| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to human services licensing; modifying licensing violation actions against |
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| 3 | 3 | | 1.3 chapter 245D providers; requiring reports; amending Minnesota Statutes 2024, |
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| 4 | 4 | | 1.4 section 245A.06, subdivisions 1a, 2. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 245A.06, subdivision 1a, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 1a.Correction orders and conditional licenses for programs licensed as home |
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| 8 | 8 | | 1.8and community-based services.(a) For programs licensed under both this chapter and |
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| 9 | 9 | | 1.9chapter 245D, if the license holder operates more than one service site under a single license |
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| 10 | 10 | | 1.10governed by chapter 245D, the order or conditional license issued under this section shall |
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| 11 | 11 | | 1.11be specific to the service site or sites at which the violations of applicable law or rules |
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| 12 | 12 | | 1.12occurred. The order shall not apply to other service sites governed by chapter 245D and |
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| 13 | 13 | | 1.13operated by the same license holder unless the commissioner has included in the order the |
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| 14 | 14 | | 1.14articulable basis for applying the order to another service site. |
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| 15 | 15 | | 1.15 (b) If the commissioner has issued more than one license to the license holder under this |
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| 16 | 16 | | 1.16chapter, the conditions imposed under this section shall be specific to the license for the |
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| 17 | 17 | | 1.17program at which the violations of applicable law or rules occurred and shall not apply to |
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| 18 | 18 | | 1.18other licenses held by the same license holder if those programs are being operated in |
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| 19 | 19 | | 1.19substantial compliance with applicable law and rules. |
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| 20 | 20 | | 1.20 (c) Prior to issuing a conditional license under this section to a license holder operating |
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| 21 | 21 | | 1.21a program licensed under both this chapter and chapter 245D, the commissioner must inform |
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| 22 | 22 | | 1.22the license holder that their next audit or investigation will lead to a conditional license if |
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| 23 | 23 | | 1.23the provider fails or has any violations. |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | REVISOR DTT/AD 25-0167212/24/24 |
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| 26 | 26 | | State of Minnesota |
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| 27 | 27 | | This Document can be made available |
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| 28 | 28 | | in alternative formats upon request |
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| 29 | 29 | | HOUSE OF REPRESENTATIVES |
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| 30 | 30 | | H. F. No. 1215 |
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| 31 | 31 | | NINETY-FOURTH SESSION |
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| 32 | 32 | | Authored by Clardy, Franson, Noor, Perryman and Hussein02/19/2025 |
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| 33 | 33 | | The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1 (d) The commissioner may reduce the length of time of a conditional license for a license |
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| 34 | 34 | | 2.2holder operating a program licensed under both this chapter and chapter 245D if the license |
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| 35 | 35 | | 2.3holder demonstrates compliance or progress toward compliance before the conditional |
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| 36 | 36 | | 2.4license period expires. |
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| 37 | 37 | | 2.5 (e) Conditional licenses may only be issued to a license holder operating a program |
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| 38 | 38 | | 2.6licensed under both this chapter and chapter 245D if the license holder fails to implement |
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| 39 | 39 | | 2.7or follow the requirements of the most recent correction order issued by the commissioner |
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| 40 | 40 | | 2.8for a violation of this chapter or chapter 245D. |
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| 41 | 41 | | 2.9 (f) If requested by a license holder operating a program licensed under both this chapter |
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| 42 | 42 | | 2.10and chapter 245D, the commissioner must refer the license holder to legal assistance or |
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| 43 | 43 | | 2.11other available technical assistance resources or services when the license holder is subject |
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| 44 | 44 | | 2.12to an enforcement action. |
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| 45 | 45 | | 2.13 (g) The commissioner must partner with culturally specific organizations to provide |
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| 46 | 46 | | 2.14education on licensing requirements and staff, training, and informational assistance services |
