses;
(xx) waiver services;
(xxi) individualized education programs; or
(xxii) substance use disorder treatment.
(i) Pregnant noncitizens
who are ineligible for federally funded medical assistance because of
immigration status, are not covered by a group health plan or health insurance
coverage according to Code of Federal Regulations, title 42, section 457.310,
and who otherwise meet the eligibility requirements of this chapter, are
eligible for medical assistance through the period of pregnancy, including
labor and delivery, and 12 months postpartum.
(j)
Beginning October 1, 2003, persons who are receiving care and rehabilitation
services from a nonprofit center established to serve victims of torture and
are otherwise ineligible for medical assistance under this chapter are eligible
for medical assistance without federal financial participation. These individuals are eligible only for the
period during which they are receiving services from the center. Individuals eligible under this paragraph
shall not be required to participate in prepaid medical assistance. The nonprofit center referenced under this
paragraph may establish itself as a provider of mental health targeted case
management services through a county contract under section 256.0112,
subdivision 6. If the nonprofit center
is unable to secure a contract with a lead county in its service area, then,
notwithstanding the requirements of section 256B.0625, subdivision 20, the
commissioner may negotiate a contract with the nonprofit center for provision of
mental health targeted case management services. When serving clients who are not the
financial responsibility of their contracted lead county, the nonprofit center
must gain the concurrence of the county of financial responsibility prior to
providing mental health targeted case management services for those clients.
(k) (h) Notwithstanding
paragraph (h) (g), clause (2), the following services are covered
as emergency medical conditions under paragraph (f) (e) except
where coverage is prohibited under federal law for services under clauses (1)
and (2):
(1) dialysis services provided in a hospital or freestanding dialysis facility;
(2) surgery and the administration of chemotherapy, radiation, and related services necessary to treat cancer if the recipient has a cancer diagnosis that is not in remission and requires surgery, chemotherapy, or radiation treatment; and
(3) kidney transplant if the person has been diagnosed with end stage renal disease, is currently receiving dialysis services, and is a potential candidate for a kidney transplant.
(l) (i) Effective
July 1, 2013, recipients of emergency medical assistance under this subdivision
are eligible for coverage of the elderly waiver services provided under chapter
256S, and coverage of rehabilitative services provided in a nursing facility. The age limit for elderly waiver services
does not apply. In order to qualify for
coverage, a recipient of emergency medical assistance is subject to the
assessment and reassessment requirements of section 256B.0911. Initial and continued enrollment under this
paragraph is subject to the limits of available funding.
Sec. 14. Minnesota Statutes 2024, section 256B.061, is amended to read:
256B.061 ELIGIBILITY; RETROACTIVE EFFECT; RESTRICTIONS.
(a) If any individual
has been determined to be eligible for medical assistance and is subject to
six-month eligibility redeterminations under Public Law 119-21, section 71107,
it medical assistance will be made available for care and
services included under the plan and furnished in or after the third first
month before the month in which the individual made application for such
assistance, if such individual was, or upon application would have been,
eligible for medical assistance at the time the care and services were
furnished.
(b) If any individual has
been determined to be eligible for medical assistance and is not subject to
six-month eligibility redeterminations under Public Law 119-21, section 71107,
medical assistance will be made available for care and services included under
the plan and furnished in or after the second month before the month in which
the individual made application for such assistance if such individual was, or
upon application would have been, eligible for medical assistance at the time
the care and services were furnished.
(c) The commissioner may limit, restrict, or suspend the eligibility of an individual for up to one year upon that individual's conviction of a criminal offense related to application for or receipt of medical assistance benefits.
EFFECTIVE
DATE. This section is
effective January 1, 2028.
Subd. 1a. Prohibition
on cost-sharing and deductibles. Effective
January 1, 2024 Except for recipients eligible under section 256B.055,
subdivision 15, the medical assistance benefit plan must not include
cost-sharing or deductibles for any medical assistance recipient or benefit.
Sec. 16. Minnesota Statutes 2024, section 256B.0631, is amended by adding a subdivision to read:
Subd. 5. Cost sharing. (a) Effective for services provided on or after October 1, 2028, except as provided in subdivision 6, the medical assistance benefit plan includes the following cost sharing for recipients eligible under section 256B.055, subdivision 15, with income above 100 percent of the federal poverty level:
(1) $3 per nonpreventive visit, except as provided in paragraph (c). For purposes of this subdivision, a visit means an episode of service that is required because of a recipient's symptoms, diagnosis, or established illness, and that is delivered in an ambulatory setting by a physician or physician assistant, chiropractor, podiatrist, nurse midwife, advanced practice nurse, audiologist, optician, or optometrist;
(2) $3.50 for
nonemergency visits to a hospital-based emergency room; and
(3) $3 per brand-name
drug prescription, $1 per generic drug prescription, and $1 per prescription
for a brand‑name multisource drug listed in preferred status on the preferred
drug list, subject to a $12 maximum per month for prescription drug co-payments. No co-payments shall apply to antipsychotic
drugs when used for the treatment of mental illness.
(b) Cost sharing for
prescription drugs and related medical supplies to treat chronic disease must
comply with the requirements of section 62Q.481.
(c) A person eligible for
medical assistance under section 256B.055, subdivision 15, is responsible for
all co‑payments and deductibles in this subdivision.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 17. Minnesota Statutes 2024, section 256B.0631, is amended by adding a subdivision to read:
Subd. 6. Exceptions. Co-payments and deductibles are subject to the exceptions and limits required by Public Law 119-21, section 71120.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 18. Minnesota Statutes 2024, section 256B.0631, is amended by adding a subdivision to read:
Subd. 7. Collection. (a) The medical assistance reimbursement to the provider must be reduced by the amount of the co-payment or deductible, except that reimbursements must not be reduced:
(1) once a recipient has reached the $12 maximum per month for prescription drug co-payments; or
(2) for a recipient who has met the recipient's monthly five percent cost-sharing limit.
(b) The provider collects
the co-payment or deductible from the recipient. Providers must not deny services to
recipients who are unable to pay the co-payment or deductible.
EFFECTIVE
DATE. This section is
effective January 1, 2027.
Subdivision 1. Use of data. (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05. A subpoena is not considered a district court order. These data may be disseminated to and used by the following agencies without the consent of the subject of the data:
(1) state and federal agencies specifically authorized access to the data by state or federal law;
(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in accordance with section 518A.83;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;
(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry, the Department of Commerce, and the Bureau of Criminal Apprehension for uses consistent with the administration of their duties under Minnesota law;
(9) the Department of Human Services and the Office of Inspector General and its agents within the Department of Human Services, including county fraud investigators, for investigations related to recipient or provider fraud and employees of providers when the provider is suspected of committing public assistance fraud;
(10) the Department of
Human Services for the purpose of evaluating medical assistance services and,
supporting program improvement, and administering section 256B.0562;
(11) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department or to monitor and evaluate the statewide Minnesota family investment program and other cash assistance programs, the Supplemental Nutrition Assistance Program, and the Supplemental Nutrition Assistance Program Employment and Training program by providing data on recipients and former recipients of Supplemental Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 142E, or medical programs under chapter 256B or 256L or formerly codified under chapter 256D;
(12) local and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;
(13) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;
(15) the Department of Health for the purposes of epidemiologic investigations;
(16) the Department of Corrections for the purposes of case planning and internal research for preprobation, probation, and postprobation employment tracking of offenders sentenced to probation and preconfinement and postconfinement employment tracking of committed offenders;
(17) the state auditor to the extent necessary to conduct audits of job opportunity building zones as required under section 469.3201;
(18) the Office of Higher Education for purposes of supporting program improvement, system evaluation, and research initiatives including the Statewide Longitudinal Education Data System;
(19) the Family and Medical Benefits Division of the Department of Employment and Economic Development to be used as necessary to administer chapter 268B; and
(20) the executive director or interim executive director of the Minnesota Secure Choice Retirement Program established under chapter 187 for the purposes of assisting with communication with employers and to verify employer compliance with chapter 187.
(b) Data on individuals and employers that are collected, maintained, or used by the department in an investigation under section 268.182 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.
Sec. 20. DIRECTION
TO COMMISSIONER OF HUMAN SERVICES; NOTIFICATION TO MEDICAL ASSISTANCE
RECIPIENTS.
By October 1, 2026, the
commissioner of human services must notify medical assistance recipients who
are enrolled under Minnesota Statutes, section 256B.055, subdivision 15, that
they may be eligible for medical assistance under a disability determination. The notification must include information
about how the recipient can request a determination of disability and an
explanation about the changes to medical assistance eligibility that go into
effect January 1, 2027.
ARTICLE 7
MEDICAL ASSISTANCE FRAUD PREVENTION
Section 1. Minnesota Statutes 2024, section 8.16, subdivision 1, is amended to read:
Subdivision 1. Authority. (a) The attorney general, or any
deputy, assistant, or special assistant attorney general whom the attorney
general authorizes in writing, has the authority in any county of the state to
subpoena and require the production of:
(1) any records of: (i)
telephone companies, cellular phone companies, and paging companies,;
(ii) subscribers of private computer networks, including Internet
service providers or computer bulletin
(b) Subpoenas may only be issued for records that are relevant to an ongoing legitimate law enforcement investigation.
Sec. 2. Minnesota Statutes 2025 Supplement, section 256B.12, is amended to read:
256B.12 LEGAL REPRESENTATION.
The attorney general or the
appropriate county attorney appearing at the direction of the attorney general
shall be the attorney for the state agency, and the county attorney of the
appropriate county shall be the attorney for the county agency in all matters
pertaining hereto. To prosecute under
this chapter or sections 609.466 609.467; 609.52, subdivision 2;
and 609.542 or to recover payments wrongfully made under this chapter, the
attorney general or the appropriate county attorney, acting independently or at
the direction of the attorney general may institute a criminal or civil action.
Sec. 3. [609.467]
MEDICAL ASSISTANCE FRAUD.
Subdivision 1. Medical
assistance fraud prohibited. A
person who does any of the following is guilty of medical assistance fraud and
may be sentenced as provided in subdivision 2:
(1) acting with intent
to defraud, executes or participates in, or attempts or conspires to execute or
participate in, a scheme or artifice to obtain, by means of any false or
fraudulent pretenses, representations, or promises, or concealment of any material
fact, any money or credits relating to the payment of medical assistance funds
under chapter 256B;
(2) acting with intent
to defraud, presents, submits, tenders, offers, or participates in, or attempts
or conspires to execute or participate in, the preparation of a claim for
payment, claim for reimbursement, cost report, or rate application, knowing or
having reason to know that any part of the claim, report, or application is
ineligible for payment or reimbursement;
(3) acting with intent
to defraud, knowingly provides false information or intentionally omits
material information as part of any enrollment application, provider agreement,
or ownership and management disclosure required by any state or federal law as a
medical assistance provider under chapter 245A or 256B;
(4) owns, operates,
manages, or exercises control over any entity receiving medical assistance
money, while knowing or having reason to know that the person has been
suspended or prohibited from enrolling as a medical assistance provider by any
state agency or under any state law or is excluded or prohibited from enrolling
as a medical assistance provider by any federal agency or under any federal
law;
(5)
knowingly and intentionally permits another person to own, operate, manage, or
exercise control over any entity receiving medical assistance money, while
knowing or having reason to know the other person is suspended or prohibited
from enrolling as a medical assistance provider by any state agency or under
any state law or is excluded or prohibited
from enrolling as a medical assistance provider by any federal agency or under
any federal law;
(6) falsely makes or
alters any record relating to the delivery of medical assistance services so
that the record purports to have been made by another person or by the maker or
alterer under an assumed or fictitious name, or at another time, or with different
provisions, or by the authority of a person who did not give such authority;
(7) acting with intent to
defraud, presents, submits, tenders, offers, or participates in, or attempts or
conspires to participate in, the preparation of a claim for reimbursement for
personal care assistance services under section 256B.0659 or community first
services and supports under section 256B.85, knowing or having reason to know
that required conditions for payment under chapter 256B were not met, including
applicable service authorization, service delivery plan, documentation,
training, supervision, evaluation, or other program requirements; or
(8) after receiving a
lawful request for records by any state agency or law enforcement agency,
intentionally destroys, or attempts or conspires to destroy, medical, health
care, and financial records required to be maintained under chapter 245A or
256B or rules adopted pursuant to those chapters.
Subd. 2. Penalties. (a) A person who is convicted under
subdivision 1 may be sentenced to imprisonment for not more than ten years or
to payment of not more than $20,000, or both.
(b) A person who is
convicted under subdivision 1 may be sentenced to imprisonment for not more
than 20 years or to payment of not more than $100,000, or both, if the
violation causes a loss to any victim in an aggregate amount of more than
$100,000, but not more than $1,000,000.
(c) A person who is
convicted under subdivision 1 may be sentenced to imprisonment for not more
than 30 years or to payment of not more than $1,000,000, or both, if the
violation causes a loss to any victim in an aggregate amount of more than
$1,000,000.
Subd. 3. Failure
to keep or maintain medical assistance records. A person who submits a claim for
reimbursement, claim for payment, claim for reimbursement cost report, or rate
application and knowingly and intentionally fails to maintain medical, health
care, and financial records as required under chapter 245A or 256B or rules
adopted pursuant to those chapters is guilty of a gross misdemeanor.
Subd. 4. Continuing
offense. For purposes of
calculating the statute of limitations identified in section 628.26, any
violation of subdivision 1 or 3 is a continuing offense. Any violation of subdivision 1 or 3 extends
to any act committed during the course of the scheme, conspiracy, or conduct
and is within the statute of limitations identified in section 628.26 so long
as any part of the continuing scheme, conspiracy, or conduct comprising a
violation occurred within the identified statute of limitations.
Subd. 5. Venue. Notwithstanding anything to the
contrary in section 627.01, a violation of this section may be prosecuted in:
(1) the county where any
part of the offense occurred; or
(2) the county where the
entity that received a claim for payment, claim for reimbursement, cost report,
or rate application is located.
Subd. 6. Restitution. The court may order a person convicted
of violating this section to pay restitution for any costs, expenses, or losses
resulting from the crime and for costs, expenses, or losses resulting from
similar conduct that was related to the offense but was not charged. The court may order restitution for similar
conduct that was related to the offense if the related conduct occurred within
the applicable statute of limitations and the prosecutor
provides
notice of intent to seek restitution for that conduct at least five business
days before the sentencing hearing. The
offender may challenge restitution as provided in section 611A.045, subdivision
3. A dispute as to whether restitution
is for similar conduct that was related to the offense must be resolved by the
court by the preponderance of the evidence.
The burden of demonstrating that the court may order restitution for any
cost, expense, or loss described in this subdivision is on the prosecution.
EFFECTIVE DATE. This
section is effective August 1, 2026, and applies to crimes committed on or
after that date.
Sec. 4. Minnesota Statutes 2024, section 609.52, subdivision 2, is amended to read:
Subd. 2. Acts constituting theft. (a) Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:
(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property; or
(2) with or without having a legal interest in movable property, intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property; or
(3) obtains for the actor or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes without limitation:
(i) the issuance of a check, draft, or order for the payment of money, except a forged check as defined in section 609.631, or the delivery of property knowing that the actor is not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; or
(ii) a promise made with intent not to perform. Failure to perform is not evidence of intent not to perform unless corroborated by other substantial evidence; or
(iii) the preparation or
filing of a claim for reimbursement, a rate application, or a cost report used
to establish a rate or claim for payment for medical care provided to a
recipient of medical assistance under chapter 256B, which intentionally
and falsely states the costs of or actual services provided by a vendor of
medical care; or
(iv) (iii) the
preparation or filing of a claim for reimbursement for providing treatment or
supplies required to be furnished to an employee under section 176.135 which
intentionally and falsely states the costs of or actual treatment or supplies
provided; or
(v) (iv) the
preparation or filing of a claim for reimbursement for providing treatment or
supplies required to be furnished to an employee under section 176.135 for
treatment or supplies that the provider knew were medically unnecessary,
inappropriate, or excessive; or
(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person; or
(5) intentionally commits any of the acts listed in this subdivision but with intent to exercise temporary control only and:
(i) the control exercised manifests an indifference to the rights of the owner or the restoration of the property to the owner; or
(iii) the actor intends to restore the property only on condition that the owner pay a reward or buy back or make other compensation; or
(6) finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to the finder's own use or to that of another not entitled thereto without first having made reasonable effort to find the owner and offer and surrender the property to the owner; or
(7) intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner; or
(8) intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the actor's own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the actor's own use or that of another person. It shall be a complete defense to any prosecution under this clause for the defendant to show that information comprising the trade secret was rightfully known or available to the defendant from a source other than the owner of the trade secret; or
(9) leases or rents personal property under a written instrument and who:
(i) with intent to place the property beyond the control of the lessor conceals or aids or abets the concealment of the property or any part thereof; or
(ii) sells, conveys, or encumbers the property or any part thereof without the written consent of the lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is subject to such lease or rental contract with intent to deprive the lessor of possession thereof; or
(iii) does not return the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the property; or
(iv) returns the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges.
For the purposes of items (iii) and (iv), the value of the property must be at least $100.
Evidence that a lessee used a false, fictitious, or not current name, address, or place of employment in obtaining the property or fails or refuses to return the property or pay the rental contract charges to lessor within five days after written demand for the return has been served personally in the manner provided for service of process of a civil action or sent by certified mail to the last known address of the lessee, whichever shall occur later, shall be evidence of intent to violate this clause. Service by certified mail shall be deemed to be complete upon deposit in the United States mail of such demand, postpaid and addressed to the person at the address for the person set forth in the lease or rental agreement, or, in the absence of the address, to the person's last known place of residence; or
(10) alters, removes, or obliterates numbers or symbols placed on movable property for purpose of identification by the owner or person who has legal custody or right to possession thereof with the intent to prevent identification, if the person who alters, removes, or obliterates the numbers or symbols is not the owner and does not have the permission of the owner to make the alteration, removal, or obliteration; or
(12) intentionally deprives another of a lawful charge for cable television service by:
(i) making or using or attempting to make or use an unauthorized external connection outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or other connection; or by
(ii) attaching any unauthorized device to any cable, wire, microwave, or other component of a licensed cable communications system as defined in chapter 238. Nothing herein shall be construed to prohibit the electronic video rerecording of program material transmitted on the cable communications system by a subscriber for fair use as defined by Public Law 94-553, section 107; or
(13) except as provided in clauses (12) and (14), obtains the services of another with the intention of receiving those services without making the agreed or reasonably expected payment of money or other consideration; or
(14) intentionally deprives another of a lawful charge for telecommunications service by:
(i) making, using, or attempting to make or use an unauthorized connection whether physical, electrical, by wire, microwave, radio, or other means to a component of a local telecommunication system as provided in chapter 237; or
(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other component of a local telecommunication system as provided in chapter 237.
The existence of an unauthorized connection is prima facie evidence that the occupier of the premises:
(A) made or was aware of the connection; and
(B) was aware that the connection was unauthorized;
(15) with intent to defraud, diverts corporate property other than in accordance with general business purposes or for purposes other than those specified in the corporation's articles of incorporation; or
(16) with intent to defraud, authorizes or causes a corporation to make a distribution in violation of section 302A.551, or any other state law in conformity with it; or
(17) takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent; or
(18) intentionally, and without claim of right, takes motor fuel from a retailer without the retailer's consent and with intent to deprive the retailer permanently of possession of the fuel by driving a motor vehicle from the premises of the retailer without having paid for the fuel dispensed into the vehicle; or
(19) commits wage theft under subdivision 1, clause (13).
(b) Proof that the driver of a motor vehicle into which motor fuel was dispensed drove the vehicle from the premises of the retailer without having paid for the fuel permits the factfinder to infer that the driver acted intentionally and without claim of right, and that the driver intended to deprive the retailer permanently of possession of the fuel. This paragraph does not apply if: (1) payment has been made to the retailer within 30 days of the receipt of notice of nonpayment under section 604.15; or (2) a written notice as described in section 604.15, subdivision 4, disputing the retailer's claim, has been sent. This paragraph does not apply to the owner of a motor vehicle if the vehicle or the vehicle's license plate has been reported stolen before the theft of the fuel.
EFFECTIVE DATE. This section is effective August 1, 2026, and
applies to crimes committed on or after that date.
Subd. 4. Criminal
act. "Criminal act" means
conduct constituting, or a conspiracy or attempt to commit, a felony violation
of chapter 152, or a felony violation of section 299F.79; 299F.80; 299F.82;
609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231;
609.228; 609.235; 609.245; 609.25; 609.27; 609.322; 609.342; 609.343; 609.344;
609.345; 609.42; 609.467; 609.48; 609.485; 609.495; 609.496; 609.497;
609.498; 609.52, subdivision 2, if the offense is punishable under subdivision
3, clause (1), if the property is a firearm, clause (3)(b), or clause
(3)(d)(v); section 609.52, subdivision 2, paragraph (a), clause (1) or (4);
609.527, if the crime is punishable under subdivision 3, clause (4); 609.528,
if the crime is punishable under subdivision 3, clause (4); 609.53; 609.561;
609.562; 609.582, subdivision 1 or 2; 609.668, subdivision 6, paragraph (a);
609.67; 609.687; 609.713; 609.86; 609.894, subdivision 3 or 4; 609.895;
624.713; 624.7191; or 626A.02, subdivision 1, if the offense is punishable
under section 626A.02, subdivision 4, paragraph (a). "Criminal act" also includes
conduct constituting, or a conspiracy or attempt to commit, a felony violation
of section 609.52, subdivision 2, clause (3), (4), (15), or (16), if the
violation involves an insurance company as defined in section 60A.02,
subdivision 4, a nonprofit health service plan corporation regulated under
chapter 62C, a health maintenance organization regulated under chapter 62D, or
a fraternal benefit society regulated under chapter 64B, or any state agency.
Sec. 6. Minnesota Statutes 2025 Supplement, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for a violation of section 609.561 shall be found or made and filed in the proper court within ten years after the commission of the offense.
(g) Indictments or
complaints for violation of sections 609.466 609.467 and 609.52,
subdivision 2, paragraph (a), clause (3), item (iii), shall be found or made
and filed in the proper court within six years after the commission of the
offense.
(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, or for violation of section 609.527 where the offense involves eight or more direct victims or the total combined loss to the direct and indirect victims is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of sections 609.562 and 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.
(k) Indictments or complaints for violation of section 609.746 shall be found or made and filed in the proper court within the later of three years after the commission of the offense or three years after the offense was reported to law enforcement authorities.
(l) In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.
(m) The limitations periods contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.
(n) The limitations periods contained in this section for an offense shall not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.
(o) The limitations periods contained in this section shall not include any period of time during which physical evidence relating to the offense was undergoing DNA analysis, as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.
Sec. 7. REPEALER.
Minnesota Statutes 2024,
section 609.466, is repealed.
ARTICLE 8
MEDICAL ASSISTANCE FRAUD PREVENTION CONFORMING CHANGES
Section 1. Minnesota Statutes 2025 Supplement, section 145A.061, subdivision 3, is amended to read:
Subd. 3. Denial of service. The commissioner may deny an application from any applicant who has been convicted of any of the following crimes:
Section 609.185 (murder in the first degree); section 609.19 (murder in the second degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in the first degree); section 609.205 (manslaughter in the second degree); section 609.25 (kidnapping); section 609.2661 (murder of an unborn child in the first degree); section 609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344 (criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section 609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to engage in sexual conduct); section 609.352 (communication of sexually explicit materials to children); section 609.365 (incest); section 609.377 (felony malicious punishment of a child); section 609.378 (felony neglect or endangerment of a child); section 609.561 (arson in the first degree); section 609.562 (arson in the second degree); section 609.563 (arson in the third degree); section 609.749, subdivision 3, 4, or 5 (felony harassment or stalking); section 152.021 (controlled substance crimes in the first degree); section 152.022 (controlled substance crimes in the second degree); section 152.023 (controlled substance crimes in the third degree); section 152.024 (controlled substance crimes in
Sec. 2. Minnesota Statutes 2024, section 214.10, subdivision 2a, is amended to read:
Subd. 2a. Proceedings. A board shall initiate proceedings to suspend or revoke a license or shall refuse to renew a license of a person licensed by the board who is convicted in a court of competent jurisdiction of violating section 609.2231, subdivision 8, 609.23, 609.231, 609.2325, 609.233, 609.2335, 609.234, 609.465, Minnesota Statutes 2024, section 609.466, section 609.467, 609.52, or 609.72, subdivision 3.
Sec. 3. Minnesota Statutes 2024, section 245C.15, subdivision 2, is amended to read:
Subd. 2. 15-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a felony-level violation of any of the following offenses: sections 152.021, subdivision 1 or 2b, (aggravated controlled substance crime in the first degree; sale crimes); 152.022, subdivision 1 (controlled substance crime in the second degree; sale crimes); 152.023, subdivision 1 (controlled substance crime in the third degree; sale crimes); 152.024, subdivision 1 (controlled substance crime in the fourth degree; sale crimes); 256.98 (wrongfully obtaining assistance); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 518B.01, subdivision 14 (violation of an order for protection); 609.165 (felon ineligible to possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.247, subdivision 4 (carjacking in the third degree); 609.255 (false imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275 (attempt to coerce); Minnesota Statutes 2024, section 609.466 or section 609.467 (medical assistance fraud); 609.495 (aiding an offender); 609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.522 (organized retail theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary
(b) An individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less than 15 years has passed since the termination of the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or subdivision 3.
(d) An individual is disqualified under section 245C.14 if less than 15 years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of the offenses listed in paragraph (a) or since the termination of parental rights in any other state or country, the elements of which are substantially similar to the elements listed in paragraph (c).
(e) If the individual studied commits one of the offenses listed in paragraph (a), but the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is disqualified but the disqualification look-back period for the offense is the period applicable to the gross misdemeanor or misdemeanor disposition.
(f) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
Sec. 4. Minnesota Statutes 2024, section 245C.15, subdivision 3, is amended to read:
Subd. 3. Ten-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a gross misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 260B.425 (criminal jurisdiction for contributing to status as a juvenile petty offender or delinquency); 260C.425 (criminal jurisdiction for contributing to need for protection or services); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or 609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); Minnesota Statutes 2024, section 609.466 or section 609.467 (medical assistance fraud); 609.52 (theft); 609.522 (organized retail theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71 (riot);
(b) An individual is disqualified under section 245C.14 if less than ten years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less than ten years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraph (a).
(d) If the individual studied commits one of the offenses listed in paragraph (a), but the sentence or level of offense is a misdemeanor disposition, the individual is disqualified but the disqualification lookback period for the offense is the period applicable to misdemeanors.
(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
Sec. 5. Minnesota Statutes 2024, section 245C.15, subdivision 4, is amended to read:
Subd. 4. Seven-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 260B.425 (criminal jurisdiction for contributing to status as a juvenile petty offender or delinquency); 260C.425 (criminal jurisdiction for contributing to need for protection or services); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation of an order for protection under 609.3232 (protective order authorized; procedures; penalties); Minnesota Statutes 2024, section 609.466 or section 609.467 (medical assistance fraud); 609.52 (theft); 609.522 (organized retail theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination and display to minors prohibited); or Minnesota Statutes 2012, section 609.21; or violation of an order for protection under section 518B.01 (Domestic Abuse Act).
(b) An individual is disqualified under section 245C.14 if less than seven years has passed since a determination or disposition of the individual's:
(2) substantiated serious or recurring maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other state, the elements of which are substantially similar to the elements of maltreatment under section 626.557 or chapter 260E for which: (i) there is a preponderance of evidence that the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.
(c) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota Statutes.
(d) An individual is disqualified under section 245C.14 if less than seven years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraphs (a) and (b).
(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
(f) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual was disqualified under section 256.98, subdivision 8.
Sec. 6. Minnesota Statutes 2025 Supplement, section 609.531, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given.
(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District Department of Public Safety, the Department of Natural Resources Division of Enforcement, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a multijurisdictional entity established under section 299A.642 or 299A.681.
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.247; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i); 609.344, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; Minnesota Statutes 2024, section 609.466; section 609.467; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle in the transportation or exchange of a controlled substance intended for distribution or sale, claiming an ownership interest in a vehicle that has been seized or restrained under this section.
Sec. 7. Laws 2026, chapter 88, article 1, section 181, is amended to read:
Sec. 181. Minnesota Statutes 2025 Supplement, section 299C.061, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Fraud involving state funded or administered programs or services" includes any violation of section 609.445, 609.465, Minnesota Statutes 2024, section 609.466, section 609.467, 609.52, 609.611, 609.651, 609.7475, or 609.821 involving a state agency or state-funded or administered program or service.
(c) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph (c).
(d) "Section" means the Financial Crimes and Fraud Section of the Bureau of Criminal Apprehension.
(e) "State agency" has the meaning given in section 13.02, subdivision 17.
(f) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
ARTICLE 9
CHILDREN, YOUTH, AND FAMILIES POLICY
Section 1. Minnesota Statutes 2024, section 124D.19, is amended by adding a subdivision to read:
Subd. 13a. School-age
care programs; priority for children in foster care. Each district operating a school‑age
care, youth after-school enrichment, or other before- and after-school
community education program under this section must ensure that children in
foster care, as defined under section 260C.007, subdivision 18, or in a
voluntary or involuntary foster care placement under the Minnesota Indian
Family Preservation Act receive priority
for enrollment in
community education programs. In order
to give a child priority under this paragraph, the district may require a
letter or other documentation from a responsible social services agency or
child-placing agency verifying that the child is in foster care.
Sec. 2. Minnesota Statutes 2024, section 142A.43, is amended to read:
142A.43 GRANTS-IN-AID GRANTS TO YOUTH INTERVENTION
PROGRAMS.
Subdivision 1. Grants. (a) The commissioner may must
make grants to nonprofit agencies administering youth intervention programs in
communities where the programs are or may be established. Grants under this section are limited to
available appropriations. No grant may
exceed $75,000.
(b) "Youth intervention program" means a nonresidential community-based program providing advocacy, education, counseling, mentoring, and referral services to youth and their families experiencing personal, familial, school, legal, or chemical problems with the goal of resolving the present problems and preventing the occurrence of the problems in the future. The intent of the youth intervention program is to provide an ongoing stable funding source to community-based early intervention programs for youth. Program design may be different for the grantees depending on youth service needs of the communities being served.
(c) A grant under this
section is contingent upon the agency obtaining local matching money equal to
the amount of the grant from the community in which the youth intervention
program is established. The matching
requirement is intended to leverage the investment of state and community money
in supporting the efforts of the grantees to provide early intervention
services to youth and their families.
Subd. 2. Applications. Applications for a grant-in-aid shall
grant must be made submitted by the administering agency
to the commissioner. The commissioner
must provide the application form, procedures for submitting application forms,
criteria for review of the application, and a description of the kinds of
contributions in addition to cash that qualify as local matching money.
The grant-in-aid is
contingent upon the agency having obtained from the community in which the
youth intervention program is established local matching money equal to the
amount of the grant that is sought. The
matching requirement is intended to leverage the investment of state and
community dollars in supporting the efforts of the grantees to provide early
intervention services to youth and their families.
The commissioner shall
provide the application form, procedures for making application form, criteria
for review of the application, and kinds of contributions in addition to cash
that qualify as local matching money. No
grant to any agency may exceed $75,000.
Subd. 3. Grant
allocation formula Youth Intervention Programs Association grant. Up to five six percent of
the appropriations to the grants-in-aid to the youth intervention program
may appropriation for grants under this section must be used for a
grant to the Minnesota Youth Intervention Programs Association for expenses
in providing collaboration, program development, professional development
training, technical assistance, and tracking, and analyzing,
and reporting outcome data for the community-based grantees of the program. The Minnesota Youth Intervention Programs
Association is not required to meet the match obligation matching
requirement under subdivision 2 1, paragraph (c).
Subd. 4. Report. On or before March 31 of each year, the
Minnesota Youth Intervention Programs Association shall report to the chairs
and ranking minority members of the committees and divisions with jurisdiction
over public safety policy and finance children and youth on the
implementation, use, and administration of the grant program created
under this section. The report shall
include information sent by agencies administering youth intervention programs
to the Minnesota Youth Intervention Programs Association and the Office of
Justice Programs. At a minimum, the
report must identify:
(2) the geographic location of the grant recipients;
(3) the total number of individuals served by all grant recipients, disaggregated by race, ethnicity, and gender;
(4) the total number of individuals served by all grant recipients who successfully completed programming, disaggregated by age, race, ethnicity, and gender;
(5) the total amount of money awarded in grants and the total amount remaining to be awarded from each appropriation;
(6) the amount of money granted to each recipient;
(7) grantee grant
recipient workplan objectives;
(8) how the grant was used
based on grantee grant recipient quarterly narrative reports and
financial reports; and
(9) summarized relevant youth intervention program outcome survey data measuring the developmental assets of participants, based on Search Institute's Developmental Assets Framework.
Subd. 5. Administrative
costs. The commissioner may use up
to ten percent of the biennial appropriation for grants-in-aid to the youth
intervention program to pay costs incurred by the department in administering
the youth intervention program.
Sec. 3. Minnesota Statutes 2024, section 142B.10, subdivision 18, is amended to read:
Subd. 18. Adoption agency; additional requirements. In addition to the other requirements of this section, an individual or organization applying for a license to place children for adoption must:
(1) incorporate as a nonprofit corporation under chapter 317A or a nonprofit limited liability company under chapter 322C;
(2) file with the application for licensure a copy of the disclosure form required under section 259.37, subdivision 2;
(3) provide evidence that a bond has been obtained and will be continuously maintained throughout the entire operating period of the agency, to cover the cost of transfer of records to and storage of records by the agency which has agreed, according to rule established by the commissioner, to receive the applicant agency's records if the applicant agency voluntarily or involuntarily ceases operation and fails to provide for proper transfer of the records. The bond must be made in favor of the agency which has agreed to receive the records; and
(4) submit a financial review completed by an accountant to the commissioner each year the license is renewed as required under section 142B.05, subdivision 1.
Sec. 4. Minnesota Statutes 2024, section 142B.30, is amended by adding a subdivision to read:
Subd. 9a. Child
foster care licensing agency information to applicants. In addition to the requirements in
Minnesota Rules, part 9543.0040, subpart 1, the licensing agency must provide
information to child foster care license applicants on the background study
process and the procedure for reconsideration of a background study
disqualification.
Subd. 7. Abusive head trauma training. (a) Before caring for children under school age, the director, staff persons, substitutes, and unsupervised volunteers must receive training on the risk of abusive head trauma during orientation and each calendar year thereafter.
(b) Abusive head trauma
training under this subdivision must be at least one-half hour in length. At a minimum, the training must address the
risk factors related to shaking infants and young children, means to reduce the
risk of abusive head trauma in child care, and license holder communication
with parents regarding reducing the risk of abusive head trauma. The training must be interactive and not
only consist of reading or viewing information.
(c) Except if completed during orientation, training taken under this subdivision may be used to meet the in‑service training requirements under subdivision 9.
(d) The commissioner shall make available for viewing a video presentation on the dangers associated with shaking infants and young children, which may be used in conjunction with the annual training required under paragraph (b).
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 6. Minnesota Statutes 2024, section 142B.70, subdivision 6, is amended to read:
Subd. 6. Sudden unexpected infant death and abusive head trauma training. (a) License holders must ensure and document that before the license holder, second adult caregivers, substitutes, and helpers assist in the care of infants, they are instructed on the standards in section 142B.46 and receive training on reducing the risk of sudden unexpected infant death. In addition, license holders must ensure and document that before the license holder, second adult caregivers, substitutes, and helpers assist in the care of infants and children under school age, they receive training on reducing the risk of abusive head trauma from shaking infants and young children. The training in this subdivision may be provided as initial training under subdivision 1 or ongoing annual training under subdivision 8.
(b) Sudden unexpected infant death reduction training required under this subdivision must, at a minimum, address the risk factors related to sudden unexpected infant death, means of reducing the risk of sudden unexpected infant death in child care, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death.
(c) Abusive head trauma
training required under this subdivision must, at a minimum, address the risk
factors related to shaking infants and young children, means of reducing the
risk of abusive head trauma in child care, and license holder communication
with parents regarding reducing the risk of abusive head trauma. The training must be interactive and not
only consist of reading or viewing information.
(d) Training for family and group family child care providers must be developed by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved by the Minnesota Center for Professional Development. Sudden unexpected infant death reduction training and abusive head trauma training may be provided in a single course of no more than two hours in length.
(e) Sudden unexpected infant
death reduction training and abusive head trauma training required under this
subdivision must be completed in person or as allowed under subdivision 11,
clause (1) or (2), at least once every two years. On the years when the individual receiving
training is not receiving training in person or as allowed under subdivision
11, clause (1) or (2), the individual receiving training in accordance with
this subdivision must receive sudden unexpected infant death reduction training
and abusive head trauma training through a video of no more than one hour in
length. The video must be developed or
approved by the commissioner or online each calendar year.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 7. Minnesota Statutes 2024, section 142C.12, subdivision 3, is amended to read:
Subd. 3. Abusive
head trauma. A certified center that
cares for a child under school age must ensure that the director and all staff
persons, including substitutes and unsupervised volunteers, receive training on
abusive head trauma before assisting in the care of a child under school age. The training must be interactive and not
only consist of reading or viewing information.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 8. Minnesota Statutes 2024, section 142D.05, subdivision 8, is amended to read:
Subd. 8. Eligibility. (a) A child is eligible to participate in a school readiness program if the child:
(1) is at least three years old on September 1;
(2) has completed health and developmental screening within 90 days of program enrollment under sections 142D.09 to 142D.093; and
(3) has one or more of the following risk factors:
(i) qualifies for free or reduced-price meals;
(ii) is an English learner;
(iii) is homeless;
(iv) has an individualized education program (IEP) or standardized written plan;
(v) is identified, through
health and developmental screenings under sections 142D.09 to 142D.093, with a
potential risk factor that may influence learning; or
(vi) is in foster care;
or
(vii) is defined as at risk by the school district.
(b) The commissioner may
require a letter or other documentation from a responsible social services
agency or child-placing agency for a child eligible under paragraph (a), clause
(3), item (vi), verifying that the child is in foster care, as defined in section
260C.007, subdivision 18, or in a voluntary or involuntary foster care
placement under the Minnesota Indian Family Preservation Act. The commissioner must process a verification
letter or other documentation within five business days of receiving the letter
or documentation.
(a) For programs serving
children under section 142D.08, the commissioner of children, youth, and
families must implement a preschool assessment of children's development in the
year prior to kindergarten entry that is:
(1) aligned to the state
early childhood indicators of progress and based on the criteria for an early
learning assessment approved by the commissioner; and
(2) based in part on
information collected from teachers, early learning professionals, families,
and other partners.
(b) The commissioner
must evaluate and approve assessment tools that meet the requirements in
paragraph (a). School districts and
charter schools operating a program under section 142D.08 must choose an
assessment tool approved under this paragraph.
(c) The commissioner may
provide technical assistance and professional development related to the
assessment to educators, school districts, and charter schools.
Sec. 10. Minnesota Statutes 2024, section 142D.21, subdivision 6, is amended to read:
Subd. 6. Payments. (a) The commissioner shall provide payments under this section to all eligible programs on a noncompetitive basis. The payment amounts shall be based on the number of full-time equivalent staff who regularly care for children in the program, including any employees, sole proprietors, or independent contractors.
(b) For purposes of this section, "one full-time equivalent" is defined as an individual caring for children 32 hours per week, including associated required paid break time. An individual can count as more or less than one full-time equivalent staff, but as no more than two full-time equivalent staff.
(c) The commissioner must establish an amount to award per full-time equivalent individual who regularly cares for children in the program.
(d) Payments must be increased by ten percent for programs receiving child care assistance payments under section 142E.08 or 142E.17 or early learning scholarships under section 142D.25, or for programs located in a child care access equity area. The commissioner must develop a method for establishing child care access equity areas. For purposes of this section, "child care access equity area" means an area with low access to child care, high poverty rates, high unemployment rates, low homeownership rates, and low median household incomes.
(e) The commissioner shall establish the form, frequency, and manner for making payments under this section.
Sec. 11. Minnesota Statutes 2024, section 142D.25, subdivision 3, is amended to read:
Subd. 3. Applications; priorities. (a) The commissioner shall establish application timelines and determine the schedule for awarding scholarships that meet the operational needs of eligible families and programs.
(b) The commissioner must give highest priority on an equal basis to applications from children who:
(1) are not yet four years of age;
(2) have a parent under age 21 who is pursuing a high school diploma or a course of study for a high school equivalency test;
(4) have been referred as in need of child protection services;
(5) have an incarcerated parent;
(6) are in or have a parent in a substance use treatment program;
(7) are in or have a parent in a mental health treatment program;
(8) have experienced domestic violence;
(9) have an individualized education program or individualized family service plan; or
(10) have experienced homelessness in the last 24 months, as defined under the federal McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 1143a.
(c) Notwithstanding paragraph (b), beginning July 1, 2025, the commissioner must give highest priority to applications from children in families with income equal to or less than the rate specified under subdivision 2, paragraph (a), clause (1), item (i), and within this group must prioritize children who meet one or more of the criteria listed in paragraph (b).
(d) The commissioner may prioritize applications on additional factors, including but not limited to availability of funding, family income, geographic location, and whether the child's family is on a waiting list for a publicly funded program providing early education or child care services.
(e) The commissioner may
require a letter or other documentation from a responsible social services
agency or child-placing agency for a child receiving priority as a child in
foster care verifying that the child is in foster care, as defined in section 260C.007,
subdivision 18, or in a voluntary or involuntary foster care placement under
the Minnesota Indian Family Preservation Act.
The commissioner must process a verification letter or other
documentation within five business days of receiving the letter or
documentation.
Sec. 12. Minnesota Statutes 2024, section 142E.04, subdivision 4, is amended to read:
Subd. 4. Funding priorities. (a) In the event that inadequate funding necessitates the use of waiting lists, priority for child care assistance under the basic sliding fee assistance program shall be determined according to this subdivision.
(b) First priority must be given to eligible non-MFIP families who do not have a high school diploma or commissioner of education-selected high school equivalency certification or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 142E.01, subdivision 26. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(d) Third priority must
be given to eligible foster parents providing care to a child placed in a
family foster home under section 260C.007, subdivision 16b; eligible relative
custodians to whom permanent legal and physical custody of a child has been
transferred pursuant to section 260C.515, subdivision 4; or eligible
individuals with whom an Indian child has been placed under section 260.773.
(e) Fourth priority
must be given to eligible families who do not meet the specifications of
paragraph (b), (c), (e) (d), (f), or (f) (g).
(e) Fourth (f)
Fifth priority must be given to families who are eligible for portable
basic sliding fee assistance through the portability pool under subdivision 10.
(f) Fifth (g)
Sixth priority must be given to eligible families receiving services under
section 142E.01, subdivision 27, if the parents have completed their MFIP
transition year.
(g) (h) Families
under paragraph (f) (g) must be added to the basic sliding fee
waiting list on the date they complete their transition year under section
142E.01, subdivision 28.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 13. Minnesota Statutes 2024, section 245C.04, subdivision 1, is amended to read:
Subdivision 1. Licensed programs; other child care programs. (a) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, at least upon application for initial license for all license types.
(b) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, including a child care background study subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed child care center, certified license-exempt child care center, or legal nonlicensed child care provider, on a schedule determined by the commissioner. Except as provided in section 245C.05, subdivision 5a, a child care background study must include submission of fingerprints for a national criminal history record check and a review of the information under section 245C.08. A background study for a child care program must be repeated within five years from the most recent study conducted under this paragraph.
(c) At reauthorization
or When a new background study is needed under section 142E.16, subdivision
2, for a legal nonlicensed child care provider authorized under chapter 142E:
(1) for a background study affiliated with a legal nonlicensed child care provider, the individual shall provide information required under section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the commissioner and be fingerprinted and photographed under section 245C.05, subdivision 5; and
(2) the commissioner shall verify the information received under clause (1) and submit the request in NETStudy 2.0 to complete the background study.
(d) At reapplication for a family child care license:
(1) for a background study affiliated with a licensed family child care center, the individual shall provide information required under section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be fingerprinted and photographed under section 245C.05, subdivision 5;
(3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08.
(e) The commissioner is not required to conduct a study of an individual at the time of reapplication for a license if the individual's background study was completed by the commissioner of human services and the following conditions are met:
(1) a study of the individual was conducted either at the time of initial licensure or when the individual became affiliated with the license holder;
(2) the individual has been continuously affiliated with the license holder since the last study was conducted; and
(3) the last study of the individual was conducted on or after October 1, 1995.
(f) The commissioner of human services shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with a child foster family setting license holder:
(1) the county or private agency shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1 and 5, when the child foster family setting applicant or license holder resides in the home where child foster care services are provided; and
(2) the background study conducted by the commissioner of human services under this paragraph must include a review of the information required under section 245C.08, subdivisions 1, 3, and 4.
(g) The commissioner shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with an adult foster care or family adult day services and with a family child care license holder or a legal nonlicensed child care provider authorized under chapter 142E and:
(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and forward to the commissioner the information required under section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraph (b), for background studies conducted by the commissioner for all family adult day services, for adult foster care when the adult foster care license holder resides in the adult foster care residence, and for family child care and legal nonlicensed child care authorized under chapter 142E;
(2) the license holder shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for adult foster care when the license holder does not reside in the adult foster care residence; and
(3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08, subdivision 1, paragraph (a), and subdivisions 3 and 4.
(h) Applicants for licensure, license holders, and other entities as provided in this chapter must submit completed background study requests to the commissioner using the electronic system known as NETStudy before individuals specified in section 245C.03, subdivision 1, begin positions allowing direct contact in any licensed program.
(1) an individual returns to a position requiring a background study following an absence of 120 or more consecutive days; or
(2) a program that discontinued providing licensed direct contact services for 120 or more consecutive days begins to provide direct contact licensed services again.
The license holder shall maintain a copy of the notification provided to the commissioner under this paragraph in the program's files. If the individual's disqualification was previously set aside for the license holder's program and the new background study results in no new information that indicates the individual may pose a risk of harm to persons receiving services from the license holder, the previous set-aside shall remain in effect.
(j) For purposes of this section, a physician licensed under chapter 147, advanced practice registered nurse licensed under chapter 148, or physician assistant licensed under chapter 147A is considered to be continuously affiliated upon the license holder's receipt from the commissioner of health or human services of the physician's, advanced practice registered nurse's, or physician assistant's background study results.
(k) For purposes of family child care, a substitute caregiver must receive repeat background studies at the time of each license renewal.
(l) A repeat background study at the time of license renewal is not required if the family child care substitute caregiver's background study was completed by the commissioner on or after October 1, 2017, and the substitute caregiver is on the license holder's active roster in NETStudy 2.0.
(m) Before and after school programs authorized under chapter 142E, are exempt from the background study requirements under section 123B.03, for an employee for whom a background study under this chapter has been completed.
Sec. 14. Minnesota Statutes 2024, section 256B.055, subdivision 17, is amended to read:
Subd. 17. Adults who were in foster care at the age of 18, 19, or 20. (a) Medical assistance may be paid for a person under 26 years of age who was in foster care under the commissioner's responsibility on the date of attaining 18, 19, or 20 years of age or receiving foster care benefits past 18 years of age under section 260C.451, and who was enrolled in medical assistance under the state plan or a waiver of the plan while in foster care, in accordance with section 2004 of the Affordable Care Act.
(b) Medical assistance may be paid for a person under 26 years of age who was in foster care and enrolled in any state's Medicaid program as provided by Public Law 115-271, section 1002.
(c) The commissioner shall
must seek federal waiver approval under United States Code, title 42,
section 1315, to include youth who were in a state's foster care program and
who turned age 18 prior to January 1, 2023, without regard to potential
eligibility under a Medicaid mandatory group.
Sec. 15. Minnesota Statutes 2024, section 259.83, subdivision 1, as amended by Laws 2026, chapter 88, article 1, section 159, is amended to read:
Subdivision 1. Services
provided. (a) Agencies shall must
provide assistance and counseling services upon receiving a request for current
information from adoptive parents, birth parents, adopted persons aged 18 years
of age and older, or adult siblings of adopted persons. The agency shall must contact
the other adult persons or the
(b) Upon a request for assistance or services from an adoptive parent of a minor child, birth parent, or an adopted person 18 years of age or older, the agency must inform the person:
(1) about the right of an adopted person to request and obtain a copy of the adopted person's original birth record at the age and circumstances specified in section 144.2252; and
(2) about the right of the birth parent named on the adopted person's original birth record to file a contact preference form with the state registrar pursuant to section 144.2253.
When making or supervising an adoptive placement, the agency must provide in writing to the birth parents listed on the original birth record the information required under this paragraph and section 259.37, subdivision 2, clause (7).
Sec. 16. Minnesota Statutes 2024, section 260.67, subdivision 1, is amended to read:
Subdivision 1. Preference
for permanency placement with a relative.
Consistent with section 260C.513, if an African American or
disproportionately represented child cannot be returned to the child's parent,
permanency placement with a relative is preferred. The court shall must consider
the requirements of and responsibilities under section 260.012, paragraph (a),
and, if possible and if requirements under section 260C.515, subdivision 4, are
met, transfer permanent legal and physical custody of the child to:
(1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot return to the care of the parent or custodian from whom the child was removed or who had legal custody at the time that the child was placed in foster care; or
(2) a willing and able
relative, according to the requirements of section 260C.515, subdivision 4. When the responsible social services agency
is the petitioner, prior to the court ordering a transfer of permanent legal
and physical custody to a relative, the responsible social services agency must
inform the relative of Northstar kinship assistance benefits and eligibility
requirements and of the relative's ability to apply for benefits on behalf of
the child under chapter 256N sections 142A.60 to 142A.612.
Sec. 17. Minnesota Statutes 2024, section 260C.190, subdivision 1, is amended to read:
Subdivision 1. Placement. (a) An agency with legal responsibility
for a child under section 260C.178, subdivision 1, paragraph (c), or legal
custody of a child under section 260C.201, subdivision 1, paragraph (a), clause
(3) (2), may colocate a child with a parent who is receiving
services in a licensed residential family-based substance use disorder
treatment program for up to 12 months.
(b) During the child's
placement under paragraph (a), the agency:
(1) may visit the child as the agency deems necessary and appropriate;
(2) shall must continue to have access to information under
section 260C.208; and (3) shall must continue to provide
appropriate services to both the parent and the child.
(c) The agency may terminate the child's placement under paragraph (a) to protect the child's health, safety, or welfare and may remove the child to foster care without a prior court order or authorization.
Sec. 18. Minnesota Statutes 2024, section 260C.212, subdivision 1, is amended to read:
Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan shall be prepared within 30 days after any child is placed in foster care by court order or a voluntary placement agreement between the responsible social services agency and the child's parent pursuant to section 260C.227 or chapter 260D.
(1) submitted to the court for approval under section 260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified after hearing, under section 260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, a representative of the child's tribe, the responsible social services agency, and, if possible, the child.
(c) The out-of-home placement plan shall be explained by the responsible social services agency to all persons involved in the plan's implementation, including the child who has signed the plan, and shall set forth:
(1) a description of the foster care home or facility selected, including how the out-of-home placement plan is designed to achieve a safe placement for the child in the least restrictive, most family-like setting available that is in close proximity to the home of the child's parents or guardians when the case plan goal is reunification; and how the placement is consistent with the best interests and special needs of the child according to the factors under subdivision 2, paragraph (b);
(2) the specific reasons for the placement of the child in foster care, and when reunification is the plan, a description of the problems or conditions in the home of the parent or parents that necessitated removal of the child from home and the changes the parent or parents must make for the child to safely return home;
(3) a description of the services offered and provided to prevent removal of the child from the home and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the child to eliminate or correct the problems or conditions identified in clause (2), and the time period during which the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to achieve a safe and stable home for the child including social and other supportive services to be provided or offered to the parent or parents or guardian of the child, the child, and the residential facility during the period the child is in the residential facility;
(4) a description of any services or resources that were requested by the child or the child's parent, guardian, foster parent, or custodian since the date of the child's placement in the residential facility, and whether those services or resources were provided and if not, the basis for the denial of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other relatives as defined in section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not placed together in foster care, and whether visitation is consistent with the best interest of the child, during the period the child is in foster care;
(7) when a child cannot return to or be in the care of either parent, documentation of steps to finalize the transfer of permanent legal and physical custody to a relative as the permanency plan for the child. This documentation must support the requirements of the kinship placement agreement under section 142A.605 and must include the reasonable efforts used to determine that it is not appropriate for the child to return home or be adopted, and reasons why permanent placement with a relative through a Northstar kinship assistance arrangement is in the child's best interest; how the child meets the eligibility requirements for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's relative foster parent and reasons why the relative foster parent chose not to pursue adoption, if applicable; and agency efforts to discuss with the child's parent or parents the permanent transfer of permanent legal and physical custody or the reasons why these efforts were not made;
(8) efforts to ensure the
child's educational stability while in foster care for a child who attained
the minimum age for subject to compulsory school attendance under state
law section 120A.22 and is enrolled full time in elementary or
secondary school, or instructed in elementary or secondary education at home,
or instructed in an independent study elementary or secondary program, or
incapable of attending school on a full-time basis due to a medical condition
that is documented and supported by regularly updated information in the
child's case plan. Educational stability
efforts include:
(i) efforts to ensure that the child remains in the same school in which the child was enrolled prior to placement or upon the child's move from one placement to another, including efforts to work with the local education authorities to ensure the child's educational stability and attendance; or
(ii) if it is not in the child's best interest to remain in the same school that the child was enrolled in prior to placement or move from one placement to another, efforts to ensure immediate and appropriate enrollment for the child in a new school;
(9) for a child not yet
subject to compulsory school attendance under section 120A.22, efforts to
ensure the child's educational stability while in foster care if the child is
enrolled in an early childhood education or child care program. If enrollment in an early childhood education
or child care program is not feasible or not in the child's best interest, the
out-of-home placement plan must state specific reasons for discontinuing the
child's enrollment in the same program or not seeking enrollment in a similar
program. Early childhood education or
child care stability efforts include:
(i) efforts to ensure that the child remains in the same program in which the child was enrolled prior to placement or upon the child's move from one placement to another, if in the child's best interest, including efforts to work with the program to ensure the child's educational stability and attendance; or
(ii) if it is not feasible or not in the child's best interest for the child to remain in the same program that the child was enrolled in prior to placement or to a move from one placement to another, efforts to ensure enrollment for the child in a similar program;
(9) (10) the
educational, child care, or early childhood education program records of
the child including the most recent information available regarding:
(i) the names and addresses of the child's educational providers;
(iii) the child's school or program record;
(iv) a statement about how the child's placement in foster care takes into account proximity to the school or program in which the child is enrolled at the time of placement; and
(v) any other relevant educational information;
(10) (11) the
efforts by the responsible social services agency to ensure the oversight and
continuity of health care services for the foster child, including:
(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens, including any known communicable diseases, as defined in section 144.4172, subdivision 2, shall be monitored and treated while the child is in foster care;
(iii) how the child's medical information shall be updated and shared, including the child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs, including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals shall be consulted and involved in assessing the health and well-being of the child and determine the appropriate medical treatment for the child; and
(vii) the responsibility to ensure that the child has access to medical care through either medical insurance or medical assistance;
(11) (12) the
health records of the child including information available regarding:
(i) the names and addresses of the child's health care and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including any known communicable diseases as defined in section 144.4172, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as the child's eligibility for medical insurance or medical assistance;
(12) (13) an
independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child
may select one member of the case planning team to be designated as the child's
advisor and to advocate with respect to the application of the reasonable and
prudent parenting standards in subdivision 14.
The plan should include, but not be limited to, the following
objectives:
(i) educational, vocational, or employment planning;
(iii) transportation including, where appropriate, assisting the child in obtaining a driver's license;
(iv) money management, including the responsibility of the responsible social services agency to ensure that the child annually receives, at no cost to the child, a consumer report as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
(v) planning for housing;
(vi) social and recreational skills;
(vii) establishing and maintaining connections with the child's family and community; and
(viii) regular opportunities to engage in age-appropriate or developmentally appropriate activities typical for the child's age group, taking into consideration the capacities of the individual child;
(13) (14) for a
child in voluntary foster care for treatment under chapter 260D, diagnostic and
assessment information, specific services relating to meeting the mental health
care needs of the child, and treatment outcomes;
(14) (15) for
a child 14 years of age or older, a signed acknowledgment that describes the
child's rights regarding education, health care, visitation, safety and
protection from exploitation, and court participation; receipt of the documents
identified in section 260C.452; and receipt of an annual credit report. The acknowledgment shall state that the
rights were explained in an age-appropriate manner to the child; and
(15) (16) for
a child placed in a qualified residential treatment program, the plan must
include the requirements in section 260C.708.
(d) The parent or parents or guardian and the child each shall have the right to legal counsel in the preparation of the case plan and shall be informed of the right at the time of placement of the child. The child shall also have the right to a guardian ad litem. If unable to employ counsel from their own resources, the court shall appoint counsel upon the request of the parent or parents or the child or the child's legal guardian. The parent or parents may also receive assistance from any person or social services agency in preparation of the case plan.
(e) Before an out-of-home placement plan is signed by the parent or parents or guardian of the child, the responsible social services agency must provide the parent or parents or guardian with a one- to two-page summary of the plan using a form developed by the commissioner. The out-of-home placement plan summary must clearly summarize the plan's contents under paragraph (c) and list the requirements and responsibilities for the parent or parents or guardian using plain language. The summary must be updated and provided to the parent or parents or guardian when the out-of-home placement plan is updated under subdivision 1a.
(f) After the plan has been agreed upon by the parties involved or approved or ordered by the court, the foster parents shall be fully informed of the provisions of the case plan and shall be provided a copy of the plan.
(g) Upon the child's discharge from foster care, the responsible social services agency must provide the child's parent, adoptive parent, or permanent legal and physical custodian, and the child, if the child is 14 years of age or older, with a current copy of the child's health and education record. If a child meets the conditions in subdivision 15, paragraph (b), the agency must also provide the child with the child's social and medical history. The responsible social services agency may give a copy of the child's health and education record and social and medical history to a child who is younger than 14 years of age, if it is appropriate and if subdivision 15, paragraph (b), applies.
Subd. 4a. Monthly
caseworker visits. (a) Every child
in foster care or on a trial home visit shall must be visited by
the child's caseworker or another person who has responsibility for visitation
of the child on a monthly basis, with the majority of visits occurring in the
child's residence. The responsible
social services agency may designate another person responsible for monthly
case visits. For the purposes of this
section, the following definitions apply:
(1) "visit" is defined as a face-to-face contact between a child and the child's caseworker. For a youth 18 years of age or older, a visit may be conducted via video conference with the youth's informed consent;
(2) "visited on a monthly basis" is defined as at least one visit per calendar month;
(3) "the child's caseworker" is defined as the person who has responsibility for managing the child's foster care placement case as assigned by the responsible social services agency;
(4) "another person" means the professional staff whom the responsible social services agency has assigned in the out-of-home placement plan or case plan. Another person must be professionally trained to assess the child's safety, permanency, well-being, and case progress. The agency may not designate the guardian ad litem, the child foster care provider, residential facility staff, or a qualified individual as defined in section 260C.007, subdivision26b, as another person; and
(5) "the child's residence" is defined as the home where the child is residing, and can include the foster home, child care institution, or the home from which the child was removed if the child is on a trial home visit.
(b) Caseworker visits shall
must be of sufficient substance and duration to address issues pertinent
to case planning and service delivery to ensure the safety, permanency, and
well-being of the child, including whether the child is enrolled and attending
school as required by law.
(c) Every effort shall
must be made by the responsible social services agency and professional
staff to have the monthly visit with the child outside the presence of the
child's parents, foster parents, or facility staff. There may be situations related to the
child's needs when a caseworker visit cannot occur with the child alone. The reason the caseworker visit occurred in
the presence of others must be documented in the case record and may include:
(1) that the child exhibits intense emotion or behavior indicating that visiting without the presence of the parent, foster parent, or facility staff would be traumatic for the child;
(2) that despite a caseworker's efforts, the child declines to visit with the caseworker outside the presence of the parent, foster parent, or facility staff; and
(3) that the child has a specific developmental delay, physical limitation, incapacity, medical device, or significant medical need, such that the parent, foster parent, or facility staff is required to be present with the child during the visit.
Sec. 20. Minnesota Statutes 2024, section 260C.212, is amended by adding a subdivision to read:
Subd. 14a. Information on early childhood education and child care for children in foster care. For a child not yet subject to compulsory school attendance under section 120A.22, the responsible social services agency; licensed child-placing agency, if applicable; and the child's guardian ad litem must provide information to the foster parent about:
(1)
early childhood education and child care program options in the foster parent's
geographic area;
(2) the Northstar foster
care benefits child care allowance;
(3) eligibility
requirements for the child care assistance program and early learning
scholarships; and
(4) application processes
for the child care assistance program and early learning scholarships.
Sec. 21. Minnesota Statutes 2024, section 260C.451, subdivision 2, is amended to read:
Subd. 2. Independent
living plan. Upon the request of
(a) For any child in foster care who is 14 years of age or older, the
responsible social services agency must, in conjunction with the child and
other appropriate parties, develop and update the child's independent living
plan required under section 260C.212, subdivision 1, paragraph (c), clause
(12).
(b) For any child in
foster care immediately prior to the child's 18th birthday and who is in
foster care at the time of the request, the responsible social services
agency shall must, in conjunction with the child and other
appropriate parties, update the child's independent living plan required
under section 260C.212, subdivision 1, paragraph (c), clause (12), related to
the child's employment, vocational, educational, social, or maturational needs and
submit the updated plan to the court as part of the required review under
section 260C.202, subdivision 3. The
agency shall must provide continued services and foster care for
the child including those services that are necessary to implement the
independent living plan.
Sec. 22. Minnesota Statutes 2024, section 260C.451, subdivision 3, is amended to read:
Subd. 3. Eligibility to continue in foster care. A child in foster care immediately prior to the child's 18th birthday may continue in foster care past age 18 unless:
(1) the child can safely
return home; or
(2) the child is in
placement pursuant to the agency's duties under section 256B.092 and Minnesota
Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to a
developmental disability or related condition, and the child will be served as
an adult under section 256B.092 and Minnesota Rules, parts 9525.0004 to
9525.0016; or
(3) the child can be
adopted or have permanent legal and physical custody transferred to a relative
prior to the child's 18th birthday.
Sec. 23. Minnesota Statutes 2024, section 260C.451, subdivision 3a, is amended to read:
Subd. 3a. Eligibility criteria. The child must meet at least one of the following conditions to be considered eligible to continue in or return to foster care and remain there to age 21. The child must be:
(1) completing secondary education or a program leading to an equivalent credential, including transition programs through a public or private school;
(2) enrolled in an institution that provides postsecondary or vocational education;
(3) participating in a program or activity designed to promote or remove barriers to employment;
(4) employed for at least 80 hours per month, including receiving benefits under chapter 268B; or
(5) incapable of doing any of the activities described in clauses (1) to (4) due to a medical condition.
Subd. 8. Notice
of termination of foster care. When
a child in foster care between the ages of 18 and 21 ceases to meet one of the
eligibility criteria of subdivision 3a, the responsible social services agency shall
must give the child written notice that foster care will terminate 30
days from the date the notice is sent. The
agency must send a copy of the written notice to the commissioner of children,
youth, and families. The child or
the child's guardian ad litem may file a motion asking the court to review the
agency's determination within 15 days of receiving the notice. The child shall must not be
discharged from foster care until the motion is heard. The agency shall work must engage
with the child to develop a transition out of foster care plan
as required under section 260C.452, subdivision 4, paragraph (d), that
addresses the goals listed in section 260C.203, subdivision 4, clause (2). The written notice of termination of benefits
shall must be on a form prescribed by the commissioner and shall
must also give notice of the right to have the agency's determination
reviewed by the court in the proceeding where the court conducts the reviews
required under section 260C.203, 260C.317, or 260C.515, subdivision 5 or 6. A copy of the termination notice shall
must be sent to the child and the child's attorney, if any, the foster
care provider, the child's guardian ad litem, the commissioner of children,
youth, and families, and the court. The
agency is not responsible for paying foster care benefits for any period of
time after the child actually leaves foster care.
ARTICLE 10
CHILDREN, YOUTH, AND FAMILIES BUDGET
Section 1. REGIONAL
FOOD BANK GRANTS.
Subdivision 1. Establishment. The commissioner of children, youth,
and families must establish regional food bank grants to increase the
availability of food to individuals and families in need.
Subd. 2. Distribution
of appropriation. The
commissioner must distribute money appropriated under this section to regional
food banks and Minnesota Tribal governments, as defined in Minnesota Statutes,
section 10.65, using a formula based on the number of persons in households
having incomes below the federal poverty level and the number of unemployed
persons in the service area of the food bank or Minnesota Tribal government.
Subd. 3. Allowable
use of money. (a) Grant money
distributed under this section must be used to purchase, transport, and
coordinate the distribution of food to sites approved by the commissioner. Grant money distributed under this section
may also be used to purchase personal hygiene products, including but not
limited to diapers and toilet paper.
(b) Food and other
allowable products purchased with grant money under this section must be
available at no cost at sites approved by the commissioner.
(c) Grant money
distributed under this section must not be used for the compensation of
officers, directors, trustees, key employees, and highest compensated employees
as reported on Internal Revenue Service Form 990.
Subd. 4. Reporting. (a) Food banks and Minnesota Tribal
governments receiving grant money under this section must retain records
documenting expenditures of the grant money and comply with any additional
documentation requirements imposed by the commissioner.
(b) Food banks and
Minnesota Tribal governments must report on the use of grant money received
under this section to the commissioner. The
commissioner must determine the timing and form required for the reports.
Subd. 5. Ineligible
expenditures. If the
commissioner determines that ineligible expenditures were made by a food bank
or Minnesota Tribal government under this section, the ineligible amount must
be repaid by the food bank or Tribal government to the commissioner and
deposited in the general fund.
The commissioner of
children, youth, and families must develop a licensing framework for crisis
nurseries. The framework must include
pathways for organizations to become licensed crisis nurseries, a definition
for crisis nurseries, background study and training requirements, and ways to
reduce redundancy and resolve conflicting requirements between Minnesota Rules,
parts 2960.0510 to 2960.0530, 2960.3000 to 2960.3100, and chapter 9502, and
Minnesota Statutes, chapter 142B. In
developing the framework, the commissioner must work with stakeholders seeking
to develop a crisis nursery license. By
January 15, 2028, the commissioner must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
children, youth, and families licensing.
The report must contain an overview of the licensing framework, a
detailed explanation of the framework, and proposed legislation to make any
statutory changes that are needed to implement the new license for crisis
nurseries.
ARTICLE 11
MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT CHANGES
Section 1. Minnesota Statutes 2024, section 260.63, subdivision 10, is amended to read:
Subd. 10. Disproportionately
represented child. (a)
"Disproportionately represented child" means a person who is under
the age of 18 and who is a member of a community whose race, culture, ethnicity,
disability status, or low-income socioeconomic status is disproportionately
encountered, engaged, or identified in the child welfare system as compared to
the representation in the state's total child population, as determined on
an annual basis by the commissioner under section 260.631. A child's race, culture, or ethnicity,
disability status, or low-income socioeconomic status is determined based
upon by a child's self-identification or identification of a child's
race, culture, or ethnicity, disability status, or low-income
socioeconomic status as reported by the child's parent or guardian.
(b) For the purposes of this subdivision:
(1) disability means a
physical, sensory, or mental impairment that materially limits one or more
major life activities, including an impairment that is episodic or in remission
and would materially limit a major life activity when active; and
(2) low-income
socioeconomic status is established by the child's household income being below
300 percent of the federal poverty guidelines published by the United States
Department of Health and Human Services.
For purposes of this subdivision, low-income socioeconomic status is
also established when a child or a member of the child's household receives
benefits from one or more means-tested public assistance programs, or when a
child meets income and resource requirements to be eligible for title IV-E foster
care maintenance payments under the federal Social Security Act.
Sec. 2. [260.631]
DETERMINATIONS.
Subdivision 1. Determination
of disproportionate overrepresentation.
(a) The commissioner must determine the communities that are
disproportionately overrepresented in Minnesota's child protection system
pursuant to this section for the purposes of the Minnesota African American
Family Preservation and Child Welfare Disproportionality Act. In making this determination, the
commissioner may consider the recommendations provided under paragraph (d). The commissioner's determination under this
paragraph is in effect until the effective date of the next determination
issued by the commissioner.
(b)
The commissioner must make the initial determination under paragraph (a) by
September 1, 2026, and then by September 1 on every even-numbered year
thereafter.
(c) A responsible social
services agency must use the commissioner's determination under paragraph (a)
to determine whether a child meets the definition of a disproportionately
represented child under section 260.63, subdivision 10.
(d) The African American
Child and Family Well-Being Advisory Council must submit recommendations to the
commissioner on the disproportionate overrepresentation of African American
children in Minnesota's child protection system using state and federal census
data. The council must provide its
initial recommendations to the commissioner by August 1, 2026, and then provide
recommendations by August 1 on every even-numbered year thereafter.
(e) If the commissioner
makes a determination under paragraph (a) that differs from the recommendations
provided by the African American Child and Family Well-Being Advisory Council
under paragraph (d) regarding the disproportionate overrepresentation of
African American children in Minnesota's child protection system, the
commissioner must provide the reasons for diverging from the council's
recommendations and identify the data the commissioner relied upon in making
the determination of disproportionate overrepresentation. The commissioner must provide the information
required under this paragraph to:
(1) the chairs and
ranking minority members of the legislative committees with jurisdiction over
the Minnesota African American Family Preservation and Child Welfare
Disproportionality Act;
(2) the African American
Child and Family Well-Being Advisory Council;
(3) the Children's
Justice Initiative; and
(4) responsible social
services agencies statewide.
(f) By September 15,
2026, and every even-numbered year thereafter, the commissioner must notify
responsible social services agencies, the African American Child and Family
Well-Being Advisory Council, and the Children's Justice Initiative of the
commissioner's determination under paragraph (a). The notification must include but is not
limited to:
(1) a list of the
communities the commissioner determined are disproportionately represented in
Minnesota's child protection system and whether there are any changes from the
previous notification;
(2) how a responsible
social services agency must implement the commissioner's determination;
(3) the effective date
of the commissioner's determination; and
(4) the method or
methods the commissioner used, or the data the commissioner relied upon, to
make the determination.
Subd. 2. Determination
of child's status. The
responsible social services agency must document the efforts the agency takes
when determining whether a child meets or does not meet the definition of a
disproportionately represented child under section 260.63, subdivision 10, and
must provide that information to the commissioner upon the commissioner's
request.
Subd. 3. Exempt
from rulemaking. Chapter 14
does not apply to determinations under this section.
Sec. 3. Minnesota Statutes 2024, section 260.64, subdivision 2, is amended to read:
Subd. 2. Safety plan. (a) Prior to petitioning the court to remove an African American or a disproportionately represented child from the child's home under section 260.66, a responsible social services agency must work with the child's family to allow the child to remain in the child's home while implementing a safety plan based on the family's needs. The responsible social services agency must:
(1) make active efforts to engage the child's parent or custodian and the child, when appropriate;
(2) assess the family's cultural and economic needs and, if applicable, needs and services related to the child's disability;
(3) hold a family group consultation meeting and connect the family with supports to establish a safety network for the family; and
(4) provide support, guidance, and input to assist the family and the family's safety network with developing the safety plan.
(b) The safety plan must:
(1) address the specific allegations impacting the child's safety in the home. If neglect, as defined in section 260E.03, subdivision 15, is alleged, the safety plan must incorporate economic services and supports for the child and the child's family, if eligible, to address the family's specific needs and prevent neglect;
(2) incorporate family and community support to ensure the child's safety while keeping the family intact; and
(3) be adjusted as needed to address the child's and family's ongoing needs and support.
(c) The responsible social services agency is not required to establish a safety plan:
(1) in a case with allegations of sexual abuse or egregious harm;
(2) when the parent is not willing to follow a safety plan;
(3) when the parent has abandoned the child or is unavailable to follow a safety plan; or
(4) when the parent has chronic substance use disorder issues and is unable to parent the child.
Sec. 4. Minnesota Statutes 2024, section 260.68, subdivision 2, is amended to read:
Subd. 2. Case review. (a) Each responsible social services agency shall conduct a review of all child welfare cases for African American and other disproportionately represented children handled by the agency. Each responsible social services agency shall create a summary report of trends identified under paragraphs (b) and (c), a remediation plan as provided in paragraph (d), and an update on implementation of any previous remediation plans. The first report shall be provided to the African American Child Well-Being Advisory Council, the commissioner, and the chairs and ranking minority members of the legislative committees with jurisdiction over child welfare by October 1, 2029, and annually thereafter. For purposes of determining outcomes in this subdivision, responsible social services agencies shall use guidance from the commissioner. The commissioner shall provide guidance starting on November 1, 2028, and annually thereafter.
(1) the number of African
American and disproportionately represented children represented in the county
child welfare protection system;
(2) the number and sources of maltreatment reports received and reports screened in for investigation or referred for family assessment and the race of the children and parents or custodians involved in each report;
(3) the number and race of children and parents or custodians who receive in-home preventive case management services;
(4) the number and race of children whose parents or custodians are referred to community-based, culturally appropriate, strength-based, or trauma-informed services;
(5) the number and race of children removed from their homes;
(6) the number and race of children reunified with their parents or custodians;
(7) the number and race of children whose parents or custodians are offered family group decision-making services;
(8) the number and race of children whose parents or custodians are offered the parent support outreach program;
(9) the number and race of children in foster care or out-of-home placement at the time that the data is gathered;
(10) the number and race of children who achieve permanency through a transfer of permanent legal and physical custody to a relative or an adoption; and
(11) the number and race of children who are under the guardianship of the commissioner or awaiting a permanency disposition.
(c) The required case review must also:
(1) identify barriers to reunifying children with their families;
(2) identify the family conditions that led to the out-of-home placement;
(3) identify any barriers to accessing culturally informed mental health or substance use disorder treatment services for the parents or children;
(4) document efforts to identify fathers and maternal and paternal relatives and to provide services to custodial and noncustodial fathers, if appropriate; and
(5) document and summarize court reviews of active efforts.
(d) Any responsible social services agency that has a case review showing disproportionality and disparities in child welfare outcomes for African American and other disproportionately represented children and the children's families, compared to the agency's overall outcomes, must include in their case review summary report a remediation plan with measurable outcomes to identify, address, and reduce the factors that led to the disproportionality and disparities in the agency's child welfare outcomes. The remediation plan shall also include information about how the responsible social services agency will achieve and document trauma-informed, positive child well-being outcomes through remediation efforts.
Subdivision 1. Applicability. (a) The commissioner of children,
youth, and families must collaborate with the Children's Justice Initiative to
ensure that cultural competency training is given or made available to
individuals working in the child welfare system, including child welfare
workers and supervisors. Training must
developed by the Child Welfare Training Academy may also be made
available to attorneys, juvenile court judges, guardians ad litem, and
family law judges. The commissioner
must give priority to child welfare workers and supervisors for in‑person
trainings or other trainings with limited attendance or availability.
(b) This subdivision
does not require the commissioner or the Child Welfare Training Academy to
develop or provide training specifically for attorneys, juvenile court judges,
guardians ad litem, family law judges, or any other individuals beyond the primary
training audiences required to be served under Laws 2019, First Special Session
chapter 9, article 1, section 37, subdivision 2, paragraph (e).
Sec. 6. Minnesota Statutes 2025 Supplement, section 260.691, subdivision 1, is amended to read:
Subdivision 1. Establishment and duties. (a) The African American Child and Family Well-Being Advisory Council is established for the Department of Children, Youth, and Families.
(b) The council shall consist of 31 members appointed by the commissioner and must include representatives with lived personal or professional experience within African American communities. Members may include but are not limited to youth who have exited the child welfare system; parents; legal custodians; relative and kinship caregivers or foster care providers; community service providers, advocates, and members; county and private social services agency case managers; representatives from faith-based institutions; academic professionals; a representative from the Council for Minnesotans of African Heritage; the Ombudsperson for African American Families; and other individuals with experience and knowledge of African American communities. Council members must be selected through an open appointments process under section 15.0597. The terms, compensation, and removal of council members are governed by section 15.059.
(c) The council must:
(1) review annual reports related to African American children involved in the child welfare system. These reports may include but are not limited to the maltreatment, out-of-home placement, and permanency of African American children;
(2) assist with and make recommendations to the commissioner for developing strategies to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote culturally appropriate foster care and shelter or facility placement decisions and settings for African American children in need of out-of-home placement, ensure timely achievement of permanency, and improve child welfare outcomes for African American children and their families;
(3) review summary reports on targeted case reviews prepared by the commissioner to ensure that responsible social services agencies meet the needs of African American children and their families. Based on data collected from those reviews, the council shall assist the commissioner with developing strategies needed to improve any identified child welfare outcomes, including but not limited to maltreatment, out-of-home placement, and permanency for African American children;
(4) make recommendations to the commissioner and the legislature for public policy and statutory changes that specifically consider the needs of African American children and their families involved in the child welfare system;
(6) assist the commissioner
with developing strategies for public messaging and communication related to
racial disproportionality and disparities in child welfare outcomes for
African American children and their families;
(7) assist the commissioner with identifying and developing internal and external partnerships to support adequate access to services and resources for African American children and their families, including but not limited to housing assistance, employment assistance, food and nutrition support, health care, child care assistance, and educational support and training; and
(8) assist the commissioner with developing strategies to promote the development of a culturally diverse and representative child welfare workforce in Minnesota that includes professionals who are reflective of the community served and who have been directly impacted by lived experiences within the child welfare system. The council must also assist the commissioner with exploring strategies and partnerships to address education and training needs, hiring, recruitment, retention, and professional advancement practices.
Sec. 7. Minnesota Statutes 2025 Supplement, section 260.692, subdivision 1, is amended to read:
Subdivision 1. Duties. The African American Child and Family Well-Being Unit, currently established by the commissioner, must:
(1) assist with the development of African American cultural competency training and review child welfare curriculum in the Minnesota Child Welfare Training Academy to ensure that responsible social services agency staff and other child welfare professionals are appropriately prepared to engage with African American children and their families and to support family preservation and reunification;
(2) provide technical assistance, including on-site technical assistance, and case consultation to responsible social services agencies to assist agencies with implementing and complying with the Minnesota African American Family Preservation and Child Welfare Disproportionality Act;
(3) monitor individual
county and statewide disaggregated and nondisaggregated data to identify trends
and patterns in child welfare outcomes, including but not limited to reporting,
maltreatment, out-of-home placement, and permanency of African American
children and develop strategies to address disproportionality and
disparities in the child welfare system;
(4) develop and implement a system for conducting case reviews when the commissioner receives reports of noncompliance with the Minnesota African American Family Preservation and Child Welfare Disproportionality Act or when requested by the parent or custodian of an African American child. Case reviews may include but are not limited to a review of placement prevention efforts, safety planning, case planning and service provision by the responsible social services agency, relative placement consideration, and permanency planning;
(5) establish and administer a request for proposals process for African American and disproportionately represented family preservation grants under section 260.693, monitor grant activities, and provide technical assistance to grantees;
(6) in coordination with the African American Child and Family Well-Being Advisory Council, coordinate services and create internal and external partnerships to support adequate access to services and resources for African American children and their families, including but not limited to housing assistance, employment assistance, food and nutrition support, health care, child care assistance, and educational support and training; and
Sec. 8. Minnesota Statutes 2025 Supplement, section 260.692, subdivision 2, is amended to read:
Subd. 2. Case reviews. (a) The African American Child and Family Well-Being Unit must conduct systemic case reviews to monitor targeted child welfare outcomes, including but not limited to maltreatment, out-of-home placement, and permanency of African American children.
(b) The reviews under this
subdivision must be conducted using a random sampling of representative child welfare
protection cases stratified for certain case related factors, including
but not limited to case type, maltreatment type, if the case involves
out-of-home placement, and other demographic variables. In conducting the reviews, unit staff may use
court records and documents, information from the social services information
system, and other available case file information to complete the case reviews.
(c) The frequency of the reviews and the number of cases, child welfare outcomes, and selected counties reviewed shall be determined by the unit in consultation with the African American Child and Family Well-Being Advisory Council, with consideration given to the availability of unit resources needed to conduct the reviews.
(d) The unit must monitor all case reviews and use the collective case review information and data to generate summary case review reports, ensure compliance with the Minnesota African American Family Preservation and Child Welfare Disproportionality Act, and identify trends or patterns in child welfare outcomes for African American children.
(e) The unit must review
information from members of the public received through the compliance and
feedback portal, including policy and practice concerns related to individual
child welfare protection cases.
After assessing a case concern, the unit may determine if further
necessary action should be taken, which may include coordinating case
remediation with other relevant child welfare agencies in accordance with data
privacy laws, including the African American Child and Family Well-Being
Advisory Council, and offering case consultation and technical assistance to
the responsible local social services agency as needed or requested by the
agency.
Sec. 9. Minnesota Statutes 2025 Supplement, section 260.692, subdivision 3, is amended to read:
Subd. 3. Reports. (a) The African American Child and Family Well-Being Unit must provide regular updates on unit activities, including summary reports of case reviews, to the African American Child and Family Well-Being Advisory Council, and must publish an annual census of African American children in out-of-home placements statewide. The annual census must include data on the types of placements, age and sex of the children, how long the children have been in out-of-home placements, and other relevant demographic information.
(b) The African American
Child and Family Well-Being Unit shall gather summary data about the practice
and policy inquiries and individual case concerns received through the
compliance and feedback portal under subdivision 2, paragraph (e). The unit shall provide regular reports of the
nonidentifying compliance and feedback portal summary data to the African
American Child and Family Well-Being Advisory Council to identify child welfare
trends and patterns to assist with developing policy and practice recommendations
to support eliminating disparity and disproportionality disparities
for African American children.
Sec. 10. Minnesota Statutes 2024, section 260.693, subdivision 2, is amended to read:
Subd. 2. Eligible services. (a) Services eligible for grants under this section include but are not limited to:
(1) child out-of-home placement prevention and reunification services;
(2) family-based services and reunification therapy;
(4) court advocacy;
(5) training for and consultation to responsible social services agencies and private social services agencies regarding this act;
(6) development and
promotion of culturally informed, affirming, and responsive community-based
prevention and family preservation services that target the children, youth,
families, and communities of African American and African heritage experiencing
the highest disparities, disproportionality, and overrepresentation in
the Minnesota child welfare system;
(7) culturally affirming and responsive services that work with children and families in their communities to address their needs and ensure child and family safety and well-being within a culturally appropriate lens and framework;
(8) services to support informal kinship care arrangements; and
(9) other activities and services approved by the commissioner that further the goals of the Minnesota African American Family Preservation and Child Welfare Disproportionality Act, including but not limited to the recruitment of African American staff and staff from other communities disproportionately represented in the child welfare system to work for responsible social services agencies and licensed child-placing agencies.
(b) The commissioner may
specify the priority of an activity and service based on its success in
furthering these goals. The commissioner
shall give preference to programs and service providers that are located in or
serve counties with the highest rates of child welfare disproportionality
disproportionate representation for African American and other
disproportionately represented children and their families and employ staff who
represent the population primarily served.
Sec. 11. [260.694]
MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND CHILD WELFARE
DISPROPORTIONALITY GRANT ALLOCATION.
Subdivision 1. Formula for county staffing and services funds. (a) The commissioner shall allocate state funds appropriated under this section to each county board on a calendar year basis in an amount determined according to the following formula:
(1) 50 percent must be distributed on the basis of the child population residing in the county as determined by the most recent data of the state demographer;
(2) 25 percent must be distributed on the basis of the number of screened-in reports of child maltreatment under chapter 260E, and in the county as determined by the most recent data of the commissioner; and
(3) 25 percent must be distributed on the basis of the number of open child protection case management cases in the county as determined by the most recent data of the commissioner.
(b) Notwithstanding this
subdivision, no county shall be awarded an allocation of less than $100,000.
Subd. 2. Prohibition
on supplanting existing funds. Funds
received under this section must be used to address staffing and services
needed for child protection and expansion of child protection services,
including making active efforts to prevent entry into the child protection
system, prevent out-of-home placement, reunify children with families, and
finalize alternative permanency arrangements if reunification is not an option. Funds must not be used to supplant current
county expenditures for these purposes but may be used to maintain staff and
services paid for by temporary funding.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
EFFECTIVE DATE. This section is effective January 1, 2027, except subdivision 2 is effective July 1, 2027, and except as provided under section 20.
Sec. 13. Laws 2024, chapter 117, section 21, is amended to read:
Sec. 21. MINNESOTA
AFRICAN AMERICAN FAMILY PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT;
WORKING GROUP.
(a) The commissioner of human services must establish a working group to provide guidance and oversight for the Minnesota African American Family Preservation and Child Welfare Disproportionality Act phase-in program.
(b) The members of the working group must include representatives from the Minnesota Association of County Social Service Administrators, the Association of Minnesota Counties, the Minnesota Inter-County Association, the Minnesota County Attorneys Association, Hennepin County, Ramsey County, the Department of Human Services, and community organizations with experience in child welfare. The legislature may provide recommendations to the commissioner on the selection of the representatives from the community organizations.
(c) The working group must provide oversight of the phase-in program and evaluate the cost of the phase-in program. The working group must also assess future costs of implementing the Minnesota African American Family Preservation and Child Welfare Disproportionality Act statewide.
(d) By January 1, 2026, the working group must develop and submit an interim report to the chairs and ranking minority members of the legislative committees with jurisdiction over child welfare detailing initial needs for the implementation of the Minnesota African American Family Preservation and Child Welfare Disproportionality Act. The interim report must also include recommendations for any statutory or policy changes necessary to implement the act.
(e) By September 1, 2026, the working group must develop an implementation plan and best practices for the Minnesota African American Family Preservation and Child Welfare Disproportionality Act to go into effect statewide.
(f) The working group
under this section expires December 31, 2026.
Sec. 14. REPEALER.
Minnesota Statutes 2024,
section 260.63, subdivision 9, is repealed.
ARTICLE 12
CHILD CARE CENTER LICENSING MODERNIZATION
Section 1. [142H.01]
DEFINITIONS.
Subdivision 1. Scope. For the purposes of this chapter, the
terms in this section have the meanings given.
Subd. 2. Accessible
to children. "Accessible
to children" means capable of being reached or utilized by a child without
the aid of an adult.
Subd. 3. Accredited. "Accredited" means a
postsecondary institution or technical college recognized and listed in The
Database of Accredited Postsecondary Institutions and Programs maintained by
the United States Department of Education.
Subd. 4. Age
categories. (a)
"Infant" means a child who is at least six weeks old but less than 16
months old.
(b) "Toddler" means a child who is at least 16 months old but less than 33 months old.
(c) "Preschooler" means a child who is at least 33 months old up to school age.
(d) "School
age" means a child who is at least of sufficient age to have attended the
first day of kindergarten, or is eligible to enter kindergarten within the next
four months, but is younger than 13 years of age. A child who becomes 13 during the school year
may continue to be considered a school-age child for the remainder of the
school year.
Subd. 5. Applicant. "Applicant" has the meaning
given in section 142B.01, subdivision 4.
Subd. 6. Arrival
and departure times. "Arrival
and departure times" means the times when children typically arrive at or
depart from a center. A center cannot
designate more than 25 percent of licensed hours of operation as arrival and
departure times. The designated arrival
and departure times must be used at the beginning or end of a center's licensed
hours of operation.
Subd. 7. Building
official. "Building
official" means the person appointed pursuant to section 326B.133 to
administer the State Building Code or the building official's authorized
representative.
Subd. 8. Center. "Center" means a child care
program that is not excluded by section 142B.05, subdivision 2, and is not a
family child care program, as defined in section 142I.01, subdivision 22.
Subd. 9. Child. "Child" means a person
receiving child care services who falls within the age categories in
subdivision 4.
Subd. 10. Child
care program. "Child
care program" means the organization or arrangement of activities,
personnel, materials, and equipment in a facility to promote the physical,
intellectual, social, and emotional development of a child in the absence of
the parent for a period of less than 24 hours a day.
Subd. 11. Child
care program plan. "Child
care program plan" means the written document that states specific
activities that will be provided by the license holder to promote the physical,
intellectual, social, and emotional development of the children enrolled in the
center.
Subd. 12. Clean. "Clean" means free from dirt
or other contaminants that can be detected by sight, smell, or touch.
Subd. 13. Commissioner. "Commissioner" means the
commissioner of children, youth, and families or the commissioner's designated
representative, including county agencies and private agencies.
Subd. 14. Day
program. "Day
program" means a nonresidential child care program that operates during
waking hours and does not provide overnight care.
Subd. 15. Department. "Department" means the
Department of Children, Youth, and Families.
Subd. 16. Direct
contact. "Direct
contact" has the meaning given in section 245C.02, subdivision 11.
Subd. 17. Disinfected. "Disinfected" means the
chemical process to kill most germs and viruses on surfaces and objects after
they have been cleaned.
Subd. 18. Drop-in
child care program. "Drop-in
child care program" means a nonresidential program of child care in which
children participate on a onetime only or occasional basis up to a maximum of
90 hours per child, per month.
Subd. 19. Experience. "Experience" means paid or
unpaid employment:
(1) caring for children
as a teacher, assistant teacher, aide, or student intern:
(i) in a licensed child
care center, a licensed family child care program, or a Tribally licensed child
care program in any United States state or territory; or
(ii) in a public or
nonpublic school;
(2) caring for children
as a staff person or unsupervised volunteer in a certified license-exempt child
care center under chapter 142C; or
(3) providing direct
contact services in a home or residential facility serving children with
disabilities that requires a background study under section 245C.03.
Subd. 20. Facility. "Facility" means the indoor
and outdoor space where a child care program is provided.
Subd. 21. Fire
marshal. "Fire
marshal" means the person designated by section 299F.011 to administer and
enforce the State Fire Code or the fire marshal's authorized representative.
Subd. 22. Health
care provider. "Health
care provider" means a physician or physician's assistant licensed to
practice medicine under chapter 147 or an advanced practice registered nurse
licensed under chapter 148.
Subd. 23. Health
consultant. "Health
consultant" means a registered nurse, a public health nurse, or a health
care provider as defined in subdivision 22 who performs health consultation
services for a child care center pursuant to section 142H.29, subdivision 2.
Subd. 24. Inaccessible
to children. "Inaccessible
to children" means not capable of being reached or utilized by a child
without the aid of an adult.
Subd. 25. License. "License" has the meaning
given in section 142B.01, subdivision 16.
Subd. 26. License
holder. "License
holder" has the meaning given in section 142B.01, subdivision 17.
Subd. 27. Licensed
capacity. "Licensed
capacity" means the maximum number of children permitted at any one time
in the program for which the license holder is licensed to operate.
Subd. 28. Medication. "Medication" means any
substance or preparation that is used to prevent or treat a wound, injury,
infection, and disease; maintain health; heal; or relieve pain. This includes medication that is over the
counter, or prescribed by a physician, physician assistant, dentist, or advance
practice registered nurse certified to prescribe medication, and permitted by
the parent for administration or application.
This term applies to medication taken internally or applied externally.
Subd. 29. Night
care program. "Night
care program" means a nonresidential child care program that provides
overnight care to children during sleeping hours, approximately 11:00 p.m. to
5:00 a.m. Night care programs are subject to the requirements in section
142H.16.
Subd. 30. Parent. "Parent" means the person or
persons who has the legal responsibility for a child such as the child's
mother, father, or legally appointed guardian.
Subd. 31. Program
staff person. "Program
staff person" means an employee of the child care center who carries out
the child care program plan and has direct contact with children. This includes unsupervised volunteers and
substitutes.
Subd. 32. Sick
care program. "Sick care
program" means a nonresidential child care program that exclusively cares
for sick children. Sick care programs
are subject to the requirements in section 142H.19.
Subd. 33. Staff
supervision. "Staff
supervision" means responsibility to hire, train, assign duties, and
direct staff in day-to-day activities and evaluate staff performance. A "supervisor" is a person with
staff supervision responsibility.
Subd. 34. State
Building Code. "State
Building Code" means the codes and regulations adopted by the commissioner
of the administration according to section 326B.101, and contained in Minnesota
Rules, chapter 1300.
Subd. 35. State
Fire Code. "State Fire
Code" means the codes and regulations adopted by the state fire marshal
pursuant to section 299F.011, and contained in Minnesota Rules, chapter 7511.
Subd. 36. Student
intern. "Student
intern" means a student of a postsecondary institution assigned by that
institution for a supervised experience with children. The experience must be in a licensed center,
an elementary school operated by the commissioner of education or a legally
constituted local school board, or a private school approved under rules
administered by the commissioner of education.
Student intern includes a person who is practice teaching, student
teaching, or carrying out a practicum or internship.
Subd. 37. Substitute. "Substitute" means a person
who is temporarily filling a position as a director, teacher, assistant
teacher, or aide in a licensed child care center for less than 500 hours total
in a calendar year due to the absence of a regularly employed program staff
person.
Subd. 38. Supervision of children. "Supervision of children" means when a program staff person:
(1) is accountable for
the child's care;
(2) is able to intervene
to protect the health and safety of the child; and
(3) is within sight and
hearing of the child at all times, except as described in section 142H.24,
subdivision 1.
Subd. 39. Variance. "Variance" means written permission by the department for a license holder or applicant to depart from the provisions of a requirement in this chapter pursuant to section 142B.10, subdivision 16.
Subd. 40. Volunteer. (a) "Volunteer" means an
individual who assists in the care of a child and is not employed by the child
care center.
(b) "Supervised
volunteer" means a volunteer who may only have direct contact with
children when a program staff person is able to intervene to protect the health
and safety of children.
(c) "Unsupervised
volunteer" means a volunteer who may have direct contact with children
without a program staff person present, must receive the training required
under section 142H.08, and may be counted in the staff‑to‑child ratios under
section 142H.10.
(a) No child care center
may operate in Minnesota without a license pursuant to this chapter and chapter
142B. An applicant for a license and the
license holder is governed by, and must comply with, the general requirements
in this chapter and chapters 142B, 245C, and 260E.
(b) The department may
grant variances to the requirements in this chapter if the conditions in
section 142B.10, subdivision 16, are met.
Sec. 3. [142H.03]
OPERATING OPTIONS.
A license holder must
operate a day program, drop-in child care program, night care program, sick
child care program, or a combination of two or more kinds of programs.
Sec. 4. [142H.04]
POLICIES AND PROCEDURES FOR PROGRAM ADMINISTRATION.
(a) The license holder
must maintain and enforce program policies and procedures necessary to comply
with licensing requirements under Minnesota Statutes and Minnesota Rules.
(b) The license holder
must:
(1) provide training to
employees and volunteers related to their duties in implementing the program's
policies and procedures developed under paragraph (a);
(2) document the
provision of this training; and
(3) monitor
implementation of policies and procedures by employees and volunteers.
(c) The license holder
must keep program policies and procedures readily accessible to employees and
volunteers and index the policies and procedures with a table of contents or
another method approved by the commissioner.
Sec. 5. [142H.05]
DIRECTORS.
Subdivision 1. General requirements for a director. (a) A center must have a director who is responsible for overseeing implementation of written policies relating to the management and control of the daily activities of the program, ensuring the health and safety of program participants, and supervising staff and volunteers.
(b) A director must:
(1) be at least 21 years
old;
(2) be a graduate of a high school or hold an equivalent diploma attained through successful completion of the commissioner of education-selected high school equivalency test pursuant to section 124D.549;
(3) have at least 1,040
hours of paid or unpaid staff supervision experience; and
(4) have at least 12
semester credits in accredited coursework in postsecondary child development
education, supervision, management, administration, or leadership or 120 hours
of training earned in the topics of child development, supervision, management,
administration, or leadership.
(c)
Paragraph (b), clauses (3) and (4), are satisfied if an individual has
completed a Minnesota Association for the Education of Young Children early
childhood director's credential; Child Care Aware Minnesota director's
credential; Montessori administrator credential; or diploma issued by the
American Montessori Society, Association Montessori International, or an
institution accredited by the Montessori Accreditation Council for Teacher
Education.
Subd. 2. Director
or designee on site. (a) The
director or a designee must be on site while the center is in operation.
(b) Any program staff
person who is at least 18 years old may serve as the designee. The designee does not have to meet the
director qualifications in subdivision 1 but must be aware of the designation
and be able to perform the responsibilities.
Subd. 3. Director
functioning as a teacher. Notwithstanding
section 142H.06, a director may be used as a teacher in any classroom as
needed.
Subd. 4. Incumbent
director recognition. Notwithstanding
subdivision 1, an individual who is designated as the director of a licensed
child care center on July 1, 2027, meets the director qualification
requirements of this section as long as the individual continues to work at the
program.
Sec. 6. [142H.06]
TEACHERS.
Subdivision 1. Teacher
general qualifications. A
teacher must:
(1) be at least 18 years
old; and
(2) be a graduate of a
high school or hold an equivalent diploma attained through successful
completion of the commissioner of education-selected high school equivalency
test pursuant to section 124D.549.
Subd. 2. Teacher
education and experience requirements.
In addition to the general requirements in subdivision 1, a
teacher must have at least one of:
(1) 12 postsecondary semester credits and 480 hours of experience;
(2) 100 hours of
commissioner-approved training within the previous five years and 480 hours of
experience. After initial qualification,
a teacher qualified under this clause must fulfill at least 50 percent of
in-service training requirements under section 142H.09, subdivision 10, with
commissioner-approved trainings;
(3) a credential or
diploma from the American Montessori Society, Association Montessori
International, or an institution accredited by the Montessori Accreditation
Council for Teacher Education;
(4) an accredited
certificate in child development or early childhood education from a
postsecondary institution;
(5) an accredited
diploma, associate's degree, or bachelor's degree in child development or early
childhood education from a postsecondary institution; or
(6) a Child Development
Associate (CDA) credential;
Sec. 7. [142H.07]
ASSISTANT TEACHERS.
Subdivision 1. Assistant
teacher general qualifications. An
assistant teacher must work under the supervision of a teacher and be:
(1) at least 18 years
old; and
(2) a
graduate of a high school or hold an equivalent diploma attained through
successful completion of the commissioner of education-selected high school
equivalency test.
Subd. 2. Assistant
teacher education and experience requirements. In addition to the general
requirements in subdivision 1, an assistant teacher must have at least one of:
(1) at least six
postsecondary semester credits;
(2) at least 50 hours of
commissioner-approved training within the previous five years. After initial qualification, an assistant
teacher qualified under this clause must fulfill at least 50 percent of
in-service training requirements under section 142H.09, subdivision 10, with
commissioner-approved trainings; or
(3) at least 160 hours of
experience and be making progress toward any of the teacher qualifications in
section 142H.06, subdivision 2, clauses (3) to (6). An assistant teacher qualified under this
clause must be able to provide:
(i) documentation of
current enrollment; and
(ii) evidence of working
toward the successful completion of the credential.
Sec. 8. [142H.08]
AIDES, VOLUNTEERS, AND SUBSTITUTES.
Subdivision 1. Aide qualifications. (a) An aide must work under the supervision of a teacher or assistant teacher, except when performing the tasks in paragraph (b). An aide must be used pursuant to the staff distribution requirements in section 142H.10, subdivision 2.
(b) An aide may work without being supervised by a teacher or assistant teacher when they are assisting with the supervision of sleeping children; assisting children with washing, toileting, and diapering; or accompanying children to and from the bus stop.
(c) An aide must be at
least 16 years old.
Subd. 2. Volunteers. (a) A volunteer may work as a teacher,
assistant teacher, aide, or substitute if the volunteer meets the requirements
of that position.
(b) The license holder must maintain a list of all volunteers with relevant information, including first and last name, whether the volunteer must be supervised at all times or may occasionally be unsupervised, and the first date of direct contact with children.
(c) Unsupervised volunteers must successfully complete training as required in section 142H.09.
(d) Supervised volunteers
must successfully complete the training required in section 142H.09,
subdivision 7.
Subd. 3. Substitutes. (a) A substitute must either meet the
requirements for the assigned staff position or be designated as an unqualified
substitute by the director or the director designee. A director or director designee can designate
a substitute as unqualified if:
(1) a teacher is
continuously on site, except as provided in section 142H.10, subdivision 2,
paragraph (e);
(2) when substituting as
a teacher or assistant teacher, the unqualified substitute is aware of the
unqualified substitute's designated staffing position; and
(3) the unqualified substitute is at
least 18 years of age.
(b)
All substitutes must successfully complete the required training under section
142H.09.
Subd. 4. Tracking
unqualified substitute hours. (a)
The license holder must document the use of unqualified substitute hours on the
day the unqualified substitute works.
(b) In a calendar year, a license holder must not use unqualified substitutes more than 60 hours multiplied by the number of the center's classrooms.
(c) A license holder
must maintain a log of the use of unqualified substitutes in the center
administrative record for review by the commissioner. The log must be on a form prescribed by the
commissioner.
Sec. 9. [142H.09]
STAFF ORIENTATION AND TRAINING.
Subdivision 1. Orientation training. (a) Program staff persons must complete orientation training before providing direct contact services to a child.
(b) The orientation
training must include the following topics:
(1) abusive head trauma
for staff working with a child under school age pursuant to subdivision 8;
(2) the center's policy
on administration of medication pursuant to section 142H.29, subdivision 5;
(3) the center's policy
on allergy prevention and response pursuant to section 142H.15, subdivision 5;
(4) the center's policy
on behavior guidance pursuant to section 142H.13;
(5) child passenger
restraint systems pursuant to subdivision 9;
(6) the center's child
care program plan pursuant to section 142H.11;
(7) the center's policy
on cleaning, sanitizing, and disinfecting pursuant to section 142H.31;
(8) the center's emergency preparedness plan and procedures pursuant to section 142H.23, subdivision 1;
(9) procedures for the
handling and disposal of bodily fluids pursuant to section 142H.29, subdivision
10;
(10) the center's emergency and accident policies pursuant to section 142H.23, subdivision 2;
(11) the center's health
policies pursuant to section 142H.29;
(12) individual child
care program plan or plans pursuant to section 142H.15, if applicable;
(13) job
responsibilities specific to the individual's position at the center;
(14) prevention and
control of infectious diseases pursuant to section 142H.18;
(15) the center's policy
on research, cameras, and social media participation procedures pursuant to
section 142H.22;
(16) the center's policy
on the use of alcohol, drugs, and tobacco products pursuant to section 142B.10,
subdivision 1, paragraph (c);
(17)
recognition and reporting of maltreatment, abuse and neglect pursuant to
chapter 260E;
(18) the center's risk
reduction plan pursuant to section 142H.24;
(19) reduction of risk
of sudden unexpected infant death pursuant to the requirements of subdivision 7
and section 142B.46; and
(20) transportation and
field trip safety procedures pursuant to section 142H.33.
(c) Training for
orientation may be used to meet in-service training requirements.
Subd. 2. Child
care basics training. (a) Any
program staff person hired after July 1, 2027, must complete child care
licensing basics training no more than 90 days after the first date of direct
contact with a child, unless the person has completed the training within the
previous two years.
(b) Child care basics
training covers information on effectively working in a child care center
setting in Minnesota. Child care basics
training must be developed and updated by the commissioner. Child care basics training may be used to
meet in-service training requirements.
Subd. 3. Child
development and learning training. (a)
Program staff persons must complete at least two hours of child development and
learning training within 90 days after the first date of direct contact with a
child and every two calendar years thereafter.
For the purposes of this subdivision, "child development and
learning training" means any training in understanding how children
develop physically, cognitively, emotionally, and socially and learn as part of
the children's family, culture, and community.
(b) An individual is
exempt from this subdivision if the individual:
(1) has taken a
three-credit college course on early childhood development within the past five
years;
(2) has received a
bachelor's or master's degree in early childhood education or school-age child
care within the past five years;
(3) is licensed in
Minnesota as a prekindergarten teacher, an early childhood educator, a
kindergarten to sixth grade teacher with a prekindergarten specialty, an early
childhood special education teacher, or an elementary teacher with a
kindergarten endorsement; or
(4) has received a
Montessori certificate or diploma issued by American Montessori Society,
Association Montessori International, or an institution accredited by the
Montessori Accreditation Council for Teacher Education within the past five
years.
Subd. 4. Pediatric
first aid. (a) Before direct
contact with a child, a program staff person must satisfactorily complete
pediatric first aid. Pediatric first aid
training completed within the previous two calendar years meets this
requirement.
(b) Notwithstanding
paragraph (a), a program staff person who has yet to complete initial pediatric
first aid training may provide direct contact services within 90 days after the
first date of direct contact with a child while under the continuous direct
supervision of an individual who has met the pediatric first aid training
requirements of this subdivision. For
purposes of this paragraph, "continuous direct supervision" means the
program staff person is within sight or hearing of the program's supervising
individual and the program's supervising individual is capable at all times of
intervening to protect the health and safety of the children served by the
program.
(c)
The first aid training must have been provided by an individual approved to
provide pediatric first aid instruction.
(d) A program staff
person must complete training in pediatric first aid every two calendar years. Documentation of the training must be
maintained at the center.
(e) Online training
reviewed and approved by the commissioner satisfies the training requirement of
this subdivision.
(f) Pediatric first aid
training in this subdivision must not be used to meet in-service training
requirements under subdivision 10.
Subd. 5. Pediatric
cardiopulmonary resuscitation. (a)
Before direct contact with a child, a program staff person must satisfactorily
complete pediatric cardiopulmonary resuscitation (CPR) training, including CPR
techniques for infants and children and the treatment of obstructed airways. Pediatric CPR training completed within the
previous two calendar years meets this requirement.
(b) Notwithstanding
paragraph (a), a program staff person who has yet to complete initial pediatric
CPR training may provide direct contact services within 90 days after the first
date of direct contact with a child, if they are under the continuous direct
supervision of an individual who has met pediatric CPR training requirements
under this subdivision. For the purposes
of this paragraph, "continuous direct supervision" means the
individual is within sight or hearing of the program's supervising individual
to the extent that the program's supervising individual is capable at all times
of intervening to protect the health and safety of the children served by the
program.
(c) A program staff
person must complete training in pediatric CPR every two calendar years. A center must maintain documentation of the
trainings on site.
(d) A pediatric CPR
training under this subdivision must incorporate a hands-on skill session to
support the instruction and have been developed:
(1) by the American
Heart Association or the American Red Cross; or
(2) using nationally
recognized, evidence-based guidelines for pediatric CPR training.
(e) Pediatric CPR
training must not be used to meet in-service training requirements under
subdivision 10.
Subd. 6. Sudden
unexpected infant death training. (a)
Before direct contact with infants, program staff persons and volunteers must
receive training on the standards under section 142B.46 and on reducing the
risk of sudden unexpected infant death during orientation and each calendar
year thereafter.
(b) Sudden unexpected
infant death reduction training required under this subdivision must be at
least one-half hour in length and include at minimum the infant sleep standards
under section 142B.46, the risk factors related to sudden unexpected infant death,
methods of reducing the risk of sudden unexpected infant death in child care,
and license holder communication with parents regarding reducing the risk of
sudden unexpected infant death.
(c) Training taken under this subdivision may be used to meet the in-service training requirements under subdivision 10.
Subd. 7. Abusive
head trauma training. (a)
Before direct contact with children under school age, a program staff person
must receive training on the risk of abusive head trauma during orientation and
each calendar year thereafter.
(b)
Abusive head trauma training under this subdivision must be at least one-half
hour in length and include at minimum the risk factors related to shaking
infants and young children, methods of reducing the risk of abusive head trauma
in child care, and license holder communication with parents regarding reducing
the risk of abusive head trauma.
(c) training taken under
this subdivision may be used to meet the in-service training requirements under
subdivision 10.
Subd. 8. Child
passenger restraint systems; training requirement. (a) Before a license holder transports
a child or children under age nine in a motor vehicle, the person placing the
child or children in a passenger restraint must satisfactorily complete
training on the proper use and installation of child restraint systems in motor
vehicles.
(b) Training required
under this subdivision must be repeated at least once every five years and
include at minimum the proper use of child restraint systems based on the size,
weight, and age of the child and the proper installation of a car seat or booster
seat in the motor vehicle used by the license holder to transport the child or
children.
(c) Training required under this subdivision must be provided by individuals who are certified and approved by the Department of Public Safety, Office of Traffic Safety.
(d) Training completed
under this subdivision may be used to meet in-service training requirements
under subdivision 10. Staff training
completed within the previous five years is transferable upon change in
employment to another child care center.
Subd. 9. In-service
training requirements. (a) A
license holder must ensure that program staff persons complete in-service
training.
(b) In-service training
completed within the past 12 months by a program staff person that is not
specific to a child care center is transferable upon the program staff person's
change in employment to another child care program. The program staff person must provide
documentation of the completed training to the new child care program.
(c) All program staff
persons, except substitutes and unsupervised volunteers, who work more than 20
hours per week must complete at least 20 hours of in-service training each
calendar year.
(d) All program staff
persons, except substitutes and unsupervised volunteers, who work 20 hours or
less per week must complete at least ten hours of in-service training each
calendar year.
(e) Substitutes and
unsupervised volunteers must complete a minimum of two hours of training each
calendar year and the training must include the topics identified under
subdivision 11.
(f) The number of
in-service training hours may be prorated for center directors and program
staff persons not employed for an entire year or on a documented leave of
absence.
(g) Pediatric first aid
and pediatric CPR training must not be used to meet in-service training
requirements.
Subd. 10. In-service
content. (a) Each calendar
year, in-service training must include the following:
(1) abusive head trauma
training of at least one-half hour duration for individuals working with a
child under school age pursuant to subdivision 8;
(2) the center policies and procedures
for maintaining health and safety, including:
(i)
allergy prevention and response training pursuant to section 142H.15,
subdivision 5;
(ii) emergency
preparedness and procedures pursuant to section 142H.23, subdivision 1;
(iii) handling
emergencies, accidents, incidents, and injuries pursuant to section 142H.23,
subdivision 2; and
(iv) handling and
disposal of bodily fluids pursuant to section 142H.29, subdivision 10;
(3) maltreatment, abuse,
and neglect reporting pursuant to chapter 260E;
(4) reduction of risk of
sudden unexpected infant death training of at least one-half hour duration for
individuals working with infants pursuant to the requirements of subdivision 7
and section 142B.46;
(5) a risk reduction plan
pursuant to section 142H.24;
(6) the center policies
and procedures on behavior guidance pursuant to section 142H.13; and
(7) the center policies
and procedures on supervision pursuant to section 142H.24.
(b) At least once every
two calendar years, in-service training must include the following:
(1) child development and
learning pursuant to subdivision 4;
(2) at least one hour on cultural awareness and inclusion;
(3) pediatric first aid
that meets the requirements of subdivision 5;
(4) pediatric
cardiopulmonary resuscitation training that meets the requirements of
subdivision 5; and
(5) at least one hour on
identifying and supporting children with special needs.
(c) At least once every
five calendar years, training must include child passenger restraint systems
pursuant to subdivision 9, if applicable.
(d) The remaining hours
of the in-service training requirement must be met by completing training in
the Minnesota knowledge and competency framework areas.
Subd. 11. Documentation required. (a) The license holder must document completed training for program staff persons in a manner prescribed by the commissioner.
(b) For pediatric first
aid and CPR trainings, the license holder must maintain copies of training
cards or certificates issued by the training organization.
Sec. 10. [142H.10]
STAFF RATIOS, GROUP SIZE, AND STAFF DISTRIBUTION.
Subdivision 1. Staff-to-child ratios and maximum group size. (a) Except as provided in this subdivision and section 142H.12 regarding naps and rest, the minimally acceptable staff-to-child ratios and the maximum group size within each age category are:
|
Age Category |
Staff-to-Child
Ratio |
Maximum Group
Size |
|
Infant |
1:4 |
8 |
|
Toddler |
1:7 |
14 |
|
Preschooler |
1:10 |
20 |
|
School-age child |
1:15 |
30 |
(b)
Except for groups that include an infant, the staff-to-child ratio may be
doubled for no more than two hours during nap time. During the nap time, there must be enough
program staff persons in the facility to meet staff‑to‑child ratio and staff
distribution requirements under paragraph (a) and subdivision 2 for the groups
in case of an emergency. The program
must return to following the staff-to-child ratios and staff distribution
requirements under paragraph (a) and subdivision 2 when the number of awake
children exceeds the number of children who could be supervised by one program
staff person under subdivision 1.
(c) The maximum group
size applies at all times except during meals, outdoor activities, field trips,
naps and rest, and special activities at the center such as guest speakers and
holiday programs.
Subd. 2. Staff distribution. (a) The license holder must ensure that the following requirements for staff distribution are met and a documented staff schedule is kept in the administrative record.
(b) Except as provided in
paragraphs (d) and (e), staff distribution within each age category must be as
follows:
(1) the first staff
member needed to meet the required staff child ratio must be a teacher;
(2) the second staff
member must have at least the qualifications of an aide;
(3) the third staff
member must have at least the qualifications of an assistant teacher; and
(4) the fourth staff
member must have at least the qualifications of an aide.
(c) Only a program staff
person can be included in meeting the staff-to-child ratios in this section.
(d) An aide must not work
alone with a child unless the aide is performing certain duties as specified in
section 142H.08, subdivision 1, paragraph (b).
(e) An assistant teacher
or an aide may be substituted for a teacher during arrival and departure times
if the total arrival and departure time does not exceed 25 percent of the
center's daily hours of operation. For
an aide to be substituted for a teacher under this subdivision, the aide must:
(1) be 18 years of age or
older;
(2) have been employed by
the child care center for a minimum of 30 days; and
(3) have completed the
training required under section 142H.09, including orientation and the training
required within the first 90 days of the first date of direct contact with a
child.
(f) A volunteer who is
included in the staff-to-child ratio must meet the requirements for the
assigned staff position in sections 142H.06 to 142H.08.
(g) The pattern in
paragraph (e) must be repeated until the number of staff needed to meet the
staff-to-child ratio for each age category has been achieved.
Subd. 3. Age
category grouping. (a) Each
center must specify arrival and departure times of the day in their program's
policies. Children in different age
categories may be grouped according to paragraphs (b) and (c).
(b) During arrival and
departure times, children in different age categories may be grouped together
if:
(1) the staff-to-child
ratio, group size, and staff distribution applied are for the age category of
the youngest child present; and
(2) the
group is divided when the number of children present reaches the maximum group
size of the youngest child present.
(c) Outside of arrival
and departure times, children in different age categories may be mixed within a
group if:
(1) infants are not
grouped with children of other age categories;
(2) there is no more than
a 36-month range in age among children in a group, unless all children in the
group are school age; and
(3) the staff-to-child ratios, group size, and staff distribution applied are for the youngest child present.
Subd. 4. Age
designation. (a) Except as
provided in this subdivision, a child must be designated as a member of the age
category that is consistent with the date of birth of the child.
(b) A child with special
health care needs must be included in the group that best meets the child's
developmental needs, best interest of the child, and in accordance with the
individual child care program plan for the child.
(c) A child may be
designated as an "infant" up to the age of 18 months if the parent,
teacher, and director determine that such a designation is in the best interest
of the child. The center must document
the determination and designation in the file of the child.
(d) A child may be
designated as a "toddler" up to the age of 35 months if the parent,
teacher, and director determine that the designation is in the best interest of
the child. The center must document the
determination and designation in the file of the child.
