| 293 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 9.1must prohibit the commissioner from authorizing residential support services unless at least |
|---|
| 294 | | - | 9.2all of the following conditions are met: |
|---|
| 295 | | - | 9.3 (1) the individual has complex behavioral health or complex medical needs; and |
|---|
| 296 | | - | 9.4 (2) the individual's service planning team has considered all other available residential |
|---|
| 297 | | - | 9.5service options and determined that those options are inappropriate to meet the individual's |
|---|
| 298 | | - | 9.6support needs. |
|---|
| 299 | | - | 9.7 (c) Nothing in this subdivision shall be construed as permitting the commissioner to |
|---|
| 300 | | - | 9.8establish criteria prohibiting the authorization of residential support services for individuals |
|---|
| 301 | | - | 9.9described in the statewide priorities established in subdivision 12, the transition populations |
|---|
| 302 | | - | 9.10in subdivision 13, and the licensing moratorium exception criteria under section 245A.03, |
|---|
| 303 | | - | 9.11subdivision 7, paragraph (a). |
|---|
| 304 | | - | 9.12 (d) Individuals with active service agreements for residential support services on the |
|---|
| 305 | | - | 9.13date that the criteria for accessing residential support services become effective are exempt |
|---|
| 306 | | - | 9.14from the requirements of this subdivision, and the exemption from the criteria for accessing |
|---|
| 307 | | - | 9.15residential support services continues to apply for renewals of those service agreements. |
|---|
| 308 | | - | 9.16 EFFECTIVE DATE.This section is effective 90 days following federal approval of |
|---|
| 309 | | - | 9.17Laws 2021, First Special Session chapter 7, article 13, section 18. |
|---|
| 310 | | - | 9.18 Sec. 7. Minnesota Statutes 2024, section 256B.49, subdivision 13, is amended to read: |
|---|
| 311 | | - | 9.19 Subd. 13.Case management.(a) Each recipient of a home and community-based waiver |
|---|
| 312 | | - | 9.20shall be provided case management services by qualified vendors as described in the federally |
|---|
| 313 | | - | 9.21approved waiver application. The case management service activities provided must include: |
|---|
| 314 | | - | 9.22 (1) finalizing the person-centered written support plan within the timelines established |
|---|
| 315 | | - | 9.23by the commissioner and section 256B.0911, subdivision 29; |
|---|
| 316 | | - | 9.24 (2) informing the recipient or the recipient's legal guardian or conservator of service |
|---|
| 317 | | - | 9.25options, including all service options available under the waiver plans; |
|---|
| 318 | | - | 9.26 (3) assisting the recipient in the identification of potential service providers of chosen |
|---|
| 319 | | - | 9.27services, including: |
|---|
| 320 | | - | 9.28 (i) available options for case management service and providers; |
|---|
| 321 | | - | 9.29 (ii) providers of services provided in a non-disability-specific setting; |
|---|
| 322 | | - | 9.30 (iii) employment service providers; |
|---|
| 323 | | - | 9Article 1 Sec. 7. |
|---|
| 324 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 10.1 (iv) providers of services provided in settings that are not community residential settings; |
|---|
| 325 | | - | 10.2and |
|---|
| 326 | | - | 10.3 (v) providers of financial management services; |
|---|
| 327 | | - | 10.4 (4) assisting the recipient to access services and assisting with appeals under section |
|---|
| 328 | | - | 10.5256.045; and |
|---|
| 329 | | - | 10.6 (5) coordinating, evaluating, and monitoring of the services identified in the service |
|---|
| 330 | | - | 10.7plan. |
|---|
| 331 | | - | 10.8 (b) The case manager may delegate certain aspects of the case management service |
|---|
| 332 | | - | 10.9activities to another individual provided there is oversight by the case manager. The case |
|---|
| 333 | | - | 10.10manager may not delegate those aspects which require professional judgment including: |
|---|
| 334 | | - | 10.11 (1) finalizing the person-centered support plan; |
|---|
| 335 | | - | 10.12 (2) ongoing assessment and monitoring of the person's needs and adequacy of the |
|---|
| 336 | | - | 10.13approved person-centered support plan; and |
|---|
| 337 | | - | 10.14 (3) adjustments to the person-centered support plan. |
|---|
| 338 | | - | 10.15 (c) Case management services must be provided by a public or private agency that is |
|---|
| 339 | | - | 10.16enrolled as a medical assistance provider determined by the commissioner to meet all of |
|---|
| 340 | | - | 10.17the requirements in the approved federal waiver plans. If a county agency provides case |
|---|
| 341 | | - | 10.18management under contracts with other individuals or agencies and the county agency |
|---|
| 342 | | - | 10.19utilizes a competitive proposal process for the procurement of contracted case management |
|---|
| 343 | | - | 10.20services, the competitive proposal process must include evaluation criteria to ensure that |
|---|
| 344 | | - | 10.21the county maintains a culturally responsive program for case management services adequate |
|---|
| 345 | | - | 10.22to meet the needs of the population of the county. For the purposes of this section, "culturally |
|---|
| 346 | | - | 10.23responsive program" means a case management services program that: (1) ensures effective, |
|---|
| 347 | | - | 10.24equitable, comprehensive, and respectful quality care services that are responsive to |
|---|
| 348 | | - | 10.25individuals within a specific population's values, beliefs, practices, health literacy, preferred |
|---|
| 349 | | - | 10.26language, and other communication needs; and (2) is designed to address the unique needs |
|---|
| 350 | | - | 10.27of individuals who share a common language or racial, ethnic, or social background. |
|---|
| 351 | | - | 10.28 (d) Case management services must not be provided to a recipient by a private agency |
|---|
| 352 | | - | 10.29that has any financial interest in the provision of any other services included in the recipient's |
|---|
| 353 | | - | 10.30support plan. For purposes of this section, "private agency" means any agency that is not |
|---|
| 354 | | - | 10.31identified as a lead agency under section 256B.0911, subdivision 10. |
|---|
| 355 | | - | 10.32 (e) For persons who need a positive support transition plan as required in chapter 245D, |
|---|
| 356 | | - | 10.33the case manager shall participate in the development and ongoing evaluation of the plan |
|---|
| 357 | | - | 10Article 1 Sec. 7. |
|---|
| 358 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 11.1with the expanded support team. At least quarterly, the case manager, in consultation with |
|---|
| 359 | | - | 11.2the expanded support team, shall evaluate the effectiveness of the plan based on progress |
|---|
| 360 | | - | 11.3evaluation data submitted by the licensed provider to the case manager. The evaluation must |
|---|
| 361 | | - | 11.4identify whether the plan has been developed and implemented in a manner to achieve the |
|---|
| 362 | | - | 11.5following within the required timelines: |
|---|
| 363 | | - | 11.6 (1) phasing out the use of prohibited procedures; |
|---|
| 364 | | - | 11.7 (2) acquisition of skills needed to eliminate the prohibited procedures within the plan's |
|---|
| 365 | | - | 11.8timeline; and |
|---|
| 366 | | - | 11.9 (3) accomplishment of identified outcomes. |
|---|
| 367 | | - | 11.10If adequate progress is not being made, the case manager shall consult with the person's |
|---|
| 368 | | - | 11.11expanded support team to identify needed modifications and whether additional professional |
|---|
| 369 | | - | 11.12support is required to provide consultation. |
|---|
| 370 | | - | 11.13 (f) The Department of Human Services shall offer ongoing education in case management |
|---|
| 371 | | - | 11.14to case managers. Case managers shall receive no less than 20 hours of case management |
|---|
| 372 | | - | 11.15education and disability-related training each year. The education and training must include |
|---|
| 373 | | - | 11.16person-centered planning, informed choice, informed decision making, cultural competency, |
|---|
| 374 | | - | 11.17employment planning, community living planning, self-direction options, and use of |
|---|
| 375 | | - | 11.18technology supports. Case managers must annually complete an informed choice curriculum |
|---|
| 376 | | - | 11.19and pass a competency evaluation, in a form determined by the commissioner, on informed |
|---|
| 377 | | - | 11.20decision-making standards. By August 1, 2024, all case managers must complete an |
|---|
| 378 | | - | 11.21employment support training course identified by the commissioner of human services. For |
|---|
| 379 | | - | 11.22case managers hired after August 1, 2024, this training must be completed within the first |
|---|
| 380 | | - | 11.23six months of providing case management services. For the purposes of this section, |
|---|
| 381 | | - | 11.24"person-centered planning" or "person-centered" has the meaning given in section 256B.0911, |
|---|
| 382 | | - | 11.25subdivision 10. Case managers shall document completion of training in a system identified |
|---|
| 383 | | - | 11.26by the commissioner. |
|---|
| 384 | | - | 11.27 EFFECTIVE DATE.This section is effective August 1, 2025. |
|---|
| 385 | | - | 11.28Sec. 8. Minnesota Statutes 2024, section 256B.49, subdivision 29, is amended to read: |
|---|
| 386 | | - | 11.29 Subd. 29.Residential support services criteria.(a) For the purposes of this subdivision, |
|---|
| 387 | | - | 11.30"residential support services" means the following residential support services reimbursed |
|---|
| 388 | | - | 11.31under section 256B.4914: community residential services, customized living services, and |
|---|
| 389 | | - | 11.3224-hour customized living services. |
|---|
| 390 | | - | 11Article 1 Sec. 8. |
|---|
| 391 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 12.1 (b) In order to increase independent living options for people with disabilities and in |
|---|
| 392 | | - | 12.2accordance with section 256B.4905, subdivisions 3 and 4 7 and 8, and consistent with |
|---|
| 393 | | - | 12.3section 245A.03, subdivision 7, the commissioner must establish and implement criteria to |
|---|
| 394 | | - | 12.4access residential support services. The criteria for accessing residential support services |
|---|
| 395 | | - | 12.5must prohibit the commissioner from authorizing residential support services unless at least |
|---|
| 396 | | - | 12.6all of the following conditions are met: |
|---|
| 397 | | - | 12.7 (1) the individual has complex behavioral health or complex medical needs; and |
|---|
| 398 | | - | 12.8 (2) the individual's service planning team has considered all other available residential |
|---|
| 399 | | - | 12.9service options and determined that those options are inappropriate to meet the individual's |
|---|
| 400 | | - | 12.10support needs. |
|---|
| 401 | | - | 12.11 (c) Nothing in this subdivision shall be construed as permitting the commissioner to |
|---|
| 402 | | - | 12.12establish criteria prohibiting the authorization of residential support services for individuals |
|---|
| 403 | | - | 12.13described in the statewide priorities established in subdivision 12 11a, the transition |
|---|
| 404 | | - | 12.14populations in subdivision 13 24, and the licensing moratorium exception criteria under |
|---|
| 405 | | - | 12.15section 245A.03, subdivision 7, paragraph (a). |
|---|
| 406 | | - | 12.16 (c) (d) Individuals with active service agreements for residential support services on the |
|---|
| 407 | | - | 12.17date that the criteria for accessing residential support services become effective are exempt |
|---|
| 408 | | - | 12.18from the requirements of this subdivision, and the exemption from the criteria for accessing |
|---|
| 409 | | - | 12.19residential support services continues to apply for renewals of those service agreements. |
|---|
| 410 | | - | 12.20 EFFECTIVE DATE.This section is effective 90 days following federal approval of |
|---|
| 411 | | - | 12.21Laws 2021, First Special Session chapter 7, article 13, section 30. |
|---|
| 412 | | - | 12.22Sec. 9. Minnesota Statutes 2024, section 256B.4911, subdivision 6, is amended to read: |
|---|
| 413 | | - | 12.23 Subd. 6.Services provided by parents and spouses.(a) This subdivision limits medical |
|---|
| 414 | | - | 12.24assistance payments under the consumer-directed community supports option for personal |
|---|
| 415 | | - | 12.25assistance services provided by a parent to the parent's minor child or by a participant's |
|---|
| 416 | | - | 12.26spouse. This subdivision applies to the consumer-directed community supports option |
|---|
| 417 | | - | 12.27available under all of the following: |
|---|
| 418 | | - | 12.28 (1) alternative care program; |
|---|
| 419 | | - | 12.29 (2) brain injury waiver; |
|---|
| 420 | | - | 12.30 (3) community alternative care waiver; |
|---|
| 421 | | - | 12.31 (4) community access for disability inclusion waiver; |
|---|
| 422 | | - | 12.32 (5) developmental disabilities waiver; and |
|---|
| 423 | | - | 12Article 1 Sec. 9. |
|---|
| 424 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 13.1 (6) elderly waiver. |
|---|
| 425 | | - | 13.2 (b) For the purposes of this subdivision, "parent" means a parent, stepparent, or legal |
|---|
| 426 | | - | 13.3guardian of a minor. |
|---|
| 427 | | - | 13.4 (c) If multiple parents are providing personal assistance services to their minor child or |
|---|
| 428 | | - | 13.5children, each parent may provide up to 40 hours of personal assistance services in any |
|---|
| 429 | | - | 13.6seven-day period regardless of the number of children served. The total number of hours |
|---|
| 430 | | - | 13.7of medical assistance home and community-based services provided by all of the parents |
|---|
| 431 | | - | 13.8must not exceed 80 hours in a seven-day period regardless of the number of children served. |
|---|
| 432 | | - | 13.9 (d) If only one parent is providing personal assistance services to a minor child or |
|---|
| 433 | | - | 13.10children, the parent may provide up to 60 hours of medical assistance home and |
|---|
| 434 | | - | 13.11community-based services in a seven-day period regardless of the number of children served. |
|---|
| 435 | | - | 13.12 (e) Subject to the hour limits in paragraphs (c) and (d), a parent may provide personal |
|---|
| 436 | | - | 13.13assistance services to a minor child while traveling temporarily out of state if the minor |
|---|
| 437 | | - | 13.14child has an assessed activity of daily living dependency requiring supervision, direction, |
|---|
| 438 | | - | 13.15cueing, or hands-on assistance. |
|---|
| 439 | | - | 13.16 (f) If a participant's spouse is providing personal assistance services, the spouse may |
|---|
| 440 | | - | 13.17provide up to 60 hours of medical assistance home and community-based services in a |
|---|
| 441 | | - | 13.18seven-day period. |
|---|
| 442 | | - | 13.19 (f) (g) This subdivision must not be construed to permit an increase in the total authorized |
|---|
| 443 | | - | 13.20consumer-directed community supports budget for an individual. |
|---|
| 444 | | - | 13.21Sec. 10. Minnesota Statutes 2024, section 256B.4914, subdivision 10a, is amended to |
|---|
| 445 | | - | 13.22read: |
|---|
| 446 | | - | 13.23 Subd. 10a.Reporting and analysis of cost data.(a) The commissioner must ensure |
|---|
| 447 | | - | 13.24that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the |
|---|
| 448 | | - | 13.25service. As determined by the commissioner, in consultation with stakeholders identified |
|---|
| 449 | | - | 13.26in subdivision 17, a provider enrolled to provide services with rates determined under this |
|---|
| 450 | | - | 13.27section must submit requested cost data to the commissioner to support research on the cost |
|---|
| 451 | | - | 13.28of providing services that have rates determined by the disability waiver rates system. |
|---|
| 452 | | - | 13.29Requested cost data may include, but is not limited to: |
|---|
| 453 | | - | 13.30 (1) worker wage costs; |
|---|
| 454 | | - | 13.31 (2) benefits paid; |
|---|
| 455 | | - | 13.32 (3) supervisor wage costs; |
|---|
| 456 | | - | 13Article 1 Sec. 10. |
|---|
| 457 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 14.1 (4) executive wage costs; |
|---|
| 458 | | - | 14.2 (5) vacation, sick, and training time paid; |
|---|
| 459 | | - | 14.3 (6) taxes, workers' compensation, and unemployment insurance costs paid; |
|---|
| 460 | | - | 14.4 (7) administrative costs paid; |
|---|
| 461 | | - | 14.5 (8) program costs paid; |
|---|
| 462 | | - | 14.6 (9) transportation costs paid; |
|---|
| 463 | | - | 14.7 (10) vacancy rates; and |
|---|
| 464 | | - | 14.8 (11) other data relating to costs required to provide services requested by the |
|---|
| 465 | | - | 14.9commissioner. |
|---|
| 466 | | - | 14.10 (b) At least once in any five-year period, a provider must submit cost data for a fiscal |
|---|
| 467 | | - | 14.11year that ended not more than 18 months prior to the submission date. The commissioner |
|---|
| 468 | | - | 14.12shall provide each provider a 90-day notice prior to its submission due date. If a provider |
|---|
| 469 | | - | 14.13fails to submit required reporting data, the commissioner shall provide notice to providers |
|---|
| 470 | | - | 14.14that have not provided required data 30 days after the required submission date, and a second |
|---|
| 471 | | - | 14.15notice for providers who have not provided required data 60 days after the required |
|---|
| 472 | | - | 14.16submission date. The commissioner shall temporarily suspend payments to the provider if |
|---|
| 473 | | - | 14.17cost data is not received 90 days after the required submission date. Withheld payments |
|---|
| 474 | | - | 14.18shall be made once data is received by the commissioner. |
|---|
| 475 | | - | 14.19 (c) The commissioner shall conduct a random validation of data submitted under |
|---|
| 476 | | - | 14.20paragraph (a) to ensure data accuracy. The commissioner shall analyze cost documentation |
|---|
| 477 | | - | 14.21in paragraph (a) and provide recommendations for adjustments to cost components. |
|---|
| 478 | | - | 14.22 (d) The commissioner shall analyze cost data submitted under paragraph (a). The |
|---|
| 479 | | - | 14.23commissioner shall release cost data in an aggregate form. Cost data from individual |
|---|
| 480 | | - | 14.24providers must not be released except as provided for in current law. |
|---|
| 481 | | - | 14.25 (e) Beginning January 1, 2029, the commissioner shall use data collected in paragraph |
|---|
| 482 | | - | 14.26(a) to determine the compliance with requirements identified under subdivision 10d. The |
|---|
| 483 | | - | 14.27commissioner shall identify providers who have not met the thresholds identified under |
|---|
| 484 | | - | 14.28subdivision 10d on the Department of Human Services website for the year for which the |
|---|
| 485 | | - | 14.29providers reported their costs. |
|---|
| 486 | | - | 14.30 EFFECTIVE DATE.This section is effective retroactively from January 1, 2025. |
|---|
| 487 | | - | 14Article 1 Sec. 10. |
|---|
| 488 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 15.1 Sec. 11. Minnesota Statutes 2024, section 256B.4914, subdivision 10d, is amended to |
|---|
| 489 | | - | 15.2read: |
|---|
| 490 | | - | 15.3 Subd. 10d.Direct care staff; compensation.(a) A provider paid with rates determined |
|---|
| 491 | | - | 15.4under subdivision 6 must use a minimum of 66 percent of the revenue generated by rates |
|---|
| 492 | | - | 15.5determined under that subdivision for direct care staff compensation. |
|---|
| 493 | | - | 15.6 (b) A provider paid with rates determined under subdivision 7 must use a minimum of |
|---|
| 494 | | - | 15.745 percent of the revenue generated by rates determined under that subdivision for direct |
|---|
| 495 | | - | 15.8care staff compensation. |
|---|
| 496 | | - | 15.9 (c) A provider paid with rates determined under subdivision 8 or 9 must use a minimum |
|---|
| 497 | | - | 15.10of 60 percent of the revenue generated by rates determined under those subdivisions for |
|---|
| 498 | | - | 15.11direct care staff compensation. |
|---|
| 499 | | - | 15.12 (d) Compensation under this subdivision includes: |
|---|
| 500 | | - | 15.13 (1) wages; |
|---|
| 501 | | - | 15.14 (2) taxes and workers' compensation; |
|---|
| 502 | | - | 15.15 (3) health insurance; |
|---|
| 503 | | - | 15.16 (4) dental insurance; |
|---|
| 504 | | - | 15.17 (5) vision insurance; |
|---|
| 505 | | - | 15.18 (6) life insurance; |
|---|
| 506 | | - | 15.19 (7) short-term disability insurance; |
|---|
| 507 | | - | 15.20 (8) long-term disability insurance; |
|---|
| 508 | | - | 15.21 (9) retirement spending; |
|---|
| 509 | | - | 15.22 (10) tuition reimbursement; |
|---|
| 510 | | - | 15.23 (11) wellness programs; |
|---|
| 511 | | - | 15.24 (12) paid vacation time; |
|---|
| 512 | | - | 15.25 (13) paid sick time; or |
|---|
| 513 | | - | 15.26 (14) other items of monetary value provided to direct care staff. |
|---|
| 514 | | - | 15.27 (e) This subdivision does not apply to a provider licensed as an assisted living facility |
|---|
| 515 | | - | 15.28by the commissioner of health under chapter 144G. |
|---|
| 516 | | - | 15Article 1 Sec. 11. |
|---|
| 517 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 16.1 (f) This subdivision is effective January 1, 2029, and applies to services provided on or |
|---|
| 518 | | - | 16.2after that date. |
|---|
| 519 | | - | 16.3 EFFECTIVE DATE.This section is effective retroactively from January 1, 2025. |
|---|
| 520 | | - | 16.4 Sec. 12. Minnesota Statutes 2024, section 256R.38, is amended to read: |
|---|
| 521 | | - | 16.5 256R.38 PERFORMANCE-BASED INCENTIVE PAYMENTS. |
|---|
| 522 | | - | 16.6 The commissioner shall develop additional incentive-based payments of up to five |
|---|
| 523 | | - | 16.7percent above a facility's operating payment rate for achieving outcomes specified in a |
|---|
| 524 | | - | 16.8contract. The commissioner may solicit proposals and select those which, on a competitive |
|---|
| 525 | | - | 16.9basis, best meet the state's policy objectives. The commissioner shall limit the amount of |
|---|
| 526 | | - | 16.10any incentive payment and the number of contract amendments under this section to operate |
|---|
| 527 | | - | 16.11the incentive payments within funds appropriated for this purpose. The commissioner shall |
|---|
| 528 | | - | 16.12approve proposals through a memorandum of understanding which shall specify various |
|---|
| 529 | | - | 16.13levels of payment for various levels of performance. Incentive payments to facilities under |
|---|
| 530 | | - | 16.14this section shall be in the form of time-limited rate adjustments which shall be included in |
|---|
| 531 | | - | 16.15the external fixed costs payment rate under section 256R.25. In establishing the specified |
|---|
| 532 | | - | 16.16outcomes and related criteria, the commissioner shall consider the following state policy |
|---|
| 533 | | - | 16.17objectives: |
|---|
| 534 | | - | 16.18 (1) successful diversion or discharge of residents to the residents' prior home or other |
|---|
| 535 | | - | 16.19community-based alternatives; |
|---|
| 536 | | - | 16.20 (2) adoption of new technology to improve quality or efficiency; |
|---|
| 537 | | - | 16.21 (3) improved quality as measured in the Minnesota Nursing Home Report Card; |
|---|
| 538 | | - | 16.22 (4) reduced acute care costs; and |
|---|
| 539 | | - | 16.23 (5) any additional outcomes proposed by a nursing facility that the commissioner finds |
|---|
| 540 | | - | 16.24desirable. |
|---|
| 541 | | - | 16.25Sec. 13. Minnesota Statutes 2024, section 256R.40, subdivision 5, is amended to read: |
|---|
| 542 | | - | 16.26 Subd. 5.Planned closure rate adjustment.(a) The commissioner shall calculate the |
|---|
| 543 | | - | 16.27amount of the planned closure rate adjustment available under subdivision 6 according to |
|---|
| 544 | | - | 16.28clauses (1) to (4): |
|---|
| 545 | | - | 16.29 (1) the amount available is the net reduction of nursing facility beds multiplied by $2,080; |
|---|
| 546 | | - | 16.30 (2) the total number of beds in the nursing facility or facilities receiving the planned |
|---|
| 547 | | - | 16.31closure rate adjustment must be identified; |
|---|
| 548 | | - | 16Article 1 Sec. 13. |
|---|
| 549 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 17.1 (3) capacity days are determined by multiplying the number determined under clause |
|---|
| 550 | | - | 17.2(2) by 365; and |
|---|
| 551 | | - | 17.3 (4) the planned closure rate adjustment is the amount available in clause (1), divided by |
|---|
| 552 | | - | 17.4capacity days determined under clause (3). |
|---|
| 553 | | - | 17.5 (b) A planned closure rate adjustment under this section is effective on the first day of |
|---|
| 554 | | - | 17.6the month of January or July, whichever occurs immediately following completion of closure |
|---|
| 555 | | - | 17.7of the facility designated for closure in the application and becomes part of the nursing |
|---|
| 556 | | - | 17.8facility's external fixed costs payment rate. |
|---|
| 557 | | - | 17.9 (c) Upon the request of a closing facility, the commissioner must allow the facility a |
|---|
| 558 | | - | 17.10closure rate adjustment as provided under section 144A.161, subdivision 10. |
|---|
| 559 | | - | 17.11 (d) A facility that has received a planned closure rate adjustment may reassign it to |
|---|
| 560 | | - | 17.12another facility that is under the same ownership at any time within three years of its effective |
|---|
| 561 | | - | 17.13date. The amount of the adjustment is computed according to paragraph (a). |
|---|
| 562 | | - | 17.14 (e) If the per bed dollar amount specified in paragraph (a), clause (1), is increased, the |
|---|
| 563 | | - | 17.15commissioner shall recalculate planned closure rate adjustments for facilities that delicense |
|---|
| 564 | | - | 17.16beds under this section on or after July 1, 2001, to reflect the increase in the per bed dollar |
|---|
| 565 | | - | 17.17amount. The recalculated planned closure rate adjustment is effective from the date the per |
|---|
| 566 | | - | 17.18bed dollar amount is increased. |
|---|
| 567 | | - | 17.19Sec. 14. DIRECTION TO COMMISSIONER; NOTICE OF ACTION REVISION. |
|---|
| 568 | | - | 17.20 By July 1, 2025, the commissioner of human services shall review and make changes |
|---|
| 569 | | - | 17.21to the Notice of Action form to incorporate the long-term care decision review process in |
|---|
| 570 | | - | 17.22Minnesota Statutes, section 256B.0909. |
|---|
| 571 | | - | 17.23 ARTICLE 2 |
|---|
| 572 | | - | 17.24 DEPARTMENT OF HEALTH POLICY |
|---|
| 573 | | - | 17.25Section 1. Minnesota Statutes 2024, section 144.0724, subdivision 2, is amended to read: |
|---|
| 574 | | - | 17.26 Subd. 2.Definitions.For purposes of this section, the following terms have the meanings |
|---|
| 575 | | - | 17.27given. |
|---|
| 576 | | - | 17.28 (a) "Assessment reference date" or "ARD" means the specific end point for look-back |
|---|
| 577 | | - | 17.29periods in the MDS assessment process. This look-back period is also called the observation |
|---|
| 578 | | - | 17.30or assessment period. |
|---|
| 579 | | - | 17Article 2 Section 1. |
|---|
| 580 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 18.1 (b) "Case mix index" means the weighting factors assigned to the case mix reimbursement |
|---|
| 581 | | - | 18.2classifications determined by an assessment. |
|---|
| 582 | | - | 18.3 (c) "Index maximization" means classifying a resident who could be assigned to more |
|---|
| 583 | | - | 18.4than one category, to the category with the highest case mix index. |
|---|
| 584 | | - | 18.5 (d) "Minimum Data Set" or "MDS" means a core set of screening, clinical assessment, |
|---|
| 585 | | - | 18.6and functional status elements, that include common definitions and coding categories |
|---|
| 586 | | - | 18.7specified by the Centers for Medicare and Medicaid Services and designated by the |
|---|
| 587 | | - | 18.8Department of Health. |
|---|
| 588 | | - | 18.9 (e) "Representative" means a person who is the resident's guardian or conservator, the |
|---|
| 589 | | - | 18.10person authorized to pay the nursing home expenses of the resident, a representative of the |
|---|
| 590 | | - | 18.11Office of Ombudsman for Long-Term Care whose assistance has been requested, or any |
|---|
| 591 | | - | 18.12other individual designated by the resident. |
|---|
| 592 | | - | 18.13 (f) "Activities of daily living" or "ADL" includes personal hygiene, dressing, bathing, |
|---|
| 593 | | - | 18.14transferring, bed mobility, locomotion, eating, and toileting. |
|---|
| 594 | | - | 18.15 (g) "Patient Driven Payment Model" or "PDPM" means a case mix classification system |
|---|
| 595 | | - | 18.16for residents in nursing facilities based on the resident's condition, resident's diagnosis, and |
|---|
| 596 | | - | 18.17the care the resident is receiving based on data supplied in the facility's MDS for assessments |
|---|
| 597 | | - | 18.18with an ARD on or after October 1, 2025. |
|---|
| 598 | | - | 18.19 (g) (h) "Nursing facility level of care determination" means the assessment process that |
|---|
| 599 | | - | 18.20results in a determination of a resident's or prospective resident's need for nursing facility |
|---|
| 600 | | - | 18.21level of care as established in subdivision 11 for purposes of medical assistance payment |
|---|
| 601 | | - | 18.22of long-term care services for: |
|---|
| 602 | | - | 18.23 (1) nursing facility services under chapter 256R; |
|---|
| 603 | | - | 18.24 (2) elderly waiver services under chapter 256S; |
|---|
| 604 | | - | 18.25 (3) CADI and BI waiver services under section 256B.49; and |
|---|
| 605 | | - | 18.26 (4) state payment of alternative care services under section 256B.0913. |
|---|
| 606 | | - | 18.27 (i) "Resource utilization group" or "RUG" means a system for grouping a nursing facility's |
|---|
| 607 | | - | 18.28residents according to the resident's clinical and functional status identified in data supplied |
|---|
| 608 | | - | 18.29by the facility's minimum data set with an ARD before September 30, 2025. |
|---|
| 609 | | - | 18Article 2 Section 1. |
|---|
| 610 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 19.1 Sec. 2. Minnesota Statutes 2024, section 144.0724, subdivision 3a, is amended to read: |
|---|
| 611 | | - | 19.2 Subd. 3a.Resident case mix reimbursement classifications.(a) Resident case mix |
|---|
| 612 | | - | 19.3reimbursement classifications shall be based on the Minimum Data Set, version 3.0 |
|---|
| 613 | | - | 19.4assessment instrument, or its successor version mandated by the Centers for Medicare and |
|---|
| 614 | | - | 19.5Medicaid Services that nursing facilities are required to complete for all residents. Case |
|---|
| 615 | | - | 19.6mix reimbursement classifications shall also be based on assessments required under |
|---|
| 616 | | - | 19.7subdivision 4. Assessments must be completed according to the Long Term Care Facility |
|---|
| 617 | | - | 19.8Resident Assessment Instrument User's Manual Version 3.0 or a successor manual issued |
|---|
| 618 | | - | 19.9by the Centers for Medicare and Medicaid Services. On or before September 30, 2025, the |
|---|
| 619 | | - | 19.10optional state assessment must be completed according to the OSA Manual Version 1.0 v.2. |
|---|
| 620 | | - | 19.11 (b) Each resident must be classified based on the information from the Minimum Data |
|---|
| 621 | | - | 19.12Set according to the general categories issued by the Minnesota Department of Health, |
|---|
| 622 | | - | 19.13utilized for reimbursement purposes. |
|---|
| 623 | | - | 19.14Sec. 3. Minnesota Statutes 2024, section 144.0724, subdivision 4, is amended to read: |
|---|
| 624 | | - | 19.15 Subd. 4.Resident assessment schedule.(a) A facility must conduct and electronically |
|---|
| 625 | | - | 19.16submit to the federal database MDS assessments that conform with the assessment schedule |
|---|
| 626 | | - | 19.17defined by the Long Term Care Facility Resident Assessment Instrument User's Manual, |
|---|
| 627 | | - | 19.18version 3.0, or its successor issued by the Centers for Medicare and Medicaid Services. The |
|---|
| 628 | | - | 19.19commissioner of health may substitute successor manuals or question and answer documents |
|---|
| 629 | | - | 19.20published by the United States Department of Health and Human Services, Centers for |
|---|
| 630 | | - | 19.21Medicare and Medicaid Services, to replace or supplement the current version of the manual |
|---|
| 631 | | - | 19.22or document. |
|---|
| 632 | | - | 19.23 (b) The assessments required under the Omnibus Budget Reconciliation Act of 1987 |
|---|
| 633 | | - | 19.24(OBRA) used to determine a case mix reimbursement classification include: |
|---|
| 634 | | - | 19.25 (1) a new admission comprehensive assessment, which must have an assessment reference |
|---|
| 635 | | - | 19.26date (ARD) within 14 calendar days after admission, excluding readmissions; |
|---|
| 636 | | - | 19.27 (2) an annual comprehensive assessment, which must have an ARD within 92 days of |
|---|
| 637 | | - | 19.28a previous quarterly review assessment or a previous comprehensive assessment, which |
|---|
| 638 | | - | 19.29must occur at least once every 366 days; |
|---|
| 639 | | - | 19.30 (3) a significant change in status comprehensive assessment, which must have an ARD |
|---|
| 640 | | - | 19.31within 14 days after the facility determines, or should have determined, that there has been |
|---|
| 641 | | - | 19.32a significant change in the resident's physical or mental condition, whether an improvement |
|---|
| 642 | | - | 19.33or a decline, and regardless of the amount of time since the last comprehensive assessment |
|---|
| 643 | | - | 19Article 2 Sec. 3. |
|---|
| 644 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 20.1or quarterly review assessment. Effective October 1, 2025, a significant change in status |
|---|
| 645 | | - | 20.2assessment is also required when isolation for an infectious disease has ended. If isolation |
|---|
| 646 | | - | 20.3was not coded on the most recent OBRA assessment completed, then the significant change |
|---|
| 647 | | - | 20.4in status assessment is not required. The ARD of this assessment must be set on day 15 after |
|---|
| 648 | | - | 20.5isolation has ended; |
|---|
| 649 | | - | 20.6 (4) a quarterly review assessment must have an ARD within 92 days of the ARD of the |
|---|
| 650 | | - | 20.7previous quarterly review assessment or a previous comprehensive assessment; |
|---|
| 651 | | - | 20.8 (5) any significant correction to a prior comprehensive assessment, if the assessment |
|---|
| 652 | | - | 20.9being corrected is the current one being used for reimbursement classification; |
|---|
| 653 | | - | 20.10 (6) any significant correction to a prior quarterly review assessment, if the assessment |
|---|
| 654 | | - | 20.11being corrected is the current one being used for reimbursement classification; and |
|---|
| 655 | | - | 20.12 (7) any modifications to the most recent assessments under clauses (1) to (6). |
|---|
| 656 | | - | 20.13 (c) On or before September 30, 2025, the optional state assessment must accompany all |
|---|
| 657 | | - | 20.14OBRA assessments. The optional state assessment is also required to determine |
|---|
| 658 | | - | 20.15reimbursement when: |
|---|
| 659 | | - | 20.16 (1) all speech, occupational, and physical therapies have ended. If the most recent optional |
|---|
| 660 | | - | 20.17state assessment completed does not result in a rehabilitation case mix reimbursement |
|---|
| 661 | | - | 20.18classification, then the optional state assessment is not required. The ARD of this assessment |
|---|
| 662 | | - | 20.19must be set on day eight after all therapy services have ended; and |
|---|
| 663 | | - | 20.20 (2) isolation for an infectious disease has ended. If isolation was not coded on the most |
|---|
| 664 | | - | 20.21recent optional state assessment completed, then the optional state assessment is not required. |
|---|
| 665 | | - | 20.22The ARD of this assessment must be set on day 15 after isolation has ended. |
|---|
| 666 | | - | 20.23 (d) In addition to the assessments listed in paragraphs (b) and (c), the assessments used |
|---|
| 667 | | - | 20.24to determine nursing facility level of care include the following: |
|---|
| 668 | | - | 20.25 (1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by |
|---|
| 669 | | - | 20.26the Senior LinkAge Line or other organization under contract with the Minnesota Board on |
|---|
| 670 | | - | 20.27Aging; and |
|---|
| 671 | | - | 20.28 (2) a nursing facility level of care determination as provided for under section 256B.0911, |
|---|
| 672 | | - | 20.29subdivision 26, as part of a face-to-face long-term care consultation assessment completed |
|---|
| 673 | | - | 20.30under section 256B.0911, by a county, tribe, or managed care organization under contract |
|---|
| 674 | | - | 20.31with the Department of Human Services. |
|---|
| 675 | | - | 20Article 2 Sec. 3. |
|---|
| 676 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 21.1 Sec. 4. Minnesota Statutes 2024, section 144.0724, subdivision 9, is amended to read: |
|---|
| 677 | | - | 21.2 Subd. 9.Audit authority.(a) The commissioner shall audit the accuracy of resident |
|---|
| 678 | | - | 21.3assessments performed under section 256R.17 through any of the following: desk audits; |
|---|
| 679 | | - | 21.4on-site review of residents and their records; and interviews with staff, residents, or residents' |
|---|
| 680 | | - | 21.5families. The commissioner shall reclassify a resident if the commissioner determines that |
|---|
| 681 | | - | 21.6the resident was incorrectly classified. |
|---|
| 682 | | - | 21.7 (b) The commissioner is authorized to conduct on-site audits on an unannounced basis. |
|---|
| 683 | | - | 21.8 (c) A facility must grant the commissioner access to examine the medical records relating |
|---|
| 684 | | - | 21.9to the resident assessments selected for audit under this subdivision. The commissioner may |
|---|
| 685 | | - | 21.10also observe and speak to facility staff and residents. |
|---|
| 686 | | - | 21.11 (d) The commissioner shall consider documentation under the time frames for coding |
|---|
| 687 | | - | 21.12items on the minimum data set as set out in the Long-Term Care Facility Resident Assessment |
|---|
| 688 | | - | 21.13Instrument User's Manual or on or before September 30, 2025, the OSA Manual version |
|---|
| 689 | | - | 21.141.0 v.2 published by the Centers for Medicare and Medicaid Services. |
|---|
| 690 | | - | 21.15 (e) The commissioner shall develop an audit selection procedure that includes the |
|---|
| 691 | | - | 21.16following factors: |
|---|
| 692 | | - | 21.17 (1) Each facility shall be audited annually. If a facility has two successive audits in which |
|---|
| 693 | | - | 21.18the percentage of change is five percent or less and the facility has not been the subject of |
|---|
| 694 | | - | 21.19a special audit in the past 36 months, the facility may be audited biannually. A stratified |
|---|
| 695 | | - | 21.20sample of 15 percent, with a minimum of ten assessments, of the most current assessments |
|---|
| 696 | | - | 21.21shall be selected for audit. If more than 20 percent of the case mix reimbursement |
|---|
| 697 | | - | 21.22classifications are changed as a result of the audit, the audit shall be expanded to a second |
|---|
| 698 | | - | 21.2315 percent sample, with a minimum of ten assessments. If the total change between the first |
|---|
| 699 | | - | 21.24and second samples is 35 percent or greater, the commissioner may expand the audit to all |
|---|
| 700 | | - | 21.25of the remaining assessments. |
|---|
| 701 | | - | 21.26 (2) If a facility qualifies for an expanded audit, the commissioner may audit the facility |
|---|
| 702 | | - | 21.27again within six months. If a facility has two expanded audits within a 24-month period, |
|---|
| 703 | | - | 21.28that facility will be audited at least every six months for the next 18 months. |
|---|
| 704 | | - | 21.29 (3) The commissioner may conduct special audits if the commissioner determines that |
|---|
| 705 | | - | 21.30circumstances exist that could alter or affect the validity of case mix reimbursement |
|---|
| 706 | | - | 21.31classifications of residents. These circumstances include, but are not limited to, the following: |
|---|
| 707 | | - | 21.32 (i) frequent changes in the administration or management of the facility; |
|---|
| 708 | | - | 21Article 2 Sec. 4. |
|---|
| 709 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 22.1 (ii) an unusually high percentage of residents in a specific case mix reimbursement |
|---|
| 710 | | - | 22.2classification; |
|---|
| 711 | | - | 22.3 (iii) a high frequency in the number of reconsideration requests received from a facility; |
|---|
| 712 | | - | 22.4 (iv) frequent adjustments of case mix reimbursement classifications as the result of |
|---|
| 713 | | - | 22.5reconsiderations or audits; |
|---|
| 714 | | - | 22.6 (v) a criminal indictment alleging provider fraud; |
|---|
| 715 | | - | 22.7 (vi) other similar factors that relate to a facility's ability to conduct accurate assessments; |
|---|
| 716 | | - | 22.8 (vii) an atypical pattern of scoring minimum data set items; |
|---|
| 717 | | - | 22.9 (viii) nonsubmission of assessments; |
|---|
| 718 | | - | 22.10 (ix) late submission of assessments; or |
|---|
| 719 | | - | 22.11 (x) a previous history of audit changes of 35 percent or greater. |
|---|
| 720 | | - | 22.12 (f) If the audit results in a case mix reimbursement classification change, the |
|---|
| 721 | | - | 22.13commissioner must transmit the audit classification notice by electronic means to the nursing |
|---|
| 722 | | - | 22.14facility within 15 business days of completing an audit. The nursing facility is responsible |
|---|
| 723 | | - | 22.15for distribution of the notice to each resident or the resident's representative. This notice |
|---|
| 724 | | - | 22.16must be distributed by the nursing facility within three business days after receipt. The |
|---|
| 725 | | - | 22.17notice must inform the resident of the case mix reimbursement classification assigned, the |
|---|
| 726 | | - | 22.18opportunity to review the documentation supporting the classification, the opportunity to |
|---|
| 727 | | - | 22.19obtain clarification from the commissioner, the opportunity to request a reconsideration of |
|---|
| 728 | | - | 22.20the classification, and the address and telephone number of the Office of Ombudsman for |
|---|
| 729 | | - | 22.21Long-Term Care. |
|---|
| 730 | | - | 22.22Sec. 5. Minnesota Statutes 2024, section 144.651, subdivision 10a, is amended to read: |
|---|
| 731 | | - | 22.23 Subd. 10a.Designated support person for pregnant patient or other patient.(a) |
|---|
| 732 | | - | 22.24Subject to paragraph (c), a health care provider and a health care facility must allow, at a |
|---|
| 733 | | - | 22.25minimum, one designated support person chosen by a patient, including but not limited to |
|---|
| 734 | | - | 22.26a pregnant patient, to be physically present while the patient is receiving health care services |
|---|
| 735 | | - | 22.27including during a hospital stay. Subject to paragraph (c), a facility must allow, at a minimum, |
|---|
| 736 | | - | 22.28one designated support person chosen by the resident to be physically present with the |
|---|
| 737 | | - | 22.29resident at times of the resident's choosing while the resident resides at the facility. |
|---|
| 738 | | - | 22.30 (b) For purposes of this subdivision, "designated support person" means any person |
|---|
| 739 | | - | 22.31chosen by the patient or resident to provide comfort to the patient or resident, including but |
|---|
| 740 | | - | 22.32not limited to the patient's or resident's spouse, partner, family member, or another person |
|---|
| 741 | | - | 22Article 2 Sec. 5. |
|---|
| 742 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 23.1related by affinity. Certified doulas and traditional midwives may not be counted toward |
|---|
| 743 | | - | 23.2the limit of one designated support person. |
|---|
| 744 | | - | 23.3 (c) A facility may restrict or prohibit the presence of a designated support person in |
|---|
| 745 | | - | 23.4treatment rooms, procedure rooms, and operating rooms when such a restriction or prohibition |
|---|
| 746 | | - | 23.5is strictly necessary to meet the appropriate standard of care. A facility may also restrict or |
|---|
| 747 | | - | 23.6prohibit the presence of a designated support person if the designated support person is |
|---|
| 748 | | - | 23.7acting in a violent or threatening manner toward others. Any restriction or prohibition of a |
|---|
| 749 | | - | 23.8designated support person by the facility is subject to the facility's written internal grievance |
|---|
| 750 | | - | 23.9procedure required by subdivision 20. |
|---|
| 751 | | - | 23.10 (d) This subdivision does not apply to a patient or resident at a state-operated treatment |
|---|
| 752 | | - | 23.11program as defined in section 253B.02, subdivision 18d. |
|---|
| 753 | | - | 23.12Sec. 6. Minnesota Statutes 2024, section 144A.61, is amended by adding a subdivision to |
|---|
| 754 | | - | 23.13read: |
|---|
| 755 | | - | 23.14 Subd. 3b.Commissioner approval of curricula for medication administration.The |
|---|
| 756 | | - | 23.15commissioner of health must review and approve curricula that meet the requirements in |
|---|
| 757 | | - | 23.16Minnesota Rules, part 4658.1360, subpart 2, item B, to train unlicensed personnel in |
|---|
| 758 | | - | 23.17medication administration. Significant updates or amendments, including but not limited |
|---|
| 759 | | - | 23.18to changes to the standards of practice to the curricula, must be approved by the |
|---|
| 760 | | - | 23.19commissioner. |
|---|
| 761 | | - | 23.20Sec. 7. Minnesota Statutes 2024, section 144A.61, is amended by adding a subdivision to |
|---|
| 762 | | - | 23.21read: |
|---|
| 763 | | - | 23.22 Subd. 3c.Approved curricula.The commissioner must maintain a current list of |
|---|
| 764 | | - | 23.23acceptable medication administration curricula to be used for medication aide training |
|---|
| 765 | | - | 23.24programs for employees of nursing homes and certified boarding care homes on the |
|---|
| 766 | | - | 23.25department's website that are based on current best practice standards and meet the |
|---|
| 767 | | - | 23.26requirements of Minnesota Rules, part 4658.1360, subpart 2, item B. |
|---|
| 768 | | - | 23.27Sec. 8. Minnesota Statutes 2024, section 144A.70, subdivision 3, is amended to read: |
|---|
| 769 | | - | 23.28 Subd. 3.Controlling person."Controlling person" means a business entity or entities, |
|---|
| 770 | | - | 23.29officer, program administrator, or director, whose responsibilities include the management |
|---|
| 771 | | - | 23.30and decision-making authority to establish or control business policy and all other policies |
|---|
| 772 | | - | 23.31of a supplemental nursing services agency. Controlling person also means an individual |
|---|
| 773 | | - | 23.32who, directly or indirectly, beneficially owns an has a direct ownership interest or indirect |
|---|
| 774 | | - | 23Article 2 Sec. 8. |
|---|
| 775 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 24.1ownership interest in a corporation, partnership, or other business association that is a |
|---|
| 776 | | - | 24.2controlling person the registrant. |
|---|
| 777 | | - | 24.3 Sec. 9. Minnesota Statutes 2024, section 144A.70, is amended by adding a subdivision to |
|---|
| 778 | | - | 24.4read: |
|---|
| 779 | | - | 24.5 Subd. 3a.Direct ownership interest."Direct ownership interest" means an individual |
|---|
| 780 | | - | 24.6or legal entity with at least five percent equity in capital, stock, or profits of the registrant |
|---|
| 781 | | - | 24.7or who is a member of a limited liability company of the registrant. |
|---|
| 782 | | - | 24.8 Sec. 10. Minnesota Statutes 2024, section 144A.70, is amended by adding a subdivision |
|---|
| 783 | | - | 24.9to read: |
|---|
| 784 | | - | 24.10 Subd. 3b.Indirect ownership interest."Indirect ownership interest" means an individual |
|---|
| 785 | | - | 24.11or legal entity with a direct ownership interest in an entity that has a direct or indirect |
|---|
| 786 | | - | 24.12ownership interest of at least five percent in an entity that is a registrant. |
|---|
| 787 | | - | 24.13Sec. 11. Minnesota Statutes 2024, section 144A.70, subdivision 7, is amended to read: |
|---|
| 788 | | - | 24.14 Subd. 7.Oversight.The commissioner is responsible for the oversight of supplemental |
|---|
| 789 | | - | 24.15nursing services agencies through semiannual unannounced surveys every two years and |
|---|
| 790 | | - | 24.16follow-up surveys, complaint investigations under sections 144A.51 to 144A.53, and other |
|---|
| 791 | | - | 24.17actions necessary to ensure compliance with sections 144A.70 to 144A.74. |
|---|
| 792 | | - | 24.18Sec. 12. Minnesota Statutes 2024, section 144G.10, subdivision 1, is amended to read: |
|---|
| 793 | | - | 24.19 Subdivision 1.License required.(a)(1) Beginning August 1, 2021, no assisted living |
|---|
| 794 | | - | 24.20facility may operate in Minnesota unless it is licensed under this chapter. |
|---|
| 795 | | - | 24.21 (2) No facility or building on a campus may provide assisted living services until |
|---|
| 796 | | - | 24.22obtaining the required license under paragraphs (c) to (e). |
|---|
| 797 | | - | 24.23 (b) The licensee is legally responsible for the management, control, and operation of the |
|---|
| 798 | | - | 24.24facility, regardless of the existence of a management agreement or subcontract. Nothing in |
|---|
| 799 | | - | 24.25this chapter shall in any way affect the rights and remedies available under other law. |
|---|
| 800 | | - | 24.26 (c) Upon approving an application for an assisted living facility license, the commissioner |
|---|
| 801 | | - | 24.27shall issue a single license for each building that is operated by the licensee as an assisted |
|---|
| 802 | | - | 24.28living facility and is located at a separate address, except as provided under paragraph (d) |
|---|
| 803 | | - | 24.29or (e). If a portion of a licensed assisted living facility building is utilized by an unlicensed |
|---|
| 804 | | - | 24.30entity or an entity with a license type not granted under this chapter, the licensed assisted |
|---|
| 805 | | - | 24Article 2 Sec. 12. |
|---|
| 806 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 25.1living facility must ensure there is at least a vertical two-hour fire barrier constructed in |
|---|
| 807 | | - | 25.2accordance with the National Fire Protection Association Standard 101, Life Safety Code, |
|---|
| 808 | | - | 25.3between any licensed assisted living facility areas and unlicensed entity areas of the building |
|---|
| 809 | | - | 25.4and between the licensed assisted living facility areas and any licensed areas subject to |
|---|
| 810 | | - | 25.5another license type. |
|---|
| 811 | | - | 25.6 (d) Upon approving an application for an assisted living facility license, the commissioner |
|---|
| 812 | | - | 25.7may issue a single license for two or more buildings on a campus that are operated by the |
|---|
| 813 | | - | 25.8same licensee as an assisted living facility. An assisted living facility license for a campus |
|---|
| 814 | | - | 25.9must identify the address and licensed resident capacity of each building located on the |
|---|
| 815 | | - | 25.10campus in which assisted living services are provided. |
|---|
| 816 | | - | 25.11 (e) Upon approving an application for an assisted living facility license, the commissioner |
|---|
| 817 | | - | 25.12may: |
|---|
| 818 | | - | 25.13 (1) issue a single license for two or more buildings on a campus that are operated by the |
|---|
| 819 | | - | 25.14same licensee as an assisted living facility with dementia care, provided the assisted living |
|---|
| 820 | | - | 25.15facility for dementia care license for a campus identifies the buildings operating as assisted |
|---|
| 821 | | - | 25.16living facilities with dementia care; or |
|---|
| 822 | | - | 25.17 (2) issue a separate assisted living facility with dementia care license for a building that |
|---|
| 823 | | - | 25.18is on a campus and that is operating as an assisted living facility with dementia care. |
|---|
| 824 | | - | 25.19Sec. 13. Minnesota Statutes 2024, section 144G.10, subdivision 1a, is amended to read: |
|---|
| 825 | | - | 25.20 Subd. 1a.Assisted living director license required.Each assisted living facility must |
|---|
| 826 | | - | 25.21employ an assisted living director licensed or permitted by the Board of Executives for |
|---|
| 827 | | - | 25.22Long Term Services and Supports and affiliated as the director of record with the board. |
|---|
| 828 | | - | 25.23Sec. 14. Minnesota Statutes 2024, section 144G.10, subdivision 5, is amended to read: |
|---|
| 829 | | - | 25.24 Subd. 5.Protected title; restriction on use.(a) Effective January 1, 2026 2027, no |
|---|
| 830 | | - | 25.25person or entity may use the phrase "assisted living," whether alone or in combination with |
|---|
| 831 | | - | 25.26other words and whether orally or in writing, to: advertise; market; or otherwise describe, |
|---|
| 832 | | - | 25.27offer, or promote itself, or any housing, service, service package, or program that it provides |
|---|
| 833 | | - | 25.28within this state, unless the person or entity is a licensed assisted living facility that meets |
|---|
| 834 | | - | 25.29the requirements of this chapter. A person or entity entitled to use the phrase "assisted living" |
|---|
| 835 | | - | 25.30shall use the phrase only in the context of its participation that meets the requirements of |
|---|
| 836 | | - | 25.31this chapter. |
|---|
| 837 | | - | 25Article 2 Sec. 14. |
|---|
| 838 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 26.1 (b) Effective January 1, 2026 2027, the licensee's name for a new an assisted living |
|---|
| 839 | | - | 26.2facility may not include the terms "home care" or "nursing home." |
|---|
| 840 | | - | 26.3 Sec. 15. Minnesota Statutes 2024, section 144G.16, subdivision 3, is amended to read: |
|---|
| 841 | | - | 26.4 Subd. 3.Licensure; termination or extension of provisional licenses.(a) If the |
|---|
| 842 | | - | 26.5provisional licensee is in substantial compliance with the survey, the commissioner shall |
|---|
| 843 | | - | 26.6issue a facility license. |
|---|
| 844 | | - | 26.7 (b) If the provisional licensee is not in substantial compliance with the initial survey, |
|---|
| 845 | | - | 26.8the commissioner shall either: (1) not issue the facility license and terminate the provisional |
|---|
| 846 | | - | 26.9license; or (2) extend the provisional license for a period not to exceed 90 calendar days |
|---|
| 847 | | - | 26.10and apply conditions necessary to bring the facility into substantial compliance. If the |
|---|
| 848 | | - | 26.11provisional licensee is not in substantial compliance with the survey within the time period |
|---|
| 849 | | - | 26.12of the extension or if the provisional licensee does not satisfy the license conditions, the |
|---|
| 850 | | - | 26.13commissioner may deny the license. |
|---|
| 851 | | - | 26.14 (c) The owners and managerial officials of a provisional licensee whose license is denied |
|---|
| 852 | | - | 26.15are ineligible to apply for an assisted living facility license under this chapter for one year |
|---|
| 853 | | - | 26.16following the facility's closure date. |
|---|
| 854 | | - | 26.17Sec. 16. Minnesota Statutes 2024, section 144G.19, is amended by adding a subdivision |
|---|
| 855 | | - | 26.18to read: |
|---|
| 856 | | - | 26.19 Subd. 5.Change of ownership; existing contracts.Following a change of ownership, |
|---|
| 857 | | - | 26.20the new licensee must honor the terms of an assisted living contract in effect at the time of |
|---|
| 858 | | - | 26.21the change of ownership until the end of the contract term. |
|---|
| 859 | | - | 26.22 EFFECTIVE DATE.This section is effective January 1, 2026, and applies to all assisted |
|---|
| 860 | | - | 26.23living contracts executed after a change of ownership that occurs on or after that date. |
|---|
| 861 | | - | 26.24Sec. 17. Minnesota Statutes 2024, section 144G.52, is amended by adding a subdivision |
|---|
| 862 | | - | 26.25to read: |
|---|
| 863 | | - | 26.26 Subd. 5a.Impermissible ground for termination.(a) A facility must not terminate an |
|---|
| 864 | | - | 26.27assisted living contract on the ground that the resident changes from using private funds to |
|---|
| 865 | | - | 26.28using public funds to pay for housing or services if the facility has represented or advertised |
|---|
| 866 | | - | 26.29that the facility accepts public funds to cover the costs of housing or services or makes any |
|---|
| 867 | | - | 26.30similar representation regarding the ability of the resident to remain in the facility when the |
|---|
| 868 | | - | 26.31resident's private funds are exhausted. |
|---|
| 869 | | - | 26Article 2 Sec. 17. |
|---|
| 870 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 27.1 (b) A resident must notify the facility of the resident's intention to apply for public |
|---|
| 871 | | - | 27.2assistance to pay for housing or services, or both, and must make a timely application to |
|---|
| 872 | | - | 27.3the appropriate government agency or agencies. The facility must inform the resident at the |
|---|
| 873 | | - | 27.4time the resident moves into the facility and once annually of the facility's policy regarding |
|---|
| 874 | | - | 27.5converting from using private funds to public funds to pay for housing or services, or both, |
|---|
| 875 | | - | 27.6and of the resident's obligation to notify the facility of the resident's intent to apply for public |
|---|
| 876 | | - | 27.7assistance and to make a timely application for public assistance. |
|---|
| 877 | | - | 27.8 (c) This subdivision does not prohibit a facility from terminating an assisted living |
|---|
| 878 | | - | 27.9contract for nonpayment according to subdivision 3, or for a violation of the assisted living |
|---|
| 879 | | - | 27.10contract according to subdivision 4. |
|---|
| 880 | | - | 27.11 (d) If a resident's application for public funds is not processed within 30 days, the resident |
|---|
| 881 | | - | 27.12may contact the Office of Ombudsman for Long-Term Care to facilitate timely completion |
|---|
| 882 | | - | 27.13of enrollment with the appropriate lead agency. |
|---|
| 883 | | - | 27.14Sec. 18. Minnesota Statutes 2024, section 144G.53, is amended to read: |
|---|
| 884 | | - | 27.15 144G.53 NONRENEWAL OF HOUSING. |
|---|
| 885 | | - | 27.16 Subdivision 1.Notice or termination procedure.(a) If a facility decides to not renew |
|---|
| 886 | | - | 27.17a resident's housing under a contract, the facility must either (1) provide the resident with |
|---|
| 887 | | - | 27.1860 calendar days' notice of the nonrenewal and assistance with relocation planning, or (2) |
|---|
| 888 | | - | 27.19follow the termination procedure under section 144G.52. |
|---|
| 889 | | - | 27.20 (b) The notice must include the reason for the nonrenewal and contact information of |
|---|
| 890 | | - | 27.21the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental |
|---|
| 891 | | - | 27.22Health and Developmental Disabilities. |
|---|
| 892 | | - | 27.23 (c) A facility must: |
|---|
| 893 | | - | 27.24 (1) provide notice of the nonrenewal to the Office of Ombudsman for Long-Term Care; |
|---|
| 894 | | - | 27.25and |
|---|
| 895 | | - | 27.26 (2) for residents who receive home and community-based waiver services under chapter |
|---|
| 896 | | - | 27.27256S and section 256B.49, provide notice to the resident's case manager;. |
|---|
| 897 | | - | 27.28 Subd. 2.Prohibited ground for nonrenewal.A facility must not decline to renew a |
|---|
| 898 | | - | 27.29resident's housing under an assisted living contract on the ground that the resident changes |
|---|
| 899 | | - | 27.30from using private funds to using public funds to pay for housing if the facility has |
|---|
| 900 | | - | 27.31represented or advertised that the facility accepts public funds to cover the costs of housing |
|---|
| 901 | | - | 27Article 2 Sec. 18. |
|---|
| 902 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 28.1or makes any similar representation regarding the ability of the resident to remain in the |
|---|
| 903 | | - | 28.2facility when the resident's private funds are exhausted. |
|---|
| 904 | | - | 28.3 (b) A resident must notify the facility of the resident's intention to apply for public |
|---|
| 905 | | - | 28.4assistance to pay for housing or services, or both, and must make a timely application to |
|---|
| 906 | | - | 28.5the appropriate government agency or agencies. The facility must inform the resident at the |
|---|
| 907 | | - | 28.6time the resident moves into the facility and once annually of the facility's policy regarding |
|---|
| 908 | | - | 28.7converting from using private funds to public funds to pay for housing or services, or both, |
|---|
| 909 | | - | 28.8and of the resident's obligation to notify the facility of the resident's intent to apply for public |
|---|
| 910 | | - | 28.9assistance and to make a timely application for public assistance. |
|---|
| 911 | | - | 28.10 (c) This subdivision does not prohibit a facility from terminating an assisted living |
|---|
| 912 | | - | 28.11contract for nonpayment according to section 144G.52, subdivision 3, or for a violation of |
|---|
| 913 | | - | 28.12the assisted living contract according to section 144G.52, subdivision 4. |
|---|
| 914 | | - | 28.13 (d) If a resident's application for public funds is not processed within 30 days, the resident |
|---|
| 915 | | - | 28.14may contact the Office of Ombudsman for Long-Term Care to facilitate timely completion |
|---|
| 916 | | - | 28.15of enrollment with the appropriate lead agency. |
|---|
| 917 | | - | 28.16 Subd. 3.Requirements following notice.If a facility provides notice of nonrenewal |
|---|
| 918 | | - | 28.17according to subdivision 1, the facility must: |
|---|
| 919 | | - | 28.18 (3) (1) ensure a coordinated move to a safe location, as defined in section 144G.55, |
|---|
| 920 | | - | 28.19subdivision 2, that is appropriate for the resident; |
|---|
| 921 | | - | 28.20 (4) (2) ensure a coordinated move to an appropriate service provider identified by the |
|---|
| 922 | | - | 28.21facility, if services are still needed and desired by the resident; |
|---|
| 923 | | - | 28.22 (5) (3) consult and cooperate with the resident, legal representative, designated |
|---|
| 924 | | - | 28.23representative, case manager for a resident who receives home and community-based waiver |
|---|
| 925 | | - | 28.24services under chapter 256S and section 256B.49, relevant health professionals, and any |
|---|
| 926 | | - | 28.25other persons of the resident's choosing to make arrangements to move the resident, including |
|---|
| 927 | | - | 28.26consideration of the resident's goals; and |
|---|
| 928 | | - | 28.27 (6) (4) prepare a written plan to prepare for the move. |
|---|
| 929 | | - | 28.28 Subd. 4.Right to move to location of resident's choosing or to use provider of |
|---|
| 930 | | - | 28.29resident's choosing.(d) A resident may decline to move to the location the facility identifies |
|---|
| 931 | | - | 28.30or to accept services from a service provider the facility identifies, and may instead choose |
|---|
| 932 | | - | 28.31to move to a location of the resident's choosing or receive services from a service provider |
|---|
| 933 | | - | 28.32of the resident's choosing within the timeline prescribed in the nonrenewal notice. |
|---|
| 934 | | - | 28Article 2 Sec. 18. |
|---|
| 935 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 29.1 Sec. 19. Minnesota Statutes 2024, section 144G.70, subdivision 2, is amended to read: |
|---|
| 936 | | - | 29.2 Subd. 2.Initial reviews, assessments, and monitoring.(a) Residents who are not |
|---|
| 937 | | - | 29.3receiving any assisted living services shall not be required to undergo an initial |
|---|
| 938 | | - | 29.4comprehensive nursing assessment. |
|---|
| 939 | | - | 29.5 (b) An assisted living facility shall conduct a comprehensive nursing assessment by a |
|---|
| 940 | | - | 29.6registered nurse of the physical and cognitive needs of the prospective resident and propose |
|---|
| 941 | | - | 29.7a temporary service plan prior to the date on which a prospective resident executes a contract |
|---|
| 942 | | - | 29.8with a facility or the date on which a prospective resident moves in, whichever is earlier. |
|---|
| 943 | | - | 29.9If necessitated by either the geographic distance between the prospective resident and the |
|---|
| 944 | | - | 29.10facility, or urgent or unexpected circumstances, the comprehensive assessment may be |
|---|
| 945 | | - | 29.11conducted using telecommunication methods based on practice standards that meet the |
|---|
| 946 | | - | 29.12resident's needs and reflect person-centered planning and care delivery. |
|---|
| 947 | | - | 29.13 (c) Resident comprehensive reassessment and monitoring must be conducted no more |
|---|
| 948 | | - | 29.14than 14 calendar days after initiation of services. Ongoing resident reassessment and |
|---|
| 949 | | - | 29.15monitoring must be conducted as needed based on changes in the needs of the resident and |
|---|
| 950 | | - | 29.16cannot exceed 90 calendar days from the last date of the assessment. by a registered nurse: |
|---|
| 951 | | - | 29.17 (1) no more than 14 calendar days after initiation of services; |
|---|
| 952 | | - | 29.18 (2) as needed based on changes in the resident's needs; and |
|---|
| 953 | | - | 29.19 (3) at least every 90 calendar days. |
|---|
| 954 | | - | 29.20 (d) Sections of the comprehensive reassessment and monitoring in paragraph (c) may |
|---|
| 955 | | - | 29.21be completed by a licensed practical nurse as allowed under the Nurse Practice Act in |
|---|
| 956 | | - | 29.22sections 148.171 to 148.285. A registered nurse must review the findings as part of the |
|---|
| 957 | | - | 29.23resident's comprehensive reassessment. |
|---|
| 958 | | - | 29.24 (d) (e) For residents only receiving assisted living services specified in section 144G.08, |
|---|
| 959 | | - | 29.25subdivision 9, clauses (1) to (5), the facility shall complete an individualized initial review |
|---|
| 960 | | - | 29.26of the resident's needs and preferences. The initial review must be completed within 30 |
|---|
| 961 | | - | 29.27calendar days of the start of services. Resident monitoring and review must be conducted |
|---|
| 962 | | - | 29.28as needed based on changes in the needs of the resident and cannot exceed 90 calendar days |
|---|
| 963 | | - | 29.29from the date of the last review. |
|---|
| 964 | | - | 29.30 (e) (f) A facility must inform the prospective resident of the availability of and contact |
|---|
| 965 | | - | 29.31information for long-term care consultation services under section 256B.0911, prior to the |
|---|
| 966 | | - | 29.32date on which a prospective resident executes a contract with a facility or the date on which |
|---|
| 967 | | - | 29.33a prospective resident moves in, whichever is earlier. |
|---|
| 968 | | - | 29Article 2 Sec. 19. |
|---|
| 969 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 30.1 Sec. 20. Minnesota Statutes 2024, section 144G.81, subdivision 1, is amended to read: |
|---|
| 970 | | - | 30.2 Subdivision 1.Fire protection and physical environment.An assisted living facility |
|---|
| 971 | | - | 30.3with dementia care that has a secured dementia care unit must meet the requirements of |
|---|
| 972 | | - | 30.4section 144G.45 and the following additional requirements: |
|---|
| 973 | | - | 30.5 (1) a hazard vulnerability an assessment or of safety risk risks must be performed on |
|---|
| 974 | | - | 30.6and around the property. The hazards indicated safety risks identified by the facility on the |
|---|
| 975 | | - | 30.7assessment must be assessed and mitigated to protect the residents from harm. The mitigation |
|---|
| 976 | | - | 30.8efforts must be documented in the facility's records; and |
|---|
| 977 | | - | 30.9 (2) the facility shall be protected throughout by an approved supervised automatic |
|---|
| 978 | | - | 30.10sprinkler system by August 1, 2029. |
|---|
| 979 | | - | 30.11Sec. 21. Minnesota Statutes 2024, section 144G.91, is amended by adding a subdivision |
|---|
| 980 | | - | 30.12to read: |
|---|
| 981 | | - | 30.13 Subd. 6a.Designated support person.(a) Subject to paragraph (c), an assisted living |
|---|
| 982 | | - | 30.14facility must allow, at a minimum, one designated support person chosen by the resident to |
|---|
| 983 | | - | 30.15be physically present with the resident at times of the resident's choosing while the resident |
|---|
| 984 | | - | 30.16resides at the facility. |
|---|
| 985 | | - | 30.17 (b) For purposes of this subdivision, "designated support person" means any person |
|---|
| 986 | | - | 30.18chosen by the resident to provide comfort to the resident, including but not limited to the |
|---|
| 987 | | - | 30.19resident's spouse, partner, family member, or another person related by affinity. |
|---|
| 988 | | - | 30.20 (c) A facility may restrict or prohibit the presence of a designated support person if the |
|---|
| 989 | | - | 30.21designated support person is acting in a violent or threatening manner toward others. If the |
|---|
| 990 | | - | 30.22facility restricts or prohibits a resident's designated support person from being present, the |
|---|
| 991 | | - | 30.23resident may file a complaint or inquiry with the facility according to subdivision 20, the |
|---|
| 992 | | - | 30.24Office of Ombudsman for Long-Term Care, or the Office of Ombudsman for Mental Health |
|---|
| 993 | | - | 30.25and Developmental Disabilities. |
|---|
| 994 | | - | 30.26 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 995 | | - | 30.27Sec. 22. Minnesota Statutes 2024, section 148.235, subdivision 10, is amended to read: |
|---|
| 996 | | - | 30.28 Subd. 10.Administration of medications by unlicensed personnel in nursing |
|---|
| 997 | | - | 30.29facilities.Notwithstanding the provisions of Minnesota Rules, part 4658.1360, subpart 2, |
|---|
| 998 | | - | 30.30a graduate of a foreign nursing school who has successfully completed an approved |
|---|
| 999 | | - | 30.31competency evaluation under the provisions of section 144A.61 is eligible to administer |
|---|
| 1000 | | - | 30.32medications in a nursing facility upon completion of a any medication training program for |
|---|
| 1001 | | - | 30Article 2 Sec. 22. |
|---|
| 1002 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 31.1unlicensed personnel approved by the commissioner of health under section 144A.61, |
|---|
| 1003 | | - | 31.2subdivision 3b, or offered through a postsecondary educational institution, which meets the |
|---|
| 1004 | | - | 31.3requirements specified in Minnesota Rules, part 4658.1360, subpart 2, item B. |
|---|
| 1005 | | - | 31.4 Sec. 23. REVISOR INSTRUCTION. |
|---|
| 1006 | | - | 31.5 The revisor of statutes must modify the section headnote for Minnesota Statutes, section |
|---|
| 1007 | | - | 31.6144G.81, to read "ADDITIONAL REQUIREMENTS FOR ASSISTED LIVING |
|---|
| 1008 | | - | 31.7FACILITIES WITH DEMENTIA CARE AND ASSISTED LIVING FACILITIES WITH |
|---|
| 1009 | | - | 31.8SECURED DEMENTIA CARE UNITS." |
|---|
| 1010 | | - | 31.9 Sec. 24. REPEALER. |
|---|
| 1011 | | - | 31.10 Minnesota Statutes 2024, section 144G.9999, subdivisions 1, 2, and 3, are repealed. |
|---|
| 1012 | | - | 31.11 ARTICLE 3 |
|---|
| 1013 | | - | 31.12 DIRECT CARE AND TREATMENT |
|---|
| 1014 | | - | 31.13Section 1. Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read: |
|---|
| 1015 | | - | 31.14 Subd. 3.Investigative data.(a) Data on persons, including data on vendors of services, |
|---|
| 1016 | | - | 31.15licensees, and applicants that is collected, maintained, used, or disseminated by the welfare |
|---|
| 1017 | | - | 31.16system in an investigation, authorized by statute, and relating to the enforcement of rules |
|---|
| 1018 | | - | 31.17or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or |
|---|
| 1019 | | - | 31.18protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and |
|---|
| 1020 | | - | 31.19shall not be disclosed except: |
|---|
| 1021 | | - | 31.20 (1) pursuant to section 13.05; |
|---|
| 1022 | | - | 31.21 (2) pursuant to statute or valid court order; |
|---|
| 1023 | | - | 31.22 (3) to a party named in a civil or criminal proceeding, administrative or judicial, for |
|---|
| 1024 | | - | 31.23preparation of defense; |
|---|
| 1025 | | - | 31.24 (4) to an agent of the welfare system or an investigator acting on behalf of a county, |
|---|
| 1026 | | - | 31.25state, or federal government, including a law enforcement officer or attorney in the |
|---|
| 1027 | | - | 31.26investigation or prosecution of a criminal, civil, or administrative proceeding, unless the |
|---|
| 1028 | | - | 31.27commissioner of human services or; the commissioner of children, youth, and families; or |
|---|
| 1029 | | - | 31.28the Direct Care and Treatment executive board determines that disclosure may compromise |
|---|
| 1030 | | - | 31.29a Department of Human Services or; Department of Children, Youth, and Families; or Direct |
|---|
| 1031 | | - | 31.30Care and Treatment ongoing investigation; or |
|---|
| 1032 | | - | 31Article 3 Section 1. |
|---|
| 1033 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 32.1 (5) to provide notices required or permitted by statute. |
|---|
| 1034 | | - | 32.2 The data referred to in this subdivision shall be classified as public data upon submission |
|---|
| 1035 | | - | 32.3to an administrative law judge or court in an administrative or judicial proceeding. Inactive |
|---|
| 1036 | | - | 32.4welfare investigative data shall be treated as provided in section 13.39, subdivision 3. |
|---|
| 1037 | | - | 32.5 (b) Notwithstanding any other provision in law, the commissioner of human services |
|---|
| 1038 | | - | 32.6shall provide all active and inactive investigative data, including the name of the reporter |
|---|
| 1039 | | - | 32.7of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for |
|---|
| 1040 | | - | 32.8mental health and developmental disabilities upon the request of the ombudsman. |
|---|
| 1041 | | - | 32.9 (c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation |
|---|
| 1042 | | - | 32.10by the commissioner of human services of possible overpayments of public funds to a service |
|---|
| 1043 | | - | 32.11provider or recipient may be disclosed if the commissioner determines that it will not |
|---|
| 1044 | | - | 32.12compromise the investigation. |
|---|
| 1045 | | - | 32.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1046 | | - | 32.14Sec. 2. Minnesota Statutes 2024, section 13.46, subdivision 4, is amended to read: |
|---|
| 1047 | | - | 32.15 Subd. 4.Licensing data.(a) As used in this subdivision: |
|---|
| 1048 | | - | 32.16 (1) "licensing data" are all data collected, maintained, used, or disseminated by the |
|---|
| 1049 | | - | 32.17welfare system pertaining to persons licensed or registered or who apply for licensure or |
|---|
| 1050 | | - | 32.18registration or who formerly were licensed or registered under the authority of the |
|---|
| 1051 | | - | 32.19commissioner of human services; |
|---|
| 1052 | | - | 32.20 (2) "client" means a person who is receiving services from a licensee or from an applicant |
|---|
| 1053 | | - | 32.21for licensure; and |
|---|
| 1054 | | - | 32.22 (3) "personal and personal financial data" are Social Security numbers, identity of and |
|---|
| 1055 | | - | 32.23letters of reference, insurance information, reports from the Bureau of Criminal |
|---|
| 1056 | | - | 32.24Apprehension, health examination reports, and social/home studies. |
|---|
| 1057 | | - | 32.25 (b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license |
|---|
| 1058 | | - | 32.26holders, certification holders, and former licensees are public: name, address, telephone |
|---|
| 1059 | | - | 32.27number of licensees, email addresses except for family child foster care, date of receipt of |
|---|
| 1060 | | - | 32.28a completed application, dates of licensure, licensed capacity, type of client preferred, |
|---|
| 1061 | | - | 32.29variances granted, record of training and education in child care and child development, |
|---|
| 1062 | | - | 32.30type of dwelling, name and relationship of other family members, previous license history, |
|---|
| 1063 | | - | 32.31class of license, the existence and status of complaints, and the number of serious injuries |
|---|
| 1064 | | - | 32.32to or deaths of individuals in the licensed program as reported to the commissioner of human |
|---|
| 1065 | | - | 32Article 3 Sec. 2. |
|---|
| 1066 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 33.1services; the commissioner of children, youth, and families; the local social services agency; |
|---|
| 1067 | | - | 33.2or any other county welfare agency. For purposes of this clause, a serious injury is one that |
|---|
| 1068 | | - | 33.3is treated by a physician. |
|---|
| 1069 | | - | 33.4 (ii) Except as provided in item (v), when a correction order, an order to forfeit a fine, |
|---|
| 1070 | | - | 33.5an order of license suspension, an order of temporary immediate suspension, an order of |
|---|
| 1071 | | - | 33.6license revocation, an order of license denial, or an order of conditional license has been |
|---|
| 1072 | | - | 33.7issued, or a complaint is resolved, the following data on current and former licensees and |
|---|
| 1073 | | - | 33.8applicants are public: the general nature of the complaint or allegations leading to the |
|---|
| 1074 | | - | 33.9temporary immediate suspension; the substance and investigative findings of the licensing |
|---|
| 1075 | | - | 33.10or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence |
|---|
| 1076 | | - | 33.11of settlement negotiations; the record of informal resolution of a licensing violation; orders |
|---|
| 1077 | | - | 33.12of hearing; findings of fact; conclusions of law; specifications of the final correction order, |
|---|
| 1078 | | - | 33.13fine, suspension, temporary immediate suspension, revocation, denial, or conditional license |
|---|
| 1079 | | - | 33.14contained in the record of licensing action; whether a fine has been paid; and the status of |
|---|
| 1080 | | - | 33.15any appeal of these actions. |
|---|
| 1081 | | - | 33.16 (iii) When a license denial under section 142A.15 or 245A.05 or a sanction under section |
|---|
| 1082 | | - | 33.17142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling |
|---|
| 1083 | | - | 33.18individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity |
|---|
| 1084 | | - | 33.19of the applicant, license holder, or controlling individual as the individual responsible for |
|---|
| 1085 | | - | 33.20maltreatment is public data at the time of the issuance of the license denial or sanction. |
|---|
| 1086 | | - | 33.21 (iv) When a license denial under section 142A.15 or 245A.05 or a sanction under section |
|---|
| 1087 | | - | 33.22142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling |
|---|
| 1088 | | - | 33.23individual is disqualified under chapter 245C, the identity of the license holder, applicant, |
|---|
| 1089 | | - | 33.24or controlling individual as the disqualified individual is public data at the time of the |
|---|
| 1090 | | - | 33.25issuance of the licensing sanction or denial. If the applicant, license holder, or controlling |
|---|
| 1091 | | - | 33.26individual requests reconsideration of the disqualification and the disqualification is affirmed, |
|---|
| 1092 | | - | 33.27the reason for the disqualification and the reason to not set aside the disqualification are |
|---|
| 1093 | | - | 33.28private data. |
|---|
| 1094 | | - | 33.29 (v) A correction order or fine issued to a child care provider for a licensing violation is |
|---|
| 1095 | | - | 33.30private data on individuals under section 13.02, subdivision 12, or nonpublic data under |
|---|
| 1096 | | - | 33.31section 13.02, subdivision 9, if the correction order or fine is seven years old or older. |
|---|
| 1097 | | - | 33.32 (2) For applicants who withdraw their application prior to licensure or denial of a license, |
|---|
| 1098 | | - | 33.33the following data are public: the name of the applicant, the city and county in which the |
|---|
| 1099 | | - | 33.34applicant was seeking licensure, the dates of the commissioner's receipt of the initial |
|---|
| 1100 | | - | 33Article 3 Sec. 2. |
|---|
| 1101 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 34.1application and completed application, the type of license sought, and the date of withdrawal |
|---|
| 1102 | | - | 34.2of the application. |
|---|
| 1103 | | - | 34.3 (3) For applicants who are denied a license, the following data are public: the name and |
|---|
| 1104 | | - | 34.4address of the applicant, the city and county in which the applicant was seeking licensure, |
|---|
| 1105 | | - | 34.5the dates of the commissioner's receipt of the initial application and completed application, |
|---|
| 1106 | | - | 34.6the type of license sought, the date of denial of the application, the nature of the basis for |
|---|
| 1107 | | - | 34.7the denial, the existence of settlement negotiations, the record of informal resolution of a |
|---|
| 1108 | | - | 34.8denial, orders of hearings, findings of fact, conclusions of law, specifications of the final |
|---|
| 1109 | | - | 34.9order of denial, and the status of any appeal of the denial. |
|---|
| 1110 | | - | 34.10 (4) When maltreatment is substantiated under section 626.557 or chapter 260E and the |
|---|
| 1111 | | - | 34.11victim and the substantiated perpetrator are affiliated with a program licensed under chapter |
|---|
| 1112 | | - | 34.12142B or 245A; the commissioner of human services; commissioner of children, youth, and |
|---|
| 1113 | | - | 34.13families; local social services agency; or county welfare agency may inform the license |
|---|
| 1114 | | - | 34.14holder where the maltreatment occurred of the identity of the substantiated perpetrator and |
|---|
| 1115 | | - | 34.15the victim. |
|---|
| 1116 | | - | 34.16 (5) Notwithstanding clause (1), for child foster care, only the name of the license holder |
|---|
| 1117 | | - | 34.17and the status of the license are public if the county attorney has requested that data otherwise |
|---|
| 1118 | | - | 34.18classified as public data under clause (1) be considered private data based on the best interests |
|---|
| 1119 | | - | 34.19of a child in placement in a licensed program. |
|---|
| 1120 | | - | 34.20 (c) The following are private data on individuals under section 13.02, subdivision 12, |
|---|
| 1121 | | - | 34.21or nonpublic data under section 13.02, subdivision 9: personal and personal financial data |
|---|
| 1122 | | - | 34.22on family day care program and family foster care program applicants and licensees and |
|---|
| 1123 | | - | 34.23their family members who provide services under the license. |
|---|
| 1124 | | - | 34.24 (d) The following are private data on individuals: the identity of persons who have made |
|---|
| 1125 | | - | 34.25reports concerning licensees or applicants that appear in inactive investigative data, and the |
|---|
| 1126 | | - | 34.26records of clients or employees of the licensee or applicant for licensure whose records are |
|---|
| 1127 | | - | 34.27received by the licensing agency for purposes of review or in anticipation of a contested |
|---|
| 1128 | | - | 34.28matter. The names of reporters of complaints or alleged violations of licensing standards |
|---|
| 1129 | | - | 34.29under chapters 142B, 245A, 245B, 245C, and 245D, and applicable rules and alleged |
|---|
| 1130 | | - | 34.30maltreatment under section 626.557 and chapter 260E, are confidential data and may be |
|---|
| 1131 | | - | 34.31disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557, |
|---|
| 1132 | | - | 34.32subdivision 12b. |
|---|
| 1133 | | - | 34.33 (e) Data classified as private, confidential, nonpublic, or protected nonpublic under this |
|---|
| 1134 | | - | 34.34subdivision become public data if submitted to a court or administrative law judge as part |
|---|
| 1135 | | - | 34Article 3 Sec. 2. |
|---|
| 1136 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 35.1of a disciplinary proceeding in which there is a public hearing concerning a license which |
|---|
| 1137 | | - | 35.2has been suspended, immediately suspended, revoked, or denied. |
|---|
| 1138 | | - | 35.3 (f) Data generated in the course of licensing investigations that relate to an alleged |
|---|
| 1139 | | - | 35.4violation of law are investigative data under subdivision 3. |
|---|
| 1140 | | - | 35.5 (g) Data that are not public data collected, maintained, used, or disseminated under this |
|---|
| 1141 | | - | 35.6subdivision that relate to or are derived from a report as defined in section 260E.03, or |
|---|
| 1142 | | - | 35.7626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35, |
|---|
| 1143 | | - | 35.8subdivision 6, and 626.557, subdivision 12b. |
|---|
| 1144 | | - | 35.9 (h) Upon request, not public data collected, maintained, used, or disseminated under |
|---|
| 1145 | | - | 35.10this subdivision that relate to or are derived from a report of substantiated maltreatment as |
|---|
| 1146 | | - | 35.11defined in section 626.557 or chapter 260E may be exchanged with the Department of |
|---|
| 1147 | | - | 35.12Health for purposes of completing background studies pursuant to section 144.057 and with |
|---|
| 1148 | | - | 35.13the Department of Corrections for purposes of completing background studies pursuant to |
|---|
| 1149 | | - | 35.14section 241.021. |
|---|
| 1150 | | - | 35.15 (i) Data on individuals collected according to licensing activities under chapters 142B, |
|---|
| 1151 | | - | 35.16245A, and 245C, data on individuals collected by the commissioner of human services |
|---|
| 1152 | | - | 35.17according to investigations under section 626.557 and chapters 142B, 245A, 245B, 245C, |
|---|
| 1153 | | - | 35.18245D, and 260E may be shared with the Department of Human Rights, the Department of |
|---|
| 1154 | | - | 35.19Health, the Department of Corrections, the ombudsman for mental health and developmental |
|---|
| 1155 | | - | 35.20disabilities, and the individual's professional regulatory board when there is reason to believe |
|---|
| 1156 | | - | 35.21that laws or standards under the jurisdiction of those agencies may have been violated or |
|---|
| 1157 | | - | 35.22the information may otherwise be relevant to the board's regulatory jurisdiction. Background |
|---|
| 1158 | | - | 35.23study data on an individual who is the subject of a background study under chapter 245C |
|---|
| 1159 | | - | 35.24for a licensed service for which the commissioner of human services or; the commissioner |
|---|
| 1160 | | - | 35.25of children, youth, and families; or the Direct Care and Treatment executive board is the |
|---|
| 1161 | | - | 35.26license holder may be shared with the commissioner and the commissioner's delegate by |
|---|
| 1162 | | - | 35.27the licensing division. Unless otherwise specified in this chapter, the identity of a reporter |
|---|
| 1163 | | - | 35.28of alleged maltreatment or licensing violations may not be disclosed. |
|---|
| 1164 | | - | 35.29 (j) In addition to the notice of determinations required under sections 260E.24, |
|---|
| 1165 | | - | 35.30subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the |
|---|
| 1166 | | - | 35.31commissioner of children, youth, and families or the local social services agency has |
|---|
| 1167 | | - | 35.32determined that an individual is a substantiated perpetrator of maltreatment of a child based |
|---|
| 1168 | | - | 35.33on sexual abuse, as defined in section 260E.03, and the commissioner or local social services |
|---|
| 1169 | | - | 35.34agency knows that the individual is a person responsible for a child's care in another facility, |
|---|
| 1170 | | - | 35Article 3 Sec. 2. |
|---|
| 1171 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 36.1the commissioner or local social services agency shall notify the head of that facility of this |
|---|
| 1172 | | - | 36.2determination. The notification must include an explanation of the individual's available |
|---|
| 1173 | | - | 36.3appeal rights and the status of any appeal. If a notice is given under this paragraph, the |
|---|
| 1174 | | - | 36.4government entity making the notification shall provide a copy of the notice to the individual |
|---|
| 1175 | | - | 36.5who is the subject of the notice. |
|---|
| 1176 | | - | 36.6 (k) All not public data collected, maintained, used, or disseminated under this subdivision |
|---|
| 1177 | | - | 36.7and subdivision 3 may be exchanged between the Department of Human Services, Licensing |
|---|
| 1178 | | - | 36.8Division, and the Department of Corrections for purposes of regulating services for which |
|---|
| 1179 | | - | 36.9the Department of Human Services and the Department of Corrections have regulatory |
|---|
| 1180 | | - | 36.10authority. |
|---|
| 1181 | | - | 36.11 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1182 | | - | 36.12Sec. 3. Minnesota Statutes 2024, section 15.471, subdivision 6, is amended to read: |
|---|
| 1183 | | - | 36.13 Subd. 6.Party.(a) Except as modified by paragraph (b), "party" means a person named |
|---|
| 1184 | | - | 36.14or admitted as a party, or seeking and entitled to be admitted as a party, in a court action or |
|---|
| 1185 | | - | 36.15contested case proceeding, or a person admitted by an administrative law judge for limited |
|---|
| 1186 | | - | 36.16purposes, and who is: |
|---|
| 1187 | | - | 36.17 (1) an unincorporated business, partnership, corporation, association, or organization, |
|---|
| 1188 | | - | 36.18having not more than 500 employees at the time the civil action was filed or the contested |
|---|
| 1189 | | - | 36.19case proceeding was initiated; and |
|---|
| 1190 | | - | 36.20 (2) an unincorporated business, partnership, corporation, association, or organization |
|---|
| 1191 | | - | 36.21whose annual revenues did not exceed $7,000,000 at the time the civil action was filed or |
|---|
| 1192 | | - | 36.22the contested case proceeding was initiated. |
|---|
| 1193 | | - | 36.23 (b) "Party" also includes a partner, officer, shareholder, member, or owner of an entity |
|---|
| 1194 | | - | 36.24described in paragraph (a), clauses (1) and (2). |
|---|
| 1195 | | - | 36.25 (c) "Party" does not include a person providing services pursuant to licensure or |
|---|
| 1196 | | - | 36.26reimbursement on a cost basis by the Department of Health or, the Department of Human |
|---|
| 1197 | | - | 36.27Services, or Direct Care and Treatment when that person is named or admitted or seeking |
|---|
| 1198 | | - | 36.28to be admitted as a party in a matter which involves the licensing or reimbursement rates, |
|---|
| 1199 | | - | 36.29procedures, or methodology applicable to those services. |
|---|
| 1200 | | - | 36.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1201 | | - | 36Article 3 Sec. 3. |
|---|
| 1202 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 37.1 Sec. 4. Minnesota Statutes 2024, section 43A.241, is amended to read: |
|---|
| 1203 | | - | 37.2 43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES. |
