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