(e) A child may be
designated as a "preschooler" at the age of 31 months if the parent,
teacher, and director determine that the designation is in the best interest of
the child. The center must document the
determination and designation in the file of the child.
(f) When a child is
transitioning age groups pursuant to subdivision 5 and with the child's new
class, the child must be designated as if the child has already aged into the
class.
Subd. 5. Transitioning
children. (a) Transitions to
the next age group may occur up to two weeks prior to the child aging into the
next age group. The transition must be
planned in advance based on the child's readiness and in consultation with
parents and program staff.
(b) A center must develop
a written policy on transitioning children to the next age group.
Sec. 11. [142H.11]
CHILD CARE PROGRAM PLAN AND ACTIVITIES.
Subdivision 1. General
requirements. The child care
program plan must:
(1) include a statement mandating that children are supervised at all times as defined in section 142H.01, subdivision 38, and pursuant to the requirements of section 142H.24, subdivision 1;
(2) specify the age
categories and number of children to be served by the program;
(3) specify the days and
hours of operation of the program;
(4) describe the general
educational methods to be used by the program and the religious, political, or
philosophical basis, if any;
(5) be
developed and evaluated in writing each calendar year by a program staff person
qualified as a teacher or director under sections 142H.05 and 142H.06. Documentation of the evaluation, the date of
the evaluation, and the signature of the teacher or director completing the
evaluation must be maintained in the center administrative records;
(6) specify planned
activities designed to support and nurture the whole child in all areas of the
development and learning of the child, including but not limited to the
following: intellectual, social,
emotional, and physical development. The
activities must be in a manner consistent with the cultural and ethnic
backgrounds of a child, as feasible;
(7) specify that the
intellectual, social, emotional, and physical development of each child be
documented in the record of the child and
conveyed to the parent during the conferences specified under section 142H.20,
subdivision 2;
(8) include a daily
schedule of planned indoor and outdoor activities for each age category served;
(9) specify activities
that are quiet, active, teacher directed, and child initiated;
(10) specify a variety
of activities that require the use of varied equipment and materials;
(11) include a schedule
if equipment is rotated between groups of children;
(12) describe use of technology and screen time for each age category; and
(13) be available to a
parent for review upon request.
Subd. 2. Outdoor
activities. (a) Child care
activities must promote the physical, intellectual, social, and emotional
development of the child. To facilitate
child development, programs must include daily outdoor activities when weather
conditions allow, as defined in this subdivision.
(b) The applicant must
develop a written outdoor weather and activity policy. The license holder must ensure that the
policies and procedures are carried out.
The policies and procedures must incorporate guidance from national,
state, or local authorities in public health and at a minimum require the
provider to consider the following conditions when determining if outdoor play
poses a health and safety risk:
(1) heat in excess of
100 degrees Fahrenheit accounting for heat index, or pursuant to advice of the
local authority;
(2) cold less than 15
degrees Fahrenheit accounting for wind chill, or pursuant to advice of the
local authority;
(3) extreme weather,
including but not limited to a lightning storm, blizzard, tornado, or flooding;
(4) an air quality
emergency order by a local or state authority on air quality or public health;
or
(5) a lockdown
notification ordered by a public safety authority.
(c) The center's outdoor
weather and activity policy must specify, if children are to go outside beyond
the temperature range specified in paragraph (b), clauses (1) and (2), what
procedures will be used to keep the children safe, including but not limited to
ensuring children have appropriate clothing, providing frequent indoor breaks,
or matching the intensity of the activity level to the weather conditions.
(d) For
toddlers, preschool, and school-age children attending four or more hours per
day, the license holder must provide at least one opportunity for outdoor
activity per day pursuant to paragraph (b).
(e) For infants attending four or more hours per day, the license holder must provide at least one opportunity for outdoor activity per day as practicable, pursuant to paragraph (b) and the individual needs of the infants in care.
(f) Programs operating
three or fewer hours per day are exempt from the daily outdoor activity
requirement.
(g) If the weather is not suitable for outdoor activities, the program must provide indoor gross motor play activities that support physical development.
Sec. 12. [142H.12]
NAPS AND REST.
Subdivision 1. Naps
and rest policy. An applicant
must develop and a license holder must implement a policy for naps and rest
that is consistent with the developmental level of the children enrolled in the
center. The policy must include but is
not limited to the requirements in this section, as applicable.
Subd. 2. Parent
consultation. The parent of
each child must be informed at the time the child is enrolled of the center's
policy on naps and rest and be offered the opportunity to provide information
specific to their child.
Subd. 3. General
nap and rest requirements. (a)
The child care center must provide a quiet space for children to nap and rest.
(b) Nap and rest time
must be in accordance with the developmental needs of the child. A child care center may not withhold sleep or
rest from a child, including at a parent's request, if such time is allowed in
the child care center's naps and rest policy.
(c) Nap and rest areas
must be lighted to allow for visual supervision of all children at all times.
(d) Evacuation routes
must not be blocked by resting or napping children. Each child must have a free and direct means
of escape, and the staff must have a clear path to each resting child,
including full access to at least one long side of a crib, cot, or mat.
(e) A crib that meets the
safety requirements of section 142B.45 must be provided for each infant for
whom the center is licensed to provide care.
(f) The license holder
must follow the infant safe sleep requirements under section 142B.46.
(g) Cribs, cots, and mats
must be placed directly on the floor and must not be stacked when in use.
Subd. 4. Monitoring
napping infants. (a) An
infant must be supervised as defined in section 142H.01, subdivision 38, and
pursuant to section 142H.24, subdivision 1, paragraph (b).
(b) Staff must conduct in-person checks of the sleeping infant every 15 minutes.
(c) When a baby monitor or other mechanical equipment is used to hear or see infants during sleep, the monitoring equipment must be:
(1) able to pick up the sounds of all infants in the separate room;
(2) actively monitored by
program staff at all times; and
(3) checked daily prior
to use to ensure it is working correctly.
If equipment is malfunctioning, a program staff person must put in place
an alternate means of supervision until the equipment can be fixed.
Subd. 5. Confinement
limitation. A child who has
completed a nap or rested quietly for 30 minutes must not be required to remain
on a cot, mat, or in a crib. Any child
who does not fall asleep during a designated nap time must have the opportunity
to engage in quiet activities.
Subd. 6. Bedding
and sleeping equipment. Separate
bedding must be provided and stored separately for each child in care.
Sec. 13. [142H.13]
BEHAVIOR GUIDANCE.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Behavior
guidance" means an ongoing process where a program staff person offers
constructive, positive, and developmentally appropriate guidance to a child to
help manage the child's behavior in a socially acceptable manner.
(c) "Persistent
unacceptable behavior" means when a child:
(1) exhibits behaviors
that present a serious safety risk for the child or others and the program is
not able to reduce or eliminate the safety concern; or
(2) significantly
disrupts the learning environment and requires an increased amount of staff
guidance and time to address the child's behavior. Significantly disruptive behavior may include
physical aggression, verbal threats, or repetitive behaviors that have been
addressed through standard behavior guidance techniques without improvement.
(d)
"Redirection" means a positive guidance technique where a program
staff person intervenes and guides a child away from potential problems toward
constructive activity or talks with a child to help the child calm down and
self-regulate.
(e)
"Separation" means a form of behavior guidance that involves
interruption of unacceptable behavior by the removal of a child from a
situation with the intention of allowing the child an opportunity to pause and
gain self‑control. During a separation a
child is isolated from participating in activities with other children. Separation of children must be done pursuant
to subdivision 7.
Subd. 2. Behavior
guidance policies and procedures. The
applicant must develop written behavior guidance policies and procedures
approved by the commissioner. The
license holder must ensure that the policies and procedures are carried out. The policies and procedures must include:
(1) methods of promoting
positive behavior as specified under subdivision 3;
(2) prohibited actions
as specified under subdivision 4;
(3) addressing persistent unacceptable behavior as specified under subdivision 6; and
(4) separation from the
group as specified in subdivision 7.
Subd. 3. Methods
of promoting positive behavior. A
license holder must promote positive behavior by:
(1) ensuring that each
child is provided with a positive model of acceptable behavior;
(2) tailoring methods of
promoting positive behavior to the developmental level of the children the
center is licensed to serve;
(3)
ensuring redirection is used, as appropriate in addressing the behavior of a
child, to guide a child away from potential problems and toward constructive
activity or to talk with a child to help them calm down and self-regulate;
(4) teaching children
how to use acceptable alternatives to problem behavior to reduce conflict;
(5) protecting the
safety and well-being of children, employees, and volunteers; and
(6) providing immediate
and directly related consequences for the unacceptable behavior of a child.
Subd. 4. Prohibited
actions. A license holder
must prohibit the following actions by or at the direction of employees or
volunteers:
(1) subjecting a child to corporal or physical punishment, including but not limited to rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, spitting, hitting, or spanking;
(2) subjecting a child
to name calling, ostracism, shaming, derogatory remarks about the child or the
child's family, cultural or racial slurs, yelling, or profane language that
threatens, humiliates, or frightens the child;
(3) forcing a child to
maintain an uncomfortable position or to continuously repeat physical
movements;
(4) utilizing group
punishments for the behavior of an individual child;
(5) separation of a
child from the group except as provided in subdivision 7;
(6) punishment for not
resting, napping, or sleeping; toileting accidents; failing to eat all or part
of meals or snacks; or failing to complete an activity;
(7) denial of food or
drink or forcing food or drink upon a child;
(8) denial of light,
warmth, clothing, or medical care as a punishment for unacceptable behavior;
(9) the use of physical
restraint other than to physically hold a child when containment is necessary
to protect the child or others from harm;
(10) the use of
mechanical restraints, including tying a child up, or any device or equipment
intended to restrict or prevent movement as a means of discipline or for
reasons unrelated to the child's care, safety, or planned activity;
(11) the use of prone or
contraindicated restraints as prohibited in section 245A.211;
(12) the use of any
substance given to a child to subdue or restrict movement or behavior;
(13) discipline and
punishment must not be delegated to another child; and
(14) punishing or
shaming a child for the actions of a parent, including but not limited to
failure to pay fees, failure to provide appropriate clothing, failure to
provide materials for an activity, or any conflict between the license holder
or staff and the parent.
Subd. 5. Additional
provisions. (a) When
providing services to a child with a developmental disability or related
condition, the license holder must follow section 142B.63.
(b) A
program that cares for a child with a developmental disability or related
condition must comply with the individual child care program plan requirements
under section 142H.15.
Subd. 6. Persistent
unacceptable behavior. (a) A
program staff person who observes persistent unacceptable behavior must
document the behavior of the child and staff response to the behavior,
including:
(1) information on where
the child was, what activity the child was doing, and the employees or
volunteers present when the incident occurred; and
(2) staff actions,
including the positive guidance techniques that were tried.
(b) When persistent
unacceptable behavior as defined in subdivision 1, paragraph (c), occurs, a
behavior plan must be developed to address the behavior documented in paragraph
(a) in consultation with the child's parent, the program staff, and other professionals
involved in the care and treatment of the child, as appropriate. The behavior plan must include but is not
limited to the following:
(1) a description of the
specific behavior;
(2) the planned behavior
management method to be used in response to the behavior pursuant to
subdivision 3 or any other previously approved methods; and
(3) an area to document
the effectiveness of the plan and progress of the child.
(c) The plan must be
signed and dated by the child's parent, the director, and other professionals
involved in the care and treatment of the child, as applicable, and kept in the
child's record.
(d) The plan and the
child's progress must be reviewed at least twice each calendar year, or more
frequently as needed, and changes must be made based on the child's needs and
the input of the child's parent, program staff, or other individuals involved in
the provision of care and treatment of the child. Documentation of the review must be kept in
the child's record. If the child's
parent and the program staff agree that the behavior plan is no longer needed,
the license holder must document the date the behavior plan is no longer in
effect.
(e) The license holder
must ensure that all staff who work directly with the child are trained on the
behavior plan prior to working with the child or when a new behavior plan is
developed. Documentation of staff
training must be maintained on file.
(f) The license holder
must ensure that all staff who work directly with the child are trained on the
behavior plan prior to working with the child or when a new behavior plan is
developed. Documentation of staff
training must be maintained on file.
Subd. 7. Separation
time from the group. No child
may be separated from the group unless the license holder has tried less
intrusive methods of guiding the child's behavior that have been ineffective
and the behavior of the child threatens the well-being of the child or other
children in the center. Separation from
the group must meet the following requirements:
(1) the separation time
must be limited to the amount of time necessary for the child to gain
self-control and rejoin the group;
(2) the duration of
separation of the child must be documented, including the beginning and end
time of the separation;
(3)
infants and toddlers must not be separated from the group as a means of
behavior guidance. Positive behavior
guidance techniques such as redirection may be used with toddlers; and
(4) the child must be
supervised as defined under section 142H.01, subdivision 38, while separated.
Sec. 14. [142H.14]
FURNISHINGS, EQUIPMENT, MATERIALS AND SUPPLIES.
Subdivision 1. General
requirements. (a) Each center
must have on the premises the quantity and type of equipment and materials
necessary to implement the child care program plan under section 142H.11 and
the indoor and outdoor equipment requirements in subdivisions 2 and 3.
(b) Equipment and
furniture must be durable, in good repair, structurally sound, stable, and free
of sharp edges, dangerous protrusions, points where extremities of a child
could be pinched or crushed, and openings or angles that could trap part of a
child.
(c) License holders and
program staff must ensure equipment and furnishings are not hazardous objects
as specified in section 142H.34, subdivision 17.
(d) Equipment designed and marketed for use by children must be appropriate to the age and size of children and used in accordance with the manufacturer's instructions. Equipment and play materials not designed or marketed for use by children, including but not limited to repurposed, homemade, and open-ended items, must be appropriate to the age and size of children, in good repair, and used under the supervision of a program staff person. Such equipment and play materials are not required to have manufacturer's instructions and are subject to the requirements of this subdivision.
Subd. 2. Indoor
play equipment. The license
holder must provide sufficient indoor play equipment and materials so that at
any point in the day when children are indoors and using equipment every child
can choose from at least three activities involving equipment or materials. The quantity of indoor equipment provided
must be based on the maximum licensed capacity of the classroom and must be
accessible to children as specified in subdivision 5.
Subd. 3. Outdoor
play equipment. The license
holder must provide sufficient outdoor play equipment and materials so that
when all children are outdoors every child can choose from at least one
activity involving equipment or materials.
The quantity of outdoor equipment and materials provided must be based
on the maximum licensed capacity and must be accessible to children as
specified in subdivision 5.
Subd. 4. Interest
areas. The license holder
must have equipment and materials in each of the following developmental and
interest areas to support a child's learning and growth:
(1) creative arts and
crafts;
(2) construction and
building;
(3) social interaction,
dramatic play, or practical life activities;
(4) math and science;
(5) music;
(6) fine motor skills;
(7) physical and movement activities;
(8)
sensory exploration activities; and
(9) language and
literacy.
Subd. 5. Equipment
rotation and accessibility. A
child care program may rotate equipment throughout the day as specified in the
child care program plan if the number of choices required in subdivisions 2 and
3 is available for each child in attendance.
Equipment and materials from each interest area must be accessible to
children at least once per day.
Subd. 6. Furnishings. The license holder must ensure that
each child has access to furniture that is developmentally appropriate and the
appropriate size, including at a minimum:
(1) one diaper changing table for every 12 infants or 14 toddlers. The same table may not be counted to fulfill the requirement under this clause for both infants and toddlers;
(2) one hands-free
covered diaper container per diaper changing table;
(3) one crib and
waterproof mattress per infant, including enough cribs with wheels to evacuate
the number of infants the program is licensed to serve;
(4) one cot or mat per
toddler or preschooler. This clause does
not apply to programs operating for less than five hours per day if rest is not
indicated as part of the center's child care program;
(5) for infants, one
nonfolding seating option per child based on licensed capacity; and
(6) for toddlers, preschoolers, and school-age children, one nonfolding seating option per child based on licensed capacity, with a corresponding amount of table space to allow the child to do table work or eat a meal while seated.
Subd. 7. Supplies. (a) The license holder must maintain
enough diapers, disposable paper for the diaper changing table, facial tissues,
liquid hand soap, and single-service towels to maintain cleanliness and
sanitation for children in care.
(b) The license holder
must provide at least two sets of sheets for each crib.
Sec. 15. [142H.141]
NATURAL ELEMENTS AND MATERIALS.
Subdivision 1. Natural
elements and materials. A
license holder may provide children with access to natural elements and
materials as equipment and play materials.
Natural elements and materials and appropriate uses of natural elements
and materials include, but are not limited to:
(1) natural loose parts,
such as sticks, leaves, pine cones, acorns, seeds, pods, bark, and moss for
construction, art, sensory exploration, and imaginative play;
(2) natural materials,
such as dirt, mud, sand, water, ice, and snow for sensory play and exploration;
(3) plants, flowers,
seeds, vegetables, and gardening materials for science exploration and
learning;
(4) rocks, pebbles,
stones, and minerals for counting, sorting, building, and art;
(5) natural areas such as
gardens, prairie, forest, wetlands, and ponds for exploration and learning; and
(6) other natural elements as appropriate
to age and development of children.
Subd. 2. Supervision. A program staff person must supervise
a child's use of natural elements and materials and provide guidance on safe
and appropriate use. Natural elements
and materials that are a choking hazard must not be accessible to children
under the age of three without direct supervision of a program staff person.
Subd. 3. Other
uses. Natural elements and
materials may qualify as equipment and materials from interest areas under
section 142H.14, subdivision 4.
Sec. 16. [142H.15]
CHILDREN WITH SPECIAL HEALTH CARE NEEDS OR DISABILITIES.
Subdivision 1. Child
with special health care needs or disabilities. For the purposes of this section,
"child with special health care needs or disabilities" means a child
who:
(1) has developmental disabilities or is otherwise eligible for case management pursuant to Minnesota Rules, parts 9525.0004 to 9525.0036;
(2) has been identified
by the local school district as a child with a disability as defined in section
125A.02, subdivision 1; or
(3) has been determined
by a health care provider as defined in section 142H.01, subdivision 22;
licensed psychiatrist; licensed psychologist; or licensed consulting
psychologist as having a special health care need or disability relating to
physical, social, or emotional development.
Subd. 2. Report
to parent. The license holder
must inform the parent when there is a developmental concern or potential
special health care need of a child that was not previously identified.
Subd. 3. Individual
child care program plan. (a)
When a license holder admits a child with a disability or special health care
need or a special need is identified, the license holder must ensure that an
individual child care program plan (ICCPP) is developed in a form and manner
prescribed by the commissioner to meet the child's individual needs.
(b) When developing or
updating the ICCPP, the license holder must obtain relevant information from
the child's parent and program staff who work directly with the child.
(c) For a child who
meets the criteria in subdivision 1, clause (1), the ICCPP must be coordinated
with the child's individual service plan (ISP).
(d) For a child who
meets the criteria in subdivision 1, clause (2), the ICCPP must be coordinated
with the child's individualized educational plan (IEP).
(e) For a child who
meets the criteria in subdivision 1, clause (3), the ICCPP must be coordinated
with the child's health care provider or other necessary medical professionals.
(f) The license holder
must ensure that all program staff who work directly with the child are trained
on the ICCPP prior to working with the child.
Documentation of staff training must be maintained on file.
(g) Before the ICCPP is
implemented, the parent and the director must sign and date the form. The ICCPP must be kept in the child's record.
(h) The ICCPP must be
reviewed and updated at least once each calendar year and more frequently if
needed. The ICCPP must be signed and
dated by the parent and the director upon their yearly review.
(i) The
most recent ICCPP must be available at all times to program staff when the
child is in care.
Subd. 4. Inclusion. All activities must be designed to
include all children unless a specific medical contraindication exists or an
exclusion is otherwise specified in a child's ICCPP.
Subd. 5. Allergy
prevention and response. (a)
An applicant must develop a written policy on allergy prevention and response. A license holder must ensure the policy is
carried out and provided to parents at the time of enrollment.
(b) Before admitting a
child for care, the license holder must obtain documentation of any known
allergy from the child's parent or the child's health care provider.
(c) If a child has a
known allergy, the license holder must maintain current information about the
allergy in the child's record and develop an ICCPP pursuant to subdivision 3,
including:
(1) a description of the
allergy;
(2) specific triggers and
avoidance techniques;
(3) symptoms of an
allergic reaction;
(4) procedures for
responding to an allergic reaction, including medication to be administered in
an emergency situation and dosages; and
(5) the child's health
care provider contact information.
(d) If a child has an ICCPP related to a food allergy, the ICCPP must be readily available to the person in the area where food is prepared and served to the child. If food is prepared off site, the center must notify the person or entity preparing the food of any food allergies of children in their care. Food allergy information for all children in care must be readily available to staff in the classroom and wherever food is served.
(e) The license holder must contact the parent of the child immediately after any instance of exposure or allergic reaction.
(f) The license holder
must call 911 when epinephrine is administered to a child in care.
Subd. 6. Temporary
physical needs. If a child
has a temporary physical need as identified by their health care provider,
including but not limited to a brace, cast, or helmet, the license holder must
maintain current documentation about the temporary physical need from the
child's health care provider and any necessary accommodations in the child's
record. The license holder must ensure
staff who work with the child are aware of the child's temporary physical need
and follow the identified necessary accommodations. An ICCPP is not required for documenting a
temporary physical need under this subdivision and the accommodation.
Sec. 17. [142H.16]
NIGHT CARE PROGRAM.
Subdivision 1. Applicability. A license holder providing overnight
care must comply with this section.
Subd. 2. Furnishings. Each child enrolled in a night care program must be provided with a crib or bed, described as follows:
(1) a crib that meets the requirements under section 142B.45 and two sets of sheets must be provided for each infant and meet the requirements under section 142H.14;
(2) an
individual age-appropriate bed with two sets of sheets and a blanket or quilt
must be provided for each toddler, preschooler, or school-age child;
(3) each bed or crib
must have a waterproof mattress or mattress pad that can be cleaned and
disinfected;
(4) bedding and sleeping
equipment must be cleaned and disinfected as specified in section 142H.31,
subdivision 4, clause (3); and
(5) separate bedding must be provided and stored separately for each child in care.
Subd. 3. Clothing
intended for sleeping. The
license holder must ensure that all children are put to bed in clothing for
sleeping as designated by the parent of the child.
Subd. 4. Personal
care items. The license
holder must ensure that all children have personal items needed to clean up and
prepare for sleep. The items must
include an individual washcloth, towel, toothbrush, toothpaste, and liquid hand
soap.
Subd. 5. Meals
and snacks. (a) The license
holder must ensure that a child who will be present in the center has had or
will be provided with an evening meal. A
bedtime snack must be available for all children in attendance. Eating times and schedules for the individual
child must be consistent with patterns established in consultation with the
parent of the child.
(b) Night care programs
are exempt from the requirements of section 142H.32, subdivision 7.
Subd. 6. Staffing. At least two program staff persons, one of whom must qualify as a teacher under section 142H.06, must be present in the center at all times during the hours the night program is in operation. When more than 80 percent of the children present are asleep, the remaining program staff persons needed to meet the required staff-to-child ratio must have at least the qualifications of an aide. Program staff must be awake, dressed, and provide supervision as specified in sections 142H.01, subdivision 38, and 142H.12 to children who are sleeping.
Subd. 7. Hygiene
assistance. The license
holder must ensure that children have the opportunity to wash up and brush
their teeth before bedtime. Program
staff must assist children during washing and changing clothes according to the
developmental needs of the child.
Subd. 8. Showers and bathtubs. The license holder must ensure bathtubs and showers are equipped to prevent slipping, if the center provides bathing.
Subd. 9. Bathing
procedures. The center must
have written permission from the parent prior to allowing the child to bathe
and ensure bathtubs and showers are cleaned and disinfected after each use. The tub or showers do not have to be
disinfected between uses if the children are siblings and the parent has
provided written consent. All children
must bathe separately unless the children are siblings and the parent has
provided written consent that the children can be bathed together.
Subd. 10. Privacy. To ensure privacy, school-age boys and
girls must be separated during bedtime washing and changing activities.
Subd. 11. Sleeping
arrangements. The center must
provide sleeping arrangements so that sleeping children are cared for
separately from children who are awake and so that sleeping children are not
disturbed by arrivals and departures. Infants
must have a sleep area separate from the center's play and activity areas.
Subd. 12. Bedtime. A child's bedtime must be scheduled in
consultation with the child's parent.
Subd. 13. Light. The center must provide adequate
lighting indoors in all areas, including bathrooms, hallways, and sleeping
rooms to ensure that staff are able to see all children at all times.
Subd. 14. Outdoor
illumination. The center must
ensure that parking areas, outdoor walkways, and all building entrances are
adequately lighted for safety and security.
Subd. 15. Program
emphasis. A license holder
operating a night care program must comply with the child care program
standards in 142H.11.
Subd. 16. Exceptions. The outdoor activity area required by
section 142H.34, subdivision 7; outdoor activities required by section 142H.11,
subdivision 2; and outdoor equipment required by section 142H.14 need not be
provided for children enrolled in a night care program.
Sec. 18. [142H.17]
DROP-IN CHILD CARE PROGRAMS.
Subdivision 1. Drop-in child care programs. If a license holder chooses to operate as a drop-in child care program, the license holder must comply with the requirements in this section.
Subd. 2. Exemptions. (a) Drop-in child care programs
that meet one of the requirements in paragraph (b) are exempt from:
(1) section 142H.10;
(2) section 142H.11,
subdivision 1, clauses (6) and (7); and
(3) section 142H.12,
subdivisions 3 and 5, except for infants and toddlers.
(b) A drop-in child care
program is exempt from the requirements in paragraph (a) if the program
operates:
(1) in a child care
center that houses no child care program except the drop-in child care program;
(2) in the same child
care center but not during the same hours as a regularly scheduled ongoing
child care program with a stable enrollment; or
(3) in a child care
center at the same time as a regularly scheduled ongoing child care program
with a stable enrollment, but activities, except for bathroom use and outdoor
play, are conducted separately from each other.
Subd. 3. Staffing requirements. (a) A drop-in child care program must have at least two program staff persons on site whenever the program is operating: the director or a designee and a program staff member who is qualified as a teacher.
(b) If the drop-in child care program has additional staff who are on call as a mandatory condition of their employment, the minimum child-to-staff ratio may be exceeded only for preschool and school-age children by a maximum of four children for no more than 20 minutes while additional staff are in transit. If the ratio is exceeded for more than 20 minutes, the license holder must review the mandatory on-call staff procedures and revise as necessary to ensure compliance with this section, including hiring additional on-call staff as needed.
(c) Whenever there is a
total of 20 children or more at a drop-in child care center, children that are
younger than 30 months must be cared for in a separate group. The group may contain children up to 60
months old. The group must be cared for
in an area that is physically separated from older children.
(d) In
drop-in care programs that serve both infants and older children, children up
to 30 months old may be supervised by assistant teachers as long as other staff
are present in appropriate ratios.
(e) A drop-in child care
program may care for siblings who are all at least 16 months old together in
any group. For purposes of this section,
"sibling" is defined as sister or brother, half sister or half
brother, or stepsister or stepbrother.
Subd. 4. Staff-to-child
ratio requirements in a drop-in program.
The minimum staff-to-child ratio that a license holder may
maintain in a drop-in program is:
(1) for infants, one
program staff person for every four infants;
(2) for toddlers, one program staff person for every seven children;
(3) for preschoolers,
one program staff person for every ten children; and
(4) for school-age
children, one program staff person for every 15 children.
Subd. 5. Staff
distribution. (a) The minimum
staff distribution pattern for a drop-in child care program is:
(1) the first staff
member needed to meet the required staff-to-child ratio must be a teacher;
(2) the second and third staff members must have at least the qualifications of a child care aide; and
(3) the fourth staff
member must have at least the qualifications of an assistant teacher.
(b) The pattern in
paragraph (a) must be repeated until the number of staff needed to meet the
staff-to-child ratio for each age category has been achieved.
Sec. 19. [142H.18]
EXCLUSION OF SICK CHILDREN.
Subdivision 1. Care
of sick children. If a child
becomes sick while at the center, the child must be isolated from other
children in care and the child's parent called immediately. When determining if a child is sick and
exclusion is necessary, license holders must follow:
(1) the requirements on reportable diseases in Minnesota Rules, parts
4605.7040, 4605.7070, and 4605.7080; and
(2) guidelines from the
commissioner of health on infectious diseases in child care settings.
Subd. 2. Notification. (a) A child care center's program
policies must require a parent to inform the center within 24 hours, exclusive
of weekends and holidays, when a child is diagnosed by a child's health care
provider or dental care provider as having a reportable or infectious disease
as specified in subdivision 1.
(b) The license holder
must ensure that the commissioner of health is notified of any suspected case
of reportable disease as specified in Minnesota Rules, parts 4605.7040,
4605.7050, or 4605.7080, within 24 hours of receiving the parent's or staff
report. Documentation of the
notification must be kept at the center.
(c) The license holder
must notify the parents of exposed children within 24 hours of when a parent,
employee, or volunteer notifies the center of a reportable disease under
subdivision 1, lice, scabies, impetigo, ringworm, or chicken pox. The notice must be posted in a clearly
visible, accessible place or provided individually to each parent of a child
who was exposed.
Subd. 3. Return
to center. Children with a
reportable or infectious disease as specified in subdivision 1 must be excluded
from the center for a length of time as specified in the commissioner of health
guidelines on infectious diseases in child care settings and until the child can
participate in routine activities without more staff supervision than usual. The center must exclude a child for a longer
period if the child's health care provider determines that it is necessary.
Sec. 20. [142H.19]
SICK CARE PROGRAM.
Subdivision 1. Licensure
of sick care programs. If a
license holder chooses to operate as a sick care program, the license holder
must operate a sick care program that complies with the requirements in this
section.
Subd. 2. Review
of admission and health policies and practices. (a) A licensed physician, physician
assistant, or advanced practice registered nurse with a specialization in
pediatric care must review and approve a sick care program's admission policy
at the time of initial license application, after the first six months of
initial operation, and at least once each calendar year.
(b) The review must include consultation with the licensed registered nurse or physician responsible for admissions.
(c) A report of the
findings must be sent to the commissioner with the initial application for
licensure, and subsequent reports must be placed in the center's administrative
record.
Subd. 3. Evaluation
of a sick child. (a) A
license holder that operates a sick care program must evaluate the condition of
a sick child before admitting the child to the center.
(b) The evaluation must
be based on the physical symptoms of the child each day of admission, the
probable contagion and risk to the health of others present, the ability of the
program to provide the care the child requires, and whether the child can be
grouped together with other children in care with contagious or noncontagious
illnesses. Documentation of the
evaluation must be placed in the child's record.
(c) Before admitting a child to a sick care program:
(1) a parent must
describe the child's symptoms over the phone;
(2) a health care
provider affiliated with the center must tell the parent whether the parent may
bring the child to the center for further evaluation; and
(3) the health care
provider must conduct a physical assessment of the child and obtain a health
history from the parent at the center.
Subd. 4. Information to parents. A summary of the sick care program's health care policies and practices and the center's procedures for notification of parents in the event of an emergency must be given to the parent the first time a child is admitted and every admission following a change to any of the information.
Subd. 5. Parent
conference exception. Centers
licensed to provide child care exclusively to sick children are not required to
provide parent conferences under section 142H.20, subdivision 2.
Subd. 6. Child
care program emphasis exception. A
sick care program does not need to meet the child care program plan
requirements under section 142H.11. However,
the child care program plan for the care of sick children must emphasize quiet
activities.
Subd. 7. Group
size and age category grouping exceptions.
The maximum group sizes specified under section 142H.10,
subdivision 1, and the age category grouping restrictions under section
142H.10, subdivision 3, do not apply to sick care programs. There must be no more than 16 children in
sick care in the same room at the same time.
Subd. 8. Staff-to-child ratios and staff distribution requirements. (a) A one-to-four staff-to-child ratio must be maintained at all times in a room used to care for sick children.
(b) At least two program staff persons must be present in a center operating a sick care program whenever sick children are in care.
(c) The first program
staff person must be a registered nurse.
The remaining program staff persons must at least meet the
qualifications and follow the staff distribution pattern under section 142H.10.
Subd. 9. Limitation
on staff assignment. Staff
must not care for nonsick children or prepare food for nonsick children on the
same day as sick children. Staff caring
for sick children must not enter the kitchen used to prepare food for nonsick
children.
Subd. 10. Food
preparation. Food provided by
the license holder and prepared at the center must be prepared in a room
separate from rooms where sick care is provided and must be delivered to each
sick care room in individual servings and in covered containers. Procedures for preparing, handling, and
serving food and washing food, utensils, and equipment must comply with the
requirements in the Minnesota Food Code, Minnesota Rules, chapter 4626.
Subd. 11. Menus. Menus for sick children must be modified to meet the individual needs of the child.
Subd. 12. Additional
facility requirements. A
license holder operating a sick care program must provide:
(1) a room or rooms that
are exclusively used to care for sick children and that are not used at any
time for any other child care purpose; and
(2) toilets and hand
sinks that are within or immediately adjacent to the room or rooms used for
sick care and are not used by well children in care.
Subd. 13. Outdoor
activity area, activities, and equipment exception. Sick care programs under this section
are exempt from the requirements for an outdoor activity area under section
142H.34, subdivision 7; outdoor activities under section 142H.11, subdivision
2; and outdoor equipment under section 142H.14.
Subd. 14. Cleaning
and disinfection. Floors in
rooms where sick care is provided and all linens, toileting equipment, sinks,
furnishings, objects, and equipment used by sick children must be cleaned and
disinfected at least daily and as needed pursuant to the requirements under
section 142H.31.
Subd. 15. Bedding
and sleeping equipment. (a)
Each sick child must be provided appropriate bedding and sleeping equipment,
depending on the age of the child, as follows:
(1) a crib and crib
sheets pursuant to the requirements of section 142B.45, cot, mat, or bed,
depending on the age of the child;
(2) a pillow, except if
the child is an infant;
(3) a pillowcase, except if the child is an infant; and
(4) a blanket or quilt, except if the child is an infant.
(b)
Bedding provided by the center must be laundered after each use. Sleeping equipment must be cleaned and
disinfected after each use.
Sec. 21. [142H.20]
INFORMATION TO PARENTS.
Subdivision 1. Policies
provided to parents. At the
time of a child's enrollment, the center must provide the parent with written
notification of the:
(1) ages and numbers of
children the center is licensed to serve;
(2) hours and days of
operation;
(3) child care program
options the center is licensed to operate, including a description of the
program's educational methods; the program's religious, political, or
philosophical basis, if any; and how parents may review the center's child care
program plan;
(4) policy on parent
conferences and notification to a parent of a child's intellectual, physical,
social, and emotional development;
(5) policy requiring a
health care summary and immunization record of a child;
(6) policies and
procedures for the care of children who become sick at the center and parent
notification practices for the onset of or exposure to a contagious illness or
condition pursuant to section 142H.18 or when there is an emergency or injury
requiring medical attention;
(7) policies and
procedures for administering first aid and sources of care to be used in case
of emergencies;
(8) policies on the
administration of medicine;
(9) procedures for
obtaining written parental permission for transportation of children and field
trips as required in section 142H.33, subdivision 4, paragraph (d);
(10) procedures for
obtaining written parental consent for research, cameras, and social media
participation pursuant to section 142H.22;
(11) policies on
transitioning a child to the next age group, pursuant to section 142H.10;
(12) policies on the
provision of meals and snacks;
(13) behavior guidance
policies and procedures;
(14) presence of pets;
(15) policy on
visitation and parental access to children pursuant to section 142H.21;
(16) policy on the prohibition of smoking, use of tobacco products, vaping, electronic cigarettes, alcohol, and drugs on the premises of the program pursuant to section 142H.29, subdivision 11;
(17) policy on use of
technology and screen time pursuant to section 142H.11, subdivision 1, clause
(12);
(18) telephone number of the Department
of Children, Youth, and Families, Division of Licensing;
(19)
policy on naps and rest pursuant to section 142H.12; and
(20) procedures for notifying parents of an evacuation, including procedures for reunification with families.
Subd. 2. Parent
conferences. The license
holder must inform the parent of a child's progress and:
(1) complete individual
assessments of each child's intellectual, physical, social, and emotional
development at least twice a year. Individual
assessments for school-age children must be completed at least once a year;
(2) plan and offer
parent conferences by program staff at least twice a year to review and discuss
the child's assessment. Parent
conferences for school-age children must be planned and offered at least once a
year; and
(3) maintain documentation of the child's assessment and that individual parent conferences were planned and offered in each child's record.
Subd. 3. Daily
reports for infants and toddlers. Daily
written individualized reports must be provided to the parent of an infant or
toddler about the child's food intake, elimination, sleeping patterns, and
general behavior.
Sec. 22. [142H.21]
PARENT VISITATION AND ACCESS TO PROGRAM.
(a) The center must have
a parent visitation and access policy that meets the requirements of this
section at a minimum.
(b) An enrolled child's parent must be allowed access to their child at any time while the child is in care unless a legal restriction or court order restricts access.
(c) A copy of the order
or other legal restriction in paragraph (b) must be kept in the child's record.
Sec. 23. [142H.22]
CONSENT FOR RESEARCH, CAMERAS, AND SOCIAL MEDIA PARTICIPATION.
Subdivision 1. Policy. A center must have and follow a policy
governing the center's use of social media and the use of photos and videos of
children in care. The policy must
include:
(1) procedures for
obtaining written consent from parents for release of photos and videos of
children for promotional or publicity purposes, including on social media
accounts or public digital platforms; and
(2) a statement
prohibiting any employee or volunteer from posting content of children in care
or enrolled families on a personal social media account or public digital
platform, including photos, videos, or personal identifying information of the
children.
Subd. 2. Participation
in research, fundraising, or public relations projects. (a) The license holder must obtain
written permission from a parent before a child is involved in research,
fundraising, or public relations projects while at the center. A separate written permission form must be
obtained before each occasion of a research, fundraising, or public relations
activity.
(b) The permission form must be
maintained in the child's record.
Subdivision 1. Emergency
preparedness plan. (a) An
applicant must develop a written plan for emergencies that require evacuation,
relocation, sheltering in place, or lockdown resulting from a fire, blizzard,
tornado or other natural disaster, or other threatening situations that may
pose a health or safety hazard to a child, such as an intruder or violence at
the facility. A license holder must
carry out the emergency plan during emergencies. The plan must be written on a form developed
by the commissioner and include:
(1) procedures for an
evacuation, including building evacuation routes and identification of primary
and secondary exits;
(2) procedures for
relocation, including a designated relocation site;
(3) procedures for
sheltering in place and lockdown;
(4) procedures for
notifying a child's parent of an evacuation, relocation, sheltering in place,
or lockdown, including procedures for reunification with families;
(5) accommodations for a
child with a disability or a chronic medical condition;
(6) accommodations for
infants and toddlers;
(7) procedures for
storing a child's medically necessary medicine that facilitates easy removal
during an evacuation or relocation;
(8) procedures for
continuing operations in the period during and after a crisis; and
(9) procedures for
communicating with local emergency management officials, law enforcement
officials, or other appropriate state or local authorities.
(b) A license holder must
review and update the emergency plan at least once each calendar year and as
needed when changes to the circumstances or facilities necessitate an updated
plan. Documentation of the yearly review
and when changes are made must be maintained in the program's administrative
records.
(c) Program staff must be trained on the emergency plan at orientation as specified under section 142H.09 when changes are made to the plan and at least once each calendar year. Training must be documented and maintained on site.
(d) A center must have an
operable on-site flashlight for use in an emergency situation. A cell phone may not be used to meet this
requirement.
(e) A license holder must
conduct fire drills every month and hold tornado drills monthly from April 1
through September 30. Fire and tornado
drills must be documented and include the date of the drill, the start and end
time of the drill, and the name of the program staff person completing the
documentation. Documentation must be
maintained in the program's administrative records.
(f) Primary and secondary
exits and evacuation routes must remain unblocked.
Subd. 2. Emergencies,
accidents, incidents, and injuries. (a)
The policies and procedures for emergencies, accidents, incidents, and injuries
must include:
(1) procedures for administering first
aid;
(2)
procedures for the daily inspection of potential hazards;
(3) procedures for fire
prevention and procedures to follow in the event of a fire, persons responsible
for the evacuation of children and areas for which they are responsible,
instruction on how to use a fire extinguisher, and instructions on how to close
off the fire area;
(4) procedures to follow
when a child is missing, including when a school-age child does not arrive at
the center when expected after school;
(5) procedures to follow
if a person who is unknown, unauthorized, incapacitated, or suspected of abuse
attempts to pick up a child or if no one comes to pick up a child. The procedure must include a practice for
verifying a person's identity;
(6) procedures for
obtaining emergency medical care; and
(7) procedures for
recording emergencies, accidents, incidents, and injuries involving a child
enrolled in the center. The written
record must include:
(i) the name and age of the child involved;
(ii) the name of
employees or volunteers present;
(iii) the date, time, and place of the emergency, accident, incident, or injury;
(iv) the type of injury;
(v) actions taken by
staff; and
(vi) to whom the
emergency, accident, incident, or injury was reported.
(b) At a minimum, the
emergency, accident, incident, or injury must be reported in writing to the
parent and as otherwise required in section 142H.28.
(c) Each calendar year,
the license holder must conduct an analysis of the emergencies, accidents,
incidents, and injuries that have been documented pursuant to paragraph (a),
clause (7). Documentation of the yearly
analysis and any modification of the center's policies based on the analysis
must be maintained in the program's administrative records.
(d) The license holder must post a facility floor plan in a visible location in each classroom and other areas in the facility where child care is provided. The posted floor plan in each area must include:
(1) identification of
primary and secondary exits;
(2) building evacuation
routes;
(3) identification of
tornado shelter and other shelter-in-place locations;
(4) identification of
staff positions responsible for the evacuation or sheltering of children;
(5) the name and address
of the designated relocation site; and
(6) phone numbers and
sources of emergency medical services, the poison control center, the fire
department, and the department's licensing division.
(e)
The license holder must ensure program staff are trained on the emergency,
accident, incident, and injury policies and procedures at orientation as
required in section 142H.09 when changes are made to the policies and
procedures and at least once each calendar year. Training must be documented and maintained on
site.
Sec. 25. [142H.24]
SUPERVISION AND RISK REDUCTION.
Subdivision 1. Supervision;
sight and hearing exceptions. (a)
A child is still supervised as defined in section 142H.01, subdivision 38,
when:
(1) an infant is placed
in a crib to sleep and a program staff person is within sight or hearing of the
infant pursuant to section 142H.12, subdivision 4;
(2) a single school-age
child uses a restroom that is not available to the public when the child care
center is operating and serving children and a program staff person has
knowledge of the child's activity and location and checks on the child at least
every five minutes. When services are
provided away from the child care facility, including but not limited to field
trips, a school-age child who uses a restroom that is available to the public
must be accompanied by a program staff person;
(3) a school-age child
leaves the classroom but remains within the licensed child care center space to
deliver or retrieve items from the child's personal storage space and a program
staff person has knowledge of the child's activity and location and checks on
the child at least every five minutes; or
(4) a single preschool child uses an individual, private restroom within the classroom with the door closed and a program staff person has knowledge of the child's activity and location, can hear the child, and checks on the child at least every five minutes.
(b) A program must
account for each exception in paragraph (a) in the risk reduction plan under
subdivision 2.
Subd. 2. Risk
reduction plan. (a) The
license holder must develop a risk reduction plan that identifies the general
risks to children served by the child care center in a form and manner
prescribed by the commissioner.
(b) The license holder must establish procedures to minimize identified risks, train staff on the procedures, and review the procedures each calendar year.
(c) The risk reduction
plan must include an assessment of risk to children the center serves or
intends to serve and identify specific risks based on the outcome of the
assessment. The assessment of risk must
be composed of:
(1) an assessment of the
risks presented by the facility where the licensed services are provided,
including an evaluation of:
(i) the condition and design of the facility and its outdoor space, bathrooms, and storage areas;
(ii) the accessibility
of medications and cleaning products that are harmful to children; and
(iii) the existence of
areas that are difficult to supervise, including restrooms with multiple
entrances; and
(2) an assessment of the
risks presented by the environment for each facility and for each site,
including an evaluation of the type of grounds and terrain surrounding the
building and the proximity to hazards, busy roads, and publicly accessed
businesses.
(d)
The risk reduction plan must include a statement of measures that will be taken
to minimize the risk of harm presented to children for each risk identified in
the assessment under paragraph (c) related to the facility and environment.
(e) In addition to any
program-specific risks identified in paragraph (c), the plan must include
specific policies and procedures that minimize the risk of harm or injury to
children, including from:
(1) closing children's
fingers in doors, including cabinet doors;
(2) leaving children in
the community without supervision;
(3) children leaving the
facility without supervision;
(4) dislocation of
children's elbows by program staff pulling or lifting children by the hands or
wrists or swinging by the arms;
(5) burns, including
from hot food or beverages, whether served to children or being consumed by
program staff, and devices used to warm food and beverages;
(6) injuries from
equipment, such as scissors and glue guns;
(7) sunburn;
(8) feeding children
foods to which they are allergic;
(9) children falling from changing tables;
(10) children accessing
dangerous items or chemicals or coming into contact with residue from harmful
cleaning products;
(11) traffic and
pedestrian accidents, including when walking with children on neighborhood
walks, to an off‑site outdoor play area, or in areas with heavy traffic or
difficult terrain such as railroad tracks; and
(12) children choking or
suffocating.
(f) The plan must ensure
hazardous objects as defined in section 142H.34, subdivision 17, are
inaccessible to children.
(g) The plan must
include specific policies and procedures to ensure adequate supervision of
children at all times as defined in subdivision 1 and section 142H.01,
subdivision 38, and pursuant to the staffing requirements of section 142H.10,
subdivision 1, with particular emphasis on:
(1) times when children
are transitioned from one area within the facility to another, including the
use of a name‑to-face check during transition time;
(2) nap-time
supervision, including infant sleep supervision;
(3) child arrival and
departure times, including when children arrive or depart from the center by
bus;
(4) supervision during
outdoor play, outdoor learning activities, and community activities, including
but not limited to field trips and neighborhood walks;
(5)
supervision of children in hallways;
(6) supervision of
preschool children when using an individual private restroom within the
classroom; and
(7) supervision of
school-age children when using the restroom and visiting the child's personal
storage space.
Subd. 3. Yearly
review of risk reduction plan. (a)
The license holder must review the risk reduction plan each calendar year and
document the review.
(b) When conducting the
review, the license holder must consider incidents that have occurred in the
center since the last review, including:
(1) incidents covered by
the assessment factors in subdivision 2;
(2) the internal reviews
conducted under section 142H.36, if any;
(3) substantiated
maltreatment findings, if any; and
(4) any other incidents
that caused injury or harm to a child.
(c) Within ten days
following any change to the risk reduction plan, the license holder must train
program staff on the change and document that the staff were trained on the
change.
Sec. 26. [142H.25]
CENTER ADMINISTRATIVE RECORDS.
(a) In addition to the
personnel records requirements under section 142B.03, subdivision 1, paragraph
(a), a center must maintain the following records:
(1) a record of the
information given to parents specified in section 142H.20;
(2) the personnel
records specified in section 142H.26;
(3) the children's
records specified in section 142H.27;
(4) health consultant reviews of the center's health policies and practices as specified in section 142H.29, subdivision 2;
(5) the child care
program plan specified in section 142H.11;
(6) the emergencies,
accidents, incidents, and injuries records specified in section 142H.23,
subdivision 2;
(7) the child separation reports mandated in section 142H.13;
(8) daily center and
classroom attendance records specified in section 142H.30; and
(9) staffing schedules.
(b) The requirements in
section 142B.03, subdivisions 1 and 2, apply to records retained pursuant to
this section.
Sec. 27. [142H.26]
PERSONNEL RECORDS.
A
license holder must maintain a current personnel record for each program staff
person in a manner prescribed by the commissioner and consistent with section
142B.03. The personnel record for each
program staff person must contain:
(1) the program staff
person's name, home address, telephone number, date of birth, and emergency
contact information;
(2) the program staff person's first date of direct contact and first date of unsupervised direct contact with a child;
(3) documentation
indicating that the program staff person meets the requirements of the staff
person's job in sections 142H.05 to 142H.08; and
(4) the program staff
person's hire date and last day of employment, as applicable.
Sec. 28. [142H.27]
CHILDREN'S RECORDS.
Subdivision 1. Requirements. Prior to or on the day of enrollment
in the center, the license holder must maintain a record on site for each child
served by the program. The record must
contain:
(1) the child's full
name, date of birth, and current home address;
(2) the child's date of
enrollment in the program;
(3) the name, address,
and telephone number of the child's parent;
(4) the name and
telephone number of at least one emergency contact person who can be contacted
if a parent cannot be reached in an emergency or when there is an injury
requiring medical attention;
(5) the names and telephone numbers of any additional persons authorized by the parent to pick up the child from the center;
(6) the child's health
and immunization information required by section 142H.29, subdivisions 3 and 4;
(7) written authorization
for the license holder to act in an emergency or when a parent or designee
cannot be reached or is delayed;
(8) the hours and days of
the week the child will attend the center;
(9) for infants and
toddlers, a description of the child's eating, sleeping, toileting, and
communication habits and effective methods for comforting the child;
(10) documentation of any
dietary or medical needs of the child;
(11) documentation of a
child's individual child care program plan as required by section 142H.15; and
(12) the date of parent
conferences and a summary of the information provided to the parent at the
conferences.
Subd. 2. Disclosure. The license holder must not disclose a
child's record to any person other than the child, the child's parent, the
child's legal representative, employees of the license holder, or the
commissioner unless the child's parent has given written consent. This subdivision does not apply to
information needed by a first responder in the case of an emergency.
Subdivision 1. Maltreatment, abuse, and neglect reporting. The license holder must comply with the reporting requirements for abuse and neglect specified in chapter 260E.
Subd. 2. Other
reporting. Within 24 hours,
the license holder must notify the commissioner of the following in a manner
prescribed by the commissioner:
(1) of the death or
notification of the death of a child enrolled in the center as required under
section 142B.10, subdivision 24;
(2) of the occurrence or
notification of any injury to a child in care in the program that required
treatment by a dentist or health care provider as defined in section 142H.01,
subdivision 22. Treatment does not
include application of or recommendation to use nonprescription medication or
diagnostic testing;
(3) of the occurrence of structural damage to the building or a fire
that requires the service of a fire department; and
(4) of the provision of any emergency medical service to a child while in care.
Sec. 30. [142H.29]
HEALTH.
Subdivision 1. Health
policies. An applicant must
develop written health policies approved by the commissioner.
Subd. 2. Health
consultation. (a) The center
must have a health consultant as defined in section 142H.01, subdivision 23,
review the center's health policies and practices in person and certify that
the policies and practices are adequate to protect the health of children in
care.
(b) The health
consultant's review, including an on-site visit, must be done before initial
licensure and must be repeated each calendar year.
(c) For programs serving infants, an in-person review must be done before initial licensure and at least quarterly thereafter. At least every other quarter, a health consultant may conduct the health review visit virtually.
(d) A health consultant must review the center's health policies and practices before implementing a change in the center's health policies or practices and after an outbreak of a contagious reportable illness as specified in Minnesota Rules, parts 4605.7040, 4605.7050, and 4605.7080.
(e) The consultant must
review and approve:
(1) the emergencies,
accidents, incidents, and injuries policies and procedures required by section
142H.23, subdivision 2;
(2) the diapering
procedures and practices specified in subdivision 6;
(3) the programs'
cleaning and disinfecting products and procedures; and
(4) the sanitation
procedures and practices for food catered in or provided by the child's parent
as specified in section 142H.32, subdivision 6, and for infants as specified in
section 142H.32, subdivision 11.
Subd. 3. Health
information at admission. Before
a child is admitted to a center or within 30 days of admission, the license
holder must obtain a report on a current physical examination of the child
signed by the child's health care provider.
Subd. 4. Immunizations. (a) Before a child is admitted to a center, the license holder must obtain documentation of current immunization records according to section 121A.15 and Minnesota Rules, chapter 4604; a signed notarized statement of parental objection to the immunization; or a medical exemption. The license holder must maintain record of current immunizations, a signed notarized statement of parental objection to the immunization, or a medical exemption throughout the child's enrollment at the center.
(b) License holders must
file an immunization report each calendar year with the Department of Health,
as required under the Minnesota School and Child Care Immunization Law, section
121A.15, subdivision 8, and Minnesota Rules, part 4604.0410.
Subd. 5. Administration
of medication. (a) A license
holder that administers medication must:
(1) get written permission from the child's parent before administering medication;
(2) get written
permission from the child's parent before administering items that may be
applied externally, including but not limited to diapering products, sunscreen
lotions, hand sanitizer, lip balm, body lotion, and insect repellents. Items under this clause must be administered
according to the manufacturer's instructions unless a dentist or health care
provider gives alternative written instructions;
(3) get and follow
written instructions from a dentist or a health care provider before
administering each prescription. Medication
with the child's name and current prescription information on the label
constitutes instructions;
(4) follow written dosage
instructions from a child's parent or health care provider for over-the-counter
medication that is intended to be ingested and does not include dosage
information within the manufacturer's instructions;
(5) keep all medication
in its original container and have a legible label stating the child's first
and last name. The medication must be
given only to the child whose name is on the label, unless as described in
paragraph (b);
(6) not give medication
after an expiration date on the label, return any unused portion to the child's
parent if possible, and destroy any unused portion that cannot be returned;
(7) document the
administration of any ingested nonprescription medication and all prescription
medication. The documentation must
include the first and last name of the child, name of the medication or
prescription number, date, time, dosage, and printed name and signature or
initials of the person who administered the medication. This documentation must be available to the
parent and maintained in the child's record;
(8) store all
medications, insect repellents, sunscreen lotions, and diaper rash control
products according to directions on the original container and in a place
inaccessible to children; and
(9) not use herbal remedies and essential oils, unless prescribed or recommended by a dentist or a health care provider. If these are administered, they must be administered in compliance with the requirements of this subdivision.
(b) Sunscreen lotions and
insect repellents supplied by the license holder may be used on more than one
child and must be labeled for use for all children. A product to control or prevent diaper rash,
including premoistened commercial wipes that cannot be dispensed in a manner
that prevents cross contamination of the product and container as determined by
the health consultant, must be labeled with the child's first and last name and
used only for the individual child whose name is written on the label.
Subd. 6. Diapers,
changing areas, and disposal. Sanitary
diaper procedures must be used to reduce the spread of communicable disease. A license holder must:
(1) make an adequate
supply of clean diapers available for each child and store the diapers in a
clean place;
(2) change diapers
following the diaper changing procedure reviewed and approved by the center's
health consultant pursuant to subdivision 2, paragraph (e), clause (2);
(3) post diaper changing
procedures reviewed and certified by the center's health consultant in the
diaper changing area;
(4) keep children in
diapers clean and dry. Diapers and
clothing must be changed immediately or as soon as practicable when wet or
soiled. Soiled clothing must be placed
in a plastic bag and sent home with the parent daily;
(5) use single-service
wipes for cleaning a wet or soiled child;
(6) clean and disinfect
changing tables and changing pads between children;
(7) use smooth, nonabsorbent surfaces for the diaper changing area and flooring;
(8) require the program
staff person to maintain a hand on the child at all times during diapering. Children must not be left unattended on the
changing table;
(9) clean and disinfect
diaper changing areas, including but not limited to counters, sinks, and
floors, daily or immediately when soiled;
(10) keep a covered
diaper disposal receptacle lined with a disposable plastic bag in the diaper
changing area. Diapers cannot be
disposed of in a kitchen disposal area;
(11) empty, clean, and
disinfect diaper receptacles daily or more often as needed; and
(12) only change a diaper in the diaper changing area. The diaper changing area must be separate from areas used for food storage, food preparation, and eating.
Subd. 7. Hand washing; child. (a) A child's hands must be washed with soap and water after a diaper change, after use of a toilet or toilet training chair, and immediately before eating a meal or snack.
(b) Program staff must monitor hand washing and assist a child who needs help.
(c) The use of a common
basin or a hand sink filled with standing water is prohibited.
(d) Hands must be dried
on a single-use towel or warm air hand dryer.
The use of a common or shared cloth or towel is prohibited.
(e) In sinks accessible
to children, the water temperature must not exceed 120 degrees Fahrenheit to
prevent children from scalding themselves while washing.
(f) A hand sanitizer with at least 60 percent alcohol may be used to clean a child's hands when soap and water are unavailable.
Subd. 8. Hand
washing; program staff. Program
staff must wash their hands with soap and water after changing a child's
diaper, after assisting a child on the toilet, after washing the diapering
surface, after using toilet facilities, and before handling food or eating. Hands must be dried on a single-use towel or
warm air hand dryer. The use of a common
or shared cloth or towel is prohibited. Program
staff may use a hand sanitizer with at least 60 percent alcohol when soap and
water are unavailable.
Subd. 9. First aid kit. The license holder must have a first aid kit that is accessible in the center at all times and whenever children are off site that includes:
(1) adhesive bandages in
assorted sizes and tape;
(2) sterile compresses;
(3) elastic bandage
wrap;
(4) scissors;
(5) ice bag or cold
pack;
(6) digital thermometer;
(7) mild liquid soap or
hand sanitizer that is at least 60 percent alcohol;
(8) bottled water;
(9) disposable
powder-free, latex-free gloves;
(10) face shield or
protective barrier for giving CPR; and
(11) first aid
instructions.
Subd. 10. Handling
and disposal of bodily fluids. A
license holder must comply with the following procedures for safely handling
and disposing of bodily fluids:
(1) surfaces that come
in contact with urine, feces, vomit, and blood must be cleaned and disinfected;
(2) blood-contaminated
material must be disposed of in a plastic bag with a secure tie;
(3) sharp items used for
a child with special care needs must be disposed of in a sharps container. The sharps container must be inaccessible to
a child when stored;
(4) the license holder
must have bodily fluid disposal supplies in the center, including disposable
gloves, disposal bags, and eye protection; and
(5) each employee and
volunteer must follow universal precautions to reduce the risk of spreading
infectious disease.
Subd. 11. Tobacco
products, vaping, drugs, and alcohol use prohibitions. (a) A license holder must comply with
the drug and alcohol policy requirements in section 142B.10, subdivision 1,
paragraph (c), including ensuring that no employee, subcontractor, or volunteer
is under the influence of a chemical that impairs the individual's ability to
provide services or care.
(b)
The possession or use of marijuana, products containing THC, alcohol, and
illegal drugs is prohibited on the premises of the program during operating
hours, including all indoor and outdoor licensed program environments and in
any vehicles used by the program.
(c) The use of tobacco products, vaping devices, and electronic cigarettes is prohibited indoors, in vehicles used by the program, and in outdoor areas where children are present.
(d) The license holder
must post in a prominent location at the main entrance of the center a notice
stating that use of tobacco products is prohibited inside the building and in
outdoor areas where children are present.
Sec. 31. [142H.30]
ATTENDANCE RECORDS.
Subdivision 1. Attendance
records. A child care center
must maintain documentation of actual attendance for each child receiving care. The records must be accessible to the
commissioner during the program's hours of operation, be completed on the
actual day of attendance, and include:
(1) the first and last
name of the child;
(2) the time of day that
the child was dropped off; and
(3) the time of day that
the child was picked up.
Subd. 2. Daily
classroom tracking. (a) A
license holder must ensure that program staff track children in their classroom
on a daily basis to ensure the center has an active roster of children present
in their classroom.
(b) Children must be tracked as they arrive in and depart from the classroom.
(c) Tracking must
include the first and last name of each child.
(d) The classroom
tracking documentation must remain with each group at all times throughout the
day including outdoor play, emergency evacuations, field trips, and when groups
are combined.
Sec. 32. [142H.31]
CLEANING, SANITIZING, AND DISINFECTING.
Subdivision 1. Products
and procedures. Cleaning and
disinfecting must be done in accordance with policies, procedures, and products approved by the program's health consultant as
specified in section 142H.29, subdivision 2.
Subd. 2. Indoor
and outdoor equipment. (a)
The indoor and outdoor space and equipment of the program must be clean.
(b) Natural elements and
materials used as equipment and play materials under section 142H.141; natural
features used for outdoor play under section 142H.34, subdivision 7, paragraph
(h); and play materials used in outdoor settings are exempt from being clean,
as defined under section 142H.01, subdivision 12. A program staff person must inspect natural
elements and materials, natural features, and play materials used for outdoor
play for hazardous objects and other safety hazards, including animal feces, and
remove or mitigate the hazard before a child's use.
Subd. 3. Pacifiers. Pacifiers must be labeled with each
child's name or other individual identifier and stored separately.
Subd. 4. Cleaning
frequency. The license holder
must develop and follow a cleaning schedule that requires:
(1) cleaning and
sanitizing food preparation areas, tables, high chairs, and food service
counters before and after each meal and snack.
Sanitizing must be done by using an Environmental Protection
Agency-registered sanitizer or a bleach solution or by heating to temperatures
sufficient to destroy most germs, pursuant to guidelines from the commissioner
of health on infectious diseases in child care settings;
(2) cleaning and
sanitizing items that have been inside a child's mouth or come into contact
with bodily fluids prior to being used by another child;
(3) cleaning sleeping
equipment and bedding, including:
(i) washing bedding used by a child before being used by another child;
(ii) washing bedding
used by the same child weekly or when soiled;
(iii) cleaning and
disinfecting sleeping equipment used by a child before being used by another
child; and
(iv) cleaning and
disinfecting sleeping equipment used by the same child weekly or when soiled;
(4) cleaning toileting
areas daily, including:
(i) emptying and
disinfecting toilet training chairs after each use; and
(ii) disinfecting
toilets and seats when soiled or at least daily; and
(5) emptying garbage
cans and diaper receptacles on a daily basis and cleaning and disinfecting the
cans and receptacles as needed.
Sec. 33. [142H.32]
FOOD, DRINKING WATER, AND NUTRITION.
Subdivision 1. On-site
food preparation. A license
holder that prepares, handles, or serves food or washes food, utensils, or
equipment on site must comply with applicable requirements for food and
beverage service establishments in chapter 157 and Minnesota Rules, chapter
4626, and local health department requirements.
Subd. 2. Off-site
food preparation. (a) Meals
or snacks may be provided by an off-site, licensed food and beverage service
establishment.
(b) The center must
maintain on file a copy of the off-site food and beverage service
establishment's current license and the contract to provide food for the
center.
Subd. 3. Providing
food. A license holder must
provide meals and snacks to the children in attendance. The license holder must supplement food
provided by the parent if it does not meet United States Department of
Agriculture Child and Adult Care Food Program (CACFP) nutritional requirements.
Subd. 4. Drinking
water. (a) The center must
have a safe supply of drinking water pursuant to section 142H.35.
(b) Drinking water must be available to children throughout the hours of operation and offered at frequent intervals. Drinking water for children must be provided in single-service drinking cups, in reusable water bottles, in reusable cups, or from drinking fountains accessible to children.
(c) A
license holder may provide drinking water to a child in a reusable water bottle
or reusable cup if the center develops and ensures implementation of a written
policy that at a minimum includes the following procedures:
(1) each day the water
bottle or cup is used, the license holder must clean the water bottle or cup or
allow the child's parent to bring the water bottle or cup home to clean it;
(2) a water bottle or
cup must be assigned to a specific child and labeled with the child's first and
last name;
(3) water bottles and
cups must be stored in a manner that reduces the risk of a child using the
wrong water bottle or cup; and
(4) a water bottle or
cup must be used only for water.
Subd. 5. Menus. The license holder must ensure:
(1) meals and snacks
prepared or provided by the license holder or catered by a licensed food and
beverage caterer comply with the meal pattern and nutritional requirements
contained in the most current edition of the CACFP standards in Code of Federal
Regulations, title 7, section 226.20;
(2) menus comply with
the meal pattern and nutritional requirements contained in the most current
edition of the CACFP standards in Code of Federal Regulations, title 7, section
226.20;
(3) the current menu is
posted or made readily available to parents; and
(4) any food
substitutions are noted on the menu at the time of the change.
Subd. 6. Sanitation. (a) Procedures for preparing, handling, storing, and serving food and washing food, utensils, and equipment must comply with the requirements for food and beverage establishments in Minnesota Rules, chapter 4626.
(b) If the food is
prepared off site by another facility or if food service is provided according
to a contract with a food service provider, the facility or license holder must
ensure that food is prepared in compliance with Minnesota Rules, chapter 4626.
(c) The license holder must provide refrigeration for dairy products and other perishable foods, whether supplied by the license holder or supplied by the parent. The refrigeration must have a temperature of 41 degrees Fahrenheit or less.
Subd. 7. Meals
and snacks. Except for
infants under subdivision 11, the license holder must serve meals and snacks to
children as follows:
(1) one snack for a
child in attendance for two to five hours;
(2) one meal and two snacks or two meals and one snack for a child in attendance for five to ten hours;
(3) a minimum of two
meals and two snacks for a child in attendance for more than ten hours; and
(4) a minimum of three
meals and two snacks for a child in attendance for more than 14 hours.
Subd. 8. Prescribed diet requirements. (a) If a child is unable to follow the CACFP meal pattern requirements due to a diet-related medical condition, a prescribed diet accommodation is required.
(b)
The license holder must obtain documentation from the child's health care
provider about the child's special dietary needs and keep that information
current. The license holder must use
this information to accommodate the child's dietary needs.
(c) When a license holder enrolls a child who requires a prescribed diet, the license holder must ensure that an individual child care program plan is developed and maintained in the child's record, pursuant to sections 142H.15, subdivision 3, and 142H.27.
(d) The license holder
must provide for a child's prescribed dietary needs or require the parent to
provide the prescribed diet items that are not part of the center's menu plan.
Subd. 9. Cultural
or religious diet accommodations. (a)
When special diets are requested for cultural or religious reasons, the center
must obtain written, dated, and signed instructions from the child's parent on
how to accommodate the diet.
(b) The license holder
must provide for a child's special diet for cultural or religious reasons or
require the parent to provide the food items that are not part of the center's
menu plan.
Subd. 10. Food
allergy information. Information
about food allergies of the children in the center must follow the requirements
in section 142H.15, subdivision 5.
Subd. 11. Infant
food and feeding schedule. The
diet and feeding schedule of an infant must be determined by the infant's
parent. The license holder of a center
serving infants must:
(1) obtain written
dietary instructions from the parent of the child that are used to develop the
infant's feeding schedule and are updated as needed as the child's feeding
needs change;
(2) have each individual
infant's feeding schedule available in the food preparation area;
(3) offer the child
formula or milk and nutritionally adequate solid foods in quantities at
specified time intervals as determined by the parent;
(4) ensure infants are
held or fed sitting up for bottled feedings until the infant can independently
sit up and feed themselves. A bottle
must not be propped at any time for an infant or fed to an infant in a crib,
infant seat, or playpen;
(5) use sanitary
procedures and practices to prepare, handle, and store formula, milk, breast
milk, solid foods, and supplements, including having procedures to ensure
bottles are matched to the correct infant.
Procedures must be reviewed and certified by a health consultant;
(6) not warm or heat
bottles in a microwave;
(7) not allow children
access to bottle-warming devices; and
(8) label all bottles,
breast milk, or prepared parent-provided food with the child's first and last
name and date of preparation. All
formula must be refrigerated immediately after preparation or upon arrival if
the formula is prepared by the parent.
Subd. 12. Additional requirements. (a) The center must serve food that is not a choking hazard and that is developmentally appropriate in size, amount, and texture.
(b)
Program staff must be seated with the children during meal and snack times.
Sec. 34. [142H.33]
TRANSPORTATION AND FIELD TRIP REQUIREMENTS.
Subdivision 1. Requirements. A license holder that provides
transportation for children or that takes children off site must comply with
the requirements in this section.
Subd. 2. Driver
requirements. (a) A driver
who transports children for a license holder must:
(1) be at least 18 years
old;
(2) hold a current and
valid driver's license appropriate to the vehicle used to transport children;
(3) have a copy of the driver's current driver's license on file at the center;
(4) be free from the
influence of any substance that could impair driving abilities; and
(5) follow seat belt and
child passenger restraint system requirements under sections 169.685 and
169.686.
(b) Parents who are not
employed by the center who use personal vehicles for transportation to
occasional field trips do not have to meet the requirements of paragraph (a),
clause (3). For the purposes of this
subdivision, "occasional" means three or fewer times per calendar
year.
Subd. 3. Requirements during transportation. (a) One program staff is required per vehicle when transporting school-age children. Two program staff are required per vehicle when transporting infants, toddlers, and preschoolers. An additional program staff person is required in the vehicle if there are 12 or more infants and toddlers. The driver of the vehicle is considered a program staff person, unless the driver is employed by a contractor or third party.
(b) A two-way
communication system and first aid kit must be present in the vehicle during
transportation.
(c) Once children have
exited, the vehicle must be checked to ensure that no child has been left in
the vehicle.
(d) When the license holder provides transportation to and from the center, children must not be transported more than one hour per one-way trip.
(e) When children board or exit the vehicle, the license holder must ensure that each child safely boards and exits the vehicle from the curb side of the street whenever physically possible and out of the path of moving vehicles.
(f) Drop off or pick up
must be conducted in a safe manner with supervision by the program staff
responsible for the child.
Subd. 4. Field
trip requirements. (a) For
the purposes of this section, a field trip is defined as any time the center
takes children off the property, including routine outings such as walking
around the neighborhood. A center
providing transportation for children to and from the center is not considered
a field trip.
(b) Staff-to-child ratios must be
maintained on all field trips.
(c)
Written permission must be obtained from each child's parent before taking a
child on a field trip. The written
permission form must be obtained before each field trip or on a form that
yearly summarizes all field trips that will be taken. The permission forms must be kept on file at
the center.
(d) The parent's written permission form must include:
(1) the date and destination of the field trip;
(2) the times of departure from and return to the facility;
(3) the method of
transportation; and
(4) if the method of
transportation is walking, an estimated total distance of the walk.
(e) Unscheduled
neighborhood walks may be taken, provided the program has obtained advance
written parental permission for the general plan for neighborhood walks.
(f) A child care program
that includes daily or regular off-site outdoor activities in its child care
program plan may use an annual permission form for these activities. Parents must be informed of specific
destinations and any substantial changes to the general plan outlined in the
annual permission form through the child care program's regular communication
methods. The annual permission form must
include the following information:
(1) the general
geographic area or areas where the off-site outdoor activities will occur;
(2) the general hours
during which off-site activities may occur;
(3) the typical method of
transportation; and
(4) the typical maximum
distance of walks, if the method of transportation is walking.
(g) When centers take
children on a walk or field trip, program staff must bring:
(1) a first aid kit as
required under section 142H.29, subdivision 9;
(2) a child's allergy
information as required under section 142H.15, including the individual child
care program plan;
(3) the name and
telephone number of each child's parent and at least one emergency contact
person;
(4) medication and
supplies needed for a child who has a health condition that could need
medication, special procedures, or precautions during the course of the trip;
and
(5) a working cell phone or other means of immediate communication.
Sec. 35. [142H.34]
FACILITY.
Subdivision 1. Occupancy
designation. (a) At initial
licensure, an applicant must demonstrate compliance with the standards
specified by the State Building Code and any applicable local building
ordinances.
(b) Prior to the child
care facility being remodeled, substantially improved, renovated, or
reconstructed, the license holder must verify whether approval from the
applicable state or local building officials is needed. If needed, the license holder must obtain
written verification of compliance with the State Building Code and any
applicable local building ordinances.
Subd. 2. Fire
inspection. (a) The center
must be inspected by a fire marshal within 12 months prior to initial licensure. The commissioner must not grant an initial
license until receiving written approval of compliance with the State Fire Code
from the fire marshal with jurisdiction.
(b) Pursuant to the time
frames in paragraph (d), the center must have a fire inspection at least once
every five calendar years from the date of the last fire inspection report. The fire inspection must include written
approval of compliance with the State Fire Code from the fire marshal with
jurisdiction.
(c) Prior to the use of
any areas of the structure not previously inspected and approved for child care
use, the center must:
(1) receive written
confirmation from the state fire marshal that approval from the state fire
marshal is not needed; or
(2) conduct a fire
inspection, which must include written approval of compliance with the State
Fire Code from the fire marshal with jurisdiction.
(d) For centers holding a valid license as of July 1, 2029:
(1) centers initially
licensed before January 1, 1998, must meet the requirement under paragraph (b)
no later than July 1, 2029;
(2) centers initially
licensed on or after January 1, 1998, but before January 1, 2013, must meet the
requirement under paragraph (b) no later than July 1, 2030;
(3) centers initially
licensed on or after January 1, 2013, but before January 1, 2021, must meet the
requirement under paragraph (b) no later than July 1, 2031; and
(4) centers initially
licensed on or after January 1, 2021, must meet the requirement under paragraph
(b) no later than July 1, 2032.
(e) Centers that have
already completed a fire inspection within five years of July 1, 2029, are
exempt from paragraph (d).
Subd. 3. Reinspection
for cause. If the
commissioner has reasonable cause to believe that a potential hazard exists or
the license holder is operating out of compliance with applicable codes, the
commissioner may request another inspection and written report by a fire
marshal, building official, or health authority.
Subd. 4. Facility
floor plan and designated areas. (a)
Indoor and outdoor space to be used for child care must be designated on a
facility floor plan.
(b) Space designated on
a facility floor plan must be exclusively used for child care by the center
during the hours of operation.
(c) The initial
application for licensure and the center's administrative record must contain a
floor plan of the center. Precise scale
drawings are not required. The plan must
indicate:
(1) the dimensions and
location of all areas of the center designated for the provision of child care
including planned use of each area; and
(2) the size and location of areas used
for outdoor activity.
Subd. 5. Child's
personal storage space. A
center must have storage space for each child's clothing and personal
belongings. The space must be at a
height appropriate for the age of the child.
Subd. 6. Space
for children who become sick. (a)
Space must be provided in the center for a child who becomes sick at a center
not licensed to operate a sick care program under section 142H.19.
(b) The space must be separate from activity areas used by other children but may still be within the classroom.
(c) A cot, mat, or crib
and blanket must be provided as appropriate to the developmental level of the
child.
(d) The space must be
supervised by a program staff person when occupied by a sick child.
Subd. 7. Outdoor
learning environment and play space.
(a) A center must provide or have available an outdoor activity
area that complies with this subdivision unless licensed to exclusively provide
night care as specified under section 142H.16, licensed to provide drop-in care
as specified under section 142H.17, licensed to provide sick care as specified
under section 142H.19, or operating for fewer than three hours a day.
(b) A center must have
an outdoor activity area of at least 1,500 square feet, and there must be at
least 75 square feet of space per child within the outdoor play area at any
given time during use.
(c) The outdoor activity
area must be enclosed if it is located adjacent to a hazard, including but not
limited to traffic, rail, water, or machinery, unless the area is a public park
or playground.
(d) An outdoor activity
area used daily by children under school age must be within 2,000 feet of the
center or transportation must be provided by the license holder. The outdoor activity area must not be farther
than one-half mile from the center.
(e) The area must contain the outdoor equipment required under section 142H.14.
(f) The play area must
be free of potential hazards, including but not limited to broken glass, toxic
materials, machinery, unlocked vehicles, feces, and sewage contaminants.
(g) An energy-absorbing
surface is required under installed climbing equipment, swings, and slides. An energy‑absorbing surface can be loose
sand, pea gravel, or mulch in a depth of at least nine inches; any material
that meets ASTM F1292 specifications; or shredded rubber and poured
energy-absorbing surfacing installed to manufacturer's specifications based on the
height of the equipment. A fall zone is
required around the equipment.
(h) Natural features
used for outdoor play that are not installed as equipment are not subject to
the requirements of paragraph (g). When
a child uses natural features for outdoor play, a program staff person must
remove hazardous objects as specified in subdivision 17 and mitigate hazards
whenever possible from the surrounding area where children might fall. Natural features used for outdoor play must
be appropriate to the age and size of children, in safe condition, and used
under the supervision of a program staff person.
Subd. 8. Indoor
space. A center must have a
minimum of 35 square feet of indoor space available per child in attendance. Hallways, stairways, closets, utility rooms,
restrooms, kitchens, and space occupied by cribs are not indoor space for the
purposes of this subdivision. Twenty-five
percent of the space occupied by furniture or equipment used by staff or
children may be counted as indoor space.
Subd. 9. Shielding
of hot surfaces. Heating
appliances must be installed and maintained in accordance with the
manufacturer's instruction and the State Building Code. Radiators, fireplaces, hot pipes, and other
hot surfaces in areas used by children must be shielded or insulated to prevent
burns.
Subd. 10. Electrical
outlets. Except in a center
that serves only school-age children, electrical outlets must be tamper proof
or shielded when not in use.
Subd. 11. Water
hazards. Bodies of water
within or adjacent to the center must be inaccessible to children. When using a pool or beach, children must be
supervised at all times.
Subd. 12. Room temperature. An indoor temperature of 68 degrees Fahrenheit to 82 degrees Fahrenheit must be maintained in all rooms used by children.
Subd. 13. Hazardous
areas. Kitchens, stairs, and
other hazardous areas must be inaccessible to children except during periods of
supervised use.
Subd. 14. Fire
extinguisher inspection. Fire
extinguishers must be serviced by a qualified inspector at least once every 365
days. The name of the inspector and date
of the inspection must be written on a tag attached to the extinguisher.
Subd. 15. Toilet
articles. As needed, a
license holder must provide and make available toilet paper, liquid hand soap,
facial tissues, and single-use paper towels or warm air hand dryers.
Subd. 16. Toilets
and hand sinks. (a) The
center must have at least one hand sink for every 15 children in the center's
licensed capacity.
(b) The center must have
at least one toilet for every 15 children, excluding infants, in the center's
licensed capacity. Toilet training
chairs may be used for toddlers in lieu of a toilet.
(c) The center must
provide handwashing sinks within three feet of the diaper changing surface. The sink must have hot and cold running water. In newly constructed centers or those
undergoing major remodeling to the plumbing system, foot- or wrist-operated
sinks must be provided in the diaper changing area.
(d) Any hand sink
required for children other than infants must be in the toilet area. The temperature of hot water in the hand
sinks used by children must not exceed 120 degrees Fahrenheit. Hand sinks for children must not be used for
custodial work or food preparation, including preparing infant bottles. Single-service towels or air dryers must be
available to dry hands and designed for easy use by children.
(e) Toilets, sinks,
faucets, and hand-drying devices in the toilet area used by children under
school age other than infants must be placed at a height appropriate to the
ages of the children. A sturdy nonslip
platform on which children may stand may be used to meet the height requirement
in this paragraph for toddlers and preschoolers.
(f) Plungers and
toilet-cleaning devices must be inaccessible to children.
Subd. 17. Hazardous
objects. (a) The license
holder must prevent children from accessing hazardous objects, including any
item that could reasonably cause injury, choking, poisoning, burning, cutting,
or other harm to a child, or any item designated by the manufacturer to be
stored out of reach of children.
(b) Activities that are part of the program plan may include the use of hazardous objects when supervised by program staff.
(c) Supplies and materials used by children must be labeled "nontoxic" by the manufacturer.
Subd. 18. Telephone. (a) A working telephone that is
capable of making outgoing calls and receiving incoming calls must be located
within the licensed child care center at all times. The telephone must be accessible to staff as
needed and be sufficiently charged for use at all times.
(b)
Program staff must have access to a working telephone while providing care and
supervision to children in care outside of the child care facility.
Subd. 19. Animals. A license holder must:
(1) keep each animal housed in the program up to date on vaccines required for that species under state law or local ordinance and maintain documentation of vaccinations, if any;
(2) notify parents prior
to their child's enrollment of the presence of animals in the program, before
new animals are housed, and prior to any animals visiting the program;
(3) not let children
handle animals without adult supervision; and
(4) notify the parent of
a child whose skin is broken by an animal bite or scratch or who is otherwise
injured by an animal in writing of the injury.
Subd. 20. Pest
control. (a) Effective
measures must be taken to protect the center against rodents and insects. If rodents, insects, or other pests are
found, the license holder must take steps to remove or exterminate them. Chemicals, baits, and traps for insect and
rodent control must not be used in areas accessible to children when children
are present and must be used according to the manufacturer's instructions.
(b) Chemicals to control
weeds, rodents, insects, and other pests must be used only after other means
have been used for control, such as eliminating harborages, removing access to
food, and sealing points of entry. These
compounds must be used according to labeled instructions. If chemicals are used, the license holder
must notify the parents of enrolled children what pesticide will be applied and
where it will be applied no less than 48 hours before application, unless in
cases of emergency. Only approved,
United States Environmental Protection Agency-registered insecticides,
rodenticides, and herbicides may be used.
Application must strictly follow all label instructions and must be
authorized by the director.
Subd. 21. Posting
license. A license holder
must post the license in a clearly visible place within the child care center
that is accessible to parents and guardians.
Sec. 36. [142H.35]
ENVIRONMENTAL HEALTH.
Subdivision 1. Water supply. A child care center must have a safe water supply. Child care centers that obtain water from privately owned wells or sources must test any water used for cooking or drinking by a Department of Health-certified laboratory to verify safety. License holders must follow the lead testing requirements in section 145.9273.
Subd. 2. Radon
testing. (a) The license
holder must notify parents whether radon testing has been conducted in the
program upon enrollment and within 30 days of any subsequent testing done after
enrollment.
(b) When notifying
parents, the license holder must use a form prescribed by the commissioner. The notice must include information from the
Department of Health about what radon is and the potential risks associated
with radon exposure. If testing has been
completed, the notice must include:
(1) the date of the most
recent test;
(2) the rooms or areas
tested; and
(3) the detected radon
level or levels, stated in picocuries per liter.
(c) A license holder must
keep a copy of the most recent notice to parents and the radon test results on
site and make the notice and results available to parents and the commissioner
upon request. The provider may meet this
requirement by posting the radon testing results in a conspicuous place.
If a license holder has
reason to know that an internal or external report of alleged or suspected
maltreatment has been made, the license holder must:
(1) establish and
maintain policies and procedures to ensure that an internal review is completed
within 30 calendar days and that corrective action is taken if necessary to
protect the health and safety of children in care. The review must include an evaluation of
whether:
(i) related policies and
procedures were followed;
(ii) the policies and
procedures were adequate;
(iii) there is a need for
additional staff training;
(iv) the reported event
is similar to past events with the children or the services involved; and
(v) there is a need for
corrective action by the license holder to protect the health and safety of
children in care;
(2) develop, document,
and implement a corrective action plan designed to correct any current lapses
and prevent future lapses in performance by individuals or the license holder,
based on the results of the review;
(3) identify the primary
and secondary person or position who will ensure that, when required, internal
reviews are completed. The secondary
person must be involved when there is reason to believe that the primary person
was involved in the alleged or suspected maltreatment; and
(4) document and make
internal reviews accessible to the commissioner immediately upon the
commissioner's request. For the purposes
of this section, the documentation provided to the commissioner by the license
holder may consist of a completed checklist that verifies completion of each of
the requirements of the review.
Sec. 38. Minnesota Statutes 2024, section 245A.211, subdivision 1, is amended to read:
Subdivision 1. Applicability. This section applies to all programs licensed or certified under this chapter, chapters 142C, 142H, 142I, 245D, 245F, 245G, and sections 245I.20 and 245I.23. The requirements in this section are in addition to any applicable requirements for the use of holds or restraints for each license or certification type.
Sec. 39. REVISOR
INSTRUCTION.
(a) The revisor of
statutes must renumber Minnesota Statutes, section 142B.68, as Minnesota
Statutes, section 142H.37.
(b) The revisor of
statutes must make any necessary changes to statutory cross-references to
reflect the changes in this article.
(c) The revisor of
statutes must replicate the statutory history for all sections and subdivisions
repealed and reenacted in this article.
Sec. 40. REPEALER.
(a) Minnesota Rules,
parts 9503.0005; 9503.0010; 9503.0015; 9503.0030; 9503.0031; 9503.0032;
9503.0033; 9503.0034; 9503.0040; 9503.0045; 9503.0050; 9503.0055; 9503.0060;
9503.0065; 9503.0070; 9503.0075; 9503.0080; 9503.0085; 9503.0090; 9503.0095;
9503.0100; 9503.0105; 9503.0110; 9503.0115; 9503.0120; 9503.0125; 9503.0130;
9503.0140; 9503.0145; 9503.0150; 9503.0155; and 9503.0170, are repealed.
(b) Minnesota
Statutes 2024, sections 142B.01, subdivisions 11, 12, 25, 26, and 27; 142B.41,
subdivisions 6, 7, 10, 11, 12, and 13; 142B.54, subdivisions 1, 2, and 3;
142B.65, subdivisions 1, 2, 3, 4, 5, 6, 7, and 10; and 142B.66, subdivisions 1,
2, 4, and 5, are repealed.
(c) Minnesota Statutes
2025 Supplement, sections 142B.65, subdivisions 8 and 9; and 142B.66,
subdivision 3, are repealed.
Sec. 41. EFFECTIVE
DATE.
This article is
effective July 1, 2027.
ARTICLE 13
FAMILY CHILD CARE LICENSING MODERNIZATION
Section 1. [142I.01]
DEFINITIONS.
Subdivision 1. Scope. For the purposes of this chapter, the
terms in this section have the meanings given.
Subd. 2. Accessible
to children. "Accessible
to children" means capable of being reached or used by a child without the
aid of an adult.
Subd. 3. Accredited. "Accredited" means a
postsecondary institution or technical college recognized and listed in the
database of accredited postsecondary institutions and programs maintained by
the federal Department of Education.
Subd. 4. Adult. "Adult" means a person at
least 18 years of age.
Subd. 5. Age
categories. (a)
"Newborn" means a child from birth up to six weeks old.
(b) "Infant"
means a child who is at least six weeks old but less than 12 months old.
(c) "Toddler"
means a child who is at least 12 months old but less than 24 months old.
(d)
"Preschooler" means a child who is at least 24 months old but less
than five years of age.
(e) "School
age" means a child who is at least five years of age but is less than 11
years of age.
Subd. 6. Agency. "Agency" means a county or
multicounty social or human services agency governed by a county board or a
multicounty human services board.
Subd. 7. Annual or annually. "Annual" or "annually" means at least once each calendar year.
Subd. 8. Applicant. "Applicant" has the same
meaning as section 142B.01, subdivision 4.
Subd. 9. Behavior
guidance. "Behavior
guidance" means an ongoing process whereby caregivers offer constructive,
positive, and developmentally appropriate guidance to children to help them
manage their own behavior in a socially acceptable manner.
Subd. 10. Bodily
fluid. "Bodily
fluid" means urine, feces, vomit, blood, and other bodily fluids with
blood present.
Subd. 11. Building
official. "Building
official" means the person appointed pursuant to section 326B.133 to
administer the State Building Code or the building official's authorized
representative.
Subd. 12. Caregiver. "Caregiver" means the
license holder, primary provider of care, second adult caregiver, intermittent
caregiver, helper, or substitute.
Subd. 13. Child. "Child" means a person
receiving child care services who falls within the age categories in
subdivision 5.
Subd. 14. Child
care. "Child care"
means the care of a child in a family child care program. This includes the children of the license
holder and any other caregivers in the family child care program who receive
child care during child care hours.
Subd. 15. Child
with special health care needs or disabilities. "Child with special health care
needs or disabilities" means a child who:
(1) has developmental
disabilities or is otherwise eligible for case management as specified in
Minnesota Rules, parts 9525.0004 to 9525.0036;
(2) has been identified
by the local school district as a child with a disability as specified in
section 125A.02, subdivision 1; or
(3) has been determined
to be a child with a disability by a health care provider as defined in
subdivision 25.
Subd. 16. Clean. "Clean" means free from dirt
or other contaminants that can be detected by sight, smell, or touch.
Subd. 17. Commissioner. "Commissioner" means the
commissioner of children, youth, and families or the commissioner's designated
representative, including county agencies and private agencies.
Subd. 18. Community-based
family child care program. "Community-based
family child care program" means a family child care program that operates
at a location other than the primary residence of the license holder.
Subd. 19. Department. "Department" means the
Department of Children, Youth, and Families.
Subd. 20. Disinfect. "Disinfect" means the
chemical process to kill most germs and viruses on surfaces and objects after
the surfaces and objects have been cleaned.
Subd. 21. Emergency
replacement. "Emergency
replacement" means an adult who supervises children in a family child care
program due to an emergency and who has not completed the training requirements
under this chapter or the background study requirements under chapter 245C.
Subd. 22. Family
child care program. "Family
child care program" means a child care program licensed under this chapter
and chapter 142B operating from the license holder's residence or other
approved space that serves up to 18 children and is provided for less than 24
hours a day.
Subd. 23. Fire
marshal. "Fire
marshal" means the person designated by section 299F.011 to administer and
enforce the State Fire Code or a local fire code inspector approved by the fire
marshal.
Subd. 24. Hazardous
materials. "Hazardous
materials" means any item that could reasonably cause injury, choking,
poisoning, burning, cutting, or other harm to a child, or any item designated
by the manufacturer to be stored out of reach of children.
Subd. 25. Health
care provider. "Health
care provider" means a physician or physician's assistant licensed to
practice medicine under chapter 147; an advanced practice registered nurse
licensed under section 148.171; or a licensed psychiatrist, licensed
psychologist, or licensed consulting psychologist.
Subd. 26. Helper. "Helper" means a minor, 14
through 17 years of age, who assists an adult caregiver with the care of
children.
Subd. 27. Inaccessible
to children. "Inaccessible
to children" means not capable of being reached or utilized by a child
without the aid of an adult.
Subd. 28. Intermittent
caregiver. "Intermittent
caregiver" means an adult who cares for children in a family child care
program alongside another adult caregiver for a cumulative total of no more
than 500 hours annually.
Subd. 29. License. "License" has the meaning
given in section 142B.01, subdivision 16.
Subd. 30. License
holder. "License
holder" has the meaning given in section 142B.01, subdivision 17, for a
family child care program.
Subd. 31. Licensed
capacity. "Licensed
capacity" means the total number of children ten years of age or younger
permitted at any one time on the premises of a family child care program. All children ten years of age or younger on
the premises count toward the capacity of the family child care program.
Subd. 32. Medication. "Medication" means any
substance or preparation that is used to prevent or treat a wound, injury,
infection, or disease; maintain health; heal; or relieve pain, including
substances purchased over the counter or prescribed by a health care provider
or dentist. Medication includes
substances taken internally or applied externally.
Subd. 33. Owner
or renter. "Owner"
or "renter" means the individual, individuals, organization, or
government entity listed in the property title, deed, lease, or equivalent
legal document.
Subd. 34. Parent. "Parent" means a person who
has the legal responsibility for a child, such as the child's mother, father,
or legally appointed guardian.
Subd. 35. Pests. "Pests" means any animals,
insects, or other living creatures that are not housed within the family child
care program and are considered harmful or detrimental to the health, safety,
and well-being of individuals within a family child care program. This includes but is not limited to ants,
rodents, cockroaches, bedbugs, or bats.
Subd. 36. Pets. "Pets" means all animals
housed at the family child care program or that have contact with children.
Subd. 37. Premises. "Premises" means the indoor
and outdoor space in which a family child care program is located.
Subd. 38. Primary
provider of care. "Primary
provider of care" means the person responsible for providing care to
children during the hours of operation and operating a family child care
program in compliance with all applicable laws and regulations under this
chapter and chapters 142B and 245C. All
individual license holders are primary providers of care, as are individuals
designated under section 142I.22, paragraph (f).
Subd. 39. Radon
testing. "Radon
testing" means the measurement of radon gas levels in the indoor air of
the building.
Subd. 40. Related. "Related" means any of the
following relationships by marriage, blood, or adoption: a spouse, a parent, an adoptive parent, a
birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister,
a niece, a nephew, a grandparent, a grandchild, a sibling, an aunt, an uncle,
or a legal guardian.
Subd. 41. Second
adult caregiver. "Second
adult caregiver'' means an adult who cares for children in the family child
care program for a cumulative total of more than 500 hours annually along with
the primary provider of care or substitute caregiver.
Subd. 42. Separation. "Separation" is a form of behavior guidance that involves interruption of unacceptable behavior by the removal of a child from a situation with the intention of allowing the child an opportunity to pause and gain self-control. During a separation a child is not allowed to participate in activities with other children.
Subd. 43. State
Building Code. "State
Building Code" means the codes and regulations adopted by the commissioner
of administration pursuant to section 326B.107 and contained in Minnesota
Rules, chapter 1300.
Subd. 44. State
Fire Code. "State Fire
Code" means the codes and regulations adopted by the state fire marshal
pursuant to section 299F.011 and contained in Minnesota Rules, chapter 7511.
Subd. 45. Substitute. "Substitute" means an adult
who is responsible for the duties of a primary provider of care when the
primary provider of care is not present at the family child care program. A substitute may not provide care for more
than 500 hours per calendar year.
Subd. 46. Supervision. "Supervision" means:
(1) caregivers must be
within sight or hearing of newborns, infants, toddlers, and preschoolers at all
times and must intervene in an effort to protect the health and safety of the
child. Electronic monitoring devices can
only be used to monitor infants, toddlers, and preschoolers when they are
asleep;
(2) for a school-age
child, a caregiver must be available and in close enough proximity to provide
in-person assistance and care to ensure the child's health and safety is
protected. Electronic devices may be
used to support supervision, but must not replace the caregiver's ability to
provide assistance or care in person; and
(3) the caregiver has an
awareness of and responsibility for the activity of each child and is near
enough to respond and reach children immediately, including responding to the
child's basic needs and intervening to protect them from harm.
Subd. 47. Variance. "Variance" means written
permission from the department pursuant to the requirements in section 142B.10,
subdivision 16, paragraph (c), for a license holder or applicant to depart from
a specific requirement in this chapter or chapter 142B.
Sec. 2. [142I.02]
LICENSING OF PROGRAMS.
Subdivision 1. Purpose. The purpose of this chapter is to
establish procedures and standards for licensing family child care and
community-based family child care programs to ensure that minimum standards of
care and service are given and the protection, care, health, safety, and
development of the children are assured.
Subd. 2. Applicability. A family child care program must be
licensed under this chapter and chapter 142B to operate in Minnesota.
Sec. 3. [142I.03]
LICENSING PROCESS.
Subdivision 1. License
application. (a) An applicant
for a family child care license must follow the requirements of this section
and section 142B.10.
(b)
Applicants must use the application issued by the department. The application must be made in the county
where the family child care program will operate.
(c) Applicants must be
the proposed license holders of the family child care program.
(d) An application for
licensure is complete and ready for the agency's review after the applicant
completes, signs, and submits all department forms and documentation needed for
licensure to the agency and the agency receives all inspection, zoning, evaluation,
and investigative reports, documentation, and information required to verify
compliance with this chapter and applicable statutes, including a completed
background study for individuals subject to a study, as required under chapter
245C.
Subd. 2. Licensing
study. (a) The applicant must
give the agency access to the family child care program for a licensing study
to determine compliance with all applicable rules and statutes.
(b) If the commissioner
determines a potentially hazardous condition exists due to noncompliance with
this chapter or local ordinances, the applicant must obtain an inspection from
a fire marshal, building official, or authorized community health board agent
under section 145A.04 to verify the absence of hazard or identify needed
corrections. Any condition cited as
hazardous and creating an immediate danger of fire or threat to life or safety
must be corrected.
(c) An applicant must
undergo an initial inspection of the family child care program by a fire
marshal to determine compliance with the State Fire Code and compliance with
orders issued if the program:
(1) has freestanding
solid-fuel-heating appliances;
(2) will operate in a
manufactured or mobile home;
(3) will use a basement
for child care;
(4) is located in mixed-
or multiple-occupancy buildings. For the
purposes of this clause, "mixed-occupancy building" means a structure
that contains nonresidential occupancies, such as an attached garage, and
"multiple‑occupancy building" means a structure with two or more
residential dwelling units, such as a duplex, apartment building, or townhome;
or
(5) is located in a
commercial space.
Subd. 3. Ineligibility
factors. (a) An applicant,
caregiver, or any person who resides where the family child care program
operates and who is present when children are in care or works with the
children in care is prohibited from:
(1) abusing prescribed
or nonprescribed drugs or use alcohol or controlled substances specified in
chapter 152 to the extent that the use or abuse has or may have a negative
effect on the ability of the primary provider of care to give care or is
apparent during the hours of operation;
(2) having had a child
placed in foster care within the prior 12 months for reasons that the agency
determines reflect on the ability of the license holder or the primary provider
of care to safely provide family child care.
This clause does not apply if the primary reason for the placement was
due to a physical illness of the parent due to a disability of the child,
including developmental disability of the child; or for the temporary care of a
newborn or infant being relinquished for adoption;
(3)
having had a child placed in a residential facility within the prior 12 months
for reasons that the agency determines reflect on the ability of the license
holder or the primary provider of care to safely provide family child care; or
(4) exhibiting behavior
that could pose a risk to children being served in the family child care
program. Additional assessments or
documentation may be requested to determine the impact on the provider's
ability to provide care.
(b) Caregivers who have
abused prescribed or nonprescribed drugs or have been dependent on alcohol or
controlled substances specified in chapter 152, such that the use, abuse, or
dependency has negatively affected the ability to give care, was apparent during
the hours of operation, or required treatment or therapy, must have 12 months
of verified abstinence before licensure.
Subd. 4. Variances. The department may grant variances to
this chapter. Upon receipt of a variance
request, the department must make a determination on the variance request
within 30 business days.
Subd. 5. Posting
license. The license holder
must post the license in the family child care program in a location where
parents, visitors, and authorized representatives of the commissioner can
easily access and view the license.
Subd. 6. Change
in license terms. A license
holder must submit a new application form in accordance with section 142B.10
before:
(1) relocating the family
child care program;
(2) changing from family child care to community-based family child care;
(3) changing from community-based family child care to family child care;
(4) changing between any class A and class C license type; or
(5) changing a current C
license class to a higher C license class.
Subd. 7. Number
of licenses. Each individual
applicant is limited to one family child care license.
Subd. 8. Access
to program. As required in
section 142B.10, subdivision 12, caregivers must give authorized
representatives of the commissioner access to the family child care program
premises during the hours of operation.
Subd. 9. Disposal
of license. When a family
child care program is closed, or if a license is revoked, suspended, or not
renewed, the license holder must remove the license from being posted in the
home within 14 days of ceasing operation or upon the final order of revocation,
denial, or suspension of license; stop all advertising; and refrain from
providing care to children as required in section 142B.05, subdivision 1.
Subd. 10. Local
government authority. The
authority of local units of government to establish requirements for family
child care programs is limited by section 299F.011, subdivision 4a, paragraph
(a), clauses (1) and (2).
Subd. 11. Background
studies. All individuals
subject to a background study must comply with the requirements of chapter
245C.
Subd. 12. Child
care license holder insurance. (a)
The license holder must complete and provide to parents a form prescribed by
the commissioner that includes information about the license holder's liability
insurance status. The license holder
must update the form and obtain each parent's signature whenever insurance
coverage changes, a policy lapses, or a new policy takes effect. If the license holder has a continuous
insurance policy that renews each year, the license holder may indicate the
policy's renewal date in the initial written notice to parents, and no further
notices are required until the insurance coverage changes or the policy lapses.
(b)
The form under this subdivision must include the date of the policy's
expiration or renewal or indicate if the license holder does not carry
liability insurance.
(c) A copy of the
current certificate of liability insurance must be made available upon request
to parents, the commissioner, and agency licensing staff.
Sec. 4. [142I.04]
AGENCY RECORDS.
Subdivision 1. Agency
records. An agency must
maintain the following records for each license holder:
(1) a copy of the
completed licensing application form signed by the applicant and the agency;
(2) a physical health
report on any adult caregiver that was submitted prior to giving care in the
family child care program. The physical
health report must verify that the adult caregiver is physically able to care
for children;
(3) any written reports
from a fire marshal, building official, or agent of a community health board
authorized under chapter 145A;
(4) if the applicant has
been licensed through another jurisdiction, a reference from the licensing
authority in that jurisdiction;
(5) the initial and
annual inspection by the agency of the license holder. Any comments of the license holder about the
inspections by the agency must also be noted in the agency record;
(6) a copy of the
notification given to parents, prior to a child's admission, indicating that
pets are present in the residence and documentation as required in section
142I.19, subdivision 4;
(7) documentation of any
variance requests and the approval or denial of the request in accordance with
section 142I.03; and
(8) the results of each
background study required under chapter 245C.
Subd. 2. Data
privacy. The agency,
commissioner, and authorized agent as defined in section 142B.01, subdivision
5, must have access to license holder records on children in care to determine
compliance with this chapter. All
caregivers must maintain the privacy of records on children by refraining from
discussing or disclosing any records, including electronic records, or
information on children in care to any persons other than the parent of the
child, the agency, the commissioner, and medical or public safety persons if
the information is necessary to protect the health and safety of the child.
Sec. 5. [142I.05]
REPORTING TO AGENCY.
Subdivision 1. Maltreatment,
abuse, and neglect reporting. All
caregivers who suspect, know, or have reason to believe a child is being or has
been maltreated under section 260E.03, subdivision 12, must immediately report
the information to the local welfare agency, agency responsible for assessing
or investigating the report, police department, county sheriff, Tribal social
services agency, or Tribal police as required by chapter 260E.
Subd. 2. Other
reporting. Primary providers
of care must notify the agency:
(1) prior to anyone
moving into the residence where family child care services are provided. A background study must be completed in
accordance with section 245C.13, subdivision 2;
(2)
within ten calendar days after a household member has moved out of the
residence where family child care services are provided;
(3) before a new
caregiver provides direct contact services for the first time, unless an
individual is acting as an emergency replacement according to section 142I.09,
subdivision 2;
(4) of any damage to the
premises that may affect compliance with this chapter or any incident at the
premises that results in the loss of utility services, within 24 hours after
the occurrence;
(5) within 24 hours after
the occurrence of any serious injury, head injury, hospitalization, or death of
a child in care. For the purposes of
this clause, "serious injury" means an injury that reasonably
requires the care of a health care provider or dentist; and
(6) within 24 hours after
the occurrence of an animal bite in accordance with section 142I.19,
subdivision 4.
Sec. 6. [142I.06]
ADMISSIONS; RECORDS; REPORTING.
Subdivision 1. Admission
and ongoing information. (a)
Prior to admission of a child and annually while the child is enrolled, the
parents and primary provider of care must discuss family child care program
policies and licensing requirements.
(b) The license holder
must not disclose a child's record to any person other than the child, the
child's parent or guardian, the child's legal representative, employees of the
license holder, and the agency unless the child's parent or guardian has given
written consent or as otherwise required by law.
Subd. 2. Statutory
summary for parents. A
descriptive summary of this chapter must be distributed to the parent by the
license holder at the time a child is admitted to care. The summary must be provided by the
department to the agencies for distribution to license holders and must:
(1) state that this
chapter and chapter 142B govern the licensing of family child care programs;
(2) specify the section
headings contained in this chapter; and
(3) state that a complete
copy of this chapter is available at the family child care program, agency,
department, or State Law Library or through the revisor of statutes website.
Subd. 3. Parental access. A parent who has enrolled a child must be allowed access to the child and the licensed space at any time while the child is in care unless a court order or other legal documentation restricts access. A copy of the order or other legal documentation must be kept in the child's record at the family child care program.
Subd. 4. Attendance
records. A license holder
must maintain documentation of attendance for each child receiving care for a
minimum of five years. The records must
be accessible to the commissioner during the family child care program's hours
of operation, must be completed on the day of attendance, and must include:
(1) the first and last
name of the child;
(2) the time of day that
the child was dropped off; and
(3) the time of day that
the child was picked up.
Subd. 5. License
holder policies. (a) The
license holder must follow and monitor implementation of the policies and
procedures by all caregivers as required in section 142B.10, subdivision 21.
(b)
When applicable for the program, the license holder must have written policies
available for discussion with parents and the commissioner and provide an
electronic or hard copy to the parent at the time of admission or upon request. The policies must include, at a minimum:
(1) program operation
policies, including:
(i) the ages and numbers
of children the family child care program is licensed to serve;
(ii) the hours and days
of operation, including plans for holiday closings, personal time, and policies
for inclement weather closings;
(iii) fees, including
payment schedule, overtime charges, and registration fees as applicable;
(iv) parental access to
the family child care program that states a parent who enrolls a child must be
allowed access to the child and the licensed space at any time while the child
is in care;
(v) nondiscrimination
practices to comply with section 142I.21;
(vi) the termination of
child care and expulsion notice procedures; and
(vii) the use of a
helper, a substitute for personal leave or holidays, and an emergency
substitute according to the licensing requirements in section 142I.09;
(2) health and safety
policies, including on:
(i) allergy prevention
and response;
(ii) the administration
and storage of medication and topical products;
(iii) the care of ill
children, isolation precautions, symptoms for discharge and return,
immunizations, medicine permission policies, and whether the license holder
will care for an ill child;
(iv) disease
notification procedures, including notifying the parents of exposed children
within 24 hours of a parent or caregiver notifying the license holder of a
reportable disease under section 142I.19, subdivision 9. The notice must be posted in a clearly
visible, accessible place or provided individually to each parent of a child
who was exposed;
(v) meals, snacks,
infant formula, breast milk, and supplemental foods to be provided, including
labeling requirements for food brought from the child's home;
(vi) sleeping and
resting arrangements;
(vii) emergency procedures, fire and storm plans, and transportation in an emergency, including whether parent permission is required;
(viii) how the license
holder prevents abuse of prescription medication or being in any manner under
the influence of a chemical that impairs the caregiver's ability to provide
services or care as required under section 142B.10, subdivision 1, paragraph (c);
and
(ix) the legal
requirements for firearms in a family child care program through a statement
that must include the language under section 142I.19, subdivision 7; and
(3)
program environment policies, including:
(i) behavior guidance
and discipline;
(ii) field trips,
including by foot, and whether parent permission is required;
(iii) the presence of
pets in the family child care program, including notification prior to the
introduction of a new pet to the program;
(iv) the use of screen
time; and
(v) the use of social
media, images, and video in accordance with subdivision 7.
Subd. 6. Records
for each child. (a) The
license holder must obtain the records in this subdivision from parents prior
to the admission of a child. The license
holder must keep this information up to date and on file for each child. The license holder must have a parent
annually review the information in a child's record, update the information as
necessary, and keep the information on file.
(b) For each enrolled
child, the license holder must maintain a signed and completed admission and
arrangement form, as prescribed by the commissioner, and a completed enrollment
form, as developed and approved by the commissioner.
(c) Immunization records
must be kept in accordance with section 121A.15 and Minnesota Rules, chapter
4604. Prior to enrollment, a license
holder must request a child's immunization record. The record must be kept on file and updated
as follows:
(1) for an infant, every
six months;
(2) for a toddler,
annually;
(3) for a preschooler,
every 18 months; and
(4) for a school-age
child, every three years.
(d) For each enrolled
child, the license holder must obtain signed written consent from a parent
allowing the license holder to obtain emergency medical care or treatment for
the child.
(e) A license holder
must release a child from care only to a parent or other person authorized in
writing by the parent. The information
must be reviewed at least annually by the parent and updated when information
changes.
Subd. 7. Social
media, images, and video sharing. (a)
Caregivers are prohibited from sharing photos, videos, or other personal
identifying information of enrolled children, except to provide updates to
parents who have provided written consent.
If a license holder wishes to use photos or videos of the family child
care program and the enrolled children for promotional or publicity purposes,
including on social media accounts or public digital platforms, the license
holder must obtain written consent from parents prior to use.
(b) Notwithstanding
paragraph (a), the license holder must share photos, videos, and other personal
identifying information of enrolled children with the commissioner upon
request.
Subd. 8. Nondiscrimination. A caregiver is prohibited from
discriminating in relation to enrollment in their program based on race, color,
creed, religion, national origin, sex, gender identity, marital status,
disability, sexual orientation, or familial status.
Sec. 7. [142I.07]
CAPACITY AND RATIOS.
Subdivision 1. Capacity
limits. License holders must
be licensed for the total number of children ten years of age or younger who
are present on the premises of the family child care program at any one time
during child care hours, including the caregiver's own children and foster children.
Subd. 2. Capacity,
ratios, and age distribution restrictions.
(a) The commissioner must issue licenses based on the capacity
and ratios in this subdivision.
(b) License holders with
a class A license must meet the following requirements:
|
Class |
Capacity |
Minimum Adult
Caregivers |
Maximum
Children Under School Age |
Maximum Total
Infants and Toddlers |
Maximum Infants
|
|
A |
10 |
1 |
6 |
3 |
2 |
(c) License holders with
a class C license must meet the following requirements:
|
Class |
Capacity |
Minimum Adult
Caregivers |
Maximum
Children Under School Age |
Maximum Total
Infants and Toddlers |
Maximum Infants
|
|
C1 |
5 |
1 |
5 |
3 |
3 |
|
C2 |
10 |
1 |
8 |
4 |
2 |
|
C3 |
12 |
1 |
10 |
3 |
2 |
|
C4 |
14 |
2 |
10 |
6 |
4 |
|
C5 |
18 |
2 |
12 |
5 |
2 |
Subd. 3. Newborn
care. When a newborn is in
care and only one adult caregiver is present, the newborn must be the only
child under 12 months of age present, and the license holder must not care for
more than two other children at the same time unless the newborn is the license
holder's child. When a second adult
caregiver is also present or the newborn is the child of the license holder,
then the newborn is considered an infant for the purposes of child-to-adult
ratios and age distribution restrictions.
Subd. 4. Supervision,
primary provider of care, and use of substitutes. (a) Children in care must be
supervised by an adult caregiver. The
adult caregiver must have knowledge of each child's needs, including but not
limited to developmental and behavioral needs and parental preferences, and be
accountable for each child's care at all times.
A caregiver must be within sight or hearing of newborns, infants,
toddlers, and preschoolers at all times without the use of monitoring devices,
except as provided in section 142I.18.
(b) The primary provider
of care must be the primary caregiver in the family child care program unless a
substitute is being used in accordance with section 142I.09. A helper may be used in place of a second
adult caregiver when there is no more than one newborn, infant, or toddler
present.
(c) The use of a substitute caregiver
must be in accordance with section 142I.09.
Subd. 5. Overnight
care. When a family child
care program has a child in care after 11 p.m. and before 5 a.m.:
(1) at least one adult
caregiver must remain awake and available to respond to children's needs at all
times. The program must maintain
required caregiver-to-child ratios. Additional
caregivers may sleep when ratios are maintained and must be available to resume
supervision when needed;
(2) all awake children
must be given the opportunity to engage in age-appropriate activities in a
separate room away from sleeping children; and
(3) the child care
emergency plan must include a plan tailored to sleeping children.
Subd. 6. Class
C5 licenses. (a) Class C5
licenses must always operate at the level of exit discharge.
(b) A family child care
program with a class C license may operate as a lower C-class level family
child care program on days when the adult-to-child ratios allow it to operate
at a lower capacity.
Subd. 7. Care
of the license holder's own child or children. (a) With the license holder's consent,
an individual may be present in the licensed space and care for the license
holder's own child both inside and outside of the licensed space and is exempt
from the training and supervision requirements of section 142I.10 if the
individual:
(1) is related to the
license holder or to the license holder's child, as defined in section 142I.01,
subdivision 40, or is a household member who the license holder has reported to
the county agency;
(2) is not a caregiver
for the family child care program at the time that they are supervising the
license holder's own child;
(3) only cares for the
license holder's own child; and
(4) does not have direct,
unsupervised contact with any nonrelative children in care.
(b) If the individual in
paragraph (a) is not a household member, the individual is also exempt from
background study requirements under chapter 245C.
(c) Where a caregiver is
also a parent providing care to their own child in the family child care
program, sections 142I.13; 142I.17; 142I.20, subdivisions 1 to 3; and 142I.21
do not apply to caregivers with regards to the care of their own children.
(d) Notwithstanding
paragraph (c), family child care programs with license holders or caregivers
providing care to their own child are not exempt from the capacity, ratio, and
age distribution requirements under this section. License holders and caregivers remain subject
to chapters 260E and 609 and other applicable statutes and rules.
(e) Notwithstanding
paragraph (c), the agency may enforce the standards in sections 142I.13;
142I.17; 142I.20, subdivisions 1 to 3; and 142I.21 when the caregiver's actions
with regards to the care of their own children affect the other children in the
caregiver's care.
Sec. 8. [142I.08]
QUALIFICATIONS.
Subdivision 1. Age. An applicant for a family child care
license must be an adult at the time of application.
Subd. 2. Physical
and behavioral health. (a) An
adult caregiver must be physically and mentally able to care for children. An applicant or primary provider of care must
provide documentation to the agency along with the license application
verifying that the applicant has had a physical examination by a licensed
physician, advanced practice registered nurse, or physician assistant within 12
months prior to the application for initial licensure and that
the
applicant or primary provider of care is physically able to care for children. Prior to assisting in the care of children,
the applicant must also provide documentation verifying that any adult
caregiver has had a physical examination by a licensed physician, advanced
practice registered nurse, or physician assistant within the past 12 months and
is physically able to care for children.
(b) The commissioner may
require a caregiver to provide reports on the caregiver's physical or mental
health from a health care provider when there is reason to believe that a
caregiver exhibits physical or mental health symptoms that could impair the caregiver's
ability to ensure the health and safety of children. The reports must not be used for any other
purpose than to determine whether the caregiver's physical or mental health
impacts the health and safety of children.
Subd. 3. Additional
class C5 license requirements. (a)
An applicant or primary provider of care receiving a class C5 license must have
at least one of:
(1) a minimum of one
year of substantial compliance with this chapter as a Minnesota-licensed family
child care license holder, primary provider of care, or second adult caregiver
and a minimum of 1500 hours of direct care in a family child care program serving
children;
(2) a minimum of six
months of substantial compliance with this chapter as a family child care
license holder, primary provider of care, or second adult caregiver in
Minnesota and:
(i) a minimum of 520
hours of experience as an assistant teacher, student teacher, or intern in an
elementary school, after-school program, or Minnesota-licensed child care
center or as an adult caregiver in a Minnesota‑licensed family child care
program and 30 hours of child care, health, and nutrition training as specified
in section 142I.10; or
(ii) a minimum of 520
hours of experience as a licensed practical or registered nurse, and 30 hours
of child development or early childhood education training, as specified in
section 142I.10;
(3) certification or
licensure indicating completion of one of the following:
(i) a two-year child development or early childhood education associate or certificate program at an accredited college or university;
(ii) a child development
associate certification;
(iii) a certification
from a recognized Montessori organization;
(iv) a bachelor's degree
or higher in early childhood education from an accredited college or
university; or
(v) an elementary
education degree from an accredited college or university that includes a
minimum of 30 hours of child development training; or
(4) six months'
experience working an average of 30 hours a week or more as a teacher, as
defined in section 142H.06, at a Minnesota-licensed child care center.
(b) An applicant or
primary provider of care must complete an additional large group training
created by the commissioner as a condition of receiving a class C5 license.
Subdivision 1. Total
hours allowed. The use of a
substitute caregiver in a family child care program is limited to a cumulative
total of not more than 500 hours annually.
When a substitute is used, prior to the end of each business day the
license holder must document the name, date, and number of hours of each
substitute who provided care.
Subd. 2. Emergency
replacement supervision. (a)
In an emergency, a license holder may allow an adult who has not completed the
training requirements under this chapter or the background study requirements
under chapter 245C to supervise children in a family child care program. For purposes of this subdivision,
"emergency" means a situation in which the license holder has begun
operating the family child care program for the day and for reasons beyond the
control of the license holder, including but not limited to a serious illness
or injury, accident, or situation requiring the immediate attention of the
license holder, the license holder needs to leave the licensed space and close
the program for the day.