|---|
| 1204 | | - | 37.3 (a) This section applies to a person who: |
|---|
| 1205 | | - | 37.4 (1) was employed by the commissioner of corrections, the commissioner of human |
|---|
| 1206 | | - | 37.5services, or the Direct Care and Treatment executive board; |
|---|
| 1207 | | - | 37.6 (2) was covered by the correctional employee retirement plan under section 352.91 or |
|---|
| 1208 | | - | 37.7the general state employees retirement plan of the Minnesota State Retirement System as |
|---|
| 1209 | | - | 37.8defined in section 352.021; |
|---|
| 1210 | | - | 37.9 (3) while employed under clause (1), was assaulted by: |
|---|
| 1211 | | - | 37.10 (i) a person under correctional supervision for a criminal offense; or |
|---|
| 1212 | | - | 37.11 (ii) a client or patient at the Minnesota Sex Offender Program, or at a state-operated |
|---|
| 1213 | | - | 37.12forensic services program as defined in section 352.91, subdivision 3j; and |
|---|
| 1214 | | - | 37.13 (4) as a direct result of the assault under clause (3), was determined to be totally and |
|---|
| 1215 | | - | 37.14permanently physically disabled under laws governing the Minnesota State Retirement |
|---|
| 1216 | | - | 37.15System. |
|---|
| 1217 | | - | 37.16 (b) For a person to whom this section applies, the commissioner of corrections, the |
|---|
| 1218 | | - | 37.17commissioner of human services, or the Direct Care and Treatment executive board, using |
|---|
| 1219 | | - | 37.18existing budget resources, must continue to make the employer contribution for medical |
|---|
| 1220 | | - | 37.19and dental benefits under the State Employee Group Insurance Program after the person |
|---|
| 1221 | | - | 37.20terminates state service. If the person had dependent coverage at the time of terminating |
|---|
| 1222 | | - | 37.21state service, employer contributions for dependent coverage also must continue under this |
|---|
| 1223 | | - | 37.22section. The employer contributions must be in the amount of the employer contribution |
|---|
| 1224 | | - | 37.23for active state employees at the time each payment is made. The employer contributions |
|---|
| 1225 | | - | 37.24must continue until the person reaches age 65, provided the person makes the required |
|---|
| 1226 | | - | 37.25employee contributions, in the amount required of an active state employee, at the time and |
|---|
| 1227 | | - | 37.26in the manner specified by the commissioner or executive board. |
|---|
| 1228 | | - | 37.27 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1229 | | - | 37.28Sec. 5. Minnesota Statutes 2024, section 62J.495, subdivision 2, is amended to read: |
|---|
| 1230 | | - | 37.29 Subd. 2.E-Health Advisory Committee.(a) The commissioner shall establish an |
|---|
| 1231 | | - | 37.30e-Health Advisory Committee governed by section 15.059 to advise the commissioner on |
|---|
| 1232 | | - | 37.31the following matters: |
|---|
| 1233 | | - | 37Article 3 Sec. 5. |
|---|
| 1234 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 38.1 (1) assessment of the adoption and effective use of health information technology by |
|---|
| 1235 | | - | 38.2the state, licensed health care providers and facilities, and local public health agencies; |
|---|
| 1236 | | - | 38.3 (2) recommendations for implementing a statewide interoperable health information |
|---|
| 1237 | | - | 38.4infrastructure, to include estimates of necessary resources, and for determining standards |
|---|
| 1238 | | - | 38.5for clinical data exchange, clinical support programs, patient privacy requirements, and |
|---|
| 1239 | | - | 38.6maintenance of the security and confidentiality of individual patient data; |
|---|
| 1240 | | - | 38.7 (3) recommendations for encouraging use of innovative health care applications using |
|---|
| 1241 | | - | 38.8information technology and systems to improve patient care and reduce the cost of care, |
|---|
| 1242 | | - | 38.9including applications relating to disease management and personal health management |
|---|
| 1243 | | - | 38.10that enable remote monitoring of patients' conditions, especially those with chronic |
|---|
| 1244 | | - | 38.11conditions; and |
|---|
| 1245 | | - | 38.12 (4) other related issues as requested by the commissioner. |
|---|
| 1246 | | - | 38.13 (b) The members of the e-Health Advisory Committee shall include the commissioners, |
|---|
| 1247 | | - | 38.14or commissioners' designees, of health, human services, administration, and commerce; a |
|---|
| 1248 | | - | 38.15representative of the Direct Care and Treatment executive board; and additional members |
|---|
| 1249 | | - | 38.16to be appointed by the commissioner to include persons representing Minnesota's local |
|---|
| 1250 | | - | 38.17public health agencies, licensed hospitals and other licensed facilities and providers, private |
|---|
| 1251 | | - | 38.18purchasers, the medical and nursing professions, health insurers and health plans, the state |
|---|
| 1252 | | - | 38.19quality improvement organization, academic and research institutions, consumer advisory |
|---|
| 1253 | | - | 38.20organizations with an interest and expertise in health information technology, and other |
|---|
| 1254 | | - | 38.21stakeholders as identified by the commissioner to fulfill the requirements of section 3013, |
|---|
| 1255 | | - | 38.22paragraph (g), of the HITECH Act. |
|---|
| 1256 | | - | 38.23 (c) This subdivision expires June 30, 2031. |
|---|
| 1257 | | - | 38.24 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1258 | | - | 38.25Sec. 6. Minnesota Statutes 2024, section 97A.441, subdivision 3, is amended to read: |
|---|
| 1259 | | - | 38.26 Subd. 3.Angling; residents of state institutions.The commissioner may issue a license, |
|---|
| 1260 | | - | 38.27without a fee, to take fish by angling to a person that is a ward of the commissioner of human |
|---|
| 1261 | | - | 38.28services and a resident of a state institution under the control of the Direct Care and Treatment |
|---|
| 1262 | | - | 38.29executive board upon application by the commissioner of human services. |
|---|
| 1263 | | - | 38.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1264 | | - | 38Article 3 Sec. 6. |
|---|
| 1265 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 39.1 Sec. 7. Minnesota Statutes 2024, section 144.53, is amended to read: |
|---|
| 1266 | | - | 39.2 144.53 FEES. |
|---|
| 1267 | | - | 39.3 Each application for a license, or renewal thereof, to operate a hospital, sanitarium or |
|---|
| 1268 | | - | 39.4other institution for the hospitalization or care of human beings, within the meaning of |
|---|
| 1269 | | - | 39.5sections 144.50 to 144.56, except applications by the Minnesota Veterans Home, the |
|---|
| 1270 | | - | 39.6commissioner of human services Direct Care and Treatment executive board for the licensing |
|---|
| 1271 | | - | 39.7of state institutions, or by the administrator for the licensing of the University of Minnesota |
|---|
| 1272 | | - | 39.8hospitals, shall be accompanied by a fee to be prescribed by the state commissioner of health |
|---|
| 1273 | | - | 39.9pursuant to section 144.122. No fee shall be refunded. Licenses shall expire and shall be |
|---|
| 1274 | | - | 39.10renewed as prescribed by the commissioner of health pursuant to section 144.122. |
|---|
| 1275 | | - | 39.11 No license granted hereunder shall be assignable or transferable. |
|---|
| 1276 | | - | 39.12 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1277 | | - | 39.13Sec. 8. Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read: |
|---|
| 1278 | | - | 39.14 Subd. 2.Definitions.(a) For the purposes of this section, "patient" means a person who |
|---|
| 1279 | | - | 39.15is admitted to an acute care inpatient facility for a continuous period longer than 24 hours, |
|---|
| 1280 | | - | 39.16for the purpose of diagnosis or treatment bearing on the physical or mental health of that |
|---|
| 1281 | | - | 39.17person. For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also |
|---|
| 1282 | | - | 39.18means a person who receives health care services at an outpatient surgical center or at a |
|---|
| 1283 | | - | 39.19birth center licensed under section 144.615. "Patient" also means a minor who is admitted |
|---|
| 1284 | | - | 39.20to a residential program as defined in section 253C.01 paragraph (c). For purposes of |
|---|
| 1285 | | - | 39.21subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any person who is receiving |
|---|
| 1286 | | - | 39.22mental health treatment on an outpatient basis or in a community support program or other |
|---|
| 1287 | | - | 39.23community-based program. |
|---|
| 1288 | | - | 39.24 (b) "Resident" means a person who is admitted to a nonacute care facility including |
|---|
| 1289 | | - | 39.25extended care facilities, nursing homes, and boarding care homes for care required because |
|---|
| 1290 | | - | 39.26of prolonged mental or physical illness or disability, recovery from injury or disease, or |
|---|
| 1291 | | - | 39.27advancing age. For purposes of all subdivisions except subdivisions 28 and 29, "resident" |
|---|
| 1292 | | - | 39.28also means a person who is admitted to a facility licensed as a board and lodging facility |
|---|
| 1293 | | - | 39.29under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care home under sections |
|---|
| 1294 | | - | 39.30144.50 to 144.56, or a supervised living facility under Minnesota Rules, parts 4665.0100 |
|---|
| 1295 | | - | 39.31to 4665.9900, and which operates a rehabilitation program licensed under chapter 245G or |
|---|
| 1296 | | - | 39.32245I, or Minnesota Rules, parts 9530.6510 to 9530.6590. |
|---|
| 1297 | | - | 39Article 3 Sec. 8. |
|---|
| 1298 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 40.1 (c) "Residential program" means (1) a hospital-based primary treatment program that |
|---|
| 1299 | | - | 40.2provides residential treatment to minors with emotional disturbance as defined by the |
|---|
| 1300 | | - | 40.3Comprehensive Children's Mental Health Act in sections 245.487 to 245.4889, or (2) a |
|---|
| 1301 | | - | 40.4facility licensed by the state under Minnesota Rules, parts 2960.0580 to 2960.0700, to |
|---|
| 1302 | | - | 40.5provide services to minors on a 24-hour basis. |
|---|
| 1303 | | - | 40.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1304 | | - | 40.7 Sec. 9. Minnesota Statutes 2024, section 144.651, subdivision 4, is amended to read: |
|---|
| 1305 | | - | 40.8 Subd. 4.Information about rights.Patients and residents shall, at admission, be told |
|---|
| 1306 | | - | 40.9that there are legal rights for their protection during their stay at the facility or throughout |
|---|
| 1307 | | - | 40.10their course of treatment and maintenance in the community and that these are described |
|---|
| 1308 | | - | 40.11in an accompanying written statement of the applicable rights and responsibilities set forth |
|---|
| 1309 | | - | 40.12in this section. In the case of patients admitted to residential programs as defined in section |
|---|
| 1310 | | - | 40.13253C.01, the written statement shall also describe the right of a person 16 years old or older |
|---|
| 1311 | | - | 40.14to request release as provided in section 253B.04, subdivision 2, and shall list the names |
|---|
| 1312 | | - | 40.15and telephone numbers of individuals and organizations that provide advocacy and legal |
|---|
| 1313 | | - | 40.16services for patients in residential programs. Reasonable accommodations shall be made |
|---|
| 1314 | | - | 40.17for people who have communication disabilities and those who speak a language other than |
|---|
| 1315 | | - | 40.18English. Current facility policies, inspection findings of state and local health authorities, |
|---|
| 1316 | | - | 40.19and further explanation of the written statement of rights shall be available to patients, |
|---|
| 1317 | | - | 40.20residents, their guardians or their chosen representatives upon reasonable request to the |
|---|
| 1318 | | - | 40.21administrator or other designated staff person, consistent with chapter 13, the Data Practices |
|---|
| 1319 | | - | 40.22Act, and section 626.557, relating to vulnerable adults. |
|---|
| 1320 | | - | 40.23 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1321 | | - | 40.24Sec. 10. Minnesota Statutes 2024, section 144.651, subdivision 20, is amended to read: |
|---|
| 1322 | | - | 40.25 Subd. 20.Grievances.Patients and residents shall be encouraged and assisted, throughout |
|---|
| 1323 | | - | 40.26their stay in a facility or their course of treatment, to understand and exercise their rights |
|---|
| 1324 | | - | 40.27as patients, residents, and citizens. Patients and residents may voice grievances and |
|---|
| 1325 | | - | 40.28recommend changes in policies and services to facility staff and others of their choice, free |
|---|
| 1326 | | - | 40.29from restraint, interference, coercion, discrimination, or reprisal, including threat of discharge. |
|---|
| 1327 | | - | 40.30Notice of the grievance procedure of the facility or program, as well as addresses and |
|---|
| 1328 | | - | 40.31telephone numbers for the Office of Health Facility Complaints and the area nursing home |
|---|
| 1329 | | - | 40.32ombudsman pursuant to the Older Americans Act, section 307(a)(12) shall be posted in a |
|---|
| 1330 | | - | 40.33conspicuous place. |
|---|
| 1331 | | - | 40Article 3 Sec. 10. |
|---|
| 1332 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 41.1 Every acute care inpatient facility, every residential program as defined in section |
|---|
| 1333 | | - | 41.2253C.01, every nonacute care facility, and every facility employing more than two people |
|---|
| 1334 | | - | 41.3that provides outpatient mental health services shall have a written internal grievance |
|---|
| 1335 | | - | 41.4procedure that, at a minimum, sets forth the process to be followed; specifies time limits, |
|---|
| 1336 | | - | 41.5including time limits for facility response; provides for the patient or resident to have the |
|---|
| 1337 | | - | 41.6assistance of an advocate; requires a written response to written grievances; and provides |
|---|
| 1338 | | - | 41.7for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. |
|---|
| 1339 | | - | 41.8Compliance by hospitals, residential programs as defined in section 253C.01 which are |
|---|
| 1340 | | - | 41.9hospital-based primary treatment programs, and outpatient surgery centers with section |
|---|
| 1341 | | - | 41.10144.691 and compliance by health maintenance organizations with section 62D.11 is deemed |
|---|
| 1342 | | - | 41.11to be compliance with the requirement for a written internal grievance procedure. |
|---|
| 1343 | | - | 41.12 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1344 | | - | 41.13Sec. 11. Minnesota Statutes 2024, section 144.651, subdivision 31, is amended to read: |
|---|
| 1345 | | - | 41.14 Subd. 31.Isolation and restraints.A minor patient who has been admitted to a |
|---|
| 1346 | | - | 41.15residential program as defined in section 253C.01 has the right to be free from physical |
|---|
| 1347 | | - | 41.16restraint and isolation except in emergency situations involving a likelihood that the patient |
|---|
| 1348 | | - | 41.17will physically harm the patient's self or others. These procedures may not be used for |
|---|
| 1349 | | - | 41.18disciplinary purposes, to enforce program rules, or for the convenience of staff. Isolation |
|---|
| 1350 | | - | 41.19or restraint may be used only upon the prior authorization of a physician, advanced practice |
|---|
| 1351 | | - | 41.20registered nurse, physician assistant, psychiatrist, or licensed psychologist, only when less |
|---|
| 1352 | | - | 41.21restrictive measures are ineffective or not feasible and only for the shortest time necessary. |
|---|
| 1353 | | - | 41.22 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1354 | | - | 41.23Sec. 12. Minnesota Statutes 2024, section 144.651, subdivision 32, is amended to read: |
|---|
| 1355 | | - | 41.24 Subd. 32.Treatment plan.A minor patient who has been admitted to a residential |
|---|
| 1356 | | - | 41.25program as defined in section 253C.01 has the right to a written treatment plan that describes |
|---|
| 1357 | | - | 41.26in behavioral terms the case problems, the precise goals of the plan, and the procedures that |
|---|
| 1358 | | - | 41.27will be utilized to minimize the length of time that the minor requires inpatient treatment. |
|---|
| 1359 | | - | 41.28The plan shall also state goals for release to a less restrictive facility and follow-up treatment |
|---|
| 1360 | | - | 41.29measures and services, if appropriate. To the degree possible, the minor patient and the |
|---|
| 1361 | | - | 41.30minor patient's parents or guardian shall be involved in the development of the treatment |
|---|
| 1362 | | - | 41.31and discharge plan. |
|---|
| 1363 | | - | 41.32 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1364 | | - | 41Article 3 Sec. 12. |
|---|
| 1365 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 42.1 Sec. 13. Minnesota Statutes 2024, section 144A.07, is amended to read: |
|---|
| 1366 | | - | 42.2 144A.07 FEES. |
|---|
| 1367 | | - | 42.3 Each application for a license to operate a nursing home, or for a renewal of license, |
|---|
| 1368 | | - | 42.4except an application by the Minnesota Veterans Home or the commissioner of human |
|---|
| 1369 | | - | 42.5services Direct Care and Treatment executive board for the licensing of state institutions, |
|---|
| 1370 | | - | 42.6shall be accompanied by a fee to be prescribed by the commissioner of health pursuant to |
|---|
| 1371 | | - | 42.7section 144.122. No fee shall be refunded. |
|---|
| 1372 | | - | 42.8 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1373 | | - | 42.9 Sec. 14. Minnesota Statutes 2024, section 146A.08, subdivision 4, is amended to read: |
|---|
| 1374 | | - | 42.10 Subd. 4.Examination; access to medical data.(a) If the commissioner has probable |
|---|
| 1375 | | - | 42.11cause to believe that an unlicensed complementary and alternative health care practitioner |
|---|
| 1376 | | - | 42.12has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or (k), the |
|---|
| 1377 | | - | 42.13commissioner may issue an order directing the practitioner to submit to a mental or physical |
|---|
| 1378 | | - | 42.14examination or substance use disorder evaluation. For the purpose of this subdivision, every |
|---|
| 1379 | | - | 42.15unlicensed complementary and alternative health care practitioner is deemed to have |
|---|
| 1380 | | - | 42.16consented to submit to a mental or physical examination or substance use disorder evaluation |
|---|
| 1381 | | - | 42.17when ordered to do so in writing by the commissioner and further to have waived all |
|---|
| 1382 | | - | 42.18objections to the admissibility of the testimony or examination reports of the health care |
|---|
| 1383 | | - | 42.19provider performing the examination or evaluation on the grounds that the same constitute |
|---|
| 1384 | | - | 42.20a privileged communication. Failure of an unlicensed complementary and alternative health |
|---|
| 1385 | | - | 42.21care practitioner to submit to an examination or evaluation when ordered, unless the failure |
|---|
| 1386 | | - | 42.22was due to circumstances beyond the practitioner's control, constitutes an admission that |
|---|
| 1387 | | - | 42.23the unlicensed complementary and alternative health care practitioner violated subdivision |
|---|
| 1388 | | - | 42.241, paragraph (h), (i), (j), or (k), based on the factual specifications in the examination or |
|---|
| 1389 | | - | 42.25evaluation order and may result in a default and final disciplinary order being entered after |
|---|
| 1390 | | - | 42.26a contested case hearing. An unlicensed complementary and alternative health care |
|---|
| 1391 | | - | 42.27practitioner affected under this paragraph shall at reasonable intervals be given an opportunity |
|---|
| 1392 | | - | 42.28to demonstrate that the practitioner can resume the provision of complementary and |
|---|
| 1393 | | - | 42.29alternative health care practices with reasonable safety to clients. In any proceeding under |
|---|
| 1394 | | - | 42.30this paragraph, neither the record of proceedings nor the orders entered by the commissioner |
|---|
| 1395 | | - | 42.31shall be used against an unlicensed complementary and alternative health care practitioner |
|---|
| 1396 | | - | 42.32in any other proceeding. |
|---|
| 1397 | | - | 42.33 (b) In addition to ordering a physical or mental examination or substance use disorder |
|---|
| 1398 | | - | 42.34evaluation, the commissioner may, notwithstanding section 13.384; 144.651; 595.02; or |
|---|
| 1399 | | - | 42Article 3 Sec. 14. |
|---|
| 1400 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 43.1any other law limiting access to medical or other health data, obtain medical data and health |
|---|
| 1401 | | - | 43.2records relating to an unlicensed complementary and alternative health care practitioner |
|---|
| 1402 | | - | 43.3without the practitioner's consent if the commissioner has probable cause to believe that a |
|---|
| 1403 | | - | 43.4practitioner has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or |
|---|
| 1404 | | - | 43.5(k). The medical data may be requested from a provider as defined in section 144.291, |
|---|
| 1405 | | - | 43.6subdivision 2, paragraph (i), an insurance company, or a government agency, including the |
|---|
| 1406 | | - | 43.7Department of Human Services and Direct Care and Treatment. A provider, insurance |
|---|
| 1407 | | - | 43.8company, or government agency shall comply with any written request of the commissioner |
|---|
| 1408 | | - | 43.9under this subdivision and is not liable in any action for damages for releasing the data |
|---|
| 1409 | | - | 43.10requested by the commissioner if the data are released pursuant to a written request under |
|---|
| 1410 | | - | 43.11this subdivision, unless the information is false and the person or organization giving the |
|---|
| 1411 | | - | 43.12information knew or had reason to believe the information was false. Information obtained |
|---|
| 1412 | | - | 43.13under this subdivision is private data under section 13.41. |
|---|
| 1413 | | - | 43.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1414 | | - | 43.15Sec. 15. Minnesota Statutes 2024, section 147.091, subdivision 6, is amended to read: |
|---|
| 1415 | | - | 43.16 Subd. 6.Mental examination; access to medical data.(a) If the board has probable |
|---|
| 1416 | | - | 43.17cause to believe that a regulated person comes under subdivision 1, paragraph (1), it may |
|---|
| 1417 | | - | 43.18direct the person to submit to a mental or physical examination. For the purpose of this |
|---|
| 1418 | | - | 43.19subdivision every regulated person is deemed to have consented to submit to a mental or |
|---|
| 1419 | | - | 43.20physical examination when directed in writing by the board and further to have waived all |
|---|
| 1420 | | - | 43.21objections to the admissibility of the examining physicians' testimony or examination reports |
|---|
| 1421 | | - | 43.22on the ground that the same constitute a privileged communication. Failure of a regulated |
|---|
| 1422 | | - | 43.23person to submit to an examination when directed constitutes an admission of the allegations |
|---|
| 1423 | | - | 43.24against the person, unless the failure was due to circumstance beyond the person's control, |
|---|
| 1424 | | - | 43.25in which case a default and final order may be entered without the taking of testimony or |
|---|
| 1425 | | - | 43.26presentation of evidence. A regulated person affected under this paragraph shall at reasonable |
|---|
| 1426 | | - | 43.27intervals be given an opportunity to demonstrate that the person can resume the competent |
|---|
| 1427 | | - | 43.28practice of the regulated profession with reasonable skill and safety to the public. |
|---|
| 1428 | | - | 43.29 In any proceeding under this paragraph, neither the record of proceedings nor the orders |
|---|
| 1429 | | - | 43.30entered by the board shall be used against a regulated person in any other proceeding. |
|---|
| 1430 | | - | 43.31 (b) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1431 | | - | 43.32notwithstanding section 13.384, 144.651, or any other law limiting access to medical or |
|---|
| 1432 | | - | 43.33other health data, obtain medical data and health records relating to a regulated person or |
|---|
| 1433 | | - | 43.34applicant without the person's or applicant's consent if the board has probable cause to |
|---|
| 1434 | | - | 43Article 3 Sec. 15. |
|---|
| 1435 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 44.1believe that a regulated person comes under subdivision 1, paragraph (1). The medical data |
|---|
| 1436 | | - | 44.2may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph |
|---|
| 1437 | | - | 44.3(i), an insurance company, or a government agency, including the Department of Human |
|---|
| 1438 | | - | 44.4Services and Direct Care and Treatment. A provider, insurance company, or government |
|---|
| 1439 | | - | 44.5agency shall comply with any written request of the board under this subdivision and is not |
|---|
| 1440 | | - | 44.6liable in any action for damages for releasing the data requested by the board if the data are |
|---|
| 1441 | | - | 44.7released pursuant to a written request under this subdivision, unless the information is false |
|---|
| 1442 | | - | 44.8and the provider giving the information knew, or had reason to believe, the information was |
|---|
| 1443 | | - | 44.9false. Information obtained under this subdivision is classified as private under sections |
|---|
| 1444 | | - | 44.1013.01 to 13.87. |
|---|
| 1445 | | - | 44.11 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1446 | | - | 44.12Sec. 16. Minnesota Statutes 2024, section 147A.13, subdivision 6, is amended to read: |
|---|
| 1447 | | - | 44.13 Subd. 6.Mental examination; access to medical data.(a) If the board has probable |
|---|
| 1448 | | - | 44.14cause to believe that a physician assistant comes under subdivision 1, clause (1), it may |
|---|
| 1449 | | - | 44.15direct the physician assistant to submit to a mental or physical examination. For the purpose |
|---|
| 1450 | | - | 44.16of this subdivision, every physician assistant licensed under this chapter is deemed to have |
|---|
| 1451 | | - | 44.17consented to submit to a mental or physical examination when directed in writing by the |
|---|
| 1452 | | - | 44.18board and further to have waived all objections to the admissibility of the examining |
|---|
| 1453 | | - | 44.19physicians' testimony or examination reports on the ground that the same constitute a |
|---|
| 1454 | | - | 44.20privileged communication. Failure of a physician assistant to submit to an examination |
|---|
| 1455 | | - | 44.21when directed constitutes an admission of the allegations against the physician assistant, |
|---|
| 1456 | | - | 44.22unless the failure was due to circumstance beyond the physician assistant's control, in which |
|---|
| 1457 | | - | 44.23case a default and final order may be entered without the taking of testimony or presentation |
|---|
| 1458 | | - | 44.24of evidence. A physician assistant affected under this subdivision shall at reasonable intervals |
|---|
| 1459 | | - | 44.25be given an opportunity to demonstrate that the physician assistant can resume competent |
|---|
| 1460 | | - | 44.26practice with reasonable skill and safety to patients. In any proceeding under this subdivision, |
|---|
| 1461 | | - | 44.27neither the record of proceedings nor the orders entered by the board shall be used against |
|---|
| 1462 | | - | 44.28a physician assistant in any other proceeding. |
|---|
| 1463 | | - | 44.29 (b) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1464 | | - | 44.30notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or |
|---|
| 1465 | | - | 44.31other health data, obtain medical data and health records relating to a licensee or applicant |
|---|
| 1466 | | - | 44.32without the licensee's or applicant's consent if the board has probable cause to believe that |
|---|
| 1467 | | - | 44.33a physician assistant comes under subdivision 1, clause (1). |
|---|
| 1468 | | - | 44Article 3 Sec. 16. |
|---|
| 1469 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 45.1 The medical data may be requested from a provider, as defined in section 144.291, |
|---|
| 1470 | | - | 45.2subdivision 2, paragraph (i), an insurance company, or a government agency, including the |
|---|
| 1471 | | - | 45.3Department of Human Services and Direct Care and Treatment. A provider, insurance |
|---|
| 1472 | | - | 45.4company, or government agency shall comply with any written request of the board under |
|---|
| 1473 | | - | 45.5this subdivision and is not liable in any action for damages for releasing the data requested |
|---|
| 1474 | | - | 45.6by the board if the data are released pursuant to a written request under this subdivision, |
|---|
| 1475 | | - | 45.7unless the information is false and the provider giving the information knew, or had reason |
|---|
| 1476 | | - | 45.8to believe, the information was false. Information obtained under this subdivision is classified |
|---|
| 1477 | | - | 45.9as private under chapter 13. |
|---|
| 1478 | | - | 45.10 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1479 | | - | 45.11Sec. 17. Minnesota Statutes 2024, section 148.10, subdivision 1, is amended to read: |
|---|
| 1480 | | - | 45.12 Subdivision 1.Grounds.(a) The state Board of Chiropractic Examiners may refuse to |
|---|
| 1481 | | - | 45.13grant, or may revoke, suspend, condition, limit, restrict or qualify a license to practice |
|---|
| 1482 | | - | 45.14chiropractic, or may cause the name of a person licensed to be removed from the records |
|---|
| 1483 | | - | 45.15in the office of the court administrator of the district court for: |
|---|
| 1484 | | - | 45.16 (1) advertising that is false or misleading; that violates a rule of the board; or that claims |
|---|
| 1485 | | - | 45.17the cure of any condition or disease; |
|---|
| 1486 | | - | 45.18 (2) the employment of fraud or deception in applying for a license or in passing the |
|---|
| 1487 | | - | 45.19examination provided for in section 148.06 or conduct which subverts or attempts to subvert |
|---|
| 1488 | | - | 45.20the licensing examination process; |
|---|
| 1489 | | - | 45.21 (3) the practice of chiropractic under a false or assumed name or the impersonation of |
|---|
| 1490 | | - | 45.22another practitioner of like or different name; |
|---|
| 1491 | | - | 45.23 (4) the conviction of a crime involving moral turpitude; |
|---|
| 1492 | | - | 45.24 (5) the conviction, during the previous five years, of a felony reasonably related to the |
|---|
| 1493 | | - | 45.25practice of chiropractic; |
|---|
| 1494 | | - | 45.26 (6) habitual intemperance in the use of alcohol or drugs; |
|---|
| 1495 | | - | 45.27 (7) practicing under a license which has not been renewed; |
|---|
| 1496 | | - | 45.28 (8) advanced physical or mental disability; |
|---|
| 1497 | | - | 45.29 (9) the revocation or suspension of a license to practice chiropractic; or other disciplinary |
|---|
| 1498 | | - | 45.30action against the licensee; or the denial of an application for a license by the proper licensing |
|---|
| 1499 | | - | 45.31authority of another state, territory or country; or failure to report to the board that charges |
|---|
| 1500 | | - | 45.32regarding the person's license have been brought in another state or jurisdiction; |
|---|
| 1501 | | - | 45Article 3 Sec. 17. |
|---|
| 1502 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 46.1 (10) the violation of, or failure to comply with, the provisions of sections 148.01 to |
|---|
| 1503 | | - | 46.2148.105, the rules of the state Board of Chiropractic Examiners, or a lawful order of the |
|---|
| 1504 | | - | 46.3board; |
|---|
| 1505 | | - | 46.4 (11) unprofessional conduct; |
|---|
| 1506 | | - | 46.5 (12) being unable to practice chiropractic with reasonable skill and safety to patients by |
|---|
| 1507 | | - | 46.6reason of illness, professional incompetence, senility, drunkenness, use of drugs, narcotics, |
|---|
| 1508 | | - | 46.7chemicals or any other type of material, or as a result of any mental or physical condition, |
|---|
| 1509 | | - | 46.8including deterioration through the aging process or loss of motor skills. If the board has |
|---|
| 1510 | | - | 46.9probable cause to believe that a person comes within this clause, it shall direct the person |
|---|
| 1511 | | - | 46.10to submit to a mental or physical examination. For the purpose of this clause, every person |
|---|
| 1512 | | - | 46.11licensed under this chapter shall be deemed to have given consent to submit to a mental or |
|---|
| 1513 | | - | 46.12physical examination when directed in writing by the board and further to have waived all |
|---|
| 1514 | | - | 46.13objections to the admissibility of the examining physicians' testimony or examination reports |
|---|
| 1515 | | - | 46.14on the ground that the same constitute a privileged communication. Failure of a person to |
|---|
| 1516 | | - | 46.15submit to such examination when directed shall constitute an admission of the allegations, |
|---|
| 1517 | | - | 46.16unless the failure was due to circumstances beyond the person's control, in which case a |
|---|
| 1518 | | - | 46.17default and final order may be entered without the taking of testimony or presentation of |
|---|
| 1519 | | - | 46.18evidence. A person affected under this clause shall at reasonable intervals be afforded an |
|---|
| 1520 | | - | 46.19opportunity to demonstrate that the person can resume the competent practice of chiropractic |
|---|
| 1521 | | - | 46.20with reasonable skill and safety to patients. |
|---|
| 1522 | | - | 46.21 In addition to ordering a physical or mental examination, the board may, notwithstanding |
|---|
| 1523 | | - | 46.22section 13.384, 144.651, or any other law limiting access to health data, obtain health data |
|---|
| 1524 | | - | 46.23and health records relating to a licensee or applicant without the licensee's or applicant's |
|---|
| 1525 | | - | 46.24consent if the board has probable cause to believe that a doctor of chiropractic comes under |
|---|
| 1526 | | - | 46.25this clause. The health data may be requested from a provider, as defined in section 144.291, |
|---|
| 1527 | | - | 46.26subdivision 2, paragraph (i), an insurance company, or a government agency, including the |
|---|
| 1528 | | - | 46.27Department of Human Services and Direct Care and Treatment. A provider, insurance |
|---|
| 1529 | | - | 46.28company, or government agency shall comply with any written request of the board under |
|---|
| 1530 | | - | 46.29this subdivision and is not liable in any action for damages for releasing the data requested |
|---|
| 1531 | | - | 46.30by the board if the data are released pursuant to a written request under this subdivision, |
|---|
| 1532 | | - | 46.31unless the information is false and the provider or entity giving the information knew, or |
|---|
| 1533 | | - | 46.32had reason to believe, the information was false. Information obtained under this subdivision |
|---|
| 1534 | | - | 46.33is classified as private under sections 13.01 to 13.87. |
|---|
| 1535 | | - | 46.34 In any proceeding under this clause, neither the record of proceedings nor the orders |
|---|
| 1536 | | - | 46.35entered by the board shall be used against a person in any other proceeding; |
|---|
| 1537 | | - | 46Article 3 Sec. 17. |
|---|
| 1538 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 47.1 (13) aiding or abetting an unlicensed person in the practice of chiropractic, except that |
|---|
| 1539 | | - | 47.2it is not a violation of this clause for a doctor of chiropractic to employ, supervise, or delegate |
|---|
| 1540 | | - | 47.3functions to a qualified person who may or may not be required to obtain a license or |
|---|
| 1541 | | - | 47.4registration to provide health services if that person is practicing within the scope of the |
|---|
| 1542 | | - | 47.5license or registration or delegated authority; |
|---|
| 1543 | | - | 47.6 (14) improper management of health records, including failure to maintain adequate |
|---|
| 1544 | | - | 47.7health records as described in clause (18), to comply with a patient's request made under |
|---|
| 1545 | | - | 47.8sections 144.291 to 144.298 or to furnish a health record or report required by law; |
|---|
| 1546 | | - | 47.9 (15) failure to make reports required by section 148.102, subdivisions 2 and 5, or to |
|---|
| 1547 | | - | 47.10cooperate with an investigation of the board as required by section 148.104, or the submission |
|---|
| 1548 | | - | 47.11of a knowingly false report against another doctor of chiropractic under section 148.10, |
|---|
| 1549 | | - | 47.12subdivision 3; |
|---|
| 1550 | | - | 47.13 (16) splitting fees, or promising to pay a portion of a fee or a commission, or accepting |
|---|
| 1551 | | - | 47.14a rebate; |
|---|
| 1552 | | - | 47.15 (17) revealing a privileged communication from or relating to a patient, except when |
|---|
| 1553 | | - | 47.16otherwise required or permitted by law; |
|---|
| 1554 | | - | 47.17 (18) failing to keep written chiropractic records justifying the course of treatment of the |
|---|
| 1555 | | - | 47.18patient, including, but not limited to, patient histories, examination results, test results, and |
|---|
| 1556 | | - | 47.19x-rays. Unless otherwise required by law, written records need not be retained for more |
|---|
| 1557 | | - | 47.20than seven years and x-rays need not be retained for more than four years; |
|---|
| 1558 | | - | 47.21 (19) exercising influence on the patient or client in such a manner as to exploit the patient |
|---|
| 1559 | | - | 47.22or client for financial gain of the licensee or of a third party which shall include, but not be |
|---|
| 1560 | | - | 47.23limited to, the promotion or sale of services, goods, or appliances; |
|---|
| 1561 | | - | 47.24 (20) gross or repeated malpractice or the failure to practice chiropractic at a level of |
|---|
| 1562 | | - | 47.25care, skill, and treatment which is recognized by a reasonably prudent chiropractor as being |
|---|
| 1563 | | - | 47.26acceptable under similar conditions and circumstances; or |
|---|
| 1564 | | - | 47.27 (21) delegating professional responsibilities to a person when the licensee delegating |
|---|
| 1565 | | - | 47.28such responsibilities knows or has reason to know that the person is not qualified by training, |
|---|
| 1566 | | - | 47.29experience, or licensure to perform them. |
|---|
| 1567 | | - | 47.30 (b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts to |
|---|
| 1568 | | - | 47.31subvert the licensing examination process includes, but is not limited to: (1) conduct that |
|---|
| 1569 | | - | 47.32violates the security of the examination materials, such as removing examination materials |
|---|
| 1570 | | - | 47.33from the examination room or having unauthorized possession of any portion of a future, |
|---|
| 1571 | | - | 47Article 3 Sec. 17. |
|---|
| 1572 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 48.1current, or previously administered licensing examination; (2) conduct that violates the |
|---|
| 1573 | | - | 48.2standard of test administration, such as communicating with another examinee during |
|---|
| 1574 | | - | 48.3administration of the examination, copying another examinee's answers, permitting another |
|---|
| 1575 | | - | 48.4examinee to copy one's answers, or possessing unauthorized materials; or (3) impersonating |
|---|
| 1576 | | - | 48.5an examinee or permitting an impersonator to take the examination on one's own behalf. |
|---|
| 1577 | | - | 48.6 (c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these |
|---|
| 1578 | | - | 48.7subdivisions includes a conviction of an offense that if committed in this state would be |
|---|
| 1579 | | - | 48.8deemed a felony without regard to its designation elsewhere, or a criminal proceeding where |
|---|
| 1580 | | - | 48.9a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld |
|---|
| 1581 | | - | 48.10or not entered. |
|---|
| 1582 | | - | 48.11 (d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment |
|---|
| 1583 | | - | 48.12or proceeding under seal of the administrator of the court or of the administrative agency |
|---|
| 1584 | | - | 48.13which entered the same shall be admissible into evidence without further authentication |
|---|
| 1585 | | - | 48.14and shall constitute prima facie evidence of its contents. |
|---|
| 1586 | | - | 48.15 (e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any |
|---|
| 1587 | | - | 48.16unethical, deceptive or deleterious conduct or practice harmful to the public, any departure |
|---|
| 1588 | | - | 48.17from or the failure to conform to the minimal standards of acceptable chiropractic practice, |
|---|
| 1589 | | - | 48.18or a willful or careless disregard for the health, welfare or safety of patients, in any of which |
|---|
| 1590 | | - | 48.19cases proof of actual injury need not be established. Unprofessional conduct shall include, |
|---|
| 1591 | | - | 48.20but not be limited to, the following acts of a chiropractor: |
|---|
| 1592 | | - | 48.21 (1) gross ignorance of, or incompetence in, the practice of chiropractic; |
|---|
| 1593 | | - | 48.22 (2) engaging in conduct with a patient that is sexual or may reasonably be interpreted |
|---|
| 1594 | | - | 48.23by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning |
|---|
| 1595 | | - | 48.24to a patient; |
|---|
| 1596 | | - | 48.25 (3) performing unnecessary services; |
|---|
| 1597 | | - | 48.26 (4) charging a patient an unconscionable fee or charging for services not rendered; |
|---|
| 1598 | | - | 48.27 (5) directly or indirectly engaging in threatening, dishonest, or misleading fee collection |
|---|
| 1599 | | - | 48.28techniques; |
|---|
| 1600 | | - | 48.29 (6) perpetrating fraud upon patients, third-party payors, or others, relating to the practice |
|---|
| 1601 | | - | 48.30of chiropractic, including violations of the Medicare or Medicaid laws or state medical |
|---|
| 1602 | | - | 48.31assistance laws; |
|---|
| 1603 | | - | 48.32 (7) advertising that the licensee will accept for services rendered assigned payments |
|---|
| 1604 | | - | 48.33from any third-party payer as payment in full, if the effect is to give the impression of |
|---|
| 1605 | | - | 48Article 3 Sec. 17. |
|---|
| 1606 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 49.1eliminating the need of payment by the patient of any required deductible or co-payment |
|---|
| 1607 | | - | 49.2applicable in the patient's health benefit plan. As used in this clause, "advertise" means |
|---|
| 1608 | | - | 49.3solicitation by the licensee by means of handbills, posters, circulars, motion pictures, radio, |
|---|
| 1609 | | - | 49.4newspapers, television, or in any other manner. In addition to the board's power to punish |
|---|
| 1610 | | - | 49.5for violations of this clause, violation of this clause is also a misdemeanor; |
|---|
| 1611 | | - | 49.6 (8) accepting for services rendered assigned payments from any third-party payer as |
|---|
| 1612 | | - | 49.7payment in full, if the effect is to eliminate the need of payment by the patient of any required |
|---|
| 1613 | | - | 49.8deductible or co-payment applicable in the patient's health benefit plan, except as hereinafter |
|---|
| 1614 | | - | 49.9provided; and |
|---|
| 1615 | | - | 49.10 (9) any other act that the board by rule may define. |
|---|
| 1616 | | - | 49.11 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1617 | | - | 49.12Sec. 18. Minnesota Statutes 2024, section 148.261, subdivision 5, is amended to read: |
|---|
| 1618 | | - | 49.13 Subd. 5.Examination; access to medical data.The board may take the following |
|---|
| 1619 | | - | 49.14actions if it has probable cause to believe that grounds for disciplinary action exist under |
|---|
| 1620 | | - | 49.15subdivision 1, clause (9) or (10): |
|---|
| 1621 | | - | 49.16 (a) It may direct the applicant or nurse to submit to a mental or physical examination or |
|---|
| 1622 | | - | 49.17substance use disorder evaluation. For the purpose of this subdivision, when a nurse licensed |
|---|
| 1623 | | - | 49.18under sections 148.171 to 148.285 is directed in writing by the board to submit to a mental |
|---|
| 1624 | | - | 49.19or physical examination or substance use disorder evaluation, that person is considered to |
|---|
| 1625 | | - | 49.20have consented and to have waived all objections to admissibility on the grounds of privilege. |
|---|
| 1626 | | - | 49.21Failure of the applicant or nurse to submit to an examination when directed constitutes an |
|---|
| 1627 | | - | 49.22admission of the allegations against the applicant or nurse, unless the failure was due to |
|---|
| 1628 | | - | 49.23circumstances beyond the person's control, and the board may enter a default and final order |
|---|
| 1629 | | - | 49.24without taking testimony or allowing evidence to be presented. A nurse affected under this |
|---|
| 1630 | | - | 49.25paragraph shall, at reasonable intervals, be given an opportunity to demonstrate that the |
|---|
| 1631 | | - | 49.26competent practice of professional, advanced practice registered, or practical nursing can |
|---|
| 1632 | | - | 49.27be resumed with reasonable skill and safety to patients. Neither the record of proceedings |
|---|
| 1633 | | - | 49.28nor the orders entered by the board in a proceeding under this paragraph, may be used |
|---|
| 1634 | | - | 49.29against a nurse in any other proceeding. |
|---|
| 1635 | | - | 49.30 (b) It may, notwithstanding sections 13.384, 144.651, 595.02, or any other law limiting |
|---|
| 1636 | | - | 49.31access to medical or other health data, obtain medical data and health records relating to a |
|---|
| 1637 | | - | 49.32registered nurse, advanced practice registered nurse, licensed practical nurse, or applicant |
|---|
| 1638 | | - | 49.33for a license without that person's consent. The medical data may be requested from a |
|---|
| 1639 | | - | 49Article 3 Sec. 18. |
|---|
| 1640 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 50.1provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, |
|---|
| 1641 | | - | 50.2or a government agency, including the Department of Human Services and Direct Care and |
|---|
| 1642 | | - | 50.3Treatment. A provider, insurance company, or government agency shall comply with any |
|---|
| 1643 | | - | 50.4written request of the board under this subdivision and is not liable in any action for damages |
|---|
| 1644 | | - | 50.5for releasing the data requested by the board if the data are released pursuant to a written |
|---|
| 1645 | | - | 50.6request under this subdivision unless the information is false and the provider giving the |
|---|
| 1646 | | - | 50.7information knew, or had reason to believe, the information was false. Information obtained |
|---|
| 1647 | | - | 50.8under this subdivision is classified as private data on individuals as defined in section 13.02. |
|---|
| 1648 | | - | 50.9 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1649 | | - | 50.10Sec. 19. Minnesota Statutes 2024, section 148.754, is amended to read: |
|---|
| 1650 | | - | 50.11 148.754 EXAMINATION; ACCESS TO MEDICAL DATA. |
|---|
| 1651 | | - | 50.12 (a) If the board has probable cause to believe that a licensee comes under section 148.75, |
|---|
| 1652 | | - | 50.13paragraph (a), clause (2), it may direct the licensee to submit to a mental or physical |
|---|
| 1653 | | - | 50.14examination. For the purpose of this paragraph, every licensee is deemed to have consented |
|---|
| 1654 | | - | 50.15to submit to a mental or physical examination when directed in writing by the board and |
|---|
| 1655 | | - | 50.16further to have waived all objections to the admissibility of the examining physicians' |
|---|
| 1656 | | - | 50.17testimony or examination reports on the ground that they constitute a privileged |
|---|
| 1657 | | - | 50.18communication. Failure of the licensee to submit to an examination when directed constitutes |
|---|
| 1658 | | - | 50.19an admission of the allegations against the person, unless the failure was due to circumstances |
|---|
| 1659 | | - | 50.20beyond the person's control, in which case a default and final order may be entered without |
|---|
| 1660 | | - | 50.21the taking of testimony or presentation of evidence. A licensee affected under this paragraph |
|---|
| 1661 | | - | 50.22shall, at reasonable intervals, be given an opportunity to demonstrate that the person can |
|---|
| 1662 | | - | 50.23resume the competent practice of physical therapy with reasonable skill and safety to the |
|---|
| 1663 | | - | 50.24public. |
|---|
| 1664 | | - | 50.25 (b) In any proceeding under paragraph (a), neither the record of proceedings nor the |
|---|
| 1665 | | - | 50.26orders entered by the board shall be used against a licensee in any other proceeding. |
|---|
| 1666 | | - | 50.27 (c) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1667 | | - | 50.28notwithstanding section 13.384, 144.651, or any other law limiting access to medical or |
|---|
| 1668 | | - | 50.29other health data, obtain medical data and health records relating to a licensee or applicant |
|---|
| 1669 | | - | 50.30without the person's or applicant's consent if the board has probable cause to believe that |
|---|
| 1670 | | - | 50.31the person comes under paragraph (a). The medical data may be requested from a provider, |
|---|
| 1671 | | - | 50.32as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, or a |
|---|
| 1672 | | - | 50.33government agency, including the Department of Human Services and Direct Care and |
|---|
| 1673 | | - | 50.34Treatment. A provider, insurance company, or government agency shall comply with any |
|---|
| 1674 | | - | 50Article 3 Sec. 19. |
|---|
| 1675 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 51.1written request of the board under this paragraph and is not liable in any action for damages |
|---|
| 1676 | | - | 51.2for releasing the data requested by the board if the data are released pursuant to a written |
|---|
| 1677 | | - | 51.3request under this paragraph, unless the information is false and the provider giving the |
|---|
| 1678 | | - | 51.4information knew, or had reason to believe, the information was false. Information obtained |
|---|
| 1679 | | - | 51.5under this paragraph is classified as private under sections 13.01 to 13.87. |
|---|
| 1680 | | - | 51.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1681 | | - | 51.7 Sec. 20. Minnesota Statutes 2024, section 148B.5905, is amended to read: |
|---|
| 1682 | | - | 51.8 148B.5905 MENTAL, PHYSICAL, OR SUBSTANCE USE DISORDER |
|---|
| 1683 | | - | 51.9EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA. |
|---|
| 1684 | | - | 51.10 (a) If the board has probable cause to believe section 148B.59, paragraph (a), clause (9), |
|---|
| 1685 | | - | 51.11applies to a licensee or applicant, the board may direct the person to submit to a mental, |
|---|
| 1686 | | - | 51.12physical, or substance use disorder examination or evaluation. For the purpose of this section, |
|---|
| 1687 | | - | 51.13every licensee and applicant is deemed to have consented to submit to a mental, physical, |
|---|
| 1688 | | - | 51.14or substance use disorder examination or evaluation when directed in writing by the board |
|---|
| 1689 | | - | 51.15and to have waived all objections to the admissibility of the examining professionals' |
|---|
| 1690 | | - | 51.16testimony or examination reports on the grounds that the testimony or examination reports |
|---|
| 1691 | | - | 51.17constitute a privileged communication. Failure of a licensee or applicant to submit to an |
|---|
| 1692 | | - | 51.18examination when directed by the board constitutes an admission of the allegations against |
|---|
| 1693 | | - | 51.19the person, unless the failure was due to circumstances beyond the person's control, in which |
|---|
| 1694 | | - | 51.20case a default and final order may be entered without the taking of testimony or presentation |
|---|
| 1695 | | - | 51.21of evidence. A licensee or applicant affected under this paragraph shall at reasonable intervals |
|---|
| 1696 | | - | 51.22be given an opportunity to demonstrate that the person can resume the competent practice |
|---|
| 1697 | | - | 51.23of licensed professional counseling with reasonable skill and safety to the public. In any |
|---|
| 1698 | | - | 51.24proceeding under this paragraph, neither the record of proceedings nor the orders entered |
|---|
| 1699 | | - | 51.25by the board shall be used against a licensee or applicant in any other proceeding. |
|---|
| 1700 | | - | 51.26 (b) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1701 | | - | 51.27notwithstanding section 13.384, 144.651, or any other law limiting access to medical or |
|---|
| 1702 | | - | 51.28other health data, obtain medical data and health records relating to a licensee or applicant |
|---|
| 1703 | | - | 51.29without the licensee's or applicant's consent if the board has probable cause to believe that |
|---|
| 1704 | | - | 51.30section 148B.59, paragraph (a), clause (9), applies to the licensee or applicant. The medical |
|---|
| 1705 | | - | 51.31data may be requested from a provider, as defined in section 144.291, subdivision 2, |
|---|
| 1706 | | - | 51.32paragraph (i); an insurance company; or a government agency, including the Department |
|---|
| 1707 | | - | 51.33of Human Services and Direct Care and Treatment. A provider, insurance company, or |
|---|
| 1708 | | - | 51.34government agency shall comply with any written request of the board under this subdivision |
|---|
| 1709 | | - | 51Article 3 Sec. 20. |
|---|
| 1710 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 52.1and is not liable in any action for damages for releasing the data requested by the board if |
|---|
| 1711 | | - | 52.2the data are released pursuant to a written request under this subdivision, unless the |
|---|
| 1712 | | - | 52.3information is false and the provider giving the information knew, or had reason to believe, |
|---|
| 1713 | | - | 52.4the information was false. Information obtained under this subdivision is classified as private |
|---|
| 1714 | | - | 52.5under sections 13.01 to 13.87. |
|---|
| 1715 | | - | 52.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1716 | | - | 52.7 Sec. 21. Minnesota Statutes 2024, section 148F.09, subdivision 6, is amended to read: |
|---|
| 1717 | | - | 52.8 Subd. 6.Mental, physical, or chemical health evaluation.(a) If the board has probable |
|---|
| 1718 | | - | 52.9cause to believe that an applicant or licensee is unable to practice alcohol and drug counseling |
|---|
| 1719 | | - | 52.10with reasonable skill and safety due to a mental or physical illness or condition, the board |
|---|
| 1720 | | - | 52.11may direct the individual to submit to a mental, physical, or chemical dependency |
|---|
| 1721 | | - | 52.12examination or evaluation. |
|---|
| 1722 | | - | 52.13 (1) For the purposes of this section, every licensee and applicant is deemed to have |
|---|
| 1723 | | - | 52.14consented to submit to a mental, physical, or chemical dependency examination or evaluation |
|---|
| 1724 | | - | 52.15when directed in writing by the board and to have waived all objections to the admissibility |
|---|
| 1725 | | - | 52.16of the examining professionals' testimony or examination reports on the grounds that the |
|---|
| 1726 | | - | 52.17testimony or examination reports constitute a privileged communication. |
|---|
| 1727 | | - | 52.18 (2) Failure of a licensee or applicant to submit to an examination when directed by the |
|---|
| 1728 | | - | 52.19board constitutes an admission of the allegations against the person, unless the failure was |
|---|
| 1729 | | - | 52.20due to circumstances beyond the person's control, in which case a default and final order |
|---|
| 1730 | | - | 52.21may be entered without the taking of testimony or presentation of evidence. |
|---|
| 1731 | | - | 52.22 (3) A licensee or applicant affected under this subdivision shall at reasonable intervals |
|---|
| 1732 | | - | 52.23be given an opportunity to demonstrate that the licensee or applicant can resume the |
|---|
| 1733 | | - | 52.24competent practice of licensed alcohol and drug counseling with reasonable skill and safety |
|---|
| 1734 | | - | 52.25to the public. |
|---|
| 1735 | | - | 52.26 (4) In any proceeding under this subdivision, neither the record of proceedings nor the |
|---|
| 1736 | | - | 52.27orders entered by the board shall be used against the licensee or applicant in any other |
|---|
| 1737 | | - | 52.28proceeding. |
|---|
| 1738 | | - | 52.29 (b) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1739 | | - | 52.30notwithstanding section 13.384 or sections 144.291 to 144.298, or any other law limiting |
|---|
| 1740 | | - | 52.31access to medical or other health data, obtain medical data and health records relating to a |
|---|
| 1741 | | - | 52.32licensee or applicant without the licensee's or applicant's consent if the board has probable |
|---|
| 1742 | | - | 52Article 3 Sec. 21. |
|---|
| 1743 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 53.1cause to believe that subdivision 1, clause (9), applies to the licensee or applicant. The |
|---|
| 1744 | | - | 53.2medical data may be requested from: |
|---|
| 1745 | | - | 53.3 (1) a provider, as defined in section 144.291, subdivision 2, paragraph (i); |
|---|
| 1746 | | - | 53.4 (2) an insurance company; or |
|---|
| 1747 | | - | 53.5 (3) a government agency, including the Department of Human Services and Direct Care |
|---|
| 1748 | | - | 53.6and Treatment. |
|---|
| 1749 | | - | 53.7 (c) A provider, insurance company, or government agency must comply with any written |
|---|
| 1750 | | - | 53.8request of the board under this subdivision and is not liable in any action for damages for |
|---|
| 1751 | | - | 53.9releasing the data requested by the board if the data are released pursuant to a written request |
|---|
| 1752 | | - | 53.10under this subdivision, unless the information is false and the provider giving the information |
|---|
| 1753 | | - | 53.11knew, or had reason to believe, the information was false. |
|---|
| 1754 | | - | 53.12 (d) Information obtained under this subdivision is private data on individuals as defined |
|---|
| 1755 | | - | 53.13in section 13.02, subdivision 12. |
|---|
| 1756 | | - | 53.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1757 | | - | 53.15Sec. 22. Minnesota Statutes 2024, section 150A.08, subdivision 6, is amended to read: |
|---|
| 1758 | | - | 53.16 Subd. 6.Medical records.Notwithstanding contrary provisions of sections 13.384 and |
|---|
| 1759 | | - | 53.17144.651 or any other statute limiting access to medical or other health data, the board may |
|---|
| 1760 | | - | 53.18obtain medical data and health records of a licensee or applicant without the licensee's or |
|---|
| 1761 | | - | 53.19applicant's consent if the information is requested by the board as part of the process specified |
|---|
| 1762 | | - | 53.20in subdivision 5. The medical data may be requested from a provider, as defined in section |
|---|
| 1763 | | - | 53.21144.291, subdivision 2, paragraph (h), an insurance company, or a government agency, |
|---|
| 1764 | | - | 53.22including the Department of Human Services and Direct Care and Treatment. A provider, |
|---|
| 1765 | | - | 53.23insurance company, or government agency shall comply with any written request of the |
|---|
| 1766 | | - | 53.24board under this subdivision and shall not be liable in any action for damages for releasing |
|---|
| 1767 | | - | 53.25the data requested by the board if the data are released pursuant to a written request under |
|---|
| 1768 | | - | 53.26this subdivision, unless the information is false and the provider giving the information |
|---|
| 1769 | | - | 53.27knew, or had reason to believe, the information was false. Information obtained under this |
|---|
| 1770 | | - | 53.28subdivision shall be classified as private under the Minnesota Government Data Practices |
|---|
| 1771 | | - | 53.29Act. |
|---|
| 1772 | | - | 53.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1773 | | - | 53Article 3 Sec. 22. |
|---|
| 1774 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 54.1 Sec. 23. Minnesota Statutes 2024, section 151.071, subdivision 10, is amended to read: |
|---|
| 1775 | | - | 54.2 Subd. 10.Mental examination; access to medical data.(a) If the board receives a |
|---|
| 1776 | | - | 54.3complaint and has probable cause to believe that an individual licensed or registered by the |
|---|
| 1777 | | - | 54.4board falls under subdivision 2, clause (14), it may direct the individual to submit to a mental |
|---|
| 1778 | | - | 54.5or physical examination. For the purpose of this subdivision, every licensed or registered |
|---|
| 1779 | | - | 54.6individual is deemed to have consented to submit to a mental or physical examination when |
|---|
| 1780 | | - | 54.7directed in writing by the board and further to have waived all objections to the admissibility |
|---|
| 1781 | | - | 54.8of the examining practitioner's testimony or examination reports on the grounds that the |
|---|
| 1782 | | - | 54.9same constitute a privileged communication. Failure of a licensed or registered individual |
|---|
| 1783 | | - | 54.10to submit to an examination when directed constitutes an admission of the allegations against |
|---|
| 1784 | | - | 54.11the individual, unless the failure was due to circumstances beyond the individual's control, |
|---|
| 1785 | | - | 54.12in which case a default and final order may be entered without the taking of testimony or |
|---|
| 1786 | | - | 54.13presentation of evidence. Pharmacists affected under this paragraph shall at reasonable |
|---|
| 1787 | | - | 54.14intervals be given an opportunity to demonstrate that they can resume the competent practice |
|---|
| 1788 | | - | 54.15of the profession of pharmacy with reasonable skill and safety to the public. Pharmacist |
|---|
| 1789 | | - | 54.16interns, pharmacy technicians, or controlled substance researchers affected under this |
|---|
| 1790 | | - | 54.17paragraph shall at reasonable intervals be given an opportunity to demonstrate that they can |
|---|
| 1791 | | - | 54.18competently resume the duties that can be performed, under this chapter or the rules of the |
|---|
| 1792 | | - | 54.19board, by similarly registered persons with reasonable skill and safety to the public. In any |
|---|
| 1793 | | - | 54.20proceeding under this paragraph, neither the record of proceedings nor the orders entered |
|---|
| 1794 | | - | 54.21by the board shall be used against a licensed or registered individual in any other proceeding. |
|---|
| 1795 | | - | 54.22 (b) Notwithstanding section 13.384, 144.651, or any other law limiting access to medical |
|---|
| 1796 | | - | 54.23or other health data, the board may obtain medical data and health records relating to an |
|---|
| 1797 | | - | 54.24individual licensed or registered by the board, or to an applicant for licensure or registration, |
|---|
| 1798 | | - | 54.25without the individual's consent when the board receives a complaint and has probable cause |
|---|
| 1799 | | - | 54.26to believe that the individual is practicing in violation of subdivision 2, clause (14), and the |
|---|
| 1800 | | - | 54.27data and health records are limited to the complaint. The medical data may be requested |
|---|
| 1801 | | - | 54.28from a provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance |
|---|
| 1802 | | - | 54.29company, or a government agency, including the Department of Human Services and Direct |
|---|
| 1803 | | - | 54.30Care and Treatment. A provider, insurance company, or government agency shall comply |
|---|
| 1804 | | - | 54.31with any written request of the board under this subdivision and is not liable in any action |
|---|
| 1805 | | - | 54.32for damages for releasing the data requested by the board if the data are released pursuant |
|---|
| 1806 | | - | 54.33to a written request under this subdivision, unless the information is false and the provider |
|---|
| 1807 | | - | 54.34giving the information knew, or had reason to believe, the information was false. Information |
|---|
| 1808 | | - | 54.35obtained under this subdivision is classified as private under sections 13.01 to 13.87. |
|---|
| 1809 | | - | 54Article 3 Sec. 23. |
|---|
| 1810 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 55.1 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1811 | | - | 55.2 Sec. 24. Minnesota Statutes 2024, section 153.21, subdivision 2, is amended to read: |
|---|
| 1812 | | - | 55.3 Subd. 2.Access to medical data.In addition to ordering a physical or mental examination |
|---|
| 1813 | | - | 55.4or substance use disorder evaluation, the board may, notwithstanding section 13.384, 144.651, |
|---|
| 1814 | | - | 55.5or any other law limiting access to medical or other health data, obtain medical data and |
|---|
| 1815 | | - | 55.6health records relating to a licensee or applicant without the licensee's or applicant's consent |
|---|
| 1816 | | - | 55.7if the board has probable cause to believe that a doctor of podiatric medicine falls within |
|---|
| 1817 | | - | 55.8the provisions of section 153.19, subdivision 1, clause (12). The medical data may be |
|---|
| 1818 | | - | 55.9requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h), an |
|---|
| 1819 | | - | 55.10insurance company, or a government agency, including the Department of Human Services |
|---|
| 1820 | | - | 55.11and Direct Care and Treatment. A provider, insurance company, or government agency |
|---|
| 1821 | | - | 55.12shall comply with any written request of the board under this section and is not liable in |
|---|
| 1822 | | - | 55.13any action for damages for releasing the data requested by the board if the data are released |
|---|
| 1823 | | - | 55.14in accordance with a written request under this section, unless the information is false and |
|---|
| 1824 | | - | 55.15the provider giving the information knew, or had reason to believe, the information was |
|---|
| 1825 | | - | 55.16false. |
|---|
| 1826 | | - | 55.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1827 | | - | 55.18Sec. 25. Minnesota Statutes 2024, section 153B.70, is amended to read: |
|---|
| 1828 | | - | 55.19 153B.70 GROUNDS FOR DISCIPLINARY ACTION. |
|---|
| 1829 | | - | 55.20 (a) The board may refuse to issue or renew a license, revoke or suspend a license, or |
|---|
| 1830 | | - | 55.21place on probation or reprimand a licensee for one or any combination of the following: |
|---|
| 1831 | | - | 55.22 (1) making a material misstatement in furnishing information to the board; |
|---|
| 1832 | | - | 55.23 (2) violating or intentionally disregarding the requirements of this chapter; |
|---|
| 1833 | | - | 55.24 (3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt, |
|---|
| 1834 | | - | 55.25or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the |
|---|
| 1835 | | - | 55.26profession. Conviction, as used in this clause, includes a conviction of an offense which, if |
|---|
| 1836 | | - | 55.27committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, |
|---|
| 1837 | | - | 55.28without regard to its designation elsewhere, or a criminal proceeding where a finding or |
|---|
| 1838 | | - | 55.29verdict of guilty is made or returned but the adjudication of guilt is either withheld or not |
|---|
| 1839 | | - | 55.30entered; |
|---|
| 1840 | | - | 55.31 (4) making a misrepresentation in order to obtain or renew a license; |
|---|
| 1841 | | - | 55Article 3 Sec. 25. |
|---|
| 1842 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 56.1 (5) displaying a pattern of practice or other behavior that demonstrates incapacity or |
|---|
| 1843 | | - | 56.2incompetence to practice; |
|---|
| 1844 | | - | 56.3 (6) aiding or assisting another person in violating the provisions of this chapter; |
|---|
| 1845 | | - | 56.4 (7) failing to provide information within 60 days in response to a written request from |
|---|
| 1846 | | - | 56.5the board, including documentation of completion of continuing education requirements; |
|---|
| 1847 | | - | 56.6 (8) engaging in dishonorable, unethical, or unprofessional conduct; |
|---|
| 1848 | | - | 56.7 (9) engaging in conduct of a character likely to deceive, defraud, or harm the public; |
|---|
| 1849 | | - | 56.8 (10) inability to practice due to habitual intoxication, addiction to drugs, or mental or |
|---|
| 1850 | | - | 56.9physical illness; |
|---|
| 1851 | | - | 56.10 (11) being disciplined by another state or territory of the United States, the federal |
|---|
| 1852 | | - | 56.11government, a national certification organization, or foreign nation, if at least one of the |
|---|
| 1853 | | - | 56.12grounds for the discipline is the same or substantially equivalent to one of the grounds in |
|---|
| 1854 | | - | 56.13this section; |
|---|
| 1855 | | - | 56.14 (12) directly or indirectly giving to or receiving from a person, firm, corporation, |
|---|
| 1856 | | - | 56.15partnership, or association a fee, commission, rebate, or other form of compensation for |
|---|
| 1857 | | - | 56.16professional services not actually or personally rendered; |
|---|
| 1858 | | - | 56.17 (13) incurring a finding by the board that the licensee, after the licensee has been placed |
|---|
| 1859 | | - | 56.18on probationary status, has violated the conditions of the probation; |
|---|
| 1860 | | - | 56.19 (14) abandoning a patient or client; |
|---|
| 1861 | | - | 56.20 (15) willfully making or filing false records or reports in the course of the licensee's |
|---|
| 1862 | | - | 56.21practice including, but not limited to, false records or reports filed with state or federal |
|---|
| 1863 | | - | 56.22agencies; |
|---|
| 1864 | | - | 56.23 (16) willfully failing to report child maltreatment as required under the Maltreatment of |
|---|
| 1865 | | - | 56.24Minors Act, chapter 260E; or |
|---|
| 1866 | | - | 56.25 (17) soliciting professional services using false or misleading advertising. |
|---|
| 1867 | | - | 56.26 (b) A license to practice is automatically suspended if (1) a guardian of a licensee is |
|---|
| 1868 | | - | 56.27appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other |
|---|
| 1869 | | - | 56.28than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant |
|---|
| 1870 | | - | 56.29to chapter 253B. The license remains suspended until the licensee is restored to capacity |
|---|
| 1871 | | - | 56.30by a court and, upon petition by the licensee, the suspension is terminated by the board after |
|---|
| 1872 | | - | 56.31a hearing. The licensee may be reinstated to practice, either with or without restrictions, by |
|---|
| 1873 | | - | 56.32demonstrating clear and convincing evidence of rehabilitation. The regulated person is not |
|---|
| 1874 | | - | 56Article 3 Sec. 25. |
|---|
| 1875 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 57.1required to prove rehabilitation if the subsequent court decision overturns previous court |
|---|
| 1876 | | - | 57.2findings of public risk. |
|---|
| 1877 | | - | 57.3 (c) If the board has probable cause to believe that a licensee or applicant has violated |
|---|
| 1878 | | - | 57.4paragraph (a), clause (10), it may direct the person to submit to a mental or physical |
|---|
| 1879 | | - | 57.5examination. For the purpose of this section, every person is deemed to have consented to |
|---|
| 1880 | | - | 57.6submit to a mental or physical examination when directed in writing by the board and to |
|---|
| 1881 | | - | 57.7have waived all objections to the admissibility of the examining physician's testimony or |
|---|
| 1882 | | - | 57.8examination report on the grounds that the testimony or report constitutes a privileged |
|---|
| 1883 | | - | 57.9communication. Failure of a regulated person to submit to an examination when directed |
|---|
| 1884 | | - | 57.10constitutes an admission of the allegations against the person, unless the failure was due to |
|---|
| 1885 | | - | 57.11circumstances beyond the person's control, in which case a default and final order may be |
|---|
| 1886 | | - | 57.12entered without the taking of testimony or presentation of evidence. A regulated person |
|---|
| 1887 | | - | 57.13affected under this paragraph shall at reasonable intervals be given an opportunity to |
|---|
| 1888 | | - | 57.14demonstrate that the person can resume the competent practice of the regulated profession |
|---|
| 1889 | | - | 57.15with reasonable skill and safety to the public. In any proceeding under this paragraph, neither |
|---|
| 1890 | | - | 57.16the record of proceedings nor the orders entered by the board shall be used against a regulated |
|---|
| 1891 | | - | 57.17person in any other proceeding. |
|---|
| 1892 | | - | 57.18 (d) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1893 | | - | 57.19notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or |
|---|
| 1894 | | - | 57.20other health data, obtain medical data and health records relating to a licensee or applicant |
|---|
| 1895 | | - | 57.21without the person's or applicant's consent if the board has probable cause to believe that a |
|---|
| 1896 | | - | 57.22licensee is subject to paragraph (a), clause (10). The medical data may be requested from |
|---|
| 1897 | | - | 57.23a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, |
|---|
| 1898 | | - | 57.24or a government agency, including the Department of Human Services and Direct Care and |
|---|
| 1899 | | - | 57.25Treatment. A provider, insurance company, or government agency shall comply with any |
|---|
| 1900 | | - | 57.26written request of the board under this section and is not liable in any action for damages |
|---|
| 1901 | | - | 57.27for releasing the data requested by the board if the data are released pursuant to a written |
|---|
| 1902 | | - | 57.28request under this section, unless the information is false and the provider giving the |
|---|
| 1903 | | - | 57.29information knew, or had reason to know, the information was false. Information obtained |
|---|
| 1904 | | - | 57.30under this section is private data on individuals as defined in section 13.02. |
|---|
| 1905 | | - | 57.31 (e) If the board issues an order of immediate suspension of a license, a hearing must be |
|---|
| 1906 | | - | 57.32held within 30 days of the suspension and completed without delay. |
|---|
| 1907 | | - | 57.33 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1908 | | - | 57Article 3 Sec. 25. |
|---|
| 1909 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 58.1 Sec. 26. Minnesota Statutes 2024, section 168.012, subdivision 1, is amended to read: |
|---|
| 1910 | | - | 58.2 Subdivision 1.Vehicles exempt from tax, fees, or plate display.(a) The following |
|---|
| 1911 | | - | 58.3vehicles are exempt from the provisions of this chapter requiring payment of tax and |
|---|
| 1912 | | - | 58.4registration fees, except as provided in subdivision 1c: |
|---|
| 1913 | | - | 58.5 (1) vehicles owned and used solely in the transaction of official business by the federal |
|---|
| 1914 | | - | 58.6government, the state, or any political subdivision; |
|---|
| 1915 | | - | 58.7 (2) vehicles owned and used exclusively by educational institutions and used solely in |
|---|
| 1916 | | - | 58.8the transportation of pupils to and from those institutions; |
|---|
| 1917 | | - | 58.9 (3) vehicles used solely in driver education programs at nonpublic high schools; |
|---|
| 1918 | | - | 58.10 (4) vehicles owned by nonprofit charities and used exclusively to transport disabled |
|---|
| 1919 | | - | 58.11persons for charitable, religious, or educational purposes; |
|---|
| 1920 | | - | 58.12 (5) vehicles owned by nonprofit charities and used exclusively for disaster response and |
|---|
| 1921 | | - | 58.13related activities; |
|---|
| 1922 | | - | 58.14 (6) vehicles owned by ambulance services licensed under section 144E.10 that are |
|---|
| 1923 | | - | 58.15equipped and specifically intended for emergency response or providing ambulance services; |
|---|
| 1924 | | - | 58.16and |
|---|
| 1925 | | - | 58.17 (7) vehicles owned by a commercial driving school licensed under section 171.34, or |
|---|
| 1926 | | - | 58.18an employee of a commercial driving school licensed under section 171.34, and the vehicle |
|---|
| 1927 | | - | 58.19is used exclusively for driver education and training. |
|---|
| 1928 | | - | 58.20 (b) Provided the general appearance of the vehicle is unmistakable, the following vehicles |
|---|
| 1929 | | - | 58.21are not required to register or display number plates: |
|---|
| 1930 | | - | 58.22 (1) vehicles owned by the federal government; |
|---|
| 1931 | | - | 58.23 (2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the |
|---|
| 1932 | | - | 58.24state or a political subdivision; |
|---|
| 1933 | | - | 58.25 (3) police patrols owned or leased by the state or a political subdivision; and |
|---|
| 1934 | | - | 58.26 (4) ambulances owned or leased by the state or a political subdivision. |
|---|
| 1935 | | - | 58.27 (c) Unmarked vehicles used in general police work, liquor investigations, or arson |
|---|
| 1936 | | - | 58.28investigations, and passenger automobiles, pickup trucks, and buses owned or operated by |
|---|
| 1937 | | - | 58.29the Department of Corrections or by conservation officers of the Division of Enforcement |
|---|
| 1938 | | - | 58.30and Field Service of the Department of Natural Resources, must be registered and must |
|---|
| 1939 | | - | 58.31display appropriate license number plates, furnished by the registrar at cost. Original and |
|---|
| 1940 | | - | 58Article 3 Sec. 26. |
|---|
| 1941 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 59.1renewal applications for these license plates authorized for use in general police work and |
|---|
| 1942 | | - | 59.2for use by the Department of Corrections or by conservation officers must be accompanied |
|---|
| 1943 | | - | 59.3by a certification signed by the appropriate chief of police if issued to a police vehicle, the |
|---|
| 1944 | | - | 59.4appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if issued |
|---|
| 1945 | | - | 59.5to a Department of Corrections vehicle, or the appropriate officer in charge if issued to a |
|---|
| 1946 | | - | 59.6vehicle of any other law enforcement agency. The certification must be on a form prescribed |
|---|
| 1947 | | - | 59.7by the commissioner and state that the vehicle will be used exclusively for a purpose |
|---|
| 1948 | | - | 59.8authorized by this section. |
|---|
| 1949 | | - | 59.9 (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry, |
|---|
| 1950 | | - | 59.10fraud unit, in conducting seizures or criminal investigations must be registered and must |
|---|
| 1951 | | - | 59.11display passenger vehicle classification license number plates, furnished at cost by the |
|---|
| 1952 | | - | 59.12registrar. Original and renewal applications for these passenger vehicle license plates must |
|---|
| 1953 | | - | 59.13be accompanied by a certification signed by the commissioner of revenue or the |
|---|
| 1954 | | - | 59.14commissioner of labor and industry. The certification must be on a form prescribed by the |
|---|
| 1955 | | - | 59.15commissioner and state that the vehicles will be used exclusively for the purposes authorized |
|---|
| 1956 | | - | 59.16by this section. |
|---|
| 1957 | | - | 59.17 (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the |
|---|
| 1958 | | - | 59.18Department of Health must be registered and must display passenger vehicle classification |
|---|
| 1959 | | - | 59.19license number plates. These plates must be furnished at cost by the registrar. Original and |
|---|
| 1960 | | - | 59.20renewal applications for these passenger vehicle license plates must be accompanied by a |
|---|
| 1961 | | - | 59.21certification signed by the commissioner of health. The certification must be on a form |
|---|
| 1962 | | - | 59.22prescribed by the commissioner and state that the vehicles will be used exclusively for the |
|---|
| 1963 | | - | 59.23official duties of the Division of Disease Prevention and Control. |
|---|
| 1964 | | - | 59.24 (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling |
|---|
| 1965 | | - | 59.25investigations and reviews must be registered and must display passenger vehicle |
|---|
| 1966 | | - | 59.26classification license number plates. These plates must be furnished at cost by the registrar. |
|---|
| 1967 | | - | 59.27Original and renewal applications for these passenger vehicle license plates must be |
|---|
| 1968 | | - | 59.28accompanied by a certification signed by the board chair. The certification must be on a |
|---|
| 1969 | | - | 59.29form prescribed by the commissioner and state that the vehicles will be used exclusively |
|---|
| 1970 | | - | 59.30for the official duties of the Gambling Control Board. |
|---|
| 1971 | | - | 59.31 (g) Unmarked vehicles used in general investigation, surveillance, supervision, and |
|---|
| 1972 | | - | 59.32monitoring by the Department of Human Services' Office of Special Investigations' staff; |
|---|
| 1973 | | - | 59.33the Minnesota Sex Offender Program's executive director and the executive director's staff; |
|---|
| 1974 | | - | 59.34and the Office of Inspector General's staff, including, but not limited to, county fraud |
|---|
| 1975 | | - | 59.35prevention investigators, must be registered and must display passenger vehicle classification |
|---|
| 1976 | | - | 59Article 3 Sec. 26. |
|---|
| 1977 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 60.1license number plates, furnished by the registrar at cost. Original and renewal applications |
|---|
| 1978 | | - | 60.2for passenger vehicle license plates must be accompanied by a certification signed by the |
|---|
| 1979 | | - | 60.3commissioner of human services. The certification must be on a form prescribed by the |
|---|
| 1980 | | - | 60.4commissioner and state that the vehicles must be used exclusively for the official duties of |
|---|
| 1981 | | - | 60.5the Office of Special Investigations' staff; the Minnesota Sex Offender Program's executive |
|---|
| 1982 | | - | 60.6director and the executive director's staff; and the Office of the Inspector General's staff, |
|---|
| 1983 | | - | 60.7including, but not limited to, contract and county fraud prevention investigators. |
|---|
| 1984 | | - | 60.8 (h) Unmarked vehicles used in general investigation, surveillance, supervision, and |
|---|
| 1985 | | - | 60.9monitoring by the Direct Care and Treatment Office of Special Investigations' staff and |
|---|
| 1986 | | - | 60.10unmarked vehicles used by the Minnesota Sex Offender Program's executive director and |
|---|
| 1987 | | - | 60.11the executive director's staff must be registered and must display passenger vehicle |
|---|
| 1988 | | - | 60.12classification license number plates, furnished by the registrar at cost. Original and renewal |
|---|
| 1989 | | - | 60.13applications for passenger vehicle license plates must be accompanied by a certification |
|---|
| 1990 | | - | 60.14signed by the Direct Care and Treatment executive board. The certification must be on a |
|---|
| 1991 | | - | 60.15form prescribed by the commissioner and state that the vehicles must be used exclusively |
|---|
| 1992 | | - | 60.16for the official duties of the Minnesota Sex Offender Program's executive director and the |
|---|
| 1993 | | - | 60.17executive director's staff, including but not limited to contract and county fraud prevention |
|---|
| 1994 | | - | 60.18investigators. |
|---|
| 1995 | | - | 60.19 (h) (i) Each state hospital and institution for persons who are mentally ill and |
|---|
| 1996 | | - | 60.20developmentally disabled may have one vehicle without the required identification on the |
|---|
| 1997 | | - | 60.21sides of the vehicle. The vehicle must be registered and must display passenger vehicle |
|---|
| 1998 | | - | 60.22classification license number plates. These plates must be furnished at cost by the registrar. |
|---|
| 1999 | | - | 60.23Original and renewal applications for these passenger vehicle license plates must be |
|---|
| 2000 | | - | 60.24accompanied by a certification signed by the hospital administrator. The certification must |
|---|
| 2001 | | - | 60.25be on a form prescribed by the commissioner Direct Care and Treatment executive board |
|---|
| 2002 | | - | 60.26and state that the vehicles will be used exclusively for the official duties of the state hospital |
|---|
| 2003 | | - | 60.27or institution. |
|---|
| 2004 | | - | 60.28 (i) (j) Each county social service agency may have vehicles used for child and vulnerable |
|---|
| 2005 | | - | 60.29adult protective services without the required identification on the sides of the vehicle. The |
|---|
| 2006 | | - | 60.30vehicles must be registered and must display passenger vehicle classification license number |
|---|
| 2007 | | - | 60.31plates. These plates must be furnished at cost by the registrar. Original and renewal |
|---|
| 2008 | | - | 60.32applications for these passenger vehicle license plates must be accompanied by a certification |
|---|
| 2009 | | - | 60.33signed by the agency administrator. The certification must be on a form prescribed by the |
|---|
| 2010 | | - | 60.34commissioner and state that the vehicles will be used exclusively for the official duties of |
|---|
| 2011 | | - | 60.35the social service agency. |
|---|
| 2012 | | - | 60Article 3 Sec. 26. |
|---|
| 2013 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 61.1 (j) (k) Unmarked vehicles used in general investigation, surveillance, supervision, and |
|---|
| 2014 | | - | 61.2monitoring by tobacco inspector staff of the Department of Human Services' Alcohol and |
|---|
| 2015 | | - | 61.3Drug Abuse Division for the purposes of tobacco inspections, investigations, and reviews |
|---|
| 2016 | | - | 61.4must be registered and must display passenger vehicle classification license number plates, |
|---|
| 2017 | | - | 61.5furnished at cost by the registrar. Original and renewal applications for passenger vehicle |
|---|
| 2018 | | - | 61.6license plates must be accompanied by a certification signed by the commissioner of human |
|---|
| 2019 | | - | 61.7services. The certification must be on a form prescribed by the commissioner and state that |
|---|
| 2020 | | - | 61.8the vehicles will be used exclusively by tobacco inspector staff for the duties specified in |
|---|
| 2021 | | - | 61.9this paragraph. |
|---|
| 2022 | | - | 61.10 (k) (l) All other motor vehicles must be registered and display tax-exempt number plates, |
|---|
| 2023 | | - | 61.11furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles required |
|---|
| 2024 | | - | 61.12to display tax-exempt number plates must have the name of the state department or political |
|---|
| 2025 | | - | 61.13subdivision, nonpublic high school operating a driver education program, licensed |
|---|
| 2026 | | - | 61.14commercial driving school, or other qualifying organization or entity, plainly displayed on |
|---|
| 2027 | | - | 61.15both sides of the vehicle. This identification must be in a color giving contrast with that of |
|---|
| 2028 | | - | 61.16the part of the vehicle on which it is placed and must endure throughout the term of the |
|---|
| 2029 | | - | 61.17registration. The identification must not be on a removable plate or placard and must be |
|---|
| 2030 | | - | 61.18kept clean and visible at all times; except that a removable plate or placard may be utilized |
|---|
| 2031 | | - | 61.19on vehicles leased or loaned to a political subdivision or to a nonpublic high school driver |
|---|
| 2032 | | - | 61.20education program. |
|---|
| 2033 | | - | 61.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2034 | | - | 61.22Sec. 27. Minnesota Statutes 2024, section 244.052, subdivision 4, is amended to read: |
|---|
| 2035 | | - | 61.23 Subd. 4.Law enforcement agency; disclosure of information to public.(a) The law |
|---|
| 2036 | | - | 61.24enforcement agency in the area where the predatory offender resides, expects to reside, is |
|---|
| 2037 | | - | 61.25employed, or is regularly found, shall disclose to the public any information regarding the |
|---|
| 2038 | | - | 61.26offender contained in the report forwarded to the agency under subdivision 3, paragraph |
|---|
| 2039 | | - | 61.27(f), that is relevant and necessary to protect the public and to counteract the offender's |
|---|
| 2040 | | - | 61.28dangerousness, consistent with the guidelines in paragraph (b). The extent of the information |
|---|
| 2041 | | - | 61.29disclosed and the community to whom disclosure is made must relate to the level of danger |
|---|
| 2042 | | - | 61.30posed by the offender, to the offender's pattern of offending behavior, and to the need of |
|---|
| 2043 | | - | 61.31community members for information to enhance their individual and collective safety. |
|---|
| 2044 | | - | 61.32 (b) The law enforcement agency shall employ the following guidelines in determining |
|---|
| 2045 | | - | 61.33the scope of disclosure made under this subdivision: |
|---|
| 2046 | | - | 61Article 3 Sec. 27. |
|---|
| 2047 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 62.1 (1) if the offender is assigned to risk level I, the agency may maintain information |
|---|
| 2048 | | - | 62.2regarding the offender within the agency and may disclose it to other law enforcement |
|---|
| 2049 | | - | 62.3agencies. Additionally, the agency may disclose the information to any victims of or |
|---|
| 2050 | | - | 62.4witnesses to the offense committed by the offender. The agency shall disclose the information |
|---|
| 2051 | | - | 62.5to victims of the offense committed by the offender who have requested disclosure and to |
|---|
| 2052 | | - | 62.6adult members of the offender's immediate household; |
|---|
| 2053 | | - | 62.7 (2) if the offender is assigned to risk level II, the agency also may disclose the information |
|---|
| 2054 | | - | 62.8to agencies and groups that the offender is likely to encounter for the purpose of securing |
|---|
| 2055 | | - | 62.9those institutions and protecting individuals in their care while they are on or near the |
|---|
| 2056 | | - | 62.10premises of the institution. These agencies and groups include the staff members of public |
|---|
| 2057 | | - | 62.11and private educational institutions, day care establishments, and establishments and |
|---|
| 2058 | | - | 62.12organizations that primarily serve individuals likely to be victimized by the offender. The |
|---|
| 2059 | | - | 62.13agency also may disclose the information to individuals the agency believes are likely to |
|---|
| 2060 | | - | 62.14be victimized by the offender. The agency's belief shall be based on the offender's pattern |
|---|
| 2061 | | - | 62.15of offending or victim preference as documented in the information provided by the |
|---|
| 2062 | | - | 62.16Department of Corrections or, the Department of Human Services, or Direct Care and |
|---|
| 2063 | | - | 62.17Treatment. The agency may disclose the information to property assessors, property |
|---|
| 2064 | | - | 62.18inspectors, code enforcement officials, and child protection officials who are likely to visit |
|---|
| 2065 | | - | 62.19the offender's home in the course of their duties; |
|---|
| 2066 | | - | 62.20 (3) if the offender is assigned to risk level III, the agency shall disclose the information |
|---|
| 2067 | | - | 62.21to the persons and entities described in clauses (1) and (2) and to other members of the |
|---|
| 2068 | | - | 62.22community whom the offender is likely to encounter, unless the law enforcement agency |