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| 47 | 47 | | 2.15to license holders operating programs licensed under both this chapter and chapter 245D. |
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| 48 | 48 | | 2.16 (h) By January 1, 2026, and annually thereafter, the commissioner must provide a report |
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| 49 | 49 | | 2.17to the chairs and ranking minority members of the legislative committees with jurisdiction |
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| 50 | 50 | | 2.18over chapter 245D licensing on the number of correction orders and conditional licenses |
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| 51 | 51 | | 2.19issued to license holders who operate programs licensed under both this chapter and chapter |
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| 52 | 52 | | 2.20245D. The report must include aggregated data on the zip codes of locations, number of |
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| 53 | 53 | | 2.21employees, and license effective dates for any license holders subject to correction orders |
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| 54 | 54 | | 2.22and conditional licenses and on the commissioner's efforts to offer collaborative safety |
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| 55 | 55 | | 2.23process improvements to license holders. |
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| 56 | 56 | | 2.24 Sec. 2. Minnesota Statutes 2024, section 245A.06, subdivision 2, is amended to read: |
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| 57 | 57 | | 2.25 Subd. 2.Reconsideration of correction orders.(a) If the applicant or license holder |
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| 58 | 58 | | 2.26believes that the contents of the commissioner's correction order are in error, the applicant |
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| 59 | 59 | | 2.27or license holder may ask the Department of Human Services to reconsider the parts of the |
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| 60 | 60 | | 2.28correction order that are alleged to be in error. The request for reconsideration must be made |
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| 61 | 61 | | 2.29in writing and must be postmarked and sent to the commissioner within 20 calendar days |
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| 62 | 62 | | 2.30after receipt of the correction order by the applicant or license holder or submitted in the |
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| 63 | 63 | | 2.31provider licensing and reporting hub within 20 calendar days from the date the commissioner |
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| 64 | 64 | | 2.32issued the order through the hub, and: |
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| 65 | 65 | | 2.33 (1) specify the parts of the correction order that are alleged to be in error; |
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| 66 | 66 | | 2Sec. 2. |
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| 67 | 67 | | REVISOR DTT/AD 25-0167212/24/24 3.1 (2) explain why they are in error; and |
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| 68 | 68 | | 3.2 (3) include documentation to support the allegation of error. |
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| 69 | 69 | | 3.3 Upon implementation of the provider licensing and reporting hub, the provider must use |
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| 70 | 70 | | 3.4the hub to request reconsideration. A request for reconsideration does not stay any provisions |
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| 71 | 71 | | 3.5or requirements of the correction order. The commissioner's disposition of a request for |
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| 72 | 72 | | 3.6reconsideration is final and not subject to appeal under chapter 14. |
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| 73 | 73 | | 3.7 (b) This paragraph applies only to licensed family child care providers. A licensed family |
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| 74 | 74 | | 3.8child care provider who requests reconsideration of a correction order under paragraph (a) |
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| 75 | 75 | | 3.9may also request, on a form and in the manner prescribed by the commissioner, that the |
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| 76 | 76 | | 3.10commissioner expedite the review if: |
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| 77 | 77 | | 3.11 (1) the provider is challenging a violation and provides a description of how complying |
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| 78 | 78 | | 3.12with the corrective action for that violation would require the substantial expenditure of |
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| 79 | 79 | | 3.13funds or a significant change to their program; and |
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| 80 | 80 | | 3.14 (2) describes what actions the provider will take in lieu of the corrective action ordered |
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| 81 | 81 | | 3.15to ensure the health and safety of children in care pending the commissioner's review of the |
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| 82 | 82 | | 3.16correction order. |
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| 83 | 83 | | 3.17 (c) The commissioner must offer a license holder operating a program licensed under |
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| 84 | 84 | | 3.18both this chapter and chapter 245D alternative dispute resolution services when the license |
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| 85 | 85 | | 3.19holder appeals a correction order. |
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| 86 | 86 | | 3Sec. 2. |
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| 87 | 87 | | REVISOR DTT/AD 25-0167212/24/24 |
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