(b) To the extent
practicable, the license holder must attempt to arrange for emergency care by a
substitute caregiver before using an emergency replacement.
(c) When an emergency
occurs:
(1) the license holder
or emergency replacement must contact the parents of the children attending the
family child care program and inform the parents that the program is closing
for the day and that the children need to be picked up as soon as practicable;
(2) the license holder
must not knowingly use a person as an emergency replacement who has committed
an action or has been convicted of a crime that would cause the person to be
disqualified from providing care to children if a background study was conducted
under chapter 245C;
(3) the license holder
must make reasonable efforts to minimize the amount of time the emergency
replacement has unsupervised contact with the children in care not to exceed 12
hours per emergency incident;
(4) the family child care program must be closed for the day once the
last unrelated child has left the program; and
(5) the license holder must notify the county licensing agency within seven days that an emergency replacement was used and specify the circumstances that led to the use of the emergency replacement.
(d) The county licensing
agency must notify the commissioner within three business days after receiving
the license holder's notice that an emergency replacement was used and specify
to the commissioner the circumstances that led to the use of the emergency
replacement.
(e) A license holder is
not required to provide the names of persons who may be used as replacements in
emergencies to parents or the county licensing agency. However, once an emergency replacement has
been used, the license holder must provide the name of the individual used to
the county licensing agency.
Sec. 10. [142I.10]
APPLICANT, PRIMARY PROVIDER OF CARE, AND SECOND ADULT CAREGIVER TRAINING
REQUIREMENTS.
Subdivision 1. Initial
training; applicant, primary provider of care, and second adult caregiver. (a) Before providing care, an
applicant, a primary provider of care, and each second adult caregiver must
have completed all required initial training within the prior 24 months.
(b)
Initial training does not need to be completed before providing care in the
following circumstances:
(1) a primary provider of
care who voluntarily closes a license and reopens within 12 months has one year
from the new license's effective date to complete annual and ongoing training
and is exempt from repeating initial training;
(2) a primary provider of
care who relocates within the state has until the end of the calendar year to
complete annual and ongoing training and is not required to repeat initial
training previously completed; and
(3) a primary provider of
care who relocates to a new county must not be required by the new county to
complete orientation or other training required for new applicants.
(c) Each applicant,
primary provider of care, and second adult caregiver must complete and document
the following before providing care:
(1) at least four hours
of child development, learning, or behavior guidance training. An individual is exempt if the individual
provides documentation verifying that the individual:
(i) has completed a
three-credit early childhood development course within the past five years;
(ii) holds a
baccalaureate or master's degree in early childhood education or school-age
child care;
(iii) holds a Minnesota
teaching license in early childhood education, kindergarten through grade 6, or
special education; or
(iv) holds a Montessori
certificate;
(2) the six-hour
supervising for safety for family child care course developed by the
commissioner;
(3) pediatric first aid training provided by an instructor certified to teach pediatric first aid. Current training documentation must be maintained at the family child care program and made available upon request. Online training reviewed and approved by the county licensing agency satisfies this requirement;
(4) pediatric
cardiopulmonary resuscitation (CPR) training that:
(i) is instructor led or
blended with a hands-on skills component.
Online-only CPR courses without a hands-on component do not meet this
requirement;
(ii)(A) is developed by
the American Heart Association or the American Red Cross; or
(B) uses nationally
recognized, evidence-based guidelines for CPR training; and
(iii) is provided by an
instructor approved by the commissioner to teach CPR;
(5) for programs licensed
for children younger than school age, training on reducing the risk of sudden
unexpected infant death and abusive head trauma, which may be combined in a
single commissioner-approved course. This
training must, at a minimum, address the risk factors related to sudden
unexpected infant death and abusive head trauma and the means of reducing the
risk of each;
(6) training on proper
use and installation of child passenger restraint systems under section 169.685
of at least one hour in length that is provided by an instructor certified and
approved by the Department of Public Safety.
At a minimum, the training must address the proper use of child
restraint systems based on the child's size, weight, and
age
and the proper installation of a car seat or booster seat in the motor vehicle
used by the caregiver to transport the child or children. This requirement does not apply to family
child care programs that transport only school-age children as defined in
section 142I.01, subdivision 5, paragraph (e), in child care buses as defined
in section 169.448, subdivision 1, paragraph (e);
(7) training on the child
care emergency plan required under section 142I.19, subdivision 2;
(8) training on allergy
prevention and response required under section 142I.06, subdivision 5,
paragraph (b);
(9) training on the
community-based family child care program plan required under section 142I.22,
if applicable;
(10) training on the
family child care program policies and procedures required under section
142I.06;
(11) training on
reporting suspected maltreatment of children as required under chapter 260E;
and
(12) swimming pool
training under section 142I.14, subdivision 6, if a pool at the family child
care program is used by children in care.
(d) County licensing
staff must accept approved training on the primary provider of care or second
adult caregiver's learning record in the Develop data system for early
education and school-age care.
Subd. 2. Annual
training; primary provider of care and second adult caregiver. (a) A primary provider of care and
each second adult caregiver must annually complete and document the following
training:
(1) at least two hours of
child development, learning, or behavior guidance training. A three-credit early childhood development
course completed within the calendar year meets this requirement;
(2) a two-hour active
supervision course developed or approved by the commissioner;
(3) training on reducing
the risk of sudden unexpected infant death if caring for infants and training
on reducing the risk of abusive head trauma if caring for children under school
age, which must:
(i) be completed in
person or online at least once every two years; and
(ii) in alternating years, be completed through a commissioner-approved
video not exceeding one hour in length; and
(4) at least four hours
of ongoing training each calendar year that must include topics identified in
the Minnesota knowledge and competency framework. Repeat of topical training requirements in
subdivision 1 counts toward the annual ten-hour requirement.
(b) A caregiver who is
approved as a trainer through the Develop data system may count up to two hours
of training instruction toward the annual ten-hour training requirement in
paragraph (a), clause (4), if:
(1) the training is the
first instance in which the caregiver delivers a particular content-specific
training during each training year;
(2) the caregiver is a
Develop-approved active trainer; and
(3) the hours counted as
training instruction are approved through the Develop data system with
attendance verified on the trainer's individual learning record and are in the
knowledge and competency framework content areas VII A, establishing healthy practices,
or B, ensuring safety.
(c)
Unless specifically authorized in this section, one training does not fulfill
two different training requirements. Courses
within the identified knowledge and competency areas that are specific to child
care centers or legal nonlicensed programs do not fulfill the requirements of
this section.
(d) County licensing
staff must accept training designated by the commissioner as satisfying
training requirements if the training is within the knowledge and competency
framework for child development and learning, behavior guidance, and active
supervision as indicated on the department's website.
Subd. 3. Ongoing
training; primary provider of care and second adult caregiver. (a) A primary provider of care and
each second adult caregiver must complete and document the following training:
(1) pediatric
cardiopulmonary resuscitation training that meets the requirements of
subdivision 1, paragraph (c), clause (4), and is repeated every two years
within 90 days of the second anniversary of the previous training. Documentation must be maintained at the
family child care program or electronically and made available upon request;
(2) pediatric first aid
training by a certified instructor repeated every two years within 90 days of
the second anniversary of the previous training. Documentation of the training must be
maintained at the family child care program or electronically and made
available upon request;
(3)
commissioner-developed Health and Safety I and Health and Safety II training at
least once every five years. Completion
of either course in a given year meets the annual active supervision training
requirement in subdivision 2, paragraph (a), clause (2);
(4) proper use and
installation of child passenger restraint systems under section 169.685 that
meets the requirements of subdivision 1, paragraph (c), clause (6), and is
repeated at least once every five years.
This requirement does not apply to family child care programs that
transport only school-age children as defined in section 142I.01, subdivision
5, paragraph (e), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e); and
(5) fire safety training
developed by the State Fire Marshal's Office that must be completed once every
five years.
(b) If a license holder
changes any of the policies and procedures under section 142I.06, subdivision
5, the primary provider of care and each second adult caregiver must review the
revised policies and procedures within ten days of the change.
(c) The license holder
must maintain documentation of each review of the revised policies and
procedures at the family child care program.
The documentation requirements under this paragraph may be met by a date
noted on the revised policies or procedures.
Subd. 4. Commissioner
designated training. Training
designated by the commissioner satisfies the training requirements under this
section if the training is within the knowledge and competency framework for
child development and learning, behavior guidance, and active supervision, as
indicated on the department's website.
Sec. 11. [142I.11]
SUBSTITUTE AND INTERMITTENT CAREGIVER TRAINING REQUIREMENTS.
Subdivision 1. Initial
training; substitute and intermittent caregiver. (a) Before providing care, each
substitute and intermittent caregiver must complete the following training
requirements within the previous 12 months:
(1) the four-hour basics of family child
care for substitutes course developed by the commissioner;
(2)
pediatric first aid training provided by an instructor certified to teach
pediatric first aid. Current training
documentation must be maintained at the family child care program and made
available upon request. Online training
reviewed and approved by the county licensing agency satisfies this
requirement;
(3) pediatric
cardiopulmonary resuscitation training that meets the requirements of section
142I.10, subdivision 1, paragraph (c), clause (4);
(4) for programs
licensed for children younger than school age, training on reducing the risk of
sudden unexpected infant death and abusive head trauma, which may be combined
in a single commissioner-approved course.
This training must, at a minimum, address the risk factors related to
sudden unexpected infant death and abusive head trauma and the means of
reducing the risk of each;
(5) training on proper
use and installation of child passenger restraint systems under section 169.685
of at least one hour in length, provided by an instructor certified and
approved by the Department of Public Safety.
This requirement does not apply to family child care programs that
transport only school-age children as defined in section 142I.01, subdivision
5, paragraph (e), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e). At a
minimum, the training must address the proper use of child restraint systems
based on the child's size, weight, and age and the proper installation of a car
seat or booster seat in the motor vehicle used by the caregiver to transport
the child or children;
(6) training on the
child care emergency plan required under section 142I.19, subdivision 2;
(7) training on allergy
prevention and response required under section 142I.06, subdivision 5,
paragraph (b);
(8) training on the
community-based family child care program plan required under section 142I.22,
if applicable;
(9) training on the
family child care program policies and procedures required under section
142I.06;
(10) training on
reporting suspected maltreatment of children as required under chapter 260E;
and
(11) swimming pool
training under section 142I.14, subdivision 6, if a pool at the family child
care program is used by children in care.
(b) County licensing
staff must accept approved training on the substitute or intermittent
caregiver's learning record in the Develop data system for early education and
school-age care.
Subd. 2. Annual
training; substitute and intermittent caregiver. (a) Substitutes and intermittent
caregivers must complete a minimum of one hour of training each calendar year,
and the training must include the requirements in this section.
(b) Each calendar year,
a substitute or intermittent caregiver must receive training on reducing the
risk of abusive head trauma from shaking infants and young children if caring
for children under school age and reducing the risk of sudden unexpected infant
death if caring for infants. A
substitute must complete each applicable course at least once every two years
either in person or online. In a year a
substitute or intermittent caregiver is not completing an applicable course
under this paragraph in person or online, the individual must watch a video on
the respective topic of no more than one hour in length. The video must be developed or approved by
the commissioner. A license holder must
maintain documentation of compliance with this paragraph for each substitute
and intermittent caregiver employed.
Subd. 3. Ongoing
training; substitute and intermittent caregiver. (a) At least once every three years, a
substitute or intermittent caregiver must complete the four-hour basics of
family child care for substitutes course.
(b) A substitute or
intermittent caregiver must complete the following training:
(1) pediatric
cardiopulmonary resuscitation training that meets the requirements of section
142I.10, subdivision 1, paragraph (c), clause (4), and is repeated every two
years within 90 days of the second anniversary of the previous training. Documentation must be maintained at the
family child care program or electronically and made available upon request;
(2) pediatric first aid
that is given by an instructor certified to provide pediatric first aid and is
repeated every two years within 90 days of the second anniversary of the
previous training. Documentation of the
training must be maintained at the family child care program or electronically
and made available upon request; and
(3) proper use and
installation of child passenger restraint systems under section 169.685 that
meets the requirements of section 142I.10, subdivision 1, paragraph (c), clause
(6), and is repeated at least once every five years. This requirement does not apply to family
child care programs that transport only school-age children as defined in
section 142I.01, subdivision 5, paragraph (e), in child care buses as defined
in section 169.448, subdivision 1, paragraph (e).
Sec. 12. [142I.12]
HELPER TRAINING REQUIREMENTS.
Subdivision 1. Initial training; helper. (a) Before assisting in care, a helper who assists with care must complete a minimum of four hours of training within the previous 12 months. The four hours must include courses on:
(1) reducing the risk of sudden unexpected infant death if the program is licensed to care for infants;
(2) abusive head trauma
if the program is licensed to care for children younger than school age; and
(3) reporting suspected maltreatment of children as required under chapter 260E.
(b) The trainings required under paragraph (a) may be combined in a single commissioner-approved course.
(c) A license holder must
maintain written or electronic documentation showing that each helper has
complied with this subdivision.
Subd. 2. Annual training; helper. (a) Each calendar year, a helper who assists in the care of children must receive training on reducing the risk of sudden unexpected infant death if the program is licensed to care for infants, and abusive head trauma if the program is licensed to care for children younger than school age. The trainings under this paragraph may be combined in a single commissioner-approved course and must, at a minimum, address risk factors, methods of risk reduction in child care, and communication with parents regarding risk reduction.
(b) A license holder must
maintain documentation showing each helper has complied with this subdivision.
(c) County licensing
staff must accept approved training on the helper's learning record in the
Develop data system.
Sec. 13. [142I.13]
BEHAVIOR GUIDANCE.
Subdivision 1. Methods
of promoting positive behavior. A
license holder must:
(1) positively role model acceptable
behavior to each child;
(2)
tailor methods of promoting positive behavior to the developmental level of the
children the family child care program is licensed to serve;
(3) ensure redirection is
used as appropriate in addressing a child's behavior, to guide a child away
from potential challenges toward constructive activity. For the purposes of this clause,
"redirection" means when a caregiver intervenes and guides a child
toward constructive activity through positive techniques;
(4) teach children how to
use acceptable alternatives to reduce conflict; and
(5) protect the safety
and well-being of children and caregivers.
Subd. 2. Prohibited
actions. A license holder
must prohibit every caregiver from:
(1) subjecting a child to
corporal or physical punishment. This
includes but is not limited to rough handling, shoving, hair pulling, ear
pulling, shaking, slapping, kicking, biting, pinching, spitting, hitting, and
spanking;
(2) subjecting a child to
name calling, ostracism, shaming, making derogatory remarks about the child or
the child's family, cultural or racial slurs, and yelling or using profane
language that threatens, humiliates, or frightens the child;
(3) forcing a child to
maintain an uncomfortable position or to continuously repeat physical
movements;
(4) separating a child
from the group except as provided in subdivision 3;
(5) punishing a child
for:
(i) not resting, napping,
or sleeping;
(ii) toileting accidents;
(iii) failing to eat all
or part of meals or snacks; or
(iv) failing to complete
an activity;
(6) denying a child food
or drink or forcing food or drink upon a child;
(7) denying light,
warmth, clothing, or medical care as a punishment for unacceptable behavior;
(8) the use of physical
restraint other than to physically hold a child when containment is necessary
to protect a child or others from harm;
(9) the use of prone
restraints, as prohibited by section 245A.211;
(10) the use of
mechanical restraints, such as tying, or any device or equipment intended to
restrict or prevent movement as a means of discipline or for reasons unrelated
to the child's care, safety, or planned activity;
(11) giving a child any
nonprescribed substance to subdue or restrict movement or behavior;
(12) delegating the
discipline or punishment of a child to another child; and
(13) punishing or shaming a child for the actions of a parent. This includes but is not limited to failure to pay fees, failure to provide appropriate clothing, failure to provide materials for an activity, or any conflict between the license holder or caregiver and the parent.
Subd. 3. Separation
time from the group. A
caregiver must not separate a child from the child's group as a means of
behavior guidance unless the caregiver has tried less intrusive methods of
guiding the child's behavior that have been ineffective and the child's
behavior threatens the well-being of the child or other children in the family
child care program. Separation from the
group must meet the following requirements:
(1) children younger
than three years old must not be separated from the group as a means of
behavior guidance;
(2) the separation time
must be limited to the amount of time necessary for the child to gain
self-control and rejoin the group while being supported by the caregiver;
(3) the child must be
supervised;
(4) the child must not
be placed in a locked room to separate the child from the group; and
(5) the caregiver must
provide the separation time in an age-appropriate, nonhumiliating manner for
the child.
Sec. 14. [142I.14]
PHYSICAL SPACE REQUIREMENTS.
Subdivision 1. Indoor
space. (a) The licensed
capacity of the family child care program must be limited by the amount of
usable indoor space available to children.
A minimum of 35 square feet of usable indoor space is required per
child.
(b) Bathrooms, closets,
space occupied by major appliances, and other space not used by children may
not be counted as usable space. Space
occupied by adult furniture, if it is used by children, may be counted as
usable indoor space.
(c) Usable indoor space
may include a basement if it has been inspected and approved by a fire marshal,
is free of hazards, and meets the requirements of subdivision 4.
(d) All exits leading
from indoor to outdoor space must be fully clear of obstruction.
Subd. 2. Escape
routes. (a) The main means of
escape must be a stairway or door leading to the floor with an exit to the
outside.
(b) Any room that has
sleeping children must have an escape route separate from the main exit
referenced in paragraph (a). This escape
route must be a door or an egress window leading directly outside.
(c) When the basement is used for care, the basement must have at least one escape route separate from the main exit under paragraph (a). This escape route must be a door or an egress window leading directly outside.
(d) Required escape
routes must not be obstructed and must be accessible and openable without
special knowledge.
Subd. 3. Outdoor
learning environment and play space.
(a) A family child care program must have an outdoor play space
of at least 50 square feet per child the program is licensed to serve for
regular use or a park, playground, or play space within 1,500 feet of the
family child care program.
(b) During outdoor play:
(1) the adult caregiver must remain
outdoors with infants, toddlers, and preschoolers at all times;
(2)
school-age children may be permitted in the approved outdoor play space at the
family child care program without a caregiver if:
(i) the children are
engaged in age-appropriate activities using age-appropriate equipment; and
(ii) a caregiver remains
accessible to provide supervision when needed in accordance with section
142I.01, subdivision 46; and
(3) when the outdoor play space is not at the family child care program, a caregiver must accompany and supervise all children in transit and at the outdoor play space.
(c) Caregivers must
prevent children from accessing hazardous materials.
(d) Outdoor play areas
must be protected from traffic and nearby hazards. If traffic or other hazards are present, the
family child care program must have:
(1) a continuous fence in
good condition with functioning gates or a continuous natural barrier or a
combination of fence and naturally occurring or landscaping barrier. The fence or natural barrier must ensure that
children are not able to leave the outdoor play area unsupervised; or
(2) a supervision and safety plan if a fence is not used that includes alternative methods to ensure the health, safety, and protection of children in care.
(e) Electrical fences
must be inaccessible to children in care.
(f) Caregivers must take
measures to protect children from the dangers of sun exposure, extreme heat or
cold, and air quality.
(g) Outdoor equipment,
whether stationary or portable, must be safe, be in good repair, be assembled
according to the manufacturer's guidelines, and meet the developmental needs of
the age groups of children using the space.
(h) Equipment including
but not limited to climbing gyms, swings, and slides must:
(1) not have openings
between 3-1/2 inches and nine inches in size to prevent entrapment of the head
or other body parts;
(2) have guardrails or
protective barriers on platforms that are 30 inches or higher. A protective barrier is a continuous
structure surrounding the platform that is designed to prevent a person from
falling or passing through, whether intentionally or accidentally; and
(3) be assembled,
installed, and utilized according to the manufacturer's guidelines.
Subd. 4. Conditions
of the program. The licensed
space must be maintained in a manner that protects the health and safety of
children in care. The license holder
must ensure that:
(1) the family child care
program space is free from conditions that endanger the health or safety of
children, including unsanitary conditions or excessive accumulation of
materials that can start a fire or create other safety hazards;
(2) the furnishings,
equipment, and materials are arranged and stored so that hallways, stairways,
doors, and exit routes remain unobstructed and usable for safe exit; and
(3) the amount and
placement of stored items do not create an increased risk of fire or injury or
impede the safe supervision of children.
Subd. 5. Portable
wading pools. (a) A child
must not use a portable wading pool as defined in section 144.1222, subdivision
2a, at a family child care program unless the parent of the child has provided
written consent. The written consent
must include a statement that the parent has received and read material
provided by the Department of Health on wading pool safety for parents related
to the risk of disease transmission as well as other health risks associated
with the use of portable wading pools.
(b) The license holder
must empty wading pools daily.
(c) A caregiver must
supervise children at all times while a wading pool is in use and must be able
to clearly see all parts of the wading area.
When not in use under the supervision of a caregiver, wading pools must
be inaccessible to children.
Subd. 6. Swimming
pools. (a) For the purposes
of this subdivision, "swimming pool" has the meaning in section
144.1222, subdivision 2b, and does not include a portable wading pool as
defined in section 144.1222, subdivision 2a, or a spa pool as defined in
Minnesota Rules, part 4717.0250.
(b) A license holder
must comply with the following requirements in order for children in the
program to use a swimming pool located at the program:
(1) not have had a
licensing sanction under section 142B.18 or a correction order or conditional
license under section 142B.16 relating to the supervision or health and safety
of children during the prior 24 months;
(2) notify the county
agency before initial use of the swimming pool each calendar year;
(3) obtain written
consent from a child's parent allowing the child to use the swimming pool and
renew the parent's written consent at least annually. The written consent must include a statement
that the parent has received and read materials provided by the Department of
Health related to the risk of disease transmission as well as other health
risks associated with swimming pools. The
written consent must also include a statement that neither the Department of
Health nor the county agency will monitor or inspect the license holder's
swimming pool;
(4) attend and
successfully complete a swimming pool supervision training course annually;
(5) attend and
successfully complete one of the following swimming pool operator training
courses once every five years:
(i) both of the National
Spa and Pool Institute Tech I and Tech II courses; or
(ii) the National
Recreation and Park Association aquatic facility operator course;
(6) ensure all
toilet-trained children use the bathroom before the children enter the swimming
pool;
(7) require all children
who are not toilet trained to wear swim diapers while in the swimming pool;
(8) if fecal material
enters the swimming pool water, add three times the normal shock treatment to
the pool water to raise the chlorine level to at least 20 parts per million and
close the pool to swimming for the 24 hours following the entrance of fecal
material into the water or until the water pH and disinfectant concentration
levels have returned to the standards specified in clause (10), whichever is
later;
(9) prevent any person
from entering the swimming pool who has an open wound or has or is suspected of
having a communicable disease;
(10)
maintain the swimming pool water at a pH of not less than 7.2 and not more than
8.0, maintain the disinfectant concentration between two and five parts per
million for chlorine or between 2.3 and 4.5 parts per million for bromine, and
maintain a daily record of the swimming pool's operation with pH and
disinfectant concentration readings on days when children cared for at the
family child care program are present;
(11) have a disinfectant
feeder or feeders;
(12) have a
recirculation system that will clarify and disinfect the swimming pool volume
of water in ten hours or less;
(13) maintain the
swimming pool's water clarity so that an object on the pool floor at the pool's
deepest point is easily visible;
(14) comply with the
provisions in section 144.1222, subdivisions 1c and 1d;
(15) have in place and
enforce written safety rules and swimming pool policies;
(16) have in place at
all times a safety rope that divides the shallow and deep portions of the
swimming pool;
(17) maintain compliance
with any existing local ordinances regarding swimming pool installation, decks,
and fencing;
(18) maintain a water
temperature of not more than 104 degrees Fahrenheit and not less than 70
degrees Fahrenheit;
(19) cover the swimming
pool when not in use;
(20) follow the
requirements of subdivision 7; and
(21) for lifesaving
equipment, have a United States Coast Guard-approved life ring attached to a
rope, an exit ladder, and a shepherd's hook available at all times to the
caregiver supervising the swimming pool.
Subd. 7. Water
hazards. (a) Swimming and
wading pools, beaches, wells, or other bodies of water on or adjacent to the
site of the family child care program must be inaccessible to children except
during periods of supervised use.
(b) All water hazards,
such as inground or aboveground swimming pools, hot tubs, stationary wading
pools, fish ponds, and water retention or detention basins on the site of the
family child care program must be enclosed with a permanent fence, wall, building
wall, other physical barrier, or combination thereof that is at least four feet
in height. A house exterior wall can
constitute one side of a fence if the wall has no openings capable of providing
direct access to the hazard, including but not limited to doors or windows.
(c) The family child care program may not allow a child in care to use a swimming pool or beach without an adult caregiver trained in first aid and CPR present.
(d) Bodies of water must
be separated from the play area by a fence or other physical barrier that
prevents children from accessing the water.
The house door alone is not a sufficient barrier.
Subd. 8. Water
play. (a) Parental permission
is not required for children to use splash pads, sprinklers, or other water
toys that spray or jet water on the users and do not have standing water. Splash pads, sprinklers, or other water toys
that retain water are considered wading pools and are required to meet the
requirements of subdivision 5.
(b)
Water tables designed for children to play with their hands must be emptied
daily. The caregiver must supervise
children at all times while a water table is in use and must be able to clearly
see all parts of the water table. When
not in use under the supervision of a caregiver, water tables must be
inaccessible to children.
Subd. 9. Separation
between attached garage and family child care program. The separation wall between the
residence and garage must meet the requirements of Minnesota Rules, part
1309.0302.
Subd. 10. Ventilation,
heating, and cooling systems. (a)
Heating, ventilation, and air conditioning systems must be operated according
to the manufacturer's instructions and in good repair. Gas, coal, wood, kerosene, or oil heaters
must be vented to the outside in accordance with the State Building Code.
(b) Items that can be
ignited and support combustion, including but not limited to plastic, fabric,
and wood products, must not be located within:
(1) 18 inches of a gas
or fuel-oil heater or furnace; or
(2) 36 inches of a
solid-fuel-burning appliance.
(c) If a license holder
produces manufacturer instructions listing a distance closer than the
requirements under paragraph (b), the manufacturer instructions control the
required distance of combustible items from gas, fuel-oil, or
solid-fuel-burning heaters or furnaces.
(d) When in use,
fireplaces, wood-burning stoves, solid-fuel-burning appliances, space heaters,
steam radiators, outdoor fire pits, and other potentially hot surfaces, such as
steam pipes, must be protected by guards or protective covering to keep hands and
bodies away, prevent burns, and prevent fires.
All fireplaces, wood-burning stoves, space heaters, steam radiators, and
furnaces must be installed according to the State Building Code. The furnace, hot water heater, and utility
rooms must be inaccessible to children.
(e) Ventilation of
usable space must meet the requirements of the State Building Code. Outside doors and windows used for
ventilation in summer months must be screened when biting insects are prevalent. The screens must be in good repair. Sources of harmful and unpleasant odors
including urine and pet waste must be removed to the extent possible by
removing the source of the odor or by removing odors through cleaning and
ventilation.
Subd. 11. Temperature. A minimum temperature of 62 degrees
Fahrenheit must be maintained in indoor areas used by children.
Subd. 12. Sewage disposal. Family child care programs must have working toilets and a sewage disposal system that conform to the State Building Code or local septic system ordinances. Toilet training equipment must be emptied and cleaned after each use. Outdoor toilets, including compostable toilets, are permissible in accordance with local septic system ordinances.
Subd. 13. Construction
or remodeling. During
construction or remodeling, children must not have access to construction or
remodeling areas within or around the premises.
Subd. 14. Interior
walls and ceilings. The walls
and ceilings within a family child care program, including those in corridors,
stairways, and lobbies, must have a flame spread rating of 200 or less.
Subd. 15. Electrical
services. (a) All electric
outlets in a family child care program accessible to children must be
tamper-proof or shielded when not in use.
All major electrical appliances must be properly installed and grounded
in accordance with the State Electrical Code and in good working order.
(b)
Electrical wiring must be sized to provide for the load and be in good repair. Extension cords must not be used as a
substitute for permanent wiring.
Subd. 16. Fire
extinguisher. A portable,
operational, multipurpose, and dry chemical fire extinguisher with a minimum
2-A 10-BC rating must be located near the required exit door of the program at
all times. The fire extinguisher must be
serviced annually by a qualified inspector and evidence of annual service must
be documented. All caregivers must know
how to properly use the fire extinguisher.
Subd. 17. Carbon
monoxide and smoke alarms. (a)
A family child care program must have an approved and operational carbon
monoxide alarm installed within ten feet of each area used for sleeping
children in care.
(b) A family child care
program must properly install and maintain smoke alarms models that have been
approved by the Underwriter Laboratory on all levels, including basements, and
in hallways outside rooms used for sleeping children in care. Smoke alarms are not required in crawl spaces
and uninhabitable attics. For family
child care programs in buildings that began construction on or after March 31,
2020, smoke alarms must be installed and maintained in each room used for
children in care to sleep.
Subd. 18. Stairways. All family child care programs with
stairways must:
(1) have handrails on at
least one side of stairways of four or more steps;
(2) enclose any open
area between the handrail and stair tread with a protective guardrail as
specified in the State Building Code. The
back of the stair risers must also be enclosed;
(3) use gates at the top
and bottom of stairways when children who are six to 18 months old are in care;
and
(4) keep stairways well
lit, in good repair, and free of clutter and obstructions.
Subd. 19. Lofted
spaces. Decks, balconies, or
lofts that are used by children and are more than 30 inches above the ground or
floor must be surrounded by a protective guardrail and be constructed in
compliance with the State Building Code.
The State Building Code allows appropriate openings for access to the
spaces under this subdivision, such as a doorway or a gate. Wooden decks must be free of splinters and in
good repair.
Subd. 20. Locks
and latches. (a) A door latch
on a closet or other confining space must be able to be unlatched so that the
door can be opened from inside the closet or other confining space.
(b) Every interior door
lock must permit opening of the locked door from the outside and the opening
device must be readily accessible to all caregivers.
(c) Exit doors must not
have double cylinder locks where a key is required on both sides.
(d) Locks may not be
used in place of supervision.
Subd. 21. Tobacco
products, cannabis, vaping, drugs, and alcohol use prohibitions. (a) Smoking of tobacco, cannabis, or
any other product, including through electronic delivery devices, is prohibited
in both indoor and outdoor family child care program environments and in any
vehicles used by the family child care program during hours of operation.
(b) The use of alcohol or illegal or recreational drugs is prohibited on the premises of a family child care program during hours of operation.
(c) If
the license holder allows smoking of tobacco, cannabis, or any other product,
including through electronic delivery devices, on the premises outside of child
care hours, the license holder must verbally provide notice to parents and must
post written notice in an obvious location disclosing this information.
(d) While caring for
children, a caregiver must not be under the influence of any substance that
impairs the individual's ability to supervise children or perform the
individual's duties.
Sec. 15. [142I.15]
CLEANING AND DISINFECTING.
Subdivision 1. General
requirements. (a) The family
child care program must be free from accumulations of dirt, peeling paint,
visible or known debris, soiled items, hazardous clutter, and pet waste.
(b) Disinfectants must:
(1) not be used prior to
or in place of cleaning compounds;
(2) be mixed and used
according to the manufacturer's instructions; and
(3) be used on surfaces
that are contaminated with bodily fluids.
Subd. 2. Toys. A caregiver must clean and disinfect a
toy that has been in a child's mouth prior to use by another child. Toys that come into contact with bodily
fluids must be cleaned and disinfected prior to next use. Toys must be cleaned and disinfected as
needed if there are visible or known contaminants or debris on them.
Subd. 3. Food
and eating areas. Surfaces
and tools that are used for preparing or serving food must be cleaned.
Subd. 4. Indoor
and outdoor equipment. (a)
The indoor and outdoor space and equipment of the family child care program
must be clean.
(b) Natural features,
elements, and materials used as equipment and play materials for outdoor play
under section 142I.14, subdivision 3, are exempt from being clean, as defined
under section 142I.01, subdivision 16. A
caregiver must inspect natural features, elements, and materials used for
outdoor play for hazardous objects and other safety hazards, including animal
feces, and remove or mitigate the hazard before a child's use.
Subd. 5. Sleeping. Bedding, as defined in section
142I.17, subdivision 10, must be cleaned and disinfected at least weekly or
when visibly dirty.
Subd. 6. Toilet
training equipment. Toilet
training chairs and seats must be cleaned and disinfected after each use.
Subd. 7. Hand
washing. (a) A child's hands
must be washed with soap and running water when soiled, after the use of a
toilet or toilet training chair, and before eating a meal or snack. The caregiver must monitor and assist a child
who needs help. Children's hands must be
dried on a separate or single-use towel.
(b) In sinks and tubs
accessible to children, the water temperature must not be able to exceed 120
degrees Fahrenheit.
(c) Caregivers must wash
their hands with soap and water after each diaper change, after assisting a
child on the toilet, after washing the diapering surface, and before food
preparation. The caregiver's hands must
be dried on a separate or single-use towel.
Subd. 8. Diapers,
changing areas, and disposal. (a)
An adequate supply of clean diapers must be available for each child who uses
diapers. Diapers may be disposable or
made of cloth. Diapers must be stored in
a clean space that is inaccessible to children.
(b) If a family child
care program uses cloth diapers, then:
(1) the cloth diapers
must have an absorbent inner layer that is completely covered with an outer
waterproof layer that has a waist closure;
(2) the cloth diaper and
waterproof layer must be changed at the same time; and
(3) the cloth diapers
supplied by parents, except those supplied by a commercial diaper service, must
be labeled with the child's name and must be placed in a plastic bag after
removal with any soiled clothing and sent home with the parent daily.
(c) Single-service
disposable wipes or clean washcloths must be used for washing a soiled child
before rediapering.
(d) The diaper changing
area must be covered with a smooth, nonabsorbent surface. Changing tables, changing pads, and other
diaper changing areas must be cleaned and disinfected between children, even if
using a nonabsorbent covering that is discarded after each use. Diapering must not take place in a food
preparation area.
(e) Disposable diapers
must be disposed of in a covered container located in the diaper changing area
and lined with a disposable plastic bag or directly outdoors in a garbage can.
Sec. 16. [142I.16]
ENVIRONMENTAL HEALTH.
Subdivision 1. Water
supply. (a) All family child
care programs must have a safe water supply.
(b) Family child care
programs that draw water from privately owned wells must test the water
annually by a Department of Health-certified laboratory for coliform bacteria
and nitrate nitrogen and receive confirmation that the water is safe. The family child care program must submit a
copy of the test results with the agency.
Retesting and corrective measures may be required by the agency if
results do not meet state drinking water standards or where the supply may be
subject to off-site contamination. A
copy of the most recent water testing results must be kept on the licensed
premises. If the water test results are
at or above Department of Health-recommended levels or if the license holder
declines to test the water supply in the program, the license holder must:
(1) supply bottled or packaged water;
(2) use water filtration
devices that have been certified by the National Science Foundation or American
National Standards Institute to remove the contaminant. The water filtration device must be attached
directly to water faucets, inserted into the refrigerator water dispenser, or
inserted into water pitchers or bottles.
The water filtration device must be maintained according to manufacturer
guidelines; or
(3) close the family
child care program to prevent children from using or consuming unsafe water.
Subd. 2. Radon
testing. (a) The license
holder must notify parents whether radon testing has been conducted in the
family child care program upon enrollment and within 30 days of any subsequent
testing done after enrollment.
(b)
When notifying parents, the license holder must use a form prescribed by the
commissioner. The notice must include
information from the Department of Health about what radon is and the potential
risks associated with radon exposure. If
testing has been completed, the notice must include:
(1) the date of the most
recent test;
(2) the rooms or areas
tested; and
(3) the detected radon
level or levels, stated in picocuries per liter (pCi/L).
(c) A copy of the most
recent notice to parents and the radon test results must be kept on site and
made available to parents and the commissioner upon request.
(d) The notification
requirements under this subdivision may be met by posting the form in a
prominent place.
Sec. 17. [142I.17]
ACTIVITIES AND EQUIPMENT.
Subdivision 1. General
activities. Child care
activities must provide for the physical, intellectual, emotional, and social
development of the children in care at a family child care program. Activities must include infants, toddlers,
preschoolers, and school-age children and:
(1) be scheduled indoors
and outdoors daily, weather permitting. When
determining if the weather permits outdoor play, a license holder must defer to
weather advisory notifications, including air quality emergencies, provided by
local weather experts, local or state authority on air quality, or public
health;
(2) be appropriate to the
age and developmental stage of the child;
(3) include active and
quiet activity; and
(4) include both
caregiver- and child-directed activities.
Subd. 2. Equipment. (a) A license holder must provide
children in a family child care program with:
(1) sufficient play
equipment to allow each child a choice of at least three activities involving
equipment when all children are using equipment;
(2) early learning
materials, play equipment, and space that are age and developmentally
appropriate and support understanding of the culturally diverse world; and
(3) play equipment that
is safe, in good repair, and used in accordance with the manufacturer's
instructions, if applicable. Equipment
and play materials not designed or marketed for use by children, including but
not limited to repurposed, homemade, and open-ended items, must be appropriate
to the age and size of children, in good repair, and used under the supervision
of a caregiver. Such equipment and play
materials are not required to have manufacturer's instructions and are subject
to the requirements of this subdivision.
(b) Equipment provided to
children under this section may be new, used, commercially made, or homemade. The equipment must be appropriate for the
ages of the children and for the activities for which it will be used. As appropriate, nature material may be used
in place of any equipment.
Subd. 3. Newborn
or infant activities. A
caregiver must:
(1) hold a newborn or
infant during feedings until the child can hold the bottle. A bottle cannot be propped up for a newborn
or infant;
(2)
respond to a newborn's or infant's attempts to communicate;
(3) develop infant
language and communication by responding to a newborn's or infant's attempts to
communicate by mirroring similar sounds, sharing the child's focus of
attention, talking to the newborn or infant, naming objects, and describing
actions;
(4) provide a newborn or
infant with freedom of movement to sit safely and comfortably, crawl, toddle,
walk, and play both indoors and outdoors throughout the day;
(5) provide a newborn or
infant an opportunity to stimulate the senses by providing a variety of
activities and objects to see, touch, feel, smell, hear, and taste;
(6) provide activities
for a newborn or infant that develop the child's manipulative and fine motor
skills;
(7) provide activities
for self-awareness;
(8) provide activities to
support a newborn or infant to develop social-emotional skills;
(9) provide activities to
support a newborn or infant to develop gross motor skills; and
(10) allow a newborn or
infant actively supervised tummy time. For
the purposes of this clause, "tummy time" means placing a newborn or
infant in a nonrestrictive prone position, lying on their stomach. Tummy time should occur throughout the day
when a newborn or infant is awake. A
newborn or infant must not be wearing anything to restrict movement during
tummy time.
Subd. 4. Newborn
and infant equipment. When
caring for newborns or infants, a license holder must provide:
(1) an infant seat or high chair, as appropriate, for each newborn and infant in attendance;
(2) a crib or portable
crib with a mattress or pad for each newborn and infant in attendance that is
in compliance with current Consumer Product Safety Commission safety standards
and chapter 142B.45. The license holder
must maintain documentation on site that the equipment used meets these
requirements and provide it to the commissioner and parents as requested;
(3) books and literacy
materials;
(4) gross motor activity
equipment; and
(5) fine motor activity
materials.
Subd. 5. Toddler
activities. When caring for
toddlers, a license holder must:
(1) provide the toddler
with freedom of movement and freedom to explore outside the crib or portable
crib and allow the toddler to comfortably sit, crawl, toddle, walk, and play
according to the toddler's stage of development;
(2) talk to, listen to,
and interact with the toddler to encourage language development;
(3) provide the toddler
with activities that develop the toddler's fine and gross motor skills;
(4) give the toddler
opportunities to stimulate the senses by providing a variety of age-appropriate
activities and objects to see, touch, feel, smell, hear, and taste; and
(5) provide activities to support the
toddler to develop social-emotional skills.
Subd. 6. Toddler
equipment. When caring for
toddlers, a license holder must provide:
(1) separate sleeping
equipment for each toddler such as a mat, crib, cot, bed, sofa, or sleeping bag
that is cleaned and maintained as required in subdivision 10 and section
142I.15, subdivision 5;
(2) gross motor play
equipment;
(3) books and literacy
materials;
(4) fine motor, math,
and science materials; and
(5) music, movement, and
art activity materials.
Subd. 7. Preschooler
activities. When caring for
preschoolers, a license holder must:
(1) encourage
conversation between the preschooler and other children and adults;
(2) provide opportunity
to play near and with other children, provide time and space for individual and
group play, allow for quiet times to talk or rest, and allow for unplanned time
and individual play time;
(3) foster understanding
of personal and peer feelings and actions and allow for the constructive
release of a range of feelings through discussion or play;
(4) give assistance in
toileting and provide time to carry out self-help skills and provide
opportunities to be responsible for activities;
(5) provide
opportunities for each preschooler to make decisions about daily activities and
to learn from the decision-making experiences;
(6) provide time and
areas for age-appropriate gross motor play;
(7) provide learning,
fine-motor, manipulative, creative, or sensory activities; and
(8) read stories, look
at books, and talk about new words and ideas with the preschooler.
Subd. 8. Preschooler
equipment. When caring for
preschoolers, a license holder must provide:
(1) separate sleeping equipment for each preschooler such as a mat, bed, cot, sofa, or sleeping bag for each preschooler that is cleaned and maintained as required under subdivision 10 and section 142I.15, subdivision 5;
(2) dramatic play equipment;
(3) books and literacy materials;
(4) fine motor materials;
(5) gross motor play
equipment;
(6) math materials;
(7) science materials;
(8)
music and movement materials; and
(9) art materials.
Subd. 9. School-age
activities and equipment. When
caring for school-age children, a license holder must:
(1) provide
opportunities for individual discussion about the day and planning for
activities;
(2) provide space,
opportunities, and materials or equipment for games, activities, or sports
using the whole body;
(3) have available
space, bedding materials, and opportunities for individual rest and quiet time
required under subdivision 10;
(4) allow increased
freedom as the school-age child demonstrates increased responsibility;
(5) provide
opportunities for group experiences with other children;
(6) provide
opportunities to develop or expand self-help skills or real-life experiences;
and
(7) provide
opportunities and materials for creative and dramatic activity, arts, and
crafts.
Subd. 10. Bedding. Clean, separate, and individual
bedding such as sheets, towels, blankets, or sleeping bags must be available
for each child in care. For children not
using cribs or portable cribs, the license holder must provide developmentally
appropriate mats, cots, or other sleep equipment that can be cleaned and
disinfected according to section 142I.15.
Mats, cots, and other sleep equipment used in the family child care
program must be in good condition and have no tears or holes and be covered in
individual bedding.
Subd. 11. Separation
of personal articles. Separate
towels, wash cloths, water bottles, and drinking cups must be used for each
child and labeled appropriately.
Sec. 18. [142I.171]
NATURAL ELEMENTS AND MATERIALS.
Subdivision 1. Natural
elements and materials. A
license holder may provide children with access to natural elements and
materials as equipment and play materials.
Natural elements and materials and appropriate uses of natural elements
and materials include, but are not limited to:
(1) natural loose parts,
such as sticks, leaves, pine cones, acorns, seeds, pods, bark, and moss for
construction, art, sensory exploration, and imaginative play;
(2) natural materials,
such as dirt, mud, sand, water, ice, and snow for sensory play and exploration;
(3) plants, flowers,
seeds, vegetables, and gardening materials for science exploration and
learning;
(4) rocks, pebbles,
stones, and minerals for counting, sorting, building, and art;
(5) natural areas such
as gardens, prairie, forest, wetlands, and ponds for exploration and learning;
and
(6) other natural elements as appropriate
to age and development of children.
Subd. 2. Supervision. A caregiver must supervise a child's
use of natural elements and materials and provide guidance on safe and
appropriate use. Natural elements and
materials that are a choking hazard must not be accessible to children under
the age of three without direct supervision of a caregiver.
Subd. 3. Other
uses. Natural elements and
materials may qualify as equipment and materials under section 142I.17,
subdivisions 4, 6, 8, and 9.
Sec. 19. [142I.18]
INFANT SLEEP AND CRIB REQUIREMENTS.
Subdivision 1. Safety. All caregivers must follow the crib
safety requirements in section 142B.45 and the requirements to reduce the risk
of sudden unexpected infant deaths in section 142B.46. During routine licensing inspections and when
investigating complaints regarding alleged violations of this section, the
commissioner must review the license holder's documentation required under
section 142B.45.
Subd. 2. Monitoring
sleeping newborns and infants. (a)
Caregivers must directly supervise newborns once they are placed in a crib or
portable crib.
(b) License holders of programs that serve infants are encouraged to monitor sleeping infants by conducting in‑person checks on each infant in the license holder's care every 30 minutes.
(c) Upon enrollment of an infant, the license holder is encouraged to conduct in-person checks on the sleeping infant every 15 minutes during the first four months of care.
(d) When an infant has
an upper respiratory infection, the license holder is encouraged to conduct
in-person checks on the sleeping infant every 15 minutes throughout the hours
of sleep.
(e) Monitors may be used
to supervise infants when the infants are sleeping. However, the use of monitors does not replace
the in-person checks encouraged under paragraphs (b) to (d). When in use, monitors must meet the following
conditions:
(1) the sound monitoring
equipment must be able to pick up the sounds of all infants in the separate
room;
(2) the receiver of the
sound monitoring equipment must be actively monitored by the adult caregiver at
all times; and
(3) sound monitoring
equipment must be checked daily prior to use to ensure it is working correctly. If the sound equipment is not functioning,
infants must sleep in the same room as the adult caregiver.
(f) If music or other
sounds are played in the infant sleep area, the music or other sound equipment
must not be played at a volume that would prevent infants from being heard by
the adult caregiver. This paragraph
applies to fans used to create sound.
Sec. 20. [142I.19]
HEALTH POLICIES AND SAFETY REQUIREMENTS.
Subdivision 1. Handling
and disposal of bodily fluids. (a)
Surfaces that come in contact with bodily fluids must be cleaned and
disinfected as described in section 142I.15.
(b) Blood-contaminated
material must be disposed of in a plastic bag and securely tied.
(c) If a program cares
for a child with a health care need that requires injectable medication, the
program must have a sharps container available.
(d) A
license holder must keep disposable gloves, disposal bags, and eye protection
available. Prescription eyewear does not
meet the requirements of this paragraph.
Subd. 2. Emergencies. (a) A license holder must have a
written child care emergency plan for emergencies that require evacuation,
sheltering, or other protection of children, including for fires, natural
disasters, intruders, or other threatening situations that may pose a health or
safety hazard to children. The plan must
be written on a form prescribed by the commissioner and updated at least
annually. The plan must include:
(1) procedures for an
evacuation, relocation, shelter-in-place, or lockdown;
(2) a designated
relocation site and evacuation route;
(3) procedures for
notifying a child's parent of an evacuation, shelter-in-place, or lockdown,
including procedures for reunification with families;
(4) accommodations for a
child with a disability or a medical condition;
(5) procedures for
storing a child's medically necessary medicine that facilitate easy removal
during an evacuation or relocation;
(6) procedures for
continuing operations in the period during and after a crisis;
(7) procedures for
communicating with local emergency management officials, law enforcement
officials, or other appropriate state or local authorities; and
(8) accommodations for
infants and toddlers.
(b) The license holder must train each caregiver on the child care emergency plan before the caregiver provides care and document this training. The information must be reviewed at least annually and updated when information changes.
(c) The child care
emergency plan must be available for review by the agency during inspections.
(d) In addition to the
emergency plan required under paragraph (a), the license holder must maintain
preparedness for emergencies. An
operable telephone must be located in the family child care program. A cellular telephone may be used if it is
sufficiently charged for use at all times.
Emergency phone numbers for parents must be readily available within the
program and taken on all emergency drills and evacuations.
(e) For severe storms
and tornadoes, the license holder must have a designated area that children can
go to for shelter, a battery-operated flashlight, and a portable radio or TV
available. An application on a
smartphone may be used to meet the requirements of this paragraph. The license holder must follow guidance and
instructions from the Emergency Alert System or local alerting systems.
(f) The license holder
must have a written fire escape plan that includes:
(1) the address of the
family child care program;
(2) emergency phone
numbers;
(3) a designated place
to meet and confirm that all children in attendance are present;
(4)
fire extinguisher locations;
(5) plans for monthly
fire and storm drills; and
(6) escape routes to the
outside from all levels used by children.
In buildings with three or more dwelling units, enclosed exit stairs
must be indicated.
(g) The license holder
must complete a monthly fire and storm drill and have documentation of
completed fire drills available for review by the agency during inspections. The log must include the date of the drill,
the time of day the drill occurred, the name of the caregiver who conducted the
drill, and the length of time taken to evacuate all children safely.
Subd. 3. Transporting
children. Children must only
be transported in an enclosed passenger vehicle capable of using car seats or a
bus operated by a common carrier. When
transporting children in an enclosed passenger vehicle other than a bus
operated by a common carrier, a license holder must:
(1) ensure compliance
with all seat belt and child passenger restraint system requirements under
sections 169.685 and 169.686;
(2) ensure that the
child is fastened in a safety seat, seat belt, or harness appropriate to the
age and weight of the child and the restraint is installed and used in
accordance with the manufacturer's instructions;
(3) only use a vehicle
licensed in accordance with the laws of the state and driven by a caregiver
with a current, valid driver's license. A
copy of the current driver's license for each caregiver who transports a child
in care must be kept at the family child care program;
(4) receive written
permission to transport children from parents prior to transport; and
(5) not allow a child to
remain unattended in any vehicle.
Subd. 4. Pets
and animals. When keeping
pets or animals on the site of a family child care program or allowing children
to have contact with pets or animals, the primary provider of care must:
(1) maintain the pets or
animals in good health and proper housing.
Pets or animals must be appropriately immunized, and rabies vaccinations
must be documented with a current certificate from a veterinarian when
appropriate;
(2) follow all local and state ordinances regarding the keeping, licensing, number, and health status of animals;
(3) restrict any animals
that pose a risk of injury or illness to children from indoor and outdoor areas
used by children;
(4) inform parents in
writing of the presence of pets and animals on the premises. If pets or animals are allowed to roam in
areas occupied by children, the license holder must obtain written
acknowledgment from parents. Parents
must be notified in writing prior to the introduction of a new pet;
(5) keep any reptiles,
amphibians, ferrets, poisonous animals, psittacine birds, exotic animals, and
wild animals inaccessible to children. Licensed
animal exhibitions, such as mobile petting zoos, reptile shows, and educational
presentations are exempt from this clause with written parental notice and
consent;
(6)
not allow any contact between children and pets or animals that is not directly
supervised by an adult caregiver who is in close physical proximity and able to
immediately intervene if the child or animal shows distress or aggression or if
the child is treating the animal inappropriately;
(7) immediately intervene to protect a child when necessary;
(8) prevent pets and
animals from accessing food preparation, storage, and serving areas when food
is being prepared or served, unless confined in a cage or kennel. Litter boxes are prohibited in any food
preparation, storage, or serving areas;
(9) keep indoor and
outdoor areas accessible to children free of animal waste, including litter
boxes and their contents. Pet cages,
enclosures, and aquariums accessible to children must be located and cleaned
away from food areas;
(10) immediately notify
a parent of a child who receives an animal bite or scratch;
(11) notify the local
animal authority whenever an individual is bitten by an animal on the day of
injury. The notification must be made
before any steps are taken to euthanize the animal, and the license holder must
take reasonable steps to confine the animal; and
(12) notify the
licensing agency within 24 hours of any animal bite from an animal housed at
the family child care program.
Subd. 5. Pest
control. (a) A license holder
must take effective measures to protect the family child care program against
pests. The license holder must take
steps to prevent attracting pests and, if pests are present inside the family
child care program, to remove or exterminate the pests.
(b) Chemicals for pest
control must not be applied in areas accessible to children when children are
present. The license holder must use
chemicals according to manufacturer instructions. Only approved, Environmental Protection
Agency-registered insecticides, rodenticides, and herbicides may be used. Application must strictly follow all label
instructions.
Subd. 6. Garbage. Garbage must be inaccessible to
infants and toddlers. Garbage is
considered inaccessible when the garbage container has a lid on.
Subd. 7. Firearms. Ammunition and firearms must be stored
in locked areas separated from areas accessible to children. Firearms must be unloaded while stored.
Subd. 8. First
aid kit. A license holder
must have a first aid kit that is accessible to caregivers in the family child
care program at all times and taken on field trips. A caregiver must have access to first aid
instructions. The first aid kit must
contain:
(1) adhesive bandages in
assorted sizes and tape;
(2) sterile compresses;
(3) scissors;
(4) an ice bag or cold
pack;
(5) a thermometer;
(6)
mild liquid soap, hand sanitizer, or alcohol wipes; and
(7) disposable
powder-free, latex-free gloves.
Subd. 9. Care
of sick children. (a) If the
child becomes sick while at the family child care program, the child must be
separated from other children in care to the extent possible while still
maintaining appropriate supervision, and the child's parent must be called
immediately. When determining if a child
is sick and exclusion is necessary, a license holder must follow:
(1) the requirements on
reportable diseases in Minnesota Rules, parts 4605.7040, 4605.7070, and
4605.7080; and
(2) the guidelines from
the commissioner of health on infectious diseases in child care settings.
(b) When notified a
child in care is sick with a reportable disease under Minnesota Rules, part
4605.7040, 4605.7050, or 4605.7080, the license holder must:
(1) follow the family
child care program policies on reportable or infectious diseases; and
(2) notify the commissioner of health within 24 hours of receiving the parent or staff report. Documentation of the notification must be kept at the family child care program.
(c) Children with a reportable disease in paragraph (b) must be excluded from the family child care program for the length of time specified in the commissioner of health guidelines on infectious diseases in child care settings, until the child can participate in routine activities without more caregiver supervision than usual or until the child's health care provider determines that exclusion is no longer necessary, whichever is longer.
Subd. 10. Medication
administration requirements. (a)
A license holder must obtain written permission from the parent of a child
prior to administering nonprescription medicine, diapering products, sunscreen
lotions, and insect repellents. These
items must be administered according to the manufacturer instructions unless
written instructions for their use are provided by a health care provider.
(b) A license holder
must obtain and follow written instructions from a health care provider or
dentist prior to administering each prescribed medication. For the purposes of this paragraph,
"instructions" means the label on a medicine container with the
child's name and current prescription information.
Sec. 21. [142I.20]
FOOD AND NUTRITION.
Subdivision 1. Feeding. (a) Bottles of frozen breast milk or
formula must be thawed under warm running water, in a container of warm water,
with a warming device, or in a refrigerator.
Thawed milk must be used, sent home, or disposed of the same day it is
thawed.
(b) Caregivers must not
warm plastic bottles, sippy cups, or other plastic food containers in a
microwave.
(c) Once bottle feeding
is complete, any unused portion must be disposed of or stored inaccessible to
children in care. Bottles provided by or
stored at the family child care program must be washed prior to the next use.
(d) Caregivers must not
serve food to infants or toddlers using polystyrene foam (Styrofoam) cups,
bowls, or plates.
Subd. 2. Milk. Cow's milk served to children in care
must be pasteurized. Milk alternatives
that are nutritionally equivalent to cow's milk can be served in place of milk
for children who require it.
Subd. 3. Drinking water. Drinking water from a safe source according to section 142I.16 must be readily available and offered to the children throughout the day in indoor and outdoor areas.
Subd. 4. Meals
and snacks. (a) Well-balanced
meals and snacks must be supplied by the license holder or parents daily. Every meal and snack served to children in
care must meet the following requirements:
(1) breakfast must contain at least three of the following:
(i) pasteurized milk or milk alternatives;
(ii) vegetables;
(iii) fruit; or
(iv) grains;
(2) lunch and dinner must contain at least four of the following:
(i) pasteurized milk or milk alternatives;
(ii) meat or meat alternatives;
(iii) vegetables;
(iv) fruit; or
(v) grains; and
(3) snacks must contain at least two of the following:
(i) pasteurized milk or milk alternatives;
(ii) meat or meat alternatives;
(iii) vegetables;
(iv) fruit; or
(v) grains.
(b) Food, liquids, and
bottles brought from home must be labeled with the first and last name of each
child.
(c) Flexible feeding
schedules must be provided for infants.
(d) When special diets
are required for cultural, religious, or medical reasons, the provider must
obtain written, dated, and signed instructions from the child's parent.
Subd. 5. Food
and liquid safety. (a) Food
and liquids must be handled and stored properly to prevent contamination and
spoilage. Foods and liquids requiring
refrigeration must be refrigerated and maintained at no more than 40 degrees
Fahrenheit. Food requiring heating must
be maintained at no less than 140 degrees Fahrenheit until ready to serve. Frozen foods must be kept frozen until use
and cooked according to the manufacturer's instructions.
(b) Appliances used in
food and liquid storage and preparation must be safe and clean.
(c) All canned food provided by the license holder must be commercially processed. Locally grown fresh and frozen fruits and vegetables may be served at the family child care program. Food canned or preserved at home and home-butchered meats, poultry, and fish may not be served to children in care.
Sec. 22. [142I.21]
CHILDREN WITH SPECIAL HEALTH CARE NEEDS OR DISABILITIES.
(a) For children with
disabilities who require therapy, additional behavior guidance, programming, or
alternative accommodations, a parent or health care provider must provide
written instructions for the license holder to follow.
(b) All activities must be designed to include all children unless a specific medical contraindication exists.
(c) All caregivers
responsible for the care of a child with a disability or special health care
need must explain to a parent and the agency how the child's specific needs are
being met.
(d) Before enrolling a child for care, the license holder must obtain documentation of any known allergies on a form prescribed by the commissioner. The form must be readily available to all caregivers and reviewed by the license holder and each caregiver annually and when any updates or changes are made.
(e) If a child has a
known allergy, the primary provider of care must maintain current information
about the allergy in the child's record, ensure that required medication is on
hand, and follow the allergy plan signed by a treating medical professional. The child's plan must include:
(1) a description of the
allergy;
(2) specific triggers and
avoidance techniques;
(3) symptoms of an
allergic reaction; and
(4) procedures for
responding to an allergic reaction, including any medication and dosage to be
administered in an emergency situation.
(f) A caregiver must call
emergency medical services when epinephrine is administered to a child in the
license holder's care.
(g) The caregiver must
contact the child's parent immediately after any instance of exposure to an
allergen or allergic reaction.
Sec. 23. [142I.22]
COMMUNITY-BASED FAMILY CHILD CARE.
(a) A family child care
program located on a site other than the license holder's primary residence
must be licensed under this section if:
(1) the family child care
program is conducted in a dwelling on a residential lot or in a commercial
space other than the license holder's primary residence;
(2)
the license holder is an organization, employer, church, or religious entity;
or
(3) the license holder
is a community collaborative child care provider. For purposes of this clause, a
"community collaborative child care provider" is a provider
participating in a cooperative agreement with a community action agency as
defined in section 142F.301.
(b) Programs licensed
under paragraph (a) must comply with local zoning regulations, the applicable
State Fire Code, and the State Building Code.
Any age and capacity limitations established by the fire code must be
printed on the license.
(c) A license holder
under this section must designate at least one primary provider of care as
follows:
(1) one individual for
programs operating eight or fewer hours per day;
(2) up to two
individuals for programs operating more than eight but no more than 16 hours
per day; and
(3) up to three
individuals for programs operating more than 16 hours per day.
(d) The license issued
under this section must include the statement:
"This community-based family child care license holder is not
licensed as a child care center. "
(e) The commissioner may
approve up to six licenses at the same location or under one contiguous roof if
each license holder independently meets all applicable requirements and the
program location site does not have an R-2 residential occupancy designation. Each family child care program must operate
as a distinct family child care program within its licensed capacity, age, and
ratio limits as determined by the state fire marshal. Only one license may be issued per
single-family residential home.
(f) The license holder
must notify the commissioner in writing before any change in the persons
designated as primary providers of care.
A primary provider of care is authorized to communicate with the
commissioner on licensing matters.
(g) Each license holder
must complete the commissioner-developed community-based family child care
program plan at the time of initial application, review the plan each calendar
year, and update the plan before any change in program information occurs.
Sec. 24. REVISOR
INSTRUCTION.
(a) The revisor of
statutes must make any necessary changes to statutory cross-references to
reflect the changes in this article.
(b) The revisor of
statutes must replicate the statutory history for all sections and subdivisions
repealed and reenacted in this article.
Sec. 25. REPEALER.
(a) Minnesota Statutes
2024, sections 142B.01, subdivision 13; 142B.41, subdivisions 4 and 8; 142B.62;
142B.70, subdivisions 1, 2, 3, 4, 5, 6, 9, 10, 11, and 12; 142B.71; 142B.72;
142B.74; 142B.75; 142B.76; and 142B.77, are repealed.
(b) Minnesota Statutes
2025 Supplement, sections 142B.41, subdivision 9; and 142B.70, subdivisions 7
and 8, are repealed.
(c) Minnesota
Rules, parts 9502.0300; 9502.0315; 9502.0325; 9502.0335; 9502.0341; 9502.0345;
9502.0355; 9502.0365; 9502.0367; 9502.0375; 9502.0395; 9502.0405; 9502.0415;
9502.0425; 9502.0435; and 9502.0445, are repealed.
Sec. 26. EFFECTIVE
DATE.
This article is effective
July 1, 2027.
ARTICLE 14
MISCELLANEOUS
Section 1. Minnesota Statutes 2024, section 62A.01, is amended by adding a subdivision to read:
Subd. 5. Direct
primary care service agreements. (a)
A direct primary care service agreement under section 62Q.20 is not insurance
and is not subject to this chapter. Entering
into a direct primary care service agreement is not the business of insurance
and is not subject to this chapter or chapter 60A.
(b) A health care
provider or agent of a health care provider is not required to obtain a
certificate of authority or license under this chapter or chapter 60A, 62C,
62D, or 62N to market, sell, or offer to sell a direct primary care service
agreement that meets the requirements of section 62Q.20.
Sec. 2. Minnesota Statutes 2024, section 62A.011, subdivision 3, is amended to read:
Subd. 3. Health plan. "Health plan" means a policy or certificate of accident and sickness insurance as defined in section 62A.01 offered by an insurance company licensed under chapter 60A; a subscriber contract or certificate offered by a nonprofit health service plan corporation operating under chapter 62C; a health maintenance contract or certificate offered by a health maintenance organization operating under chapter 62D; a health benefit certificate offered by a fraternal benefit society operating under chapter 64B; or health coverage offered by a joint self‑insurance employee health plan operating under chapter 62H. Health plan means individual and group coverage, unless otherwise specified. Health plan does not include coverage that is:
(1) limited to disability or income protection coverage;
(2) automobile medical payment coverage;
(3) liability insurance, including general liability insurance and automobile liability insurance, or coverage issued as a supplement to liability insurance;
(4) designed solely to provide payments on a per diem, fixed indemnity, or non-expense-incurred basis, including coverage only for a specified disease or illness or hospital indemnity or other fixed indemnity insurance, if the benefits are provided under a separate policy, certificate, or contract for insurance; there is no coordination between the provision of benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and the benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor;
(5) credit accident and health insurance as defined in section 62B.02;
(6) designed solely to provide hearing, dental, or vision care;
(7) blanket accident and sickness insurance as defined in section 62A.11;
(8) accident-only coverage;
(10) issued as a supplement to Medicare, as defined in sections 62A.3099 to 62A.44, or policies, contracts, or certificates that supplement Medicare issued by health maintenance organizations or those policies, contracts, or certificates governed by section 1833 or 1876, section 1851, et seq.; or section 1860D-1, et seq., of title XVIII of the federal Social Security Act, et seq., as amended;
(11) workers' compensation insurance;
(12) issued solely as a companion to a health maintenance contract as described in section 62D.12, subdivision 1a, so long as the health maintenance contract meets the definition of a health plan;
(13) coverage for on-site
medical clinics; or
(14) coverage supplemental
to the coverage provided under United States Code, title 10, chapter 55,
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS).;
or
(15) coverage provided
under a direct primary care service agreement described under section 62Q.20.
Sec. 3. [62Q.20]
DIRECT PRIMARY CARE SERVICE AGREEMENT.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Direct
fee" means a fee charged by a direct primary care practice as
consideration for being available to provide and for providing primary care
services to a direct patient as specified in the direct agreement.
(c) "Direct
patient" means an individual who is party to a direct agreement and is
entitled to receive primary care services under the direct agreement from the
direct primary care practice.
(d) "Direct primary
care practice" or "direct practice" means a primary care
provider who furnishes primary care services through a direct agreement.
(e) "Direct primary
care service agreement" or "direct agreement" means a written
agreement entered into between a direct primary care practice and a direct
patient, or the direct patient's legal representative, in which the primary care
direct practice charges a direct fee as consideration for being available to
provide and for providing direct primary care services to the direct patient.
(f) "Primary care provider" means a physician who is licensed under chapter 147 or an advanced practice registered nurse licensed under chapter 148, who is authorized to engage in independent practice, and who is qualified to provide primary care services. This term includes an individual primary care provider or a group of primary care providers.
(g) "Primary care
services" means:
(1) routine health care
services, including screening, assessment, diagnosis, and treatment for the
purpose of the promotion of health, and the detection and management of disease
or injury within the competency and training of the primary care provider;
(2) medical supplies and
prescription drugs that are administered or dispensed in the primary care
provider's office or clinic; and
(3)
laboratory work, including routine blood screening and routine pathology
screening performed by a laboratory that is either associated with the direct
primary care practice or is not associated with the direct primary care
practice but has entered into a contract with the practice to provide
laboratory work without charging a fee to the patient for the laboratory work.
Subd. 2. Direct
primary care services agreement requirements. (a) To be considered a direct primary
care service agreement for purposes of this section, the direct agreement must:
(1) be in writing;
(2) be signed by the
primary care provider or agent of the primary care practice and the direct
patient or the patient's legal representative;
(3) allow either party to
terminate the direct agreement upon written notice to the other party according
to subdivision 3;
(4) describe the scope of
the primary care services that are to be covered under the direct agreement;
(5) specify the fee to be
paid on a monthly basis or as specified in the direct agreement; and
(6) specify the duration
of the direct agreement.
(b) The direct agreement
must clearly state that a direct primary care service agreement: is not considered health insurance; does not
meet the requirements of federal law mandating individuals to purchase health
insurance; and the fees charged in the agreement may not be reimbursed or
applied toward a deductible under a health plan offered through a health plan
company.
Subd. 3. Acceptance
and discontinuance of patients. (a)
A direct practice may not decline to accept a new patient or discontinue care
to an existing patient solely on the basis of the patient's health status. A direct practice may decline to accept a
patient if:
(1) the practice has
reached its maximum capacity;
(2) the patient's medical
condition is such that the practice is unable to provide the level and type of
primary care services the patient requires; or
(3) the patient has
previously terminated a direct agreement with the direct practice within the
preceding year.
(b) A direct patient or
the patient's legal representative may terminate a direct agreement for any
reason by providing written notice to the direct practice. Termination of the direct agreement is
effective the first day of the month following the month the termination notice
is provided to the direct practice. A
direct practice may subsequently decline to accept the direct patient as a
patient if the patient has terminated a previous direct agreement with the
direct practice within the preceding year.
(c) A direct practice may
terminate a direct agreement for any reason by providing written notice to the
direct patient or the direct patient's representative. A direct practice must provide notice of
termination at least 30 days prior to the effective date of termination.
(d) A direct practice may
discontinue care to a direct patient if the direct practice discontinues
operation as a direct primary care practice.
Notice must be provided to the direct patient or the patient's legal
representative specifying the effective date of termination. Notice must be sufficient to provide the
patient with the opportunity to obtain care from another provider.
Subd. 4. Direct
fees. (a) The direct fee
charged must represent the total amount due for all primary care services
specified in the direct agreement provided to the direct patient within the
specified time period. The direct fee
must not vary from patient to patient based on the patient's health status or
sex. The direct fee may be paid by the
direct patient, by the patient's legal representative, or on the patient's
behalf by a third party. The direct fee
may be billed at the end of each monthly period or may be paid in advance for a
period not to exceed 12 months.
(b) Upon receipt of a
written notice of termination of the direct agreement from a direct patient or
the patient's legal representative, the direct practice must promptly refund
the unearned amount of the direct fees. If
the direct practice discontinues care for any reason described under
subdivision 3, the direct practice must promptly refund to the direct patient
the unearned amount of the direct fees at a prorated amount of the direct fee
earned for the current month based on the date the notice for termination was
sent to the direct patient or the direct patient's legal representative.
(c) A direct practice
shall not increase the monthly fee that has been negotiated with an existing
direct patient more frequently than on an annual basis. A direct practice must provide advance notice
of at least 60 days to existing patients of any change in the direct fee.
Subd. 5. Conduct
of business. (a) A direct
practice must maintain appropriate accounts regarding payments made and
services received by a direct patient and upon request provide any data
requested to the direct patient or the patient's legal representative.
(b) A direct practice
must not submit a claim for payment to a health plan company for a primary care
service provided to a direct patient that is covered by a direct agreement.
(c) No person shall
make, publish, or disseminate any false, deceptive, or misleading
representation or advertising related to the business of a direct practice.
(d) No person shall
make, issue, or circulate, or cause to be made, issued, or circulated, a
misrepresentation of the terms of a direct agreement or the benefits or
advantages promised, or use the name or title of a direct agreement
misrepresenting the nature of the direct agreement.
Subd. 6. Other
care not prohibited. A direct
primary care practice is not prohibited from providing services to other
patients under a separate contract with a health plan company.
Subd. 7. Enforcement. A violation of this section shall
constitute unprofessional conduct and may be grounds for disciplinary action
under chapters 147 and 148.
Sec. 4. Minnesota Statutes 2024, section 116.943, subdivision 2, is amended to read:
Subd. 2. Information required. (a) On or before January 1, 2026, a manufacturer of a product manufactured after July 1, 2023; sold, offered for sale, or distributed in the state; and that contains intentionally added PFAS must submit to the commissioner information that includes:
(1) a brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
(2) the purpose for which PFAS are used in the product, including in any product components;
(3) the amount of each PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;
(5) any additional information requested by the commissioner as necessary to implement the requirements of this section.
(b) With the approval of the commissioner, a manufacturer may supply the information required in paragraph (a) for a category or type of product rather than for each individual product.
(c) A manufacturer must submit the information required under this subdivision whenever a new product that contains intentionally added PFAS is sold, offered for sale, or distributed in the state and update and revise the information whenever there is significant change in the information or when requested to do so by the commissioner.
(d) A person may not sell, offer for sale, or distribute for sale in the state a product containing intentionally added PFAS if the manufacturer has failed to provide the information required under this subdivision and the person has received notification under subdivision 4.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2025 Supplement, section 145C.18, subdivision 3, is amended to read:
Subd. 3. Compliance
with nonopioid directive; exception. (a)
Except as specified in paragraph paragraphs (b) and (c),
prescribers and health professionals must comply with a nonopioid directive
executed under this section.
(b) A prescriber or a health professional acting on the order of a prescriber may administer an opioid to a patient with a nonopioid directive if:
(1) the patient is being treated, in emergency circumstances, in a hospital setting or in a setting outside a hospital;
(2) in the prescriber's professional opinion, it is medically necessary to administer an opioid to the patient in order to treat the patient, including but not limited to during a surgical procedure when one or more complications arise; and
(3) it is not practical or feasible for the prescriber or health professional to access the patient's health care record.
If an opioid is administered according to this paragraph to a patient with a nonopioid directive, the prescriber must ensure that the patient is provided with information on substance use disorder services.
(c) A prescriber or a
health professional acting on the order of a prescriber may prescribe or
administer an opioid to a patient with a nonopioid directive if the opioid is
prescribed or administered to treat the patient for a substance use disorder.
Sec. 6. Minnesota Statutes 2025 Supplement, section 145C.18, subdivision 4, is amended to read:
Subd. 4. Immunities. Except as otherwise provided by law, the following persons or entities are not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to prescribe, administer, or dispense an opioid to a patient with a nonopioid directive; for the administration of an opioid in the circumstances in subdivision 3, paragraph (b), to a patient with a nonopioid directive; for the prescribing or administration of an opioid in the circumstances in subdivision 3, paragraph (c), to a patient with a nonopioid directive; or for the inadvertent administration of an opioid to a patient with a nonopioid directive, if the act or failure to act was performed in good faith and in accordance with the applicable standard of care:
(2) an employee of a health professional described in clause (1);
(3) a health care facility or an employee of a health care facility; or
(4) an emergency medical services provider.
Sec. 7. Minnesota Statutes 2024, section 471.6161, is amended by adding a subdivision to read:
Subd. 9. School
districts and charter schools; reports.
(a) For purposes of this subdivision, an entity offering or
providing group health insurance includes both health plan companies and
third-party administrators of health plans.
(b) By July 15, 2026, and
July 1 each year thereafter, the Legislative Budget Office must send an annual
survey regarding health insurance costs to all school districts and charter
schools in the state.
(c) The annual survey
must be completed by the school district or charter school using data from its
most recent plan year, be returned to the Legislative Budget Office by
September 1 each year, and provide the following information about school employees who meet the definition of public
employee under section 179A.03, subdivision 14:
(1) the total number of
salaried employees;
(2) the total number of
nonsalaried or hourly employees;
(3) for employees
participating in the group health insurance offered by the school district or
charter school, the total number of people, as of May 1, in each of the
following categories:
(i) salaried employees;
(ii) nonsalaried or
hourly employees; and
(iii) retirees and any
other persons who continue to receive coverage through the school district's or
charter school's health plan after separation from employment;
(4) the total number of
employees not participating in the health plan;
(5) the total number of
insured persons covered by the health plan;
(6) the total dollar
amount the school district or charter school paid in health insurance premiums
on behalf of all employees, not including employee contributions transmitted to
an entity providing group health insurance coverage or payments made on behalf
of former employees;
(7) if a school district
or charter school funds an individual coverage health reimbursement
arrangement, the total amount contributed by the school district or charter
school;
(8) the total amount
employees paid in health insurance premiums;
(9) an accounting of all
forms of compensation, either direct or indirect, including but not limited to
fees, commissions, incentives, or rewards of any kind paid to a broker or
agent, regardless of whether it was billed as a flat fee or percentage of premium
and whether paid directly by the school district or charter school or through
the entity offering group health insurance;
(10)
the name of any entity providing group health insurance the school district or
charter school has contracted with and the expiration date of the contract;
(11) the date range of
the most recent plan year;
(12) for each type of
health plan offered to employees of a school district or charter school:
(i) the name of the plan
and its actuarial value, using the minimum value calculator information
required in bid proposals under section 471.6161, subdivision 8, paragraph (d),
clause (2), and described in Code of Federal Regulations, title 45, section 156.145. The plan data must also delineate amounts for
single, family, and two-party plans, if offered;
(ii) the monthly
contribution by the school district or charter school for each employee group
per plan, including contributions to individual coverage health reimbursement
arrangements;
(iii) the amount per
month an employee must pay in health insurance premiums for the plan; and
(iv) the plan design for
each type of plan, including:
(A) in-network
deductibles;
(B) in-network
out-of-pocket limits;
(C) out-of-network
limits;
(D) co-payments;
(E) the employee's share
of coinsurance; and
(F) the prescription
annual out-of-pocket maximum, if separate from subitem (B);
(13) the dollar or
percentage cost for all prescription levels, commonly generic or tier 1,
formulary or tier 2, and nonformulary or tier 3;
(14) the total amount of
annual contributions, per employee, paid by the school district or charter
school to an individual coverage health reimbursement arrangement or health
savings account, excluding amounts contributed solely to a health care retirement
account;
(15) the total amount
assessed by the entity providing group health insurance as an administrative
fee and the rate of the fee assessed;
(16) if a school district
is self-insured, the total amount that is in a district set-aside health
insurance reserve account; and
(17) any additional items
as determined by the Legislative Budget Office.
(d) The Legislative
Budget Office must compile information from the surveys described above and
provide a report by December 1 each year to the chairs and ranking minority
members of the legislative committees with jurisdiction over education and
health insurance. The Legislative Budget
Office must post the report, including the executive summary and all underlying
data received from school districts and charter schools, on its public website. Data posted on the Legislative Budget
Office's website must be in a standardized format.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Minnesota Statutes 2024,
sections 62U.10, subdivision 4; and 256B.69, subdivision 31a, are repealed.
ARTICLE 15
DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENTS
|
Section 1. HUMAN
SERVICES FORECAST ADJUSTMENTS. |
The sums shown in the
columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2025, First Special
Session chapter 3, article 20, and Laws 2025, First Special Session chapter 9,
article 12, to the commissioner of human services from the general fund or
other named fund for the purposes specified in section 2 and are available for
the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article
mean that the addition to or subtraction from the appropriation listed under
them is available for the fiscal year ending June 30, 2026, or June 30, 2027,
respectively.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
|
2026 |
2027 |
|
Sec. 2. COMMISSIONER
OF HUMAN SERVICES. |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$739,634,000 |
|
$775,035,000 |
|
Appropriations by Fund |
||
|
General Fund |
652,953,000 |
615,407,000 |
|
Health Care
Access Fund |
86,681,000 |
159,628,000 |
|
Subd. 2. Forecasted
Programs |
|
|
|
|
|
(a) General Assistance |
|
7,909,000 |
|
9,653,000 |
|
(b) Minnesota Supplemental Aid |
|
2,976,000 |
|
3,233,000 |
|
(c) Housing Support |
|
29,593,000 |
|
44,727,000 |
|
(d) MinnesotaCare |
|
86,681,000 |
|
159,628,000 |
These
appropriations are from the health care access fund.
|
(e) Medical Assistance |
|
589,777,000 |
|
525,140,000 |
|
(f) Behavioral Health Fund |
|
22,698,000 |
|
32,654,000 |
Sec. 3. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES FORECAST ADJUSTMENTS
|
Section 1. CHILDREN,
YOUTH, AND FAMILIES FORECAST ADJUSTMENTS.
|
The sums shown in the
columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2025, First Special
Session chapter 3, article 22, to the commissioner of children, youth, and
families from the general fund or other named fund for the purposes specified
in section 2 and are available for the fiscal years indicated for each purpose. The figures "2026" and
"2027" used in this article mean that the addition to or subtraction
from the appropriation listed under them is available for the fiscal year
ending June 30, 2026, or June 30, 2027, respectively.
|
|
|
|
APPROPRIATIONS |
||
|
|
|
|
Available for the
Year |
||
|
|
|
|
Ending June 30 |
||
|
|
|
|
2026 |
|
2027 |
|
Sec. 2. COMMISSIONER
OF CHILDREN, YOUTH, AND FAMILIES. |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$(45,161,000) |
|
$(36,451,000) |
|
Appropriations by Fund |
||
|
General Fund |
(22,395,000) |
(10,320,000) |
|
Federal TANF |
(22,766,000) |
(26,131,000) |
|
Subd. 2. Forecasted
Programs |
|
|
|
|
|
(a) MFIP/DWP |
|
|
|
|
|
Appropriations by Fund |
||
|
General Fund |
(7,245,000) |
(3,125,000) |
|
Federal TANF |
(22,766,000) |
(26,131,000) |
|
(b) MFIP Child Care Assistance |
|
(26,220,000) |
|
(18,822,000) |
|
(c) Northstar Care for Children |
|
11,070,000 |
|
11,627,000 |
Sec. 3. EFFECTIVE
DATE.
This article is effective
the day following final enactment.
ARTICLE 17
DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS
|
Section 1. DEPARTMENT
OF HUMAN SERVICES APPROPRIATIONS. |
The dollar amounts shown
in the columns marked "Appropriations" are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2025, First Special
Session chapter 3, article 20, from the general fund or any fund named for the
purposes specified in this article, to be available for the fiscal year
indicated for each
purpose.
The figures "2026" and "2027" used in this article
mean that the appropriations listed under them are available for the fiscal
years ending June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year
2026. "The second year" is
fiscal year 2027. "The
biennium" is fiscal years 2026 and 2027.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
|
2026 |
2027 |
|
Sec. 2. COMMISSIONER
OF HUMAN SERVICES |
|
$-0- |
|
$132,522,000 |
The amounts that may be
spent for each purpose are specified in this article.
|
Sec. 3. CENTRAL
OFFICE; OPERATIONS |
|
$-0- |
|
$2,154,000 |
The general fund base is
increased by $6,741,000 in fiscal year 2028 and increased by $7,577,000 in
fiscal year 2029.
|
Sec. 4. CENTRAL
OFFICE; HEALTH CARE |
|
$-0- |
|
$19,403,000 |
The general fund base is
increased by $59,838,000 in fiscal year 2028 and increased by $60,350,000 in
fiscal year 2029.
|
Sec. 5. CENTRAL
OFFICE; BEHAVIORAL HEALTH |
$-0- |
|
$896,000 |
This is a onetime
appropriation.
|
Sec. 6. CENTRAL
OFFICE; OFFICE OF INSPECTOR GENERAL |
$-0- |
|
$330,000 |
|
Subdivision 1. Crisis
Nursery Licensing Framework |
|
|
|
|
$304,000 in fiscal year
2027 is to develop a licensing framework for crisis nurseries. The base for this appropriation is $358,000
in fiscal year 2028 and $0 in fiscal year 2029.
|
Subd. 2. Base
Level Adjustments |
|
|
|
|
The general fund base is
increased by $384,000 in fiscal year 2028 and increased by $26,000 in fiscal
year 2029.
|
Sec. 7. FORECASTED
PROGRAMS; MEDICAL ASSISTANCE |
$-0- |
|
$94,505,000 |
$100,000,000 in fiscal year
2027 is for the nonfederal share of the directed payment arrangement under
Minnesota Statutes, section 256B.1973. This
is a onetime appropriation and is available until June 30, 2028. This appropriation is not effective until the
day following final enactment of H. F. 2438 in the 2026 regular
legislative session.
|
Sec. 8. GRANT PROGRAMS; CHILD AND ECONOMIC SUPPORT GRANTS |
$-0- |
|
$(407,000) |
Any unexpended amount in
fiscal year 2027 and any amounts in the planning estimate for fiscal year 2028
and fiscal year 2029 for the emergency shelter facility grant and emergency
services grants must be transferred from child and economic support grants to
housing support grants.
|
Sec. 9. GRANT
PROGRAMS; FRAUD PREVENTION GRANTS |
$-0- |
|
$(425,000) |
|
Sec. 10. GRANT
PROGRAMS; HEALTH CARE GRANTS |
$-0- |
|
$1,500,000 |
|
Subdivision 1. Health
Care Navigator Incentive Payment Grants |
|
|
|
|
$250,000 in fiscal year 2027
is for application assistance bonuses to organizations and licensed insurance
producers for applicants successfully enrolled in medical assistance under
Minnesota Statutes, section 256.962, subdivision 5. The base for this appropriation is $500,000
in fiscal year 2028 and $500,000 in fiscal year 2029.
|
Subd. 2. Community
Minigrant Program |
|
|
|
|
$1,250,000 in fiscal year
2027 is for the community minigrant program under Minnesota Statutes, section
256.01, subdivision 2, paragraph (a), clause (6). Grants under this subdivision are subject to
the grant requirements under Minnesota Statutes, chapter 16B. The base for this appropriation is $1,250,000
in fiscal year 2028 and $625,000 in fiscal year 2029.
|
Subd. 3. Base
Level Adjustments |
|
|
|
|
The general fund base is
increased by $1,750,000 in fiscal year 2028 and $1,125,000 in fiscal year 2029.
|
Sec. 11. GRANT
PROGRAMS; HOUSING AND SUPPORT SERVICES GRANTS |
$-0- |
|
$192,000 |
|
Sec. 12. GRANT
PROGRAMS; ADULT MENTAL HEALTH GRANTS |
$-0- |
|
$2,483,000 |
|
Subdivision 1. Mobile
Crisis Grants |
|
|
|
|
$3,800,000 in fiscal year
2027 is for the mobile crisis grants under Minnesota Statutes, sections
245.4661, subdivision 9, paragraph (b), clause (15), and 245.4889, subdivision
1, paragraph (b), clause (4). This is a
onetime appropriation and is available until June 30, 2029.
|
Subd. 2. Base Level Adjustments |
|
|
|
|
The general fund base is
reduced by $1,317,000 in fiscal year 2028 and reduced by $1,317,000 in fiscal
year 2029.
|
Sec. 13. GRANT
PROGRAMS; CHILD MENTAL HEALTH GRANTS |
$-0- |
|
$12,252,000 |
|
Subdivision 1. School-Linked Behavioral Health Grants |
|
|
|
$11,891,000 in fiscal year
2027 is for school-linked behavioral health grants under Minnesota Statutes,
section 245.4901. Grant awards under
this subdivision must allow a grantee to use grant funds for a partnership with
a nonpublic school or a Tribal contract school to provide services to students
attending a nonpublic or Tribal contract school and to provide staff professional
development activities for school's licensed and unlicensed staff. This is a onetime appropriation and is
available until June 30, 2029.
|
Subd. 2. Base
Level Adjustments |
|
|
|
|
The general fund base is
increased by $361,000 in fiscal year 2028 and increased by $361,000 in fiscal
year 2029.
|
Sec. 14. GRANT
PROGRAMS; CHEMICAL DEPENDENCY TREATMENT SUPPORT GRANTS |
$-0- |
|
$(361,000) |
Sec. 15. GRANT
ADMINISTRATION COSTS.
This article appropriates
necessary administrative costs. The
administrative costs retention requirement under Minnesota Statutes, section
16B.98, subdivision 14, is inapplicable to any appropriation in this article
for a grant.
Sec. 16. EXPIRATION
OF UNCODIFIED LANGUAGE.
All uncodified language
contained in this article expires on June 30, 2027, unless a different
expiration date is explicit or an appropriation is made available beyond June
30, 2027.
Sec. 17. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation,
transfer, or cancellation in this article is enacted more than once during the
2026 legislative session, the appropriation, transfer, or cancellation must be
given effect once.
ARTICLE 18
DEPARTMENT OF HEALTH APPROPRIATIONS
|
Section 1. HEALTH
APPROPRIATIONS. |
The dollar amounts shown
in the columns marked "Appropriations" are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2025, First Special
Session chapter 3, article 21, from the general fund or any named fund and are
available for the fiscal years indicated for each purpose. The figures "2026" and
"2027"
used in this article mean that the addition
to or subtraction from the appropriations listed under them are available for
the fiscal years ending June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year
2026. "The second year" is
fiscal year 2027.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
|
2026 |
2027 |
|
Sec. 2. COMMISSIONER
OF HEALTH |
|
$50,440,000 |
|
$89,010,000 |
|
Appropriations by Fund |
||
|
|
2026 |
2027 |
|
General |
50,000,000 |
88,383,000 |
|
State
Government Special Revenue |
440,000 |
627,000 |
The amounts that may be
spent for each purpose are specified in the following sections.
|
Sec. 3. HEALTH
IMPROVEMENT |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
|
|
Appropriations by Fund |
||
|
General |
50,000,000 |
86,330,000 |
|
State
Government Special Revenue |
440,000 |
627,000 |
|
Subd. 2. Helping
Paws |
|
|
|
|
(a) Helping Paws Grant. $200,000 in fiscal year 2027 is from
the general fund for a grant to Helping Paws, Inc., to breed, train, and place
service or facility dogs with individuals who have physical disabilities;
veterans and first responders living with service-related post-traumatic stress
disorder; and professionals in courthouse, educational, and mental health
settings. This is a onetime
appropriation in memory of Speaker Emerita Melissa Hortman. Up to $10,000 in fiscal year 2027 may be used
for administration.
(b) Helping Paws; Private Donations. The commissioner of health may accept
private donations to supplement the state money appropriated under paragraph
(a). All donations accepted by the
commissioner under this paragraph must be deposited in the gift fund and are
appropriated to the commissioner for the purposes of paragraph (a).
|
Subd. 3. Crisis Telephone Services |
|
|
|
|
$1,125,000 in fiscal year
2027 is from the general fund for regional coordination and 24-hour-a-day,
seven-day-a-week statewide crisis telephone services. Up to $112,500 in fiscal year 2027 is for
administration.
|
Subd. 4. Hospital
Stabilization Program |
|
|
|
|
$30,000,000 in fiscal year
2027 is from the general fund for the hospital stabilization program. This is a onetime appropriation. Of this appropriation, $600,000 in fiscal
year 2027 is for the commissioner to administer the program.
|
Subd. 5. Hennepin
Healthcare Stabilization Payments |
|
|
|
|
$50,000,000 in fiscal year
2026 and $54,950,000 in fiscal year 2027 are for direct payments to Hennepin
Healthcare System, Inc., to avoid closure of the Hennepin County Medical Center. The commissioner must make a payment of the
amount appropriated in fiscal year 2026 by June 30, 2026. For the purposes of these payments, the
statewide grant-making requirements, including but not limited to those under
Minnesota Statutes, sections 16A.15; 16B.97; 16C.05, subdivisions 1 to 4 and 6
to 8; and 16C.06, do not apply. The
commissioner may use up to $350,000 in fiscal year 2027 for administration. This is a onetime appropriation. Notwithstanding section 8, this appropriation
is not effective until the day following final enactment of House File No. 2438
from the 2026 regular session.
|
Subd. 6. Licensing and Regulation of Health Maintenance Organizations |
|
|
|
$440,000 in fiscal year 2026
and $440,000 in fiscal year 2027 are from the state government special revenue
fund for licensing and regulation of health maintenance organizations under
Minnesota Statutes, chapter 62D.
|
Subd. 7. All-Payer
Claims Database; Administration |
|
|
|
|
$187,000 in fiscal year 2027
is from the state government special revenue fund for administering the
all-payer claims database under Minnesota Statutes, section 62U.04. The state government special revenue fund
base for this subdivision is increased by $233,000 in fiscal year 2028 and
increased by $291,000 in fiscal year 2029.
|
Subd. 8. All-Payer Claims Database; Data on Fully Denied Claims |
|
|
|
$55,000 in fiscal year 2027
is from the general fund for the collection of data on fully denied claims
according to Minnesota Statutes, section 62U.04, subdivision 4. This is a onetime appropriation.
|
Subd. 9. Base Adjustment |
|
|
|
|
The general fund base is
increased by $1,125,000 in fiscal year 2028 and increased by $1,125,000 in
fiscal year 2029. The state government
special revenue fund base is increased by $673,000 in fiscal year 2028 and
increased by $731,000 in fiscal year 2029.
|
Sec. 4. HEALTH
PROTECTION |
|
$-0- |
|
$2,053,000 |
$2,053,000 in fiscal year
2027 is for rulemaking and administrative activities under Minnesota Statutes,
section 103I.706. This is a onetime
appropriation and is available until December 31, 2029.
Sec. 5. GRANT
ADMINISTRATION COSTS.
This article appropriates
necessary administrative costs. The
administrative costs retention requirement under Minnesota Statutes, section
16B.98, subdivision 14, is inapplicable to any appropriation in this article
for a grant.
Sec. 6. EXPIRATION
OF UNCODIFIED LANGUAGE.
All uncodified language
contained in this article expires on June 30, 2027, unless a different
expiration date is explicit or an appropriation is made available beyond June
30, 2027.
Sec. 7. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation,
transfer, or cancellation in this article is enacted more than once during the
2026 legislative session, the appropriation, transfer, or cancellation must be
given effect once.
Sec. 8. EFFECTIVE
DATE.
This article is effective
the day following final enactment.
ARTICLE 19
DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES APPROPRIATIONS
|
Section 1. CHILDREN,
YOUTH, AND FAMILIES APPROPRIATIONS.
|
The dollar amounts shown
in the columns marked "Appropriations" are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2025, First Special
Session chapter 3, article 22, from the general fund or any fund named for the
purposes specified in this article, to be available for the fiscal year
indicated for each purpose. The figures
"2026" and "2027" used in this article mean that the
appropriations listed under them are available for the fiscal years ending June
30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year
2027. "The biennium" is fiscal
years 2026 and 2027.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
|
2026 |
2027 |
|
Sec. 2. COMMISSIONER
OF CHILDREN, YOUTH, AND FAMILIES |
$-0- |
|
$46,952,000 |
The amounts that may be
spent for each purpose are specified in the following sections.
|
Sec. 3. OPERATIONS AND ADMINISTRATION; AGENCY-WIDE SUPPORTS |
$-0- |
|
$6,546,000 |
|
Subdivision 1. Crisis
Nursery Licensing Framework |
|
|
|
|
$212,000 in fiscal year
2027 is to develop a licensing framework for crisis nurseries. The base for this appropriation is $441,000
in fiscal year 2028 and $0 in fiscal year 2029.
|
Subd. 2. Base
Adjustments |
|
|
|
|
The base is increased by
$6,260,000 in fiscal year 2028 and increased by $5,819,000 in fiscal year 2029.
|
Sec. 4. OPERATIONS
AND ADMINISTRATION; EARLY CHILDHOOD |
$-0- |
|
$281,000 |
|
Sec. 5. OPERATIONS
AND ADMINISTRATION; ECONOMIC OPPORTUNITY AND YOUTH SERVICES |
$-0- |
|
$147,000 |
This is a onetime
appropriation.
|
Sec. 6. OPERATIONS
AND ADMINISTRATION; FAMILY WELL-BEING |
$-0- |
|
$2,818,000 |
The general fund base is
increased by $3,308,000 in fiscal year 2028 and increased by $3,308,000 in
fiscal year 2029.
|
Sec. 7. GRANT
PROGRAMS; SUPPORT SERVICES GRANTS |
$-0- |
|
$10,728,000 |
County allocation for SNAP administrative costs. $10,728,000 in fiscal year 2027 is for
an allocation to counties for SNAP administrative costs. The commissioner must allocate money under
this section to counties based on each county's proportional share of SNAP
administrative costs in the most recent year for which data are available. This is a onetime appropriation.
|
Sec. 8. GRANT
PROGRAMS; CHILD CARE DEVELOPMENT GRANTS |
$-0- |
|
$450,000 |
|
Subdivision 1. Child Care Licensing Basics Training Contract |
|
|
|
$450,000 in fiscal year
2027 is for a contract with a vendor to provide child care licensing basics
training, including course content creation, translation, marketing, promotion,
and underwriting. The base for this
appropriation is $338,000 in fiscal year 2028 and $338,000 in fiscal year 2029.
|
Subd. 2. Base Adjustment |
|
|
|
|
The general fund base is
increased by $338,000 in fiscal year 2028 and increased by $338,000 in fiscal
year 2029.
|
Sec. 9. GRANT
PROGRAMS; CHILDREN'S SERVICES GRANTS |
$-0- |
|
$250,000 |
Forensic Interview Training Scholarships. $250,000 in fiscal year 2027 is for grants to provide training scholarships for recipients to attend nationally recognized forensic interview protocol training. Eligible grantees must award scholarships for recipients to attend basic forensic interview training, advanced forensic interview training, and specialized interview topics training. Scholarship recipients may include individuals in law enforcement, child protection, and prosecution; health professionals investigating, treating, and managing child maltreatment cases in Minnesota; advocates working with a multidisciplinary team; and forensic interviewers at children's advocacy centers. This is a onetime appropriation.
|
Sec. 10. GRANT
PROGRAMS; CHILD AND COMMUNITY SERVICES GRANTS |
$-0- |
|
$15,000,000 |
County Implementation of Minnesota African American Family
Preservation and Child Welfare Disproportionality Act. $15,000,000 in fiscal year 2027 is for
initial county implementation of the Minnesota African American Family
Preservation and Child Welfare Disproportionality Act under Minnesota Statutes,
chapter 260. The commissioner must
distribute this appropriation to counties under Minnesota Statutes, section
260.694. This is a onetime
appropriation.
|
Sec. 11. GRANT
PROGRAMS; CHILD AND ECONOMIC SUPPORT GRANTS |
$-0- |
|
$10,732,000 |
|
Subdivision 1. Regional
Food Bank Grants |
|
|
|
|
$4,900,000 in fiscal year
2027 is for regional food bank grants. This
is a onetime appropriation.
|
Subd. 2. Minnesota
Food Shelf Program |
|
|
|
|
$5,000,000 in fiscal year
2027 is for food shelf programs under Minnesota Statutes, section 142F.14. This is a onetime appropriation.
|
Subd. 3. Base
Adjustment |
|
|
|
|
The general fund base is
increased by $832,000 in fiscal year 2028 and increased by $832,000 in fiscal
year 2029.
Subd. 3. Appropriations from registration and license fee account. (a) The appropriations in paragraphs (b) to (n) shall be made from the registration and license fee account on a fiscal year basis in the order specified.
(b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs (b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be made accordingly.
(c) $100,000 is appropriated to the commissioner of human services for grants for opiate antagonist distribution. Grantees may utilize funds for opioid overdose prevention, community asset mapping, education, and opiate antagonist distribution.
(d) $2,000,000 is appropriated to the commissioner of human services for direct payments to Tribal nations and five urban Indian communities for traditional healing practices for American Indians and to increase the capacity of culturally specific providers in the behavioral health workforce. Any evaluations of practices under this paragraph must be designed cooperatively by the commissioner and Tribal nations or urban Indian communities. The commissioner must not require recipients to provide the details of specific ceremonies or identities of healers.
(e) $400,000 is appropriated to the commissioner of human services for competitive grants for opioid-focused Project ECHO programs.
(f) $277,000 $321,000
in fiscal year 2024 2027 and $321,000 each year thereafter
is appropriated to the commissioner of human services children,
youth, and families to administer the funding distribution and reporting
requirements in paragraph (o) (m).
(g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated to the commissioner of human services for safe recovery sites start-up and capacity building grants under section 254B.18.
(h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to the commissioner of human services for the opioid overdose surge alert system under section 245.891.
(i) $300,000 is appropriated to the commissioner of management and budget for evaluation activities under section 256.042, subdivision 1, paragraph (c).
(j) $261,000 is appropriated to the commissioner of human services for the provision of administrative services to the Opiate Epidemic Response Advisory Council and for the administration of the grants awarded under paragraph (n).
(k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration fees under section 151.066.
(l) $672,000 is appropriated to the commissioner of public safety for the Bureau of Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.
(m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining amount is appropriated to the commissioner of children, youth, and families for distribution to county social service agencies and Tribal social service agency initiative projects authorized under section 256.01, subdivision 14b, to provide prevention and child protection services to children and families who are affected by addiction. The commissioner shall distribute this money proportionally to county social service agencies and Tribal social service agency initiative projects through a formula based on intake data from the previous three calendar years related to substance
(n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in the account is appropriated to the commissioner of human services to award grants as specified by the Opiate Epidemic Response Advisory Council in accordance with section 256.042, unless otherwise appropriated by the legislature.
(o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service agencies and Tribal social service agency initiative projects under paragraph (m) and grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n) may be distributed on a calendar year basis.
(p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs (c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.
EFFECTIVE DATE. This
section is effective July 1, 2026.
Sec. 13. Laws 2024, chapter 117, section 22, is amended to read:
Sec. 22. APPROPRIATIONS;
MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND CHILD WELFARE
DISPROPORTIONALITY ACT.
(a) $5,000,000 in fiscal
year 2025 is appropriated from the general fund to the commissioner of human
services for grants to Hennepin and Ramsey Counties to implement the Minnesota
African American Family Preservation and Child Welfare Disproportionality Act
phase-in program. Of this amount,
$2,500,000 must be provided to Hennepin County and $2,500,000 must be provided
to Ramsey County. This is a onetime
appropriation and is available until June 30 December 31, 2026.
(b) $1,000,000 in fiscal year 2025 is appropriated from the general fund to the commissioner of human services for the African American and disproportionately represented family preservation grant program under Minnesota Statutes, section 260.693. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for administrative costs under this paragraph is $0.
(c) $2,367,000 in fiscal year 2025 is appropriated from the general fund to the commissioner of human services to implement the African American Family Preservation and Child Welfare Disproportionality Act. The base for this appropriation is $3,251,000 in fiscal year 2026 and $3,110,000 in fiscal year 2027.
Sec. 14. GRANT
ADMINISTRATION COSTS.
This article
appropriates necessary administrative costs.
The administrative costs retention requirement under Minnesota Statutes,
section 16B.98, subdivision 14, is inapplicable to any appropriation in this
article for a grant.
Sec. 15. EXPIRATION
OF UNCODIFIED LANGUAGE.
All uncodified language
contained in this article expires on June 30, 2027, unless a different
expiration date is explicit or an appropriation is made available beyond June
30, 2027.
If an appropriation,
transfer, or cancellation in this article is enacted more than once during the
2026 legislative session, the appropriation, transfer, or cancellation must be
given effect once.
Sec. 17. EFFECTIVE
DATE.
This article is
effective the day following final enactment unless otherwise indicated.
ARTICLE 20
OTHER AGENCY APPROPRIATIONS
|
Section 1. OTHER
AGENCY APPROPRIATIONS. |
The dollar amounts shown
in the columns marked "Appropriations" are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2025, First Special
Session chapter 3, articles 23 and 24, from the general fund or any fund named
for the purposes specified in this article, to be available for the fiscal year
indicated for each purpose. The figures
"2026" and "2027" used in this article mean that the
appropriations listed under them are available for the fiscal years ending June
30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year
2027. "The biennium" is fiscal
years 2026 and 2027.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
|
2026 |
2027 |
|
Sec. 2. LEGISLATIVE
COORDINATING COMMISSION |
$17,000 |
|
$74,000 |
|
Subdivision 1. Education Group Insurance Program Report |
|
|
|
$17,000 in fiscal year 2026
and $74,000 in fiscal year 2027 are for the Legislative Budget Office to
complete the annual report under Minnesota Statutes, section 471.6161,
subdivision 9. The base for this
appropriation is $36,000 in fiscal year 2028 and $36,000 in fiscal year 2029.
|
Subd. 2. Base
Adjustment |
|
|
|
|
The general fund base is
increased by $36,000 in fiscal year 2028 and increased by $36,000 in fiscal
year 2029.
|
Sec. 3. COMMISSIONER
OF PUBLIC SAFETY |
|
$-0- |
|
$-0- |
|
Subdivision 1. Child
Care Licensing Modernization |
|
|
|
|
The base in fiscal year
2029 must include $544,000 for child care licensing modernization under
Minnesota Statutes, chapters 142H and 142I.
|
Subd. 2. Base Adjustment |
|
|
|
|
The general fund base is
increased by $544,000 in fiscal year 2029.
|
Sec. 4. COMMISSIONER
OF EDUCATION |
|
$-0- |
|
$(281,000) |
This reduction is for
preschool assessment funding.
|
Sec. 5. COMMISSIONER
OF MANAGEMENT AND BUDGET |
$-0- |
|
$193,000 |
$193,000 in fiscal year 2027
is for administration of the advisory task force on governance and financing of
Hennepin Healthcare System, Inc. This is a onetime appropriation.
|
Sec. 6. ATTORNEY
GENERAL |
|
$-0- |
|
$1,230,000 |
|
Subdivision 1. Medicaid
Fraud Control Unit |
|
|
|
|
$1,230,000 in fiscal year
2027 is for the Medicaid fraud control unit.
The base for this appropriation is $1,230,000 in fiscal year 2028 and
$1,230,000 in fiscal year 2029.
|
Subd. 2. Base
Adjustment |
|
|
|
|
The general fund base is
increased by $1,230,000 in fiscal year 2028 and increased by $1,230,000 in
fiscal year 2029.
Sec. 7. Laws 2024, chapter 127, article 67, section 7, is amended to read:
|
Sec. 7. BOARD
OF DIRECTORS OF MNSURE |
|
$-0- |
|
$2,330,000 |
(a) Information Technology to Implement Federal Deferred Action for
Childhood Arrivals Regulatory Requirements.
$2,330,000 in fiscal year 2025 is for information technology to
implement federal Deferred Action for Childhood Arrivals regulatory
requirements for technology and operational needs. This appropriation is for information
technology enhancements, system readiness, consumer communications, and
operational changes to maintain service continuity and improve the consumer
experience. This is a onetime
appropriation and is available until June 30, 2027.
(b) Transfer to Enterprise Account. The Board of Directors of MNsure must transfer $2,330,000 in fiscal year 2025 from the general fund to the enterprise account under Minnesota Statutes, section 62V.07. This is a onetime transfer.
Sec. 8. GRANT
ADMINISTRATION COSTS.
This article appropriates
necessary administrative costs. The
administrative costs retention requirement under Minnesota Statutes, section
16B.98, subdivision 14, is inapplicable to any appropriation in this article
for a grant.
All uncodified language
contained in this article expires on June 30, 2027, unless a different
expiration date is explicit or an appropriation is made available beyond June
30, 2027.
Sec. 10. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation, transfer, or cancellation in this article is enacted more than once during the 2026 legislative session, the appropriation, transfer, or cancellation must be given effect once."
Delete the title and insert:
"A bill for an act relating to state government; modifying provisions relating to the Department of Health, gas resource development, hospital stabilization, health licensing boards, health care, federal conformity, medical assistance fraud prevention and conforming changes, children, youth, and families policy, children, youth, and families budget, the Minnesota African American Family Preservation and Child Welfare Disproportionality Act, child care center licensing modernization, and family child care licensing modernization; making forecast adjustments for the Department of Human Services and Department of Children, Youth, and Families; appropriating money for the Department of Children, Youth, and Families, Department of Human Services, and other agencies; requiring reports; authorizing rulemaking; providing criminal penalties; amending Minnesota Statutes 2024, sections 8.16, subdivision 1; 16A.152, subdivisions 2, 4, by adding subdivisions; 62A.01, by adding a subdivision; 62A.011, subdivision 3; 62J.17, subdivision 6a; 62J.2930, subdivision 1; 62K.02, subdivision 2; 62K.03, subdivision 6; 62K.075; 62K.105; 62K.14; 62U.04, subdivisions 4, 13, by adding a subdivision; 62V.05, subdivision 7; 62V.13; 93.514; 103I.001; 103I.005, subdivisions 9, 21, by adding subdivisions; 103I.601, subdivision 1, by adding subdivisions; 116.943, subdivision 2; 116J.035, by adding a subdivision; 124D.19, by adding a subdivision; 142A.43; 142B.10, subdivision 18; 142B.30, by adding a subdivision; 142B.65, subdivision 7; 142B.70, subdivision 6; 142C.12, subdivision 3; 142D.05, subdivision 8; 142D.21, subdivision 6; 142D.25, subdivision 3; 142E.04, subdivision 4; 144.059, subdivision 8; 144.1222, subdivision 4, by adding a subdivision; 144.1501, subdivision 2; 144.1503, subdivision 7; 144.1505, subdivisions 1, 2, 3; 144.1507, subdivisions 1, 2, 4, by adding a subdivision; 144.1911, subdivisions 1, 5, 6; 144.293, subdivision 7; 144.551, subdivision 1, as amended; 145.56, subdivision 5; 145.561, subdivision 2; 145.882, by adding subdivisions; 145A.04, subdivision 15; 145A.14, subdivision 2a; 148.01, subdivisions 1, 4, by adding subdivisions; 148.09; 148.10, by adding a subdivision; 148.102, subdivision 3; 148.105, subdivision 1; 148.517, subdivisions 1, 2; 148.5191, subdivision 4; 149A.91, subdivision 3; 149A.94, subdivision 1; 149A.955, subdivision 14; 151.01, subdivision 35, by adding a subdivision; 151.555, subdivision 7; 151.741, subdivision 4; 214.10, subdivision 2a; 214.41; 245A.211, subdivision 1; 245C.04, subdivision 1; 245C.15, subdivisions 2, 3, 4; 256.01, by adding a subdivision; 256.969, subdivisions 2b, 25; 256B.04, subdivision 27; 256B.05, subdivision 5, by adding a subdivision; 256B.055, subdivision 17; 256B.056, subdivisions 1, 2a, 3d, 7, 7a; 256B.0561, subdivision 2; 256B.06, subdivision 4; 256B.061; 256B.0631, subdivision 1a, by adding subdivisions; 256B.75; 256L.05, subdivision 3; 256L.06, subdivision 3; 259.83, subdivision 1, as amended; 260.63, subdivision 10; 260.64, subdivision 2; 260.67, subdivision 1; 260.68, subdivision 2; 260.69, subdivision 1; 260.693, subdivision 2; 260C.190, subdivision 1; 260C.212, subdivisions 1, 4a, by adding a subdivision; 260C.451, subdivisions 2, 3, 3a; 295.52, subdivision 8; 383B.903, subdivisions 1, 4; 383B.904, subdivision 1; 383B.908, subdivisions 5, 7; 471.6161, by adding a subdivision; 609.52, subdivision 2; Minnesota Statutes 2025 Supplement, sections 3.732, subdivision 1; 62K.10, subdivision 2; 144.125, subdivision 1; 145A.061, subdivision 3; 145C.18, subdivisions 3, 4; 148.108, subdivision 5; 151.741, subdivision 5; 256.043, subdivision 3; 256.9657, subdivision 2b; 256.969, subdivision 2f; 256B.0625, subdivision 8; 256B.12; 256B.1973, subdivision 9; 256B.69, subdivision 6d; 256B.695, subdivision 5; 260.691, subdivision 1; 260.692, subdivisions 1, 2, 3; 260C.451, subdivision 8; 268.19, subdivision 1; 609.531, subdivision 1; 609.902, subdivision 4; 628.26; Laws 2023, chapter 68, article 1, sections 2, subdivision 2, as amended; 3, subdivision 2, as amended; Laws 2024, chapter 117, sections 9; 21; 22; Laws 2024, chapter 127, article 67, section 7; Laws 2025, First Special Session chapter 3, article 8, section 25; article 23, section 2, subdivision 12; Laws 2026, chapter 88, article 1, section 181; proposing coding for new law in Minnesota Statutes,
|
We request the adoption of this report and repassage of the bill. |
||
|
Senate Conferees: Melissa Wiklund, Alice Mann and Liz Boldon. |
||
|
|
|
|
|
House Conferees: Robert Bierman, Liz Reyer, Jeff Backer and Danny Nadeau |
||
Bierman moved that the report of the
Conference Committee on S. F. No. 4612 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 4612, A bill for an act relating to state government; modifying provisions relating to the Department of Health, gas resource development, hospital stabilization, health licensing boards, health care, federal conformity, medical assistance fraud prevention and conforming changes, children, youth, and families policy, children, youth, and families budget, the Minnesota African American Family Preservation and Child Welfare Disproportionality Act, child care center licensing modernization, and family child care licensing modernization; making forecast adjustments for the Department of Human Services and Department of Children, Youth, and Families; appropriating money for the Department of Children, Youth, and Families, Department of Human Services, and other agencies; requiring reports; authorizing rulemaking; providing criminal penalties; amending Minnesota Statutes 2024, sections 8.16, subdivision 1; 16A.152, subdivisions 2, 4, by adding subdivisions; 62A.01, by adding a subdivision; 62A.011, subdivision 3; 62J.17, subdivision 6a; 62J.2930, subdivision 1; 62K.02, subdivision 2; 62K.03, subdivision 6; 62K.075; 62K.105; 62K.14; 62U.04, subdivisions 4, 13, by adding a subdivision; 62V.05, subdivision 7; 62V.13; 93.514; 103I.001; 103I.005, subdivisions 9, 21, by adding subdivisions; 103I.601, subdivision 1, by adding subdivisions; 116.943, subdivision 2; 116J.035, by adding a subdivision; 124D.19, by adding a subdivision; 142A.43; 142B.10, subdivision 18; 142B.30, by adding a subdivision; 142B.65, subdivision 7; 142B.70, subdivision 6; 142C.12, subdivision 3; 142D.05, subdivision 8; 142D.21, subdivision 6; 142D.25, subdivision 3; 142E.04, subdivision 4; 144.059, subdivision 8; 144.1222, subdivision 4, by adding a subdivision; 144.1501, subdivision 2; 144.1503, subdivision 7; 144.1505, subdivisions 1, 2, 3; 144.1507, subdivisions 1, 2, 4, by adding a subdivision; 144.1911, subdivisions 1, 5, 6; 144.293, subdivision 7; 144.551, subdivision 1, as amended; 145.56, subdivision 5; 145.561, subdivision 2; 145.882, by adding subdivisions; 145A.04, subdivision 15; 145A.14, subdivision 2a; 148.01, subdivisions 1, 4, by adding subdivisions; 148.09; 148.10, by adding a subdivision; 148.102, subdivision 3; 148.105, subdivision 1; 148.517, subdivisions 1, 2; 148.5191, subdivision 4; 149A.91, subdivision 3; 149A.94, subdivision 1; 149A.955, subdivision 14; 151.01, subdivision 35, by adding a subdivision; 151.555, subdivision 7; 151.741, subdivision 4; 214.10, subdivision 2a; 214.41; 245A.211, subdivision 1; 245C.04, subdivision 1; 245C.15, subdivisions 2, 3, 4; 256.01, by adding a subdivision; 256.969, subdivisions 2b, 25; 256B.04, subdivision 27;
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 108 yeas and 26 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dotseth
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Rehm
Rehrauer
Repinski
Reyer
Robbins
Schomacker
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Bennett
Bliss
Burkel
Davis
Dippel
Duran
Engen
Fogelman
Gordon
Hudson
Jacob
Joy
Knudsen
McDonald
Mekeland
Murphy
O'Driscoll
Quam
Rarick
Roach
Rymer
Schultz
Stier
Van Binsbergen
Wiener
The bill was repassed, as amended by
Conference, and its title agreed to.
MOTIONS AND
RESOLUTIONS
TAKEN FROM
THE TABLE
Niska moved that
H. F. No. 2438, as amended by Conference, be taken from the
table. The motion prevailed and H. F. No. 2438, as amended by Conference, was
taken from the table.
H. F. No. 2438, as amended
by Conference, was again reported to the House.