|---|
| 2069 | | - | 62.23determines that public safety would be compromised by the disclosure or that a more limited |
|---|
| 2070 | | - | 62.24disclosure is necessary to protect the identity of the victim. |
|---|
| 2071 | | - | 62.25 Notwithstanding the assignment of a predatory offender to risk level II or III, a law |
|---|
| 2072 | | - | 62.26enforcement agency may not make the disclosures permitted or required by clause (2) or |
|---|
| 2073 | | - | 62.27(3), if: the offender is placed or resides in a residential facility. However, if an offender is |
|---|
| 2074 | | - | 62.28placed or resides in a residential facility, the offender and the head of the facility shall |
|---|
| 2075 | | - | 62.29designate the offender's likely residence upon release from the facility and the head of the |
|---|
| 2076 | | - | 62.30facility shall notify the commissioner of corrections or, the commissioner of human services, |
|---|
| 2077 | | - | 62.31or the Direct Care and Treatment executive board of the offender's likely residence at least |
|---|
| 2078 | | - | 62.3214 days before the offender's scheduled release date. The commissioner shall give this |
|---|
| 2079 | | - | 62.33information to the law enforcement agency having jurisdiction over the offender's likely |
|---|
| 2080 | | - | 62.34residence. The head of the residential facility also shall notify the commissioner of corrections |
|---|
| 2081 | | - | 62.35or, the commissioner of human services, or the Direct Care and Treatment executive board |
|---|
| 2082 | | - | 62Article 3 Sec. 27. |
|---|
| 2083 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 63.1within 48 hours after finalizing the offender's approved relocation plan to a permanent |
|---|
| 2084 | | - | 63.2residence. Within five days after receiving this notification, the appropriate commissioner |
|---|
| 2085 | | - | 63.3shall give to the appropriate law enforcement agency all relevant information the |
|---|
| 2086 | | - | 63.4commissioner has concerning the offender, including information on the risk factors in the |
|---|
| 2087 | | - | 63.5offender's history and the risk level to which the offender was assigned. After receiving this |
|---|
| 2088 | | - | 63.6information, the law enforcement agency shall make the disclosures permitted or required |
|---|
| 2089 | | - | 63.7by clause (2) or (3), as appropriate. |
|---|
| 2090 | | - | 63.8 (c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that: |
|---|
| 2091 | | - | 63.9 (1) the organizations or community members are in a location or in close proximity to |
|---|
| 2092 | | - | 63.10a location where the offender lives or is employed, or which the offender visits or is likely |
|---|
| 2093 | | - | 63.11to visit on a regular basis, other than the location of the offender's outpatient treatment |
|---|
| 2094 | | - | 63.12program; and |
|---|
| 2095 | | - | 63.13 (2) the types of interaction which ordinarily occur at that location and other circumstances |
|---|
| 2096 | | - | 63.14indicate that contact with the offender is reasonably certain. |
|---|
| 2097 | | - | 63.15 (d) A law enforcement agency or official who discloses information under this subdivision |
|---|
| 2098 | | - | 63.16shall make a good faith effort to make the notification within 14 days of receipt of a |
|---|
| 2099 | | - | 63.17confirmed address from the Department of Corrections indicating that the offender will be, |
|---|
| 2100 | | - | 63.18or has been, released from confinement, or accepted for supervision, or has moved to a new |
|---|
| 2101 | | - | 63.19address and will reside at the address indicated. If a change occurs in the release plan, this |
|---|
| 2102 | | - | 63.20notification provision does not require an extension of the release date. |
|---|
| 2103 | | - | 63.21 (e) A law enforcement agency or official who discloses information under this subdivision |
|---|
| 2104 | | - | 63.22shall not disclose the identity or any identifying characteristics of the victims of or witnesses |
|---|
| 2105 | | - | 63.23to the offender's offenses. |
|---|
| 2106 | | - | 63.24 (f) A law enforcement agency shall continue to disclose information on an offender as |
|---|
| 2107 | | - | 63.25required by this subdivision for as long as the offender is required to register under section |
|---|
| 2108 | | - | 63.26243.166. This requirement on a law enforcement agency to continue to disclose information |
|---|
| 2109 | | - | 63.27also applies to an offender who lacks a primary address and is registering under section |
|---|
| 2110 | | - | 63.28243.166, subdivision 3a. |
|---|
| 2111 | | - | 63.29 (g) A law enforcement agency that is disclosing information on an offender assigned to |
|---|
| 2112 | | - | 63.30risk level III to the public under this subdivision shall inform the commissioner of corrections |
|---|
| 2113 | | - | 63.31what information is being disclosed and forward this information to the commissioner within |
|---|
| 2114 | | - | 63.32two days of the agency's determination. The commissioner shall post this information on |
|---|
| 2115 | | - | 63.33the Internet as required in subdivision 4b. |
|---|
| 2116 | | - | 63Article 3 Sec. 27. |
|---|
| 2117 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 64.1 (h) A city council may adopt a policy that addresses when information disclosed under |
|---|
| 2118 | | - | 64.2this subdivision must be presented in languages in addition to English. The policy may |
|---|
| 2119 | | - | 64.3address when information must be presented orally, in writing, or both in additional languages |
|---|
| 2120 | | - | 64.4by the law enforcement agency disclosing the information. The policy may provide for |
|---|
| 2121 | | - | 64.5different approaches based on the prevalence of non-English languages in different |
|---|
| 2122 | | - | 64.6neighborhoods. |
|---|
| 2123 | | - | 64.7 (i) An offender who is the subject of a community notification meeting held pursuant |
|---|
| 2124 | | - | 64.8to this section may not attend the meeting. |
|---|
| 2125 | | - | 64.9 (j) When a school, day care facility, or other entity or program that primarily educates |
|---|
| 2126 | | - | 64.10or serves children receives notice under paragraph (b), clause (3), that a level III predatory |
|---|
| 2127 | | - | 64.11offender resides or works in the surrounding community, notice to parents must be made |
|---|
| 2128 | | - | 64.12as provided in this paragraph. If the predatory offender identified in the notice is participating |
|---|
| 2129 | | - | 64.13in programs offered by the facility that require or allow the person to interact with children |
|---|
| 2130 | | - | 64.14other than the person's children, the principal or head of the entity must notify parents with |
|---|
| 2131 | | - | 64.15children at the facility of the contents of the notice received pursuant to this section. The |
|---|
| 2132 | | - | 64.16immunity provisions of subdivision 7 apply to persons disclosing information under this |
|---|
| 2133 | | - | 64.17paragraph. |
|---|
| 2134 | | - | 64.18 (k) When an offender for whom notification was made under this subdivision no longer |
|---|
| 2135 | | - | 64.19resides, is employed, or is regularly found in the area, and the law enforcement agency that |
|---|
| 2136 | | - | 64.20made the notification is aware of this, the agency shall inform the entities and individuals |
|---|
| 2137 | | - | 64.21initially notified of the change in the offender's status. If notification was made under |
|---|
| 2138 | | - | 64.22paragraph (b), clause (3), the agency shall provide the updated information required under |
|---|
| 2139 | | - | 64.23this paragraph in a manner designed to ensure a similar scope of dissemination. However, |
|---|
| 2140 | | - | 64.24the agency is not required to hold a public meeting to do so. |
|---|
| 2141 | | - | 64.25 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2142 | | - | 64.26Sec. 28. Minnesota Statutes 2024, section 245.50, subdivision 2, is amended to read: |
|---|
| 2143 | | - | 64.27 Subd. 2.Purpose and authority.(a) The purpose of this section is to enable appropriate |
|---|
| 2144 | | - | 64.28treatment or detoxification services to be provided to individuals, across state lines from |
|---|
| 2145 | | - | 64.29the individual's state of residence, in qualified facilities that are closer to the homes of |
|---|
| 2146 | | - | 64.30individuals than are facilities available in the individual's home state. |
|---|
| 2147 | | - | 64.31 (b) Unless prohibited by another law and subject to the exceptions listed in subdivision |
|---|
| 2148 | | - | 64.323, a county board or, the commissioner of human services, or the Direct Care and Treatment |
|---|
| 2149 | | - | 64.33executive board may contract with an agency or facility in a bordering state for mental |
|---|
| 2150 | | - | 64Article 3 Sec. 28. |
|---|
| 2151 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 65.1health, chemical health, or detoxification services for residents of Minnesota, and a Minnesota |
|---|
| 2152 | | - | 65.2mental health, chemical health, or detoxification agency or facility may contract to provide |
|---|
| 2153 | | - | 65.3services to residents of bordering states. Except as provided in subdivision 5, a person who |
|---|
| 2154 | | - | 65.4receives services in another state under this section is subject to the laws of the state in |
|---|
| 2155 | | - | 65.5which services are provided. A person who will receive services in another state under this |
|---|
| 2156 | | - | 65.6section must be informed of the consequences of receiving services in another state, including |
|---|
| 2157 | | - | 65.7the implications of the differences in state laws, to the extent the individual will be subject |
|---|
| 2158 | | - | 65.8to the laws of the receiving state. |
|---|
| 2159 | | - | 65.9 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2160 | | - | 65.10Sec. 29. Minnesota Statutes 2024, section 245.52, is amended to read: |
|---|
| 2161 | | - | 65.11 245.52 COMMISSIONER OF HUMAN SERVICES CHIEF EXECUTIVE |
|---|
| 2162 | | - | 65.12OFFICER OF DIRECT CARE AND TREATMENT AS COMPACT |
|---|
| 2163 | | - | 65.13ADMINISTRATOR. |
|---|
| 2164 | | - | 65.14 The commissioner of human services chief executive officer of Direct Care and Treatment |
|---|
| 2165 | | - | 65.15is hereby designated as "compact administrator." The commissioner chief executive officer |
|---|
| 2166 | | - | 65.16shall have the powers and duties specified in the compact, and may, in the name of the state |
|---|
| 2167 | | - | 65.17of Minnesota, subject to the approval of the attorney general as to form and legality, enter |
|---|
| 2168 | | - | 65.18into such agreements authorized by the compact as the commissioner chief executive officer |
|---|
| 2169 | | - | 65.19deems appropriate to effecting the purpose of the compact. The commissioner chief executive |
|---|
| 2170 | | - | 65.20officer shall, within the limits of the appropriations for the care of persons with mental |
|---|
| 2171 | | - | 65.21illness or developmental disabilities, authorize such payments as are necessary to discharge |
|---|
| 2172 | | - | 65.22any financial obligations imposed upon this state by the compact or any agreement entered |
|---|
| 2173 | | - | 65.23into under the compact. |
|---|
| 2174 | | - | 65.24 If the patient has no established residence in a Minnesota county, the commissioner of |
|---|
| 2175 | | - | 65.25human services shall designate the county of financial responsibility for the purposes of |
|---|
| 2176 | | - | 65.26carrying out the provisions of the Interstate Compact on Mental Health as it pertains to |
|---|
| 2177 | | - | 65.27patients being transferred to Minnesota. The commissioner of human services shall designate |
|---|
| 2178 | | - | 65.28the county which is the residence of the person in Minnesota who initiates the earliest written |
|---|
| 2179 | | - | 65.29request for the patient's transfer. |
|---|
| 2180 | | - | 65.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2181 | | - | 65Article 3 Sec. 29. |
|---|
| 2182 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 66.1 Sec. 30. Minnesota Statutes 2024, section 245.91, subdivision 2, is amended to read: |
|---|
| 2183 | | - | 66.2 Subd. 2.Agency."Agency" means the divisions, officials, or employees of the state |
|---|
| 2184 | | - | 66.3Departments of Human Services, Direct Care and Treatment, Health, and Education,; of |
|---|
| 2185 | | - | 66.4Direct Care and Treatment; and of local school districts and designated county social service |
|---|
| 2186 | | - | 66.5agencies as defined in section 256G.02, subdivision 7, that are engaged in monitoring, |
|---|
| 2187 | | - | 66.6providing, or regulating services or treatment for mental illness, developmental disability, |
|---|
| 2188 | | - | 66.7substance use disorder, or emotional disturbance. |
|---|
| 2189 | | - | 66.8 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2190 | | - | 66.9 Sec. 31. Minnesota Statutes 2024, section 246.585, is amended to read: |
|---|
| 2191 | | - | 66.10 246.585 CRISIS SERVICES. |
|---|
| 2192 | | - | 66.11 Within the limits of appropriations, state-operated regional technical assistance must be |
|---|
| 2193 | | - | 66.12available in each region to assist counties, Tribal Nations, residential and day programming |
|---|
| 2194 | | - | 66.13staff vocational service providers, and families, and persons with disabilities to prevent or |
|---|
| 2195 | | - | 66.14resolve crises that could lead to a change in placement person moving to a less integrated |
|---|
| 2196 | | - | 66.15setting. Crisis capacity must be provided on all regional treatment center campuses serving |
|---|
| 2197 | | - | 66.16persons with developmental disabilities. In addition, crisis capacity may be developed to |
|---|
| 2198 | | - | 66.17serve 16 persons in the Twin Cities metropolitan area. Technical assistance and consultation |
|---|
| 2199 | | - | 66.18must also be available in each region to providers and counties. Staff must be available to |
|---|
| 2200 | | - | 66.19provide: |
|---|
| 2201 | | - | 66.20 (1) individual assessments; |
|---|
| 2202 | | - | 66.21 (2) program plan development and implementation assistance; |
|---|
| 2203 | | - | 66.22 (3) analysis of service delivery problems; and |
|---|
| 2204 | | - | 66.23 (4) assistance with transition planning, including technical assistance to counties, Tribal |
|---|
| 2205 | | - | 66.24Nations, and service providers to develop new services, site the new services, and assist |
|---|
| 2206 | | - | 66.25with community acceptance. |
|---|
| 2207 | | - | 66.26Sec. 32. Minnesota Statutes 2024, section 246C.06, subdivision 11, is amended to read: |
|---|
| 2208 | | - | 66.27 Subd. 11.Rulemaking.(a) The executive board is authorized to adopt, amend, and |
|---|
| 2209 | | - | 66.28repeal rules in accordance with chapter 14 to the extent necessary to implement this chapter |
|---|
| 2210 | | - | 66.29or any responsibilities of Direct Care and Treatment specified in state law. The 18-month |
|---|
| 2211 | | - | 66.30time limit under section 14.125 does not apply to the rulemaking authority under this |
|---|
| 2212 | | - | 66.31subdivision. |
|---|
| 2213 | | - | 66Article 3 Sec. 32. |
|---|
| 2214 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 67.1 (b) Until July 1, 2027, the executive board may adopt rules using the expedited |
|---|
| 2215 | | - | 67.2rulemaking process in section 14.389. |
|---|
| 2216 | | - | 67.3 (c) In accordance with section 15.039, all orders, rules, delegations, permits, and other |
|---|
| 2217 | | - | 67.4privileges issued or granted by the Department of Human Services with respect to any |
|---|
| 2218 | | - | 67.5function of Direct Care and Treatment and in effect at the time of the establishment of Direct |
|---|
| 2219 | | - | 67.6Care and Treatment shall continue in effect as if such establishment had not occurred. The |
|---|
| 2220 | | - | 67.7executive board may amend or repeal rules applicable to Direct Care and Treatment that |
|---|
| 2221 | | - | 67.8were established by the Department of Human Services in accordance with chapter 14. |
|---|
| 2222 | | - | 67.9 (d) The executive board must not adopt rules that go into effect or enforce rules prior |
|---|
| 2223 | | - | 67.10to July 1, 2025. |
|---|
| 2224 | | - | 67.11 EFFECTIVE DATE.This section is effective retroactively from July 1, 2024. |
|---|
| 2225 | | - | 67.12Sec. 33. Minnesota Statutes 2024, section 246C.12, subdivision 6, is amended to read: |
|---|
| 2226 | | - | 67.13 Subd. 6.Dissemination of Admission and stay criteria; dissemination.(a) The |
|---|
| 2227 | | - | 67.14executive board shall establish standard admission and continued-stay criteria for |
|---|
| 2228 | | - | 67.15state-operated services facilities to ensure that appropriate services are provided in the least |
|---|
| 2229 | | - | 67.16restrictive setting. |
|---|
| 2230 | | - | 67.17 (b) The executive board shall periodically disseminate criteria for admission and |
|---|
| 2231 | | - | 67.18continued stay in a state-operated services facility. The executive board shall disseminate |
|---|
| 2232 | | - | 67.19the criteria to the courts of the state and counties. |
|---|
| 2233 | | - | 67.20 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2234 | | - | 67.21Sec. 34. Minnesota Statutes 2024, section 246C.20, is amended to read: |
|---|
| 2235 | | - | 67.22 246C.20 CONTRACT WITH DEPARTMENT OF HUMAN SERVICES FOR |
|---|
| 2236 | | - | 67.23ADMINISTRATIVE SERVICES. |
|---|
| 2237 | | - | 67.24 (a) Direct Care and Treatment shall contract with the Department of Human Services |
|---|
| 2238 | | - | 67.25to provide determinations on issues of county of financial responsibility under chapter 256G |
|---|
| 2239 | | - | 67.26and to provide administrative and judicial review of direct care and treatment matters |
|---|
| 2240 | | - | 67.27according to section 256.045. |
|---|
| 2241 | | - | 67.28 (b) The executive board may prescribe rules necessary to carry out this subdivision |
|---|
| 2242 | | - | 67.29section, except that the executive board must not create any rule purporting to control the |
|---|
| 2243 | | - | 67.30decision making or processes of state human services judges under section 256.045, |
|---|
| 2244 | | - | 67.31subdivision 4, or the decision making or processes of the commissioner of human services |
|---|
| 2245 | | - | 67Article 3 Sec. 34. |
|---|
| 2246 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 68.1issuing an advisory opinion or recommended order to the executive board under section |
|---|
| 2247 | | - | 68.2256G.09, subdivision 3. The executive board must not create any rule purporting to control |
|---|
| 2248 | | - | 68.3processes for determinations of financial responsibility under chapter 256G or administrative |
|---|
| 2249 | | - | 68.4and judicial review under section 256.045 on matters outside of the jurisdiction of Direct |
|---|
| 2250 | | - | 68.5Care and Treatment. |
|---|
| 2251 | | - | 68.6 (c) The executive board and commissioner of human services may adopt joint rules |
|---|
| 2252 | | - | 68.7necessary to accomplish the purposes of this section. |
|---|
| 2253 | | - | 68.8 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2254 | | - | 68.9 Sec. 35. [246C.21] INTERVIEW EXPENSES. |
|---|
| 2255 | | - | 68.10 Job applicants for professional, administrative, or highly technical positions recruited |
|---|
| 2256 | | - | 68.11by the Direct Care and Treatment executive board may be reimbursed for necessary travel |
|---|
| 2257 | | - | 68.12expenses to and from interviews arranged by the Direct Care and Treatment executive board. |
|---|
| 2258 | | - | 68.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2259 | | - | 68.14Sec. 36. [246C.211] FEDERAL GRANTS FOR MINNESOTA INDIANS. |
|---|
| 2260 | | - | 68.15 The Direct Care and Treatment executive board is authorized to enter into contracts with |
|---|
| 2261 | | - | 68.16the United States Departments of Health and Human Services; Education; and Interior, |
|---|
| 2262 | | - | 68.17Bureau of Indian Affairs, for the purposes of receiving federal grants for the welfare and |
|---|
| 2263 | | - | 68.18relief of Minnesota Indians. |
|---|
| 2264 | | - | 68.19 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2265 | | - | 68.20Sec. 37. Minnesota Statutes 2024, section 252.291, subdivision 3, is amended to read: |
|---|
| 2266 | | - | 68.21 Subd. 3.Duties of commissioner of human services.The commissioner shall: |
|---|
| 2267 | | - | 68.22 (1) establish standard admission criteria for state hospitals and county utilization targets |
|---|
| 2268 | | - | 68.23to limit and reduce the number of intermediate care beds in state hospitals and community |
|---|
| 2269 | | - | 68.24facilities in accordance with approved waivers under United States Code, title 42, sections |
|---|
| 2270 | | - | 68.251396 to 1396p, as amended through December 31, 1987, to assure ensure that appropriate |
|---|
| 2271 | | - | 68.26services are provided in the least restrictive setting; |
|---|
| 2272 | | - | 68.27 (2) define services, including respite care, that may be needed in meeting individual |
|---|
| 2273 | | - | 68.28service plan objectives; |
|---|
| 2274 | | - | 68.29 (3) provide technical assistance so that county boards may establish a request for proposal |
|---|
| 2275 | | - | 68.30system for meeting individual service plan objectives through home and community-based |
|---|
| 2276 | | - | 68Article 3 Sec. 37. |
|---|
| 2277 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 69.1services; alternative community services; or, if no other alternative will meet the needs of |
|---|
| 2278 | | - | 69.2identifiable individuals for whom the county is financially responsible, a new intermediate |
|---|
| 2279 | | - | 69.3care facility for persons with developmental disabilities; |
|---|
| 2280 | | - | 69.4 (4) establish a client tracking and evaluation system as required under applicable federal |
|---|
| 2281 | | - | 69.5waiver regulations, Code of Federal Regulations, title 42, sections 431, 435, 440, and 441, |
|---|
| 2282 | | - | 69.6as amended through December 31, 1987; and |
|---|
| 2283 | | - | 69.7 (5) develop a state plan for the delivery and funding of residential day and support |
|---|
| 2284 | | - | 69.8services to persons with developmental disabilities in Minnesota. The biennial developmental |
|---|
| 2285 | | - | 69.9disability plan shall include but not be limited to: |
|---|
| 2286 | | - | 69.10 (i) county by county maximum intermediate care bed utilization quotas; |
|---|
| 2287 | | - | 69.11 (ii) plans for the development of the number and types of services alternative to |
|---|
| 2288 | | - | 69.12intermediate care beds; |
|---|
| 2289 | | - | 69.13 (iii) procedures for the administration and management of the plan; |
|---|
| 2290 | | - | 69.14 (iv) procedures for the evaluation of the implementation of the plan; and |
|---|
| 2291 | | - | 69.15 (v) the number, type, and location of intermediate care beds targeted for decertification. |
|---|
| 2292 | | - | 69.16 The commissioner shall modify the plan to ensure conformance with the medical |
|---|
| 2293 | | - | 69.17assistance home and community-based services waiver. |
|---|
| 2294 | | - | 69.18 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2295 | | - | 69.19Sec. 38. Minnesota Statutes 2024, section 252.50, subdivision 5, is amended to read: |
|---|
| 2296 | | - | 69.20 Subd. 5.Location of programs.(a) In determining the location of state-operated, |
|---|
| 2297 | | - | 69.21community-based programs, the needs of the individual client shall be paramount. The |
|---|
| 2298 | | - | 69.22executive board shall also take into account: |
|---|
| 2299 | | - | 69.23 (1) prioritization of beds services in state-operated, community-based programs for |
|---|
| 2300 | | - | 69.24individuals with complex behavioral needs that cannot be met by private community-based |
|---|
| 2301 | | - | 69.25providers; |
|---|
| 2302 | | - | 69.26 (2) choices made by individuals who chose to move to a more integrated setting, and |
|---|
| 2303 | | - | 69.27shall coordinate with the lead agency to ensure that appropriate person-centered transition |
|---|
| 2304 | | - | 69.28plans are created; |
|---|
| 2305 | | - | 69.29 (3) the personal preferences of the persons being served and their families as determined |
|---|
| 2306 | | - | 69.30by Minnesota Rules, parts 9525.0004 to 9525.0036; |
|---|
| 2307 | | - | 69Article 3 Sec. 38. |
|---|
| 2308 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 70.1 (4) the location of the support services established by the individual service plans of the |
|---|
| 2309 | | - | 70.2persons being served; |
|---|
| 2310 | | - | 70.3 (5) the appropriate grouping of the persons served; |
|---|
| 2311 | | - | 70.4 (6) the availability of qualified staff; |
|---|
| 2312 | | - | 70.5 (7) the need for state-operated, community-based programs in the geographical region |
|---|
| 2313 | | - | 70.6of the state; and |
|---|
| 2314 | | - | 70.7 (8) a reasonable commuting distance from a regional treatment center or the residences |
|---|
| 2315 | | - | 70.8of the program staff. |
|---|
| 2316 | | - | 70.9 (b) The executive board must locate state-operated, community-based programs in |
|---|
| 2317 | | - | 70.10coordination with the commissioner of human services according to section 252.28. |
|---|
| 2318 | | - | 70.11Sec. 39. Minnesota Statutes 2024, section 253B.07, subdivision 2b, is amended to read: |
|---|
| 2319 | | - | 70.12 Subd. 2b.Apprehend and hold orders.(a) The court may order the treatment facility |
|---|
| 2320 | | - | 70.13or state-operated treatment program to hold the proposed patient or direct a health officer, |
|---|
| 2321 | | - | 70.14peace officer, or other person to take the proposed patient into custody and transport the |
|---|
| 2322 | | - | 70.15proposed patient to a treatment facility or state-operated treatment program for observation, |
|---|
| 2323 | | - | 70.16evaluation, diagnosis, care, treatment, and, if necessary, confinement, when: |
|---|
| 2324 | | - | 70.17 (1) there has been a particularized showing by the petitioner that serious physical harm |
|---|
| 2325 | | - | 70.18to the proposed patient or others is likely unless the proposed patient is immediately |
|---|
| 2326 | | - | 70.19apprehended; |
|---|
| 2327 | | - | 70.20 (2) the proposed patient has not voluntarily appeared for the examination or the |
|---|
| 2328 | | - | 70.21commitment hearing pursuant to the summons; or |
|---|
| 2329 | | - | 70.22 (3) a person is held pursuant to section 253B.051 and a request for a petition for |
|---|
| 2330 | | - | 70.23commitment has been filed. |
|---|
| 2331 | | - | 70.24 (b) The order of the court may be executed on any day and at any time by the use of all |
|---|
| 2332 | | - | 70.25necessary means including the imposition of necessary restraint upon the proposed patient. |
|---|
| 2333 | | - | 70.26Where possible, a peace officer taking the proposed patient into custody pursuant to this |
|---|
| 2334 | | - | 70.27subdivision shall not be in uniform and shall not use a vehicle visibly marked as a law |
|---|
| 2335 | | - | 70.28enforcement vehicle. Except as provided in section 253D.10, subdivision 2, in the case of |
|---|
| 2336 | | - | 70.29an individual on a judicial hold due to a petition for civil commitment under chapter 253D, |
|---|
| 2337 | | - | 70.30assignment of custody during the hold is to the commissioner executive board. The |
|---|
| 2338 | | - | 70.31commissioner executive board is responsible for determining the appropriate placement |
|---|
| 2339 | | - | 70.32within a secure treatment facility under the authority of the commissioner executive board. |
|---|
| 2340 | | - | 70Article 3 Sec. 39. |
|---|
| 2341 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 71.1 (c) A proposed patient must not be allowed or required to consent to nor participate in |
|---|
| 2342 | | - | 71.2a clinical drug trial while an order is in effect under this subdivision. A consent given while |
|---|
| 2343 | | - | 71.3an order is in effect is void and unenforceable. This paragraph does not prohibit a patient |
|---|
| 2344 | | - | 71.4from continuing participation in a clinical drug trial if the patient was participating in the |
|---|
| 2345 | | - | 71.5clinical drug trial at the time the order was issued under this subdivision. |
|---|
| 2346 | | - | 71.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2347 | | - | 71.7 Sec. 40. Minnesota Statutes 2024, section 253B.09, subdivision 3a, is amended to read: |
|---|
| 2348 | | - | 71.8 Subd. 3a.Reporting judicial commitments; private treatment program or |
|---|
| 2349 | | - | 71.9facility.Notwithstanding section 253B.23, subdivision 9, when a court commits a patient |
|---|
| 2350 | | - | 71.10to a non-state-operated treatment facility or program, the court shall report the commitment |
|---|
| 2351 | | - | 71.11to the commissioner executive board through the supreme court information system for |
|---|
| 2352 | | - | 71.12purposes of providing commitment information for firearm background checks under section |
|---|
| 2353 | | - | 71.13246C.15. If the patient is committed to a state-operated treatment program, the court shall |
|---|
| 2354 | | - | 71.14send a copy of the commitment order to the commissioner and the executive board. |
|---|
| 2355 | | - | 71.15 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2356 | | - | 71.16Sec. 41. Minnesota Statutes 2024, section 253B.10, subdivision 1, is amended to read: |
|---|
| 2357 | | - | 71.17 Subdivision 1.Administrative requirements.(a) When a person is committed, the |
|---|
| 2358 | | - | 71.18court shall issue a warrant or an order committing the patient to the custody of the head of |
|---|
| 2359 | | - | 71.19the treatment facility, state-operated treatment program, or community-based treatment |
|---|
| 2360 | | - | 71.20program. The warrant or order shall state that the patient meets the statutory criteria for |
|---|
| 2361 | | - | 71.21civil commitment. |
|---|
| 2362 | | - | 71.22 (b) The executive board shall prioritize civilly committed patients being admitted from |
|---|
| 2363 | | - | 71.23jail or a correctional institution or who are referred to a state-operated treatment facility for |
|---|
| 2364 | | - | 71.24competency attainment or a competency examination under sections 611.40 to 611.59 for |
|---|
| 2365 | | - | 71.25admission to a medically appropriate state-operated direct care and treatment bed based on |
|---|
| 2366 | | - | 71.26the decisions of physicians in the executive medical director's office, using a priority |
|---|
| 2367 | | - | 71.27admissions framework. The framework must account for a range of factors for priority |
|---|
| 2368 | | - | 71.28admission, including but not limited to: |
|---|
| 2369 | | - | 71.29 (1) the length of time the person has been on a waiting list for admission to a |
|---|
| 2370 | | - | 71.30state-operated direct care and treatment program since the date of the order under paragraph |
|---|
| 2371 | | - | 71.31(a), or the date of an order issued under sections 611.40 to 611.59; |
|---|
| 2372 | | - | 71.32 (2) the intensity of the treatment the person needs, based on medical acuity; |
|---|
| 2373 | | - | 71Article 3 Sec. 41. |
|---|
| 2374 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 72.1 (3) the person's revoked provisional discharge status; |
|---|
| 2375 | | - | 72.2 (4) the person's safety and safety of others in the person's current environment; |
|---|
| 2376 | | - | 72.3 (5) whether the person has access to necessary or court-ordered treatment; |
|---|
| 2377 | | - | 72.4 (6) distinct and articulable negative impacts of an admission delay on the facility referring |
|---|
| 2378 | | - | 72.5the individual for treatment; and |
|---|
| 2379 | | - | 72.6 (7) any relevant federal prioritization requirements. |
|---|
| 2380 | | - | 72.7Patients described in this paragraph must be admitted to a state-operated treatment program |
|---|
| 2381 | | - | 72.8within 48 hours. The commitment must be ordered by the court as provided in section |
|---|
| 2382 | | - | 72.9253B.09, subdivision 1, paragraph (d). Patients committed to a secure treatment facility or |
|---|
| 2383 | | - | 72.10less restrictive setting as ordered by the court under section 253B.18, subdivisions 1 and 2, |
|---|
| 2384 | | - | 72.11must be prioritized for admission to a state-operated treatment program using the priority |
|---|
| 2385 | | - | 72.12admissions framework in this paragraph. |
|---|
| 2386 | | - | 72.13 (c) Upon the arrival of a patient at the designated treatment facility, state-operated |
|---|
| 2387 | | - | 72.14treatment program, or community-based treatment program, the head of the facility or |
|---|
| 2388 | | - | 72.15program shall retain the duplicate of the warrant and endorse receipt upon the original |
|---|
| 2389 | | - | 72.16warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must |
|---|
| 2390 | | - | 72.17be filed in the court of commitment. After arrival, the patient shall be under the control and |
|---|
| 2391 | | - | 72.18custody of the head of the facility or program. |
|---|
| 2392 | | - | 72.19 (d) Copies of the petition for commitment, the court's findings of fact and conclusions |
|---|
| 2393 | | - | 72.20of law, the court order committing the patient, the report of the court examiners, and the |
|---|
| 2394 | | - | 72.21prepetition report, and any medical and behavioral information available shall be provided |
|---|
| 2395 | | - | 72.22at the time of admission of a patient to the designated treatment facility or program to which |
|---|
| 2396 | | - | 72.23the patient is committed. Upon a patient's referral to the executive board for admission |
|---|
| 2397 | | - | 72.24pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, jail, or |
|---|
| 2398 | | - | 72.25correctional facility that has provided care or supervision to the patient in the previous two |
|---|
| 2399 | | - | 72.26years shall, when requested by the treatment facility or executive board, provide copies of |
|---|
| 2400 | | - | 72.27the patient's medical and behavioral records to the executive board for purposes of |
|---|
| 2401 | | - | 72.28preadmission planning. This information shall be provided by the head of the treatment |
|---|
| 2402 | | - | 72.29facility to treatment facility staff in a consistent and timely manner and pursuant to all |
|---|
| 2403 | | - | 72.30applicable laws. |
|---|
| 2404 | | - | 72.31 (e) Patients described in paragraph (b) must be admitted to a state-operated treatment |
|---|
| 2405 | | - | 72.32program within 48 hours of the Office of Executive Medical Director, under section 246C.09, |
|---|
| 2406 | | - | 72Article 3 Sec. 41. |
|---|
| 2407 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 73.1or a designee determining that a medically appropriate bed is available. This paragraph |
|---|
| 2408 | | - | 73.2expires on June 30, 2025. expires on June 30, 2027. |
|---|
| 2409 | | - | 73.3 (f) Within four business days of determining which state-operated direct care and |
|---|
| 2410 | | - | 73.4treatment program or programs are appropriate for an individual, the executive medical |
|---|
| 2411 | | - | 73.5director's office or a designee must notify the source of the referral and the responsible |
|---|
| 2412 | | - | 73.6county human services agency, the individual being ordered to direct care and treatment, |
|---|
| 2413 | | - | 73.7and the district court that issued the order of the determination. The notice shall include |
|---|
| 2414 | | - | 73.8which program or programs are appropriate for the person's priority status. Any interested |
|---|
| 2415 | | - | 73.9person may provide additional information or request updated priority status about the |
|---|
| 2416 | | - | 73.10individual to the executive medical director's office or a designee while the individual is |
|---|
| 2417 | | - | 73.11awaiting admission. Updated priority status of an individual will only be disclosed to |
|---|
| 2418 | | - | 73.12interested persons who are legally authorized to receive private information about the |
|---|
| 2419 | | - | 73.13individual. When an available bed has been identified, the executive medical director's |
|---|
| 2420 | | - | 73.14office or a designee must notify the designated agency and the facility where the individual |
|---|
| 2421 | | - | 73.15is awaiting admission that the individual has been accepted for admission to a particular |
|---|
| 2422 | | - | 73.16state-operated direct care and treatment program and the earliest possible date the admission |
|---|
| 2423 | | - | 73.17can occur. The designated agency or facility where the individual is awaiting admission |
|---|
| 2424 | | - | 73.18must transport the individual to the admitting state-operated direct care and treatment |
|---|
| 2425 | | - | 73.19program no more than 48 hours after the offered admission date. |
|---|
| 2426 | | - | 73.20 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 2427 | | - | 73.21Sec. 42. Minnesota Statutes 2024, section 253B.141, subdivision 2, is amended to read: |
|---|
| 2428 | | - | 73.22 Subd. 2.Apprehension; return to facility or program.(a) Upon receiving the report |
|---|
| 2429 | | - | 73.23of absence from the head of the treatment facility, state-operated treatment program, or |
|---|
| 2430 | | - | 73.24community-based treatment program or the committing court, a patient may be apprehended |
|---|
| 2431 | | - | 73.25and held by a peace officer in any jurisdiction pending return to the facility or program from |
|---|
| 2432 | | - | 73.26which the patient is absent without authorization. A patient may also be returned to any |
|---|
| 2433 | | - | 73.27state-operated treatment program or any other treatment facility or community-based |
|---|
| 2434 | | - | 73.28treatment program willing to accept the person. A person who has a mental illness and is |
|---|
| 2435 | | - | 73.29dangerous to the public and detained under this subdivision may be held in a jail or lockup |
|---|
| 2436 | | - | 73.30only if: |
|---|
| 2437 | | - | 73.31 (1) there is no other feasible place of detention for the patient; |
|---|
| 2438 | | - | 73.32 (2) the detention is for less than 24 hours; and |
|---|
| 2439 | | - | 73Article 3 Sec. 42. |
|---|
| 2440 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 74.1 (3) there are protections in place, including segregation of the patient, to ensure the |
|---|
| 2441 | | - | 74.2safety of the patient. |
|---|
| 2442 | | - | 74.3 (b) If a patient is detained under this subdivision, the head of the facility or program |
|---|
| 2443 | | - | 74.4from which the patient is absent shall arrange to pick up the patient within 24 hours of the |
|---|
| 2444 | | - | 74.5time detention was begun and shall be responsible for securing transportation for the patient |
|---|
| 2445 | | - | 74.6to the facility or program. The expense of detaining and transporting a patient shall be the |
|---|
| 2446 | | - | 74.7responsibility of the facility or program from which the patient is absent. The expense of |
|---|
| 2447 | | - | 74.8detaining and transporting a patient to a state-operated treatment program shall be paid by |
|---|
| 2448 | | - | 74.9the commissioner executive board unless paid by the patient or persons on behalf of the |
|---|
| 2449 | | - | 74.10patient. |
|---|
| 2450 | | - | 74.11 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2451 | | - | 74.12Sec. 43. Minnesota Statutes 2024, section 253B.18, subdivision 6, is amended to read: |
|---|
| 2452 | | - | 74.13 Subd. 6.Transfer.(a) A patient who is a person who has a mental illness and is |
|---|
| 2453 | | - | 74.14dangerous to the public shall not be transferred out of a secure treatment facility unless it |
|---|
| 2454 | | - | 74.15appears to the satisfaction of the executive board, after a hearing and favorable |
|---|
| 2455 | | - | 74.16recommendation by a majority of the special review board, that the transfer is appropriate. |
|---|
| 2456 | | - | 74.17Transfer may be to another state-operated treatment program. In those instances where a |
|---|
| 2457 | | - | 74.18commitment also exists to the Department of Corrections, transfer may be to a facility |
|---|
| 2458 | | - | 74.19designated by the commissioner of corrections. |
|---|
| 2459 | | - | 74.20 (b) The following factors must be considered in determining whether a transfer is |
|---|
| 2460 | | - | 74.21appropriate: |
|---|
| 2461 | | - | 74.22 (1) the person's clinical progress and present treatment needs; |
|---|
| 2462 | | - | 74.23 (2) the need for security to accomplish continuing treatment; |
|---|
| 2463 | | - | 74.24 (3) the need for continued institutionalization; |
|---|
| 2464 | | - | 74.25 (4) which facility can best meet the person's needs; and |
|---|
| 2465 | | - | 74.26 (5) whether transfer can be accomplished with a reasonable degree of safety for the |
|---|
| 2466 | | - | 74.27public. |
|---|
| 2467 | | - | 74.28 (c) If a committed person has been transferred out of a secure treatment facility pursuant |
|---|
| 2468 | | - | 74.29to this subdivision, that committed person may voluntarily return to a secure treatment |
|---|
| 2469 | | - | 74.30facility for a period of up to 60 days with the consent of the head of the treatment facility. |
|---|
| 2470 | | - | 74.31 (d) If the committed person is not returned to the original, nonsecure transfer facility |
|---|
| 2471 | | - | 74.32within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and |
|---|
| 2472 | | - | 74Article 3 Sec. 43. |
|---|
| 2473 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 75.1the committed person must remain in a secure treatment facility. The committed person |
|---|
| 2474 | | - | 75.2must immediately be notified in writing of the revocation. |
|---|
| 2475 | | - | 75.3 (e) Within 15 days of receiving notice of the revocation, the committed person may |
|---|
| 2476 | | - | 75.4petition the special review board for a review of the revocation. The special review board |
|---|
| 2477 | | - | 75.5shall review the circumstances of the revocation and shall recommend to the commissioner |
|---|
| 2478 | | - | 75.6executive board whether or not the revocation should be upheld. The special review board |
|---|
| 2479 | | - | 75.7may also recommend a new transfer at the time of the revocation hearing. |
|---|
| 2480 | | - | 75.8 (f) No action by the special review board is required if the transfer has not been revoked |
|---|
| 2481 | | - | 75.9and the committed person is returned to the original, nonsecure transfer facility with no |
|---|
| 2482 | | - | 75.10substantive change to the conditions of the transfer ordered under this subdivision. |
|---|
| 2483 | | - | 75.11 (g) The head of the treatment facility may revoke a transfer made under this subdivision |
|---|
| 2484 | | - | 75.12and require a committed person to return to a secure treatment facility if: |
|---|
| 2485 | | - | 75.13 (1) remaining in a nonsecure setting does not provide a reasonable degree of safety to |
|---|
| 2486 | | - | 75.14the committed person or others; or |
|---|
| 2487 | | - | 75.15 (2) the committed person has regressed clinically and the facility to which the committed |
|---|
| 2488 | | - | 75.16person was transferred does not meet the committed person's needs. |
|---|
| 2489 | | - | 75.17 (h) Upon the revocation of the transfer, the committed person must be immediately |
|---|
| 2490 | | - | 75.18returned to a secure treatment facility. A report documenting the reasons for revocation |
|---|
| 2491 | | - | 75.19must be issued by the head of the treatment facility within seven days after the committed |
|---|
| 2492 | | - | 75.20person is returned to the secure treatment facility. Advance notice to the committed person |
|---|
| 2493 | | - | 75.21of the revocation is not required. |
|---|
| 2494 | | - | 75.22 (i) The committed person must be provided a copy of the revocation report and informed, |
|---|
| 2495 | | - | 75.23orally and in writing, of the rights of a committed person under this section. The revocation |
|---|
| 2496 | | - | 75.24report must be served upon the committed person, the committed person's counsel, and the |
|---|
| 2497 | | - | 75.25designated agency. The report must outline the specific reasons for the revocation, including |
|---|
| 2498 | | - | 75.26but not limited to the specific facts upon which the revocation is based. |
|---|
| 2499 | | - | 75.27 (j) If a committed person's transfer is revoked, the committed person may re-petition for |
|---|
| 2500 | | - | 75.28transfer according to subdivision 5. |
|---|
| 2501 | | - | 75.29 (k) A committed person aggrieved by a transfer revocation decision may petition the |
|---|
| 2502 | | - | 75.30special review board within seven business days after receipt of the revocation report for a |
|---|
| 2503 | | - | 75.31review of the revocation. The matter must be scheduled within 30 days. The special review |
|---|
| 2504 | | - | 75.32board shall review the circumstances leading to the revocation and, after considering the |
|---|
| 2505 | | - | 75.33factors in paragraph (b), shall recommend to the commissioner executive board whether or |
|---|
| 2506 | | - | 75Article 3 Sec. 43. |
|---|
| 2507 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 76.1not the revocation shall be upheld. The special review board may also recommend a new |
|---|
| 2508 | | - | 76.2transfer out of a secure treatment facility at the time of the revocation hearing. |
|---|
| 2509 | | - | 76.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2510 | | - | 76.4 Sec. 44. Minnesota Statutes 2024, section 253B.19, subdivision 2, is amended to read: |
|---|
| 2511 | | - | 76.5 Subd. 2.Petition; hearing.(a) A patient committed as a person who has a mental illness |
|---|
| 2512 | | - | 76.6and is dangerous to the public under section 253B.18, or the county attorney of the county |
|---|
| 2513 | | - | 76.7from which the patient was committed or the county of financial responsibility, may petition |
|---|
| 2514 | | - | 76.8the judicial appeal panel for a rehearing and reconsideration of a decision by the |
|---|
| 2515 | | - | 76.9commissioner executive board under section 253B.18, subdivision 5. The judicial appeal |
|---|
| 2516 | | - | 76.10panel must not consider petitions for relief other than those considered by the executive |
|---|
| 2517 | | - | 76.11board from which the appeal is taken. The petition must be filed with the supreme court |
|---|
| 2518 | | - | 76.12within 30 days after the decision of the executive board is signed. The hearing must be held |
|---|
| 2519 | | - | 76.13within 45 days of the filing of the petition unless an extension is granted for good cause. |
|---|
| 2520 | | - | 76.14 (b) For an appeal under paragraph (a), the supreme court shall refer the petition to the |
|---|
| 2521 | | - | 76.15chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county |
|---|
| 2522 | | - | 76.16attorney of the county of commitment, the designated agency, the executive board, the head |
|---|
| 2523 | | - | 76.17of the facility or program to which the patient was committed, any interested person, and |
|---|
| 2524 | | - | 76.18other persons the chief judge designates, of the time and place of the hearing on the petition. |
|---|
| 2525 | | - | 76.19The notice shall be given at least 14 days prior to the date of the hearing. |
|---|
| 2526 | | - | 76.20 (c) Any person may oppose the petition. The patient, the patient's counsel, the county |
|---|
| 2527 | | - | 76.21attorney of the committing county or the county of financial responsibility, and the executive |
|---|
| 2528 | | - | 76.22board shall participate as parties to the proceeding pending before the judicial appeal panel |
|---|
| 2529 | | - | 76.23and shall, except when the patient is committed solely as a person who has a mental illness |
|---|
| 2530 | | - | 76.24and is dangerous to the public, no later than 20 days before the hearing on the petition, |
|---|
| 2531 | | - | 76.25inform the judicial appeal panel and the opposing party in writing whether they support or |
|---|
| 2532 | | - | 76.26oppose the petition and provide a summary of facts in support of their position. The judicial |
|---|
| 2533 | | - | 76.27appeal panel may appoint court examiners and may adjourn the hearing from time to time. |
|---|
| 2534 | | - | 76.28It shall hear and receive all relevant testimony and evidence and make a record of all |
|---|
| 2535 | | - | 76.29proceedings. The patient, the patient's counsel, and the county attorney of the committing |
|---|
| 2536 | | - | 76.30county or the county of financial responsibility have the right to be present and may present |
|---|
| 2537 | | - | 76.31and cross-examine all witnesses and offer a factual and legal basis in support of their |
|---|
| 2538 | | - | 76.32positions. The petitioning party seeking discharge or provisional discharge bears the burden |
|---|
| 2539 | | - | 76.33of going forward with the evidence, which means presenting a prima facie case with |
|---|
| 2540 | | - | 76.34competent evidence to show that the person is entitled to the requested relief. If the petitioning |
|---|
| 2541 | | - | 76Article 3 Sec. 44. |
|---|
| 2542 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 77.1party has met this burden, the party opposing discharge or provisional discharge bears the |
|---|
| 2543 | | - | 77.2burden of proof by clear and convincing evidence that the discharge or provisional discharge |
|---|
| 2544 | | - | 77.3should be denied. A party seeking transfer under section 253B.18, subdivision 6, must |
|---|
| 2545 | | - | 77.4establish by a preponderance of the evidence that the transfer is appropriate. |
|---|
| 2546 | | - | 77.5 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2547 | | - | 77.6 Sec. 45. Minnesota Statutes 2024, section 253D.14, subdivision 3, is amended to read: |
|---|
| 2548 | | - | 77.7 Subd. 3.Notice of discharge or release.Before provisionally discharging, discharging, |
|---|
| 2549 | | - | 77.8granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily |
|---|
| 2550 | | - | 77.9releasing a person committed under this chapter from a treatment facility, the executive |
|---|
| 2551 | | - | 77.10director shall make a reasonable effort to notify any victim of a crime for which the person |
|---|
| 2552 | | - | 77.11was convicted that the person may be discharged or released and that the victim has a right |
|---|
| 2553 | | - | 77.12to submit a written statement regarding decisions of the executive director, or special review |
|---|
| 2554 | | - | 77.13board judicial appeal panel, with respect to the person. To the extent possible, the notice |
|---|
| 2555 | | - | 77.14must be provided at least 14 days before any special review board judicial appeal panel |
|---|
| 2556 | | - | 77.15hearing or before a determination on a pass plan. Notwithstanding section 611A.06, |
|---|
| 2557 | | - | 77.16subdivision 4, the executive board shall provide the judicial appeal panel with victim |
|---|
| 2558 | | - | 77.17information in order to comply with the provisions of this chapter. The judicial appeal panel |
|---|
| 2559 | | - | 77.18shall ensure that the data on victims remains private as provided for in section 611A.06, |
|---|
| 2560 | | - | 77.19subdivision 4. This subdivision applies only to victims who have submitted a written request |
|---|
| 2561 | | - | 77.20for notification as provided in subdivision 2a. |
|---|
| 2562 | | - | 77.21Sec. 46. Minnesota Statutes 2024, section 253D.27, subdivision 2, is amended to read: |
|---|
| 2563 | | - | 77.22 Subd. 2.Filing.A petition for a reduction in custody or an appeal of a revocation of |
|---|
| 2564 | | - | 77.23provisional discharge or revocation of transfer to a nonsecure facility may be filed by either |
|---|
| 2565 | | - | 77.24the committed person or by the executive director and must be filed with and considered |
|---|
| 2566 | | - | 77.25by a panel of the special review board authorized under section 253B.18, subdivision 4c |
|---|
| 2567 | | - | 77.26judicial appeal panel established under section 253B.19, subdivision 1. A committed person |
|---|
| 2568 | | - | 77.27may not petition the special review board judicial appeal panel any sooner than six months |
|---|
| 2569 | | - | 77.28following either: |
|---|
| 2570 | | - | 77.29 (1) the entry of judgment in the district court of the order for commitment issued under |
|---|
| 2571 | | - | 77.30section 253D.07, subdivision 5, or upon the exhaustion of all related appeal rights in state |
|---|
| 2572 | | - | 77.31court relating to that order, whichever is later; or |
|---|
| 2573 | | - | 77.32 (2) any recommendation of the special review board or order of the judicial appeal panel, |
|---|
| 2574 | | - | 77.33or upon the exhaustion of all appeal rights in state court, whichever is later. The executive |
|---|
| 2575 | | - | 77Article 3 Sec. 46. |
|---|
| 2576 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 78.1director may petition at any time. The special review board proceedings are not contested |
|---|
| 2577 | | - | 78.2cases as defined in chapter 14. |
|---|
| 2578 | | - | 78.3 Sec. 47. Minnesota Statutes 2024, section 253D.28, is amended to read: |
|---|
| 2579 | | - | 78.4 253D.28 JUDICIAL APPEAL PANEL. |
|---|
| 2580 | | - | 78.5 Subdivision 1.Rehearing and reconsideration.(a) A person committed as a sexually |
|---|
| 2581 | | - | 78.6dangerous person or a person with a sexual psychopathic personality under this chapter, or |
|---|
| 2582 | | - | 78.7committed as both mentally ill and dangerous to the public under section 253B.18 and as |
|---|
| 2583 | | - | 78.8a sexually dangerous person or a person with a sexual psychopathic personality under this |
|---|
| 2584 | | - | 78.9chapter; the county attorney of the county from which the person was committed or the |
|---|
| 2585 | | - | 78.10county of financial responsibility; or the executive board may petition the judicial appeal |
|---|
| 2586 | | - | 78.11panel established under section 253B.19, subdivision 1, for a rehearing and reconsideration |
|---|
| 2587 | | - | 78.12of a recommendation of the special review board under section 253D.27 reduction in custody. |
|---|
| 2588 | | - | 78.13 (b) The petition must be filed with the supreme court within 30 days after the |
|---|
| 2589 | | - | 78.14recommendation is mailed by the executive board as required in section 253D.27, subdivision |
|---|
| 2590 | | - | 78.154. The hearing must be held within 180 days of the filing of the petition unless an extension |
|---|
| 2591 | | - | 78.16is granted for good cause. |
|---|
| 2592 | | - | 78.17 (c) If no party petitions the judicial appeal panel for a rehearing or reconsideration within |
|---|
| 2593 | | - | 78.1830 days, the judicial appeal panel shall either issue an order adopting the recommendations |
|---|
| 2594 | | - | 78.19of the special review board or set the matter on for a hearing pursuant to this section. |
|---|
| 2595 | | - | 78.20 Subd. 2.Procedure.(a) The supreme court shall refer a petition for rehearing and |
|---|
| 2596 | | - | 78.21reconsideration to the chief judge of the judicial appeal panel. The chief judge shall Upon |
|---|
| 2597 | | - | 78.22receiving a petition for reduction in custody, the chief judge of the judicial appeal panel |
|---|
| 2598 | | - | 78.23shall schedule a hearing and notify the committing court, the committed person, the county |
|---|
| 2599 | | - | 78.24attorneys of the county of commitment and county of financial responsibility, the executive |
|---|
| 2600 | | - | 78.25board, the executive director, any interested person, and other persons the chief judge |
|---|
| 2601 | | - | 78.26designates, of the time and place of the hearing on the petition. The notice shall be given |
|---|
| 2602 | | - | 78.27at least 14 days prior to the date of the hearing. The hearing may be conducted by interactive |
|---|
| 2603 | | - | 78.28video conference under General Rules of Practice, rule 131, and Minnesota Rules of Civil |
|---|
| 2604 | | - | 78.29Commitment, rule 14. |
|---|
| 2605 | | - | 78.30 (b) Any person may oppose the petition. The committed person, the committed person's |
|---|
| 2606 | | - | 78.31counsel, the county attorneys of the committing county and county of financial responsibility, |
|---|
| 2607 | | - | 78.32and the executive board shall participate as parties to the proceeding pending before the |
|---|
| 2608 | | - | 78.33judicial appeal panel and shall, no later than 20 days before the hearing on the petition, |
|---|
| 2609 | | - | 78Article 3 Sec. 47. |
|---|
| 2610 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 79.1inform the judicial appeal panel and the opposing party in writing whether they support or |
|---|
| 2611 | | - | 79.2oppose the petition and provide a summary of facts in support of their position. |
|---|
| 2612 | | - | 79.3 (c) The judicial appeal panel may appoint court examiners and may adjourn the hearing |
|---|
| 2613 | | - | 79.4from time to time. It shall hear and receive all relevant testimony and evidence and make |
|---|
| 2614 | | - | 79.5a record of all proceedings. The committed person, the committed person's counsel, and the |
|---|
| 2615 | | - | 79.6county attorney of the committing county or the county of financial responsibility, and the |
|---|
| 2616 | | - | 79.7executive board have the right to be present and may present and cross-examine all witnesses |
|---|
| 2617 | | - | 79.8and offer a factual and legal basis in support of their positions. |
|---|
| 2618 | | - | 79.9 (d) The petitioning party seeking discharge under section 253D.31 or provisional |
|---|
| 2619 | | - | 79.10discharge under section 253D.30 bears the burden of going forward with the evidence, |
|---|
| 2620 | | - | 79.11which means presenting a prima facie case with competent evidence to show that the person |
|---|
| 2621 | | - | 79.12is entitled to the requested relief. If the petitioning party has met this burden, the party |
|---|
| 2622 | | - | 79.13opposing discharge or provisional discharge bears the burden of proof by clear and |
|---|
| 2623 | | - | 79.14convincing evidence that the discharge or provisional discharge should be denied. |
|---|
| 2624 | | - | 79.15 (e) A party seeking transfer under section 253D.29 must establish by a preponderance |
|---|
| 2625 | | - | 79.16of the evidence that the transfer is appropriate. |
|---|
| 2626 | | - | 79.17 Subd. 3.Decision.A majority of the judicial appeal panel shall rule upon the petition. |
|---|
| 2627 | | - | 79.18The panel shall consider the petition de novo. No order of the judicial appeal panel granting |
|---|
| 2628 | | - | 79.19a transfer, discharge, or provisional discharge shall be made effective sooner than 15 days |
|---|
| 2629 | | - | 79.20after it is issued. The panel may not consider petitions for relief other than those considered |
|---|
| 2630 | | - | 79.21by the special review board from which the appeal is taken. The judicial appeal panel may |
|---|
| 2631 | | - | 79.22not grant a transfer or provisional discharge on terms or conditions that were not presented |
|---|
| 2632 | | - | 79.23to the special review board. |
|---|
| 2633 | | - | 79.24 Subd. 4.Appeal.A party aggrieved by an order of the judicial appeal panel may appeal |
|---|
| 2634 | | - | 79.25that order as provided under section 253B.19, subdivision 5. |
|---|
| 2635 | | - | 79.26Sec. 48. Minnesota Statutes 2024, section 253D.29, subdivision 1, is amended to read: |
|---|
| 2636 | | - | 79.27 Subdivision 1.Factors.(a) A person who is committed as a sexually dangerous person |
|---|
| 2637 | | - | 79.28or a person with a sexual psychopathic personality shall not be transferred out of a secure |
|---|
| 2638 | | - | 79.29treatment facility unless the transfer is appropriate. Transfer may be to other treatment |
|---|
| 2639 | | - | 79.30programs a facility under the control of the executive board. |
|---|
| 2640 | | - | 79.31 (b) The following factors must be considered in determining whether a transfer is |
|---|
| 2641 | | - | 79.32appropriate: |
|---|
| 2642 | | - | 79.33 (1) the person's clinical progress and present treatment needs; |
|---|
| 2643 | | - | 79Article 3 Sec. 48. |
|---|
| 2644 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 80.1 (2) the need for security to accomplish continuing treatment; |
|---|
| 2645 | | - | 80.2 (3) the need for continued institutionalization; |
|---|
| 2646 | | - | 80.3 (4) which other treatment program facility can best meet the person's needs; and |
|---|
| 2647 | | - | 80.4 (5) whether transfer can be accomplished with a reasonable degree of safety for the |
|---|
| 2648 | | - | 80.5public. |
|---|
| 2649 | | - | 80.6 Sec. 49. Minnesota Statutes 2024, section 253D.29, subdivision 2, is amended to read: |
|---|
| 2650 | | - | 80.7 Subd. 2. Voluntary readmission to a secure treatment facility.(a) After a committed |
|---|
| 2651 | | - | 80.8person has been transferred out of a secure treatment facility pursuant to subdivision 1 and |
|---|
| 2652 | | - | 80.9with the consent of the executive director, a committed person may voluntarily return to a |
|---|
| 2653 | | - | 80.10secure treatment facility for a period of up to 60 days. |
|---|
| 2654 | | - | 80.11 (b) If the committed person is not returned to the other treatment program secure treatment |
|---|
| 2655 | | - | 80.12facility to which the person was originally transferred pursuant to subdivision 1 within 60 |
|---|
| 2656 | | - | 80.13days of being readmitted to a secure treatment facility under this subdivision, the transfer |
|---|
| 2657 | | - | 80.14to the other treatment program secure treatment facility under subdivision 1 is revoked and |
|---|
| 2658 | | - | 80.15the committed person shall remain in a secure treatment facility. The committed person |
|---|
| 2659 | | - | 80.16shall immediately be notified in writing of the revocation. |
|---|
| 2660 | | - | 80.17 (c) Within 15 days of receiving notice of the revocation, the committed person may |
|---|
| 2661 | | - | 80.18petition the special review board judicial appeal panel for a review of the revocation. The |
|---|
| 2662 | | - | 80.19special review board judicial appeal panel shall review the circumstances of the revocation |
|---|
| 2663 | | - | 80.20and shall recommend to the judicial appeal panel determine whether or not the revocation |
|---|
| 2664 | | - | 80.21shall be upheld. The special review board judicial appeal panel may also recommend grant |
|---|
| 2665 | | - | 80.22a new transfer at the time of the revocation hearing. |
|---|
| 2666 | | - | 80.23 (d) If the transfer has not been revoked and the committed person is to be returned to |
|---|
| 2667 | | - | 80.24the other treatment program facility to which the committed person was originally transferred |
|---|
| 2668 | | - | 80.25pursuant to subdivision 1 with no substantive change to the conditions of the transfer ordered |
|---|
| 2669 | | - | 80.26pursuant to subdivision 1, no action by the special review board or judicial appeal panel is |
|---|
| 2670 | | - | 80.27required. |
|---|
| 2671 | | - | 80.28Sec. 50. Minnesota Statutes 2024, section 253D.29, subdivision 3, is amended to read: |
|---|
| 2672 | | - | 80.29 Subd. 3. Revocation.(a) The executive director may revoke a transfer made pursuant |
|---|
| 2673 | | - | 80.30to subdivision 1 and require a committed person to return to a secure treatment facility if: |
|---|
| 2674 | | - | 80Article 3 Sec. 50. |
|---|
| 2675 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 81.1 (1) remaining in a nonsecure setting will not provide a reasonable degree of safety to |
|---|
| 2676 | | - | 81.2the committed person or others; or |
|---|
| 2677 | | - | 81.3 (2) the committed person has regressed in clinical progress so that the other treatment |
|---|
| 2678 | | - | 81.4program facility to which the committed person was transferred is no longer sufficient to |
|---|
| 2679 | | - | 81.5meet the committed person's needs. |
|---|
| 2680 | | - | 81.6 (b) Upon the revocation of the transfer, the committed person shall be immediately |
|---|
| 2681 | | - | 81.7returned to a secure treatment facility. A report documenting reasons for revocation shall |
|---|
| 2682 | | - | 81.8be issued by the executive director within seven days after the committed person is returned |
|---|
| 2683 | | - | 81.9to the secure treatment facility. Advance notice to the committed person of the revocation |
|---|
| 2684 | | - | 81.10is not required. |
|---|
| 2685 | | - | 81.11 (c) The committed person must be provided a copy of the revocation report and informed, |
|---|
| 2686 | | - | 81.12orally and in writing, of the rights of a committed person under this section. The revocation |
|---|
| 2687 | | - | 81.13report shall be served upon the committed person and the committed person's counsel. The |
|---|
| 2688 | | - | 81.14report shall outline the specific reasons for the revocation including, but not limited to, the |
|---|
| 2689 | | - | 81.15specific facts upon which the revocation is based. |
|---|
| 2690 | | - | 81.16 (d) If a committed person's transfer is revoked, the committed person may re-petition |
|---|
| 2691 | | - | 81.17for transfer according to section 253D.27. |
|---|
| 2692 | | - | 81.18 (e) Any committed person aggrieved by a transfer revocation decision may petition the |
|---|
| 2693 | | - | 81.19special review board judicial appeal panel within seven days, exclusive of Saturdays, |
|---|
| 2694 | | - | 81.20Sundays, and legal holidays, after receipt of the revocation report for a review of the |
|---|
| 2695 | | - | 81.21revocation. The matter shall be scheduled within 30 days. The special review board judicial |
|---|
| 2696 | | - | 81.22appeal panel shall review the circumstances leading to the revocation and, after considering |
|---|
| 2697 | | - | 81.23the factors in subdivision 1, paragraph (b), shall recommend to the judicial appeal panel |
|---|
| 2698 | | - | 81.24determine whether or not the revocation shall be upheld. The special review board judicial |
|---|
| 2699 | | - | 81.25appeal panel may also recommend grant a new transfer out of a secure treatment facility at |
|---|
| 2700 | | - | 81.26the time of the revocation hearing. |
|---|
| 2701 | | - | 81.27Sec. 51. Minnesota Statutes 2024, section 253D.30, subdivision 3, is amended to read: |
|---|
| 2702 | | - | 81.28 Subd. 3. Review.A provisional discharge pursuant to this chapter shall not automatically |
|---|
| 2703 | | - | 81.29terminate. A full discharge shall occur only as provided in section 253D.31. The terms of |
|---|
| 2704 | | - | 81.30a provisional discharge continue unless the committed person requests and is granted a |
|---|
| 2705 | | - | 81.31change in the conditions of provisional discharge or unless the committed person petitions |
|---|
| 2706 | | - | 81.32the special review board judicial appeal panel for a full discharge and the discharge is granted |
|---|
| 2707 | | - | 81.33by the judicial appeal panel. |
|---|
| 2708 | | - | 81Article 3 Sec. 51. |
|---|
| 2709 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 82.1 Sec. 52. Minnesota Statutes 2024, section 253D.30, subdivision 4, is amended to read: |
|---|
| 2710 | | - | 82.2 Subd. 4. Voluntary readmission.(a) With the consent of the executive director, a |
|---|
| 2711 | | - | 82.3committed person may voluntarily return to the Minnesota Sex Offender Program a secure |
|---|
| 2712 | | - | 82.4treatment facility from provisional discharge for a period of up to 60 days. |
|---|
| 2713 | | - | 82.5 (b) If the committed person is not returned to provisional discharge status within 60 days |
|---|
| 2714 | | - | 82.6of being readmitted to the Minnesota Sex Offender Program a secure treatment facility, the |
|---|
| 2715 | | - | 82.7provisional discharge is revoked. The committed person shall immediately be notified of |
|---|
| 2716 | | - | 82.8the revocation in writing. Within 15 days of receiving notice of the revocation, the committed |
|---|
| 2717 | | - | 82.9person may request a review of the matter before the special review board judicial appeal |
|---|
| 2718 | | - | 82.10panel. The special review board judicial appeal panel shall review the circumstances of the |
|---|
| 2719 | | - | 82.11revocation and, after applying the standards in subdivision 5, paragraph (a), shall recommend |
|---|
| 2720 | | - | 82.12to the judicial appeal panel determine whether or not the revocation shall be upheld. The |
|---|
| 2721 | | - | 82.13board judicial appeal panel may recommend grant a return to provisional discharge status. |
|---|
| 2722 | | - | 82.14 (c) If the provisional discharge has not been revoked and the committed person is to be |
|---|
| 2723 | | - | 82.15returned to provisional discharge, the Minnesota Sex Offender Program is not required to |
|---|
| 2724 | | - | 82.16petition for a further review by the special review board no action by the judicial appeal |
|---|
| 2725 | | - | 82.17panel is required unless the committed person's return to the community results in substantive |
|---|
| 2726 | | - | 82.18change to the existing provisional discharge plan. |
|---|
| 2727 | | - | 82.19Sec. 53. Minnesota Statutes 2024, section 253D.30, subdivision 5, is amended to read: |
|---|
| 2728 | | - | 82.20 Subd. 5. Revocation.(a) The executive director may revoke a provisional discharge if |
|---|
| 2729 | | - | 82.21either of the following grounds exist: |
|---|
| 2730 | | - | 82.22 (1) the committed person has departed from the conditions of the provisional discharge |
|---|
| 2731 | | - | 82.23plan; or |
|---|
| 2732 | | - | 82.24 (2) the committed person is exhibiting behavior which may be dangerous to self or |
|---|
| 2733 | | - | 82.25others. |
|---|
| 2734 | | - | 82.26 (b) The executive director may revoke the provisional discharge and, either orally or in |
|---|
| 2735 | | - | 82.27writing, order that the committed person be immediately returned to a secure treatment |
|---|
| 2736 | | - | 82.28facility or other treatment program. A report documenting reasons for revocation shall be |
|---|
| 2737 | | - | 82.29issued by the executive director within seven days after the committed person is returned |
|---|
| 2738 | | - | 82.30to the secure treatment facility or other treatment program. Advance notice to the committed |
|---|
| 2739 | | - | 82.31person of the revocation is not required. |
|---|
| 2740 | | - | 82.32 (c) The committed person must be provided a copy of the revocation report and informed, |
|---|
| 2741 | | - | 82.33orally and in writing, of the rights of a committed person under this section. The revocation |
|---|
| 2742 | | - | 82Article 3 Sec. 53. |
|---|
| 2743 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 83.1report shall be served upon the committed person, the committed person's counsel, and the |
|---|
| 2744 | | - | 83.2county attorneys of the county of commitment and the county of financial responsibility. |
|---|
| 2745 | | - | 83.3The report shall outline the specific reasons for the revocation, including but not limited to |
|---|
| 2746 | | - | 83.4the specific facts upon which the revocation is based. |
|---|
| 2747 | | - | 83.5 (d) An individual who is revoked from provisional discharge must successfully re-petition |
|---|
| 2748 | | - | 83.6the special review board and judicial appeal panel prior to being placed back on provisional |
|---|
| 2749 | | - | 83.7discharge. |
|---|
| 2750 | | - | 83.8 Sec. 54. Minnesota Statutes 2024, section 253D.30, subdivision 6, is amended to read: |
|---|
| 2751 | | - | 83.9 Subd. 6.Appeal.Any committed person aggrieved by a revocation decision or any |
|---|
| 2752 | | - | 83.10interested person may petition the special review board judicial appeal panel within seven |
|---|
| 2753 | | - | 83.11days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of the revocation |
|---|
| 2754 | | - | 83.12report for a review of the revocation. The matter shall be scheduled within 30 days. The |
|---|
| 2755 | | - | 83.13special review board judicial appeal panel shall review the circumstances leading to the |
|---|
| 2756 | | - | 83.14revocation and shall recommend to the judicial appeal panel determine whether or not the |
|---|
| 2757 | | - | 83.15revocation shall be upheld. The special review board judicial appeal panel may also |
|---|
| 2758 | | - | 83.16recommend grant a new provisional discharge at the time of the revocation hearing. |
|---|
| 2759 | | - | 83.17Sec. 55. Minnesota Statutes 2024, section 253D.31, is amended to read: |
|---|
| 2760 | | - | 83.18 253D.31 DISCHARGE. |
|---|
| 2761 | | - | 83.19 A person who is committed as a sexually dangerous person or a person with a sexual |
|---|
| 2762 | | - | 83.20psychopathic personality shall not be discharged unless it appears to the satisfaction of the |
|---|
| 2763 | | - | 83.21judicial appeal panel, after a hearing and recommendation by a majority of the special review |
|---|
| 2764 | | - | 83.22board, that the committed person is capable of making an acceptable adjustment to open |
|---|
| 2765 | | - | 83.23society, is no longer dangerous to the public, and is no longer in need of treatment and |
|---|
| 2766 | | - | 83.24supervision. |
|---|
| 2767 | | - | 83.25 In determining whether a discharge shall be recommended granted, the special review |
|---|
| 2768 | | - | 83.26board and judicial appeal panel shall consider whether specific conditions exist to provide |
|---|
| 2769 | | - | 83.27a reasonable degree of protection to the public and to assist the committed person in adjusting |
|---|
| 2770 | | - | 83.28to the community. If the desired conditions do not exist, the discharge shall not be granted. |
|---|
| 2771 | | - | 83.29Sec. 56. Minnesota Statutes 2024, section 256.01, subdivision 2, is amended to read: |
|---|
| 2772 | | - | 83.30 Subd. 2.Specific powers.Subject to the provisions of section 241.021, subdivision 2, |
|---|
| 2773 | | - | 83.31the commissioner of human services shall carry out the specific duties in paragraphs (a) |
|---|
| 2774 | | - | 83.32through (bb): |
|---|
| 2775 | | - | 83Article 3 Sec. 56. |
|---|
| 2776 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 84.1 (a) Administer and supervise the forms of public assistance provided for by state law |
|---|
| 2777 | | - | 84.2and other welfare activities or services that are vested in the commissioner. Administration |
|---|
| 2778 | | - | 84.3and supervision of human services activities or services includes, but is not limited to, |
|---|
| 2779 | | - | 84.4assuring timely and accurate distribution of benefits, completeness of service, and quality |
|---|
| 2780 | | - | 84.5program management. In addition to administering and supervising human services activities |
|---|
| 2781 | | - | 84.6vested by law in the department, the commissioner shall have the authority to: |
|---|
| 2782 | | - | 84.7 (1) require county agency participation in training and technical assistance programs to |
|---|
| 2783 | | - | 84.8promote compliance with statutes, rules, federal laws, regulations, and policies governing |
|---|
| 2784 | | - | 84.9human services; |
|---|
| 2785 | | - | 84.10 (2) monitor, on an ongoing basis, the performance of county agencies in the operation |
|---|
| 2786 | | - | 84.11and administration of human services, enforce compliance with statutes, rules, federal laws, |
|---|
| 2787 | | - | 84.12regulations, and policies governing welfare services and promote excellence of administration |
|---|
| 2788 | | - | 84.13and program operation; |
|---|
| 2789 | | - | 84.14 (3) develop a quality control program or other monitoring program to review county |
|---|
| 2790 | | - | 84.15performance and accuracy of benefit determinations; |
|---|
| 2791 | | - | 84.16 (4) require county agencies to make an adjustment to the public assistance benefits issued |
|---|
| 2792 | | - | 84.17to any individual consistent with federal law and regulation and state law and rule and to |
|---|
| 2793 | | - | 84.18issue or recover benefits as appropriate; |
|---|
| 2794 | | - | 84.19 (5) delay or deny payment of all or part of the state and federal share of benefits and |
|---|
| 2795 | | - | 84.20administrative reimbursement according to the procedures set forth in section 256.017; |
|---|
| 2796 | | - | 84.21 (6) make contracts with and grants to public and private agencies and organizations, |
|---|
| 2797 | | - | 84.22both profit and nonprofit, and individuals, using appropriated funds; and |
|---|
| 2798 | | - | 84.23 (7) enter into contractual agreements with federally recognized Indian Tribes with a |
|---|
| 2799 | | - | 84.24reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved |
|---|
| 2800 | | - | 84.25family assistance program or any other program under the supervision of the commissioner. |
|---|
| 2801 | | - | 84.26The commissioner shall consult with the affected county or counties in the contractual |
|---|
| 2802 | | - | 84.27agreement negotiations, if the county or counties wish to be included, in order to avoid the |
|---|
| 2803 | | - | 84.28duplication of county and Tribal assistance program services. The commissioner may |
|---|
| 2804 | | - | 84.29establish necessary accounts for the purposes of receiving and disbursing funds as necessary |
|---|
| 2805 | | - | 84.30for the operation of the programs. |
|---|
| 2806 | | - | 84.31The commissioner shall work in conjunction with the commissioner of children, youth, and |
|---|
| 2807 | | - | 84.32families to carry out the duties of this paragraph when necessary and feasible. |
|---|
| 2808 | | - | 84Article 3 Sec. 56. |
|---|
| 2809 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 85.1 (b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law, |
|---|
| 2810 | | - | 85.2regulation, and policy necessary to county agency administration of the programs. |
|---|
| 2811 | | - | 85.3 (c) Administer and supervise all noninstitutional service to persons with disabilities, |
|---|
| 2812 | | - | 85.4including persons who have vision impairments, and persons who are deaf, deafblind, and |
|---|
| 2813 | | - | 85.5hard-of-hearing or with other disabilities. The commissioner may provide and contract for |
|---|
| 2814 | | - | 85.6the care and treatment of qualified indigent children in facilities other than those located |
|---|
| 2815 | | - | 85.7and available at state hospitals operated by the executive board when it is not feasible to |
|---|
| 2816 | | - | 85.8provide the service in state hospitals operated by the executive board. |
|---|
| 2817 | | - | 85.9 (d) Assist and actively cooperate with other departments, agencies and institutions, local, |
|---|
| 2818 | | - | 85.10state, and federal, by performing services in conformity with the purposes of Laws 1939, |
|---|
| 2819 | | - | 85.11chapter 431. |
|---|
| 2820 | | - | 85.12 (e) Act as the agent of and cooperate with the federal government in matters of mutual |
|---|
| 2821 | | - | 85.13concern relative to and in conformity with the provisions of Laws 1939, chapter 431, |
|---|
| 2822 | | - | 85.14including the administration of any federal funds granted to the state to aid in the performance |
|---|
| 2823 | | - | 85.15of any functions of the commissioner as specified in Laws 1939, chapter 431, and including |
|---|
| 2824 | | - | 85.16the promulgation of rules making uniformly available medical care benefits to all recipients |
|---|
| 2825 | | - | 85.17of public assistance, at such times as the federal government increases its participation in |
|---|
| 2826 | | - | 85.18assistance expenditures for medical care to recipients of public assistance, the cost thereof |
|---|
| 2827 | | - | 85.19to be borne in the same proportion as are grants of aid to said recipients. |
|---|
| 2828 | | - | 85.20 (f) Establish and maintain any administrative units reasonably necessary for the |
|---|
| 2829 | | - | 85.21performance of administrative functions common to all divisions of the department. |
|---|
| 2830 | | - | 85.22 (g) Act as designated guardian of both the estate and the person of all the wards of the |
|---|
| 2831 | | - | 85.23state of Minnesota, whether by operation of law or by an order of court, without any further |
|---|
| 2832 | | - | 85.24act or proceeding whatever, except as to persons committed as developmentally disabled. |
|---|
| 2833 | | - | 85.25 (h) Act as coordinating referral and informational center on requests for service for |
|---|
| 2834 | | - | 85.26newly arrived immigrants coming to Minnesota. |
|---|
| 2835 | | - | 85.27 (i) The specific enumeration of powers and duties as hereinabove set forth shall in no |
|---|
| 2836 | | - | 85.28way be construed to be a limitation upon the general transfer of powers herein contained. |
|---|
| 2837 | | - | 85.29 (j) Establish county, regional, or statewide schedules of maximum fees and charges |
|---|
| 2838 | | - | 85.30which may be paid by county agencies for medical, dental, surgical, hospital, nursing and |
|---|
| 2839 | | - | 85.31nursing home care and medicine and medical supplies under all programs of medical care |
|---|
| 2840 | | - | 85.32provided by the state and for congregate living care under the income maintenance programs. |
|---|
| 2841 | | - | 85Article 3 Sec. 56. |
|---|
| 2842 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 86.1 (k) Have the authority to conduct and administer experimental projects to test methods |
|---|
| 2843 | | - | 86.2and procedures of administering assistance and services to recipients or potential recipients |
|---|
| 2844 | | - | 86.3of public welfare. To carry out such experimental projects, it is further provided that the |
|---|
| 2845 | | - | 86.4commissioner of human services is authorized to waive the enforcement of existing specific |
|---|
| 2846 | | - | 86.5statutory program requirements, rules, and standards in one or more counties. The order |
|---|
| 2847 | | - | 86.6establishing the waiver shall provide alternative methods and procedures of administration, |
|---|
| 2848 | | - | 86.7shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and |
|---|
| 2849 | | - | 86.8in no event shall the duration of a project exceed four years. It is further provided that no |
|---|
| 2850 | | - | 86.9order establishing an experimental project as authorized by the provisions of this section |
|---|
| 2851 | | - | 86.10shall become effective until the following conditions have been met: |
|---|
| 2852 | | - | 86.11 (1) the United States Secretary of Health and Human Services has agreed, for the same |
|---|
| 2853 | | - | 86.12project, to waive state plan requirements relative to statewide uniformity; and |
|---|
| 2854 | | - | 86.13 (2) a comprehensive plan, including estimated project costs, shall be approved by the |
|---|
| 2855 | | - | 86.14Legislative Advisory Commission and filed with the commissioner of administration. |
|---|
| 2856 | | - | 86.15 (l) According to federal requirements and in coordination with the commissioner of |
|---|
| 2857 | | - | 86.16children, youth, and families, establish procedures to be followed by local welfare boards |
|---|
| 2858 | | - | 86.17in creating citizen advisory committees, including procedures for selection of committee |
|---|
| 2859 | | - | 86.18members. |
|---|
| 2860 | | - | 86.19 (m) Allocate federal fiscal disallowances or sanctions which are based on quality control |
|---|
| 2861 | | - | 86.20error rates for medical assistance in the following manner: |
|---|
| 2862 | | - | 86.21 (1) one-half of the total amount of the disallowance shall be borne by the county boards |
|---|
| 2863 | | - | 86.22responsible for administering the programs. Disallowances shall be shared by each county |
|---|
| 2864 | | - | 86.23board in the same proportion as that county's expenditures for the sanctioned program are |
|---|
| 2865 | | - | 86.24to the total of all counties' expenditures for medical assistance. Each county shall pay its |
|---|
| 2866 | | - | 86.25share of the disallowance to the state of Minnesota. When a county fails to pay the amount |
|---|
| 2867 | | - | 86.26due hereunder, the commissioner may deduct the amount from reimbursement otherwise |
|---|
| 2868 | | - | 86.27due the county, or the attorney general, upon the request of the commissioner, may institute |
|---|
| 2869 | | - | 86.28civil action to recover the amount due; and |
|---|
| 2870 | | - | 86.29 (2) notwithstanding the provisions of clause (1), if the disallowance results from knowing |
|---|
| 2871 | | - | 86.30noncompliance by one or more counties with a specific program instruction, and that knowing |
|---|
| 2872 | | - | 86.31noncompliance is a matter of official county board record, the commissioner may require |
|---|
| 2873 | | - | 86.32payment or recover from the county or counties, in the manner prescribed in clause (1), an |
|---|
| 2874 | | - | 86.33amount equal to the portion of the total disallowance which resulted from the noncompliance, |
|---|
| 2875 | | - | 86.34and may distribute the balance of the disallowance according to clause (1). |
|---|
| 2876 | | - | 86Article 3 Sec. 56. |
|---|
| 2877 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 87.1 (n) Develop and implement special projects that maximize reimbursements and result |
|---|
| 2878 | | - | 87.2in the recovery of money to the state. For the purpose of recovering state money, the |
|---|
| 2879 | | - | 87.3commissioner may enter into contracts with third parties. Any recoveries that result from |
|---|
| 2880 | | - | 87.4projects or contracts entered into under this paragraph shall be deposited in the state treasury |
|---|
| 2881 | | - | 87.5and credited to a special account until the balance in the account reaches $1,000,000. When |
|---|
| 2882 | | - | 87.6the balance in the account exceeds $1,000,000, the excess shall be transferred and credited |
|---|
| 2883 | | - | 87.7to the general fund. All money in the account is appropriated to the commissioner for the |
|---|
| 2884 | | - | 87.8purposes of this paragraph. |
|---|
| 2885 | | - | 87.9 (o) Have the authority to establish and enforce the following county reporting |
|---|
| 2886 | | - | 87.10requirements: |
|---|
| 2887 | | - | 87.11 (1) the commissioner shall establish fiscal and statistical reporting requirements necessary |
|---|
| 2888 | | - | 87.12to account for the expenditure of funds allocated to counties for human services programs. |
|---|
| 2889 | | - | 87.13When establishing financial and statistical reporting requirements, the commissioner shall |
|---|
| 2890 | | - | 87.14evaluate all reports, in consultation with the counties, to determine if the reports can be |
|---|
| 2891 | | - | 87.15simplified or the number of reports can be reduced; |
|---|
| 2892 | | - | 87.16 (2) the county board shall submit monthly or quarterly reports to the department as |
|---|
| 2893 | | - | 87.17required by the commissioner. Monthly reports are due no later than 15 working days after |
|---|
| 2894 | | - | 87.18the end of the month. Quarterly reports are due no later than 30 calendar days after the end |
|---|
| 2895 | | - | 87.19of the quarter, unless the commissioner determines that the deadline must be shortened to |
|---|
| 2896 | | - | 87.2020 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss |
|---|
| 2897 | | - | 87.21of federal funding. Only reports that are complete, legible, and in the required format shall |
|---|
| 2898 | | - | 87.22be accepted by the commissioner; |
|---|
| 2899 | | - | 87.23 (3) if the required reports are not received by the deadlines established in clause (2), the |
|---|
| 2900 | | - | 87.24commissioner may delay payments and withhold funds from the county board until the next |
|---|
| 2901 | | - | 87.25reporting period. When the report is needed to account for the use of federal funds and the |
|---|
| 2902 | | - | 87.26late report results in a reduction in federal funding, the commissioner shall withhold from |
|---|
| 2903 | | - | 87.27the county boards with late reports an amount equal to the reduction in federal funding until |
|---|
| 2904 | | - | 87.28full federal funding is received; |
|---|
| 2905 | | - | 87.29 (4) a county board that submits reports that are late, illegible, incomplete, or not in the |
|---|
| 2906 | | - | 87.30required format for two out of three consecutive reporting periods is considered |
|---|
| 2907 | | - | 87.31noncompliant. When a county board is found to be noncompliant, the commissioner shall |
|---|
| 2908 | | - | 87.32notify the county board of the reason the county board is considered noncompliant and |
|---|
| 2909 | | - | 87.33request that the county board develop a corrective action plan stating how the county board |
|---|
| 2910 | | - | 87.34plans to correct the problem. The corrective action plan must be submitted to the |
|---|
| 2911 | | - | 87Article 3 Sec. 56. |
|---|
| 2912 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 88.1commissioner within 45 days after the date the county board received notice of |
|---|
| 2913 | | - | 88.2noncompliance; |
|---|
| 2914 | | - | 88.3 (5) the final deadline for fiscal reports or amendments to fiscal reports is one year after |
|---|
| 2915 | | - | 88.4the date the report was originally due. If the commissioner does not receive a report by the |
|---|
| 2916 | | - | 88.5final deadline, the county board forfeits the funding associated with the report for that |
|---|
| 2917 | | - | 88.6reporting period and the county board must repay any funds associated with the report |
|---|
| 2918 | | - | 88.7received for that reporting period; |
|---|
| 2919 | | - | 88.8 (6) the commissioner may not delay payments, withhold funds, or require repayment |
|---|
| 2920 | | - | 88.9under clause (3) or (5) if the county demonstrates that the commissioner failed to provide |
|---|
| 2921 | | - | 88.10appropriate forms, guidelines, and technical assistance to enable the county to comply with |
|---|
| 2922 | | - | 88.11the requirements. If the county board disagrees with an action taken by the commissioner |
|---|
| 2923 | | - | 88.12under clause (3) or (5), the county board may appeal the action according to sections 14.57 |
|---|
| 2924 | | - | 88.13to 14.69; and |
|---|
| 2925 | | - | 88.14 (7) counties subject to withholding of funds under clause (3) or forfeiture or repayment |
|---|
| 2926 | | - | 88.15of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover |
|---|
| 2927 | | - | 88.16costs incurred due to actions taken by the commissioner under clause (3) or (5). |
|---|
| 2928 | | - | 88.17 (p) Allocate federal fiscal disallowances or sanctions for audit exceptions when federal |
|---|
| 2929 | | - | 88.18fiscal disallowances or sanctions are based on a statewide random sample in direct proportion |
|---|
| 2930 | | - | 88.19to each county's claim for that period. |
|---|
| 2931 | | - | 88.20 (q) Be responsible for ensuring the detection, prevention, investigation, and resolution |
|---|
| 2932 | | - | 88.21of fraudulent activities or behavior by applicants, recipients, and other participants in the |
|---|
| 2933 | | - | 88.22human services programs administered by the department. |
|---|
| 2934 | | - | 88.23 (r) Require county agencies to identify overpayments, establish claims, and utilize all |
|---|
| 2935 | | - | 88.24available and cost-beneficial methodologies to collect and recover these overpayments in |
|---|
| 2936 | | - | 88.25the human services programs administered by the department. |
|---|
| 2937 | | - | 88.26 (s) Have the authority to administer the federal drug rebate program for drugs purchased |
|---|
| 2938 | | - | 88.27under the medical assistance program as allowed by section 1927 of title XIX of the Social |
|---|
| 2939 | | - | 88.28Security Act and according to the terms and conditions of section 1927. Rebates shall be |
|---|
| 2940 | | - | 88.29collected for all drugs that have been dispensed or administered in an outpatient setting and |
|---|
| 2941 | | - | 88.30that are from manufacturers who have signed a rebate agreement with the United States |
|---|
| 2942 | | - | 88.31Department of Health and Human Services. |
|---|