H. F. No. 2438, A bill for an act relating to financing and operation of state and local government; modifying individual income taxes, corporate franchise taxes, property taxes and credits, local government aids, sales and use taxes, minerals taxes, tax increment financing provisions, public finance provisions, and other various taxes and tax-related provisions; providing for federal income tax conformity; modifying income tax credits; modifying provisions related to claims for income tax refunds; providing for a direct free filing system for individual income taxes; extending the pass-through entity tax; providing for seasonal tax base replacement aid; modifying property tax exemptions and classifications; providing a onetime increase in homestead credit refunds; modifying distributions of minerals tax proceeds and exemptions for contributions to certain funds; exempting certain sales and purchases; providing for return of funds, cancellations, and transfers; making minor policy and technical changes; requiring reports; appropriating money; amending Minnesota Statutes 2024, sections 41A.30, subdivisions 1, 2, 7; 41B.0391, by adding a subdivision; 123B.53, subdivision 1; 123B.535, subdivision 1; 126C.17, by adding a subdivision; 270B.14, subdivision 3, by adding a subdivision; 270B.15; 270C.055, by adding a subdivision; 270C.56, subdivision 1; 272.02, subdivision 101, by adding a subdivision; 273.032; 273.111, subdivision 9; 289A.02, subdivision 7; 289A.08, subdivisions 7, 7a; 289A.40, subdivision 1; 289A.60, subdivision 6; 290.01, subdivisions 19, as amended, 29, 31; 290.0122, subdivision 4; 290.0131, subdivision 15, by adding subdivisions; 290.0132, by adding subdivisions; 290.0133, by adding subdivisions; 290.0134, by adding subdivisions; 290.0137; 290.033; 290.06, subdivisions 2h, 40; 290.067; 290.0921, subdivision 3; 290.0922, subdivisions 2, 3; 290.21, subdivisions 9, 10; 290A.03, subdivision 15; 291.005, subdivision 1; 295.52, subdivision 5; 297A.68, by adding a subdivision; 297A.993, subdivision 4; 297B.03; 298.225; 298.227; 298.28, subdivisions 2, 3, 4, 7a, 8, 9a, 9b, 11, by adding a subdivision; 298.282, subdivision 1; 383A.80, subdivision 4; 383B.80, subdivision 4; 428B.02, subdivision 4; 469.060, subdivision 3; 469.0773; 469.081, subdivision 3a; 469.176, subdivision 2; 477A.30, subdivision 8; Minnesota Statutes 2025 Supplement, sections 41A.30, subdivision 5; 41B.0391, subdivisions 2, 4, 6a; 126C.13, subdivision 4; 268.19, subdivision 1; 273.13, subdivision 22; 290.06, subdivisions 2c, 23a; 290.091, subdivision 2;
The bill was placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 126 yeas and 8 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dippel
Dotseth
Duran
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Bennett
Davis
Engen
Fogelman
Murphy
Roach
Robbins
Wiener
The bill was repassed, as amended by
Conference, and its title agreed to.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES
FROM THE SENATE
The
following message was received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 4476.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Thomas S. Bottern, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 4476
A bill for an act relating to state government; modifying provisions relating to human services continuity of care, aging and disability services, and behavioral health services; modifying provisions relating to health regulation of certain long-term care facilities and agencies; modifying provisions relating to Direct Care and Treatment; requiring reports; establishing working groups; providing for civil penalties; permitting retrieval fee for records; providing for transfers and cancellation of money; appropriating money; amending Minnesota Statutes 2024, sections 15.43, subdivision 3; 62A.135, subdivision 1; 62A.46, subdivision 2; 72A.13, subdivision 1; 144.0724, by adding a subdivision; 144.121, subdivision 9; 144.1503, subdivision 7; 144.292, subdivision 6; 144A.291, subdivision 2; 144A.471, subdivision 8; 144G.09, subdivision 2; 144G.15; 144G.16, by adding a subdivision; 144G.195, subdivision 1; 144G.31, subdivision 7; 144G.40, by adding a subdivision; 144G.41, subdivisions 1, 2, by adding a subdivision; 144G.45, subdivision 3; 144G.60, subdivision 4; 144G.61, subdivision 2; 144G.63, subdivisions 2, 5, by adding a subdivision; 245A.04, subdivisions 2, 2a; 245A.042, by adding a subdivision; 254A.03, subdivision 2; 254B.17; 256.01, subdivision 21; 256B.04, subdivisions 5, 23, by adding subdivisions; 256B.0625, by adding a subdivision; 256B.064, subdivisions 1c, 1d, 2; 256B.0659, subdivisions 12, 16, 17, 19; 256B.0761, subdivision 2; 256B.0911, subdivision 26; 256B.0913, subdivision 4; 256B.092, subdivision 5; 256B.49, subdivision 11; 256B.85, by adding subdivisions; 297E.02, subdivision 3; Minnesota Statutes 2025 Supplement, sections 144.0724, subdivision 2; 144.121, subdivision 1a; 144A.474, subdivision 11; 144A.4799, subdivision 1; 144G.19, subdivision 5; 145D.40, by adding a subdivision; 145D.41, subdivisions 1, 2, by adding a subdivision; 254B.02, subdivision 5; 254B.0503, subdivision 1; 254B.0509, subdivision 2; 256.4792, subdivisions 1, 7, by adding a subdivision; 256B.0625, subdivisions 17, 18i; 256B.064, subdivision 1a; 256B.092, subdivision 3b; 256B.49, subdivision 17a; 256B.85, subdivision 7; 256I.04, subdivision 2a; Laws 2023, chapter 61, article 1, sections 61, subdivision 4, as amended; 67, subdivision 3, as amended; article 9, section 2, subdivision 5, as amended; Laws 2024, chapter 125, article 1, section 47; article 8, section 2, subdivisions 4, 14, as amended, 20; Laws 2025, First Special Session chapter 3, article 8, section 43; article 20, section 19, subdivision 1; article 21, section 3, subdivision 2; Laws 2025, First Special Session chapter 9, article 2, section 58, subdivision 9; article 4, sections 2; 23; 38; 39; 40; 41; 42; 43; 44; 50; proposing coding for new law in Minnesota Statutes, chapters 62A; 144A; 145D; 256B; repealing Minnesota Statutes 2024, sections 256B.055, subdivision 14; 256B.0921; Minnesota Statutes 2025 Supplement, sections 256B.4907, subdivisions 1, 2, 3, 4, 5, 6; 256S.205, subdivision 7; Laws 2019, First Special Session chapter 9, article 5, section 86, as amended; Laws 2021, First Special Session chapter 7, article 13, sections 73, as amended; 75, subdivision 1, as amended.
The Honorable Bobby Joe Champion
President of the Senate
The Honorable Lisa M. Demuth
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 4476 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 4476 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
CONTINUITY OF CARE
Section 1. [256B.045]
CONTINUITY OF CARE.
Subdivision 1. Definitions. (a) For purposes of this section and
section 256B.046, the following terms have the meanings given.
(b) "Administrative
action" means an action undertaken by the commissioner to sanction a
provider or obtain monetary recovery under section 256B.064, suspend or revoke
a provider's license under section 245A.07, or initiate a payment withhold under
section 245.095 or 256B.064.
(c) "Complex
transition" means that a recipient, without intensive transition planning
and coordination, is likely to experience or has experienced an avoidable
hospitalization, institutionalization, serious clinical deterioration, or loss
of housing as a result of an administrative action or serious operational
event.
(d) "Lead
agency" means the county, Tribe, or managed care organization responsible
for administering medical assistance to a recipient.
(e)
"Recipient" means an enrollee, participant, resident, or other
individual receiving community residential services, family residential
services, customized living, 24-hour customized living, integrated community
supports, residential substance use disorder treatment services, or residential
mental health treatment services under medical assistance.
(f) "Serious
operational event" means insolvency, receivership, bankruptcy,
abandonment, inability of a provider to safely operate, or any other
circumstances disrupting a provider's ability to continue to provide services
or operate a service setting.
Subd. 2. Provider
duties. (a) If a medical
assistance service provider determines it is unable to continue to provide
services to a recipient due to a serious operational event, the provider must:
(1) notify each
recipient; each recipient's responsible party, if applicable; the lead agency;
and the commissioner as soon as possible but no later than 30 days before
terminating services to each recipient;
(2) fully cooperate with
the commissioner and lead agency in supporting each recipient in transitioning
to another provider of each recipient's choice; and
(3)
provide each recipient with a copy of the relevant recipient bill of rights or
recipient protections, if applicable, as soon as possible but no later than 30
days before terminating services.
(b) Nothing in this
section absolves a provider of its obligations under chapters 144A, 144G, 245A,
245D, 245I, and 245G with respect to service suspensions, service terminations,
contract terminations, and coordinated moves.
The commissioner of health, the commissioner of human services, or both,
may impose any sanctions available under law for violations of state statute or
a licensing requirement even if the provider complies with this section and
section 256B.046.
Subd. 3. Lead
agency duties. (a) When a
provider is subject to an administrative action or serious operational event,
the lead agency must:
(1) inform the
appropriate ombudsperson's office for each recipient currently receiving
services, if applicable, that the recipient's service provider is subject to an
administrative action or is experiencing a serious operational event; and
(2) directly notify each
recipient who receives services from the provider that the recipient's service
provider is subject to an administrative action or is experiencing a serious
operational event.
(b) When a service
provider provides notice under subdivision 2 that it is unable to continue to
provide services to a recipient due to an administrative action or serious
operational event, the lead agency must assist the provider in developing a
continuity of care plan to facilitate the recipient's transition to another
provider of the recipient's choice. The
continuity of care plan must be developed through a person-centered process and
include alternative service options, settings, and service providers with known
service capacity. The lead agency must
complete and receive approval from the recipient of the continuity of care plan
no later than 14 days following the notification under subdivision 2.
(c) When a lead agency
identifies a recipient's transition as a complex transition under section
256B.046, the lead agency must develop a complex transition plan and cooperate
with and provide information to the commissioner as requested so that the commissioner
can ensure each recipient receives continuity of medically necessary services
and supports through a safe and orderly transition to an appropriate
alternative service provider.
(d) Nothing in this
section prohibits the lead agency from contacting the commissioner or
continuity of care team established in subdivision 4 to request support in
ensuring continuity of care.
Subd. 4. Commissioner's
duties. (a) When the
commissioner takes an administrative action against a provider, the
commissioner must endeavor to contact the lead agency administering services
for potentially affected recipients as soon as practicable and no later than 30
days prior to the administrative action becoming effective. The commissioner must ensure that the lead
agency is taking appropriate steps to ensure continuity of care and that the
affected recipients will:
(1) continue to receive needed medically necessary services and supports;
(2) be given free choice
of service, service setting, and service provider if the recipient transfers to
another service, service setting, or service provider; and
(3) secure safe and
stable housing.
(b) The commissioner
must establish and maintain a continuity of care team to support continuity of
care efforts by lead agencies and providers.
The continuity of care team must include personnel from across the
Department of Human Services with roles in monitoring and supporting providers
and lead agencies, establishing standards for
continuity of
care, supporting transition planning processes for individuals with a complex
transition designation, and overseeing licensing and program integrity efforts. The commissioner may include personnel from
other state agencies and housing support providers necessary to effectively
carry out the duties of the continuity of care team.
(c) The continuity of
care team must provide support, oversight, and direction to lead agencies and
providers when a recipient's transition is identified as a complex transition
under section 256B.046.
(d) Nothing in this
section prohibits the continuity of care team from providing support to lead
agencies, providers, and recipients on continuity of care efforts not covered
by this section or section 256B.046.
Sec. 2. [256B.046]
COMPLEX TRANSITIONS.
Subdivision 1. Complex
transition identification. (a)
The lead agency must work with the provider and commissioner to identify each
recipient whose transition is a complex transition. The lead agency and provider must submit to
the commissioner a complex transition plan as described in subdivision 2 for
each recipient identified under this paragraph.
(b) The commissioner may
establish objective thresholds to create a presumption of complex transition
based on the number of recipients affected by a serious operational event or
administrative action, recipient acuity, service type, or unresolved discharge
or placement barriers.
Subd. 2. Complex
transition plan. (a) The
commissioner must develop guidance on effective complex transition planning and
make a complex transition plan template available to providers and lead
agencies. The plan template must include
data fields to collect at least the following information:
(1) recipient's name and
acuity level;
(2) stabilization
actions to be taken to prevent gaps in care and housing;
(3) names, contact
information, and known capacity of alternative providers;
(4) transition
timelines, transportation, and handoff procedures;
(5) a communication plan
for each recipient, the recipient's family, and the recipient's guardian, if
applicable, including language access; and
(6) steps to be taken to
coordinate with lead agencies, case managers, and ombudsperson offices, when
applicable.
(b) Providers and lead
agencies must use the plan template described in paragraph (a) to develop a
complex transition plan for each recipient whose transition is identified as a
complex transition.
Subd. 3. Complex
transition planning. (a) A
lead agency that receives notice from a provider of a serious operational event
must assist a recipient with an identified complex transition to develop a
complex transition plan through a person-centered process. The complex transition plan must include
alternative service options, service settings, service providers with known
service capacity, and safe and stable housing options. Within 14 days of receiving notice from a
provider of a serious operational event, the lead agency must ensure completion
and approval of the complex transition plan by the recipient or the recipient's
representative.
(b) A
lead agency that receives notice from the commissioner of an administrative
action must assist a recipient with an identified complex transition to develop
a complex transition plan through a person-centered process. The complex transition plan must include
alternative service options, service settings, service providers with known
service capacity, and safe and stable housing options. Within 14 days of receiving notice from the
commissioner of an administrative action, other than notice of actions necessary
to protect the health and safety of a recipient, the lead agency must ensure
completion and approval of the complex transition plan by the recipient or the
recipient's representative. For any
administrative action necessary to protect the health and safety of a
recipient, the lead agency must immediately take all necessary actions to
ensure the health and safety of the recipient.
(c) Lead agencies must,
as soon as possible, convene a meeting of representatives of the recipient; the
recipient's representative, if appropriate; the lead agency; the provider, if
the commissioner determines the provider's participation is appropriate; and
the commissioner to discuss implementation of the complex transition plan.
(d) While a complex
transition plan is active, lead agencies must convene every 14 days for a
status meeting to provide a progress report to the commissioner on
implementation of the complex transition plan.
Subd. 4. No
alternative services notification. (a)
If the lead agency does not identify an alternative service option, service
setting, service provider, or safe and stable housing option, the lead agency
must notify the commissioner and the commissioner of health, if applicable.
(b) Upon receiving a
notification from the lead agency that the lead agency has failed to arrange
for an alternative service option, service setting, service provider, or safe
and stable housing option as required under the complex transition plan, the commissioner
must determine if:
(1) there exists a good
cause under Code of Federal Regulations, title 42, section 455.23(e) or (f), to
not suspend payments under section 256B.064, subdivision 2;
(2) a delay in the
implementation date of an administrative action is needed to support complex
transition planning under this section; or
(3) there is cause to
petition the district court in Ramsey County under section 245A.13 to be
appointed receiver to operate a residential program.
Subd. 5. Publishing
data on continuity of care planning and complex transitions. (a) The commissioner must maintain on
the Department of Human Services' website a dashboard sharing data on the:
(1) number of active
continuity of care plans;
(2) number of recipients
included in an active continuity of care plan;
(3) average time between
approval of a continuity of care plan and closure of that plan;
(4) number of active
complex transition plans;
(5) number of complex
transition plans completed before the provider ceases providing services or
closes a setting, on an annual basis;
(6) number of complex
transition plans completed after the provider ceases providing services or
closes a setting, on an annual basis;
(7) number of complex
transition plans that were not successfully completed, on an annual basis;
(8)
number of notifications received by lead agencies under subdivision 3,
paragraph (a); and
(9) number of
notifications received by lead agencies under subdivision 3, paragraph (b).
(b) The commissioner
must include functionality within the dashboard to filter data by region or
county, provided the filtering functionalities comply with federal or state
laws regarding the protection of personal health information and personally
identifiable information.
Sec. 3. Minnesota Statutes 2024, section 256B.0651, subdivision 17, is amended to read:
Subd. 17. Recipient
protection. (a) Providers of
home care services must provide each recipient with a copy of the home care
bill of rights under section 144A.44 at least 30 days prior to terminating
services to a recipient, if the termination results from provider sanctions
under section 256B.064, such as a payment withhold, a suspension of
participation, or a termination of participation. If a home care provider determines it is
unable to continue providing services to a recipient, the provider must notify
the recipient, the recipient's responsible party, and the commissioner 30 days
prior to terminating services to the recipient because of an action under
section 256B.064, and must assist the commissioner and lead agency in
supporting the recipient in transitioning to another home care provider of the
recipient's choice meet the recipient protection requirements under
section 256B.045 when subject to an administrative action or a serious
operational event as defined in section 256B.045, subdivision 1.
(b) In the event of a
payment withhold from a home care provider, a suspension of participation, or a
termination of participation of a home care provider under section 256B.064,
the commissioner may inform the Office of Ombudsman for Long-Term Care and the
lead agencies for all recipients with active service agreements with the
provider. At the commissioner's request,
the lead agencies must contact recipients to ensure that the recipients are
continuing to receive needed care, and that the recipients have been given free
choice of provider if they transfer to another home care provider. In addition, the commissioner or the
commissioner's delegate may directly notify recipients who receive care from
the provider that payments have been or will be withheld or that the provider's
participation in medical assistance has been or will be suspended or
terminated, if the commissioner determines that notification is necessary to
protect the welfare of the recipients. For
purposes of this subdivision, "lead agencies" means counties, tribes,
and managed care organizations.
Sec. 4. Minnesota Statutes 2024, section 256B.69, is amended by adding a subdivision to read:
Subd. 38. Duties when a provider is no longer able to provide services. When a provider is subject to a serious operational event or administrative action under section 256B.045, managed care and county-based purchasing plans must:
(1) follow the
continuity of care planning and complex transition planning requirements under
sections 256B.045 and 256B.046;
(2) honor existing services authorizations when clinically appropriate
for continuity and safe transfer of services; and
(3) ensure timely
contracting or single-case arrangements to prevent services gaps.
Sec. 5. Minnesota Statutes 2024, section 256B.85, subdivision 23a, is amended to read:
Subd. 23a. Sanctions; information for participants upon termination of services. (a) The commissioner may withhold payment from the provider or suspend or terminate the provider enrollment number if the provider fails to comply fully with applicable laws or rules. The provider has the right to appeal the decision of the commissioner under section 256B.064.
(c) Agency-providers of
CFSS services or FMS providers must provide each participant with a copy of
participant protections in subdivision 20c at least 30 days prior to
terminating services to a participant, if the termination results from
sanctions under this subdivision or section 256B.064, such as a payment withhold
or a suspension or termination of the provider enrollment number. If a CFSS agency-provider, FMS provider, or
consultation services provider determines it is unable to continue providing
services to a participant because of an action under this subdivision or
section 256B.064, the agency-provider, FMS provider, or consultation services
provider must notify the participant, the participant's representative, and the
commissioner 30 days prior to terminating services to the participant, and must
assist the commissioner and lead agency in supporting the participant in
transitioning to another CFSS agency-provider, FMS provider, or consultation
services provider of the participant's choice meet the recipient
protection requirements under section 256B.045 when subject to an
administrative action or a serious operational event as defined in section
256B.045, subdivision 1.
(d) In the event the
commissioner withholds payment from a CFSS agency-provider, FMS provider, or
consultation services provider, or suspends or terminates a provider enrollment
number of a CFSS agency-provider, FMS provider, or consultation services provider
under this subdivision or section 256B.064, the commissioner may inform the
Office of Ombudsman for Long-Term Care and the lead agencies for all
participants with active service agreements with the agency-provider, FMS
provider, or consultation services provider.
At the commissioner's request, the lead agencies must contact
participants to ensure that the participants are continuing to receive needed
care, and that the participants have been given free choice of agency-provider,
FMS provider, or consultation services provider if they transfer to another
CFSS agency-provider, FMS provider, or consultation services provider. In addition, the commissioner or the
commissioner's delegate may directly notify participants who receive care from
the agency-provider, FMS provider, or consultation services provider that
payments have been or will be withheld or that the provider's participation in
medical assistance has been or will be suspended or terminated, if the
commissioner determines that the notification is necessary to protect the
welfare of the participants.
Sec. 6. HOUSING
SUPPORT CAPACITY-BUILDING GRANTS.
(a) The commissioner of
human services must establish capacity-building grants for housing support
providers assisting recipients of medical assistance home and community-based
services, including but not limited to integrated community supports, to prevent
homelessness and institutionalization. The
commissioner must award at least one grant to a qualified grant recipient
located outside of the seven-county metropolitan area. The commissioner must include in the grant
contract that the money awarded under the grant must not be used for any
purpose other than the purposes specified in paragraph (c).
(b) Eligible recipients
include housing support providers operating in accordance with Minnesota
Statutes, section 256I.04.
(c) Capacity-building
grants may be used for:
(1) administrative
expenses;
(2) the assessment of
eligible housing assistance benefits;
(3) housing transition
assistance, including supports required due to a change in an individual's
medical assistance services or provider; and
(4) the
development of regional or collaborative housing support models that enable
housing support providers to better support individual choice and access to
community-integrated housing options.
(d) Grant recipients must
report data and results to the commissioner, in a format determined by the
commissioner, including:
(1) the percent increase
in provider capacity;
(2) the number of
referrals received and accepted, by medical assistance home and community-based
service type;
(3) reasons for a
referral;
(4) housing status for
all accepted referrals at six months and one year, including the number of
individuals residing in community-based settings; and
(5) additional outcomes
as necessary to evaluate the effectiveness of the programs and use of funding
for the people served.
EFFECTIVE DATE. This
section is effective July 1, 2026.
Sec. 7. DIRECTION
TO COMMISSIONER; CONTINUITY OF CARE POLICIES AND PROCEDURES.
The commissioner of human
services must develop policies and procedures lead agencies must follow when
developing, implementing, monitoring, and closing a complex transition plan
under Minnesota Statutes, section 256B.046.
The policies and procedures must include timelines, checklists, and
mandatory follow-up with all parties involved in the development and
implementation of the plan. The policies
and procedures must include documentation requirements sufficient to
demonstrate that the planning process and implementation was person-centered
and prioritized the needs and informed choice of the service recipient.
ARTICLE 2
LONG-TERM CARE FACILITY
Section 1. Minnesota Statutes 2024, section 144.1503, subdivision 7, is amended to read:
Subd. 7. Selection
process. The commissioner shall
determine a maximum award for grants and loan forgiveness, and shall make
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 or 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, amounts appropriated
for purposes of this section do not cancel and are available until expended,
except that at the end of each biennium, any remaining amount that is not
committed by contract and not needed to fulfill existing commitments shall
cancel to the general fund.
Sec. 2. Minnesota Statutes 2024, section 144A.291, subdivision 2, is amended to read:
Subd. 2. Amounts. (a) Fees may not exceed the following amounts but may be adjusted lower by board direction and are for the exclusive use of the board as required to sustain board operations. The maximum amounts of fees are:
(1) application for licensure, $200;
(3) state examination, $125;
(4) initial license, $250 if issued between July 1 and December 31,
$100 if issued between January 1 and June 30;
(5) acting permit,
$400;
(6) renewal license or certificate, $250;
(7) duplicate license, permit, or certificate, $50;
(8) reinstatement fee, $250;
(9) health services
executive initial license, $250;
(10) health services
executive renewal license, $250;
(11) (9) reciprocity
verification fee, $50;
(12) second (10)
application for shared assignment certificate, $250;
(13) (11) continuing
education fees:
(i) greater than six hours, $50; and
(ii) seven hours or more, $75;
(14) (12) education
review, $100;
(15) (13) fee
to a sponsor for review of individual continuing education seminars,
institutes, workshops, or home study courses:
(i) for less than seven clock hours, $30; and
(ii) for seven or more clock hours, $50;
(16) (14) fee
to a licensee for review of continuing education seminars, institutes,
workshops, or home study courses not previously approved for a sponsor and
submitted with an application for license renewal:
(i) for less than seven clock hours total, $30; and
(ii) for seven or more clock hours total, $50;
(17) (15) late
renewal fee, $75;
(18) (16) fee
to a licensee for verification of licensure status and examination scores, $30;
(19) (17) registration
as a registered continuing education sponsor, $1,000;
(18) mailing list labels, $75; and
(20)
mail
(21) (19) annual
assisted living program education provider fee, $2,500.
(b) The revenue generated from the fees must be deposited in an account in the state government special revenue fund.
Sec. 3. Minnesota Statutes 2024, section 144A.471, subdivision 8, is amended to read:
Subd. 8. Exemptions from home care services licensure. (a) Except as otherwise provided in this chapter, home care services that are provided by the state, counties, or other units of government must be licensed under this chapter.
(b) An exemption under this subdivision does not excuse the exempted individual or organization from complying with applicable provisions of the home care bill of rights in section 144A.44. The following individuals or organizations are exempt from the requirement to obtain a home care provider license:
(1) an individual or organization that offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under sections 256B.0625, subdivision 19a, and 256B.0659;
(2) a provider that is licensed by the commissioner of human services to provide semi-independent living services for persons with developmental disabilities under section 252.275 and Minnesota Rules, parts 9525.0900 to 9525.1020;
(3) a provider that is licensed by the commissioner of human services to provide home and community-based services for persons with developmental disabilities under section 256B.092 and Minnesota Rules, parts 9525.1800 to 9525.1930;
(4) an individual or
organization that provides only home management services, if the individual or
organization is registered under section 144A.482; or
(5) an individual who is
licensed in this state as a nurse, dietitian, social worker, occupational
therapist, physical therapist, or speech-language pathologist who provides
health care services in the home independently and not through any contractual
or employment relationship with a home care provider or other organization;
or
(6) a federally qualified health center as defined in section 145.9269, when providing nursing services described in United States Code, title 42, section 1395x(aa)(1)(C).
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2024, section 144G.15, is amended to read:
144G.15 CONSIDERATION OF APPLICATIONS.
Subdivision 1. Consideration. (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)
Before issuing a provisional license for an assisted living facility with a
licensed resident capacity of six or fewer, the commissioner shall also
consider the population, size, land use plan, availability of community
services, and the number and size of existing licensed assisted living
facilities in the town, municipality, or county in which the applicant seeks to
operate an assisted living facility.
Subd. 2. Colocation
of certain home and community-based residential settings. The commissioner must not grant a
provisional license for an assisted living facility with a licensed resident
capacity of six or fewer until the commissioner of human services determines
that the proposed location of the assisted living facility meets the standard
described in section 245A.042, subdivision 7.
This paragraph applies regardless of the services to be provided in the
proposed assisted living facility and regardless of whether any residents of
the facility will receive publicly funded services.
Subd. 3. Grounds
for licensing action. (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. 5. Minnesota Statutes 2024, section 144G.16, is amended by adding a subdivision to read:
Subd. 8. Notice
to affected municipality. (a)
No later than five days, excluding weekends and holidays, after issuing a
provisional license to an assisted living facility with a licensed resident
capacity of six or fewer, the commissioner must provide the following
information about the provisional licensee and the facility to the affected
municipality or other political subdivision:
(1) business name of the
provisional licensee;
(2) street address of
the facility;
(3) license category;
(4)
licensed resident capacity; and
(5) contact information
for an authorized agent of the provisional licensee.
(b) The commissioner may
provide notice through electronic communication or by submitting a written
document to the official address of the municipality or other political
subdivision.
EFFECTIVE DATE. This
section is effective July 1, 2026, and applies to provisional licenses issued
on or after that date.
Sec. 6. Minnesota Statutes 2024, section 144G.195, subdivision 1, is amended to read:
Subdivision 1. New
license not required. (a) Beginning
March 15, 2025, An assisted living facility with a licensed resident
capacity of five residents or fewer may operate under the licensee's current
license if the facility is relocated with the approval of the commissioner of
health during the period the current license is valid.
(b) A licensee is not required to apply for a new license solely because the licensee receives approval to relocate a facility. The licensee's license for the relocated facility remains valid until the expiration date specified on the existing license. The commissioner of health must apply the licensing and survey cycle previously established for the facility's prior location to the facility's new location.
(c) A licensee must notify the commissioner of health, on a form developed by the commissioner, of the licensee's intent to relocate the licensee's facility and submit a nonrefundable relocation fee of $3,905. The commissioner must deposit all relocation fees in the state treasury to be credited to the state government special revenue fund.
(d) The licensee must
obtain plan review approval for the building to which the licensee intends to
relocate the facility and a certificate of occupancy from the commissioner of
labor and industry or the commissioner of labor and industry's delegated authority
for the building. Upon issuance of a
certificate of occupancy, the commissioner of health must review and inspect
the building to which the licensee intends to relocate the facility and
approve or deny the license relocation within 30 calendar days and must
request from the commissioner of human services a determination of whether the
location to which the licensee intends to relocate complies with the standards
described in section 245A.042, subdivision 7.
The commissioner of health must approve or deny the license relocation
within 30 calendar days after inspecting the building and receiving a
determination from the commissioner of human services.
(e) A licensee may only
relocate a facility within the geographic boundaries of the municipality in
which the facility is currently located or within the geographic boundaries of
a contiguous municipality located in the seven‑county metropolitan area
may not relocate outside of the seven-county metropolitan area. A licensee located outside of the
seven-county metropolitan area may not relocate more than two hours or 120
miles from the licensee's previous location nor relocate within the
seven-county metropolitan area.
(f) A licensee may only relocate one time in any three-year period, except that the commissioner may approve an additional relocation within a three-year period upon a licensee's demonstration of an extenuating circumstance, including but not limited to the criteria outlined in section 256B.49, subdivision 28a, paragraph (c).
(g) A licensee that receives approval from the commissioner to relocate a facility must provide each resident with a new assisted living contract and comply with the coordinated move requirements under section 144G.55.
(i) If the commissioner
of health approves a relocation under this subdivision, the commissioner must
comply with the provisions of section 144G.16, subdivision 8.
Sec. 7. Minnesota Statutes 2024, section 144G.45, subdivision 3, is amended to read:
Subd. 3. Local laws apply; delegating inspection authority. (a) Assisted living facilities shall comply with all applicable state and local governing laws, regulations, standards, ordinances, and codes for fire safety, building, and zoning requirements, except a facility with a licensed resident capacity of six or fewer is exempt from rental licensing regulations imposed by any town, municipality, or county.
(b) At the request of a
county or local unit of government, the commissioner may delegate to a county
agency or local unit of government the commissioner's authority to inspect an
existing assisted living facility with a licensed resident capacity of six or
fewer that is in the jurisdiction of the county or local unit of government for
compliance with applicable physical plant licensing requirements and zoning
ordinances. If the commissioner
delegates the commissioner's authority to a county agency or local unit of
government under this subdivision, the commissioner must execute a formal
delegation of authority that clearly specifies what authority is being
delegated to the county agency or local unit of government, that the
commissioner is responsible for any costs incurred by the county agency or
local unit of government for conducting inspections under delegated authority,
and that the county agency or local unit of government must not assess any
additional fees for conducting an inspection under delegated authority. When conducting an inspection under delegated
authority, the county agency or local unit of government must provide the
subject of the inspection with a copy of the delegation of authority.
(c) When a county agency
or local unit of government is conducting an inspection under delegated
authority as provided in paragraph (b), the county agency or local unit of
government and the commissioner must coordinate their inspections to minimize
visits to and disruptions of the facility.
A county agency or local unit of government conducting an inspection
must notify the commissioner of any violations or concerns within ten working
days of the inspection. A county agency
or local unit of government that conducts inspections under this subdivision
must not inspect an assisted living facility more frequently than annually,
except a follow-up inspection is permitted before the next annual inspection to
verify correction of a violation discovered during the most recent inspection.
(d) The commissioner
must ensure that laws, rules, and codes are uniformly enforced throughout the
state by reviewing at least every four years each county agency and local unit
of government conducting inspections under this subdivision for compliance with
this subdivision and other applicable laws and rules. The commissioner must ensure that a county
agency or local unit of government to which the commissioner has delegated the
commissioner's authority under this subdivision has at all times sufficient expertise
to conduct delegated inspections competently, and if the county agency or local
unit of government does not, the commissioner must immediately revoke the
delegation of authority.
EFFECTIVE DATE. This
section is effective January 1, 2027.
(a) The commissioner of
health must convene a group of interested parties to examine the licensing
requirements under Minnesota Statutes, chapter 144G, for assisted living
facilities with a licensed resident capacity of five residents or fewer. The group must develop a new licensing
category applicable to such facilities to account for health and safety
requirements and practical realities of operating small assisted living
facilities that predominantly serve individuals receiving customized living
services under the federally approved brain injury, community access for
disability inclusion, and elderly waiver plans.
(b) The commissioner
must develop draft legislative language to establish a new assisted living
license category for facilities with a licensed resident capacity of five
residents or fewer.
(c) The commissioner
must submit the draft legislation to the chairs and ranking minority members of
the legislative committees with jurisdiction over health and human services
policy and finance by January 1, 2028.
ARTICLE 3
HEALTH CARE
Section 1. Minnesota Statutes 2025 Supplement, section 15.013, is amended by adding a subdivision to read:
Subd. 7. Exemption. Nothing in this section modifies,
supersedes, limits, or expands the authority of the commissioner of human
services to impose sanctions under section 256B.064.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2024, section 245.095, is amended by adding a subdivision to read:
Subd. 7. Exemption. Nothing in this section modifies,
supersedes, limits, or expands the commissioner's authority to impose sanctions
under section 256B.064.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2024, section 245.462, is amended by adding a subdivision to read:
Subd. 2a. Case
management contact. "Case
management contact" means interactive communication conducted in person,
by interactive video that meets the requirements of section 256B.0625,
subdivision 20b, or by telephone with the client; client's parent; legal
guardian, guardian ad litem, or attorney for clients that are children or youth
under 19 years of age; or client's attorney for clients that are adults 19
years of age or older.
Sec. 4. Minnesota Statutes 2024, section 245.4711, subdivision 5, is amended to read:
Subd. 5. Coordination between case manager and community support services. (a) The county board must establish procedures that ensure ongoing contact and coordination between the case manager and the community support services program as well as other mental health services.
(b) The case manager
must have at least one case management contact in every calendar month with a
documented core service component, as defined by the commissioner, to claim
reimbursement for adult mental health targeted case management. Adult mental health case managers must not
conduct the case management contact by telephone with the adult client or the
adult client's legal representative for more than two consecutive calendar
months.
Subd. 5. Coordination between case manager and family community support services. (a) The county board must establish procedures that ensure ongoing contact and coordination between the case manager and the family community support services as well as other mental health services for each child.
(b) The case manager
must have at least one case management contact in every calendar month with the
child, the child's parents, or the child's legal representative.
Sec. 6. Minnesota Statutes 2024, section 245A.02, subdivision 5a, is amended to read:
Subd. 5a. Controlling individual. (a) "Controlling individual" means an owner of a program or service provider licensed under this chapter and the following individuals, if applicable:
(1) each officer of the organization, including the chief executive officer and chief financial officer;
(2) the individual designated as the authorized agent under section 245A.04, subdivision 1, paragraph (b);
(3) the individual
designated as the compliance officer under section 256B.04, subdivision 21,
paragraph (g) 256B.044, subdivision 8, paragraph (b);
(4) each managerial official whose responsibilities include the direction of the management or policies of a program; and
(5) the president and treasurer of the board of directors of a nonprofit corporation.
(b) Controlling individual 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 operates a program directly or through a subsidiary;
(2) an individual who is a state or federal official, or state or federal employee, or a member or employee of the governing body of a political subdivision of the state or federal government that operates one or more programs, unless the individual is also an officer, owner, or managerial official of the program, receives remuneration from the program, or owns any of the beneficial interests not excluded in this subdivision;
(3) an individual who owns less than five percent of the outstanding common shares of a corporation:
(i) whose securities are exempt under section 80A.45, clause (6); or
(ii) whose transactions are exempt under section 80A.46, clause (2);
(4) an individual who is a member of an organization exempt from taxation under section 290.05, unless the individual is also an officer, owner, or managerial official of the program or owns any of the beneficial interests not excluded in this subdivision. This clause does not exclude from the definition of controlling individual an organization that is exempt from taxation; or
(5) an employee stock ownership plan trust, or a participant or board member of an employee stock ownership plan, unless the participant or board member is a controlling individual according to paragraph (a).
Sec. 7. Minnesota Statutes 2025 Supplement, section 245A.04, subdivision 1, as amended by Laws 2026, chapter 88, article 1, section 101, is amended to read:
Subdivision 1. Application
for licensure. (a) An individual,
organization, or government entity that is subject to licensure under section
245A.03 must apply for a license. The
application must be made on the forms and in the manner prescribed by the
commissioner. The commissioner shall
provide the applicant with instruction in completing the application and
provide information about the rules and requirements of other state agencies
that affect the applicant. An applicant
seeking licensure in Minnesota with headquarters outside of Minnesota must have
a program office located within 30 miles of the Minnesota border. An applicant who intends to buy or otherwise
acquire a program or services licensed under this chapter that is owned by
another license holder must apply for a license under this chapter and comply
with the application procedures in this section and section 245A.043. A license issued pursuant to a change of
ownership under section 245A.043 is not subject to any moratorium imposed under
section 245A.03, subdivision 7 or 7a, provided the change of ownership does not
result in an increase in licensed capacity or service scope.
The commissioner shall act on the application within 90 working days after a complete application and any required reports have been received from other state agencies or departments, counties, municipalities, or other political subdivisions. The commissioner shall not consider an application to be complete until the commissioner receives all of the required information. If the applicant or a controlling individual is the subject of a pending administrative, civil, or criminal investigation, the application is not complete until the investigation has closed or the related legal proceedings are complete.
When the commissioner receives an application for initial licensure that is incomplete because the applicant failed to submit required documents or that is substantially deficient because the documents submitted do not meet licensing requirements, the commissioner shall provide the applicant written notice that the application is incomplete or substantially deficient. In the written notice to the applicant the commissioner shall identify documents that are missing or deficient and give the applicant 45 days to resubmit a second application that is substantially complete. An applicant's failure to submit a substantially complete application after receiving notice from the commissioner is a basis for license denial under section 245A.05.
(b) An application for licensure must identify all controlling individuals as defined in section 245A.02, subdivision 5a, and must designate one individual to be the authorized agent. The application must be signed by the authorized agent and must include the authorized agent's first, middle, and last name; mailing address; and email address. By submitting an application for licensure, the authorized agent consents to electronic communication with the commissioner throughout the application process. The authorized agent must be authorized to accept service on behalf of all of the controlling individuals. A government entity that holds multiple licenses under this chapter may designate one authorized agent for all licenses issued under this chapter or may designate a different authorized agent for each license. Service on the authorized agent is service on all of the controlling individuals. It is not a defense to any action arising under this chapter that service was not made on each controlling individual. The designation of a controlling individual as the authorized agent under this paragraph does not affect the legal responsibility of any other controlling individual under this chapter.
(c) An applicant or license holder must have a policy that prohibits license holders, employees, subcontractors, and volunteers, when directly responsible for persons served by the program, from abusing prescription medication or being in any manner under the influence of a chemical that impairs the individual's ability to provide services or care. The license holder must train employees, subcontractors, and volunteers about the program's drug and alcohol policy before the employee, subcontractor, or volunteer has direct contact, as defined in section 245C.02, subdivision 11, with a person served by the program.
(e) The commissioner may limit communication during the application process to the authorized agent or the controlling individuals identified on the license application and for whom a background study was initiated under chapter 245C. Upon implementation of the provider licensing and reporting hub, applicants and license holders must use the hub in the manner prescribed by the commissioner. The commissioner may require the applicant, except for child foster care, to demonstrate competence in the applicable licensing requirements by successfully completing a written examination. The commissioner may develop a prescribed written examination format.
(f) When an applicant is an individual, the applicant must provide:
(1) the applicant's taxpayer identification numbers including the Social Security number or Minnesota tax identification number, and federal employer identification number if the applicant has employees;
(2) at the request of the commissioner, a copy of the most recent filing with the secretary of state that includes the complete business name, if any;
(3) if doing business under a different name, the doing business as (DBA) name, as registered with the secretary of state;
(4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique Minnesota Provider Identifier (UMPI) number; and
(5) at the request of the commissioner, the notarized signature of the applicant or authorized agent.
(g) When an applicant is an organization, the applicant must provide:
(1) the applicant's taxpayer identification numbers including the Minnesota tax identification number and federal employer identification number;
(2) at the request of the commissioner, a copy of the most recent filing with the secretary of state that includes the complete business name, and if doing business under a different name, the doing business as (DBA) name, as registered with the secretary of state;
(3) the first, middle, and last name, and address for all individuals who will be controlling individuals, including all officers, owners, and managerial officials as defined in section 245A.02, subdivision 5a, and the date that the background study was initiated by the applicant for each controlling individual;
(4) if applicable, the applicant's NPI number and UMPI number;
(5) the documents that created the organization and that determine the organization's internal governance and the relations among the persons that own the organization, have an interest in the organization, or are members of the organization, in each case as provided or authorized by the organization's governing statute, which may include a partnership agreement, bylaws, articles of organization, organizational chart, and operating agreement, or comparable documents as provided in the organization's governing statute; and
(6) the notarized signature of the applicant or authorized agent.
(1) the name of the government agency, political subdivision, or other unit of government seeking the license and the name of the program or services that will be licensed;
(2) the applicant's taxpayer identification numbers including the Minnesota tax identification number and federal employer identification number;
(3) a letter signed by the manager, administrator, or other executive of the government entity authorizing the submission of the license application; and
(4) if applicable, the applicant's NPI number and UMPI number.
(i) At the time of application for licensure or renewal of a license under this chapter, the applicant or license holder must acknowledge on the form provided by the commissioner if the applicant or license holder elects to receive any public funding reimbursement from the commissioner for services provided under the license that:
(1) the applicant's or license holder's compliance with the provider enrollment agreement or registration requirements for receipt of public funding may be monitored by the commissioner as part of a licensing investigation or licensing inspection; and
(2) noncompliance with the provider enrollment agreement or registration requirements for receipt of public funding that is identified through a licensing investigation or licensing inspection, or noncompliance with a licensing requirement that is a basis of enrollment for reimbursement for a service, may result in:
(i) a correction order or a conditional license under section 245A.06, or sanctions under section 245A.07;
(ii) nonpayment of claims submitted by the license holder for public program reimbursement;
(iii) recovery of payments made for the service;
(iv) disenrollment in the public payment program; or
(v) other administrative, civil, or criminal penalties as provided by law.
(j) An applicant or license holder who acknowledges under paragraph (i) that the applicant or license holder elects to receive any publicly funded reimbursement from the commissioner for services provided under the license that are designated by the commissioner as high-risk under section 256B.044, subdivision 1, must provide an attestation with the notarized signature of the applicant or authorized agent stating whether the applicant or authorized agent received from an unaffiliated business or consultant any assistance preparing:
(1) the licensure application;
(2) the renewal application;
(3) any documentation or written policies submitted with the licensure application;
(4) any documentation or
written policies submitted with the renewal application; or
(5) any documentation or
written policies maintained as a requirement of licensure or enrollment as a
medical assistance provider.
Subd. 7. Grant of license; license extension. (a) If the commissioner determines that the program complies with all applicable rules and laws, the commissioner shall issue a license consistent with this section or, if applicable, a temporary change of ownership license under section 245A.043. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license and the specific service the license holder is licensed to provide;
(5) the maximum number and ages of persons that may receive services from the program; and
(6) any special conditions of licensure.
(b) The commissioner may issue a license for a period not to exceed two years if:
(1) the commissioner is unable to conduct the observation required by subdivision 4, paragraph (a), clause (3), because the program is not yet operational;
(2) certain records and documents are not available because persons are not yet receiving services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
(c) A decision by the commissioner to issue a license does not guarantee that any person or persons will be placed or cared for in the licensed program.
(d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a license if the applicant, license holder, or an affiliated controlling individual has:
(1) been disqualified and the disqualification was not set aside and no variance has been granted;
(2) been denied a license under this chapter or chapter 142B within the past two years;
(3) had a license issued under this chapter or chapter 142B revoked within the past five years; or
(4) failed to submit the
information required of an applicant under subdivision 1, paragraph (f), (g), or
(h), or (j), after being requested by the commissioner.
When a license issued under this chapter or chapter 142B is revoked, the license holder and each affiliated controlling individual with a revoked license may not hold any license under chapter 245A for five years following the revocation, and other licenses held by the applicant or license holder or licenses affiliated with each controlling individual shall also be revoked.
(e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license affiliated with a license holder or controlling individual that had a license revoked within the past five years if the commissioner determines that (1) the license holder or controlling individual is operating the program in substantial compliance with applicable laws and rules and (2) the program's continued operation is in the best interests of the community being served.
(g) In determining whether a program's operation would be in the best interests of the community to be served, the commissioner shall consider factors such as the number of persons served, the availability of alternative services available in the surrounding community, the management structure of the program, whether the program provides culturally specific services, and other relevant factors.
(h) The commissioner shall not issue or reissue a license under this chapter if an individual living in the household where the services will be provided as specified under section 245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside and no variance has been granted.
(i) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued under this chapter has been suspended or revoked and the suspension or revocation is under appeal, the program may continue to operate pending a final order from the commissioner. If the license under suspension or revocation will expire before a final order is issued, a temporary provisional license may be issued provided any applicable license fee is paid before the temporary provisional license is issued.
(j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of a controlling individual or license holder, and the controlling individual or license holder is ordered under section 245C.17 to be immediately removed from direct contact with persons receiving services or is ordered to be under continuous, direct supervision when providing direct contact services, the program may continue to operate only if the program complies with the order and submits documentation demonstrating compliance with the order. If the disqualified individual fails to submit a timely request for reconsideration, or if the disqualification is not set aside and no variance is granted, the order to immediately remove the individual from direct contact or to be under continuous, direct supervision remains in effect pending the outcome of a hearing and final order from the commissioner.
(k) Unless otherwise specified by statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must comply with the requirements in section 245A.10 and be reissued a new license to operate the program or the program must not be operated after the expiration date. Adult foster care, family adult day services, child foster residence setting, and community residential services license holders must apply for and be granted a new license to operate the program or the program must not be operated after the expiration date. Upon implementation of the provider licensing and reporting hub, licenses may be issued each calendar year.
(l) The commissioner shall not issue or reissue a license under this chapter if it has been determined that a Tribal licensing authority has established jurisdiction to license the program or service.
(m) The commissioner of human services may coordinate and share data with the commissioner of children, youth, and families to enforce this section.
(n) For substance use disorder treatment programs, for the purposes of paragraph (a), clause (5), the maximum number of persons who may receive services from the program includes persons served at satellite locations.
Sec. 9. Minnesota Statutes 2024, section 245A.042, is amended by adding a subdivision to read:
Subd. 7. Department
of Human Services home and community-based services early and often licensor
and compliance team. (a) The
commissioner must establish and maintain a home and community-based services
early and often licensor and compliance team to deliver proactive and
coordinated support to applicants through the
application
process and to license holders during the first year of operation of the
licensed home and community‑based program.
The commissioner must ensure that the home and community-based services
early and often licensor and compliance team has sufficient staff and resources
to perform the functions required under this subdivision. The commissioner must ensure that the
licensor and compliance team has members with expertise in licensing
requirements and members with expertise in medical assistance enrollment
requirements, medical assistance service delivery requirements, and medical
assistance billing requirements.
(b) The home and
community-based services early and often licensor and compliance team must
provide technical assistance to applicants regarding completing and submitting
license applications under this chapter and chapter 256D and medical assistance
provider enrollment applications under section 256B.04, subdivision 21.
(c) The home and
community-based services early and often licensor and compliance team must
conduct an initial scheduled technical assistance visit three months after the
effective date of an initial license for the purpose of providing technical
assistance to the license holder. The
team must provide technical assistance related to achieving and maintaining
compliance with the applicable laws, rules, and regulations governing the
provision of and reimbursement for home and community-based services under this
chapter and chapters 245D, 256B, and 256S and waiver plans.
(d) The home and
community-based services early and often licensor and compliance team must
conduct three unscheduled visits after the beginning of the sixth calendar
month following the effective date of an initial license and before the end of
the eighteenth month following the effective date of an initial license.
(e) If during the
technical assistance visit or during the following three unannounced visits,
the team finds that the license holder has failed to achieve compliance with an
applicable law, rule, or regulation, and the failure does not imminently endanger
the health, safety, or rights of persons served by the program, the team may
issue a licensing and compliance review report with recommendations for
achieving and maintaining compliance.
(f) Nothing in this
subdivision shall be construed to limit the commissioner's authority to:
(1) suspend or revoke a
license or issue a fine at any time under section 245A.07 or issue correction
orders and make a license conditional for failure to comply with applicable
laws, rules, or regulations under section 245A.06 based on the nature, chronicity,
or severity of the violation of a law, rule, or regulation and the effect of
the violation on the health, safety, or rights of persons served by the
program; or
(2) impose a sanction
under section 256B.064 based on the nature, chronicity, or severity of the
violation of law, rule, or regulation.
Sec. 10. Minnesota Statutes 2025 Supplement, section 245A.05, is amended to read:
245A.05 DENIAL OF APPLICATION.
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license or during an investigation;
(5) has an individual living in the household who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to children or vulnerable adults, and who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted;
(7) fails to comply with
section 245A.04, subdivision 1, paragraph (f) or, (g), or (j);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision 6;
(9) has a history of noncompliance as a license holder or controlling individual with applicable laws or rules, including but not limited to this chapter and chapters 142E and 245C;
(10) is prohibited from holding a license according to section 245.095; or
(11) is the subject of a pending administrative, civil, or criminal investigation.
(b) An applicant whose application has been denied by the commissioner must be given notice of the denial, which must state the reasons for the denial in plain language. Notice must be given by certified mail, by personal service, or through the provider licensing and reporting hub. The notice must state the reasons the application was denied and must inform the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the commissioner in writing by certified mail, by personal service, or through the provider licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the commissioner within 20 calendar days after the applicant received the notice of denial. If an appeal request is made by personal service, it must be received by the commissioner within 20 calendar days after the applicant received the notice of denial. If the order is issued through the provider hub, the appeal must be received by the commissioner within 20 calendar days from the date the commissioner issued the order through the hub. Section 245A.08 applies to hearings held to appeal the commissioner's denial of an application.
Sec. 11. Minnesota Statutes 2024, section 245D.081, subdivision 3, is amended to read:
Subd. 3. Program management and oversight. (a) The license holder must designate a managerial staff person or persons to provide program management and oversight of the services provided by the license holder. The designated manager is responsible for the following:
(1) maintaining a current
understanding of the licensing requirements sufficient to ensure compliance
throughout the program as identified in section 245A.04, subdivision 1,
paragraph (e), and when applicable, as identified in section 256B.04,
subdivision 21, paragraph (g) 256B.044, subdivision 8;
(2) ensuring the duties of the designated coordinator are fulfilled according to the requirements in subdivision 2;
(3) ensuring the program implements corrective action identified as necessary by the program following review of incident and emergency reports according to the requirements in section 245D.11, subdivision 2, clause (7). An internal review of incident reports of alleged or suspected maltreatment must be conducted according to the requirements in section 245A.65, subdivision 1, paragraph (b);
(5) ensuring staff competency requirements are met according to the requirements in section 245D.09, subdivision 3, and ensuring staff orientation and training is provided according to the requirements in section 245D.09, subdivisions 4, 4a, and 5;
(6) ensuring corrective action is taken when ordered by the commissioner and that the terms and conditions of the license and any variances are met; and
(7) evaluating the information identified in clauses (1) to (6) to develop, document, and implement ongoing program improvements.
(b) The designated manager must be competent to perform the duties as required and must minimally meet the education and training requirements identified in subdivision 2, paragraph (b), and have a minimum of three years of supervisory level experience in a program that provides care or education to vulnerable adults or children.
Sec. 12. Minnesota Statutes 2025 Supplement, section 256.01, subdivision 2, is amended to read:
Subd. 2. Specific powers. Subject to the provisions of section 241.021, subdivision 2, the commissioner of human services shall carry out the specific duties in paragraphs (a) through (z):
(a) Administer and supervise the forms of public assistance provided for by state law and other welfare activities or services that are vested in the commissioner. Administration and supervision of human services activities or services includes, but is not limited to, assuring timely and accurate distribution of benefits, completeness of service, and quality program management. In addition to administering and supervising human services activities vested by law in the department, the commissioner shall have the authority to:
(1) require county agency participation in training and technical assistance programs to promote compliance with statutes, rules, federal laws, regulations, and policies governing human services;
(2) monitor, on an ongoing basis, the performance of county agencies in the operation and administration of human services, enforce compliance with statutes, rules, federal laws, regulations, and policies governing welfare services and promote excellence of administration and program operation;
(3) develop a quality control program or other monitoring program to review county performance and accuracy of benefit determinations;
(4) require county agencies to make an adjustment to the public assistance benefits issued to any individual consistent with federal law and regulation and state law and rule and to issue or recover benefits as appropriate;
(5) delay or deny payment of all or part of the state and federal share of benefits and administrative reimbursement according to the procedures set forth in section 256.017;
(6) make contracts with and grants to public and private agencies and organizations, both profit and nonprofit, and individuals, using appropriated funds; and
(7) enter into contractual agreements with federally recognized Indian Tribes with a reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved family assistance program or any other program under the supervision of the commissioner. The commissioner shall consult with the affected county or counties in
The commissioner shall work in conjunction with the commissioner of children, youth, and families to carry out the duties of this paragraph when necessary and feasible.
(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law, regulation, and policy necessary to county agency administration of the programs.
(c) Administer and supervise all noninstitutional service to persons with disabilities, including persons who have vision impairments, and persons who are deaf, deafblind, and hard-of-hearing or with other disabilities. The commissioner may provide and contract for the care and treatment of qualified indigent children in facilities other than those located and available at state hospitals operated by the executive board when it is not feasible to provide the service in state hospitals operated by the executive board.
(d) Assist and actively cooperate with other departments, agencies and institutions, local, state, and federal, by performing services in conformity with the purposes of Laws 1939, chapter 431.
(e) Act as the agent of and cooperate with the federal government in matters of mutual concern relative to and in conformity with the provisions of Laws 1939, chapter 431, including the administration of any federal funds granted to the state to aid in the performance of any functions of the commissioner as specified in Laws 1939, chapter 431, and including the promulgation of rules making uniformly available medical care benefits to all recipients of public assistance, at such times as the federal government increases its participation in assistance expenditures for medical care to recipients of public assistance, the cost thereof to be borne in the same proportion as are grants of aid to said recipients.
(f) Establish and maintain any administrative units reasonably necessary for the performance of administrative functions common to all divisions of the department.
(g) Act as designated guardian of both the estate and the person of all the wards of the state of Minnesota, whether by operation of law or by an order of court, without any further act or proceeding whatever, except as to persons committed as developmentally disabled.
(h) Act as coordinating referral and informational center on requests for service for newly arrived immigrants coming to Minnesota.
(i) The specific enumeration of powers and duties as hereinabove set forth shall in no way be construed to be a limitation upon the general transfer of powers herein contained.
(j) Establish county, regional, or statewide schedules of maximum fees and charges which may be paid by county agencies for medical, dental, surgical, hospital, nursing and nursing home care and medicine and medical supplies under all programs of medical care provided by the state and for congregate living care under the income maintenance programs.
(k) Have the authority to conduct and administer experimental projects to test methods and procedures of administering assistance and services to recipients or potential recipients of public welfare. To carry out such experimental projects, it is further provided that the commissioner of human services is authorized to waive the enforcement of existing specific statutory program requirements, rules, and standards in one or more counties. The order establishing the waiver shall provide alternative methods and procedures of administration, shall not be in
(1) the United States Secretary of Health and Human Services has agreed, for the same project, to waive state plan requirements relative to statewide uniformity; and
(2) a comprehensive plan, including estimated project costs, shall be approved by the Legislative Advisory Commission and filed with the commissioner of administration.
(l) According to federal requirements and in coordination with the commissioner of children, youth, and families, establish procedures to be followed by local welfare boards in creating citizen advisory committees, including procedures for selection of committee members.
(m) Allocate federal fiscal disallowances or sanctions which are based on quality control error rates for medical assistance in the following manner:
(1) one-half of the total amount of the disallowance shall be borne by the county boards responsible for administering the programs. Disallowances shall be shared by each county board in the same proportion as that county's expenditures for the sanctioned program are to the total of all counties' expenditures for medical assistance. Each county shall pay its share of the disallowance to the state of Minnesota. When a county fails to pay the amount due hereunder, the commissioner may deduct the amount from reimbursement otherwise due the county, or the attorney general, upon the request of the commissioner, may institute civil action to recover the amount due; and
(2) notwithstanding the provisions of clause (1), if the disallowance results from knowing noncompliance by one or more counties with a specific program instruction, and that knowing noncompliance is a matter of official county board record, the commissioner may require payment or recover from the county or counties, in the manner prescribed in clause (1), an amount equal to the portion of the total disallowance which resulted from the noncompliance, and may distribute the balance of the disallowance according to clause (1).
(n) Develop and implement special projects that maximize reimbursements and result in the recovery of money to the state. For the purpose of recovering state money, the commissioner may enter into contracts with third parties. Any recoveries that result from projects or contracts entered into under this paragraph shall be deposited in the state treasury and credited to a special account until the balance in the account reaches $1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be transferred and credited to the general fund. All money in the account is appropriated to the commissioner for the purposes of this paragraph.
(o) Have the authority to establish and enforce the following county reporting requirements:
(1) the commissioner shall establish fiscal and statistical reporting requirements necessary to account for the expenditure of funds allocated to counties for human services programs. When establishing financial and statistical reporting requirements, the commissioner shall evaluate all reports, in consultation with the counties, to determine if the reports can be simplified or the number of reports can be reduced;
(2) the county board shall submit monthly or quarterly reports to the department as required by the commissioner. Monthly reports are due no later than 15 working days after the end of the month. Quarterly reports are due no later than 30 calendar days after the end of the quarter, unless the commissioner determines that the deadline must be shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss of federal funding. Only reports that are complete, legible, and in the required format shall be accepted by the commissioner;
(4) a county board that submits reports that are late, illegible, incomplete, or not in the required format for two out of three consecutive reporting periods is considered noncompliant. When a county board is found to be noncompliant, the commissioner shall notify the county board of the reason the county board is considered noncompliant and request that the county board develop a corrective action plan stating how the county board plans to correct the problem. The corrective action plan must be submitted to the commissioner within 45 days after the date the county board received notice of noncompliance;
(5) the final deadline for fiscal reports or amendments to fiscal reports is one year after the date the report was originally due. If the commissioner does not receive a report by the final deadline, the county board forfeits the funding associated with the report for that reporting period and the county board must repay any funds associated with the report received for that reporting period;
(6) the commissioner may not delay payments, withhold funds, or require repayment under clause (3) or (5) if the county demonstrates that the commissioner failed to provide appropriate forms, guidelines, and technical assistance to enable the county to comply with the requirements. If the county board disagrees with an action taken by the commissioner under clause (3) or (5), the county board may appeal the action according to sections 14.57 to 14.69; and
(7) counties subject to withholding of funds under clause (3) or forfeiture or repayment of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover costs incurred due to actions taken by the commissioner under clause (3) or (5).
(p) Allocate federal fiscal disallowances or sanctions for audit exceptions when federal fiscal disallowances or sanctions are based on a statewide random sample in direct proportion to each county's claim for that period.
(q) Be responsible for ensuring the detection, prevention, investigation, and resolution of fraudulent activities or behavior by applicants, recipients, and other participants in the human services programs administered by the department, including but not limited to a preenrollment risk assessment. A preenrollment risk assessment under this paragraph must be conducted in accordance with the procedures and criteria established in section 256B.0437.
(r) Require county agencies to identify overpayments, establish claims, and utilize all available and cost‑beneficial methodologies to collect and recover these overpayments in the human services programs administered by the department.
(s) Have the authority to administer the federal drug rebate program for drugs purchased under the medical assistance program as allowed by section 1927 of title XIX of the Social Security Act and according to the terms and conditions of section 1927. Rebates shall be collected for all drugs that have been dispensed or administered in an outpatient setting and that are from manufacturers who have signed a rebate agreement with the United States Department of Health and Human Services.
(t) Have the authority to administer a supplemental drug rebate program for drugs purchased under the medical assistance program. The commissioner may enter into supplemental rebate contracts with pharmaceutical manufacturers and may require prior authorization for drugs that are from manufacturers that have not signed a supplemental rebate contract. Prior authorization of drugs shall be subject to the provisions of section 256B.0625, subdivision 13.
(v) Receive any federal matching money that is made available through the medical assistance program for the consumer satisfaction survey. Any federal money received for the survey is appropriated to the commissioner for this purpose. The commissioner may expend the federal money received for the consumer satisfaction survey in either year of the biennium.
(w) Designate community information and referral call centers and incorporate cost reimbursement claims from the designated community information and referral call centers into the federal cost reimbursement claiming processes of the department according to federal law, rule, and regulations. Existing information and referral centers provided by Greater Twin Cities United Way or existing call centers for which Greater Twin Cities United Way has legal authority to represent, shall be included in these designations upon review by the commissioner and assurance that these services are accredited and in compliance with national standards. Any reimbursement is appropriated to the commissioner and all designated information and referral centers shall receive payments according to normal department schedules established by the commissioner upon final approval of allocation methodologies from the United States Department of Health and Human Services Division of Cost Allocation or other appropriate authorities.
(x) Develop recommended standards for adult foster care homes that address the components of specialized therapeutic services to be provided by adult foster care homes with those services.
(y) Authorize the method of payment to or from the department as part of the human services programs administered by the department. This authorization includes the receipt or disbursement of funds held by the department in a fiduciary capacity as part of the human services programs administered by the department.
(z) Designate the agencies that operate the Senior LinkAge Line under section 256.975, subdivision 7, and the Disability Hub under subdivision 24 as the state of Minnesota Aging and Disability Resource Center under United States Code, title 42, section 3001, the Older Americans Act Amendments of 2006, and incorporate cost reimbursement claims from the designated centers into the federal cost reimbursement claiming processes of the department according to federal law, rule, and regulations. Any reimbursement must be appropriated to the commissioner and treated consistent with section 256.011. All Aging and Disability Resource Center designated agencies shall receive payments of grant funding that supports the activity and generates the federal financial participation according to Board on Aging administrative granting mechanisms.
Sec. 13. Minnesota Statutes 2024, section 256.01, is amended by adding a subdivision to read:
Subd. 46. Department
of Human Services home and community-based services provider support and
technical assistance team. The
commissioner must establish and maintain a home and community-based services
provider support and technical assistance team to deliver proactive and
coordinated support to home and
community-based services
providers. The commissioner must ensure
that the home and community-based services provider support and technical
assistance team has sufficient staff and resources to perform the functions
required under this subdivision. The
home and community-based services provider support and technical assistance
team must:
(1) serve as a provider
liaison and help desk for providers' technical, regulatory, and operational
questions;
(2) develop training and
onboarding materials for home and community-based services providers;
(3) collect data on home
and community-based provider challenges;
(4) coordinate the
functions of the department, including information technology, licensing,
provider enrollment, service delivery oversight, and program integrity
oversight to clarify program requirements, provider requirements, and service
requirements and to support providers with compliance and prevention of fraud;
and
(5) make recommendations
to the commissioner regarding changes to the operations of the department or to
the design and implementation of home and community-based services that would
improve the delivery of services and improve program integrity.
Sec. 14. Minnesota Statutes 2024, section 256B.04, subdivision 5, is amended to read:
Subd. 5. Annual
report required. The state agency
within 60 days after the close of each fiscal year, shall prepare and print for
the fiscal year a report that includes:
a full account of the operations and expenditure of funds under this
chapter,; a full account of the activities undertaken in
accordance with subdivision 10,; adequate and complete statistics
divided by counties about all medical assistance provided in accordance with
this chapter,; a full account of all pre-enrollment, postenrollment,
and unannounced site visits to providers under section 256B.044, subdivision 5;
and any other information it may deem advisable.
Sec. 15. Minnesota Statutes 2025 Supplement, section 256B.04, subdivision 21, as amended by Laws 2026, chapter 95, article 4, section 12, is amended to read:
Subd. 21. Provider
enrollment. (a) The
commissioner shall enroll providers and conduct screening activities as
required by Code of Federal Regulations, title 42, section 455, subpart E,
and sections 256B.044 to 256B.0448. A
provider must enroll each provider-controlled location where direct services
are provided. The commissioner may deny
a provider's incomplete application if a provider fails to respond to the
commissioner's request for additional information within 60 days of the request. The commissioner must conduct a background
study under chapter 245C, including a review of databases in section
245C.08, subdivision 1, paragraph (a), clauses (1) to (5), for a provider
described in this paragraph. The
background study requirement may be satisfied if the commissioner conducted a
fingerprint-based background study on the provider that includes a review of
databases in section 245C.08, subdivision 1, paragraph (a), clauses (1) to (5).
(b) The commissioner
shall revalidate:
(1) each provider under
this subdivision at least once every five years;
(2) each personal care
assistance agency, CFSS provider-agency, and CFSS financial management services
provider under this subdivision at least once every three years;
(3) each EIDBI agency
under this subdivision at least once every three years; and
(4) at
the commissioner's discretion, any medical-assistance-only provider type the
commissioner deems "high‑risk" under this subdivision.
(c) The commissioner
shall conduct revalidation as follows:
(1) provide 30-day
notice of the revalidation due date including instructions for revalidation and
a list of materials the provider must submit;
(2) if a provider fails
to submit all required materials by the due date, notify the provider of the
deficiency within 30 days after the due date and allow the provider an
additional 30 days from the notification date to comply; and
(3) if a provider fails
to remedy a deficiency within the 30-day time period, give 60-day notice of
termination and immediately suspend the provider's ability to bill. The provider does not have the right to
appeal suspension of ability to bill.
(d) If a provider fails
to comply with any individual provider requirement or condition of
participation, the commissioner may suspend the provider's ability to bill
until the provider comes into compliance.
The commissioner's decision to suspend the provider is not subject to an
administrative appeal.
(e) Correspondence and
notifications, including notifications of termination and other actions, may be
delivered electronically to a provider's MN-ITS mailbox. This paragraph does not apply to
correspondences and notifications related to background studies.
(f) If the commissioner
or the Centers for Medicare and Medicaid Services determines that a provider is
designated "high-risk," the commissioner may withhold payment from
providers within that category upon initial enrollment for a 90-day period. The withholding for each provider must begin
on the date of the first submission of a claim.
(g) An enrolled provider
that is also licensed by the commissioner under chapter 245A, is
licensed as a home care provider by the Department of Health under chapter
144A, or is licensed as an assisted living facility under chapter 144G
and has a home and community-based services designation on the home care
license under section 144A.484, must designate an individual as the entity's
compliance officer. The compliance
officer must:
(1) develop policies and
procedures to assure adherence to medical assistance laws and regulations and
to prevent inappropriate claims submissions;
(2) train the employees
of the provider entity, and any agents or subcontractors of the provider entity
including billers, on the policies and procedures under clause (1);
(3) respond to
allegations of improper conduct related to the provision or billing of medical
assistance services, and implement action to remediate any resulting problems;
(4) use evaluation
techniques to monitor compliance with medical assistance laws and regulations;
(5) promptly report to
the commissioner any identified violations of medical assistance laws or
regulations; and
(6) within 60 days of
discovery by the provider of a medical assistance reimbursement overpayment,
report the overpayment to the commissioner and make arrangements with the
commissioner for the commissioner's recovery of the overpayment.
The commissioner may
require, as a condition of enrollment in medical assistance, that a provider
within a particular industry sector or category establish a compliance program
that contains the core elements established by the Centers for Medicare and Medicaid
Services.
(h) The commissioner may
revoke the enrollment of an ordering or rendering provider for a period of not
more than one year, if the provider fails to maintain and, upon request from
the commissioner, provide access to documentation relating to written orders or
requests for payment for durable medical equipment, certifications for home
health services, or referrals for other items or services written or ordered by
such provider, when the commissioner has identified a pattern of a lack of
documentation. A pattern means a failure
to maintain documentation or provide access to documentation on more than one
occasion. Nothing in this paragraph
limits the authority of the commissioner to sanction a provider under the
provisions of section 256B.064.
(i) The commissioner
shall terminate or deny the enrollment of any individual or entity if the
individual or entity has been terminated from participation in Medicare or
under the Medicaid program or Children's Health Insurance Program of any other
state. The commissioner may exempt a
rehabilitation agency from termination or denial that would otherwise be
required under this paragraph, if the agency:
(1) is unable to retain
Medicare certification and enrollment solely due to a lack of billing to the
Medicare program;
(2) meets all other
applicable Medicare certification requirements based on an on-site review
completed by the commissioner of health; and
(3) serves primarily a
pediatric population.
(j) As a condition of
enrollment in medical assistance, the commissioner shall require that a
provider designated "moderate" or "high-risk" by the
Centers for Medicare and Medicaid Services or the commissioner permit the
Centers for Medicare and Medicaid Services, its agents, or its designated
contractors and the state agency, its agents, or its designated contractors to
conduct unannounced on-site inspections of any provider location. The commissioner shall publish in the
Minnesota Health Care Program Provider Manual a list of provider types
designated "limited," "moderate," or "high-risk,"
based on the criteria and standards used to designate Medicare providers in
Code of Federal Regulations, title 42, section 424.518. The list and criteria are not subject to the
requirements of chapter 14. The
commissioner's designations are not subject to administrative appeal.
(k) As a condition of
enrollment in medical assistance, the commissioner shall require that a
high-risk provider, or a person with a direct or indirect ownership interest in
the provider of five percent or higher, consent to criminal background checks,
including fingerprinting, when required to do so under state law or by a
determination by the commissioner or the Centers for Medicare and Medicaid
Services that a provider is designated high-risk for fraud, waste, or abuse.
(l)(1) Upon initial
enrollment, reenrollment, and notification of revalidation, all durable medical
equipment, prosthetics, orthotics, and supplies (DMEPOS) medical suppliers
meeting the durable medical equipment provider and supplier definition in clause
(3), operating in Minnesota and receiving Medicaid funds must purchase a surety
bond that is annually renewed and designates the Minnesota Department of Human
Services as the obligee, and must be submitted in a form approved by the
commissioner. For purposes of this
clause, the following medical suppliers are not required to obtain a surety
bond: a federally qualified health
center, a home health agency, the Indian Health Service, a pharmacy, and a
rural health clinic.
(2) At the time of
initial enrollment or reenrollment, durable medical equipment providers and
suppliers defined in clause (3) must purchase a surety bond of $50,000. If a revalidating provider's Medicaid revenue
in the previous calendar year is up to and including $300,000, the provider
agency must purchase a surety bond of $50,000.
If a
revalidating provider's Medicaid revenue in the
previous calendar year is over $300,000, the provider agency must purchase a
surety bond of $100,000. The surety bond
must allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary recovery or
sanctions from a surety bond must occur within six years from the date the debt
is affirmed by a final agency decision. An
agency decision is final when the right to appeal the debt has been exhausted
or the time to appeal has expired under section 256B.064.
(3) "Durable
medical equipment provider or supplier" means a medical supplier that can
purchase medical equipment or supplies for sale or rental to the general public
and is able to perform or arrange for necessary repairs to and maintenance of
equipment offered for sale or rental.
(m) The Department of
Human Services may require a provider to purchase a surety bond as a condition
of initial enrollment, reenrollment, reinstatement, or continued enrollment if: (1) the provider fails to demonstrate
financial viability, (2) the department determines there is significant
evidence of or potential for fraud and abuse by the provider, or (3) the
provider or category of providers is designated high-risk pursuant to paragraph
(f) and as per Code of Federal Regulations, title 42, section 455.450. The surety bond must be in an amount of
$100,000 or ten percent of the provider's payments from Medicaid during the
immediately preceding 12 months, whichever is greater. The surety bond must name the Department of
Human Services as an obligee and must allow for recovery of costs and fees in
pursuing a claim on the bond. This
paragraph does not apply if the provider currently maintains a surety bond
under the requirements in section 256B.0659, 256B.0701, or 256B.85.
Sec. 16. Minnesota Statutes 2024, section 256B.04, is amended by adding a subdivision to read:
Subd. 28. Medical
assistance education program. (a)
The commissioner must provide information to all medical assistance enrollees
on the following topics:
(1) an enrollee's
benefits, rights, and responsibilities under medical assistance;
(2) how to appropriately
access and receive services under medical assistance;
(3) an enrollee's right
to file complaints, grievances, and appeals;
(4) general information
about preventing fraud and abuse in the medical assistance program; and
(5) how to report
concerns to the department and managed care organizations about fraud and abuse
in the medical assistance program.
(b) The commissioner
must ensure that the information provided under this subdivision:
(1) is in plain
language;
(2) is culturally and
linguistically appropriate; and
(3) complies with
applicable federal Medicaid requirements for communicating with enrollees.
(c) When an enrollee's
use of medical assistance results in abusive or fraudulent billing, the
commissioner must notify the enrollee about the availability of the information
under this subdivision and may provide additional educational information targeted
to the event that resulted in abusive or fraudulent billing.
(d) The commissioner may
require entities participating in medical assistance, including but not limited
to managed care organizations, providers, lead agencies, and Tribal agencies,
to assist in delivering the information required under this subdivision.
(e)
For enrollees who receive case management services or have a support plan
developed under section 256B.0911, the information required under this
subdivision must be tailored to their service needs and may be delivered
through the support planning process by the lead agency or managed care
organization, as appropriate.
Sec. 17. [256B.0437]
PREENROLLMENT ASSESSMENT.
(a) Before enrolling a
provider or agency, the commissioner may complete a preenrollment risk
assessment of the provider or agency seeking to enroll to confirm the provider
or agency's eligibility and the provider or agency's ability to meet the
requirements of this chapter. The
commissioner must utilize a risk-score framework as a component of the
assessment that identifies service-specific fraud risk indicators, including
but not limited to organizational readiness, financial stability, compliance
history, and addressing service necessity.
(b) Based on the
assessment of fraud risk indicators described in paragraph (a), the
commissioner may deem the applicant ineligible and deny or rescind enrollment. The decision to deny or rescind enrollment
must be made in writing and sent using a signature-verified confirmed delivery
method. An applicant may request
reconsideration of the decision regarding the applicant's eligibility in
writing within 30 business days after the date the notice was issued. The commissioner must notify each applicant
of the commissioner's final decision regarding the applicant's eligibility.
(c) A provider enrolled
before July 1, 2026, that billed for services on or after January 1, 2025, must
receive a positive preenrollment risk assessment no later than July 1, 2027, to
remain eligible. A provider or agency
enrolled before July 1, 2026, that has not billed for services on or after
January 1, 2025, must receive a positive preenrollment risk assessment no later
than July 1, 2026, to remain eligible. A
provider that becomes ineligible under this paragraph regains eligibility after
receiving a positive assessment under this section if the provider remains
otherwise eligible.
EFFECTIVE DATE. This
section is effective July 1, 2026.
Sec. 18. [256B.044]
PROVIDER ENROLLMENT.
Subdivision 1. Designating
categorical risk levels. (a)
The commissioner must designate provider types as "limited-risk,"
"moderate-risk," or "high-risk" based on the criteria and
standards used to designate Medicare providers in Code of Federal Regulations,
title 42, section 424.518. The
commissioner must publish a list of provider types and designated categorical
risk levels in the Minnesota Health Care Program Provider Manual.
(b) The list and
criteria are not subject to the requirements under chapter 14 and section
14.386 does not apply.
(c) The commissioner's
designations are not subject to administrative appeal.
Subd. 2. Required
verifications and checks. The
commissioner must perform the following verifications and checks prior to
making an enrollment determination and periodically thereafter:
(1) verify that the
provider meets applicable federal and state requirements for the provider type;
(2) conduct license
verifications, as applicable, including verification of current licensure in
Minnesota and in any other state in which the provider is or was previously
licensed, in accordance with Code of Federal Regulations, title 42, section
455.412;
(3) conduct database checks on a pre-enrollment and postenrollment basis to ensure that the provider continues to meet the enrollment criteria for the provider type, in accordance with Code of Federal Regulations, title 42, section 455.436;
(4)
confirm that the provider and any disclosed owners, managing employees, or
controlling individuals are not excluded from participation in any state's
Medicaid program, Medicare, or any other federal health care program;
(5) verify the
provider's National Provider Identifier and, as applicable, Medicare enrollment
status;
(6) verify the
provider's tax identification number and business registration status;
(7) verify the
provider's ownership and control disclosures as required under federal law; and
(8) conduct any
additional screenings, verifications, or reviews that are necessary to protect
the integrity of the medical assistance program or that are required under
federal law.
Subd. 3. Required
background studies. (a) The
commissioner must conduct a background study under chapter 245C for a provider
applying for enrollment. The background
study must include a review of databases in section 245C.08, subdivision 1,
paragraph (a), clauses (1) to (5), and any other databases required under
federal law.
(b) The commissioner
must conduct a background study under this subdivision for each individual with
an ownership or control interest in, or who is an officer, director, agent,
managing employee, or other person with operational or managerial control of,
the provider.
(c) Fingerprint-based
studies are required when mandated by federal law or when a provider is
designated moderate-risk or high-risk under subdivision 1.
(d) The commissioner may
conduct background studies postenrollment as necessary.
(e) A provider's failure
to submit to the commissioner the information required for a background study
under this subdivision is grounds for denial or termination of enrollment in
medical assistance.
(f) A provider's
enrollment must be denied or terminated if a provider or individual subject to
a background study under this subdivision is disqualified under chapter 245C or
is excluded from participating in any federal health care programs.
Subd. 4. Service
location enrollment. (a) A
provider must enroll each provider-controlled location where direct services
are provided. "Provider-controlled
location" means a physical site owned, leased, operated, or otherwise
controlled by the provider.
(b) Separate enrollment
is not required for services provided in a recipient's home or community
setting, telehealth services delivered from an enrolled site, compliant mobile
services, or other federally permissible exemptions.
(c) A provider's failure
to enroll each provider-controlled location where direct services are provided
is grounds for sanctions under section 256B.064.
Subd. 5. Required
on-site inspections. (a) As a
condition of enrollment in medical assistance, the commissioner shall require
that a provider designated as moderate-risk or high-risk by CMS or the
commissioner permit CMS, CMS's agents, or CMS's designated contractors and the
state agency, the state agency's agents, or the state agency's designated
contractors to conduct unannounced on-site inspections of any provider
location.
(b) Consistent with the
commissioner's authority under Code of Federal Regulations, title 42, section
455.452, prior to enrolling, prior to reenrolling, and prior to revalidating a
provider designated as moderate-risk or high-risk, the commissioner must conduct
unannounced on-site inspections of all provider locations.
Subd. 6. Surety
bonds. (a) The commissioner
must require a provider to purchase a surety bond as a condition of initial
enrollment, reenrollment, revalidation, reinstatement, or continued enrollment. Upon new enrollment, or if the provider's
medical assistance revenue in the previous calendar year is less than or equal
to $300,000, the provider must purchase a surety bond of $50,000. If the provider's medical assistance revenue
in the previous calendar year is greater than $300,000, the provider must
purchase a surety bond of $100,000. The
surety bond must name the Department of Human Services as an obligee, must be
purchased new annually, and must allow for recovery of costs and fees in
pursuing a claim on the bond. Any action
to obtain monetary recovery or sanctions from a surety bond must occur within
six years from the date the debt is affirmed by a final agency decision. An agency decision is final when the right to
appeal the debt has been exhausted or the time to appeal has expired under
section 256B.064.
(b) This subdivision
does not apply if the provider currently maintains a surety bond under the
requirements under section 256B.0659, 256B.0701, or 256B.85.
Subd. 7. Financial
capacity. As a condition of
enrolling in medical assistance, the commissioner must require, in a form and
manner prescribed by the commissioner, that a provider attest to sufficient
financial capacity to operate.
Subd. 8. Compliance
programs. (a) The
commissioner may require, as a condition of enrollment in medical assistance,
that a provider in a particular industry, of a particular provider type, or
with a particular risk categorization under subdivision 1, establish and
maintain a compliance program consistent with federal program integrity
guidance issued by CMS or the United States Department of Health and Human
Services Office of Inspector General.
(b) If an enrolled
provider is required by the commissioner or by federal or state law to
designate an individual as the provider's compliance officer, the provider must
appoint an individual responsible for implementing and overseeing the
compliance program.
(c) At a minimum, the
compliance program must include policies and procedures designed to:
(1) ensure adherence to
federal and state laws and program requirements governing medical assistance
and prevent the submission of improper claims;
(2) train employees,
agents, contractors, and subcontractors, including billing personnel, on
applicable federal and state laws and program requirements;
(3) establish procedures
for receiving, investigating, and responding to allegations of improper conduct
and for implementing corrective actions;
(4) use auditing,
monitoring, or other evaluation techniques to assess ongoing compliance;
(5) promptly report to
the commissioner any credible evidence of violations of federal and state laws
or regulations governing medical assistance; and
(6) report and return
identified medical assistance overpayments within 60 days after discovery or by
the date any corresponding cost report is due, whichever is later, in
accordance with federal law.
Subd. 9. Incomplete
provider enrollment applications. The
commissioner may deny a provider's incomplete enrollment application if a
provider fails to respond to the commissioner's request for additional
information within 60 days of the request.
Subd. 10. Correspondence
and notification. The
commissioner may deliver correspondence and notifications, including
notifications of termination and other actions, electronically to a provider's
MN-ITS mailbox. This subdivision does
not apply to correspondence and notifications related to background studies.
Sec. 19. [256B.0441]
PROVIDER REVALIDATION.
Subdivision 1. Requirement. The commissioner must revalidate each
enrolled provider according to this section.
Subd. 2. Schedule. (a) The commissioner shall revalidate:
(1) each provider at
least once every five years;
(2) each personal care
assistance agency, community first services and supports (CFSS)
provider-agency, and CFSS financial management services provider at least once
every three years;
(3) each EIDBI agency at
least once every three years; and
(4) each
medical-assistance-only provider type the commissioner deems high-risk under
section 256B.044, subdivision 1, at least every three years.
(b) The commissioner
must conduct revalidation of a provider more frequently when required under
federal law or when necessary to protect program integrity.
Subd. 3. Procedures. (a) The commissioner shall conduct
revalidation as follows:
(1) provide 30 days'
notice to the provider of the provider's revalidation due date, including
instructions for revalidation, a list of materials the provider must submit,
and a notice about the possibility of an unannounced site visit as required
under paragraph (b);
(2) if a provider fails
to submit all required materials or satisfy the requirements of paragraph (b)
by the due date, notify the provider of the deficiency within 14 days after the
due date and allow the provider an additional 14 days from the notification
date to comply; and
(3) if a provider fails
to remedy a deficiency within the additional 28-day time period, give 15 days'
notice of termination and immediately suspend the provider's ability to bill. The commissioner's decision to suspend the
provider's ability to bill is not subject to an administrative appeal.
(b) For a provider
designated moderate-risk or high-risk, the commissioner must conduct
unannounced site visits at each of the provider's enrolled locations under
section 256B.044, subdivision 4, no more than 30 days prior to the provider's
revalidation due date.
(c) A provider must
demonstrate financial capacity, as described under section 256B.044,
subdivision 7, as a requirement of revalidation under this subdivision.
Sec. 20. [256B.0442]
PROVIDER ENROLLMENT SUSPENSIONS AND TERMINATIONS.
Subdivision 1. Suspension
of billing privileges. (a) If
a provider fails to comply with any individual provider requirement or
condition of participation, the commissioner may suspend the provider's ability
to bill until the provider comes into compliance.
(b)
Notwithstanding any law to the contrary, the commissioner may immediately
impose a suspension under this subdivision when necessary to protect public
funds or ensure program integrity.
(c) A suspension under
this subdivision does not limit the authority of the commissioner to issue any
other sanction authorized under federal or state law.
(d) The commissioner's
decision to suspend a provider's ability to bill is not subject to an
administrative appeal.
Subd. 2. Revocation
for lack of documentation. (a)
The commissioner may revoke the enrollment of an ordering or rendering provider
for a period of not more than one year if the provider fails to maintain and,
upon request from the commissioner, provide access to documentation relating to
written orders or requests for payment for durable medical equipment,
certifications for home health services, or referrals for other items or
services written or ordered by the provider when the commissioner has identified
a pattern of a lack of documentation. A
pattern means a failure to maintain documentation or provide access to
documentation on more than one occasion.
(b) Nothing in this
subdivision limits the authority of the commissioner to sanction a provider
under section 256B.064.
Subd. 3. Mandatory
denial or termination of enrollment.
(a) The commissioner must terminate or deny the enrollment of a
provider when:
(1) an individual with a
five percent or greater direct or indirect ownership interest in the provider
does not submit timely and accurate information and cooperate with the
screening methods required under section 256B.044;
(2) an individual with a
five percent or greater direct or indirect ownership interest in the provider
has been convicted of a criminal offense related to the individual's
involvement in Medicare, Medicaid, or the Children's Health Insurance Program
in the last ten years, unless the commissioner determines that denial or
termination of enrollment is not in the best interests of the medical
assistance program and the commissioner documents that determination in
writing;
(3) the provider, or an
individual with a five percent or greater direct or indirect ownership interest
in the provider, was terminated from participation in Medicare on or after
January 1, 2011, or under a Medicaid program or Children's Health Insurance
Program of any other state, and is currently included in the termination
database under Code of Federal Regulations, title 42, section 455.417, except
as provided in paragraph (b);
(4) the provider, or an
individual with a five percent or greater direct or indirect ownership interest
in the provider, fails to submit timely or accurate information, unless the
commissioner determines that termination or denial of enrollment is not in the
best interests of the medical assistance program and the commissioner documents
that determination in writing;
(5) the provider, or an
individual with a five percent or greater direct or indirect ownership interest
in the provider, fails to submit sets of fingerprints in a form and manner
determined by the commissioner within 30 days of a request from the Centers for
Medicare and Medicaid Services (CMS) or the commissioner, unless the
commissioner determines that termination or denial of enrollment is not in the
best interests of the medical assistance program and the commissioner documents
that determination in writing;
(6) the provider fails
to permit access to provider locations for any site visits under section
256B.044, subdivision 5, unless the commissioner determines that termination or
denial of enrollment is not in the best interests of the medical assistance program
and the commissioner documents that determination in writing; or
(7)
CMS or the commissioner determines that the provider has falsified any
information provided on the application or cannot verify the identity of any
provider applicant.
(b) The commissioner may
exempt a rehabilitation agency from termination or denial that would otherwise
be required under paragraph (a), clause (3), if the agency:
(1) is unable to retain
Medicare certification and enrollment solely due to a lack of billing to the
Medicare program;
(2) meets all other
applicable Medicare certification requirements based on an on-site review
completed by the commissioner of health; and
(3) serves primarily a
pediatric population.
Subd. 4. Termination
for lack of submitted claims. The
commissioner may terminate the enrollment of an individual provider or an
entity provider if the individual provider or entity provider has not submitted
any claims in the previous 12 consecutive calendar months.
Sec. 21. [256B.0443]
PROVIDER PAYMENT WITHHOLDS.
(a) If the commissioner
or the Centers for Medicare and Medicaid Services designates a provider type as
high‑risk under section 256B.044, subdivision 1, the commissioner may withhold
payment from providers within that category upon initial enrollment for a
90-day period.
(b) The withholding for
each provider must begin on the date of the first submission of a claim.
Sec. 22. [256B.0444]
ENROLLMENT MORATORIUM FOR HIGH-RISK PROVIDERS.
Subdivision 1. Provider
enrollment moratorium. (a) If
the commissioner or the Centers for Medicare and Medicaid Services (CMS)
designates a provider type as high-risk under section 256B.044, subdivision 1,
the commissioner may issue a statewide or regional enrollment moratorium and
stop accepting and processing applications from providers within that category
within 30 days of the date of the designation or upon federal approval of the
moratorium, whichever is later. A
moratorium issued under this section is effective for a period of up to 24
months from the date the moratorium is issued.
(b) Before ending the
moratorium under this section, the commissioner must revalidate the enrollment
of each provider within the affected category in accordance with the
revalidation procedures under section 256B.0441, subdivision 3.
Subd. 2. Moratorium
exceptions. The commissioner
may grant exceptions to a moratorium issued under subdivision 1 and must make
publicly available the processes and criteria the commissioner will use to
grant exceptions. The commissioner may
grant an exception if a county or Tribal agency submits a request for an
exception to the commissioner.
Subd. 3. Continued
enrollment of new clients. Nothing
in this section prohibits an enrolled provider subject to a moratorium under
this section from enrolling new clients or beneficiaries during the period of
the enrollment moratorium.
Subd. 4. Notice. (a) At least ten days prior to issuing
an enrollment moratorium under this section, the commissioner must notify
enrolled providers within the affected category and the chairs and ranking
minority members of the legislative committees with jurisdiction over health
and human services about the actions the commissioner plans to take under this
section. The notice must:
(1) include a list of
provider types to which the moratorium applies;
(2) provide a general
explanation for the basis of the high-risk designation; and
(3) identify the start
dates and anticipated durations of the enrollment moratorium.
(b) Within 60 days of ending an enrollment moratorium under this section, the commissioner must notify the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services about the results of the moratorium.
Sec. 23. [256B.0445]
ADDITIONAL PROVIDER ENROLLMENT REQUIREMENTS FOR SPECIFIC PROVIDER TYPES.
Subdivision 1. Durable
medical equipment provider or supplier.
(a) For the purposes of this subdivision, "durable medical
equipment provider or supplier" means a medical supplier that can purchase
medical equipment or supplies for sale or rent to the general public and is
able to perform or arrange for necessary repairs to and maintenance of
equipment offered for sale or rent.
(b) Upon initial
enrollment, reenrollment, and notification of revalidation, all durable medical
equipment, prosthetics, orthotics, and supplies medical suppliers meeting the
durable medical equipment provider or supplier definition in paragraph (a), operating
in Minnesota, and receiving medical assistance money must purchase a surety
bond that is annually renewed, designates the state agency as the obligee, and
is submitted in a form approved by the commissioner. For purposes of this paragraph, the following
medical suppliers are not required to obtain a surety bond: a federally qualified health center, a home
health agency, the Indian Health Service, a pharmacy, and a rural health
clinic.
(c) At the time of
initial enrollment or reenrollment, durable medical equipment providers or
suppliers as defined in paragraph (a) must purchase a surety bond of $50,000. If a revalidating provider's medical
assistance revenue in the previous calendar year is up to and including
$300,000, the provider agency must purchase a surety bond of $50,000. If a revalidating provider's medical
assistance revenue in the previous calendar year is over $300,000, the provider
agency must purchase a surety bond of $100,000.
The surety bond must be purchased new annually and must allow for
recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary recovery or
sanctions from a surety bond must occur within six years from the date the debt
is affirmed by a final agency decision. An
agency decision is final when the right to appeal the debt has been exhausted
or the time to appeal has expired under section 256B.064.
Subd. 2. Providers
licensed by the commissioner of human services. An enrolled provider that is licensed
by the commissioner under chapter 245A must designate an individual as the
licensee's compliance officer under section 256B.044, subdivision 8, paragraph
(b).
Subd. 3. Providers
licensed by the commissioner of health.
An enrolled provider that is licensed by the commissioner of
health as a home care provider under chapter 144A with a home and
community-based services designation under section 144A.484 on the home care
license, or as an assisted living facility under chapter 144G, must designate an individual as the licensee's
compliance officer under section 256B.044, subdivision 8, paragraph (b).
Subdivision 1. Applicability. This section applies to any agency
that provides a service designated by the commissioner as high-risk under
section 256B.044, subdivision 1. For
purposes of this section, "agency" means the legal entity that is
applying to be or is enrolled with Minnesota health care programs as a medical
assistance provider according to Minnesota Rules, part 9505.0195.
Subd. 2. Mandatory
compliance training. (a)
Effective January 1, 2027, before applying for enrollment or reenrollment as a
medical assistance provider, an agency applying to provide services designated
by the commissioner as high-risk under section 256B.044, subdivision 1, must
require all owners of the agency who are active in the day-to-day management
and operations of the agency and all managerial and supervisory employees to
complete compliance training. All
individuals required to complete training under this subdivision must repeat
the training prior to the agency's revalidation as a medical assistance
provider.
(b) New owners active in
day-to-day management and operations of the agency and new managerial and
supervisory employees of the agency must complete compliance training under
this subdivision within 30 calendar days of becoming an owner of or beginning employment
with the agency and prior to conducting any management or operations activities
for the agency. If an individual moves
to another agency providing the same service and serves in a similar ownership
or employment capacity, the individual is not required to repeat the training
required under this subdivision. If the
individual does not repeat the compliance training, the individual must provide
documentation to the agency that proves that the individual completed the
compliance training within the provider revalidation schedule for the relevant
provider type as determined by the commissioner under section 256B.0441,
subdivisions 2 and 3.
(c) The commissioner
must determine the format and content of the compliance training. The training must include the following
topics, adapted as necessary for each provider type subject to the requirements
of this subdivision:
(1) state and federal
program billing, documentation, and service delivery requirements;
(2) enrollment
requirements;
(3) provider program
integrity, including fraud prevention, detection, and penalties;
(4) fair labor
standards;
(5) workplace safety
requirements; and
(6) recent changes in
service requirements.
Sec. 25. [256B.0447]
ENHANCED PREPAYMENT REVIEW.
Subdivision 1. Purpose
and authority. The
commissioner must conduct enhanced prepayment review of submitted
fee-for-service medical assistance claims to ensure compliance with state and
federal law and prevent improper payments.
Subd. 2. Review
requirement. Beginning April
1, 2027, the commissioner must conduct enhanced prepayment review under this
section of at least 65 percent of all fee-for-service claims.
Subd. 3. Notice. (a) Except as provided in paragraph
(b), the commissioner must provide written notice to a provider placed under
enhanced prepayment review at least 15 days before the review is implemented. The notice must include:
(1) the basis for the
review;
(2) the effective date
of the review; and
(3) the standards the
commissioner will use to determine when the provider, covered service, or
claims will no longer be subject to enhanced prepayment review.
(b) The commissioner may
delay, limit, or withhold notice to a provider if providing notice would
compromise program integrity, prejudice an audit or investigation, or conflict
with federal law or federal guidance.
Subd. 4. Continued
enrollment of new clients. Nothing
in this section prohibits an enrolled provider that is subject to enhanced
prepayment review from enrolling new clients or beneficiaries during the period
of review unless otherwise prohibited by law or by a separate action of the
commissioner.
Subd. 5. Timely
claims processing. The
commissioner must administer enhanced prepayment review in a manner consistent
with Code of Federal Regulations, title 42, section 447.45.
Subd. 6. Relationship
to other actions. Enhanced
prepayment review under this section does not preclude the commissioner from
conducting a preliminary investigation, full investigation, payment suspension,
postpayment review, audit, overpayment recovery, sanction, or referral to law
enforcement under this chapter or under applicable federal law.
Subd. 7. Information
on website. At least
annually, the commissioner must publish information on enhanced prepayment
review on the Department of Human Services website. The information must include, at minimum, the
list of covered services subject to review and aggregate outcomes, including
claim denials, payments delayed, and referrals for further action.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 26. [256B.0448]
POSTPAYMENT REVIEW.
Subdivision 1. Purpose
and authority. The
commissioner may conduct postpayment review of claims, encounters, cost
reports, rate submissions, and other billings submitted for payment or
reimbursement under this chapter to identify improper payments and recover
payments made in violation of state or federal law or program requirements.
Subd. 2. Scope
of review. The commissioner
may conduct postpayment review on a claim-by-claim basis or through other
review methods authorized by state or federal law.
Subd. 3. Provider
obligations. (a) A provider
subject to postpayment review must maintain documentation necessary to support
claims, encounters, cost reports, rate submissions, other billings submitted
for payment or reimbursement under this chapter, and compliance with program
requirements.
(b) The commissioner may
require a provider to submit records or supporting documentation relevant to a
postpayment review.
(c) A
provider's failure to provide requested records or supporting documentation to
the commissioner according to the timeline specified by the commissioner may
result in recovery of payments or sanctions under section 256B.064 and other
applicable laws.
Subd. 4. Recovery
and sanctions. If postpayment
review identifies an overpayment or other noncompliance with medical assistance
payment requirements, the commissioner may recover payments and impose
sanctions in accordance with section 256B.064 and other applicable laws.
Subd. 5. Relationship
to other actions. Conducting
postpayment review of a provider under this section does not preclude the
commissioner from conducting a preliminary investigation, full investigation,
enhanced prepayment review, payment suspension, audit, overpayment recovery,
sanction, or referral to law enforcement under this chapter or applicable
federal law.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 27. Minnesota Statutes 2025 Supplement, section 256B.0625, subdivision 17, is amended to read:
Subd. 17. Transportation costs. (a) "Nonemergency medical transportation service" means motor vehicle transportation provided by a public or private person that serves Minnesota health care program beneficiaries who do not require emergency ambulance service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
(b) For purposes of this
subdivision, "rural urban commuting area" or "RUCA" means a
census-tract based classification system under which a geographical area is
determined to be urban, rural, or super rural.
This paragraph expires July 1, 2026, for medical assistance
fee-for-service and January 1, 2027, for prepaid medical assistance upon
implementation of the administrator under subdivision 18i.
(c) Medical assistance covers medical transportation costs incurred solely for obtaining emergency medical care or transportation costs incurred by eligible persons in obtaining emergency or nonemergency medical care when paid directly to an ambulance company, nonemergency medical transportation company, or other recognized providers of transportation services. Medical transportation must be provided by:
(1) nonemergency medical transportation providers who meet the requirements of this subdivision;
(2) ambulances, as defined in section 144E.001, subdivision 2;
(3) taxicabs that meet the requirements of this subdivision;
(4) public transportation, within the meaning of "public transportation" as defined in section 174.22, subdivision 7; or
(5) not-for-hire vehicles, including volunteer drivers, as defined in
section 65B.472, subdivision 1, paragraph (p).
(d) Medical assistance covers nonemergency medical transportation provided by nonemergency medical transportation providers enrolled in the Minnesota health care programs. All nonemergency medical transportation providers must comply with the operating standards for special transportation service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the commissioner and reported on the claim as the individual who provided the service. All nonemergency medical transportation providers shall bill for nonemergency medical transportation services in accordance with Minnesota health care programs criteria. Publicly operated transit systems, volunteers, and not-for-hire vehicles are exempt from the requirements outlined in this paragraph.
(1) the provider has not initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
(2) the provider has initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
(i) the commissioner has sent the provider a notice that the individual has been disqualified under section 245C.14; and
(ii) the individual has not received a disqualification set-aside specific to the special transportation services provider under sections 245C.22 and 245C.23.
(f) The administrative agency of nonemergency medical transportation must:
(1) adhere to the policies defined by the commissioner;
(2) pay nonemergency medical transportation providers for services provided to Minnesota health care programs beneficiaries to obtain covered medical services;
(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled trips, and number of trips by mode; and
(4) by July 1, 2016, in
accordance with subdivision 18e, utilize a web-based single administrative
structure assessment tool that meets the technical requirements established by
the commissioner, reconciles trip information with claims being submitted by
providers, and ensures prompt payment for nonemergency medical transportation
services. This paragraph expires July
1, 2026, for medical assistance fee-for-service and January 1, 2027, for
prepaid medical assistance upon implementation of the administrator
under subdivision 18i.
(g) Effective July 1,
2026, for medical fee-for-service and January 1, 2027, for prepaid medical
assistance, upon implementation of the administrator under subdivision
18i, the administrative agency of nonemergency medical transportation must:
(1) adhere to the policies defined by the commissioner;
(2) pay nonemergency medical transportation providers for services provided to Minnesota health care program beneficiaries to obtain covered medical services; and
(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled trips, and number of trips by mode.
(h) Until the commissioner
implements the single administrative structure and delivery system under
subdivision 18e, clients shall obtain their level-of-service certificate from
the commissioner or an entity approved by the commissioner that does not dispatch
rides for clients using modes of transportation under paragraph (n), clauses
(4), (5), (6), and (7). This paragraph
expires July 1, 2026, for medical assistance fee-for-service and January 1,
2027, for prepaid medical assistance upon implementation of the
administrator under subdivision 18i.
(i) The commissioner may use an order by the recipient's attending physician, advanced practice registered nurse, physician assistant, or a medical or mental health professional to certify that the recipient requires nonemergency medical transportation services. Nonemergency medical transportation providers shall perform driver-assisted
(j) Nonemergency medical
transportation providers must take clients to the health care provider using
the most direct route, and must not exceed 30 miles for a trip to a primary
care provider or 60 miles for a trip to a specialty care provider, unless the
client receives authorization from the local agency. This paragraph expires July 1, 2026, for
medical assistance fee-for-service and January 1, 2027, for prepaid medical
assistance upon implementation of the administrator under subdivision
18i.
(k) Effective July 1,
2026, for medical assistance fee-for-service and January 1, 2027, for prepaid
medical assistance, upon implementation of the administrator under
subdivision 18i, nonemergency medical transportation providers must take
clients to the health care provider using the most direct route and must not
exceed 30 miles for a trip to a primary care provider or 60 miles for a trip to
a specialty care provider, unless the client receives authorization from the
administrator.
(l) Nonemergency medical transportation providers may not bill for separate base rates for the continuation of a trip beyond the original destination. Nonemergency medical transportation providers must maintain trip logs, which include pickup and drop-off times, signed by the medical provider or client, whichever is deemed most appropriate, attesting to mileage traveled to obtain covered medical services. Clients requesting client mileage reimbursement must sign the trip log attesting mileage traveled to obtain covered medical services.
(m) The administrative agency shall use the level of service process established by the commissioner to determine the client's most appropriate mode of transportation. If public transit or a certified transportation provider is not available to provide the appropriate service mode for the client, the client may receive a onetime service upgrade.
(n) The covered modes of transportation are:
(1) client reimbursement, which includes client mileage reimbursement provided to clients who have their own transportation, or to family or an acquaintance who provides transportation to the client;
(2) volunteer transport, which includes transportation by volunteers using their own vehicle;
(3) unassisted transport, which includes transportation provided to a client by a taxicab or public transit. If a taxicab or public transit is not available, the client can receive transportation from another nonemergency medical transportation provider;
(4) assisted transport, which includes transport provided to clients who require assistance by a nonemergency medical transportation provider;
(5) lift-equipped/ramp transport, which includes transport provided to a client who is dependent on a device and requires a nonemergency medical transportation provider with a vehicle containing a lift or ramp;
(6) protected transport, which includes transport provided to a client who has received a prescreening that has deemed other forms of transportation inappropriate and who requires a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety locks, a video recorder, and a transparent thermoplastic partition between the passenger and the vehicle driver; and (ii) who is certified as a protected transport provider; and
(o) The local agency shall
be the single administrative agency and shall administer and reimburse for
modes defined in paragraph (n) according to paragraphs (r) to (t) when the
commissioner has developed, made available, and funded the web-based single administrative
structure, assessment tool, and level of need assessment under subdivision 18e. The local agency's financial obligation is
limited to funds provided by the state or federal government. This paragraph expires July 1, 2026, for
medical assistance fee-for-service and January 1, 2027, for prepaid medical
assistance upon implementation of the administrator under subdivision
18i.
(p) The commissioner shall:
(1) verify that the mode and use of nonemergency medical transportation is appropriate;
(2) verify that the client is going to an approved medical appointment; and
(3) investigate all complaints and appeals.
(q) The administrative
agency shall pay for the services provided in this subdivision and seek
reimbursement from the commissioner, if appropriate. As vendors of medical care, local agencies
are subject to the provisions in section 256B.041, the sanctions and monetary
recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to
9505.2245. This paragraph expires July
1, 2026, for medical assistance fee-for-service and January 1, 2027, for
prepaid medical assistance upon implementation of the administrator
under subdivision 18i.
(r) Payments for nonemergency medical transportation must be paid based on the client's assessed mode under paragraph (m), not the type of vehicle used to provide the service. The medical assistance reimbursement rates for nonemergency medical transportation services that are payable by or on behalf of the commissioner for nonemergency medical transportation services are:
(1) $0.22 per mile for client reimbursement;
(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer transport;
(3) equivalent to the standard fare for unassisted transport when provided by public transit, and $12.10 for the base rate and $1.43 per mile when provided by a nonemergency medical transportation provider;
(4) $14.30 for the base rate and $1.43 per mile for assisted transport;
(5) $19.80 for the base rate and $1.70 per mile for lift-equipped/ramp transport;
(6) $75 for the base rate and $2.40 per mile for protected transport; and
(7) $60 for the base rate
and $2.40 per mile for stretcher transport, and $9 per trip for an additional
attendant if deemed medically necessary.
This paragraph expires July 1, 2026, for medical assistance
fee-for-service and January 1, 2027, for prepaid medical assistance upon
implementation of the administrator under subdivision 18i.
(s) Effective July 1,
2026, for medical assistance fee-for-service and January 1, 2027, upon
implementation of the administrator under subdivision 18i, for prepaid
medical assistance, payments for nonemergency medical transportation must be
paid based on the client's assessed mode under paragraph (m), not the type of
vehicle used to provide the service.
(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage rate in paragraph (r), clauses (1) to (7); and
(2) for a trip between 18
and 50 miles, equal to 112.5 percent of the respective mileage rate in
paragraph (r), clauses (1) to (7). This
paragraph expires July 1, 2026, for medical assistance fee-for-service and
January 1, 2027, for prepaid medical assistance upon implementation of
the administrator under subdivision 18i.
(u) For purposes of
reimbursement rates for nonemergency medical transportation services under
paragraphs (r) to (t), the zip code of the recipient's place of residence shall
determine whether the urban, rural, or super rural reimbursement rate applies. This paragraph expires July 1, 2026, for
medical assistance fee-for-service and January 1, 2027, for prepaid medical
assistance upon implementation of the administrator under subdivision
18i.
(v) The commissioner, when determining reimbursement rates for nonemergency medical transportation, shall exempt all modes of transportation listed under paragraph (n) from Minnesota Rules, part 9505.0445, item R, subitem (2).
(w) Effective for the first
day of each calendar quarter in which the price of gasoline as posted publicly
by the United States Energy Information Administration exceeds $3.00 per
gallon, the commissioner shall adjust the rate paid per mile in paragraph (r)
by one percent up or down for every increase or decrease of ten cents for the
price of gasoline. The increase or
decrease must be calculated using a base gasoline price of $3.00. The percentage increase or decrease must be
calculated using the average of the most recently available price of all grades
of gasoline for Minnesota as posted publicly by the United States Energy
Information Administration. This
paragraph expires July 1, 2026, for medical assistance fee-for-service and
January 1, 2027, for prepaid medical assistance upon implementation of
the administrator under subdivision 18i.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 28. Minnesota Statutes 2025 Supplement, section 256B.0625, subdivision 18i, is amended to read:
Subd. 18i. Administration
of nonemergency medical transportation. (a)
Effective July 1, 2026, for medical assistance fee-for-service and January
1, 2027, for prepaid medical assistance, the commissioner must contract
either statewide or regionally for the administration of the nonemergency
medical transportation program in compliance with the provisions of this
chapter. The contract must include the
administration of the nonemergency medical transportation benefit for those
enrolled in managed care as described in section 256B.69.
(b) The commissioner
must provide six months notice to counties, managed care organizations, and
county‑based purchasing organizations before implementing the administrator
required under this subdivision.
(c) The commissioner
must notify the revisor of statutes when the administrator under this
subdivision is implemented.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Subd. 20. Mental health case management. (a) To the extent authorized by rule of the state agency, medical assistance covers case management services to persons with serious and persistent mental illness and children with serious mental illness. Services provided under this section must meet the relevant standards in sections 245.461 to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
(b) Entities meeting
program standards set out in rules governing family community support services
as defined in section 245.4871, subdivision 17, are eligible for medical
assistance reimbursement for case management services for children with serious
mental illness when these services meet the program standards in Minnesota
Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10. To be eligible for medical assistance
reimbursement, an entity must document:
(1) face-to-face contacts between the case manager and the recipient;
(2) telephone contacts
between the case manager and the recipient; the recipient's mental health
provider or other service providers; the recipient's family members, legal
representative, or primary caregiver; or other interested persons;
(3) face-to-face
contacts between the case manager and the recipient's mental health provider or
other service providers; the recipient's family members, legal representative,
or primary caregiver; or other interested persons;
(4) contacts between the
case manager and the case manager's clinical supervisor about the recipient;
(5) individual community
support plan and assessment development, review, and revision required under
section 245.4711, subdivision 4, for an adult, or section 245.4881, subdivision
4, for a child;
(6) travel time spent by
the case manager to meet face-to-face with the recipient who resides outside of
the county of financial responsibility; and
(7) travel time spent by
the case manager within the county of financial responsibility to meet
face-to-face with the recipient or the recipient's family, legal
representative, or primary caregiver.
(c) For purposes of
paragraph (b), clauses (6) and (7), if a case manager arrives on time for a
scheduled face‑to‑face appointment with a recipient or the recipient's family
member, legal representative, or primary caregiver and the person fails to keep
the appointment, the time spent by the case manager traveling to and from the
site of the scheduled appointment is eligible for medical assistance payment. Provider entities must meet all program
standards set out in rules governing family community support services as
defined in section 245.4871, subdivision 17, and Minnesota Rules, parts
9520.0900 to 9520.0926, and 9505.0322, subpart 9.
(c) (d) Medical
assistance and MinnesotaCare payment for mental health case management shall
must be made on a monthly basis in accordance with section
256B.076, subdivisions 1, 2, 5, and 6.
In order to receive payment for an eligible child, the provider must
document at least a face-to-face contact either in person or by interactive
video that meets the requirements of subdivision 20b with the child, the
child's parents, or the child's legal representative. To receive payment for an eligible adult, the
provider must document:
(1) at least a
face-to-face contact with the adult or the adult's legal representative either
in person or by interactive video that meets the requirements of subdivision
20b; or
(2) at
least a telephone contact with the adult or the adult's legal representative
and document a face-to-face contact either in person or by interactive video
that meets the requirements of subdivision 20b with the adult or the adult's
legal representative within the preceding two months.
(d) (e) Payment
for mental health case management provided by county or state staff shall
must be based on the monthly rate methodology under section 256B.094,
subdivision 6, paragraph (b), with separate rates calculated for child welfare
and mental health, and within mental health, separate rates for children and
adults 256B.076, subdivisions 5 and 7.
(e) (f) Payment
for mental health case management provided by Indian health services or by
agencies operated by Indian tribes may be made according to this section or
other relevant federally approved rate setting methodology.
(f) (g) Payment
for mental health case management provided by vendors who contract with a
county must be calculated in accordance with section 256B.076, subdivision 2. Payment for mental health case management
provided by vendors who contract with a Tribe must be based on a monthly rate
negotiated by the Tribe. The rate must
not exceed the rate charged by the vendor for the same service to other payers. If the service is provided by a team of
contracted vendors, the team shall determine how to distribute the rate among
its members. No reimbursement received
by contracted vendors shall be returned to the county or tribe, except to
reimburse the county or tribe for advance funding provided by the county or
tribe to the vendor.
(g) (h) If the
service is provided by a team which includes contracted vendors, tribal staff,
and county or state staff, the costs for county or state staff participation in
the team shall be included in the rate for county-provided services. In this case, the contracted vendor, the
tribal agency, and the county may each receive separate payment for services
provided by each entity in the same month.
In order to prevent duplication of services, each entity must document,
in the recipient's file, the need for team case management and a description of
the roles of the team members.
(h) (i) Notwithstanding
section 256B.19, subdivision 1, the nonfederal share of costs for mental health
case management shall be provided by the recipient's county of responsibility,
as defined in sections 256G.01 to 256G.12, from sources other than federal funds
or funds used to match other federal funds.
If the service is provided by a tribal agency, the nonfederal share, if
any, shall be provided by the recipient's tribe. When this service is paid by the state
without a federal share through fee-for-service, 50 percent of the cost shall
be provided by the recipient's county of responsibility.
(i) (j) Notwithstanding
any administrative rule to the contrary, prepaid medical assistance and
MinnesotaCare include mental health case management. When the service is provided through prepaid
capitation, the nonfederal share is paid by the state and the county pays no
share.
(j) (k) The
commissioner may suspend, reduce, or terminate the reimbursement to a provider
that does not meet the reporting or other requirements of this section or
section 245.4711, 245.4881, 256B.0924, 256B.094, or 256F.10. The county of responsibility, as defined in
sections 256G.01 to 256G.12, or, if applicable, the tribal agency, is
responsible for any federal disallowances.
The county or tribe may share this responsibility with its contracted
vendors.
(k) (l) The
commissioner shall set aside a portion of the federal funds earned for county
expenditures under this section to repay the special revenue maximization
account under section 256.01, subdivision 2, paragraph (n). The repayment is limited to:
(1) the costs of developing and implementing this section; and
(l) (m) Payments
to counties and tribal agencies for case management expenditures under this
section shall only be made from federal earnings from services provided under
this section. When this service is paid
by the state without a federal share through fee-for-service, 50 percent of the
cost shall be provided by the state. Payments
to county-contracted vendors shall include the federal earnings, the state
share, and the county share.
(m) (n) Case
management services under this subdivision do not include therapy, treatment,
legal, or outreach services.
(n) (o) If the
recipient is a resident of a nursing facility, intermediate care facility, or
hospital, and the recipient's institutional care is paid by medical assistance,
payment for case management services under this subdivision is limited to the
lesser of:
(1) the last 180 days of the recipient's residency in that facility and may not exceed more than six months in a calendar year; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(o) (p) Payment
for case management services under this subdivision shall not duplicate
payments made under other program authorities for the same purpose.
(p) (q) If
the recipient is receiving care in a hospital, nursing facility, or residential
setting licensed under chapter 245A or 245D that is staffed 24 hours a day,
seven days a week, mental health targeted case management services must
actively support identification of community alternatives for the recipient and
discharge planning.
(r) Counties may receive
payment for up to 12 15-minute units for use at case initiation and case
closing to facilitate the recipient's needs assessments, individualized plan
development, referrals, or case documentation without needing to meet the contact
requirements specified under sections 245.4711, 245.4881, 256B.0924, 256B.094,
and 256F.10.
Sec. 30. Minnesota Statutes 2024, section 256B.064, subdivision 1b, is amended to read:
Subd. 1b. Sanctions
available. (a) The
commissioner may impose the following sanctions for the conduct described in
subdivision 1a: suspension or
withholding of payments to an individual or entity and suspending or
terminating participation in the program, or imposition of a fine under
subdivision 2, paragraph (g).
(1) suspending payments
to an individual or entity;
(2) temporarily
withholding payments to an individual or entity;
(3) suspending
participation in the program;
(4) terminating
participation in the program; or
(5) imposing a fine
under subdivision 2a.
(b) When imposing
sanctions under this section, the commissioner shall must
consider the nature, chronicity, or severity of the conduct and the effect of
the conduct on the health and safety of persons served by the individual or
entity.
(c)
The commissioner shall must suspend an individual's or entity's
participation in the program for a minimum of five years if the individual or
entity is convicted of a crime, received a stay of adjudication, or entered a
court-ordered diversion program for an offense related to a provision of a
health service under medical assistance, including a federally approved waiver,
or health care fraud.
(d) Regardless of imposition of sanctions, the commissioner may make a referral to the appropriate state licensing board.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 31. Minnesota Statutes 2024, section 256B.064, subdivision 1c, is amended to read:
Subd. 1c. Grounds for and methods of monetary recovery. (a) The commissioner may obtain monetary recovery from an individual or entity that has been improperly paid by the department either as a result of conduct described in subdivision 1a or as a result of an error by the individual or entity submitting the claim or by the department, regardless of whether the error was intentional. Patterns need not be proven as a precondition to monetary recovery of erroneous or false claims, duplicate claims, claims for services not medically necessary, or claims based on false statements.
(b) The commissioner may
obtain monetary recovery using methods including but not limited to the
following: assessing and recovering
money improperly paid and debiting from future payments any money improperly
paid. The commissioner shall must
charge interest on money to be recovered if the recovery is to be made by
installment payments or debits, except when the monetary recovery is of an
overpayment that resulted from a department error. The interest charged shall must
be the rate established by the commissioner of revenue under section 270C.40.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 32. Minnesota Statutes 2024, section 256B.064, subdivision 1d, is amended to read:
Subd. 1d. Investigative costs. (a) The commissioner may seek recovery of investigative costs from any individual or entity that willfully submits a claim for reimbursement for services that the individual or entity knows, or reasonably should have known, is a false representation and that results in the payment of public funds for which the individual or entity is ineligible.
(b) Billing errors
that result in unintentional overcharges shall are not be
grounds for investigative cost recoupment.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 33. Minnesota Statutes 2024, section 256B.064, subdivision 2, is amended to read:
Subd. 2. Imposition
of monetary recovery and sanctions; generally. (a) The commissioner shall must
determine any monetary amounts to be recovered and sanctions to be imposed upon
an individual or entity under this section.
Except as provided in paragraphs (b) and (d), neither subdivision
2c, the commissioner must not obtain a monetary recovery nor or
impose a sanction will be imposed by the commissioner without prior
notice and an opportunity for a hearing, according to chapter 14, on the
commissioner's proposed action, provided that the commissioner may suspend or
reduce payment to an individual or entity, except a nursing home or
convalescent care facility, after notice and prior to the hearing if in the
commissioner's opinion that action is necessary to protect the public welfare
and the interests of the program.
(b)
Except when the commissioner finds good cause not to suspend payments under
Code of Federal Regulations, title 42, section 455.23(e) or (f), the
commissioner shall withhold or reduce payments to an individual or entity
without providing advance notice of such withholding or reduction if either of
the following occurs:
(1) the individual or
entity is convicted of a crime involving the conduct described in subdivision
1a; or
(2) the commissioner
determines there is a credible allegation of fraud for which an investigation
is pending under the program. Allegations
are considered credible when they have an indicium of reliability and the state
agency has reviewed all allegations, facts, and evidence carefully and acts
judiciously on a case-by-case basis. A
credible allegation of fraud is an allegation which has been verified by the
state, from any source, including but not limited to:
(i) fraud hotline
complaints;
(ii) claims data mining;
and
(iii) patterns
identified through provider audits, civil false claims cases, and law
enforcement investigations.
(c) The commissioner
must send notice of the withholding or reduction of payments under paragraph
(b) within five days of taking such action unless requested in writing by a law
enforcement agency to temporarily withhold the notice. The notice must:
(1) state that payments
are being withheld according to paragraph (b);
(2) set forth the
general allegations as to the nature of the withholding action, but need not
disclose any specific information concerning an ongoing investigation;
(3) except in the case
of a conviction for conduct described in subdivision 1a, state that the
withholding is for a temporary period and cite the circumstances under which
withholding will be terminated;
(4) identify the types
of claims to which the withholding applies; and
(5) inform the
individual or entity of the right to submit written evidence for consideration
by the commissioner.
(d) The withholding or
reduction of payments will not continue after the commissioner determines there
is insufficient evidence of fraud by the individual or entity, or after legal
proceedings relating to the alleged fraud are completed, unless the commissioner
has sent notice of intention to impose monetary recovery or sanctions under
paragraph (a). Upon conviction for a
crime related to the provision, management, or administration of a health
service under medical assistance, a payment held pursuant to this section by
the commissioner or a managed care organization that contracts with the
commissioner under section 256B.035 is forfeited to the commissioner or managed
care organization, regardless of the amount charged in the criminal complaint
or the amount of criminal restitution ordered.
(e) The commissioner
shall suspend or terminate an individual's or entity's participation in the
program without providing advance notice and an opportunity for a hearing when
the suspension or termination is required because of the individual's or entity's
exclusion from participation in Medicare.
Within five days of taking such action, the commissioner must send
notice of the suspension or termination.
The notice must:
(1) state that
suspension or termination is the result of the individual's or entity's
exclusion from Medicare;
(2) identify the
effective date of the suspension or termination; and
(3)
inform the individual or entity of the need to be reinstated to Medicare before
reapplying for participation in the program.
(f) (b) Upon
receipt of a notice under paragraph (a) that a monetary recovery or sanction is
to be imposed, an individual or entity may request a contested case, as defined
in section 14.02, subdivision 3, by filing with the commissioner a written
request of appeal. The appeal request
must be received by the commissioner no later than 30 days after the date the
notification of monetary recovery or sanction was mailed to the individual or
entity. The appeal request must specify:
(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount involved for each disputed item;
(2) the computation that the individual or entity believes is correct;
(3) the authority in statute or rule upon which the individual or entity relies for each disputed item;
(4) the name and address of the person or entity with whom contacts may be made regarding the appeal; and
(5) other information required by the commissioner.
(g) The commissioner may
order an individual or entity to forfeit a fine for failure to fully document
services according to standards in this chapter and Minnesota Rules, chapter
9505. The commissioner may assess
fines if specific required components of documentation are missing. The fine for incomplete documentation shall
equal 20 percent of the amount paid on the claims for reimbursement submitted
by the individual or entity, or up to $5,000, whichever is less. If the commissioner determines that an individual
or entity repeatedly violated this chapter, chapter 254B or 245G,
or Minnesota Rules, chapter 9505, related to the provision of services
to program recipients and the submission of claims for payment, the
commissioner may order an individual or entity to forfeit a fine based on the
nature, severity, and chronicity of the violations, in an amount of up to
$5,000 or 20 percent of the value of the claims, whichever is greater.
(h) The individual or
entity shall pay the fine assessed on or before the payment date specified. If the individual or entity fails to pay the
fine, the commissioner may withhold or reduce payments and recover the amount
of the fine. A timely appeal shall stay
payment of the fine until the commissioner issues a final order.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 34. Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision to read:
Subd. 2a. Imposition
of fines. (a) The
commissioner may order an individual or entity to forfeit a fine for failure to
fully document services according to standards in this chapter and Minnesota
Rules, chapter 9505. The commissioner
may assess fines if specific required components of documentation are missing. The fine for incomplete documentation equals
20 percent of the amount paid on the claims for reimbursement submitted by the
individual or entity, or up to $5,000, whichever is less.
(b) If the commissioner
determines that an individual or entity repeatedly violated this chapter,
chapter 245G or 254B, or Minnesota Rules, chapter 9505, related to the
provision of services to program recipients and the submission of claims for
payment, the commissioner may order an individual or entity to forfeit a fine
based on the nature, severity, and chronicity of the violations, in an amount
of up to $5,000 or 20 percent of the value of the claims, whichever is greater.
(c)
The individual or entity must pay the fine assessed on or before the payment
date specified by the commissioner. If
the individual or entity fails to pay the fine, the commissioner may withhold
or reduce payments and recover the amount of the fine.
(d) A timely appeal
stays payment of the fine until the commissioner issues a final order.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 35. Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision to read:
Subd. 2b. Mandatory
suspension or termination after exclusion from participation in Medicare. (a) The commissioner must suspend or
terminate an individual's or entity's participation in the program without
providing advance notice and an opportunity for a hearing when the suspension
or termination is required because of the individual's or entity's exclusion
from participation in Medicare.
(b) Within five days of
taking an action under paragraph (a), the commissioner must send notice of the
suspension or termination to the individual or entity. The notice must:
(1) state that the
suspension or termination is the result of the individual's or entity's
exclusion from Medicare;
(2) identify the
effective date of the suspension or termination; and
(3) inform the
individual or entity of the need to be reinstated to Medicare before reapplying
for participation in the program.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 36. Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision to read:
Subd. 2c. Imposition
of withholding or reduction of payments without prior notice. (a) Except when the commissioner finds
good cause not to suspend payments under Code of Federal Regulations, title 42,
section 455.23(e) or (f), the commissioner must temporarily withhold or reduce
payments to an individual or entity without providing advance notice of the
withholding or reduction if either of the following occurs:
(1) the individual or
entity is convicted of a crime involving the conduct described in subdivision
1a; or
(2) the commissioner
determines there is a credible allegation of fraud for which an investigation
is pending under the program. Allegations
are considered credible when the allegations have indicia of reliability and
the commissioner has reviewed all allegations, facts, and evidence carefully
and acts judiciously on a case-by-case basis.
(b) A credible
allegation of fraud is an allegation that has been verified by the state from
any source, including but not limited to:
(1) fraud hotline
complaints;
(2) claims data mining;
(3) patterns identified
through provider audits, civil false claims cases, and law enforcement
investigations; and
(4)
court filings and other legal documents, including but not limited to police
reports, complaints, indictments, informations, affidavits, declarations, and
search warrants.
(c) The commissioner
must send notice of the withholding or reduction of payments under paragraph
(a) within five days of withholding or reducing payments unless requested in
writing by a law enforcement agency to temporarily withhold the notice. The notice must:
(1) state that payments
are being withheld or reduced according to paragraph (a);
(2) set forth the
allegations as to the nature of the withholding or reduction in a manner
reasonably calculated to provide notice, which must include but is not limited
to date ranges of suspected claims, locations of suspected service delivery,
and general nature of individual or entity conduct, but need not disclose
specific information that the commissioner determines is likely to jeopardize
an ongoing investigation;
(3) except in the case
of a conviction for conduct described in subdivision 1a, state that the
withholding or reduction is for a temporary period and cite the circumstances
under which withholding or reduction will be terminated;
(4) identify the types
of claims to which the withholding or reduction applies; and
(5) inform the
individual or entity of the right to submit written evidence for consideration
by the commissioner.
(d) The commissioner
must immediately cease to withhold or reduce payments under this subdivision
and must release the withheld or reduced payments no later than ten days
following the earlier of the commissioner's determination that there is
insufficient evidence of fraud by the individual or entity, or legal
proceedings relating to the alleged fraud are completed, unless the
commissioner has sent notice of intention to impose monetary recovery or
sanctions.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 37. Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision to read:
Subd. 2d. Administrative
review of temporary payment withhold or reduction. (a) Upon receipt of a notice under
subdivision 2c, paragraph (c), that a payment withhold or reduction is imposed,
an individual or entity may request a review under paragraph (c) by filing with
the commissioner a written request for an administrative review. The review request must be received by the
commissioner no later than 30 days after the date the notification of the
payment withhold or reduction was mailed to the individual or entity. The review request must specify the reason
the payment withholding or reduction decision is in error and clearly request a
review. The commissioner must refer the
review request to the Court of Administrative Hearings within ten business days
of receiving the review request.
(b) The costs for the
review under paragraph (c) must be borne equally by both parties.
(c) The burden of proof
upon review of a temporary withhold or reduction is limited to whether the
commissioner can establish that there is a credible allegation of fraud as
provided in subdivision 2c, paragraph (a), clause (2). The administrative law judge's recommendation
to the commissioner must not make findings on the veracity of the underlying
allegations of fraud, as the underlying investigation remains ongoing and
underlying facts may be litigated in future administrative, civil, or criminal
proceedings after the commissioner issues a final decision.
(d) To
protect the integrity of the ongoing investigation, the commissioner must
submit evidence to support the action to the administrative law judge under
seal. The individual or entity may
submit evidence to the administrative law judge that supports the position of
the individual or entity that the payment withholding or reduction decision is
in error. The administrative law judge
must review the evidence in camera. The
commissioner must not be subject to discovery by the individual or entity
during the proceedings.
(e) The commissioner must
provide notice to the individual or entity within ten business days of the
administrative law judge's completed recommendation. The notice must state that the review process
under this subdivision is complete and must include whether the administrative
law judge found that the commissioner established there was a credible
allegation of fraud.
(f) The administrative
law judge's findings of facts, conclusions of law, and recommendation as to
whether there is a credible allegation of fraud must not be used or considered
for any other purpose, including impeachment, in any civil, criminal, administrative,
or contractual proceeding. The
administrative law judge's findings of facts, conclusions of law, and
recommendation must not be held conclusive or binding or used as evidence in
any separate or subsequent action in any other forum, be it contractual,
administrative, or judicial, regardless of whether the action involves the same
or related parties or involves the same facts.
Sec. 38. Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision to read:
Subd. 2e. Withholding
or reduction of payments; review. If
a payment withhold or reduction under subdivision 2c remains in effect after 90
days, the commissioner must submit evidence to an administrative law judge
under seal for the administrative law judge to determine whether the
commissioner or a law enforcement agency is actively pursuing an investigation
under this section. The administrative
law judge must review the evidence in camera and provide a recommendation to
the commissioner regarding continuing the withholding or reduction. The recommendation of the administrative law
judge is advisory and the commissioner's decision to continue a withholding is
final and not subject to appeal or reduction.
The review under this subdivision must occur every 90 days for each
payment withhold or reduction that is in effect. The commissioner must provide a notice to the
individual or entity subject to the payment withhold or reduction within ten
business days of the completion of each review under this subdivision. The notice must include the administrative
law judge's recommendation.
Sec. 39. Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision to read:
Subd. 2f. Judicial
review. The administrative
law judge's findings of facts, conclusions of law, and recommendations under
subdivisions 2d and 2e are not subject to judicial review.
Sec. 40. Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision to read:
Subd. 2g. Forfeiture
of withheld payments upon criminal conviction. Upon conviction of a crime related to
the provision, management, or administration of a health service under medical
assistance, a payment withheld pursuant to this section by the commissioner or
a managed care organization that contracts with the commissioner under section
256B.035 is forfeited to the commissioner or managed care organization,
regardless of the amount charged in the criminal complaint or the amount of
criminal restitution ordered.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 41. Minnesota Statutes 2024, section 256B.064, subdivision 3, is amended to read:
Subd. 3. Mandates
on prohibited payments. (a) The
commissioner shall must maintain and publish a list of each
excluded individual and entity that was convicted of a crime related to the
provision, management, or administration of a medical assistance health
service, or suspended or terminated under subdivision 2 this section. Medical assistance payments cannot be made by
an individual or entity for items or services furnished either directly or
indirectly by an excluded individual or entity, or at the direction of excluded
individuals or entities.
(c) An entity's requirement to check the exclusion list and to terminate payments to individuals or entities on the exclusion list applies to each individual or entity on the exclusion list, even if the named individual or entity is not responsible for direct patient care or direct submission of a claim to medical assistance.
(d) An entity that pays medical assistance program funds to an individual or entity on the exclusion list must refund any payment related to either items or services rendered by an individual or entity on the exclusion list from the date the individual or entity is first paid or the date the individual or entity is placed on the exclusion list, whichever is later, and an entity may be subject to:
(1) sanctions under subdivision
2 this section;
(2) a civil monetary penalty of up to $25,000 for each determination by the department that the vendor employed or contracted with an individual or entity on the exclusion list; and
(3) other fines or penalties allowed by law.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 42. Minnesota Statutes 2024, section 256B.064, subdivision 4, is amended to read:
Subd. 4. Notice. (a) The department shall must
serve the notice required under subdivision 2 this section using
a signature-verified confirmed delivery method to the address submitted to the
department by the individual or entity. Service
is complete upon mailing.
(b) The department shall
must give notice in writing to a recipient placed in the Minnesota
restricted recipient program under section 256B.0646 and Minnesota Rules, part
9505.2200. The department shall must
send the notice by first class mail to the recipient's current address on file
with the department. A recipient placed
in the Minnesota restricted recipient program may contest the placement by
submitting a written request for a hearing to the department within 90 days of
the notice being mailed.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 43. Minnesota Statutes 2024, section 256B.064, subdivision 5, is amended to read:
Subd. 5. Immunity; good faith reporters. (a) A person who makes a good faith report is immune from any civil or criminal liability that might otherwise arise from reporting or participating in the investigation. Nothing in this subdivision affects an individual's or entity's responsibility for an overpayment established under this subdivision.
(b) A person employed by a lead investigative agency who is conducting or supervising an investigation or enforcing the law according to the applicable law or rule is immune from any civil or criminal liability that might otherwise arise from the person's actions, if the person is acting in good faith and exercising due care.
(c) For purposes of this subdivision, "person" includes a natural person or any form of a business or legal entity.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 44. Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision to read:
Subd. 6. Application. This section supersedes any
inconsistent or contrary provision of law.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 45. Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision to read:
Subd. 8. Coordination
with law enforcement. When a
temporary withholding or reduction of payments under subdivision 2c involves
potential criminal conduct, the commissioner must coordinate with appropriate
law enforcement authorities, including the Minnesota attorney general's
Medicaid Fraud Control Unit, and may consult with state or federal
investigative agencies as necessary.
Sec. 46. [256B.0647]
REMITTANCE ADVICE MONETARY RECOVERY.
(a) The commissioner may
use the remittance advice process under Code of Federal Regulations, title 45,
part 162.1601, as the notice to a vendor or provider when seeking monetary
recovery using a department-administered information technology system for programmatically
processed claims. The remittance advice
must be delivered electronically and constitutes the sole notice to the
provider. The commissioner must withhold
the payments at issue when using the remittance advice as the notice.
(b) Providers may seek
reconsideration of a remittance under this section by mailing a request to the
commissioner. The reconsideration
request must be received no later than 30 calendar days from the posting of the
remittance advice. A request for
reconsideration does not stay the withholding of payments. The commissioner's disposition of a request
for reconsideration is final and not subject to appeal under chapter 14. The request for reconsideration must include:
(1) each disputed item,
the reason for the dispute, and an estimate of the dollar amount involved for
each disputed item;
(2) the calculation that
the individual or entity believes is correct;
(3) the authority in
statute or rule upon which the individual or entity relies for each disputed
item;
(4) the name and address
of the person or entity with whom contacts may be made regarding the appeal;
and
(5) other information
required by the commissioner.
(c) The commissioner may
not use the remittance advice process as notice required under section
256B.064.
Subd. 9. Provider qualifications and duties. A provider is eligible for reimbursement under this section only if the provider:
(1) is confirmed by the commissioner as an eligible provider after a pre-enrollment risk assessment under subdivision 10;
(2) is enrolled as a medical assistance Minnesota health care program provider and meets all applicable provider standards and requirements;
(3) demonstrates compliance with federal and state laws and policies for recuperative care services as determined by the commissioner;
(4) complies with background study requirements under chapter 245C and maintains documentation of background study requests and results;
(5) provides at the time of enrollment, reenrollment, and revalidation in a format determined by the commissioner, proof of surety bond coverage for each business location providing services. Upon new enrollment, or if the provider's medical assistance revenue in the previous calendar year is $300,000 or less, the provider agency must purchase a surety bond of $50,000. If the provider's medical assistance revenue in the previous year is over $300,000, the provider agency must purchase a surety bond of $100,000. The surety bond must be in a form approved by the commissioner, must be renewed annually, and must allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions from a surety bond must occur within six years from the date the debt is affirmed by a final agency decision. An agency decision is final when the right to appeal the debt has been exhausted or the time to appeal has expired under section 256B.064;
(6) ensures all controlling individuals and employees of the agency complete annual vulnerable adult training;
(7) completes compliance
training as required under section 256B.0446, subdivision 11 2;
and
(8) complies with the habitability inspection requirements in subdivision 13.
Sec. 48. Minnesota Statutes 2024, section 256B.076, subdivision 1, is amended to read:
Subdivision 1. Generally. (a) It is the policy of this state to ensure that individuals on medical assistance receive cost-effective and coordinated care, including efforts to address the profound effects of housing instability, food insecurity, and other social determinants of health. Therefore, subject to federal approval, medical assistance covers targeted case management services as described in this section and sections 245.4711; 245.4881; 256B.0625, subdivisions 20 to 20b; 256B.0924; 256B.094; and 256F.10.
(b) The commissioner, in collaboration with Tribes, counties, providers, and individuals served, must propose further modifications to targeted case management services to ensure a program that complies with all federal requirements, delivers services in a cost-effective and efficient manner, creates uniform expectations for targeted case management services, addresses health disparities, and promotes person- and family-centered services.
(c) The commissioner may
suspend, reduce, or terminate the reimbursement to a provider that does not
meet the requirements of this section or section 245.4711; 245.4881; 256B.0625,
subdivisions 20 and 20b; 256B.0924; 256B.094; or 256F.10. The county of financial responsibility, as
determined under chapter 256G or, if applicable, the Tribal agency, is
responsible for any federal disallowances.
The county or Tribal agency may share the financial responsibility with
the county's or Tribal agency's contracted vendors.
Subd. 5. County-provided
fee-for-service rate setting and reconciliation. (a) Effective January 1 of the
implementation year determined in the joint governance agreement under
subdivision 6, or upon federal approval, whichever is later, the commissioner
must pay targeted case management services for which counties provide the nonfederal
share of money and county staff provide the services on a fee-for-service basis
according to the cost-based payment methodology in this subdivision and
consistent with the federal regulations related to certified public
expenditures. To receive federal
reimbursement for these services, a county providing eligible targeted case
management services must complete a federally approved cost report in
accordance with section 256.01, subdivision 2, paragraph (o).
(b) The commissioner must reimburse submitted claims based on an interim rate and must determine a final rate on a calendar-year basis following completion of a cost report reconciliation. The commissioner must notify counties of the final rate and post final rates publicly.
(c) To appeal a final
rate determined by the commissioner under paragraph (b), a county must submit a
written appeal request to the commissioner within 60 days after the date the
commissioner issued the final rate determination. The appeal request must specify the disputed
items and the name and address of the person to contact regarding the appeal.
(d) The payment
methodology under this section must only be used to reimburse allowable medical
assistance costs. The county of
financial responsibility, as determined under chapter 256G, is responsible for
any federal disallowances.
(e) Upon implementation,
the commissioner must base interim rates on data from the testing period. The commissioner must base subsequent interim
rates for a calendar year on the most recently completed reconciliation. The commissioner must notify counties of the
interim rate by June 30 each year and post interim rates publicly. If the commissioner is unable to notify the
counties by June 30, the commissioner must notify each county in writing no
later than June 30 that the new interim rate is delayed and must provide an
estimate of when the new interim rate will be available.
(f) Payments to counties for targeted case management expenditures under this section must be made only from federal earnings from services provided under this section.
(g) Counties must submit all claims for targeted case management services described in this section using a 15‑minute unit.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 50. Minnesota Statutes 2024, section 256B.076, is amended by adding a subdivision to read:
Subd. 6. Testing
and implementation. The
commissioners of human services and children, youth, and families; the
Association of Minnesota Counties (AMC); and the Minnesota Association of
County Social Service Administrators (MACSSA) must collaborate to establish a
joint governance agreement. The joint
governance agreement must:
(1) establish system
functionality requirements to (i) meet the business needs of local agencies
providing targeted case management services and (ii) comply with applicable
state and federal regulations for the Social Services Information System
(SSIS), SSIS's replacement, and adjacent systems and the targeted case
management cost report under subdivision 5;
(2)
establish a schedule for transition planning, including but not limited to
fiscal impact assessment and training; and
(3) specify that the rate method
established in subdivision 5 must not be implemented without both the
completion of a required testing period of 12 calendar months and the express
approval by the commissioners of human services and children, youth, and families;
AMC; and MACSSA.
Sec. 51. Minnesota Statutes 2024, section 256B.076, is amended by adding a subdivision to read:
Subd. 7. Managed
care plan units and rates for mental health targeted case management. The commissioner must ensure that the
prepaid health plans providing covered health services for eligible persons
pursuant to this chapter and section 256L.03, subdivisions 1a and 1b, reimburse
counties at a rate that is at least equal to the fee-for-service rate described
in subdivision 5 for targeted case management services provided to Minnesota
health care program (MHCP) health plan enrollees covered by medical assistance. If, for any contract year, federal approval
is not received for this subdivision, the commissioner must adjust the
capitation rates paid to managed care plans and county-based purchasing plans
for that contract year to reflect the removal of this subdivision. Contracts between managed care plans and
county-based purchasing plans and providers to whom this subdivision applies
must allow recovery of payments from those providers if capitation rates are
adjusted in accordance with this subdivision.
Payment recoveries must not exceed the amount equal to any increase in
rates that results from this subdivision.
This subdivision expires if federal approval is not received for this
subdivision at any time. This
subdivision does not obligate MHCP health plans to contract with counties for
the provision of targeted case management services.
Sec. 52. Minnesota Statutes 2024, section 256B.076, is amended by adding a subdivision to read:
Subd. 8. Targeted
case management gap funding. (a)
For purposes of this subdivision, "unacceptable loss" means when a
county's finalized amount of targeted case management federal reimbursement
following the commissioner's reconciliation for a calendar year for targeted
case management under subdivision 5 is less than 90 percent of the average
federal reimbursement received by that county during the base calendar years
determined in paragraph (c).
(b) The commissioner must pay targeted
case management gap funding in the amount and time frame specified in paragraph
(c) to an individual county for calendar years in which the county experiences
an unacceptable loss.
(c) The base calendar years are the three
calendar years immediately before the testing period of 12 calendar months
determined under subdivision 6. In
consultation with the county that experienced the unacceptable loss, the
commissioner must make appropriate adjustments to base year amounts as needed
to prevent the base amounts from being unduly influenced by onetime events,
anomalies, or small changes that appear large compared to a narrow historical
base. The commissioner must not make
adjustments to the eight county human services agencies that received the
greatest amount of targeted case management federal reimbursement during the
base calendar years. For agencies other
than the eight county human services agencies that received the greatest
amount, the total of all adjustments for a given calendar year must not exceed
two percent of statewide federal targeted case management federal reimbursement
that calendar year.
(d) The commissioner must pay targeted
case management gap funding to the applicable county in an amount equaling the
difference between the finalized amount of targeted case management federal
reimbursement after reconciliation for that calendar year and 90 percent of the
average federal reimbursement received by that county during the base calendar
years, including any adjustments under paragraph (c). The commissioner must pay the county within
90 days of completing the reconciliation under subdivision 5.
(e) Targeted case management gap funding
is a forecasted program under section 16A.11.
Subd. 6. Payment
for targeted case management. (a) Medical
assistance and MinnesotaCare payment for targeted case management shall be made
on a monthly basis. In order to receive
payment for an eligible adult, The provider must document at least one
contact per month and not more than two consecutive months without a face‑to‑face
meet the contact either in person or requirements under
section 256B.094, subdivision 6. Contact
by interactive video that meets must meet the requirements in
section 256B.0625, subdivision 20b, with the adult or the adult's legal
representative, family, primary caregiver, or other relevant persons person
identified as necessary to the development or implementation of the goals of
the personal service plan.
(b) Except as provided under
paragraph (m), payment for targeted case management provided by county staff
under this subdivision shall must be based on the monthly
rate methodology under section 256B.094, subdivision 6, paragraph (b),
calculated as one combined average rate together with adult mental health case
management under section 256B.0625, subdivision 20 established in
section 256B.076, subdivisions 5 and 7.
Billing and payment must identify the recipient's primary population
group to allow tracking of revenues.
(c) Payment for targeted case management provided by county-contracted vendors shall be based on a monthly rate calculated in accordance with section 256B.076, subdivision 2. Payment for case management provided by vendors who contract with a Tribe must be made in accordance with Indian Health Service facility requirements. If a Tribe chooses to contract with a vendor receiving payment not through an Indian Health Service facility, the rate must be based on a monthly rate negotiated by the Tribe. The rate must not exceed the rate charged by the vendor for the same service to other payers. If the service is provided by a team of contracted vendors, the team shall determine how to distribute the rate among its members. No reimbursement received by contracted vendors shall be returned to the county or Tribe, except to reimburse the county or Tribe for advance funding provided by the county or Tribe to the vendor.
(d) If the service is provided by a team that includes any combination of contracted vendors, county staff, and Tribal staff, the costs for county staff participation on the team shall be included in the rate for county-provided services. In this case, the contracted vendor and the county and Tribal case managers may each receive separate payment for services provided by each entity in the same month. In order to prevent duplication of services, each entity must document the need for team targeted case management and a description of the different roles of staff.
(e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for targeted case management shall be provided by the recipient's county of responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds used to match other federal funds. If the service is provided by a Tribal agency, the recipient's Tribe must provide the nonfederal share of costs, if any.
(f) The commissioner may suspend, reduce, or terminate reimbursement to a provider that does not meet the reporting or other requirements of this section. The county of responsibility, as defined in sections 256G.01 to 256G.12, or Tribe when applicable, is responsible for any federal disallowances. The county may share this responsibility with its contracted vendors.
(g) The commissioner shall set aside five percent of the federal funds received under this section for use in reimbursing the state for costs of developing and implementing this section.
(h) Payments to counties and Tribes for targeted case management expenditures under this section shall only be made from federal earnings from services provided under this section. Payments to contracted vendors shall include both the federal earnings and the county share.
(j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital, and the recipient's institutional care is paid by medical assistance, payment for targeted case management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the recipient's residency in that facility; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(k) Payment for targeted case management services under this subdivision shall not duplicate payments made under other program authorities for the same purpose.
(l) Any growth in targeted case management services and cost increases under this section shall be the responsibility of the counties or Tribes.
(m) The commissioner may make payments for Tribes according to section 256B.0625, subdivision 34, or other relevant federally approved rate setting methodologies for vulnerable adult and developmental disability targeted case management provided by Indian health services and facilities operated by a Tribe or Tribal organization.
Sec. 54. Minnesota Statutes 2024, section 256B.094, subdivision 2, is amended to read:
Subd. 2. Eligible services. Services eligible for medical assistance reimbursement include:
(1) assessment of the recipient's need for case management services to gain access to available medical, social, educational, economic support, and other related services;
(2) development, completion, and regular review of a written individual service plan based on the assessment of need for case management services to ensure access to available medical, social, educational, economic support, and other related services;
(3) routine contact or other communication with the client, the client's family, primary caregiver, legal representative, substitute care provider, service providers, or other relevant persons identified as necessary to the development or implementation of the goals of the individual service plan, regarding the status of the client, the individual service plan, or the goals for the client, exclusive of transportation of the child;
(4) coordinating referrals for, and the provision of, case management services for the client with appropriate service providers, consistent with section 1902(a)(23) of the Social Security Act;
(5) coordinating and monitoring the overall service delivery to ensure quality of services;
(6) monitoring and evaluating services on a regular basis to ensure appropriateness and continued need based on the child's and family's or caregiver's current circumstances;
(7) completing and maintaining necessary documentation that supports and verifies the activities in this subdivision;
(9) coordinating with the medical assistance facility discharge planner in the 30-day period before the client's discharge into the community. This case management service provided to patients or residents in a medical assistance facility is limited to a maximum of two 30-day periods per calendar year.
Sec. 55. Minnesota Statutes 2024, section 256B.094, subdivision 3, is amended to read:
Subd. 3. Coordination
and provision of services. (a) In a
county or reservation where a prepaid medical assistance provider managed
care organization (MCO) or county-based purchasing (CBP) plan has
contracted under section 256B.69 to provide medical and mental health
services, the case management provider shall coordinate with the prepaid
provider MCO or CBP plan to ensure that all necessary medical and
mental health services required under the contract are provided to recipients
of case management services.
(b) When the case
management provider determines that a prepaid provider is not providing mental
health services as required under the contract, the case management provider
shall assist the recipient to appeal the prepaid provider's denial pursuant to
section 256.045, and may make other arrangements for provision of the covered
services.
(c) The case management
provider may bill the provider of prepaid health care services for any mental
health services provided to a recipient of case management services which the
county or tribal social services arranges for or provides and which are included
in the prepaid provider's contract, and which were determined to be medically
necessary as a result of an appeal pursuant to section 256.045. The prepaid provider must reimburse the
mental health provider, at the prepaid provider's standard rate for that
service, for any services delivered under this subdivision.
(b) Child welfare
targeted case management is carved out of Minnesota health care programs
managed care contracts. The case
management provider must assist the recipient to ensure access to all medically
necessary services listed in section 256B.0625, whether delivered on a
fee-for-service basis or by a MCO or CBP plan.
(d) (c) If the
county or Tribal social services has not obtained prior authorization for this
service, or an appeal results in a determination that the services were not
medically necessary, the county or Tribal social services may not seek
reimbursement from the prepaid provider.
Sec. 56. Minnesota Statutes 2024, section 256B.094, subdivision 6, is amended to read:
Subd. 6. Medical
assistance reimbursement of case management services. (a) Medical assistance reimbursement for
services under this section shall must be made on a monthly
basis in accordance with section 256B.076. Payment is based on face-to-face contacts
either in person or by interactive video, or telephone contacts between the
case manager and the client, client's family, primary caregiver, legal
representative, or other relevant person identified as necessary to the
development or implementation of the goals of the individual service plan
regarding the status of the client, the individual service plan, or the goals
for the client. These contacts must meet
the following requirements:
(1) there must be a face-to-face contact either in person or by interactive video that meets the requirements of section 256B.0625, subdivision 20b, at least once a month except as provided in clause (2); and
(2) for a client placed outside of the county of financial responsibility, or a client served by Tribal social services placed outside the reservation, in an excluded time facility under section 256G.02, subdivision 6, or through the Interstate Compact for the Placement of Children, section 260.93, and the placement in either case is more than 60 miles beyond the county or reservation boundaries, there must be at least one contact per month and not more than two consecutive months without a face-to-face, in-person contact.
(b)
Except as provided under paragraph (c), the payment rate is established using
time study data on activities of provider service staff and reports required
under sections 245.482 and 256.01, subdivision 2, paragraph (o).
(c) (b) Payments
for Tribes may be made according to section 256B.0625 or other relevant
federally approved rate setting methodology for child welfare targeted case
management provided by Indian health services and facilities operated by a
Tribe or Tribal organization.
(d) (c) Payment
for case management provided by county contracted vendors must be calculated in
accordance with section 256B.076, subdivision 2. Payment for case management provided by
vendors who contract with a Tribe must be based on a monthly rate negotiated by
the Tribe. The rate must not exceed the
rate charged by the vendor for the same service to other payers. If the service is provided by a team of
contracted vendors, the team shall determine how to distribute the rate among
its members. No reimbursement
received by contracted vendors shall be returned to the county or Tribal social
services, except to reimburse the county or Tribal social services for advance
funding provided by the county or Tribal social services to the vendor.
(e) (d) If
the service is provided by a team that includes contracted vendors and county
or Tribal social services staff, the costs for county or Tribal social services
staff participation in the team shall be included in the rate for county or
Tribal social services provided services.
In this case, the contracted vendor and the county or Tribal social
services may each receive separate payment for services provided by each entity
in the same month. To prevent
duplication of services, each entity must document, in the recipient's file,
the need for team case management and a description of the roles and services
of the team members.
Separate payment rates
may be established for different groups of providers to maximize reimbursement
as determined by the commissioner. The
payment rate will be reviewed annually and revised periodically to be
consistent with the most recent time study and other data. Payment for services will be made upon
submission of a valid claim and verification of proper documentation described
in subdivision 7. Federal administrative
revenue earned through the time study, or under paragraph (c), shall be
distributed according to earnings, to counties, reservations, or groups of
counties or reservations which have the same payment rate under this
subdivision, and to the group of counties or reservations which are not
certified providers under section 256F.10.
The commissioner shall modify the requirements set out in Minnesota
Rules, parts 9550.0300 to 9550.0370, as necessary to accomplish this.
Sec. 57. Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 16, as amended by Laws 2026, chapter 95, article 4, section 24, is amended to read:
Subd. 16. Agency duties. (a) An agency delivering an EIDBI service under this section must:
(1) enroll as a medical
assistance Minnesota health care program provider according to Minnesota Rules,
part 9505.0195, and section 256B.04, subdivision 21, sections
256B.044 to 256B.0448 and meet all applicable provider standards and
requirements;
(2) designate an individual
as the agency's compliance officer who must perform the duties described in
section 256B.04, subdivision 21, paragraph (g) 256B.044, subdivision
8, paragraph (b);
(3) demonstrate compliance with federal and state laws for the delivery of and billing for EIDBI service;
(4) verify and maintain records of a service provided to the person or the person's legal representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
(6) have established business practices including written policies and procedures, internal controls, and a system that demonstrates the organization's ability to deliver quality EIDBI services, appropriately submit claims, conduct required staff training, document staff qualifications, document service activities, and document service quality;
(7) have an office located in Minnesota or a border state;
(8) initiate a background study as required under subdivision 16a;
(9) report maltreatment according to section 626.557 and chapter 260E;
(10) comply with any data requests consistent with the Minnesota Government Data Practices Act, sections 256B.064 and 256B.27;
(11) provide training for all agency staff on the requirements and responsibilities listed in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection Act, section 626.557, including mandated and voluntary reporting, nonretaliation, and the agency's policy for all staff on how to report suspected abuse and neglect;
(12) have a written policy to resolve issues collaboratively with the person and the person's legal representative when possible. The policy must include a timeline for when the person and the person's legal representative will be notified about issues that arise in the provision of services;
(13) provide the person's legal representative with prompt notification if the person is injured while being served by the agency. An incident report must be completed by the agency staff member in charge of the person. A copy of all incident and injury reports must remain on file at the agency for at least five years from the report of the incident;
(14) before starting a service, provide the person or the person's legal representative a description of the treatment modality that the person shall receive, including the staffing certification levels and training of the staff who shall provide a treatment;
(15) provide clinical supervision for a minimum of one hour for every 16 hours of direct treatment per person, unless otherwise authorized in the person's individual treatment plan; and
(16) provide the required EIDBI intervention observation and direction by a QSP at least once per month. Notwithstanding subdivision 13, paragraph (l), required EIDBI intervention observation and direction under this clause may be conducted via telehealth provided that no more than two consecutive monthly required EIDBI intervention observation and direction sessions under this clause are conducted via telehealth.
(b) Upon request of the commissioner, an agency delivering services under this section must:
(1) identify the agency's controlling individuals, as defined under section 245A.02, subdivision 5a;
(2) provide disclosures of the use of billing agencies and other
consultants who do not provide EIDBI services; and
(c) When delivering the ITP, and annually thereafter, an agency must provide the person or the person's legal representative with:
(1) a written copy and a verbal explanation of the person's or person's legal representative's rights and the agency's responsibilities;
(2) documentation in the person's file the date that the person or the person's legal representative received a copy and explanation of the person's or person's legal representative's rights and the agency's responsibilities; and
(3) reasonable accommodations to provide the information in another format or language as needed to facilitate understanding of the person's or person's legal representative's rights and the agency's responsibilities.
Sec. 58. Minnesota Statutes 2024, section 256B.0949, subdivision 17, is amended to read:
Subd. 17. Provider shortage; authority for exceptions. (a) In consultation with the Early Intensive Developmental and Behavioral Intervention Advisory Council and stakeholders, including agencies, professionals, parents of people with ASD or a related condition, and advocacy organizations, the commissioner shall determine if a shortage of EIDBI providers exists. For the purposes of this subdivision, "shortage of EIDBI providers" means a lack of availability of providers who meet the EIDBI provider qualification requirements under subdivision 15 that results in the delay of access to timely services under this section, or that significantly impairs the ability of a provider agency to have sufficient providers to meet the requirements of this section. The commissioner shall consider geographic factors when determining the prevalence of a shortage. The commissioner may determine that a shortage exists only in a specific region of the state, multiple regions of the state, or statewide. The commissioner shall also consider the availability of various types of treatment modalities covered under this section.
(b) The commissioner, in consultation with the Early Intensive Developmental and Behavioral Intervention Advisory Council and stakeholders, must establish processes and criteria for granting an exception under this paragraph. The commissioner may grant an exception only if the exception would not compromise a person's safety and not diminish the effectiveness of the treatment. The commissioner may establish an expiration date for an exception granted under this paragraph. The commissioner may grant an exception for the following:
(1) EIDBI provider qualifications under this section;
(2) medical assistance
provider enrollment requirements under section 256B.04, subdivision 21 sections
256B.044 to 256B.0448; or
(3) EIDBI provider or agency standards or requirements.
(c) If the commissioner, in consultation with the Early Intensive Developmental and Behavioral Intervention Advisory Council and stakeholders, determines that a shortage no longer exists, the commissioner must submit a notice that a shortage no longer exists to the chairs and ranking minority members of the senate and the house of representatives committees with jurisdiction over health and human services. The commissioner must post the notice for public comment for 30 days. The commissioner shall consider public comments before submitting to the legislature a request to end the shortage declaration. The commissioner shall not declare the shortage of EIDBI providers ended without direction from the legislature to declare it ended.
Subd. 5a. Managed care contracts. (a) Managed care contracts under this section and section 256L.12 shall be entered into or renewed on a calendar year basis. The commissioner may issue separate contracts with requirements specific to services to medical assistance recipients age 65 and older.
(b) A prepaid health plan providing covered health services for eligible persons pursuant to chapters 256B and 256L is responsible for complying with the terms of its contract with the commissioner. Requirements applicable to managed care programs under chapters 256B and 256L established after the effective date of a contract with the commissioner take effect when the contract is next issued or renewed.
(c) The commissioner shall withhold five percent of managed care plan payments under this section and county‑based purchasing plan payments under section 256B.692 for the prepaid medical assistance program pending completion of performance targets. Each performance target must be quantifiable, objective, measurable, and reasonably attainable, except in the case of a performance target based on a federal or state law or rule. Criteria for assessment of each performance target must be outlined in writing prior to the contract effective date. Clinical or utilization performance targets and their related criteria must consider evidence-based research and reasonable interventions when available or applicable to the populations served, and must be developed with input from external clinical experts and stakeholders, including managed care plans, county-based purchasing plans, and providers. The managed care or county-based purchasing plan must demonstrate, to the commissioner's satisfaction, that the data submitted regarding attainment of the performance target is accurate. The commissioner shall periodically change the administrative measures used as performance targets in order to improve plan performance across a broader range of administrative services. The performance targets must include measurement of plan efforts to contain spending on health care services and administrative activities. The commissioner may adopt plan‑specific performance targets that take into account factors affecting only one plan, including characteristics of the plan's enrollee population. The withheld funds must be returned no sooner than July of the following year if performance targets in the contract are achieved. The commissioner may exclude special demonstration projects under subdivision 23.
(d) The commissioner shall require that managed care plans:
(1) use the assessment and authorization processes, forms, timelines, standards, documentation, and data reporting requirements, protocols, billing processes, and policies consistent with medical assistance fee-for-service or the Department of Human Services contract requirements for all personal care assistance services under section 256B.0659 and community first services and supports under section 256B.85;
(2) by January 30 of each
year that follows a rate increase for any aspect of services under section
256B.0659 or 256B.85, inform the commissioner and the chairs and ranking
minority members of the legislative committees with jurisdiction over rates
determined under section 256B.851 of the amount of the rate increase that is
paid to each personal care assistance provider agency with which the plan has a
contract; and
(3) use a six-month timely
filing standard and provide an exemption to the timely filing timeliness for
the resubmission of claims where there has been a denial, request for more
information, or system issue.;
(4) have in place a
prepayment review process for all claims that includes claims edit processing
and policies consistent with the procedures under section 256B.0447; and
(5) publish metrics
related to program integrity actions and outcomes on a publicly available
website.
(f) Effective for services rendered on or after January 1, 2014, the commissioner shall withhold three percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program. The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year. The commissioner may exclude special demonstration projects under subdivision 23.
(g) A managed care plan or a county-based purchasing plan under section 256B.692 may include as admitted assets under section 62D.044 any amount withheld under this section that is reasonably expected to be returned.
(h) Contracts between the commissioner and a prepaid health plan are exempt from the set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a), and 7.
(i) The return of the withhold under paragraphs (e) and (f) is not subject to the requirements of paragraph (c).
(j) Managed care plans and county-based purchasing plans shall maintain current and fully executed agreements for all subcontractors, including bargaining groups, for administrative services that are expensed to the state's public health care programs. Subcontractor agreements determined to be material, as defined by the commissioner after taking into account state contracting and relevant statutory requirements, must be in the form of a written instrument or electronic document containing the elements of offer, acceptance, consideration, payment terms, scope, duration of the contract, and how the subcontractor services relate to state public health care programs. Upon request, the commissioner shall have access to all subcontractor documentation under this paragraph. Nothing in this paragraph shall allow release of information that is nonpublic data pursuant to section 13.02.
(k) The commissioner has
the right to recover from a managed care plan the full monetary amount of any
claims identified as improperly paid during audits or investigations by the
commissioner or the commissioner's contractors or the Centers for Medicare and
Medicaid Services.
Sec. 60. Minnesota Statutes 2024, section 256B.69, is amended by adding a subdivision to read:
Subd. 10a. Data
sharing for program integrity. If
the commissioner receives a written report from a managed care plan that has
reason to believe that a provider, vendor, managed care employee,
subcontractor, or enrollee committed fraud under this chapter or chapter 256L,
the commissioner must provide summary data, as defined in section 13.02,
subdivision 19, from the report to other managed care plans contracted under
this section within ten days of receiving the report. Nothing in this subdivision allows release of
information that is nonpublic data pursuant to section 13.02, subdivision 9.
Sec. 61. Minnesota Statutes 2024, section 256B.69, subdivision 37, is amended to read:
Subd. 37. Networks. (a) The commissioner shall ensure that a managed care organization's network providers are enrolled with the commissioner as medical assistance providers, and that the providers comply with the provider disclosure, screening, and enrollment requirements in Code of Federal Regulations, part 42, section 455. A provider that has a network provider contract with the managed care organization is not required to provide services to a medical assistance or MinnesotaCare recipient who is receiving services through the fee-for-service system.
(c) For purposes of this subdivision, "network provider" means any provider, group of providers, entity with a network provider agreement with the managed care organization, or subcontractor that receives payments from the managed care organization either directly or indirectly to provide services under a managed care contract between the commissioner and the managed care organization.
(d) A managed care
organization is not required to include a provider in its network before
approving the provider's credentials in accordance with section 62Q.097.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 62. Laws 2025, First Special Session chapter 3, article 8, section 43, the effective date, is amended to read:
EFFECTIVE DATE. Paragraph
(b) is effective July 1, 2026, for medical assistance fee-for-service and
January 1, 2027, for prepaid medical assistance upon implementation of
the administrator under Minnesota Statutes, section 256B.0625, subdivision 18i. The commissioner of human services must
notify the revisor of statutes when the administrator under Minnesota Statutes,
section 256B.0625, subdivision 18i, is implemented. Paragraph (c) is effective on the latest of
the following: (1) January 1, 2026; (2)
federal approval of the medical assistance program changes in this section; (3)
federal approval of the amendments in this act to Minnesota Statutes, section
256B.76, subdivision 6; (4) federal approval of the amendments in this act to
Minnesota Statutes, section 256B.761; or (5) federal approval of all necessary
federal waivers to implement the managed care organization assessment in
Minnesota Statutes, section 295.525. The
commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 63. MANDATORY
COMPLIANCE TRAINING FOR CURRENTLY ENROLLED HIGH-RISK MEDICAL ASSISTANCE
PROVIDERS.
The owners and employees
of any medical assistance provider agency subject to the requirements of
Minnesota Statutes, section 256B.0446, subdivision 2, and enrolled before
January 1, 2027, must complete initial compliance training by January 1, 2028.
Sec. 64. REPEALER.
Minnesota Statutes 2025
Supplement, section 256B.0701, subdivision 11, is repealed.
ARTICLE 4
DEPARTMENT OF HUMAN SERVICES OIG POLICY
Section 1. Minnesota Statutes 2024, section 245.095, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For purposes of this section, the following definitions have the meanings given.
(b) "Associated entity" means a provider or vendor owned or controlled by an excluded individual.
(d)
"Convicted" means a judgment of conviction has been entered by a
federal, state, or local court, regardless of whether an appeal from the
judgment is pending, and includes a stay of adjudication, a court-ordered
diversion program, or a plea of guilty or nolo contendere.
(e) "Credible
allegation of fraud" means an allegation that has been verified by the
commissioner from any source, including but not limited to:
(1) fraud hotline
complaints;
(2) claims data mining;
(3) patterns identified
through provider audits, civil false claims cases, and law enforcement
investigations;
(4) court filings and
other legal documents, including but not limited to police reports, complaints,
indictments, informations, affidavits, declarations, and search warrants; and
(5) information from the
inspector general appointed under chapter 15E, including information listed on
the inspector general's exclusion list under section 15E.25, subdivision 1,
clause (11).
Allegations are credible when they have an
indicium of reliability and the state agency has reviewed all allegations,
facts, and evidence carefully and acts judiciously on a case-by-case basis.
(d) (f) "Excluded"
means removed under other authorities from a program administered by a
Minnesota state or federal agency, including. Excluded includes but is not limited to:
(1) a final
determination to stop payments.;
(2) a conclusive
background study disqualification, except for a disqualification issued under
section 245C.15, subdivision 4c, that has not been set aside or had a variance
granted under section 245C.30; and
(3) a final agency
decision regarding a denial of a license application.
(g) "Fraud"
has the meaning given in section 256B.02, subdivision 20.
(e) (h) "Individual"
means a natural person providing products or services as a provider or vendor.
(f) (i) "Provider"
means any entity, individual, owner, controlling individual, license holder,
director, or managerial official of an entity receiving payment from a program
administered by a Minnesota state or federal agency.
Sec. 2. Minnesota Statutes 2024, section 245.095, subdivision 5, as amended by Laws 2026, chapter 92, article 2, section 12, is amended to read:
Subd. 5. Withholding
of payments. (a) Except as otherwise
provided by state or federal law, the commissioner may withhold payments to a
provider, vendor, individual, associated individual, or associated entity in
any program administered by the commissioner if the commissioner determines:
(1)
there is a credible allegation of fraud for which an investigation is pending
for a program administered by a Minnesota state or federal agency.;
(2) the individual, the
entity, or an associated individual or entity was convicted of a crime, in
state or federal court, for an offense that involves fraud or theft against a
program administered by the commissioner or another state or federal agency;
(3) the provider is
operating after a state or federal agency orders the suspension, revocation, or
decertification of the provider's license or certification, or if the provider
is subject to a temporary immediate suspension, regardless of whether the action
is under appeal; or
(4) the provider,
vendor, individual, associated individual, or associated entity, including
those receiving funds under any contract or registered program, has a
background study disqualification under section 245C.15, subdivisions 1 to 4b,
that has not been set aside and for which no variance has been issued.
(b) For purposes of this
subdivision, "credible allegation of fraud" means an allegation that
has been verified by the commissioner from any source, including but not
limited to:
(1) fraud hotline
complaints;
(2) claims data mining;
(3) patterns identified
through provider audits, civil false claims cases, and law enforcement
investigations;
(4) court filings and
other legal documents, including but not limited to police reports, complaints,
indictments, informations, affidavits, declarations, and search warrants; and
(5) information from the
inspector general appointed under chapter 15E, including information listed on
the inspector general's exclusion list under section 15E.25, subdivision 1,
clause (11).
(c) (b) The
commissioner must send notice of the withholding of payments within five days
of taking such action. The notice must:
(1) state that payments are being withheld according to this subdivision;
(2) set forth the general allegations related to the withholding action, except the notice need not disclose specific information concerning an ongoing investigation;
(3) state that the withholding is for a temporary period and cite the circumstances under which the withholding will be terminated; and
(4) inform the provider, vendor, individual, associated individual, or associated entity of the right to submit written evidence to contest the withholding action for consideration by the commissioner.
(d) (c) If
the commissioner withholds payments under this subdivision, the provider,
vendor, individual, associated individual, or associated entity has a right to
request administrative reconsideration. A
request for administrative reconsideration must be made in writing, state with
specificity the reasons the payment withholding decision is in error, and
include documents to support the request.
Within 60 days from receipt of the request, the commissioner shall
judiciously review allegations, facts, evidence available to the commissioner,
and information submitted by the provider, vendor, individual, associated
individual, or associated entity to determine whether the payment withholding
should remain in place.
(d) The commissioner shall stop withholding payments if the commissioner
determines there is insufficient evidence of fraud by the provider, vendor,
individual, associated individual, or associated entity or when legal
proceedings relating to the alleged fraud are completed, unless the
commissioner has sent notice under subdivision 3 to the provider, vendor,
individual, associated individual, or associated entity.
(e)
(f) (e) The
withholding of payments under this section is a temporary action and is
not subject to appeal under section 256.045 or chapter 14.
(f) Section 15.013 does
not apply to the commissioner taking action under this section.
Sec. 3. Minnesota Statutes 2024, section 245A.02, subdivision 13, is amended to read:
Subd. 13. Individual who is related. "Individual who is related" means a spouse, a parent, a birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece, a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian. Individual who is related includes an individual who has a relationship named in this subdivision through marriage.
EFFECTIVE DATE. This
section is effective July 1, 2026.
Sec. 4. Minnesota Statutes 2025 Supplement, section 245A.03, subdivision 2, is amended to read:
Subd. 2. Exclusion from licensure. (a) This chapter does not apply to:
(1) residential or nonresidential programs that are provided to a person by an individual who is related;
(2) nonresidential programs that are provided by an unrelated individual to persons from a single related family;
(3) residential or nonresidential programs that are provided to adults who do not misuse substances or have a substance use disorder, a mental illness, a developmental disability, a functional impairment, or a physical disability;
(4) sheltered workshops or work activity programs that are certified by the commissioner of employment and economic development;
(5) programs operated by a public school for children 33 months or older;
(6) nonresidential programs primarily for children that provide care or supervision for periods of less than three hours a day while the child's parent or legal guardian is in the same building as the nonresidential program or present within another building that is directly contiguous to the building in which the nonresidential program is located;
(7) nursing homes or hospitals licensed by the commissioner of health except as specified under section 245A.02;
(8) board and lodge facilities licensed by the commissioner of health that do not provide children's residential services under Minnesota Rules, chapter 2960, mental health or substance use disorder treatment;
(9) programs licensed by the commissioner of corrections;
(10) recreation programs for children or adults that are operated or approved by a park and recreation board whose primary purpose is to provide social and recreational activities;
(12) programs for children such as scouting, boys clubs, girls clubs, and sports and art programs, and nonresidential programs for children provided for a cumulative total of less than 30 days in any 12-month period;
(13) residential programs for persons with mental illness, that are located in hospitals;
(14) camps licensed by the commissioner of health under Minnesota Rules, chapter 4630;
(15) mental health outpatient services for adults with mental illness or children with mental illness;
(16) residential programs serving school-age children whose sole purpose is cultural or educational exchange, until the commissioner adopts appropriate rules;
(17) community support services programs as defined in section 245.462, subdivision 6, and family community support services as defined in section 245.4871, subdivision 17;
(18) assisted living facilities licensed by the commissioner of health under chapter 144G;
(19) substance use disorder treatment activities of licensed professionals in private practice as defined in section 245G.01, subdivision 17;
(20) consumer-directed community support service funded under the Medicaid waiver for persons with developmental disabilities when the individual who provided the service is:
(i) the same individual who is the direct payee of these specific waiver funds or paid by a fiscal agent, fiscal intermediary, or employer of record; and
(ii) not otherwise under the control of a residential or nonresidential program that is required to be licensed under this chapter when providing the service;
(21) a county that is an eligible vendor under section 254B.0501 to provide care coordination and comprehensive assessment services;
(22) a recovery community organization that is an eligible vendor under section 254B.0501 to provide peer recovery support services; or
(23) programs licensed by the commissioner of children, youth, and families in chapter 142B.
(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a building in which a nonresidential program is located if it shares a common wall with the building in which the nonresidential program is located or is attached to that building by skyway, tunnel, atrium, or common roof.
(c) Except for the home and community-based services identified in section 245D.03, subdivision 1, nothing in this chapter shall be construed to require licensure for any services provided and funded according to an approved federal waiver plan where licensure is specifically identified as not being a condition for the services and funding.
(d) Notwithstanding
section 245A.02, subdivision 13, programs initially licensed prior to July 1,
2026, may continue to operate under and must comply with the definition of
related individual in Minnesota Statutes 2024, section 245A.02, subdivision 13,
until the service recipient related to the license holder is no longer
receiving services licensed under this chapter.
EFFECTIVE DATE. This
section is effective July 1, 2026.
Subd. 2. Change
in ownership. (a) If the
commissioner determines that there is a change in ownership, the commissioner
shall require submission of a new license application. This subdivision does not apply to a licensed
program or service located in a home where the license holder resides. A change in ownership occurs when:
(1) except as provided
in paragraph (b), the license holder sells or transfers 100 percent of the
property, stock, or assets;
(2) the license holder merges with another organization;
(3) the license holder consolidates with two or more organizations, resulting in the creation of a new organization;
(4) there is a change to the federal tax identification number associated with the license holder; or
(5) except as provided
in paragraph (b), all controlling individuals for the original license have
changed.
(b) For changes under
paragraph (a), clause (1) or (5), no change in ownership has occurred and a new
license application is not required if at least one controlling individual has
been affiliated as a controlling individual for the license for at least the
previous 12 months immediately preceding the change.
EFFECTIVE DATE. This
section is effective October 1, 2026.
Sec. 6. Minnesota Statutes 2025 Supplement, section 245A.043, subdivision 2a, is amended to read:
Subd. 2a. Review
of change in ownership. (a) After
a change in ownership under subdivision 2, paragraph (a), the
commissioner may complete a review for all new license holders within 12 months
after the new license is issued.
(b) For all license
holders subject to the exception in subdivision 2, paragraph (b), the license
holder must notify the commissioner of the date of the change in controlling
individuals pursuant to section 245A.04, subdivision 7a, and the commissioner may
complete a review within 12 months following the change.
EFFECTIVE DATE. This
section is effective October 1, 2026.
Sec. 7. Minnesota Statutes 2024, section 245A.07, subdivision 2a, is amended to read:
Subd. 2a. Immediate
suspension expedited hearing. (a)
Within five working days of receipt of the license holder's timely appeal, the
commissioner shall request assignment of an administrative law judge. The request must include a proposed date,
time, and place of a hearing. A hearing
must be conducted by an administrative law judge within 30 calendar days of the
request for assignment, unless an extension is requested by either party and
granted by the administrative law judge for good cause. The commissioner shall issue a notice of
hearing by certified mail or personal service at least ten working days before
the hearing. The scope of the hearing
shall be limited solely to the issue of whether the temporary immediate
suspension should remain in effect pending the commissioner's final order under
section 245A.08, regarding a licensing sanction issued under subdivision 3 following
the immediate suspension. For
suspensions under subdivision 2, paragraph (a), clause (1), the burden of proof
in expedited hearings under this subdivision shall be limited to is
met only if the commissioner's demonstration commissioner
demonstrates that reasonable cause exists to believe that the license
holder's or controlling individual's actions or failure to comply with
applicable law or rule poses, or the actions of other individuals or conditions
in the program poses an imminent risk of harm to the health, safety, or rights
of persons served by the program. "Reasonable
(b) The administrative law judge shall issue findings of fact, conclusions, and a recommendation within ten working days from the date of hearing. The parties shall have ten calendar days to submit exceptions to the administrative law judge's report. The record shall close at the end of the ten-day period for submission of exceptions. The commissioner's final order shall be issued within ten working days from the close of the record. When an appeal of a temporary immediate suspension is withdrawn or dismissed, the commissioner shall issue a final order affirming the temporary immediate suspension within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. Within 90 calendar days after an immediate suspension has been issued and the license holder has not submitted a timely appeal under subdivision 2, paragraph (b), or within 90 calendar days after a final order affirming an immediate suspension, the commissioner shall determine:
(1) whether a final
licensing sanction shall be issued under subdivision 3, paragraph (a), clauses
(1) to (6) (5). The
license holder shall continue to be prohibited from operation of the program
during this 90-day period; or
(2) whether the outcome of
related, ongoing investigations or judicial proceedings are necessary to
determine if a final licensing sanction under subdivision 3, paragraph (a),
clauses (1) to (6) (5), will be issued and whether persons served
by the program remain at an imminent risk of harm during the investigation
period or proceedings. If so, the
commissioner shall issue a suspension order under subdivision 3, paragraph (a),
clause (7). (6); or
(3) whether the license
holder or controlling individual remains the subject of a pending
administrative, civil, or criminal investigation or subject to an
administrative or civil action related to fraud against a program administered
by a state or federal agency. If so, the
commissioner shall issue a suspension order under subdivision 3, paragraph (a),
clause (6).
(c) When the final order under paragraph (b) affirms an immediate suspension, or the license holder does not submit a timely appeal of the immediate suspension, and a final licensing sanction is issued under subdivision 3 and the license holder appeals that sanction, the license holder continues to be prohibited from operation of the program pending a final commissioner's order under section 245A.08, subdivision 5, regarding the final licensing sanction.
(d) The license holder shall continue to be prohibited from operation of the program while a suspension order issued under paragraph (b), clause (2) or (3), remains in effect.
(e) For suspensions under
subdivision 2, paragraph (a), clause (3), the burden of proof in expedited
hearings under this subdivision shall be limited to is met only if
the commissioner's demonstration commissioner demonstrates by a
preponderance of the evidence that a criminal complaint and warrant or summons
was issued for the license holder or controlling individual that was not
dismissed, and that the criminal charge is an offense that involves fraud or
theft against a program administered by the commissioner.
(f) For suspensions
under subdivision 2, paragraph (c), the burden of proof in expedited hearings
under this subdivision is met only if the commissioner demonstrates by a
preponderance of the evidence that the license holder or controlling individual
is the subject of a pending administrative, civil, or criminal investigation or
is subject to an administrative or civil action related to fraud against a
program administered by a state or federal agency.
Subd. 3. License suspension, revocation, or fine. (a) The commissioner may suspend or revoke a license, or impose a fine if:
(1) a license holder fails to comply fully with applicable laws or rules including but not limited to the requirements of this chapter and chapter 245C;
(2) a license holder, a controlling individual, or an individual living in the household where the licensed services are provided or is otherwise subject to a background study has been disqualified and the disqualification was not set aside and no variance has been granted;
(3) a license holder knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license, in connection with the background study status of an individual, during an investigation, or regarding compliance with applicable laws or rules;
(4) a license holder is excluded from any program administered by the commissioner under section 245.095;
(5) revocation is required under section 245A.04, subdivision 7, paragraph (d); or
(6) suspension is necessary under subdivision 2a, paragraph (b), clause (2) or (3).
A license holder who has had a license issued under this chapter suspended, revoked, or has been ordered to pay a fine must be given notice of the action by certified mail, by personal service, or through the provider licensing and reporting hub. If mailed, the notice must be mailed to the address shown on the application or the last known address of the license holder. The notice must state in plain language the reasons the license was suspended or revoked, or a fine was ordered.
(b) If the license was suspended or revoked, the notice must inform the license holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking a license. The appeal of an order suspending or revoking a license must be made in writing by certified mail, by personal service, or through the provider licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar days after the license holder receives notice that the license has been suspended or revoked. If a request is made by personal service, it must be received by the commissioner within ten calendar days after the license holder received the order. If the order is issued through the provider hub, the appeal must be received by the commissioner within ten calendar days from the date the commissioner issued the order through the hub. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a timely appeal of an order suspending or revoking a license, the license holder may continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs (i) and (j), until the commissioner issues a final order on the suspension or revocation.
(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license holder of the responsibility for payment of fines and the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an order to pay a fine must be made in writing by certified mail, by personal service, or through the provider licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar days after the license holder receives notice that the fine has been ordered. If a request is made by personal service, it must be received by the commissioner within ten calendar days after the license holder received the order. If the order is issued through the provider hub, the appeal must be received by the commissioner within ten calendar days from the date the commissioner issued the order through the hub.
(3) A license holder shall promptly notify the commissioner of human services, in writing, when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the commissioner determines that a violation has not been corrected as indicated by the order to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify the license holder by certified mail, by personal service, or through the provider licensing and reporting hub that a second fine has been assessed. The license holder may appeal the second fine as provided under this subdivision.
(4) Fines shall be assessed as follows:
(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557 for which the license holder is determined responsible for the maltreatment under section 260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);
(ii) if the commissioner determines that a determination of maltreatment for which the license holder is responsible is the result of maltreatment that meets the definition of serious maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit $5,000;
(iii) the license holder shall forfeit $200 for each occurrence of a violation of law or rule governing matters of health, safety, or supervision, including but not limited to the provision of adequate staff-to-child or adult ratios, and failure to comply with background study requirements under chapter 245C; and
(iv) the license holder shall forfeit $100 for each occurrence of a violation of law or rule other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iii).
For purposes of this section, "occurrence" means each violation identified in the commissioner's fine order. Fines assessed against a license holder that holds a license to provide home and community-based services, as identified in section 245D.03, subdivision 1, and a community residential setting or day services facility license under chapter 245D where the services are provided, may be assessed against both licenses for the same occurrence, but the combined amount of the fines shall not exceed the amount specified in this clause for that occurrence.
(5) When a fine has been assessed, the license holder may not avoid payment by closing, selling, or otherwise transferring the licensed program to a third party. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment.
(d) Except for background study violations involving the failure to comply with an order to immediately remove an individual or an order to provide continuous, direct supervision, the commissioner shall not issue a fine under paragraph (c) relating to a background study violation to a license holder who self-corrects a background study violation before the commissioner discovers the violation. A license holder who has previously exercised the provisions of this paragraph to avoid a fine for a background study violation may not avoid a fine for a subsequent background study violation unless at least 365 days have passed since the license holder self-corrected the earlier background study violation.
Subd. 4. License
or certification fee for certain programs.
(a)(1) A program licensed to provide one or more of the home and
community-based services and supports identified under chapter 245D to persons
with disabilities or age 65 and older, shall must pay an annual
nonrefundable license fee based on revenues derived from the provision of
services that would require licensure under chapter 245D during the calendar
year immediately preceding the year in which the license fee is paid, according
to the following schedule:
(2) If requested, the
license holder shall must provide the commissioner information to
verify the license holder's annual revenues or other information as needed,
including copies of documents submitted to the Department of Revenue.
(3) At each annual renewal, a license holder may elect to pay the highest renewal fee, and not provide annual revenue information to the commissioner.
(4) A license holder that
knowingly provides the commissioner incorrect revenue amounts for the purpose
of paying a lower license fee shall must be subject to a civil
penalty in the amount of double the fee the provider should have paid.
(b) A substance use disorder
treatment program licensed under chapter 245G, to provide substance use
disorder treatment shall must pay an annual nonrefundable license
fee based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$2,600 |
|
|
25 to 49 persons |
$3,000 |
|
|
50 to 74 persons |
$5,000 |
|
|
75 to 99 persons |
$10,000 |
|
|
100 to 199 persons |
$15,000 |
|
|
200 or more persons |
$20,000 |
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$2,600 |
|
|
25 to 49 persons |
$3,000 |
|
|
50 or more persons |
$5,000 |
A detoxification program that also operates a
withdrawal management program at the same location shall must
only pay one fee based upon the licensed capacity of the program with the
higher overall capacity.
(d) A children's residential facility licensed under Minnesota Rules, chapter 2960, to serve children shall pay an annual nonrefundable license fee based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$1,000 |
|
|
25 to 49 persons |
$1,100 |
|
|
50 to 74 persons |
$1,200 |
|
|
75 to 99 persons |
$1,300 |
|
|
100 or more persons |
$1,400 |
(e) A residential facility
licensed under section 245I.23 or Minnesota Rules, parts 9520.0500 to
9520.0670, to serve persons with mental illness shall must pay an
annual nonrefundable license fee based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$2,600 |
|
|
25 to 49 persons |
$3,000 |
|
|
50 or more persons |
$20,000 |
(f) A residential facility
licensed under Minnesota Rules, parts 9570.2000 to 9570.3400, to serve persons
with physical disabilities shall must pay an annual nonrefundable
license fee based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$450 |
|
|
25 to 49 persons |
$650 |
|
|
50 to 74 persons |
$850 |
|
|
75 to 99 persons |
$1,050 |
|
|
100 or more persons |
$1,250 |
(g) A program licensed as
an adult day care center licensed under Minnesota Rules, parts 9555.9600 to
9555.9730, shall must pay an annual nonrefundable license fee
based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$2,600 |
|
|
25 to 49 persons |
$3,000 |
|
|
50 to 74 persons |
$5,000 |
|
|
75 to 99 persons |
$10,000 |
|
|
100 to 199 persons |
$15,000 |
|
|
200 or more persons |
$20,000 |
(i) A mental health clinic
certified under section 245I.20 shall must pay an annual
nonrefundable certification fee of $1,550.
If the mental health clinic provides services at a primary location with
satellite facilities, the satellite facilities shall must be
certified with the primary location without an additional charge.
(j) If a program subject to annual fees under paragraph (b) provides services at a primary location with satellite facilities, the satellite facilities must be licensed with the primary location and must be subject to an additional $500 annual nonrefundable license fee per satellite facility.
Sec. 10. Minnesota Statutes 2025 Supplement, section 245A.142, subdivision 3, is amended to read:
Subd. 3. Provisional
license. (a) Beginning January 1,
2026, the commissioner shall must begin issuing provisional
licenses to agencies enrolled under chapter 256B to provide EIDBI services.
(b) Agencies enrolled before July 1, 2025, have until May 31, 2026, to submit an application for provisional licensure on the forms and in the manner prescribed by the commissioner.
(c) Beginning June 1, 2026, an agency must not operate if it has not submitted an application for provisional licensure under this section. The commissioner shall disenroll an agency from providing EIDBI services under chapter 256B if the agency fails to submit an application for provisional licensure by May 31, 2026.
(d) The commissioner must determine whether a provisional license applicant complies with all applicable rules and laws and either issue a provisional license to the applicant or deny the application by December 31, 2026.
(e) A provisional license is effective until comprehensive EIDBI agency licensure standards are in effect unless the provisional license is suspended or revoked.
(f) Initial provisional
license applications are subject to the application fee under section 245A.10,
subdivision 3, paragraph (a).
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2025 Supplement, section 245A.242, subdivision 2, is amended to read:
Subd. 2. Emergency
overdose treatment. (a) A license
holder must maintain a supply of opiate antagonists as defined in section
604A.04, subdivision 1, available for emergency treatment of opioid overdose and. For administration via intramuscular
injection, a license holder must have a written standing order protocol by
a physician who is licensed under chapter 147, advanced practice registered
nurse who is licensed under chapter 148, or physician assistant who is licensed
under chapter 147A, that permits the license holder to maintain a supply of intramuscular
injection opiate antagonists on site.
A license holder must require staff to undergo training in the specific
mode of administration used at the program, which may include intranasal
administration, intramuscular injection, or both, before the staff has direct
contact, as defined in section 245C.02, subdivision 11, with a person served by
the program.
(1) emergency opiate antagonist medications are not required to be stored in a locked area and staff and adult clients may carry this medication on them and store it in an unlocked location;
(2) staff persons who only administer emergency opiate antagonist medications only require the training required by paragraph (a), which any knowledgeable trainer may provide. The trainer is not required to be a registered nurse or part of an accredited educational institution; and
(3) nonresidential substance use disorder treatment programs that do not administer client medications beyond emergency opiate antagonist medications are not required to have the policies and procedures required in section 245G.08, subdivisions 5 and 6, and must instead describe the program's procedures for administering opiate antagonist medications in the license holder's description of health care services under section 245G.08, subdivision 1.
Sec. 12. Minnesota Statutes 2024, section 245C.02, subdivision 18, is amended to read:
Subd. 18. Serious
maltreatment. (a) "Serious
maltreatment" means sexual abuse, maltreatment resulting in death, neglect
resulting in serious injury which reasonably requires the care of a physician,
advanced practice registered nurse, or physician assistant whether or not the
care of a physician, advanced practice registered nurse, or physician assistant
was sought, or abuse resulting in serious injury, or financial
exploitation of a vulnerable adult if the value of the funds or property is
$1,000 or greater.
(b) For purposes of this definition, "care of a physician, advanced practice registered nurse, or physician assistant" is treatment received or ordered by a physician, physician assistant, or advanced practice registered nurse, but does not include:
(1) diagnostic testing, assessment, or observation;
(2) the application of, recommendation to use, or prescription solely for a remedy that is available over the counter without a prescription; or
(3) a prescription solely for a topical antibiotic to treat burns when there is no follow-up appointment.
(c) For purposes of this definition, "abuse resulting in serious injury" means: bruises, bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal injuries; head injuries with loss of consciousness; extensive second-degree or third-degree burns and other burns for which complications are present; extensive second-degree or third-degree frostbite and other frostbite for which complications are present; irreversible mobility or avulsion of teeth; injuries to the eyes; ingestion of foreign substances and objects that are harmful; near drowning; and heat exhaustion or sunstroke.
(d) Serious maltreatment includes neglect when it results in criminal sexual conduct against a child or vulnerable adult.
Sec. 13. Minnesota Statutes 2024, section 245C.03, subdivision 1, is amended to read:
Subdivision 1. Programs licensed by the commissioner. (a) The commissioner shall conduct a background study on:
(1) the person or persons applying for a license;
(3) current or prospective employees of the applicant or license holder who will have direct contact with persons served by the facility, agency, or program;
(4) volunteers or student volunteers who will have direct contact with persons served by the program to provide program services if the contact is not under the continuous, direct supervision by an individual listed in clause (1) or (3);
(5) an individual age ten to 12 living in the household where the licensed services will be provided when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15;
(6) an individual who, without providing direct contact services at a licensed program, may have unsupervised access to children or vulnerable adults receiving services from a program, when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15; and
(7) all controlling individuals as defined in section 245A.02, subdivision 5a;
(8) notwithstanding clause (3), for children's residential facilities and foster residence settings, any adult working in the facility, whether or not the individual will have direct contact with persons served by the facility.
(b) For child foster care when the license holder resides in the home where foster care services are provided, a short-term substitute caregiver providing direct contact services for a child for less than 72 hours of continuous care is not required to receive a background study under this chapter.
(c) This subdivision applies to the following programs that must be licensed under chapter 245A:
(1) adult foster care;
(2) children's residential facilities;
(3) licensed home and community-based services under chapter 245D;
(4) residential mental health programs for adults;
(5) substance use disorder treatment programs under chapter 245G;
(6) withdrawal management programs under chapter 245F;
(7) adult day care centers;
(8) family adult day services;
(9) detoxification programs;
(10) community residential settings;
(11) intensive residential
treatment services and residential crisis stabilization under chapter 245I; and
(12) treatment programs for
persons with sexual psychopathic personality or sexually dangerous persons,
licensed under chapter 245A and according to Minnesota Rules, parts 9515.3000
to 9515.3110.; and
(13) children's foster
residence settings.
EFFECTIVE DATE. This
section is effective November 3, 2026.
Subdivision 1. Licensed programs; other child care programs. (a) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, at least upon application for initial license for all license types.
(b) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, including a child care background study subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed child care center, certified license-exempt child care center, or legal nonlicensed child care provider, on a schedule determined by the commissioner. Except as provided in section 245C.05, subdivision 5a, a child care background study must include submission of fingerprints for a national criminal history record check and a review of the information under section 245C.08. A background study for a child care program must be repeated within five years from the most recent study conducted under this paragraph.
(c) At reauthorization or when a new background study is needed under section 142E.16, subdivision 2, for a legal nonlicensed child care provider authorized under chapter 142E:
(1) for a background study affiliated with a legal nonlicensed child care provider, the individual shall provide information required under section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the commissioner and be fingerprinted and photographed under section 245C.05, subdivision 5; and
(2) the commissioner shall verify the information received under clause (1) and submit the request in NETStudy 2.0 to complete the background study.
(d) At reapplication for a family child care license:
(1) for a background study affiliated with a licensed family child care center, the individual shall provide information required under section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be fingerprinted and photographed under section 245C.05, subdivision 5;
(2) the county agency shall verify the information received under clause (1) and forward the information to the commissioner and submit the request in NETStudy 2.0 to complete the background study; and
(3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08.
(e) The commissioner is
not required to conduct a study of an individual at the time of reapplication
for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:
(1) a study of the
individual was conducted either at the time of initial licensure or when the
individual became affiliated with the license holder;
(2) the individual has
been continuously affiliated with the license holder since the last study was
conducted; and
(3) the last study of the
individual was conducted on or after October 1, 1995.
(f) (e) The
commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a),
clauses (2) to (6), who is newly affiliated, or currently affiliated without
a background study that was submitted through the electronic system known as
NETStudy 2.0, with a child foster family setting license holder:
(2) the background study conducted by the commissioner of human services under this paragraph must include a review of the information required under section 245C.08, subdivisions 1, 3, and 4.
(g) (f) The
commissioner shall conduct a background study of an individual specified under
section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated, or currently affiliated without a background study that was
submitted through the electronic system known as NETStudy 2.0, with an
adult foster care or family adult day services and with a family child care
license holder or a legal nonlicensed child care provider authorized under
chapter 142E and:
(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and forward to the commissioner the information required under section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraph (b), for background studies conducted by the commissioner for all family adult day services, for adult foster care when the adult foster care license holder resides in the adult foster care residence, and for family child care and legal nonlicensed child care authorized under chapter 142E;
(2) the license holder shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for adult foster care when the license holder does not reside in the adult foster care residence; and
(3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08, subdivision 1, paragraph (a), and subdivisions 3 and 4.
(h) (g) Applicants
for licensure, license holders, and other entities as provided in this chapter
must submit completed background study requests to the commissioner using the
electronic system known as NETStudy 2.0 before individuals specified in
section 245C.03, subdivision 1, begin positions allowing direct contact in any
licensed program.
(i) (h) For an
individual who is not on the entity's active roster, the entity must initiate a
new background study through NETStudy when:
(1) an individual returns to a position requiring a background study following an absence of 120 or more consecutive days; or
(2) a program that discontinued providing licensed direct contact services for 120 or more consecutive days begins to provide direct contact licensed services again.
The license holder shall maintain a copy of the notification provided to the commissioner under this paragraph in the program's files. If the individual's disqualification was previously set aside for the license holder's program and the new background study results in no new information that indicates the individual may pose a risk of harm to persons receiving services from the license holder, the previous set-aside shall remain in effect.
(j) (i) For
purposes of this section, a physician licensed under chapter 147, advanced
practice registered nurse licensed under chapter 148, or physician assistant
licensed under chapter 147A is considered to be continuously affiliated upon
the license holder's receipt from the commissioner of health or human services
of the physician's, advanced practice registered nurse's, or physician
assistant's background study results.
(j) For purposes of family child care, a substitute caregiver must
receive repeat background studies at the time of each license renewal.
(k)
(l) (k) A
repeat background study at the time of license renewal is not required if the
family child care substitute caregiver's background study was completed by the
commissioner on or after October 1, 2017, and the substitute caregiver is on
the license holder's active roster in NETStudy 2.0.
(m) (l) Before
and after school programs authorized under chapter 142E, are exempt from the
background study requirements under section 123B.03, for an employee for whom a
background study under this chapter has been completed.
Sec. 15. Minnesota Statutes 2025 Supplement, section 245C.07, is amended to read:
245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
(a) Subject to the conditions in paragraph (d), when a license holder, applicant, or other entity owns multiple programs or services that are licensed by the Department of Human Services; Department of Children, Youth, and Families; Department of Health; or Department of Corrections, only one background study is required for an individual who provides direct contact services in one or more of the licensed programs or services if:
(1) the license holder designates one individual with one address and telephone number as the person to receive sensitive background study information for the multiple licensed programs or services that depend on the same background study; and
(2) the individual designated to receive the sensitive background study information is capable of determining, upon request of the department, whether a background study subject is providing direct contact services in one or more of the license holder's programs or services and, if so, at which location or locations.
(b) When a license holder maintains background study compliance for multiple licensed programs according to paragraph (a), and one or more of the licensed programs closes, the license holder shall immediately notify the commissioner which staff must be transferred to an active license so that the background studies can be electronically paired with the license holder's active program.
(c) When a background study is being initiated by a licensed program or service or a foster care provider that is also licensed under chapter 144G, a study subject affiliated with multiple licensed programs or services may attach to the background study form a cover letter indicating the additional names of the programs or services, addresses, and background study identification numbers.
When the commissioner receives a notice, the commissioner shall notify each program or service identified by the background study subject of the study results.
The background study notice the commissioner sends to the subsequent agencies shall satisfy those programs' or services' responsibilities for initiating a background study on that individual.
(d) If a background study
was conducted on an individual related to child foster care and the
requirements under paragraph (a) are met, the background study is transferable
across all licensed programs. If a
background study was conducted on an individual under a license other than
child foster care and the requirements under paragraph (a) are met, the
background study is transferable to all licensed programs except child foster
care.
(e) The provisions of this section that allow a single background study in one or more licensed programs or services do not apply to background studies submitted by adoption agencies, supplemental nursing services agencies, personnel pool agencies, educational programs, professional services agencies, temporary personnel agencies, and unlicensed personal care provider organizations.
(1) the background study subject must be on and moving to a roster for which the person designated to receive sensitive background study information is the same; and
(2) the same entity must own or legally control both the roster from which the transfer is occurring and the roster to which the transfer is occurring. For an entity that holds or controls multiple licenses, or unlicensed personal care provider organizations, there must be a common highest level entity that has a legally identifiable structure that can be verified through records available from the secretary of state.
EFFECTIVE DATE. This
section is effective July 1, 2026.
Sec. 16. Minnesota Statutes 2025 Supplement, section 245C.13, subdivision 2, is amended to read:
Subd. 2. Activities pending completion of background study. The subject of a background study may not perform any activity requiring a background study under paragraph (c) until the commissioner has issued one of the notices under paragraph (a).
(a) Notices from the commissioner required prior to activity under paragraph (c) include:
(1) a notice of the study results under section 245C.17 stating that:
(i) the individual is not disqualified; or
(ii) more time is needed to complete the study but the individual is not required to be removed from direct contact or access to people receiving services prior to completion of the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice that more time is needed to complete the study must also indicate whether the individual is required to be under continuous direct supervision prior to completion of the background study. When more time is necessary to complete a background study of an individual affiliated with a Title IV-E eligible children's residential facility or foster residence setting, the individual may not work in the facility or setting regardless of whether or not the individual is supervised;
(2) a notice that a disqualification has been set aside under section 245C.23; or
(3) a notice that a variance has been granted related to the individual under section 245C.30.
(b) For a child care
background study affiliated with a licensed child care center or certified
license-exempt child care center subject required to submit fingerprints
for a national criminal history check, except as provided in section 245C.05,
subdivision 5a, the notice sent under paragraph (a), clause (1), item (ii),
must not be issued until the commissioner receives a qualifying result for the
individual for the fingerprint-based national criminal history record check or
the fingerprint-based criminal history information from the Bureau of Criminal
Apprehension. The notice must require
the individual to be under continuous direct supervision prior to completion of
the remainder of the background study except as permitted in subdivision 3.
(c) Activities prohibited prior to receipt of notice under paragraph (a) include:
(1) being issued a license;
(2) living in the household where the licensed program will be provided;
(4) having access to persons receiving services if the background study was completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2), (5), or (6), unless the subject is under continuous direct supervision;
(5) for licensed child
care centers and certified license-exempt child care centers a child
care background study subject, providing direct contact services to
persons served by the program performing any act listed in section
245C.02, subdivision 6a, unless the study is being renewed under section
245C.04, subdivision 1, paragraph (b), and it has been less than five years
since the child care background study subject was previously disqualified or
provided notice under paragraph (a), clause (1), item (i);
(6) for children's residential facilities or foster residence settings, working in the facility or setting;
(7) for background studies affiliated with a personal care provider organization, except as provided in section 245C.03, subdivision 3b, before a personal care assistant provides services, the personal care assistance provider agency must initiate a background study of the personal care assistant under this chapter and the personal care assistance provider agency must have received a notice from the commissioner that the personal care assistant is:
(i) not disqualified under section 245C.14; or
(ii) disqualified, but the personal care assistant has received a set aside of the disqualification under section 245C.22; or
(8) for background studies affiliated with an early intensive developmental and behavioral intervention provider, before an individual provides services, the early intensive developmental and behavioral intervention provider must initiate a background study for the individual under this chapter and the early intensive developmental and behavioral intervention provider must have received a notice from the commissioner that the individual is:
(i) not disqualified under section 245C.14; or
(ii) disqualified, but the individual has received a set-aside of the disqualification under section 245C.22.
EFFECTIVE DATE. This
section is effective July 1, 2026.
Sec. 17. Minnesota Statutes 2024, section 245C.15, subdivision 2, is amended to read:
Subd. 2. 15-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a felony-level violation of any of the following offenses: sections 152.021, subdivision 1 or 2b, (aggravated controlled substance crime in the first degree; sale crimes); 152.022, subdivision 1 (controlled substance crime in the second degree; sale crimes); 152.023, subdivision 1 (controlled substance crime in the third degree; sale crimes); 152.024, subdivision 1 (controlled substance crime in the fourth degree; sale crimes); 256.98 (wrongfully obtaining assistance); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 518B.01, subdivision 14 (violation of an order for protection); 609.165 (felon ineligible to possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2334 (violation of an order for protection against financial exploitation of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.247, subdivision 4
(b) An individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less than 15 years has passed since the termination of the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or subdivision 3.
(d) An individual is disqualified under section 245C.14 if less than 15 years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of the offenses listed in paragraph (a) or since the termination of parental rights in any other state or country, the elements of which are substantially similar to the elements listed in paragraph (c).
(e) If the individual studied commits one of the offenses listed in paragraph (a), but the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is disqualified but the disqualification look-back period for the offense is the period applicable to the gross misdemeanor or misdemeanor disposition.
(f) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
Sec. 18. Minnesota Statutes 2024, section 245C.15, subdivision 3, is amended to read:
Subd. 3. Ten-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a gross misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 260B.425 (criminal jurisdiction for contributing to status as a juvenile petty offender or delinquency); 260C.425 (criminal jurisdiction for contributing to need for protection or services); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or 609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23
(b) An individual is disqualified under section 245C.14 if less than ten years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less than ten years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraph (a).
(d) If the individual studied commits one of the offenses listed in paragraph (a), but the sentence or level of offense is a misdemeanor disposition, the individual is disqualified but the disqualification lookback period for the offense is the period applicable to misdemeanors.
(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
Sec. 19. Minnesota Statutes 2024, section 245C.15, subdivision 4, is amended to read:
Subd. 4. Seven-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 260B.425 (criminal jurisdiction for contributing to status as a juvenile petty offender or delinquency); 260C.425 (criminal jurisdiction for contributing to need for protection or services); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2334 (violation of an order for protection against financial exploitation of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation of an order for protection under 609.3232 (protective order authorized; procedures; penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.522 (organized retail theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft);
(b) An individual is disqualified under section 245C.14 if less than seven years has passed since a determination or disposition of the individual's:
(1) failure to make required reports under section 260E.06 or 626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.557 or chapter 260E was substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or
(2) substantiated serious or recurring maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other state, the elements of which are substantially similar to the elements of maltreatment under section 626.557 or chapter 260E for which: (i) there is a preponderance of evidence that the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.
(c) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota Statutes.
(d) An individual is disqualified under section 245C.14 if less than seven years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraphs (a) and (b).
(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
(f) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual was disqualified under section 256.98, subdivision 8.
Sec. 20. Minnesota Statutes 2025 Supplement, section 245C.15, subdivision 4a, is amended to read:
Subd. 4a. Licensed family foster setting disqualifications. (a) Notwithstanding subdivisions 1 to 4, 4b, and 4c, for a background study affiliated with a licensed family foster setting, regardless of how much time has passed, an individual is disqualified under section 245C.14 if the individual committed an act that resulted in a felony-level conviction for sections: 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse); 609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325 (criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245 (aggravated robbery); 609.247, subdivision 2 or 3 (carjacking in the first or second degree); 609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder of
(b) Notwithstanding subdivisions 1 to 4, 4b, and 4c, for the purposes of a background study affiliated with a licensed family foster setting, an individual is disqualified under section 245C.14, regardless of how much time has passed, if the individual:
(1) committed an action under paragraph (e) that resulted in death or involved sexual abuse, as defined in section 260E.03, subdivision 20;
(2) committed an act that resulted in a gross misdemeanor-level conviction for section 609.3451 (criminal sexual conduct in the fifth degree);
(3) committed an act against or involving a minor that resulted in a felony-level conviction for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree); or
(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level conviction for section 617.293 (dissemination and display of harmful materials to minors).
(c) Notwithstanding subdivisions 1 to 4, 4b, and 4c, for a background study affiliated with a licensed family foster setting, an individual is disqualified under section 245C.14 if fewer than 20 years have passed since the termination of the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to involuntarily terminate parental rights. An individual is disqualified under section 245C.14 if fewer than 20 years have passed since the termination of the individual's parental rights in any other state or country, where the conditions for the individual's termination of parental rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph (b).
(d) Notwithstanding subdivisions 1 to 4, 4b, and 4c, for a background study affiliated with a licensed family foster setting, an individual is disqualified under section 245C.14 if fewer than five years have passed since a felony-level violation for sections: 152.021 (controlled substance crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023 (controlled substance crime in the third degree); 152.024 (controlled substance crime in the fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing controlled substances across state borders); 152.0262, subdivision 1, paragraph (b) (possession of substance with intent to manufacture methamphetamine); 152.027, subdivision 6, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia; prohibited conduct; criminal penalties; civil liabilities); 152.137 (fentanyl- and methamphetamine-related crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while impaired); 243.166
(e) Notwithstanding subdivisions 1 to 4, 4b, and 4c, except as provided in paragraph (a), for a background study affiliated with a licensed family child foster care license, an individual is disqualified under section 245C.14 if fewer than five years have passed since:
(1) a felony-level violation for an act not against or involving a minor that constitutes: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the fifth degree);
(2) a violation of an order for protection under section 518B.01, subdivision 14;
(3) a determination or disposition of the individual's failure to make required reports under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment was recurring or serious;
(4) a determination or disposition of the individual's substantiated serious or recurring maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other state, the elements of which are substantially similar to the elements of maltreatment under chapter 260E or section 626.557 and meet the definition of serious maltreatment or recurring maltreatment;
(5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or
(6) committing an act against or involving a minor that resulted in a misdemeanor-level violation of section 609.224, subdivision 1 (assault in the fifth degree).
(f) For purposes of this subdivision, the disqualification begins from:
(1) the date of the alleged violation, if the individual was not convicted;
(2) the date of conviction, if the individual was convicted of the violation but not committed to the custody of the commissioner of corrections; or
(3) the date of release from prison, if the individual was convicted of the violation and committed to the custody of the commissioner of corrections.
Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation of the individual's supervised release, the disqualification begins from the date of release from the subsequent incarceration.
(h) An individual's offense in any other state or country, where the elements of the offense are substantially similar to any of the offenses listed in paragraphs (a) and (b), permanently disqualifies the individual under section 245C.14. An individual is disqualified under section 245C.14 if fewer than five years have passed since an offense in any other state or country, the elements of which are substantially similar to the elements of any offense listed in paragraphs (d) and (e).
Sec. 21. Minnesota Statutes 2025 Supplement, section 245C.22, subdivision 5, is amended to read:
Subd. 5. Scope
of set-aside. (a) If the
commissioner sets aside a disqualification under this section, the disqualified
individual remains disqualified, but may hold a license and have direct contact
with or access to persons receiving services.
Except as provided in paragraph (b), the commissioner's set-aside of a
disqualification is limited solely to the licensed program, applicant, or
agency specified in the set aside notice under section 245C.23. For personal care provider organizations,
financial management services organizations, community first services and
supports organizations, unlicensed home and community-based organizations, and
consumer-directed community supports organizations, the commissioner's
set-aside may further be limited to a specific individual who is receiving
services. For new background studies
required under section 245C.04, subdivision 1, paragraph (h) (g),
if an individual's disqualification was previously set aside for the license
holder's program and the new background study results in no new information
that indicates the individual may pose a risk of harm to persons receiving
services from the license holder, the previous set-aside shall remain in
effect.
(b) If the commissioner has previously set aside an individual's disqualification for one or more programs or agencies, and the individual is the subject of a subsequent background study for a different program or agency, the commissioner shall determine whether the disqualification is set aside for the program or agency that initiated the subsequent background study. A notice of a set-aside under paragraph (c) shall be issued within 15 working days if all of the following criteria are met:
(1) the subsequent background study was initiated in connection with a program licensed or regulated under the same provisions of law and rule for at least one program for which the individual's disqualification was previously set aside by the commissioner;
(2) the individual is not disqualified for an offense specified in section 245C.15, subdivision 1 or 2;
(3) the commissioner has received no new information to indicate that the individual may pose a risk of harm to any person served by the program; and
(4) the previous set-aside was not limited to a specific person receiving services.
(c) Notwithstanding paragraph (b), clause (2), for an individual who is employed in the substance use disorder field, if the commissioner has previously set aside an individual's disqualification for one or more programs or agencies in the substance use disorder treatment field, and the individual is the subject of a subsequent background study for a different program or agency in the substance use disorder treatment field, the commissioner shall set aside the disqualification for the program or agency in the substance use disorder treatment field that initiated the subsequent background study when the criteria under paragraph (b), clauses (1), (3), and (4), are met and the individual is not disqualified for an offense specified in section 245C.15, subdivision 1. A notice of a set-aside under paragraph (d) shall be issued within 15 working days.
Sec. 22. Minnesota Statutes 2024, section 245C.24, subdivision 2, is amended to read:
Subd. 2. Permanent
bar to set aside a disqualification. (a)
Except as provided in paragraphs (b) to (g) (f), the commissioner
may not set aside the disqualification of any individual disqualified pursuant
to this chapter, regardless of how much time has passed, if the individual was
disqualified for a crime or conduct listed in section 245C.15, subdivision 1.
(b) For an individual in the substance use disorder or corrections field who was disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification was set aside prior to July 1, 2005, the commissioner must consider granting a variance pursuant to section 245C.30 for the license holder for a program dealing primarily with adults. A request for reconsideration evaluated under this paragraph must include a letter of recommendation from the license holder that was subject to the prior set-aside decision addressing the individual's quality of care to children or vulnerable adults and the circumstances of the individual's departure from that service.
(c) If an individual who requires a background study for nonemergency medical transportation services under section 245C.03, subdivision 12, was disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and if more than 40 years have passed since the discharge of the sentence imposed, the commissioner may consider granting a set-aside pursuant to section 245C.22. A request for reconsideration evaluated under this paragraph must include a letter of recommendation from the employer. This paragraph does not apply to a person disqualified based on a violation of sections 243.166; 609.185 to 609.205; 609.25; 609.342 to 609.3453; 609.352; 617.23, subdivision 2, clause (1), or 3, clause (1); 617.246; or 617.247.
(d) When a licensed foster care provider adopts an individual who had received foster care services from the provider for over six months, and the adopted individual is required to receive a background study under section 245C.03, subdivision 1, paragraph (a), clause (2) or (6), the commissioner may grant a variance to the license holder under section 245C.30 to permit the adopted individual with a permanent disqualification to remain affiliated with the license holder under the conditions of the variance when the variance is recommended by the county of responsibility for each of the remaining individuals in placement in the home and the licensing agency for the home.
(e) For an individual 18 years of age or older affiliated with a licensed family foster setting, the commissioner must not set aside or grant a variance for the disqualification of any individual disqualified pursuant to this chapter, regardless of how much time has passed, if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 4a, paragraphs (a) and (b).
(f) In connection with a family foster setting license, the commissioner may grant a variance to the disqualification for an individual who is under 18 years of age at the time the background study is submitted.
(g) In connection with
foster residence settings and children's residential facilities, the
commissioner must not set aside or grant a variance for the disqualification of
any individual disqualified pursuant to this chapter, regardless of how much
time has passed, if the individual was disqualified for a crime or conduct
listed in section 245C.15, subdivision 4a, paragraph (a) or (b).
Subd. 3. Protection-related rights. (a) A person's protection-related rights include the right to:
(1) have personal, financial, service, health, and medical information kept private, and be advised of disclosure of this information by the license holder;
(2) access records and recorded information about the person in accordance with applicable state and federal law, regulation, or rule;
(3) be free from maltreatment;
(4) be free from restraint, time out, seclusion, restrictive intervention, or other prohibited procedure identified in section 245D.06, subdivision 5, or successor provisions, except for: (i) emergency use of manual restraint to protect the person from imminent danger to self or others according to the requirements in section 245D.061 or successor provisions; or (ii) the use of safety interventions as part of a positive support transition plan under section 245D.06, subdivision 8, or successor provisions;
(5) receive services in a clean and safe environment when the license holder is the owner, lessor, or tenant of the service site;
(6) be treated with courtesy and respect and receive respectful treatment of the person's property;
(7) reasonable observance of cultural and ethnic practice and religion;
(8) be free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation;
(9) be informed of and use the license holder's grievance policy and procedures, including knowing how to contact persons responsible for addressing problems and to appeal under section 256.045;
(10) know the name, telephone number, and the website, email, and street addresses of protection and advocacy services, including the appropriate state-appointed ombudsman, and a brief description of how to file a complaint with these offices;
(11) assert these rights personally, or have them asserted by the person's family, authorized representative, or legal representative, without retaliation;
(12) give or withhold written informed consent to participate in any research or experimental treatment;
(13) associate with other persons of the person's choice in the community;
(14) personal privacy, including the right to use the lock on the person's bedroom or unit door;
(15) engage in chosen activities; and
(16) access to the person's personal possessions at any time, including financial resources.
(b) For a person residing in a residential site licensed according to chapter 245A, or where the license holder is the owner, lessor, or tenant of the residential service site, protection-related rights also include the right to:
(2) receive and send, without interference, uncensored, unopened mail or electronic correspondence or communication;
(3) have use of and free access to common areas in the residence and the freedom to come and go from the residence at will;
(4) choose the person's visitors and time of visits and have privacy for visits with the person's spouse, next of kin, legal counsel, religious adviser, or others, in accordance with section 363A.09 of the Human Rights Act, including privacy in the person's bedroom;
(5) have access to three nutritionally balanced meals and nutritious snacks between meals each day;
(6) have freedom and support to access food and potable water at any time;
(7) have the freedom to furnish and decorate the person's bedroom or living unit;
(8) a setting that is clean and free from accumulation of dirt, grease, garbage, peeling paint, mold, vermin, and insects;
(9) a setting that is free from hazards that threaten the person's health or safety; and
(10) a setting that meets the definition of a dwelling unit within a residential occupancy as defined in the State Fire Code.
(c) Restriction of a person's rights under paragraph (a), clauses (13) to (16), or paragraph (b), clauses (1) to (7), is allowed only if determined necessary to ensure the health, safety, and well-being of the person. Any restriction of those rights must be documented in the person's support plan or support plan addendum. The restriction must be implemented in the least restrictive alternative manner necessary to protect the person and provide support to reduce or eliminate the need for the restriction in the most integrated setting and inclusive manner. The documentation must include the following information:
(1) the justification for the restriction based on an assessment of the person's vulnerability related to exercising the right without restriction;
(2) the objective measures set as conditions for ending the restriction;
(3) a schedule for reviewing the need for the restriction based on the conditions for ending the restriction to occur semiannually from the date of initial approval, at a minimum, or more frequently if requested by the person, the person's legal representative, if any, and case manager; and
(4) signed and dated approval for the restriction from the person, or the person's legal representative, if any. A restriction may be implemented only when the required approval has been obtained. Approval may be withdrawn at any time. If approval is withdrawn, the right must be immediately and fully restored.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Subd. 4. Availability of current written policies and procedures. (a) The license holder must review and update, as needed, the written policies and procedures required under this chapter.
(b)(1) The license holder must inform the person, the person's legal representative, and the person's case manager of the policies and procedures affecting a person's rights under section 245D.04, and provide copies of those policies and procedures, within five working days of service initiation.
(2) If a license holder only provides basic services and supports, this includes the:
(i) grievance policy and
procedure required under subdivision 2; and
(ii) service suspension and
termination policy and procedure required under subdivision 3.; and
(iii) emergency use of
manual restraints policy and procedure required under section 245D.061,
subdivision 9, or successor provisions.
(3) For all other license holders this includes the:
(i) policies and procedures
in clause (2); and
(ii) emergency use of
manual restraints policy and procedure required under section 245D.061,
subdivision 9, or successor provisions; and
(iii) (ii) data
privacy requirements under section 245D.11, subdivision 3.
(c) The license holder must provide a written notice to all persons or their legal representatives and case managers at least 30 days before implementing any procedural revisions to policies affecting a person's service‑related or protection-related rights under section 245D.04 and maltreatment reporting policies and procedures. The notice must explain the revision that was made and include a copy of the revised policy and procedure. The license holder must document the reasonable cause for not providing the notice at least 30 days before implementing the revisions.
(d) Before implementing revisions to required policies and procedures, the license holder must inform all employees of the revisions and provide training on implementation of the revised policies and procedures.
(e) The license holder must annually notify all persons, or their legal representatives, and case managers of any procedural revisions to policies required under this chapter, other than those in paragraph (c). Upon request, the license holder must provide the person, or the person's legal representative, and case manager with copies of the revised policies and procedures.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 25. Minnesota Statutes 2024, section 256B.02, is amended by adding a subdivision to read:
Subd. 20. Fraud. "Fraud" means an intentional
deception or misrepresentation made by a person with the knowledge that the
deception could result in an unauthorized benefit to the person or another
person or an act, promise to act, or omission made with the intent to obtain a
benefit in a manner that is prohibited. Fraud
includes:
(1) submitting an
application for provider status knowing that the application misrepresents,
conceals, or fails to disclose any material information;
(2)
intentionally submitting a claim for reimbursement under this chapter, knowing
or having reason to know the claim is ineligible for reimbursement in whole or
in part;
(3) providing
documentation or other information requested by the commissioner having
knowledge that it is false in any material respect; and
(4) any act that
constitutes the commission, or attempt or conspiracy to commit, a violation of
any of the following:
(i) section 256.98
(wrongfully obtaining assistance);
(ii) section 609.466
(medical assistance fraud);
(iii) section 609.48
(perjury), involving making a false statement related to medical assistance or
the receipt of public money;
(iv) section 609.496
(concealing criminal proceeds) or 609.497 (engaging in business of concealing
criminal proceeds), involving proceeds consisting of public money;
(v) section 609.52
(theft), involving theft of property consisting of public money;
(vi) section 609.542
(illegal remuneration);
(vii) section 609.625
(aggravated forgery) or 609.63 (forgery), involving falsely filing any record,
account, or other document with any state agency or department or falsely
making or altering any record, account, or other document filed with any state agency
or department;
(viii) section 609.821
(financial transaction card fraud), involving a public assistance benefit;
(ix) a felony listed in
United States Code, title 42, section 1320a-7b(b)(1) or (2), subject to any
safe harbors established in Code of Federal Regulations, title 42, section
1001.952; and
(x) any other act that
constitutes fraud under applicable federal law.
Sec. 26. Minnesota Statutes 2024, section 256B.04, subdivision 10, is amended to read:
Subd. 10. Investigation
of certain claims. The
commissioner must establish by rule general criteria and procedures for the
identification and prompt investigation of suspected medical assistance fraud,
theft, abuse, presentment of false or duplicate claims, presentment of claims
for services not reasonable or medically necessary, or false statement
or representation of material facts by a vendor of medical care, and for the
imposition of sanctions against a vendor of medical care. The commissioner may use both prepayment
and postpayment review systems to review claims submitted by vendors. Payment of claims, including payments made
after a prepayment review, does not prohibit the commissioner from completing a
postpayment claims review and taking additional administrative actions or
monetary recovery against a vendor.
If it appears to the state agency that a vendor of medical care may have
acted in a manner warranting civil or criminal proceedings, it shall so inform
the attorney general in writing.
Subd. 21. Requirements for provider enrollment of personal care assistance provider agencies. (a) All personal care assistance provider agencies must provide, at the time of enrollment, reenrollment, and revalidation as a personal care assistance provider agency in a format determined by the commissioner, information and documentation that includes, but is not limited to, the following:
(1) the personal care assistance provider agency's current contact information including address, telephone number, and email address;
(2) proof of surety bond
coverage for each business location providing services. Upon new enrollment, or if the provider's
Medicaid revenue in the previous calendar year is up to and including $300,000,
the provider agency must purchase a surety bond of $50,000. If the Medicaid revenue in the previous year
is over $300,000, the provider agency must purchase a surety bond of $100,000. The surety bond must be in a form approved by
the commissioner, must be renewed purchased new annually, and
must allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary recovery or
sanctions from a surety bond must occur within six years from the date the debt
is affirmed by a final agency decision. An
agency decision is final when the right to appeal the debt has been exhausted
or the time to appeal has expired under section 256B.064;
(3) proof of fidelity bond coverage in the amount of $20,000 for each business location providing service;
(4) proof of workers' compensation insurance coverage identifying the business location where personal care assistance services are provided;
(5) proof of liability insurance coverage identifying the business location where personal care assistance services are provided and naming the department as a certificate holder;
(6) a copy of the personal care assistance provider agency's written policies and procedures including: hiring of employees; training requirements; service delivery; and employee and consumer safety including process for notification and resolution of consumer grievances, identification and prevention of communicable diseases, and employee misconduct;
(7) copies of all other forms the personal care assistance provider agency uses in the course of daily business including, but not limited to:
(i) a copy of the personal care assistance provider agency's time sheet if the time sheet varies from the standard time sheet for personal care assistance services approved by the commissioner, and a letter requesting approval of the personal care assistance provider agency's nonstandard time sheet;
(ii) the personal care assistance provider agency's template for the personal care assistance care plan; and
(iii) the personal care assistance provider agency's template for the written agreement in subdivision 20 for recipients using the personal care assistance choice option, if applicable;
(8) a list of all training and classes that the personal care assistance provider agency requires of its staff providing personal care assistance services;
(9) documentation that the personal care assistance provider agency and staff have successfully completed all the training required by this section, including the requirements under subdivision 11, paragraph (d), if enhanced personal care assistance services are provided and submitted for an enhanced rate under subdivision 17a;
(11) disclosure of ownership, leasing, or management of all residential properties that is used or could be used for providing home care services;
(12) documentation that the agency will use the following percentages of revenue generated from the medical assistance rate paid for personal care assistance services for employee personal care assistant wages and benefits: 72.5 percent of revenue in the personal care assistance choice option and 72.5 percent of revenue from other personal care assistance providers. The revenue generated by the qualified professional and the reasonable costs associated with the qualified professional shall not be used in making this calculation; and
(13) effective May 15, 2010, documentation that the agency does not burden recipients' free exercise of their right to choose service providers by requiring personal care assistants to sign an agreement not to work with any particular personal care assistance recipient or for another personal care assistance provider agency after leaving the agency and that the agency is not taking action on any such agreements or requirements regardless of the date signed.
(b) Personal care assistance provider agencies shall provide the information specified in paragraph (a) to the commissioner at the time the personal care assistance provider agency enrolls as a vendor or upon request from the commissioner. The commissioner shall collect the information specified in paragraph (a) from all personal care assistance providers beginning July 1, 2009.
(c) All personal care assistance provider agencies shall require all employees in management and supervisory positions and owners of the agency who are active in the day-to-day management and operations of the agency to complete mandatory training as determined by the commissioner before submitting an application for enrollment of the agency as a provider. All personal care assistance provider agencies shall also require qualified professionals to complete the training required by subdivision 13 before submitting an application for enrollment of the agency as a provider. Employees in management and supervisory positions and owners who are active in the day-to-day operations of an agency who have completed the required training as an employee with a personal care assistance provider agency do not need to repeat the required training if they are hired by another agency, if they have completed the training within the past three years. By September 1, 2010, the required training must be available with meaningful access according to title VI of the Civil Rights Act and federal regulations adopted under that law or any guidance from the United States Health and Human Services Department. The required training must be available online or by electronic remote connection. The required training must provide for competency testing. Personal care assistance provider agency billing staff shall complete training about personal care assistance program financial management. This training is effective July 1, 2009. Any personal care assistance provider agency enrolled before that date shall, if it has not already, complete the provider training within 18 months of July 1, 2009. Any new owners or employees in management and supervisory positions involved in the day-to-day operations are required to complete mandatory training as a requisite of working for the agency. Personal care assistance provider agencies certified for participation in Medicare as home health agencies are exempt from the training required in this subdivision. When available, Medicare-certified home health agency owners, supervisors, or managers must successfully complete the competency test.
(d) All surety bonds, fidelity bonds, workers' compensation insurance, and liability insurance required by this subdivision must be maintained continuously and purchased new annually. After initial enrollment, a provider must submit proof of bonds and required coverages at any time at the request of the commissioner. Services provided while there are lapses in coverage are not eligible for payment. Lapses in coverage may result in sanctions, including termination. The commissioner shall send instructions and a due date to submit the requested information to the personal care assistance provider agency.
Subd. 9. Provider qualifications and duties. A provider is eligible for reimbursement under this section only if the provider:
(1) is confirmed by the commissioner as an eligible provider after a pre-enrollment risk assessment under subdivision 10;
(2) is enrolled as a medical assistance Minnesota health care program provider and meets all applicable provider standards and requirements;
(3) demonstrates compliance with federal and state laws and policies for housing stabilization services as determined by the commissioner;
(4) complies with background study requirements under chapter 245C and maintains documentation of background study requests and results;
(5) provides at the time of
enrollment, reenrollment, and revalidation in a format determined by the
commissioner, proof of surety bond coverage for each business location
providing services. Upon new enrollment,
or if the provider's medical assistance revenue in the previous calendar year
is $300,000 or less, the provider agency must purchase a surety bond of $50,000. If the provider's medical assistance revenue
in the previous year is over $300,000, the provider agency must purchase a
surety bond of $100,000. The surety bond
must be in a form approved by the commissioner, must be renewed purchased
new annually, and must allow for recovery of costs and fees in pursuing a
claim on the bond. Any action to obtain
monetary recovery or sanctions from a surety bond must occur within six years
from the date the debt is affirmed by a final agency decision. An agency decision is final when the right to
appeal the debt has been exhausted or the time to appeal has expired under
section 256B.064;
(6) ensures all controlling individuals and employees of the agency complete annual vulnerable adult training;
(7) completes compliance training as required under subdivision 11; and
(8) complies with the habitability inspection requirements in subdivision 13.
Sec. 29. Minnesota Statutes 2024, section 256B.27, subdivision 3, is amended to read:
Subd. 3. Access
to medical records. The commissioner
of human services, with the written consent of the recipient, on file with the
local welfare agency, shall be allowed access in the manner and within the time
prescribed by the commissioner to all personal medical records of medical assistance
recipients solely for the purposes of investigating whether or not: (a) a vendor of medical care has submitted a
claim for reimbursement, a cost report or a rate application which is
duplicative, erroneous, or false in whole or in part, or which results in the
vendor obtaining greater compensation than the vendor is legally entitled to;
or (b) the medical care was medically necessary. When the commissioner is investigating a
possible overpayment of Medicaid funds, The commissioner may conduct
on-site inspections of any and all vendors and service locations or may request
records from a vendor to verify that information submitted to the commissioner
is accurate, determine compliance with service delivery and billing
requirements, and determine compliance with any other applicable laws or rules. The commissioner must be given immediate
access without prior notice to the vendor's office during regular business
hours and to documentation and records related to services provided and
submission of claims for services provided.
The department shall document in writing the need for immediate access
to records related to a specific investigation.
Denying the commissioner access to records is cause for the vendor's
immediate suspension of payment or termination according to section 256B.064. The determination of provision of services
not medically necessary shall be made by the commissioner. Notwithstanding any other law to the
contrary, a vendor of medical care shall not be subject to any civil or
criminal liability for providing access to medical records to the commissioner
of human services pursuant to this section.
Subd. 12. Requirements for enrollment of CFSS agency-providers. (a) All CFSS agency-providers must provide, at the time of enrollment, reenrollment, and revalidation as a CFSS agency-provider in a format determined by the commissioner, information and documentation that includes but is not limited to the following:
(1) the CFSS agency-provider's current contact information including address, telephone number, and email address;
(2) proof of surety bond
coverage. Upon new enrollment, or if the
agency-provider's Medicaid revenue in the previous calendar year is less than
or equal to $300,000, the agency-provider must purchase a surety bond of
$50,000. If the agency-provider's
Medicaid revenue in the previous calendar year is greater than $300,000, the
agency-provider must purchase a surety bond of $100,000. The surety bond must be in a form approved by
the commissioner, must be renewed purchased new annually, and
must allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary recovery or
sanctions from a surety bond must occur within six years from the date the debt
is affirmed by a final agency decision. An
agency decision is final when the right to appeal the debt has been exhausted
or the time to appeal has expired under section 256B.064;
(3) proof of fidelity bond coverage in the amount of $20,000 per provider location;
(4) proof of workers' compensation insurance coverage;
(5) proof of liability insurance;
(6) a copy of the CFSS agency-provider's organizational chart identifying the names and roles of all owners, managing employees, staff, board of directors, and additional documentation reporting any affiliations of the directors and owners to other service providers;
(7) proof that the CFSS agency-provider has written policies and procedures including: hiring of employees; training requirements; service delivery; and employee and consumer safety, including the process for notification and resolution of participant grievances, incident response, identification and prevention of communicable diseases, and employee misconduct;
(8) proof that the CFSS agency-provider has all of the following forms and documents:
(i) a copy of the CFSS agency-provider's time sheet; and
(ii) a copy of the participant's individual CFSS service delivery plan;
(9) a list of all training and classes that the CFSS agency-provider requires of its staff providing CFSS services;
(10) documentation that the CFSS agency-provider and staff have successfully completed all the training required by this section;
(11) documentation of the agency-provider's marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties that are used or could be used for providing home care services;
(13) documentation that the agency-provider will use at least the following percentages of revenue generated from the medical assistance rate paid for CFSS services for CFSS support worker wages and benefits: 72.5 percent of revenue from CFSS providers, except 100 percent of the revenue generated by a medical assistance rate increase
(14) documentation that the agency-provider does not burden participants' free exercise of their right to choose service providers by requiring CFSS support workers to sign an agreement not to work with any particular CFSS participant or for another CFSS agency-provider after leaving the agency and that the agency is not taking action on any such agreements or requirements regardless of the date signed.
(b) CFSS agency-providers shall provide to the commissioner the information specified in paragraph (a).
(c) All CFSS agency-providers shall require all employees in management and supervisory positions and owners of the agency who are active in the day-to-day management and operations of the agency to complete mandatory training as determined by the commissioner. Employees in management and supervisory positions and owners who are active in the day-to-day operations of an agency who have completed the required training as an employee with a CFSS agency-provider do not need to repeat the required training if they are hired by another agency and they have completed the training within the past three years. CFSS agency-provider billing staff shall complete training about CFSS program financial management. Any new owners or employees in management and supervisory positions involved in the day-to-day operations are required to complete mandatory training as a requisite of working for the agency.
(d) Agency-providers shall submit all required documentation in this section within 30 days of notification from the commissioner. If an agency-provider fails to submit all the required documentation, the commissioner may take action under subdivision 23a.
Sec. 31. Minnesota Statutes 2025 Supplement, section 256B.85, subdivision 17a, is amended to read:
Subd. 17a. Consultation services provider qualifications and requirements. Consultation services providers must meet the following qualifications and requirements:
(1) meet the requirements under subdivision 10, paragraph (a), excluding clauses (4) and (5);
(2) be under contract with the department and enrolled as a Minnesota health care program provider;
(3) not be the FMS provider, the lead agency, or the CFSS or home and community-based services waiver vendor or agency-provider to the participant;
(4) meet the service standards as established by the commissioner;
(5) have proof of surety
bond coverage. Upon new enrollment, or
if the consultation service provider's Medicaid revenue in the previous
calendar year is less than or equal to $300,000, the consultation service
provider must purchase a surety bond of $50,000. If the agency-provider's Medicaid revenue in
the previous calendar year is greater than $300,000, the consultation service
provider must purchase a surety bond of $100,000. The surety bond must be in a form approved by
the commissioner, must be renewed purchased new annually, and
must allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary recovery or
sanctions from a surety bond must occur within six years from the date the debt
is affirmed by a final agency decision. An
agency decision is final when the right to appeal the debt has been exhausted
or the time to appeal has expired under section 256B.064;
(7) report maltreatment as required under chapter 260E and section 626.557;
(8) comply with medical assistance provider requirements;
(9) understand the CFSS program and its policies;
(10) be knowledgeable about self-directed principles and the application of the person-centered planning process;
(11) have general knowledge of the FMS provider duties and the vendor fiscal/employer agent model, including all applicable federal, state, and local laws and regulations regarding tax, labor, employment, and liability and workers' compensation coverage for household workers; and
(12) have all employees, including lead professional staff, staff in management and supervisory positions, and owners of the agency who are active in the day-to-day management and operations of the agency, complete training as specified in the contract with the department.
Sec. 32. Minnesota Statutes 2025 Supplement, section 260E.03, subdivision 6, is amended to read:
Subd. 6. Facility. "Facility" means:
(1) a licensed or unlicensed day care facility, certified license-exempt child care center, residential facility, agency, psychiatric residential treatment facility, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 142B, 142C, 144H, or 245D;
(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or
(3) a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a.