| 2943 | | - | 88.32 (t) Have the authority to administer a supplemental drug rebate program for drugs |
|---|
| 2944 | | - | 88.33purchased under the medical assistance program. The commissioner may enter into |
|---|
| 2945 | | - | 88Article 3 Sec. 56. |
|---|
| 2946 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 89.1supplemental rebate contracts with pharmaceutical manufacturers and may require prior |
|---|
| 2947 | | - | 89.2authorization for drugs that are from manufacturers that have not signed a supplemental |
|---|
| 2948 | | - | 89.3rebate contract. Prior authorization of drugs shall be subject to the provisions of section |
|---|
| 2949 | | - | 89.4256B.0625, subdivision 13. |
|---|
| 2950 | | - | 89.5 (u) Operate the department's communication systems account established in Laws 1993, |
|---|
| 2951 | | - | 89.6First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared |
|---|
| 2952 | | - | 89.7communication costs necessary for the operation of the programs the commissioner |
|---|
| 2953 | | - | 89.8supervises. Each account must be used to manage shared communication costs necessary |
|---|
| 2954 | | - | 89.9for the operations of the programs the commissioner supervises. The commissioner may |
|---|
| 2955 | | - | 89.10distribute the costs of operating and maintaining communication systems to participants in |
|---|
| 2956 | | - | 89.11a manner that reflects actual usage. Costs may include acquisition, licensing, insurance, |
|---|
| 2957 | | - | 89.12maintenance, repair, staff time and other costs as determined by the commissioner. Nonprofit |
|---|
| 2958 | | - | 89.13organizations and state, county, and local government agencies involved in the operation |
|---|
| 2959 | | - | 89.14of programs the commissioner supervises may participate in the use of the department's |
|---|
| 2960 | | - | 89.15communications technology and share in the cost of operation. The commissioner may |
|---|
| 2961 | | - | 89.16accept on behalf of the state any gift, bequest, devise or personal property of any kind, or |
|---|
| 2962 | | - | 89.17money tendered to the state for any lawful purpose pertaining to the communication activities |
|---|
| 2963 | | - | 89.18of the department. Any money received for this purpose must be deposited in the department's |
|---|
| 2964 | | - | 89.19communication systems accounts. Money collected by the commissioner for the use of |
|---|
| 2965 | | - | 89.20communication systems must be deposited in the state communication systems account and |
|---|
| 2966 | | - | 89.21is appropriated to the commissioner for purposes of this section. |
|---|
| 2967 | | - | 89.22 (v) Receive any federal matching money that is made available through the medical |
|---|
| 2968 | | - | 89.23assistance program for the consumer satisfaction survey. Any federal money received for |
|---|
| 2969 | | - | 89.24the survey is appropriated to the commissioner for this purpose. The commissioner may |
|---|
| 2970 | | - | 89.25expend the federal money received for the consumer satisfaction survey in either year of |
|---|
| 2971 | | - | 89.26the biennium. |
|---|
| 2972 | | - | 89.27 (w) Designate community information and referral call centers and incorporate cost |
|---|
| 2973 | | - | 89.28reimbursement claims from the designated community information and referral call centers |
|---|
| 2974 | | - | 89.29into the federal cost reimbursement claiming processes of the department according to |
|---|
| 2975 | | - | 89.30federal law, rule, and regulations. Existing information and referral centers provided by |
|---|
| 2976 | | - | 89.31Greater Twin Cities United Way or existing call centers for which Greater Twin Cities |
|---|
| 2977 | | - | 89.32United Way has legal authority to represent, shall be included in these designations upon |
|---|
| 2978 | | - | 89.33review by the commissioner and assurance that these services are accredited and in |
|---|
| 2979 | | - | 89.34compliance with national standards. Any reimbursement is appropriated to the commissioner |
|---|
| 2980 | | - | 89.35and all designated information and referral centers shall receive payments according to |
|---|
| 2981 | | - | 89Article 3 Sec. 56. |
|---|
| 2982 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 90.1normal department schedules established by the commissioner upon final approval of |
|---|
| 2983 | | - | 90.2allocation methodologies from the United States Department of Health and Human Services |
|---|
| 2984 | | - | 90.3Division of Cost Allocation or other appropriate authorities. |
|---|
| 2985 | | - | 90.4 (x) Develop recommended standards for adult foster care homes that address the |
|---|
| 2986 | | - | 90.5components of specialized therapeutic services to be provided by adult foster care homes |
|---|
| 2987 | | - | 90.6with those services. |
|---|
| 2988 | | - | 90.7 (y) Authorize the method of payment to or from the department as part of the human |
|---|
| 2989 | | - | 90.8services programs administered by the department. This authorization includes the receipt |
|---|
| 2990 | | - | 90.9or disbursement of funds held by the department in a fiduciary capacity as part of the human |
|---|
| 2991 | | - | 90.10services programs administered by the department. |
|---|
| 2992 | | - | 90.11 (z) Designate the agencies that operate the Senior LinkAge Line under section 256.975, |
|---|
| 2993 | | - | 90.12subdivision 7, and the Disability Hub under subdivision 24 as the state of Minnesota Aging |
|---|
| 2994 | | - | 90.13and Disability Resource Center under United States Code, title 42, section 3001, the Older |
|---|
| 2995 | | - | 90.14Americans Act Amendments of 2006, and incorporate cost reimbursement claims from the |
|---|
| 2996 | | - | 90.15designated centers into the federal cost reimbursement claiming processes of the department |
|---|
| 2997 | | - | 90.16according to federal law, rule, and regulations. Any reimbursement must be appropriated |
|---|
| 2998 | | - | 90.17to the commissioner and treated consistent with section 256.011. All Aging and Disability |
|---|
| 2999 | | - | 90.18Resource Center designated agencies shall receive payments of grant funding that supports |
|---|
| 3000 | | - | 90.19the activity and generates the federal financial participation according to Board on Aging |
|---|
| 3001 | | - | 90.20administrative granting mechanisms. |
|---|
| 3002 | | - | 90.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3003 | | - | 90.22Sec. 57. Minnesota Statutes 2024, section 256.01, subdivision 5, is amended to read: |
|---|
| 3004 | | - | 90.23 Subd. 5.Gifts, contributions, pensions and benefits; acceptance.The commissioner |
|---|
| 3005 | | - | 90.24may receive and accept on behalf of patients and residents at the several state hospitals for |
|---|
| 3006 | | - | 90.25persons with mental illness or developmental disabilities during the period of their |
|---|
| 3007 | | - | 90.26hospitalization and while on provisional discharge therefrom, money due and payable to |
|---|
| 3008 | | - | 90.27them as old age and survivors insurance benefits, veterans benefits, pensions or other such |
|---|
| 3009 | | - | 90.28monetary benefits. Such gifts, contributions, pensions and benefits shall be deposited in and |
|---|
| 3010 | | - | 90.29disbursed from the social welfare fund provided for in sections 256.88 to 256.92. |
|---|
| 3011 | | - | 90.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3012 | | - | 90Article 3 Sec. 57. |
|---|
| 3013 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 91.1 Sec. 58. Minnesota Statutes 2024, section 256.019, subdivision 1, is amended to read: |
|---|
| 3014 | | - | 91.2 Subdivision 1.Retention rates.When an assistance recovery amount is collected and |
|---|
| 3015 | | - | 91.3posted by a county agency under the provisions governing public assistance programs |
|---|
| 3016 | | - | 91.4including general assistance medical care formerly codified in chapter 256D, general |
|---|
| 3017 | | - | 91.5assistance, and Minnesota supplemental aid, the county may keep one-half of the recovery |
|---|
| 3018 | | - | 91.6made by the county agency using any method other than recoupment. For medical assistance, |
|---|
| 3019 | | - | 91.7if the recovery is made by a county agency using any method other than recoupment, the |
|---|
| 3020 | | - | 91.8county may keep one-half of the nonfederal share of the recovery. For MinnesotaCare, if |
|---|
| 3021 | | - | 91.9the recovery is collected and posted by the county agency, the county may keep one-half |
|---|
| 3022 | | - | 91.10of the nonfederal share of the recovery. |
|---|
| 3023 | | - | 91.11 This does not apply to recoveries from medical providers or to recoveries begun by the |
|---|
| 3024 | | - | 91.12Department of Human Services' Surveillance and Utilization Review Division, State Hospital |
|---|
| 3025 | | - | 91.13Collections Unit, and the Benefit Recoveries Division or, by the Direct Care and Treatment |
|---|
| 3026 | | - | 91.14State Hospital Collections Unit, the attorney general's office, or child support collections. |
|---|
| 3027 | | - | 91.15 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3028 | | - | 91.16Sec. 59. Minnesota Statutes 2024, section 256.0281, is amended to read: |
|---|
| 3029 | | - | 91.17 256.0281 INTERAGENCY DATA EXCHANGE. |
|---|
| 3030 | | - | 91.18 (a) The Department of Human Services, the Department of Health, Direct Care and |
|---|
| 3031 | | - | 91.19Treatment, and the Office of the Ombudsman for Mental Health and Developmental |
|---|
| 3032 | | - | 91.20Disabilities may establish interagency agreements governing the electronic exchange of |
|---|
| 3033 | | - | 91.21data on providers and individuals collected, maintained, or used by each agency when such |
|---|
| 3034 | | - | 91.22exchange is outlined by each agency in an interagency agreement to accomplish the purposes |
|---|
| 3035 | | - | 91.23in clauses (1) to (4): |
|---|
| 3036 | | - | 91.24 (1) to improve provider enrollment processes for home and community-based services |
|---|
| 3037 | | - | 91.25and state plan home care services; |
|---|
| 3038 | | - | 91.26 (2) to improve quality management of providers between state agencies; |
|---|
| 3039 | | - | 91.27 (3) to establish and maintain provider eligibility to participate as providers under |
|---|
| 3040 | | - | 91.28Minnesota health care programs; or |
|---|
| 3041 | | - | 91.29 (4) to meet the quality assurance reporting requirements under federal law under section |
|---|
| 3042 | | - | 91.301915(c) of the Social Security Act related to home and community-based waiver programs. |
|---|
| 3043 | | - | 91.31 (b) Each interagency agreement must include provisions to ensure anonymity of |
|---|
| 3044 | | - | 91.32individuals, including mandated reporters, and must outline the specific uses of and access |
|---|
| 3045 | | - | 91Article 3 Sec. 59. |
|---|
| 3046 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 92.1to shared data within each agency. Electronic interfaces between source data systems |
|---|
| 3047 | | - | 92.2developed under these interagency agreements must incorporate these provisions as well |
|---|
| 3048 | | - | 92.3as other HIPAA provisions related to individual data. |
|---|
| 3049 | | - | 92.4 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3050 | | - | 92.5 Sec. 60. Minnesota Statutes 2024, section 256.0451, subdivision 1, is amended to read: |
|---|
| 3051 | | - | 92.6 Subdivision 1.Scope.(a) The requirements in this section apply to all fair hearings and |
|---|
| 3052 | | - | 92.7appeals under sections 142A.20, subdivision 2, and 256.045, subdivision 3, paragraph (a), |
|---|
| 3053 | | - | 92.8clauses (1), (2), (3), (5), (6), (7), (10), and (12). Except as provided in subdivisions 3 and |
|---|
| 3054 | | - | 92.919, the requirements under this section apply to fair hearings and appeals under section |
|---|
| 3055 | | - | 92.10256.045, subdivision 3, paragraph (a), clauses (4), (8), (9), and (11). |
|---|
| 3056 | | - | 92.11 (b) For purposes of this section, "person" means an individual who, on behalf of |
|---|
| 3057 | | - | 92.12themselves or their household, is appealing or disputing or challenging an action, a decision, |
|---|
| 3058 | | - | 92.13or a failure to act, by an agency in the human services system subject to this section. When |
|---|
| 3059 | | - | 92.14a person involved in a proceeding under this section is represented by an attorney or by an |
|---|
| 3060 | | - | 92.15authorized representative, the term "person" also means the person's attorney or authorized |
|---|
| 3061 | | - | 92.16representative. Any notice sent to the person involved in the hearing must also be sent to |
|---|
| 3062 | | - | 92.17the person's attorney or authorized representative. |
|---|
| 3063 | | - | 92.18 (c) For purposes of this section, "agency" means the a county human services agency, |
|---|
| 3064 | | - | 92.19the a state human services agency, and, where applicable, any entity involved under a |
|---|
| 3065 | | - | 92.20contract, subcontract, grant, or subgrant with the state agency or with a county agency, that |
|---|
| 3066 | | - | 92.21provides or operates programs or services in which appeals are governed by section 256.045. |
|---|
| 3067 | | - | 92.22 (d) For purposes of this section, "state agency" means the Department of Human Services; |
|---|
| 3068 | | - | 92.23the Department of Health; the Department of Education; the Department of Children, Youth, |
|---|
| 3069 | | - | 92.24and Families; or Direct Care and Treatment. |
|---|
| 3070 | | - | 92.25 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3071 | | - | 92.26Sec. 61. Minnesota Statutes 2024, section 256.0451, subdivision 3, is amended to read: |
|---|
| 3072 | | - | 92.27 Subd. 3.Agency appeal summary.(a) Except in fair hearings and appeals under section |
|---|
| 3073 | | - | 92.28256.045, subdivision 3, paragraph (a), clauses (4), (9), and (10), the agency involved in an |
|---|
| 3074 | | - | 92.29appeal must prepare a state agency appeal summary for each fair hearing appeal. The state |
|---|
| 3075 | | - | 92.30agency appeal summary shall be mailed or otherwise delivered to the person who is involved |
|---|
| 3076 | | - | 92.31in the appeal at least three working days before the date of the hearing. The state agency |
|---|
| 3077 | | - | 92.32appeal summary must also be mailed or otherwise delivered to the department's Department |
|---|
| 3078 | | - | 92Article 3 Sec. 61. |
|---|
| 3079 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 93.1of Human Services' Appeals Office at least three working days before the date of the fair |
|---|
| 3080 | | - | 93.2hearing appeal. |
|---|
| 3081 | | - | 93.3 (b) In addition, the human services judge shall confirm that the state agency appeal |
|---|
| 3082 | | - | 93.4summary is mailed or otherwise delivered to the person involved in the appeal as required |
|---|
| 3083 | | - | 93.5under paragraph (a). The person involved in the fair hearing should be provided, through |
|---|
| 3084 | | - | 93.6the state agency appeal summary or other reasonable methods, appropriate information |
|---|
| 3085 | | - | 93.7about the procedures for the fair hearing and an adequate opportunity to prepare. These |
|---|
| 3086 | | - | 93.8requirements apply equally to the state agency or an entity under contract when involved |
|---|
| 3087 | | - | 93.9in the appeal. |
|---|
| 3088 | | - | 93.10 (c) The contents of the state agency appeal summary must be adequate to inform the |
|---|
| 3089 | | - | 93.11person involved in the appeal of the evidence on which the agency relies and the legal basis |
|---|
| 3090 | | - | 93.12for the agency's action or determination. |
|---|
| 3091 | | - | 93.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3092 | | - | 93.14Sec. 62. Minnesota Statutes 2024, section 256.0451, subdivision 6, is amended to read: |
|---|
| 3093 | | - | 93.15 Subd. 6.Appeal request for emergency assistance or urgent matter.(a) When an |
|---|
| 3094 | | - | 93.16appeal involves an application for emergency assistance, the agency involved shall mail or |
|---|
| 3095 | | - | 93.17otherwise deliver the state agency appeal summary to the department's Department of Human |
|---|
| 3096 | | - | 93.18Services' Appeals Office within two working days of receiving the request for an appeal. |
|---|
| 3097 | | - | 93.19A person may also request that a fair hearing be held on an emergency basis when the issue |
|---|
| 3098 | | - | 93.20requires an immediate resolution. The human services judge shall schedule the fair hearing |
|---|
| 3099 | | - | 93.21on the earliest available date according to the urgency of the issue involved. Issuance of the |
|---|
| 3100 | | - | 93.22recommended decision after an emergency hearing shall be expedited. |
|---|
| 3101 | | - | 93.23 (b) The applicable commissioner or executive board shall issue a written decision within |
|---|
| 3102 | | - | 93.24five working days of receiving the recommended decision, shall immediately inform the |
|---|
| 3103 | | - | 93.25parties of the outcome by telephone, and shall mail the decision no later than two working |
|---|
| 3104 | | - | 93.26days following the date of the decision. |
|---|
| 3105 | | - | 93.27 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3106 | | - | 93.28Sec. 63. Minnesota Statutes 2024, section 256.0451, subdivision 8, is amended to read: |
|---|
| 3107 | | - | 93.29 Subd. 8.Subpoenas.A person involved in a fair hearing or the agency may request a |
|---|
| 3108 | | - | 93.30subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall |
|---|
| 3109 | | - | 93.31be issued to require the attendance and the testimony of witnesses, and the production of |
|---|
| 3110 | | - | 93.32evidence relating to any issue of fact in the appeal hearing. The request for a subpoena must |
|---|
| 3111 | | - | 93Article 3 Sec. 63. |
|---|
| 3112 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 94.1show a need for the subpoena and the general relevance to the issues involved. The subpoena |
|---|
| 3113 | | - | 94.2shall be issued in the name of the Department of Human Services and shall be served and |
|---|
| 3114 | | - | 94.3enforced as provided in section 357.22 and the Minnesota Rules of Civil Procedure. |
|---|
| 3115 | | - | 94.4 An individual or entity served with a subpoena may petition the human services judge |
|---|
| 3116 | | - | 94.5in writing to vacate or modify a subpoena. The human services judge shall resolve such a |
|---|
| 3117 | | - | 94.6petition in a prehearing conference involving all parties and shall make a written decision. |
|---|
| 3118 | | - | 94.7A subpoena may be vacated or modified if the human services judge determines that the |
|---|
| 3119 | | - | 94.8testimony or evidence sought does not relate with reasonable directness to the issues of the |
|---|
| 3120 | | - | 94.9fair hearing appeal; that the subpoena is unreasonable, over broad, or oppressive; that the |
|---|
| 3121 | | - | 94.10evidence sought is repetitious or cumulative; or that the subpoena has not been served |
|---|
| 3122 | | - | 94.11reasonably in advance of the time when the appeal hearing will be held. |
|---|
| 3123 | | - | 94.12 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3124 | | - | 94.13Sec. 64. Minnesota Statutes 2024, section 256.0451, subdivision 9, is amended to read: |
|---|
| 3125 | | - | 94.14 Subd. 9.No ex parte contact.The human services judge shall not have ex parte contact |
|---|
| 3126 | | - | 94.15on substantive issues with the agency or with any person or witness in a fair hearing appeal. |
|---|
| 3127 | | - | 94.16No employee of the Department or an agency shall review, interfere with, change, or attempt |
|---|
| 3128 | | - | 94.17to influence the recommended decision of the human services judge in any fair hearing |
|---|
| 3129 | | - | 94.18appeal, except through the procedure allowed in subdivision 18. The limitations in this |
|---|
| 3130 | | - | 94.19subdivision do not affect the applicable commissioner's or executive board's authority to |
|---|
| 3131 | | - | 94.20review or reconsider decisions or make final decisions. |
|---|
| 3132 | | - | 94.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3133 | | - | 94.22Sec. 65. Minnesota Statutes 2024, section 256.0451, subdivision 18, is amended to read: |
|---|
| 3134 | | - | 94.23 Subd. 18.Inviting comment by department state agency.The human services judge |
|---|
| 3135 | | - | 94.24or the applicable commissioner or executive board may determine that a written comment |
|---|
| 3136 | | - | 94.25by the department state agency about the policy implications of a specific legal issue could |
|---|
| 3137 | | - | 94.26help resolve a pending appeal. Such a written policy comment from the department state |
|---|
| 3138 | | - | 94.27agency shall be obtained only by a written request that is also sent to the person involved |
|---|
| 3139 | | - | 94.28and to the agency or its representative. When such a written comment is received, both the |
|---|
| 3140 | | - | 94.29person involved in the hearing and the agency shall have adequate opportunity to review, |
|---|
| 3141 | | - | 94.30evaluate, and respond to the written comment, including submission of additional testimony |
|---|
| 3142 | | - | 94.31or evidence, and cross-examination concerning the written comment. |
|---|
| 3143 | | - | 94.32 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3144 | | - | 94Article 3 Sec. 65. |
|---|
| 3145 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 95.1 Sec. 66. Minnesota Statutes 2024, section 256.0451, subdivision 22, is amended to read: |
|---|
| 3146 | | - | 95.2 Subd. 22.Decisions.A timely, written decision must be issued in every appeal. Each |
|---|
| 3147 | | - | 95.3decision must contain a clear ruling on the issues presented in the appeal hearing and should |
|---|
| 3148 | | - | 95.4contain a ruling only on questions directly presented by the appeal and the arguments raised |
|---|
| 3149 | | - | 95.5in the appeal. |
|---|
| 3150 | | - | 95.6 (a) A written decision must be issued within 90 days of the date the person involved |
|---|
| 3151 | | - | 95.7requested the appeal unless a shorter time is required by law. An additional 30 days is |
|---|
| 3152 | | - | 95.8provided in those cases where the applicable commissioner or executive board refuses to |
|---|
| 3153 | | - | 95.9accept the recommended decision. In appeals of maltreatment determinations or |
|---|
| 3154 | | - | 95.10disqualifications filed pursuant to section 256.045, subdivision 3, paragraph (a), clause (4), |
|---|
| 3155 | | - | 95.11(8), or (9), that also give rise to possible licensing actions, the 90-day period for issuing |
|---|
| 3156 | | - | 95.12final decisions does not begin until the later of the date that the licensing authority provides |
|---|
| 3157 | | - | 95.13notice to the appeals division that the authority has made the final determination in the |
|---|
| 3158 | | - | 95.14matter or the date the appellant files the last appeal in the consolidated matters. |
|---|
| 3159 | | - | 95.15 (b) The decision must contain both findings of fact and conclusions of law, clearly |
|---|
| 3160 | | - | 95.16separated and identified. The findings of fact must be based on the entire record. Each |
|---|
| 3161 | | - | 95.17finding of fact made by the human services judge shall be supported by a preponderance |
|---|
| 3162 | | - | 95.18of the evidence unless a different standard is required under the regulations of a particular |
|---|
| 3163 | | - | 95.19program. The "preponderance of the evidence" means, in light of the record as a whole, the |
|---|
| 3164 | | - | 95.20evidence leads the human services judge to believe that the finding of fact is more likely to |
|---|
| 3165 | | - | 95.21be true than not true. The legal claims or arguments of a participant do not constitute either |
|---|
| 3166 | | - | 95.22a finding of fact or a conclusion of law, except to the extent the human services judge adopts |
|---|
| 3167 | | - | 95.23an argument as a finding of fact or conclusion of law. |
|---|
| 3168 | | - | 95.24 The decision shall contain at least the following: |
|---|
| 3169 | | - | 95.25 (1) a listing of the date and place of the hearing and the participants at the hearing; |
|---|
| 3170 | | - | 95.26 (2) a clear and precise statement of the issues, including the dispute under consideration |
|---|
| 3171 | | - | 95.27and the specific points which must be resolved in order to decide the case; |
|---|
| 3172 | | - | 95.28 (3) a listing of the material, including exhibits, records, reports, placed into evidence at |
|---|
| 3173 | | - | 95.29the hearing, and upon which the hearing decision is based; |
|---|
| 3174 | | - | 95.30 (4) the findings of fact based upon the entire hearing record. The findings of fact must |
|---|
| 3175 | | - | 95.31be adequate to inform the participants and any interested person in the public of the basis |
|---|
| 3176 | | - | 95.32of the decision. If the evidence is in conflict on an issue which must be resolved, the findings |
|---|
| 3177 | | - | 95.33of fact must state the reasoning used in resolving the conflict; |
|---|
| 3178 | | - | 95Article 3 Sec. 66. |
|---|
| 3179 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 96.1 (5) conclusions of law that address the legal authority for the hearing and the ruling, and |
|---|
| 3180 | | - | 96.2which give appropriate attention to the claims of the participants to the hearing; |
|---|
| 3181 | | - | 96.3 (6) a clear and precise statement of the decision made resolving the dispute under |
|---|
| 3182 | | - | 96.4consideration in the hearing; and |
|---|
| 3183 | | - | 96.5 (7) written notice of the right to appeal to district court or to request reconsideration, |
|---|
| 3184 | | - | 96.6and of the actions required and the time limits for taking appropriate action to appeal to |
|---|
| 3185 | | - | 96.7district court or to request a reconsideration. |
|---|
| 3186 | | - | 96.8 (c) The human services judge shall not independently investigate facts or otherwise rely |
|---|
| 3187 | | - | 96.9on information not presented at the hearing. The human services judge may not contact |
|---|
| 3188 | | - | 96.10other agency personnel, except as provided in subdivision 18. The human services judge's |
|---|
| 3189 | | - | 96.11recommended decision must be based exclusively on the testimony and evidence presented |
|---|
| 3190 | | - | 96.12at the hearing, and legal arguments presented, and the human services judge's research and |
|---|
| 3191 | | - | 96.13knowledge of the law. |
|---|
| 3192 | | - | 96.14 (d) The applicable commissioner will or executive board must review the recommended |
|---|
| 3193 | | - | 96.15decision and accept or refuse to accept the decision according to section 142A.20, subdivision |
|---|
| 3194 | | - | 96.163, or 256.045, subdivision 5 or 5a. |
|---|
| 3195 | | - | 96.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3196 | | - | 96.18Sec. 67. Minnesota Statutes 2024, section 256.0451, subdivision 23, is amended to read: |
|---|
| 3197 | | - | 96.19 Subd. 23.Refusal to accept recommended orders.(a) If the applicable commissioner |
|---|
| 3198 | | - | 96.20or executive board refuses to accept the recommended order from the human services judge, |
|---|
| 3199 | | - | 96.21the person involved, the person's attorney or authorized representative, and the agency shall |
|---|
| 3200 | | - | 96.22be sent a copy of the recommended order, a detailed explanation of the basis for refusing |
|---|
| 3201 | | - | 96.23to accept the recommended order, and the proposed modified order. |
|---|
| 3202 | | - | 96.24 (b) The person involved and the agency shall have at least ten business days to respond |
|---|
| 3203 | | - | 96.25to the proposed modification of the recommended order. The person involved and the agency |
|---|
| 3204 | | - | 96.26may submit a legal argument concerning the proposed modification, and may propose to |
|---|
| 3205 | | - | 96.27submit additional evidence that relates to the proposed modified order. |
|---|
| 3206 | | - | 96.28 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3207 | | - | 96.29Sec. 68. Minnesota Statutes 2024, section 256.0451, subdivision 24, is amended to read: |
|---|
| 3208 | | - | 96.30 Subd. 24.Reconsideration.(a) Reconsideration may be requested within 30 days of |
|---|
| 3209 | | - | 96.31the date of the applicable commissioner's or executive board's final order. If reconsideration |
|---|
| 3210 | | - | 96Article 3 Sec. 68. |
|---|
| 3211 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 97.1is requested under section 142A.20, subdivision 3, or 256.045, subdivision 5 or 5a, the other |
|---|
| 3212 | | - | 97.2participants in the appeal shall be informed of the request. The person seeking reconsideration |
|---|
| 3213 | | - | 97.3has the burden to demonstrate why the matter should be reconsidered. The request for |
|---|
| 3214 | | - | 97.4reconsideration may include legal argument and may include proposed additional evidence |
|---|
| 3215 | | - | 97.5supporting the request. The other participants shall be sent a copy of all material submitted |
|---|
| 3216 | | - | 97.6in support of the request for reconsideration and must be given ten days to respond. |
|---|
| 3217 | | - | 97.7 (b) When the requesting party raises a question as to the appropriateness of the findings |
|---|
| 3218 | | - | 97.8of fact, the applicable commissioner or executive board shall review the entire record. |
|---|
| 3219 | | - | 97.9 (c) When the requesting party questions the appropriateness of a conclusion of law, the |
|---|
| 3220 | | - | 97.10applicable commissioner or executive board shall consider the recommended decision, the |
|---|
| 3221 | | - | 97.11decision under reconsideration, and the material submitted in connection with the |
|---|
| 3222 | | - | 97.12reconsideration. The applicable commissioner or executive board shall review the remaining |
|---|
| 3223 | | - | 97.13record as necessary to issue a reconsidered decision. |
|---|
| 3224 | | - | 97.14 (d) The applicable commissioner or executive board shall issue a written decision on |
|---|
| 3225 | | - | 97.15reconsideration in a timely fashion. The decision must clearly inform the parties that this |
|---|
| 3226 | | - | 97.16constitutes the final administrative decision, advise the participants of the right to seek |
|---|
| 3227 | | - | 97.17judicial review, and the deadline for doing so. |
|---|
| 3228 | | - | 97.18 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3229 | | - | 97.19Sec. 69. Minnesota Statutes 2024, section 256.4825, is amended to read: |
|---|
| 3230 | | - | 97.20 256.4825 REPORT REGARDING PROGRAMS AND SERVICES FOR PEOPLE |
|---|
| 3231 | | - | 97.21WITH DISABILITIES. |
|---|
| 3232 | | - | 97.22 The Minnesota State Council on Disability, the Minnesota Consortium for Citizens with |
|---|
| 3233 | | - | 97.23Disabilities, and the Arc of Minnesota may submit an annual report by January 15 of each |
|---|
| 3234 | | - | 97.24year, beginning in 2012, to the chairs and ranking minority members of the legislative |
|---|
| 3235 | | - | 97.25committees with jurisdiction over programs serving people with disabilities as provided in |
|---|
| 3236 | | - | 97.26this section. The report must describe the existing state policies and goals for programs |
|---|
| 3237 | | - | 97.27serving people with disabilities including, but not limited to, programs for employment, |
|---|
| 3238 | | - | 97.28transportation, housing, education, quality assurance, consumer direction, physical and |
|---|
| 3239 | | - | 97.29programmatic access, and health. The report must provide data and measurements to assess |
|---|
| 3240 | | - | 97.30the extent to which the policies and goals are being met. The commissioner of human |
|---|
| 3241 | | - | 97.31services, the Direct Care and Treatment executive board, and the commissioners of other |
|---|
| 3242 | | - | 97.32state agencies administering programs for people with disabilities shall cooperate with the |
|---|
| 3243 | | - | 97.33Minnesota State Council on Disability, the Minnesota Consortium for Citizens with |
|---|
| 3244 | | - | 97Article 3 Sec. 69. |
|---|
| 3245 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 98.1Disabilities, and the Arc of Minnesota and provide those organizations with existing |
|---|
| 3246 | | - | 98.2published information and reports that will assist in the preparation of the report. |
|---|
| 3247 | | - | 98.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3248 | | - | 98.4 Sec. 70. Minnesota Statutes 2024, section 256.93, subdivision 1, is amended to read: |
|---|
| 3249 | | - | 98.5 Subdivision 1.Limitations.In any case where the guardianship of any child with a |
|---|
| 3250 | | - | 98.6developmental disability or who is disabled, dependent, neglected or delinquent, or a child |
|---|
| 3251 | | - | 98.7born to a mother who was not married to the child's father when the child was conceived |
|---|
| 3252 | | - | 98.8nor when the child was born, has been committed appointed to the commissioner of human |
|---|
| 3253 | | - | 98.9services, and in any case where the guardianship of any person with a developmental |
|---|
| 3254 | | - | 98.10disability has been committed appointed to the commissioner of human services, the court |
|---|
| 3255 | | - | 98.11having jurisdiction of the estate may on such notice as the court may direct, authorize the |
|---|
| 3256 | | - | 98.12commissioner to take possession of the personal property in the estate, liquidate it, and hold |
|---|
| 3257 | | - | 98.13the proceeds in trust for the ward, to be invested, expended and accounted for as provided |
|---|
| 3258 | | - | 98.14by sections 256.88 to 256.92. |
|---|
| 3259 | | - | 98.15 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3260 | | - | 98.16Sec. 71. Minnesota Statutes 2024, section 256.98, subdivision 7, is amended to read: |
|---|
| 3261 | | - | 98.17 Subd. 7.Division of recovered amounts.Except for recoveries under chapter 142E, if |
|---|
| 3262 | | - | 98.18the state is responsible for the recovery, the amounts recovered shall be paid to the appropriate |
|---|
| 3263 | | - | 98.19units of government. If the recovery is directly attributable to a county, the county may |
|---|
| 3264 | | - | 98.20retain one-half of the nonfederal share of any recovery from a recipient or the recipient's |
|---|
| 3265 | | - | 98.21estate. |
|---|
| 3266 | | - | 98.22 This subdivision does not apply to recoveries from medical providers or to recoveries |
|---|
| 3267 | | - | 98.23involving the Department of Human services, Services' Surveillance and Utilization Review |
|---|
| 3268 | | - | 98.24Division, state hospital collections unit, and the Benefit Recoveries Division or the Direct |
|---|
| 3269 | | - | 98.25Care and Treatment State Hospital Collections Unit. |
|---|
| 3270 | | - | 98.26 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3271 | | - | 98.27Sec. 72. Minnesota Statutes 2024, section 256B.092, subdivision 10, is amended to read: |
|---|
| 3272 | | - | 98.28 Subd. 10.Admission of persons to and discharge of persons from regional treatment |
|---|
| 3273 | | - | 98.29centers.(a) Prior to the admission of a person to a regional treatment center program for |
|---|
| 3274 | | - | 98.30persons with developmental disabilities, the case manager shall make efforts to secure |
|---|
| 3275 | | - | 98.31community-based alternatives. If these alternatives are rejected by the person, the person's |
|---|
| 3276 | | - | 98Article 3 Sec. 72. |
|---|
| 3277 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 99.1legal guardian or conservator, or the county agency in favor of a regional treatment center |
|---|
| 3278 | | - | 99.2placement, the case manager shall document the reasons why the alternatives were rejected. |
|---|
| 3279 | | - | 99.3 (b) Assessment and support planning must be completed in accordance with requirements |
|---|
| 3280 | | - | 99.4identified in section 256B.0911. |
|---|
| 3281 | | - | 99.5 (c) No discharge shall take place until disputes are resolved under section 256.045, |
|---|
| 3282 | | - | 99.6subdivision 4a, or until a review by the commissioner Direct Care and Treatment executive |
|---|
| 3283 | | - | 99.7board is completed upon request of the chief executive officer or program director of the |
|---|
| 3284 | | - | 99.8regional treatment center, or the county agency. For persons under public guardianship, the |
|---|
| 3285 | | - | 99.9ombudsman may request a review or hearing under section 256.045. |
|---|
| 3286 | | - | 99.10 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3287 | | - | 99.11Sec. 73. Minnesota Statutes 2024, section 256G.09, subdivision 4, is amended to read: |
|---|
| 3288 | | - | 99.12 Subd. 4.Appeals.A local agency that is aggrieved by the order of the a department or |
|---|
| 3289 | | - | 99.13the executive board may appeal the opinion to the district court of the county responsible |
|---|
| 3290 | | - | 99.14for furnishing assistance or services by serving a written copy of a notice of appeal on the |
|---|
| 3291 | | - | 99.15a commissioner or the executive board and any adverse party of record within 30 days after |
|---|
| 3292 | | - | 99.16the date the department issued the opinion, and by filing the original notice and proof of |
|---|
| 3293 | | - | 99.17service with the court administrator of district court. Service may be made personally or by |
|---|
| 3294 | | - | 99.18mail. Service by mail is complete upon mailing. |
|---|
| 3295 | | - | 99.19 The A commissioner or the executive board may elect to become a party to the |
|---|
| 3296 | | - | 99.20proceedings in district court. The court may consider the matter in or out of chambers and |
|---|
| 3297 | | - | 99.21shall take no new or additional evidence. |
|---|
| 3298 | | - | 99.22 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3299 | | - | 99.23Sec. 74. Minnesota Statutes 2024, section 256G.09, subdivision 5, is amended to read: |
|---|
| 3300 | | - | 99.24 Subd. 5.Payment pending appeal.After the a department or the executive board issues |
|---|
| 3301 | | - | 99.25an opinion in any submission under this section, the service or assistance covered by the |
|---|
| 3302 | | - | 99.26submission must be provided or paid pending or during an appeal to the district court. |
|---|
| 3303 | | - | 99.27 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3304 | | - | 99.28Sec. 75. Minnesota Statutes 2024, section 299F.77, subdivision 2, is amended to read: |
|---|
| 3305 | | - | 99.29 Subd. 2.Background check.(a) For licenses issued by the commissioner under section |
|---|
| 3306 | | - | 99.30299F.73, the applicant for licensure must provide the commissioner with all of the |
|---|
| 3307 | | - | 99.31information required by Code of Federal Regulations, title 28, section 25.7. The commissioner |
|---|
| 3308 | | - | 99Article 3 Sec. 75. |
|---|
| 3309 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 100.1shall forward the information to the superintendent of the Bureau of Criminal Apprehension |
|---|
| 3310 | | - | 100.2so that criminal records, histories, and warrant information on the applicant can be retrieved |
|---|
| 3311 | | - | 100.3from the Minnesota Crime Information System and the National Instant Criminal Background |
|---|
| 3312 | | - | 100.4Check System, as well as the civil commitment records maintained by the Department of |
|---|
| 3313 | | - | 100.5Human Services Direct Care and Treatment. The results must be returned to the commissioner |
|---|
| 3314 | | - | 100.6to determine if the individual applicant is qualified to receive a license. |
|---|
| 3315 | | - | 100.7 (b) For permits issued by a county sheriff or chief of police under section 299F.75, the |
|---|
| 3316 | | - | 100.8applicant for a permit must provide the county sheriff or chief of police with all of the |
|---|
| 3317 | | - | 100.9information required by Code of Federal Regulations, title 28, section 25.7. The county |
|---|
| 3318 | | - | 100.10sheriff or chief of police must check, by means of electronic data transfer, criminal records, |
|---|
| 3319 | | - | 100.11histories, and warrant information on each applicant through the Minnesota Crime |
|---|
| 3320 | | - | 100.12Information System and the National Instant Criminal Background Check System, as well |
|---|
| 3321 | | - | 100.13as the civil commitment records maintained by the Department of Human Services Direct |
|---|
| 3322 | | - | 100.14Care and Treatment. The county sheriff or chief of police shall use the results of the query |
|---|
| 3323 | | - | 100.15to determine if the individual applicant is qualified to receive a permit. |
|---|
| 3324 | | - | 100.16 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3325 | | - | 100.17Sec. 76. Minnesota Statutes 2024, section 342.04, is amended to read: |
|---|
| 3326 | | - | 100.18 342.04 STUDIES; REPORTS. |
|---|
| 3327 | | - | 100.19 (a) The office shall conduct a study to determine the expected size and growth of the |
|---|
| 3328 | | - | 100.20regulated cannabis industry and hemp consumer industry, including an estimate of the |
|---|
| 3329 | | - | 100.21demand for cannabis flower and cannabis products, the number and geographic distribution |
|---|
| 3330 | | - | 100.22of cannabis businesses needed to meet that demand, and the anticipated business from |
|---|
| 3331 | | - | 100.23residents of other states. |
|---|
| 3332 | | - | 100.24 (b) The office shall conduct a study to determine the size of the illicit cannabis market, |
|---|
| 3333 | | - | 100.25the sources of illicit cannabis flower and illicit cannabis products in the state, the locations |
|---|
| 3334 | | - | 100.26of citations issued and arrests made for cannabis offenses, and the subareas, such as census |
|---|
| 3335 | | - | 100.27tracts or neighborhoods, that experience a disproportionately large amount of cannabis |
|---|
| 3336 | | - | 100.28enforcement. |
|---|
| 3337 | | - | 100.29 (c) The office shall conduct a study on impaired driving to determine: |
|---|
| 3338 | | - | 100.30 (1) the number of accidents involving one or more drivers who admitted to using cannabis |
|---|
| 3339 | | - | 100.31flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, |
|---|
| 3340 | | - | 100.32or who tested positive for cannabis or tetrahydrocannabinol; |
|---|
| 3341 | | - | 100Article 3 Sec. 76. |
|---|
| 3342 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 101.1 (2) the number of arrests of individuals for impaired driving in which the individual |
|---|
| 3343 | | - | 101.2tested positive for cannabis or tetrahydrocannabinol; and |
|---|
| 3344 | | - | 101.3 (3) the number of convictions for driving under the influence of cannabis flower, cannabis |
|---|
| 3345 | | - | 101.4products, lower-potency hemp edibles, hemp-derived consumer products, or |
|---|
| 3346 | | - | 101.5tetrahydrocannabinol. |
|---|
| 3347 | | - | 101.6 (d) The office shall provide preliminary reports on the studies conducted pursuant to |
|---|
| 3348 | | - | 101.7paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports |
|---|
| 3349 | | - | 101.8to the legislature by January 15, 2025. The reports may be consolidated into a single report |
|---|
| 3350 | | - | 101.9by the office. |
|---|
| 3351 | | - | 101.10 (e) The office shall collect existing data from the Department of Human Services, |
|---|
| 3352 | | - | 101.11Department of Health, Direct Care and Treatment, Minnesota state courts, and hospitals |
|---|
| 3353 | | - | 101.12licensed under chapter 144 on the utilization of mental health and substance use disorder |
|---|
| 3354 | | - | 101.13services, emergency room visits, and commitments to identify any increase in the services |
|---|
| 3355 | | - | 101.14provided or any increase in the number of visits or commitments. The office shall also obtain |
|---|
| 3356 | | - | 101.15summary data from existing first episode psychosis programs on the number of persons |
|---|
| 3357 | | - | 101.16served by the programs and number of persons on the waiting list. All information collected |
|---|
| 3358 | | - | 101.17by the office under this paragraph shall be included in the report required under paragraph |
|---|
| 3359 | | - | 101.18(f). |
|---|
| 3360 | | - | 101.19 (f) The office shall conduct an annual market analysis on the status of the regulated |
|---|
| 3361 | | - | 101.20cannabis industry and submit a report of the findings. The office shall submit the report by |
|---|
| 3362 | | - | 101.21January 15, 2025, and each January 15 thereafter and the report may be combined with the |
|---|
| 3363 | | - | 101.22annual report submitted by the office. The process of completing the market analysis must |
|---|
| 3364 | | - | 101.23include holding public meetings to solicit the input of consumers, market stakeholders, and |
|---|
| 3365 | | - | 101.24potential new applicants and must include an assessment as to whether the office has issued |
|---|
| 3366 | | - | 101.25the necessary number of licenses in order to: |
|---|
| 3367 | | - | 101.26 (1) ensure the sufficient supply of cannabis flower and cannabis products to meet demand; |
|---|
| 3368 | | - | 101.27 (2) provide market stability; |
|---|
| 3369 | | - | 101.28 (3) ensure a competitive market; and |
|---|
| 3370 | | - | 101.29 (4) limit the sale of unregulated cannabis flower and cannabis products. |
|---|
| 3371 | | - | 101.30 (g) The office shall submit an annual report to the legislature by January 15, 2024, and |
|---|
| 3372 | | - | 101.31each January 15 thereafter. The annual report shall include but not be limited to the following: |
|---|
| 3373 | | - | 101.32 (1) the status of the regulated cannabis industry; |
|---|
| 3374 | | - | 101Article 3 Sec. 76. |
|---|
| 3375 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 102.1 (2) the status of the illicit cannabis market and hemp consumer industry; |
|---|
| 3376 | | - | 102.2 (3) the number of accidents, arrests, and convictions involving drivers who admitted to |
|---|
| 3377 | | - | 102.3using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived |
|---|
| 3378 | | - | 102.4consumer products or who tested positive for cannabis or tetrahydrocannabinol; |
|---|
| 3379 | | - | 102.5 (4) the change in potency, if any, of cannabis flower and cannabis products available |
|---|
| 3380 | | - | 102.6through the regulated market; |
|---|
| 3381 | | - | 102.7 (5) progress on providing opportunities to individuals and communities that experienced |
|---|
| 3382 | | - | 102.8a disproportionate, negative impact from cannabis prohibition, including but not limited to |
|---|
| 3383 | | - | 102.9providing relief from criminal convictions and increasing economic opportunities; |
|---|
| 3384 | | - | 102.10 (6) the status of racial and geographic diversity in the cannabis industry; |
|---|
| 3385 | | - | 102.11 (7) proposed legislative changes, including but not limited to recommendations to |
|---|
| 3386 | | - | 102.12streamline licensing systems and related administrative processes; |
|---|
| 3387 | | - | 102.13 (8) information on the adverse effects of second-hand smoke from any cannabis flower, |
|---|
| 3388 | | - | 102.14cannabis products, and hemp-derived consumer products that are consumed by the |
|---|
| 3389 | | - | 102.15combustion or vaporization of the product and the inhalation of smoke, aerosol, or vapor |
|---|
| 3390 | | - | 102.16from the product; and |
|---|
| 3391 | | - | 102.17 (9) recommendations for the levels of funding for: |
|---|
| 3392 | | - | 102.18 (i) a coordinated education program to address and raise public awareness about the top |
|---|
| 3393 | | - | 102.19three adverse health effects, as determined by the commissioner of health, associated with |
|---|
| 3394 | | - | 102.20the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived |
|---|
| 3395 | | - | 102.21consumer products by individuals under 21 years of age; |
|---|
| 3396 | | - | 102.22 (ii) a coordinated education program to educate pregnant individuals, breastfeeding |
|---|
| 3397 | | - | 102.23individuals, and individuals who may become pregnant on the adverse health effects of |
|---|
| 3398 | | - | 102.24cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
|---|
| 3399 | | - | 102.25products; |
|---|
| 3400 | | - | 102.26 (iii) training, technical assistance, and educational materials for home visiting programs, |
|---|
| 3401 | | - | 102.27Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of |
|---|
| 3402 | | - | 102.28cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
|---|
| 3403 | | - | 102.29products in homes with infants and young children; |
|---|
| 3404 | | - | 102.30 (iv) model programs to educate middle school and high school students on the health |
|---|
| 3405 | | - | 102.31effects on children and adolescents of the use of cannabis flower, cannabis products, |
|---|
| 3406 | | - | 102Article 3 Sec. 76. |
|---|
| 3407 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 103.1lower-potency hemp edibles, hemp-derived consumer products, and other intoxicating or |
|---|
| 3408 | | - | 103.2controlled substances; |
|---|
| 3409 | | - | 103.3 (v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow |
|---|
| 3410 | | - | 103.4programs; |
|---|
| 3411 | | - | 103.5 (vi) grants to organizations for community development in social equity communities |
|---|
| 3412 | | - | 103.6through the CanRenew program; |
|---|
| 3413 | | - | 103.7 (vii) training of peace officers and law enforcement agencies on changes to laws involving |
|---|
| 3414 | | - | 103.8cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
|---|
| 3415 | | - | 103.9products and the law's impact on searches and seizures; |
|---|
| 3416 | | - | 103.10 (viii) training of peace officers to increase the number of drug recognition experts; |
|---|
| 3417 | | - | 103.11 (ix) training of peace officers on the cultural uses of sage and distinguishing use of sage |
|---|
| 3418 | | - | 103.12from the use of cannabis flower, including whether the Board of Peace Officer Standards |
|---|
| 3419 | | - | 103.13and Training should approve or develop training materials; |
|---|
| 3420 | | - | 103.14 (x) the retirement and replacement of drug detection canines; and |
|---|
| 3421 | | - | 103.15 (xi) the Department of Human Services and county social service agencies to address |
|---|
| 3422 | | - | 103.16any increase in demand for services. |
|---|
| 3423 | | - | 103.17 (g) In developing the recommended funding levels under paragraph (f), clause (9), items |
|---|
| 3424 | | - | 103.18(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota |
|---|
| 3425 | | - | 103.19Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota |
|---|
| 3426 | | - | 103.20Cities, the Association of Minnesota Counties, and county social services agencies. |
|---|
| 3427 | | - | 103.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3428 | | - | 103.22Sec. 77. Minnesota Statutes 2024, section 352.91, subdivision 3f, is amended to read: |
|---|
| 3429 | | - | 103.23 Subd. 3f.Additional Direct Care and Treatment personnel.(a) "Covered correctional |
|---|
| 3430 | | - | 103.24service" means service by a state employee in one of the employment positions specified |
|---|
| 3431 | | - | 103.25in paragraph (b) in the state-operated forensic services program or the Minnesota Sex |
|---|
| 3432 | | - | 103.26Offender Program if at least 75 percent of the employee's working time is spent in direct |
|---|
| 3433 | | - | 103.27contact with patients and the determination of this direct contact is certified to the executive |
|---|
| 3434 | | - | 103.28director by the commissioner of human services or Direct Care and Treatment executive |
|---|
| 3435 | | - | 103.29board. |
|---|
| 3436 | | - | 103.30 (b) The employment positions are: |
|---|
| 3437 | | - | 103.31 (1) baker; |
|---|
| 3438 | | - | 103Article 3 Sec. 77. |
|---|
| 3439 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 104.1 (2) behavior analyst 2; |
|---|
| 3440 | | - | 104.2 (3) behavior analyst 3; |
|---|
| 3441 | | - | 104.3 (4) certified occupational therapy assistant 1; |
|---|
| 3442 | | - | 104.4 (5) certified occupational therapy assistant 2; |
|---|
| 3443 | | - | 104.5 (6) client advocate; |
|---|
| 3444 | | - | 104.6 (7) clinical program therapist 2; |
|---|
| 3445 | | - | 104.7 (8) clinical program therapist 3; |
|---|
| 3446 | | - | 104.8 (9) clinical program therapist 4; |
|---|
| 3447 | | - | 104.9 (10) cook; |
|---|
| 3448 | | - | 104.10 (11) culinary supervisor; |
|---|
| 3449 | | - | 104.11 (12) customer services specialist principal; |
|---|
| 3450 | | - | 104.12 (13) dental assistant registered; |
|---|
| 3451 | | - | 104.13 (14) dental hygienist; |
|---|
| 3452 | | - | 104.14 (15) food service worker; |
|---|
| 3453 | | - | 104.15 (16) food services supervisor; |
|---|
| 3454 | | - | 104.16 (17) group supervisor; |
|---|
| 3455 | | - | 104.17 (18) group supervisor assistant; |
|---|
| 3456 | | - | 104.18 (19) human services support specialist; |
|---|
| 3457 | | - | 104.19 (20) licensed alcohol and drug counselor; |
|---|
| 3458 | | - | 104.20 (21) licensed practical nurse; |
|---|
| 3459 | | - | 104.21 (22) management analyst 3; |
|---|
| 3460 | | - | 104.22 (23) music therapist; |
|---|
| 3461 | | - | 104.23 (24) occupational therapist; |
|---|
| 3462 | | - | 104.24 (25) occupational therapist, senior; |
|---|
| 3463 | | - | 104.25 (26) physical therapist; |
|---|
| 3464 | | - | 104.26 (27) psychologist 1; |
|---|
| 3465 | | - | 104.27 (28) psychologist 2; |
|---|
| 3466 | | - | 104Article 3 Sec. 77. |
|---|
| 3467 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 105.1 (29) psychologist 3; |
|---|
| 3468 | | - | 105.2 (30) recreation program assistant; |
|---|
| 3469 | | - | 105.3 (31) recreation therapist lead; |
|---|
| 3470 | | - | 105.4 (32) recreation therapist senior; |
|---|
| 3471 | | - | 105.5 (33) rehabilitation counselor senior; |
|---|
| 3472 | | - | 105.6 (34) residential program lead; |
|---|
| 3473 | | - | 105.7 (35) security supervisor; |
|---|
| 3474 | | - | 105.8 (36) skills development specialist; |
|---|
| 3475 | | - | 105.9 (37) social worker senior; |
|---|
| 3476 | | - | 105.10 (38) social worker specialist; |
|---|
| 3477 | | - | 105.11 (39) social worker specialist, senior; |
|---|
| 3478 | | - | 105.12 (40) special education program assistant; |
|---|
| 3479 | | - | 105.13 (41) speech pathology clinician; |
|---|
| 3480 | | - | 105.14 (42) substance use disorder counselor senior; |
|---|
| 3481 | | - | 105.15 (43) work therapy assistant; and |
|---|
| 3482 | | - | 105.16 (44) work therapy program coordinator. |
|---|
| 3483 | | - | 105.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3484 | | - | 105.18Sec. 78. Minnesota Statutes 2024, section 401.17, subdivision 1, is amended to read: |
|---|
| 3485 | | - | 105.19 Subdivision 1.Establishment; members.(a) The commissioner must establish a |
|---|
| 3486 | | - | 105.20Community Supervision Advisory Committee to develop and make recommendations to |
|---|
| 3487 | | - | 105.21the commissioner on standards for probation, supervised release, and community supervision. |
|---|
| 3488 | | - | 105.22The committee consists of 19 members as follows: |
|---|
| 3489 | | - | 105.23 (1) two directors appointed by the Minnesota Association of Community Corrections |
|---|
| 3490 | | - | 105.24Act Counties; |
|---|
| 3491 | | - | 105.25 (2) two probation directors appointed by the Minnesota Association of County Probation |
|---|
| 3492 | | - | 105.26Officers; |
|---|
| 3493 | | - | 105.27 (3) three county commissioner representatives appointed by the Association of Minnesota |
|---|
| 3494 | | - | 105.28Counties; |
|---|
| 3495 | | - | 105Article 3 Sec. 78. |
|---|
| 3496 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 106.1 (4) two behavioral health, treatment, or programming providers who work directly with |
|---|
| 3497 | | - | 106.2individuals on correctional supervision, one appointed by the Department of Human Services |
|---|
| 3498 | | - | 106.3Department of Corrections and one appointed by the Minnesota Association of County |
|---|
| 3499 | | - | 106.4Social Service Administrators; |
|---|
| 3500 | | - | 106.5 (5) two representatives appointed by the Minnesota Indian Affairs Council; |
|---|
| 3501 | | - | 106.6 (6) two commissioner-appointed representatives from the Department of Corrections; |
|---|
| 3502 | | - | 106.7 (7) the chair of the statewide Evidence-Based Practice Advisory Committee; |
|---|
| 3503 | | - | 106.8 (8) three individuals who have been supervised, either individually or collectively, under |
|---|
| 3504 | | - | 106.9each of the state's three community supervision delivery systems appointed by the |
|---|
| 3505 | | - | 106.10commissioner in consultation with the Minnesota Association of County Probation Officers |
|---|
| 3506 | | - | 106.11and the Minnesota Association of Community Corrections Act Counties; |
|---|
| 3507 | | - | 106.12 (9) an advocate for victims of crime appointed by the commissioner; and |
|---|
| 3508 | | - | 106.13 (10) a representative from a community-based research and advocacy entity appointed |
|---|
| 3509 | | - | 106.14by the commissioner. |
|---|
| 3510 | | - | 106.15 (b) When an appointing authority selects an individual for membership on the committee, |
|---|
| 3511 | | - | 106.16the authority must make reasonable efforts to reflect geographic diversity and to appoint |
|---|
| 3512 | | - | 106.17qualified members of protected groups, as defined under section 43A.02, subdivision 33. |
|---|
| 3513 | | - | 106.18 (c) Chapter 15 applies to the extent consistent with this section. |
|---|
| 3514 | | - | 106.19 (d) The commissioner must convene the first meeting of the committee on or before |
|---|
| 3515 | | - | 106.20October 1, 2023. |
|---|
| 3516 | | - | 106.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3517 | | - | 106.22Sec. 79. Minnesota Statutes 2024, section 507.071, subdivision 1, is amended to read: |
|---|
| 3518 | | - | 106.23 Subdivision 1.Definitions.For the purposes of this section the following terms have |
|---|
| 3519 | | - | 106.24the meanings given: |
|---|
| 3520 | | - | 106.25 (a) "Beneficiary" or "grantee beneficiary" means a person or entity named as a grantee |
|---|
| 3521 | | - | 106.26beneficiary in a transfer on death deed, including a successor grantee beneficiary. |
|---|
| 3522 | | - | 106.27 (b) "County agency" means the county department or office designated to recover medical |
|---|
| 3523 | | - | 106.28assistance benefits from the estates of decedents. |
|---|
| 3524 | | - | 106.29 (c) "Grantor owner" means an owner, whether individually, as a joint tenant, or as a |
|---|
| 3525 | | - | 106.30tenant in common, named as a grantor in a transfer on death deed upon whose death the |
|---|
| 3526 | | - | 106.31conveyance or transfer of the described real property is conditioned. Grantor owner does |
|---|
| 3527 | | - | 106Article 3 Sec. 79. |
|---|
| 3528 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 107.1not include a spouse who joins in a transfer on death deed solely for the purpose of conveying |
|---|
| 3529 | | - | 107.2or releasing statutory or other marital interests in the real property to be conveyed or |
|---|
| 3530 | | - | 107.3transferred by the transfer on death deed. |
|---|
| 3531 | | - | 107.4 (d) "Owner" means a person having an ownership or other interest in all or part of the |
|---|
| 3532 | | - | 107.5real property to be conveyed or transferred by a transfer on death deed either at the time the |
|---|
| 3533 | | - | 107.6deed is executed or at the time the transfer becomes effective. Owner does not include a |
|---|
| 3534 | | - | 107.7spouse who joins in a transfer on death deed solely for the purpose of conveying or releasing |
|---|
| 3535 | | - | 107.8statutory or other marital interests in the real property to be conveyed or transferred by the |
|---|
| 3536 | | - | 107.9transfer on death deed. |
|---|
| 3537 | | - | 107.10 (e) "Property" and "interest in real property" mean any interest in real property located |
|---|
| 3538 | | - | 107.11in this state which is transferable on the death of the owner and includes, without limitation, |
|---|
| 3539 | | - | 107.12an interest in real property defined in chapter 500, a mortgage, a deed of trust, a security |
|---|
| 3540 | | - | 107.13interest in, or a security pledge of, an interest in real property, including the rights to |
|---|
| 3541 | | - | 107.14payments of the indebtedness secured by the security instrument, a judgment, a tax lien, |
|---|
| 3542 | | - | 107.15both the seller's and purchaser's interest in a contract for deed, land contract, purchase |
|---|
| 3543 | | - | 107.16agreement, or earnest money contract for the sale and purchase of real property, including |
|---|
| 3544 | | - | 107.17the rights to payments under such contracts, or any other lien on, or interest in, real property. |
|---|
| 3545 | | - | 107.18 (f) "Recorded" means recorded in the office of the county recorder or registrar of titles, |
|---|
| 3546 | | - | 107.19as appropriate for the real property described in the instrument to be recorded. |
|---|
| 3547 | | - | 107.20 (g) "State agency" means the Department of Human Services or any successor agency |
|---|
| 3548 | | - | 107.21or Direct Care and Treatment or any successor agency. |
|---|
| 3549 | | - | 107.22 (h) "Transfer on death deed" means a deed authorized under this section. |
|---|
| 3550 | | - | 107.23 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3551 | | - | 107.24Sec. 80. Minnesota Statutes 2024, section 611.57, subdivision 2, is amended to read: |
|---|
| 3552 | | - | 107.25 Subd. 2.Membership.(a) The Certification Advisory Committee consists of the |
|---|
| 3553 | | - | 107.26following members: |
|---|
| 3554 | | - | 107.27 (1) a mental health professional, as defined in section 245I.02, subdivision 27, with |
|---|
| 3555 | | - | 107.28community behavioral health experience, appointed by the governor; |
|---|
| 3556 | | - | 107.29 (2) a board-certified forensic psychiatrist with experience in competency evaluations, |
|---|
| 3557 | | - | 107.30providing competency attainment services, or both, appointed by the governor; |
|---|
| 3558 | | - | 107.31 (3) a board-certified forensic psychologist with experience in competency evaluations, |
|---|
| 3559 | | - | 107.32providing competency attainment services, or both, appointed by the governor; |
|---|
| 3560 | | - | 107Article 3 Sec. 80. |
|---|
| 3561 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 108.1 (4) the president of the Minnesota Corrections Association or a designee; |
|---|
| 3562 | | - | 108.2 (5) the Direct Care and Treatment deputy commissioner chief executive officer or a |
|---|
| 3563 | | - | 108.3designee; |
|---|
| 3564 | | - | 108.4 (6) the president of the Minnesota Association of County Social Service Administrators |
|---|
| 3565 | | - | 108.5or a designee; |
|---|
| 3566 | | - | 108.6 (7) the president of the Minnesota Association of Community Mental Health Providers |
|---|
| 3567 | | - | 108.7or a designee; |
|---|
| 3568 | | - | 108.8 (8) the president of the Minnesota Sheriffs' Association or a designee; and |
|---|
| 3569 | | - | 108.9 (9) the executive director of the National Alliance on Mental Illness Minnesota or a |
|---|
| 3570 | | - | 108.10designee. |
|---|
| 3571 | | - | 108.11 (b) Members of the advisory committee serve without compensation and at the pleasure |
|---|
| 3572 | | - | 108.12of the appointing authority. Vacancies shall be filled by the appointing authority consistent |
|---|
| 3573 | | - | 108.13with the qualifications of the vacating member required by this subdivision. |
|---|
| 3574 | | - | 108.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3575 | | - | 108.15Sec. 81. Minnesota Statutes 2024, section 611.57, subdivision 4, is amended to read: |
|---|
| 3576 | | - | 108.16 Subd. 4.Duties.The Certification Advisory Committee shall consult with the Department |
|---|
| 3577 | | - | 108.17of Human Services, the Department of Health, and the Department of Corrections, and |
|---|
| 3578 | | - | 108.18Direct Care and Treatment; make recommendations to the Minnesota Competency Attainment |
|---|
| 3579 | | - | 108.19Board regarding competency attainment curriculum, certification requirements for |
|---|
| 3580 | | - | 108.20competency attainment programs including jail-based programs, and certification of |
|---|
| 3581 | | - | 108.21individuals to provide competency attainment services; and provide information and |
|---|
| 3582 | | - | 108.22recommendations on other issues relevant to competency attainment as requested by the |
|---|
| 3583 | | - | 108.23board. |
|---|
| 3584 | | - | 108.24 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3585 | | - | 108.25Sec. 82. Minnesota Statutes 2024, section 624.7131, subdivision 1, is amended to read: |
|---|
| 3586 | | - | 108.26 Subdivision 1.Information.Any person may apply for a transferee permit by providing |
|---|
| 3587 | | - | 108.27the following information in writing to the chief of police of an organized full time police |
|---|
| 3588 | | - | 108.28department of the municipality in which the person resides or to the county sheriff if there |
|---|
| 3589 | | - | 108.29is no such local chief of police: |
|---|
| 3590 | | - | 108.30 (1) the name, residence, telephone number, and driver's license number or |
|---|
| 3591 | | - | 108.31nonqualification certificate number, if any, of the proposed transferee; |
|---|
| 3592 | | - | 108Article 3 Sec. 82. |
|---|
| 3593 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 109.1 (2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical |
|---|
| 3594 | | - | 109.2characteristics, if any, of the proposed transferee; |
|---|
| 3595 | | - | 109.3 (3) a statement that the proposed transferee authorizes the release to the local police |
|---|
| 3596 | | - | 109.4authority of commitment information about the proposed transferee maintained by the |
|---|
| 3597 | | - | 109.5commissioner of human services Direct Care and Treatment executive board, to the extent |
|---|
| 3598 | | - | 109.6that the information relates to the proposed transferee's eligibility to possess a pistol or |
|---|
| 3599 | | - | 109.7semiautomatic military-style assault weapon under section 624.713, subdivision 1; and |
|---|
| 3600 | | - | 109.8 (4) a statement by the proposed transferee that the proposed transferee is not prohibited |
|---|
| 3601 | | - | 109.9by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon. |
|---|
| 3602 | | - | 109.10 The statements shall be signed and dated by the person applying for a permit. At the |
|---|
| 3603 | | - | 109.11time of application, the local police authority shall provide the applicant with a dated receipt |
|---|
| 3604 | | - | 109.12for the application. The statement under clause (3) must comply with any applicable |
|---|
| 3605 | | - | 109.13requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect |
|---|
| 3606 | | - | 109.14to consent to disclosure of alcohol or drug abuse patient records. |
|---|
| 3607 | | - | 109.15 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3608 | | - | 109.16Sec. 83. Minnesota Statutes 2024, section 624.7131, subdivision 2, is amended to read: |
|---|
| 3609 | | - | 109.17 Subd. 2.Investigation.The chief of police or sheriff shall check criminal histories, |
|---|
| 3610 | | - | 109.18records and warrant information relating to the applicant through the Minnesota Crime |
|---|
| 3611 | | - | 109.19Information System, the national criminal record repository, and the National Instant Criminal |
|---|
| 3612 | | - | 109.20Background Check System. The chief of police or sheriff shall also make a reasonable effort |
|---|
| 3613 | | - | 109.21to check other available state and local record-keeping systems. The chief of police or sheriff |
|---|
| 3614 | | - | 109.22shall obtain commitment information from the commissioner of human services Direct Care |
|---|
| 3615 | | - | 109.23and Treatment executive board as provided in section 246C.15. |
|---|
| 3616 | | - | 109.24 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3617 | | - | 109.25Sec. 84. Minnesota Statutes 2024, section 624.7132, subdivision 1, is amended to read: |
|---|
| 3618 | | - | 109.26 Subdivision 1.Required information.Except as provided in this section and section |
|---|
| 3619 | | - | 109.27624.7131, every person who agrees to transfer a pistol or semiautomatic military-style |
|---|
| 3620 | | - | 109.28assault weapon shall report the following information in writing to the chief of police of |
|---|
| 3621 | | - | 109.29the organized full-time police department of the municipality where the proposed transferee |
|---|
| 3622 | | - | 109.30resides or to the appropriate county sheriff if there is no such local chief of police: |
|---|
| 3623 | | - | 109.31 (1) the name, residence, telephone number, and driver's license number or |
|---|
| 3624 | | - | 109.32nonqualification certificate number, if any, of the proposed transferee; |
|---|
| 3625 | | - | 109Article 3 Sec. 84. |
|---|
| 3626 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 110.1 (2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical |
|---|
| 3627 | | - | 110.2characteristics, if any, of the proposed transferee; |
|---|
| 3628 | | - | 110.3 (3) a statement that the proposed transferee authorizes the release to the local police |
|---|
| 3629 | | - | 110.4authority of commitment information about the proposed transferee maintained by the |
|---|
| 3630 | | - | 110.5commissioner of human services Direct Care and Treatment executive board, to the extent |
|---|
| 3631 | | - | 110.6that the information relates to the proposed transferee's eligibility to possess a pistol or |
|---|
| 3632 | | - | 110.7semiautomatic military-style assault weapon under section 624.713, subdivision 1; |
|---|
| 3633 | | - | 110.8 (4) a statement by the proposed transferee that the transferee is not prohibited by section |
|---|
| 3634 | | - | 110.9624.713 from possessing a pistol or semiautomatic military-style assault weapon; and |
|---|
| 3635 | | - | 110.10 (5) the address of the place of business of the transferor. |
|---|
| 3636 | | - | 110.11 The report shall be signed and dated by the transferor and the proposed transferee. The |
|---|
| 3637 | | - | 110.12report shall be delivered by the transferor to the chief of police or sheriff no later than three |
|---|
| 3638 | | - | 110.13days after the date of the agreement to transfer, excluding weekends and legal holidays. |
|---|
| 3639 | | - | 110.14The statement under clause (3) must comply with any applicable requirements of Code of |
|---|
| 3640 | | - | 110.15Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of |
|---|
| 3641 | | - | 110.16alcohol or drug abuse patient records. |
|---|
| 3642 | | - | 110.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3643 | | - | 110.18Sec. 85. Minnesota Statutes 2024, section 624.7132, subdivision 2, is amended to read: |
|---|
| 3644 | | - | 110.19 Subd. 2.Investigation.Upon receipt of a transfer report, the chief of police or sheriff |
|---|
| 3645 | | - | 110.20shall check criminal histories, records and warrant information relating to the proposed |
|---|
| 3646 | | - | 110.21transferee through the Minnesota Crime Information System, the national criminal record |
|---|
| 3647 | | - | 110.22repository, and the National Instant Criminal Background Check System. The chief of police |
|---|
| 3648 | | - | 110.23or sheriff shall also make a reasonable effort to check other available state and local |
|---|
| 3649 | | - | 110.24record-keeping systems. The chief of police or sheriff shall obtain commitment information |
|---|
| 3650 | | - | 110.25from the commissioner of human services Direct Care and Treatment executive board as |
|---|
| 3651 | | - | 110.26provided in section 246C.15. |
|---|
| 3652 | | - | 110.27 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3653 | | - | 110.28Sec. 86. Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read: |
|---|
| 3654 | | - | 110.29 Subd. 3.Form and contents of application.(a) Applications for permits to carry must |
|---|
| 3655 | | - | 110.30be an official, standardized application form, adopted under section 624.7151, and must set |
|---|
| 3656 | | - | 110.31forth in writing only the following information: |
|---|
| 3657 | | - | 110Article 3 Sec. 86. |
|---|
| 3658 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 111.1 (1) the applicant's name, residence, telephone number, if any, and driver's license number |
|---|
| 3659 | | - | 111.2or state identification card number; |
|---|
| 3660 | | - | 111.3 (2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and |
|---|
| 3661 | | - | 111.4distinguishing physical characteristics, if any; |
|---|
| 3662 | | - | 111.5 (3) the township or statutory city or home rule charter city, and county, of all Minnesota |
|---|
| 3663 | | - | 111.6residences of the applicant in the last five years, though not including specific addresses; |
|---|
| 3664 | | - | 111.7 (4) the township or city, county, and state of all non-Minnesota residences of the applicant |
|---|
| 3665 | | - | 111.8in the last five years, though not including specific addresses; |
|---|
| 3666 | | - | 111.9 (5) a statement that the applicant authorizes the release to the sheriff of commitment |
|---|
| 3667 | | - | 111.10information about the applicant maintained by the commissioner of human services Direct |
|---|
| 3668 | | - | 111.11Care and Treatment executive board or any similar agency or department of another state |
|---|
| 3669 | | - | 111.12where the applicant has resided, to the extent that the information relates to the applicant's |
|---|
| 3670 | | - | 111.13eligibility to possess a firearm; and |
|---|
| 3671 | | - | 111.14 (6) a statement by the applicant that, to the best of the applicant's knowledge and belief, |
|---|
| 3672 | | - | 111.15the applicant is not prohibited by law from possessing a firearm. |
|---|
| 3673 | | - | 111.16 (b) The statement under paragraph (a), clause (5), must comply with any applicable |
|---|
| 3674 | | - | 111.17requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect |
|---|
| 3675 | | - | 111.18to consent to disclosure of alcohol or drug abuse patient records. |
|---|
| 3676 | | - | 111.19 (c) An applicant must submit to the sheriff an application packet consisting only of the |
|---|
| 3677 | | - | 111.20following items: |
|---|
| 3678 | | - | 111.21 (1) a completed application form, signed and dated by the applicant; |
|---|
| 3679 | | - | 111.22 (2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c), |
|---|
| 3680 | | - | 111.23that is submitted as the applicant's evidence of training in the safe use of a pistol; and |
|---|
| 3681 | | - | 111.24 (3) an accurate photocopy of the applicant's current driver's license, state identification |
|---|
| 3682 | | - | 111.25card, or the photo page of the applicant's passport. |
|---|
| 3683 | | - | 111.26 (d) In addition to the other application materials, a person who is otherwise ineligible |
|---|
| 3684 | | - | 111.27for a permit due to a criminal conviction but who has obtained a pardon or expungement |
|---|
| 3685 | | - | 111.28setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights, |
|---|
| 3686 | | - | 111.29must submit a copy of the relevant order. |
|---|
| 3687 | | - | 111.30 (e) Applications must be submitted in person. |
|---|
| 3688 | | - | 111.31 (f) The sheriff may charge a new application processing fee in an amount not to exceed |
|---|
| 3689 | | - | 111.32the actual and reasonable direct cost of processing the application or $100, whichever is |
|---|
| 3690 | | - | 111Article 3 Sec. 86. |
|---|
| 3691 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 112.1less. Of this amount, $10 must be submitted to the commissioner and deposited into the |
|---|
| 3692 | | - | 112.2general fund. |
|---|
| 3693 | | - | 112.3 (g) This subdivision prescribes the complete and exclusive set of items an applicant is |
|---|
| 3694 | | - | 112.4required to submit in order to apply for a new or renewal permit to carry. The applicant |
|---|
| 3695 | | - | 112.5must not be asked or required to submit, voluntarily or involuntarily, any information, fees, |
|---|
| 3696 | | - | 112.6or documentation beyond that specifically required by this subdivision. This paragraph does |
|---|
| 3697 | | - | 112.7not apply to alternate training evidence accepted by the sheriff under subdivision 2a, |
|---|
| 3698 | | - | 112.8paragraph (d). |
|---|
| 3699 | | - | 112.9 (h) Forms for new and renewal applications must be available at all sheriffs' offices and |
|---|
| 3700 | | - | 112.10the commissioner must make the forms available on the Internet. |
|---|
| 3701 | | - | 112.11 (i) Application forms must clearly display a notice that a permit, if granted, is void and |
|---|
| 3702 | | - | 112.12must be immediately returned to the sheriff if the permit holder is or becomes prohibited |
|---|
| 3703 | | - | 112.13by law from possessing a firearm. The notice must list the applicable state criminal offenses |
|---|
| 3704 | | - | 112.14and civil categories that prohibit a person from possessing a firearm. |
|---|
| 3705 | | - | 112.15 (j) Upon receipt of an application packet and any required fee, the sheriff must provide |
|---|
| 3706 | | - | 112.16a signed receipt indicating the date of submission. |
|---|
| 3707 | | - | 112.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3708 | | - | 112.18Sec. 87. Minnesota Statutes 2024, section 624.714, subdivision 4, is amended to read: |
|---|
| 3709 | | - | 112.19 Subd. 4.Investigation.(a) The sheriff must check, by means of electronic data transfer, |
|---|
| 3710 | | - | 112.20criminal records, histories, and warrant information on each applicant through the Minnesota |
|---|
| 3711 | | - | 112.21Crime Information System and the National Instant Criminal Background Check System. |
|---|
| 3712 | | - | 112.22The sheriff shall also make a reasonable effort to check other available and relevant federal, |
|---|
| 3713 | | - | 112.23state, or local record-keeping systems. The sheriff must obtain commitment information |
|---|
| 3714 | | - | 112.24from the commissioner of human services Direct Care and Treatment executive board as |
|---|
| 3715 | | - | 112.25provided in section 246C.15 or, if the information is reasonably available, as provided by |
|---|
| 3716 | | - | 112.26a similar statute from another state. |
|---|
| 3717 | | - | 112.27 (b) When an application for a permit is filed under this section, the sheriff must notify |
|---|
| 3718 | | - | 112.28the chief of police, if any, of the municipality where the applicant resides. The police chief |
|---|
| 3719 | | - | 112.29may provide the sheriff with any information relevant to the issuance of the permit. |
|---|
| 3720 | | - | 112.30 (c) The sheriff must conduct a background check by means of electronic data transfer |
|---|
| 3721 | | - | 112.31on a permit holder through the Minnesota Crime Information System and the National |
|---|
| 3722 | | - | 112.32Instant Criminal Background Check System at least yearly to ensure continuing eligibility. |
|---|
| 3723 | | - | 112Article 3 Sec. 87. |
|---|
| 3724 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 113.1The sheriff may also conduct additional background checks by means of electronic data |
|---|
| 3725 | | - | 113.2transfer on a permit holder at any time during the period that a permit is in effect. |
|---|
| 3726 | | - | 113.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3727 | | - | 113.4Sec. 88. Minnesota Statutes 2024, section 631.40, subdivision 3, is amended to read: |
|---|
| 3728 | | - | 113.5 Subd. 3.Departments of Human Services; Children, Youth, and Families; and |
|---|
| 3729 | | - | 113.6Health licensees.When a person who is affiliated with a program or facility governed or |
|---|
| 3730 | | - | 113.7licensed by the Department of Human Services,; Department of Children, Youth, and |
|---|
| 3731 | | - | 113.8Families,; or Department of Health is convicted of a disqualifying crime, the probation |
|---|
| 3732 | | - | 113.9officer or corrections agent shall notify the commissioner of the conviction, as provided in |
|---|
| 3733 | | - | 113.10chapter 245C. |
|---|
| 3734 | | - | 113.11 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3735 | | - | 113.12Sec. 89. REVISOR INSTRUCTION. |
|---|
| 3736 | | - | 113.13 (a) The revisor of statutes shall renumber Minnesota Statutes, section 252.50, subdivision |
|---|
| 3737 | | - | 113.145, as Minnesota Statutes, section 246C.11, subdivision 4a. |
|---|
| 3738 | | - | 113.15 (b) The revisor of statutes shall renumber Minnesota Statutes, section 252.52, as |
|---|
| 3739 | | - | 113.16Minnesota Statutes, section 246C.191. |
|---|
| 3740 | | - | 113.17 (c) The revisor of statutes shall make necessary cross-reference changes consistent with |
|---|
| 3741 | | - | 113.18the renumbering in this section. |
|---|
| 3742 | | - | 113.19 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3743 | | - | 113.20Sec. 90. REPEALER. |
|---|
| 3744 | | - | 113.21 (a) Minnesota Statutes 2024, sections 245.4862; 246.015, subdivision 3; 246.50, |
|---|
| 3745 | | - | 113.22subdivision 2; and 246B.04, subdivision 1a, are repealed. |
|---|
| 3746 | | - | 113.23 (b) Laws 2024, chapter 79, article 1, sections 15; 16; and 17, are repealed. |
|---|
| 3747 | | - | 113.24 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3748 | | - | 113.25 ARTICLE 4 |
|---|
| 3749 | | - | 113.26 BEHAVIORAL HEALTH |
|---|
| 3750 | | - | 113.27Section 1. Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read: |
|---|
| 3751 | | - | 113.28 Subd. 2.Definitions.For the purposes of this section, "patient" means a person who is |
|---|
| 3752 | | - | 113.29admitted to an acute care inpatient facility for a continuous period longer than 24 hours, for |
|---|
| 3753 | | - | 113Article 4 Section 1. |
|---|
| 3754 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 114.1the purpose of diagnosis or treatment bearing on the physical or mental health of that person. |
|---|
| 3755 | | - | 114.2For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also means a |
|---|
| 3756 | | - | 114.3person who receives health care services at an outpatient surgical center or at a birth center |
|---|
| 3757 | | - | 114.4licensed under section 144.615. "Patient" also means a minor who is admitted to a residential |
|---|
| 3758 | | - | 114.5program as defined in section 253C.01. For purposes of subdivisions 1, 3 to 16, 18, 20 and |
|---|
| 3759 | | - | 114.630, "patient" also means any person who is receiving mental health treatment on an outpatient |
|---|
| 3760 | | - | 114.7basis or in a community support program or other community-based program. "Resident" |
|---|
| 3761 | | - | 114.8means a person who is admitted to a nonacute care facility including extended care facilities, |
|---|
| 3762 | | - | 114.9nursing homes, and boarding care homes for care required because of prolonged mental or |
|---|
| 3763 | | - | 114.10physical illness or disability, recovery from injury or disease, or advancing age. For purposes |
|---|
| 3764 | | - | 114.11of all subdivisions except subdivisions 28 and 29, "resident" also means a person who is |
|---|
| 3765 | | - | 114.12admitted to a facility licensed as a board and lodging facility under Minnesota Rules, parts |
|---|
| 3766 | | - | 114.134625.0100 to 4625.2355, a boarding care home under sections 144.50 to 144.56, or a |
|---|
| 3767 | | - | 114.14supervised living facility under Minnesota Rules, parts 4665.0100 to 4665.9900, and which |
|---|
| 3768 | | - | 114.15operates a rehabilitation program licensed under chapter 245G or 245I, or Minnesota Rules, |
|---|
| 3769 | | - | 114.16parts 9530.6510 to 9530.6590. For purposes of all subdivisions except subdivisions 20, 28, |
|---|
| 3770 | | - | 114.1729, 32, and 33, "resident" also means a person who is admitted to a facility licensed to |
|---|
| 3771 | | - | 114.18provide intensive residential treatment services or residential crisis stabilization under section |
|---|
| 3772 | | - | 114.19245I.23. |
|---|
| 3773 | | - | 114.20Sec. 2. Minnesota Statutes 2024, section 169A.284, is amended to read: |
|---|
| 3774 | | - | 114.21 169A.284 CHEMICAL DEPENDENCY COMPREHENSIVE ASSESSMENT |
|---|
| 3775 | | - | 114.22CHARGE; SURCHARGE. |
|---|
| 3776 | | - | 114.23 Subdivision 1.When required.(a) When a court sentences a person convicted of an |
|---|
| 3777 | | - | 114.24offense enumerated in section 169A.70, subdivision 2 (chemical use comprehensive |
|---|
| 3778 | | - | 114.25assessment; requirement; form), except as provided in paragraph (c), it shall order the person |
|---|
| 3779 | | - | 114.26to pay the cost of the comprehensive assessment directly to the entity conducting the |
|---|
| 3780 | | - | 114.27assessment or providing the assessment services in an amount determined by the entity |
|---|
| 3781 | | - | 114.28conducting or providing the service and shall impose a chemical dependency comprehensive |
|---|
| 3782 | | - | 114.29assessment charge of $25. The court may waive the $25 comprehensive assessment charge, |
|---|
| 3783 | | - | 114.30but may not waive the cost for the assessment paid directly to the entity conducting the |
|---|
| 3784 | | - | 114.31assessment or providing assessment services. A person shall pay an additional surcharge |
|---|
| 3785 | | - | 114.32of $5 if the person is convicted of a violation of section 169A.20 (driving while impaired) |
|---|
| 3786 | | - | 114.33within five years of a prior impaired driving conviction or a prior conviction for an offense |
|---|
| 3787 | | - | 114.34arising out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998, section |
|---|
| 3788 | | - | 114.35169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated |
|---|
| 3789 | | - | 114Article 4 Sec. 2. |
|---|
| 3790 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 115.1DWI-related violations; penalty). This section applies when the sentence is executed, stayed, |
|---|
| 3791 | | - | 115.2or suspended. The court may not waive payment of or authorize payment in installments |
|---|
| 3792 | | - | 115.3of the comprehensive assessment charge and surcharge in installments unless it makes |
|---|
| 3793 | | - | 115.4written findings on the record that the convicted person is indigent or that the comprehensive |
|---|
| 3794 | | - | 115.5assessment charge and surcharge would create undue hardship for the convicted person or |
|---|
| 3795 | | - | 115.6that person's immediate family. |
|---|
| 3796 | | - | 115.7 (b) The chemical dependency comprehensive assessment charge and surcharge required |
|---|
| 3797 | | - | 115.8under this section are in addition to the surcharge required by section 357.021, subdivision |
|---|
| 3798 | | - | 115.96 (surcharges on criminal and traffic offenders). |
|---|
| 3799 | | - | 115.10 (c) The court must not order the person convicted of an offense enumerated in section |
|---|
| 3800 | | - | 115.11169A.70, subdivision 2 (comprehensive assessment; requirement; form), to pay the cost of |
|---|
| 3801 | | - | 115.12the comprehensive assessment if the comprehensive assessment conducted is eligible for |
|---|
| 3802 | | - | 115.13reimbursement under chapter 254B or 256B. |
|---|
| 3803 | | - | 115.14 Subd. 2.Distribution of money.The court administrator shall collect and forward the |
|---|
| 3804 | | - | 115.15chemical dependency comprehensive assessment charge and the $5 surcharge, if any, to |
|---|
| 3805 | | - | 115.16the commissioner of management and budget to be deposited in the state treasury and |
|---|
| 3806 | | - | 115.17credited to the general fund. |
|---|
| 3807 | | - | 115.18Sec. 3. Minnesota Statutes 2024, section 245.462, subdivision 4, is amended to read: |
|---|
| 3808 | | - | 115.19 Subd. 4.Case management service provider.(a) "Case management service provider" |
|---|
| 3809 | | - | 115.20means a case manager or case manager associate employed by the county or other entity |
|---|
| 3810 | | - | 115.21authorized by the county board to provide case management services specified in section |
|---|
| 3811 | | - | 115.22245.4711. |
|---|
| 3812 | | - | 115.23 (b) A case manager must: |
|---|
| 3813 | | - | 115.24 (1) be skilled in the process of identifying and assessing a wide range of client needs; |
|---|
| 3814 | | - | 115.25 (2) be knowledgeable about local community resources and how to use those resources |
|---|
| 3815 | | - | 115.26for the benefit of the client; |
|---|
| 3816 | | - | 115.27 (3) be a mental health practitioner as defined in section 245I.04, subdivision 4, or have |
|---|
| 3817 | | - | 115.28a bachelor's degree in one of the behavioral sciences or related fields including, but not |
|---|
| 3818 | | - | 115.29limited to, social work, psychology, or nursing from an accredited college or university. A |
|---|
| 3819 | | - | 115.30case manager who is not a mental health practitioner and or who does not have a bachelor's |
|---|
| 3820 | | - | 115.31degree in one of the behavioral sciences or related fields must meet the requirements of |
|---|
| 3821 | | - | 115.32paragraph (c); and |
|---|
| 3822 | | - | 115Article 4 Sec. 3. |
|---|
| 3823 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 116.1 (4) meet the supervision and continuing education requirements described in paragraphs |
|---|
| 3824 | | - | 116.2(d), (e), and (f), as applicable. |
|---|
| 3825 | | - | 116.3 (c) Case managers without a bachelor's degree or with a bachelor's degree that is not in |
|---|
| 3826 | | - | 116.4one of the behavioral sciences or related fields must meet one of the requirements in clauses |
|---|
| 3827 | | - | 116.5(1) to (3) (5): |
|---|
| 3828 | | - | 116.6 (1) have three or four years of experience as a case manager associate as defined in this |
|---|
| 3829 | | - | 116.7section; |
|---|
| 3830 | | - | 116.8 (2) be a registered nurse without a bachelor's degree and have a combination of |
|---|
| 3831 | | - | 116.9specialized training in psychiatry and work experience consisting of community interaction |
|---|
| 3832 | | - | 116.10and involvement or community discharge planning in a mental health setting totaling three |
|---|
| 3833 | | - | 116.11years; or |
|---|
| 3834 | | - | 116.12 (3) be a person who qualified as a case manager under the 1998 Department of Human |
|---|
| 3835 | | - | 116.13Service waiver provision and meet the continuing education and mentoring requirements |
|---|
| 3836 | | - | 116.14in this section.; |
|---|
| 3837 | | - | 116.15 (4) prior to direct service delivery, complete at least 80 hours of specific training on the |
|---|
| 3838 | | - | 116.16characteristics and needs of adults with serious and persistent mental illness that is consistent |
|---|
| 3839 | | - | 116.17with national practices standards; or |
|---|
| 3840 | | - | 116.18 (5) prior to direct service delivery, demonstrate competency in practice and knowledge |
|---|
| 3841 | | - | 116.19of the characteristics and needs of adults with serious and persistent mental illness, consistent |
|---|
| 3842 | | - | 116.20with national practices standards. |
|---|
| 3843 | | - | 116.21 (d) A case manager with at least 2,000 hours of supervised experience in the delivery |
|---|
| 3844 | | - | 116.22of services to adults with mental illness must receive regular ongoing supervision and clinical |
|---|
| 3845 | | - | 116.23supervision totaling 38 hours per year of which at least one hour per month must be clinical |
|---|
| 3846 | | - | 116.24supervision regarding individual service delivery with a case management supervisor. The |
|---|
| 3847 | | - | 116.25remaining 26 hours of supervision may be provided by a case manager with two years of |
|---|
| 3848 | | - | 116.26experience. Group supervision may not constitute more than one-half of the required |
|---|
| 3849 | | - | 116.27supervision hours. Clinical supervision must be documented in the client record. |
|---|
| 3850 | | - | 116.28 (e) A case manager without 2,000 hours of supervised experience in the delivery of |
|---|