Sec. 33. Minnesota Statutes 2025 Supplement, section 260E.11, subdivision 1, is amended to read:
Subdivision 1. Reports
of maltreatment in facility. A
person mandated to report child maltreatment occurring within a licensed
facility shall must report the information to the agency
responsible for licensing or certifying the facility under sections 144.50 to
144.58, 241.021, and 245A.01 to 245A.16 or chapter 142B, 142C, 144H, or 245D or
to a nonlicensed personal care provider organization as defined in section
256B.0625, subdivision 19a. A person
mandated to report child maltreatment occurring within a federally certified
psychiatric residential treatment facility must report the information to the
Department of Health.
Sec. 34. Minnesota Statutes 2025 Supplement, section 260E.14, subdivision 1, is amended to read:
Subdivision 1. Facilities and schools. (a) The local welfare agency is the agency responsible for investigating allegations of maltreatment in child foster care, family child care, legally nonlicensed child care, and reports involving children served by an unlicensed personal care provider organization under section 256B.0659. Copies of findings related to personal care provider organizations under section 256B.0659 must be forwarded to the Department of Human Services provider enrollment.
(c) The Department of
Health is the agency responsible for screening and investigating allegations of
maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43
to 144A.482 or, chapter 144H, or federally certified as a
psychiatric residential treatment facility.
(d) The Department of Education is the agency responsible for screening and investigating allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E. The Department of Education's responsibility to screen and investigate includes allegations of maltreatment involving students 18 through 21 years of age, including students receiving special education services, up to and including graduation and the issuance of a secondary or high school diploma.
(e) The Department of Human Services is the agency responsible for screening and investigating allegations of maltreatment of minors in an EIDBI agency operating under sections 245A.142 and 256B.0949.
(f) A health or corrections agency receiving a report may request the local welfare agency to provide assistance pursuant to this section and sections 260E.20 and 260E.22.
(g) The Department of Children, Youth, and Families is the agency responsible for screening and investigating allegations of maltreatment in facilities or programs not listed in paragraph (a) that are licensed or certified under chapters 142B and 142C.
Sec. 35. Minnesota Statutes 2025 Supplement, section 626.5572, subdivision 13, is amended to read:
Subd. 13. Lead investigative agency. "Lead investigative agency" is the primary administrative agency responsible for investigating reports made under section 626.557.
(a) The Department of Health is the lead investigative agency for facilities or services licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding care homes, hospice providers, residential facilities that are also federally certified as intermediate care facilities that serve people with developmental disabilities, federally certified psychiatric residential treatment facilities, or any other facility or service not listed in this subdivision that is licensed or required to be licensed by the Department of Health for the care of vulnerable adults. "Home care provider" has the meaning provided in section 144A.43, subdivision 4, and applies when care or services are delivered in the vulnerable adult's home.
(b) The Department of Human Services is the lead investigative agency for facilities or services licensed or required to be licensed as adult day care, adult foster care, community residential settings, programs for people with disabilities, EIDBI agencies, family adult day services, mental health programs, mental health clinics, substance use disorder programs, the Minnesota Sex Offender Program, or any other facility or service not listed in this subdivision that is licensed or required to be licensed by the Department of Human Services, except federally certified psychiatric residential treatment facilities. The Department of Human Services is also the lead investigative agency for unlicensed EIDBI agencies under section 256B.0949.
(c) The county social service agency or its designee is the lead investigative agency for all other reports, including but not limited to reports involving vulnerable adults receiving services from a personal care provider organization under section 256B.0659.
By March 1, 2027, the
commissioner of human services and counties must conduct new background studies
for all individuals specified under Minnesota Statutes, section 245C.03,
subdivision 1, paragraph (a), clauses (2) to (6), and affiliated with a child foster
family setting license holder, adult foster care or family adult day services
and with a family child care license holder, or a legal nonlicensed child care
provider authorized under Minnesota Statutes, chapter 142E. The commissioner and counties must follow the
requirements in Minnesota Statutes, section 245C.04, subdivision 1, paragraphs
(e) and (f), when conducting the background studies under this section. The new background studies must be submitted
through NETStudy 2.0.
EFFECTIVE DATE. This
section is effective September 1, 2026.
Sec. 37. REPEALER.
(a) Minnesota Statutes
2025 Supplement, section 245A.10, subdivision 3a, is repealed.
(b) Minnesota Rules,
part 9505.2165, subpart 4, is repealed.
EFFECTIVE DATE. Paragraph
(a) is effective October 1, 2026.
ARTICLE 5
BACKGROUND STUDIES
Section 1. Minnesota Statutes 2025 Supplement, section 245C.02, subdivision 15a, is amended to read:
Subd. 15a. Reasonable cause to require a national criminal history record check. (a) "Reasonable cause to require a national criminal history record check" means information or circumstances exist that provide the commissioner with articulable suspicion that further pertinent information may exist concerning a background study subject that merits conducting a national criminal history record check on that subject. The commissioner has reasonable cause to require a national criminal history record check when:
(1) information from the Bureau of Criminal Apprehension indicates that the subject is a multistate offender;
(2) information from the Bureau of Criminal Apprehension indicates that multistate offender status is undetermined;
(3) the commissioner has received a report from the subject or a third party indicating that the subject has a criminal history in a jurisdiction other than Minnesota; or
(4) information from the Bureau of Criminal Apprehension for a state-based name and date of birth background study in which the subject is a minor that indicates that the subject has a criminal history.
(b) In addition to the circumstances described in paragraph (a), the commissioner has reasonable cause to require a national criminal history record check if the subject is not currently residing in Minnesota or resided in a jurisdiction other than Minnesota during the previous five years.
(c) Reasonable cause to
require a national criminal history check does not apply to family child foster
care or, adoption, family adult day services, or adult foster
care studies.
EFFECTIVE DATE. This
section is effective January 25, 2028.
Subd. 3a. Personal care assistance provider agency; background studies. Personal care assistance provider agencies enrolled to provide personal care assistance services under the medical assistance program must meet the following requirements:
(1) owners who have a five percent interest or more, board members, and all managing employees are subject to a background study as provided in this chapter. This requirement applies to currently enrolled personal care assistance provider agencies and agencies seeking enrollment as a personal care assistance provider agency. "Managing employee" has the same meaning as in Code of Federal Regulations, title 42, section 455.101. An organization is barred from enrollment if:
(i) the organization has not initiated background studies of owners and managing employees; or
(ii) the organization has initiated background studies of owners and managing employees and the commissioner has sent the organization a notice that an owner or managing employee of the organization has been disqualified under section 245C.14, and the owner or managing employee has not received a set aside of the disqualification under section 245C.22; and
(2) a background study must be initiated and completed for all employee and volunteer qualified professionals.
EFFECTIVE DATE. This
section is effective September 15, 2026.
Sec. 3. Minnesota Statutes 2024, section 245C.03, subdivision 9, is amended to read:
Subd. 9. Community first services and supports and financial management services organizations. Individuals affiliated with Community First Services and Supports (CFSS) agency-providers and Financial Management Services (FMS) providers enrolled to provide CFSS services under the medical assistance program must meet the following requirements:
(1) owners who have a five percent interest or more, board members, and all managing employees are subject to a background study under this chapter. This requirement applies to currently enrolled providers and agencies seeking enrollment. "Managing employee" has the meaning given in Code of Federal Regulations, title 42, section 455.101. An organization is barred from enrollment if:
(i) the organization has not initiated background studies of owners and managing employees; or
(ii) the organization has initiated background studies of owners and managing employees and the commissioner has sent the organization a notice that an owner or managing employee of the organization has been disqualified under section 245C.14 and the owner or managing employee has not received a set aside of the disqualification under section 245C.22;
(2) a background study must
be initiated and completed for all staff employees or volunteers
who will have direct contact with the participant to provide worker training
and development; and
(3) a background study must be initiated and completed for all employee and volunteer support workers.
EFFECTIVE DATE. This
section is effective September 15, 2026.
Subd. 17. Providers
of adult rehabilitative mental health services. The commissioner must conduct
background studies on any individual who is an owner with an ownership stake of
at least five percent in an adult rehabilitative mental health services
provider, an operator of an adult rehabilitative mental health services provider,
or an employee or volunteer who has direct contact with people receiving adult
rehabilitative mental health services under section 256B.0623. For purposes of this subdivision, operator
includes board members or other individuals who oversee the billing,
management, or policies of the services provided.
EFFECTIVE DATE. This
section is effective upon implementation in NETStudy 2.0, but no sooner than
October 13, 2026.
Sec. 5. Minnesota Statutes 2024, section 245C.03, is amended by adding a subdivision to read:
Subd. 18. Providers
of peer recovery support services. The
commissioner shall conduct background studies on any individual who is an owner
with an ownership stake of at least five percent in a peer recovery support
services provider or an operator of a peer recovery support services provider
under section 254B.052. For the purposes
of this subdivision, "operator" includes board members or other
individuals who oversee the billing, management, or policies of the services
provided.
EFFECTIVE DATE. This
section is effective upon implementation in NETStudy 2.0, but no sooner than
December 15, 2026.
Sec. 6. Minnesota Statutes 2024, section 245C.03, is amended by adding a subdivision to read:
Subd. 19. Providers
of adult assertive community treatment services. The commissioner must conduct
background studies on any individual who is an owner with an ownership stake of
at least five percent in an adult assertive community treatment services
provider, an operator of an adult assertive community treatment services
provider, or an employee or volunteer who has direct contact with people
receiving adult assertive community treatment services under section 256B.0622. For purposes of this subdivision,
"operator" includes board members or other individuals who oversee
the billing, management, or policies of the services provided.
EFFECTIVE DATE. This
section is effective upon implementation in NETStudy 2.0, but no sooner than
February 16, 2027.
Sec. 7. Minnesota Statutes 2025 Supplement, section 245C.05, subdivision 5, is amended to read:
Subd. 5. Fingerprints and photograph. (a) Notwithstanding paragraph (c), for background studies conducted by the commissioner for current or prospective child foster or adoptive parents, and for any adult working in a children's residential facility, the subject of the background study shall provide the commissioner with a set of classifiable fingerprints obtained from an authorized agency for a national criminal history record check.
(b) Notwithstanding paragraph (c), for background studies conducted by the commissioner for Head Start programs, the subject of the background study shall provide the commissioner with a set of classifiable fingerprints obtained from an authorized agency for a national criminal history record check.
(c) For background studies initiated on or after the implementation of NETStudy 2.0, except as provided under subdivision 5a, every subject of a background study must provide the commissioner with a set of the background study subject's classifiable fingerprints and photograph. The photograph and fingerprints must be recorded at the same time by the authorized fingerprint collection vendor or vendors and sent to the commissioner through the commissioner's secure data system described in section 245C.32, subdivision 1a, paragraph (b).
(e) The fingerprints must not be retained by the Department of Public Safety, Bureau of Criminal Apprehension, or the commissioner. The Federal Bureau of Investigation will not retain background study subjects' fingerprints.
(f) The authorized fingerprint collection vendor or vendors shall, for purposes of verifying the identity of the background study subject, be able to view the identifying information entered into NETStudy 2.0 by the entity that initiated the background study, but shall not retain the subject's fingerprints, photograph, or information from NETStudy 2.0. The authorized fingerprint collection vendor or vendors shall retain no more than the name and date and time the subject's fingerprints were recorded and sent, only as necessary for auditing and billing activities.
(g) For any background
study conducted under this chapter, except for family child foster care or,
adoption, family adult day services, or adult foster care studies, the
subject shall provide the commissioner with a set of classifiable fingerprints
when the commissioner has reasonable cause to require a national criminal
history record check as defined in section 245C.02, subdivision 15a.
EFFECTIVE DATE. This
section is effective January 25, 2028.
Sec. 8. Minnesota Statutes 2025 Supplement, section 245C.13, subdivision 2, is amended to read:
Subd. 2. Activities pending completion of background study. The subject of a background study may not perform any activity requiring a background study under paragraph (c) until the commissioner has issued one of the notices under paragraph (a).
(a) Notices from the commissioner required prior to activity under paragraph (c) include:
(1) a notice of the study results under section 245C.17 stating that:
(i) the individual is not disqualified; or
(ii) more time is needed to complete the study but the individual is not required to be removed from direct contact or access to people receiving services prior to completion of the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice that more time is needed to complete the study must also indicate whether the individual is required to be under continuous direct supervision prior to completion of the background study. When more time is necessary to complete a background study of an individual affiliated with a Title IV-E eligible children's residential facility or foster residence setting, the individual may not work in the facility or setting regardless of whether or not the individual is supervised;
(2) a notice that a disqualification has been set aside under section 245C.23; or
(3) a notice that a variance has been granted related to the individual under section 245C.30.
(b) For a background study affiliated with a licensed child care center or certified license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii), must not be issued until the commissioner receives a qualifying result for the individual for the fingerprint-based national criminal history record check or the fingerprint‑based criminal history information from the Bureau of Criminal Apprehension. The notice must require the individual to be under continuous direct supervision prior to completion of the remainder of the background study except as permitted in subdivision 3.
(1) being issued a license;
(2) living in the household where the licensed program will be provided;
(3) providing direct contact services to persons served by a program unless the subject is under continuous direct supervision;
(4) having access to
persons receiving services if the background study was completed under section
144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause
(2), (5), or (6), unless the subject is under continuous direct
supervision;
(5) for licensed child care centers and certified license-exempt child care centers, providing direct contact services to persons served by the program;
(6) for children's
residential facilities or foster residence settings, working in the facility or
setting; or
(7) for background studies
affiliated with a personal care provider organization, except as provided in
section 245C.03, subdivision 3b, early intensive developmental and
behavioral intervention provider, housing support or supplementary services
provider, special transportation services provider, or community first services
and supports provider before a personal care assistant an
individual provides services, the personal care assistance provider
agency entity must initiate a background study of the personal
care assistant individual under this chapter and the personal
care assistance provider agency entity must have received a notice
from the commissioner that the personal care assistant individual
is:
(i) not disqualified under section 245C.14; or
(ii) disqualified, but the personal
care assistant individual has received a set aside of the
disqualification under section 245C.22; or.
(8) for background
studies affiliated with an early intensive developmental and behavioral
intervention provider, before an individual provides services, the early
intensive developmental and behavioral intervention provider must initiate a
background study for the individual under this chapter and the early intensive
developmental and behavioral intervention provider must have received a notice
from the commissioner that the individual is:
(i) not disqualified
under section 245C.14; or
(ii) disqualified, but
the individual has received a set-aside of the disqualification under section
245C.22.
EFFECTIVE DATE. This
section is effective September 15, 2026.
Sec. 9. Minnesota Statutes 2025 Supplement, section 245C.16, subdivision 1, is amended to read:
Subdivision 1. Determining immediate risk of harm. (a) If the commissioner determines that the individual studied has a disqualifying characteristic, the commissioner shall review the information immediately available and make a determination as to the subject's immediate risk of harm to persons served by the program where the individual studied will have direct contact with, or access to, people receiving services.
(1) the recency of the disqualifying characteristic;
(2) the recency of discharge from probation for the crimes;
(3) the number of disqualifying characteristics;
(4) the intrusiveness or violence of the disqualifying characteristic;
(5) the vulnerability of the victim involved in the disqualifying characteristic;
(6) the similarity of the victim to the persons served by the program where the individual studied will have direct contact;
(7) whether the individual has a disqualification from a previous background study that has not been set aside;
(8) if the individual has a disqualification which may not be set aside because it is a permanent bar under section 245C.24, subdivision 1, or the individual is a child care background study subject who has a felony-level conviction for a drug-related offense in the last five years, the commissioner may order the immediate removal of the individual from any position allowing direct contact with, or access to, persons receiving services from the program and from working in a children's residential facility or foster residence setting; and
(9) if the individual has a disqualification which may not be set aside because it is a permanent bar under section 245C.24, subdivision 2, or the individual is a child care background study subject who has a felony-level conviction for a drug-related offense during the last five years, the commissioner may order the immediate removal of the individual from any position allowing direct contact with or access to persons receiving services from the center and from working in a licensed child care center or certified license-exempt child care center.
(c) This section does not apply when the subject of a background study is regulated by a health-related licensing board as defined in chapter 214, and the subject is determined to be responsible for substantiated maltreatment under section 626.557 or chapter 260E.
(d) This section does not apply to a background study related to an initial application for a child foster family setting license.
(e) Except for paragraph
(f), this section does not apply to a background study that is also subject to
the requirements under section 256B.0659, subdivisions 11 and 13, for a
personal care assistant or a qualified professional as defined in section
256B.0659, subdivision 1, or to a background study for an individual providing
early intensive developmental and behavioral intervention services under
section 256B.0949 245C.13, subdivision 2, paragraph (c), clause (7).
(f) If the commissioner has reason to believe, based on arrest information or an active maltreatment investigation, that an individual poses an imminent risk of harm to persons receiving services, the commissioner may order that the person be continuously supervised or immediately removed pending the conclusion of the maltreatment investigation or criminal proceedings.
EFFECTIVE DATE. This
section is effective September 15, 2026.
BEHAVIORAL HEALTH
Section 1. Minnesota Statutes 2024, section 245.4661, is amended by adding a subdivision to read:
Subd. 1a. Direct
payment. For purposes of this
section, "direct payment" means a funding mechanism used by the
commissioner to distribute state appropriations to a county or Tribe for the
purpose of carrying out duties, services, or activities authorized under this
section. A direct payment is not a grant
under section 16B.97 and is not subject to statewide grant-making policies and
laws, including but not limited to sections 16A.15 and 16C.05, except as
specifically required by the commissioner.
A direct payment must be used for the purposes and allowable activities
established by the commissioner and is subject to financial oversight,
reporting, and monitoring requirements under subdivision 11.
Sec. 2. Minnesota Statutes 2024, section 245.4661, is amended by adding a subdivision to read:
Subd. 3a. Authority
and rulemaking. (a) The
commissioner may distribute money under this section through direct payments to
counties or Tribes when the commissioner determines that a direct payment is
the most effective and efficient method to support the delivery of adult mental
health services, Tribal government activities, or county responsibilities under
this section. The commissioner shall
establish eligibility criteria, allowable uses, documentation standards, and
reporting requirements for recipients of direct payments. The commissioner is authorized to engage in
rulemaking to fulfill the requirements of this subdivision.
(b) By January 1, 2027,
the commissioner must submit a report to the chairs and ranking minority
members of the legislative committees with jurisdiction over human services
finance and policy that includes, at a minimum, the commissioner's plan for
determining direct payment eligibility criteria, allowable uses of direct
payments, documentation standards, and reporting requirements for recipients of
direct payments.
Sec. 3. Minnesota Statutes 2025 Supplement, section 245.4661, subdivision 9, is amended to read:
Subd. 9. Programs
and eligible services and programs.
(a) The following three distinct grant programs are funded
may receive direct payments under this section:
(1) mental health crisis services;
(2) housing with supports for adults with serious mental illness; and
(3) projects for assistance in transitioning from homelessness (PATH program).
(b) In addition, The
following services are eligible for grant funds funding as
direct payments under this section as the payor of last resort:
(1) community education and prevention;
(2) client outreach;
(3) early identification and intervention;
(4) adult outpatient diagnostic assessment and psychological testing;
(5) peer support services;
(7) adult residential crisis stabilization;
(8) supported employment;
(9) assertive community treatment (ACT);
(10) housing subsidies;
(11) basic living, social skills, and community intervention;
(12) emergency response services;
(13) adult outpatient psychotherapy;
(14) adult outpatient medication management;
(15) adult mobile crisis services, including the purchase and renovation of vehicles by mobile crisis teams in order to provide protected transport under section 256B.0625, subdivision 17, paragraph (l), clause (6);
(16) adult day treatment;
(17) partial hospitalization;
(18) adult residential treatment;
(19) adult mental health targeted case management; and
(20) transportation.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2024, section 245.4661, subdivision 10, is amended to read:
Subd. 10. Commissioner
duty to report on use of grant funds biennially. (a) By November 1, 2016, and biennially
thereafter, the commissioner of human services shall provide sufficient
information to the members of the legislative committees having jurisdiction
over mental health funding and policy issues to evaluate the use of funds
appropriated under this section. The
commissioner shall provide, at a minimum, the following information:
(1) the amount of funding to adult mental health initiatives, what programs and services were funded in the previous two years, gaps in services that each initiative brought to the attention of the commissioner, and outcome data for the programs and services that were funded; and
(2) the amount of funding for other targeted services and the location of services.
(b) This subdivision expires January 1, 2032.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Subd. 12. Oversight
of direct payments. (a) The
commissioner shall develop and maintain monitoring, financial review, and
accountability procedures for all direct payments issued under this section.
(b) Recipients of direct
payments must comply with all documentation, reporting, and expenditure
requirements established by the commissioner.
(c) The commissioner may
require corrective action, suspend payments, or recover money if a recipient
fails to comply with requirements established under this subdivision.
(d) The commissioner
shall develop a direct payment acknowledgment process to ensure that recipients
understand the terms, conditions, and oversight requirements associated with
direct payments.
(e) The commissioner is
authorized to engage in rulemaking to fulfill the requirements of this
subdivision.
(f) By January 1, 2027,
the commissioner must submit a report to the chairs and ranking minority
members of the legislative committees with jurisdiction over human services
finance and policy that, at a minimum, describes the commissioner's development
of the monitoring, financial review, and accountability procedures as required
under this section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 6. Minnesota Statutes 2024, section 254A.03, subdivision 2, is amended to read:
Subd. 2. American Indian programs. There is hereby created a section of American Indian programs, within the Alcohol and Drug Abuse Section of the Department of Human Services, to be headed by a special assistant for American Indian programs on substance misuse and substance use disorder and two assistants to that position. The section shall be staffed with all personnel necessary to fully administer programming for substance misuse and substance use disorder services for American Indians in the state. The special assistant position shall be filled by a person with considerable practical experience in and understanding of substance misuse and substance use disorder in the American Indian community, who shall be responsible to the director of the Alcohol and Drug Abuse Section created in subdivision 1 and shall be in the unclassified service. The special assistant shall meet and consult with the American Indian Advisory Council as described in section 254A.035 and serve as a liaison to the Minnesota Indian Affairs Council and tribes to report on the status of substance misuse and substance use disorder among American Indians in the state of Minnesota. The special assistant with the approval of the director shall:
(1) administer direct payments using funds appropriated for American Indian groups, organizations and reservations within the state for American Indian substance misuse and substance use disorder programs;
(2) establish policies and procedures for such American Indian programs with the assistance of the American Indian Advisory Board; and
(3) hire and supervise staff to assist in the administration of the American Indian program section within the Alcohol and Drug Abuse Section of the Department of Human Services.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Subd. 5. Tribal allocation. The commissioner may make direct payments to Tribal Nation servicing agencies from money allocated under this section to support individuals with substance use disorders and determine eligibility for behavioral health fund payments. The payment must not be less than 133 percent of the Tribal Nations payment for the fiscal year ending June 30, 2009, adjusted in proportion to the statewide change in the appropriation for this chapter.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 8. Minnesota Statutes 2025 Supplement, section 254B.0503, subdivision 1, is amended to read:
Subdivision 1. Eligible vendor requirements. (a) Vendors of room and board are eligible for behavioral health fund payment if the vendor:
(1) has rules prohibiting residents bringing chemicals into the facility or using chemicals while residing in the facility and provide consequences for infractions of those rules;
(2) is determined to meet applicable health and safety requirements;
(3) is not a jail or prison;
(4) is not concurrently receiving funds under chapter 256I for the recipient;
(5) admits individuals who are 18 years of age or older;
(6) is registered as a board and lodging or lodging establishment according to section 157.17;
(7) has awake staff on site whenever a client is present;
(8) has staff who are at least 18 years of age and meet the requirements of section 245G.11, subdivision 1, paragraph (b);
(9) has emergency behavioral procedures that meet the requirements of section 245G.16;
(10) meets the requirements of section 245G.08, subdivision 5, if administering medications to clients;
(11) meets the abuse prevention requirements of section 245A.65, including a policy on fraternization and the mandatory reporting requirements of section 626.557;
(12) documents coordination with the treatment provider to ensure compliance with section 254B.03, subdivision 2;
(13) protects client funds and ensures freedom from exploitation by meeting the provisions of section 245A.04, subdivision 13;
(14) has a grievance procedure that meets the requirements of section 245G.15, subdivision 2; and
(15) has sleeping and bathroom facilities for men and women separated by a door that is locked, has an alarm, or is supervised by awake staff.
(c) Programs providing children's residential services under section 245.4882, except services for individuals who have a placement under chapter 260C or 260D, are eligible vendors of room and board.
(d) A vendor that is not licensed as a residential treatment program must have a policy to address staffing coverage when a client may unexpectedly need to be present at the room and board site.
(e) No new vendors for room
and board services may be approved after June 30, 2025, to receive payments
from the behavioral health fund, under the provisions of section 254B.04,
subdivision 2a. Room and board vendors
that were approved and operating prior to July 1, 2025, may continue to receive
payments from the behavioral health fund for services provided until June
30, 2027 December 31, 2026. Room
and board vendors providing services in accordance with section 254B.04,
subdivision 2a, will no longer be eligible to claim reimbursement for room and
board services provided on or after July January 1, 2027.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2025 Supplement, section 254B.0505, is amended by adding a subdivision to read:
Subd. 9. Billing
limits. Treatment
coordination must not exceed five hours per week per recipient.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 10. Minnesota Statutes 2025 Supplement, section 254B.0509, subdivision 2, is amended to read:
Subd. 2. Annual
adjustments. Effective January 1,
2027, and annually thereafter, the commissioner of human services must adjust
the payment rates under subdivision 1 section 254B.0505, subdivision
1, clauses (1) to (9), according to the change from the midpoint of the
previous rate year to the midpoint of the rate year for which the rate is being
determined using the Centers for Medicare and Medicaid Services Medicare
Economic Index as forecasted in the fourth quarter of the calendar year before
the rate year. Notwithstanding this
subdivision, rates must not be adjusted lower than those established on January
1, 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2024, section 254B.17, is amended to read:
254B.17 WITHDRAWAL MANAGEMENT START-UP AND CAPACITY-BUILDING GRANTS.
The commissioner must
establish start-up and capacity-building grants for prospective or,
new, or existing substance use disorder treatment or withdrawal
management programs licensed under chapter 245F that will meet ASAM
criteria for medically monitored managed or clinically
monitored levels of care by integrating withdrawal management services into
outpatient, intensive outpatient, or residential treatment services. Grants must be used to measurably increase
client capacity or expand available services and must align services with ASAM
criteria. Grants may be used to
add medications for opioid use disorder to a grantee's available services and
for capacity‑building expenses that are not reimbursable under Minnesota
health care programs, including but not limited to:
(1) costs associated with hiring staff or contracting with medical services providers;
(2) costs associated with staff retention;
(4) the purchase of software;
(5) costs associated with obtaining applicable and required licenses;
(6) business formation costs;
(7) costs associated with
staff training; and
(8) the purchase of medical
equipment and supplies necessary to meet health and safety requirements.;
(9) costs associated
with adding or improving physical space;
(10) start-up costs
associated with adding new locations; and
(11) costs associated
with becoming ASAM certified for medically managed levels of care.
Sec. 12. Minnesota Statutes 2024, section 256B.04, subdivision 23, is amended to read:
Subd. 23. Medical
assistance costs for certain inmates. (a)
The commissioner shall execute an interagency agreement with the commissioner
of corrections to recover the state cost attributable to medical assistance
eligibility for inmates of public institutions admitted to a medical
institution on an inpatient basis. The
annual amount to be transferred from the Department of Corrections under the
agreement must include all eligible state medical assistance costs, including
administrative costs incurred by the Department of Human Services, attributable
to inmates under state and county jurisdiction admitted to medical institutions
on an inpatient basis that are related to the implementation of section
256B.055, subdivision 14, paragraph (c).
This paragraph expires upon the effective date of paragraph (b).
(b) Effective January 1,
2028, or upon federal approval, whichever is later, the commissioner shall
execute an interagency agreement with the commissioner of corrections to
recover the state cost attributable to medical assistance eligibility for
inmates of public institutions admitted to a medical institution on an
inpatient basis. The annual amount to be
transferred from the Department of Corrections under the agreement must include
all eligible state medical assistance costs, including administrative costs
incurred by the Department of Human Services, attributable to inmates under
state and county jurisdiction admitted to medical institutions on an inpatient
basis that are related to the implementation of section 256B.0618, paragraph
(b).
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 13. [256B.0618]
COVERAGE FOR DETAINED INDIVIDUALS.
(a) An inmate of a
correctional facility who is conditionally released under section 241.26,
244.065, or 631.425 is eligible for medical assistance if the individual:
(1) does not require the
security of a public detention facility and is housed:
(i) in a halfway house
or community correction center; or
(ii) under house arrest
and monitored by electronic surveillance in a residence approved by the
commissioner of corrections; and
(2)
meets all other eligibility requirements of this chapter.
(b) An individual, regardless of age, who is considered an inmate of a public institution as defined in Code of Federal Regulations, title 42, section 435.1010, and who meets the eligibility requirements in section 256B.056 is not eligible for medical assistance, except for covered medical assistance services received:
(1) while an inpatient in a medical institution as defined in Code of Federal Regulations, title 42, section 435.1010;
(2) by an eligible
juvenile in accordance with the Consolidated Appropriations Act, 2023, Public
Law 117-328, part 5121; or
(3) by an eligible
individual under section 256B.0761.
(c) Security logistics and costs related to the inpatient treatment of an inmate are the responsibility of the entity with jurisdiction over the inmate.
EFFECTIVE DATE. This
section is effective January 1, 2028.
Sec. 14. [256B.0619]
CARCERAL TARGETED CASE MANAGEMENT SERVICES.
Subdivision 1. Generally. Effective January 1, 2028, or upon
federal approval, whichever is later, medical assistance covers carceral
targeted case management services in accordance with section 256B.0761 and
United States Code, title 42, sections 1396a(a)(84); 1396d(a)(32); 1397bb(d);
and 1397jj(b)(2) and (7).
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Comprehensive care plan" means a person-centered plan that includes goals, tasks, and services identified through screening and assessments and agreed upon by all parties. A comprehensive care plan includes but is not limited to identifying resources and services necessary to meet the individual's physical, behavioral health, and health-related social needs prerelease and postrelease.
(c)
"Consultation" means communication from a carceral targeted case
manager to other providers working with the same justice-involved individual to
(1) inform, inquire, and instruct providers on the individual's symptoms,
strategies for effective engagement, care and intervention needs, and treatment
expectations across service settings, and (2) direct and coordinate clinical
service components provided to the justice-involved individual. Service settings and components include but
are not limited to education services, social services, probation, an
individual's home, primary care, medication prescribers, disabilities services,
and services from other mental health providers.
(d) "Targeted case management for justice-involved individuals" means the provision of both county targeted case management and public or private vendor service coordination services to bridge prerelease and postrelease medical assistance services that support the physical, behavioral, and health-related social needs of justice-involved individuals.
(e) "Targeted case management services" means services that assist medical assistance eligible persons with accessing needed medical, social, educational, and other services.
Subd. 3. Eligibility. The following individuals are eligible
for carceral targeted case management services:
(1) individuals eligible
for medical assistance who meet all eligibility requirements under United
States Code, title 42, section 1396a(nn);
(2)
individuals eligible for medical assistance who meet eligibility requirements
for the Children's Health Insurance Program under United States Code, title 42,
section 1397jj(b)(7); or
(3) individuals eligible
for medical assistance who are currently incarcerated at a section 1115 reentry
demonstration pilot facility and meet the participation requirements in section
256B.0761, subdivision 2.
Subd. 4. Carceral targeted case management services. (a) For individuals eligible for services under subdivision 3, clause (1) or (2), carceral targeted case management care coordination is available for 30 days before release and up to 180 days postrelease. For individuals eligible for services under subdivision 3, clause (3), carceral targeted case management care coordination is available for up to 90 days before release and up to 180 days postrelease.
(b) Carceral targeted case management care coordination includes:
(1) comprehensive
assessment and periodic reassessment addressing physical, behavioral, and
health-related social needs in accordance with section 256B.0761 and United
States Code, title 42, sections 1396a(nn) and 1397jj(b)(7);
(2) comprehensive care
plans, including but not limited to:
(i) the desired goals of
the individual;
(ii) the individual's
preferences for services and supports;
(iii) formal and
informal services and supports based on areas of assessment, such as social
health, mental health, residence, family,
education and vocation, safety, legal, self-determination, financial, and
chemical health; and
(iv) housing
arrangements postrelease;
(3) regular review and
revision of the comprehensive care plan with the individual to ensure needs are
adequately met by referrals and supports;
(4) coordination of
referrals, which must consist of efforts beyond providing a list of resources,
to bridge prerelease to postrelease medical assistance services, including but
not limited to referrals to community-based services identified as a need on
the comprehensive care plan;
(5) warm handoffs and
postrelease follow-up through direct coordination between providers, including
timely communication, active engagement of the individual when feasible, and
facilitation of continuity of care upon release;
(6) monitoring and
evaluation of services identified in the comprehensive care plan to ensure
personal outcomes are met and to ensure satisfaction with services and service
delivery;
(7) consultation with other professionals, including but not limited to
community-based mental health providers; and
(8) completion and
maintenance of necessary documentation that supports and verifies the
activities in this section.
Subd. 5. Carceral
targeted case management provider standards. Providers eligible to receive medical
assistance reimbursement under this section must enroll as a Minnesota health
care programs provider. To qualify as a
provider of carceral targeted case management services, a provider must:
(1) have a minimum of a
bachelor's degree or a license in a health or human services field, comparable
training and two years of experience in human services, or credentials from an
American Indian Tribe under section 256B.02, subdivision 7;
(2) demonstrate the
capacity and experience to provide targeted case management activities for
justice-involved individuals as defined in subdivision 2;
(3) be able to
coordinate and connect community resources needed by the recipient;
(4) demonstrate
administrative capacity and experience to serve the justice-involved population
for which the provider will provide services and to ensure quality of services
under state and federal requirements;
(5) have a financial
management system that provides accurate documentation of services and costs
under state and federal requirements;
(6) demonstrate capacity
to document and maintain individual case records under state and federal
requirements;
(7) demonstrate the
capacity to coordinate with county administrative functions;
(8) be able to
coordinate with health care providers to ensure access to necessary health care
services;
(9) have a procedure
that:
(i) notifies the
recipient of any conflict of interest if the targeted case management service
provider also provides the recipient's services and supports;
(ii) provides
information on all potential conflicts of interest;
(iii) obtains the
recipient's informed consent; and
(iv) provides the
recipient with alternatives; and
(10) demonstrate the
capacity to achieve the following performance outcomes: (i) access; (ii) quality; and (iii) consumer
satisfaction.
Subd. 6. Medical
assistance payment and rate setting.
(a) Carceral targeted case management rates are equal to rates
authorized by the commissioner for relocation targeted case management under
section 256B.0621, subdivision 10.
(b) The carceral
targeted case management rate only includes eligible services delivered to an
eligible recipient by an eligible provider.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Subd. 15. Billing
limits. Effective January 1,
2027, services under this section must not exceed four hours per week per
recipient, with a maximum of 18 hours per month. Prior authorization is required for services
exceeding 200 hours per year.
Sec. 16. Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision to read:
Subd. 78. Carceral
targeted case management. Effective
January 1, 2028, or upon federal approval, whichever is later, medical
assistance covers carceral targeted case management services under section
256B.0619.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 17. Minnesota Statutes 2024, section 256B.0671, is amended by adding a subdivision to read:
Subd. 14. Billing
limits. Child and family
psychoeducation services under this section must not exceed two hours per day,
three days per week per recipient.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 18. Minnesota Statutes 2024, section 256B.0761, subdivision 2, is amended to read:
Subd. 2. Eligible
individuals. (a)
Notwithstanding section 256B.055, subdivision 14, individuals are eligible to
receive services under this demonstration if they are eligible under section
256B.055, subdivision 3a, 6, 7, 7a, 9, 15, 16, or 17, as determined by the
commissioner in collaboration with correctional facilities, local governments,
and Tribal governments. This
paragraph expires upon the effective date of paragraph (b).
(b) Effective January 1,
2028, or upon federal approval, whichever is later, notwithstanding section
256B.0618, individuals are eligible to receive services under this
demonstration if they are eligible under section 256B.055, subdivision 3a, 6,
7, 7a, 9, 15, 16, or 17, as determined by the commissioner in collaboration
with correctional facilities, local governments, and Tribal governments.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 19. Minnesota Statutes 2024, section 256B.0761, subdivision 3, is amended to read:
Subd. 3. Eligible correctional facilities. (a) The commissioner's waiver application is limited to:
(1) three state correctional facilities to be determined by the commissioner of corrections, one of which must be the Minnesota Correctional Facility-Shakopee;
(2) two facilities for
delinquent children and youth licensed under section 241.021, subdivision 2,
identified in coordination with the Minnesota Juvenile Detention Association
and the Minnesota Sheriffs' Association;
(3) (2) four
correctional facilities for adults licensed under section 241.021, subdivision
1, identified in coordination with the Minnesota Sheriffs' Association and the
Association of Minnesota Counties; and
(4) (3) one
correctional facility owned and managed by a Tribal government or a facility
located outside of the seven-county metropolitan area that has an inmate census
with a significant proportion of Tribal members or American Indians.
(b) Additional facilities may be added to the waiver contingent on legislative authorization and appropriations.
Subd. 15. Billing
limits. (a) Skills training
under this section must not exceed two hours per day, three days per week per
recipient. Prior authorization is
required for services exceeding 200 hours per year.
(b) Mental health
behavioral aide services under this section must not exceed six hours per day,
three days per week per recipient. Prior
authorization is required for services exceeding 200 hours per year.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 21. Minnesota Statutes 2025 Supplement, section 256I.04, subdivision 2a, is amended to read:
Subd. 2a. License required; staffing qualifications. (a) Except as provided in paragraph (b), an agency may not enter into an agreement with an establishment to provide housing support unless:
(1) the establishment is licensed by the Department of Health as a hotel and restaurant; a board and lodging establishment; a boarding care home before March 1, 1985; or a supervised living facility, and the service provider for residents of the facility is licensed under chapter 245A. However, an establishment licensed by the Department of Health to provide lodging need not also be licensed to provide board if meals are being supplied to residents under a contract with a food vendor who is licensed by the Department of Health;
(2) the residence is: (i) licensed by the commissioner of human services under Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 to 9555.6265; (iii) licensed by the commissioner under Minnesota Rules, parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or (iv) licensed under section 245D.02, subdivision 4a, as a community residential setting by the commissioner of human services;
(3) the facility is licensed under chapter 144G and provides three meals a day; or
(4) effective January 1,
2027 July 1, 2026, the establishment is licensed by the Department
of Health as a board and lodging establishment and is certified by the
commissioner as a recovery residence in accordance with section 254B.215,
subdivision 3, that is subject to the requirements of section 256I.04,
subdivisions 2a to 2f. The Department of
Human Services must serve as the lead agency for agreements entered into under
this clause.
(b) The requirements under paragraph (a) do not apply to establishments exempt from state licensure because they are:
(1) located on Indian reservations and subject to tribal health and safety requirements; or
(2) supportive housing establishments where an individual has an approved habitability inspection and an individual lease agreement.
(c) Supportive housing establishments that serve individuals who have experienced long-term homelessness and emergency shelters must participate in the homeless management information system and a coordinated assessment system as defined by the commissioner.
(d) Effective July 1, 2016, an agency shall not have an agreement with a provider of housing support unless all staff members who have direct contact with recipients:
(1) have skills and knowledge acquired through one or more of the following:
(i) a course of study in a health- or human services-related field leading to a bachelor of arts, bachelor of science, or associate's degree;
(iii) experience as a mental health certified peer specialist according to section 256B.0615; or
(iv) meeting the requirements for unlicensed personnel under sections 144A.43 to 144A.483;
(2) hold a current driver's license appropriate to the vehicle driven if transporting recipients;
(3) complete training on vulnerable adults mandated reporting and child maltreatment mandated reporting, where applicable; and
(4) complete housing support orientation training offered by the commissioner.
Sec. 22. Minnesota Statutes 2024, section 297E.02, subdivision 3, is amended to read:
Subd. 3. Collection; disposition. (a) Taxes imposed by this section are due and payable to the commissioner when the gambling tax return is required to be filed. Distributors must file their monthly sales figures with the commissioner on a form prescribed by the commissioner. Returns covering the taxes imposed under this section must be filed with the commissioner on or before the 20th day of the month following the close of the previous calendar month. The commissioner shall prescribe the content, format, and manner of returns or other documents pursuant to section 270C.30. The proceeds, along with the revenue received from all license fees and other fees under sections 349.11 to 349.191, 349.211, and 349.213, must be paid to the commissioner of management and budget for deposit in the general fund.
(b) The sales tax imposed by chapter 297A on the sale of pull-tabs and tipboards by the distributor is imposed on the retail sales price. The retail sale of pull-tabs or tipboards by the organization is exempt from taxes imposed by chapter 297A and is exempt from all local taxes and license fees except a fee authorized under section 349.16, subdivision 8.
(c) One-half of one percent
of the revenue deposited in the general fund under paragraph (a), is
appropriated to the commissioner of human services for the compulsive gambling
treatment program established under section 245.98. One-half of one percent of the revenue
deposited in the general fund under paragraph (a), is appropriated to the
commissioner of human services for a grant to the state affiliate recognized by
the National Council on Problem Gambling to increase public awareness of
problem gambling, education and training for individuals and organizations
providing effective treatment services to problem gamblers and their families,
and research relating to problem gambling.
Money appropriated by this paragraph must supplement and must not
replace existing state funding for these programs. The balance of amounts appropriated under
this paragraph that are unencumbered and unspent at the close of a fiscal year
must be available in the next fiscal year for the same purposes and must not
cancel to the fund from which the amounts were appropriated.
(d) The commissioner of
human services must provide to the state affiliate recognized by the National
Council on Problem Gambling a monthly statement of the amounts deposited under
paragraph (c). Beginning January 1,
2022, the commissioner of human services must provide to the chairs and ranking
minority members of the legislative committees with jurisdiction over treatment
for problem gambling and to the state affiliate recognized by the National
Council on Problem Gambling an annual reconciliation of the amounts deposited
under paragraph (c). The annual
reconciliation under this paragraph must include the amount allocated to the
commissioner of human services for the compulsive gambling treatment program
established under section 245.98, and the amount allocated to the state
affiliate recognized by the National Council on Problem Gambling. The annual reconciliation must also
include any rollover amounts from the previous fiscal year and the utilization
of those amounts during the current reporting period.
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 24. Laws 2025, First Special Session chapter 9, article 4, section 23, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 25. Laws 2025, First Special Session chapter 9, article 4, section 38, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 26. Laws 2025, First Special Session chapter 9, article 4, section 39, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 27. Laws 2025, First Special Session chapter 9, article 4, section 40, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 28. Laws 2025, First Special Session chapter 9, article 4, section 41, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 29. Laws 2025, First Special Session chapter 9, article 4, section 42, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 30. Laws 2025, First Special Session chapter 9, article 4, section 43, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 31. Laws 2025, First Special Session chapter 9, article 4, section 44, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
EFFECTIVE DATE. This section
is effective January July 1, 2027 2026.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 33. Laws 2025, First Special Session chapter 9, article 4, section 57, the effective date, is amended to read:
EFFECTIVE DATE. Paragraph
Paragraphs (a) is and (b) are effective July 1, 2026, paragraph
(b) is effective July 1, 2027, paragraph (c) is effective January 1, 2027,
and paragraph (d) is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of
human services must notify the revisor of statutes when federal approval is
obtained.
Sec. 34. Laws 2026, chapter 95, article 5, section 23, subdivision 7, is amended to read:
Subd. 7. Billing
limits. Eligible vendors of
Peer recovery support services must limit an individual client to not
exceed 14 hours per week for per recipient, of which no more than
two hours per day per recipient may be provided by telehealth. Peer recovery support services from an
individual provider of peer recovery support services must not exceed
520 hours annually per recipient.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 35. DIRECTION
TO COMMISSIONER; CARCERAL TARGETED CASE MANAGEMENT SERVICES BILLING UNITS.
The commissioner of
human services must establish a new billing code for carceral targeted case
management services. The commissioner
must identify reimbursement rates for the newly defined codes, as required
under Minnesota Statutes, section 256B.0619, subdivision 6. The new billing codes must correspond to a
15-minute unit and must be available for 180 days postrelease.
EFFECTIVE DATE. This
section is effective January 1, 2028, or upon federal approval, whichever is
later.
Sec. 36. REPEALER.
Minnesota Statutes 2024,
section 256B.055, subdivision 14, is repealed.
EFFECTIVE DATE. This
section is effective January 1, 2028, or upon federal approval, whichever is
later.
ARTICLE 7
UNIFORM SERVICE STANDARDS
Section 1. Minnesota Statutes 2024, section 245.735, subdivision 6, is amended to read:
Subd. 6. Section
223 of the Protecting Access to Medicare Act entities. (a) The commissioner must request
federal approval to participate in the demonstration program established by
section 223 of the Protecting Access to Medicare Act and, if approved, to
continue to participate in the demonstration program as long as federal funding
for the demonstration program remains available from the United States
Department of Health and Human Services.
To the extent practicable, the commissioner shall align the requirements
of the demonstration program with the requirements under this section for
CCBHCs receiving medical assistance reimbursement under the authority of the
state's Medicaid state plan. A CCBHC may
not apply to participate as a billing provider in both the CCBHC federal
demonstration and the benefit for CCBHCs under the medical assistance program.
(b)
The commissioner must follow federal payment guidance, including payment of the
CCBHC daily bundled rate for services rendered by CCBHCs to individuals who are
dually eligible for Medicare and medical assistance when Medicare is the
primary payer for the service. Services
provided by a CCBHC operating under the authority of the state's Medicaid state
plan will not receive the prospective payment system rate for services rendered
by CCBHCs to individuals who are dually eligible for Medicare and medical assistance
when Medicare is the primary payer for the service.
(c) Payment for
services rendered by CCBHCs to individuals who have commercial insurance as the
primary payer and medical assistance as secondary payer is subject to the
requirements under section 256B.37. Services
provided by a CCBHC operating under the authority of the 223
demonstration or the state's Medicaid state plan will not receive the prospective
payment system rate for services rendered by CCBHCs to individuals who have
commercial insurance as the primary payer and medical assistance as the
secondary payer.
Sec. 2. Minnesota Statutes 2025 Supplement, section 245A.03, subdivision 2, is amended to read:
Subd. 2. Exclusion from licensure. (a) This chapter does not apply to:
(1) residential or nonresidential programs that are provided to a person by an individual who is related;
(2) nonresidential programs that are provided by an unrelated individual to persons from a single related family;
(3) residential or nonresidential programs that are provided to adults who do not misuse substances or have a substance use disorder, a mental illness, a developmental disability, a functional impairment, or a physical disability;
(4) sheltered workshops or work activity programs that are certified by the commissioner of employment and economic development;
(5) programs operated by a public school for children 33 months or older;
(6) nonresidential programs primarily for children that provide care or supervision for periods of less than three hours a day while the child's parent or legal guardian is in the same building as the nonresidential program or present within another building that is directly contiguous to the building in which the nonresidential program is located;
(7) nursing homes or hospitals licensed by the commissioner of health except as specified under section 245A.02;
(8) board and lodge facilities licensed by the commissioner of health that do not provide children's residential services under Minnesota Rules, chapter 2960, mental health or substance use disorder treatment;
(9) programs licensed by the commissioner of corrections;
(10) recreation programs for children or adults that are operated or approved by a park and recreation board whose primary purpose is to provide social and recreational activities;
(11) noncertified boarding care homes unless they provide services for five or more persons whose primary diagnosis is mental illness or a developmental disability;
(12) programs for children such as scouting, boys clubs, girls clubs, and sports and art programs, and nonresidential programs for children provided for a cumulative total of less than 30 days in any 12-month period;
(13) residential programs for persons with mental illness, that are located in hospitals;
(15) mental health outpatient services for adults with mental illness or children with mental illness, except, effective January 1, 2028, for programs licensed under section 245A.044;
(16) residential programs serving school-age children whose sole purpose is cultural or educational exchange, until the commissioner adopts appropriate rules;
(17) community support services programs as defined in section 245.462, subdivision 6, and family community support services as defined in section 245.4871, subdivision 17;
(18) assisted living facilities licensed by the commissioner of health under chapter 144G;
(19) substance use disorder treatment activities of licensed professionals in private practice as defined in section 245G.01, subdivision 17;
(20) consumer-directed community support service funded under the Medicaid waiver for persons with developmental disabilities when the individual who provided the service is:
(i) the same individual who is the direct payee of these specific waiver funds or paid by a fiscal agent, fiscal intermediary, or employer of record; and
(ii) not otherwise under the control of a residential or nonresidential program that is required to be licensed under this chapter when providing the service;
(21) a county that is an eligible vendor under section 254B.0501 to provide care coordination and comprehensive assessment services;
(22) a recovery community organization that is an eligible vendor under section 254B.0501 to provide peer recovery support services; or
(23) programs licensed by the commissioner of children, youth, and families in chapter 142B.
(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a building in which a nonresidential program is located if it shares a common wall with the building in which the nonresidential program is located or is attached to that building by skyway, tunnel, atrium, or common roof.
(c) Except for the home and community-based services identified in section 245D.03, subdivision 1, nothing in this chapter shall be construed to require licensure for any services provided and funded according to an approved federal waiver plan where licensure is specifically identified as not being a condition for the services and funding.
Sec. 3. [245A.044]
LICENSED NONRESIDENTIAL BEHAVIORAL HEALTH SERVICES.
Subdivision 1. License
required for certain nonresidential behavioral health services. (a) Beginning January 1, 2028,
providers of nonresidential mental health and substance use disorder services
must obtain a license under this chapter to provide:
(1) adult rehabilitative
mental health services under section 245I.22;
(2) children's
therapeutic services and supports in the community under section 245I.30 and
children's day treatment under section 245I.31;
(3)
crisis response services under section 245I.24; and
(4) certified community
behavioral health clinic services under section 245I.17.
(b) As a condition of
licensure, an applicant or license holder must demonstrate and maintain
verification of compliance with:
(1) licensing
requirements under this chapter and chapter 245I; and
(2) applicable health
care program requirements under Minnesota Rules, parts 9505.0170 to 9505.0475
and 9505.2160 to 9505.2245.
Subd. 2. Implementation. (a) Beginning July 1, 2027, the
commissioner must begin issuing licenses to providers listed in subdivision 1. The commissioner must transition providers
certified under section 245I.011 and listed in subdivision 1 into licensure
with a phased-in schedule determined by the commissioner. The commissioner must communicate the
implementation schedule to providers at least three months before the
application is made available.
(b) Applicants for
licensure must have an approved certification under section 245I.011 at least
90 days before the date of the licensure application.
(c) A provider's
certification under section 245I.011, subdivision 5, paragraph (a), clauses (2)
to (4), or 6, paragraph (b), expires when the commissioner issues a decision on
the provider's license application.
(d) Upon licensure, a
license holder must notify clients and staff of policies and procedures
outlined in the application.
(e) Notwithstanding
paragraphs (a) and (c), subdivision 1, and sections 245I.17, 245I.22, 245I.24,
245I.30, and 245I.31, a provider listed under subdivision 1, paragraph (a),
clauses (1) to (4), and certified under section 245I.011 may continue operating
past January 1, 2028, until the commissioner issues a licensing decision if the
provider submitted an application before January 1, 2028.
(f) If a provider fails
to submit an application for licensure within six months of the application
being made available, the commissioner must disenroll the provider from
reimbursement for the following services:
(1) adult rehabilitative
mental health services under section 256B.0623;
(2) crisis response
services under section 256B.0624;
(3) children's
therapeutic services and supports under section 256B.0943; and
(4) certified community
behavioral health clinics under section 256B.0625, subdivision 5m.
(g) The commissioner
must disenroll a provider listed in paragraph (f) from medical assistance if:
(1) the provider's
licensing application has been denied or the license has been suspended or
revoked; and
(2) the provider
appealed the application denial or the license suspension or revocation, and
the commissioner issued a final order on the appeal affirming the action.
Subd. 3. Application
fee for initial license or certification.
(a) Except as provided in paragraphs (c) and, (d), and
(f), for fees required under subdivision 1, an applicant for an initial
license or certification issued by the commissioner shall submit a $2,100
application fee with each new application required under this subdivision. The application fee shall not be prorated, is
nonrefundable, and is in lieu of the annual license or certification fee that
expires on December 31. The commissioner
shall not process an application until the application fee is paid.
(b) Except as provided in paragraph (c), an applicant shall apply for a license to provide services at a specific location.
(c) For a license to provide home and community-based services to persons with disabilities or age 65 and older under chapter 245D, an applicant shall submit an application to provide services statewide. For fees required under subdivision 1, an applicant for an initial license issued by the commissioner to provide home and community-based services under chapter 245D shall submit a $4,200 application fee with each new application.
(d) For fees required under
subdivision 1, an applicant for an initial license or certification issued by
the commissioner for children's residential facility or mental health clinic
licensure or certification shall submit a $500 application fee with each
new application required under this subdivision.
(e) For fees required
under subdivision 1, an applicant for an initial mental health clinic
certification issued by the commissioner shall submit a $2,100 application fee
with each new application required under this subdivision.
(f) For fees required
under subdivision 1, an applicant for an initial license issued by the
commissioner to provide services at a certified community behavioral health
clinic under section 245I.17 shall submit a $4,200 application fee with each
new application.
Sec. 5. Minnesota Statutes 2025 Supplement, section 245A.10, subdivision 4, is amended to read:
Subd. 4. License or certification fee for certain programs. (a)(1) A program licensed to provide one or more of the home and community-based services and supports identified under chapter 245D to persons with disabilities or age 65 and older, shall pay an annual nonrefundable license fee based on revenues derived from the provision of services that would require licensure under chapter 245D during the calendar year immediately preceding the year in which the license fee is paid, according to the following schedule:
(2) If requested, the license holder shall provide the commissioner information to verify the license holder's annual revenues or other information as needed, including copies of documents submitted to the Department of Revenue.
(3) At each annual renewal, a license holder may elect to pay the highest renewal fee, and not provide annual revenue information to the commissioner.
(4) A license holder that knowingly provides the commissioner incorrect revenue amounts for the purpose of paying a lower license fee shall be subject to a civil penalty in the amount of double the fee the provider should have paid.
(b) A substance use disorder treatment program licensed under chapter 245G, to provide substance use disorder treatment shall pay an annual nonrefundable license fee based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$2,600 |
|
|
25 to 49 persons |
$3,000 |
|
|
50 to 74 persons |
$5,000 |
|
|
75 to 99 persons |
$10,000 |
|
|
100 to 199 persons |
$15,000 |
|
|
200 or more persons |
$20,000 |
(c) A detoxification program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, or a withdrawal management program licensed under chapter 245F shall pay an annual nonrefundable license fee based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$2,600 |
|
|
25 to 49 persons |
$3,000 |
|
|
50 or more persons |
$5,000 |
A detoxification program that also operates a withdrawal management program at the same location shall only pay one fee based upon the licensed capacity of the program with the higher overall capacity.
(d) A children's residential facility licensed under Minnesota Rules, chapter 2960, to serve children shall pay an annual nonrefundable license fee based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$1,000 |
|
|
25 to 49 persons |
$1,100 |
|
|
50 to 74 persons |
$1,200 |
|
|
75 to 99 persons |
$1,300 |
|
|
100 or more persons |
$1,400 |
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$2,600 |
|
|
25 to 49 persons |
$3,000 |
|
|
50 or more persons |
$20,000 |
(f) A residential facility licensed under Minnesota Rules, parts 9570.2000 to 9570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable license fee based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$450 |
|
|
25 to 49 persons |
$650 |
|
|
50 to 74 persons |
$850 |
|
|
75 to 99 persons |
$1,050 |
|
|
100 or more persons |
$1,250 |
(g) A program licensed as an adult day care center licensed under Minnesota Rules, parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on the following schedule:
|
|
Licensed Capacity |
License Fee |
|
|
1 to 24 persons |
$2,600 |
|
|
25 to 49 persons |
$3,000 |
|
|
50 to 74 persons |
$5,000 |
|
|
75 to 99 persons |
$10,000 |
|
|
100 to 199 persons |
$15,000 |
|
|
200 or more persons |
$20,000 |
(h) A program licensed to provide treatment services to persons with sexual psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts 9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.
(i) A mental health clinic
certified under section 245I.20 shall pay an annual nonrefundable certification
fee of $1,550 $3,000. If
the mental health clinic provides services at a primary location with satellite
facilities, the satellite facilities shall be certified with the primary
location without an additional charge.
(j) If a program subject
to annual fees under paragraph (b) provides services at a primary location with
satellite facilities, the satellite facilities must be licensed with the
primary location and must be subject to an additional $500 annual nonrefundable
license fee per satellite facility.
(j) A program licensed
to provide behavioral health treatment services licensed under section 245I.22,
245I.24, 245I.30, or 245I.31 shall pay an annual nonrefundable license fee of
$3,000 for each license.
(k) Certified community
behavioral health clinics licensed under section 245I.17 shall pay an annual
nonrefundable license fee of $7,800.
Subd. 4a. Fees
for satellite locations. (a)
If a program subject to annual fees under subdivision 4, paragraph (b),
provides services at a primary location with satellite facilities, the
satellite facilities are licensed with the primary location and are subject to
an additional $500 annual nonrefundable license fee per satellite facility.
(b) If a program subject
to annual fees under subdivision 4, paragraph (j), provides services at a
primary location with satellite sites or facilities, the satellite locations
must be licensed with the primary location and are subject to an additional annual
nonrefundable fee according to the following schedule:
(1) one to five
satellite locations: $1,500;
(2) six to 19 satellite
locations: $3,500; or
(3) 20 or more satellite
locations: $5,000.
Sec. 7. Minnesota Statutes 2024, section 245A.65, subdivision 1a, is amended to read:
Subd. 1a. Determination of vulnerable adult status. (a) A license holder that provides services to adults who are excluded from the definition of vulnerable adult under section 626.5572, subdivision 21, paragraph (a), clause (2), must determine whether the person is a vulnerable adult under section 626.5572, subdivision 21, paragraph (a), clause (4). This determination must be made within 24 hours of:
(1) admission to the licensed program; and
(2) any incident that:
(i) was reported under section 626.557; or
(ii) would have been required to be reported under section 626.557, if one or more of the adults involved in the incident had been vulnerable adults.
(b) Upon determining that a person receiving services is a vulnerable adult under section 626.5572, subdivision 21, paragraph (a), clause (4), all requirements relative to vulnerable adults under this chapter and section 626.557 must be met by the license holder.
(c) Notwithstanding
paragraph (a), clause (1), a license holder providing mobile crisis services
must make the required determination within 24 hours of first providing crisis
stabilization services to an adult under section 245I.24, subdivision 9.
Sec. 8. Minnesota Statutes 2024, section 245C.03, subdivision 1, is amended to read:
Subdivision 1. Programs licensed by the commissioner. (a) The commissioner shall conduct a background study on:
(1) the person or persons applying for a license;
(2) an individual age 13 and over living in the household where the licensed program will be provided who is not receiving licensed services from the program;
(4) volunteers or student
volunteers who will have direct contact with persons served by the program to
provide program services if the contact is
not under the continuous, direct supervision by an individual listed in clause
(1) or (3);
(5) an individual age ten to 12 living in the household where the licensed services will be provided when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15;
(6) an individual who, without providing direct contact services at a licensed program, may have unsupervised access to children or vulnerable adults receiving services from a program, when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15; and
(7) all controlling individuals as defined in section 245A.02, subdivision 5a;
(8) notwithstanding clause (3), for children's residential facilities and foster residence settings, any adult working in the facility, whether or not the individual will have direct contact with persons served by the facility.
(b) For child foster care when the license holder resides in the home where foster care services are provided, a short-term substitute caregiver providing direct contact services for a child for less than 72 hours of continuous care is not required to receive a background study under this chapter.
(c) This subdivision applies to the following programs that must be licensed under chapter 245A:
(1) adult foster care;
(2) children's residential facilities;
(3) licensed home and community-based services under chapter 245D;
(4) residential mental health programs for adults;
(5) substance use disorder treatment programs under chapter 245G;
(6) withdrawal management programs under chapter 245F;
(7) adult day care centers;
(8) family adult day services;
(9) detoxification programs;
(10) community residential settings;
(11) intensive residential
treatment services and residential crisis stabilization under chapter 245I; and
(12) treatment programs for
persons with sexual psychopathic personality or sexually dangerous persons,
licensed under chapter 245A and according to Minnesota Rules, parts 9515.3000
to 9515.3110.;
(13) adult
rehabilitative mental health services under chapter 245I;
(14)
certified community behavioral health clinic services under chapter 245I;
(15) children's
therapeutic services and supports under chapter 245I; and
(16) crisis response
services under chapter 245I.
Sec. 9. Minnesota Statutes 2025 Supplement, section 245C.13, subdivision 2, is amended to read:
Subd. 2. Activities pending completion of background study. The subject of a background study may not perform any activity requiring a background study under paragraph (c) until the commissioner has issued one of the notices under paragraph (a).
(a) Notices from the commissioner required prior to activity under paragraph (c) include:
(1) a notice of the study results under section 245C.17 stating that:
(i) the individual is not disqualified; or
(ii) more time is needed to complete the study but the individual is not required to be removed from direct contact or access to people receiving services prior to completion of the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice that more time is needed to complete the study must also indicate whether the individual is required to be under continuous direct supervision prior to completion of the background study. When more time is necessary to complete a background study of an individual affiliated with a Title IV-E eligible children's residential facility or foster residence setting, the individual may not work in the facility or setting regardless of whether or not the individual is supervised;
(2) a notice that a disqualification has been set aside under section 245C.23; or
(3) a notice that a variance has been granted related to the individual under section 245C.30.
(b) For a background study affiliated with a licensed child care center or certified license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii), must not be issued until the commissioner receives a qualifying result for the individual for the fingerprint-based national criminal history record check or the fingerprint‑based criminal history information from the Bureau of Criminal Apprehension. The notice must require the individual to be under continuous direct supervision prior to completion of the remainder of the background study except as permitted in subdivision 3.
(c) Activities prohibited prior to receipt of notice under paragraph (a) include:
(1) being issued a license;
(2) living in the household where the licensed program will be provided;
(3) providing direct contact services to persons served by a program unless the subject is under continuous direct supervision;
(4) having access to persons receiving services if the background study was completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2), (5), or (6), unless the subject is under continuous direct supervision;
(6) for children's residential facilities or foster residence settings, working in the facility or setting;
(7) for background studies
affiliated with a personal care provider organization, except as provided in
section 245C.03, subdivision 3b, or with an early intensive developmental
and behavioral intervention provider or adult rehabilitative mental health
services provider, before a personal care assistant an individual
provides services, the personal care assistance provider agency entity
must initiate a background study of the personal care assistant individual
under this chapter and the personal care assistance provider agency entity
must have received a notice from the commissioner that the personal care
assistant individual is:
(i) not disqualified under section 245C.14; or
(ii) disqualified, but the personal care assistant has received a set aside of the disqualification under section 245C.22; or
(8) for background studies affiliated with an early intensive developmental and behavioral intervention provider, before an individual provides services, the early intensive developmental and behavioral intervention provider must initiate a background study for the individual under this chapter and the early intensive developmental and behavioral intervention provider must have received a notice from the commissioner that the individual is:
(i) not disqualified under section 245C.14; or
(ii) disqualified, but the individual has received a set-aside of the disqualification under section 245C.22.
Sec. 10. Minnesota Statutes 2024, section 245G.03, subdivision 1, is amended to read:
Subdivision 1. License requirements. (a) An applicant for a license to provide substance use disorder treatment must comply with the general requirements in section 626.557; chapters 245A, 245C, and 260E; and Minnesota Rules, chapter 9544.
(b) The commissioner may grant variances to the requirements in this chapter that do not affect the client's health or safety if the conditions in section 245A.04, subdivision 9, are met.
(c) If a program is
licensed according to this chapter and is part of a certified community
behavioral health clinic under section 245.735 245I.17, the
license holder must comply with the requirements in section 245.735 245I.17,
subdivisions 4b to 4e 12 and 13, as part of the licensing
requirements under this chapter.
Sec. 11. Minnesota Statutes 2024, section 245I.011, subdivision 3, is amended to read:
Subd. 3. Certification
required. (a) An individual,
organization, or government entity that is exempt from licensure under section
245A.03, subdivision 2, paragraph (a), clause (12) (15), and
chooses to be identified as a certified mental health clinic must:
(1) be a mental health clinic that is certified under section 245I.20;
(2) comply with all of the responsibilities assigned to a license holder by this chapter except subdivision 1; and
(3) comply with all of the responsibilities assigned to a certification holder by chapter 245A.
(c) If a clinic is
certified according to this chapter and is part of a certified community
behavioral health clinic under section 245.735, the license holder must comply
with the requirements in section 245.735, subdivisions 4b to 4e, as part of the
licensing requirements under this chapter.
Sec. 12. Minnesota Statutes 2024, section 245I.011, subdivision 5, is amended to read:
Subd. 5. Programs certified under chapter 256B. (a) An individual, organization, or government entity certified under the following sections must comply with all of the responsibilities assigned to a license holder under this chapter except subdivision 1:
(1) an assertive community treatment provider under section 256B.0622, subdivision 3a;
(2) an adult
rehabilitative mental health services provider under section 256B.0623;
(3) a mobile crisis team
under section 256B.0624;
(4) a children's
therapeutic services and supports provider under section 256B.0943;
(5) (2) a
children's intensive behavioral health services provider under section
256B.0946; and
(6) (3) an
intensive nonresidential rehabilitative mental health services provider under
section 256B.0947.
(b) An individual,
organization, or government entity certified under the sections listed in
paragraph (a), clauses (1) to (6), must obtain a criminal background
study for each staff person and volunteer providing direct contact services to
a client.
Sec. 13. Minnesota Statutes 2024, section 245I.011, is amended by adding a subdivision to read:
Subd. 6. License
required for nonresidential programs.
(a) Beginning January 1, 2028, an individual, organization, or
government entity must have a license under this chapter to provide the
following services:
(1) adult rehabilitative
mental health services, as defined in section 256B.0623;
(2) mobile crisis
services, as defined in section 256B.0624;
(3) children's
therapeutic services and supports, as defined in section 256B.0943; or
(4) certified community
behavioral health clinic services, as defined in sections 245I.17 and
256B.0625, subdivision 5m.
(b) An individual, organization, or government entity certified as any of the following must remain certified according to subdivision 5 until the commissioner issues a license, the commissioner denies the license application, or the certification expires according to chapter 245A:
(1) an adult
rehabilitative mental health services provider under section 256B.0623;
(2) a mobile crisis team
under section 256B.0624;
(3) a
children's therapeutic services and supports provider under section 256B.0943;
or
(4) a certified
community behavioral health clinic under section 245.735.
Sec. 14. Minnesota Statutes 2024, section 245I.02, is amended by adding a subdivision to read:
Subd. 1a. Alcohol
and drug counselor"Alcohol and drug counselor" means an
individual qualified under section 245G.11, subdivision 5.
Sec. 15. Minnesota Statutes 2024, section 245I.02, is amended by adding a subdivision to read:
Subd. 10a. Comprehensive
evaluation. "Comprehensive
evaluation" means a person-centered, family‑centered, and trauma-informed
evaluation conducted according to section 245I.17, subdivision 12.
Sec. 16. Minnesota Statutes 2024, section 245I.02, is amended by adding a subdivision to read:
Subd. 18a. Initial
evaluation. "Initial
evaluation" means the assessment and preliminary diagnosis necessary to
begin client services, conducted according to section 245I.17.
Sec. 17. Minnesota Statutes 2024, section 245I.02, is amended by adding a subdivision to read:
Subd. 31a. Psychotherapy. "Psychotherapy" has the meaning given in section 256B.0671, subdivision 11.
Sec. 18. Minnesota Statutes 2024, section 245I.02, subdivision 33, is amended to read:
Subd. 33. Rehabilitative
mental health services. "Rehabilitative
mental health services" means mental health services provided to an
adult a client that enable the client to develop and achieve
psychiatric stability, social competencies, personal and emotional adjustment,
independent living skills, family roles, and community skills when symptoms of
mental illness has impaired any of the client's abilities in these areas. Rehabilitative mental health services
include interventions that allow a client to self-monitor, compensate for,
counteract, or replace psychosocial skills deficits or maladaptive skills
acquired over the course of a mental illness.
For a child client, rehabilitative mental health services include
interventions to (1) restore a child or adolescent to an age-appropriate
developmental trajectory that has been disrupted by a psychiatric illness, or
(2) enable the child to self-monitor, compensate for, cope with, counteract, or
replace psychosocial skills deficits or maladaptive skills acquired over the
course of a psychiatric illness.
Sec. 19. Minnesota Statutes 2024, section 245I.02, subdivision 39, is amended to read:
Subd. 39. Treatment
plan. "Treatment plan"
means services that a license holder formulates to respond to a client's needs
and goals. A treatment plan includes
individual treatment plans under section 245I.10, subdivisions 7 and 8; initial
treatment plans under section 245I.23, subdivision 7; and crisis treatment
plans under sections 245I.23, subdivision 8, and 256B.0624, subdivision 11
245I.24, subdivision 11. For a
license holder under section 245I.17, a treatment plan is the integrated
treatment plan developed according to section 245I.17, subdivision 13.
Sec. 20. Minnesota Statutes 2024, section 245I.03, subdivision 4, is amended to read:
Subd. 4. Behavioral emergencies. (a) A license holder must have procedures that each staff person follows when responding to a client who exhibits behavior that threatens the immediate safety of the client or others. A license holder's behavioral emergency procedures must incorporate person-centered planning and trauma-informed care.
(1) a plan designed to prevent the client from inflicting self-harm and harming others;
(2) contact information for emergency resources that a staff person must use when the license holder's behavioral emergency procedures are unsuccessful in controlling a client's behavior;
(3) the types of behavioral emergency procedures that a staff person may use;
(4) the specific
circumstances under which the program may use behavioral emergency procedures; and
(5) the staff persons whom
the license holder authorizes to implement behavioral emergency procedures.;
and
(6) the contact information for the local crisis team.
(c) The license holder's behavioral emergency procedures must not include secluding or restraining a client except as allowed under section 245.8261.
(d) Staff persons must not use behavioral emergency procedures to enforce program rules or for the convenience of staff persons. Behavioral emergency procedures must not be part of any client's treatment plan. A staff person may not use behavioral emergency procedures except in response to a client's current behavior that threatens the immediate safety of the client or others.
Sec. 21. Minnesota Statutes 2024, section 245I.03, is amended by adding a subdivision to read:
Subd. 11. Quality
assurance and improvement plan. (a)
A license holder must develop a written quality assurance and improvement plan
that includes plans for:
(1) encouraging ongoing
consultation among members of the treatment team;
(2) obtaining and
evaluating feedback about services from clients, family and other natural
supports, referral sources, and staff persons;
(3) measuring and
evaluating client outcomes;
(4) reviewing client
suicide deaths and suicide attempts;
(5) examining the
quality of clinical service delivery to clients; and
(6) self-monitoring of
compliance with this chapter.
(b) At least annually, a
license holder must review, evaluate, and update the quality assurance and
improvement plan. The review must:
(1) include
documentation of the actions that the certification holder will take as a
result of information obtained from monitoring activities in the plan; and
(2) establish goals for
improved service delivery to clients for the next year.
Subd. 5. Behavioral
health practitioner scope of practice. (a)
A behavioral health practitioner under the treatment supervision of a mental
health professional or certified rehabilitation specialist may provide an adult
client with client education, rehabilitative mental health services, functional
assessments, level of care assessments, crisis planning, and treatment
plans. A behavioral health practitioner
under the treatment supervision of a mental health professional may provide
skill-building services to a child client, crisis planning, and
complete treatment plans for a child client.
(b) A behavioral health practitioner must not provide treatment supervision to other staff persons. A behavioral health practitioner may provide direction to mental health rehabilitation workers and mental health behavioral aides.
(c) A behavioral health practitioner who provides services to clients according to section 256B.0624 may perform crisis assessments and interventions for a client.
Sec. 23. Minnesota Statutes 2025 Supplement, section 245I.04, subdivision 17, as amended by Laws 2026, chapter 95, article 5, section 14, is amended to read:
Subd. 17. Mental
health behavioral aide scope of practice.
While under the treatment supervision of a mental health
professional, a mental health behavioral aide may practice psychosocial
skills with provide skill-building services to a child client according
to the child's treatment plan that a mental health professional, clinical
trainee, or behavioral health practitioner has previously taught to the child.
Sec. 24. Minnesota Statutes 2024, section 245I.06, subdivision 1, is amended to read:
Subdivision 1. Generally. (a) A license holder must ensure that a mental health professional or certified rehabilitation specialist provides treatment supervision to each staff person who provides services to a client and who is not a mental health professional or certified rehabilitation specialist. When providing treatment supervision, a treatment supervisor must follow a staff person's written treatment supervision plan.
(b) Treatment supervision must focus on each client's treatment needs and the ability of the staff person under treatment supervision to provide services to each client, including the following topics related to the staff person's current caseload:
(1) a review and evaluation of the interventions that the staff person delivers to each client;
(2) instruction on alternative strategies if a client is not achieving treatment goals;
(3) a review and evaluation of each client's assessments, treatment plans, and progress notes for accuracy and appropriateness;
(4) instruction on the cultural norms or values of the clients and communities that the license holder serves and the impact that a client's culture has on providing treatment;
(5) evaluation of and
feedback regarding a direct service staff person's areas of competency; and
(6) coaching, teaching, and
practicing skills with a staff person.; and
(7) modeling service
practices that respect the client, include the client in planning and
implementation of the individual treatment plan, recognize the client's
strengths, and coordinate with other involved parties and providers.
(d) A treatment supervisor's responsibility for a staff person receiving treatment supervision is limited to the services provided by the associated license holder. If a staff person receiving treatment supervision is employed by multiple license holders, each license holder is responsible for providing treatment supervision related to the treatment of the license holder's clients.
Sec. 25. Minnesota Statutes 2024, section 245I.06, subdivision 2, is amended to read:
Subd. 2. Treatment supervision planning. (a) A treatment supervisor and the staff person supervised by the treatment supervisor must develop a written treatment supervision plan. The license holder must ensure that a new staff person's treatment supervision plan is completed, approved by the staff person, and implemented by a treatment supervisor and the new staff person within 30 days of the new staff person's first day of employment. The license holder must review and update each staff person's treatment supervision plan annually.
(b) Each staff person's treatment supervision plan must include:
(1) the name and qualifications of the staff person receiving treatment supervision;
(2) the names and licensures of the treatment supervisors who are supervising the staff person;
(3) how frequently the treatment supervisors must provide treatment supervision to the staff person; and
(4) the staff person's
authorized scope of practice, including a description of the client population
ages that the staff person serves, and a description of the treatment
methods and modalities that the staff person may use to provide services to
clients.
Sec. 26. Minnesota Statutes 2025 Supplement, section 245I.06, subdivision 3, is amended to read:
Subd. 3. Treatment
supervision and direct observation of mental health rehabilitation workers and
mental health behavioral aides. (a)
A mental health behavioral aide or a mental health rehabilitation worker must
receive direct observation from a mental health professional, clinical trainee,
certified rehabilitation specialist, or behavioral health practitioner while
the mental health behavioral aide or mental health rehabilitation worker
provides treatment services to clients, no less than twice per month for the
first six months of employment and once per month thereafter. The staff person performing the direct
observation must approve of the progress note twice per month for the first six
months of employment and as needed and identified in a supervision plan
thereafter. Approval may be given
through an attestation that is stored in the employee personnel
file under section 245I.07.
(b) For a mental health rehabilitation worker qualified under section 245I.04, subdivision 14, paragraph (a), clause (2), item (i), treatment supervision in the first 2,000 hours of work must at a minimum consist of:
(1) monthly individual supervision; and
(2) direct observation twice per month.
Sec. 27. Minnesota Statutes 2024, section 245I.07, is amended to read:
245I.07 PERSONNEL FILES.
(a) For each staff person, a license holder must maintain a personnel file that includes:
(1) verification of the staff person's qualifications required for the position including training, education, practicum or internship agreement, licensure, and any other required qualifications;
(3) the hiring date of the staff person;
(4) a description of the staff person's job responsibilities with the license holder;
(5) the date that the staff person's specific duties and responsibilities became effective, including the date that the staff person began having direct contact with clients;
(6) documentation of the staff person's training as required by section 245I.05, subdivision 2;
(7) a verification copy of license renewals that the staff person completed during the staff person's employment;
(8) annual job performance evaluations; and
(9) if applicable, the staff person's alleged and substantiated violations of the license holder's policies under section 245I.03, subdivision 8, clauses (3) to (7), and the license holder's response.
(b) The license holder must ensure that all personnel files are readily accessible for the commissioner's review. The license holder is not required to keep personnel files in a single location.
(c) For a license holder
under section 245I.17, a personnel file for staff who provide substance use
disorder treatment services must include records of training required under
section 245G.13, subdivision 2.
Sec. 28. Minnesota Statutes 2024, section 245I.10, is amended by adding a subdivision to read:
Subd. 2a. Evaluation,
treatment authorization, and planning in a certified community behavioral
health clinic. Notwithstanding
subdivisions 2 and 7, a license holder under section 245I.17 must meet the
requirements for assessments under section 245I.17, subdivisions 11 and 12, and
for treatment planning under section 245I.17, subdivision 13. Certified community behavioral health clinic
service planning and authorization must comply with the standards in section
245I.17.
Sec. 29. Minnesota Statutes 2024, section 245I.10, subdivision 6, as amended by Laws 2026, chapter 95, article 5, section 15, is amended to read:
Subd. 6. Standard diagnostic assessment; required elements. (a) Only a mental health professional or a clinical trainee may complete a standard diagnostic assessment of a client. A standard diagnostic assessment of a client must include a face-to-face interview with a client and a written evaluation of the client. The assessor must complete a client's standard diagnostic assessment within the client's cultural context. An alcohol and drug counselor may gather and document the information in paragraphs (b) and (c) when completing a comprehensive assessment according to section 245G.05.
(b) When completing a standard diagnostic assessment of a client, the assessor must gather and document information about the client's current life situation, including the following information:
(1) the client's age;
(2) the client's current living situation, including the client's housing status and household members;
(3) the status of the client's basic needs;
(5) the client's current medications;
(6) any immediate risks to the client's health and safety, including withdrawal symptoms, medical conditions, and behavioral and emotional symptoms;
(7) the client's perceptions of the client's condition;
(8) the client's description of the client's symptoms, including the reason for the client's referral;
(9) the client's history of mental health and substance use disorder treatment, including but not limited to treatment for tobacco or nicotine use;
(10) cultural influences on the client; and
(11) substance use history, if applicable, including:
(i) amounts and types of substances, including but not limited to tobacco and nicotine products; frequency and duration; route of administration; periods of abstinence; and circumstances of relapse; and
(ii) the impact to functioning when under the influence of substances, including legal interventions.
(c) If the assessor cannot obtain the information that this paragraph requires without retraumatizing the client or harming the client's willingness to engage in treatment, the assessor must identify which topics will require further assessment during the course of the client's treatment. The assessor must gather and document information related to the following topics:
(1) the client's relationship with the client's family and other significant personal relationships, including the client's evaluation of the quality of each relationship;
(2) the client's strengths and resources, including the extent and quality of the client's social networks;
(3) important developmental incidents in the client's life;
(4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;
(5) the client's history of or exposure to alcohol and drug usage and treatment; and
(6) the client's health history and the client's family health history, including the client's physical, chemical, and mental health history.
(d) When completing a standard diagnostic assessment of a client, an assessor must use a recognized diagnostic framework.
(1) When completing a standard diagnostic assessment of a client who is five years of age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic Classification of Mental Health and Development Disorders of Infancy and Early Childhood published by Zero to Three.
(3) When completing a
standard diagnostic assessment of a client who is 12 to 17 years of age, an
assessor must use either the CRAFFT Questionnaire or the criteria in the most
recent edition of the Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association to screen and assess the client for a
substance use disorder. A license holder
may select a different clinically appropriate screening tool if the tool is
identified in a written policy and procedure under section 245I.03.
(3) (4) When
completing a standard diagnostic assessment of a client who is 18 years of age
or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii)
the criteria in the most recent edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric Association to
screen and assess the client for a substance use disorder, including but not
limited to tobacco use disorder.
(e) When completing a standard diagnostic assessment of a client, the assessor must include and document the following components of the assessment:
(1) the client's mental status examination;
(2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources; vulnerabilities; safety needs, including client information that supports the assessor's findings after applying a recognized diagnostic framework from paragraph (d); and any differential diagnosis of the client; and
(3) an explanation of: (i) how the assessor diagnosed the client using the information from the client's interview, assessment, psychological testing, and collateral information about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths; and (v) the client's responsivity factors.
(f) When completing a
standard diagnostic assessment of a client, the assessor must consult the
client and the client's family about which services that the client and the
family prefer to treat the client. The
assessor must make referrals for the client as to services required by law.
(g) Information from other providers and prior assessments may be used to complete the diagnostic assessment if the source of the information is documented in the diagnostic assessment.
(h) If the client
screens positive for a need for substance use disorder treatment services, the
assessor must document what actions will be taken to address the client's
co-occurring conditions.
(i) The assessor must
determine if the client is eligible for targeted case management services
according to section 245.462, subdivision 20, or 245.4871, subdivision 6, and
refer the client to the county or contracted provider as appropriate.
Sec. 30. Minnesota Statutes 2024, section 245I.10, subdivision 8, is amended to read:
Subd. 8. Individual treatment plan; required elements. (a) After completing a client's diagnostic assessment or reviewing a client's diagnostic assessment received from a different provider and before providing services to the client beyond those permitted under subdivision 7, the license holder must complete the client's individual treatment plan. The license holder must:
(1) base the client's individual treatment plan on the client's diagnostic assessment and baseline measurements;
(3) for an adult client, use a person-centered, culturally appropriate planning process that allows the client's family and other natural supports to observe and participate in the client's treatment services, assessments, and treatment planning;
(4) identify the client's treatment goals, measureable treatment objectives, a schedule for accomplishing the client's treatment goals and objectives, a treatment strategy, and the individuals responsible for providing treatment services and supports to the client. The license holder must have a treatment strategy to engage the client in treatment if the client:
(i) has a history of not engaging in treatment; and
(ii) is ordered by a court to participate in treatment services or to take neuroleptic medications;
(5) identify the
participants involved in the client's treatment planning. The client must be a participant in the
client's treatment planning. If
applicable, the license holder must document the reasons that the license
holder did not involve the client's family, case manager, or other
natural supports in the client's treatment planning; and
(6) review the client's
individual treatment plan every 180 days and update the client's individual
treatment plan with the client's treatment progress, new treatment objectives
and goals or, if the client has not made treatment progress, changes in the license
holder's approach to treatment; and
(7) (6) ensure
that the client approves of the client's individual treatment plan unless a
court orders the client's treatment plan under chapter 253B.
(b) If the client disagrees with the client's treatment plan, the license holder must document in the client file the reasons why the client does not agree with the treatment plan. If the license holder cannot obtain the client's approval of the treatment plan, a mental health professional must make efforts to obtain approval from a person who is authorized to consent on the client's behalf within 30 days after the client's previous individual treatment plan expired. A license holder may not deny a client service during this time period solely because the license holder could not obtain the client's approval of the client's individual treatment plan. A license holder may continue to bill for the client's otherwise eligible services when the client re-engages in services.
(c) The individual
treatment plan must be updated as necessary to reflect the changing needs of
the client. The individual treatment
plan must include direction for accessing crisis services when the license
holder is aware of the client's need for crisis services. The license holder must review the client's
individual treatment plan every 180 days and update the client's individual
treatment plan with the client's treatment progress, new treatment objectives
and goals, or, if the client has not made treatment progress, changes in the
license holder's approach to treatment.
Sec. 31. [245I.17]
CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC LICENSURE.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given.
(b) "Care
coordination" means the activities required to coordinate care across
settings and providers for an individual served to ensure seamless transitions
across the full spectrum of health services.
Care coordination includes:
(1) outreach and
engagement;
(2)
documenting a plan of care for medical, behavioral health, and social services
and supports in the integrated treatment plan;
(3) assisting with
obtaining appointments;
(4) confirming
appointments are kept;
(5) developing a crisis
plan;
(6) tracking medication;
and
(7) implementing care
coordination agreements with external providers. Care coordination may include psychiatric
consultation with primary care practitioners and with mental health clinical
care practitioners.
(c) "CCBHC
client" means an individual who has participated in a preliminary triage
and risk assessment and who has received at least one of the nine required
services from a CCBHC.
(d) "Certified
community behavioral health clinic" or "CCBHC" means a provider
of integrated behavioral health services that is licensed under this section
and compliant with federal CCBHC requirements.
(e) "Community
needs assessment" means an assessment to identify community needs and
determine the community behavioral health clinic's capacity to address the
needs of the population being served.
(f) "Designated
collaborating organization" means an entity that is not under the direct
supervision of a CCBHC engaged in a formal relationship with the CCBHC to
deliver one or more of the required services or elements of required services.
(g) "Federal CCBHC
criteria" means the most recently issued Certified Community Behavioral
Health Clinic Certification Criteria published by the Substance Abuse and
Mental Health Services Administration.
(h) "Needs
assessment" means the community needs assessment described in federal
criteria for CCBHC.
(i) "Preliminary
triage and risk assessment" means a mandatory triage and risk assessment
that is completed at the time of first contact, whether that contact is in
person, by telephone, or using other remote communication.
Subd. 2. Establishment
of licensure. (a) The
certified community behavioral health clinic model is an integrated service
delivery model that uses evidence-based behavioral health practices to achieve
better outcomes for individuals experiencing behavioral health concerns while
achieving sustainable rates through cost-based reimbursement for providers and
economic efficiencies for payors.
(b) Beginning January 1,
2028, a CCBHC must be licensed under this section.
(c) A CCBHC must meet the requirements of this section and federal CCBHC criteria. The commissioner may require a CCBHC applicant or license holder to submit documentation of compliance with state licensing requirements and federal CCBHC criteria.
(d) The commissioner may
deny a license to a CCBHC applicant or license holder on the basis of
geographic area if a license holder does not meet federal criteria for
identifying and addressing:
(1) a community's needs;
(2)
gaps in access to mental health and substance use disorder services; and
(3) underserved
populations to be served by the license holder as outlined in the community
needs assessment.
(e) The commissioner
shall communicate with licensed CCBHCs, applicants, and community partners
before establishing and implementing changes in the licensure requirements.
(f) The commissioner
shall update state licensing conditions for CCBHCs to align with changes to the
federal CCBHC criteria. The commissioner
may select a transition date on which revisions to the federal CCBHC criteria
become required as licensing conditions for CCBHCs.
(g) The commissioner
shall publish the licensing standards consistent with the most recently issued
Certified Community Behavioral Health Clinic Certification Criteria published
by the Substance Abuse and Mental Health Services Administration on a publicly
available website.
Subd. 3. Compliance with federal CCBHC standards. (a) The commissioner must make the required federal attestation of compliance with state and federal standards to the Centers for Medicare and Medicaid Services (CMS) upon granting a license meeting all requirements of this section.
(b) The commissioner must renew the required attestation to CMS every 36 months if the license holder remains in good standing. If a CCBHC license is revoked during the 36-month term, the commissioner must publicly report the revocation.
(c) A license holder
that has operated under an existing attestation to CMS for two years and three
months must submit the documentation required under subdivision 2, paragraph
(c), to the commissioner.
(d) The commissioner
must complete a licensing review that includes an on-site inspection in the six
months before the expiration of the federal attestation.
Subd. 4. Required
services and scope of licensure. (a)
Within a declared service area, the CCBHC must be able to offer:
(1) mobile crisis
services, directly or through a designated collaborating organization under
subdivision 4;
(2) outpatient mental
health and substance use disorder treatment services under subdivisions 9 and
10;
(3) screening,
diagnosis, and risk assessment under subdivision 11;
(4) person- and
family-centered treatment planning;
(5) psychiatric
rehabilitation services under subdivision 14;
(6) community-based
mental health care for veterans under subdivision 15;
(7) outpatient primary
care screening and monitoring under subdivision 16;
(8) peer services under
subdivision 17; and
(9) targeted case
management under subdivision 18.
(b) A
CCBHC may offer the services listed in paragraph (a) directly or through its
designated collaborating organization. The
CCBHC must deliver the services in a manner reflecting person- and
family-centered care.
Subd. 5. Designated
collaborating organization. (a)
If a CCBHC is unable to provide mobile crisis services, the CCBHC may contract
with another entity that is licensed to provide mobile crisis services under
section 245I.24 and that meets the requirements of the federal CCBHC criteria
as a designated collaborating organization.
(b) The CCBHC must submit
a designated collaborating organization arrangement for approval to the
commissioner as part of the licensing process.
(c) The commissioner must
not approve a designated collaborating organization agreement under this
section to provide services, other than mobile crisis services under section
245I.24, until the commissioner:
(1) implements a mechanism to administer payments for CCBHC services provided under a designated collaborating organization arrangement in a manner that ensures proper payment in compliance with state and federal law; or
(2) determines that the
Medicaid Management Information System has the capability to pay for CCBHC
services provided under a designated collaborating organization arrangement in
compliance with state and federal law.
Subd. 6. Exemptions
to host county approval. Notwithstanding
any other law that requires a county contract or other form of county approval
for a service listed in subdivision 4, a CCBHC that meets the requirements of
this section may receive the prospective payment under section 256B.0625,
subdivision 5m, for that service without a county contract or county approval.
Subd. 7. Variances. When the standards listed in this
section or other applicable standards conflict or address similar issues in
duplicative or incompatible ways, the commissioner may grant variances to state
requirements if the variances do not conflict with federal requirements for
services reimbursed under medical assistance.
If standards overlap, the commissioner may substitute all or a part of a
licensure or certification that is substantially the same as another licensure
or certification. The commissioner must
consult with stakeholders before granting variances under this provision. For a CCBHC that is licensed but not approved
for prospective payment under section 256B.0625, subdivision 5m, the
commissioner may grant a variance under this paragraph if the variance does not
increase the state share of costs.
Subd. 8. Evidence-based
practices. The commissioner
must issue a list of required evidence-based practices to be delivered by
CCBHCs and may also provide a list of recommended evidence-based practices. The commissioner may update the list to
reflect advances in outcomes research and medical services for persons living
with mental illnesses or substance use disorders. When developing the list, the commissioner
must consider the adequacy of evidence to support the efficacy of the practice
across cultures and ages, the workforce available, and the current availability
of the practices in the state. At least
30 days before issuing the initial list or issuing any revisions, the
commissioner must provide stakeholders with an opportunity to comment.
Subd. 9. Outpatient
mental health services. (a) A
license holder must provide outpatient mental health services that comply with
the federal CCBHC criteria and applicable state standards in this chapter,
except as provided in this subdivision.
(b) Completion of an
initial or comprehensive evaluation fulfills the requirements to perform a
diagnostic assessment in accordance with section 245I.10, subdivisions 2 and 6.
(c) An integrated
treatment plan under this section fulfills the requirements to conduct
treatment planning in accordance with section 245I.10, subdivisions 7 and 8.
(d) A license holder
under this section is exempt from certification as a mental health clinic under
section 245I.20.
Subd. 10. Outpatient
substance use disorder treatment. (a)
When a license holder provides substance use disorder treatment services to an
individual with a substance use disorder diagnosis, the license holder must
comply with the requirements for substance use disorder treatment services in
chapter 245G, except as provided in this subdivision.
(b) Completion of a
preliminary triage and risk assessment under this section fulfills the
requirements to complete an initial services plan under section 245G.04,
subdivision 1.
(c) Completion of a
comprehensive evaluation under this section fulfills the requirements to
administer a comprehensive assessment under section 245G.05.
(d) An integrated
treatment plan under this section that contains a six-dimension analysis of the
client's needs according to the most recently published edition of the American
Society of Addiction Medicine criteria, as defined in section 254B.01, subdivision
2a, fulfills the requirements to provide an individual treatment plan under
section 245G.06.
(e) A license holder
under this section fulfills the requirement to document personnel files under
section 245G.13, subdivision 3, by complying with the requirements of this
chapter.
(f) A license holder
under this section fulfills the requirement to protect client rights under
section 245G.15 by complying with the requirements of section 245I.12.
(g) A license holder
under this section fulfills the requirements to respond to behavioral
emergencies under section 245G.16 by complying with the requirements of section
245I.03, subdivision 4.
(h) A license holder
under this section is exempt from licensure under chapter 245G.
Subd. 11. Preliminary
triage and risk assessment. (a)
A license holder must have policies and procedures on:
(1) how staff will
implement the requirements of this subdivision;
(2) staff positions
authorized to complete triage and risk assessments;
(3) documenting the
results of the risk screenings; and
(4) ensuring the client
is offered timely services according to the federal CCBHC criteria.
(b) A license holder
must conduct a preliminary triage and risk assessment when a new client
requests services or is referred to services.
A license holder may conduct a preliminary triage and risk assessment in
person, by telephone, or through other remote communication. Based on the acuity of needs as assessed in
the preliminary triage and risk assessment, the client must be categorized as
having emergency, urgent, or routine needs.
(c) Based on these
categorizations, the license holder must offer services that meet the relevant
timelines under the federal CCBHC criteria.
(d) The license holder
must provide training that addresses:
(1) when a prospective
client requires intervention from qualified staff;
(2) the use of
standardized measures that screen for significant risks;
(3)
other factors that indicate a client has urgent needs besides the Columbia
Suicide Severity Rating Scale or a self-harm screening; and
(4) overdose and
substance use disorder risks.
Subd. 12. Initial
and comprehensive evaluation. (a)
A license holder under this section must provide initial and comprehensive
evaluations according to this section and federal CCBHC criteria.
(b) An initial
evaluation is necessary to authorize the provision of all medically necessary
CCBHC services until the completion of a comprehensive evaluation. A comprehensive evaluation is necessary to
authorize the provision of all medically necessary CCBHC services on an ongoing
basis. A license holder must ensure that
each client's comprehensive evaluation reflects the needs and assessments for
all services provided.
Subd. 13. Integrated
treatment plan. (a) A license
holder under this section must complete an integrated treatment plan for each
client following the client's comprehensive evaluation no later than 60
calendar days after the date of the first request for services.
(b) A license holder
must document all required services under subdivision 9 within the integrated
treatment plan based on the client's needs.
(c) A license holder
must review and update a client's integrated treatment plan as necessary to
reflect the changing needs of the client and progress made in treatment. If the client has not made treatment
progress, updates to the treatment plan must indicate changes in the license
holder's approach to treatment to better meet the needs of the client. A license holder must review and update the
integrated treatment plan at least every 180 days or as clinically indicated.
Subd. 14. Psychiatric
rehabilitation services. (a)
For children, a license holder under this section must provide children's
therapeutic services and supports according to section 245I.30, except that an
initial or comprehensive assessment under this section fulfills the requirement
to perform a standard diagnostic assessment.
A license holder under this section may elect to provide services
according to section 245I.31 under their license.
(b) For adults, a
license holder under this section must provide adult rehabilitative mental
health services according to section 245I.22, except that:
(1) the license holder
is exempt from the requirement to perform a level of care assessment under
section 245I.22, subdivision 6, paragraph (b); and
(2) an initial or
comprehensive assessment under this section fulfills the requirement to perform
a standard diagnostic assessment.
(c) A license holder
under this section is exempt from licensure under sections 245I.22, 245I.24,
245I.30, and 245I.31.
Subd. 15. Community-based
care for veterans. (a) The
license holder must provide services according to federal requirements for
eligibility and coordination with TRICARE and the United States Department of
Veterans Affairs.
(b) The license holder
must assign and document a principal behavioral health provider for every
veteran receiving services.
Subd. 16. Primary
care screening and monitoring. To
fulfill the requirements for primary care screening, a license holder under
this section must have policies and procedures detailing the screenings to be
performed with specific populations at the clinic. The policies and procedures must be approved
by the medical director.
Subd. 17. Peer
services. A license holder
must be able to provide peer services as described by federal CCBHC criteria
and sections 245G.07, subdivision 2, clause (8), 256B.0615, and 256B.0616.
Subd. 18. Targeted
case management. (a) A
license holder must provide mental health targeted case management as described
by federal CCBHC criteria and section 256B.0625, subdivision 20.
(b) An initial or
comprehensive evaluation under this section fulfills any requirement to perform
a standard diagnostic assessment for targeted case management.
Subd. 19. Community
needs assessment. (a) The
applicant or licensed clinic shall conduct a community needs assessment every
36 months that meets all requirements outlined in the federal criteria.
(b) An existing license
holder must include an analysis of which needs from prior needs assessments
have been improved by the operation of the CCBHC.
Subd. 20. Staffing
plan. (a) Based on an
approved community needs assessment, the applicant or license holder must
complete a staffing plan that is responsive to the community needs assessment
and meets the federal criteria no less often than every 36 months.
(b) The commissioner
must provide feedback and technical assistance if the commissioner determines
the license holder must revise the staffing plan.
Subd. 21. Data
and evaluation. A provider
must submit documentation that establishes the ability of the clinic to
complete the required data collection as a CCBHC, as determined by the
commissioner. For an applicant that is
an existing provider, the commissioner must review and evaluate data submitted
related to federal and state CCBHC reporting standards to ensure the data meets
reporting requirements.
Subd. 22. Cost
reporting. A provider must
submit a cost report on the forms and in the manner required in section
256B.0625, subdivision 5m.
Subd. 23. Change
of service area or population served.
(a) A CCBHC license holder may submit a request to the
commissioner to modify the CCBHC's service area or population served by
submitting updated documentation in a format approved by the commissioner.
(b) A CCBHC license holder may request a modification under this subdivision no more often than once every 12 months.
(c) The commissioner may
deny a license holder's request to change its service area or populations under
this subdivision if the license holder fails to demonstrate compliance with the
federal criteria and scope of service requirements under section 223(a)(2)(D)
of the federal Patient Access to Medicare Act of 2014.
Sec. 32. [245I.22]
ADULT REHABILITATIVE MENTAL HEALTH SERVICES.
Subdivision 1. Generally. Beginning January 1, 2028, a provider
of adult mental health rehabilitative services must be licensed under this
section and chapter 245A.
Subd. 2. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given.
(b) "Adult mental
health rehabilitative services" or "ARMHS" has the meaning given
in section 245I.02, subdivision 33.
(c) "Basic living
skills" means rehabilitative interventions that instruct, assist, and
support the client with:
(1) interpersonal
communication skills;
(2) community resource
utilization and integration skills;
(3) crisis planning;
(4) relapse prevention
skills;
(5) health care
directives;
(6) budgeting and
shopping skills;
(7) healthy lifestyle
skills and practices;
(8) cooking and
nutrition skills;
(9) transportation
skills;
(10) mental illness
symptom management skills;
(11) household
management skills;
(12) employment-related
skills; and
(13) parenting skills.
(d) "Community
intervention" means a client's community assisting in the client's
rehabilitation, including consultation with relatives, guardians, friends,
employers, treatment providers, and other significant individuals. Community intervention is appropriate when
directed exclusively to the treatment of the client.
(e) "Medication
education services" means services provided individually or in groups that
focus on educating the client about mental illness and symptoms, the role and
effects of medications in treating symptoms of mental illness, and the side
effects of medications. Medication
education services must be coordinated with, but must not duplicate, medication
management services. Medication
education services must be provided by physicians, advanced practice registered
nurses, pharmacists, physician assistants, or registered nurses.
(f) "Transition to
community living services" means services that maintain continuity of
contact between the ARMHS provider and the client and facilitate discharge from
a hospital, residential treatment program, board and lodging facility, or nursing
home. Transition to community living
services must not be used to provide other areas of adult rehabilitative mental
health services.
Subd. 3. Service
components. An ARMHS provider
must be capable of providing:
(1) basic living skills;
(2) medication education
services;
(3) community intervention; and
(4) transition to
community living services.
Subd. 4. Provider
requirements. An ARMHS
license holder must be enrolled with medical assistance and comply with
standards in section 256B.0623.
Subd. 5. Qualifications. ARMHS must be provided by:
(1) a mental health
professional qualified under section 245I.04, subdivision 2;
(2) a certified
rehabilitation specialist qualified under section 245I.04, subdivision 8;
(3) a clinical trainee
qualified under section 245I.04, subdivision 6;
(4) a behavioral health
practitioner qualified under section 245I.04, subdivision 4;
(5) a mental health
certified peer specialist qualified under section 245I.04, subdivision 12; or
(6) a mental health
rehabilitation worker qualified under section 245I.04, subdivision 14.
Subd. 6. Service
planning. (a) An ARMHS
provider must complete a written functional assessment according to section
245I.10, subdivision 9, for each client.
(b) When an ARMHS
provider completes a written functional assessment, the provider must also
complete a level of care assessment, as defined in section 245I.02, subdivision
19, for the client.
Subd. 7. Group
modality. ARMHS may be
provided in group settings if appropriate to each participating client's needs
and treatment plan. A group is defined
as two to ten clients, at least one of whom is concurrently receiving ARMHS. The service and group must be specified in
the client's individual treatment plan.
Sec. 33. Minnesota Statutes 2024, section 245I.23, subdivision 4, is amended to read:
Subd. 4. Required intensive residential treatment services. (a) On a daily basis, the license holder must follow a client's treatment plan to provide intensive residential treatment services to the client to improve the client's functioning.
(b) The license holder must offer and have the capacity to directly provide the following treatment services to each client:
(1) daily rehabilitative mental health services;
(2) crisis prevention planning to assist a client with:
(i) identifying and addressing patterns in the client's history and experience of the client's mental illness; and
(3) health services and administering medication;
(4) co-occurring substance use disorder treatment;
(5) engaging the client's family and other natural supports in the client's treatment and educating the client's family and other natural supports to strengthen the client's social and family relationships; and
(6) making referrals for the client to other service providers in the community and supporting the client's transition from intensive residential treatment services to another setting.
(c) The license holder must include Illness Management and Recovery (IMR), Enhanced Illness Management and Recovery (E-IMR), or other similar interventions in the license holder's programming as approved by the commissioner.
Sec. 34. Minnesota Statutes 2024, section 245I.23, subdivision 5, is amended to read:
Subd. 5. Required residential crisis stabilization services. (a) On a daily basis, the license holder must follow a client's individual crisis treatment plan to provide services to the client in residential crisis stabilization to improve the client's functioning.
(b) The license holder must offer and have the capacity to directly provide the following treatment services to the client:
(1) daily crisis stabilization services as described in section 256B.0624, subdivision 7;
(2) rehabilitative mental health services;
(3) health services and administering the client's medications; and
(4) making referrals for the client to other service providers in the community and supporting the client's transition from residential crisis stabilization to another setting.
Sec. 35. Minnesota Statutes 2025 Supplement, section 245I.23, subdivision 7, is amended to read:
Subd. 7. Intensive residential treatment services assessment and treatment planning. (a) Within 12 hours of a client's admission, the license holder must evaluate and document the client's immediate needs, including the client's:
(1) health and safety, including the client's need for crisis assistance;
(2) responsibilities for children, family and other natural supports, and employers; and
(3) housing and legal issues.
(b) Within 24 hours of the client's admission, the license holder must complete an initial treatment plan for the client. The license holder must:
(1) base the client's initial treatment plan on the client's referral information and an assessment of the client's immediate needs;
(3) identify the client's initial treatment goals, measurable treatment objectives, and specific interventions, and the frequency of interventions, that the license holder will use to help the client engage in treatment;
(4) identify the participants involved in the client's treatment planning. The client must be a participant; and
(5) ensure that a treatment supervisor approves of the client's initial treatment plan if a behavioral health practitioner or clinical trainee completes the client's treatment plan, notwithstanding section 245I.08, subdivision 3.
(c) According to section 245A.65, subdivision 2, paragraph (b), the license holder must complete an individual abuse prevention plan as part of a client's initial treatment plan.
(d) Within five days of the client's admission and again within 60 days after the client's admission, the license holder must complete a level of care assessment of the client. If the license holder determines that a client does not need a medically monitored level of service, a treatment supervisor must document how the client's admission to and continued services in intensive residential treatment services are medically necessary for the client.
(e) Within ten days of a client's admission, the license holder must complete or review and update the client's standard diagnostic assessment.
(f) Within ten days of a client's admission, the license holder must complete the client's individual treatment plan, notwithstanding section 245I.10, subdivision 8. Within 40 days after the client's admission and again within 70 days after the client's admission, the license holder must update the client's individual treatment plan. The license holder must focus the client's treatment planning on preparing the client for a successful transition from intensive residential treatment services to another setting. The individual treatment plan must be based on the client's diagnostic assessment and functional assessment and must contain, at a minimum, identified goals according to subdivision 4, paragraph (b), clauses (1) to (3), or subdivision 5, paragraph (b), clause (1), as applicable. In addition to the required elements of an individual treatment plan under section 245I.10, subdivision 8, the license holder must identify the following information in the client's individual treatment plan: (1) the client's referrals and resources for the client's health and safety; and (2) the staff persons who are responsible for following up with the client's referrals and resources. If the client does not receive a referral or resource that the client needs, the license holder must document the reason that the license holder did not make the referral or did not connect the client to a particular resource. The license holder is responsible for determining whether additional follow-up is required on behalf of the client.
(g) Within 30 days of the client's admission, the license holder must complete a functional assessment of the client. Within 60 days after the client's admission, the license holder must update the client's functional assessment to include any changes in the client's functioning and symptoms.
(h) For a client with a current substance use disorder diagnosis and for a client whose substance use disorder screening in the client's standard diagnostic assessment indicates the possibility that the client has a substance use disorder, the license holder must complete a written assessment of the client's substance use within 30 days of the client's admission. In the substance use assessment, the license holder must: (1) evaluate the client's history of substance use, relapses, and hospitalizations related to substance use; (2) assess the effects of the client's substance use on the client's relationships including with family member and others; (3) identify financial problems, health issues, housing instability, and unemployment; (4) assess the client's legal problems, past and pending incarceration, violence, and victimization; and (5) evaluate the client's suicide attempts, noncompliance with taking prescribed medications, and noncompliance with psychosocial treatment.
Sec. 36. Minnesota Statutes 2025 Supplement, section 245I.23, subdivision 10, is amended to read:
Subd. 10. Minimum treatment team staffing levels and ratios. (a) The license holder must maintain a treatment team staffing level sufficient to:
(1) provide continuous daily coverage of all shifts;
(2) follow each client's treatment plan and meet each client's needs as identified in the client's treatment plan;
(3) implement program requirements; and
(4) safely monitor and guide the activities of each client, taking into account the client's level of behavioral and psychiatric stability, cultural needs, and vulnerabilities.
(b) The license holder must ensure that treatment team members:
(1) remain awake during all work hours; and
(2) are available to monitor and guide the activities of each client whenever clients are present in the program.
(c) On each shift, the license holder must maintain a treatment team staffing ratio of at least one treatment team member to nine clients. If the license holder is serving nine or fewer clients, at least one treatment team member on the day shift must be a mental health professional, clinical trainee, certified rehabilitation specialist, or behavioral health practitioner. If the license holder is serving more than nine clients, at least one of the treatment team members working during both the day and evening shifts must be a mental health professional, clinical trainee, certified rehabilitation specialist, or behavioral health practitioner.
(d) If the license holder provides residential crisis stabilization to clients and is serving at least one client in residential crisis stabilization and more than four clients in residential crisis stabilization and intensive residential treatment services, the license holder must maintain a treatment team staffing ratio on each shift of at least two treatment team members during the client's first 48 hours in residential crisis stabilization.
(e) The license holder
must maintain documentation of a daily staffing schedule indicating the names
and credentials of individuals providing services, according to the record
retention requirements under section 245A.041.
Sec. 37. Minnesota Statutes 2024, section 245I.23, subdivision 12, is amended to read:
Subd. 12. Daily documentation. (a) For each day that a client is present in the program, the license holder must provide a daily summary in the client's file that includes observations about the client's behavior and symptoms, including any critical incidents in which the client was involved, and documentation of a daily medically necessary rehabilitation service according to section 245I.08.
(b) For each day that a client is not present in the program, the license holder must document the reason for a client's absence in the client's file.
Subd. 17. Admissions referrals and determinations. (a) The license holder must identify the information that the license holder needs to make a determination about a person's admission referral.
(b) The license holder must:
(1) always be available to receive referral information about a person seeking admission to the license holder's program;
(2) respond to the referral source within eight hours of receiving a referral and, within eight hours, communicate with the referral source about what information the license holder needs to make a determination concerning the person's admission;
(3) consider the license
holder's staffing ratio and the areas of treatment team members' competency
when determining whether the license holder is able to meet the needs of a
person seeking admission; and
(4) determine whether to
admit a person within 72 hours of receiving all necessary information from the
referral source.; and
(5) document client
eligibility according to subdivision 15, paragraph (a), and subdivision 16.
Sec. 39. [245I.24]
MOBILE CRISIS RESPONSE SERVICES.
Subdivision 1. Generally. (a) Mobile crisis response services
provide short-term, face-to-face mental health care in community settings for
adults and children experiencing crisis to help individuals maintain safety and
return to a baseline level of functioning.
(b) Beginning January 1,
2028, a provider of mobile crisis response services must be licensed under this
section and chapter 245A.
Subd. 2. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given.
(b) "Crisis
assessment" means an immediate face-to-face assessment by a physician, a
mental health professional, or a qualified member of a crisis team, as
described in subdivision 5.
(c) "Crisis
intervention" means face-to-face, short-term intensive mental health
services initiated during a mental health crisis to help an individual cope
with immediate stressors, identify and utilize available resources and
strengths, engage in voluntary treatment, and begin to return to the
individual's baseline level of functioning.
(d) "Crisis
screening" means a screening of a client's potential mental health crisis
situation under subdivision 6.
(e) "Crisis
stabilization services" means individualized mental health services that
are designed to restore an individual to the individual's baseline level of
functioning. Crisis stabilization
services may be provided in the individual's home, the home of a family member
or friend of the individual, another community setting, a short-term supervised
licensed residential program, or an emergency department. Crisis stabilization services include family
psychoeducation.
(f) "Crisis
team" means the staff of a provider entity who are supervised and prepared
to provide mobile crisis services to a client in a potential mental health
crisis situation.
(g)
"Mental health crisis" is a behavioral, emotional, or psychiatric
situation that, without the provision of crisis response services, would likely
result in significantly reducing the individual's levels of functioning in
primary activities of daily living, the individual needing emergency services
under section 62Q.55, or the individual being placed in a more restrictive
setting, including but not limited to inpatient hospitalization.
(h) "Mobile crisis
services" means screening, assessment, intervention, and community-based
crisis stabilization services that are provided to an individual client. Mobile crisis services does not include
residential crisis stabilization.
Subd. 3. Eligibility. (a) An individual is eligible for crisis assessment services when the person has screened positive for a potential mental health crisis during a crisis screening.
(b) An individual is
eligible for crisis intervention services and crisis stabilization services
when the individual has been assessed during a crisis assessment to be
experiencing a mental health crisis.
Subd. 4. Policies,
procedures, and practices specified.
(a) In addition to the policies and procedures required by
section 245I.03, the license holder must establish, enforce, and maintain
policies and procedures to:
(1) ensure that crisis
screenings, crisis assessments, and crisis intervention services are available
24 hours per day, seven days per week;
(2) respond to a call
for services in a designated service area or according to a written agreement
with the local mental health authority for an adjacent area;
(3) have at least one
mental health professional on staff at all times and at least one additional
staff member capable of leading a crisis response in the community; and
(4) respond to clients
in the community according to the requirements and priorities in subdivision 6.
(b) The license holder
must provide the commissioner with information about the number of requests for
service, the number of clients that the provider serves face-to-face, and
client outcomes at least every six months, in a form and manner prescribed by
the commissioner.
(c) The license holder
must:
(1) provide support for
an individual's family and natural supports by enabling the individual's family
and natural supports to observe and participate in the individual's treatment,
assessments, and planning services;
(2) implement culturally
specific treatment identified in the crisis treatment plan that is meaningful
and appropriate, as determined by the individual's culture, beliefs, values,
and language;
(3) respond to an
individual's changing intervention and care needs, as identified by the
individual or a family member; and
(4) have the
communication tools and procedures to communicate and consult promptly about
crisis assessment and interventions as services are provided.
(d) The
license holder must coordinate services with:
(1) county emergency
services under section 245.469, community hospitals, ambulance services,
transportation services, social services, law enforcement, engagement services,
and mental health crisis services through regularly scheduled interagency
meetings;
(2) other behavioral
health service providers, county mental health authorities, or federally
recognized American Indian authorities, and others as necessary, with the
consent of the individual or parent or guardian;
(3) detoxification,
withdrawal management services, and medical stabilization services as needed;
and
(4) the individual's case
manager if the individual is receiving case management services.
Subd. 5. Crisis
assessment and intervention staff qualifications. (a) Crisis assessment and intervention
services must be provided by:
(1) a mental health
professional qualified under section 245I.04, subdivision 2;
(2) a clinical trainee
qualified under section 245I.04, subdivision 6;
(3) a behavioral health
practitioner qualified under section 245I.04, subdivision 4;
(4) a mental health
certified family peer specialist qualified under section 245I.04, subdivision
12; or
(5) a mental health
certified peer specialist qualified under section 245I.04, subdivision 10.
(b) When crisis
assessment and intervention services are provided to an individual in the
community, a mental health professional, clinical trainee, or mental health
practitioner must lead the response.
(c) For providers under
this section, the 30 hours of ongoing training required by section 245I.05,
subdivision 4, paragraph (b), must be specific to providing crisis services to
children and adults and include training about evidence-based practices identified
by the commissioner of health to reduce the individual's risk of suicide and
self‑injurious behavior.
(d) At least six hours of
the ongoing training under paragraph (c) must be specific to working with
families and providing crisis stabilization services to children and include
the following topics:
(1) developmental tasks
of childhood and adolescence;
(2) family relationships;
(3) child and youth
engagement and motivation, including motivational interviewing;
(4) culturally responsive
care, including care for lesbian, gay, bisexual, transgender, and queer youth;
(5) positive behavior
support;
(6) crisis intervention
for youth with developmental disabilities;
(7) child traumatic
stress, trauma-informed care, and trauma-focused cognitive behavioral therapy;
and
(8) youth substance use.
(e)
Individual providers must be experienced in crisis assessment, crisis
intervention techniques, treatment engagement strategies, working with
families, and clinical decision making under emergency conditions and have
knowledge of local services and resources.
Subd. 6. Crisis
screening. (a) A license
holder may use the resources of emergency services under section 245.469 for
crisis screening. The crisis screening
must gather information, determine whether a mental health crisis situation
exists, identify parties involved, and determine an appropriate response.
(b) When conducting a
crisis screening, a provider must:
(1) employ evidence-based
practices to reduce the individual's risk of suicide and self-injurious
behavior;
(2) work with the
individual to establish a plan and time frame for responding to the
individual's mental health crisis, including responding to the individual's
immediate need for support by telephone or text message until the provider can
respond to the individual face-to-face;
(3) document significant
factors in determining whether the individual is experiencing a mental health
crisis, including prior requests for crisis services, an individual's recent
presentation at an emergency department, known calls to 911 or law enforcement,
or information from third parties with knowledge of an individual's history or
current needs;
(4) accept calls from
interested third parties and consider the additional needs or potential mental
health crises that the third parties may be experiencing;
(5) provide
psychoeducation, including reducing access to means of suicide, to relevant
third parties including family members or other persons living with the
individual; and
(6) consider other
available services to determine which service intervention would best address
the individual's needs and circumstances.
(c) For the purposes of
this section, the following situations indicate a positive screen for a
potential mental health crisis:
(1) the individual
presents at an emergency department or urgent care setting and the health care
team at that location requested crisis services; or
(2) a peace officer
requested crisis services for an individual who is potentially subject to
transportation under section 253B.051.
(d) The provider must
prioritize providing a face-to-face crisis assessment of the individual, unless
a provider documents specific evidence to show why the face-to-face assessment
was not possible, including insufficient staffing resources, concerns for staff
or individual safety, or other clinical factors.
(e) A provider is not
required to have direct contact with the individual to determine that the
individual is experiencing a potential mental health crisis. A mobile crisis provider may gather relevant
information about the individual from a third party to establish the
individual's need for services and potential safety factors.
Subd. 7. Crisis
assessment. (a) If an
individual screens positive for a potential mental health crisis, a crisis
assessment must be completed. A crisis
assessment must evaluate any immediate needs for which services are needed and,
as time permits, the individual's:
(1) current life
situation;
(2)
health information, including current medications;
(3) sources of stress;
(4) mental health
problems and symptoms;
(5) strengths;
(6) cultural
considerations;
(7) support network;
(8) vulnerabilities;
(9) current functioning;
and
(10) preferences, as
communicated directly by the individual or as communicated in a health care
directive as described in chapters 145C and 253B, the crisis treatment plan
described in subdivision 11, a crisis prevention plan, or a wellness recovery
action plan.
(b) A provider must
conduct a crisis assessment at the individual's location when appropriate and,
when not appropriate, document the reasons.
(c) Whenever possible,
the assessor must attempt to include input from the individual, the
individual's family, and other natural supports to assess whether a crisis
exists.
(d) A crisis assessment
must include a determination of:
(1) whether the
individual is willing to voluntarily engage in treatment;
(2) whether the
individual has an advance directive; and
(3) gathering the
individual's information and history from involved family or other natural
supports.
(e) If a team determines
that the individual does not need an acute level of care, the team must provide
services or service coordination if the individual has a co-occurring substance
use disorder and is otherwise eligible for services.
(f) If, after completing
a crisis assessment, a provider refers the individual to an intensive setting,
including an emergency department, inpatient hospitalization, or residential
crisis stabilization, one of the crisis team members who completed or conferred
about the individual's crisis assessment must immediately contact the referral
entity and consult with the staff responsible for triage or intake at the
referral entity. During the
consultation, the crisis team member must convey key findings or concerns that
led to the individual's referral. Following
the consultation, the provider must also send written documentation to the
referral entity. The provider must
document if the individual or the individual's legal guardian signed releases
for health records or if an exception under section 144.293, subdivision 5,
exists.
Subd. 8. Crisis
intervention services. (a) If
the crisis assessment determines an individual needs mobile crisis intervention
services, the license holder must provide crisis intervention services promptly. As able during the intervention, at least two
members of the mobile crisis intervention team must confer directly or by
telephone about the crisis assessment, crisis treatment plan, and actions taken
and needed. At least one of the team
members must be providing face-to-face crisis intervention services. If providing crisis intervention services, a
clinical trainee or mental health practitioner must seek treatment supervision
as required in subdivision 10.
(b) If
a provider delivers crisis intervention services while the individual is
absent, the provider must document the reason for delivering services while the
individual is absent.
(c) The mobile crisis
intervention team must develop a crisis treatment plan according to subdivision
11.
(d) The mobile crisis
intervention team must document which crisis treatment plan goals and
objectives have been met and when no further crisis intervention services are
required.
(e) If the individual's
mental health crisis is stabilized, but the individual needs a referral to
other services, the team must provide referrals to these services. If the individual is unable to follow up on
the referral, the team must link the individual to the service and follow up to
ensure the individual is receiving the service.
Subd. 9. Crisis
stabilization services. (a)
Crisis stabilization services must be provided by qualified staff of a crisis
stabilization services provider entity, which must:
(1) develop a crisis
treatment plan that meets the criteria in subdivision 11;
(2) complete a
vulnerable adult determination in accordance with section 245A.65, subdivision
1a;
(3) deliver crisis
stabilization services according to the crisis treatment plan and include
face-to-face contact with the individual receiving services by qualified staff
for further assessment, help with referrals, updating of the crisis treatment
plan, skills training, and collaboration with other service providers in the
community;
(4) if the provider
delivers crisis stabilization services while the individual is absent, document
the reason for delivering services while the individual is absent; and
(5) if the individual's
mental health crisis is stabilized and the individual does not have a health
care directive or psychiatric declaration, as defined in chapter 145C or
section 253B.03, subdivision 6d, offer to work with the individual to develop a
directive or declaration.
(b) A staff member
providing crisis stabilization services must be:
(1) a mental health
professional qualified under section 245I.04, subdivision 2;
(2) a certified
rehabilitation specialist qualified under section 245I.04, subdivision 8;
(3) a clinical trainee
qualified under section 245I.04, subdivision 6;
(4) a behavioral health practitioner qualified under section 245I.04, subdivision 4;
(5) a mental health
certified family peer specialist qualified under section 245I.04, subdivision
12;
(6) a mental health
certified peer specialist qualified under section 245I.04, subdivision 10; or
(7) a mental health
rehabilitation worker qualified under section 245I.04, subdivision 14.
(c) For providers under
this section, the 30 hours of ongoing training required in section 245I.05,
subdivision 4, paragraph (b), must be specific to providing crisis services to
children and adults and include training about evidence-based practices identified
by the commissioner of health to reduce an individual's risk of suicide and
self‑injurious behavior.
(d)
For providers who deliver care to children 21 years of age or younger, at least
six hours of the ongoing training under this subdivision must be specific to
working with families and providing crisis stabilization services to children,
including the following topics:
(1) developmental tasks
of childhood and adolescence;
(2) family
relationships;
(3) child and youth
engagement and motivation, including motivational interviewing;
(4) culturally
responsive care, including care for lesbian, gay, bisexual, transgender, and
queer youth;
(5) positive behavior
support;
(6) crisis intervention
for youth with developmental disabilities;
(7) child traumatic
stress, trauma-informed care, and trauma-focused cognitive behavioral therapy;
and
(8) youth substance use.
This paragraph does not apply to adult
residential crisis stabilization services providers licensed under section
245I.23 or providing services pursuant to section 256B.0624, subdivision 7a.
Subd. 10. Supervision. Clinical trainees and mental health
practitioners may provide crisis assessment and crisis intervention services if
the following treatment supervision requirements are met:
(1) the license holder
must accept full responsibility for the services provided;
(2) a mental health
professional working for the license holder must be immediately available by
telephone or in person for treatment supervision;
(3) a mental health
professional must be consulted, in person or by telephone, during the first
three hours when a clinical trainee or mental health practitioner provides
crisis assessment or crisis intervention services; and
(4) a mental health
professional must:
(i) review and approve,
as defined in section 245I.02, subdivision 2, the tentative crisis assessment
and crisis treatment plan within 24 hours of first providing services to the
individual, notwithstanding section 245I.08, subdivision 3; and
(ii) document the
consultation required in clause (3).
Subd. 11. Crisis
treatment plan. (a) Within 24
hours of an individual's admission, the license holder must complete the
individual's crisis treatment plan. The
license holder must:
(1) base the
individual's crisis treatment plan on the individual's crisis assessment;
(2) consider crisis
assistance strategies that have been effective for the individual in the past;
(3) for
a child, use a child-centered, family-driven, and culturally appropriate
planning process that allows the child's parents and guardians to observe or
participate in the child's individual and family treatment services,
assessment, and treatment planning;
(4) for an adult, use a
person-centered, culturally appropriate planning process that allows the
individual's family and other natural supports to observe or participate in
treatment services, assessment, and treatment planning;
(5) identify the
participants involved in the individual's treatment planning. The individual must be a participant if
possible;
(6) identify the
individual's initial treatment goals, measurable treatment objectives, and
specific interventions that the license holder will use to help the person
engage in treatment;
(7) include documentation
of referral to and scheduling of services, including specific providers where
applicable;
(8) ensure that the
individual or the individual's legal guardian approves under section 245I.02,
subdivision 2, of the individual's crisis treatment plan unless a court orders
the individual's treatment plan under chapter 253B. If the individual or the individual's legal
guardian disagrees with the crisis treatment plan, the license holder must
document in the client file the reasons why the individual disagrees with the
crisis treatment plan; and
(9) ensure that a
treatment supervisor approves, as defined in section 245I.02, subdivision 2, of
the individual's treatment plan within 24 hours of the individual's admission
if a mental health practitioner or clinical trainee completes the crisis treatment
plan, notwithstanding section 245I.08, subdivision 3.
(b) The provider entity
must provide the individual and the individual's legal guardian with a copy of
the crisis treatment plan.
Subd. 12. Application
requirements. In a licensing
application submitted under this section and section 245A.04, the applicant
must demonstrate that the applicant is:
(1) enrolled as a medical
assistance provider; and
(2) in compliance with
the provider type requirements under section 256B.0624, subdivision 4, as
determined by the commissioner.
Sec. 40. [245I.30]
CHILDREN'S THERAPEUTIC SERVICES AND SUPPORTS.
Subdivision 1. Generally. (a) "Children's therapeutic
services and supports" means a flexible package of community-based mental
health services for children who require varying therapeutic and rehabilitative
levels of intervention to treat a diagnosed mental illness. Interventions are delivered using various
treatment modalities and combinations of services designed to reach treatment
outcomes identified in the individual treatment plan. Children's therapeutic services and supports
include development and rehabilitative services that support a child's
developmental treatment needs.
(b) Beginning January 1,
2028, a provider of children's therapeutic services and supports must be
licensed under this section and chapter 245A.
Subd. 2. Service
components. (a) A children's
therapeutic services and supports license holder must be capable of providing:
(1) individual and family
psychotherapy, psychotherapy for crises, and group psychotherapy;
(2)
individual, family, or group skills training; and
(3) crisis planning.
(b) Crisis planning that
meets the standards in section 245.4871, subdivision 9a, must be offered to
each client's family.
Subd. 3. Provider
requirements. A children's
therapeutic services and supports license holder must be enrolled with medical
assistance and comply with the requirements in section 256B.0943.
Subd. 4. Qualifications
of provider staff. Children's
therapeutic services and supports must be provided by:
(1) a mental health
professional qualified under section 245I.04, subdivision 2;
(2) a clinical trainee
qualified under section 245I.04, subdivision 6;
(3) a behavioral health
practitioner qualified under section 245I.04, subdivision 4;
(4) a mental health
certified family peer specialist qualified under section 245I.04, subdivision
12; or
(5) a mental health
behavioral aide qualified under section 245I.04, subdivision 16.
Subd. 5. Group
modality. Group skills
training may be provided to multiple clients who, because of the nature of the
clients' emotional, behavioral, or social dysfunction, can derive mutual
benefit from interaction in a group setting.
A group must consist of two to ten clients, at least one of whom is a
client and is concurrently receiving a service under this section. The service and group must be specified in
the client's individual treatment plan.
Sec. 41. [245I.31]
CHILDREN'S DAY TREATMENT.
Subdivision 1. Generally. (a) For the purposes of this section,
"children's day treatment program" means a site‑based structured
mental health program consisting of psychotherapy and individual or group
skills training provided by a team under the treatment supervision of a mental
health professional.
(b) A children's day
treatment program must be licensed for a specific location of operation and
must not be part of inpatient or residential treatment services.
(c) A children's day
treatment program must stabilize a client's mental health status while
developing and improving the client's independent living and socialization
skills. The goal of the day treatment
program must be to reduce or relieve the effects of mental illness and provide
training to enable the client to live in the community.
(d) Beginning January 1,
2028, a provider of children's day services must be licensed under this section
and chapter 245A.
Subd. 2. Service
components. A children's day
treatment program must be capable of providing the services in section 245I.30,
subdivision 2.
Subd. 3. Provider
requirements. A children's
day treatment license holder must:
(1) be enrolled as a
provider with medical assistance;
(2) maintain a policy
regarding the use of restrictive procedures and meet the requirements of
section 245.8261;
(3)
maintain a policy on medications in accordance with section 245I.11,
subdivision 6; and
(4) meet group modality
requirements in section 245I.30, subdivision 5.
Subd. 4. Qualifications of provider staff. Children's day treatment services must be provided by:
(1) a mental health
professional qualified under section 245I.04, subdivision 2;
(2) a clinical trainee
qualified under section 245I.04, subdivision 6; or
(3) a behavioral health
practitioner qualified under section 245I.04, subdivision 4.
Sec. 42. Minnesota Statutes 2024, section 256B.0623, subdivision 1, is amended to read:
Subdivision 1. Scope. Subject to federal approval, Medical
assistance covers medically necessary adult rehabilitative mental health
services when the services are provided by an entity meeting the standards
in this section licensed under section 245I.24. The provider entity must make reasonable and
good faith efforts to report individual client outcomes to the commissioner,
using instruments and protocols approved by the commissioner.
Sec. 43. Minnesota Statutes 2024, section 256B.0623, subdivision 3, is amended to read:
Subd. 3. Eligibility. An eligible recipient is an individual who:
(1) is age 18 or older;
(2) is diagnosed with a medical condition, such as mental illness or traumatic brain injury, for which adult rehabilitative mental health services are needed;
(3) has substantial disability and functional impairment in three or more of the areas listed in section 245I.10, subdivision 9, paragraph (a), clause (4), so that self-sufficiency is markedly reduced; and
(4) has had a recent standard diagnostic assessment pursuant to section 245I.10, subdivision 6, by a qualified professional that documents adult rehabilitative mental health services are medically necessary to address identified disability and functional impairments and individual recipient goals.
Sec. 44. Minnesota Statutes 2024, section 256B.0623, subdivision 12, is amended to read:
Subd. 12. Additional
requirements. (a) Providers of
adult rehabilitative mental health services must comply with the requirements
relating to referrals for case management in section 245.467, subdivision 4.
(b) Adult rehabilitative
mental health services are provided for most recipients in the recipient's home
and community. Services may also be
provided at the home of a relative or significant other, job site, psychosocial
clubhouse, drop-in center, social setting, classroom, or other places in the
community. (a) Except for
"transition to community services," the place of service does not
include a regional treatment center, nursing home, residential treatment
facility licensed under Minnesota Rules, parts 9520.0500 to 9520.0670 (Rule
36), or section 245I.23, or an acute care hospital.
(c) Adult rehabilitative
mental health services may be provided in group settings if appropriate to each
participating recipient's needs and individual treatment plan. A group is defined as two to ten clients, at
least one of whom is a recipient, who is concurrently receiving a service which
is identified in this section. The
service and group must be specified in the recipient's individual treatment
plan. (b) No more than two
qualified staff may bill Medicaid for services provided to the same group of
recipients. If two adult rehabilitative
mental health workers bill for recipients in the same group session, they must
each bill for different recipients.
(c) Adult rehabilitative mental health services are appropriate if
provided to enable a recipient to retain stability and functioning, when the
recipient is at risk of significant functional decompensation or requiring more
restrictive service settings without these services.
(d)
(e) Adult rehabilitative
mental health services instruct, assist, and support the recipient in areas
including: interpersonal communication
skills, community resource utilization and integration skills, crisis planning,
relapse prevention skills, health care directives, budgeting and shopping
skills, healthy lifestyle skills and practices, cooking and nutrition skills,
transportation skills, medication education and monitoring, mental illness
symptom management skills, household management skills, employment-related
skills, parenting skills, and transition to community living services.
(f) Community
intervention, including consultation with relatives, guardians, friends,
employers, treatment providers, and other significant individuals, is
appropriate when directed exclusively to the treatment of the client.
Sec. 45. Minnesota Statutes 2024, section 256B.0624, subdivision 1, is amended to read:
Subdivision 1. Scope. (a) Subject to federal approval, Medical
assistance covers medically necessary crisis response services when the
services are provided according to the standards in this section 245I.24.
(b) Subject to federal
approval, Medical assistance covers medically necessary residential crisis
stabilization for adults when the services are provided by an entity licensed
under and meeting the standards in section 245I.23 or an entity with an adult
foster care license meeting the standards in this section subdivision
7a.
(c) The provider entity must make reasonable and good faith efforts to report individual client outcomes to the commissioner using instruments and protocols approved by the commissioner.
Sec. 46. Minnesota Statutes 2024, section 256B.0624, subdivision 4, as amended by Laws 2026, chapter 88, article 1, section 123, is amended to read:
Subd. 4. Provider entity standards. (a) A mobile crisis provider must be:
(1) a county board operated entity;
(2) an Indian health services facility or facility owned and operated by a tribe or Tribal organization operating under United States Code, title 325, section 450f; or
(3) a provider entity that is under contract with the county board in the county where the potential crisis or emergency is occurring. To provide services under this section, the provider entity must directly provide the services; or if services are subcontracted, the provider entity must maintain responsibility for services and billing.
(b) A mobile crisis
provider must meet the following standards:
(1) ensure that crisis
screenings, crisis assessments, and crisis intervention services are available
to a recipient 24 hours a day, seven days a week;
(2) be able to respond
to a call for services in a designated service area or according to a written
agreement with the local mental health authority for an adjacent area;
(3) have at least one
mental health professional on staff at all times and at least one additional
staff member capable of leading a crisis response in the community; and
(4)
provide the commissioner with information about the number of requests for
service, the number of people that the provider serves face-to-face, outcomes,
and the protocols that the provider uses when deciding when to respond in the
community.
(c) A provider entity
that provides crisis stabilization services in a residential setting under
subdivision 7 is not required to meet the requirements of paragraphs (a) and
(b), but must meet all other requirements of this subdivision.
(d) A crisis services
provider must have the capacity to meet and carry out the standards in section
245I.011, subdivision 5, and the following standards:
(1) ensures that staff
persons provide support for a recipient's family and natural supports, by
enabling the recipient's family and natural supports to observe and participate
in the recipient's treatment, assessments, and planning services;
(2) has adequate
administrative ability to ensure availability of services;
(3) is able to ensure
that staff providing these services are skilled in the delivery of mental
health crisis response services to recipients;
(4) is able to ensure
that staff are implementing culturally specific treatment identified in the
crisis treatment plan that is meaningful and appropriate as determined by the
recipient's culture, beliefs, values, and language;
(5) is able to ensure
enough flexibility to respond to the changing intervention and care needs of a
recipient as identified by the recipient or family member during the service
partnership between the recipient and providers;
(6) is able to ensure
that staff have the communication tools and procedures to communicate and
consult promptly about crisis assessment and interventions as services occur;
(7) is able to
coordinate these services with county emergency services, community hospitals,
ambulance, transportation services, social services, law enforcement,
engagement services, and mental health crisis services through regularly
scheduled interagency meetings;
(8) is able to ensure
that services are coordinated with other behavioral health service providers,
county mental health authorities, or federally recognized American Indian
authorities and others as necessary, with the consent of the recipient or
parent or guardian. Services must also
be coordinated with the recipient's case manager if the recipient is receiving
case management services;
(9) is able to ensure
that crisis intervention services are provided in a manner consistent with
sections 245.461 to 245.486 and 245.487 to 245.4879;
(10) is able to
coordinate detoxification services for the recipient according to Minnesota
Rules, parts 9530.6510 to 9530.6590, or withdrawal management according to
chapter 245F;
(11) is able to
establish and maintain a quality assurance and evaluation plan to evaluate the
outcomes of services and recipient satisfaction; and
(12) is an enrolled
medical assistance provider.
(b) A mobile crisis provider must ensure services are provided consistent with section 245.469, subdivisions 1 and 2.
Subd. 7a. Residential
crisis stabilization services in adult foster care settings. (a) If crisis stabilization services
are provided in a supervised, licensed residential setting that serves no more
than four adult residents, and one or more individuals are present at the
setting to receive residential crisis stabilization, the residential setting
staff must include, for at least eight hours per day, at least one mental
health professional, clinical trainee, certified rehabilitation specialist, or
mental health practitioner.
(b) The commissioner must
establish a statewide per diem rate for crisis stabilization services provided
under this paragraph to medical assistance enrollees. The rate for a provider must not exceed the
rate charged by that provider for the same service to other payers. Payment must not be made to more than one
entity for each individual for services provided under this paragraph on a
given day. The commissioner must set
rates prospectively for the annual rate period.
The commissioner must require providers to submit annual cost reports on
a uniform cost reporting form and use submitted cost reports to inform the
rate-setting process. The commissioner
must recalculate the statewide per diem every year.
(c) A provider under this
subdivision must follow the requirements under section 245I.24, subdivisions 4,
paragraphs (c) and (d), and 9.
Sec. 48. Minnesota Statutes 2025 Supplement, section 256B.0625, subdivision 5m, as amended by Laws 2026, chapter 95, article 5, section 27, is amended to read:
Subd. 5m. Certified
community behavioral health clinic services.
(a) Medical assistance covers services provided by a not-for-profit
certified community behavioral health clinic (CCBHC) that meets the
requirements of section 245.735, subdivision 3 245I.17.
(b) The commissioner must reimburse CCBHCs on a per-day basis for each day that an eligible service is delivered using the CCBHC daily bundled rate system for medical assistance payments as described in paragraph (c). The commissioner must include a quality incentive payment in the CCBHC daily bundled rate system as described in paragraph (e). There is no county share for medical assistance services when reimbursed through the CCBHC daily bundled rate system.
(c) The commissioner must ensure that the CCBHC daily bundled rate system for CCBHC payments under medical assistance meets the following requirements:
(1) the CCBHC daily bundled
rate must be a provider-specific rate calculated for each CCBHC, based on the
daily cost of providing CCBHC services and the total annual allowable CCBHC
costs divided by the total annual number of CCBHC visits. For calculating the payment rate, total
annual visits include visits covered by medical assistance and visits not
covered by medical assistance. Allowable
costs include but are not limited to the salaries and benefits of medical
assistance providers; the cost of CCBHC services provided under section 245.735,
subdivision 3, paragraph (a), clauses (6) and (7) 245I.17, subdivision 4;
and other costs such as insurance or supplies needed to provide CCBHC services;
(2) payment must be limited
to one payment per day per medical assistance enrollee when an eligible CCBHC
service is provided. A CCBHC visit is
eligible for reimbursement if at least one of the CCBHC services listed under
section 245.735, subdivision 3, paragraph (a), clause (6) 245I.17,
subdivision 4, is furnished to a medical assistance enrollee by a health
care practitioner or licensed agency employed by or under contract with a
CCBHC;
(3) initial CCBHC daily
bundled rates for newly certified licensed CCBHCs under section 245.735,
subdivision 3, 245I.17 must be established by the commissioner using
a provider-specific rate based on the newly certified licensed
CCBHC's audited historical cost report data adjusted for the expected cost of
delivering CCBHC services. Estimates are
subject to review by the commissioner and must include the expected cost of
providing the full scope of CCBHC services and the expected number of visits
for the rate period;
(5) the commissioner must provide for a 60-day appeals process after notice of the results of the rebasing;
(6) an entity that receives a CCBHC daily bundled rate that overlaps with another federal Medicaid rate is not eligible for the CCBHC rate methodology;
(7) payments for CCBHC services to individuals enrolled in managed care must be coordinated with the state's phase-out of CCBHC wrap payments. The commissioner must complete the phase-out of CCBHC wrap payments within 60 days of the implementation of the CCBHC daily bundled rate system in the Medicaid Management Information System (MMIS), for CCBHCs reimbursed under this chapter, with a final settlement of payments due made payable to CCBHCs no later than 18 months thereafter;
(8) the CCBHC daily bundled rate for each CCBHC must be updated by trending each provider-specific rate by the Medicare Economic Index for primary care services. This update must occur each year in between rebasing periods determined by the commissioner in accordance with clause (4). CCBHCs must provide data on costs and visits to the state annually using the CCBHC cost report established by the commissioner; and
(9) a CCBHC may request a rate adjustment for changes in the CCBHC's scope of services when such changes are expected to result in an adjustment to the CCBHC payment rate by 2.5 percent or more. The CCBHC must provide the commissioner with information regarding the changes in the scope of services, including the estimated cost of providing the new or modified services and any projected increase or decrease in the number of visits resulting from the change. Estimated costs are subject to review by the commissioner. Rate adjustments for changes in scope must occur no more than once per year in between rebasing periods per CCBHC and are effective on the date of the annual CCBHC rate update.
(d) Managed care plans and county-based purchasing plans must reimburse CCBHC providers at the CCBHC daily bundled rate. The commissioner must monitor the effect of this requirement on the rate of access to the services delivered by CCBHC providers. If, for any contract year, federal approval is not received for this paragraph, the commissioner must adjust the capitation rates paid to managed care plans and county-based purchasing plans for that contract year to reflect the removal of this provision. Contracts between managed care plans and county-based purchasing plans and providers to whom this paragraph applies must allow recovery of payments from those providers if capitation rates are adjusted in accordance with this paragraph. Payment recoveries must not exceed the amount equal to any increase in rates that results from this provision. This paragraph expires if federal approval is not received for this paragraph at any time.
(e) The commissioner must implement a quality incentive payment program for CCBHCs that meets the following requirements:
(1) a CCBHC must receive a quality incentive payment upon meeting specific numeric thresholds for performance metrics established by the commissioner, in addition to payments for which the CCBHC is eligible under the CCBHC daily bundled rate system described in paragraph (c);
(2) a CCBHC must be certified
licensed and enrolled as a CCBHC for the entire measurement year to be
eligible for incentive payments;
(3) each CCBHC must receive written notice of the criteria that must be met in order to receive quality incentive payments at least 90 days prior to the measurement year; and
(f) All claims to managed care plans for CCBHC services as provided under this section must be submitted directly to, and paid by, the commissioner on the dates specified no later than January 1 of the following calendar year, if:
(1) one or more managed care plans does not comply with the federal requirement for payment of clean claims to CCBHCs, as defined in Code of Federal Regulations, title 42, section 447.45(b), and the managed care plan does not resolve the payment issue within 30 days of noncompliance; and
(2) the total amount of clean claims not paid in accordance with federal requirements by one or more managed care plans is 50 percent of, or greater than, the total CCBHC claims eligible for payment by managed care plans.
If the conditions in this paragraph are met between January 1 and June 30 of a calendar year, claims must be submitted to and paid by the commissioner beginning on January 1 of the following year. If the conditions in this paragraph are met between July 1 and December 31 of a calendar year, claims must be submitted to and paid by the commissioner beginning on July 1 of the following year.
(g) Peer services provided by
a CCBHC certified licensed under section 245.735 245I.17
are a covered service under medical assistance when a licensed mental health
professional or alcohol and drug counselor determines that peer services are
medically necessary. Eligibility under
this subdivision for peer services provided by a CCBHC supersede eligibility
standards under sections 256B.0615, 256B.0616, and 245G.07, subdivision 2a,
paragraph (b), clause (2).
Sec. 49. Minnesota Statutes 2024, section 256B.0943, subdivision 2, is amended to read:
Subd. 2. Covered
service components of children's therapeutic services and supports. (a) Subject to federal approval, medical
assistance covers medically necessary children's therapeutic services and
supports when the services are provided by an eligible provider entity certified
under and meeting the standards in this section licensed under section
245I.30 or children's day treatment services licensed under section 245I.31. The provider entity must make reasonable and
good faith efforts to report individual client outcomes to the commissioner,
using instruments and protocols approved by the commissioner.
(b) The covered service components of children's therapeutic services and supports are:
(1) patient and/or
family psychotherapy, family psychotherapy, psychotherapy for crisis, and group
psychotherapy;
(2) individual, family,
or group skills training provided by a mental health professional, clinical
trainee, or mental health practitioner;
(3) crisis planning;
(4) mental health
behavioral aide services;
(1) the services described in section 245I.30, subdivision 2, provided by providers licensed under section 245I.30 or 245I.31;
(2) administration of
standardized measures;
(3) direction of a mental health behavioral aide; and
(5)
(6) (4) mental
health service plan development; and.
(7) children's day
treatment.
(c) In delivering
services under this section, a licensed provider entity must ensure that
psychotherapy to address a child's underlying mental health disorder is
documented as part of the child's ongoing treatment. A provider must deliver or arrange for
medically necessary psychotherapy unless the child's parent or caregiver
chooses not to receive the psychotherapy or the provider determines that
psychotherapy is no longer medically necessary.
When a provider determines that psychotherapy is no longer medically
necessary, the provider must update required documentation, including but not
limited to the individual treatment plan, the child's medical record, or other
authorizations, to include the determination.
When a provider determines that a child needs psychotherapy but
psychotherapy cannot be delivered due to a shortage of licensed mental health
professionals in the child's community, the provider must document the lack of
access in the child's medical record.
(d) Medical assistance
covers service plan development before completion of a child's individual
treatment plan. Service plan development
consists of development, review, and revision of the individual treatment plan
by face‑to‑face or electronic communication, including time spent gathering
client history from other key figures or providers. The provider must document events, including
the time spent with the family and other key participants in the child's life
to approve the individual treatment plan. Service plan development is covered only if a
treatment plan is completed or for work already completed at the time the
client voluntarily chooses to disengage with services for the child. If it is determined upon review that a
treatment plan was not completed for the child, the commissioner shall recover
the payment for the service plan development.
(e) Medical assistance
covers time spent administering and reporting standardized measures approved by
the commissioner.
Sec. 50. Minnesota Statutes 2025 Supplement, section 256B.0943, subdivision 3, is amended to read:
Subd. 3. Determination of client eligibility. (a) A client's eligibility to receive children's therapeutic services and supports under this section shall be determined based on a standard diagnostic assessment by a mental health professional or a clinical trainee that is performed within one year before the initial start of service and updated as required under section 245I.10, subdivision 2. The standard diagnostic assessment must:
(1) determine whether a
child under age 18 has a diagnosis of mental illness or, if the person is
between the ages of 18 and 21, whether the person has a mental illness; and
(2) document children's
therapeutic services and supports as medically necessary to address an
identified disability, functional impairment, and the individual client's needs
and goals; and.
(3) be used in the
development of the individual treatment plan.
(b) Notwithstanding paragraph (a), a client may be determined to be eligible for up to five days of day treatment under this section based on a hospital's medical history and presentation examination of the client.
(c) Children's
therapeutic services and supports include development and rehabilitative
services that support a child's developmental treatment needs.
Subd. 12. Excluded services. (a) The following services are not eligible for medical assistance payment as children's therapeutic services and supports:
(1) service components of children's therapeutic services and supports simultaneously provided by more than one provider entity unless prior authorization is obtained;
(2) treatment by multiple providers within the same agency at the same clock time, unless one service is delivered to the child and the other service is delivered to the child's family or treatment team without the child present;
(3) children's therapeutic services and supports provided in violation of medical assistance policy in Minnesota Rules, part 9505.0220;
(4) mental health behavioral aide services provided by a personal care assistant who is not qualified as a mental health behavioral aide and employed by a certified children's therapeutic services and supports provider entity;
(5) service components of CTSS that are the responsibility of a residential or program license holder, including foster care providers under the terms of a service agreement or administrative rules governing licensure; and
(6) adjunctive activities that may be offered by a provider entity but are not otherwise covered by medical assistance, including:
(i) a service that is primarily recreation oriented or that is provided in a setting that is not medically supervised. This includes sports activities, exercise groups, activities such as craft hours, leisure time, social hours, meal or snack time, trips to community activities, and tours;
(ii) a social or educational service that does not have or cannot reasonably be expected to have a therapeutic outcome related to the client's mental illness;
(iii) prevention or education programs provided to the community; and
(iv) treatment for clients with primary diagnoses of alcohol or other drug abuse.
(b) Time spent on administrative tasks before and after providing direct services, including scheduling or maintaining clinical records, is included in CTSS payments and may not be separately billed as additional clock hours of service.
Sec. 52. Minnesota Statutes 2025 Supplement, section 260E.14, subdivision 1, is amended to read:
Subdivision 1. Facilities and schools. (a) The local welfare agency is the agency responsible for investigating allegations of maltreatment in child foster care, family child care, legally nonlicensed child care, and reports involving children served by an unlicensed personal care provider organization under section 256B.0659. Copies of findings related to personal care provider organizations under section 256B.0659 must be forwarded to the Department of Human Services provider enrollment.
(b) The Department of Human Services is the agency responsible for screening and investigating allegations of maltreatment in juvenile correctional facilities listed under section 241.021 located in the local welfare agency's county and in facilities licensed or certified under chapters 245A and 245D.
(d) The Department of Education is the agency responsible for screening and investigating allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E. The Department of Education's responsibility to screen and investigate includes allegations of maltreatment involving students 18 through 21 years of age, including students receiving special education services, up to and including graduation and the issuance of a secondary or high school diploma.
(e) The Department of Human Services is the agency responsible for screening and investigating allegations of maltreatment of minors in an EIDBI agency operating under sections 245A.142 and 256B.0949.
(f) A health or corrections agency receiving a report may request the local welfare agency to provide assistance pursuant to this section and sections 260E.20 and 260E.22.
(g) The Department of Children, Youth, and Families is the agency responsible for screening and investigating allegations of maltreatment in facilities or programs not listed in paragraph (a) that are licensed or certified under chapters 142B and 142C.
(h) The Department of Human Services is the agency responsible for screening and investigating allegations of maltreatment of minors for mobile crisis response services and children's therapeutic services and supports programs licensed under chapter 245I.
Sec. 53. Minnesota Statutes 2025 Supplement, section 626.5572, subdivision 13, as amended by Laws 2026, chapter 95, article 7, section 25, is amended to read:
Subd. 13. Lead investigative agency. "Lead investigative agency" is the primary administrative agency responsible for investigating reports made under section 626.557.
(a) The Department of Health is the lead investigative agency for facilities or services licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding care homes, hospice providers, residential facilities that are also federally certified as intermediate care facilities that serve people with developmental disabilities, or any other facility or service not listed in this subdivision that is licensed or required to be licensed by the Department of Health for the care of vulnerable adults. "Home care provider" has the meaning provided in section 144A.43, subdivision 4, and applies when care or services are delivered in the vulnerable adult's home.
(b) The Department of Human Services is the lead investigative agency for facilities or services licensed or required to be licensed as adult day care, adult foster care, community residential settings, programs for people with disabilities, EIDBI agencies, family adult day services, mental health programs licensed under chapter 245I, mental health clinics, substance use disorder programs, the Minnesota Sex Offender Program, or any other facility or service not listed in this subdivision that is licensed or required to be licensed by the Department of Human Services. The Department of Human Services is also the lead investigative agency for unlicensed EIDBI agencies under section 256B.0949. The Department of Human Services is the lead investigative agency for adult rehabilitative mental health services under section 245I.22, mobile crisis response services under section 245I.24, and certified community behavioral health clinics under section 245I.17.
(c) The county social services agency adult protective services or the agency's designee or a federally recognized Indian Tribe that entered into a contractual agreement with the commissioner of human services to operate adult protective services is the lead investigative agency for all other reports, including but not limited to reports involving vulnerable adults receiving services from a personal care provider organization under section 256B.0659 or 256B.85.
The revisor of statutes
shall renumber Minnesota Statutes, section 245.735, subdivisions 5 and 6, as
Minnesota Statutes, section 245I.17, subdivisions 23 and 24.
Sec. 55. REPEALER.
(a) Minnesota Statutes
2024, sections 245.735, subdivisions 1a, 2a, 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h,
4a, 4b, 4c, 4e, 7, and 8; 245C.03, subdivision 7; 245I.20, subdivision 9;
245I.23, subdivision 23; 256B.0623, subdivisions 2, 4, 5, 6, and 9; 256B.0624,
subdivisions 2, 3, 4a, 5, 6, 6a, 6b, 7, 8, 9, and 11; and 256B.0943,
subdivisions 4, 5, 5a, 6, 7, and 11, are repealed.
(b) Minnesota Statutes
2025 Supplement, sections 245.735, subdivisions 3 and 4d; and 256B.0943,
subdivisions 1 and 9, are repealed.
Sec. 56. EFFECTIVE
DATE.
This article is
effective January 1, 2028.
ARTICLE 8
UNIFORM SERVICE STANDARDS CONFORMING CHANGES
Section 1. Minnesota Statutes 2024, section 13.46, subdivision 7, is amended to read:
Subd. 7. Mental health data. (a) Mental health data are private data on individuals and shall not be disclosed, except:
(1) pursuant to section 13.05, as determined by the responsible authority for the community mental health center, mental health division, or provider;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access to or disclosure of mental health data or as otherwise provided by this subdivision;
(4) to personnel of the welfare system working in the same program or providing services to the same individual or family to the extent necessary to coordinate services, provided that a health record may be disclosed only as provided under section 144.293;
(5) to a health care provider governed by sections 144.291 to 144.298, to the extent necessary to coordinate services; or
(6) with the consent of the client or patient.
(b) An agency of the welfare system may not require an individual to consent to the release of mental health data as a condition for receiving services or for reimbursing a community mental health center, mental health division of a county, or provider under contract to deliver mental health services.
(c) Notwithstanding any other law to the contrary, a community mental health center, mental health division of a county, or a mental health provider must disclose mental health data to a law enforcement agency if the law enforcement agency provides the name of a client or patient and communicates that the:
(2) data is necessary to protect the health or safety of the client or patient or of another person.
The scope of disclosure under this paragraph is limited to the minimum necessary for law enforcement to safely respond to the mental health crisis. Disclosure under this paragraph may include the name and telephone number of the psychiatrist, psychologist, therapist, mental health professional, practitioner, or case manager of the client or patient, if known; and strategies to address the mental health crisis. A law enforcement agency that obtains mental health data under this paragraph shall maintain a record of the requestor, the provider of the data, and the client or patient name. Mental health data obtained by a law enforcement agency under this paragraph are private data on individuals and must not be used by the law enforcement agency for any other purpose. A law enforcement agency that obtains mental health data under this paragraph shall inform the subject of the data that mental health data was obtained.
(d) In the event of a request under paragraph (a), clause (6), a community mental health center, county mental health division, or provider must release mental health data to Criminal Mental Health Court personnel in advance of receiving a copy of a consent if the Criminal Mental Health Court personnel communicate that the:
(1) client or patient is a defendant in a criminal case pending in the district court;
(2) data being requested is limited to information that is necessary to assess whether the defendant is eligible for participation in the Criminal Mental Health Court; and
(3) client or patient has consented to the release of the mental health data and a copy of the consent will be provided to the community mental health center, county mental health division, or provider within 72 hours of the release of the data.
For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty criminal calendar of the Hennepin County District Court for defendants with mental illness and brain injury where a primary goal of the calendar is to assess the treatment needs of the defendants and to incorporate those treatment needs into voluntary case disposition plans. The data released pursuant to this paragraph may be used for the sole purpose of determining whether the person is eligible for participation in mental health court. This paragraph does not in any way limit or otherwise extend the rights of the court to obtain the release of mental health data pursuant to court order or any other means allowed by law.
Sec. 2. Minnesota Statutes 2024, section 144.294, subdivision 2, is amended to read:
Subd. 2. Disclosure to law enforcement agency. Notwithstanding section 144.293, subdivisions 2 and 4, a provider must disclose health records relating to a patient's mental health to a law enforcement agency if the law enforcement agency provides the name of the patient and communicates that the:
(1) patient is currently
involved in a mental health crisis as defined in section 256B.0624,
subdivision 2, paragraph (j) 245I.24, subdivision 2, paragraph (g),
to which the law enforcement agency has responded; and
(2) disclosure of the records is necessary to protect the health or safety of the patient or of another person.
The scope of disclosure under this subdivision is limited to the minimum necessary for law enforcement to safely respond to the mental health crisis. The disclosure may include the name and telephone number of the psychiatrist, psychologist, therapist, mental health professional, practitioner, or case manager of the patient, if known; and strategies to address the mental health crisis. A law enforcement agency that obtains health records under this
Sec. 3. Minnesota Statutes 2025 Supplement, section 245.4835, subdivision 2, is amended to read:
Subd. 2. Failure to maintain expenditures. (a) If a county does not comply with subdivision 1, the commissioner shall require the county to develop a corrective action plan according to a format and timeline established by the commissioner. If the commissioner determines that a county has not developed an acceptable corrective action plan within the required timeline, or that the county is not in compliance with an approved corrective action plan, the protections provided to that county under section 245.485 do not apply.
(b) The commissioner shall consider the following factors to determine whether to approve a county's corrective action plan:
(1) the degree to which a county is maximizing revenues for mental health services from noncounty sources;
(2) the degree to which a county is expanding use of alternative services that meet mental health needs, but do not count as mental health services within existing reporting systems. If approved by the commissioner, the alternative services must be included in the county's base as well as subsequent years. The commissioner's approval for alternative services must be based on the following criteria:
(i) the service must be provided to children or adults with mental illness;
(ii) the services must be based on an individual treatment plan or individual community support plan as defined in the Comprehensive Mental Health Act; and
(iii) the services must be
supervised by a mental health professional and provided by staff who meet the
staff qualifications defined in sections 256B.0943, subdivision 7 245I.30,
subdivision 4, and 256B.0623, subdivision 5 245I.22, subdivision
5.
(c) Additional county expenditures to make up for the prior year's underspending may be spread out over a two‑year period.
Sec. 4. Minnesota Statutes 2025 Supplement, section 245.4871, subdivision 4, is amended to read:
Subd. 4. Case management service provider. (a) "Case management service provider" means a case manager or case manager associate employed by the county or other entity authorized by the county board to provide case management services specified in subdivision 3 for the child with serious mental illness and the child's family.
(b) A case manager must:
(1) have experience and training in working with children;
(2) be a mental health practitioner under section 245I.04, subdivision 4, or have at least a bachelor's degree in one of the behavioral sciences or a related field including, but not limited to, social work, psychology, or nursing from an accredited college or university or meet the requirements of paragraph (d);
(3) have experience and training in identifying and assessing a wide range of children's needs;
(5) meet the supervision and continuing education requirements of paragraphs (e), (f), and (g), as applicable.
(c) A case manager may be a member of any professional discipline that is part of the local system of care for children established by the county board.
(d) A case manager who is not a mental health practitioner and does not have a bachelor's degree or who has a bachelor's degree that is not in one of the behavioral sciences or related fields must meet one of the requirements in clauses (1) to (5):
(1) have three or four years of experience as a case manager associate;
(2) be a registered nurse without a bachelor's degree who has a combination of specialized training in psychiatry and work experience consisting of community interaction and involvement or community discharge planning in a mental health setting totaling three years;
(3) be a person who qualified as a case manager under the 1998 Department of Human Services waiver provision and meets the continuing education, supervision, and mentoring requirements in this section;
(4) prior to direct service delivery, complete at least 80 hours of specific training on the characteristics and needs of children with serious mental illness that is consistent with national practices standards; or
(5) prior to direct service delivery, demonstrate competency in practice and knowledge of the characteristics and needs of children with serious mental illness, consistent with national practices standards.
(e) A case manager with at least 2,000 hours of supervised experience in the delivery of mental health services to children must receive regular ongoing supervision and clinical supervision totaling 38 hours per year, of which at least one hour per month must be clinical supervision regarding individual service delivery with a case management supervisor. The other 26 hours of supervision may be provided by a case manager with two years of experience. Group supervision may not constitute more than one-half of the required supervision hours.
(f) A case manager without 2,000 hours of supervised experience in the delivery of mental health services to children with mental illness must:
(1) begin 40 hours of training approved by the commissioner of human services in case management skills and in the characteristics and needs of children with serious mental illness before beginning to provide case management services; and
(2) receive clinical supervision regarding individual service delivery from a mental health professional at least one hour each week until the requirement of 2,000 hours of experience is met.
(g) A case manager who is not licensed, registered, or certified by a health-related licensing board must receive 30 hours of continuing education and training in serious mental illness and mental health services every two years.
(h) Clinical supervision must be documented in the child's record. When the case manager is not a mental health professional, the county board must provide or contract for needed clinical supervision.
(i) The county board must ensure that the case manager has the freedom to access and coordinate the services within the local system of care that are needed by the child.
(1) work under the direction of a case manager or case management supervisor;
(2) be at least 21 years of age;
(3) have at least a high school diploma or its equivalent; and
(4) meet one of the following criteria:
(i) have an associate of arts degree in one of the behavioral sciences or human services;
(ii) be a registered nurse without a bachelor's degree;
(iii) have three years of life experience as a primary caregiver to a child with serious mental illness as defined in subdivision 6 within the previous ten years;
(iv) have 6,000 hours work experience as a nondegreed state hospital technician; or
(v) have 6,000 hours of
supervised work experience in the delivery of mental health services to
children with mental illness; hours worked as a mental health behavioral aide I
or II under section 256B.0943, subdivision 7 245I.30, subdivision 4,,
may count toward the 6,000 hours of supervised work experience.
Individuals meeting one of the criteria in items (i) to (iv) may qualify as a case manager after four years of supervised work experience as a case manager associate. Individuals meeting the criteria in item (v) may qualify as a case manager after three years of supervised experience as a case manager associate.
(k) Case manager associates must meet the following supervision, mentoring, and continuing education requirements:
(1) have 40 hours of preservice training described under paragraph (f), clause (1);
(2) receive at least 40 hours of continuing education in serious mental
illness and mental health service annually; and
(3) receive at least five hours of mentoring per week from a case management mentor. A "case management mentor" means a qualified, practicing case manager or case management supervisor who teaches or advises and provides intensive training and clinical supervision to one or more case manager associates. Mentoring may occur while providing direct services to consumers in the office or in the field and may be provided to individuals or groups of case manager associates. At least two mentoring hours per week must be individual and face-to-face.
(l) A case management supervisor must meet the criteria for a mental health professional as specified in subdivision 27.
(m) An immigrant who does not have the qualifications specified in this subdivision may provide case management services to child immigrants with serious mental illness of the same ethnic group as the immigrant if the person:
(1) is currently enrolled in and is actively pursuing credits toward the completion of a bachelor's degree in one of the behavioral sciences or related fields at an accredited college or university;
(2) completes 40 hours of training as specified in this subdivision; and
Sec. 5. Minnesota Statutes 2024, section 245.4882, subdivision 6, is amended to read:
Subd. 6. Crisis admissions and stabilization. (a) A child may be referred for residential treatment services under this section for the purpose of crisis stabilization by:
(1) a mental health professional as defined in section 245I.04, subdivision 2;
(2) a physician licensed under chapter 147 who is assessing a child in an emergency department; or
(3) a member of a mobile
crisis team who meets the qualifications under section 256B.0624,
subdivision 5 245I.24, subdivision 5.
(b) A provider making a referral under paragraph (a) must conduct an assessment of the child's mental health needs and make a determination that the child is experiencing a mental health crisis and is in need of residential treatment services under this section.
(c) A child may receive services under this subdivision for up to 30 days and must be subject to the screening and admissions criteria and processes under section 245.4885 thereafter.
Sec. 6. Minnesota Statutes 2025 Supplement, section 245.735, subdivision 4d, is amended to read:
Subd. 4d. Requirements for integrated treatment plans. (a) An integrated treatment plan must be completed within 60 calendar days following the preliminary screening and risk assessment and updated no less frequently than every six months or when the client's circumstances change.
(b) Only a mental health professional may complete an integrated treatment plan. The mental health professional must consult with an alcohol and drug counselor when substance use disorder services are deemed clinically appropriate. An alcohol and drug counselor may approve the integrated treatment plan. The integrated treatment plan must be developed through a shared decision-making process with the client, the client's support system if the client chooses, or, for children, with the family or caregivers.
(c) The integrated treatment plan must:
(1) use the ASAM 6 dimensional framework; and
(2) incorporate prevention, medical and behavioral health needs, and service delivery.
(d) The psychiatric evaluation and management service fulfills requirements for the integrated treatment plan when a client of a CCBHC is receiving exclusively psychiatric evaluation and management services. The CCBHC must complete an integrated treatment plan within 60 calendar days of a client's referral for additional CCBHC services.
(e) Notwithstanding any law to the contrary, an integrated treatment plan developed by a CCBHC that meets the requirements of this subdivision satisfies the requirements in:
(1) section 245G.06, subdivision 1;
(2) section 245G.09,
subdivision 3, paragraph (a), clause (6); and
(4) section 256B.0943,
subdivision 6, paragraph (b), clause (2).
Sec. 7. Minnesota Statutes 2024, section 245A.26, subdivision 3, is amended to read:
Subd. 3. Eligibility
for services. An individual is
eligible for children's residential crisis stabilization services if the
individual is under 21 years of age and meets the eligibility criteria for
crisis services under section 256B.0624, subdivision 3 245I.24,
subdivision 3.
Sec. 8. Minnesota Statutes 2024, section 245A.26, subdivision 4, is amended to read:
Subd. 4. Required services; providers. (a) A license holder providing residential crisis stabilization services must continually follow a client's individual crisis treatment plan to improve the client's functioning.
(b) The license holder must offer and have the capacity to directly provide the following treatment services to a client:
(1) crisis stabilization
services as described in section 256B.0624, subdivision 7 245I.24,
subdivision 9;
(2) mental health services as specified in the client's individual crisis treatment plan, according to the client's treatment needs;
(3) health services and medication administration, if applicable; and
(4) referrals for the client to community-based treatment providers and support services for the client's transition from residential crisis stabilization to another treatment setting.
(c) Children's residential
crisis stabilization services must be provided by a qualified staff person
listed in section 256B.0624, subdivision 8 245I.24, subdivision 9,
paragraph (b), according to the scope of practice for the individual staff
person's position.
Sec. 9. Minnesota Statutes 2024, section 245A.26, subdivision 5, is amended to read:
Subd. 5. Assessment and treatment planning. (a) Within 12 hours of a client's admission for residential crisis stabilization, the license holder must assess the client and document the client's immediate needs, including the client's:
(1) health and safety, including the need for crisis assistance;
(2) need for connection to family and other natural supports;
(3) if applicable, housing and legal issues; and
(4) if applicable, responsibilities for children, family, and other natural supports, and employers.
(b) Within 24 hours of a
client's admission for residential crisis stabilization, the license holder
must complete a crisis treatment plan for the client, according to the
requirements for a crisis treatment plan under section 256B.0624,
subdivision 11 245I.24, subdivision 11. The license holder must base the client's
crisis treatment plan on the client's referral information and the assessment
of the client's immediate needs under paragraph (a). A mental health professional or a clinical
trainee under the supervision of a mental health professional must complete the
(c) A mental health professional must review a client's crisis treatment plan each week and document the weekly reviews in the client's client file.
(d) For a client receiving children's residential crisis stabilization services who is 18 years of age or older, the license holder must complete an individual abuse prevention plan for the client, pursuant to section 245A.65, subdivision 2, as part of the client's crisis treatment plan.
Sec. 10. Minnesota Statutes 2024, section 245C.10, subdivision 8, is amended to read:
Subd. 8. Children's
therapeutic services and supports providers.
The commissioner shall recover the cost of background studies
required under section 245C.03, subdivision 7, for the purposes of children's
therapeutic services and supports under section 256B.0943 245I.30,
through a fee of no more than $44 per study charged to the license holder. The fees collected under this subdivision are
appropriated to the commissioner for the purpose of conducting background
studies.
Sec. 11. Minnesota Statutes 2024, section 245I.23, subdivision 5, is amended to read:
Subd. 5. Required residential crisis stabilization services. (a) On a daily basis, the license holder must follow a client's individual crisis treatment plan to provide services to the client in residential crisis stabilization to improve the client's functioning.
(b) The license holder must offer and have the capacity to directly provide the following treatment services to the client:
(1) crisis stabilization
services as described in section 256B.0624, subdivision 7 245I.24,
subdivision 9;
(2) rehabilitative mental health services;
(3) health services and administering the client's medications; and
(4) making referrals for the client to other service providers in the community and supporting the client's transition from residential crisis stabilization to another setting.
Sec. 12. Minnesota Statutes 2024, section 245I.23, subdivision 8, is amended to read:
Subd. 8. Residential crisis stabilization assessment and treatment planning. (a) Within 12 hours of a client's admission, the license holder must evaluate the client and document the client's immediate needs, including the client's:
(1) health and safety, including the client's need for crisis assistance;
(2) responsibilities for children, family and other natural supports, and employers; and
(3) housing and legal issues.
(c) Section 245A.65, subdivision 2, paragraph (b), requires the license holder to complete an individual abuse prevention plan for a client as part of the client's crisis treatment plan.
Sec. 13. Minnesota Statutes 2024, section 245I.23, subdivision 16, is amended to read:
Subd. 16. Residential
crisis stabilization services admission criteria. An eligible client for residential crisis
stabilization is an individual who is age 18 or older and meets the eligibility
criteria in section 256B.0624, subdivision 3 245I.24, subdivision 3.
Sec. 14. Minnesota Statutes 2024, section 256B.092, subdivision 14, is amended to read:
Subd. 14. Reduce avoidable behavioral crisis emergency room admissions, psychiatric inpatient hospitalizations, and commitments to institutions. (a) Persons receiving home and community-based services authorized under this section who have had two or more admissions within a calendar year to an emergency room, psychiatric unit, or institution must receive consultation from a mental health professional as defined in section 245.462, subdivision 18, or a behavioral professional as defined in the home and community-based services state plan within 30 days of discharge. The mental health professional or behavioral professional must:
(1) conduct a functional assessment of the crisis incident as defined in section 245D.02, subdivision 11, which led to the hospitalization with the goal of developing proactive strategies as well as necessary reactive strategies to reduce the likelihood of future avoidable hospitalizations due to a behavioral crisis;
(2) use the results of the
functional assessment to amend the support plan set forth in section 245D.02,
subdivision 4b, to address the potential need for additional staff training,
increased staffing, access to crisis mobility services, mental health services,
use of technology, and crisis stabilization services in section 256B.0624,
subdivision 7 245I.24, subdivision 9; and
(3) identify the need for additional consultation, testing, and mental health crisis intervention team services as defined in section 245D.02, subdivision 20, psychotropic medication use and monitoring under section 245D.051, and the frequency and duration of ongoing consultation.
(b) For the purposes of this subdivision, "institution" includes, but is not limited to, the Anoka-Metro Regional Treatment Center and the Minnesota Security Hospital.
Sec. 15. Minnesota Statutes 2024, section 256B.49, subdivision 25, is amended to read:
Subd. 25. Reduce avoidable behavioral crisis emergency room admissions, psychiatric inpatient hospitalizations, and commitments to institutions. (a) Persons receiving home and community-based services authorized under this section who have two or more admissions within a calendar year to an emergency room, psychiatric unit, or institution must receive consultation from a mental health professional as defined in section 245.462, subdivision 18, or a behavioral professional as defined in the home and community-based services state plan within 30 days of discharge. The mental health professional or behavioral professional must:
(1) conduct a functional assessment of the crisis incident as defined in section 245D.02, subdivision 11, which led to the hospitalization with the goal of developing proactive strategies as well as necessary reactive strategies to reduce the likelihood of future avoidable hospitalizations due to a behavioral crisis;
(3) identify the need for additional consultation, testing, mental health crisis intervention team services as defined in section 245D.02, subdivision 20, psychotropic medication use and monitoring under section 245D.051, and the frequency and duration of ongoing consultation.
(b) For the purposes of this subdivision, "institution" includes, but is not limited to, the Anoka-Metro Regional Treatment Center and the Minnesota Security Hospital.
Sec. 16. Minnesota Statutes 2025 Supplement, section 256L.03, subdivision 5, as amended by Laws 2026, chapter 95, article 5, section 38, is amended to read:
Subd. 5. Cost-sharing. (a) Co-payments, coinsurance, and deductibles do not apply to children under the age of 21 and to American Indians as defined in Code of Federal Regulations, title 42, section 600.5.
(b) The commissioner must adjust co-payments, coinsurance, and deductibles for covered services in a manner sufficient to maintain the actuarial value of the benefit to 94 percent. The cost-sharing changes described in this paragraph do not apply to eligible recipients or services exempt from cost-sharing under state law. The cost-sharing changes described in this paragraph shall not be implemented prior to January 1, 2016.
(c) The cost-sharing changes authorized under paragraph (b) must satisfy the requirements for cost-sharing under the Basic Health Program as set forth in Code of Federal Regulations, title 42, sections 600.510 and 600.520.
(d) Cost-sharing for prescription drugs and related medical supplies to treat chronic disease must comply with the requirements of section 62Q.481.
(e) Co-payments, coinsurance, and deductibles do not apply to additional diagnostic services or testing that a health care provider determines an enrollee requires after a mammogram, as specified under section 62A.30, subdivision 5.
(f) Cost-sharing must not apply to drugs used for tobacco and nicotine cessation or to tobacco and nicotine cessation services covered under section 256B.0625, subdivision 68.
(g) Co-payments, coinsurance, and deductibles do not apply to pre-exposure prophylaxis (PrEP) and postexposure prophylaxis (PEP) medications when used for the prevention or treatment of the human immunodeficiency virus (HIV).
(h) Co-payments,
coinsurance, and deductibles do not apply to mobile crisis intervention, crisis
stabilization provided in a community setting, or crisis assessment as defined
in section 256B.0624, subdivision 2 245I.24, subdivision 2.
Sec. 17. EFFECTIVE
DATE.
This article is
effective January 1, 2028.
AGING AND DISABILITY SERVICES
Section 1. Minnesota Statutes 2025 Supplement, section 144.0724, subdivision 11, is amended to read:
Subd. 11. Nursing facility level of care. (a) For purposes of medical assistance payment of long-term care services, a recipient must be determined, using assessments defined in subdivision 4, to meet one of the following nursing facility level of care criteria:
(1) the person requires formal clinical monitoring at least once per day;
(2) the person needs the assistance of another person or constant supervision to begin and complete at least four of the following activities of living: bathing, bed mobility, dressing, eating, grooming, toileting, transferring, and walking;
(3) the person needs the assistance of another person or constant supervision to begin and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
(4) the person has significant difficulty with memory, using information, daily decision making, or behavioral needs that require intervention;
(5) the person has had a qualifying nursing facility stay of at least 90 days;
(6) the person meets the nursing facility level of care criteria determined 90 days after admission or on the first quarterly assessment after admission, whichever is later; or
(7) the person is determined
to be at risk for nursing facility admission or readmission through a
face-to-face long-term care consultation assessment as specified in section
256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, by a county, Tribe, or
managed care organization under contract with the Department of Human Services. The person is considered at risk under this
clause if the person currently lives alone or will live alone or be homeless
without the person's current housing and also meets one of the following
criteria:
(i) the person has experienced a fall resulting in a fracture;
(ii) the person has been determined to be at risk of maltreatment or neglect, including self-neglect; or
(iii) the person has a sensory impairment that substantially impacts functional ability and maintenance of a community residence.
(b) The assessment used to establish medical assistance payment for nursing facility services must be the most recent assessment performed under subdivision 4, paragraph (b), that occurred no more than 90 calendar days before the effective date of medical assistance eligibility for payment of long-term care services. In no case shall medical assistance payment for long-term care services occur prior to the date of the determination of nursing facility level of care.
(c) The assessment used to establish medical assistance payment for long-term care services provided under chapter 256S and section 256B.49 and alternative care payment for services provided under section 256B.0913 must be the most recent face-to-face assessment performed under section 256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, that occurred no more than one calendar year before the effective date of medical assistance eligibility for payment of long-term care services.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Subd. 2. Notification of affected municipality. The commissioner must not issue a license under this chapter without giving 30 calendar days' written notice to the affected municipality or other political subdivision unless the program is considered a permitted single-family residential use under sections 245A.11 and 245A.14. If the program is considered a permitted single-family residence, the commissioner must give the affected municipality or other political subdivision written notice of the issuance no later than five days after issuing the license, excluding weekends and holidays. The written notice must include the prospective license holder's name and contact information, the license type and capacity, and the proposed address of the licensed facility or program. The commissioner may provide notice through electronic communication. The notification must be given before the first issuance of a license under this chapter and annually after that time if annual notification is requested in writing by the affected municipality or other political subdivision. State funds must not be made available to or be spent by an agency or department of state, county, or municipal government for payment to a residential or nonresidential program licensed under this chapter until the provisions of this subdivision have been complied with in full. The provisions of this subdivision shall not apply to programs located in hospitals.
EFFECTIVE DATE. This
section is effective July 1, 2026, and applies to licenses issued on or after
that date.
Sec. 3. Minnesota Statutes 2024, section 245A.04, subdivision 2a, is amended to read:
Subd. 2a. Meeting fire and safety codes. (a) An applicant or license holder under sections 245A.01 to 245A.16 must document compliance with applicable building codes, fire and safety codes, health rules, and zoning ordinances, or document that an appropriate waiver has been granted.
(b) At the request of a
county or local unit of government, the commissioner may delegate to a county
agency or local unit of government the commissioner's or local agency's
authority to inspect an existing residential program serving six or fewer
persons for compliance with zoning ordinances and applicable physical plant
licensing requirements. If the
commissioner delegates the commissioner's or local agency's authority to a
county agency or local unit of government under this subdivision, the
commissioner must execute a formal delegation of authority that clearly
specifies what authority is being delegated to the county agency or local unit
of government, that the commissioner is responsible for any costs incurred by
the county agency or local unit of government for conducting inspections under
delegated authority, and that the county agency or local unit of government
must not assess any additional fees for conducting an inspection under
delegated authority. When conducting an
inspection under delegated authority, the county agency or local unit of
government must provide the subject of the inspection with a copy of the
delegation of authority.
(c) When a county agency
or local unit of government is conducting an inspection under delegated
authority as provided in paragraph (b), the county agency or local unit of
government and the agency responsible for licensing inspections must coordinate
inspections to minimize visits to and disruptions of the residential program. A county agency or local unit of government
conducting an inspection must notify the commissioner of any violations or
concerns within ten days of the inspection, excluding weekends and holidays. A county agency or local unit of government
that conducts inspections under this subdivision must not inspect a residential
program more frequently than annually, except a follow-up inspection is
permitted before the next annual inspection to verify correction of a violation
discovered during the most recent inspection.
(d) The commissioner
must ensure that laws, rules, and codes are uniformly enforced throughout the
state by reviewing at least every four years each county agency and local unit
of government conducting inspections under this subdivision for compliance with
this subdivision and other applicable laws and rules.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Subd. 7. Colocation
of certain home and community-based residential settings. (a) Effective July 1, 2026, the
commissioner must not authorize services in or issue an initial license under
this chapter or chapter 245D for any of the following residential settings or
programs unless the proposed setting meets the heightened home and
community-based setting standards described in this subdivision:
(1) a community
residential setting, as defined in section 245D.02, subdivision 4a;
(2) an adult foster care
home;
(3) a setting providing
customized living services with a resident capacity of six or fewer;
(4) a setting providing
24-hour customized living services with a resident capacity of six or fewer;
and
(5) an assisted living
facility licensed under chapter 144G with a resident capacity of six or fewer.
(b) Newly licensed
settings enumerated in paragraph (a) must not be located on the same property
or on an adjoining property of any existing community residential setting, any
existing adult foster care setting, any existing setting providing family residential
services to an adult, any existing setting providing customized living services
with a resident capacity of six or fewer, any existing setting providing
24-hour customized living services with a resident capacity of six or fewer, or
any existing assisted living facility licensed under chapter 144G with a
resident capacity of six or fewer. The
requirements of this paragraph apply regardless of who owns or controls the
existing setting. The commissioner must
comply with section 245A.11, subdivision 4, when authorizing services or
issuing an initial license under this subdivision.
(c) For the purposes of
this subdivision, "adjoining property" means a property that shares a
common boundary line with another property.
Adjoining property also includes properties that meet at a common corner
point. The presence of a right-of-way or
public easement, including but not limited to a bicycle path, alley, or
residential street, between adjoining properties, including between properties
that but for the right-of-way or public easement would share a common corner
point, are adjoining properties.
Sec. 5. Minnesota Statutes 2024, section 245D.12, is amended to read:
245D.12 INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY REPORT.
Subdivision 1. Setting capacity report. (a) The license holder providing integrated community support, as defined in section 245D.03, subdivision 1, paragraph (c), clause (8), must submit a setting capacity report to the commissioner to ensure the identified location of service delivery meets the criteria of the home and community-based service requirements as specified in section 256B.492.
(b) The license holder shall provide the setting capacity report on the forms and in the manner prescribed by the commissioner. The report must include:
(1) the address of the multifamily housing building where the license holder delivers integrated community supports and owns, leases, or has a direct or indirect financial relationship with the property owner;
(2) the total number of living units in the multifamily housing building described in clause (1) where integrated community supports are delivered;
(4) the total number of people who could reside in the living units in the multifamily housing building described in clause (2) and receive integrated community supports; and
(5) the percentage of living units that are controlled by the license holder in the multifamily housing building by dividing clause (2) by clause (3).
(c) Only one license holder may deliver integrated community supports at the address of the multifamily housing building.
Subd. 2. Licensure
moratorium. (a) Except as
permitted in this subdivision, the commissioner must not issue an initial
license under this chapter authorizing integrated community supports under
section 245D.03, subdivision 1, paragraph (c), clause (8), and must not approve
a license change adding integrated community supports to an existing license
under this chapter.
(b) The commissioner may
approve an exception to the moratorium only when the applicant or licensee
meets all requirements under subdivision 1, the request is not superseded by
temporary moratoriums under section 245A.03, subdivision 7a, and the applicant
submits documentation demonstrating compliance with:
(1) federal and state
home and community-based services requirements for provider-controlled
settings;
(2) the prohibition on
the use of Medicaid money for room and board under United States Code, title
42, section 1396n(c); and
(3) all licensing
requirements applicable to integrated community supports under this chapter.
(c) In determining
whether to approve an exception, the commissioner must consider statewide and
regional capacity for integrated community supports based on needs
determination processes under section 245A.03, subdivision 7, paragraph (e).
(d) A determination
under this subdivision is final and not subject to appeal.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 6. Minnesota Statutes 2024, section 256.01, subdivision 21, is amended to read:
Subd. 21. Interagency
agreement agreements with Department of Health. (a) The commissioner of human
services shall amend the interagency agreement with the commissioner of health
to certify nursing facilities for participation in the medical assistance
program, to require the commissioner of health, as a condition of the agreement,
to comply beginning July 1, 2005, with action plans included in the annual
survey and certification quality improvement report required under section
144A.10, subdivision 17.
(b) The commissioners of
health and human services must execute an interagency agreement to determine on
behalf of the commissioner of health whether an assisted living facility for
which either an applicant is seeking a provisional license under chapter 144G
or a licensee is seeking to relocate under section 144G.195 meets the standards
described in section 245A.042, subdivision 7.
Subdivision 1. Long-term
services and supports loan program. The
commissioner of human services shall establish a loan program to provide
operating loans to eligible long-term services and supports providers. The commissioner shall initiate the
application process for the loan described in this section on an ongoing basis. The commissioner must not issue any new
loans under this program after June 30, 2026.
Sec. 8. Minnesota Statutes 2025 Supplement, section 256.4792, subdivision 7, is amended to read:
Subd. 7. Loan repayment. (a) If a borrower is more than 60 calendar days delinquent in the timely payment of a contractual payment under this section, the provisions in paragraphs (b) to (e) apply.
(b) The commissioner may withhold some or all of the amount of the delinquent loan payment, together with any penalties due and owing on those amounts, from any money the department owes to the borrower. The commissioner may, at the commissioner's discretion, also withhold future contractual payments from any money the commissioner owes the provider as those contractual payments become due and owing. The commissioner may continue this withholding until the commissioner determines there is no longer any need to do so.
(c) The commissioner shall give prior notice of the commissioner's intention to withhold by mail, facsimile, or email at least ten business days before the date of the first payment period for which the withholding begins. The notice must be deemed received as of the date of mailing or receipt of the facsimile or electronic notice. The notice must state:
(1) the amount of the delinquent contractual payment;
(2) the amount of the withholding per payment period;
(3) the date on which the withholding is to begin;
(4) whether the commissioner intends to withhold future installments of the provider's contractual payments; and
(5) other contents as the commissioner deems appropriate.
(d) The commissioner, or the commissioner's designee, may enter into written settlement agreements with a provider to resolve disputes and other matters involving unpaid loan contractual payments or future loan contractual payments.
(e) Notwithstanding any law to the contrary, all unpaid loans, plus any accrued penalties, are overpayments for the purposes of section 256B.0641, subdivision 1. The current long-term services and supports provider is liable for the overpayment amount owed by a former owner for any provider sold, transferred, or reorganized.
(f) By January 15 each
year, the commissioner must provide to the chairs and ranking minority members
of the legislative committees with jurisdiction over nursing facilities a
report of all facilities that are delinquent in their repayments. The reporting required under this paragraph
expires upon notification by the commissioner to the committees that there are
no outstanding balances from loan awards issued under this subdivision.
Sec. 9. Minnesota Statutes 2025 Supplement, section 256.4792, is amended by adding a subdivision to read:
Subd. 11. Loan
program expiration. This
section expires after the commissioner collects all loan repayments incurred on
or before June 30, 2026. The
commissioner must notify the revisor of statutes once all loan repayments under
this section are collected.
Subd. 7b. Exemptions and emergency admissions. (a) Exemptions from the federal screening requirements outlined in subdivision 7a, paragraphs (b) and (c), are limited to:
(1) a person who, having entered an acute care facility from a certified nursing facility, is returning to a certified nursing facility; or
(2) a person transferring from one certified nursing facility in Minnesota to another certified nursing facility in Minnesota.
(b) Persons who are exempt from preadmission screening for purposes of level of care determination include:
(1) persons described in paragraph (a);
(2) an individual who has a
contractual right to have nursing facility care paid for indefinitely by the
Veterans Administration; and
(3) an individual enrolled
in a demonstration project under section 256B.69, subdivision 8, at the time of
application to a nursing facility; and.
(4) an individual
currently being served under the alternative care program or under a home and
community-based services waiver authorized under section 1915(c) of the federal
Social Security Act.
(c) Persons admitted to a Medicaid-certified nursing facility from the community on an emergency basis as described in paragraph (d) or from an acute care facility on a nonworking day must be screened the first working day after admission.
(d) Emergency admission to a nursing facility prior to screening is permitted when all of the following conditions are met:
(1) a person is admitted from the community to a certified nursing or certified boarding care facility during Senior LinkAge Line nonworking hours;
(2) a physician, advanced practice registered nurse, or physician assistant has determined that delaying admission until preadmission screening is completed would adversely affect the person's health and safety;
(3) there is a recent precipitating event that precludes the client from living safely in the community, such as sustaining an injury, sudden onset of acute illness, or a caregiver's inability to continue to provide care;
(4) the attending physician, advanced practice registered nurse, or physician assistant has authorized the emergency placement and has documented the reason that the emergency placement is recommended; and
(5) the Senior LinkAge Line is contacted on the first working day following the emergency admission.
(e) Transfer of a patient from an acute care hospital to a nursing facility is not considered an emergency except for a person who has received hospital services in the following situations: hospital admission for observation, care in an emergency room without hospital admission, or following hospital 24-hour bed care and from whom admission is being sought on a nonworking day.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 11. Minnesota Statutes 2024, section 256B.04, is amended by adding a subdivision to read:
Subd. 28. Interpretive
guidelines for disability waiver regulation. (a) The commissioner must develop and
publish interpretive guidelines within 120 calendar days of the effective date
of any statutory changes, waiver plan amendments, state or federal
administrative rulings, or state or federal court decisions that affect
policies or reimbursement for services licensed under chapter 245D, authorized
under section 256B.092 or 256B.49, or reimbursed under section 256B.4914.
(b) Interpretive
guidelines issued by the commissioner under this subdivision do not have the
force and effect of law and have no precedential effect but may be relied on by
consumers, providers of service, county agencies, the Department of Human
Services, and others concerned until revoked or modified. An interpretive guideline may be expressly
revoked or modified by the commissioner or by the issuance of another
interpretive guideline but may not be revoked or modified retroactively to the
detriment of consumers, providers of service, county agencies, the Department
of Human Services, or others concerned. A
change in the law or an interpretation of the law occurring after the
interpretive guidelines are issued, whether in the form of a statute, court
decision, administrative ruling, or subsequent interpretive guideline, results
in the revocation or modification of the previously adopted guidelines to the
extent that the change affects the guidelines.
EFFECTIVE DATE. This
section is effective July 1, 2028, and applies to statutory changes, waiver
plan amendments, state or federal administrative rulings, or state or federal
court decisions effective or issued on or after that date.
Sec. 12. Minnesota Statutes 2024, section 256B.04, is amended by adding a subdivision to read:
Subd. 29. Certified
assessor team. The
commissioner must employ certified assessors within the department to conduct
assessments under section 256B.0911 on behalf of lead agencies under conditions
and circumstances determined by the commissioner. Certified assessors employed by the
commissioner may conduct assessments in addition to other duties as assigned,
except the certified assessors employed by the commissioner must not perform
any responsibilities of a lead agency described in section 256B.0911 other than
assessments. Nothing in this subdivision
creates an obligation for the commissioner to provide the department's
certified assessors to conduct assessments on behalf of a lead agency.
EFFECTIVE DATE. This
section is effective July 1, 2027.
Sec. 13. Minnesota Statutes 2024, section 256B.0659, subdivision 12, is amended to read:
Subd. 12. Documentation of personal care assistance services provided. (a) Personal care assistance services for a recipient must be documented daily by each personal care assistant, on a time sheet form approved by the commissioner. All documentation may be web-based, electronic, or paper documentation. The completed form must be submitted on a monthly basis to the provider and kept in the recipient's health record.
(b) The activity documentation must correspond to the personal care assistance care plan and be reviewed by the qualified professional.
(1) full name of personal care assistant and individual provider number;
(2) provider name and telephone numbers;
(3) full name of recipient and either the recipient's medical assistance identification number or date of birth;
(4) consecutive dates, including month, day, and year, and arrival and departure times with a.m. or p.m. notations;
(5) signatures of recipient or the responsible party;
(6) personal signature of the personal care assistant;
(7) any shared care services
provided, if applicable;
(8) a statement that it is a federal crime to provide false information on personal care service billings for medical assistance payments;
(9) dates and location of recipient stays in a hospital, care facility, or incarceration; and
(10) any time spent traveling, as described in subdivision 1, paragraph (i), including start and stop times with a.m. and p.m. designations, the origination site, and the destination site.
Sec. 14. Minnesota Statutes 2024, section 256B.0659, subdivision 16, is amended to read:
Subd. 16. Shared
services. (a) Medical assistance
payments for shared personal care assistance services that are shared
services are limited according to this subdivision.
(b) Shared service is
For the purposes of this section, "shared services" means the
provision of personal care assistance services by a personal care assistant to
two or three recipients, who are all eligible for medical
assistance, and who each voluntarily enter into an
agreement to receive services at the same time and in the same setting.
(c) For the purposes of this subdivision, "setting" means:
(1) the home residence or family foster care home of one or more of the individual recipients; or
(2) a child care program licensed under chapter 142B or operated by a local school district or private school.
(d) Shared personal care
assistance services follow the same criteria for covered services as
subdivision 2.
(e) Noncovered shared personal
care assistance services include the following:
(1) services for more than three recipients by one personal care assistant at one time;
(2) staff requirements for child care programs under chapter 245C;
(3) caring for multiple recipients in more than one setting;
(5) use of more than one
personal care assistance provider agency for the shared care services.
(f) The option of shared personal
care assistance services is elected by the recipient or the
responsible party with the assistance of the assessor. The option must be determined appropriate
based on the ages of the recipients, compatibility, and coordination of their
assessed care needs. The recipient or
the responsible party, in conjunction with the qualified professional, shall
arrange the setting and grouping of shared services based on the individual
needs and preferences of the recipients.
The personal care assistance provider agency shall offer the recipient
or the responsible party the option of shared services or one-on-one
personal care assistance services or a combination of both. The recipient or the responsible party may
withdraw from participating in a shared services arrangement at any time.
(g) Authorization for the
shared service option must be determined by the commissioner based on the
criteria that the shared service is appropriate to meet all of the recipients'
needs and their the recipients' health and safety is maintained. The authorization of shared services is part
of the overall authorization of personal care assistance services. Nothing in this subdivision must be construed
to reduce the total number of hours authorized for an individual recipient.
(h) A personal care
assistant providing shared personal care assistance services must:
(1) receive training specific for each recipient served; and
(2) follow all required documentation requirements for time and services provided.
(i) A qualified professional shall:
(1) evaluate the ability of
the personal care assistant to provide services for all of to all
the recipients in a shared setting;
(2) visit the shared setting as shared services are being provided at least once every six months or whenever needed for response to a recipient's request for increased supervision of the personal care assistance staff;
(3) provide ongoing monitoring and evaluation of the effectiveness and appropriateness of the shared services;
(4) develop a contingency
plan with each of the recipients which that accounts for absence
of the recipient in a shared services setting due to illness or other
circumstances;
(5) obtain permission from each of the recipients who are sharing a personal care assistant for number of shared hours for services provided inside and outside the home residence; and
(6) document the training completed by the personal care assistants specific to the shared setting and recipients sharing services.
Sec. 15. Minnesota Statutes 2024, section 256B.0659, subdivision 17, is amended to read:
Subd. 17. Shared
services; rates. (a) For the
purposes of this subdivision, "additional revenue for shared
services" means the difference between the rate paid to a personal care
assistance provider agency for serving a single recipient and the sum of the
rates paid to a personal care assistance provider agency for shared services
provided to more than one recipient.
(b)
For the purposes of this subdivision, "wages and wage-related costs"
means increased wages and any corresponding increase in the employer's share of
FICA taxes, Medicare taxes, state and federal unemployment taxes, workers'
compensation premiums, and contributions to employee retirement accounts if the
contribution is a function of wages.
(c) The commissioner
shall provide a rate system for shared personal care assistance services. For two persons recipients
sharing services, the rate paid to a personal care assistance provider agency
for the shared services must not exceed one and one-half times the rate
paid for serving a single individual, and recipient. For three persons recipients
sharing services, the rate paid to a personal care assistance provider agency
for the shared services must not exceed twice the rate paid for serving a
single individual recipient.
These rates apply only when all of the criteria for the
shared care personal care assistance service have been services are
met.
(d) Of the additional
revenue for shared services provided to two recipients, the personal care
assistance provider agency must use 90 percent for the purposes specified in
paragraph (e). Of the additional revenue
for shared services provided to three recipients, the personal care assistance
provider agency must use 90 percent for the purposes specified in paragraph
(e).
(e) A personal care
assistance provider agency must use the percentages of additional revenue for
shared services specified in paragraph (d) for the wages and wage-related costs
of the personal care assistant providing the shared services. The personal care assistance provider agency
must not use additional revenue for shared services to pay for mileage
reimbursements, uniform allowances, health and dental insurance, life
insurance, disability insurance, long-term care insurance, contributions to
employee retirement accounts if the contribution is not a function of wages, or
any other employee benefits.
Sec. 16. Minnesota Statutes 2024, section 256B.0659, subdivision 19, is amended to read:
Subd. 19. Personal care assistance choice option; qualifications; duties. (a) Under personal care assistance choice, the recipient or responsible party shall:
(1) recruit, hire, schedule, and terminate personal care assistants according to the terms of the written agreement required under subdivision 20, paragraph (a);
(2) develop a personal care assistance care plan based on the assessed needs and addressing the health and safety of the recipient with the assistance of a qualified professional as needed;
(3) orient and train the personal care assistant with assistance as needed from the qualified professional;
(4) supervise and evaluate the personal care assistant with the qualified professional, who is required to visit the recipient at least every 180 days;
(5) monitor and verify in writing and report to the personal care assistance choice agency the number of hours worked by the personal care assistant and the qualified professional;
(6) engage in an annual reassessment as required in subdivision 3a to determine continuing eligibility and service authorization;
(7) use the same personal
care assistance choice provider agency if shared personal assistance care is
services are being used; and
(8) ensure that a personal care assistant driving the recipient under subdivision 1, paragraph (i), has a valid driver's license and the vehicle used is registered and insured according to Minnesota law.
(1) meet all personal care assistance provider agency standards;
(2) enter into a written agreement with the recipient, responsible party, and personal care assistants;
(3) not be related as a parent, child, sibling, or spouse to the recipient or the personal care assistant; and
(4) ensure arm's-length transactions without undue influence or coercion with the recipient and personal care assistant.
(c) The duties of the personal care assistance choice provider agency are to:
(1) be the employer of the personal care assistant and the qualified professional for employment law and related regulations including but not limited to purchasing and maintaining workers' compensation, unemployment insurance, surety and fidelity bonds, and liability insurance, and submit any or all necessary documentation including but not limited to workers' compensation, unemployment insurance, and labor market data required under section 256B.4912, subdivision 1a;
(2) bill the medical assistance program for personal care assistance services and qualified professional services;
(3) request and complete background studies that comply with the requirements for personal care assistants and qualified professionals;
(4) pay the personal care assistant and qualified professional based on actual hours of services provided;
(5) withhold and pay all applicable federal and state taxes;
(6) verify and keep records of hours worked by the personal care assistant and qualified professional;
(7) make the arrangements and pay taxes and other benefits, if any, and comply with any legal requirements for a Minnesota employer;
(8) enroll in the medical assistance program as a personal care assistance choice agency; and
(9) enter into a written agreement as specified in subdivision 20 before services are provided.
Sec. 17. Minnesota Statutes 2025 Supplement, section 256B.0911, subdivision 30, is amended to read:
Subd. 30. Assessment and support planning; supplemental information. The lead agency must give the person receiving long-term care consultation services or the person's legal representative materials and forms supplied by the commissioner containing the following information:
(1) written recommendations for community-based services and consumer-directed options;
(2) documentation that the most cost-effective alternatives available were offered to the person;
(3) the need for and purpose of preadmission screening conducted by long-term care options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects nursing facility placement. If the person selects nursing facility placement, the lead agency shall forward information needed to complete the level of care determinations and screening for developmental disability and mental illness collected during the assessment to the long-term care options counselor using forms provided by the commissioner;
(5) information about Minnesota health care programs;
(6) the person's freedom to accept or reject the recommendations of the team;
(7) the person's right to confidentiality under the Minnesota Government Data Practices Act, chapter 13;
(8) the certified assessor's decision regarding the person's need for institutional level of care as determined under criteria established in subdivision 26 and regarding eligibility for all services and programs as defined in subdivision 11, clauses (7) to (10);
(9) the person's right to
appeal the certified assessor's decision regarding eligibility for all services
and programs as defined in subdivision 11, clauses (5), (7) to (10), and (15),
and the decision regarding the need for institutional level of care, an
attestation to no changes in needs or services, or the lead agency's final
decisions regarding public programs eligibility according to section 256.045,
subdivision 3. The certified assessor
must verbally communicate this appeal right to the person and must visually
point out where in the document the right to appeal is stated; and
(10) documentation that available options for employment services, independent living, and self-directed services and supports were described to the person.
Sec. 18. Minnesota Statutes 2024, section 256B.0911, subdivision 32, as amended by Laws 2026, chapter 95, article 4, section 17, is amended to read:
Subd. 32. Administrative activity. (a) The commissioner shall:
(1) streamline the processes, including timelines for when assessments need to be completed;
(2) provide the services in
this section; and
(3) implement integrated
solutions to automate the business processes to the extent necessary for
support plan approval, reimbursement, program planning, evaluation, and policy
development.; and
(4) effective July 1,
2028, grant limited role-based access to a person's support plan in the
MnCHOICES system to home and community-based service providers who have been
designated as a provider for that person by a lead agency for the purpose of
signing the person's support plan electronically and demonstrating that the
provider has reviewed, understood, and agrees to deliver services as outlined
in the plan.
(b) The commissioner shall work with lead agencies responsible for conducting long-term care consultation services to modify the MnCHOICES application and assessment policies to create efficiencies while ensuring federal compliance with medical assistance and long-term services and supports eligibility criteria.
Sec. 19. Minnesota Statutes 2024, section 256B.0922, is amended by adding a subdivision to read:
Subd. 3. Billing
limits. (a) Effective January
1, 2027, or upon federal approval, whichever is later, billable unit maximums
are established for the following services authorized under this section:
(1) for chore services,
a maximum of 24 units per week per recipient, where a unit is defined as a
15-minute increment;
(2)
for homemaker services, cleaning and home management may be provided for a
maximum of 16 hours combined per week per recipient; and
(3) for personal
emergency response system services, a maximum of one unit per month per
recipient.
(b) Billing limits under
this subdivision apply only to the individual service listed and do not
prohibit the recipient from accessing other services for which they are
eligible on the same day, week, or month, subject to other applicable
requirements.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 20. Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision to read:
Subd. 20. Billing
limits. (a) Effective July 1,
2027, or upon federal approval, whichever is later, the following billing
limits apply to early intensive developmental and behavioral intervention
services:
(1) intensive services: 40 hours per week per recipient;
(2) travel: two hours per day per recipient;
(3) observation and
direction: 20 hours per week per
recipient; and
(4) individual treatment
and planning: 300 units per year per
recipient.
(b) The commissioner
must grant exceptions to the billing limits under paragraph (a) when services
in excess of the billing limits are determined to be medically necessary. A provider must apply to the commissioner for
an exception on the forms and in the manner prescribed by the commissioner. A determination under this paragraph is final
and not subject to appeal.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 21. Minnesota Statutes 2024, section 256B.4912, is amended by adding a subdivision to read:
Subd. 17. Billing
limits. (a) Effective January
1, 2027, or upon federal approval, whichever is later, billable unit maximums
are established for the following services authorized under sections 256B.092
and 256B.49:
(1) for assistive
technology authorized under section 256B.092, a maximum of $10,000 annually per
recipient;
(2) for chore services,
a maximum of 24 units per week per recipient, where a unit is defined as a
15-minute increment;
(3) for homemaker
services, cleaning and home management may be provided for a maximum of 16
hours combined per week per recipient;
(4) for family training
and counseling, a maximum of two hours per week per recipient;
(5) for independent
living skills, a maximum of six hours per day per recipient; and
(6) for personal
emergency response system services, a maximum of one unit per month per
recipient.
(b)
The limits in this subdivision do not limit a person's use of other waiver
services. Billing limits under this
subdivision apply only to the individual service listed and do not prohibit the
recipient from accessing other services for which they are eligible on the same
day, week, or month, subject to other applicable requirements.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2024, section 256B.4912, is amended by adding a subdivision to read:
Subd. 18. Prohibition
on room and board payments. (a)
The provider must not use medical assistance money to pay for room and board,
including but not limited to rent, mortgage payments, utilities, property
taxes, homeowners association fees, or any other housing-related cost, in
accordance with federal home and community‑based services waiver requirements
under United States Code, title 42, section 1396n(c), and Code of Federal
Regulations, title 42, section 441.310.
(b) A provider of home
and community-based services, including but not limited to integrated community
supports under section 245D.03, subdivision 1, paragraph (c), clause (8), must
not:
(1) use, allocate, or
apply any payment for home and community-based services to cover, subsidize,
discount, or otherwise contribute to any room and board expenses for a person
receiving services;
(2) apply agency operating margins, reserves, or profits derived from home and community-based services to pay for rent or pay other housing costs for persons receiving services; or
(3) enter into any
financial arrangement, discount, concession, or reimbursement structure that
has the effect of using medical assistance service revenue to offset the
housing costs of a person receiving services.
(c) Nothing in this
subdivision prohibits a provider from charging a person for room and board in
accordance with chapter 504B or applicable housing support laws, provided the
charge is independent of medical assistance payments and complies with all federal
home and community-based services setting requirements, including but not
limited to tenancy protections under Code of Federal Regulations, title 42,
section 441.301(c)(4)(vi)(A).
(d) The commissioner may
pursue corrective action, payment recovery, sanctions under section 256B.064,
and licensing action under chapter 245A or 245D for a violation of this
subdivision.
(e) Notwithstanding
paragraphs (a) and (b), payment for room and board is permitted when explicitly
included as part of a service authorized in a federally approved home and
community-based services waiver under United States Code, title 42, section
1396n(c).
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 23. Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 3, is amended to read:
Subd. 3. Applicable services. Applicable services are those authorized under the state's home and community‑based services waivers under sections 256B.092 and 256B.49, including the following, as defined in the federally approved home and community-based services plan:
(1) 24-hour customized living;
(2) adult day services;
(3) adult day services bath;
(5) customized living;
(6) day support services;
(7) employment development services;
(8) employment exploration services;
(9) employment support services;
(10) family residential services;
(11) individualized home supports;
(12) individualized home supports with family training;
(13) individualized home supports with training;
(14) integrated community supports;
(15) life sharing;
(16) effective until the effective date of clauses (17) and (18), night supervision;
(17) effective January 1, 2026, or upon federal approval, whichever is later, awake night supervision;
(18) effective January 1, 2026, or upon federal approval, whichever is later, asleep night supervision;
(19) positive support services;
(20) prevocational services;
(21) residential support services;
(22) transportation services;
(23) effective October 1, 2027, or upon federal approval, whichever is later, integrated community supports access services; and
(23) (24) other
services as approved by the federal government in the state home and
community-based services waiver plan.
Sec. 24. Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 5a, is amended to read:
Subd. 5a. Base wage index; calculations. The base wage index must be calculated as follows:
(1) for supervisory staff, 100 percent of the median wage for community and social services specialist (SOC code 21-1099), with the exception of the supervisor of positive supports professional, positive supports analyst, and positive supports specialist, which is 100 percent of the median wage for clinical counseling and school psychologist (SOC code 19-3031);
(3) for licensed practical nurse staff, 100 percent of the median wage for licensed practical nurses (SOC code 29‑2061);
(4) for residential asleep-overnight staff, the minimum wage in Minnesota for large employers;
(5) for residential direct care staff, the sum of:
(i) 15 percent of the subtotal of 50 percent of the median wage for home health and personal care aide (SOC code 31-1120); 30 percent of the median wage for nursing assistant (SOC code 31-1131); and 20 percent of the median wage for social and human services aide (SOC code 21-1093); and
(ii) 85 percent of the subtotal of 40 percent of the median wage for home health and personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant (SOC code 31-1131); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
(6) for adult day services staff, 70 percent of the median wage for nursing assistant (SOC code 31-1131); and 30 percent of the median wage for home health and personal care aide (SOC code 31-1120);
(7) for day support services staff and prevocational services staff, 20 percent of the median wage for nursing assistant (SOC code 31-1131); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);
(8) for positive supports analyst staff, 100 percent of the median wage for substance abuse, behavioral disorder, and mental health counselor (SOC code 21-1018);
(9) for positive supports professional staff, 100 percent of the median wage for clinical counseling and school psychologist (SOC code 19-3031);
(10) for positive supports specialist staff, 100 percent of the median wage for psychiatric technicians (SOC code 29-2053);
(11) for individualized home supports with family training staff, 20 percent of the median wage for nursing aide (SOC code 31-1131); 30 percent of the median wage for community social service specialist (SOC code 21-1099); 40 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);
(12) for individualized home supports with training services staff, 40 percent of the median wage for community social service specialist (SOC code 21-1099); 50 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);
(13) for employment support services staff, 50 percent of the median wage for rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for community and social services specialist (SOC code 21‑1099);
(14) for employment exploration services staff, 50 percent of the median wage for education, guidance, school, and vocational counselor (SOC code 21-1012); and 50 percent of the median wage for community and social services specialist (SOC code 21-1099);
(16) for individualized home support without training staff, 50 percent of the median wage for home health and personal care aide (SOC code 31-1120); and 50 percent of the median wage for nursing assistant (SOC code 31‑1131);
(17) effective until the effective date of clauses (18) and (19), for night supervision staff, 40 percent of the median wage for home health and personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant (SOC code 31-1131); 20 percent of the median wage for psychiatric technician (SOC code 29‑2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
(18) effective January 1,
2026, or upon federal approval, whichever is later, for awake night supervision
staff, 40 percent of the median wage for home health and personal care aide
(SOC code 31-1120); 20 percent of the median wage for nursing assistant (SOC
code 31-1131); 20 of percent the median wage for psychiatric technician (SOC
code 29-2053); and 20 percent of the median wage for social and human services
aid (SOC code 21-1093); and
(19) effective January 1,
2026, or upon federal approval, whichever is later, for asleep night
supervision staff, the minimum wage in Minnesota for large employers; and
(20) effective October
1, 2027, or upon federal approval, whichever is later, for integrated community
support staff, the sum of:
(i) 15 percent of the
subtotal of 50 percent of the median wage for home health and personal care
aide (SOC code 31-1120); 30 percent of the median wage for nursing assistant
(SOC code 31-1131); and 20 percent of the median wage for social and human services
aide (SOC code 21-1093); and
(ii) 85 percent of the subtotal of 40 percent of the median wage for home health and personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant (SOC code 31-1131); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093).
Sec. 25. Minnesota Statutes 2024, section 256B.4914, subdivision 6, is amended to read:
Subd. 6. Residential support services; generally. (a) For purposes of this section, residential support services includes 24-hour customized living services, community residential services, customized living services, and integrated community supports.
(b) Effective October 1,
2027, or upon federal approval, whichever is later, for purposes of this
section, residential support services includes 24-hour customized living
services, community residential services, customized living services, and
integrated community supports access services.
(b) (c) A
unit of service for residential support services is a day. Any portion of any calendar day, within
allowable Medicaid rules, where an individual spends time in a residential
setting is billable as a day. The number
of days authorized for all individuals enrolling in residential support
services must include every day that services start and end.
(c) (d) When
the available shared staffing hours in a residential setting are insufficient
to meet the needs of an individual who enrolled in residential support services
after January 1, 2014, then individual staffing hours shall be used.
Subd. 6a. Community residential services; component values and calculation of payment rates. (a) Component values for community residential services are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) general administrative support ratio: 13.25 percent;
(6) program-related expense ratio: 1.3 percent; and
(7) absence and utilization factor ratio: 3.9 percent.
(b) Payments for community residential services must be calculated as follows:
(1) determine the number of shared direct staffing and individual direct staffing hours to meet a recipient's needs provided on site or through monitoring technology;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);
(5) multiply the number of shared direct staffing and individual direct staffing hours provided on site or through monitoring technology and nursing hours by the appropriate staff wages;
(6) multiply the number of shared direct staffing and individual direct staffing hours provided on site or through monitoring technology and nursing hours by the product of the supervision span of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6), excluding any shared direct staffing and individual direct staffing hours provided through monitoring technology, and multiply the result by one plus the employee vacation, sick, and training allowance ratio. This is defined as the direct staffing cost;
(8) for employee-related expenses, multiply the direct staffing cost, excluding any shared direct staffing and individual hours provided through monitoring technology, by one plus the employee-related cost ratio;
(9) for client programming and supports, add $2,260.21 divided by 365. The commissioner shall update the amount in this clause as specified in subdivision 5b;
(11) subtotal clauses (8) to (10) and the direct staffing cost of any shared direct staffing and individual direct staffing hours provided through monitoring technology that was excluded in clause (8);
(12) sum the standard general administrative support ratio, the program-related expense ratio, and the absence and utilization factor ratio;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the total payment amount; and
(14) adjust the result of clause (13) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
(c) Effective July 1,
2027, the commissioner must establish the following acuity-based community
residential service tool input limits on total individual hours entered, based
on the case mix rates determined under this section:
(1) zero individual
hours per day for people assessed for case mixes A, C, and L;
(2) no more than six
individual hours per day for people assessed for case mixes B, D, and F;
(3) no more than 16
individual hours per day for people assessed for case mixes E, G, I, J, and K;
and
(4) no more than 24
individual hours per day for people assessed for case mix H or residing in a
community residential setting licensed for one person regardless of case mix
level.
(d) The commissioner
must provide an exception process under subdivision 14 to the limits in
paragraph (c) for individuals with extraordinary needs who might otherwise end
up in institutional settings without additional authorized individual hour
inputs.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 27. Minnesota Statutes 2024, section 256B.4914, subdivision 6c, is amended to read:
Subd. 6c. Integrated community supports; component values and calculation of payment rates. (a) Component values for integrated community supports are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) general administrative support ratio: 13.25 percent;
(6) program-related expense ratio: 1.3 percent; and
(7) absence and utilization factor ratio: 3.9 percent.
(1) determine the number of
shared direct staffing and individual direct staffing hours to meet a
recipient's needs. The base shared
direct staffing hours must be eight hours divided by the number of people
receiving support in approved capacity of the integrated community
support setting, and the individual direct staffing hours must be the average
number of direct support hours provided directly to the service recipient;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);
(5) multiply the number of shared direct staffing and individual direct staffing hours in clause (1) by the appropriate staff wages;
(6) multiply the number of shared direct staffing and individual direct staffing hours in clause (1) by the product of the supervisory span of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6) and multiply the result by one plus the employee vacation, sick, and training allowance ratio. This is defined as the direct staffing cost;
(8) for employee-related expenses, multiply the direct staffing cost by one plus the employee-related cost ratio;
(9) for client programming and supports, add $2,260.21 divided by 365. The commissioner shall update the amount in this clause as specified in subdivision 5b;
(10) add the results of clauses (8) and (9);
(11) add the standard general administrative support ratio, the program-related expense ratio, and the absence and utilization factor ratio;
(12) divide the result of clause (10) by one minus the result of clause (11). This is the total payment amount; and
(13) adjust the result of clause (12) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
(c) The commissioner
must establish maximum allowable in-person and remote service hours used in the
rate methodology for integrated community supports based on the recipient's
case mix classification. Effective
January 1, 2027, the total number of service hours entered into the rate
framework must not exceed the following limits:
(1) for case mix
classifications A, C, and L, a maximum of two hours per day;
(2) for case mix
classifications B, D, and F, a maximum of four hours per day;
(3) for case mix
classifications E, G, I, J, and K, a maximum of six hours per day; and
(4) for case mix
classification H, a maximum of eight hours per day.
(d)
The daily limit in paragraph (c) does not limit a person's use of other
disability waiver services that may be provided on the same day in alignment
with the federally approved waiver. Nothing
in paragraph (c) prohibits approval of a rate exception for individuals with
exceptional or complex needs.
(e) This subdivision
expires upon the effective date of subdivisions 6e and 8a.
Sec. 28. Minnesota Statutes 2024, section 256B.4914, subdivision 6d, is amended to read:
Subd. 6d. Payment for customized living. (a) The payment methodology for customized living and 24-hour customized living must be the customized living tool. The commissioner shall revise the customized living tool to reflect the services and activities unique to disability-related recipient needs and adjust for regional differences in the cost of providing services.
(b) The rate adjustments described in section 256S.205 do not apply to rates paid under this section.
(c) Customized living and 24-hour customized living rates determined under this section shall not include more than 24 hours of support in a daily unit.
(d) The commissioner shall establish the following acuity-based customized living tool input limits, based on case mix, for customized living and 24-hour customized living rates determined under this section:
(1) no more than two hours of mental health management per day for
people assessed for case mixes A, D, and G;
(2) no more than four hours of activities of daily living assistance per
day for people assessed for case mix B; and
(3) no more than six hours of activities of daily living assistance per day for people assessed for case mix D.
(e) Effective January 1, 2027, or upon federal approval, whichever is later, customized living monthly service rate limits must equal the monthly service rate limits determined under section 256S.202, subdivisions 1 and 2, multiplied by 126.36 percent.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 29. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision to read:
Subd. 6e. Integrated
community supports access services; component values and calculation of payment
rates. (a) This subdivision
is effective October 1, 2027, or upon federal approval, whichever is later.
(b) Component values for
integrated community supports access services are:
(1) competitive
workforce factor: 6.7 percent;
(2) supervisory span of
control ratio: 11 percent;
(3) employee vacation,
sick, and training allowance ratio: 8.71
percent;
(4) employee-related
cost ratio: 23.6 percent;
(5) general
administrative support ratio: 13.25
percent;
(6) program-related
expense ratio: 1.3 percent; and
(7)
absence and utilization factor ratio: 3.9
percent.
(c) Payments for
integrated community supports access services must be calculated as follows:
(1) the base shared
direct staffing hours must be eight hours divided by the approved capacity of
integrated community support setting;
(2) determine the
appropriate hourly staff wage rates derived by the commissioner as provided in
subdivisions 5 and 5a;
(3) except for
subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;
(4) for a recipient
requiring customization for deaf and hard-of-hearing language accessibility
under subdivision 12, add the customization rate provided in subdivision 12 to
the result of clause (3);
(5) multiply the number
of shared direct staffing hours in clause (1) by the appropriate staff wages;
(6) multiply the number
of shared direct staffing hours in clause (1) by the product of the supervisory
span of control ratio and the appropriate supervisory staff wage in subdivision
5a, clause (1);
(7) combine the results
of clauses (5) and (6) and multiply the result by one plus the employee
vacation, sick, and training allowance ratio.
This is defined as the direct staffing cost;
(8) for employee-related
expenses, multiply the direct staffing cost by one plus the employee-related
cost ratio;
(9) for client
programming and supports, add $2,260.21 divided by 365. The commissioner shall update the amount in
this clause as specified in subdivision 5b;
(10) add the results of
clauses (8) and (9);
(11) add the standard
general administrative support ratio, the program-related expense ratio, and
the absence and utilization factor ratio;
(12) divide the result
of clause (10) by one minus the result of clause (11). This is the total payment amount; and
(13) adjust the result
of clause (12) by a factor to be determined by the commissioner to adjust for
regional differences in the cost of providing residential services.
Sec. 30. Minnesota Statutes 2024, section 256B.4914, subdivision 7b, is amended to read:
Subd. 7b. Day support services; component values and calculation of payment rates. (a) Component values for day support services are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(6) client programming and support ratio: 10.37 percent, updated as specified in subdivision 5b;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 1.8 percent; and
(9) absence and utilization factor ratio: 9.4 percent.
(b) A unit of service for day support services is 15 minutes.
(c) Payments for day support services must be calculated as follows:
(1) determine the number of units of service and the staffing ratio to meet a recipient's needs;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);
(5) multiply the number of day program direct staffing hours and nursing hours by the appropriate staff wage;
(6) multiply the number of day program direct staffing hours by the product of the supervisory span of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6), and multiply the result by one plus the employee vacation, sick, and training allowance ratio. This is defined as the direct staffing rate;
(8) for program plan support, multiply the result of clause (7) by one plus the program plan support ratio;
(9) for employee-related expenses, multiply the result of clause (8) by one plus the employee-related cost ratio;
(10) for client programming and supports, multiply the result of clause (9) by one plus the client programming and support ratio;
(11) for program facility costs, add $19.30 per week with consideration of staffing ratios to meet individual needs, updated as specified in subdivision 5b;
(12) this is the subtotal rate;
(13) sum the standard general administrative rate support ratio, the program-related expense ratio, and the absence and utilization factor ratio;
(14) divide the result of clause (12) by one minus the result of clause (13). This is the total payment amount; and
(d) Effective January 1,
2027, or upon federal approval, whichever is later, the billing limit for day
support services is equal to a maximum of eight hours per day per recipient.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 31. Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 8, is amended to read:
Subd. 8. Unit-based services with programming; component values and calculation of payment rates. (a) For the purpose of this section, unit-based services with programming include employment exploration services, employment development services, employment support services, individualized home supports with family training, individualized home supports with training, and positive support services provided to an individual outside of any service plan for a day program or residential support service.
(b) Component values for unit-based services with programming are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 15.5 percent;
(6) client programming and support ratio: 4.7 percent, updated as specified in subdivision 5b;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 6.1 percent; and
(9) absence and utilization factor ratio: 3.9 percent.
(c) A unit of service for unit-based services with programming is 15 minutes.
(d) Payments for unit-based services with programming must be calculated as follows, unless the services are reimbursed separately as part of a residential support services or day program payment rate:
(1) determine the number of units of service to meet a recipient's needs;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);
(6) multiply the number of direct staffing hours by the product of the supervisory span of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6), and multiply the result by one plus the employee vacation, sick, and training allowance ratio. This is defined as the direct staffing rate;
(8) for program plan support, multiply the result of clause (7) by one plus the program plan support ratio;
(9) for employee-related expenses, multiply the result of clause (8) by one plus the employee-related cost ratio;
(10) for client programming and supports, multiply the result of clause (9) by one plus the client programming and support ratio;
(11) this is the subtotal rate;
(12) sum the standard general administrative support ratio, the program-related expense ratio, and the absence and utilization factor ratio;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the total payment amount;
(14) for services provided in a shared manner, divide the total payment in clause (13) as follows:
(i) for employment exploration services, divide by the number of service recipients, not to exceed five;
(ii) for employment support services, divide by the number of service recipients, not to exceed six;
(iii) for individualized home supports with training and individualized home supports with family training, divide by the number of service recipients, not to exceed three; and
(iv) for night supervision, divide by the number of service recipients, not to exceed two; and
(15) adjust the result of clause (14) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
(e) Effective January 1,
2026, or upon federal approval, whichever is later, a provider must not bill
more than three consecutive hours and not more than six total hours per day for
individualized home supports with training and individualized home supports
with family training. This daily limit
does not limit a person's use of other disability waiver services, including
individualized home supports, which may be provided on the same day by the same
provider providing individualized home supports with training or individualized
home supports with family training. This
paragraph expires upon the effective date of paragraph (f).
(f) Effective January 1,
2027, or upon federal approval, whichever is later, a provider must not bill
more than:
(1) for individualized
home supports with training, a monthly service limit of 182.5 hours; and
(2) for individualized
home supports with family training, not more than six total hours per day.
(g) The
limits in paragraph (f), clauses (1) and (2), do not limit a person's use of
other disability waiver services, including individualized home supports, which
may be provided on the same day by the same provider providing individualized
home supports with training or individualized home supports with family
training.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 32. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision to read:
Subd. 8a. Integrated
community supports unit-based services with programming; component values and
calculation of payment rates. (a)
This subdivision is effective October 1, 2027, or upon federal approval,
whichever is later.
(b) Component values for
integrated community supports unit-based services with programming are:
(1) competitive
workforce factor: 6.7 percent;
(2) supervisory span of
control ratio: 11 percent;
(3) employee vacation,
sick, and training allowance ratio: 8.71
percent;
(4) employee-related
cost ratio: 23.6 percent;
(5) program plan support
ratio: 11.25 percent;
(6) client programming
and support ratio: 3.5 percent, updated
as specified in subdivision 5b;
(7) general
administrative support ratio: 13.25
percent;
(8) program-related
expense ratio: 1.3 percent; and
(9) absence and
utilization factor ratio: 3.9 percent.
(c) A unit of integrated
community supports unit-based services with programming is 15 minutes.
(d) Payments for
integrated community supports unit-based services must be calculated as
follows:
(1) determine the number
of units of service to meet a recipient's needs;
(2) determine the
appropriate hourly staff wage rates derived by the commissioner as provided in
subdivisions 5 to 5a;
(3) except for
subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;
(4) for a recipient
requiring customization for deaf and hard-of-hearing language accessibility
under subdivision 12, add the customization rate provided in subdivision 12 to
the result of clause (3);
(5) multiply the number
of direct staffing hours by the appropriate staff wage;
(6) multiply the number
of direct staffing hours by the product of the supervisory span of control
ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7)
combine the results of clauses (5) and (6), and multiply the result by one plus
the employee vacation, sick, and training allowance ratio. This is defined as the direct staffing rate;
(8) for program plan
support, multiply the result of clause (7) by one plus the program plan support
ratio;
(9) for employee-related
expenses, multiply the result of clause (8) by one plus the employee-related
cost ratio;
(10) for client
programming and supports, multiply the result of clause (9) by one plus the
client programming and support ratio;
(11) this is the
subtotal rate;
(12) sum the standard
general administrative support ratio, the program-related expense ratio, and
the absence and utilization factor ratio;
(13) divide the result
of clause (11) by one minus the result of clause (12). This is the total payment amount; and
(14) adjust the result
of clause (13) by a factor to be determined by the commissioner to adjust for
regional differences in the cost of providing residential services.
(e) The commissioner
must establish maximum allowable in-person and remote service hours used in the
rate methodology for integrated community supports based on the recipient's
case mix classification. The total
number of service hours entered into the rate framework must not exceed the
following limits:
(1) for case mix
classifications A, C, and L, a maximum of two hours per day;
(2) for case mix
classifications B, D, and F, a maximum of four hours per day;
(3) for case mix
classifications E, G, I, J, and K, a maximum of six hours per day; and
(4) for case mix
classification H, a maximum of eight hours per day.
(f) The daily limit in
paragraph (e) does not limit a person's use of other disability waiver services
that may be provided on the same day in alignment with the federally approved
waiver. Nothing in paragraph (e)
prohibits approval of a rate exception for individuals with exceptional or
complex needs.
Sec. 33. Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 9, is amended to read:
Subd. 9. Unit-based services without programming; component values and calculation of payment rates. (a) For the purposes of this section, unit-based services without programming include individualized home supports without training and night supervision provided to an individual outside of any service plan for a day program or residential support service. Unit-based services without programming do not include respite. This paragraph expires upon the effective date of paragraph (b).
(b) Effective January 1, 2026, or upon federal approval, whichever is later, for the purposes of this section, unit-based services without programming include individualized home supports without training, awake night supervision, and asleep night supervision provided to an individual outside of any service plan for a day program or residential support service.
(c) Component values for unit-based services without programming are:
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 7.0 percent;
(6) client programming and support ratio: 2.3 percent, updated as specified in subdivision 5b;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 2.9 percent; and
(9) absence and utilization factor ratio: 3.9 percent.
(d) A unit of service for unit-based services without programming is 15 minutes.
(e) Payments for unit-based services without programming must be calculated as follows unless the services are reimbursed separately as part of a residential support services or day program payment rate:
(1) determine the number of units of service to meet a recipient's needs;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as provided in subdivisions 5 to 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (3);
(5) multiply the number of direct staffing hours by the appropriate staff wage;
(6) multiply the number of direct staffing hours by the product of the supervisory span of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6), and multiply the result by one plus the employee vacation, sick, and training allowance ratio. This is defined as the direct staffing rate;
(8) for program plan support, multiply the result of clause (7) by one plus the program plan support ratio;
(9) for employee-related expenses, multiply the result of clause (8) by one plus the employee-related cost ratio;
(10) for client programming and supports, multiply the result of clause (9) by one plus the client programming and support ratio;
(11) this is the subtotal rate;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the total payment amount;
(14) for individualized home supports without training provided in a shared manner, divide the total payment amount in clause (13) by the number of service recipients, not to exceed three; and
(15) adjust the result of clause (14) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
(f) Effective January 1,
2027, or upon federal approval, whichever is later, the billing limit for awake
night supervision and asleep night supervision is equal to a maximum of ten
hours per day per recipient, of which no more than eight hours per day may be
asleep night supervision.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 34. Minnesota Statutes 2024, section 256B.4914, subdivision 9a, is amended to read:
Subd. 9a. Respite services; component values and calculation of payment rates. (a) For the purposes of this section, respite services include respite services provided to an individual outside of any service plan for a day program or residential support service.
(b) Component values for respite services are:
(1) competitive workforce factor: 4.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) general administrative support ratio: 13.25 percent;
(6) program-related expense ratio: 2.9 percent; and
(7) absence and utilization factor ratio: 3.9 percent.
(c) A unit of service for respite services is 15 minutes.
(d) Payments for respite services must be calculated as follows unless the service is reimbursed separately as part of a residential support services or day program payment rate:
(1) determine the number of units of service to meet an individual's needs;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the product of one plus the competitive workforce factor;
(5) multiply the number of direct staffing hours by the appropriate staff wage;
(6) multiply the number of direct staffing hours by the product of the supervisory span of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6), and multiply the result by one plus the employee vacation, sick, and training allowance ratio. This is defined as the direct staffing rate;
(8) for employee-related expenses, multiply the result of clause (7) by one plus the employee-related cost ratio;
(9) this is the subtotal rate;
(10) sum the standard general administrative support ratio, the program-related expense ratio, and the absence and utilization factor ratio;
(11) divide the result of clause (9) by one minus the result of clause (10). This is the total payment amount;
(12) for respite services provided in a shared manner, divide the total payment amount in clause (11) by the number of service recipients, not to exceed three; and
(13) adjust the result of clause (12) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
(e) Effective January 1,
2027, or upon federal approval, whichever is later, the billing limit for
in-home respite services is equal to a maximum of 30 consecutive days per
respite occurrence.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 35. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision to read:
Subd. 10e. Documentation
of staffing; auditing and rate review.
(a) Effective for services provided on or after January 1, 2029,
a provider enrolled to provide residential support services under subdivision 6
must maintain documentation of direct staffing hours provided to each person
receiving services, including but not limited to documentation identifying:
(1) the name, role, and
unique identifier for each staff person who provided services to match records
to payroll, time and attendance systems, and any other source documentation;
(2) the date services
were provided;
(3) the total number of
hours of direct support provided;
(4) awake overnight
staffing hours provided, if applicable;
(5) asleep overnight
staffing hours provided, if applicable; and
(6) any other staffing
information required by the commissioner.
(b) A
provider must maintain documentation in a manner and format determined by the
commissioner for at least six years. If
a provider changes payroll vendors, merges operations, or changes staffing
identifiers, the provider must maintain a documented link between prior and
current staffing identifiers sufficient to allow tracking of hours worked,
turnover, and role classification for each staff person.
(c) A provider must
submit the documentation required under paragraph (a) to the commissioner
annually, in a manner and format determined by the commissioner. The commissioner must establish multiple
submission windows throughout the calendar year and may assign providers to a
submission window for administrative efficiency and system capacity. Documentation must reflect staffing provided
during the prior calendar year and must be submitted no later than the final
business day of the provider's assigned submission window. The commissioner may conduct random or
targeted validations and audits of submitted data and may require supplemental
documentation as necessary to verify accuracy and compliance.
(d) The commissioner
must conduct periodic analysis of documentation submitted under this
subdivision and may validate staffing data through random audits or other
verification methods.
(e) Based on the
analysis under paragraph (d), the commissioner may provide recommendations to
lead agencies regarding modifications to the rate of a person receiving
services, including increases or decreases necessary to align the rate with
staffing provided to the person as demonstrated by the submitted historical
staffing documentation. Recommendations
must be based on the requirements of this section and applicable federal and
state requirements governing rate setting.
(f) If a provider fails
to submit documentation requested within the submission window in paragraph
(c), the commissioner must issue a written notice of noncompliance. If documentation is not received within 60
days following the notice of noncompliance, the commissioner may temporarily
suspend payments to the provider until the required documentation is submitted. The commissioner must make withheld payments
to the provider once the required documentation is received. If the noncompliance persists, the commissioner
may adjust future rate payments, require the provider to submit a corrective
action plan, or pursue other enforcement actions as authorized by law.
(g) The commissioner
must publish annual aggregate reports summarizing audit findings and trends
related to staffing provided under this section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 36. Minnesota Statutes 2024, section 256B.4914, subdivision 13, is amended to read:
Subd. 13. Transportation. The commissioner shall require that the
purchase of transportation services be cost‑effective and be limited to market
rates where the transportation mode is generally available and accessible. Effective January 1, 2027, or upon federal
approval, whichever is later, the billing limit for waiver transportation is
equal to a maximum of 28 one-way trips per week per participant.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 37. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision to read:
Subd. 21. Integrated
community supports access services; service standards and billing criteria. (a) This subdivision is effective
October 1, 2027, or upon federal approval, whichever is later.
(b)
For the purposes of this section, "integrated community supports access
services" means the onsite or on-call availability of trained staff to
address an individual's incidental, unplanned support needs in an integrated
community supports setting.