| 3851 | | - | 116.29services to adults with mental illness must: |
|---|
| 3852 | | - | 116.30 (1) receive clinical supervision regarding individual service delivery from a mental |
|---|
| 3853 | | - | 116.31health professional at least one hour per week until the requirement of 2,000 hours of |
|---|
| 3854 | | - | 116.32experience is met; and |
|---|
| 3855 | | - | 116Article 4 Sec. 3. |
|---|
| 3856 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 117.1 (2) complete 40 hours of training approved by the commissioner in case management |
|---|
| 3857 | | - | 117.2skills and the characteristics and needs of adults with serious and persistent mental illness. |
|---|
| 3858 | | - | 117.3 (f) A case manager who is not licensed, registered, or certified by a health-related |
|---|
| 3859 | | - | 117.4licensing board must receive 30 hours of continuing education and training in mental illness |
|---|
| 3860 | | - | 117.5and mental health services every two years. |
|---|
| 3861 | | - | 117.6 (g) A case manager associate (CMA) must: |
|---|
| 3862 | | - | 117.7 (1) work under the direction of a case manager or case management supervisor; |
|---|
| 3863 | | - | 117.8 (2) be at least 21 years of age; |
|---|
| 3864 | | - | 117.9 (3) have at least a high school diploma or its equivalent; and |
|---|
| 3865 | | - | 117.10 (4) meet one of the following criteria: |
|---|
| 3866 | | - | 117.11 (i) have an associate of arts degree in one of the behavioral sciences or human services; |
|---|
| 3867 | | - | 117.12 (ii) be a certified peer specialist under section 256B.0615; |
|---|
| 3868 | | - | 117.13 (iii) be a registered nurse without a bachelor's degree; |
|---|
| 3869 | | - | 117.14 (iv) within the previous ten years, have three years of life experience with serious and |
|---|
| 3870 | | - | 117.15persistent mental illness as defined in subdivision 20; or as a child had severe emotional |
|---|
| 3871 | | - | 117.16disturbance as defined in section 245.4871, subdivision 6; or have three years life experience |
|---|
| 3872 | | - | 117.17as a primary caregiver to an adult with serious and persistent mental illness within the |
|---|
| 3873 | | - | 117.18previous ten years; |
|---|
| 3874 | | - | 117.19 (v) have 6,000 hours work experience as a nondegreed state hospital technician; or |
|---|
| 3875 | | - | 117.20 (vi) have at least 6,000 hours of supervised experience in the delivery of services to |
|---|
| 3876 | | - | 117.21persons with mental illness. |
|---|
| 3877 | | - | 117.22 Individuals meeting one of the criteria in items (i) to (v) may qualify as a case manager |
|---|
| 3878 | | - | 117.23after four years of supervised work experience as a case manager associate. Individuals |
|---|
| 3879 | | - | 117.24meeting the criteria in item (vi) may qualify as a case manager after three years of supervised |
|---|
| 3880 | | - | 117.25experience as a case manager associate. |
|---|
| 3881 | | - | 117.26 (h) A case management associate must meet the following supervision, mentoring, and |
|---|
| 3882 | | - | 117.27continuing education requirements: |
|---|
| 3883 | | - | 117.28 (1) have 40 hours of preservice training described under paragraph (e), clause (2); |
|---|
| 3884 | | - | 117.29 (2) receive at least 40 annual hours of continuing education in mental illness and mental |
|---|
| 3885 | | - | 117.30health services annually; and according to the following schedule, based on years of service |
|---|
| 3886 | | - | 117.31as a case management associate: |
|---|
| 3887 | | - | 117Article 4 Sec. 3. |
|---|
| 3888 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 118.1 (i) at least 40 hours in the first year; |
|---|
| 3889 | | - | 118.2 (ii) at least 30 hours in the second year; |
|---|
| 3890 | | - | 118.3 (iii) at least 20 hours in the third year; and |
|---|
| 3891 | | - | 118.4 (iv) at least 20 hours in the fourth year; and |
|---|
| 3892 | | - | 118.5 (3) receive at least five four hours of mentoring supervision per week month from a case |
|---|
| 3893 | | - | 118.6management mentor supervisor. |
|---|
| 3894 | | - | 118.7A "case management mentor" means a qualified, practicing case manager or case management |
|---|
| 3895 | | - | 118.8supervisor who teaches or advises and provides intensive training and clinical supervision |
|---|
| 3896 | | - | 118.9to one or more case manager associates. Mentoring may occur while providing direct services |
|---|
| 3897 | | - | 118.10to consumers in the office or in the field and may be provided to individuals or groups of |
|---|
| 3898 | | - | 118.11case manager associates. At least two mentoring hours per week must be individual and |
|---|
| 3899 | | - | 118.12face-to-face. |
|---|
| 3900 | | - | 118.13 (i) A case management supervisor must meet the criteria for mental health professionals, |
|---|
| 3901 | | - | 118.14as specified in subdivision 18. |
|---|
| 3902 | | - | 118.15 (j) An immigrant who does not have the qualifications specified in this subdivision may |
|---|
| 3903 | | - | 118.16provide case management services to adult immigrants with serious and persistent mental |
|---|
| 3904 | | - | 118.17illness who are members of the same ethnic group as the case manager if the person: |
|---|
| 3905 | | - | 118.18 (1) is currently enrolled in and is actively pursuing credits toward the completion of a |
|---|
| 3906 | | - | 118.19bachelor's degree in one of the behavioral sciences or a related field including, but not |
|---|
| 3907 | | - | 118.20limited to, social work, psychology, or nursing from an accredited college or university; |
|---|
| 3908 | | - | 118.21 (2) completes 40 hours of training as specified in this subdivision; and |
|---|
| 3909 | | - | 118.22 (3) receives clinical supervision at least once a week until the requirements of this |
|---|
| 3910 | | - | 118.23subdivision are met. |
|---|
| 3911 | | - | 118.24Sec. 4. Minnesota Statutes 2024, section 245.462, subdivision 20, is amended to read: |
|---|
| 3912 | | - | 118.25 Subd. 20.Mental illness.(a) "Mental illness" means an organic disorder of the brain or |
|---|
| 3913 | | - | 118.26a clinically significant disorder of thought, mood, perception, orientation, memory, or |
|---|
| 3914 | | - | 118.27behavior that is detailed in a diagnostic codes list published by the commissioner, and that |
|---|
| 3915 | | - | 118.28seriously limits a person's capacity to function in primary aspects of daily living such as |
|---|
| 3916 | | - | 118.29personal relations, living arrangements, work, and recreation. |
|---|
| 3917 | | - | 118.30 (b) An "adult with acute mental illness" means an adult who has a mental illness that is |
|---|
| 3918 | | - | 118.31serious enough to require prompt intervention. |
|---|
| 3919 | | - | 118Article 4 Sec. 4. |
|---|
| 3920 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 119.1 (c) For purposes of enrolling in case management and community support services, a |
|---|
| 3921 | | - | 119.2"person with serious and persistent mental illness" means an adult who has a mental illness |
|---|
| 3922 | | - | 119.3and meets at least one of the following criteria: |
|---|
| 3923 | | - | 119.4 (1) the adult has undergone two one or more episodes of inpatient, residential, or crisis |
|---|
| 3924 | | - | 119.5residential care for a mental illness within the preceding 24 12 months; |
|---|
| 3925 | | - | 119.6 (2) the adult has experienced a continuous psychiatric hospitalization or residential |
|---|
| 3926 | | - | 119.7treatment exceeding six months' duration within the preceding 12 months; |
|---|
| 3927 | | - | 119.8 (3) the adult has been treated by a crisis team two or more times within the preceding |
|---|
| 3928 | | - | 119.924 months; |
|---|
| 3929 | | - | 119.10 (4) the adult: |
|---|
| 3930 | | - | 119.11 (i) has a diagnosis of schizophrenia, bipolar disorder, major depression, schizoaffective |
|---|
| 3931 | | - | 119.12disorder, post-traumatic stress disorder, or borderline personality disorder; |
|---|
| 3932 | | - | 119.13 (ii) indicates a significant impairment in functioning; and |
|---|
| 3933 | | - | 119.14 (iii) has a written opinion from a mental health professional, in the last three years, |
|---|
| 3934 | | - | 119.15stating that the adult is reasonably likely to have future episodes requiring inpatient or |
|---|
| 3935 | | - | 119.16residential treatment, of a frequency described in clause (1) or (2), or the need for in-home |
|---|
| 3936 | | - | 119.17services to remain in one's home, unless ongoing case management or community support |
|---|
| 3937 | | - | 119.18services are provided; |
|---|
| 3938 | | - | 119.19 (5) the adult has, in the last three five years, been committed by a court as a person who |
|---|
| 3939 | | - | 119.20is mentally ill with a mental illness under chapter 253B, or the adult's commitment has been |
|---|
| 3940 | | - | 119.21stayed or continued; or |
|---|
| 3941 | | - | 119.22 (6) the adult (i) was eligible under clauses (1) to (5), but the specified time period has |
|---|
| 3942 | | - | 119.23expired or the adult was eligible as a child under section 245.4871, subdivision 6; and (ii) |
|---|
| 3943 | | - | 119.24has a written opinion from a mental health professional, in the last three years, stating that |
|---|
| 3944 | | - | 119.25the adult is reasonably likely to have future episodes requiring inpatient or residential |
|---|
| 3945 | | - | 119.26treatment, of a frequency described in clause (1) or (2), unless ongoing case management |
|---|
| 3946 | | - | 119.27or community support services are provided; or |
|---|
| 3947 | | - | 119.28 (7) (6) the adult was eligible as a child under section 245.4871, subdivision 6, and is |
|---|
| 3948 | | - | 119.29age 21 or younger. |
|---|
| 3949 | | - | 119.30 (d) For purposes of enrolling in case management and community support services, a |
|---|
| 3950 | | - | 119.31"person with a complex post-traumatic stress disorder" or "person with a C-PTSD" means |
|---|
| 3951 | | - | 119.32an adult who has a mental illness and meets the following criteria: |
|---|
| 3952 | | - | 119Article 4 Sec. 4. |
|---|
| 3953 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 120.1 (1) the adult has post-traumatic stress disorder (PTSD) symptoms that significantly |
|---|
| 3954 | | - | 120.2interfere with daily functioning related to intergenerational trauma, racial trauma, or |
|---|
| 3955 | | - | 120.3unresolved historical grief; and |
|---|
| 3956 | | - | 120.4 (2) the adult has a written opinion from a mental health professional that includes |
|---|
| 3957 | | - | 120.5documentation of: |
|---|
| 3958 | | - | 120.6 (i) culturally sensitive assessments or screenings and identification of intergenerational |
|---|
| 3959 | | - | 120.7trauma, racial trauma, or unresolved historical grief; |
|---|
| 3960 | | - | 120.8 (ii) significant impairment in functioning due to the PTSD symptoms that meet C-PTSD |
|---|
| 3961 | | - | 120.9condition eligibility; and |
|---|
| 3962 | | - | 120.10 (iii) increasing concerns within the last three years that indicate there is a reasonable |
|---|
| 3963 | | - | 120.11likelihood the adult will experience significant episodes of PTSD with increased frequency, |
|---|
| 3964 | | - | 120.12impacting daily functioning, unless mitigated by targeted case management or community |
|---|
| 3965 | | - | 120.13support services. |
|---|
| 3966 | | - | 120.14 (e) Adults may continue to receive case management or community support services if, |
|---|
| 3967 | | - | 120.15in the written opinion of a mental health professional, the person needs case management |
|---|
| 3968 | | - | 120.16or community support services to maintain the person's recovery. |
|---|
| 3969 | | - | 120.17 EFFECTIVE DATE.Paragraph (d) is effective upon federal approval. The commissioner |
|---|
| 3970 | | - | 120.18of human services shall notify the revisor of statutes when federal approval is obtained. |
|---|
| 3971 | | - | 120.19Sec. 5. Minnesota Statutes 2024, section 245.467, subdivision 4, is amended to read: |
|---|
| 3972 | | - | 120.20 Subd. 4.Referral for case management.Each provider of emergency services, day |
|---|
| 3973 | | - | 120.21treatment services, outpatient treatment, community support services, residential treatment, |
|---|
| 3974 | | - | 120.22acute care hospital inpatient treatment, or regional treatment center inpatient treatment must |
|---|
| 3975 | | - | 120.23inform each of its clients with serious and persistent mental illness or a complex |
|---|
| 3976 | | - | 120.24post-traumatic stress disorder of the availability and potential benefits to the client of case |
|---|
| 3977 | | - | 120.25management. If the client consents, the provider must refer the client by notifying the county |
|---|
| 3978 | | - | 120.26employee designated by the county board to coordinate case management activities of the |
|---|
| 3979 | | - | 120.27client's name and address and by informing the client of whom to contact to request case |
|---|
| 3980 | | - | 120.28management. The provider must document compliance with this subdivision in the client's |
|---|
| 3981 | | - | 120.29record. |
|---|
| 3982 | | - | 120.30 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner |
|---|
| 3983 | | - | 120.31of human services shall notify the revisor of statutes when federal approval is obtained. |
|---|
| 3984 | | - | 120Article 4 Sec. 5. |
|---|
| 3985 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 121.1Sec. 6. Minnesota Statutes 2024, section 245.469, is amended to read: |
|---|
| 3986 | | - | 121.2 245.469 EMERGENCY SERVICES. |
|---|
| 3987 | | - | 121.3 Subdivision 1.Availability of emergency services.(a) County boards must provide or |
|---|
| 3988 | | - | 121.4contract for enough emergency services within the county to meet the needs of adults, |
|---|
| 3989 | | - | 121.5children, and families in the county who are experiencing an emotional crisis or mental |
|---|
| 3990 | | - | 121.6illness. Clients must not be charged for services provided. Emergency service providers |
|---|
| 3991 | | - | 121.7must not delay the timely provision of emergency services to a client because of the |
|---|
| 3992 | | - | 121.8unwillingness or inability of the client to pay for services meet the qualifications under |
|---|
| 3993 | | - | 121.9section 256B.0624, subdivision 4. Emergency services must include assessment, crisis |
|---|
| 3994 | | - | 121.10intervention, and appropriate case disposition. Emergency services must: |
|---|
| 3995 | | - | 121.11 (1) promote the safety and emotional stability of each client; |
|---|
| 3996 | | - | 121.12 (2) minimize further deterioration of each client; |
|---|
| 3997 | | - | 121.13 (3) help each client to obtain ongoing care and treatment; |
|---|
| 3998 | | - | 121.14 (4) prevent placement in settings that are more intensive, costly, or restrictive than |
|---|
| 3999 | | - | 121.15necessary and appropriate to meet client needs; and |
|---|
| 4000 | | - | 121.16 (5) provide support, psychoeducation, and referrals to each client's family members, |
|---|
| 4001 | | - | 121.17service providers, and other third parties on behalf of the client in need of emergency |
|---|
| 4002 | | - | 121.18services. |
|---|
| 4003 | | - | 121.19 (b) If a county provides engagement services under section 253B.041, the county's |
|---|
| 4004 | | - | 121.20emergency service providers must refer clients to engagement services when the client |
|---|
| 4005 | | - | 121.21meets the criteria for engagement services. |
|---|
| 4006 | | - | 121.22 Subd. 2.Specific requirements.(a) The county board shall require that all service |
|---|
| 4007 | | - | 121.23providers of emergency services to adults or children with mental illness provide immediate |
|---|
| 4008 | | - | 121.24direct access to a mental health professional during regular business hours. For evenings, |
|---|
| 4009 | | - | 121.25weekends, and holidays, the service may be by direct toll-free telephone access to a mental |
|---|
| 4010 | | - | 121.26health professional, clinical trainee, or mental health practitioner. |
|---|
| 4011 | | - | 121.27 (b) The commissioner may waive the requirement in paragraph (a) that the evening, |
|---|
| 4012 | | - | 121.28weekend, and holiday service be provided by a mental health professional, clinical trainee, |
|---|
| 4013 | | - | 121.29or mental health practitioner if the county documents that: |
|---|
| 4014 | | - | 121.30 (1) mental health professionals, clinical trainees, or mental health practitioners are |
|---|
| 4015 | | - | 121.31unavailable to provide this service; |
|---|
| 4016 | | - | 121Article 4 Sec. 6. |
|---|
| 4017 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 122.1 (2) services are provided by a designated person with training in human services who |
|---|
| 4018 | | - | 122.2receives treatment supervision from a mental health professional; and |
|---|
| 4019 | | - | 122.3 (3) the service provider is not also the provider of fire and public safety emergency |
|---|
| 4020 | | - | 122.4services. |
|---|
| 4021 | | - | 122.5 (c) The commissioner may waive the requirement in paragraph (b), clause (3), that the |
|---|
| 4022 | | - | 122.6evening, weekend, and holiday service not be provided by the provider of fire and public |
|---|
| 4023 | | - | 122.7safety emergency services if: |
|---|
| 4024 | | - | 122.8 (1) every person who will be providing the first telephone contact has received at least |
|---|
| 4025 | | - | 122.9eight hours of training on emergency mental health services approved by the commissioner; |
|---|
| 4026 | | - | 122.10 (2) every person who will be providing the first telephone contact will annually receive |
|---|
| 4027 | | - | 122.11at least four hours of continued training on emergency mental health services approved by |
|---|
| 4028 | | - | 122.12the commissioner; |
|---|
| 4029 | | - | 122.13 (3) the local social service agency has provided public education about available |
|---|
| 4030 | | - | 122.14emergency mental health services and can assure potential users of emergency services that |
|---|
| 4031 | | - | 122.15their calls will be handled appropriately; |
|---|
| 4032 | | - | 122.16 (4) the local social service agency agrees to provide the commissioner with accurate |
|---|
| 4033 | | - | 122.17data on the number of emergency mental health service calls received; |
|---|
| 4034 | | - | 122.18 (5) the local social service agency agrees to monitor the frequency and quality of |
|---|
| 4035 | | - | 122.19emergency services; and |
|---|
| 4036 | | - | 122.20 (6) the local social service agency describes how it will comply with paragraph (d). |
|---|
| 4037 | | - | 122.21 (d) Whenever emergency service during nonbusiness hours is provided by anyone other |
|---|
| 4038 | | - | 122.22than a mental health professional, a mental health professional must be available on call for |
|---|
| 4039 | | - | 122.23an emergency assessment and crisis intervention services, and must be available for at least |
|---|
| 4040 | | - | 122.24telephone consultation within 30 minutes. |
|---|
| 4041 | | - | 122.25 Subd. 3.Mental health crisis services.The commissioner of human services shall |
|---|
| 4042 | | - | 122.26increase access to mental health crisis services for children and adults. In order to increase |
|---|
| 4043 | | - | 122.27access, the commissioner must: |
|---|
| 4044 | | - | 122.28 (1) develop a central phone number where calls can be routed to the appropriate crisis |
|---|
| 4045 | | - | 122.29services promote the 988 Lifeline; |
|---|
| 4046 | | - | 122.30 (2) provide telephone consultation 24 hours a day to mobile crisis teams who are serving |
|---|
| 4047 | | - | 122.31people with traumatic brain injury or intellectual disabilities who are experiencing a mental |
|---|
| 4048 | | - | 122.32health crisis; |
|---|
| 4049 | | - | 122Article 4 Sec. 6. |
|---|
| 4050 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 123.1 (3) expand crisis services across the state, including rural areas of the state and examining |
|---|
| 4051 | | - | 123.2access per population; |
|---|
| 4052 | | - | 123.3 (4) establish and implement state standards and requirements for crisis services as outlined |
|---|
| 4053 | | - | 123.4in section 256B.0624; and |
|---|
| 4054 | | - | 123.5 (5) provide grants to adult mental health initiatives, counties, tribes, or community mental |
|---|
| 4055 | | - | 123.6health providers to establish new mental health crisis residential service capacity. |
|---|
| 4056 | | - | 123.7 Priority will be given to regions that do not have a mental health crisis residential services |
|---|
| 4057 | | - | 123.8program, do not have an inpatient psychiatric unit within the region, do not have an inpatient |
|---|
| 4058 | | - | 123.9psychiatric unit within 90 miles, or have a demonstrated need based on the number of crisis |
|---|
| 4059 | | - | 123.10residential or intensive residential treatment beds available to meet the needs of the residents |
|---|
| 4060 | | - | 123.11in the region. At least 50 percent of the funds must be distributed to programs in rural |
|---|
| 4061 | | - | 123.12Minnesota. Grant funds may be used for start-up costs, including but not limited to |
|---|
| 4062 | | - | 123.13renovations, furnishings, and staff training. Grant applications shall provide details on how |
|---|
| 4063 | | - | 123.14the intended service will address identified needs and shall demonstrate collaboration with |
|---|
| 4064 | | - | 123.15crisis teams, other mental health providers, hospitals, and police. |
|---|
| 4065 | | - | 123.16Sec. 7. Minnesota Statutes 2024, section 245.4711, subdivision 1, is amended to read: |
|---|
| 4066 | | - | 123.17 Subdivision 1.Availability of case management services.(a) By January 1, 1989, The |
|---|
| 4067 | | - | 123.18county board shall provide case management services for all adults with serious and persistent |
|---|
| 4068 | | - | 123.19mental illness or a complex post-traumatic stress disorder who are residents of the county |
|---|
| 4069 | | - | 123.20and who request or consent to the services and to each adult for whom the court appoints a |
|---|
| 4070 | | - | 123.21case manager. Staffing ratios must be sufficient to serve the needs of the clients. The case |
|---|
| 4071 | | - | 123.22manager must meet the requirements in section 245.462, subdivision 4. |
|---|
| 4072 | | - | 123.23 (b) Case management services provided to adults with serious and persistent mental |
|---|
| 4073 | | - | 123.24illness or a complex post-traumatic stress disorder eligible for medical assistance must be |
|---|
| 4074 | | - | 123.25billed to the medical assistance program under sections 256B.02, subdivision 8, and |
|---|
| 4075 | | - | 123.26256B.0625. |
|---|
| 4076 | | - | 123.27 (c) Case management services are eligible for reimbursement under the medical assistance |
|---|
| 4077 | | - | 123.28program. Costs associated with mentoring, supervision, and continuing education may be |
|---|
| 4078 | | - | 123.29included in the reimbursement rate methodology used for case management services under |
|---|
| 4079 | | - | 123.30the medical assistance program. |
|---|
| 4080 | | - | 123.31 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner |
|---|
| 4081 | | - | 123.32of human services shall notify the revisor of statutes when federal approval is obtained. |
|---|
| 4082 | | - | 123Article 4 Sec. 7. |
|---|
| 4083 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 124.1Sec. 8. Minnesota Statutes 2024, section 245.4711, subdivision 4, is amended to read: |
|---|
| 4084 | | - | 124.2 Subd. 4.Individual community support plan.(a) The case manager must develop an |
|---|
| 4085 | | - | 124.3individual community support plan for each adult that incorporates the client's individual |
|---|
| 4086 | | - | 124.4treatment plan. The individual treatment plan may not be a substitute for the development |
|---|
| 4087 | | - | 124.5of an individual community support plan. The individual community support plan must be |
|---|
| 4088 | | - | 124.6developed within 30 days of client intake and reviewed at least every 180 days after it is |
|---|
| 4089 | | - | 124.7developed, unless the case manager receives a written request from the client or the client's |
|---|
| 4090 | | - | 124.8family for a review of the plan every 90 days after it is developed. The case manager is |
|---|
| 4091 | | - | 124.9responsible for developing the individual community support plan based on a diagnostic |
|---|
| 4092 | | - | 124.10assessment and a functional assessment and for implementing and monitoring the delivery |
|---|
| 4093 | | - | 124.11of services according to the individual community support plan. To the extent possible, the |
|---|
| 4094 | | - | 124.12adult with serious and persistent mental illness or a complex post-traumatic stress disorder, |
|---|
| 4095 | | - | 124.13the person's family, advocates, service providers, and significant others must be involved |
|---|
| 4096 | | - | 124.14in all phases of development and implementation of the individual community support plan. |
|---|
| 4097 | | - | 124.15 (b) The client's individual community support plan must state: |
|---|
| 4098 | | - | 124.16 (1) the goals of each service; |
|---|
| 4099 | | - | 124.17 (2) the activities for accomplishing each goal; |
|---|
| 4100 | | - | 124.18 (3) a schedule for each activity; and |
|---|
| 4101 | | - | 124.19 (4) the frequency of face-to-face contacts by the case manager, as appropriate to client |
|---|
| 4102 | | - | 124.20need and the implementation of the individual community support plan. |
|---|
| 4103 | | - | 124.21 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner |
|---|
| 4104 | | - | 124.22of human services shall notify the revisor of statutes when federal approval is obtained. |
|---|
| 4105 | | - | 124.23Sec. 9. Minnesota Statutes 2024, section 245.4712, subdivision 1, is amended to read: |
|---|
| 4106 | | - | 124.24 Subdivision 1.Availability of community support services.(a) County boards must |
|---|
| 4107 | | - | 124.25provide or contract for sufficient community support services within the county to meet the |
|---|
| 4108 | | - | 124.26needs of adults with serious and persistent mental illness or a complex post-traumatic stress |
|---|
| 4109 | | - | 124.27disorder who are residents of the county. Adults may be required to pay a fee according to |
|---|
| 4110 | | - | 124.28section 245.481. The community support services program must be designed to improve |
|---|
| 4111 | | - | 124.29the ability of adults with serious and persistent mental illness or a complex post-traumatic |
|---|
| 4112 | | - | 124.30stress disorder to: |
|---|
| 4113 | | - | 124.31 (1) find and maintain competitive employment; |
|---|
| 4114 | | - | 124.32 (2) handle basic activities of daily living; |
|---|
| 4115 | | - | 124Article 4 Sec. 9. |
|---|
| 4116 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 125.1 (3) participate in leisure time activities; |
|---|
| 4117 | | - | 125.2 (4) set goals and plans; and |
|---|
| 4118 | | - | 125.3 (5) obtain and maintain appropriate living arrangements. |
|---|
| 4119 | | - | 125.4 The community support services program must also be designed to reduce the need for |
|---|
| 4120 | | - | 125.5and use of more intensive, costly, or restrictive placements both in number of admissions |
|---|
| 4121 | | - | 125.6and length of stay. |
|---|
| 4122 | | - | 125.7 (b) Community support services are those services that are supportive in nature and not |
|---|
| 4123 | | - | 125.8necessarily treatment oriented, and include: |
|---|
| 4124 | | - | 125.9 (1) conducting outreach activities such as home visits, health and wellness checks, and |
|---|
| 4125 | | - | 125.10problem solving; |
|---|
| 4126 | | - | 125.11 (2) connecting people to resources to meet their basic needs; |
|---|
| 4127 | | - | 125.12 (3) finding, securing, and supporting people in their housing; |
|---|
| 4128 | | - | 125.13 (4) attaining and maintaining health insurance benefits; |
|---|
| 4129 | | - | 125.14 (5) assisting with job applications, finding and maintaining employment, and securing |
|---|
| 4130 | | - | 125.15a stable financial situation; |
|---|
| 4131 | | - | 125.16 (6) fostering social support, including support groups, mentoring, peer support, and other |
|---|
| 4132 | | - | 125.17efforts to prevent isolation and promote recovery; and |
|---|
| 4133 | | - | 125.18 (7) educating about mental illness, treatment, and recovery. |
|---|
| 4134 | | - | 125.19 (c) Community support services shall use all available funding streams. The county shall |
|---|
| 4135 | | - | 125.20maintain the level of expenditures for this program, as required under section 245.4835. |
|---|
| 4136 | | - | 125.21County boards must continue to provide funds for those services not covered by other |
|---|
| 4137 | | - | 125.22funding streams and to maintain an infrastructure to carry out these services. The county is |
|---|
| 4138 | | - | 125.23encouraged to fund evidence-based practices such as Individual Placement and Supported |
|---|
| 4139 | | - | 125.24Employment and Illness Management and Recovery. |
|---|
| 4140 | | - | 125.25 (d) The commissioner shall collect data on community support services programs, |
|---|
| 4141 | | - | 125.26including, but not limited to, demographic information such as age, sex, race, the number |
|---|
| 4142 | | - | 125.27of people served, and information related to housing, employment, hospitalization, symptoms, |
|---|
| 4143 | | - | 125.28and satisfaction with services. |
|---|
| 4144 | | - | 125.29 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner |
|---|
| 4145 | | - | 125.30of human services shall notify the revisor of statutes when federal approval is obtained. |
|---|
| 4146 | | - | 125Article 4 Sec. 9. |
|---|
| 4147 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 126.1Sec. 10. Minnesota Statutes 2024, section 245.4712, subdivision 3, is amended to read: |
|---|
| 4148 | | - | 126.2 Subd. 3.Benefits assistance.The county board must offer to help adults with serious |
|---|
| 4149 | | - | 126.3and persistent mental illness or a complex post-traumatic stress disorder in applying for |
|---|
| 4150 | | - | 126.4state and federal benefits, including Supplemental Security Income, medical assistance, |
|---|
| 4151 | | - | 126.5Medicare, general assistance, and Minnesota supplemental aid. The help must be offered |
|---|
| 4152 | | - | 126.6as part of the community support program available to adults with serious and persistent |
|---|
| 4153 | | - | 126.7mental illness or a complex post-traumatic stress disorder for whom the county is financially |
|---|
| 4154 | | - | 126.8responsible and who may qualify for these benefits. |
|---|
| 4155 | | - | 126.9Sec. 11. Minnesota Statutes 2024, section 245.4871, subdivision 4, is amended to read: |
|---|
| 4156 | | - | 126.10 Subd. 4.Case management service provider.(a) "Case management service provider" |
|---|
| 4157 | | - | 126.11means a case manager or case manager associate employed by the county or other entity |
|---|
| 4158 | | - | 126.12authorized by the county board to provide case management services specified in subdivision |
|---|
| 4159 | | - | 126.133 for the child with severe emotional disturbance and the child's family. |
|---|
| 4160 | | - | 126.14 (b) A case manager must: |
|---|
| 4161 | | - | 126.15 (1) have experience and training in working with children; |
|---|
| 4162 | | - | 126.16 (2) be a mental health practitioner under section 245I.04, subdivision 4, or have at least |
|---|
| 4163 | | - | 126.17a bachelor's degree in one of the behavioral sciences or a related field including, but not |
|---|
| 4164 | | - | 126.18limited to, social work, psychology, or nursing from an accredited college or university or |
|---|
| 4165 | | - | 126.19meet the requirements of paragraph (d); |
|---|
| 4166 | | - | 126.20 (3) have experience and training in identifying and assessing a wide range of children's |
|---|
| 4167 | | - | 126.21needs; |
|---|
| 4168 | | - | 126.22 (4) be knowledgeable about local community resources and how to use those resources |
|---|
| 4169 | | - | 126.23for the benefit of children and their families; and |
|---|
| 4170 | | - | 126.24 (5) meet the supervision and continuing education requirements of paragraphs (e), (f), |
|---|
| 4171 | | - | 126.25and (g), as applicable. |
|---|
| 4172 | | - | 126.26 (c) A case manager may be a member of any professional discipline that is part of the |
|---|
| 4173 | | - | 126.27local system of care for children established by the county board. |
|---|
| 4174 | | - | 126.28 (d) A case manager without who is not a mental health practitioner and does not have |
|---|
| 4175 | | - | 126.29a bachelor's degree or who has a bachelor's degree that is not in one of the behavioral sciences |
|---|
| 4176 | | - | 126.30or related fields must meet one of the requirements in clauses (1) to (3) (5): |
|---|
| 4177 | | - | 126.31 (1) have three or four years of experience as a case manager associate; |
|---|
| 4178 | | - | 126Article 4 Sec. 11. |
|---|
| 4179 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 127.1 (2) be a registered nurse without a bachelor's degree who has a combination of specialized |
|---|
| 4180 | | - | 127.2training in psychiatry and work experience consisting of community interaction and |
|---|
| 4181 | | - | 127.3involvement or community discharge planning in a mental health setting totaling three years; |
|---|
| 4182 | | - | 127.4or |
|---|
| 4183 | | - | 127.5 (3) be a person who qualified as a case manager under the 1998 Department of Human |
|---|
| 4184 | | - | 127.6Services waiver provision and meets the continuing education, supervision, and mentoring |
|---|
| 4185 | | - | 127.7requirements in this section.; |
|---|
| 4186 | | - | 127.8 (4) prior to direct service delivery, complete at least 80 hours of specific training on the |
|---|
| 4187 | | - | 127.9characteristics and needs of children with serious mental illness that is consistent with |
|---|
| 4188 | | - | 127.10national practices standards; or |
|---|
| 4189 | | - | 127.11 (5) prior to direct service delivery, demonstrate competency in practice and knowledge |
|---|
| 4190 | | - | 127.12of the characteristics and needs of children with serious mental illness, consistent with |
|---|
| 4191 | | - | 127.13national practices standards. |
|---|
| 4192 | | - | 127.14 (e) A case manager with at least 2,000 hours of supervised experience in the delivery |
|---|
| 4193 | | - | 127.15of mental health services to children must receive regular ongoing supervision and clinical |
|---|
| 4194 | | - | 127.16supervision totaling 38 hours per year, of which at least one hour per month must be clinical |
|---|
| 4195 | | - | 127.17supervision regarding individual service delivery with a case management supervisor. The |
|---|
| 4196 | | - | 127.18other 26 hours of supervision may be provided by a case manager with two years of |
|---|
| 4197 | | - | 127.19experience. Group supervision may not constitute more than one-half of the required |
|---|
| 4198 | | - | 127.20supervision hours. |
|---|
| 4199 | | - | 127.21 (f) A case manager without 2,000 hours of supervised experience in the delivery of |
|---|
| 4200 | | - | 127.22mental health services to children with emotional disturbance must: |
|---|
| 4201 | | - | 127.23 (1) begin 40 hours of training approved by the commissioner of human services in case |
|---|
| 4202 | | - | 127.24management skills and in the characteristics and needs of children with severe emotional |
|---|
| 4203 | | - | 127.25disturbance before beginning to provide case management services; and |
|---|
| 4204 | | - | 127.26 (2) receive clinical supervision regarding individual service delivery from a mental |
|---|
| 4205 | | - | 127.27health professional at least one hour each week until the requirement of 2,000 hours of |
|---|
| 4206 | | - | 127.28experience is met. |
|---|
| 4207 | | - | 127.29 (g) A case manager who is not licensed, registered, or certified by a health-related |
|---|
| 4208 | | - | 127.30licensing board must receive 30 hours of continuing education and training in severe |
|---|
| 4209 | | - | 127.31emotional disturbance and mental health services every two years. |
|---|
| 4210 | | - | 127Article 4 Sec. 11. |
|---|
| 4211 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 128.1 (h) Clinical supervision must be documented in the child's record. When the case manager |
|---|
| 4212 | | - | 128.2is not a mental health professional, the county board must provide or contract for needed |
|---|
| 4213 | | - | 128.3clinical supervision. |
|---|
| 4214 | | - | 128.4 (i) The county board must ensure that the case manager has the freedom to access and |
|---|
| 4215 | | - | 128.5coordinate the services within the local system of care that are needed by the child. |
|---|
| 4216 | | - | 128.6 (j) A case manager associate (CMA) must: |
|---|
| 4217 | | - | 128.7 (1) work under the direction of a case manager or case management supervisor; |
|---|
| 4218 | | - | 128.8 (2) be at least 21 years of age; |
|---|
| 4219 | | - | 128.9 (3) have at least a high school diploma or its equivalent; and |
|---|
| 4220 | | - | 128.10 (4) meet one of the following criteria: |
|---|
| 4221 | | - | 128.11 (i) have an associate of arts degree in one of the behavioral sciences or human services; |
|---|
| 4222 | | - | 128.12 (ii) be a registered nurse without a bachelor's degree; |
|---|
| 4223 | | - | 128.13 (iii) have three years of life experience as a primary caregiver to a child with serious |
|---|
| 4224 | | - | 128.14emotional disturbance as defined in subdivision 6 within the previous ten years; |
|---|
| 4225 | | - | 128.15 (iv) have 6,000 hours work experience as a nondegreed state hospital technician; or |
|---|
| 4226 | | - | 128.16 (v) have 6,000 hours of supervised work experience in the delivery of mental health |
|---|
| 4227 | | - | 128.17services to children with emotional disturbances; hours worked as a mental health behavioral |
|---|
| 4228 | | - | 128.18aide I or II under section 256B.0943, subdivision 7, may count toward the 6,000 hours of |
|---|
| 4229 | | - | 128.19supervised work experience. |
|---|
| 4230 | | - | 128.20 Individuals meeting one of the criteria in items (i) to (iv) may qualify as a case manager |
|---|
| 4231 | | - | 128.21after four years of supervised work experience as a case manager associate. Individuals |
|---|
| 4232 | | - | 128.22meeting the criteria in item (v) may qualify as a case manager after three years of supervised |
|---|
| 4233 | | - | 128.23experience as a case manager associate. |
|---|
| 4234 | | - | 128.24 (k) Case manager associates must meet the following supervision, mentoring, and |
|---|
| 4235 | | - | 128.25continuing education requirements; |
|---|
| 4236 | | - | 128.26 (1) have 40 hours of preservice training described under paragraph (f), clause (1); |
|---|
| 4237 | | - | 128.27 (2) receive at least 40 hours of continuing education in severe emotional disturbance |
|---|
| 4238 | | - | 128.28and mental health service annually; and |
|---|
| 4239 | | - | 128.29 (3) receive at least five hours of mentoring per week from a case management mentor. |
|---|
| 4240 | | - | 128.30A "case management mentor" means a qualified, practicing case manager or case management |
|---|
| 4241 | | - | 128.31supervisor who teaches or advises and provides intensive training and clinical supervision |
|---|
| 4242 | | - | 128Article 4 Sec. 11. |
|---|
| 4243 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 129.1to one or more case manager associates. Mentoring may occur while providing direct services |
|---|
| 4244 | | - | 129.2to consumers in the office or in the field and may be provided to individuals or groups of |
|---|
| 4245 | | - | 129.3case manager associates. At least two mentoring hours per week must be individual and |
|---|
| 4246 | | - | 129.4face-to-face. |
|---|
| 4247 | | - | 129.5 (l) A case management supervisor must meet the criteria for a mental health professional |
|---|
| 4248 | | - | 129.6as specified in subdivision 27. |
|---|
| 4249 | | - | 129.7 (m) An immigrant who does not have the qualifications specified in this subdivision |
|---|
| 4250 | | - | 129.8may provide case management services to child immigrants with severe emotional |
|---|
| 4251 | | - | 129.9disturbance of the same ethnic group as the immigrant if the person: |
|---|
| 4252 | | - | 129.10 (1) is currently enrolled in and is actively pursuing credits toward the completion of a |
|---|
| 4253 | | - | 129.11bachelor's degree in one of the behavioral sciences or related fields at an accredited college |
|---|
| 4254 | | - | 129.12or university; |
|---|
| 4255 | | - | 129.13 (2) completes 40 hours of training as specified in this subdivision; and |
|---|
| 4256 | | - | 129.14 (3) receives clinical supervision at least once a week until the requirements of obtaining |
|---|
| 4257 | | - | 129.15a bachelor's degree and 2,000 hours of supervised experience are met. |
|---|
| 4258 | | - | 129.16 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 4259 | | - | 129.17Sec. 12. Minnesota Statutes 2024, section 245.4871, subdivision 5, is amended to read: |
|---|
| 4260 | | - | 129.18 Subd. 5.Child."Child" means a person under 18 years of age, or a person at least 18 |
|---|
| 4261 | | - | 129.19years of age and under 21 years of age receiving mental health transition services under |
|---|
| 4262 | | - | 129.20section 245.4875, subdivision 8. |
|---|
| 4263 | | - | 129.21Sec. 13. Minnesota Statutes 2024, section 245.4871, is amended by adding a subdivision |
|---|
| 4264 | | - | 129.22to read: |
|---|
| 4265 | | - | 129.23 Subd. 7a.Clinical supervision."Clinical supervision" means the oversight responsibility |
|---|
| 4266 | | - | 129.24for individual treatment plans and individual mental health service delivery, including |
|---|
| 4267 | | - | 129.25oversight provided by the case manager. Clinical supervision must be provided by a mental |
|---|
| 4268 | | - | 129.26health professional. The supervising mental health professional must cosign an individual |
|---|
| 4269 | | - | 129.27treatment plan and the mental health professional's name must be documented in the client's |
|---|
| 4270 | | - | 129.28record. |
|---|
| 4271 | | - | 129.29Sec. 14. Minnesota Statutes 2024, section 245.4871, subdivision 31, is amended to read: |
|---|
| 4272 | | - | 129.30 Subd. 31.Professional home-based family treatment.(a) "Professional home-based |
|---|
| 4273 | | - | 129.31family treatment" means intensive mental health services provided to children because of |
|---|
| 4274 | | - | 129Article 4 Sec. 14. |
|---|
| 4275 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 130.1an emotional disturbance a mental illness: (1) who are at risk of out-of-home placement |
|---|
| 4276 | | - | 130.2residential treatment or therapeutic foster care; (2) who are in out-of-home placement |
|---|
| 4277 | | - | 130.3residential treatment or therapeutic foster care; or (3) who are returning from out-of-home |
|---|
| 4278 | | - | 130.4placement residential treatment or therapeutic foster care. |
|---|
| 4279 | | - | 130.5 (b) Services are provided to the child and the child's family primarily in the child's home |
|---|
| 4280 | | - | 130.6environment. Services may also be provided in the child's school, child care setting, or other |
|---|
| 4281 | | - | 130.7community setting appropriate to the child. Services must be provided on an individual |
|---|
| 4282 | | - | 130.8family basis, must be child-oriented and family-oriented, and must be designed using |
|---|
| 4283 | | - | 130.9information from diagnostic and functional assessments to meet the specific mental health |
|---|
| 4284 | | - | 130.10needs of the child and the child's family. Services must be coordinated with other services |
|---|
| 4285 | | - | 130.11provided to the child and family. |
|---|
| 4286 | | - | 130.12 (c) Examples of services are: (1) individual therapy; (2) family therapy; (3) client |
|---|
| 4287 | | - | 130.13outreach; (4) assistance in developing individual living skills; (5) assistance in developing |
|---|
| 4288 | | - | 130.14parenting skills necessary to address the needs of the child; (6) assistance with leisure and |
|---|
| 4289 | | - | 130.15recreational services; (7) crisis planning, including crisis respite care and arranging for crisis |
|---|
| 4290 | | - | 130.16placement; and (8) assistance in locating respite and child care. Services must be coordinated |
|---|
| 4291 | | - | 130.17with other services provided to the child and family. |
|---|
| 4292 | | - | 130.18Sec. 15. Minnesota Statutes 2024, section 245.4874, subdivision 1, is amended to read: |
|---|
| 4293 | | - | 130.19 Subdivision 1.Duties of county board.(a) The county board must: |
|---|
| 4294 | | - | 130.20 (1) develop a system of affordable and locally available children's mental health services |
|---|
| 4295 | | - | 130.21according to sections 245.487 to 245.4889; |
|---|
| 4296 | | - | 130.22 (2) consider the assessment of unmet needs in the county as reported by the local |
|---|
| 4297 | | - | 130.23children's mental health advisory council under section 245.4875, subdivision 5, paragraph |
|---|
| 4298 | | - | 130.24(b), clause (3). The county shall provide, upon request of the local children's mental health |
|---|
| 4299 | | - | 130.25advisory council, readily available data to assist in the determination of unmet needs; |
|---|
| 4300 | | - | 130.26 (3) assure that parents and providers in the county receive information about how to |
|---|
| 4301 | | - | 130.27gain access to services provided according to sections 245.487 to 245.4889; |
|---|
| 4302 | | - | 130.28 (4) coordinate the delivery of children's mental health services with services provided |
|---|
| 4303 | | - | 130.29by social services, education, corrections, health, and vocational agencies to improve the |
|---|
| 4304 | | - | 130.30availability of mental health services to children and the cost-effectiveness of their delivery; |
|---|
| 4305 | | - | 130.31 (5) assure that mental health services delivered according to sections 245.487 to 245.4889 |
|---|
| 4306 | | - | 130.32are delivered expeditiously and are appropriate to the child's diagnostic assessment and |
|---|
| 4307 | | - | 130.33individual treatment plan; |
|---|
| 4308 | | - | 130Article 4 Sec. 15. |
|---|
| 4309 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 131.1 (6) provide for case management services to each child with severe emotional disturbance |
|---|
| 4310 | | - | 131.2serious mental illness according to sections 245.486; 245.4871, subdivisions 3 and 4; and |
|---|
| 4311 | | - | 131.3245.4881, subdivisions 1, 3, and 5; |
|---|
| 4312 | | - | 131.4 (7) provide for screening of each child under section 245.4885 upon admission to a |
|---|
| 4313 | | - | 131.5residential treatment facility, acute care hospital inpatient treatment, or informal admission |
|---|
| 4314 | | - | 131.6to a regional treatment center; |
|---|
| 4315 | | - | 131.7 (8) prudently administer grants and purchase-of-service contracts that the county board |
|---|
| 4316 | | - | 131.8determines are necessary to fulfill its responsibilities under sections 245.487 to 245.4889; |
|---|
| 4317 | | - | 131.9 (9) assure that mental health professionals, mental health practitioners, and case managers |
|---|
| 4318 | | - | 131.10employed by or under contract to the county to provide mental health services are qualified |
|---|
| 4319 | | - | 131.11under section 245.4871; |
|---|
| 4320 | | - | 131.12 (10) assure that children's mental health services are coordinated with adult mental health |
|---|
| 4321 | | - | 131.13services specified in sections 245.461 to 245.486 so that a continuum of mental health |
|---|
| 4322 | | - | 131.14services is available to serve persons with mental illness, regardless of the person's age; |
|---|
| 4323 | | - | 131.15 (11) assure that culturally competent mental health consultants are used as necessary to |
|---|
| 4324 | | - | 131.16assist the county board in assessing and providing appropriate treatment for children of |
|---|
| 4325 | | - | 131.17cultural or racial minority heritage; and |
|---|
| 4326 | | - | 131.18 (12) consistent with section 245.486, arrange for or provide a children's mental health |
|---|
| 4327 | | - | 131.19screening for: |
|---|
| 4328 | | - | 131.20 (i) a child receiving child protective services; |
|---|
| 4329 | | - | 131.21 (ii) a child in out-of-home placement residential treatment or therapeutic foster care; |
|---|
| 4330 | | - | 131.22 (iii) a child for whom parental rights have been terminated; |
|---|
| 4331 | | - | 131.23 (iv) a child found to be delinquent; or |
|---|
| 4332 | | - | 131.24 (v) a child found to have committed a juvenile petty offense for the third or subsequent |
|---|
| 4333 | | - | 131.25time. |
|---|
| 4334 | | - | 131.26 A children's mental health screening is not required when a screening or diagnostic |
|---|
| 4335 | | - | 131.27assessment has been performed within the previous 180 days, or the child is currently under |
|---|
| 4336 | | - | 131.28the care of a mental health professional. |
|---|
| 4337 | | - | 131.29 (b) When a child is receiving protective services or is in out-of-home placement |
|---|
| 4338 | | - | 131.30residential treatment or foster care, the court or county agency must notify a parent or |
|---|
| 4339 | | - | 131.31guardian whose parental rights have not been terminated of the potential mental health |
|---|
| 4340 | | - | 131Article 4 Sec. 15. |
|---|
| 4341 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 132.1screening and the option to prevent the screening by notifying the court or county agency |
|---|
| 4342 | | - | 132.2in writing. |
|---|
| 4343 | | - | 132.3 (c) When a child is found to be delinquent or a child is found to have committed a |
|---|
| 4344 | | - | 132.4juvenile petty offense for the third or subsequent time, the court or county agency must |
|---|
| 4345 | | - | 132.5obtain written informed consent from the parent or legal guardian before a screening is |
|---|
| 4346 | | - | 132.6conducted unless the court, notwithstanding the parent's failure to consent, determines that |
|---|
| 4347 | | - | 132.7the screening is in the child's best interest. |
|---|
| 4348 | | - | 132.8 (d) The screening shall be conducted with a screening instrument approved by the |
|---|
| 4349 | | - | 132.9commissioner of human services according to criteria that are updated and issued annually |
|---|
| 4350 | | - | 132.10to ensure that approved screening instruments are valid and useful for child welfare and |
|---|
| 4351 | | - | 132.11juvenile justice populations. Screenings shall be conducted by a mental health practitioner |
|---|
| 4352 | | - | 132.12as defined in section 245.4871, subdivision 26, or a probation officer or local social services |
|---|
| 4353 | | - | 132.13agency staff person who is trained in the use of the screening instrument. Training in the |
|---|
| 4354 | | - | 132.14use of the instrument shall include: |
|---|
| 4355 | | - | 132.15 (1) training in the administration of the instrument; |
|---|
| 4356 | | - | 132.16 (2) the interpretation of its validity given the child's current circumstances; |
|---|
| 4357 | | - | 132.17 (3) the state and federal data practices laws and confidentiality standards; |
|---|
| 4358 | | - | 132.18 (4) the parental consent requirement; and |
|---|
| 4359 | | - | 132.19 (5) providing respect for families and cultural values. |
|---|
| 4360 | | - | 132.20 If the screen indicates a need for assessment, the child's family, or if the family lacks |
|---|
| 4361 | | - | 132.21mental health insurance, the local social services agency, in consultation with the child's |
|---|
| 4362 | | - | 132.22family, shall have conducted a diagnostic assessment, including a functional assessment. |
|---|
| 4363 | | - | 132.23The administration of the screening shall safeguard the privacy of children receiving the |
|---|
| 4364 | | - | 132.24screening and their families and shall comply with the Minnesota Government Data Practices |
|---|
| 4365 | | - | 132.25Act, chapter 13, and the federal Health Insurance Portability and Accountability Act of |
|---|
| 4366 | | - | 132.261996, Public Law 104-191. Screening results are classified as private data on individuals, |
|---|
| 4367 | | - | 132.27as defined by section 13.02, subdivision 12. The county board or Tribal nation may provide |
|---|
| 4368 | | - | 132.28the commissioner with access to the screening results for the purposes of program evaluation |
|---|
| 4369 | | - | 132.29and improvement. |
|---|
| 4370 | | - | 132.30 (e) When the county board refers clients to providers of children's therapeutic services |
|---|
| 4371 | | - | 132.31and supports under section 256B.0943, the county board must clearly identify the desired |
|---|
| 4372 | | - | 132.32services components not covered under section 256B.0943 and identify the reimbursement |
|---|
| 4373 | | - | 132Article 4 Sec. 15. |
|---|
| 4374 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 133.1source for those requested services, the method of payment, and the payment rate to the |
|---|
| 4375 | | - | 133.2provider. |
|---|
| 4376 | | - | 133.3Sec. 16. Minnesota Statutes 2024, section 245.4881, subdivision 3, is amended to read: |
|---|
| 4377 | | - | 133.4 Subd. 3.Duties of case manager.(a) Upon a determination of eligibility for case |
|---|
| 4378 | | - | 133.5management services, the case manager shall develop an individual family community |
|---|
| 4379 | | - | 133.6support plan for a child as specified in subdivision 4, review the child's progress, and monitor |
|---|
| 4380 | | - | 133.7the provision of services, and, if the child and the child's parent or legal guardian consent, |
|---|
| 4381 | | - | 133.8complete a written functional assessment as defined in section 245.4871, subdivision 18a. |
|---|
| 4382 | | - | 133.9If services are to be provided in a host county that is not the county of financial responsibility, |
|---|
| 4383 | | - | 133.10the case manager shall consult with the host county and obtain a letter demonstrating the |
|---|
| 4384 | | - | 133.11concurrence of the host county regarding the provision of services. |
|---|
| 4385 | | - | 133.12 (b) The case manager shall note in the child's record the services needed by the child |
|---|
| 4386 | | - | 133.13and the child's family, the services requested by the family, services that are not available, |
|---|
| 4387 | | - | 133.14and the unmet needs of the child and child's family. The case manager shall note this |
|---|
| 4388 | | - | 133.15provision in the child's record. |
|---|
| 4389 | | - | 133.16Sec. 17. Minnesota Statutes 2024, section 245.4901, subdivision 3, is amended to read: |
|---|
| 4390 | | - | 133.17 Subd. 3.Allowable grant activities and related expenses.(a) Allowable grant activities |
|---|
| 4391 | | - | 133.18and related expenses may include but are not limited to: |
|---|
| 4392 | | - | 133.19 (1) identifying and diagnosing mental health conditions and substance use disorders of |
|---|
| 4393 | | - | 133.20students; |
|---|
| 4394 | | - | 133.21 (2) delivering mental health and substance use disorder treatment and services to students |
|---|
| 4395 | | - | 133.22and their families, including via telehealth consistent with section 256B.0625, subdivision |
|---|
| 4396 | | - | 133.233b; |
|---|
| 4397 | | - | 133.24 (3) supporting families in meeting their child's needs, including accessing needed mental |
|---|
| 4398 | | - | 133.25health services to support the child's parent in caregiving and navigating health care, social |
|---|
| 4399 | | - | 133.26service, and juvenile justice systems; |
|---|
| 4400 | | - | 133.27 (4) providing transportation for students receiving school-linked behavioral health |
|---|
| 4401 | | - | 133.28services when school is not in session; |
|---|
| 4402 | | - | 133.29 (5) building the capacity of schools to meet the needs of students with mental health and |
|---|
| 4403 | | - | 133.30substance use disorder concerns, including school staff development activities for licensed |
|---|
| 4404 | | - | 133.31and nonlicensed staff; and |
|---|
| 4405 | | - | 133Article 4 Sec. 17. |
|---|
| 4406 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 134.1 (6) purchasing equipment, connection charges, on-site coordination, set-up fees, and |
|---|
| 4407 | | - | 134.2site fees in order to deliver school-linked behavioral health services via telehealth. |
|---|
| 4408 | | - | 134.3 (b) Grantees shall obtain all available third-party reimbursement sources as a condition |
|---|
| 4409 | | - | 134.4of receiving a grant. For purposes of this grant program, a third-party reimbursement source |
|---|
| 4410 | | - | 134.5excludes a public school as defined in section 120A.20, subdivision 1. Grantees shall serve |
|---|
| 4411 | | - | 134.6students regardless of health coverage status or ability to pay. |
|---|
| 4412 | | - | 134.7Sec. 18. [245.4904] INTERMEDIATE SCHOOL DISTRICT BEHAVIORAL |
|---|
| 4413 | | - | 134.8HEALTH GRANT PROGRAM. |
|---|
| 4414 | | - | 134.9 Subdivision 1.Establishment.The commissioner of human services must establish a |
|---|
| 4415 | | - | 134.10grant program to improve behavioral health outcomes for youth attending a qualifying |
|---|
| 4416 | | - | 134.11school unit and to build the capacity of schools to support student and teacher needs in the |
|---|
| 4417 | | - | 134.12classroom. For the purposes of this section, "qualifying school unit" means an intermediate |
|---|
| 4418 | | - | 134.13school district organized under section 136D.01. |
|---|
| 4419 | | - | 134.14 Subd. 2.Eligible applicants.An eligible applicant is an intermediate school district |
|---|
| 4420 | | - | 134.15organized under section 136D.01 and a partner entity or provider that has demonstrated |
|---|
| 4421 | | - | 134.16capacity to serve the youth identified in subdivision 1 that is: |
|---|
| 4422 | | - | 134.17 (1) a mental health clinic certified under section 245I.20; |
|---|
| 4423 | | - | 134.18 (2) a community mental health center under section 256B.0625, subdivision 5; |
|---|
| 4424 | | - | 134.19 (3) an Indian health service facility or a facility owned and operated by a Tribe or Tribal |
|---|
| 4425 | | - | 134.20organization operating under United States Code, title 25, section 5321; |
|---|
| 4426 | | - | 134.21 (4) a provider of children's therapeutic services and supports as defined in section |
|---|
| 4427 | | - | 134.22256B.0943; |
|---|
| 4428 | | - | 134.23 (5) enrolled in medical assistance as a mental health or substance use disorder provider |
|---|
| 4429 | | - | 134.24agency and employs at least two full-time equivalent mental health professionals qualified |
|---|
| 4430 | | - | 134.25according to section 245I.04, subdivision 2, or two alcohol and drug counselors licensed or |
|---|
| 4431 | | - | 134.26exempt from licensure under chapter 148F who are qualified to provide clinical services to |
|---|
| 4432 | | - | 134.27children and families; |
|---|
| 4433 | | - | 134.28 (6) licensed under chapter 245G and in compliance with the applicable requirements in |
|---|
| 4434 | | - | 134.29chapters 245A, 245C, and 260E; section 626.557; and Minnesota Rules, chapter 9544; or |
|---|
| 4435 | | - | 134.30 (7) a licensed professional in private practice as defined in section 245G.01, subdivision |
|---|
| 4436 | | - | 134.3117, who meets the requirements of section 254B.05, subdivision 1, paragraph (b). |
|---|
| 4437 | | - | 134Article 4 Sec. 18. |
|---|
| 4438 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 135.1 Subd. 3.Allowable grant activities and related expenses.(a) Allowable grant activities |
|---|
| 4439 | | - | 135.2and related expenses include but are not limited to: |
|---|
| 4440 | | - | 135.3 (1) identifying mental health conditions and substance use disorders of students; |
|---|
| 4441 | | - | 135.4 (2) delivering mental health and substance use disorder treatment and supportive services |
|---|
| 4442 | | - | 135.5to students and their families within the classroom, including via telehealth consistent with |
|---|
| 4443 | | - | 135.6section 256B.0625, subdivision 3b; |
|---|
| 4444 | | - | 135.7 (3) delivering therapeutic interventions and customizing an array of supplementary |
|---|
| 4445 | | - | 135.8learning experiences for students; |
|---|
| 4446 | | - | 135.9 (4) supporting families in meeting their child's needs, including navigating health care, |
|---|
| 4447 | | - | 135.10social service, and juvenile justice systems; |
|---|
| 4448 | | - | 135.11 (5) providing transportation for students receiving behavioral health services when school |
|---|
| 4449 | | - | 135.12is not in session; |
|---|
| 4450 | | - | 135.13 (6) building the capacity of schools to meet the needs of students with mental health and |
|---|
| 4451 | | - | 135.14substance use disorder concerns, including school staff development activities for licensed |
|---|
| 4452 | | - | 135.15and nonlicensed staff; and |
|---|
| 4453 | | - | 135.16 (7) purchasing equipment, connection charges, on-site coordination, set-up fees, and |
|---|
| 4454 | | - | 135.17site fees in order to deliver school-linked behavioral health services via telehealth. |
|---|
| 4455 | | - | 135.18 (b) Grantees must obtain all available third-party reimbursement sources as a condition |
|---|
| 4456 | | - | 135.19of receiving grant money. For purposes of this grant program, a third-party reimbursement |
|---|
| 4457 | | - | 135.20source does not include a public school as defined in section 120A.20, subdivision 1. Grantees |
|---|
| 4458 | | - | 135.21shall serve students regardless of health coverage status or ability to pay. |
|---|
| 4459 | | - | 135.22 Subd. 4.Calculating the share of the appropriation.(a) Grants must be awarded to |
|---|
| 4460 | | - | 135.23qualifying school units proportionately. |
|---|
| 4461 | | - | 135.24 (b) The commissioner must calculate the share of the appropriation to be used in each |
|---|
| 4462 | | - | 135.25qualifying school unit by multiplying the total appropriation going to the grantees by the |
|---|
| 4463 | | - | 135.26qualifying school unit's average daily membership in a setting of federal instructional level |
|---|
| 4464 | | - | 135.274 or higher and then dividing the product by the total average daily membership in a setting |
|---|
| 4465 | | - | 135.28of federal instructional level 4 or higher for the same year for all qualifying school units. |
|---|
| 4466 | | - | 135.29 Subd. 5.Data collection and outcome measurement.Grantees must provide data to |
|---|
| 4467 | | - | 135.30the commissioner for the purpose of evaluating the intermediate school district behavioral |
|---|
| 4468 | | - | 135.31health innovation grant program. The commissioner must consult with grantees to develop |
|---|
| 4469 | | - | 135.32outcome measures for program capacity and performance. |
|---|
| 4470 | | - | 135Article 4 Sec. 18. |
|---|
| 4471 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 136.1Sec. 19. Minnesota Statutes 2024, section 245.4907, subdivision 3, is amended to read: |
|---|
| 4472 | | - | 136.2 Subd. 3.Allowable grant activities.Grantees must use grant funding to provide training |
|---|
| 4473 | | - | 136.3for mental health certified family peer specialists specialist candidates and continuing |
|---|
| 4474 | | - | 136.4education to certified family peer specialists as specified in section 256B.0616, subdivision |
|---|
| 4475 | | - | 136.55. |
|---|
| 4476 | | - | 136.6Sec. 20. Minnesota Statutes 2024, section 245.735, subdivision 3b, is amended to read: |
|---|
| 4477 | | - | 136.7 Subd. 3b.Exemptions to host county approval.Notwithstanding any other law that |
|---|
| 4478 | | - | 136.8requires a county contract or other form of county approval for a service listed in subdivision |
|---|
| 4479 | | - | 136.93, paragraph (d), clause (8), a CCBHC that meets the requirements of this section may enroll |
|---|
| 4480 | | - | 136.10as a provider of mental health crisis response services under section 256B.0624 and receive |
|---|
| 4481 | | - | 136.11the prospective payment under section 256B.0625, subdivision 5m, for that service without |
|---|
| 4482 | | - | 136.12a county contract or county approval. |
|---|
| 4483 | | - | 136.13Sec. 21. Minnesota Statutes 2024, section 245G.05, subdivision 1, is amended to read: |
|---|
| 4484 | | - | 136.14 Subdivision 1.Comprehensive assessment.(a) A comprehensive assessment of the |
|---|
| 4485 | | - | 136.15client's substance use disorder must be administered face-to-face by an alcohol and drug |
|---|
| 4486 | | - | 136.16counselor within five calendar days from the day of service initiation for a residential |
|---|
| 4487 | | - | 136.17program or by the end of the fifth day on which a treatment service is provided in a |
|---|
| 4488 | | - | 136.18nonresidential program. The number of days to complete the comprehensive assessment |
|---|
| 4489 | | - | 136.19excludes the day of service initiation. |
|---|
| 4490 | | - | 136.20 (b) A comprehensive assessment must be administered by: |
|---|
| 4491 | | - | 136.21 (1) an alcohol and drug counselor; |
|---|
| 4492 | | - | 136.22 (2) a mental health professional who meets the qualifications under section 245I.04, |
|---|
| 4493 | | - | 136.23subdivision 2, practices within the scope of their professional licensure, and has at least 12 |
|---|
| 4494 | | - | 136.24hours of training in substance use disorder and treatment; |
|---|
| 4495 | | - | 136.25 (3) a clinical trainee who meets the qualifications under section 245I.04, subdivision 6, |
|---|
| 4496 | | - | 136.26practicing under the supervision of a mental health professional who meets the requirements |
|---|
| 4497 | | - | 136.27of clause (2); or |
|---|
| 4498 | | - | 136.28 (4) an advanced practice registered nurse as defined in section 148.171, subdivision 3, |
|---|
| 4499 | | - | 136.29who practices within the scope of their professional licensure and has at least 12 hours of |
|---|
| 4500 | | - | 136.30training in substance use disorder and treatment. |
|---|
| 4501 | | - | 136Article 4 Sec. 21. |
|---|
| 4502 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 137.1 (c) If the comprehensive assessment is not completed within the required time frame, |
|---|
| 4503 | | - | 137.2the person-centered reason for the delay and the planned completion date must be documented |
|---|
| 4504 | | - | 137.3in the client's file. The comprehensive assessment is complete upon a qualified staff member's |
|---|
| 4505 | | - | 137.4dated signature. If the client received a comprehensive assessment that authorized the |
|---|
| 4506 | | - | 137.5treatment service, an alcohol and drug counselor a staff member qualified under paragraph |
|---|
| 4507 | | - | 137.6(b) may use the comprehensive assessment for requirements of this subdivision but must |
|---|
| 4508 | | - | 137.7document a review of the comprehensive assessment and update the comprehensive |
|---|
| 4509 | | - | 137.8assessment as clinically necessary to ensure compliance with this subdivision within |
|---|
| 4510 | | - | 137.9applicable timelines. An alcohol and drug counselor A staff member qualified under |
|---|
| 4511 | | - | 137.10paragraph (b) must sign and date the comprehensive assessment review and update. |
|---|
| 4512 | | - | 137.11Sec. 22. Minnesota Statutes 2024, section 245G.11, subdivision 7, is amended to read: |
|---|
| 4513 | | - | 137.12 Subd. 7.Treatment coordination provider qualifications.(a) Treatment coordination |
|---|
| 4514 | | - | 137.13must be provided by qualified staff. An individual is qualified to provide treatment |
|---|
| 4515 | | - | 137.14coordination if the individual meets the qualifications of an alcohol and drug counselor |
|---|
| 4516 | | - | 137.15under subdivision 5 or if the individual: |
|---|
| 4517 | | - | 137.16 (1) is skilled in the process of identifying and assessing a wide range of client needs; |
|---|
| 4518 | | - | 137.17 (2) is knowledgeable about local community resources and how to use those resources |
|---|
| 4519 | | - | 137.18for the benefit of the client; |
|---|
| 4520 | | - | 137.19 (3) has successfully completed 30 hours of classroom instruction on treatment |
|---|
| 4521 | | - | 137.20coordination for an individual with substance use disorder specific training on substance |
|---|
| 4522 | | - | 137.21use disorder and co-occurring disorders that is consistent with national evidence-based |
|---|
| 4523 | | - | 137.22practices; and |
|---|
| 4524 | | - | 137.23 (4) has either meets one of the following criteria: |
|---|
| 4525 | | - | 137.24 (i) has a bachelor's degree in one of the behavioral sciences or related fields and at least |
|---|
| 4526 | | - | 137.251,000 hours of supervised experience working with individuals with substance use disorder; |
|---|
| 4527 | | - | 137.26or |
|---|
| 4528 | | - | 137.27 (ii) has current certification as an alcohol and drug counselor, level I, by the Upper |
|---|
| 4529 | | - | 137.28Midwest Indian Council on Addictive Disorders; and or |
|---|
| 4530 | | - | 137.29 (iii) is a mental health practitioner who meets the qualifications under section 245I.04, |
|---|
| 4531 | | - | 137.30subdivision 4. |
|---|
| 4532 | | - | 137.31 (5) has at least 2,000 hours of supervised experience working with individuals with |
|---|
| 4533 | | - | 137.32substance use disorder. |
|---|
| 4534 | | - | 137Article 4 Sec. 22. |
|---|
| 4535 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 138.1 (b) A treatment coordinator must receive at least one hour of supervision regarding |
|---|
| 4536 | | - | 138.2individual service delivery from an alcohol and drug counselor, or a mental health |
|---|
| 4537 | | - | 138.3professional who has substance use treatment and assessments within the scope of their |
|---|
| 4538 | | - | 138.4practice, on a monthly basis. |
|---|
| 4539 | | - | 138.5Sec. 23. Minnesota Statutes 2024, section 245I.05, subdivision 3, is amended to read: |
|---|
| 4540 | | - | 138.6 Subd. 3.Initial training.(a) A staff person must receive training about: |
|---|
| 4541 | | - | 138.7 (1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and |
|---|
| 4542 | | - | 138.8 (2) the maltreatment of minor reporting requirements and definitions in chapter 260E |
|---|
| 4543 | | - | 138.9within 72 hours of first providing direct contact services to a client. |
|---|
| 4544 | | - | 138.10 (b) Before providing direct contact services to a client, a staff person must receive training |
|---|
| 4545 | | - | 138.11about: |
|---|
| 4546 | | - | 138.12 (1) client rights and protections under section 245I.12; |
|---|
| 4547 | | - | 138.13 (2) the Minnesota Health Records Act, including client confidentiality, family engagement |
|---|
| 4548 | | - | 138.14under section 144.294, and client privacy; |
|---|
| 4549 | | - | 138.15 (3) emergency procedures that the staff person must follow when responding to a fire, |
|---|
| 4550 | | - | 138.16inclement weather, a report of a missing person, and a behavioral or medical emergency; |
|---|
| 4551 | | - | 138.17 (4) specific activities and job functions for which the staff person is responsible, including |
|---|
| 4552 | | - | 138.18the license holder's program policies and procedures applicable to the staff person's position; |
|---|
| 4553 | | - | 138.19 (5) professional boundaries that the staff person must maintain; and |
|---|
| 4554 | | - | 138.20 (6) specific needs of each client to whom the staff person will be providing direct contact |
|---|
| 4555 | | - | 138.21services, including each client's developmental status, cognitive functioning, and physical |
|---|
| 4556 | | - | 138.22and mental abilities. |
|---|
| 4557 | | - | 138.23 (c) Before providing direct contact services to a client, a mental health rehabilitation |
|---|
| 4558 | | - | 138.24worker, mental health behavioral aide, or mental health practitioner required to receive the |
|---|
| 4559 | | - | 138.25training according to section 245I.04, subdivision 4, must receive 30 hours of training about: |
|---|
| 4560 | | - | 138.26 (1) mental illnesses; |
|---|
| 4561 | | - | 138.27 (2) client recovery and resiliency; |
|---|
| 4562 | | - | 138.28 (3) mental health de-escalation techniques; |
|---|
| 4563 | | - | 138.29 (4) co-occurring mental illness and substance use disorders; and |
|---|
| 4564 | | - | 138.30 (5) psychotropic medications and medication side effects, including tardive dyskinesia. |
|---|
| 4565 | | - | 138Article 4 Sec. 23. |
|---|
| 4566 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 139.1 (d) Within 90 days of first providing direct contact services to an adult client, mental |
|---|
| 4567 | | - | 139.2health practitioner, mental health certified peer specialist, or mental health rehabilitation |
|---|
| 4568 | | - | 139.3worker must receive training about: |
|---|
| 4569 | | - | 139.4 (1) trauma-informed care and secondary trauma; |
|---|
| 4570 | | - | 139.5 (2) person-centered individual treatment plans, including seeking partnerships with |
|---|
| 4571 | | - | 139.6family and other natural supports; |
|---|
| 4572 | | - | 139.7 (3) co-occurring substance use disorders; and |
|---|
| 4573 | | - | 139.8 (4) culturally responsive treatment practices. |
|---|
| 4574 | | - | 139.9 (e) Within 90 days of first providing direct contact services to a child client, mental |
|---|
| 4575 | | - | 139.10health practitioner, mental health certified family peer specialist, mental health certified |
|---|
| 4576 | | - | 139.11peer specialist, or mental health behavioral aide must receive training about the topics in |
|---|
| 4577 | | - | 139.12clauses (1) to (5). This training must address the developmental characteristics of each child |
|---|
| 4578 | | - | 139.13served by the license holder and address the needs of each child in the context of the child's |
|---|
| 4579 | | - | 139.14family, support system, and culture. Training topics must include: |
|---|
| 4580 | | - | 139.15 (1) trauma-informed care and secondary trauma, including adverse childhood experiences |
|---|
| 4581 | | - | 139.16(ACEs); |
|---|
| 4582 | | - | 139.17 (2) family-centered treatment plan development, including seeking partnership with a |
|---|
| 4583 | | - | 139.18child client's family and other natural supports; |
|---|
| 4584 | | - | 139.19 (3) mental illness and co-occurring substance use disorders in family systems; |
|---|
| 4585 | | - | 139.20 (4) culturally responsive treatment practices; and |
|---|
| 4586 | | - | 139.21 (5) child development, including cognitive functioning, and physical and mental abilities. |
|---|
| 4587 | | - | 139.22 (f) For a mental health behavioral aide, the training under paragraph (e) must include |
|---|
| 4588 | | - | 139.23parent team training using a curriculum approved by the commissioner. |
|---|
| 4589 | | - | 139.24Sec. 24. Minnesota Statutes 2024, section 245I.05, subdivision 5, is amended to read: |
|---|
| 4590 | | - | 139.25 Subd. 5.Additional training for medication administration.(a) Prior to administering |
|---|
| 4591 | | - | 139.26medications to a client under delegated authority or observing a client self-administer |
|---|
| 4592 | | - | 139.27medications, a staff person who is not a licensed prescriber, registered nurse, or licensed |
|---|
| 4593 | | - | 139.28practical nurse qualified under section 148.171, subdivision 8, must receive training about |
|---|
| 4594 | | - | 139.29psychotropic medications, side effects including tardive dyskinesia, and medication |
|---|
| 4595 | | - | 139.30management. |
|---|
| 4596 | | - | 139Article 4 Sec. 24. |
|---|
| 4597 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 140.1 (b) Prior to administering medications to a client under delegated authority, a staff person |
|---|
| 4598 | | - | 140.2must successfully complete a: |
|---|
| 4599 | | - | 140.3 (1) medication administration training program for unlicensed personnel through an |
|---|
| 4600 | | - | 140.4accredited Minnesota postsecondary educational institution with completion of the course |
|---|
| 4601 | | - | 140.5documented in writing and placed in the staff person's personnel file; or |
|---|
| 4602 | | - | 140.6 (2) formalized training program taught by a registered nurse or licensed prescriber that |
|---|
| 4603 | | - | 140.7is offered by the license holder. A staff person's successful completion of the formalized |
|---|
| 4604 | | - | 140.8training program must include direct observation of the staff person to determine the staff |
|---|
| 4605 | | - | 140.9person's areas of competency. |
|---|
| 4606 | | - | 140.10Sec. 25. Minnesota Statutes 2024, section 245I.06, subdivision 3, is amended to read: |
|---|
| 4607 | | - | 140.11 Subd. 3.Treatment supervision and direct observation of mental health |
|---|
| 4608 | | - | 140.12rehabilitation workers and mental health behavioral aides.(a) A mental health behavioral |
|---|
| 4609 | | - | 140.13aide or a mental health rehabilitation worker must receive direct observation from a mental |
|---|
| 4610 | | - | 140.14health professional, clinical trainee, certified rehabilitation specialist, or mental health |
|---|
| 4611 | | - | 140.15practitioner while the mental health behavioral aide or mental health rehabilitation worker |
|---|
| 4612 | | - | 140.16provides treatment services to clients, no less than twice per month for the first six months |
|---|
| 4613 | | - | 140.17of employment and once per month thereafter. The staff person performing the direct |
|---|
| 4614 | | - | 140.18observation must approve of the progress note for the observed treatment service twice per |
|---|
| 4615 | | - | 140.19month for the first six months of employment and as needed and identified in a supervision |
|---|
| 4616 | | - | 140.20plan thereafter. Approval may be given through an attestation that is stored in the employee |
|---|
| 4617 | | - | 140.21file. |
|---|
| 4618 | | - | 140.22 (b) For a mental health rehabilitation worker qualified under section 245I.04, subdivision |
|---|
| 4619 | | - | 140.2314, paragraph (a), clause (2), item (i), treatment supervision in the first 2,000 hours of work |
|---|
| 4620 | | - | 140.24must at a minimum consist of: |
|---|
| 4621 | | - | 140.25 (1) monthly individual supervision; and |
|---|
| 4622 | | - | 140.26 (2) direct observation twice per month. |
|---|
| 4623 | | - | 140.27Sec. 26. Minnesota Statutes 2024, section 245I.11, subdivision 5, is amended to read: |
|---|
| 4624 | | - | 140.28 Subd. 5.Medication administration in residential programs.If a license holder is |
|---|
| 4625 | | - | 140.29licensed as a residential program, the license holder must: |
|---|
| 4626 | | - | 140.30 (1) assess and document each client's ability to self-administer medication. In the |
|---|
| 4627 | | - | 140.31assessment, the license holder must evaluate the client's ability to: (i) comply with prescribed |
|---|
| 4628 | | - | 140.32medication regimens; and (ii) store the client's medications safely and in a manner that |
|---|
| 4629 | | - | 140Article 4 Sec. 26. |
|---|
| 4630 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 141.1protects other individuals in the facility. Through the assessment process, the license holder |
|---|
| 4631 | | - | 141.2must assist the client in developing the skills necessary to safely self-administer medication; |
|---|
| 4632 | | - | 141.3 (2) monitor the effectiveness of medications, side effects of medications, and adverse |
|---|
| 4633 | | - | 141.4reactions to medications, including symptoms and signs of tardive dyskinesia, for each |
|---|
| 4634 | | - | 141.5client. The license holder must address and document any concerns about a client's |
|---|
| 4635 | | - | 141.6medications; |
|---|
| 4636 | | - | 141.7 (3) ensure that no staff person or client gives a legend drug supply for one client to |
|---|
| 4637 | | - | 141.8another client; |
|---|
| 4638 | | - | 141.9 (4) have policies and procedures for: (i) keeping a record of each client's medication |
|---|
| 4639 | | - | 141.10orders; (ii) keeping a record of any incident of deferring a client's medications; (iii) |
|---|
| 4640 | | - | 141.11documenting any incident when a client's medication is omitted; and (iv) documenting when |
|---|
| 4641 | | - | 141.12a client refuses to take medications as prescribed; and |
|---|
| 4642 | | - | 141.13 (5) document and track medication errors, document whether the license holder notified |
|---|
| 4643 | | - | 141.14anyone about the medication error, determine if the license holder must take any follow-up |
|---|
| 4644 | | - | 141.15actions, and identify the staff persons who are responsible for taking follow-up actions. |
|---|
| 4645 | | - | 141.16Sec. 27. Minnesota Statutes 2024, section 245I.12, subdivision 5, is amended to read: |
|---|
| 4646 | | - | 141.17 Subd. 5.Client grievances.(a) The license holder must have a grievance procedure |
|---|
| 4647 | | - | 141.18that: |
|---|
| 4648 | | - | 141.19 (1) describes to clients how the license holder will meet the requirements in this |
|---|
| 4649 | | - | 141.20subdivision; and |
|---|
| 4650 | | - | 141.21 (2) contains the current public contact information of the Department of Human Services, |
|---|
| 4651 | | - | 141.22Licensing Division; the Office of Ombudsman for Mental Health and Developmental |
|---|
| 4652 | | - | 141.23Disabilities; the Department of Health, Office of Health Facilities Complaints; and all |
|---|
| 4653 | | - | 141.24applicable health-related licensing boards. |
|---|
| 4654 | | - | 141.25 (b) On the day of each client's admission, the license holder must explain the grievance |
|---|
| 4655 | | - | 141.26procedure to the client. |
|---|
| 4656 | | - | 141.27 (c) The license holder must: |
|---|
| 4657 | | - | 141.28 (1) post the grievance procedure in a place visible to clients and provide a copy of the |
|---|
| 4658 | | - | 141.29grievance procedure upon request; |
|---|
| 4659 | | - | 141.30 (2) allow clients, former clients, and their authorized representatives to submit a grievance |
|---|
| 4660 | | - | 141.31to the license holder; |
|---|
| 4661 | | - | 141Article 4 Sec. 27. |
|---|
| 4662 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 142.1 (3) within three business days of receiving a client's grievance, acknowledge in writing |
|---|
| 4663 | | - | 142.2that the license holder received the client's grievance. If applicable, the license holder must |
|---|
| 4664 | | - | 142.3include a notice of the client's separate appeal rights for a managed care organization's |
|---|
| 4665 | | - | 142.4reduction, termination, or denial of a covered service; |
|---|
| 4666 | | - | 142.5 (4) within 15 business days of receiving a client's grievance, provide a written final |
|---|
| 4667 | | - | 142.6response to the client's grievance containing the license holder's official response to the |
|---|
| 4668 | | - | 142.7grievance; and |
|---|
| 4669 | | - | 142.8 (5) allow the client to bring a grievance to the person with the highest level of authority |
|---|
| 4670 | | - | 142.9in the program. |
|---|
| 4671 | | - | 142.10 (d) Clients may voice grievances and recommend changes in policies and services to |
|---|
| 4672 | | - | 142.11staff and others of their choice, free from restraint, interference, coercion, discrimination, |
|---|
| 4673 | | - | 142.12or reprisal, including threat of discharge. |
|---|
| 4674 | | - | 142.13Sec. 28. Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read: |
|---|
| 4675 | | - | 142.14 Subdivision 1.Licensure or certification required.(a) Programs licensed by the |
|---|
| 4676 | | - | 142.15commissioner are eligible vendors. Hospitals may apply for and receive licenses to be |
|---|
| 4677 | | - | 142.16eligible vendors, notwithstanding the provisions of section 245A.03. American Indian |
|---|
| 4678 | | - | 142.17programs that provide substance use disorder treatment, extended care, transitional residence, |
|---|
| 4679 | | - | 142.18or outpatient treatment services, and are licensed by tribal government are eligible vendors. |
|---|
| 4680 | | - | 142.19 (b) A licensed professional in private practice as defined in section 245G.01, subdivision |
|---|
| 4681 | | - | 142.2017, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible |
|---|
| 4682 | | - | 142.21vendor of a comprehensive assessment provided according to section 254A.19, subdivision |
|---|
| 4683 | | - | 142.223, and treatment services provided according to sections 245G.06 and 245G.07, subdivision |
|---|
| 4684 | | - | 142.231, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6). |
|---|
| 4685 | | - | 142.24 (c) A county is an eligible vendor for a comprehensive assessment when provided by |
|---|
| 4686 | | - | 142.25an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5, |
|---|
| 4687 | | - | 142.26and completed according to the requirements of section 254A.19, subdivision 3. A county |
|---|
| 4688 | | - | 142.27is an eligible vendor of care coordination services when provided by an individual who |
|---|
| 4689 | | - | 142.28meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided |
|---|
| 4690 | | - | 142.29according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5). |
|---|
| 4691 | | - | 142.30A county is an eligible vendor of peer recovery services when the services are provided by |
|---|
| 4692 | | - | 142.31an individual who meets the requirements of section 245G.11, subdivision 8. |
|---|
| 4693 | | - | 142.32 (d) A recovery community organization that meets the requirements of clauses (1) to |
|---|
| 4694 | | - | 142.33(14) and meets certification or accreditation requirements of the Alliance for Recovery |
|---|
| 4695 | | - | 142Article 4 Sec. 28. |
|---|
| 4696 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 143.1Centered Organizations, the Council on Accreditation of Peer Recovery Support Services, |
|---|
| 4697 | | - | 143.2or a Minnesota statewide recovery organization identified by the commissioner Minnesota |
|---|
| 4698 | | - | 143.3Alliance of Recovery Community Organizations is an eligible vendor of peer recovery |
|---|
| 4699 | | - | 143.4support services. A Minnesota statewide recovery organization identified by the |
|---|
| 4700 | | - | 143.5commissioner must update recovery community organization applicants for certification or |
|---|
| 4701 | | - | 143.6accreditation on the status of the application within 45 days of receipt. If the approved |
|---|
| 4702 | | - | 143.7statewide recovery organization denies an application, it must provide a written explanation |
|---|
| 4703 | | - | 143.8for the denial to the recovery community organization. Eligible vendors under this paragraph |
|---|
| 4704 | | - | 143.9must: |
|---|
| 4705 | | - | 143.10 (1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be |
|---|
| 4706 | | - | 143.11free from conflicting self-interests, and be autonomous in decision-making, program |
|---|
| 4707 | | - | 143.12development, peer recovery support services provided, and advocacy efforts for the purpose |
|---|
| 4708 | | - | 143.13of supporting the recovery community organization's mission; |
|---|
| 4709 | | - | 143.14 (2) be led and governed by individuals in the recovery community, with more than 50 |
|---|
| 4710 | | - | 143.15percent of the board of directors or advisory board members self-identifying as people in |
|---|
| 4711 | | - | 143.16personal recovery from substance use disorders; |
|---|
| 4712 | | - | 143.17 (3) have a mission statement and conduct corresponding activities indicating that the |
|---|
| 4713 | | - | 143.18organization's primary purpose is to support recovery from substance use disorder; |
|---|
| 4714 | | - | 143.19 (4) demonstrate ongoing community engagement with the identified primary region and |
|---|
| 4715 | | - | 143.20population served by the organization, including individuals in recovery and their families, |
|---|
| 4716 | | - | 143.21friends, and recovery allies; |
|---|
| 4717 | | - | 143.22 (5) be accountable to the recovery community through documented priority-setting and |
|---|
| 4718 | | - | 143.23participatory decision-making processes that promote the engagement of, and consultation |
|---|
| 4719 | | - | 143.24with, people in recovery and their families, friends, and recovery allies; |
|---|
| 4720 | | - | 143.25 (6) provide nonclinical peer recovery support services, including but not limited to |
|---|
| 4721 | | - | 143.26recovery support groups, recovery coaching, telephone recovery support, skill-building, |
|---|
| 4722 | | - | 143.27and harm-reduction activities, and provide recovery public education and advocacy; |
|---|
| 4723 | | - | 143.28 (7) have written policies that allow for and support opportunities for all paths toward |
|---|
| 4724 | | - | 143.29recovery and refrain from excluding anyone based on their chosen recovery path, which |
|---|
| 4725 | | - | 143.30may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based |
|---|
| 4726 | | - | 143.31paths; |
|---|
| 4727 | | - | 143.32 (8) maintain organizational practices to meet the needs of Black, Indigenous, and people |
|---|
| 4728 | | - | 143.33of color communities, LGBTQ+ communities, and other underrepresented or marginalized |
|---|
| 4729 | | - | 143Article 4 Sec. 28. |
|---|
| 4730 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 144.1communities. Organizational practices may include board and staff training, service offerings, |
|---|
| 4731 | | - | 144.2advocacy efforts, and culturally informed outreach and services; |
|---|
| 4732 | | - | 144.3 (9) use recovery-friendly language in all media and written materials that is supportive |
|---|
| 4733 | | - | 144.4of and promotes recovery across diverse geographical and cultural contexts and reduces |
|---|
| 4734 | | - | 144.5stigma; |
|---|
| 4735 | | - | 144.6 (10) establish and maintain a publicly available recovery community organization code |
|---|
| 4736 | | - | 144.7of ethics and grievance policy and procedures; |
|---|
| 4737 | | - | 144.8 (11) not classify or treat any recovery peer hired on or after July 1, 2024, as an |
|---|
| 4738 | | - | 144.9independent contractor; |
|---|
| 4739 | | - | 144.10 (12) not classify or treat any recovery peer as an independent contractor on or after |
|---|
| 4740 | | - | 144.11January 1, 2025; |
|---|
| 4741 | | - | 144.12 (13) provide an orientation for recovery peers that includes an overview of the consumer |
|---|
| 4742 | | - | 144.13advocacy services provided by the Ombudsman for Mental Health and Developmental |
|---|
| 4743 | | - | 144.14Disabilities and other relevant advocacy services; and |
|---|
| 4744 | | - | 144.15 (14) provide notice to peer recovery support services participants that includes the |
|---|
| 4745 | | - | 144.16following statement: "If you have a complaint about the provider or the person providing |
|---|
| 4746 | | - | 144.17your peer recovery support services, you may contact the Minnesota Alliance of Recovery |
|---|
| 4747 | | - | 144.18Community Organizations. You may also contact the Office of Ombudsman for Mental |
|---|
| 4748 | | - | 144.19Health and Developmental Disabilities." The statement must also include: |
|---|
| 4749 | | - | 144.20 (i) the telephone number, website address, email address, and mailing address of the |
|---|
| 4750 | | - | 144.21Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman |
|---|
| 4751 | | - | 144.22for Mental Health and Developmental Disabilities; |
|---|
| 4752 | | - | 144.23 (ii) the recovery community organization's name, address, email, telephone number, and |
|---|
| 4753 | | - | 144.24name or title of the person at the recovery community organization to whom problems or |
|---|
| 4754 | | - | 144.25complaints may be directed; and |
|---|
| 4755 | | - | 144.26 (iii) a statement that the recovery community organization will not retaliate against a |
|---|
| 4756 | | - | 144.27peer recovery support services participant because of a complaint; and |
|---|
| 4757 | | - | 144.28 (15) comply with the requirements of section 245A.04, subdivision 15a. |
|---|
| 4758 | | - | 144.29 (e) A recovery community organization approved by the commissioner before June 30, |