(c) A provider billing
integrated community supports access services for on-call staff must ensure
that on-call staff are only assigned to one setting and can respond in-person
to the setting within 30 minutes of receiving a request for support. A provider must ensure that staff providing
onsite or on-call availability are specifically trained to support the
individual for each integrated community supports access services unit billed.
(d) Providers must
collect and maintain documentation on each instance of incidental, unplanned
support provided to an individual by onsite or on-call staff. A documented instance of staff providing
incidental, unplanned support is not required for each day the integrated
community supports access services unit is billed.
(e) Documentation
required under this subdivision must include:
(1) the individual's
name;
(2) the date and time
the individual requested incidental, unplanned support from onsite or on-call
staff;
(3) the date and time of
the incidental, unplanned support provision;
(4) the name of the
staff member providing the incidental, unplanned support;
(5) a description of
what incidental, unplanned support was provided; and
(6) an indication if
provision of incidental, unplanned support did or did not result in the need
for direct one‑to‑one support billed under subdivision 8a.
(f) A provider must
document each instance of incidental, unplanned support provision within 72
hours. If documentation is completed
more than 72 hours after provision of incidental, unplanned support, the
provider must document extenuating circumstances that resulted in the delay in
documentation under this subdivision.
(g) Documentation must be maintained either electronically or in paper form. The provider must produce the documentation upon request by the commissioner or lead agency.
Sec. 38. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision to read:
Subd. 22. Administrative
fees charged by providers and vendors.
Effective July 1, 2027, or upon federal approval, whichever is
later, the commissioner must limit administrative fees charged by enrolled
providers and vendors approved by lead agencies to no more than six percent of
the total cost of the service or purchased goods. This limit applies to the following services
and other new market rate services as determined by the commissioner:
(1) chore services
billed daily;
(2) transitional
services; and
(3) transportation.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Subd. 4. Integrated
community supports setting approval moratorium and exception. (a) For purposes of this subdivision,
"integrated community supports setting" means a multifamily housing
building where a provider delivers integrated community supports under section
245D.03, subdivision 1, paragraph (c), clause (8), and for which a provider has
a provider-controlled or provider-associated financial interest as defined
under section 245A.02, subdivision 10b.
(b) The commissioner must
not approve a new integrated community supports setting or approve an expansion
of an existing integrated community supports setting except as provided in this
subdivision.
(c) The commissioner may
approve an exception to the moratorium only when the applicant demonstrates
indirect control of the setting and compliance with:
(1) the federal home and
community-based services requirements under Code of Federal Regulations, title
42, section 441.301(c);
(2) the prohibition on
the use of medical assistance money for room and board under section 256B.4912,
subdivision 17;
(3) independent lease
requirements consistent with chapter 504B; and
(4) all documentation
requirements under section 245D.12.
(d) To approve an
exception, the commissioner must determine that the lead agency has requested
the additional capacity to meet the specific disability-related needs of the
person. Priority must be given to
geographic regions with insufficient integrated community supports capacity
based on statewide or regional needs determination processes.
(e) Nothing in this
subdivision authorizes the commissioner to revoke approval of a previously
approved setting following a change of ownership permissible under section
245A.043.
(f) A determination under
this subdivision is final and not subject to appeal.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 40. Minnesota Statutes 2025 Supplement, section 256B.85, subdivision 7, is amended to read:
Subd. 7. Community first services and supports; covered services. Services and supports covered under CFSS include:
(1) assistance to accomplish activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health-related procedures and tasks through hands-on assistance to accomplish the task or constant supervision and cueing to accomplish the task;
(2) assistance to acquire, maintain, or enhance the skills necessary for the participant to accomplish activities of daily living, instrumental activities of daily living, or health-related tasks;
(3) expenditures for items, services, supports, environmental modifications, or goods, including assistive technology. These expenditures must:
(i) relate to a need identified in a participant's CFSS service delivery plan; and
(4) observation and redirection for behavior or symptoms where there is a need for assistance;
(5) back-up systems or mechanisms, such as the use of pagers or other electronic devices, to ensure continuity of the participant's services and supports;
(6) swimming lessons for a participant younger than 12 years of age whose disability puts the participant at a higher risk of drowning according to the Centers for Disease Control Vital Statistics System;
(7) services described under subdivision 17 provided by a consultation services provider meeting the requirements of subdivision 17a;
(8) services provided by an
FMS provider as defined under subdivision 13a, that is an enrolled
provider with the department;
(9) CFSS services provided
by a support worker who is a parent, stepparent, or legal guardian of a
participant under age 18, or who is the participant's spouse. Covered services under this clause are
subject to the limitations described in subdivision 7b; and
(10) shared services
meeting the shared services requirements of this section; and
(10) (11)
worker training and development services as described in subdivision 18a.
Sec. 41. Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision to read:
Subd. 7c. Shared
services under the agency-provider model.
(a) The commissioner shall authorize shared services arrangements
if the commissioner determines that a shared services arrangement is
appropriate to meet all the participants' needs and sufficient to maintain the
participants' health and safety. The
commissioner must include a decision regarding authorization of shared services
during the process of authorizing CFSS under subdivision 8. The commissioner must not reduce the total
number of authorized units for a participant who elects to receive shared
services.
(b) An agency-provider must offer a participant or the participant's representative the option of shared services, one-on-one services, or a combination of both shared services and one-on-one services when shared services are authorized by the commissioner. The option of shared services may be elected at the sole discretion of either the participant or the participant's representative. The participant or the participant's representative may withdraw from participating in a shared services arrangement at any time.
Sec. 42. Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision to read:
Subd. 7d. Shared
services rates under the agency-provider model. The commissioner shall provide a rate
system for shared services. For two
participants sharing services, the rate paid to an agency-provider for the
shared services must not exceed one and one-half times the rate paid for
serving a single participant. For three
participants sharing services, the rate paid to an agency-provider for the
shared services must not exceed twice the rate paid for serving a single
participant. These rates apply only when
all criteria for shared services are met.
Subd. 7e. Pass-through
for shared services under the agency-provider model. (a) Of the additional revenue for
shared services provided to two participants, the agency-provider must use 90
percent for the purposes specified in paragraph (b). Of the additional revenue for shared services
provided to three participants, the agency-provider must use 90 percent for the
purposes specified in paragraph (b).
(b) An agency-provider
must use the percentages of additional revenue for shared services specified in
paragraph (a) for the wages and wage-related costs of the support worker
providing the shared services. The
agency-provider must not use additional revenue for shared services to pay for
mileage reimbursements, uniform allowances, health and dental insurance, life
insurance, disability insurance, long-term care insurance, contributions to
employee retirement accounts when the contribution is not a function of wages,
or any other employee benefits.
Sec. 44. Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision to read:
Subd. 7f. Shared
services under the budget model. (a)
A participant who intends to elect shared services under the budget model, or
the participant's representative, must include a statement of this intention in
the CFSS service delivery plan, must develop a plan for shared services when
developing or amending the CFSS service delivery plan, and must follow the CFSS
process for approval of the plan as required under subdivision 6.
(b) The commissioner
shall authorize shared services arrangements if the commissioner determines
that a shared services arrangement is appropriate to meet all the participants'
needs and sufficient to maintain the participants' health and safety. The commissioner must include a decision
regarding authorization of shared services during the process of authorizing
CFSS under subdivision 8. The
commissioner must not reduce the total authorized dollar amount available to a
participant who elects to receive shared services.
(c) The participants, or
participants' representatives as needed, who elect to share services under the
budget model must jointly develop a shared services agreement with the support
of the participants' representatives as needed.
Any participant or any participant's representative may at any time
withdraw from participating in a shared services agreement.
(d) The commissioner
must develop and publish recommendations for negotiating wages for support
workers providing shared services under the budget model.
Sec. 45. Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision to read:
Subd. 7g. Pass-through
for shared services under the budget model.
For shared services provided under the budget model, participant
employers must pay the individual provider support worker providing the shared
services a percentage of the minimum wage specified in the agreement negotiated
under chapter 179A, as made applicable to individual providers under section
179A.54, that is in effect at the time the services are provided. The required percentages are specified in
clauses (1) and (2):
(1) for shared services
provided by an individual provider support worker to two participant employers,
the two participant employers must collectively pay the individual provider
support worker at least 150 percent of the applicable minimum wage; and
(2) for shared services
provided by an individual provider support worker to three participant
employers, the three participant employers must collectively pay the individual
support worker at least 200 percent of the applicable minimum wage.
Subdivision 1. Scope. For the purposes of this section and
sections 256B.85 and 256B.851, the terms in this section have the meanings
given.
Subd. 2. Additional revenue for shared services. "Additional revenue for shared services" means the difference between the rate paid to an agency-provider for serving a single participant and the sum of the rates paid to an agency-provider for shared services provided to more than one recipient.
Subd. 3. Individual
provider support worker. "Individual
provider support worker" means a support worker who is an individual
provider as defined in section 256B.0711, subdivision 1.
Subd. 4. Wages
and wage-related costs. "Wages
and wage-related costs" means increased wages and any corresponding
increase in the employer's or participant employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, workers' compensation
premiums, and contributions to employee retirement accounts when the
contribution is a function of wages.
Sec. 47. [256R.60]
NURSING FACILITY WORKFORCE WAGE SUPPLEMENT PROGRAM.
Subdivision 1. Program
established. The commissioner
must establish a program to provide supplemental wage payments to nursing home
employees as provided in this section.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b)
"Commissioner" means the commissioner of human services.
(c) "Covered
employee" means a nursing home worker, as defined in section 181.211,
subdivision 9, who worked at least 260 hours for a covered employer between
January 1, 2026, and June 30, 2026.
(d) "Covered
employer" means a nursing home employer as defined in section 181.211,
subdivision 8.
Subd. 3. Eligibility
for supplemental wage payments. (a)
A covered employee is eligible to receive a onetime payment of up to $400 if,
during the period from January 1, 2026, to June 30, 2026, the employee was:
(1) in a position
impacted by the January 1, 2026, wage standards described by Minnesota Rules,
parts 5200.2060 to 5200.2090; and
(2) paid at an hourly
wage that was less than the applicable January 1, 2026, wage standards
described by Minnesota Rules, parts 5200.2060 to 5200.2090.
(b) A covered employee
who does not meet the criteria in paragraph (a) is eligible to receive a
onetime payment of up to $200.
(c) If appropriations
are not sufficient to provide the maximum payment amount for all approved
applications, the commissioner must first ensure payments are distributed in an
equal amount, up to $400, to all approved applicants meeting the criteria in paragraph
(a).
(d) If additional
funding exists after making payments under paragraph (c), the commissioner must
use the additional funding available to distribute payments in an equal amount,
up to $200, to all covered employees not meeting the criteria in paragraph (a).
Subd. 4. Employee
and wage reporting by covered employees.
(a) A covered employer must, by July 31, 2026, provide the
commissioner with wage and hour data for the January 1, 2026, to June 30, 2026,
period for each covered employee in a form and manner determined by the
commissioner.
(b) The commissioner may
request additional information from covered employers to validate the data
provided under paragraph (a). A covered
employer must respond to requests from the commissioner under this paragraph.
(c) A covered employer
that fails to comply with this subdivision may be subject to payment reduction
under section 256R.09, subdivision 4.
Subd. 5. Application
and payment processes. (a) As
soon as practicable after final enactment of this act, the commissioner must
establish a process for accepting applications for payments under this section
and begin accepting applications.
(b) The commissioner
must:
(1) establish a
multilingual temporary help line for applicants; and
(2) offer multilingual
applications and multilingual instructions.
(c) To qualify for a
payment under this section, a covered employee must submit an application in a
form and manner determined by the commissioner.
As part of the application, an applicant must certify to the
commissioner that the applicant is a covered employee and is eligible for
payment under this section.
(d) The commissioner may
contract with a third party to implement part or all of the application and
payment processes required under this section.
(e) The commissioner's
determination of eligibility for payments and amounts is final and is not
subject to appeal.
(f) No later than 15 days
after the application period is opened under this subdivision, covered
employers must provide notice, in a form and manner approved by the
commissioner, advising all current employees who may be eligible for payments
under this section of the assistance potentially available to them and how to
apply for benefits. A covered employer
must provide notice using the same means the covered employer uses to provide
other work‑related notices to employees.
(g) Notice provided under
paragraph (f) must be at least as conspicuous as:
(1) posting a copy of the
notice at each work site where employees work and where the notice may be
readily observed and reviewed by all employees working at the site; or
(2) providing a paper or
electronic copy of the notice to all employees.
Subd. 6. Audits
and recoupment. (a) The
commissioner may perform an audit under this section up to six years after a
payment is awarded to ensure that:
(1) the covered employee
was eligible to receive payment under this section; and
(2) the covered employee
received payments only in the amount permitted under this section.
(b) If the commissioner
determines that a covered employee received payments not in compliance with
this section, the commissioner must attempt to recoup the payment.
Subd. 7. Payments
not to be considered income. (a)
Notwithstanding any law to the contrary, payments provided under this section
must not be considered income, assets, or personal property for purposes of
determining eligibility or recertifying eligibility for:
(1) child care
assistance programs under chapter 142E;
(2) general assistance
and Minnesota supplemental aid under chapter 256D;
(3) food support under
chapter 142F;
(4) housing support
under chapter 256I;
(5) the Minnesota family
investment program and diversionary work program under chapter 142G; and
(6) economic assistance
programs under chapter 256P.
(b) The commissioner
must not consider grant awards under this section as income or assets under
section 256B.056, subdivision 1a, paragraph (a); 3; or 3c, or for persons with
eligibility determined under section 256B.057, subdivision 3, 3a, 3b, 4, or 9.
Subd. 8. Expiration. This section expires June 30, 2028.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 48. Minnesota Statutes 2024, section 256S.15, is amended by adding a subdivision to read:
Subd. 3. Billing
limits. (a) Effective January
1, 2027, or upon federal approval, whichever is later, billable unit maximums
are established for the following services authorized under section 256B.0913
and this chapter:
(1) for adult companion
services, a maximum of six hours per day per recipient and a maximum of 936
hours annually per recipient;
(2) for chore services,
a maximum of 24 units per week per recipient, where a unit is defined as a
15-minute increment;
(3) for homemaker
services, cleaning and home management may be provided for a maximum of 16
hours combined per week per recipient;
(4) for personal
emergency response system services, a maximum of one unit per month per
recipient; and
(5) for waiver
transportation, a maximum of 28 one-way trips per week per participant.
(b) The limits in this
subdivision do not limit a person's use of other waiver services. Billing limits under this subdivision apply
only to the individual service listed and do not prohibit the recipient from
accessing other services for which they are eligible on the same day, week, or
month, subject to other applicable requirements.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Subd. 4. Documentation
of staffing; auditing and rate review for residential support services. (a) For purposes of this subdivision,
residential support services include 24-hour customized living services,
customized living services, family adult foster care, and corporate adult
foster care.
(b) Effective January 1,
2029, a provider enrolled to provide residential support services under this
subdivision must maintain documentation of direct staffing hours provided to
each person receiving services, including but not limited to documentation identifying:
(1) the name, role, and
unique identifier for each staff person who provided services to match records
to payroll, time and attendance systems, and any other source documentation;
(2) the date services
were provided;
(3) the total number of
hours of direct support provided;
(4) awake overnight
staffing hours provided, if applicable;
(5) asleep overnight
staffing hours provided, if applicable; and
(6) any other staffing
information required by the commissioner.
(c) A provider must
maintain documentation in a manner and format determined by the commissioner
for at least six years. If a provider
changes payroll vendors, merges operations, or changes staffing identifiers,
the provider must maintain a documented link between prior and current staffing
identifiers sufficient to allow tracking of hours worked, turnover, and role
classification for each staff person.
(d) A provider must
submit the documentation required under paragraph (b) to the commissioner
annually, in a manner and format determined by the commissioner. The commissioner must establish multiple
submission windows throughout the calendar year and may assign providers to a
submission window for administrative efficiency and system capacity. Documentation must reflect staffing provided
during the prior calendar year and must be submitted no later than the final
business day of the provider's assigned submission window. The commissioner may conduct random or
targeted validations and audits of submitted data and may require supplemental
documentation as necessary to verify accuracy and compliance.
(e) The commissioner must
conduct periodic analysis of documentation submitted under this subdivision and
may validate staffing data through random audits or other verification methods.
(f) Based on the analysis
under paragraph (e), the commissioner may provide recommendations to lead
agencies regarding modifications to the rate of the person receiving services,
including increases or decreases necessary to align the rate with staffing provided
to the person as demonstrated by the submitted historical staffing
documentation. Recommendations must be
based on the requirements of this section and applicable federal and state
requirements governing rate setting.
(g) If a provider fails
to submit documentation requested within the submission window under paragraph
(d), the commissioner must issue a written notice of noncompliance. If documentation is not received within 60
days following the notice of noncompliance, the commissioner may temporarily
suspend payments to the provider until the required documentation is submitted. The commissioner must make withheld payments
to the provider once the required documentation is received. If the noncompliance persists, the
commissioner may adjust future rate payments, require the provider to submit a
corrective action plan, or pursue other enforcement actions as authorized by
law.
(h)
The commissioner must publish annual aggregate reports summarizing audit
findings and trends related to staffing provided under this section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 50. Minnesota Statutes 2024, section 256S.21, is amended by adding a subdivision to read:
Subd. 5. Administrative
fees charged by providers or vendors.
The commissioner must limit administrative fees charged by
enrolled providers or vendors approved by lead agencies to no more than six
percent of the total cost of the service or purchased goods. This limit applies to the following services
but allows for the addition of other services determined by the commissioner:
(1) chore services
billed daily;
(2) transitional
services; and
(3) transportation.
EFFECTIVE DATE. This
section is effective January 1, 2027.
Sec. 51. Laws 2021, First Special Session chapter 7, article 13, section 73, as amended by Laws 2025, First Special Session chapter 9, article 2, section 56, is amended to read:
Sec. 73. WAIVER
REIMAGINE PHASE II.
(a) Effective January 1, 2027, or upon federal approval, whichever is later, the commissioner of human services must implement a two-home and community-based services waiver program structure, as authorized under section 1915(c) of the federal Social Security Act, that serves persons who are determined by a certified assessor to require the levels of care provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate care facility for persons with developmental disabilities.
(b) The commissioner of human services must implement an individualized budget methodology, as authorized under section 1915(c) of the federal Social Security Act, that serves persons who are determined by a certified assessor to require the levels of care provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate care facility for persons with developmental disabilities.
(c) The commissioner must develop an individualized budget methodology exception to support access to self‑directed home care nursing services. Lead agencies must submit budget exception requests to the commissioner in a manner identified by the commissioner. Eligibility for the budget exception in this paragraph is limited to persons meeting all of the following criteria in the person's most recent assessment:
(1) the person is assessed to need the level of care delivered in a hospital setting as evidenced by the submission of the Department of Human Services form 7096, primary medical provider's documentation of medical monitoring and treatment needs;
(2) the person is assessed to receive a support range budget of E or H; and
(3) the person does not receive community residential services, family residential services, integrated community supports services, or customized living services.
(e) The commissioner of human services may seek all federal authority necessary to implement this section.
(f) The commissioner must ensure that the new waiver service menu and individual budgets allow people to live in their own home, family home, or any home and community-based setting of their choice. The commissioner must ensure, within available resources and subject to state and federal regulations and law, that waiver reimagine does not result in unintended service disruptions.
(g) No later than July
1, 2026, The commissioner must:
(1) develop and implement an online support planning and tracking tool to provide information in an accessible format to support informed choice for people using disability waiver services that allows access to the total budget available to a person, the services for which they are eligible, and the services they have chosen and used. This information must be provided to persons currently using disability waiver services at least 12 months prior to the date their services will be subjected to the budget;
(2) explore operability options that facilitate real-time tracking of a person's remaining available budget throughout the service year; and
(3) seek input from people with disabilities about the online support planning and tracking tool prior to the tool's implementation.
(h) The commissioner
must establish a phased approach to implementing the two-waiver program
structure. The commissioner must consult
with the Olmstead Implementation Office prior to seeking federal approval to
ensure the phased approach promotes community integration and continuity of
care.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 52. Laws 2026, chapter 95, article 4, section 2, is amended to read:
Sec. 2. Minnesota Statutes 2024, section 245A.03, is amended by adding a subdivision to read:
Subd. 7c. Licensing moratorium exceptions. (a) The commissioner may approve exceptions to the foster care and community residential settings moratoria described under subdivision 7b as provided in this subdivision.
(b) When approving an exception under this subdivision to the foster care or community residential setting moratorium described in subdivision 7b, the commissioner shall consider the resource need determination process in subdivision 7d, the availability of foster care licensed beds in the geographic area in which the licensee seeks to operate, the results of the person's choices during the person's annual assessment and service plan review, and the recommendation of the local county board. The determination by the commissioner is final and not subject to appeal.
(1) a license for a person in a foster care setting that is not the primary residence of the license holder and where at least 80 percent of the residents are 55 years of age or older;
(2) new foster care
licenses or community residential setting licenses determined to be needed by
the commissioner under subdivision 7d for the closure of a nursing facility, an
intermediate care facility for individuals with developmental disabilities, or
regional treatment center; restructuring of state-operated services that limits
the capacity of state-operated facilities; or movement to the community of
people who no longer require the level of care provided in state-operated
facilities as provided under section 256B.092, subdivision 13, or 256B.49,
subdivision 24; and
(3) new foster care
licenses or community residential setting licenses determined to be needed by
the commissioner under subdivision 7d for persons requiring hospital-level care.;
and
(4) new foster care
licenses or community residential setting licenses for people receiving
customized living or 24-hour customized living services under the brain injury
or community access for disability inclusion waiver plans under section 256B.49
and residing in the customized living setting before July 1, 2026, for which a
license is required. A customized living
service provider subject to this exception may rebut the presumption that a
license is required by seeking a reconsideration of the commissioner's
determination. The commissioner's
disposition of a request for reconsideration is final and not subject to appeal
under chapter 14. The exception is
available until June 30, 2027. This
exception is available when:
(i) the person's
customized living services are provided in a customized living service setting
serving four or fewer people under the brain injury or community access for
disability inclusion waiver plans under section 256B.49 in a single-family home
operational on or before June 30, 2026. For
purposes of this clause, "operational" has the meaning given in
section 256B.49, subdivision 28;
(ii) the person's case
manager provided the person with information about the choice of service,
service provider, and location of service, including in the person's home, to
help the person make an informed choice; and
(iii) the person's
services provided in the licensed foster care or community residential setting
are less than or equal to the cost of the person's services delivered in the
customized living setting as determined by the lead agency.
Sec. 53. WAIVER
CASE MANAGEMENT ADVISORY WORKING GROUP.
Subdivision 1. Establishment;
purpose. The commissioner of
human services shall convene a waiver case management advisory working group. The purpose of the working group is to
evaluate and make recommendations regarding the quality, workforce
sustainability, accountability, and long-term stability of home and
community-based waiver case management services provided under Minnesota
Statutes, sections 256B.0913, 256B.092, 256B.0922, and 256B.49, and chapter
256S.
Subd. 2. Membership. The commissioner shall appoint members
representing diverse geographic regions of the state, including metropolitan
and greater Minnesota areas, with at least 30 percent of the members living or
working outside the seven-county metropolitan area and including:
(1) representatives of
the Department of Human Services;
(2) lead agencies, as
defined in Minnesota Statutes, section 256B.0911, subdivision 10;
(3) contracted waiver
case management providers;
(4)
waiver case managers with current direct service responsibilities;
(5) individuals
receiving waiver services or their family members or advocates;
(6) representatives of
disability advocacy organizations;
(7) representatives of
the Minnesota Disability Law Center;
(8) representatives of
culturally specific or Tribal communities; and
(9) workforce
representatives with experience in human services.
Subd. 3. Compensation;
expenses. Members of the
working group may receive compensation and expense reimbursement as provided in
Minnesota Statutes, section 15.059, subdivision 3.
Subd. 4. Meetings;
administrative support. (a)
The first meeting of the working group must be convened no later than August 1,
2026. The working group must meet at
least monthly. Meetings are subject to
Minnesota Statutes, chapter 13D. The
working group may meet by telephone or interactive technology consistent with
Minnesota Statutes, section 13D.015.
(b) The Department of
Human Services shall provide staff and administrative support to convene the
working group, facilitate working group meetings, and prepare the final report.
Subd. 5. Duties. The working group shall:
(1) evaluate the impact
of current funding levels, workforce capacity, administrative requirements, and
caseload expectations on service delivery and quality outcomes;
(2) examine
accountability and oversight mechanisms and grievance processes across delivery
models;
(3) review available
data related to workforce vacancies, turnover, compensation, and service
access;
(4) identify barriers to
maintaining high-quality and culturally responsive case management services;
(5) examine case
management training requirements and core competencies;
(6) evaluate client
transfer and service continuity processes; and
(7) develop
recommendations, including potential legislative or administrative changes, to
ensure a stable, accountable, and high-quality waiver case management system
that supports person-centered planning and informed choice.
Subd. 6. Report. By September 1, 2027, the commissioner
shall submit a report summarizing the working group's findings and
recommendations to the chairs and ranking minority members of the legislative
committees with jurisdiction over human services policy and finance.
Subd. 7. Expiration. The working group expires upon
submission of the report required under subdivision 6.
EFFECTIVE DATE. This
section is effective July 1, 2026.
(a) The commissioner of
human services must evaluate reimbursement rates and lead agency duties
associated with home and community-based services (HCBS) case management under
Minnesota Statutes, sections 256B.092 and 256B.49, and chapter 256S. The commissioner must develop an updated
payment methodology for waiver case management that reasonably covers the cost
to provide high-quality, person-centered, and culturally responsive case
management services. The report must, at
a minimum, include:
(1) an evaluation of
costs and workforce pressures that impact the delivery of case management
services;
(2) an evaluation of
costs to provide culturally responsive case management services;
(3) an evaluation of
current reimbursement rates, methodologies, and the extent to which rates cover
costs to provide services and attract and retain case managers;
(4) an evaluation of
current caseload sizes and recommended best practices for caseload and case
mix;
(5) identification and
evaluation of the required professional qualifications, experience, and
training of case management professionals; and
(6) recommended HCBS
waiver rate methodology, specified cost components, weighted values, and
modeled rate frameworks.
(b) The commissioner
must consult with interested parties, including but not limited to lead
agencies, contracted case management services providers, individuals receiving
services and their families, advocacy organizations, and relevant experts. The commissioner must consider the
recommendations of the waiver case management advisory working group under
section 53 when developing recommendations under this section.
(c) The commissioner may
contract with rate experts to develop and model recommended rates.
(d) By December 15,
2028, the commissioner of human services must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
health and human services with the findings and recommendations of the evaluation.
EFFECTIVE DATE. This
section is effective July 1, 2027.
Sec. 55. INTEGRATED
COMMUNITY SUPPORTS REFORM STUDY.
Subdivision 1. Review
and evaluation. (a) The
commissioner of human services must review the medical assistance integrated
community supports (ICS) service provided under the home and community-based
waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49, and
evaluate the need for statutory, regulatory, and programmatic reforms. At a minimum, the evaluation must include:
(1) an examination of
current provider standards, service delivery models, and oversight mechanisms
applicable to ICS providers;
(2) an assessment of the
effectiveness of ICS in supporting individuals to live independently in
community settings, including outcomes related to service utilization and
health and safety;
(3) a
review of payment methodologies, including rate structures, administrative
components, and alignment with federal Medicaid requirements under home and
community-based services waivers and state plan authorities;
(4) an environmental
scan of comparable supportive housing and community-based service models in
other states, including best practices for program integrity, quality
assurance, and service coordination;
(5) an assessment of
program integrity risks, including billing practices and service verification;
and
(6) identification of
opportunities to improve coordination between ICS providers and lead agencies.
(b) The commissioner may
hire a third-party contractor to perform activities necessary to complete the
evaluation. Any contract with a
contractor under this section is not subject to the statewide contracting
provisions under Minnesota Statutes, sections 16C.05, subdivisions 1 to 4, and
16C.06.
Subd. 2. Community
consultation. The
commissioner must consult with the community in conducting the review under
this section. The community must
include, at a minimum:
(1) individuals who
receive ICS services and self-advocates;
(2) family members and
caregivers of individuals who receive ICS services;
(3) ICS providers;
(4) counties and Tribal
Nations serving as lead agencies; and
(5) advocacy
organizations representing people with disabilities.
Subd. 3. Reports. (a) The commissioner must develop
recommendations for legislative and administrative changes to strengthen the
ICS program. Recommendations may include
but are not limited to:
(1) establishing
risk-based provider oversight and program integrity requirements;
(2) clarifying allowable
services and service limits consistent with federal Medicaid requirements,
including prohibitions on payment for room and board;
(3) improving service
verification, documentation, and accountability measures;
(4) enhancing recipient protections, including person-centered planning and grievance processes;
(5) aligning ICS with
home and community-based services settings requirements under Code of Federal
Regulations, title 42, section 441.301; and
(6) modifications to the
ICS rate methodology.
(b) The commissioner
must submit an initial report to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy
and finance by March 1, 2027, and a final report by January 1, 2028. The reports must include findings, community
feedback, and specific legislative proposals related to ICS reform.
(a) The commissioner of
human services must conduct a market rate study to evaluate the adequacy,
sustainability, and equity of payment rates for specific home and
community-based services under the home and community-based services waivers
authorized under Minnesota Statutes, sections 256B.092 and 256B.49.
(b) The study must
include, at minimum, an analysis of the following services:
(1) employment support
services delivered in remote or virtual settings;
(2) 24-hour emergency
assistance;
(3) assistive
technology;
(4) environmental
accessibility adaptations;
(5) chore services;
(6) transitional
services;
(7) independent living
skills training; and
(8) specialist services,
including positive support services and orientation and mobility services.
(c) In planning and
conducting the market rate study, the commissioner must consult with interested
parties, including but not limited to service providers, people with
disabilities, lead agencies, Tribal Nations, culturally specific and
community-based providers, and disability advocacy organizations. The consultation process must be designed to
ensure meaningful participation from providers in greater Minnesota and from
providers serving communities of color and Tribal Nations.
(d) In conducting the
study, the commissioner must analyze provider costs, workforce availability,
wage competitiveness, regional market conditions, inflationary impacts, and
access issues. The commissioner must
also evaluate whether current reimbursement methodologies reflect actual costs
of providing services and support long-term access to qualified providers.
(e) By February 15,
2027, the commissioner must submit a report with findings and recommendations,
including but not limited to any proposed statutory changes, to the chairs and
ranking minority members of the legislative committees with jurisdiction over
health and human services policy and finance.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 57. MNCHOICES
REDESIGN WORKING GROUP.
Subdivision 1. Establishment. The commissioner of human services shall convene a MnCHOICES redesign working group to develop recommendations related to state provision of MnCHOICES assessments under Minnesota Statutes, section 256B.0911, subdivision 14, paragraph (g).
Subd. 2. Membership. At a minimum, the working group must
include the following members:
(1) two individuals
receiving waiver services or the individuals' family members or advocates,
appointed by the commissioner in consultation with organizations representing
individuals with lived experience of disability and waiver services;
(2) three county
representatives, appointed by the Minnesota Association of County Social
Service Administrators, including:
(i) at least one
representative of a lead agency located in a metropolitan county, as defined in
Minnesota Statutes, section 473.121, subdivision 4; and
(ii) at least two
representatives of lead agencies located outside of a metropolitan county, as
defined in Minnesota Statutes, section 473.121, subdivision 4;
(3) one staff member
from the Minnesota Social Service Association, appointed by the Minnesota
Social Service Association;
(4) at least three
representatives from Tribal Nations, appointed by the commissioner;
(5) two representatives
of disability advocacy organizations, appointed by the commissioner; and
(6) additional nonvoting
participants as determined by the commissioner, which may include staff from
the Department of Human Services and other interested parties.
Subd. 3. Duties. The working group shall make recommendations to shift the responsibility and administration of conducting MnCHOICES assessments to the state. Recommendations must include:
(1) defined roles and
responsibilities between county, Tribal Nation, and state functions;
(2) revised payment
methodologies and financing of duties;
(3) efficient workflows
between local and state functions;
(4) service continuity
for people seeking and receiving long-term services and supports; and
(5) methods for
gathering public feedback and providing public awareness.
Subd. 4. Terms,
compensation, and removal. The
terms, compensation, and removal of the working group members are governed by
Minnesota Statutes, section 15.059.
Subd. 5. Meetings;
administrative support. (a)
The first meeting of the working group must be convened no later than August 1,
2026. The working group must meet at
least monthly. The working group may
meet by telephone or interactive technology consistent with Minnesota Statutes,
section 13D.015.
(b) The Department of
Human Services shall provide staff and administrative support to convene the
working group, facilitate working group meetings, and prepare the final report.
Subd. 6. Report. By September 1, 2027, the commissioner
must submit a report of the working group's findings and recommendations,
including but not limited to any legislative changes necessary to implement the
recommendations, to the chairs and ranking minority members of the legislative
committees with jurisdiction over human services policy and finance.
Subd. 7. Expiration. The working group expires upon
submission of the report required under subdivision 6.
Sec. 58. DIRECTION
TO COMMISSIONER; ENVIRONMENTAL ACCESSIBILITY ADAPTATIONS FOR HOMES.
By October 1, 2026, the
commissioner of human services must submit to the Centers for Medicare and
Medicaid Services waiver plan amendments for the brain injury, community access
for disability inclusion, community alternative care, and developmental disabilities
1915(c) waivers to implement the following reforms to environmental
accessibility adaptations for homes:
(1) separate the
treatment of home modifications from the treatment of vehicle modifications;
(2) replace the existing
$40,000 annual limit for home modifications with a $40,000 three-year limit;
(3) replace the existing
provisions that permit a two-year limit of $80,000 to be authorized during a
two-year period with provisions permitting a six-year limit of $80,000 to be
authorized in a five-year period;
(4) limit permissible
authorizations for home modifications to only modifications meeting an assessed
need that cannot be met in a less costly way in the person's current home;
(5) limit the number of
similar or duplicative home modifications to modifications that are necessary
for the health and safety of the person; and
(6) establish caps on the
number, size, and cost of common home modifications.
Sec. 59. DIRECTION
TO COMMISSIONER; ENVIRONMENTAL ACCESSIBILITY ADAPTATIONS FOR VEHICLES.
(a) By October 1, 2026,
the commissioner of human services must submit to the Centers for Medicare and
Medicaid Services waiver plan amendments for the brain injury, community access
for disability inclusion, community alternative care, and developmental
disabilities 1915(c) waivers to implement the following reforms to
environmental accessibility adaptations for vehicles:
(1) separate the
treatment of vehicle modifications from the treatment of home modifications;
(2) replace the existing
$40,000 annual limit for vehicle modifications with a $40,000 five-year limit;
and
(3) permit multiple
authorizations for vehicle modifications in a five-year period when a vehicle
is sold, provided that subsequent authorizations are limited to:
(i) for a purchased
adapted vehicle, the portion of the original purchase cost attributable to the
vehicle modifications minus the book value of the purchase price attributable
to the vehicle modifications; or
(ii) for vehicle modifications, the original purchase and installation cost of the modifications minus the book value of the modifications.
(b) For purposes of this
section, "book value" means the original cost minus the product of 20
percent of the original cost multiplied by the number of years during which the
adapted vehicle was used by the person.
The commissioner of
human services must develop systems and capacity to comply with the
requirements of the federal access rule to improve access to care, quality and
health outcomes, and program integrity in medical assistance home and
community-based services. The initial
phase of implementation efforts for home and community-based services must
include:
(1) updating critical
incident oversight by implementing a system to track trends, resolution of
incidents, and other information to enhance protections and improve outcomes
for recipients;
(2) establishing a home and community-based services grievance procedure and work unit to accept, investigate, and resolve grievances for home and community-based service recipients related to service providers, lead agencies, and the department;
(3) establishing an
advisory body for interested parties to advise on services, including direct
care workers, beneficiaries, authorized representatives, and other individuals
impacted by service rates;
(4) establishing an
advisory body for current and former beneficiaries, family members, and
caregivers to advise the commissioner on policy and program administration;
(5) publishing all
medical assistance fee-for-service fee schedule payment rates; and
(6) developing and
reporting on home and community-based service program integrity and quality
measures to demonstrate state outcomes on wait list times; access to certain
services, including the average time from eligibility determination to service
commencement; service utilization; and other quality metrics.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 61. REVISOR
INSTRUCTION.
(a) The revisor of
statutes shall renumber the definitions in Minnesota Statutes, section 256B.85,
subdivision 2, and the definitions in Minnesota Statutes, section 256B.851,
subdivision 2, as subdivisions in Minnesota Statutes, section 256B.8502, rearranging
the renumbered and existing definitions in Minnesota Statutes, section
256B.8502, as necessary to place them in alphabetical order. The revisor of statutes shall revise all
statutory cross-references consistent with this recoding.
(b) If a provision of
Minnesota Statutes, section 256B.85, subdivision 2, or 256B.851, subdivision 2,
is amended or repealed in the 2026 regular legislative session, the revisor of
statutes shall codify the amendment or repealer in Minnesota Statutes, section
256B.8502, notwithstanding any other law to the contrary.
Sec. 62. REPEALER.
(a) Minnesota Statutes
2024, section 256B.0911, subdivision 21, is repealed.
(b) Minnesota Statutes
2025 Supplement, section 256B.0911, subdivisions 24a and 25a, are repealed.
(c) Minnesota Statutes
2024, section 256B.0921, is repealed.
EFFECTIVE DATE. Paragraph
(a) is effective January 1, 2027. Paragraph
(b) is effective the day following final enactment.
ELECTRONIC VISIT VERIFICATION
Section 1. Minnesota Statutes 2025 Supplement, section 256B.0625, subdivision 17, is amended to read:
Subd. 17. Transportation costs. (a) "Nonemergency medical transportation service" means motor vehicle transportation provided by a public or private person that serves Minnesota health care program beneficiaries who do not require emergency ambulance service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
(b) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means a census-tract based classification system under which a geographical area is determined to be urban, rural, or super rural. This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
(c) Medical assistance covers medical transportation costs incurred solely for obtaining emergency medical care or transportation costs incurred by eligible persons in obtaining emergency or nonemergency medical care when paid directly to an ambulance company, nonemergency medical transportation company, or other recognized providers of transportation services. Medical transportation must be provided by:
(1) nonemergency medical transportation providers who meet the requirements of this subdivision;
(2) ambulances, as defined in section 144E.001, subdivision 2;
(3) taxicabs that meet the requirements of this subdivision;
(4) public transportation, within the meaning of "public transportation" as defined in section 174.22, subdivision 7; or
(5) not-for-hire vehicles, including volunteer drivers, as defined in
section 65B.472, subdivision 1, paragraph (p).
(d) Medical assistance
covers nonemergency medical transportation provided by nonemergency medical
transportation providers enrolled in the Minnesota health care programs. All nonemergency medical transportation
providers must comply with the operating standards for special transportation
service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter
8840, and all drivers must be individually enrolled with the commissioner and
reported on the claim as the individual who provided the service. All nonemergency medical transportation
providers shall bill for nonemergency medical transportation services in
accordance with Minnesota health care programs criteria. Publicly operated transit systems,
volunteers, and not-for-hire vehicles are exempt from the requirements outlined
in this paragraph. This paragraph
expires upon the effective date of paragraph (e).
(e) Effective January 1,
2027, or upon federal approval, whichever is later, medical assistance covers
nonemergency medical transportation provided by nonemergency medical
transportation providers enrolled in the Minnesota health care programs. All nonemergency medical transportation
providers must comply with the operating standards for special transportation
service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter
8840, and all drivers must be individually enrolled with the commissioner and
reported on the claim as the individual who provided the service. All nonemergency medical transportation
providers must bill for nonemergency medical transportation services in
accordance with Minnesota health care programs criteria and comply with the
requirements under section 256B.073. Publicly
operated transit systems, volunteers, and not‑for‑hire vehicles are exempt from
the requirements in this paragraph.
(f) An organization may be terminated, denied, or suspended from
enrollment if:
(e)
(1) the provider has not initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
(2) the provider has initiated background studies on the individuals specified in section 174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
(i) the commissioner has sent the provider a notice that the individual has been disqualified under section 245C.14; and
(ii) the individual has not received a disqualification set-aside specific to the special transportation services provider under sections 245C.22 and 245C.23.
(f) (g) The
administrative agency of nonemergency medical transportation must:
(1) adhere to the policies defined by the commissioner;
(2) pay nonemergency medical transportation providers for services provided to Minnesota health care programs beneficiaries to obtain covered medical services;
(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled trips, and number of trips by mode; and
(4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single administrative structure assessment tool that meets the technical requirements established by the commissioner, reconciles trip information with claims being submitted by providers, and ensures prompt payment for nonemergency medical transportation services. This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
(g) (h)
Effective July 1, 2026, for medical fee-for-service and January 1, 2027, for
prepaid medical assistance, the administrative agency of nonemergency medical
transportation must:
(1) adhere to the policies defined by the commissioner;
(2) pay nonemergency medical transportation providers for services provided to Minnesota health care program beneficiaries to obtain covered medical services; and
(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled trips, and number of trips by mode.
(h) (i) Until
the commissioner implements the single administrative structure and delivery
system under subdivision 18e, clients shall obtain their level-of-service
certificate from the commissioner or an entity approved by the commissioner
that does not dispatch rides for clients using modes of transportation under
paragraph (n) (o), clauses (4), (5), (6), and (7). This paragraph expires July 1, 2026, for
medical assistance fee-for-service and January 1, 2027, for prepaid
medical assistance.
(i) (j) The
commissioner may use an order by the recipient's attending physician, advanced
practice registered nurse, physician assistant, or a medical or mental health
professional to certify that the recipient requires nonemergency medical
transportation services. Nonemergency
medical transportation providers shall perform driver-assisted services for
eligible individuals, when appropriate. Driver-assisted
service includes passenger pickup
(j) (k)
Nonemergency medical transportation providers must take clients to the health
care provider using the most direct route, and must not exceed 30 miles for a
trip to a primary care provider or 60 miles for a trip to a specialty care
provider, unless the client receives authorization from the local agency. This paragraph expires July 1, 2026, for
medical assistance fee-for-service and January 1, 2027, for prepaid medical
assistance.
(k) (l)
Effective July 1, 2026, for medical assistance fee-for-service and January 1,
2027, for prepaid medical assistance, nonemergency medical transportation
providers must take clients to the health care provider using the most direct
route and must not exceed 30 miles for a trip to a primary care provider or 60
miles for a trip to a specialty care provider, unless the client receives
authorization from the administrator.
(l) (m)
Nonemergency medical transportation providers may not bill for separate base
rates for the continuation of a trip beyond the original destination. Nonemergency medical transportation providers
must maintain trip logs, which include pickup and drop-off times, signed by the
medical provider or client, whichever is deemed most appropriate, attesting to
mileage traveled to obtain covered medical services. Clients requesting client mileage
reimbursement must sign the trip log attesting mileage traveled to obtain
covered medical services.
(m) (n) The
administrative agency shall use the level of service process established by the
commissioner to determine the client's most appropriate mode of transportation. If public transit or a certified
transportation provider is not available to provide the appropriate service
mode for the client, the client may receive a onetime service upgrade.
(n) (o) The
covered modes of transportation are:
(1) client reimbursement, which includes client mileage reimbursement provided to clients who have their own transportation, or to family or an acquaintance who provides transportation to the client;
(2) volunteer transport, which includes transportation by volunteers using their own vehicle;
(3) unassisted transport, which includes transportation provided to a client by a taxicab or public transit. If a taxicab or public transit is not available, the client can receive transportation from another nonemergency medical transportation provider;
(4) assisted transport, which includes transport provided to clients who require assistance by a nonemergency medical transportation provider;
(5) lift-equipped/ramp transport, which includes transport provided to a client who is dependent on a device and requires a nonemergency medical transportation provider with a vehicle containing a lift or ramp;
(6) protected transport, which includes transport provided to a client who has received a prescreening that has deemed other forms of transportation inappropriate and who requires a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety locks, a video recorder, and a transparent thermoplastic partition between the passenger and the vehicle driver; and (ii) who is certified as a protected transport provider; and
(7) stretcher transport, which includes transport for a client in a prone or supine position and requires a nonemergency medical transportation provider with a vehicle that can transport a client in a prone or supine position.
(p) The local agency shall be the single administrative agency and shall
administer and reimburse for modes defined in paragraph
(o)(n) (o)
according to paragraphs (r) (s) to (t) (u) when the
commissioner has developed, made available, and funded the web-based single
administrative structure, assessment tool, and level of need assessment under
subdivision 18e. The local agency's
financial obligation is limited to funds provided by the state or federal
government. This paragraph expires July
1, 2026, for medical assistance fee-for-service and January 1, 2027, for
prepaid medical assistance.
(p) (q) The
commissioner shall:
(1) verify that the mode and use of nonemergency medical transportation is appropriate;
(2) verify that the client is going to an approved medical appointment; and
(3) investigate all complaints and appeals.
(q) (r) The
administrative agency shall pay for the services provided in this subdivision
and seek reimbursement from the commissioner, if appropriate. As vendors of medical care, local agencies
are subject to the provisions in section 256B.041, the sanctions and monetary
recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to
9505.2245. This paragraph expires July
1, 2026, for medical assistance fee-for-service and January 1, 2027, for
prepaid medical assistance.
(r) (s)
Payments for nonemergency medical transportation must be paid based on the
client's assessed mode under paragraph (m) (n), not the type of
vehicle used to provide the service. The
medical assistance reimbursement rates for nonemergency medical transportation
services that are payable by or on behalf of the commissioner for nonemergency
medical transportation services are:
(1) $0.22 per mile for client reimbursement;
(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer transport;
(3) equivalent to the standard fare for unassisted transport when provided by public transit, and $12.10 for the base rate and $1.43 per mile when provided by a nonemergency medical transportation provider;
(4) $14.30 for the base rate and $1.43 per mile for assisted transport;
(5) $19.80 for the base rate and $1.70 per mile for lift-equipped/ramp transport;
(6) $75 for the base rate and $2.40 per mile for protected transport; and
(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for an additional attendant if deemed medically necessary. This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
(s) (t)
Effective July 1, 2026, for medical assistance fee-for-service and January 1,
2027, for prepaid medical assistance, payments for nonemergency medical
transportation must be paid based on the client's assessed mode under paragraph
(m) (n), not the type of vehicle used to provide the service.
(t) (u) The
base rate for nonemergency medical transportation services in areas defined
under RUCA to be super rural is equal to 111.3 percent of the respective base
rate in paragraph (r) (s), clauses (1) to (7). The mileage rate for nonemergency medical
transportation services in areas defined under RUCA to be rural or super rural
areas is:
(1) for a trip equal to 17
miles or less, equal to 125 percent of the respective mileage rate in paragraph
(r) (s), clauses (1) to (7); and
(u) (v) For
purposes of reimbursement rates for nonemergency medical transportation
services under paragraphs (r) (s) to (t) (u), the
zip code of the recipient's place of residence shall determine whether the
urban, rural, or super rural reimbursement rate applies. This paragraph expires July 1, 2026, for
medical assistance fee-for-service and January 1, 2027, for prepaid medical
assistance.
(v) (w) The
commissioner, when determining reimbursement rates for nonemergency medical
transportation, shall exempt all modes of transportation listed under paragraph
(n) (o) from Minnesota Rules, part 9505.0445, item R, subitem
(2).
(w) (x)
Effective for the first day of each calendar quarter in which the price of
gasoline as posted publicly by the United States Energy Information
Administration exceeds $3.00 per gallon, the commissioner shall adjust the rate
paid per mile in paragraph (r) (s) by one percent up or down for
every increase or decrease of ten cents for the price of gasoline. The increase or decrease must be calculated
using a base gasoline price of $3.00. The
percentage increase or decrease must be calculated using the average of the
most recently available price of all grades of gasoline for Minnesota as posted
publicly by the United States Energy Information Administration. This paragraph expires July 1, 2026, for
medical assistance fee-for-service and January 1, 2027, for prepaid medical
assistance.
Sec. 2. Minnesota Statutes 2024, section 256B.0625, subdivision 17b, is amended to read:
Subd. 17b. Documentation required. (a) As a condition for payment, nonemergency medical transportation providers must document each occurrence of a service provided to a recipient according to this subdivision. Providers must maintain records sufficient to distinguish individual trips with specific vehicles and drivers. The documentation may be collected and maintained using electronic systems or software or in paper form but must be made available and produced upon request. Program funds paid for transportation that is not documented according to this subdivision may be subject to recovery by the commissioner pursuant to section 256B.064.
(b) A nonemergency medical transportation provider must compile transportation trip records that are written in English and legible according to the standard of a reasonable person and that include each of the following elements:
(1) the recipient's name;
(2) the date or dates the service is provided, if different than the date the entry was made;
(3) either the printed name of the driver sufficient to distinguish the driver of service or the driver's provider number;
(4) the date and the signature of the driver attesting that the record accurately represents the services provided and the actual miles driven, and acknowledging that misreporting information that results in ineligible or excessive payments may result in civil or criminal action;
(5) the date and the signature of the recipient or authorized party attesting that transportation services were provided as indicated on the transportation trip record, or the signature of the medical services provider certifying that the recipient was transported to the medical services provider destination. In the event that both the medical services provider and the recipient or authorized party refuse or are unable to provide signatures, the driver must document on the transportation trip record that signatures were requested and not provided;
(7) the name or number of the mode of transportation in which the service is provided;
(8) the license plate number of the vehicle used to transport the recipient;
(9) the time of the recipient pickup;
(10) the time of the recipient drop-off;
(11) the odometer reading of the vehicle used to transport the recipient taken at the time of pickup;
(12) the odometer reading of the vehicle used to transport the recipient taken at the time of drop-off;
(13) the name of the extra attendant when an extra attendant is used to provide special transportation service; and
(14) the documentation indicating the method that was used to determine the most direct route.
(c) In determining whether the commissioner will seek recovery, the documentation requirements in this section apply retroactively to audit findings beginning January 1, 2020, and to all audit findings thereafter.
(d) Effective January 1,
2027, or upon federal approval, whichever is later, records that comply with
section 256B.073 may be used to meet the requirements under this subdivision if
all required elements are included in the record.
Sec. 3. Minnesota Statutes 2024, section 256B.073, subdivision 1, is amended to read:
Subdivision 1. Documentation;
establishment and operation. The
commissioner of human services shall establish implementation requirements
and standards for and maintain the requirements and standards for the
ongoing operation of electronic visit verification to comply with the 21st
Century Cures Act, Public Law 114-255. Within
available appropriations, the commissioner shall take steps to comply with the
electronic visit verification requirements in the 21st Century Cures Act,
Public Law 114-255.
Sec. 4. Minnesota Statutes 2024, section 256B.073, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For purposes of this section, the
terms in this subdivision have the meanings given them.
(b) "Data
aggregator" means the entity designated by the commissioner to collect,
store, and transmit electronic visit verification data from providers and
third-party systems to the commissioner in accordance with the standards and
requirements established under this section.
(b) (c) "Electronic
visit verification" or "EVV" means the electronic
documentation of the process required under this section and United
States Code, title 42, section 1396b(l), used to electronically verify the:
(1) type of service performed;
(2) individual receiving the service;
(3) date of the service;
(5) individual providing the service; and
(6) time the service begins and ends.
(d) "Electronic
visit verification data" means information collected through an electronic
visit verification system, including data elements required under United States
Code, title 42, section 1396b(l), and any additional data elements specified by
the commissioner under this section.
(c) (e) "Electronic
visit verification system" means a system that provides electronic
verification of services used to collect, verify, and transmit
electronic visit verification data to the commissioner or the commissioner's
designated data aggregator that complies with the 21st Century Cures Act,
Public Law 114-255, and the requirements of subdivision 3.
(f) "Electronic
visit verification vendor" means any entity that develops, provides, or
supports an electronic visit verification system, including the state-provided
vendor and any third-party vendor.
(g) "Financial
management services provider" means an entity enrolled with the
commissioner to provide financial management services under section 256B.85 or
other applicable law and responsible for fiscal, payroll, and reporting
functions on behalf of participant employers.
(h) "Home health
agency" means a home care provider agency that is Medicare certified under
Code of Federal Regulations, title 42, part 484, and licensed as a home care
provider under chapter 144A.
(i)
"Individual" means a person who receives services subject to
electronic visit verification under the medical assistance program.
(j) "Managed care
organization" means a public or private organization that contracts with
the commissioner under section 256B.69 or other applicable law to deliver
health care services to individuals eligible for medical assistance or MinnesotaCare.
(k) "Manual
visit" means a visit:
(1) entered
administratively and not by the caregiver at the time of service delivery; or
(2) where data elements
are edited after the time of service delivery.
(l) "Provider"
means an individual or organization that meets one or more of the following
conditions:
(1) is enrolled as a
Minnesota health care programs provider;
(2) provides services
through a managed care organization under contract with the commissioner under
section 256B.69;
(3) is a financial
management services provider; or
(4) is a participant
employer under section 256B.85, subdivision 7, or an employer of record that is
directing services under section 256B.49, subdivision 16.
(m) "Service" means one of the following:
(d)
(1) personal care assistance services as defined in section 256B.0625, subdivision 19a, and provided according to section 256B.0659;
(2) community first services and supports under section 256B.85;
(3) home health services
under section 256B.0625, subdivision 6a; or
(4) adult companion
services;
(5) adult day services;
(6) adult rehabilitative
mental health services;
(7) assertive community
treatment;
(8) early intensive
developmental and behavioral intervention;
(9) integrated community
supports;
(10) nonemergency
medical transportation services;
(11) recovery peer
support;
(12) home and
community-based services reimbursed at an hourly or specified minute-based rate
and provided according to a federally approved waiver plan as authorized under
chapter 256S or section 256B.0913, 256B.092, or 256B.49; or
(13) other medical supplies and equipment or home and community-based services that are required to be electronically verified by the 21st Century Cures Act, Public Law 114-255.
(n) "State-provided
electronic visit verification system" means the electronic visit
verification system made available by the commissioner to providers at no cost
for services subject to federal electronic visit verification requirements.
(o) "Third-party
electronic visit verification system" means an electronic visit
verification system purchased or operated by a provider or vendor other than
the state-provided system designated by the commissioner.
(p) "Verification
method" means the electronic process used to capture and verify visit
information, including telephone, fixed visit verification devices, or mobile
applications, as approved by the commissioner.
(q) "Visit"
means a single occurrence of service delivery subject to electronic visit
verification.
(r) "Worker"
means an individual who provides personal care assistance services, community
first services and supports, home health services, consumer-directed community
supports, or other services identified by the commissioner as subject to electronic
visit.
Subd. 3. Requirements. (a) In developing implementation
requirements for administering electronic visit verification, the
commissioner shall must ensure that the system and related
requirements:
(1) are minimally
administratively and financially burdensome to a provider reasonable
for providers of services;
(2) are minimally
burdensome support continued access to the services and
are designed to avoid disruption to service recipient and the least
disruptive to the service recipient in receiving and maintaining allowed
services delivery or receipt;
(3) consider existing best practices and use of electronic visit verification;
(4) are conducted according to all state and federal laws;
(5) are effective methods for preventing fraud when balanced against the requirements of clauses (1) and (2); and
(6) are consistent with the Department of Human Services' policies related to covered services, flexibility of service use, and quality assurance.
(b) The commissioner shall
must make training and guidance available to providers of
services on the electronic visit verification system requirements and
system use.
(c) The commissioner shall
must establish baseline measurements related to preventing fraud and
establish measures to determine the effect of electronic visit verification
requirements on program integrity.
(d) The commissioner shall
must make a state-selected state-provided electronic visit
verification system available to providers of services.
(e) The commissioner shall
must make available and publish on the agency website the name and
contact information for the vendor of the state-selected state-provided
electronic visit verification system and the other vendors that offer
alternative electronic visit verification systems. The information provided must state that the state-selected
state-provided electronic visit verification system is offered at no
cost to the provider of services and that the provider of services may
choose an alternative system that may be at a cost to the provider.
(f) The commissioner may
establish implementation dates and implementation schedules for system
functions subject to electronic visit verification under this section,
including but not limited to verification methods or technical requirements.
(g) The commissioner may waive the requirements under this section for any service component or setting when the application of electronic visit verification is contrary to paragraph (a).
Sec. 6. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision to read:
Subd. 4a. Electronic
visit verification system options. (a)
A provider of services must use an electronic visit verification system that
complies with the requirements established by the commissioner. A provider of services may use either the
state-provided system or a third-party system.
All systems used for compliance must provide data to the commissioner in
the format and with the frequency required by the commissioner.
(b) The commissioner
must make a state-provided electronic visit verification system available at no
cost to providers of services. The
commissioner must provide training on the system to all providers of services.
(c)
The commissioner must allow providers of services to utilize a third-party
electronic visit verification system that the commissioner determines meets the
requirements under this section.
(d) A provider of
services using a third-party electronic visit verification system that meets
all technical specifications and federal and state laws must:
(1) collect and submit
all data for each visit to the commissioner, including but not limited to
manual entries;
(2) maintain compliance
identified by the commissioner, including but not limited to incorporating into
the system any changes in data requirements that must be transmitted to the
commissioner; and
(3) integrate the system
with the data aggregator to accurately send data.
(e) The data aggregator
must be available at no cost to a provider of services for purposes of
transmitting electronic visit verification data from approved third-party
systems to the commissioner. Any costs
associated with the development and use of a third-party system are the
responsibility of the provider.
(f) If a provider is unable to integrate a third-party system with the data aggregator, the provider of services must use the state-provided electronic visit verification system.
(g) The commissioner
must provide training on reviewing and correcting imported data in the data
aggregator to providers of services.
Sec. 7. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision to read:
Subd. 4b. Provider
responsibilities. A provider
of services must:
(1) use an electronic
visit verification system that meets all technical and data submission
requirements established by the commissioner;
(2) enroll with the state-provided electronic visit verification system or the data aggregator, as applicable;
(3) provide all information requested by the commissioner for enrollment, access, and data submission and ensure that the information remains accurate and up to date;
(4) maintain records for
each individual receiving services subject to electronic visit verification,
including but not limited to all required data elements;
(5) maintain a current
list of workers providing services subject to electronic visit verification to
individuals receiving services under medical assistance;
(6) provide the
commissioner and any managed care organization with immediate, direct, and
on-site or remote access to the electronic visit verification system;
(7) at the request of
the commissioner or a managed care organization, allow review or copying of
electronic visit verification documentation at no cost;
(8) ensure that
electronic visit verification systems and related processes meet accessibility
and confidentiality requirements under state and federal law;
(9)
comply with all policies, procedures, and technical specifications issued by
the commissioner under this section; and
(10) ensure that
workers, participants, and other individuals using electronic visit
verification are trained and comply with all documentation and data entry
requirements established by the commissioner.
Sec. 8. Minnesota Statutes 2024, section 256B.073, subdivision 5, is amended to read:
Subd. 5. Vendor
requirements. (a) The vendor of the
electronic visit verification system selected provided by the
commissioner and the vendor's affiliate must comply with the requirements of
this subdivision.
(b) The vendor of the state-selected
state-provided electronic visit verification system and the vendor's
affiliate must:
(1) notify the provider of
services that the provider may choose the state-selected state-provided
electronic visit verification system at no cost to the provider;
(2) offer the state-selected
state-provided electronic visit verification system to the provider of
services prior to offering any fee-based electronic visit verification system;
(3) notify the provider of services that the provider may choose any fee-based electronic visit verification system prior to offering the vendor's or its affiliate's fee-based electronic visit verification system; and
(4) when offering the state-selected
state-provided electronic visit verification system, clearly
differentiate between the state-selected state-provided
electronic visit verification system and the vendor's or its affiliate's
alternative fee-based system.
(c) The vendor of the state-selected
state-provided electronic visit verification system and the vendor's
affiliate must not use state data that are not available to other vendors of
electronic visit verification systems to promote or sell the vendor's or its
affiliate's alternative electronic visit verification system.
(d) Upon request from the
provider, the vendor of the state-selected state-provided
electronic visit verification system must provide proof of compliance with the
requirements of paragraph (b).
(e) An agreement between
the vendor of the state-selected state-provided electronic visit
verification system or its affiliate and a provider of services for an
electronic visit verification system that is not the state-selected state‑provided
system entered into on or after July 1, 2023, is subject to immediate
termination by the provider if the vendor violates any of the requirements of
paragraph (b).
Sec. 9. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision to read:
Subd. 6. Data
and documentation. (a) A
provider of services must submit electronic visit verification data to the
commissioner or the data aggregator in accordance with the technical standards,
format, and frequency established under this section. The commissioner may use integrated
electronic visit verification data for oversight, quality assurance, and
program integrity purposes consistent with state and federal law.
(b) The commissioner and
managed care organizations must use electronic visit verification data to
validate claims for payment under medical assistance. Claims that cannot be validated in accordance
with electronic visit verification requirements may be subject to actions by
the commissioner as authorized under state and federal law, including actions
related to payment, program integrity, or provider compliance.
(c) A
provider of services must record all required electronic visit verification
data at the time of service delivery using an approved verification method. To be compliant with electronic visit
verification requirements, a provider of services must document a visit with
all required data elements recorded at the time of service delivery.
(d) A manual visit does not comply with electronic visit verification requirements. A manual visit must be confirmed and verified according to processes established by the commissioner before being used to validate or support a claim for payment.
(e) A worker providing
services subject to electronic visit verification must record the start and end
times of each visit at the time the service is delivered using an approved
verification method. A worker must
complete and verify all time documentation, including but not limited to
verification of service type, date, and duration, on the date the service
occurs and be consistent with documentation requirements of the service being
provided. A provider of services must
maintain documentation demonstrating compliance with this subdivision and make
the documentation available to the commissioner or a managed care organization
upon request.
Sec. 10. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision to read:
Subd. 7. Third-party
system responsibilities. (a)
This subdivision is effective for Early Intensive Developmental and Behavioral
Intervention services beginning July 1, 2027, or upon federal approval,
whichever is later. This subdivision is
effective for all other services subject to this subdivision beginning January
1, 2027, or upon federal approval, whichever is later.
(b) A provider of
services using a third-party electronic visit verification system must ensure
that the system meets all technical, functional, and data-exchange requirements
established by the commissioner and transmits data to the commissioner or the data
aggregator in the format and with the frequency required by the commissioner.
(c) A third-party
electronic visit verification vendor must:
(1) comply with all
technical, contractual, privacy, and security standards established by the
commissioner;
(2) not use or disclose
state data for any purpose other than fulfilling the requirements under this
section or federal law;
(3) provide the commissioner access to system documentation, data
mapping, and audit records upon request; and
(4) immediately report to
the commissioner any data transmission failure, breach, or interruption
affecting the commissioner's ability to receive required electronic visit
verification data.
(d) A provider of
services remains responsible for ensuring compliance with this section even
when using a third-party electronic visit verification system.
(e) The third-party
vendor must ensure training on the system is available to providers of
services.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 11. ELECTRONIC
VISIT VERIFICATION AND MEDICAL ASSISTANCE CLAIMS VALIDATION.
(a) The commissioner of
human services must develop, test, and implement systems changes necessary to
integrate data collected through electronic visit verification systems, as
described under Minnesota Statutes, section 256B.073, with Minnesota's Medicaid
Management Information System. Data
collected through electronic visit verification systems must be used as part of
the commissioner's processes for validating claims for services subject to
electronic visit verification.
(b)
The commissioner of human services must require that managed care plans and
county-based purchasing plans ensure electronic visit verification and claims
system interoperability by January 1, 2027.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 12. REPEALER.
Minnesota Statutes 2024,
section 256B.073, subdivision 4, is repealed.
EFFECTIVE DATE. This section is effective July 1, 2026.
ARTICLE 11
MISCELLANEOUS
Section 1. Minnesota Statutes 2024, section 142E.16, is amended by adding a subdivision to read:
Subd. 1a. Training
required for payments. (a) As
a condition of payment and prior to authorization, all providers receiving
child care assistance payments must complete compliance training developed by
the commissioner that addresses program integrity requirements including but
not limited to record keeping and billing requirements. The commissioner shall develop criteria,
reporting requirements, and standards for when providers need to renew training
after their initial registration.
(b) Providers that do
not have an active registration to receive child care assistance on or before
April 10, 2028, must complete the training under this subdivision prior to
authorization. Providers with an active
registration on or before April 10, 2028, must complete the training under this
subdivision before the provider's first renewal after April 10, 2028, or April
9, 2029, whichever is later.
Sec. 2. Minnesota Statutes 2024, section 245.096, is amended to read:
245.096 CHANGES TO GRANT PROGRAMS.
Prior to implementing any substantial
changes to a grant funding formula disbursed through allocations administered
by the commissioner, the commissioner must provide a report on the nature of
the changes, the effect the changes will have, whether any funding will change,
and other relevant information, to the chairs and ranking minority members of
the legislative committees with jurisdiction over human services. The report must be provided prior to the
start of a regular session, and the proposed changes cannot be implemented
until after the adjournment of that regular session.
Sec. 3. DIRECTION
TO COMMISSIONER; ASSESSMENT OF ADMINISTRATIVE ROLES.
(a) The commissioners of
human services and children, youth, and families, in consultation with
Minnesota's Tribal Nations and counties, must conduct a study to assess and
recommend improvements to the roles and responsibilities of the Departments of
Human Services and Children, Youth, and Families, the counties, and Minnesota's
Tribal Nations in administering human services programs.
(b) The study must
include a comprehensive review of programs administered by the departments,
including but not limited to medical assistance, MinnesotaCare, behavioral
health services, long-term services and supports, housing and homelessness
programs, Minnesota supplemental aid, general assistance, economic assistance,
child support, child care and early learning, and licensing and oversight
functions.
(c)
The study must evaluate the:
(1) current roles and
responsibilities held by the departments, the counties, and Minnesota's Tribal
Nations in administering human services programs, including but not limited to
the challenges and benefits of the current delegation of roles and responsibilities;
(2) lived experience of
people accessing human services programs related to the delegation of
administrative duties;
(3) financing of human services program administration across the departments, the counties, and Minnesota's Tribal Nations;
(4) variations in
service delivery between different geographical regions of the state; and
(5) administration of
human services programs in other states, focusing on the roles and
responsibilities of the local governments versus the state Medicaid or human
services agency, and identifying the benefits, challenges, and financing of the
delegation of duties.
(d) The study must focus
on the goals of transforming the human services system to ensure a transparent,
accessible, accountable, equitable, and effective human services system.
(e) The study must provide recommendations for the optimal delegation of duties between the departments, the counties, and Minnesota's Tribal Nations in the delivery of human services. Recommendations must include:
(1) how the delegation
of duties will improve the experience of people accessing human services;
(2) implementation and
timing considerations to ensure continuity of services;
(3) systems technology adaptations required;
(4) workforce
considerations; and
(5) financing strategies
and the estimated fiscal impact to the state budget.
(f) Notwithstanding
Minnesota Statutes, chapter 13, or other statutes or rules to the contrary,
counties must provide financial, human resources, and other information
necessary to complete the study in the form and manner and on the timeline
requested by the commissioners.
(g) By October 1, 2028,
the commissioners must submit a report on the study and recommendations to the
chairs and ranking minority members of the legislative committees with
jurisdiction over health; human services; and children, youth, and families
policy and finance.
Sec. 4. DIRECTION
TO COMMISSIONER; TRANSFER ASSESSMENT.
(a) The commissioner of human services must procure a contract with a vendor to assess the current status of administration of medical assistance and plan for a transfer of administration of medical assistance to the commissioner by January 1, 2033. The commissioner must submit the assessment and plan to the chairs and ranking minority members of the legislative committees with jurisdiction over human services and health care policy and finance by October 1, 2028.
(b) The assessment and
plan must include:
(1) a
comprehensive assessment of medical assistance eligibility functions performed
by counties and Tribal governments, including identification of handoffs
between county and Tribal eligibility workers and state eligibility workers,
and a catalog of eligibility functions performed by state eligibility workers;
(2) examination of
current expenditures, administrative budgets, and federal financial
participation in county and Tribal administrative work related to medical
assistance eligibility activities;
(3) eligibility system
review, mapping, and recommended updates; and
(4) recommendations for
a successful transition of centralized eligibility functions based on
consultation with stakeholders, review of information provided by county and
Tribal governments, review of other states' best practices for maximizing
federal dollars, a feasible timeline of activities, and required legislative
changes and actions.
(c) The commissioner
must consult with Minnesota's Tribal Nations, the Association of Minnesota
Counties, and the Minnesota Association of County Social Service Administrators
on the final deliverables included in the assessment.
Sec. 5. DIRECTION
TO COMMISSIONER OF HUMAN SERVICES; EVALUATION OF DHS STRUCTURE AND PROCESSES.
(a) The commissioner of
human services must contract with an external consultant to continue and
complete the project initiated under Executive Order 25-10, section 1,
paragraph (g), to make recommendations to improve the Department of Human
Services' performance as the state's Medicaid agency. The external consultant must evaluate the
department's structure and processes and assess the adequacy of the
department's current policies, procedures, systems, organizational structure,
staffing levels, and funding to effectively increase program integrity,
minimize fraud, and more effectively serve as the state's Medicaid agency.
(b) Within 60 days of
receiving the external consultant's recommendations, the commissioner must
submit a report to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance,
including information on the recommendations of the external consultant and any
actions the commissioner has taken in response to the external consultant's
recommendations or other actions taken by the commissioner pursuant to
Executive Order 25-10, section 1, paragraph (g).
(c) Within 60 days of
receiving the external consultant's recommendations, the commissioner must
submit a summary of the recommendations of the external consultant with whom
the commissioner contracted under Executive Order 25-10, section 1, paragraph
(g), and any actions the commissioner has taken in response to either the
external consultant's recommendations or other actions taken by the
commissioner pursuant to Executive Order 25-10, section 1, paragraph (g). The summary must be submitted to the chairs
and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance.
(d) Within 60 days of
receiving the external consultant's recommendations, the commissioner must
submit the external consultant's report summarizing the evaluation and
recommendations to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance. The commissioner must also submit draft
legislative language to implement the recommendations of the external
consultant's recommendations.
(a) By December 1, 2026, the commissioner of human services must provide statutory language that codifies the Department of Human Services Office of Inspector General to the chairs and ranking minority members of the legislative committees with jurisdiction over human services and the nonpartisan staff from House Research Department and Senate Counsel, Research, and Fiscal Analysis whose drafting areas include human services. The statutory language must only contain:
(1) existing legal authority identified by the office that the office relies upon to carry out its duties; and
(2) policies and
procedures necessary for the office to carry out its existing duties.
(b) The commissioner
must not include desired policy changes to the office, its structure, or its
duties within the codification language required under paragraph (a).
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 12
DHS APPROPRIATIONS
|
Section 1. HUMAN
SERVICES APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are added to or, if shown in parentheses, are
subtracted from the appropriations in Laws 2025, First Special Session chapter
3, article 20, and Laws 2025, First Special Session chapter 9, article 12, to
the agency and for purposes specified in this article. The appropriations are from the general fund
or other named fund and are available for the fiscal years indicated for each
purpose. The figures "2026"
and "2027" used in this article mean that the addition to or
subtraction from the appropriation listed under them is available for the
fiscal year ending June 30, 2026, or June 30, 2027, respectively. Base adjustments mean the addition to or
subtraction from the base level adjustment set in Laws 2025, First Special
Session chapter 3, article 20, and Laws 2025, First Special Session chapter 9,
article 12. Appropriations and
reductions to appropriations for the fiscal year ending June 30, 2026, are
effective the day following final enactment unless a different effective date
is explicit.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
|
2026 |
2027 |
|
Sec. 2.
TOTAL APPROPRIATION |
|
$(10,098,000) |
|
$ (50,711,000) |
|
Sec. 3. CENTRAL
OFFICE; OPERATIONS |
|
$-0- |
|
$27,743,000 |
|
Subdivision 1. Evaluation of DHS Structure and Processes |
|
|
|
$500,000 in fiscal year
2027 is for a comprehensive evaluation of the Department of Human Services
structure and processes. This is a
onetime appropriation and is available until June 30, 2028.
|
Subd. 2. Assessment of State, County, and Tribal Nation Roles in Administering Human Services Programs |
|
|
|
$3,000,000 in fiscal year
2027 is for an assessment of state, county, and Tribal Nation roles in
administering human services programs. This
is a onetime appropriation and is available until June 30, 2029.
|
Subd. 3. Prepayment
Review Vendor Contract |
|
|
|
|
$2,500,000 in fiscal year
2027 is to conduct ongoing prepayment claims analysis technology for services
provided under medical assistance. This
is a onetime appropriation.
|
Subd. 4. Prepayment
Review Technology Contract |
|
|
|
|
$4,000,000 in fiscal year
2027 is for a competitively awarded vendor contract to support prepayment
review technology to build on and reference existing claims edits
infrastructure, prior authorization criteria, and continuous refining of the
prepayment review analytic module to automate fraud detection and payment
integrity based on findings over time.
|
Subd. 5. Base
Level Adjustment |
|
|
|
|
The general fund base is
increased by $22,617,000 in fiscal year 2028 and increased by $20,320,000 in
fiscal year 2029.
|
Sec. 4. CENTRAL
OFFICE; HEALTH CARE |
|
$-0- |
|
$4,169,000 |
|
Subdivision 1. Medical
Assistance Eligibility Study |
|
|
|
|
$2,000,000 in fiscal year
2027 is for a study on the transfer of eligibility functions of the medical
assistance program performed by county and Tribal governments to the Department
of Human Services. This is a onetime
appropriation and is available until June 30, 2029.
|
Subd. 2. Base
Level Adjustment |
|
|
|
|
The general fund base is
increased by $2,627,000 in fiscal year 2028 and increased by $3,782,000 in
fiscal year 2029.
|
Sec. 5. CENTRAL
OFFICE; AGING AND DISABILITY SERVICES |
$(3,745,000) |
|
$19,404,000 |
|
Subdivision 1. Market Rate and Homemaker Services Rate Study |
|
|
|
$500,000 in fiscal year 2027
is for a study on rate setting methodologies for services currently offered
under market rate methodologies and homemaker services. This is onetime appropriation and is
available until June 30, 2028.
|
Subd. 2. MnCHOICES Redesign Working Group |
|
|
|
|
$450,000 in fiscal year
2027 is for a contract related to the MnCHOICES redesign working group. The base for this appropriation is $500,000
in fiscal year 2028, $250,000 in fiscal year 2029, $0 in fiscal year 2030, and
$0 in fiscal year 2031.
|
Subd. 3. Waiver Case Management Advisory Working Group |
|
|
|
$350,000 in fiscal year
2027 is for a contract related to the waiver case management advisory working
group. The base for this appropriation
is $150,000 in fiscal year 2028 and $0 in fiscal year 2029.
|
Subd. 4. HCBS Waiver Case Management Evaluation and Report |
|
|
|
$200,000 in fiscal year
2027 is for a rates study for case management and home and community-based
services. This is a onetime
appropriation and is available until June 30, 2028. The base for this appropriation is $400,000
in fiscal year 2028 and $0 in fiscal year 2029.
|
Subd. 5. Nursing Facility Workforce Wage Supplement Program |
|
|
|
$3,000,000 in fiscal year
2027 is for a contract to administer the nursing facility workforce wage
supplement program under Minnesota Statutes, section 256R.60. This is a onetime appropriation and is
available until June 30, 2028.
|
Subd. 6. Integrated Community Supports Reform Study |
|
|
|
$300,000 in fiscal year
2027 is for an integrated community supports reform study. This is a onetime appropriation and is
available until June 30, 2028.
|
Subd. 7. Base
Level Adjustment |
|
|
|
|
The general fund base is
increased by $24,811,000 in fiscal year 2028 and increased by $32,767,000 in
fiscal year 2029.
|
Sec. 6. CENTRAL
OFFICE; BEHAVIORAL HEALTH |
$-0- |
|
$2,382,000 |
|
Subdivision 1. Access to Services for Incarcerated Individuals Evaluation |
|
|
|
$150,000 in fiscal year
2027 is for community engagement and evaluation related reentry services.
|
Subd. 2. Base Level Adjustment |
|
|
|
|
The general fund base is
increased by $2,974,000 in fiscal year 2028 and increased by $2,957,000 in
fiscal year 2029.
|
Sec. 7. CENTRAL
OFFICE; OFFICE OF INSPECTOR GENERAL |
$-0- |
|
$16,328,000 |
|
Subdivision 1. Postpayment Review of Managed Care Organization Billing |
|
|
|
The base must include
$30,000,000 in fiscal year 2028 and $30,000,000 in fiscal year 2029 for a
competitively awarded vendor contract to support postpayment review of managed
care organization billing.
|
Subd. 2. Base
Level Adjustment |
|
|
|
|
The general fund base is
increased by $49,482,000 in fiscal year 2028 and increased by $49,333,000 in
fiscal year 2029. The special revenue
government fund base is increased by $1,426,000 in fiscal year 2028 and
increased by $2,352,000 in fiscal year 2029.
|
Sec. 8. FORECASTED
PROGRAMS; HOUSING SUPPORT |
$-0- |
|
$12,524,000 |
|
Sec. 9. FORECASTED
PROGRAMS; MEDICAL ASSISTANCE |
$-0- |
|
$(122,888,000) |
|
Sec. 10. FORECASTED
PROGRAMS; ALTERNATIVE CARE |
$-0- |
|
$(213,000) |
|
Sec. 11.
FORECASTED PROGRAMS;
BEHAVIORAL HEALTH FUND |
$-0- |
|
$(19,248,000) |
|
Sec. 12. GRANT
PROGRAM; OTHER LONG-TERM CARE GRANTS |
$(972,000) |
|
$7,683,000 |
|
Subdivision 1. Nursing Facility Workforce Wage Supplement Program |
|
|
|
$9,508,000 in fiscal year
2027 is for the nursing facility workforce wage supplement program under
Minnesota Statutes, section 256R.60. This
is a onetime appropriation and is available until June 30, 2028.
|
Subd. 2. Linguistically and Culturally Specific Training |
|
|
|
$250,000 in fiscal year 2027
is for a grant to Isuroon to support its mission to provide: (1) linguistically and culturally specific
services and in-person training to bilingual individuals, particularly
bilingual
women from diverse ethnic backgrounds, to navigate health care systems, to
advocate for their well-being when accessing health care, to develop financial
literacy, to increase civic engagement, and to develop leadership skills; and
(2) technical assistance to health care providers through training, resources,
and ongoing support. The base for this
appropriation is $500,000 in fiscal year 2028 and $500,000 in fiscal year 2029.
|
Subd. 3. Base
Level Adjustment |
|
|
|
|
The general fund base is
decreased by $1,425,000 in fiscal year 2028 and decreased by $1,425,000 in
fiscal year 2029.
|
Sec. 13. GRANT
PROGRAM; AGING AND ADULT SERVICES GRANTS |
$(477,000) |
|
$-0- |
|
Sec. 14. GRANT
PROGRAM; DISABILITIES GRANTS |
$(2,256,000) |
|
$(145,000) |
Base Level Adjustment. The
general fund base is decreased by $956,000 in fiscal year 2028 and decreased by
$956,000 in fiscal year 2029.
|
Sec. 15. GRANT
PROGRAMS; HOUSING GRANTS |
|
$(1,112,000) |
|
$1,250,000 |
|
Subdivision 1. Housing Support Capacity-Building Grants |
|
|
|
$1,250,000 in fiscal year
2027 is for housing support capacity-building grants. This is a onetime appropriation and is
available until June 30, 2028.
|
Subd. 2. Base
Level Adjustment |
|
|
|
|
The general fund base for
this appropriation is $0 in fiscal year 2028 and $0 in fiscal year 2029.
|
Sec. 16. GRANT
PROGRAMS; ADULT MENTAL HEALTH GRANTS |
$(20,000) |
|
$-0- |
|
Sec. 17. GRANT
PROGRAMS; CHILD MENTAL HEALTH GRANTS |
$(1,516,000) |
|
$-0- |
|
Sec. 18. GRANT
PROGRAMS; SUBSTANCE USE DISORDER GRANTS |
$-0- |
|
$300,000 |
|
Subdivision 1. Todd
County; Peer Recovery Support |
|
|
|
|
$300,000 in fiscal year
2027 is for a grant to Todd County for a contract with an organization
operating in Todd County to provide daily peer recovery support services and
special sessions for individuals who are in substance use recovery, are
transitioning out of incarceration, or have experienced trauma.
|
Subd. 2. Thrive Family Recovery Resources |
|
|
|
|
$200,000 in fiscal year 2027 is for a grant
to Thrive Family Recovery Resources for a pilot program that provides family
peer services, education, resource navigation, and general support for families
impacted by substance use disorder. By
January 20, 2028, the commissioner must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
human services that evaluates the results of the pilot program and makes
recommendations for developing an ongoing grant program to provide supportive
services and education for families impacted by substance use disorder. This is a onetime appropriation.
Sec. 19. Laws 2025, First Special Session chapter 3, article 20, section 19, subdivision 1, is amended to read:
|
Subdivision
1. |
|
|
|
$563,000 in fiscal year 2026
is for a grant to the city of Brooklyn Park as start-up funding for an
intensive residential treatment services and residential crisis stabilization
services facility for the city of Brooklyn Park's Community Health Unit,
operating out of the Brooklyn Park Police Department. This is a onetime appropriation and is
available until June 30, 2027 2028.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 20. Laws 2025, First Special Session chapter 3, article 21, section 3, subdivision 2, is amended to read:
|
Subd. 2. Substance Use Treatment, Recovery, and Prevention Grants |
|
|
|
$3,000,000 in fiscal year 2026
and $3,000,000 in fiscal year 2027 are from the general fund for substance use
treatment, recovery, and prevention grants under Minnesota Statutes, section
342.72. The commissioner may use up
to $300,000 of this appropriation for administration.
Sec. 21. TRANSFERS
AND CANCELLATIONS.
Subdivision 1. MnCHOICES
modification grants. The
fiscal year 2027 general fund base appropriation for MnCHOICES modifications
first established under Laws 2023, chapter 61, article 9, section 2,
subdivision 16, is reduced from $125,000 to $0.
The general fund base for this purpose is $0 in fiscal year 2028 and $0
in fiscal year 2029.
Subd. 2. Day
training and habilitation facility grants.
The fiscal year 2028 and fiscal year 2029 general fund base for
grant allocations to counties for day training and habilitation services for
adults with developmental disabilities when provided as a social service under
Minnesota Statutes, sections 252.41 to 252.46, are reduced from $811,000 to $0.
Subd. 3. Innovation
grants. The fiscal year 2027
general fund base appropriation for the innovation grants program under
Minnesota Statutes, section 256B.0921, is reduced from $1,925,000 to $0. The general fund base for this purpose is $0
in fiscal year 2028 and $0 in fiscal year 2029.
Subd. 4. Preadmission
screening grant program. The
fiscal year 2027 general fund base appropriation for the preadmission screening
grant program under Minnesota Statutes, section 256.975, subdivision 7d,
paragraph (b), is reduced from $20,000 to $0.
The general fund base for this purpose is $0 in fiscal year 2028 and $0
in fiscal year 2029.
Subd. 5. 2023
Long-term services and supports loan program. (a) $65,234,000 in fiscal year 2026
from the long-term services and supports loan program under Minnesota Statutes,
section 256.4792, subdivision 8a, is transferred from the long-term services
and supports loan account in the special revenue fund to the general fund and
is canceled.
(b) Any unencumbered and
unexpended amount of the long-term services and supports loan program under
Minnesota Statutes, section 256.4792, subdivision 8a, estimated to be
$5,620,000, is transferred from the long-term services and supports loan
account in the special revenue fund to the general fund and is canceled in
fiscal year 2028.
Subd. 6. 2024
Long-term services and supports loan program. Any unencumbered and unexpended amount
of the fiscal year 2026 general fund base appropriation for the long-term
services and supports loan program first established under Laws 2024, chapter
125, article 8, section 2, subdivision 12, paragraph (e), estimated to be
$822,000, is canceled.
Subd. 7. Long-term services and supports loan program administrative funding. Any unencumbered and unexpended amount of the fiscal year 2024 appropriation in Laws 2023, chapter 61, article 9, section 2, subdivision 5, paragraph (g), clause (3), for administration of the long-term services and supports loan program under Minnesota Statutes, section 256.4792, estimated to be $8,433,000, is transferred from the long-term services and supports loan account in the special revenue fund to the general fund and is canceled.
Subd. 8. Motion analysis advancements clinical study and patient care. Any unencumbered and unexpended amount of the fiscal year 2024 appropriation in Laws 2023, chapter 61, article 9, section 2, subdivision 16, paragraph (l), for the motion analysis advancement clinical study and patient care grant, estimated to be $97,000, is canceled.
Subd. 9. Aging
and disability services for immigrant and refugee communities. Any unencumbered and unexpended amount
of the fiscal year 2025 appropriation in Laws 2024, chapter 125, article 8,
section 2, subdivision 14, paragraph (h), for the aging and disability services
for immigrant and refugee communities grant, estimated to be $250,000, is
canceled.
Subd. 10. Health awareness hub pilot project. (a) Any unencumbered and unexpended amount of the fiscal year 2026 appropriation in Laws 2025, First Special Session chapter 9, article 12, section 15, subdivision 1, for the health awareness hub pilot project grant, estimated to be $150,000, is canceled.
(b) Any unencumbered and unexpended amount of the fiscal year 2027 appropriation in Laws 2025, First Special Session chapter 9, article 12, section 15, subdivision 1, for the health awareness hub pilot project grant, estimated to be $150,000, is canceled.
Subd. 11. Own
home services provider capacity-building.
The amount of the fiscal year 2025 appropriation in Laws 2024,
chapter 125, article 8, section 2, subdivision 14, paragraph (j), for the own
home services provider capacity-building grant, is reduced by $288,000.
Subd. 12. License
transition support for small disability waiver providers. Any unencumbered and unexpended amount
of the fiscal year 2025 appropriation in Laws 2024, chapter 125, article 8,
section 2, subdivision 14, paragraph (i), for the license transition support
for small disability waiver providers grant, estimated to be $1,262,000, is
canceled.
Subd. 13. Parent-to-parent programs. Any unencumbered and unexpended amount of the fiscal year 2025 appropriation in Laws 2023, chapter 61, article 9, section 2, subdivision 16, paragraph (n), for the parent-to-parent programs grant, estimated to be $109,000, is canceled.
Subd. 14. Dakota County disability services workforce shortage pilot project. Any unencumbered and unexpended amount of the fiscal year 2025 appropriation in Laws 2024, chapter 125, article 8, section 2, subdivision 14, paragraph (b), for the Dakota County disability services workforce shortage pilot project grant, estimated to be $250,000, is canceled.
Subd. 15. Disability services person-centered engagement and navigation study. Any unencumbered and unexpended amount of the fiscal year 2025 appropriation in Laws 2024, chapter 125, article 8, section 2, subdivision 4, paragraph (b), for the disability services person-centered engagement and navigation study, estimated to be $438,000, is canceled.
Subd. 16. Reimbursement for community-first services and supports workers report. Any unencumbered and unexpended amount of the fiscal year 2025 appropriation in Laws 2024, chapter 125, article 8, section 2, subdivision 4, paragraph (d), for the reimbursement for community-first services and supports workers report, estimated to be $99,000, is canceled.
Subd. 17. Aging
and disability services administration.
The amount of the fiscal year 2024 appropriation in Laws 2023,
chapter 61, article 9, section 2, subdivision 5, paragraph (g), clause (1), for
general administrative purposes for the aging and disability services
administration, is reduced by $1,797,000.
Subd. 18. Aging
and disability services administration carryforward. The amount of the fiscal year 2025
carryforward authorization in Laws 2024, chapter 125, article 8, section 2,
subdivision 4, paragraph (e), for aging and disability services administration,
is reduced by $1,411,000. Of this
reduced amount, $1,083,000 is from the presumptive eligibility study, $200,000
is from administration of license transition support for small disability
waiver providers, and $128,000 is from administration of the Dakota County
disability services workforce shortage pilot project.
Subd. 19. Aging
and adult services. The
fiscal year 2026 general fund base appropriation in Laws 2025, First Special
Session chapter 9, article 12, section 16, for aging and adult services grants
is reduced by $477,000.
Subd. 20. Youth peer recovery support services pilot project. Any unencumbered and unexpended amount of the fiscal year 2025 appropriation in Laws 2024, chapter 125, article 8, section 2, subdivision 16, for the youth peer recovery support services pilot project, estimated to be $250,000, is canceled.
Subd. 21. Child
mental health. The fiscal
year 2026 general fund base appropriation in Laws 2025, First Special Session
chapter 3, article 20, section 20, for child mental health grants is reduced by
$266,000.
Subd. 22. Psychiatric
residential treatment facility start-up.
Any unencumbered and unexpended amount of the fiscal year 2024
and fiscal year 2025 appropriations in Laws 2023, chapter 70, article 20,
section 2, subdivision 30, paragraph (a), for the psychiatric residential
treatment facility start-up grant, estimated to be $1,000,000, are canceled.
Subd. 23. Mental
health innovation grant program. Any
unencumbered and unexpended amount of the fiscal year 2025 appropriation in
Laws 2024, chapter 125, article 8, section 2, subdivision 15, paragraph (c),
for the mental health innovation grant program, estimated to be $20,000, is
canceled.
Subd. 24. Housing
and support services. The
amount of the fiscal year 2026 general fund base appropriation in Laws 2025,
First Special Session chapter 3, article 20, section 18, for housing and
support services grants, is reduced by $1,112,000. Of this reduced amount:
(1) $250,000 is from transition housing program grants;
(2) $160,000 is from emergency services program grants;
(3) $495,000 is from
Homeless Youth Act grants;
(4) $140,000 is from safe harbor grants; and
(5) $67,000 is from
shelter-linked mental health grants.
Subd. 25. Recovery
community organization. Any
unencumbered and unexpended amount for the recovery community organization
grants first established under Laws 2023, chapter 61, article 9, section 2,
subdivision 10, paragraph (h), estimated to be $200,000, is canceled.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 22. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation,
transfer, or cancellation in this article is enacted more than once during the
2026 regular session, the appropriation, transfer, or cancellation must be
given effect once.
Sec. 23. EXPIRATION
OF UNCODIFIED LANGUAGE.
All uncodified language
contained in this article expires on June 30, 2027, unless a different
expiration date is explicit.
ARTICLE 13
OTHER AGENCY APPROPRIATIONS
|
Section 1. OTHER
AGENCY APPROPRIATIONS. |
The sums shown in the
columns marked "Appropriations" are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2025, First Special
Session chapter 9, article 14, to the agencies and for the purposes specified
in this article. The appropriations are
from the general fund or other named fund and are available for the fiscal
years indicated for each purpose. The
figures "2026" and "2027" used in this article mean that
the addition or subtraction from the appropriation listed under them is
available for the fiscal year ending June 30, 2026, or June 30, 2027,
respectively. Base adjustments mean the
addition to or subtraction from the base level adjustment set in Laws 2025,
First Special Session chapter 9, article 14.
Supplemental appropriations and reductions to appropriations for the
fiscal year ending June 30, 2026, are effective the day following final
enactment unless a different effective date is explicit.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
|
2026 |
2027 |
|
Sec. 2. COMMISSIONER
OF HEALTH; TOTAL APPROPRIATION |
$-0- |
|
$805,000 |
The amounts
that may be spent for each purpose are specified in the following sections.
|
Sec. 3. HEALTH
PROTECTION |
|
$-0- |
|
$805,000 |
|
Subdivision 1. Small Assisted Living Facility Licensure |
|
|
|
$150,000 in fiscal year 2027
is for the commissioner of health to develop small assisted living facility
licensure draft legislation. This is a
onetime appropriation and is available until June 30, 2028.
|
Subd. 2. Base
Level Adjustment |
|
|
|
|
The general fund base is
increased by $630,000 in fiscal year 2028 and $630,000 in fiscal year 2029.
|
Sec. 4. COMMISSIONER
OF CHILDREN, YOUTH, AND FAMILIES |
$-0- |
|
$5,924,000 |
|
Subdivision 1. Operations and Administration; Agency-Wide Supports |
-0- |
|
5,777,000 |
(a) Analysis of Governance Roles for DCYF Programs. $2,500,000 in fiscal year 2027 is for
a study to analyze the governance roles for DCYF programs. This is a onetime appropriation and is
available until June 30, 2029.
(b) Base Level Adjustment. The
general fund base is increased by $3,226,000 in fiscal year 2028 and $3,013,000
in fiscal year 2029.
|
Subd. 2. Operations and Administration; Early Childhood |
-0- |
|
147,000 |
Base Level Adjustment. The
general fund base is increased by $526,000 in fiscal year 2028 and $687,000 in
fiscal year 2029.
|
Subd. 3. Grant
Programs; Support Services Grants |
|
-0- |
|
-0- |
Fraud Prevention Investigation Grants. The base must include $803,000 in fiscal year 2028 and $803,000 in fiscal year 2029 for additional fraud prevention investigation grants under Minnesota Statutes, section 256.983.
|
Sec. 5. COMMISSIONER OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
$-0- |
|
$1,000,000 |
$1,000,000 in fiscal year
2027 is for a grant to Turning Point Inc., a 501(c)(3) nonprofit organization,
to predesign, design, construct, renovate, furnish, and equip a 32-bed
residential facility to be known as "Ms. Bea's" in the
metropolitan area, as defined under Minnesota Statutes, section 473.121,
subdivision 2. This appropriation
includes money for major projects to preserve or replace mechanical,
electrical, plumbing, HVAC, and life safety systems; renovation and
construction of space for bedrooms, a commercial kitchen, indoor recreation,
bathrooms, a workforce development and resource room, and community common
areas; upgrades to achieve compliance with the Americans with Disabilities Act
(ADA); and site improvements that prepare the space for future expansion. This appropriation is onetime and is
available until the project is completed or abandoned, subject to Minnesota
Statutes, section 16A.642.
Sec. 6. RETURN
OF UNUSED TAX-FORFEITED SETTLEMENT APPROPRIATION; CANCELLATION.
Subdivision 1. Return
of funds. Notwithstanding the
cancellation deadline established in Laws 2024, chapter 113, section 1,
subdivision 5, on June 29, 2026, the claims administrator appointed under Laws
2024, chapter 113, to settle litigation related to the state's retention of
tax-forfeited lands, surplus proceeds from the sale of tax-forfeited lands, and
mineral rights in those lands, must return to the commissioner of management
and budget $7,000,000 of the appropriation under Laws 2024, chapter 113, section
1, subdivision 5, that constitutes unspent money in the net settlement fund, as
provided in the settlement and final judgment filed on December 16, 2024.
Subd. 2. Cancellation. The commissioner of management and
budget must cancel the amount received under subdivision 1 to the general fund
within one day of the receipt of the money.
Subd. 3. Application. The money returned under subdivision 1
are in addition to any other requirements enacted during the 2026 regular
legislative session for the claims administrator to return unspent money in the
net settlement fund.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 7. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation,
transfer, or cancellation in this article is enacted more than once during the
2026 regular session, the appropriation, transfer, or cancellation must be
given effect once.
Sec. 8. EXPIRATION
OF UNCODIFIED LANGUAGE.
All uncodified language contained in this article expires on June 30, 2027, unless a different expiration date is explicit."
"A bill for an act relating to state government; modifying provisions relating to continuity of care, long-term care facilities, health care, Department of Human Services Office of Inspector General policy, background studies, uniform services standards, aging and disability services, and electronic visit verification; making conforming changes; authorizing rulemaking; providing for civil penalties; requiring reports; appropriating money; amending Minnesota Statutes 2024, sections 13.46, subdivision 7; 142E.16, by adding a subdivision; 144.1503, subdivision 7; 144.294, subdivision 2; 144A.291, subdivision 2; 144A.471, subdivision 8; 144G.15; 144G.16, by adding a subdivision; 144G.195, subdivision 1; 144G.45, subdivision 3; 245.095, subdivisions 2, 5, as amended, by adding a subdivision; 245.096; 245.462, by adding a subdivision; 245.4661, subdivision 10, by adding subdivisions; 245.4711, subdivision 5; 245.4881, subdivision 5; 245.4882, subdivision 6; 245.735, subdivision 6; 245A.02, subdivisions 5a, 13; 245A.04, subdivisions 2, 2a; 245A.042, by adding a subdivision; 245A.043, subdivision 2; 245A.07, subdivision 2a; 245A.10, by adding a subdivision; 245A.26, subdivisions 3, 4, 5; 245A.65, subdivision 1a; 245C.02, subdivision 18; 245C.03, subdivisions 1, 3a, 9, by adding subdivisions; 245C.04, subdivision 1; 245C.10, subdivision 8; 245C.15, subdivisions 2, 3, 4; 245C.24, subdivision 2; 245D.04, subdivision 3; 245D.081, subdivision 3; 245D.10, subdivision 4; 245D.12; 245G.03, subdivision 1; 245I.011, subdivisions 3, 5, by adding a subdivision; 245I.02, subdivisions 33, 39, by adding subdivisions; 245I.03, subdivision 4, by adding a subdivision; 245I.06, subdivisions 1, 2; 245I.07; 245I.10, subdivisions 6, as amended, 8, by adding a subdivision; 245I.23, subdivisions 4, 5, 8, 12, 16, 17; 254A.03, subdivision 2; 254B.17; 256.01, subdivision 21, by adding a subdivision; 256.975, subdivision 7b; 256B.02, by adding a subdivision; 256B.04, subdivisions 5, 10, 23, by adding subdivisions; 256B.0623, subdivisions 1, 3, 12, by adding a subdivision; 256B.0624, subdivisions 1, 4, as amended, by adding a subdivision; 256B.0625, subdivision 17b, by adding a subdivision; 256B.064, subdivisions 1b, 1c, 1d, 2, 3, 4, 5, by adding subdivisions; 256B.0651, subdivision 17; 256B.0659, subdivisions 12, 16, 17, 19; 256B.0671, by adding a subdivision; 256B.073, subdivisions 1, 2, 3, 5, by adding subdivisions; 256B.076, subdivision 1, by adding subdivisions; 256B.0761, subdivisions 2, 3; 256B.0911, subdivision 32, as amended; 256B.092, subdivision 14; 256B.0922, by adding a subdivision; 256B.094, subdivisions 2, 3, 6; 256B.0943, subdivision 2, by adding a subdivision; 256B.0949, subdivision 17, by adding a subdivision; 256B.27, subdivision 3; 256B.49, subdivision 25; 256B.4912, by adding subdivisions; 256B.4914, subdivisions 6, 6a, 6c, 6d, 7b, 9a, 13, by adding subdivisions; 256B.492, by adding a subdivision; 256B.69, subdivisions 5a, 37, by adding subdivisions; 256B.85, subdivision 23a, by adding subdivisions; 256S.15, by adding a subdivision; 256S.21, by adding subdivisions; 297E.02, subdivision 3; Minnesota Statutes 2025 Supplement, sections 15.013, by adding a subdivision; 144.0724, subdivision 11; 245.4661, subdivision 9; 245.4835, subdivision 2; 245.4871, subdivision 4; 245.735, subdivision 4d; 245A.03, subdivision 2; 245A.04, subdivisions 1, as amended, 7; 245A.043, subdivision 2a; 245A.05; 245A.07, subdivision 3; 245A.10, subdivisions 3, 4; 245A.142, subdivision 3; 245A.242, subdivision 2; 245C.02, subdivision 15a; 245C.05, subdivision 5; 245C.07; 245C.13, subdivision 2; 245C.15, subdivision 4a; 245C.16, subdivision 1; 245C.22, subdivision 5; 245I.04, subdivisions 5, 17, as amended; 245I.06, subdivision 3; 245I.23, subdivisions 7, 10; 254B.02, subdivision 5; 254B.0503, subdivision 1; 254B.0505, by adding a subdivision; 254B.0509, subdivision 2; 256.01, subdivision 2; 256.4792, subdivisions 1, 7, by adding a subdivision; 256B.04, subdivision 21, as amended; 256B.0625, subdivisions 5m, as amended, 17, 18i, 20; 256B.0659, subdivision 21; 256B.0701, subdivision 9; 256B.0911, subdivision 30; 256B.0924, subdivision 6, as amended; 256B.0943, subdivisions 3, 12; 256B.0949, subdivision 16, as amended; 256B.4914, subdivisions 3, 5a, 8, 9; 256B.85, subdivisions 7, 12, 17a; 256I.04, subdivision 2a; 256L.03, subdivision 5, as amended; 260E.03, subdivision 6; 260E.11, subdivision 1; 260E.14, subdivision 1; 626.5572, subdivision 13, as amended; Laws 2021, First Special Session chapter 7, article 13, section 73, as amended; Laws 2025, First Special Session chapter 3, article 8, section 43; article 20, section 19, subdivision 1; article 21, section 3, subdivision 2; Laws 2025, First Special Session chapter 9, article 4, sections 2; 23; 38; 39; 40; 41; 42; 43; 44; 50; 57; Laws 2026, chapter 95, article 4, section 2; article 5, section 23, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 245A; 245I; 256B; 256R; repealing Minnesota Statutes 2024, sections 245.735, subdivisions 1a, 2a, 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 4a, 4b, 4c, 4e, 7, 8; 245C.03, subdivision 7; 245I.20, subdivision 9; 245I.23, subdivision 23; 256B.055, subdivision 14; 256B.0623, subdivisions
|
We request the adoption of this report and repassage of the bill. |
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Senate Conferees: John Hoffman, Omar Fateh and Melissa Wiklund. |
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House Conferees: Joe Schomacker, Dawn Gillman, Mohamud Noor and Heather Keeler. |
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Schomacker moved that the report of the
Conference Committee on S. F. No. 4476 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 4476, A bill for an act relating to state government; modifying provisions relating to continuity of care, long-term care facilities, health care, Department of Human Services Office of Inspector General policy, background studies, uniform services standards, aging and disability services, and electronic visit verification; making conforming changes; authorizing rulemaking; providing for civil penalties; requiring reports; appropriating money; amending Minnesota Statutes 2024, sections 13.46, subdivision 7; 142E.16, by adding a subdivision; 144.1503, subdivision 7; 144.294, subdivision 2; 144A.291, subdivision 2; 144A.471, subdivision 8; 144G.15; 144G.16, by adding a subdivision; 144G.195, subdivision 1; 144G.45, subdivision 3; 245.095, subdivisions 2, 5, as amended, by adding a subdivision; 245.096; 245.462, by adding a subdivision; 245.4661, subdivision 10, by adding subdivisions; 245.4711, subdivision 5; 245.4881, subdivision 5; 245.4882, subdivision 6; 245.735, subdivision 6; 245A.02, subdivisions 5a, 13; 245A.04, subdivisions 2, 2a; 245A.042, by adding a subdivision; 245A.043, subdivision 2; 245A.07, subdivision 2a; 245A.10, by adding a subdivision; 245A.26, subdivisions 3, 4, 5; 245A.65, subdivision 1a; 245C.02, subdivision 18; 245C.03, subdivisions 1, 3a, 9, by adding subdivisions; 245C.04, subdivision 1; 245C.10, subdivision 8; 245C.15, subdivisions 2, 3, 4; 245C.24, subdivision 2; 245D.04, subdivision 3; 245D.081, subdivision 3; 245D.10, subdivision 4; 245D.12; 245G.03, subdivision 1; 245I.011, subdivisions 3, 5, by adding a subdivision; 245I.02, subdivisions 33, 39, by adding subdivisions; 245I.03, subdivision 4, by adding a subdivision; 245I.06, subdivisions 1, 2; 245I.07; 245I.10, subdivisions 6, as amended, 8, by adding a subdivision; 245I.23, subdivisions 4, 5, 8, 12, 16, 17; 254A.03, subdivision 2; 254B.17; 256.01, subdivision 21, by adding a subdivision; 256.975, subdivision 7b; 256B.02, by adding a subdivision; 256B.04, subdivisions 5, 10, 23, by adding subdivisions; 256B.0623, subdivisions 1, 3, 12, by adding a subdivision; 256B.0624, subdivisions 1, 4, as amended, by adding a subdivision; 256B.0625, subdivision 17b, by adding a subdivision; 256B.064, subdivisions 1b, 1c, 1d, 2, 3, 4, 5, by adding subdivisions; 256B.0651, subdivision 17; 256B.0659, subdivisions 12, 16, 17, 19; 256B.0671, by adding a subdivision; 256B.073, subdivisions 1, 2, 3, 5, by adding subdivisions; 256B.076, subdivision 1, by adding subdivisions; 256B.0761, subdivisions 2, 3; 256B.0911, subdivision 32, as amended; 256B.092, subdivision 14; 256B.0922, by adding a subdivision; 256B.094, subdivisions 2, 3, 6; 256B.0943, subdivision 2, by adding a subdivision; 256B.0949, subdivision 17, by adding a subdivision; 256B.27, subdivision 3; 256B.49, subdivision 25; 256B.4912, by adding subdivisions; 256B.4914, subdivisions 6, 6a, 6c, 6d, 7b, 9a, 13, by adding subdivisions; 256B.492, by adding a subdivision; 256B.69, subdivisions 5a, 37, by adding subdivisions; 256B.85, subdivision 23a, by adding subdivisions; 256S.15, by adding a subdivision; 256S.21, by adding subdivisions; 297E.02, subdivision 3; Minnesota Statutes 2025 Supplement, sections 15.013, by adding a subdivision; 144.0724, subdivision 11; 245.4661, subdivision 9; 245.4835, subdivision 2; 245.4871, subdivision 4; 245.735, subdivision 4d; 245A.03, subdivision 2; 245A.04, subdivisions 1, as amended, 7; 245A.043, subdivision 2a; 245A.05; 245A.07, subdivision 3; 245A.10, subdivisions 3, 4; 245A.142, subdivision 3; 245A.242, subdivision 2; 245C.02, subdivision 15a; 245C.05, subdivision 5; 245C.07; 245C.13, subdivision 2; 245C.15, subdivision 4a; 245C.16, subdivision 1; 245C.22, subdivision 5; 245I.04, subdivisions 5, 17, as amended; 245I.06, subdivision 3; 245I.23, subdivisions 7, 10; 254B.02, subdivision 5; 254B.0503, subdivision 1; 254B.0505, by adding a subdivision; 254B.0509, subdivision
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 108 yeas and 26 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Anderson, P. H.
Bahner
Baker
Berg
Bierman
Bliss
Buck
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dotseth
Duran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Robbins
Schomacker
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
Virnig
Warwas
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. E.
Backer
Bakeberg
Bennett
Burkel
Davis
Dippel
Engen
Fogelman
Franson
Harder
Jacob
Joy
Knudsen
Lawrence
Mekeland
Murphy
Roach
Rymer
Schultz
Stier
Van Binsbergen
West
Wiener
The bill was repassed, as amended by
Conference, and its title agreed to.
MOTIONS
AND RESOLUTIONS
TAKEN FROM
THE TABLE
Niska moved
that H. F. No. 2484, as amended, be taken from the table. The motion prevailed and H. F. No. 2484, as
amended, was taken from the table.
H. F. No. 2484, as amended, was again
reported to the House.
H. F. No. 2484,
A bill for an act relating to capital investment; authorizing spending
to acquire and better land and buildings and for other improvements of a
capital nature with certain conditions; establishing new programs and modifying
existing programs; requiring a report; modifying and canceling prior
appropriations; appropriating money; amending Minnesota Statutes 2024, sections
161.14, by adding a subdivision; 474A.02, subdivision 1a; Laws 2023, chapter
37, article 1, section 2, subdivision 15; Laws 2023, chapter 71, article 1, sections
10, subdivisions 9, 10; 11, subdivisions 7, as amended, 9, 15, as amended; 14,
subdivisions 25, 35, 43, 46, 47, 50, 54, 56, 66, as amended, 75, 91; 15,
subdivision 9; Laws 2023, chapter 72, article 2, sections 3, subdivision 14; 9,
subdivisions 5, 12; 10, subdivision 10; 11; Laws 2024, chapter 125, article 8,
section 6.
The bill was placed upon its final
passage.
The question was taken on the passage of
the bill and the roll was called. There
were 96 yeas and 38 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. H.
Backer
Bahner
Baker
Berg
Bierman
Bliss
Buck
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dotseth
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Heintzeman
Hicks
Hill
Hollins
Howard
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Kresha
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Nadeau
Nelson
Niska
Noor
Norris
O'Driscoll
Olson
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Repinski
Reyer
Schomacker
Schwartz
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
Virnig
Warwas
Wolgamott
Xiong
Youakim
Zeleznikar
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Bakeberg
Bennett
Burkel
Davis
Dippel
Duran
Engen
Fogelman
Gander
Gordon
Harder
Hudson
Knudsen
Koznick
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nash
Novotny
Perryman
Quam
Rarick
Roach
Robbins
Rymer
Schultz
Scott
Stier
Van Binsbergen
West
Wiener
Witte
Spk. Demuth
The
bill was passed, as amended, and its title agreed to.
There being no objection, the order of
business reverted to Calendar for the Day.
CALENDAR FOR
THE DAY
S. F. No. 5200 was reported
to the House.
Liebling moved to amend S. F. No. 5200 as follows:
Page 1, delete section 1 and insert:
"Section 1. [CORR26-01] OMITTED EFFECTIVE DATE; SUPREME COURT COUNCIL ON CHILD PROTECTION. Notwithstanding any other law to the
contrary, Laws 2024, chapter 115, article 22, section 6, as amended by 2026 H. F. No. 3875,
section 7, if enacted, is effective June 15, 2026.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. [CORR26-03] Minnesota Statutes 2024, section 204C.26, subdivision 2, as amended by 2026 H. F. No. 4240, section 7, if enacted, is amended to read:
Subd. 2. Summary
statements; contents. (a) The blank
summary statement forms furnished to each precinct shall identify the precinct,
ward number if any, city, school district if applicable, or town, date, and
kind of election and, under appropriate headings identifying, shall
contain spaces for the election judges to enter the information required by
section 204C.24, subdivision 1.
(b) Each blank summary statement form shall also contain a certificate to be signed by the election judges stating that the national flag was displayed on a suitable staff during voting hours; that all of the ballots cast were properly piled, checked, and counted; and that the numbers entered by the election judges on the summary statements correctly show the number of votes cast for each candidate and for and against each question.
Sec. 3. [CORR26-04] EFFECTIVE DATE; DIRECT PRIMARY CARE SERVICE AGREEMENTS. Article 14, sections 1, 2, and 3, of S. F. No. 4612, if enacted, are effective August 1, 2027."
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
S. F. No. 5200, A bill for
an act relating to legislative enactments; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and technical errors;
amending Minnesota Statutes 2024, section 268B.185, subdivision 1.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The
bill was passed, as amended, and its title agreed to.
Niska moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
MOTIONS AND
RESOLUTIONS
TAKEN FROM
THE TABLE
Niska moved that
H. F. No. 719, as amended, be taken from the table. The motion prevailed and H. F. No. 719, as
amended, was taken from the table.
MOTION
FOR RECONSIDERATION
Long moved that the action whereby H. F.
No. 719, as amended, was given its third reading be now reconsidered. The
motion prevailed.
H. F. No. 719, as amended, was again
reported to the House.
Lee, F., moved to amend H. F. No. 719, the first engrossment, as amended, as follows:
Page 37, line 7, delete the comma and insert "and engineer an expansion of an ice center and to design and engineer the realignment of roads"
Page 37, delete line 8
Page 37, line 9, delete everything before "in"
The
motion prevailed and the amendment was adopted.
H. F. No. 719,
A bill for an act relating to state government; authorizing spending to
acquire and better public land and buildings and for other improvements of a
capital nature with certain conditions; establishing new programs and modifying
existing programs; authorizing the conveyance of state bond-financed property;
modifying and canceling prior appropriations; authorizing the sale and issuance
of state bonds; appropriating money; providing for a temporary registration tax
reduction; amending Minnesota Statutes 2024, sections 16A.86, subdivision 3a;
446A.077, subdivisions 3, 4; 446A.086, subdivision 11; 457A.03, subdivision 3;
Minnesota Statutes 2025 Supplement, sections 134.45, subdivision 4; 446A.082;
Laws 2020, Fifth Special Session chapter 3, article 1, sections 16, subdivision
39; 17, subdivision 13, as amended; Laws 2023, chapter 72, article 1, sections
16, subdivision 19; 21, subdivision 9.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dippel
Dotseth
Duran
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Robbins
Rymer
Schomacker
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Bennett
Davis
Fogelman
Gordon
Knudsen
Murphy
Novotny
Roach
Schultz
Stier
Wiener
The
bill was passed, as amended, and its title agreed to.
MOTIONS AND
RESOLUTIONS, Continued
Howard moved that the name of Zeleznikar
be added as an author on H. F. No. 1141. The motion prevailed.
Gillman moved that the name of Repinski be
added as an author on H. F. No. 1724. The motion prevailed.
Igo moved that the name of Davis be added
as an author on H. F. No. 2178.
The motion prevailed.
Koznick moved that the name of Davids be
added as chief author on H. F. No. 2438. The motion prevailed.
Kotyza-Witthuhn moved that the name of
Fischer be added as an author on H. F. No. 2552. The motion prevailed.
Igo moved that the name of Zeleznikar be
added as an author on H. F. No. 3393. The motion prevailed.
Myers moved that the name of Zeleznikar be
added as an author on H. F. No. 3579. The motion prevailed.
Nash moved that the name of Zeleznikar be
added as an author on H. F. No. 4090. The motion prevailed.
Bliss moved that the name of Mueller be
added as chief author on H. F. No. 4492. The motion prevailed.
Igo moved that the name of Zeleznikar be
added as an author on H. F. No. 5092. The motion prevailed.
Sencer-Mura moved that the name of Pursell
be added as an author on H. F. No. 5125. The motion prevailed.
Huot moved that the name of Jones be added
as an author on H. F. No. 5150.
The motion prevailed.
Hollins moved that the name of Falconer be
added as an author on H. F. No. 5152. The motion prevailed.
Hansen, R., moved that the names of
Pursell; Lee, K., and Kraft be added as authors on
H. F. No. 5154. The
motion prevailed.
Howard moved that the names of Berg;
Kozlowski; Pursell; Jordan; Kraft; Johnson, P.; Freiberg; Virnig; Liebling;
Gottfried; Youakim, Greenman, Feist and Falconer be added as authors on
H. F. No. 5156. The
motion prevailed.
Falconer moved that the names of Kraft and
Kozlowski be added as authors on H. F. No. 5159. The motion prevailed.
MOTION TO SUSPEND RULES
Long moved that the rules of the House be so far suspended
so that H. F. No. 5149 be recalled from the Committee on Judiciary Finance and
Civil Law, be given its second and third readings and be placed upon its final
passage.
A roll call was requested and properly
seconded.
The question was taken on the Long motion
and the roll was called. There were 67
yeas and 63 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
Wiener
Witte
Zeleznikar
Spk. Demuth
Not having received the required
two-thirds vote, the motion did not prevail.
MOTION TO
SUSPEND RULES
Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Niska moved that the rule therein be
suspended and an urgency be declared and that the rules of the House be so far
suspended so that H. F. No. 1849, now on the General Register,
be given its third reading and be placed upon its final passage.
A roll call was requested and properly
seconded.
The question was taken on the Niska motion
and the roll was called. There were 64
yeas and 69 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Bennett
Bliss
Burkel
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Baker
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Davids
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The motion did
not prevail.
ADJOURNMENT
Niska moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 10:00 a.m., Monday, May 18, 2026.
Patrick
Duffy Murphy, Chief
Clerk, House of Representatives