|---|
| 4759 | | - | 144.302023, must have begun the application process as required by an approved certifying or |
|---|
| 4760 | | - | 144.31accrediting entity and have begun the process to meet the requirements under paragraph (d) |
|---|
| 4761 | | - | 144Article 4 Sec. 28. |
|---|
| 4762 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 145.1by September 1, 2024, in order to be considered as an eligible vendor of peer recovery |
|---|
| 4763 | | - | 145.2support services. |
|---|
| 4764 | | - | 145.3 (f) A recovery community organization that is aggrieved by an accreditation, a |
|---|
| 4765 | | - | 145.4certification, or membership determination and believes it meets the requirements under |
|---|
| 4766 | | - | 145.5paragraph (d) may appeal the determination under section 256.045, subdivision 3, paragraph |
|---|
| 4767 | | - | 145.6(a), clause (14), for reconsideration as an eligible vendor. If the human services judge |
|---|
| 4768 | | - | 145.7determines that the recovery community organization meets the requirements under paragraph |
|---|
| 4769 | | - | 145.8(d), the recovery community organization is an eligible vendor of peer recovery support |
|---|
| 4770 | | - | 145.9services for up to two years from the date of the determination. After two years, the recovery |
|---|
| 4771 | | - | 145.10community organization must apply for certification under paragraph (d) to continue to be |
|---|
| 4772 | | - | 145.11an eligible vendor of peer recovery support services. |
|---|
| 4773 | | - | 145.12 (g) All recovery community organizations must be certified or accredited by an entity |
|---|
| 4774 | | - | 145.13listed in paragraph (d) by June 30, 2025. |
|---|
| 4775 | | - | 145.14 (h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to |
|---|
| 4776 | | - | 145.159530.6590, are not eligible vendors. Programs that are not licensed as a residential or |
|---|
| 4777 | | - | 145.16nonresidential substance use disorder treatment or withdrawal management program by the |
|---|
| 4778 | | - | 145.17commissioner or by tribal government or do not meet the requirements of subdivisions 1a |
|---|
| 4779 | | - | 145.18and 1b are not eligible vendors. |
|---|
| 4780 | | - | 145.19 (i) Hospitals, federally qualified health centers, and rural health clinics are eligible |
|---|
| 4781 | | - | 145.20vendors of a comprehensive assessment when the comprehensive assessment is completed |
|---|
| 4782 | | - | 145.21according to section 254A.19, subdivision 3, and by an individual who meets the criteria |
|---|
| 4783 | | - | 145.22of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol |
|---|
| 4784 | | - | 145.23and drug counselor must be individually enrolled with the commissioner and reported on |
|---|
| 4785 | | - | 145.24the claim as the individual who provided the service. |
|---|
| 4786 | | - | 145.25 (j) Any complaints about a recovery community organization or peer recovery support |
|---|
| 4787 | | - | 145.26services may be made to and reviewed or investigated by the ombudsperson for behavioral |
|---|
| 4788 | | - | 145.27health and developmental disabilities under sections 245.91 and 245.94. |
|---|
| 4789 | | - | 145.28Sec. 29. Minnesota Statutes 2024, section 254B.05, subdivision 5, is amended to read: |
|---|
| 4790 | | - | 145.29 Subd. 5.Rate requirements.(a) The commissioner shall establish rates for substance |
|---|
| 4791 | | - | 145.30use disorder services and service enhancements funded under this chapter. |
|---|
| 4792 | | - | 145.31 (b) Eligible substance use disorder treatment services include: |
|---|
| 4793 | | - | 145.32 (1) those licensed, as applicable, according to chapter 245G or applicable Tribal license |
|---|
| 4794 | | - | 145.33and provided according to the following ASAM levels of care: |
|---|
| 4795 | | - | 145Article 4 Sec. 29. |
|---|
| 4796 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 146.1 (i) ASAM level 0.5 early intervention services provided according to section 254B.19, |
|---|
| 4797 | | - | 146.2subdivision 1, clause (1); |
|---|
| 4798 | | - | 146.3 (ii) ASAM level 1.0 outpatient services provided according to section 254B.19, |
|---|
| 4799 | | - | 146.4subdivision 1, clause (2); |
|---|
| 4800 | | - | 146.5 (iii) ASAM level 2.1 intensive outpatient services provided according to section 254B.19, |
|---|
| 4801 | | - | 146.6subdivision 1, clause (3); |
|---|
| 4802 | | - | 146.7 (iv) ASAM level 2.5 partial hospitalization services provided according to section |
|---|
| 4803 | | - | 146.8254B.19, subdivision 1, clause (4); |
|---|
| 4804 | | - | 146.9 (v) ASAM level 3.1 clinically managed low-intensity residential services provided |
|---|
| 4805 | | - | 146.10according to section 254B.19, subdivision 1, clause (5). The commissioner shall use the |
|---|
| 4806 | | - | 146.11base payment rate of $79.84 per day for services provided under this item; |
|---|
| 4807 | | - | 146.12 (vi) ASAM level 3.1 clinically managed low-intensity residential services provided |
|---|
| 4808 | | - | 146.13according to section 254B.19, subdivision 1, clause (5), at 15 or more hours of skilled |
|---|
| 4809 | | - | 146.14treatment services each week. The commissioner shall use the base payment rate of $166.13 |
|---|
| 4810 | | - | 146.15per day for services provided under this item; |
|---|
| 4811 | | - | 146.16 (vii) ASAM level 3.3 clinically managed population-specific high-intensity residential |
|---|
| 4812 | | - | 146.17services provided according to section 254B.19, subdivision 1, clause (6). The commissioner |
|---|
| 4813 | | - | 146.18shall use the specified base payment rate of $224.06 per day for services provided under |
|---|
| 4814 | | - | 146.19this item; and |
|---|
| 4815 | | - | 146.20 (viii) ASAM level 3.5 clinically managed high-intensity residential services provided |
|---|
| 4816 | | - | 146.21according to section 254B.19, subdivision 1, clause (7). The commissioner shall use the |
|---|
| 4817 | | - | 146.22specified base payment rate of $224.06 per day for services provided under this item; |
|---|
| 4818 | | - | 146.23 (2) comprehensive assessments provided according to section 254A.19, subdivision 3; |
|---|
| 4819 | | - | 146.24 (3) treatment coordination services provided according to section 245G.07, subdivision |
|---|
| 4820 | | - | 146.251, paragraph (a), clause (5); |
|---|
| 4821 | | - | 146.26 (4) peer recovery support services provided according to section 245G.07, subdivision |
|---|
| 4822 | | - | 146.272, clause (8); |
|---|
| 4823 | | - | 146.28 (5) withdrawal management services provided according to chapter 245F; |
|---|
| 4824 | | - | 146.29 (6) hospital-based treatment services that are licensed according to sections 245G.01 to |
|---|
| 4825 | | - | 146.30245G.17 or applicable Tribal license and licensed as a hospital under sections 144.50 to |
|---|
| 4826 | | - | 146.31144.56; |
|---|
| 4827 | | - | 146Article 4 Sec. 29. |
|---|
| 4828 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 147.1 (7) substance use disorder treatment services with medications for opioid use disorder |
|---|
| 4829 | | - | 147.2provided in an opioid treatment program licensed according to sections 245G.01 to 245G.17 |
|---|
| 4830 | | - | 147.3and 245G.22, or under an applicable Tribal license; |
|---|
| 4831 | | - | 147.4 (8) medium-intensity residential treatment services that provide 15 hours of skilled |
|---|
| 4832 | | - | 147.5treatment services each week and are licensed according to sections 245G.01 to 245G.17 |
|---|
| 4833 | | - | 147.6and 245G.21 or applicable Tribal license; |
|---|
| 4834 | | - | 147.7 (9) adolescent treatment programs that are licensed as outpatient treatment programs |
|---|
| 4835 | | - | 147.8according to sections 245G.01 to 245G.18 or as residential treatment programs according |
|---|
| 4836 | | - | 147.9to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or |
|---|
| 4837 | | - | 147.10applicable Tribal license; |
|---|
| 4838 | | - | 147.11 (10) ASAM 3.5 clinically managed high-intensity residential services that are licensed |
|---|
| 4839 | | - | 147.12according to sections 245G.01 to 245G.17 and 245G.21 or applicable Tribal license, which |
|---|
| 4840 | | - | 147.13provide ASAM level of care 3.5 according to section 254B.19, subdivision 1, clause (7), |
|---|
| 4841 | | - | 147.14and are provided by a state-operated vendor or to clients who have been civilly committed |
|---|
| 4842 | | - | 147.15to the commissioner, present the most complex and difficult care needs, and are a potential |
|---|
| 4843 | | - | 147.16threat to the community; and |
|---|
| 4844 | | - | 147.17 (11) room and board facilities that meet the requirements of subdivision 1a. |
|---|
| 4845 | | - | 147.18 (c) The commissioner shall establish higher rates for programs that meet the requirements |
|---|
| 4846 | | - | 147.19of paragraph (b) and one of the following additional requirements: |
|---|
| 4847 | | - | 147.20 (1) programs that serve parents with their children if the program: |
|---|
| 4848 | | - | 147.21 (i) provides on-site child care during the hours of treatment activity that: |
|---|
| 4849 | | - | 147.22 (A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter |
|---|
| 4850 | | - | 147.239503; or |
|---|
| 4851 | | - | 147.24 (B) is licensed under chapter 245A and sections 245G.01 to 245G.19; or |
|---|
| 4852 | | - | 147.25 (ii) arranges for off-site child care during hours of treatment activity at a facility that is |
|---|
| 4853 | | - | 147.26licensed under chapter 245A as: |
|---|
| 4854 | | - | 147.27 (A) a child care center under Minnesota Rules, chapter 9503; or |
|---|
| 4855 | | - | 147.28 (B) a family child care home under Minnesota Rules, chapter 9502; |
|---|
| 4856 | | - | 147.29 (2) culturally specific or culturally responsive programs as defined in section 254B.01, |
|---|
| 4857 | | - | 147.30subdivision 4a; |
|---|
| 4858 | | - | 147.31 (3) disability responsive programs as defined in section 254B.01, subdivision 4b; |
|---|
| 4859 | | - | 147Article 4 Sec. 29. |
|---|
| 4860 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 148.1 (4) programs that offer medical services delivered by appropriately credentialed health |
|---|
| 4861 | | - | 148.2care staff in an amount equal to one hour per client per week if the medical needs of the |
|---|
| 4862 | | - | 148.3client and the nature and provision of any medical services provided are documented in the |
|---|
| 4863 | | - | 148.4client file; or |
|---|
| 4864 | | - | 148.5 (5) programs that offer services to individuals with co-occurring mental health and |
|---|
| 4865 | | - | 148.6substance use disorder problems if: |
|---|
| 4866 | | - | 148.7 (i) the program meets the co-occurring requirements in section 245G.20; |
|---|
| 4867 | | - | 148.8 (ii) the program employs a mental health professional as defined in section 245I.04, |
|---|
| 4868 | | - | 148.9subdivision 2; |
|---|
| 4869 | | - | 148.10 (iii) clients scoring positive on a standardized mental health screen receive a mental |
|---|
| 4870 | | - | 148.11health diagnostic assessment within ten days of admission, excluding weekends and holidays; |
|---|
| 4871 | | - | 148.12 (iv) the program has standards for multidisciplinary case review that include a monthly |
|---|
| 4872 | | - | 148.13review for each client that, at a minimum, includes a licensed mental health professional |
|---|
| 4873 | | - | 148.14and licensed alcohol and drug counselor, and their involvement in the review is documented; |
|---|
| 4874 | | - | 148.15 (v) family education is offered that addresses mental health and substance use disorder |
|---|
| 4875 | | - | 148.16and the interaction between the two; and |
|---|
| 4876 | | - | 148.17 (vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder |
|---|
| 4877 | | - | 148.18training annually. |
|---|
| 4878 | | - | 148.19 (d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program |
|---|
| 4879 | | - | 148.20that provides arrangements for off-site child care must maintain current documentation at |
|---|
| 4880 | | - | 148.21the substance use disorder facility of the child care provider's current licensure to provide |
|---|
| 4881 | | - | 148.22child care services. |
|---|
| 4882 | | - | 148.23 (e) Adolescent residential programs that meet the requirements of Minnesota Rules, |
|---|
| 4883 | | - | 148.24parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements |
|---|
| 4884 | | - | 148.25in paragraph (c), clause (5), items (i) to (iv). |
|---|
| 4885 | | - | 148.26 (f) Substance use disorder services that are otherwise covered as direct face-to-face |
|---|
| 4886 | | - | 148.27services may be provided via telehealth as defined in section 256B.0625, subdivision 3b. |
|---|
| 4887 | | - | 148.28The use of telehealth to deliver services must be medically appropriate to the condition and |
|---|
| 4888 | | - | 148.29needs of the person being served. Reimbursement shall be at the same rates and under the |
|---|
| 4889 | | - | 148.30same conditions that would otherwise apply to direct face-to-face services. |
|---|
| 4890 | | - | 148.31 (g) For the purpose of reimbursement under this section, substance use disorder treatment |
|---|
| 4891 | | - | 148.32services provided in a group setting without a group participant maximum or maximum |
|---|
| 4892 | | - | 148Article 4 Sec. 29. |
|---|
| 4893 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 149.1client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one. |
|---|
| 4894 | | - | 149.2At least one of the attending staff must meet the qualifications as established under this |
|---|
| 4895 | | - | 149.3chapter for the type of treatment service provided. A recovery peer may not be included as |
|---|
| 4896 | | - | 149.4part of the staff ratio. |
|---|
| 4897 | | - | 149.5 (h) Payment for outpatient substance use disorder services that are licensed according |
|---|
| 4898 | | - | 149.6to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless |
|---|
| 4899 | | - | 149.7prior authorization of a greater number of hours is obtained from the commissioner. |
|---|
| 4900 | | - | 149.8 (i) Payment for substance use disorder services under this section must start from the |
|---|
| 4901 | | - | 149.9day of service initiation, when the comprehensive assessment is completed within the |
|---|
| 4902 | | - | 149.10required timelines. |
|---|
| 4903 | | - | 149.11 (j) A license holder that is unable to provide all residential treatment services because |
|---|
| 4904 | | - | 149.12a client missed services remains eligible to bill for the client's intensity level of services |
|---|
| 4905 | | - | 149.13under this paragraph if the license holder can document the reason the client missed services |
|---|
| 4906 | | - | 149.14and the interventions done to address the client's absence. |
|---|
| 4907 | | - | 149.15 (k) Hours in a treatment week may be reduced in observance of federally recognized |
|---|
| 4908 | | - | 149.16holidays. |
|---|
| 4909 | | - | 149.17 (l) Eligible vendors of peer recovery support services must: |
|---|
| 4910 | | - | 149.18 (1) submit to a review by the commissioner of up to ten percent of all medical assistance |
|---|
| 4911 | | - | 149.19and behavioral health fund claims to determine the medical necessity of peer recovery |
|---|
| 4912 | | - | 149.20support services for entities billing for peer recovery support services individually and not |
|---|
| 4913 | | - | 149.21receiving a daily rate; and |
|---|
| 4914 | | - | 149.22 (2) limit an individual client to 14 hours per week for peer recovery support services |
|---|
| 4915 | | - | 149.23from an individual provider of peer recovery support services. |
|---|
| 4916 | | - | 149.24 (m) Peer recovery support services not provided in accordance with section 254B.052 |
|---|
| 4917 | | - | 149.25are subject to monetary recovery under section 256B.064 as money improperly paid. |
|---|
| 4918 | | - | 149.26Sec. 30. Minnesota Statutes 2024, section 256B.0615, subdivision 4, is amended to read: |
|---|
| 4919 | | - | 149.27 Subd. 4.Peer support specialist program providers.The commissioner shall develop |
|---|
| 4920 | | - | 149.28a process to certify peer support specialist programs, in accordance with the federal |
|---|
| 4921 | | - | 149.29guidelines, in order for the program to bill for reimbursable services. Peer support programs |
|---|
| 4922 | | - | 149.30may be freestanding or within existing mental health community provider centers and |
|---|
| 4923 | | - | 149.31services. |
|---|
| 4924 | | - | 149Article 4 Sec. 30. |
|---|
| 4925 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 150.1Sec. 31. Minnesota Statutes 2024, section 256B.0616, subdivision 4, is amended to read: |
|---|
| 4926 | | - | 150.2 Subd. 4.Family peer support specialist program providers.The commissioner shall |
|---|
| 4927 | | - | 150.3develop a process to certify family peer support specialist programs, in accordance with the |
|---|
| 4928 | | - | 150.4federal guidelines, in order for the program to bill for reimbursable services. Family peer |
|---|
| 4929 | | - | 150.5support programs must operate within an existing mental health community provider or |
|---|
| 4930 | | - | 150.6center. |
|---|
| 4931 | | - | 150.7Sec. 32. Minnesota Statutes 2024, section 256B.0616, subdivision 5, is amended to read: |
|---|
| 4932 | | - | 150.8 Subd. 5.Certified family peer specialist training and certification.(a) The |
|---|
| 4933 | | - | 150.9commissioner shall develop a or approve the use of an existing training and certification |
|---|
| 4934 | | - | 150.10process for certified certifying family peer specialists. The Family peer specialist candidates |
|---|
| 4935 | | - | 150.11must have raised or be currently raising a child with a mental illness,; have had experience |
|---|
| 4936 | | - | 150.12navigating the children's mental health system,; and must demonstrate leadership and |
|---|
| 4937 | | - | 150.13advocacy skills and a strong dedication to family-driven and family-focused services. The |
|---|
| 4938 | | - | 150.14training curriculum must teach participating family peer specialists specialist candidates |
|---|
| 4939 | | - | 150.15specific skills relevant to providing peer support to other parents and youth. |
|---|
| 4940 | | - | 150.16 (b) In addition to initial training and certification, the commissioner shall develop ongoing |
|---|
| 4941 | | - | 150.17continuing educational workshops on pertinent issues related to family peer support |
|---|
| 4942 | | - | 150.18counseling. |
|---|
| 4943 | | - | 150.19 (c) Initial training leading to certification as a family peer specialist and continuing |
|---|
| 4944 | | - | 150.20education for certified family peer specialists must be delivered by the commissioner or a |
|---|
| 4945 | | - | 150.21third-party organization approved by the commissioner. An approved third-party organization |
|---|
| 4946 | | - | 150.22may also provide continuing education of certified family peer specialists. |
|---|
| 4947 | | - | 150.23Sec. 33. Minnesota Statutes 2024, section 256B.0622, subdivision 3a, is amended to read: |
|---|
| 4948 | | - | 150.24 Subd. 3a.Provider certification and contract requirements for assertive community |
|---|
| 4949 | | - | 150.25treatment.(a) The assertive community treatment provider must have each ACT team be |
|---|
| 4950 | | - | 150.26certified by the state following the certification process and procedures developed by the |
|---|
| 4951 | | - | 150.27commissioner. The certification process determines whether the ACT team meets the |
|---|
| 4952 | | - | 150.28standards for assertive community treatment under this section, the standards in chapter |
|---|
| 4953 | | - | 150.29245I as required in section 245I.011, subdivision 5, and minimum program fidelity standards |
|---|
| 4954 | | - | 150.30as measured by a nationally recognized fidelity tool approved by the commissioner. |
|---|
| 4955 | | - | 150.31Recertification must occur at least every three years. |
|---|
| 4956 | | - | 150.32 (b) An ACT team certified under this subdivision must meet the following standards: |
|---|
| 4957 | | - | 150Article 4 Sec. 33. |
|---|
| 4958 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 151.1 (1) have capacity to recruit, hire, manage, and train required ACT team members; |
|---|
| 4959 | | - | 151.2 (2) have adequate administrative ability to ensure availability of services; |
|---|
| 4960 | | - | 151.3 (3) ensure flexibility in service delivery to respond to the changing and intermittent care |
|---|
| 4961 | | - | 151.4needs of a client as identified by the client and the individual treatment plan; |
|---|
| 4962 | | - | 151.5 (4) keep all necessary records required by law; |
|---|
| 4963 | | - | 151.6 (5) be an enrolled Medicaid provider; and |
|---|
| 4964 | | - | 151.7 (6) establish and maintain a quality assurance plan to determine specific service outcomes |
|---|
| 4965 | | - | 151.8and the client's satisfaction with services.; and |
|---|
| 4966 | | - | 151.9 (7) ensure that overall treatment supervision to the ACT team is provided by a qualified |
|---|
| 4967 | | - | 151.10member of the ACT team and is available during and after regular business hours and on |
|---|
| 4968 | | - | 151.11weekends and holidays. |
|---|
| 4969 | | - | 151.12 (c) The commissioner may intervene at any time and decertify an ACT team with cause. |
|---|
| 4970 | | - | 151.13The commissioner shall establish a process for decertification of an ACT team and shall |
|---|
| 4971 | | - | 151.14require corrective action, medical assistance repayment, or decertification of an ACT team |
|---|
| 4972 | | - | 151.15that no longer meets the requirements in this section or that fails to meet the clinical quality |
|---|
| 4973 | | - | 151.16standards or administrative standards provided by the commissioner in the application and |
|---|
| 4974 | | - | 151.17certification process. The decertification is subject to appeal to the state. |
|---|
| 4975 | | - | 151.18Sec. 34. Minnesota Statutes 2024, section 256B.0622, subdivision 7a, is amended to read: |
|---|
| 4976 | | - | 151.19 Subd. 7a.Assertive community treatment team staff requirements and roles.(a) |
|---|
| 4977 | | - | 151.20The required treatment staff qualifications and roles for an ACT team are: |
|---|
| 4978 | | - | 151.21 (1) the team leader: |
|---|
| 4979 | | - | 151.22 (i) shall be a mental health professional. Individuals who are not licensed but who are |
|---|
| 4980 | | - | 151.23eligible for licensure and are otherwise qualified may also fulfill this role;, clinical trainee, |
|---|
| 4981 | | - | 151.24or mental health practitioner; |
|---|
| 4982 | | - | 151.25 (ii) must be an active member of the ACT team and provide some direct services to |
|---|
| 4983 | | - | 151.26clients; |
|---|
| 4984 | | - | 151.27 (iii) must be a single full-time staff member, dedicated to the ACT team, who is |
|---|
| 4985 | | - | 151.28responsible for overseeing the administrative operations of the team and supervising team |
|---|
| 4986 | | - | 151.29members to ensure delivery of best and ethical practices; and |
|---|
| 4987 | | - | 151Article 4 Sec. 34. |
|---|
| 4988 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 152.1 (iv) must be available to ensure that overall treatment supervision to the ACT team is |
|---|
| 4989 | | - | 152.2available after regular business hours and on weekends and holidays and is provided by a |
|---|
| 4990 | | - | 152.3qualified member of the ACT team; |
|---|
| 4991 | | - | 152.4 (2) the psychiatric care provider: |
|---|
| 4992 | | - | 152.5 (i) must be a mental health professional permitted to prescribe psychiatric medications |
|---|
| 4993 | | - | 152.6as part of the mental health professional's scope of practice. The psychiatric care provider |
|---|
| 4994 | | - | 152.7must have demonstrated clinical experience working with individuals with serious and |
|---|
| 4995 | | - | 152.8persistent mental illness; |
|---|
| 4996 | | - | 152.9 (ii) shall collaborate with the team leader in sharing overall clinical responsibility for |
|---|
| 4997 | | - | 152.10screening and admitting clients; monitoring clients' treatment and team member service |
|---|
| 4998 | | - | 152.11delivery; educating staff on psychiatric and nonpsychiatric medications, their side effects, |
|---|
| 4999 | | - | 152.12and health-related conditions; actively collaborating with nurses; and helping provide |
|---|
| 5000 | | - | 152.13treatment supervision to the team; |
|---|
| 5001 | | - | 152.14 (iii) shall fulfill the following functions for assertive community treatment clients: |
|---|
| 5002 | | - | 152.15provide assessment and treatment of clients' symptoms and response to medications, including |
|---|
| 5003 | | - | 152.16side effects; provide brief therapy to clients; provide diagnostic and medication education |
|---|
| 5004 | | - | 152.17to clients, with medication decisions based on shared decision making; monitor clients' |
|---|
| 5005 | | - | 152.18nonpsychiatric medical conditions and nonpsychiatric medications; and conduct home and |
|---|
| 5006 | | - | 152.19community visits; |
|---|
| 5007 | | - | 152.20 (iv) shall serve as the point of contact for psychiatric treatment if a client is hospitalized |
|---|
| 5008 | | - | 152.21for mental health treatment and shall communicate directly with the client's inpatient |
|---|
| 5009 | | - | 152.22psychiatric care providers to ensure continuity of care; |
|---|
| 5010 | | - | 152.23 (v) shall have a minimum full-time equivalency that is prorated at a rate of 16 hours per |
|---|
| 5011 | | - | 152.2450 clients. Part-time psychiatric care providers shall have designated hours to work on the |
|---|
| 5012 | | - | 152.25team, with sufficient blocks of time on consistent days to carry out the provider's clinical, |
|---|
| 5013 | | - | 152.26supervisory, and administrative responsibilities. No more than two psychiatric care providers |
|---|
| 5014 | | - | 152.27may share this role; and |
|---|
| 5015 | | - | 152.28 (vi) shall provide psychiatric backup to the program after regular business hours and on |
|---|
| 5016 | | - | 152.29weekends and holidays. The psychiatric care provider may delegate this duty to another |
|---|
| 5017 | | - | 152.30qualified psychiatric provider; |
|---|
| 5018 | | - | 152.31 (3) the nursing staff: |
|---|
| 5019 | | - | 152.32 (i) shall consist of one to three registered nurses or advanced practice registered nurses, |
|---|
| 5020 | | - | 152.33of whom at least one has a minimum of one-year experience working with adults with |
|---|
| 5021 | | - | 152Article 4 Sec. 34. |
|---|
| 5022 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 153.1serious mental illness and a working knowledge of psychiatric medications. No more than |
|---|
| 5023 | | - | 153.2two individuals can share a full-time equivalent position; |
|---|
| 5024 | | - | 153.3 (ii) are responsible for managing medication, administering and documenting medication |
|---|
| 5025 | | - | 153.4treatment, and managing a secure medication room; and |
|---|
| 5026 | | - | 153.5 (iii) shall develop strategies, in collaboration with clients, to maximize taking medications |
|---|
| 5027 | | - | 153.6as prescribed; screen and monitor clients' mental and physical health conditions and |
|---|
| 5028 | | - | 153.7medication side effects; engage in health promotion, prevention, and education activities; |
|---|
| 5029 | | - | 153.8communicate and coordinate services with other medical providers; facilitate the development |
|---|
| 5030 | | - | 153.9of the individual treatment plan for clients assigned; and educate the ACT team in monitoring |
|---|
| 5031 | | - | 153.10psychiatric and physical health symptoms and medication side effects; |
|---|
| 5032 | | - | 153.11 (4) the co-occurring disorder specialist: |
|---|
| 5033 | | - | 153.12 (i) shall be a full-time equivalent co-occurring disorder specialist who has received |
|---|
| 5034 | | - | 153.13specific training on co-occurring disorders that is consistent with national evidence-based |
|---|
| 5035 | | - | 153.14practices. The training must include practical knowledge of common substances and how |
|---|
| 5036 | | - | 153.15they affect mental illnesses, the ability to assess substance use disorders and the client's |
|---|
| 5037 | | - | 153.16stage of treatment, motivational interviewing, and skills necessary to provide counseling to |
|---|
| 5038 | | - | 153.17clients at all different stages of change and treatment. The co-occurring disorder specialist |
|---|
| 5039 | | - | 153.18may also be an individual who is a licensed alcohol and drug counselor as described in |
|---|
| 5040 | | - | 153.19section 148F.01, subdivision 5, or a counselor who otherwise meets the training, experience, |
|---|
| 5041 | | - | 153.20and other requirements in section 245G.11, subdivision 5. No more than two co-occurring |
|---|
| 5042 | | - | 153.21disorder specialists may occupy this role; and |
|---|
| 5043 | | - | 153.22 (ii) shall provide or facilitate the provision of co-occurring disorder treatment to clients. |
|---|
| 5044 | | - | 153.23The co-occurring disorder specialist shall serve as a consultant and educator to fellow ACT |
|---|
| 5045 | | - | 153.24team members on co-occurring disorders; |
|---|
| 5046 | | - | 153.25 (5) the vocational specialist: |
|---|
| 5047 | | - | 153.26 (i) shall be a full-time vocational specialist who has at least one-year experience providing |
|---|
| 5048 | | - | 153.27employment services or advanced education that involved field training in vocational services |
|---|
| 5049 | | - | 153.28to individuals with mental illness. An individual who does not meet these qualifications |
|---|
| 5050 | | - | 153.29may also serve as the vocational specialist upon completing a training plan approved by the |
|---|
| 5051 | | - | 153.30commissioner; |
|---|
| 5052 | | - | 153.31 (ii) shall provide or facilitate the provision of vocational services to clients. The vocational |
|---|
| 5053 | | - | 153.32specialist serves as a consultant and educator to fellow ACT team members on these services; |
|---|
| 5054 | | - | 153.33and |
|---|
| 5055 | | - | 153Article 4 Sec. 34. |
|---|
| 5056 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 154.1 (iii) must not refer individuals to receive any type of vocational services or linkage by |
|---|
| 5057 | | - | 154.2providers outside of the ACT team; |
|---|
| 5058 | | - | 154.3 (6) the mental health certified peer specialist: |
|---|
| 5059 | | - | 154.4 (i) shall be a full-time equivalent. No more than two individuals can share this position. |
|---|
| 5060 | | - | 154.5The mental health certified peer specialist is a fully integrated team member who provides |
|---|
| 5061 | | - | 154.6highly individualized services in the community and promotes the self-determination and |
|---|
| 5062 | | - | 154.7shared decision-making abilities of clients. This requirement may be waived due to workforce |
|---|
| 5063 | | - | 154.8shortages upon approval of the commissioner; |
|---|
| 5064 | | - | 154.9 (ii) must provide coaching, mentoring, and consultation to the clients to promote recovery, |
|---|
| 5065 | | - | 154.10self-advocacy, and self-direction, promote wellness management strategies, and assist clients |
|---|
| 5066 | | - | 154.11in developing advance directives; and |
|---|
| 5067 | | - | 154.12 (iii) must model recovery values, attitudes, beliefs, and personal action to encourage |
|---|
| 5068 | | - | 154.13wellness and resilience, provide consultation to team members, promote a culture where |
|---|
| 5069 | | - | 154.14the clients' points of view and preferences are recognized, understood, respected, and |
|---|
| 5070 | | - | 154.15integrated into treatment, and serve in a manner equivalent to other team members; |
|---|
| 5071 | | - | 154.16 (7) the program administrative assistant shall be a full-time office-based program |
|---|
| 5072 | | - | 154.17administrative assistant position assigned to solely work with the ACT team, providing a |
|---|
| 5073 | | - | 154.18range of supports to the team, clients, and families; and |
|---|
| 5074 | | - | 154.19 (8) additional staff: |
|---|
| 5075 | | - | 154.20 (i) shall be based on team size. Additional treatment team staff may include mental |
|---|
| 5076 | | - | 154.21health professionals; clinical trainees; certified rehabilitation specialists; mental health |
|---|
| 5077 | | - | 154.22practitioners; or mental health rehabilitation workers. These individuals shall have the |
|---|
| 5078 | | - | 154.23knowledge, skills, and abilities required by the population served to carry out rehabilitation |
|---|
| 5079 | | - | 154.24and support functions; and |
|---|
| 5080 | | - | 154.25 (ii) shall be selected based on specific program needs or the population served. |
|---|
| 5081 | | - | 154.26 (b) Each ACT team must clearly document schedules for all ACT team members. |
|---|
| 5082 | | - | 154.27 (c) Each ACT team member must serve as a primary team member for clients assigned |
|---|
| 5083 | | - | 154.28by the team leader and are responsible for facilitating the individual treatment plan process |
|---|
| 5084 | | - | 154.29for those clients. The primary team member for a client is the responsible team member |
|---|
| 5085 | | - | 154.30knowledgeable about the client's life and circumstances and writes the individual treatment |
|---|
| 5086 | | - | 154.31plan. The primary team member provides individual supportive therapy or counseling, and |
|---|
| 5087 | | - | 154.32provides primary support and education to the client's family and support system. |
|---|
| 5088 | | - | 154Article 4 Sec. 34. |
|---|
| 5089 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 155.1 (d) Members of the ACT team must have strong clinical skills, professional qualifications, |
|---|
| 5090 | | - | 155.2experience, and competency to provide a full breadth of rehabilitation services. Each staff |
|---|
| 5091 | | - | 155.3member shall be proficient in their respective discipline and be able to work collaboratively |
|---|
| 5092 | | - | 155.4as a member of a multidisciplinary team to deliver the majority of the treatment, |
|---|
| 5093 | | - | 155.5rehabilitation, and support services clients require to fully benefit from receiving assertive |
|---|
| 5094 | | - | 155.6community treatment. |
|---|
| 5095 | | - | 155.7 (e) Each ACT team member must fulfill training requirements established by the |
|---|
| 5096 | | - | 155.8commissioner. |
|---|
| 5097 | | - | 155.9 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner |
|---|
| 5098 | | - | 155.10of human services shall notify the revisor of statutes when federal approval is obtained. |
|---|
| 5099 | | - | 155.11Sec. 35. Minnesota Statutes 2024, section 256B.0625, subdivision 20, is amended to read: |
|---|
| 5100 | | - | 155.12 Subd. 20.Mental health case management.(a) To the extent authorized by rule of the |
|---|
| 5101 | | - | 155.13state agency, medical assistance covers case management services to persons with serious |
|---|
| 5102 | | - | 155.14and persistent mental illness, persons with a complex post-traumatic stress disorder, and |
|---|
| 5103 | | - | 155.15children with severe emotional disturbance. Services provided under this section must meet |
|---|
| 5104 | | - | 155.16the relevant standards in sections 245.461 to 245.4887, the Comprehensive Adult and |
|---|
| 5105 | | - | 155.17Children's Mental Health Acts, Minnesota Rules, parts 9520.0900 to 9520.0926, and |
|---|
| 5106 | | - | 155.189505.0322, excluding subpart 10. |
|---|
| 5107 | | - | 155.19 (b) Entities meeting program standards set out in rules governing family community |
|---|
| 5108 | | - | 155.20support services as defined in section 245.4871, subdivision 17, are eligible for medical |
|---|
| 5109 | | - | 155.21assistance reimbursement for case management services for children with severe emotional |
|---|
| 5110 | | - | 155.22disturbance when these services meet the program standards in Minnesota Rules, parts |
|---|
| 5111 | | - | 155.239520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10. |
|---|
| 5112 | | - | 155.24 (c) Medical assistance and MinnesotaCare payment for mental health case management |
|---|
| 5113 | | - | 155.25shall be made on a monthly basis. In order to receive payment for an eligible child, the |
|---|
| 5114 | | - | 155.26provider must document at least a face-to-face contact either in person or by interactive |
|---|
| 5115 | | - | 155.27video that meets the requirements of subdivision 20b with the child, the child's parents, or |
|---|
| 5116 | | - | 155.28the child's legal representative. To receive payment for an eligible adult, the provider must |
|---|
| 5117 | | - | 155.29document: |
|---|
| 5118 | | - | 155.30 (1) at least a face-to-face contact with the adult or the adult's legal representative either |
|---|
| 5119 | | - | 155.31in person or by interactive video that meets the requirements of subdivision 20b; or |
|---|
| 5120 | | - | 155.32 (2) at least a telephone contact with the adult or the adult's legal representative and |
|---|
| 5121 | | - | 155.33document a face-to-face contact either in person or by interactive video that meets the |
|---|
| 5122 | | - | 155Article 4 Sec. 35. |
|---|
| 5123 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 156.1requirements of subdivision 20b with the adult or the adult's legal representative within the |
|---|
| 5124 | | - | 156.2preceding two months. |
|---|
| 5125 | | - | 156.3 (d) Payment for mental health case management provided by county or state staff shall |
|---|
| 5126 | | - | 156.4be based on the monthly rate methodology under section 256B.094, subdivision 6, paragraph |
|---|
| 5127 | | - | 156.5(b), with separate rates calculated for child welfare and mental health, and within mental |
|---|
| 5128 | | - | 156.6health, separate rates for children and adults. |
|---|
| 5129 | | - | 156.7 (e) Payment for mental health case management provided by Indian health services or |
|---|
| 5130 | | - | 156.8by agencies operated by Indian tribes may be made according to this section or other relevant |
|---|
| 5131 | | - | 156.9federally approved rate setting methodology. |
|---|
| 5132 | | - | 156.10 (f) Payment for mental health case management provided by vendors who contract with |
|---|
| 5133 | | - | 156.11a county must be calculated in accordance with section 256B.076, subdivision 2. Payment |
|---|
| 5134 | | - | 156.12for mental health case management provided by vendors who contract with a Tribe must |
|---|
| 5135 | | - | 156.13be based on a monthly rate negotiated by the Tribe. The rate must not exceed the rate charged |
|---|
| 5136 | | - | 156.14by the vendor for the same service to other payers. If the service is provided by a team of |
|---|
| 5137 | | - | 156.15contracted vendors, the team shall determine how to distribute the rate among its members. |
|---|
| 5138 | | - | 156.16No reimbursement received by contracted vendors shall be returned to the county or tribe, |
|---|
| 5139 | | - | 156.17except to reimburse the county or tribe for advance funding provided by the county or tribe |
|---|
| 5140 | | - | 156.18to the vendor. |
|---|
| 5141 | | - | 156.19 (g) If the service is provided by a team which includes contracted vendors, tribal staff, |
|---|
| 5142 | | - | 156.20and county or state staff, the costs for county or state staff participation in the team shall be |
|---|
| 5143 | | - | 156.21included in the rate for county-provided services. In this case, the contracted vendor, the |
|---|
| 5144 | | - | 156.22tribal agency, and the county may each receive separate payment for services provided by |
|---|
| 5145 | | - | 156.23each entity in the same month. In order to prevent duplication of services, each entity must |
|---|
| 5146 | | - | 156.24document, in the recipient's file, the need for team case management and a description of |
|---|
| 5147 | | - | 156.25the roles of the team members. |
|---|
| 5148 | | - | 156.26 (h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for |
|---|
| 5149 | | - | 156.27mental health case management shall be provided by the recipient's county of responsibility, |
|---|
| 5150 | | - | 156.28as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds |
|---|
| 5151 | | - | 156.29used to match other federal funds. If the service is provided by a tribal agency, the nonfederal |
|---|
| 5152 | | - | 156.30share, if any, shall be provided by the recipient's tribe. When this service is paid by the state |
|---|
| 5153 | | - | 156.31without a federal share through fee-for-service, 50 percent of the cost shall be provided by |
|---|
| 5154 | | - | 156.32the recipient's county of responsibility. |
|---|
| 5155 | | - | 156.33 (i) Notwithstanding any administrative rule to the contrary, prepaid medical assistance |
|---|
| 5156 | | - | 156.34and MinnesotaCare include mental health case management. When the service is provided |
|---|
| 5157 | | - | 156Article 4 Sec. 35. |
|---|
| 5158 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 157.1through prepaid capitation, the nonfederal share is paid by the state and the county pays no |
|---|
| 5159 | | - | 157.2share. |
|---|
| 5160 | | - | 157.3 (j) The commissioner may suspend, reduce, or terminate the reimbursement to a provider |
|---|
| 5161 | | - | 157.4that does not meet the reporting or other requirements of this section. The county of |
|---|
| 5162 | | - | 157.5responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal agency, |
|---|
| 5163 | | - | 157.6is responsible for any federal disallowances. The county or tribe may share this responsibility |
|---|
| 5164 | | - | 157.7with its contracted vendors. |
|---|
| 5165 | | - | 157.8 (k) The commissioner shall set aside a portion of the federal funds earned for county |
|---|
| 5166 | | - | 157.9expenditures under this section to repay the special revenue maximization account under |
|---|
| 5167 | | - | 157.10section 256.01, subdivision 2, paragraph (n). The repayment is limited to: |
|---|
| 5168 | | - | 157.11 (1) the costs of developing and implementing this section; and |
|---|
| 5169 | | - | 157.12 (2) programming the information systems. |
|---|
| 5170 | | - | 157.13 (l) Payments to counties and tribal agencies for case management expenditures under |
|---|
| 5171 | | - | 157.14this section shall only be made from federal earnings from services provided under this |
|---|
| 5172 | | - | 157.15section. When this service is paid by the state without a federal share through fee-for-service, |
|---|
| 5173 | | - | 157.1650 percent of the cost shall be provided by the state. Payments to county-contracted vendors |
|---|
| 5174 | | - | 157.17shall include the federal earnings, the state share, and the county share. |
|---|
| 5175 | | - | 157.18 (m) Case management services under this subdivision do not include therapy, treatment, |
|---|
| 5176 | | - | 157.19legal, or outreach services. |
|---|
| 5177 | | - | 157.20 (n) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital, |
|---|
| 5178 | | - | 157.21and the recipient's institutional care is paid by medical assistance, payment for case |
|---|
| 5179 | | - | 157.22management services under this subdivision is limited to the lesser of: |
|---|
| 5180 | | - | 157.23 (1) the last 180 days of the recipient's residency in that facility and may not exceed more |
|---|
| 5181 | | - | 157.24than six months in a calendar year; or |
|---|
| 5182 | | - | 157.25 (2) the limits and conditions which apply to federal Medicaid funding for this service. |
|---|
| 5183 | | - | 157.26 (o) Payment for case management services under this subdivision shall not duplicate |
|---|
| 5184 | | - | 157.27payments made under other program authorities for the same purpose. |
|---|
| 5185 | | - | 157.28 (p) If the recipient is receiving care in a hospital, nursing facility, or residential setting |
|---|
| 5186 | | - | 157.29licensed under chapter 245A or 245D that is staffed 24 hours a day, seven days a week, |
|---|
| 5187 | | - | 157.30mental health targeted case management services must actively support identification of |
|---|
| 5188 | | - | 157.31community alternatives for the recipient and discharge planning. |
|---|
| 5189 | | - | 157Article 4 Sec. 35. |
|---|
| 5190 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 158.1 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner |
|---|
| 5191 | | - | 158.2of human services shall notify the revisor of statutes when federal approval is obtained. |
|---|
| 5192 | | - | 158.3Sec. 36. [256G.061] WITHDRAWAL MANAGEMENT SERVICES. |
|---|
| 5193 | | - | 158.4 The county of financial responsibility for withdrawal management services is defined |
|---|
| 5194 | | - | 158.5in section 256G.02, subdivision 4. |
|---|
| 5195 | | - | 158.6Sec. 37. Minnesota Statutes 2024, section 256L.03, subdivision 5, is amended to read: |
|---|
| 5196 | | - | 158.7 Subd. 5.Cost-sharing.(a) Co-payments, coinsurance, and deductibles do not apply to |
|---|
| 5197 | | - | 158.8children under the age of 21 and to American Indians as defined in Code of Federal |
|---|
| 5198 | | - | 158.9Regulations, title 42, section 600.5. |
|---|
| 5199 | | - | 158.10 (b) The commissioner must adjust co-payments, coinsurance, and deductibles for covered |
|---|
| 5200 | | - | 158.11services in a manner sufficient to maintain the actuarial value of the benefit to 94 percent. |
|---|
| 5201 | | - | 158.12The cost-sharing changes described in this paragraph do not apply to eligible recipients or |
|---|
| 5202 | | - | 158.13services exempt from cost-sharing under state law. The cost-sharing changes described in |
|---|
| 5203 | | - | 158.14this paragraph shall not be implemented prior to January 1, 2016. |
|---|
| 5204 | | - | 158.15 (c) The cost-sharing changes authorized under paragraph (b) must satisfy the requirements |
|---|
| 5205 | | - | 158.16for cost-sharing under the Basic Health Program as set forth in Code of Federal Regulations, |
|---|
| 5206 | | - | 158.17title 42, sections 600.510 and 600.520. |
|---|
| 5207 | | - | 158.18 (d) Cost-sharing for prescription drugs and related medical supplies to treat chronic |
|---|
| 5208 | | - | 158.19disease must comply with the requirements of section 62Q.481. |
|---|
| 5209 | | - | 158.20 (e) Co-payments, coinsurance, and deductibles do not apply to additional diagnostic |
|---|
| 5210 | | - | 158.21services or testing that a health care provider determines an enrollee requires after a |
|---|
| 5211 | | - | 158.22mammogram, as specified under section 62A.30, subdivision 5. |
|---|
| 5212 | | - | 158.23 (f) Cost-sharing must not apply to drugs used for tobacco and nicotine cessation or to |
|---|
| 5213 | | - | 158.24tobacco and nicotine cessation services covered under section 256B.0625, subdivision 68. |
|---|
| 5214 | | - | 158.25 (g) Co-payments, coinsurance, and deductibles do not apply to pre-exposure prophylaxis |
|---|
| 5215 | | - | 158.26(PrEP) and postexposure prophylaxis (PEP) medications when used for the prevention or |
|---|
| 5216 | | - | 158.27treatment of the human immunodeficiency virus (HIV). |
|---|
| 5217 | | - | 158.28 (h) Co-payments, coinsurance, and deductibles do not apply to mobile crisis intervention |
|---|
| 5218 | | - | 158.29or crisis assessment as defined in section 256B.0624, subdivision 2. |
|---|
| 5219 | | - | 158Article 4 Sec. 37. |
|---|
| 5220 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 159.1 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, |
|---|
| 5221 | | - | 159.2whichever is later. The commissioner of human services shall notify the revisor of statutes |
|---|
| 5222 | | - | 159.3when federal approval is obtained. |
|---|
| 5223 | | - | 159.4Sec. 38. REVISOR INSTRUCTION. |
|---|
| 5224 | | - | 159.5 The revisor of statutes shall substitute the term "substance use disorder assessment" or |
|---|
| 5225 | | - | 159.6similar terms for "chemical dependency assessment" or similar terms, for "chemical use |
|---|
| 5226 | | - | 159.7assessment" or similar terms, and for "comprehensive substance use disorder assessment" |
|---|
| 5227 | | - | 159.8or similar terms wherever they appear in Minnesota Statutes, chapter 169A, and Minnesota |
|---|
| 5228 | | - | 159.9Rules, chapter 7503, when referring to the assessments required under Minnesota Statutes, |
|---|
| 5229 | | - | 159.10section 169A.70, or the charges or surcharges associated with those assessments. |
|---|
| 5230 | | - | 159.11 ARTICLE 5 |
|---|
| 5231 | | - | 159.12DEPARTMENT OF HUMAN SERVICES OFFICE OF INSPECTOR GENERAL |
|---|
| 5232 | | - | 159.13Section 1. Minnesota Statutes 2024, section 142E.51, subdivision 5, is amended to read: |
|---|
| 5233 | | - | 159.14 Subd. 5.Administrative disqualification of child care providers caring for children |
|---|
| 5234 | | - | 159.15receiving child care assistance.(a) The department shall pursue an administrative |
|---|
| 5235 | | - | 159.16disqualification, if the child care provider is accused of committing an intentional program |
|---|
| 5236 | | - | 159.17violation, in lieu of a criminal action when it has not been pursued the department refers |
|---|
| 5237 | | - | 159.18the investigation to a law enforcement or prosecutorial agency for possible criminal |
|---|
| 5238 | | - | 159.19prosecution, and the law enforcement or prosecutorial agency does not pursue a criminal |
|---|
| 5239 | | - | 159.20action. Intentional program violations include intentionally making false or misleading |
|---|
| 5240 | | - | 159.21statements; intentionally offering, providing, soliciting, or receiving illegal remuneration |
|---|
| 5241 | | - | 159.22as described in subdivision 6a or in violation of section 609.542, subdivision 2; intentionally |
|---|
| 5242 | | - | 159.23misrepresenting, concealing, or withholding facts; and repeatedly and intentionally violating |
|---|
| 5243 | | - | 159.24program regulations under this chapter. No conviction is required before the department |
|---|
| 5244 | | - | 159.25pursues an administrative disqualification. Intent may be proven by demonstrating a pattern |
|---|
| 5245 | | - | 159.26of conduct that violates program rules under this chapter. |
|---|
| 5246 | | - | 159.27 (b) To initiate an administrative disqualification, the commissioner must send written |
|---|
| 5247 | | - | 159.28notice using a signature-verified confirmed delivery method to the provider against whom |
|---|
| 5248 | | - | 159.29the action is being taken. Unless otherwise specified under this chapter or Minnesota Rules, |
|---|
| 5249 | | - | 159.30chapter 3400, the commissioner must send the written notice at least 15 calendar days before |
|---|
| 5250 | | - | 159.31the adverse action's effective date. The notice shall state (1) the factual basis for the agency's |
|---|
| 5251 | | - | 159.32determination, (2) the action the agency intends to take, (3) the dollar amount of the monetary |
|---|
| 5252 | | - | 159Article 5 Section 1. |
|---|
| 5253 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 160.1recovery or recoupment, if known, and (4) the provider's right to appeal the agency's proposed |
|---|
| 5254 | | - | 160.2action. |
|---|
| 5255 | | - | 160.3 (c) The provider may appeal an administrative disqualification by submitting a written |
|---|
| 5256 | | - | 160.4request to the state agency. A provider's request must be received by the state agency no |
|---|
| 5257 | | - | 160.5later than 30 days after the date the commissioner mails the notice. |
|---|
| 5258 | | - | 160.6 (d) The provider's appeal request must contain the following: |
|---|
| 5259 | | - | 160.7 (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the |
|---|
| 5260 | | - | 160.8dollar amount involved for each disputed item; |
|---|
| 5261 | | - | 160.9 (2) the computation the provider believes to be correct, if applicable; |
|---|
| 5262 | | - | 160.10 (3) the statute or rule relied on for each disputed item; and |
|---|
| 5263 | | - | 160.11 (4) the name, address, and telephone number of the person at the provider's place of |
|---|
| 5264 | | - | 160.12business with whom contact may be made regarding the appeal. |
|---|
| 5265 | | - | 160.13 (e) On appeal, the issuing agency bears the burden of proof to demonstrate by a |
|---|
| 5266 | | - | 160.14preponderance of the evidence that the provider committed an intentional program violation. |
|---|
| 5267 | | - | 160.15 (f) The hearing is subject to the requirements of section 142A.20. The human services |
|---|
| 5268 | | - | 160.16judge may combine a fair hearing and administrative disqualification hearing into a single |
|---|
| 5269 | | - | 160.17hearing if the factual issues arise out of the same or related circumstances and the provider |
|---|
| 5270 | | - | 160.18receives prior notice that the hearings will be combined. |
|---|
| 5271 | | - | 160.19 (g) A provider found to have committed an intentional program violation and is |
|---|
| 5272 | | - | 160.20administratively disqualified must be disqualified, for a period of three years for the first |
|---|
| 5273 | | - | 160.21offense and permanently for any subsequent offense, from receiving any payments from |
|---|
| 5274 | | - | 160.22any child care program under this chapter. |
|---|
| 5275 | | - | 160.23 (h) Unless a timely and proper appeal made under this section is received by the |
|---|
| 5276 | | - | 160.24department, the administrative determination of the department is final and binding. |
|---|
| 5277 | | - | 160.25Sec. 2. Minnesota Statutes 2024, section 142E.51, subdivision 6, is amended to read: |
|---|
| 5278 | | - | 160.26 Subd. 6.Prohibited hiring practice practices.It is prohibited to A person must not |
|---|
| 5279 | | - | 160.27hire a child care center employee when, as a condition of employment, the employee is |
|---|
| 5280 | | - | 160.28required to have one or more children who are eligible for or receive child care assistance, |
|---|
| 5281 | | - | 160.29if: |
|---|
| 5282 | | - | 160Article 5 Sec. 2. |
|---|
| 5283 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 161.1 (1) the individual hiring the employee is, or is acting at the direction of or in cooperation |
|---|
| 5284 | | - | 161.2with, a child care center provider, center owner, director, manager, license holder, or other |
|---|
| 5285 | | - | 161.3controlling individual; and |
|---|
| 5286 | | - | 161.4 (2) the individual hiring the employee knows or has reason to know the purpose in hiring |
|---|
| 5287 | | - | 161.5the employee is to obtain child care assistance program funds. |
|---|
| 5288 | | - | 161.6Sec. 3. Minnesota Statutes 2024, section 142E.51, is amended by adding a subdivision to |
|---|
| 5289 | | - | 161.7read: |
|---|
| 5290 | | - | 161.8 Subd. 6a.Illegal remuneration.(a) Except as provided in paragraph (b), program |
|---|
| 5291 | | - | 161.9applicants, participants, and providers must not offer, provide, solicit, or receive money, a |
|---|
| 5292 | | - | 161.10discount, a credit, a waiver, a rebate, a good, a service, employment, or anything else of |
|---|
| 5293 | | - | 161.11value in exchange for: |
|---|
| 5294 | | - | 161.12 (1) obtaining or attempting to obtain child care assistance program benefits; or |
|---|
| 5295 | | - | 161.13 (2) directing a person's child care assistance program benefits to a particular provider. |
|---|
| 5296 | | - | 161.14 (b) The prohibition in paragraph (a) does not apply to: |
|---|
| 5297 | | - | 161.15 (1) marketing or promotional offerings that directly benefit an applicant or recipient's |
|---|
| 5298 | | - | 161.16child or dependent for whom the child care provider is providing child care services; or |
|---|
| 5299 | | - | 161.17 (2) child care provider discounts, scholarships, or other financial assistance allowed |
|---|
| 5300 | | - | 161.18under section 142E.17, subdivision 7. |
|---|
| 5301 | | - | 161.19 (c) An attempt to buy or sell access to a family's child care assistance program benefits |
|---|
| 5302 | | - | 161.20to an unauthorized person by an applicant, a participant, or a provider is an intentional |
|---|
| 5303 | | - | 161.21program violation under subdivision 5 and wrongfully obtaining assistance under section |
|---|
| 5304 | | - | 161.22256.98. |
|---|
| 5305 | | - | 161.23Sec. 4. Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read: |
|---|
| 5306 | | - | 161.24 Subd. 2.Definitions.For the purposes of this section, "patient" means a person who is |
|---|
| 5307 | | - | 161.25admitted to an acute care inpatient facility for a continuous period longer than 24 hours, for |
|---|
| 5308 | | - | 161.26the purpose of diagnosis or treatment bearing on the physical or mental health of that person. |
|---|
| 5309 | | - | 161.27For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also means a |
|---|
| 5310 | | - | 161.28person who receives health care services at an outpatient surgical center or at a birth center |
|---|
| 5311 | | - | 161.29licensed under section 144.615. "Patient" also means a minor person who is admitted to a |
|---|
| 5312 | | - | 161.30residential program as defined in section 253C.01. "Patient" also means a person who is |
|---|
| 5313 | | - | 161.31admitted to a residential substance use disorder treatment program licensed according to |
|---|
| 5314 | | - | 161Article 5 Sec. 4. |
|---|
| 5315 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 162.1Minnesota Rules, parts 2960.0430 to 2960.0490. For purposes of subdivisions 1, 3 to 16, |
|---|
| 5316 | | - | 162.218, 20 and 30, "patient" also means any person who is receiving mental health treatment or |
|---|
| 5317 | | - | 162.3substance use disorder treatment on an outpatient basis or in a community support program |
|---|
| 5318 | | - | 162.4or other community-based program. "Resident" means a person who is admitted to a nonacute |
|---|
| 5319 | | - | 162.5care facility including extended care facilities, nursing homes, and boarding care homes for |
|---|
| 5320 | | - | 162.6care required because of prolonged mental or physical illness or disability, recovery from |
|---|
| 5321 | | - | 162.7injury or disease, or advancing age. For purposes of all subdivisions except subdivisions |
|---|
| 5322 | | - | 162.828 and 29, "resident" also means a person who is admitted to a facility licensed as a board |
|---|
| 5323 | | - | 162.9and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care |
|---|
| 5324 | | - | 162.10home under sections 144.50 to 144.56, or a supervised living facility under Minnesota Rules, |
|---|
| 5325 | | - | 162.11parts 4665.0100 to 4665.9900, and which that operates a rehabilitation withdrawal |
|---|
| 5326 | | - | 162.12management program licensed under chapter 245F, a residential substance use disorder |
|---|
| 5327 | | - | 162.13treatment program licensed under chapter 245G or, an intensive residential treatment services |
|---|
| 5328 | | - | 162.14or residential crisis stabilization program licensed under chapter 245I, or a detoxification |
|---|
| 5329 | | - | 162.15program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590. |
|---|
| 5330 | | - | 162.16Sec. 5. Minnesota Statutes 2024, section 245A.04, subdivision 1, is amended to read: |
|---|
| 5331 | | - | 162.17 Subdivision 1.Application for licensure.(a) An individual, organization, or government |
|---|
| 5332 | | - | 162.18entity that is subject to licensure under section 245A.03 must apply for a license. The |
|---|
| 5333 | | - | 162.19application must be made on the forms and in the manner prescribed by the commissioner. |
|---|
| 5334 | | - | 162.20The commissioner shall provide the applicant with instruction in completing the application |
|---|
| 5335 | | - | 162.21and provide information about the rules and requirements of other state agencies that affect |
|---|
| 5336 | | - | 162.22the applicant. An applicant seeking licensure in Minnesota with headquarters outside of |
|---|
| 5337 | | - | 162.23Minnesota must have a program office located within 30 miles of the Minnesota border. |
|---|
| 5338 | | - | 162.24An applicant who intends to buy or otherwise acquire a program or services licensed under |
|---|
| 5339 | | - | 162.25this chapter that is owned by another license holder must apply for a license under this |
|---|
| 5340 | | - | 162.26chapter and comply with the application procedures in this section and section 245A.043. |
|---|
| 5341 | | - | 162.27 The commissioner shall act on the application within 90 working days after a complete |
|---|
| 5342 | | - | 162.28application and any required reports have been received from other state agencies or |
|---|
| 5343 | | - | 162.29departments, counties, municipalities, or other political subdivisions. The commissioner |
|---|
| 5344 | | - | 162.30shall not consider an application to be complete until the commissioner receives all of the |
|---|
| 5345 | | - | 162.31required information. |
|---|
| 5346 | | - | 162.32 When the commissioner receives an application for initial licensure that is incomplete |
|---|
| 5347 | | - | 162.33because the applicant failed to submit required documents or that is substantially deficient |
|---|
| 5348 | | - | 162.34because the documents submitted do not meet licensing requirements, the commissioner |
|---|
| 5349 | | - | 162Article 5 Sec. 5. |
|---|
| 5350 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 163.1shall provide the applicant written notice that the application is incomplete or substantially |
|---|
| 5351 | | - | 163.2deficient. In the written notice to the applicant the commissioner shall identify documents |
|---|
| 5352 | | - | 163.3that are missing or deficient and give the applicant 45 days to resubmit a second application |
|---|
| 5353 | | - | 163.4that is substantially complete. An applicant's failure to submit a substantially complete |
|---|
| 5354 | | - | 163.5application after receiving notice from the commissioner is a basis for license denial under |
|---|
| 5355 | | - | 163.6section 245A.043. |
|---|
| 5356 | | - | 163.7 (b) An application for licensure must identify all controlling individuals as defined in |
|---|
| 5357 | | - | 163.8section 245A.02, subdivision 5a, and must designate one individual to be the authorized |
|---|
| 5358 | | - | 163.9agent. The application must be signed by the authorized agent and must include the authorized |
|---|
| 5359 | | - | 163.10agent's first, middle, and last name; mailing address; and email address. By submitting an |
|---|
| 5360 | | - | 163.11application for licensure, the authorized agent consents to electronic communication with |
|---|
| 5361 | | - | 163.12the commissioner throughout the application process. The authorized agent must be |
|---|
| 5362 | | - | 163.13authorized to accept service on behalf of all of the controlling individuals. A government |
|---|
| 5363 | | - | 163.14entity that holds multiple licenses under this chapter may designate one authorized agent |
|---|
| 5364 | | - | 163.15for all licenses issued under this chapter or may designate a different authorized agent for |
|---|
| 5365 | | - | 163.16each license. Service on the authorized agent is service on all of the controlling individuals. |
|---|
| 5366 | | - | 163.17It is not a defense to any action arising under this chapter that service was not made on each |
|---|
| 5367 | | - | 163.18controlling individual. The designation of a controlling individual as the authorized agent |
|---|
| 5368 | | - | 163.19under this paragraph does not affect the legal responsibility of any other controlling individual |
|---|
| 5369 | | - | 163.20under this chapter. |
|---|
| 5370 | | - | 163.21 (c) An applicant or license holder must have a policy that prohibits license holders, |
|---|
| 5371 | | - | 163.22employees, subcontractors, and volunteers, when directly responsible for persons served |
|---|
| 5372 | | - | 163.23by the program, from abusing prescription medication or being in any manner under the |
|---|
| 5373 | | - | 163.24influence of a chemical that impairs the individual's ability to provide services or care. The |
|---|
| 5374 | | - | 163.25license holder must train employees, subcontractors, and volunteers about the program's |
|---|
| 5375 | | - | 163.26drug and alcohol policy before the employee, subcontractor, or volunteer has direct contact, |
|---|
| 5376 | | - | 163.27as defined in section 245C.02, subdivision 11, with a person served by the program. |
|---|
| 5377 | | - | 163.28 (d) An applicant and license holder must have a program grievance procedure that permits |
|---|
| 5378 | | - | 163.29persons served by the program and their authorized representatives to bring a grievance to |
|---|
| 5379 | | - | 163.30the highest level of authority in the program. |
|---|
| 5380 | | - | 163.31 (e) The commissioner may limit communication during the application process to the |
|---|
| 5381 | | - | 163.32authorized agent or the controlling individuals identified on the license application and for |
|---|
| 5382 | | - | 163.33whom a background study was initiated under chapter 245C. Upon implementation of the |
|---|
| 5383 | | - | 163.34provider licensing and reporting hub, applicants and license holders must use the hub in the |
|---|
| 5384 | | - | 163.35manner prescribed by the commissioner. The commissioner may require the applicant, |
|---|
| 5385 | | - | 163Article 5 Sec. 5. |
|---|
| 5386 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 164.1except for child foster care, to demonstrate competence in the applicable licensing |
|---|
| 5387 | | - | 164.2requirements by successfully completing a written examination. The commissioner may |
|---|
| 5388 | | - | 164.3develop a prescribed written examination format. |
|---|
| 5389 | | - | 164.4 (f) When an applicant is an individual, the applicant must provide: |
|---|
| 5390 | | - | 164.5 (1) the applicant's taxpayer identification numbers including the Social Security number |
|---|
| 5391 | | - | 164.6or Minnesota tax identification number, and federal employer identification number if the |
|---|
| 5392 | | - | 164.7applicant has employees; |
|---|
| 5393 | | - | 164.8 (2) at the request of the commissioner, a copy of the most recent filing with the secretary |
|---|
| 5394 | | - | 164.9of state that includes the complete business name, if any; |
|---|
| 5395 | | - | 164.10 (3) if doing business under a different name, the doing business as (DBA) name, as |
|---|
| 5396 | | - | 164.11registered with the secretary of state; |
|---|
| 5397 | | - | 164.12 (4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique |
|---|
| 5398 | | - | 164.13Minnesota Provider Identifier (UMPI) number; and |
|---|
| 5399 | | - | 164.14 (5) at the request of the commissioner, the notarized signature of the applicant or |
|---|
| 5400 | | - | 164.15authorized agent. |
|---|
| 5401 | | - | 164.16 (g) When an applicant is an organization, the applicant must provide: |
|---|
| 5402 | | - | 164.17 (1) the applicant's taxpayer identification numbers including the Minnesota tax |
|---|
| 5403 | | - | 164.18identification number and federal employer identification number; |
|---|
| 5404 | | - | 164.19 (2) at the request of the commissioner, a copy of the most recent filing with the secretary |
|---|
| 5405 | | - | 164.20of state that includes the complete business name, and if doing business under a different |
|---|
| 5406 | | - | 164.21name, the doing business as (DBA) name, as registered with the secretary of state; |
|---|
| 5407 | | - | 164.22 (3) the first, middle, and last name, and address for all individuals who will be controlling |
|---|
| 5408 | | - | 164.23individuals, including all officers, owners, and managerial officials as defined in section |
|---|
| 5409 | | - | 164.24245A.02, subdivision 5a, and the date that the background study was initiated by the applicant |
|---|
| 5410 | | - | 164.25for each controlling individual; |
|---|
| 5411 | | - | 164.26 (4) if applicable, the applicant's NPI number and UMPI number; |
|---|
| 5412 | | - | 164.27 (5) the documents that created the organization and that determine the organization's |
|---|
| 5413 | | - | 164.28internal governance and the relations among the persons that own the organization, have |
|---|
| 5414 | | - | 164.29an interest in the organization, or are members of the organization, in each case as provided |
|---|
| 5415 | | - | 164.30or authorized by the organization's governing statute, which may include a partnership |
|---|
| 5416 | | - | 164.31agreement, bylaws, articles of organization, organizational chart, and operating agreement, |
|---|
| 5417 | | - | 164.32or comparable documents as provided in the organization's governing statute; and |
|---|
| 5418 | | - | 164Article 5 Sec. 5. |
|---|
| 5419 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 165.1 (6) the notarized signature of the applicant or authorized agent. |
|---|
| 5420 | | - | 165.2 (h) When the applicant is a government entity, the applicant must provide: |
|---|
| 5421 | | - | 165.3 (1) the name of the government agency, political subdivision, or other unit of government |
|---|
| 5422 | | - | 165.4seeking the license and the name of the program or services that will be licensed; |
|---|
| 5423 | | - | 165.5 (2) the applicant's taxpayer identification numbers including the Minnesota tax |
|---|
| 5424 | | - | 165.6identification number and federal employer identification number; |
|---|
| 5425 | | - | 165.7 (3) a letter signed by the manager, administrator, or other executive of the government |
|---|
| 5426 | | - | 165.8entity authorizing the submission of the license application; and |
|---|
| 5427 | | - | 165.9 (4) if applicable, the applicant's NPI number and UMPI number. |
|---|
| 5428 | | - | 165.10 (i) At the time of application for licensure or renewal of a license under this chapter, the |
|---|
| 5429 | | - | 165.11applicant or license holder must acknowledge on the form provided by the commissioner |
|---|
| 5430 | | - | 165.12if the applicant or license holder elects to receive any public funding reimbursement from |
|---|
| 5431 | | - | 165.13the commissioner for services provided under the license that: |
|---|
| 5432 | | - | 165.14 (1) the applicant's or license holder's compliance with the provider enrollment agreement |
|---|
| 5433 | | - | 165.15or registration requirements for receipt of public funding may be monitored by the |
|---|
| 5434 | | - | 165.16commissioner as part of a licensing investigation or licensing inspection; and |
|---|
| 5435 | | - | 165.17 (2) noncompliance with the provider enrollment agreement or registration requirements |
|---|
| 5436 | | - | 165.18for receipt of public funding that is identified through a licensing investigation or licensing |
|---|
| 5437 | | - | 165.19inspection, or noncompliance with a licensing requirement that is a basis of enrollment for |
|---|
| 5438 | | - | 165.20reimbursement for a service, may result in: |
|---|
| 5439 | | - | 165.21 (i) a correction order or a conditional license under section 245A.06, or sanctions under |
|---|
| 5440 | | - | 165.22section 245A.07; |
|---|
| 5441 | | - | 165.23 (ii) nonpayment of claims submitted by the license holder for public program |
|---|
| 5442 | | - | 165.24reimbursement; |
|---|
| 5443 | | - | 165.25 (iii) recovery of payments made for the service; |
|---|
| 5444 | | - | 165.26 (iv) disenrollment in the public payment program; or |
|---|
| 5445 | | - | 165.27 (v) other administrative, civil, or criminal penalties as provided by law. |
|---|
| 5446 | | - | 165.28Sec. 6. Minnesota Statutes 2024, section 245A.04, subdivision 7, is amended to read: |
|---|
| 5447 | | - | 165.29 Subd. 7.Grant of license; license extension.(a) If the commissioner determines that |
|---|
| 5448 | | - | 165.30the program complies with all applicable rules and laws, the commissioner shall issue a |
|---|
| 5449 | | - | 165Article 5 Sec. 6. |
|---|
| 5450 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 166.1license consistent with this section or, if applicable, a temporary change of ownership license |
|---|
| 5451 | | - | 166.2under section 245A.043. At minimum, the license shall state: |
|---|
| 5452 | | - | 166.3 (1) the name of the license holder; |
|---|
| 5453 | | - | 166.4 (2) the address of the program; |
|---|
| 5454 | | - | 166.5 (3) the effective date and expiration date of the license; |
|---|
| 5455 | | - | 166.6 (4) the type of license; |
|---|
| 5456 | | - | 166.7 (5) the maximum number and ages of persons that may receive services from the program; |
|---|
| 5457 | | - | 166.8and |
|---|
| 5458 | | - | 166.9 (6) any special conditions of licensure. |
|---|
| 5459 | | - | 166.10 (b) The commissioner may issue a license for a period not to exceed two years if: |
|---|
| 5460 | | - | 166.11 (1) the commissioner is unable to conduct the observation required by subdivision 4, |
|---|
| 5461 | | - | 166.12paragraph (a), clause (3), because the program is not yet operational; |
|---|
| 5462 | | - | 166.13 (2) certain records and documents are not available because persons are not yet receiving |
|---|
| 5463 | | - | 166.14services from the program; and |
|---|
| 5464 | | - | 166.15 (3) the applicant complies with applicable laws and rules in all other respects. |
|---|
| 5465 | | - | 166.16 (c) A decision by the commissioner to issue a license does not guarantee that any person |
|---|
| 5466 | | - | 166.17or persons will be placed or cared for in the licensed program. |
|---|
| 5467 | | - | 166.18 (d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a |
|---|
| 5468 | | - | 166.19license if the applicant, license holder, or an affiliated controlling individual has: |
|---|
| 5469 | | - | 166.20 (1) been disqualified and the disqualification was not set aside and no variance has been |
|---|
| 5470 | | - | 166.21granted; |
|---|
| 5471 | | - | 166.22 (2) been denied a license under this chapter or chapter 142B within the past two years; |
|---|
| 5472 | | - | 166.23 (3) had a license issued under this chapter or chapter 142B revoked within the past five |
|---|
| 5473 | | - | 166.24years; or |
|---|
| 5474 | | - | 166.25 (4) failed to submit the information required of an applicant under subdivision 1, |
|---|
| 5475 | | - | 166.26paragraph (f), (g), or (h), after being requested by the commissioner. |
|---|
| 5476 | | - | 166.27 When a license issued under this chapter or chapter 142B is revoked, the license holder |
|---|
| 5477 | | - | 166.28and each affiliated controlling individual with a revoked license may not hold any license |
|---|
| 5478 | | - | 166.29under chapter 245A for five years following the revocation, and other licenses held by the |
|---|
| 5479 | | - | 166Article 5 Sec. 6. |
|---|
| 5480 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 167.1applicant or license holder or licenses affiliated with each controlling individual shall also |
|---|
| 5481 | | - | 167.2be revoked. |
|---|
| 5482 | | - | 167.3 (e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license |
|---|
| 5483 | | - | 167.4affiliated with a license holder or controlling individual that had a license revoked within |
|---|
| 5484 | | - | 167.5the past five years if the commissioner determines that (1) the license holder or controlling |
|---|
| 5485 | | - | 167.6individual is operating the program in substantial compliance with applicable laws and rules |
|---|
| 5486 | | - | 167.7and (2) the program's continued operation is in the best interests of the community being |
|---|
| 5487 | | - | 167.8served. |
|---|
| 5488 | | - | 167.9 (f) Notwithstanding paragraph (d), the commissioner may issue a new license in response |
|---|
| 5489 | | - | 167.10to an application that is affiliated with an applicant, license holder, or controlling individual |
|---|
| 5490 | | - | 167.11that had an application denied within the past two years or a license revoked within the past |
|---|
| 5491 | | - | 167.12five years if the commissioner determines that (1) the applicant or controlling individual |
|---|
| 5492 | | - | 167.13has operated one or more programs in substantial compliance with applicable laws and rules |
|---|
| 5493 | | - | 167.14and (2) the program's operation would be in the best interests of the community to be served. |
|---|
| 5494 | | - | 167.15 (g) In determining whether a program's operation would be in the best interests of the |
|---|
| 5495 | | - | 167.16community to be served, the commissioner shall consider factors such as the number of |
|---|
| 5496 | | - | 167.17persons served, the availability of alternative services available in the surrounding |
|---|
| 5497 | | - | 167.18community, the management structure of the program, whether the program provides |
|---|
| 5498 | | - | 167.19culturally specific services, and other relevant factors. |
|---|
| 5499 | | - | 167.20 (h) The commissioner shall not issue or reissue a license under this chapter if an individual |
|---|
| 5500 | | - | 167.21living in the household where the services will be provided as specified under section |
|---|
| 5501 | | - | 167.22245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside |
|---|
| 5502 | | - | 167.23and no variance has been granted. |
|---|
| 5503 | | - | 167.24 (i) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued |
|---|
| 5504 | | - | 167.25under this chapter has been suspended or revoked and the suspension or revocation is under |
|---|
| 5505 | | - | 167.26appeal, the program may continue to operate pending a final order from the commissioner. |
|---|
| 5506 | | - | 167.27If the license under suspension or revocation will expire before a final order is issued, a |
|---|
| 5507 | | - | 167.28temporary provisional license may be issued provided any applicable license fee is paid |
|---|
| 5508 | | - | 167.29before the temporary provisional license is issued. |
|---|
| 5509 | | - | 167.30 (j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of |
|---|
| 5510 | | - | 167.31a controlling individual or license holder, and the controlling individual or license holder |
|---|
| 5511 | | - | 167.32is ordered under section 245C.17 to be immediately removed from direct contact with |
|---|
| 5512 | | - | 167.33persons receiving services or is ordered to be under continuous, direct supervision when |
|---|
| 5513 | | - | 167.34providing direct contact services, the program may continue to operate only if the program |
|---|
| 5514 | | - | 167Article 5 Sec. 6. |
|---|
| 5515 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 168.1complies with the order and submits documentation demonstrating compliance with the |
|---|
| 5516 | | - | 168.2order. If the disqualified individual fails to submit a timely request for reconsideration, or |
|---|
| 5517 | | - | 168.3if the disqualification is not set aside and no variance is granted, the order to immediately |
|---|
| 5518 | | - | 168.4remove the individual from direct contact or to be under continuous, direct supervision |
|---|
| 5519 | | - | 168.5remains in effect pending the outcome of a hearing and final order from the commissioner. |
|---|
| 5520 | | - | 168.6 (k) Unless otherwise specified by statute, all licenses issued under this chapter expire |
|---|
| 5521 | | - | 168.7at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must |
|---|
| 5522 | | - | 168.8apply for and be granted comply with the requirements in section 245A.10 and be reissued |
|---|
| 5523 | | - | 168.9a new license to operate the program or the program must not be operated after the expiration |
|---|
| 5524 | | - | 168.10date. Adult foster care, family adult day services, child foster residence setting, and |
|---|
| 5525 | | - | 168.11community residential services license holders must apply for and be granted a new license |
|---|
| 5526 | | - | 168.12to operate the program or the program must not be operated after the expiration date. Upon |
|---|
| 5527 | | - | 168.13implementation of the provider licensing and reporting hub, licenses may be issued each |
|---|
| 5528 | | - | 168.14calendar year. |
|---|
| 5529 | | - | 168.15 (l) The commissioner shall not issue or reissue a license under this chapter if it has been |
|---|
| 5530 | | - | 168.16determined that a Tribal licensing authority has established jurisdiction to license the program |
|---|
| 5531 | | - | 168.17or service. |
|---|
| 5532 | | - | 168.18 (m) The commissioner of human services may coordinate and share data with the |
|---|
| 5533 | | - | 168.19commissioner of children, youth, and families to enforce this section. |
|---|
| 5534 | | - | 168.20Sec. 7. Minnesota Statutes 2024, section 245A.042, is amended by adding a subdivision |
|---|
| 5535 | | - | 168.21to read: |
|---|
| 5536 | | - | 168.22 Subd. 5.Technical assistance and legal referrals required.If requested by a license |
|---|
| 5537 | | - | 168.23holder that is subject to an enforcement action under section 245A.06 or 245A.07 and |
|---|
| 5538 | | - | 168.24operating a program licensed under this chapter and chapter 245D, the commissioner must |
|---|
| 5539 | | - | 168.25provide the license holder with requested technical assistance or must comply with a request |
|---|
| 5540 | | - | 168.26for a referral to legal assistance. |
|---|
| 5541 | | - | 168.27Sec. 8. Minnesota Statutes 2024, section 245A.16, subdivision 1, is amended to read: |
|---|
| 5542 | | - | 168.28 Subdivision 1.Delegation of authority to agencies.(a) County agencies that have been |
|---|
| 5543 | | - | 168.29designated by the commissioner to perform licensing functions and activities under section |
|---|
| 5544 | | - | 168.30245A.04; to recommend denial of applicants under section 245A.05; to issue correction |
|---|
| 5545 | | - | 168.31orders, to issue variances, and recommend a conditional license under section 245A.06; or |
|---|
| 5546 | | - | 168.32to recommend suspending or revoking a license or issuing a fine under section 245A.07, |
|---|
| 5547 | | - | 168.33shall comply with rules and directives of the commissioner governing those functions and |
|---|
| 5548 | | - | 168Article 5 Sec. 8. |
|---|
| 5549 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 169.1with this section. The following variances are excluded from the delegation of variance |
|---|
| 5550 | | - | 169.2authority and may be issued only by the commissioner: |
|---|
| 5551 | | - | 169.3 (1) dual licensure of child foster residence setting and community residential setting; |
|---|
| 5552 | | - | 169.4 (2) until the responsibility for family child foster care transfers to the commissioner of |
|---|
| 5553 | | - | 169.5children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual |
|---|
| 5554 | | - | 169.6licensure of family child foster care and family adult foster care; |
|---|
| 5555 | | - | 169.7 (3) until the responsibility for family child care transfers to the commissioner of children, |
|---|
| 5556 | | - | 169.8youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of |
|---|
| 5557 | | - | 169.9family adult foster care and family child care; |
|---|
| 5558 | | - | 169.10 (4) adult foster care or community residential setting maximum capacity; |
|---|
| 5559 | | - | 169.11 (5) adult foster care or community residential setting minimum age requirement; |
|---|
| 5560 | | - | 169.12 (6) child foster care maximum age requirement; |
|---|
| 5561 | | - | 169.13 (7) variances regarding disqualified individuals; |
|---|
| 5562 | | - | 169.14 (8) the required presence of a caregiver in the adult foster care residence during normal |
|---|
| 5563 | | - | 169.15sleeping hours; |
|---|
| 5564 | | - | 169.16 (9) variances to requirements relating to chemical use problems of a license holder or a |
|---|
| 5565 | | - | 169.17household member of a license holder; and |
|---|
| 5566 | | - | 169.18 (10) variances to section 142B.46 for the use of a cradleboard for a cultural |
|---|
| 5567 | | - | 169.19accommodation. |
|---|
| 5568 | | - | 169.20 (b) Once the respective responsibilities transfer from the commissioner of human services |
|---|
| 5569 | | - | 169.21to the commissioner of children, youth, and families, under Laws 2023, chapter 70, article |
|---|
| 5570 | | - | 169.2212, section 30, the commissioners of human services and children, youth, and families must |
|---|
| 5571 | | - | 169.23both approve a variance for dual licensure of family child foster care and family adult foster |
|---|
| 5572 | | - | 169.24care or family adult foster care and family child care. Variances under this paragraph are |
|---|
| 5573 | | - | 169.25excluded from the delegation of variance authority and may be issued only by both |
|---|
| 5574 | | - | 169.26commissioners. |
|---|
| 5575 | | - | 169.27 (c) For family adult day services programs, the commissioner may authorize licensing |
|---|
| 5576 | | - | 169.28reviews every two years after a licensee has had at least one annual review. |
|---|
| 5577 | | - | 169.29 (d) A (c) An adult foster care, family adult day services, child foster residence setting, |
|---|
| 5578 | | - | 169.30or community residential services license issued under this section may be issued for up to |
|---|
| 5579 | | - | 169.31two years until implementation of the provider licensing and reporting hub. Upon |
|---|
| 5580 | | - | 169Article 5 Sec. 8. |
|---|
| 5581 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 170.1implementation of the provider licensing and reporting hub, licenses may be issued each |
|---|
| 5582 | | - | 170.2calendar year. |
|---|
| 5583 | | - | 170.3 (e) (d) During implementation of chapter 245D, the commissioner shall consider: |
|---|
| 5584 | | - | 170.4 (1) the role of counties in quality assurance; |
|---|
| 5585 | | - | 170.5 (2) the duties of county licensing staff; and |
|---|
| 5586 | | - | 170.6 (3) the possible use of joint powers agreements, according to section 471.59, with counties |
|---|
| 5587 | | - | 170.7through which some licensing duties under chapter 245D may be delegated by the |
|---|
| 5588 | | - | 170.8commissioner to the counties. |
|---|
| 5589 | | - | 170.9Any consideration related to this paragraph must meet all of the requirements of the corrective |
|---|
| 5590 | | - | 170.10action plan ordered by the federal Centers for Medicare and Medicaid Services. |
|---|
| 5591 | | - | 170.11 (f) (e) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or |
|---|
| 5592 | | - | 170.12successor provisions; and section 245D.061 or successor provisions, for family child foster |
|---|
| 5593 | | - | 170.13care programs providing out-of-home respite, as identified in section 245D.03, subdivision |
|---|
| 5594 | | - | 170.141, paragraph (b), clause (1), is excluded from the delegation of authority to county agencies. |
|---|
| 5595 | | - | 170.15Sec. 9. Minnesota Statutes 2024, section 245A.242, subdivision 2, is amended to read: |
|---|
| 5596 | | - | 170.16 Subd. 2.Emergency overdose treatment.(a) A license holder must maintain a supply |
|---|
| 5597 | | - | 170.17of opiate antagonists as defined in section 604A.04, subdivision 1, available for emergency |
|---|
| 5598 | | - | 170.18treatment of opioid overdose and must have a written standing order protocol by a physician |
|---|
| 5599 | | - | 170.19who is licensed under chapter 147, advanced practice registered nurse who is licensed under |
|---|
| 5600 | | - | 170.20chapter 148, or physician assistant who is licensed under chapter 147A, that permits the |
|---|
| 5601 | | - | 170.21license holder to maintain a supply of opiate antagonists on site. A license holder must |
|---|
| 5602 | | - | 170.22require staff to undergo training in the specific mode of administration used at the program, |
|---|
| 5603 | | - | 170.23which may include intranasal administration, intramuscular injection, or both, before the |
|---|
| 5604 | | - | 170.24staff has direct contact, as defined in section 245C.02, subdivision 11, with a person served |
|---|
| 5605 | | - | 170.25by the program. |
|---|
| 5606 | | - | 170.26 (b) Notwithstanding any requirements to the contrary in Minnesota Rules, chapters 2960 |
|---|
| 5607 | | - | 170.27and 9530, and Minnesota Statutes, chapters 245F, 245G, and 245I: |
|---|
| 5608 | | - | 170.28 (1) emergency opiate antagonist medications are not required to be stored in a locked |
|---|
| 5609 | | - | 170.29area and staff and adult clients may carry this medication on them and store it in an unlocked |
|---|
| 5610 | | - | 170.30location; |
|---|
| 5611 | | - | 170.31 (2) staff persons who only administer emergency opiate antagonist medications only |
|---|
| 5612 | | - | 170.32require the training required by paragraph (a), which any knowledgeable trainer may provide. |
|---|
| 5613 | | - | 170Article 5 Sec. 9. |
|---|
| 5614 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 171.1The trainer is not required to be a registered nurse or part of an accredited educational |
|---|
| 5615 | | - | 171.2institution; and |
|---|
| 5616 | | - | 171.3 (3) nonresidential substance use disorder treatment programs that do not administer |
|---|
| 5617 | | - | 171.4client medications beyond emergency opiate antagonist medications are not required to |
|---|
| 5618 | | - | 171.5have the policies and procedures required in section 245G.08, subdivisions 5 and 6, and |
|---|
| 5619 | | - | 171.6must instead describe the program's procedures for administering opiate antagonist |
|---|
| 5620 | | - | 171.7medications in the license holder's description of health care services under section 245G.08, |
|---|
| 5621 | | - | 171.8subdivision 1. |
|---|
| 5622 | | - | 171.9Sec. 10. Minnesota Statutes 2024, section 245C.05, is amended by adding a subdivision |
|---|
| 5623 | | - | 171.10to read: |
|---|
| 5624 | | - | 171.11 Subd. 9.Electronic signature.For documentation requiring a signature under this |
|---|
| 5625 | | - | 171.12chapter, use of an electronic signature as defined under section 325L.02, paragraph (h), is |
|---|
| 5626 | | - | 171.13allowed. |
|---|
| 5627 | | - | 171.14Sec. 11. Minnesota Statutes 2024, section 245C.08, subdivision 3, is amended to read: |
|---|
| 5628 | | - | 171.15 Subd. 3.Arrest and investigative information.(a) For any background study completed |
|---|
| 5629 | | - | 171.16under this section, if the commissioner has reasonable cause to believe the information is |
|---|
| 5630 | | - | 171.17pertinent to the disqualification of an individual, the commissioner also may review arrest |
|---|
| 5631 | | - | 171.18and investigative information from: |
|---|
| 5632 | | - | 171.19 (1) the Bureau of Criminal Apprehension; |
|---|
| 5633 | | - | 171.20 (2) the commissioners of children, youth, and families; health; and human services; |
|---|
| 5634 | | - | 171.21 (3) a county attorney prosecutor; |
|---|
| 5635 | | - | 171.22 (4) a county sheriff; |
|---|
| 5636 | | - | 171.23 (5) (4) a county agency; |
|---|
| 5637 | | - | 171.24 (6) (5) a local chief of police law enforcement agency; |
|---|
| 5638 | | - | 171.25 (7) (6) other states; |
|---|
| 5639 | | - | 171.26 (8) (7) the courts; |
|---|
| 5640 | | - | 171.27 (9) (8) the Federal Bureau of Investigation; |
|---|
| 5641 | | - | 171.28 (10) (9) the National Criminal Records Repository; and |
|---|
| 5642 | | - | 171.29 (11) (10) criminal records from other states. |
|---|
| 5643 | | - | 171Article 5 Sec. 11. |
|---|
| 5644 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 172.1 (b) Except when specifically required by law, the commissioner is not required to conduct |
|---|
| 5645 | | - | 172.2more than one review of a subject's records from the Federal Bureau of Investigation if a |
|---|
| 5646 | | - | 172.3review of the subject's criminal history with the Federal Bureau of Investigation has already |
|---|
| 5647 | | - | 172.4been completed by the commissioner and there has been no break in the subject's affiliation |
|---|
| 5648 | | - | 172.5with the entity that initiated the background study. |
|---|
| 5649 | | - | 172.6 (c) If the commissioner conducts a national criminal history record check when required |
|---|
| 5650 | | - | 172.7by law and uses the information from the national criminal history record check to make a |
|---|
| 5651 | | - | 172.8disqualification determination, the data obtained is private data and cannot be shared with |
|---|
| 5652 | | - | 172.9private agencies or prospective employers of the background study subject. |
|---|
| 5653 | | - | 172.10 (d) If the commissioner conducts a national criminal history record check when required |
|---|
| 5654 | | - | 172.11by law and uses the information from the national criminal history record check to make a |
|---|
| 5655 | | - | 172.12disqualification determination, the license holder or entity that submitted the study is not |
|---|
| 5656 | | - | 172.13required to obtain a copy of the background study subject's disqualification letter under |
|---|
| 5657 | | - | 172.14section 245C.17, subdivision 3. |
|---|
| 5658 | | - | 172.15Sec. 12. Minnesota Statutes 2024, section 245C.22, subdivision 5, is amended to read: |
|---|
| 5659 | | - | 172.16 Subd. 5.Scope of set-aside.(a) If the commissioner sets aside a disqualification under |
|---|
| 5660 | | - | 172.17this section, the disqualified individual remains disqualified, but may hold a license and |
|---|
| 5661 | | - | 172.18have direct contact with or access to persons receiving services. Except as provided in |
|---|
| 5662 | | - | 172.19paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the |
|---|
| 5663 | | - | 172.20licensed program, applicant, or agency specified in the set aside notice under section 245C.23. |
|---|
| 5664 | | - | 172.21For personal care provider organizations, financial management services organizations, |
|---|
| 5665 | | - | 172.22community first services and supports organizations, unlicensed home and community-based |
|---|
| 5666 | | - | 172.23organizations, and consumer-directed community supports organizations, the commissioner's |
|---|
| 5667 | | - | 172.24set-aside may further be limited to a specific individual who is receiving services. For new |
|---|
| 5668 | | - | 172.25background studies required under section 245C.04, subdivision 1, paragraph (h), if an |
|---|
| 5669 | | - | 172.26individual's disqualification was previously set aside for the license holder's program and |
|---|
| 5670 | | - | 172.27the new background study results in no new information that indicates the individual may |
|---|
| 5671 | | - | 172.28pose a risk of harm to persons receiving services from the license holder, the previous |
|---|
| 5672 | | - | 172.29set-aside shall remain in effect. |
|---|
| 5673 | | - | 172.30 (b) If the commissioner has previously set aside an individual's disqualification for one |
|---|
| 5674 | | - | 172.31or more programs or agencies, and the individual is the subject of a subsequent background |
|---|
| 5675 | | - | 172.32study for a different program or agency, the commissioner shall determine whether the |
|---|
| 5676 | | - | 172.33disqualification is set aside for the program or agency that initiated the subsequent |
|---|
| 5677 | | - | 172Article 5 Sec. 12. |
|---|
| 5678 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 173.1background study. A notice of a set-aside under paragraph (c) shall be issued within 15 |
|---|
| 5679 | | - | 173.2working days if all of the following criteria are met: |
|---|
| 5680 | | - | 173.3 (1) the subsequent background study was initiated in connection with a program licensed |
|---|
| 5681 | | - | 173.4or regulated under the same provisions of law and rule for at least one program for which |
|---|
| 5682 | | - | 173.5the individual's disqualification was previously set aside by the commissioner; |
|---|
| 5683 | | - | 173.6 (2) the individual is not disqualified for an offense specified in section 245C.15, |
|---|
| 5684 | | - | 173.7subdivision 1 or 2; |
|---|
| 5685 | | - | 173.8 (3) the commissioner has received no new information to indicate that the individual |
|---|
| 5686 | | - | 173.9may pose a risk of harm to any person served by the program; and |
|---|
| 5687 | | - | 173.10 (4) the previous set-aside was not limited to a specific person receiving services. |
|---|
| 5688 | | - | 173.11 (c) Notwithstanding paragraph (b), clause (2), for an individual who is employed in the |
|---|
| 5689 | | - | 173.12substance use disorder field, if the commissioner has previously set aside an individual's |
|---|
| 5690 | | - | 173.13disqualification for one or more programs or agencies in the substance use disorder treatment |
|---|
| 5691 | | - | 173.14field, and the individual is the subject of a subsequent background study for a different |
|---|
| 5692 | | - | 173.15program or agency in the substance use disorder treatment field, the commissioner shall set |
|---|
| 5693 | | - | 173.16aside the disqualification for the program or agency in the substance use disorder treatment |
|---|
| 5694 | | - | 173.17field that initiated the subsequent background study when the criteria under paragraph (b), |
|---|
| 5695 | | - | 173.18clauses (1), (3), and (4), are met and the individual is not disqualified for an offense specified |
|---|
| 5696 | | - | 173.19in section 245C.15, subdivision 1. A notice of a set-aside under paragraph (d) shall be issued |
|---|
| 5697 | | - | 173.20within 15 working days. |
|---|
| 5698 | | - | 173.21 (d) When a disqualification is set aside under paragraph (b), the notice of background |
|---|
| 5699 | | - | 173.22study results issued under section 245C.17, in addition to the requirements under section |
|---|
| 5700 | | - | 173.23245C.17, shall state that the disqualification is set aside for the program or agency that |
|---|
| 5701 | | - | 173.24initiated the subsequent background study. The notice must inform the individual that the |
|---|
| 5702 | | - | 173.25individual may request reconsideration of the disqualification under section 245C.21 on the |
|---|
| 5703 | | - | 173.26basis that the information used to disqualify the individual is incorrect. |
|---|
| 5704 | | - | 173.27Sec. 13. Minnesota Statutes 2024, section 245D.02, subdivision 4a, is amended to read: |
|---|
| 5705 | | - | 173.28 Subd. 4a.Community residential setting."Community residential setting" means a |
|---|
| 5706 | | - | 173.29residential program as identified in section 245A.11, subdivision 8, where residential supports |
|---|
| 5707 | | - | 173.30and services identified in section 245D.03, subdivision 1, paragraph (c), clause (3), items |
|---|
| 5708 | | - | 173.31(i) and (ii), are provided to adults, as defined in section 245A.02, subdivision 2, and the |
|---|
| 5709 | | - | 173.32license holder is the owner, lessor, or tenant of the facility licensed according to this chapter, |
|---|
| 5710 | | - | 173.33and the license holder does not reside in the facility. |
|---|
| 5711 | | - | 173Article 5 Sec. 13. |
|---|
| 5712 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 174.1 EFFECTIVE DATE.This section is effective August 1, 2025. |
|---|
| 5713 | | - | 174.2Sec. 14. Minnesota Statutes 2024, section 245G.05, subdivision 1, is amended to read: |
|---|
| 5714 | | - | 174.3 Subdivision 1.Comprehensive assessment.A comprehensive assessment of the client's |
|---|
| 5715 | | - | 174.4substance use disorder must be administered face-to-face by an alcohol and drug counselor |
|---|
| 5716 | | - | 174.5within five calendar days from the day of service initiation for a residential program or by |
|---|
| 5717 | | - | 174.6the end of the fifth day on which a treatment service is provided in a nonresidential program. |
|---|
| 5718 | | - | 174.7The number of days to complete the comprehensive assessment excludes the day of service |
|---|
| 5719 | | - | 174.8initiation. If the comprehensive assessment is not completed within the required time frame, |
|---|
| 5720 | | - | 174.9the person-centered reason for the delay and the planned completion date must be documented |
|---|
| 5721 | | - | 174.10in the client's file. The comprehensive assessment is complete upon a qualified staff member's |
|---|
| 5722 | | - | 174.11dated signature. If the client previously received a comprehensive assessment that authorized |
|---|
| 5723 | | - | 174.12the treatment service, an alcohol and drug counselor may use the comprehensive assessment |
|---|
| 5724 | | - | 174.13for requirements of this subdivision but must document a review of the comprehensive |
|---|
| 5725 | | - | 174.14assessment and update the comprehensive assessment as clinically necessary to ensure |
|---|
| 5726 | | - | 174.15compliance with this subdivision within applicable timelines. An alcohol and drug counselor |
|---|
| 5727 | | - | 174.16must sign and date the comprehensive assessment review and update. |
|---|
| 5728 | | - | 174.17Sec. 15. Minnesota Statutes 2024, section 245G.06, subdivision 1, is amended to read: |
|---|
| 5729 | | - | 174.18 Subdivision 1.General.Each client must have a person-centered individual treatment |
|---|
| 5730 | | - | 174.19plan developed by an alcohol and drug counselor within ten days from the day of service |
|---|
| 5731 | | - | 174.20initiation for a residential program, by the end of the tenth day on which a treatment session |
|---|
| 5732 | | - | 174.21has been provided from the day of service initiation for a client in a nonresidential program, |
|---|
| 5733 | | - | 174.22not to exceed 30 days. Opioid treatment programs must complete the individual treatment |
|---|
| 5734 | | - | 174.23plan within 21 14 days from the day of service initiation. The number of days to complete |
|---|
| 5735 | | - | 174.24the individual treatment plan excludes the day of service initiation. The individual treatment |
|---|
| 5736 | | - | 174.25plan must be signed by the client and the alcohol and drug counselor and document the |
|---|
| 5737 | | - | 174.26client's involvement in the development of the plan. The individual treatment plan is |
|---|
| 5738 | | - | 174.27developed upon the qualified staff member's dated signature. Treatment planning must |
|---|
| 5739 | | - | 174.28include ongoing assessment of client needs. An individual treatment plan must be updated |
|---|
| 5740 | | - | 174.29based on new information gathered about the client's condition, the client's level of |
|---|
| 5741 | | - | 174.30participation, and on whether methods identified have the intended effect. A change to the |
|---|
| 5742 | | - | 174.31plan must be signed by the client and the alcohol and drug counselor. If the client chooses |
|---|
| 5743 | | - | 174.32to have family or others involved in treatment services, the client's individual treatment plan |
|---|
| 5744 | | - | 174.33must include how the family or others will be involved in the client's treatment. If a client |
|---|
| 5745 | | - | 174.34is receiving treatment services or an assessment via telehealth and the alcohol and drug |
|---|
| 5746 | | - | 174Article 5 Sec. 15. |
|---|
| 5747 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 175.1counselor documents the reason the client's signature cannot be obtained, the alcohol and |
|---|
| 5748 | | - | 175.2drug counselor may document the client's verbal approval or electronic written approval of |
|---|
| 5749 | | - | 175.3the treatment plan or change to the treatment plan in lieu of the client's signature. |
|---|
| 5750 | | - | 175.4Sec. 16. Minnesota Statutes 2024, section 245G.06, subdivision 2a, is amended to read: |
|---|
| 5751 | | - | 175.5 Subd. 2a.Documentation of treatment services.The license holder must ensure that |
|---|
| 5752 | | - | 175.6the staff member who provides the treatment service documents in the client record the |
|---|
| 5753 | | - | 175.7date, type, and amount of each treatment service provided to a client and the client's response |
|---|
| 5754 | | - | 175.8to each treatment service within seven days of providing the treatment service. In addition |
|---|
| 5755 | | - | 175.9to the other requirements of this subdivision, if a guest speaker presents information during |
|---|
| 5756 | | - | 175.10a treatment service, the alcohol and drug counselor who provided the service and is |
|---|
| 5757 | | - | 175.11responsible for the information presented by the guest speaker must document the name of |
|---|
| 5758 | | - | 175.12the guest speaker, date of service, time the presentation began, time the presentation ended, |
|---|
| 5759 | | - | 175.13and a summary of the topic presentation. |
|---|
| 5760 | | - | 175.14Sec. 17. Minnesota Statutes 2024, section 245G.06, subdivision 3a, is amended to read: |
|---|
| 5761 | | - | 175.15 Subd. 3a.Frequency of treatment plan reviews.(a) A license holder must ensure that |
|---|
| 5762 | | - | 175.16the alcohol and drug counselor responsible for a client's treatment plan completes and |
|---|
| 5763 | | - | 175.17documents a treatment plan review that meets the requirements of subdivision 3 in each |
|---|
| 5764 | | - | 175.18client's file, according to the frequencies required in this subdivision. All ASAM levels |
|---|
| 5765 | | - | 175.19referred to in this chapter are those described in section 254B.19, subdivision 1. |
|---|
| 5766 | | - | 175.20 (b) For a client receiving residential ASAM level 3.3 or 3.5 high-intensity services or |
|---|
| 5767 | | - | 175.21residential hospital-based services, a treatment plan review must be completed once every |
|---|
| 5768 | | - | 175.2214 days. |
|---|
| 5769 | | - | 175.23 (c) For a client receiving residential ASAM level 3.1 low-intensity services or any other |
|---|
| 5770 | | - | 175.24residential level not listed in paragraph (b), a treatment plan review must be completed once |
|---|
| 5771 | | - | 175.25every 30 days. |
|---|
| 5772 | | - | 175.26 (d) For a client receiving nonresidential ASAM level 2.5 partial hospitalization services, |
|---|
| 5773 | | - | 175.27a treatment plan review must be completed once every 14 days. |
|---|
| 5774 | | - | 175.28 (e) For a client receiving nonresidential ASAM level 1.0 outpatient or 2.1 intensive |
|---|
| 5775 | | - | 175.29outpatient services or any other nonresidential level not included in paragraph (d), a treatment |
|---|
| 5776 | | - | 175.30plan review must be completed once every 30 days. |
|---|
| 5777 | | - | 175.31 (f) For a client receiving nonresidential opioid treatment program services according to |
|---|
| 5778 | | - | 175.32section 245G.22, a treatment plan review must be completed: |
|---|
| 5779 | | - | 175Article 5 Sec. 17. |
|---|
| 5780 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 176.1 (1) weekly for the ten weeks following completion of the treatment plan; and |
|---|
| 5781 | | - | 176.2 (2) monthly thereafter. |
|---|
| 5782 | | - | 176.3Treatment plan reviews must be completed more frequently when clinical needs warrant. |
|---|
| 5783 | | - | 176.4 (g) The ten-week time frame in paragraph (f), clause (1), may include a client's previous |
|---|
| 5784 | | - | 176.5time at another opioid treatment program licensed in Minnesota under section 245G.22 if: |
|---|
| 5785 | | - | 176.6 (1) the client was enrolled in the other opioid treatment program immediately prior to |
|---|
| 5786 | | - | 176.7admission to the license holder's program; |
|---|
| 5787 | | - | 176.8 (2) the client did not miss taking a daily dose of medication to treat an opioid use disorder; |
|---|
| 5788 | | - | 176.9and |
|---|
| 5789 | | - | 176.10 (3) the license holder obtains from the previous opioid treatment program the client's |
|---|
| 5790 | | - | 176.11number of days in comprehensive treatment, discharge summary, amount of daily milligram |
|---|
| 5791 | | - | 176.12dose of medication for opioid use disorder, and previous three drug abuse test results. |
|---|
| 5792 | | - | 176.13 (g) (h) Notwithstanding paragraphs (e) and (f), clause (2), for a client in a nonresidential |
|---|
| 5793 | | - | 176.14program with a treatment plan that clearly indicates less than five hours of skilled treatment |
|---|
| 5794 | | - | 176.15services will be provided to the client each month, a treatment plan review must be completed |
|---|
| 5795 | | - | 176.16once every 90 days. Treatment plan reviews must be completed more frequently when |
|---|
| 5796 | | - | 176.17clinical needs warrant. |
|---|
| 5797 | | - | 176.18Sec. 18. Minnesota Statutes 2024, section 245G.07, subdivision 2, is amended to read: |
|---|
| 5798 | | - | 176.19 Subd. 2.Additional treatment service.A license holder may provide or arrange the |
|---|
| 5799 | | - | 176.20following additional treatment service as a part of the client's individual treatment plan: |
|---|
| 5800 | | - | 176.21 (1) relationship counseling provided by a qualified professional to help the client identify |
|---|
| 5801 | | - | 176.22the impact of the client's substance use disorder on others and to help the client and persons |
|---|
| 5802 | | - | 176.23in the client's support structure identify and change behaviors that contribute to the client's |
|---|
| 5803 | | - | 176.24substance use disorder; |
|---|
| 5804 | | - | 176.25 (2) therapeutic recreation to allow the client to participate in recreational activities |
|---|
| 5805 | | - | 176.26without the use of mood-altering chemicals and to plan and select leisure activities that do |
|---|
| 5806 | | - | 176.27not involve the inappropriate use of chemicals; |
|---|
| 5807 | | - | 176.28 (3) stress management and physical well-being to help the client reach and maintain an |
|---|
| 5808 | | - | 176.29appropriate level of health, physical fitness, and well-being; |
|---|
| 5809 | | - | 176.30 (4) living skills development to help the client learn basic skills necessary for independent |
|---|
| 5810 | | - | 176.31living; |
|---|
| 5811 | | - | 176Article 5 Sec. 18. |
|---|
| 5812 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 177.1 (5) employment or educational services to help the client become financially independent; |
|---|
| 5813 | | - | 177.2 (6) socialization skills development to help the client live and interact with others in a |
|---|
| 5814 | | - | 177.3positive and productive manner; |
|---|
| 5815 | | - | 177.4 (7) room, board, and supervision at the treatment site to provide the client with a safe |
|---|
| 5816 | | - | 177.5and appropriate environment to gain and practice new skills; and |
|---|
| 5817 | | - | 177.6 (8) peer recovery support services must be provided one-to-one and face-to-face, by a |
|---|
| 5818 | | - | 177.7recovery peer qualified according to section 245I.04, subdivision 18. Peer recovery support |
|---|
| 5819 | | - | 177.8services must be provided according to sections 254B.05, subdivision 5, and 254B.052, and |
|---|
| 5820 | | - | 177.9may be provided through telehealth according to section 256B.0625, subdivision 3b. |
|---|
| 5821 | | - | 177.10Sec. 19. Minnesota Statutes 2024, section 245G.08, subdivision 6, is amended to read: |
|---|
| 5822 | | - | 177.11 Subd. 6.Control of drugs.A license holder must have and implement written policies |
|---|
| 5823 | | - | 177.12and procedures developed by a registered nurse that contain: |
|---|
| 5824 | | - | 177.13 (1) a requirement that each drug must be stored in a locked compartment. A Schedule |
|---|
| 5825 | | - | 177.14II drug, as defined by section 152.02, subdivision 3, must be stored in a separately locked |
|---|
| 5826 | | - | 177.15compartment, permanently affixed to the physical plant or medication cart; |
|---|
| 5827 | | - | 177.16 (2) a documentation system which that accounts for all scheduled drugs each shift |
|---|
| 5828 | | - | 177.17schedule II to V drugs listed in section 152.02, subdivisions 3 to 6; |
|---|
| 5829 | | - | 177.18 (3) a procedure for recording the client's use of medication, including the signature of |
|---|
| 5830 | | - | 177.19the staff member who completed the administration of the medication with the time and |
|---|
| 5831 | | - | 177.20date; |
|---|
| 5832 | | - | 177.21 (4) a procedure to destroy a discontinued, outdated, or deteriorated medication; |
|---|
| 5833 | | - | 177.22 (5) a statement that only authorized personnel are permitted access to the keys to a locked |
|---|
| 5834 | | - | 177.23compartment; |
|---|
| 5835 | | - | 177.24 (6) a statement that no legend drug supply for one client shall be given to another client; |
|---|
| 5836 | | - | 177.25and |
|---|
| 5837 | | - | 177.26 (7) a procedure for monitoring the available supply of an opiate antagonist as defined |
|---|
| 5838 | | - | 177.27in section 604A.04, subdivision 1, on site and replenishing the supply when needed. |
|---|
| 5839 | | - | 177.28Sec. 20. Minnesota Statutes 2024, section 245G.09, subdivision 3, is amended to read: |
|---|
| 5840 | | - | 177.29 Subd. 3.Contents.(a) Client records must contain the following: |
|---|
| 5841 | | - | 177.30 (1) documentation that the client was given: |
|---|
| 5842 | | - | 177Article 5 Sec. 20. |
|---|
| 5843 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 178.1 (i) information on client rights and responsibilities, and grievance procedures, on the |
|---|
| 5844 | | - | 178.2day of service initiation; |
|---|
| 5845 | | - | 178.3 (ii) information on tuberculosis, and HIV, and that the client was provided within 72 |
|---|
| 5846 | | - | 178.4hours of service initiation; |
|---|
| 5847 | | - | 178.5 (iii) an orientation to the program abuse prevention plan required under section 245A.65, |
|---|
| 5848 | | - | 178.6subdivision 2, paragraph (a), clause (4). If the client has an opioid use disorder, the record |
|---|
| 5849 | | - | 178.7must contain documentation that the client was provided, within 24 hours of admission or, |
|---|
| 5850 | | - | 178.8for clients who would benefit from a later orientation, 72 hours; and |
|---|
| 5851 | | - | 178.9 (iv) opioid educational information material according to section 245G.04, subdivision |
|---|
| 5852 | | - | 178.103, on the day of service initiation; |
|---|
| 5853 | | - | 178.11 (2) an initial services plan completed according to section 245G.04; |
|---|
| 5854 | | - | 178.12 (3) a comprehensive assessment completed according to section 245G.05; |
|---|
| 5855 | | - | 178.13 (4) an individual abuse prevention plan according to sections 245A.65, subdivision 2, |
|---|
| 5856 | | - | 178.14and 626.557, subdivision 14, when applicable; |
|---|
| 5857 | | - | 178.15 (5) an individual treatment plan according to section 245G.06, subdivisions 1 and 1a; |
|---|
| 5858 | | - | 178.16 (6) documentation of treatment services, significant events, appointments, concerns, and |
|---|
| 5859 | | - | 178.17treatment plan reviews according to section 245G.06, subdivisions 2a, 2b, 3, and 3a; and |
|---|
| 5860 | | - | 178.18 (7) a summary at the time of service termination according to section 245G.06, |
|---|
| 5861 | | - | 178.19subdivision 4. |
|---|
| 5862 | | - | 178.20 (b) For a client that transfers to another of the license holder's licensed treatment locations, |
|---|
| 5863 | | - | 178.21the license holder is not required to complete new documents or orientation for the client, |
|---|
| 5864 | | - | 178.22except that the client must receive an orientation to the new location's grievance procedure, |
|---|
| 5865 | | - | 178.23program abuse prevention plan, and maltreatment of minor and vulnerable adults reporting |
|---|
| 5866 | | - | 178.24procedures. |
|---|
| 5867 | | - | 178.25Sec. 21. Minnesota Statutes 2024, section 245G.11, subdivision 11, is amended to read: |
|---|
| 5868 | | - | 178.26 Subd. 11.Individuals with temporary permit.An individual with a temporary permit |
|---|
| 5869 | | - | 178.27from the Board of Behavioral Health and Therapy may provide substance use disorder |
|---|
| 5870 | | - | 178.28treatment service services and complete comprehensive assessments, individual treatment |
|---|
| 5871 | | - | 178.29plans, treatment plan reviews, and service discharge summaries according to this subdivision |
|---|
| 5872 | | - | 178.30if they meet the requirements of either paragraph (a) or (b). |
|---|
| 5873 | | - | 178Article 5 Sec. 21. |
|---|
| 5874 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 179.1 (a) An individual with a temporary permit must be supervised by a licensed alcohol and |
|---|
| 5875 | | - | 179.2drug counselor assigned by the license holder. The supervising licensed alcohol and drug |
|---|
| 5876 | | - | 179.3counselor must document the amount and type of supervision provided at least on a weekly |
|---|
| 5877 | | - | 179.4basis. The supervision must relate to the clinical practice. |
|---|
| 5878 | | - | 179.5 (b) An individual with a temporary permit must be supervised by a clinical supervisor |
|---|
| 5879 | | - | 179.6approved by the Board of Behavioral Health and Therapy. The supervision must be |
|---|
| 5880 | | - | 179.7documented and meet the requirements of section 148F.04, subdivision 4. |
|---|
| 5881 | | - | 179.8Sec. 22. Minnesota Statutes 2024, section 245G.18, subdivision 2, is amended to read: |
|---|
| 5882 | | - | 179.9 Subd. 2.Alcohol and drug counselor qualifications.In addition to the requirements |
|---|
| 5883 | | - | 179.10specified in section 245G.11, subdivisions 1 and 5, an alcohol and drug counselor providing |
|---|
| 5884 | | - | 179.11treatment service to an adolescent must have: |
|---|
| 5885 | | - | 179.12 (1) an additional 30 hours of training or classroom instruction or one three-credit semester |
|---|
| 5886 | | - | 179.13college course in adolescent development. This The training, classroom instruction, or |
|---|
| 5887 | | - | 179.14college course must be completed no later than six months after the counselor first provides |
|---|
| 5888 | | - | 179.15treatment services to adolescents and need only be completed one time; and. The training |
|---|
| 5889 | | - | 179.16must be interactive and must not consist only of reading information. An alcohol and drug |
|---|
| 5890 | | - | 179.17counselor who is also qualified as a mental health professional under section 245I.04, |
|---|
| 5891 | | - | 179.18subdivision 2, is exempt from the requirement in this subdivision. |
|---|
| 5892 | | - | 179.19 (2) at least 150 hours of supervised experience as an adolescent counselor, either as a |
|---|
| 5893 | | - | 179.20student or as a staff member. |
|---|
| 5894 | | - | 179.21Sec. 23. Minnesota Statutes 2024, section 245G.19, subdivision 4, is amended to read: |
|---|
| 5895 | | - | 179.22 Subd. 4.Additional licensing requirements.During the times the license holder is |
|---|
| 5896 | | - | 179.23responsible for the supervision of a child, except for license holders described in subdivision |
|---|
| 5897 | | - | 179.245, the license holder must meet the following standards: |
|---|
| 5898 | | - | 179.25 (1) child and adult ratios in Minnesota Rules, part 9502.0367; |
|---|
| 5899 | | - | 179.26 (2) day care training in section 142B.70; |
|---|
| 5900 | | - | 179.27 (3) behavior guidance in Minnesota Rules, part 9502.0395; |
|---|
| 5901 | | - | 179.28 (4) activities and equipment in Minnesota Rules, part 9502.0415; |
|---|
| 5902 | | - | 179.29 (5) physical environment in Minnesota Rules, part 9502.0425; |
|---|
| 5903 | | - | 179.30 (6) physical space requirements in section 142B.72; and |
|---|
| 5904 | | - | 179Article 5 Sec. 23. |
|---|
| 5905 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 180.1 (7) water, food, and nutrition in Minnesota Rules, part 9502.0445, unless the license |
|---|
| 5906 | | - | 180.2holder has a license from the Department of Health. |
|---|
| 5907 | | - | 180.3Sec. 24. Minnesota Statutes 2024, section 245G.19, is amended by adding a subdivision |
|---|
| 5908 | | - | 180.4to read: |
|---|
| 5909 | | - | 180.5 Subd. 5.Child care license exemption.(a) License holders that only provide supervision |
|---|
| 5910 | | - | 180.6of children for less than three hours a day while the child's parent is in the same building |
|---|
| 5911 | | - | 180.7or contiguous building as allowed by the exclusion from licensure in section 245A.03, |
|---|
| 5912 | | - | 180.8subdivision 2, paragraph (a), clause (6), are exempt from the requirements of subdivision |
|---|
| 5913 | | - | 180.94 if the requirements of this subdivision are met. |
|---|
| 5914 | | - | 180.10 (b) During the times the license holder is responsible for the supervision of the child, |
|---|
| 5915 | | - | 180.11there must always be a staff member present who is responsible for supervising the child |
|---|
| 5916 | | - | 180.12who is trained in cardiopulmonary resuscitation (CPR) and first aid. This staff person must |
|---|
| 5917 | | - | 180.13be able to immediately contact the child's parent at all times. |
|---|
| 5918 | | - | 180.14Sec. 25. Minnesota Statutes 2024, section 245G.22, subdivision 1, is amended to read: |
|---|
| 5919 | | - | 180.15 Subdivision 1.Additional requirements.(a) An opioid treatment program licensed |
|---|
| 5920 | | - | 180.16under this chapter must also: (1) comply with the requirements of this section and Code of |
|---|
| 5921 | | - | 180.17Federal Regulations, title 42, part 8; (2) be registered as a narcotic treatment program with |
|---|
| 5922 | | - | 180.18the Drug Enforcement Administration; (3) be accredited through an accreditation body |
|---|
| 5923 | | - | 180.19approved by the Division of Pharmacologic Therapy of the Center for Substance Abuse |
|---|
| 5924 | | - | 180.20Treatment; (4) be certified through the Division of Pharmacologic Therapy of the Center |
|---|
| 5925 | | - | 180.21for Substance Abuse Treatment; and (5) hold a license from the Minnesota Board of |
|---|
| 5926 | | - | 180.22Pharmacy or equivalent agency meet the requirements for dispensing by a practitioner in |
|---|
| 5927 | | - | 180.23section 151.37, subdivision 2, and Minnesota Rules, parts 6800.9950 to 6800.9954. |
|---|
| 5928 | | - | 180.24 (b) A license holder operating under the dispensing by practitioner requirements in |
|---|
| 5929 | | - | 180.25section 151.37, subdivision 2, and Minnesota Rules, parts 6800.9950 to 6800.9954, must |
|---|
| 5930 | | - | 180.26maintain documentation that the practitioner responsible for complying with the above |
|---|
| 5931 | | - | 180.27statute and rules has signed a statement attesting that they are the practitioner responsible |
|---|
| 5932 | | - | 180.28for complying with the applicable statutes and rules. If more than one person is responsible |
|---|
| 5933 | | - | 180.29for compliance, all practitioners must sign a statement. |
|---|
| 5934 | | - | 180.30 (b) (c) Where a standard in this section differs from a standard in an otherwise applicable |
|---|
| 5935 | | - | 180.31administrative rule or statute, the standard of this section applies. |
|---|
| 5936 | | - | 180Article 5 Sec. 25. |
|---|
| 5937 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 181.1Sec. 26. Minnesota Statutes 2024, section 245G.22, subdivision 14, is amended to read: |
|---|
| 5938 | | - | 181.2 Subd. 14.Central registry.(a) A license holder must comply with requirements to |
|---|
| 5939 | | - | 181.3submit information and necessary consents to the state central registry for each client |
|---|
| 5940 | | - | 181.4admitted, as specified by the commissioner. The license holder must submit data concerning |
|---|
| 5941 | | - | 181.5medication used for the treatment of opioid use disorder. The data must be submitted in a |
|---|
| 5942 | | - | 181.6method determined by the commissioner and the original information must be kept in the |
|---|
| 5943 | | - | 181.7client's record. The information must be submitted for each client at admission and discharge. |
|---|
| 5944 | | - | 181.8The program must document the date the information was submitted. The client's failure to |
|---|
| 5945 | | - | 181.9provide the information shall prohibit participation in an opioid treatment program. The |
|---|
| 5946 | | - | 181.10information submitted must include the client's: |
|---|
| 5947 | | - | 181.11 (1) full name and all aliases; |
|---|
| 5948 | | - | 181.12 (2) date of admission; |
|---|
| 5949 | | - | 181.13 (3) date of birth; |
|---|
| 5950 | | - | 181.14 (4) Social Security number or Alien Registration Number, if any; and |
|---|
| 5951 | | - | 181.15 (5) current or previous enrollment status in another opioid treatment program;. |
|---|
| 5952 | | - | 181.16 (6) government-issued photo identification card number; and |
|---|
| 5953 | | - | 181.17 (7) driver's license number, if any. |
|---|
| 5954 | | - | 181.18 (b) The requirements in paragraph (a) are effective upon the commissioner's |
|---|
| 5955 | | - | 181.19implementation of changes to the drug and alcohol abuse normative evaluation system or |
|---|
| 5956 | | - | 181.20development of an electronic system by which to submit the data. |
|---|
| 5957 | | - | 181.21Sec. 27. Minnesota Statutes 2024, section 245G.22, subdivision 15, is amended to read: |
|---|
| 5958 | | - | 181.22 Subd. 15.Nonmedication treatment services; documentation.(a) The program must |
|---|
| 5959 | | - | 181.23offer at least 50 consecutive minutes of individual or group therapy treatment services as |
|---|
| 5960 | | - | 181.24defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first |
|---|
| 5961 | | - | 181.25ten weeks following the day of service initiation, and at least 50 consecutive minutes per |
|---|
| 5962 | | - | 181.26month thereafter. As clinically appropriate, the program may offer these services cumulatively |
|---|
| 5963 | | - | 181.27and not consecutively in increments of no less than 15 minutes over the required time period, |
|---|
| 5964 | | - | 181.28and for a total of 60 minutes of treatment services over the time period, and must document |
|---|
| 5965 | | - | 181.29the reason for providing services cumulatively in the client's record. The program may offer |
|---|
| 5966 | | - | 181.30additional levels of service when deemed clinically necessary. |
|---|
| 5967 | | - | 181.31 (b) The ten-week time frame may include a client's previous time at another opioid |
|---|
| 5968 | | - | 181.32treatment program licensed in Minnesota under this section if: |
|---|
| 5969 | | - | 181Article 5 Sec. 27. |
|---|
| 5970 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 182.1 (1) the client was enrolled in the other opioid treatment program immediately prior to |
|---|
| 5971 | | - | 182.2admission to the license holder's program; |
|---|
| 5972 | | - | 182.3 (2) the client did not miss taking a daily dose of medication to treat an opioid use disorder; |
|---|
| 5973 | | - | 182.4and |
|---|
| 5974 | | - | 182.5 (3) the license holder obtains from the previous opioid treatment program the client's |
|---|
| 5975 | | - | 182.6number of days in comprehensive maintenance treatment, discharge summary, amount of |
|---|
| 5976 | | - | 182.7daily milligram dose of medication for opioid use disorder, and previous three drug abuse |
|---|
| 5977 | | - | 182.8test results. |
|---|
| 5978 | | - | 182.9 (b) (c) Notwithstanding the requirements of comprehensive assessments in section |
|---|
| 5979 | | - | 182.10245G.05, the assessment must be completed within 21 days from the day of service initiation. |
|---|
| 5980 | | - | 182.11Sec. 28. Minnesota Statutes 2024, section 256.98, subdivision 1, is amended to read: |
|---|
| 5981 | | - | 182.12 Subdivision 1.Wrongfully obtaining assistance.(a) A person who commits any of the |
|---|
| 5982 | | - | 182.13following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897, |
|---|
| 5983 | | - | 182.14the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC program |
|---|
| 5984 | | - | 182.15formerly codified in sections 256.72 to 256.871, chapter 142G, 256B, 256D, 256I, 256K, |
|---|
| 5985 | | - | 182.16or 256L, child care assistance programs, and emergency assistance programs under section |
|---|
| 5986 | | - | 182.17256D.06, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses |
|---|
| 5987 | | - | 182.18(1) to (5): |
|---|
| 5988 | | - | 182.19 (1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a |
|---|
| 5989 | | - | 182.20willfully false statement or representation, by intentional concealment of any material fact, |
|---|
| 5990 | | - | 182.21or by impersonation or other fraudulent device, assistance or the continued receipt of |
|---|
| 5991 | | - | 182.22assistance, to include child care assistance or food benefits produced according to sections |
|---|
| 5992 | | - | 182.23145.891 to 145.897 and MinnesotaCare services according to sections 256.9365, 256.94, |
|---|
| 5993 | | - | 182.24and 256L.01 to 256L.15, to which the person is not entitled or assistance greater than that |
|---|
| 5994 | | - | 182.25to which the person is entitled; |
|---|
| 5995 | | - | 182.26 (2) knowingly aids or abets in buying or in any way disposing of the property of a |
|---|
| 5996 | | - | 182.27recipient or applicant of assistance without the consent of the county agency; or |
|---|
| 5997 | | - | 182.28 (3) obtains or attempts to obtain, alone or in collusion with others, the receipt of payments |
|---|
| 5998 | | - | 182.29to which the individual is not entitled as a provider of subsidized child care, or; by furnishing |
|---|
| 5999 | | - | 182.30or concurring in offering, providing, soliciting, or receiving illegal remuneration as described |
|---|
| 6000 | | - | 182.31in section 142E.51, subdivision 6a, or in violation of section 609.542, subdivision 2; or by |
|---|
| 6001 | | - | 182.32submitting or aiding and abetting the submission of a willfully false claim for child care |
|---|
| 6002 | | - | 182.33assistance. |
|---|
| 6003 | | - | 182Article 5 Sec. 28. |
|---|
| 6004 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 183.1 (b) The continued receipt of assistance to which the person is not entitled or greater than |
|---|
| 6005 | | - | 183.2that to which the person is entitled as a result of any of the acts, failure to act, or concealment |
|---|
| 6006 | | - | 183.3described in this subdivision shall be deemed to be continuing offenses from the date that |
|---|
| 6007 | | - | 183.4the first act or failure to act occurred. |
|---|
| 6008 | | - | 183.5Sec. 29. Minnesota Statutes 2024, section 256B.064, subdivision 1a, is amended to read: |
|---|
| 6009 | | - | 183.6 Subd. 1a.Grounds for sanctions.(a) The commissioner may impose sanctions against |
|---|
| 6010 | | - | 183.7any individual or entity that receives payments from medical assistance or provides goods |
|---|
| 6011 | | - | 183.8or services for which payment is made from medical assistance for any of the following: |
|---|
| 6012 | | - | 183.9 (1) fraud, theft, or abuse in connection with the provision of goods and services to |
|---|
| 6013 | | - | 183.10recipients of public assistance for which payment is made from medical assistance; |
|---|
| 6014 | | - | 183.11 (2) a pattern of presentment of false or duplicate claims or claims for services not |
|---|
| 6015 | | - | 183.12medically necessary; |
|---|
| 6016 | | - | 183.13 (3) a pattern of making false statements of material facts for the purpose of obtaining |
|---|
| 6017 | | - | 183.14greater compensation than that to which the individual or entity is legally entitled; |
|---|
| 6018 | | - | 183.15 (4) suspension or termination as a Medicare vendor; |
|---|
| 6019 | | - | 183.16 (5) refusal to grant the state agency access during regular business hours to examine all |
|---|
| 6020 | | - | 183.17records necessary to disclose the extent of services provided to program recipients and |
|---|
| 6021 | | - | 183.18appropriateness of claims for payment; |
|---|
| 6022 | | - | 183.19 (6) failure to repay an overpayment or a fine finally established under this section; |
|---|
| 6023 | | - | 183.20 (7) failure to correct errors in the maintenance of health service or financial records for |
|---|
| 6024 | | - | 183.21which a fine was imposed or after issuance of a warning by the commissioner; and |
|---|
| 6025 | | - | 183.22 (8) any reason for which an individual or entity could be excluded from participation in |
|---|
| 6026 | | - | 183.23the Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act. |
|---|
| 6027 | | - | 183.24 (b) For the purposes of this section, goods or services for which payment is made from |
|---|
| 6028 | | - | 183.25medical assistance includes but is not limited to care and services identified in section |
|---|
| 6029 | | - | 183.26256B.0625 or provided pursuant to any federally approved waiver. |
|---|
| 6030 | | - | 183.27 (c) Regardless of the source of payment or other item of value, the commissioner may |
|---|
| 6031 | | - | 183.28impose sanctions against any individual or entity that solicits, receives, pays, or offers to |
|---|
| 6032 | | - | 183.29pay any illegal remuneration as described in section 142E.51, subdivision 6a, in violation |
|---|
| 6033 | | - | 183.30of section 609.542, subdivision 2, or in violation of United States Code, title 42, section |
|---|
| 6034 | | - | 183.311320a-7b(b)(1) or (2). No conviction is required before the commissioner can impose |
|---|
| 6035 | | - | 183.32sanctions under this paragraph. |
|---|
| 6036 | | - | 183Article 5 Sec. 29. |
|---|
| 6037 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 184.1 (b) (d) The commissioner may impose sanctions against a pharmacy provider for failure |
|---|
| 6038 | | - | 184.2to respond to a cost of dispensing survey under section 256B.0625, subdivision 13e, |
|---|
| 6039 | | - | 184.3paragraph (h). |
|---|
| 6040 | | - | 184.4Sec. 30. Minnesota Statutes 2024, section 256I.04, subdivision 2c, is amended to read: |
|---|
| 6041 | | - | 184.5 Subd. 2c.Background study requirements.(a) Effective July 1, 2016, A provider of |
|---|
| 6042 | | - | 184.6housing support must initiate background studies in accordance with chapter 245C of the |
|---|
| 6043 | | - | 184.7following individuals: section 245C.03, subdivision 10. |
|---|
| 6044 | | - | 184.8 (1) controlling individuals as defined in section 245A.02; |
|---|
| 6045 | | - | 184.9 (2) managerial officials as defined in section 245A.02; and |
|---|
| 6046 | | - | 184.10 (3) all employees and volunteers of the establishment who have direct contact with |
|---|
| 6047 | | - | 184.11recipients, or who have unsupervised access to recipients, their personal property, or their |
|---|
| 6048 | | - | 184.12private data. |
|---|
| 6049 | | - | 184.13 (b) The provider of housing support must maintain compliance with all requirements |
|---|
| 6050 | | - | 184.14established for entities initiating background studies under chapter 245C A provider initiating |
|---|
| 6051 | | - | 184.15a background study pursuant to chapter 245C is not required to initiate a background study |
|---|
| 6052 | | - | 184.16in accordance with sections 299C.66 to 299C.71 or chapter 364. |
|---|
| 6053 | | - | 184.17 (c) Effective July 1, 2017, a provider of housing support must demonstrate that all |
|---|
| 6054 | | - | 184.18individuals required to have a background study according to paragraph (a) have a notice |
|---|
| 6055 | | - | 184.19stating either that: |
|---|
| 6056 | | - | 184.20 (1) the individual is not disqualified under section 245C.14; or |
|---|
| 6057 | | - | 184.21 (2) the individual is disqualified, but the individual has been issued a set-aside of the |
|---|
| 6058 | | - | 184.22disqualification for that setting under section 245C.22. |
|---|
| 6059 | | - | 184.23Sec. 31. Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read: |
|---|
| 6060 | | - | 184.24 Subdivision 1.Definitions.(a) For purposes of this section and section 480.45, the |
|---|
| 6061 | | - | 184.25following terms have the meanings given. |
|---|
| 6062 | | - | 184.26 (b) "Judicial official" means: |
|---|
| 6063 | | - | 184.27 (1) every Minnesota district court judge, senior judge, retired judge, and every judge of |
|---|
| 6064 | | - | 184.28the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge |
|---|
| 6065 | | - | 184.29who resides in Minnesota; |
|---|
| 6066 | | - | 184.30 (2) a justice of the Minnesota Supreme Court; |
|---|
| 6067 | | - | 184Article 5 Sec. 31. |
|---|
| 6068 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 185.1 (3) employees of the Minnesota judicial branch; |
|---|
| 6069 | | - | 185.2 (4) judicial referees and magistrate judges; and |
|---|
| 6070 | | - | 185.3 (5) current and retired judges and current employees of the Office of Administrative |
|---|
| 6071 | | - | 185.4Hearings, Department of Human Services Appeals Division, Workers' Compensation Court |
|---|
| 6072 | | - | 185.5of Appeals, and Tax Court. |
|---|
| 6073 | | - | 185.6 (c) "Personal information" does not include publicly available information. Personal |
|---|
| 6074 | | - | 185.7information means: |
|---|
| 6075 | | - | 185.8 (1) a residential address of a judicial official; |
|---|
| 6076 | | - | 185.9 (2) a residential address of the spouse, domestic partner, or children of a judicial official; |
|---|
| 6077 | | - | 185.10 (3) a nonjudicial branch issued telephone number or email address of a judicial official; |
|---|
| 6078 | | - | 185.11 (4) the name of any child of a judicial official; and |
|---|
| 6079 | | - | 185.12 (5) the name of any child care facility or school that is attended by a child of a judicial |
|---|
| 6080 | | - | 185.13official if combined with an assertion that the named facility or school is attended by the |
|---|
| 6081 | | - | 185.14child of a judicial official. |
|---|
| 6082 | | - | 185.15 (d) "Publicly available information" means information that is lawfully made available |
|---|
| 6083 | | - | 185.16through federal, state, or local government records or information that a business has a |
|---|
| 6084 | | - | 185.17reasonable basis to believe is lawfully made available to the general public through widely |
|---|
| 6085 | | - | 185.18distributed media, by a judicial official, or by a person to whom the judicial official has |
|---|
| 6086 | | - | 185.19disclosed the information, unless the judicial official has restricted the information to a |
|---|
| 6087 | | - | 185.20specific audience. |
|---|
| 6088 | | - | 185.21 (e) "Law enforcement support organizations" do not include charitable organizations. |
|---|
| 6089 | | - | 185.22 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 6090 | | - | 185.23Sec. 32. [609.542] ILLEGAL REMUNERATIONS. |
|---|
| 6091 | | - | 185.24 Subdivision 1.Definition.For purposes of this section, "federal health care program" |
|---|
| 6092 | | - | 185.25has the meaning given in United States Code, title 42, section 1320a-7b(f). |
|---|
| 6093 | | - | 185.26 Subd. 2.Human services program; unauthorized remuneration.(a) A person who |
|---|
| 6094 | | - | 185.27intentionally solicits or receives money, a discount, a credit, a waiver, a rebate, a good, a |
|---|
| 6095 | | - | 185.28service, employment, or anything else of value in return for doing any of the following is |
|---|
| 6096 | | - | 185.29guilty of a crime and may be sentenced as provided in subdivision 4: |
|---|
| 6097 | | - | 185.30 (1) referring an individual to a person for the furnishing or arranging for the furnishing |
|---|
| 6098 | | - | 185.31of any item or service for which payment may be made in whole or in part under a federal |
|---|
| 6099 | | - | 185Article 5 Sec. 32. |
|---|
| 6100 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 186.1health care program, behavioral health program under chapter 254B, or program under |
|---|
| 6101 | | - | 186.2chapter 142E; |
|---|
| 6102 | | - | 186.3 (2) purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, |
|---|
| 6103 | | - | 186.4or ordering any good, facility, service, or item for which payment may be made in whole |
|---|
| 6104 | | - | 186.5or in part under a federal health care program, behavioral health program under chapter |
|---|
| 6105 | | - | 186.6254B, or program under chapter 142E; or |
|---|
| 6106 | | - | 186.7 (3) applying for or receiving any item or service for which payment may be made in |
|---|
| 6107 | | - | 186.8whole or in part under a federal health care program, behavioral health program under |
|---|
| 6108 | | - | 186.9chapter 254B, or program under chapter 142E. |
|---|
| 6109 | | - | 186.10 (b) A person who intentionally offers or provides money, a discount, a credit, a waiver, |
|---|
| 6110 | | - | 186.11a rebate, a good, a service, employment, or anything else of value to induce a person to do |
|---|
| 6111 | | - | 186.12any of the following is guilty of a crime and may be sentenced as provided in subdivision |
|---|
| 6112 | | - | 186.134: |
|---|
| 6113 | | - | 186.14 (1) refer an individual to a person for the furnishing or arranging for the furnishing of |
|---|
| 6114 | | - | 186.15any item or service for which payment may be made in whole or in part under a federal |
|---|
| 6115 | | - | 186.16health care program, behavioral health program under chapter 254B, or program under |
|---|
| 6116 | | - | 186.17chapter 142E; |
|---|
| 6117 | | - | 186.18 (2) purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering |
|---|
| 6118 | | - | 186.19any good, facility, service, or item for which payment may be made in whole or in part |
|---|
| 6119 | | - | 186.20under a federal health care program, behavioral health program under chapter 254B, or |
|---|
| 6120 | | - | 186.21program under chapter 142E; or |
|---|
| 6121 | | - | 186.22 (3) apply for or receive any item or service for which payment may be made in whole |
|---|
| 6122 | | - | 186.23or in part under a federal health care program, behavioral health program under chapter |
|---|
| 6123 | | - | 186.24254B, or program under chapter 142E. |
|---|
| 6124 | | - | 186.25 Subd. 3.Exceptions.(a) Subdivision 2 does not apply to any payment, discount, waiver, |
|---|
| 6125 | | - | 186.26or other remuneration exempted under United States Code, title 42, section 1320a-7b(b)(3), |
|---|
| 6126 | | - | 186.27or payment made under a federal health care program that is exempt from liability by United |
|---|
| 6127 | | - | 186.28States Code, title 42, section 1001.952. |
|---|
| 6128 | | - | 186.29 (b) For actions involving a program under chapter 142E, subdivision 2 does not apply |
|---|
| 6129 | | - | 186.30to: |
|---|
| 6130 | | - | 186.31 (1) any amount paid by an employer to a bona fide employee for providing covered |
|---|
| 6131 | | - | 186.32items or services under chapter 142E while acting in the course and scope of employment; |
|---|
| 6132 | | - | 186.33or |
|---|
| 6133 | | - | 186Article 5 Sec. 32. |
|---|
| 6134 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 187.1 (2) child care provider discounts, scholarships, or other financial assistance to families |
|---|
| 6135 | | - | 187.2allowed under section 142E.17, subdivision 7. |
|---|
| 6136 | | - | 187.3 Subd. 4.Penalties.An individual who violates subdivision 2 may be sentenced as |
|---|
| 6137 | | - | 187.4follows: |
|---|
| 6138 | | - | 187.5 (1) imprisonment of not more than 20 years or payment of a fine of not more than |
|---|
| 6139 | | - | 187.6$100,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service, |
|---|
| 6140 | | - | 187.7employment, or other thing of value solicited, received, offered, or provided exceeds $35,000; |
|---|
| 6141 | | - | 187.8 (2) imprisonment of not more than ten years or payment of a fine of not more than |
|---|
| 6142 | | - | 187.9$20,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service, |
|---|
| 6143 | | - | 187.10employment, or other item of value solicited, received, offered, or provided is more than |
|---|
| 6144 | | - | 187.11$5,000 but not more than $35,000; or |
|---|
| 6145 | | - | 187.12 (3) imprisonment for not more than five years or payment of a fine of not more than |
|---|
| 6146 | | - | 187.13$10,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service, |
|---|
| 6147 | | - | 187.14employment, or other item of value solicited, received, offered, or provided is not more |
|---|
| 6148 | | - | 187.15than $5,000. |
|---|
| 6149 | | - | 187.16 Subd. 5.Aggregation.In a prosecution under this section, the value of any money, |
|---|
| 6150 | | - | 187.17discount, credit, waiver, rebate, good, service, employment, or other item of value solicited, |
|---|
| 6151 | | - | 187.18received, offered, or provided within a six-month period may be aggregated and the defendant |
|---|
| 6152 | | - | 187.19charged accordingly. When two or more offenses are committed by the same person in two |
|---|
| 6153 | | - | 187.20or more counties, the accused may be prosecuted in any county in which one of the offenses |
|---|
| 6154 | | - | 187.21was committed for all of the offenses aggregated under this subdivision. |
|---|
| 6155 | | - | 187.22 Subd. 6.False claims.In addition to the penalties provided in this section, a claim, as |
|---|
| 6156 | | - | 187.23defined in section 15C.01, subdivision 2, that includes items or services resulting from a |
|---|
| 6157 | | - | 187.24violation of this section constitutes a false or fraudulent claim for purposes of section 15C.02. |
|---|
| 6158 | | - | 187.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
|---|
| 6159 | | - | 187.26committed on or after that date. |
|---|
| 6160 | | - | 187.27Sec. 33. Laws 2023, chapter 70, article 7, section 34, the effective date, is amended to |
|---|
| 6161 | | - | 187.28read: |
|---|
| 6162 | | - | 187.29 EFFECTIVE DATE.This section is effective for background studies requested on or |
|---|
| 6163 | | - | 187.30after August 1, 2024 the day following final enactment. |
|---|
| 6164 | | - | 187Article 5 Sec. 33. |
|---|
| 6165 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 188.1Sec. 34. MODIFICATION OF DEFINITIONS. |
|---|
| 6166 | | - | 188.2 (a) For the purposes of implementing the provider licensing and reporting hub, the |
|---|
| 6167 | | - | 188.3commissioner of human services may modify definitions in Minnesota Statutes, chapters |
|---|
| 6168 | | - | 188.4142B, 245A, 245D, 245F, 245G, and 245I, and Minnesota Rules, chapters 2960, 9502, |
|---|
| 6169 | | - | 188.59520, 9530, 9543, 9555, and 9570. Definitions changed pursuant to this section do not affect |
|---|
| 6170 | | - | 188.6the rights, responsibilities, or duties of the commissioner; the Department of Human Services; |
|---|
| 6171 | | - | 188.7programs administered, licensed, certified, or funded by the commissioner; or the programs' |
|---|
| 6172 | | - | 188.8employees or clients. |
|---|
| 6173 | | - | 188.9 (b) Notwithstanding Laws 1995, chapter 226, article 3, sections 50, 51, and 60, or any |
|---|
| 6174 | | - | 188.10other law to the contrary, the joint rulemaking authority with the commissioner of corrections |
|---|
| 6175 | | - | 188.11under Minnesota Rules, chapter 2960, does not apply to rule amendments applicable only |
|---|
| 6176 | | - | 188.12to the Department of Human Services. A rule that is amending jointly administered rule |
|---|
| 6177 | | - | 188.13parts must be related to requirements on the provider licensing and reporting hub. |
|---|
| 6178 | | - | 188.14 (c) This section expires August 31, 2028. |
|---|
| 6179 | | - | 188.15Sec. 35. REPEALER. |
|---|
| 6180 | | - | 188.16 (a) Minnesota Statutes 2024, section 245A.11, subdivision 8, is repealed. |
|---|
| 6181 | | - | 188.17 (b) Minnesota Statutes 2024, section 245A.042, subdivisions 2, 3, and 4, are repealed. |
|---|
| 6182 | | - | 188.18 EFFECTIVE DATE.Paragraph (a) is effective August 1, 2025. |
|---|
| 6183 | | - | 188.19 ARTICLE 6 |
|---|
| 6184 | | - | 188.20ASSERTIVE COMMUNITY TREATMENT AND INTENSIVE RESIDENTIAL |
|---|
| 6185 | | - | 188.21 TREATMENT SERVICES RECODIFICATION |
|---|
| 6186 | | - | 188.22Section 1. Minnesota Statutes 2024, section 256B.0622, subdivision 1, is amended to read: |
|---|
| 6187 | | - | 188.23 Subdivision 1.Scope.(a) Subject to federal approval, medical assistance covers medically |
|---|
| 6188 | | - | 188.24necessary, assertive community treatment when the services are provided by an entity |
|---|
| 6189 | | - | 188.25certified under and meeting the standards in this section. |
|---|
| 6190 | | - | 188.26 (b) Subject to federal approval, medical assistance covers medically necessary, intensive |
|---|
| 6191 | | - | 188.27residential treatment services when the services are provided by an entity licensed under |
|---|
| 6192 | | - | 188.28and meeting the standards in section 245I.23. |
|---|
| 6193 | | - | 188.29 (c) (b) The provider entity must make reasonable and good faith efforts to report |
|---|
| 6194 | | - | 188.30individual client outcomes to the commissioner, using instruments and protocols approved |
|---|
| 6195 | | - | 188.31by the commissioner. |
|---|
| 6196 | | - | 188Article 6 Section 1. |
|---|
| 6197 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 189.1Sec. 2. Minnesota Statutes 2024, section 256B.0622, subdivision 8, is amended to read: |
|---|
| 6198 | | - | 189.2 Subd. 8.Medical assistance payment for assertive community treatment and |
|---|
| 6199 | | - | 189.3intensive residential treatment services.(a) Payment for intensive residential treatment |
|---|
| 6200 | | - | 189.4services and assertive community treatment in this section shall be based on one daily rate |
|---|
| 6201 | | - | 189.5per provider inclusive of the following services received by an eligible client in a given |
|---|
| 6202 | | - | 189.6calendar day: all rehabilitative services under this section, staff travel time to provide |
|---|
| 6203 | | - | 189.7rehabilitative services under this section, and nonresidential crisis stabilization services |
|---|
| 6204 | | - | 189.8under section 256B.0624. |
|---|
| 6205 | | - | 189.9 (b) Except as indicated in paragraph (d) (c), payment will not be made to more than one |
|---|
| 6206 | | - | 189.10entity for each client for services provided under this section on a given day. If services |
|---|
| 6207 | | - | 189.11under this section are provided by a team that includes staff from more than one entity, the |
|---|
| 6208 | | - | 189.12team must determine how to distribute the payment among the members. |
|---|
| 6209 | | - | 189.13 (c) Payment must not be made based solely on a court order to participate in intensive |
|---|
| 6210 | | - | 189.14residential treatment services. If a client has a court order to participate in the program or |
|---|
| 6211 | | - | 189.15to obtain assessment for treatment and follow treatment recommendations, payment under |
|---|
| 6212 | | - | 189.16this section must only be provided if the client is eligible for the service and the service is |
|---|
| 6213 | | - | 189.17determined to be medically necessary. |
|---|
| 6214 | | - | 189.18 (d) (c) The commissioner shall determine one rate for each provider that will bill medical |
|---|
| 6215 | | - | 189.19assistance for residential services under this section and one rate for each assertive community |
|---|
| 6216 | | - | 189.20treatment provider under this section. If a single entity provides both services intensive |
|---|
| 6217 | | - | 189.21residential treatment services under section 256B.0632 and assertive community treatment |
|---|
| 6218 | | - | 189.22under this section, one rate is established for the entity's intensive residential treatment |
|---|
| 6219 | | - | 189.23services under section 256B.0632 and another rate for the entity's nonresidential assertive |
|---|
| 6220 | | - | 189.24community treatment services under this section. A provider is not eligible for payment |
|---|
| 6221 | | - | 189.25under this section without authorization from the commissioner. The commissioner shall |
|---|
| 6222 | | - | 189.26develop rates using the following criteria: |
|---|
| 6223 | | - | 189.27 (1) the provider's cost for services shall include direct services costs, other program |
|---|
| 6224 | | - | 189.28costs, and other costs determined as follows: |
|---|
| 6225 | | - | 189.29 (i) the direct services costs must be determined using actual costs of salaries, benefits, |
|---|
| 6226 | | - | 189.30payroll taxes, and training of direct service staff and service-related transportation; |
|---|
| 6227 | | - | 189.31 (ii) other program costs not included in item (i) must be determined as a specified |
|---|
| 6228 | | - | 189.32percentage of the direct services costs as determined by item (i). The percentage used shall |
|---|
| 6229 | | - | 189.33be determined by the commissioner based upon the average of percentages that represent |
|---|
| 6230 | | - | 189Article 6 Sec. 2. |
|---|
| 6231 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 190.1the relationship of other program costs to direct services costs among the entities that provide |
|---|
| 6232 | | - | 190.2similar services; |
|---|
| 6233 | | - | 190.3 (iii) physical plant costs calculated based on the percentage of space within the program |
|---|
| 6234 | | - | 190.4that is entirely devoted to treatment and programming. This does not include administrative |
|---|
| 6235 | | - | 190.5or residential space; |
|---|
| 6236 | | - | 190.6 (iv) assertive community treatment physical plant costs must be reimbursed as part of |
|---|
| 6237 | | - | 190.7the costs described in item (ii); and |
|---|
| 6238 | | - | 190.8 (v) subject to federal approval, up to an additional five percent of the total rate may be |
|---|
| 6239 | | - | 190.9added to the program rate as a quality incentive based upon the entity meeting performance |
|---|
| 6240 | | - | 190.10criteria specified by the commissioner; |
|---|
| 6241 | | - | 190.11 (2) actual cost is costs are defined as costs which are allowable, allocable, and reasonable, |
|---|
| 6242 | | - | 190.12and consistent with federal reimbursement requirements under Code of Federal Regulations, |
|---|
| 6243 | | - | 190.13title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and |
|---|
| 6244 | | - | 190.14Budget Circular Number A-122, relating to nonprofit entities; |
|---|
| 6245 | | - | 190.15 (3) the number of service units; |
|---|
| 6246 | | - | 190.16 (4) the degree to which clients will receive services other than services under this section |
|---|
| 6247 | | - | 190.17or section 256B.0632; and |
|---|
| 6248 | | - | 190.18 (5) the costs of other services that will be separately reimbursed. |
|---|
| 6249 | | - | 190.19 (e) (d) The rate for intensive residential treatment services and assertive community |
|---|
| 6250 | | - | 190.20treatment must exclude the medical assistance room and board rate, as defined in section |
|---|
| 6251 | | - | 190.21256B.056, subdivision 5d, and services not covered under this section, such as partial |
|---|
| 6252 | | - | 190.22hospitalization, home care, and inpatient services. |
|---|
| 6253 | | - | 190.23 (f) Physician services that are not separately billed may be included in the rate to the |
|---|
| 6254 | | - | 190.24extent that a psychiatrist, or other health care professional providing physician services |
|---|
| 6255 | | - | 190.25within their scope of practice, is a member of the intensive residential treatment services |
|---|
| 6256 | | - | 190.26treatment team. Physician services, whether billed separately or included in the rate, may |
|---|
| 6257 | | - | 190.27be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning |
|---|
| 6258 | | - | 190.28given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth |
|---|
| 6259 | | - | 190.29is used to provide intensive residential treatment services. |
|---|
| 6260 | | - | 190.30 (g) (e) When services under this section are provided by an assertive community treatment |
|---|
| 6261 | | - | 190.31provider, case management functions must be an integral part of the team. |
|---|
| 6262 | | - | 190Article 6 Sec. 2. |
|---|
| 6263 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 191.1 (h) (f) The rate for a provider must not exceed the rate charged by that provider for the |
|---|
| 6264 | | - | 191.2same service to other payors. |
|---|
| 6265 | | - | 191.3 (i) (g) The rates for existing programs must be established prospectively based upon the |
|---|
| 6266 | | - | 191.4expenditures and utilization over a prior 12-month period using the criteria established in |
|---|
| 6267 | | - | 191.5paragraph (d) (c). The rates for new programs must be established based upon estimated |
|---|
| 6268 | | - | 191.6expenditures and estimated utilization using the criteria established in paragraph (d) (c). |
|---|
| 6269 | | - | 191.7 (j) (h) Effective for the rate years beginning on and after January 1, 2024, rates for |
|---|
| 6270 | | - | 191.8assertive community treatment, adult residential crisis stabilization services, and intensive |
|---|
| 6271 | | - | 191.9residential treatment services must be annually adjusted for inflation using the Centers for |
|---|
| 6272 | | - | 191.10Medicare and Medicaid Services Medicare Economic Index, as forecasted in the third quarter |
|---|
| 6273 | | - | 191.11of the calendar year before the rate year. The inflation adjustment must be based on the |
|---|
| 6274 | | - | 191.1212-month period from the midpoint of the previous rate year to the midpoint of the rate year |
|---|
| 6275 | | - | 191.13for which the rate is being determined. This paragraph expires upon federal approval. |
|---|
| 6276 | | - | 191.14 (i) Effective upon the expiration of paragraph (h), and effective for the rate years |
|---|
| 6277 | | - | 191.15beginning on and after January 1, 2024, rates for assertive community treatment services |
|---|
| 6278 | | - | 191.16must be annually adjusted for inflation using the Centers for Medicare and Medicaid Services |
|---|
| 6279 | | - | 191.17Medicare Economic Index, as forecasted in the third quarter of the calendar year before the |
|---|
| 6280 | | - | 191.18rate year. The inflation adjustment must be based on the 12-month period from the midpoint |
|---|
| 6281 | | - | 191.19of the previous rate year to the midpoint of the rate year for which the rate is being |
|---|
| 6282 | | - | 191.20determined. |
|---|
| 6283 | | - | 191.21 (k) (j) Entities who discontinue providing services must be subject to a settle-up process |
|---|
| 6284 | | - | 191.22whereby actual costs and reimbursement for the previous 12 months are compared. In the |
|---|
| 6285 | | - | 191.23event that the entity was paid more than the entity's actual costs plus any applicable |
|---|
| 6286 | | - | 191.24performance-related funding due the provider, the excess payment must be reimbursed to |
|---|
| 6287 | | - | 191.25the department. If a provider's revenue is less than actual allowed costs due to lower |
|---|
| 6288 | | - | 191.26utilization than projected, the commissioner may reimburse the provider to recover its actual |
|---|
| 6289 | | - | 191.27allowable costs. The resulting adjustments by the commissioner must be proportional to the |
|---|
| 6290 | | - | 191.28percent of total units of service reimbursed by the commissioner and must reflect a difference |
|---|
| 6291 | | - | 191.29of greater than five percent. |
|---|
| 6292 | | - | 191.30 (l) (k) A provider may request of the commissioner a review of any rate-setting decision |
|---|
| 6293 | | - | 191.31made under this subdivision. |
|---|
| 6294 | | - | 191Article 6 Sec. 2. |
|---|
| 6295 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 192.1Sec. 3. Minnesota Statutes 2024, section 256B.0622, subdivision 11, is amended to read: |
|---|
| 6296 | | - | 192.2 Subd. 11.Sustainability grants.The commissioner may disburse grant funds directly |
|---|
| 6297 | | - | 192.3to intensive residential treatment services providers and assertive community treatment |
|---|
| 6298 | | - | 192.4providers to maintain access to these services. |
|---|
| 6299 | | - | 192.5Sec. 4. Minnesota Statutes 2024, section 256B.0622, subdivision 12, is amended to read: |
|---|
| 6300 | | - | 192.6 Subd. 12.Start-up grants.The commissioner may, within available appropriations, |
|---|
| 6301 | | - | 192.7disburse grant funding to counties, Indian tribes, or mental health service providers to |
|---|
| 6302 | | - | 192.8establish additional assertive community treatment teams, intensive residential treatment |
|---|
| 6303 | | - | 192.9services, or crisis residential services. |
|---|
| 6304 | | - | 192.10Sec. 5. [256B.0632] INTENSIVE RESIDENTIAL TREATMENT SERVICES. |
|---|
| 6305 | | - | 192.11 Subdivision 1.Scope.(a) Subject to federal approval, medical assistance covers medically |
|---|
| 6306 | | - | 192.12necessary, intensive residential treatment services when the services are provided by an |
|---|
| 6307 | | - | 192.13entity licensed under and meeting the standards in section 245I.23. |
|---|
| 6308 | | - | 192.14 (b) The provider entity must make reasonable and good faith efforts to report individual |
|---|
| 6309 | | - | 192.15client outcomes to the commissioner, using instruments and protocols approved by the |
|---|
| 6310 | | - | 192.16commissioner. |
|---|
| 6311 | | - | 192.17 Subd. 2.Provider entity licensure and contract requirements for intensive residential |
|---|
| 6312 | | - | 192.18treatment services.(a) The commissioner shall develop procedures for counties and |
|---|
| 6313 | | - | 192.19providers to submit other documentation as needed to allow the commissioner to determine |
|---|
| 6314 | | - | 192.20whether the standards in this section are met. |
|---|
| 6315 | | - | 192.21 (b) A provider entity must specify in the provider entity's application what geographic |
|---|
| 6316 | | - | 192.22area and populations will be served by the proposed program. A provider entity must |
|---|
| 6317 | | - | 192.23document that the capacity or program specialties of existing programs are not sufficient |
|---|
| 6318 | | - | 192.24to meet the service needs of the target population. A provider entity must submit evidence |
|---|
| 6319 | | - | 192.25of ongoing relationships with other providers and levels of care to facilitate referrals to and |
|---|
| 6320 | | - | 192.26from the proposed program. |
|---|
| 6321 | | - | 192.27 (c) A provider entity must submit documentation that the provider entity requested a |
|---|
| 6322 | | - | 192.28statement of need from each county board and Tribal authority that serves as a local mental |
|---|
| 6323 | | - | 192.29health authority in the proposed service area. The statement of need must specify if the local |
|---|
| 6324 | | - | 192.30mental health authority supports or does not support the need for the proposed program and |
|---|
| 6325 | | - | 192.31the basis for this determination. If a local mental health authority does not respond within |
|---|
| 6326 | | - | 192Article 6 Sec. 5. |
|---|
| 6327 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 193.160 days of the receipt of the request, the commissioner shall determine the need for the |
|---|
| 6328 | | - | 193.2program based on the documentation submitted by the provider entity. |
|---|
| 6329 | | - | 193.3 Subd. 3.Medical assistance payment for intensive residential treatment services.(a) |
|---|
| 6330 | | - | 193.4Payment for intensive residential treatment services in this section shall be based on one |
|---|
| 6331 | | - | 193.5daily rate per provider inclusive of the following services received by an eligible client in |
|---|
| 6332 | | - | 193.6a given calendar day: all rehabilitative services under this section, staff travel time to provide |
|---|
| 6333 | | - | 193.7rehabilitative services under this section, and nonresidential crisis stabilization services |
|---|
| 6334 | | - | 193.8under section 256B.0624. |
|---|
| 6335 | | - | 193.9 (b) Except as indicated in paragraph (d), payment will not be made to more than one |
|---|
| 6336 | | - | 193.10entity for each client for services provided under this section on a given day. If services |
|---|
| 6337 | | - | 193.11under this section are provided by a team that includes staff from more than one entity, the |
|---|
| 6338 | | - | 193.12team must determine how to distribute the payment among the members. |
|---|
| 6339 | | - | 193.13 (c) Payment must not be made based solely on a court order to participate in intensive |
|---|
| 6340 | | - | 193.14residential treatment services. If a client has a court order to participate in the program or |
|---|
| 6341 | | - | 193.15to obtain assessment for treatment and follow treatment recommendations, payment under |
|---|
| 6342 | | - | 193.16this section must only be provided if the client is eligible for the service and the service is |
|---|
| 6343 | | - | 193.17determined to be medically necessary. |
|---|
| 6344 | | - | 193.18 (d) The commissioner shall determine one rate for each provider that will bill medical |
|---|
| 6345 | | - | 193.19assistance for intensive residential treatment services under this section. If a single entity |
|---|
| 6346 | | - | 193.20provides both intensive residential treatment services under this section and assertive |
|---|
| 6347 | | - | 193.21community treatment under section 256B.0622, one rate is established for the entity's |
|---|
| 6348 | | - | 193.22intensive residential treatment services under this section and another rate for the entity's |
|---|
| 6349 | | - | 193.23assertive community treatment services under section 256B.0622. A provider is not eligible |
|---|
| 6350 | | - | 193.24for payment under this section without authorization from the commissioner. The |
|---|
| 6351 | | - | 193.25commissioner shall develop rates using the following criteria: |
|---|
| 6352 | | - | 193.26 (1) the provider's cost for services shall include direct services costs, other program |
|---|
| 6353 | | - | 193.27costs, and other costs determined as follows: |
|---|
| 6354 | | - | 193.28 (i) the direct services costs must be determined using actual costs of salaries, benefits, |
|---|
| 6355 | | - | 193.29payroll taxes, and training of direct service staff and service-related transportation; |
|---|
| 6356 | | - | 193.30 (ii) other program costs not included in item (i) must be determined as a specified |
|---|
| 6357 | | - | 193.31percentage of the direct services costs as determined by item (i). The percentage used shall |
|---|
| 6358 | | - | 193.32be determined by the commissioner based upon the average of percentages that represent |
|---|
| 6359 | | - | 193.33the relationship of other program costs to direct services costs among the entities that provide |
|---|
| 6360 | | - | 193.34similar services; |
|---|
| 6361 | | - | 193Article 6 Sec. 5. |
|---|
| 6362 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 194.1 (iii) physical plant costs calculated based on the percentage of space within the program |
|---|
| 6363 | | - | 194.2that is entirely devoted to treatment and programming. This does not include administrative |
|---|
| 6364 | | - | 194.3or residential space; and |
|---|
| 6365 | | - | 194.4 (iv) subject to federal approval, up to an additional five percent of the total rate may be |
|---|
| 6366 | | - | 194.5added to the program rate as a quality incentive based upon the entity meeting performance |
|---|
| 6367 | | - | 194.6criteria specified by the commissioner; |
|---|
| 6368 | | - | 194.7 (2) actual costs are defined as costs which are allowable, allocable, and reasonable, and |
|---|
| 6369 | | - | 194.8consistent with federal reimbursement requirements under Code of Federal Regulations, |
|---|
| 6370 | | - | 194.9title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and |
|---|
| 6371 | | - | 194.10Budget Circular Number A-122, relating to nonprofit entities; |
|---|
| 6372 | | - | 194.11 (3) the number of services units; |
|---|
| 6373 | | - | 194.12 (4) the degree to which clients will receive services other than services under this section |
|---|
| 6374 | | - | 194.13or section 256B.0622; and |
|---|
| 6375 | | - | 194.14 (5) the costs of other services that will be separately reimbursed. |
|---|
| 6376 | | - | 194.15 (e) The rate for intensive residential treatment services must exclude the medical |
|---|
| 6377 | | - | 194.16assistance room and board rate, as defined in section 256B.056, subdivision 5d, and services |
|---|
| 6378 | | - | 194.17not covered under this section, such as partial hospitalization, home care, and inpatient |
|---|
| 6379 | | - | 194.18services. |
|---|
| 6380 | | - | 194.19 (f) Physician services that are not separately billed may be included in the rate to the |
|---|
| 6381 | | - | 194.20extent that a psychiatrist, or other health care professional providing physician services |
|---|
| 6382 | | - | 194.21within their scope of practice, is a member of the intensive residential treatment services |
|---|
| 6383 | | - | 194.22treatment team. Physician services, whether billed separately or included in the rate, may |
|---|
| 6384 | | - | 194.23be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning |
|---|
| 6385 | | - | 194.24given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth |
|---|
| 6386 | | - | 194.25is used to provide intensive residential treatment services. |
|---|
| 6387 | | - | 194.26 (g) The rate for a provider must not exceed the rate charged by that provider for the |
|---|
| 6388 | | - | 194.27same service to other payors. |
|---|
| 6389 | | - | 194.28 (h) The rates for existing programs must be established prospectively based upon the |
|---|
| 6390 | | - | 194.29expenditures and utilization over a prior 12-month period using the criteria established in |
|---|
| 6391 | | - | 194.30paragraph (d). The rates for new programs must be established based upon estimated |
|---|
| 6392 | | - | 194.31expenditures and estimated utilization using the criteria established in paragraph (d). |
|---|
| 6393 | | - | 194.32 (i) Effective upon the expiration of section 256B.0622, subdivision 8, paragraph (h), |
|---|
| 6394 | | - | 194.33and effective for rate years beginning on and after January 1, 2024, rates for intensive |
|---|
| 6395 | | - | 194Article 6 Sec. 5. |
|---|
| 6396 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 195.1residential treatment services and adult residential crisis stabilization services must be |
|---|
| 6397 | | - | 195.2annually adjusted for inflation using the Centers for Medicare and Medicaid Services |
|---|
| 6398 | | - | 195.3Medicare Economic Index, as forecasted in the third quarter of the calendar year before the |
|---|
| 6399 | | - | 195.4rate year. The inflation adjustment must be based on the 12-month period from the midpoint |
|---|
| 6400 | | - | 195.5of the previous rate year to the midpoint of the rate year for which the rate is being |
|---|
| 6401 | | - | 195.6determined. |
|---|
| 6402 | | - | 195.7 (j) Entities who discontinue providing services must be subject to a settle-up process |
|---|
| 6403 | | - | 195.8whereby actual costs and reimbursement for the previous 12 months are compared. In the |
|---|
| 6404 | | - | 195.9event that the entity was paid more than the entity's actual costs plus any applicable |
|---|
| 6405 | | - | 195.10performance-related funding due the provider, the excess payment must be reimbursed to |
|---|
| 6406 | | - | 195.11the department. If a provider's revenue is less than actual allowed costs due to lower |
|---|
| 6407 | | - | 195.12utilization than projected, the commissioner may reimburse the provider to recover its actual |
|---|
| 6408 | | - | 195.13allowable costs. The resulting adjustments by the commissioner must be proportional to the |
|---|
| 6409 | | - | 195.14percent of total units of service reimbursed by the commissioner and must reflect a difference |
|---|
| 6410 | | - | 195.15of greater than five percent. |
|---|
| 6411 | | - | 195.16 (k) A provider may request of the commissioner a review of any rate-setting decision |
|---|
| 6412 | | - | 195.17made under this subdivision. |
|---|
| 6413 | | - | 195.18 Subd. 4.Provider enrollment; rate setting for county-operated entities.Counties |
|---|
| 6414 | | - | 195.19that employ their own staff to provide services under this section shall apply directly to the |
|---|
| 6415 | | - | 195.20commissioner for enrollment and rate setting. In this case, a county contract is not required. |
|---|
| 6416 | | - | 195.21 Subd. 5.Provider enrollment; rate setting for specialized program.A county contract |
|---|
| 6417 | | - | 195.22is not required for a provider proposing to serve a subpopulation of eligible clients under |
|---|
| 6418 | | - | 195.23the following circumstances: |
|---|
| 6419 | | - | 195.24 (1) the provider demonstrates that the subpopulation to be served requires a specialized |
|---|
| 6420 | | - | 195.25program which is not available from county-approved entities; and |
|---|
| 6421 | | - | 195.26 (2) the subpopulation to be served is of such a low incidence that it is not feasible to |
|---|
| 6422 | | - | 195.27develop a program serving a single county or regional group of counties. |
|---|
| 6423 | | - | 195.28 Subd. 6.Sustainability grants.The commissioner may disburse grant funds directly to |
|---|
| 6424 | | - | 195.29intensive residential treatment services providers to maintain access to these services. |
|---|
| 6425 | | - | 195.30 Subd. 7.Start-up grants.The commissioner may, within available appropriations, |
|---|
| 6426 | | - | 195.31disburse grant funding to counties, Indian Tribes, or mental health service providers to |
|---|
| 6427 | | - | 195.32establish additional intensive residential treatment services and residential crisis services. |
|---|
| 6428 | | - | 195Article 6 Sec. 5. |
|---|
| 6429 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 196.1Sec. 6. REPEALER. |
|---|
| 6430 | | - | 196.2 Minnesota Statutes 2024, section 256B.0622, subdivision 4, is repealed. |
|---|
| 6431 | | - | 196.3 ARTICLE 7 |
|---|
| 6432 | | - | 196.4ASSERTIVE COMMUNITY TREATMENT AND INTENSIVE RESIDENTIAL |
|---|
| 6433 | | - | 196.5 TREATMENT SERVICES RECODIFICATION CONFORMING CHANGES |
|---|
| 6434 | | - | 196.6Section 1. Minnesota Statutes 2024, section 148F.11, subdivision 1, is amended to read: |
|---|
| 6435 | | - | 196.7 Subdivision 1.Other professionals.(a) Nothing in this chapter prevents members of |
|---|
| 6436 | | - | 196.8other professions or occupations from performing functions for which they are qualified or |
|---|
| 6437 | | - | 196.9licensed. This exception includes, but is not limited to: licensed physicians; registered nurses; |
|---|
| 6438 | | - | 196.10licensed practical nurses; licensed psychologists and licensed psychological practitioners; |
|---|
| 6439 | | - | 196.11members of the clergy provided such services are provided within the scope of regular |
|---|
| 6440 | | - | 196.12ministries; American Indian medicine men and women; licensed attorneys; probation officers; |
|---|
| 6441 | | - | 196.13licensed marriage and family therapists; licensed social workers; social workers employed |
|---|
| 6442 | | - | 196.14by city, county, or state agencies; licensed professional counselors; licensed professional |
|---|
| 6443 | | - | 196.15clinical counselors; licensed school counselors; registered occupational therapists or |
|---|
| 6444 | | - | 196.16occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders |
|---|
| 6445 | | - | 196.17(UMICAD) certified counselors when providing services to Native American people; city, |
|---|
| 6446 | | - | 196.18county, or state employees when providing assessments or case management under Minnesota |
|---|
| 6447 | | - | 196.19Rules, chapter 9530; and staff persons providing co-occurring substance use disorder |
|---|
| 6448 | | - | 196.20treatment in adult mental health rehabilitative programs certified or licensed by the |
|---|
| 6449 | | - | 196.21Department of Human Services under section 245I.23, 256B.0622, or 256B.0623, or |
|---|
| 6450 | | - | 196.22256B.0632. |
|---|
| 6451 | | - | 196.23 (b) Nothing in this chapter prohibits technicians and resident managers in programs |
|---|
| 6452 | | - | 196.24licensed by the Department of Human Services from discharging their duties as provided |
|---|
| 6453 | | - | 196.25in Minnesota Rules, chapter 9530. |
|---|
| 6454 | | - | 196.26 (c) Any person who is exempt from licensure under this section must not use a title |
|---|
| 6455 | | - | 196.27incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug |
|---|
| 6456 | | - | 196.28counselor" or otherwise hold himself or herself out to the public by any title or description |
|---|
| 6457 | | - | 196.29stating or implying that he or she is engaged in the practice of alcohol and drug counseling, |
|---|
| 6458 | | - | 196.30or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless |
|---|
| 6459 | | - | 196.31that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice |
|---|
| 6460 | | - | 196.32of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the |
|---|
| 6461 | | - | 196.33use of one of the titles in paragraph (a). |
|---|
| 6462 | | - | 196Article 7 Section 1. |
|---|
| 6463 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 197.1Sec. 2. Minnesota Statutes 2024, section 245.4662, subdivision 1, is amended to read: |
|---|
| 6464 | | - | 197.2 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
|---|
| 6465 | | - | 197.3the meanings given them. |
|---|
| 6466 | | - | 197.4 (b) "Community partnership" means a project involving the collaboration of two or more |
|---|
| 6467 | | - | 197.5eligible applicants. |
|---|
| 6468 | | - | 197.6 (c) "Eligible applicant" means an eligible county, Indian tribe, mental health service |
|---|
| 6469 | | - | 197.7provider, hospital, or community partnership. Eligible applicant does not include a |
|---|
| 6470 | | - | 197.8state-operated direct care and treatment facility or program under chapters 246 and 246C. |
|---|
| 6471 | | - | 197.9 (d) "Intensive residential treatment services" has the meaning given in section 256B.0622 |
|---|
| 6472 | | - | 197.10256B.0632. |
|---|
| 6473 | | - | 197.11 (e) "Metropolitan area" means the seven-county metropolitan area, as defined in section |
|---|
| 6474 | | - | 197.12473.121, subdivision 2. |
|---|
| 6475 | | - | 197.13Sec. 3. Minnesota Statutes 2024, section 245.4906, subdivision 2, is amended to read: |
|---|
| 6476 | | - | 197.14 Subd. 2.Eligible applicants.An eligible applicant is a licensed entity or provider that |
|---|
| 6477 | | - | 197.15employs a mental health certified peer specialist qualified under section 245I.04, subdivision |
|---|
| 6478 | | - | 197.1610, and that provides services to individuals receiving assertive community treatment or |
|---|
| 6479 | | - | 197.17intensive residential treatment services under section 256B.0622, intensive residential |
|---|
| 6480 | | - | 197.18treatment services under section 256B.0632, adult rehabilitative mental health services |
|---|
| 6481 | | - | 197.19under section 256B.0623, or crisis response services under section 256B.0624. |
|---|
| 6482 | | - | 197.20Sec. 4. Minnesota Statutes 2024, section 254B.04, subdivision 1a, is amended to read: |
|---|
| 6483 | | - | 197.21 Subd. 1a.Client eligibility.(a) Persons eligible for benefits under Code of Federal |
|---|
| 6484 | | - | 197.22Regulations, title 25, part 20, who meet the income standards of section 256B.056, |
|---|
| 6485 | | - | 197.23subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health |
|---|
| 6486 | | - | 197.24fund services. State money appropriated for this paragraph must be placed in a separate |
|---|
| 6487 | | - | 197.25account established for this purpose. |
|---|
| 6488 | | - | 197.26 (b) Persons with dependent children who are determined to be in need of substance use |
|---|
| 6489 | | - | 197.27disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in |
|---|
| 6490 | | - | 197.28need of chemical dependency treatment pursuant to a case plan under section 260C.201, |
|---|
| 6491 | | - | 197.29subdivision 6, or 260C.212, shall be assisted by the local agency to access needed treatment |
|---|
| 6492 | | - | 197.30services. Treatment services must be appropriate for the individual or family, which may |
|---|
| 6493 | | - | 197.31include long-term care treatment or treatment in a facility that allows the dependent children |
|---|
| 6494 | | - | 197Article 7 Sec. 4. |
|---|
| 6495 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 198.1to stay in the treatment facility. The county shall pay for out-of-home placement costs, if |
|---|
| 6496 | | - | 198.2applicable. |
|---|
| 6497 | | - | 198.3 (c) Notwithstanding paragraph (a), any person enrolled in medical assistance or |
|---|
| 6498 | | - | 198.4MinnesotaCare is eligible for room and board services under section 254B.05, subdivision |
|---|
| 6499 | | - | 198.55, paragraph (b), clause (9). |
|---|
| 6500 | | - | 198.6 (d) A client is eligible to have substance use disorder treatment paid for with funds from |
|---|
| 6501 | | - | 198.7the behavioral health fund when the client: |
|---|
| 6502 | | - | 198.8 (1) is eligible for MFIP as determined under chapter 142G; |
|---|
| 6503 | | - | 198.9 (2) is eligible for medical assistance as determined under Minnesota Rules, parts |
|---|
| 6504 | | - | 198.109505.0010 to 9505.0150; |
|---|
| 6505 | | - | 198.11 (3) is eligible for general assistance, general assistance medical care, or work readiness |
|---|
| 6506 | | - | 198.12as determined under Minnesota Rules, parts 9500.1200 to 9500.1318; or |
|---|
| 6507 | | - | 198.13 (4) has income that is within current household size and income guidelines for entitled |
|---|
| 6508 | | - | 198.14persons, as defined in this subdivision and subdivision 7. |
|---|
| 6509 | | - | 198.15 (e) Clients who meet the financial eligibility requirement in paragraph (a) and who have |
|---|
| 6510 | | - | 198.16a third-party payment source are eligible for the behavioral health fund if the third-party |
|---|
| 6511 | | - | 198.17payment source pays less than 100 percent of the cost of treatment services for eligible |
|---|
| 6512 | | - | 198.18clients. |
|---|
| 6513 | | - | 198.19 (f) A client is ineligible to have substance use disorder treatment services paid for with |
|---|
| 6514 | | - | 198.20behavioral health fund money if the client: |
|---|
| 6515 | | - | 198.21 (1) has an income that exceeds current household size and income guidelines for entitled |
|---|
| 6516 | | - | 198.22persons as defined in this subdivision and subdivision 7; or |
|---|
| 6517 | | - | 198.23 (2) has an available third-party payment source that will pay the total cost of the client's |
|---|
| 6518 | | - | 198.24treatment. |
|---|
| 6519 | | - | 198.25 (g) A client who is disenrolled from a state prepaid health plan during a treatment episode |
|---|
| 6520 | | - | 198.26is eligible for continued treatment service that is paid for by the behavioral health fund until |
|---|
| 6521 | | - | 198.27the treatment episode is completed or the client is re-enrolled in a state prepaid health plan |
|---|
| 6522 | | - | 198.28if the client: |
|---|
| 6523 | | - | 198.29 (1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance |
|---|
| 6524 | | - | 198.30medical care; or |
|---|
| 6525 | | - | 198.31 (2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local |
|---|
| 6526 | | - | 198.32agency under section 254B.04. |
|---|
| 6527 | | - | 198Article 7 Sec. 4. |
|---|
| 6528 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 199.1 (h) When a county commits a client under chapter 253B to a regional treatment center |
|---|
| 6529 | | - | 199.2for substance use disorder services and the client is ineligible for the behavioral health fund, |
|---|
| 6530 | | - | 199.3the county is responsible for the payment to the regional treatment center according to |
|---|
| 6531 | | - | 199.4section 254B.05, subdivision 4. |
|---|
| 6532 | | - | 199.5 (i) Persons enrolled in MinnesotaCare are eligible for room and board services when |
|---|
| 6533 | | - | 199.6provided through intensive residential treatment services and residential crisis services under |
|---|
| 6534 | | - | 199.7section 256B.0622 256B.0632. |
|---|
| 6535 | | - | 199.8Sec. 5. Minnesota Statutes 2024, section 254B.05, subdivision 1a, is amended to read: |
|---|
| 6536 | | - | 199.9 Subd. 1a.Room and board provider requirements.(a) Vendors of room and board |
|---|
| 6537 | | - | 199.10are eligible for behavioral health fund payment if the vendor: |
|---|
| 6538 | | - | 199.11 (1) has rules prohibiting residents bringing chemicals into the facility or using chemicals |
|---|
| 6539 | | - | 199.12while residing in the facility and provide consequences for infractions of those rules; |
|---|
| 6540 | | - | 199.13 (2) is determined to meet applicable health and safety requirements; |
|---|
| 6541 | | - | 199.14 (3) is not a jail or prison; |
|---|
| 6542 | | - | 199.15 (4) is not concurrently receiving funds under chapter 256I for the recipient; |
|---|
| 6543 | | - | 199.16 (5) admits individuals who are 18 years of age or older; |
|---|
| 6544 | | - | 199.17 (6) is registered as a board and lodging or lodging establishment according to section |
|---|
| 6545 | | - | 199.18157.17; |
|---|
| 6546 | | - | 199.19 (7) has awake staff on site whenever a client is present; |
|---|
| 6547 | | - | 199.20 (8) has staff who are at least 18 years of age and meet the requirements of section |
|---|
| 6548 | | - | 199.21245G.11, subdivision 1, paragraph (b); |
|---|
| 6549 | | - | 199.22 (9) has emergency behavioral procedures that meet the requirements of section 245G.16; |
|---|
| 6550 | | - | 199.23 (10) meets the requirements of section 245G.08, subdivision 5, if administering |
|---|
| 6551 | | - | 199.24medications to clients; |
|---|
| 6552 | | - | 199.25 (11) meets the abuse prevention requirements of section 245A.65, including a policy on |
|---|
| 6553 | | - | 199.26fraternization and the mandatory reporting requirements of section 626.557; |
|---|
| 6554 | | - | 199.27 (12) documents coordination with the treatment provider to ensure compliance with |
|---|
| 6555 | | - | 199.28section 254B.03, subdivision 2; |
|---|
| 6556 | | - | 199.29 (13) protects client funds and ensures freedom from exploitation by meeting the |
|---|
| 6557 | | - | 199.30provisions of section 245A.04, subdivision 13; |
|---|
| 6558 | | - | 199Article 7 Sec. 5. |
|---|
| 6559 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 200.1 (14) has a grievance procedure that meets the requirements of section 245G.15, |
|---|
| 6560 | | - | 200.2subdivision 2; and |
|---|
| 6561 | | - | 200.3 (15) has sleeping and bathroom facilities for men and women separated by a door that |
|---|
| 6562 | | - | 200.4is locked, has an alarm, or is supervised by awake staff. |
|---|
| 6563 | | - | 200.5 (b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from |
|---|
| 6564 | | - | 200.6paragraph (a), clauses (5) to (15). |
|---|
| 6565 | | - | 200.7 (c) Programs providing children's mental health crisis admissions and stabilization under |
|---|
| 6566 | | - | 200.8section 245.4882, subdivision 6, are eligible vendors of room and board. |
|---|
| 6567 | | - | 200.9 (d) Programs providing children's residential services under section 245.4882, except |
|---|
| 6568 | | - | 200.10services for individuals who have a placement under chapter 260C or 260D, are eligible |
|---|
| 6569 | | - | 200.11vendors of room and board. |
|---|
| 6570 | | - | 200.12 (e) Licensed programs providing intensive residential treatment services or residential |
|---|
| 6571 | | - | 200.13crisis stabilization services pursuant to section 256B.0622 or 256B.0624 or 256B.0632 are |
|---|
| 6572 | | - | 200.14eligible vendors of room and board and are exempt from paragraph (a), clauses (6) to (15). |
|---|
| 6573 | | - | 200.15 (f) A vendor that is not licensed as a residential treatment program must have a policy |
|---|
| 6574 | | - | 200.16to address staffing coverage when a client may unexpectedly need to be present at the room |
|---|
| 6575 | | - | 200.17and board site. |
|---|
| 6576 | | - | 200.18Sec. 6. Minnesota Statutes 2024, section 256.478, subdivision 2, is amended to read: |
|---|
| 6577 | | - | 200.19 Subd. 2.Eligibility.An individual is eligible for the transition to community initiative |
|---|
| 6578 | | - | 200.20if the individual can demonstrate that current services are not capable of meeting individual |
|---|
| 6579 | | - | 200.21treatment and service needs that can be met in the community with support, and the individual |
|---|
| 6580 | | - | 200.22meets at least one of the following criteria: |
|---|
| 6581 | | - | 200.23 (1) the person meets the criteria under section 256B.092, subdivision 13, or 256B.49, |
|---|
| 6582 | | - | 200.24subdivision 24; |
|---|
| 6583 | | - | 200.25 (2) the person has met treatment objectives and no longer requires a hospital-level care, |
|---|
| 6584 | | - | 200.26residential-level care, or a secure treatment setting, but the person's discharge from the |
|---|
| 6585 | | - | 200.27Anoka Metro Regional Treatment Center, the Minnesota Forensic Mental Health Program, |
|---|
| 6586 | | - | 200.28the Child and Adolescent Behavioral Health Hospital program, a psychiatric residential |
|---|
| 6587 | | - | 200.29treatment facility under section 256B.0941, intensive residential treatment services under |
|---|
| 6588 | | - | 200.30section 256B.0622 256B.0632, children's residential services under section 245.4882, |
|---|
| 6589 | | - | 200.31juvenile detention facility, county supervised building, or a hospital would be substantially |
|---|
| 6590 | | - | 200.32delayed without additional resources available through the transitions to community initiative; |
|---|
| 6591 | | - | 200Article 7 Sec. 6. |
|---|
| 6592 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 201.1 (3) the person (i) is receiving customized living services reimbursed under section |
|---|
| 6593 | | - | 201.2256B.4914, 24-hour customized living services reimbursed under section 256B.4914, or |
|---|
| 6594 | | - | 201.3community residential services reimbursed under section 256B.4914; (ii) expresses a desire |
|---|
| 6595 | | - | 201.4to move; and (iii) has received approval from the commissioner; or |
|---|
| 6596 | | - | 201.5 (4) the person can demonstrate that the person's needs are beyond the scope of current |
|---|
| 6597 | | - | 201.6service designs and grant funding can support the inclusion of additional supports for the |
|---|
| 6598 | | - | 201.7person to access appropriate treatment and services in the least restrictive environment. |
|---|
| 6599 | | - | 201.8Sec. 7. Minnesota Statutes 2024, section 256B.0615, subdivision 1, is amended to read: |
|---|
| 6600 | | - | 201.9 Subdivision 1.Scope.Medical assistance covers mental health certified peer specialist |
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| 6601 | | - | 201.10services, as established in subdivision 2, if provided to recipients who are eligible for services |
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| 6602 | | - | 201.11under sections 256B.0622, 256B.0623, and 256B.0624, and 256B.0632 and are provided |
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| 6603 | | - | 201.12by a mental health certified peer specialist who has completed the training under subdivision |
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| 6604 | | - | 201.135 and is qualified according to section 245I.04, subdivision 10. |
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| 6605 | | - | 201.14Sec. 8. Minnesota Statutes 2024, section 256B.0615, subdivision 3, is amended to read: |
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| 6606 | | - | 201.15 Subd. 3.Eligibility.Peer support services may be made available to consumers of (1) |
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| 6607 | | - | 201.16intensive residential treatment services under section 256B.0622 256B.0632; (2) adult |
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| 6608 | | - | 201.17rehabilitative mental health services under section 256B.0623; and (3) crisis stabilization |
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| 6609 | | - | 201.18and mental health mobile crisis intervention services under section 256B.0624. |
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| 6610 | | - | 201.19Sec. 9. Minnesota Statutes 2024, section 256B.82, is amended to read: |
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| 6611 | | - | 201.20 256B.82 PREPAID PLANS AND MENTAL HEALTH REHABILITATIVE |
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| 6612 | | - | 201.21SERVICES. |
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| 6613 | | - | 201.22 Medical assistance and MinnesotaCare prepaid health plans may include coverage for |
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| 6614 | | - | 201.23adult mental health rehabilitative services under section 256B.0623, intensive rehabilitative |
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| 6615 | | - | 201.24services under section 256B.0622 256B.0632, and adult mental health crisis response services |
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| 6616 | | - | 201.25under section 256B.0624, beginning January 1, 2005. |
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| 6617 | | - | 201.26 By January 15, 2004, the commissioner shall report to the legislature how these services |
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| 6618 | | - | 201.27should be included in prepaid plans. The commissioner shall consult with mental health |
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| 6619 | | - | 201.28advocates, health plans, and counties in developing this report. The report recommendations |
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| 6620 | | - | 201.29must include a plan to ensure coordination of these services between health plans and |
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| 6621 | | - | 201.30counties, assure recipient access to essential community providers, and monitor the health |
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| 6622 | | - | 201.31plans' delivery of services through utilization review and quality standards. |
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| 6623 | | - | 201Article 7 Sec. 9. |
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| 6624 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 202.1Sec. 10. Minnesota Statutes 2024, section 256D.44, subdivision 5, is amended to read: |
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| 6625 | | - | 202.2 Subd. 5.Special needs.(a) In addition to the state standards of assistance established |
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| 6626 | | - | 202.3in subdivisions 1 to 4, payments are allowed for the following special needs of recipients |
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| 6627 | | - | 202.4of Minnesota supplemental aid who are not residents of a nursing home, a regional treatment |
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| 6628 | | - | 202.5center, or a setting authorized to receive housing support payments under chapter 256I. |
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| 6629 | | - | 202.6 (b) The county agency shall pay a monthly allowance for medically prescribed diets if |
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| 6630 | | - | 202.7the cost of those additional dietary needs cannot be met through some other maintenance |
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| 6631 | | - | 202.8benefit. The need for special diets or dietary items must be prescribed by a licensed physician, |
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| 6632 | | - | 202.9advanced practice registered nurse, or physician assistant. Costs for special diets shall be |
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| 6633 | | - | 202.10determined as percentages of the allotment for a one-person household under the thrifty |
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| 6634 | | - | 202.11food plan as defined by the United States Department of Agriculture. The types of diets and |
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| 6635 | | - | 202.12the percentages of the thrifty food plan that are covered are as follows: |
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| 6636 | | - | 202.13 (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan; |
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| 6637 | | - | 202.14 (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent of |
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| 6638 | | - | 202.15thrifty food plan; |
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| 6639 | | - | 202.16 (3) controlled protein diet, less than 40 grams and requires special products, 125 percent |
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| 6640 | | - | 202.17of thrifty food plan; |
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| 6641 | | - | 202.18 (4) low cholesterol diet, 25 percent of thrifty food plan; |
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| 6642 | | - | 202.19 (5) high residue diet, 20 percent of thrifty food plan; |
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| 6643 | | - | 202.20 (6) pregnancy and lactation diet, 35 percent of thrifty food plan; |
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| 6644 | | - | 202.21 (7) gluten-free diet, 25 percent of thrifty food plan; |
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| 6645 | | - | 202.22 (8) lactose-free diet, 25 percent of thrifty food plan; |
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| 6646 | | - | 202.23 (9) antidumping diet, 15 percent of thrifty food plan; |
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| 6647 | | - | 202.24 (10) hypoglycemic diet, 15 percent of thrifty food plan; or |
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| 6648 | | - | 202.25 (11) ketogenic diet, 25 percent of thrifty food plan. |
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| 6649 | | - | 202.26 (c) Payment for nonrecurring special needs must be allowed for necessary home repairs |
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| 6650 | | - | 202.27or necessary repairs or replacement of household furniture and appliances using the payment |
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| 6651 | | - | 202.28standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as |
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| 6652 | | - | 202.29other funding sources are not available. |
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| 6653 | | - | 202.30 (d) A fee for guardian or conservator service is allowed at a reasonable rate negotiated |
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| 6654 | | - | 202.31by the county or approved by the court. This rate shall not exceed five percent of the |
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| 6655 | | - | 202Article 7 Sec. 10. |
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| 6656 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 203.1assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian |
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| 6657 | | - | 203.2or conservator is a member of the county agency staff, no fee is allowed. |
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| 6658 | | - | 203.3 (e) The county agency shall continue to pay a monthly allowance of $68 for restaurant |
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| 6659 | | - | 203.4meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and |
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| 6660 | | - | 203.5who eats two or more meals in a restaurant daily. The allowance must continue until the |
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| 6661 | | - | 203.6person has not received Minnesota supplemental aid for one full calendar month or until |
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| 6662 | | - | 203.7the person's living arrangement changes and the person no longer meets the criteria for the |
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| 6663 | | - | 203.8restaurant meal allowance, whichever occurs first. |
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| 6664 | | - | 203.9 (f) A fee equal to the maximum monthly amount allowed by the Social Security |
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| 6665 | | - | 203.10Administration is allowed for representative payee services provided by an agency that |
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| 6666 | | - | 203.11meets the requirements under SSI regulations to charge a fee for representative payee |
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| 6667 | | - | 203.12services. This special need is available to all recipients of Minnesota supplemental aid |
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| 6668 | | - | 203.13regardless of their living arrangement. |
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| 6669 | | - | 203.14 (g)(1) Notwithstanding the language in this subdivision, an amount equal to one-half of |
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| 6670 | | - | 203.15the maximum federal Supplemental Security Income payment amount for a single individual |
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| 6671 | | - | 203.16which is in effect on the first day of July of each year will be added to the standards of |
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| 6672 | | - | 203.17assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify as |
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| 6673 | | - | 203.18in need of housing assistance and are: |
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| 6674 | | - | 203.19 (i) relocating from an institution, a setting authorized to receive housing support under |
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| 6675 | | - | 203.20chapter 256I, or an adult mental health residential treatment program under section 256B.0622 |
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| 6676 | | - | 203.21256B.0632; |
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| 6677 | | - | 203.22 (ii) eligible for personal care assistance under section 256B.0659; or |
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| 6678 | | - | 203.23 (iii) home and community-based waiver recipients living in their own home or rented |
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| 6679 | | - | 203.24or leased apartment. |
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| 6680 | | - | 203.25 (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the shelter |
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| 6681 | | - | 203.26needy benefit under this paragraph is considered a household of one. An eligible individual |
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| 6682 | | - | 203.27who receives this benefit prior to age 65 may continue to receive the benefit after the age |
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| 6683 | | - | 203.28of 65. |
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| 6684 | | - | 203.29 (3) "Housing assistance" means that the assistance unit incurs monthly shelter costs that |
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| 6685 | | - | 203.30exceed 40 percent of the assistance unit's gross income before the application of this special |
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| 6686 | | - | 203.31needs standard. "Gross income" for the purposes of this section is the applicant's or recipient's |
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| 6687 | | - | 203.32income as defined in section 256D.35, subdivision 10, or the standard specified in subdivision |
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| 6688 | | - | 203.333, paragraph (a) or (b), whichever is greater. A recipient of a federal or state housing subsidy, |
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| 6689 | | - | 203Article 7 Sec. 10. |
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| 6690 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 204.1that limits shelter costs to a percentage of gross income, shall not be considered in need of |
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| 6691 | | - | 204.2housing assistance for purposes of this paragraph. |
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| 6692 | | - | 204.3 ARTICLE 8 |
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| 6693 | | - | 204.4 CHILDREN'S MENTAL HEALTH TERMINOLOGY |
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| 6694 | | - | 204.5Section 1. Minnesota Statutes 2024, section 62Q.527, subdivision 1, is amended to read: |
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| 6695 | | - | 204.6 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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| 6696 | | - | 204.7the meanings given them. |
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| 6697 | | - | 204.8 (b) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15. |
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| 6698 | | - | 204.9 (c) (b) "Mental illness" has the meaning given in section sections 245.462, subdivision |
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| 6699 | | - | 204.1020, paragraph (a), and 245.4871, subdivision 15. |
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| 6700 | | - | 204.11 (d) (c) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes |
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| 6701 | | - | 204.12the coverages described in section 62A.011, subdivision 3, clauses (7) and (10). |
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| 6702 | | - | 204.13Sec. 2. Minnesota Statutes 2024, section 62Q.527, subdivision 2, is amended to read: |
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| 6703 | | - | 204.14 Subd. 2.Required coverage for antipsychotic drugs.(a) A health plan that provides |
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| 6704 | | - | 204.15prescription drug coverage must provide coverage for an antipsychotic drug prescribed to |
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| 6705 | | - | 204.16treat emotional disturbance or mental illness regardless of whether the drug is in the health |
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| 6706 | | - | 204.17plan's drug formulary, if the health care provider prescribing the drug: |
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| 6707 | | - | 204.18 (1) indicates to the dispensing pharmacist, orally or in writing according to section |
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| 6708 | | - | 204.19151.21, that the prescription must be dispensed as communicated; and |
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| 6709 | | - | 204.20 (2) certifies in writing to the health plan company that the health care provider has |
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| 6710 | | - | 204.21considered all equivalent drugs in the health plan's drug formulary and has determined that |
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| 6711 | | - | 204.22the drug prescribed will best treat the patient's condition. |
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| 6712 | | - | 204.23 (b) The health plan is not required to provide coverage for a drug if the drug was removed |
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| 6713 | | - | 204.24from the health plan's drug formulary for safety reasons. |
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| 6714 | | - | 204.25 (c) For drugs covered under this section, no health plan company that has received a |
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| 6715 | | - | 204.26certification from the health care provider as described in paragraph (a) may: |
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| 6716 | | - | 204.27 (1) impose a special deductible, co-payment, coinsurance, or other special payment |
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| 6717 | | - | 204.28requirement that the health plan does not apply to drugs that are in the health plan's drug |
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| 6718 | | - | 204.29formulary; or |
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| 6719 | | - | 204Article 8 Sec. 2. |
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| 6720 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 205.1 (2) require written certification from the prescribing provider each time a prescription |
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| 6721 | | - | 205.2is refilled or renewed that the drug prescribed will best treat the patient's condition. |
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| 6722 | | - | 205.3Sec. 3. Minnesota Statutes 2024, section 62Q.527, subdivision 3, is amended to read: |
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| 6723 | | - | 205.4 Subd. 3.Continuing care.(a) Enrollees receiving a prescribed drug to treat a diagnosed |
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| 6724 | | - | 205.5mental illness or emotional disturbance may continue to receive the prescribed drug for up |
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| 6725 | | - | 205.6to one year without the imposition of a special deductible, co-payment, coinsurance, or |
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| 6726 | | - | 205.7other special payment requirements, when a health plan's drug formulary changes or an |
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| 6727 | | - | 205.8enrollee changes health plans and the medication has been shown to effectively treat the |
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| 6728 | | - | 205.9patient's condition. In order to be eligible for this continuing care benefit: |
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| 6729 | | - | 205.10 (1) the patient must have been treated with the drug for 90 days prior to a change in a |
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| 6730 | | - | 205.11health plan's drug formulary or a change in the enrollee's health plan; |
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| 6731 | | - | 205.12 (2) the health care provider prescribing the drug indicates to the dispensing pharmacist, |
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| 6732 | | - | 205.13orally or in writing according to section 151.21, that the prescription must be dispensed as |
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| 6733 | | - | 205.14communicated; and |
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| 6734 | | - | 205.15 (3) the health care provider prescribing the drug certifies in writing to the health plan |
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| 6735 | | - | 205.16company that the drug prescribed will best treat the patient's condition. |
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| 6736 | | - | 205.17 (b) The continuing care benefit shall be extended annually when the health care provider |
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| 6737 | | - | 205.18prescribing the drug: |
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| 6738 | | - | 205.19 (1) indicates to the dispensing pharmacist, orally or in writing according to section |
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| 6739 | | - | 205.20151.21, that the prescription must be dispensed as communicated; and |
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| 6740 | | - | 205.21 (2) certifies in writing to the health plan company that the drug prescribed will best treat |
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| 6741 | | - | 205.22the patient's condition. |
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| 6742 | | - | 205.23 (c) The health plan company is not required to provide coverage for a drug if the drug |
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| 6743 | | - | 205.24was removed from the health plan's drug formulary for safety reasons. |
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| 6744 | | - | 205.25Sec. 4. Minnesota Statutes 2024, section 121A.61, subdivision 3, is amended to read: |
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| 6745 | | - | 205.26 Subd. 3.Policy components.The policy must include at least the following components: |
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| 6746 | | - | 205.27 (a) rules governing student conduct and procedures for informing students of the rules; |
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| 6747 | | - | 205.28 (b) the grounds for removal of a student from a class; |
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| 6748 | | - | 205.29 (c) the authority of the classroom teacher to remove students from the classroom pursuant |
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| 6749 | | - | 205.30to procedures and rules established in the district's policy; |
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| 6750 | | - | 205Article 8 Sec. 4. |
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| 6751 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 206.1 (d) the procedures for removal of a student from a class by a teacher, school administrator, |
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| 6752 | | - | 206.2or other school district employee; |
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| 6753 | | - | 206.3 (e) the period of time for which a student may be removed from a class, which may not |
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| 6754 | | - | 206.4exceed five class periods for a violation of a rule of conduct; |
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| 6755 | | - | 206.5 (f) provisions relating to the responsibility for and custody of a student removed from |
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| 6756 | | - | 206.6a class; |
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| 6757 | | - | 206.7 (g) the procedures for return of a student to the specified class from which the student |
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| 6758 | | - | 206.8has been removed; |
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| 6759 | | - | 206.9 (h) the procedures for notifying a student and the student's parents or guardian of |
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| 6760 | | - | 206.10violations of the rules of conduct and of resulting disciplinary actions; |
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| 6761 | | - | 206.11 (i) any procedures determined appropriate for encouraging early involvement of parents |
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| 6762 | | - | 206.12or guardians in attempts to improve a student's behavior; |
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| 6763 | | - | 206.13 (j) any procedures determined appropriate for encouraging early detection of behavioral |
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| 6764 | | - | 206.14problems; |
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| 6765 | | - | 206.15 (k) any procedures determined appropriate for referring a student in need of special |
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| 6766 | | - | 206.16education services to those services; |
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| 6767 | | - | 206.17 (l) any procedures determined appropriate for ensuring victims of bullying who respond |
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| 6768 | | - | 206.18with behavior not allowed under the school's behavior policies have access to a remedial |
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| 6769 | | - | 206.19response, consistent with section 121A.031; |
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| 6770 | | - | 206.20 (m) the procedures for consideration of whether there is a need for a further assessment |
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| 6771 | | - | 206.21or of whether there is a need for a review of the adequacy of a current individualized |
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| 6772 | | - | 206.22education program of a student with a disability who is removed from class; |
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| 6773 | | - | 206.23 (n) procedures for detecting and addressing chemical abuse problems of a student while |
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| 6774 | | - | 206.24on the school premises; |
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| 6775 | | - | 206.25 (o) the minimum consequences for violations of the code of conduct; |
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| 6776 | | - | 206.26 (p) procedures for immediate and appropriate interventions tied to violations of the code; |
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| 6777 | | - | 206.27 (q) a provision that states that a teacher, school employee, school bus driver, or other |
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| 6778 | | - | 206.28agent of a district may use reasonable force in compliance with section 121A.582 and other |
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| 6779 | | - | 206.29laws; |
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| 6780 | | - | 206.30 (r) an agreement regarding procedures to coordinate crisis services to the extent funds |
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| 6781 | | - | 206.31are available with the county board responsible for implementing sections 245.487 to |
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| 6782 | | - | 206Article 8 Sec. 4. |
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| 6783 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 207.1245.4889 for students with a serious emotional disturbance mental illness or other students |
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| 6784 | | - | 207.2who have an individualized education program whose behavior may be addressed by crisis |
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| 6785 | | - | 207.3intervention; |
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| 6786 | | - | 207.4 (s) a provision that states a student must be removed from class immediately if the student |
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| 6787 | | - | 207.5engages in assault or violent behavior. For purposes of this paragraph, "assault" has the |
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| 6788 | | - | 207.6meaning given it in section 609.02, subdivision 10. The removal shall be for a period of |
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| 6789 | | - | 207.7time deemed appropriate by the principal, in consultation with the teacher; |
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| 6790 | | - | 207.8 (t) a prohibition on the use of exclusionary practices for early learners as defined in |
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| 6791 | | - | 207.9section 121A.425; and |
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| 6792 | | - | 207.10 (u) a prohibition on the use of exclusionary practices to address attendance and truancy |
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| 6793 | | - | 207.11issues. |
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| 6794 | | - | 207.12Sec. 5. Minnesota Statutes 2024, section 128C.02, subdivision 5, is amended to read: |
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| 6795 | | - | 207.13 Subd. 5.Rules for open enrollees.(a) The league shall adopt league rules and regulations |
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| 6796 | | - | 207.14governing the athletic participation of pupils attending school in a nonresident district under |
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| 6797 | | - | 207.15section 124D.03. |
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| 6798 | | - | 207.16 (b) Notwithstanding other law or league rule or regulation to the contrary, when a student |
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| 6799 | | - | 207.17enrolls in or is readmitted to a recovery-focused high school after successfully completing |
|---|
| 6800 | | - | 207.18a licensed program for treatment of alcohol or substance abuse, or mental illness, or emotional |
|---|
| 6801 | | - | 207.19disturbance, the student is immediately eligible to participate on the same basis as other |
|---|
| 6802 | | - | 207.20district students in the league-sponsored activities of the student's resident school district. |
|---|
| 6803 | | - | 207.21Nothing in this paragraph prohibits the league or school district from enforcing a league or |
|---|
| 6804 | | - | 207.22district penalty resulting from the student violating a league or district rule. |
|---|
| 6805 | | - | 207.23 (c) The league shall adopt league rules making a student with an individualized education |
|---|
| 6806 | | - | 207.24program who transfers from one public school to another public school as a reasonable |
|---|
| 6807 | | - | 207.25accommodation to reduce barriers to educational access immediately eligible to participate |
|---|
| 6808 | | - | 207.26in league-sponsored varsity competition on the same basis as other students in the school |
|---|
| 6809 | | - | 207.27to which the student transfers. The league also must establish guidelines, consistent with |
|---|
| 6810 | | - | 207.28this paragraph, for reviewing the 504 plan of a student who transfers between public schools |
|---|
| 6811 | | - | 207.29to determine whether the student is immediately eligible to participate in league-sponsored |
|---|
| 6812 | | - | 207.30varsity competition on the same basis as other students in the school to which the student |
|---|
| 6813 | | - | 207.31transfers. |
|---|
| 6814 | | - | 207Article 8 Sec. 5. |
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| 6815 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 208.1Sec. 6. Minnesota Statutes 2024, section 142G.02, subdivision 56, is amended to read: |
|---|
| 6816 | | - | 208.2 Subd. 56.Learning disabled."Learning disabled," for purposes of an extension to the |
|---|
| 6817 | | - | 208.360-month time limit under section 142G.42, subdivision 4, clause (3), means the person has |
|---|
| 6818 | | - | 208.4a disorder in one or more of the psychological processes involved in perceiving, |
|---|
| 6819 | | - | 208.5understanding, or using concepts through verbal language or nonverbal means. Learning |
|---|
| 6820 | | - | 208.6disabled does not include learning problems that are primarily the result of visual, hearing, |
|---|
| 6821 | | - | 208.7or motor disabilities; developmental disability; emotional disturbance; or mental illness or |
|---|
| 6822 | | - | 208.8due to environmental, cultural, or economic disadvantage. |
|---|
| 6823 | | - | 208.9Sec. 7. Minnesota Statutes 2024, section 142G.27, subdivision 4, is amended to read: |
|---|
| 6824 | | - | 208.10 Subd. 4.Good cause exemptions for not attending orientation.(a) The county agency |
|---|
| 6825 | | - | 208.11shall not impose the sanction under section 142G.70 if it determines that the participant has |
|---|
| 6826 | | - | 208.12good cause for failing to attend orientation. Good cause exists when: |
|---|
| 6827 | | - | 208.13 (1) appropriate child care is not available; |
|---|
| 6828 | | - | 208.14 (2) the participant is ill or injured; |
|---|
| 6829 | | - | 208.15 (3) a family member is ill and needs care by the participant that prevents the participant |
|---|
| 6830 | | - | 208.16from attending orientation. For a caregiver with a child or adult in the household who meets |
|---|
| 6831 | | - | 208.17the disability or medical criteria for home care services under section 256B.0659, or a home |
|---|
| 6832 | | - | 208.18and community-based waiver services program under chapter 256B, or meets the criteria |
|---|
| 6833 | | - | 208.19for severe emotional disturbance serious mental illness under section 245.4871, subdivision |
|---|
| 6834 | | - | 208.206, or for serious and persistent mental illness under section 245.462, subdivision 20, |
|---|
| 6835 | | - | 208.21paragraph (c), good cause also exists when an interruption in the provision of those services |
|---|
| 6836 | | - | 208.22occurs which prevents the participant from attending orientation; |
|---|
| 6837 | | - | 208.23 (4) the caregiver is unable to secure necessary transportation; |
|---|
| 6838 | | - | 208.24 (5) the caregiver is in an emergency situation that prevents orientation attendance; |
|---|
| 6839 | | - | 208.25 (6) the orientation conflicts with the caregiver's work, training, or school schedule; or |
|---|
| 6840 | | - | 208.26 (7) the caregiver documents other verifiable impediments to orientation attendance |
|---|
| 6841 | | - | 208.27beyond the caregiver's control. |
|---|
| 6842 | | - | 208.28 (b) Counties must work with clients to provide child care and transportation necessary |
|---|
| 6843 | | - | 208.29to ensure a caregiver has every opportunity to attend orientation. |
|---|
| 6844 | | - | 208Article 8 Sec. 7. |
|---|
| 6845 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 209.1Sec. 8. Minnesota Statutes 2024, section 142G.42, subdivision 3, is amended to read: |
|---|
| 6846 | | - | 209.2 Subd. 3.Ill or incapacitated.(a) An assistance unit subject to the time limit in section |
|---|
| 6847 | | - | 209.3142G.40, subdivision 1, is eligible to receive months of assistance under a hardship extension |
|---|
| 6848 | | - | 209.4if the participant who reached the time limit belongs to any of the following groups: |
|---|
| 6849 | | - | 209.5 (1) participants who are suffering from an illness, injury, or incapacity which has been |
|---|
| 6850 | | - | 209.6certified by a qualified professional when the illness, injury, or incapacity is expected to |
|---|
| 6851 | | - | 209.7continue for more than 30 days and severely limits the person's ability to obtain or maintain |
|---|
| 6852 | | - | 209.8suitable employment. These participants must follow the treatment recommendations of the |
|---|
| 6853 | | - | 209.9qualified professional certifying the illness, injury, or incapacity; |
|---|
| 6854 | | - | 209.10 (2) participants whose presence in the home is required as a caregiver because of the |
|---|
| 6855 | | - | 209.11illness, injury, or incapacity of another member in the assistance unit, a relative in the |
|---|
| 6856 | | - | 209.12household, or a foster child in the household when the illness or incapacity and the need |
|---|
| 6857 | | - | 209.13for a person to provide assistance in the home has been certified by a qualified professional |
|---|
| 6858 | | - | 209.14and is expected to continue for more than 30 days; or |
|---|
| 6859 | | - | 209.15 (3) caregivers with a child or an adult in the household who meets the disability or |
|---|
| 6860 | | - | 209.16medical criteria for home care services under section 256B.0651, subdivision 1, paragraph |
|---|
| 6861 | | - | 209.17(c), or a home and community-based waiver services program under chapter 256B, or meets |
|---|
| 6862 | | - | 209.18the criteria for severe emotional disturbance serious mental illness under section 245.4871, |
|---|
| 6863 | | - | 209.19subdivision 6, or for serious and persistent mental illness under section 245.462, subdivision |
|---|
| 6864 | | - | 209.2020, paragraph (c). Caregivers in this category are presumed to be prevented from obtaining |
|---|
| 6865 | | - | 209.21or maintaining suitable employment. |
|---|
| 6866 | | - | 209.22 (b) An assistance unit receiving assistance under a hardship extension under this |
|---|
| 6867 | | - | 209.23subdivision may continue to receive assistance as long as the participant meets the criteria |
|---|
| 6868 | | - | 209.24in paragraph (a), clause (1), (2), or (3). |
|---|
| 6869 | | - | 209.25Sec. 9. Minnesota Statutes 2024, section 245.462, subdivision 4, is amended to read: |
|---|
| 6870 | | - | 209.26 Subd. 4.Case management service provider.(a) "Case management service provider" |
|---|
| 6871 | | - | 209.27means a case manager or case manager associate employed by the county or other entity |
|---|
| 6872 | | - | 209.28authorized by the county board to provide case management services specified in section |
|---|
| 6873 | | - | 209.29245.4711. |
|---|
| 6874 | | - | 209.30 (b) A case manager must: |
|---|
| 6875 | | - | 209.31 (1) be skilled in the process of identifying and assessing a wide range of client needs; |
|---|
| 6876 | | - | 209Article 8 Sec. 9. |
|---|
| 6877 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 210.1 (2) be knowledgeable about local community resources and how to use those resources |
|---|
| 6878 | | - | 210.2for the benefit of the client; |
|---|
| 6879 | | - | 210.3 (3) be a mental health practitioner as defined in section 245I.04, subdivision 4, or have |
|---|
| 6880 | | - | 210.4a bachelor's degree in one of the behavioral sciences or related fields including, but not |
|---|
| 6881 | | - | 210.5limited to, social work, psychology, or nursing from an accredited college or university. A |
|---|
| 6882 | | - | 210.6case manager who is not a mental health practitioner and who does not have a bachelor's |
|---|
| 6883 | | - | 210.7degree in one of the behavioral sciences or related fields must meet the requirements of |
|---|
| 6884 | | - | 210.8paragraph (c); and |
|---|
| 6885 | | - | 210.9 (4) meet the supervision and continuing education requirements described in paragraphs |
|---|
| 6886 | | - | 210.10(d), (e), and (f), as applicable. |
|---|
| 6887 | | - | 210.11 (c) Case managers without a bachelor's degree must meet one of the requirements in |
|---|
| 6888 | | - | 210.12clauses (1) to (3): |
|---|
| 6889 | | - | 210.13 (1) have three or four years of experience as a case manager associate as defined in this |
|---|
| 6890 | | - | 210.14section; |
|---|
| 6891 | | - | 210.15 (2) be a registered nurse without a bachelor's degree and have a combination of |
|---|
| 6892 | | - | 210.16specialized training in psychiatry and work experience consisting of community interaction |
|---|
| 6893 | | - | 210.17and involvement or community discharge planning in a mental health setting totaling three |
|---|
| 6894 | | - | 210.18years; or |
|---|
| 6895 | | - | 210.19 (3) be a person who qualified as a case manager under the 1998 Department of Human |
|---|
| 6896 | | - | 210.20Service waiver provision and meet the continuing education and mentoring requirements |
|---|
| 6897 | | - | 210.21in this section. |
|---|
| 6898 | | - | 210.22 (d) A case manager with at least 2,000 hours of supervised experience in the delivery |
|---|
| 6899 | | - | 210.23of services to adults with mental illness must receive regular ongoing supervision and clinical |
|---|
| 6900 | | - | 210.24supervision totaling 38 hours per year of which at least one hour per month must be clinical |
|---|
| 6901 | | - | 210.25supervision regarding individual service delivery with a case management supervisor. The |
|---|
| 6902 | | - | 210.26remaining 26 hours of supervision may be provided by a case manager with two years of |
|---|
| 6903 | | - | 210.27experience. Group supervision may not constitute more than one-half of the required |
|---|
| 6904 | | - | 210.28supervision hours. Clinical supervision must be documented in the client record. |
|---|
| 6905 | | - | 210.29 (e) A case manager without 2,000 hours of supervised experience in the delivery of |
|---|
| 6906 | | - | 210.30services to adults with mental illness must: |
|---|
| 6907 | | - | 210.31 (1) receive clinical supervision regarding individual service delivery from a mental |
|---|
| 6908 | | - | 210.32health professional at least one hour per week until the requirement of 2,000 hours of |
|---|
| 6909 | | - | 210.33experience is met; and |
|---|
| 6910 | | - | 210Article 8 Sec. 9. |
|---|
| 6911 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 211.1 (2) complete 40 hours of training approved by the commissioner in case management |
|---|
| 6912 | | - | 211.2skills and the characteristics and needs of adults with serious and persistent mental illness. |
|---|
| 6913 | | - | 211.3 (f) A case manager who is not licensed, registered, or certified by a health-related |
|---|
| 6914 | | - | 211.4licensing board must receive 30 hours of continuing education and training in mental illness |
|---|
| 6915 | | - | 211.5and mental health services every two years. |
|---|
| 6916 | | - | 211.6 (g) A case manager associate (CMA) must: |
|---|
| 6917 | | - | 211.7 (1) work under the direction of a case manager or case management supervisor; |
|---|
| 6918 | | - | 211.8 (2) be at least 21 years of age; |
|---|
| 6919 | | - | 211.9 (3) have at least a high school diploma or its equivalent; and |
|---|
| 6920 | | - | 211.10 (4) meet one of the following criteria: |
|---|
| 6921 | | - | 211.11 (i) have an associate of arts degree in one of the behavioral sciences or human services; |
|---|
| 6922 | | - | 211.12 (ii) be a certified peer specialist under section 256B.0615; |
|---|
| 6923 | | - | 211.13 (iii) be a registered nurse without a bachelor's degree; |
|---|
| 6924 | | - | 211.14 (iv) within the previous ten years, have three years of life experience with serious and |
|---|
| 6925 | | - | 211.15persistent mental illness as defined in subdivision 20; or as a child had severe emotional |
|---|
| 6926 | | - | 211.16disturbance a serious mental illness as defined in section 245.4871, subdivision 6; or have |
|---|
| 6927 | | - | 211.17three years life experience as a primary caregiver to an adult with serious and persistent |
|---|
| 6928 | | - | 211.18mental illness within the previous ten years; |
|---|
| 6929 | | - | 211.19 (v) have 6,000 hours work experience as a nondegreed state hospital technician; or |
|---|
| 6930 | | - | 211.20 (vi) have at least 6,000 hours of supervised experience in the delivery of services to |
|---|
| 6931 | | - | 211.21persons with mental illness. |
|---|
| 6932 | | - | 211.22 Individuals meeting one of the criteria in items (i) to (v) may qualify as a case manager |
|---|
| 6933 | | - | 211.23after four years of supervised work experience as a case manager associate. Individuals |
|---|
| 6934 | | - | 211.24meeting the criteria in item (vi) may qualify as a case manager after three years of supervised |
|---|
| 6935 | | - | 211.25experience as a case manager associate. |
|---|
| 6936 | | - | 211.26 (h) A case management associate must meet the following supervision, mentoring, and |
|---|
| 6937 | | - | 211.27continuing education requirements: |
|---|
| 6938 | | - | 211.28 (1) have 40 hours of preservice training described under paragraph (e), clause (2); |
|---|
| 6939 | | - | 211.29 (2) receive at least 40 hours of continuing education in mental illness and mental health |
|---|
| 6940 | | - | 211.30services annually; and |
|---|
| 6941 | | - | 211Article 8 Sec. 9. |
|---|
| 6942 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 212.1 (3) receive at least five hours of mentoring per week from a case management mentor. |
|---|
| 6943 | | - | 212.2A "case management mentor" means a qualified, practicing case manager or case management |
|---|
| 6944 | | - | 212.3supervisor who teaches or advises and provides intensive training and clinical supervision |
|---|
| 6945 | | - | 212.4to one or more case manager associates. Mentoring may occur while providing direct services |
|---|
| 6946 | | - | 212.5to consumers in the office or in the field and may be provided to individuals or groups of |
|---|
| 6947 | | - | 212.6case manager associates. At least two mentoring hours per week must be individual and |
|---|
| 6948 | | - | 212.7face-to-face. |
|---|
| 6949 | | - | 212.8 (i) A case management supervisor must meet the criteria for mental health professionals, |
|---|
| 6950 | | - | 212.9as specified in subdivision 18. |
|---|
| 6951 | | - | 212.10 (j) An immigrant who does not have the qualifications specified in this subdivision may |
|---|
| 6952 | | - | 212.11provide case management services to adult immigrants with serious and persistent mental |
|---|
| 6953 | | - | 212.12illness who are members of the same ethnic group as the case manager if the person: |
|---|
| 6954 | | - | 212.13 (1) is currently enrolled in and is actively pursuing credits toward the completion of a |
|---|
| 6955 | | - | 212.14bachelor's degree in one of the behavioral sciences or a related field including, but not |
|---|
| 6956 | | - | 212.15limited to, social work, psychology, or nursing from an accredited college or university; |
|---|
| 6957 | | - | 212.16 (2) completes 40 hours of training as specified in this subdivision; and |
|---|
| 6958 | | - | 212.17 (3) receives clinical supervision at least once a week until the requirements of this |
|---|
| 6959 | | - | 212.18subdivision are met. |
|---|
| 6960 | | - | 212.19Sec. 10. Minnesota Statutes 2024, section 245.4682, subdivision 3, is amended to read: |
|---|
| 6961 | | - | 212.20 Subd. 3.Projects for coordination of care.(a) Consistent with section 256B.69 and |
|---|
| 6962 | | - | 212.21chapter 256L, the commissioner is authorized to solicit, approve, and implement up to three |
|---|
| 6963 | | - | 212.22projects to demonstrate the integration of physical and mental health services within prepaid |
|---|
| 6964 | | - | 212.23health plans and their coordination with social services. The commissioner shall require |
|---|
| 6965 | | - | 212.24that each project be based on locally defined partnerships that include at least one health |
|---|
| 6966 | | - | 212.25maintenance organization, community integrated service network, or accountable provider |
|---|
| 6967 | | - | 212.26network authorized and operating under chapter 62D, 62N, or 62T, or county-based |
|---|
| 6968 | | - | 212.27purchasing entity under section 256B.692 that is eligible to contract with the commissioner |
|---|
| 6969 | | - | 212.28as a prepaid health plan, and the county or counties within the service area. Counties shall |
|---|
| 6970 | | - | 212.29retain responsibility and authority for social services in these locally defined partnerships. |
|---|
| 6971 | | - | 212.30 (b) The commissioner, in consultation with consumers, families, and their representatives, |
|---|
| 6972 | | - | 212.31shall: |
|---|
| 6973 | | - | 212Article 8 Sec. 10. |
|---|
| 6974 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 213.1 (1) determine criteria for approving the projects and use those criteria to solicit proposals |
|---|
| 6975 | | - | 213.2for preferred integrated networks. The commissioner must develop criteria to evaluate the |
|---|
| 6976 | | - | 213.3partnership proposed by the county and prepaid health plan to coordinate access and delivery |
|---|
| 6977 | | - | 213.4of services. The proposal must at a minimum address how the partnership will coordinate |
|---|
| 6978 | | - | 213.5the provision of: |
|---|
| 6979 | | - | 213.6 (i) client outreach and identification of health and social service needs paired with |
|---|
| 6980 | | - | 213.7expedited access to appropriate resources; |
|---|
| 6981 | | - | 213.8 (ii) activities to maintain continuity of health care coverage; |
|---|
| 6982 | | - | 213.9 (iii) children's residential mental health treatment and treatment foster care; |
|---|
| 6983 | | - | 213.10 (iv) court-ordered assessments and treatments; |
|---|
| 6984 | | - | 213.11 (v) prepetition screening and commitments under chapter 253B; |
|---|
| 6985 | | - | 213.12 (vi) assessment and treatment of children identified through mental health screening of |
|---|
| 6986 | | - | 213.13child welfare and juvenile corrections cases; |
|---|
| 6987 | | - | 213.14 (vii) home and community-based waiver services; |
|---|
| 6988 | | - | 213.15 (viii) assistance with finding and maintaining employment; |
|---|
| 6989 | | - | 213.16 (ix) housing; and |
|---|
| 6990 | | - | 213.17 (x) transportation; |
|---|
| 6991 | | - | 213.18 (2) determine specifications for contracts with prepaid health plans to improve the plan's |
|---|
| 6992 | | - | 213.19ability to serve persons with mental health conditions, including specifications addressing: |
|---|
| 6993 | | - | 213.20 (i) early identification and intervention of physical and behavioral health problems; |
|---|
| 6994 | | - | 213.21 (ii) communication between the enrollee and the health plan; |
|---|
| 6995 | | - | 213.22 (iii) facilitation of enrollment for persons who are also eligible for a Medicare special |
|---|
| 6996 | | - | 213.23needs plan offered by the health plan; |
|---|
| 6997 | | - | 213.24 (iv) risk screening procedures; |
|---|
| 6998 | | - | 213.25 (v) health care coordination; |
|---|
| 6999 | | - | 213.26 (vi) member services and access to applicable protections and appeal processes; |
|---|
| 7000 | | - | 213.27 (vii) specialty provider networks; |
|---|
| 7001 | | - | 213.28 (viii) transportation services; |
|---|
| 7002 | | - | 213.29 (ix) treatment planning; and |
|---|
| 7003 | | - | 213Article 8 Sec. 10. |
|---|
| 7004 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 214.1 (x) administrative simplification for providers; |
|---|
| 7005 | | - | 214.2 (3) begin implementation of the projects no earlier than January 1, 2009, with not more |
|---|
| 7006 | | - | 214.3than 40 percent of the statewide population included during calendar year 2009 and additional |
|---|
| 7007 | | - | 214.4counties included in subsequent years; |
|---|
| 7008 | | - | 214.5 (4) waive any administrative rule not consistent with the implementation of the projects; |
|---|
| 7009 | | - | 214.6 (5) allow potential bidders at least 90 days to respond to the request for proposals; and |
|---|
| 7010 | | - | 214.7 (6) conduct an independent evaluation to determine if mental health outcomes have |
|---|
| 7011 | | - | 214.8improved in that county or counties according to measurable standards designed in |
|---|
| 7012 | | - | 214.9consultation with the advisory body established under this subdivision and reviewed by the |
|---|
| 7013 | | - | 214.10State Advisory Council on Mental Health. |
|---|
| 7014 | | - | 214.11 (c) Notwithstanding any statute or administrative rule to the contrary, the commissioner |
|---|
| 7015 | | - | 214.12may enroll all persons eligible for medical assistance with serious mental illness or emotional |
|---|
| 7016 | | - | 214.13disturbance in the prepaid plan of their choice within the project service area unless: |
|---|
| 7017 | | - | 214.14 (1) the individual is eligible for home and community-based services for persons with |
|---|
| 7018 | | - | 214.15developmental disabilities and related conditions under section 256B.092; or |
|---|
| 7019 | | - | 214.16 (2) the individual has a basis for exclusion from the prepaid plan under section 256B.69, |
|---|
| 7020 | | - | 214.17subdivision 4, other than disability, or mental illness, or emotional disturbance. |
|---|
| 7021 | | - | 214.18 (d) The commissioner shall involve organizations representing persons with mental |
|---|
| 7022 | | - | 214.19illness and their families in the development and distribution of information used to educate |
|---|
| 7023 | | - | 214.20potential enrollees regarding their options for health care and mental health service delivery |
|---|
| 7024 | | - | 214.21under this subdivision. |
|---|
| 7025 | | - | 214.22 (e) If the person described in paragraph (c) does not elect to remain in fee-for-service |
|---|
| 7026 | | - | 214.23medical assistance, or declines to choose a plan, the commissioner may preferentially assign |
|---|
| 7027 | | - | 214.24that person to the prepaid plan participating in the preferred integrated network. The |
|---|
| 7028 | | - | 214.25commissioner shall implement the enrollment changes within a project's service area on the |
|---|
| 7029 | | - | 214.26timeline specified in that project's approved application. |
|---|
| 7030 | | - | 214.27 (f) A person enrolled in a prepaid health plan under paragraphs (c) and (d) may disenroll |
|---|
| 7031 | | - | 214.28from the plan at any time. |
|---|
| 7032 | | - | 214.29 (g) The commissioner, in consultation with consumers, families, and their representatives, |
|---|
| 7033 | | - | 214.30shall evaluate the projects begun in 2009, and shall refine the design of the service integration |
|---|
| 7034 | | - | 214.31projects before expanding the projects. The commissioner shall report to the chairs of the |
|---|
| 7035 | | - | 214Article 8 Sec. 10. |
|---|
| 7036 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 215.1legislative committees with jurisdiction over mental health services by March 1, 2008, on |
|---|
| 7037 | | - | 215.2plans for evaluation of preferred integrated networks established under this subdivision. |
|---|
| 7038 | | - | 215.3 (h) The commissioner shall apply for any federal waivers necessary to implement these |
|---|
| 7039 | | - | 215.4changes. |
|---|
| 7040 | | - | 215.5 (i) Payment for Medicaid service providers under this subdivision for the months of |
|---|
| 7041 | | - | 215.6May and June will be made no earlier than July 1 of the same calendar year. |
|---|
| 7042 | | - | 215.7Sec. 11. Minnesota Statutes 2024, section 245.4835, subdivision 2, is amended to read: |
|---|
| 7043 | | - | 215.8 Subd. 2.Failure to maintain expenditures.(a) If a county does not comply with |
|---|
| 7044 | | - | 215.9subdivision 1, the commissioner shall require the county to develop a corrective action plan |
|---|
| 7045 | | - | 215.10according to a format and timeline established by the commissioner. If the commissioner |
|---|
| 7046 | | - | 215.11determines that a county has not developed an acceptable corrective action plan within the |
|---|
| 7047 | | - | 215.12required timeline, or that the county is not in compliance with an approved corrective action |
|---|
| 7048 | | - | 215.13plan, the protections provided to that county under section 245.485 do not apply. |
|---|
| 7049 | | - | 215.14 (b) The commissioner shall consider the following factors to determine whether to |
|---|
| 7050 | | - | 215.15approve a county's corrective action plan: |
|---|
| 7051 | | - | 215.16 (1) the degree to which a county is maximizing revenues for mental health services from |
|---|
| 7052 | | - | 215.17noncounty sources; |
|---|
| 7053 | | - | 215.18 (2) the degree to which a county is expanding use of alternative services that meet mental |
|---|
| 7054 | | - | 215.19health needs, but do not count as mental health services within existing reporting systems. |
|---|
| 7055 | | - | 215.20If approved by the commissioner, the alternative services must be included in the county's |
|---|
| 7056 | | - | 215.21base as well as subsequent years. The commissioner's approval for alternative services must |
|---|
| 7057 | | - | 215.22be based on the following criteria: |
|---|
| 7058 | | - | 215.23 (i) the service must be provided to children with emotional disturbance or adults with |
|---|
| 7059 | | - | 215.24mental illness; |
|---|
| 7060 | | - | 215.25 (ii) the services must be based on an individual treatment plan or individual community |
|---|
| 7061 | | - | 215.26support plan as defined in the Comprehensive Mental Health Act; and |
|---|
| 7062 | | - | 215.27 (iii) the services must be supervised by a mental health professional and provided by |
|---|
| 7063 | | - | 215.28staff who meet the staff qualifications defined in sections 256B.0943, subdivision 7, and |
|---|
| 7064 | | - | 215.29256B.0623, subdivision 5. |
|---|
| 7065 | | - | 215.30 (c) Additional county expenditures to make up for the prior year's underspending may |
|---|
| 7066 | | - | 215.31be spread out over a two-year period. |
|---|
| 7067 | | - | 215Article 8 Sec. 11. |
|---|
| 7068 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 216.1Sec. 12. Minnesota Statutes 2024, section 245.4863, is amended to read: |
|---|
| 7069 | | - | 216.2 245.4863 INTEGRATED CO-OCCURRING DISORDER TREATMENT. |
|---|
| 7070 | | - | 216.3 (a) The commissioner shall require individuals who perform substance use disorder |
|---|
| 7071 | | - | 216.4assessments to screen clients for co-occurring mental health disorders, and staff who perform |
|---|
| 7072 | | - | 216.5mental health diagnostic assessments to screen for co-occurring substance use disorders. |
|---|
| 7073 | | - | 216.6Screening tools must be approved by the commissioner. If a client screens positive for a |
|---|
| 7074 | | - | 216.7co-occurring mental health or substance use disorder, the individual performing the screening |
|---|
| 7075 | | - | 216.8must document what actions will be taken in response to the results and whether further |
|---|
| 7076 | | - | 216.9assessments must be performed. |
|---|
| 7077 | | - | 216.10 (b) Notwithstanding paragraph (a), screening is not required when: |
|---|
| 7078 | | - | 216.11 (1) the presence of co-occurring disorders was documented for the client in the past 12 |
|---|
| 7079 | | - | 216.12months; |
|---|
| 7080 | | - | 216.13 (2) the client is currently receiving co-occurring disorders treatment; |
|---|
| 7081 | | - | 216.14 (3) the client is being referred for co-occurring disorders treatment; or |
|---|
| 7082 | | - | 216.15 (4) a mental health professional who is competent to perform diagnostic assessments of |
|---|
| 7083 | | - | 216.16co-occurring disorders is performing a diagnostic assessment to identify whether the client |
|---|
| 7084 | | - | 216.17may have co-occurring mental health and substance use disorders. If an individual is |
|---|
| 7085 | | - | 216.18identified to have co-occurring mental health and substance use disorders, the assessing |
|---|
| 7086 | | - | 216.19mental health professional must document what actions will be taken to address the client's |
|---|
| 7087 | | - | 216.20co-occurring disorders. |
|---|
| 7088 | | - | 216.21 (c) The commissioner shall adopt rules as necessary to implement this section. The |
|---|
| 7089 | | - | 216.22commissioner shall ensure that the rules are effective on July 1, 2013, thereby establishing |
|---|
| 7090 | | - | 216.23a certification process for integrated dual disorder treatment providers and a system through |
|---|
| 7091 | | - | 216.24which individuals receive integrated dual diagnosis treatment if assessed as having both a |
|---|
| 7092 | | - | 216.25substance use disorder and either a serious mental illness or emotional disturbance. |
|---|
| 7093 | | - | 216.26 (d) The commissioner shall apply for any federal waivers necessary to secure, to the |
|---|
| 7094 | | - | 216.27extent allowed by law, federal financial participation for the provision of integrated dual |
|---|
| 7095 | | - | 216.28diagnosis treatment to persons with co-occurring disorders. |
|---|
| 7096 | | - | 216.29Sec. 13. Minnesota Statutes 2024, section 245.487, subdivision 2, is amended to read: |
|---|
| 7097 | | - | 216.30 Subd. 2.Findings.The legislature finds there is a need for further development of |
|---|
| 7098 | | - | 216.31existing clinical services for emotionally disturbed children with mental illness and their |
|---|
| 7099 | | - | 216.32families and the creation of new services for this population. Although the services specified |
|---|
| 7100 | | - | 216Article 8 Sec. 13. |
|---|
| 7101 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 217.1in sections 245.487 to 245.4889 are mental health services, sections 245.487 to 245.4889 |
|---|
| 7102 | | - | 217.2emphasize the need for a child-oriented and family-oriented approach of therapeutic |
|---|
| 7103 | | - | 217.3programming and the need for continuity of care with other community agencies. At the |
|---|
| 7104 | | - | 217.4same time, sections 245.487 to 245.4889 emphasize the importance of developing special |
|---|
| 7105 | | - | 217.5mental health expertise in children's mental health services because of the unique needs of |
|---|
| 7106 | | - | 217.6this population. |
|---|
| 7107 | | - | 217.7 Nothing in sections 245.487 to 245.4889 shall be construed to abridge the authority of |
|---|
| 7108 | | - | 217.8the court to make dispositions under chapter 260, but the mental health services due any |
|---|
| 7109 | | - | 217.9child with serious and persistent mental illness, as defined in section 245.462, subdivision |
|---|
| 7110 | | - | 217.1020, or with severe emotional disturbance a serious mental illness, as defined in section |
|---|
| 7111 | | - | 217.11245.4871, subdivision 6, shall be made a part of any disposition affecting that child. |
|---|
| 7112 | | - | 217.12Sec. 14. Minnesota Statutes 2024, section 245.4871, subdivision 3, is amended to read: |
|---|
| 7113 | | - | 217.13 Subd. 3.Case management services."Case management services" means activities |
|---|
| 7114 | | - | 217.14that are coordinated with the family community support services and are designed to help |
|---|
| 7115 | | - | 217.15the child with severe emotional disturbance serious mental illness and the child's family |
|---|
| 7116 | | - | 217.16obtain needed mental health services, social services, educational services, health services, |
|---|
| 7117 | | - | 217.17vocational services, recreational services, and related services in the areas of volunteer |
|---|
| 7118 | | - | 217.18services, advocacy, transportation, and legal services. Case management services include |
|---|
| 7119 | | - | 217.19assisting in obtaining a comprehensive diagnostic assessment, developing an individual |
|---|
| 7120 | | - | 217.20family community support plan, and assisting the child and the child's family in obtaining |
|---|
| 7121 | | - | 217.21needed services by coordination with other agencies and assuring continuity of care. Case |
|---|
| 7122 | | - | 217.22managers must assess and reassess the delivery, appropriateness, and effectiveness of services |
|---|
| 7123 | | - | 217.23over time. |
|---|
| 7124 | | - | 217.24Sec. 15. Minnesota Statutes 2024, section 245.4871, subdivision 4, is amended to read: |
|---|
| 7125 | | - | 217.25 Subd. 4.Case management service provider.(a) "Case management service provider" |
|---|
| 7126 | | - | 217.26means a case manager or case manager associate employed by the county or other entity |
|---|
| 7127 | | - | 217.27authorized by the county board to provide case management services specified in subdivision |
|---|
| 7128 | | - | 217.283 for the child with severe emotional disturbance serious mental illness and the child's |
|---|
| 7129 | | - | 217.29family. |
|---|
| 7130 | | - | 217.30 (b) A case manager must: |
|---|
| 7131 | | - | 217.31 (1) have experience and training in working with children; |
|---|
| 7132 | | - | 217Article 8 Sec. 15. |
|---|
| 7133 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 218.1 (2) have at least a bachelor's degree in one of the behavioral sciences or a related field |
|---|
| 7134 | | - | 218.2including, but not limited to, social work, psychology, or nursing from an accredited college |
|---|
| 7135 | | - | 218.3or university or meet the requirements of paragraph (d); |
|---|
| 7136 | | - | 218.4 (3) have experience and training in identifying and assessing a wide range of children's |
|---|
| 7137 | | - | 218.5needs; |
|---|
| 7138 | | - | 218.6 (4) be knowledgeable about local community resources and how to use those resources |
|---|
| 7139 | | - | 218.7for the benefit of children and their families; and |
|---|
| 7140 | | - | 218.8 (5) meet the supervision and continuing education requirements of paragraphs (e), (f), |
|---|
| 7141 | | - | 218.9and (g), as applicable. |
|---|
| 7142 | | - | 218.10 (c) A case manager may be a member of any professional discipline that is part of the |
|---|
| 7143 | | - | 218.11local system of care for children established by the county board. |
|---|
| 7144 | | - | 218.12 (d) A case manager without a bachelor's degree must meet one of the requirements in |
|---|
| 7145 | | - | 218.13clauses (1) to (3): |
|---|
| 7146 | | - | 218.14 (1) have three or four years of experience as a case manager associate; |
|---|
| 7147 | | - | 218.15 (2) be a registered nurse without a bachelor's degree who has a combination of specialized |
|---|
| 7148 | | - | 218.16training in psychiatry and work experience consisting of community interaction and |
|---|
| 7149 | | - | 218.17involvement or community discharge planning in a mental health setting totaling three years; |
|---|
| 7150 | | - | 218.18or |
|---|
| 7151 | | - | 218.19 (3) be a person who qualified as a case manager under the 1998 Department of Human |
|---|
| 7152 | | - | 218.20Services waiver provision and meets the continuing education, supervision, and mentoring |
|---|
| 7153 | | - | 218.21requirements in this section. |
|---|
| 7154 | | - | 218.22 (e) A case manager with at least 2,000 hours of supervised experience in the delivery |
|---|
| 7155 | | - | 218.23of mental health services to children must receive regular ongoing supervision and clinical |
|---|
| 7156 | | - | 218.24supervision totaling 38 hours per year, of which at least one hour per month must be clinical |
|---|
| 7157 | | - | 218.25supervision regarding individual service delivery with a case management supervisor. The |
|---|
| 7158 | | - | 218.26other 26 hours of supervision may be provided by a case manager with two years of |
|---|
| 7159 | | - | 218.27experience. Group supervision may not constitute more than one-half of the required |
|---|
| 7160 | | - | 218.28supervision hours. |
|---|
| 7161 | | - | 218.29 (f) A case manager without 2,000 hours of supervised experience in the delivery of |
|---|
| 7162 | | - | 218.30mental health services to children with emotional disturbance mental illness must: |
|---|
| 7163 | | - | 218.31 (1) begin 40 hours of training approved by the commissioner of human services in case |
|---|
| 7164 | | - | 218.32management skills and in the characteristics and needs of children with severe emotional |
|---|
| 7165 | | - | 218Article 8 Sec. 15. |
|---|
| 7166 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 219.1disturbance serious mental illness before beginning to provide case management services; |
|---|
| 7167 | | - | 219.2and |
|---|
| 7168 | | - | 219.3 (2) receive clinical supervision regarding individual service delivery from a mental |
|---|
| 7169 | | - | 219.4health professional at least one hour each week until the requirement of 2,000 hours of |
|---|
| 7170 | | - | 219.5experience is met. |
|---|
| 7171 | | - | 219.6 (g) A case manager who is not licensed, registered, or certified by a health-related |
|---|
| 7172 | | - | 219.7licensing board must receive 30 hours of continuing education and training in severe |
|---|
| 7173 | | - | 219.8emotional disturbance serious mental illness and mental health services every two years. |
|---|
| 7174 | | - | 219.9 (h) Clinical supervision must be documented in the child's record. When the case manager |
|---|
| 7175 | | - | 219.10is not a mental health professional, the county board must provide or contract for needed |
|---|
| 7176 | | - | 219.11clinical supervision. |
|---|
| 7177 | | - | 219.12 (i) The county board must ensure that the case manager has the freedom to access and |
|---|
| 7178 | | - | 219.13coordinate the services within the local system of care that are needed by the child. |
|---|
| 7179 | | - | 219.14 (j) A case manager associate (CMA) must: |
|---|
| 7180 | | - | 219.15 (1) work under the direction of a case manager or case management supervisor; |
|---|
| 7181 | | - | 219.16 (2) be at least 21 years of age; |
|---|
| 7182 | | - | 219.17 (3) have at least a high school diploma or its equivalent; and |
|---|
| 7183 | | - | 219.18 (4) meet one of the following criteria: |
|---|
| 7184 | | - | 219.19 (i) have an associate of arts degree in one of the behavioral sciences or human services; |
|---|
| 7185 | | - | 219.20 (ii) be a registered nurse without a bachelor's degree; |
|---|
| 7186 | | - | 219.21 (iii) have three years of life experience as a primary caregiver to a child with serious |
|---|
| 7187 | | - | 219.22emotional disturbance mental illness as defined in subdivision 6 within the previous ten |
|---|
| 7188 | | - | 219.23years; |
|---|
| 7189 | | - | 219.24 (iv) have 6,000 hours work experience as a nondegreed state hospital technician; or |
|---|
| 7190 | | - | 219.25 (v) have 6,000 hours of supervised work experience in the delivery of mental health |
|---|
| 7191 | | - | 219.26services to children with emotional disturbances mental illness; hours worked as a mental |
|---|
| 7192 | | - | 219.27health behavioral aide I or II under section 256B.0943, subdivision 7, may count toward |
|---|
| 7193 | | - | 219.28the 6,000 hours of supervised work experience. |
|---|
| 7194 | | - | 219.29 Individuals meeting one of the criteria in items (i) to (iv) may qualify as a case manager |
|---|
| 7195 | | - | 219.30after four years of supervised work experience as a case manager associate. Individuals |
|---|
| 7196 | | - | 219Article 8 Sec. 15. |
|---|
| 7197 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 220.1meeting the criteria in item (v) may qualify as a case manager after three years of supervised |
|---|
| 7198 | | - | 220.2experience as a case manager associate. |
|---|
| 7199 | | - | 220.3 (k) Case manager associates must meet the following supervision, mentoring, and |
|---|
| 7200 | | - | 220.4continuing education requirements; |
|---|
| 7201 | | - | 220.5 (1) have 40 hours of preservice training described under paragraph (f), clause (1); |
|---|
| 7202 | | - | 220.6 (2) receive at least 40 hours of continuing education in severe emotional disturbance |
|---|
| 7203 | | - | 220.7serious mental illness and mental health service annually; and |
|---|
| 7204 | | - | 220.8 (3) receive at least five hours of mentoring per week from a case management mentor. |
|---|
| 7205 | | - | 220.9A "case management mentor" means a qualified, practicing case manager or case management |
|---|
| 7206 | | - | 220.10supervisor who teaches or advises and provides intensive training and clinical supervision |
|---|
| 7207 | | - | 220.11to one or more case manager associates. Mentoring may occur while providing direct services |
|---|
| 7208 | | - | 220.12to consumers in the office or in the field and may be provided to individuals or groups of |
|---|
| 7209 | | - | 220.13case manager associates. At least two mentoring hours per week must be individual and |
|---|
| 7210 | | - | 220.14face-to-face. |
|---|
| 7211 | | - | 220.15 (l) A case management supervisor must meet the criteria for a mental health professional |
|---|
| 7212 | | - | 220.16as specified in subdivision 27. |
|---|
| 7213 | | - | 220.17 (m) An immigrant who does not have the qualifications specified in this subdivision |
|---|
| 7214 | | - | 220.18may provide case management services to child immigrants with severe emotional |
|---|
| 7215 | | - | 220.19disturbance serious mental illness of the same ethnic group as the immigrant if the person: |
|---|
| 7216 | | - | 220.20 (1) is currently enrolled in and is actively pursuing credits toward the completion of a |
|---|
| 7217 | | - | 220.21bachelor's degree in one of the behavioral sciences or related fields at an accredited college |
|---|
| 7218 | | - | 220.22or university; |
|---|
| 7219 | | - | 220.23 (2) completes 40 hours of training as specified in this subdivision; and |
|---|
| 7220 | | - | 220.24 (3) receives clinical supervision at least once a week until the requirements of obtaining |
|---|
| 7221 | | - | 220.25a bachelor's degree and 2,000 hours of supervised experience are met. |
|---|
| 7222 | | - | 220.26Sec. 16. Minnesota Statutes 2024, section 245.4871, subdivision 6, is amended to read: |
|---|
| 7223 | | - | 220.27 Subd. 6.Child with severe emotional disturbance serious mental illness.For purposes |
|---|
| 7224 | | - | 220.28of eligibility for case management and family community support services, "child with |
|---|
| 7225 | | - | 220.29severe emotional disturbance serious mental illness" means a child who has an emotional |
|---|
| 7226 | | - | 220.30disturbance a mental illness and who meets one of the following criteria: |
|---|
| 7227 | | - | 220Article 8 Sec. 16. |
|---|
| 7228 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 221.1 (1) the child has been admitted within the last three years or is at risk of being admitted |
|---|
| 7229 | | - | 221.2to inpatient treatment or residential treatment for an emotional disturbance a mental illness; |
|---|
| 7230 | | - | 221.3or |
|---|
| 7231 | | - | 221.4 (2) the child is a Minnesota resident and is receiving inpatient treatment or residential |
|---|
| 7232 | | - | 221.5treatment for an emotional disturbance a mental illness through the interstate compact; or |
|---|
| 7233 | | - | 221.6 (3) the child has one of the following as determined by a mental health professional: |
|---|
| 7234 | | - | 221.7 (i) psychosis or a clinical depression; or |
|---|
| 7235 | | - | 221.8 (ii) risk of harming self or others as a result of an emotional disturbance a mental illness; |
|---|
| 7236 | | - | 221.9or |
|---|
| 7237 | | - | 221.10 (iii) psychopathological symptoms as a result of being a victim of physical or sexual |
|---|
| 7238 | | - | 221.11abuse or of psychic trauma within the past year; or |
|---|
| 7239 | | - | 221.12 (4) the child, as a result of an emotional disturbance a mental illness, has significantly |
|---|
| 7240 | | - | 221.13impaired home, school, or community functioning that has lasted at least one year or that, |
|---|
| 7241 | | - | 221.14in the written opinion of a mental health professional, presents substantial risk of lasting at |
|---|
| 7242 | | - | 221.15least one year. |
|---|
| 7243 | | - | 221.16Sec. 17. Minnesota Statutes 2024, section 245.4871, subdivision 13, is amended to read: |
|---|
| 7244 | | - | 221.17 Subd. 13.Education and prevention services.(a) "Education and prevention services" |
|---|
| 7245 | | - | 221.18means services designed to: |
|---|
| 7246 | | - | 221.19 (1) educate the general public; |
|---|
| 7247 | | - | 221.20 (2) increase the understanding and acceptance of problems associated with emotional |
|---|
| 7248 | | - | 221.21disturbances children's mental illnesses; |
|---|
| 7249 | | - | 221.22 (3) improve people's skills in dealing with high-risk situations known to affect children's |
|---|
| 7250 | | - | 221.23mental health and functioning; and |
|---|
| 7251 | | - | 221.24 (4) refer specific children or their families with mental health needs to mental health |
|---|
| 7252 | | - | 221.25services. |
|---|
| 7253 | | - | 221.26 (b) The services include distribution to individuals and agencies identified by the county |
|---|
| 7254 | | - | 221.27board and the local children's mental health advisory council of information on predictors |
|---|
| 7255 | | - | 221.28and symptoms of emotional disturbances mental illnesses, where mental health services are |
|---|
| 7256 | | - | 221.29available in the county, and how to access the services. |
|---|
| 7257 | | - | 221Article 8 Sec. 17. |
|---|
| 7258 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 222.1Sec. 18. Minnesota Statutes 2024, section 245.4871, subdivision 15, is amended to read: |
|---|
| 7259 | | - | 222.2 Subd. 15.Emotional disturbance Mental illness."Emotional disturbance" "Mental |
|---|
| 7260 | | - | 222.3illness" means an organic disorder of the brain or a clinically significant disorder of thought, |
|---|
| 7261 | | - | 222.4mood, perception, orientation, memory, or behavior that: |
|---|
| 7262 | | - | 222.5 (1) is detailed in a diagnostic codes list published by the commissioner; and |
|---|
| 7263 | | - | 222.6 (2) seriously limits a child's capacity to function in primary aspects of daily living such |
|---|
| 7264 | | - | 222.7as personal relations, living arrangements, work, school, and recreation. |
|---|
| 7265 | | - | 222.8 "Emotional disturbance" Mental illness is a generic term and is intended to reflect all |
|---|
| 7266 | | - | 222.9categories of disorder described in the clinical code list published by the commissioner as |
|---|
| 7267 | | - | 222.10"usually first evident in childhood or adolescence." |
|---|
| 7268 | | - | 222.11Sec. 19. Minnesota Statutes 2024, section 245.4871, subdivision 17, is amended to read: |
|---|
| 7269 | | - | 222.12 Subd. 17.Family community support services."Family community support services" |
|---|
| 7270 | | - | 222.13means services provided under the treatment supervision of a mental health professional |
|---|
| 7271 | | - | 222.14and designed to help each child with severe emotional disturbance serious mental illness to |
|---|
| 7272 | | - | 222.15function and remain with the child's family in the community. Family community support |
|---|
| 7273 | | - | 222.16services do not include acute care hospital inpatient treatment, residential treatment services, |
|---|
| 7274 | | - | 222.17or regional treatment center services. Family community support services include: |
|---|
| 7275 | | - | 222.18 (1) client outreach to each child with severe emotional disturbance serious mental illness |
|---|
| 7276 | | - | 222.19and the child's family; |
|---|
| 7277 | | - | 222.20 (2) medication monitoring where necessary; |
|---|
| 7278 | | - | 222.21 (3) assistance in developing independent living skills; |
|---|
| 7279 | | - | 222.22 (4) assistance in developing parenting skills necessary to address the needs of the child |
|---|
| 7280 | | - | 222.23with severe emotional disturbance serious mental illness; |
|---|
| 7281 | | - | 222.24 (5) assistance with leisure and recreational activities; |
|---|
| 7282 | | - | 222.25 (6) crisis planning, including crisis placement and respite care; |
|---|
| 7283 | | - | 222.26 (7) professional home-based family treatment; |
|---|
| 7284 | | - | 222.27 (8) foster care with therapeutic supports; |
|---|
| 7285 | | - | 222.28 (9) day treatment; |
|---|
| 7286 | | - | 222.29 (10) assistance in locating respite care and special needs day care; and |
|---|
| 7287 | | - | 222Article 8 Sec. 19. |
|---|
| 7288 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 223.1 (11) assistance in obtaining potential financial resources, including those benefits listed |
|---|
| 7289 | | - | 223.2in section 245.4884, subdivision 5. |
|---|
| 7290 | | - | 223.3Sec. 20. Minnesota Statutes 2024, section 245.4871, subdivision 19, is amended to read: |
|---|
| 7291 | | - | 223.4 Subd. 19.Individual family community support plan."Individual family community |
|---|
| 7292 | | - | 223.5support plan" means a written plan developed by a case manager in conjunction with the |
|---|
| 7293 | | - | 223.6family and the child with severe emotional disturbance serious mental illness on the basis |
|---|
| 7294 | | - | 223.7of a diagnostic assessment and a functional assessment. The plan identifies specific services |
|---|
| 7295 | | - | 223.8needed by a child and the child's family to: |
|---|
| 7296 | | - | 223.9 (1) treat the symptoms and dysfunctions determined in the diagnostic assessment; |
|---|
| 7297 | | - | 223.10 (2) relieve conditions leading to emotional disturbance mental illness and improve the |
|---|
| 7298 | | - | 223.11personal well-being of the child; |
|---|
| 7299 | | - | 223.12 (3) improve family functioning; |
|---|
| 7300 | | - | 223.13 (4) enhance daily living skills; |
|---|
| 7301 | | - | 223.14 (5) improve functioning in education and recreation settings; |
|---|
| 7302 | | - | 223.15 (6) improve interpersonal and family relationships; |
|---|
| 7303 | | - | 223.16 (7) enhance vocational development; and |
|---|
| 7304 | | - | 223.17 (8) assist in obtaining transportation, housing, health services, and employment. |
|---|
| 7305 | | - | 223.18Sec. 21. Minnesota Statutes 2024, section 245.4871, subdivision 21, is amended to read: |
|---|
| 7306 | | - | 223.19 Subd. 21.Individual treatment plan.(a) "Individual treatment plan" means the |
|---|
| 7307 | | - | 223.20formulation of planned services that are responsive to the needs and goals of a client. An |
|---|
| 7308 | | - | 223.21individual treatment plan must be completed according to section 245I.10, subdivisions 7 |
|---|
| 7309 | | - | 223.22and 8. |
|---|
| 7310 | | - | 223.23 (b) A children's residential facility licensed under Minnesota Rules, chapter 2960, is |
|---|
| 7311 | | - | 223.24exempt from the requirements of section 245I.10, subdivisions 7 and 8. Instead, the individual |
|---|
| 7312 | | - | 223.25treatment plan must: |
|---|
| 7313 | | - | 223.26 (1) include a written plan of intervention, treatment, and services for a child with an |
|---|
| 7314 | | - | 223.27emotional disturbance a mental illness that the service provider develops under the clinical |
|---|
| 7315 | | - | 223.28supervision of a mental health professional on the basis of a diagnostic assessment; |
|---|
| 7316 | | - | 223.29 (2) be developed in conjunction with the family unless clinically inappropriate; and |
|---|
| 7317 | | - | 223Article 8 Sec. 21. |
|---|
| 7318 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 224.1 (3) identify goals and objectives of treatment, treatment strategy, a schedule for |
|---|
| 7319 | | - | 224.2accomplishing treatment goals and objectives, and the individuals responsible for providing |
|---|
| 7320 | | - | 224.3treatment to the child with an emotional disturbance a mental illness. |
|---|
| 7321 | | - | 224.4Sec. 22. Minnesota Statutes 2024, section 245.4871, subdivision 22, is amended to read: |
|---|
| 7322 | | - | 224.5 Subd. 22.Legal representative."Legal representative" means a guardian, conservator, |
|---|
| 7323 | | - | 224.6or guardian ad litem of a child with an emotional disturbance a mental illness authorized |
|---|
| 7324 | | - | 224.7by the court to make decisions about mental health services for the child. |
|---|
| 7325 | | - | 224.8Sec. 23. Minnesota Statutes 2024, section 245.4871, subdivision 28, is amended to read: |
|---|
| 7326 | | - | 224.9 Subd. 28.Mental health services."Mental health services" means at least all of the |
|---|
| 7327 | | - | 224.10treatment services and case management activities that are provided to children with |
|---|
| 7328 | | - | 224.11emotional disturbances mental illnesses and are described in sections 245.487 to 245.4889. |
|---|
| 7329 | | - | 224.12Sec. 24. Minnesota Statutes 2024, section 245.4871, subdivision 29, is amended to read: |
|---|
| 7330 | | - | 224.13 Subd. 29.Outpatient services."Outpatient services" means mental health services, |
|---|
| 7331 | | - | 224.14excluding day treatment and community support services programs, provided by or under |
|---|
| 7332 | | - | 224.15the treatment supervision of a mental health professional to children with emotional |
|---|
| 7333 | | - | 224.16disturbances mental illnesses who live outside a hospital. Outpatient services include clinical |
|---|
| 7334 | | - | 224.17activities such as individual, group, and family therapy; individual treatment planning; |
|---|
| 7335 | | - | 224.18diagnostic assessments; medication management; and psychological testing. |
|---|
| 7336 | | - | 224.19Sec. 25. Minnesota Statutes 2024, section 245.4871, subdivision 32, is amended to read: |
|---|
| 7337 | | - | 224.20 Subd. 32.Residential treatment."Residential treatment" means a 24-hour-a-day program |
|---|
| 7338 | | - | 224.21under the treatment supervision of a mental health professional, in a community residential |
|---|
| 7339 | | - | 224.22setting other than an acute care hospital or regional treatment center inpatient unit, that must |
|---|
| 7340 | | - | 224.23be licensed as a residential treatment program for children with emotional disturbances |
|---|
| 7341 | | - | 224.24mental illnesses under Minnesota Rules, parts 2960.0580 to 2960.0700, or other rules adopted |
|---|
| 7342 | | - | 224.25by the commissioner. |
|---|
| 7343 | | - | 224.26Sec. 26. Minnesota Statutes 2024, section 245.4871, subdivision 34, is amended to read: |
|---|
| 7344 | | - | 224.27 Subd. 34.Therapeutic support of foster care."Therapeutic support of foster care" |
|---|
| 7345 | | - | 224.28means the mental health training and mental health support services and treatment supervision |
|---|
| 7346 | | - | 224.29provided by a mental health professional to foster families caring for children with severe |
|---|
| 7347 | | - | 224.30emotional disturbance serious mental illnesses to provide a therapeutic family environment |
|---|
| 7348 | | - | 224Article 8 Sec. 26. |
|---|
| 7349 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 225.1and support for the child's improved functioning. Therapeutic support of foster care includes |
|---|
| 7350 | | - | 225.2services provided under section 256B.0946. |
|---|
| 7351 | | - | 225.3Sec. 27. Minnesota Statutes 2024, section 245.4873, subdivision 2, is amended to read: |
|---|
| 7352 | | - | 225.4 Subd. 2.State level; coordination.The Children's Cabinet, under section 4.045, in |
|---|
| 7353 | | - | 225.5consultation with a representative of the Minnesota District Judges Association Juvenile |
|---|
| 7354 | | - | 225.6Committee, shall: |
|---|
| 7355 | | - | 225.7 (1) educate each agency about the policies, procedures, funding, and services for children |
|---|
| 7356 | | - | 225.8with emotional disturbances mental illnesses of all agencies represented; |
|---|
| 7357 | | - | 225.9 (2) develop mechanisms for interagency coordination on behalf of children with emotional |
|---|
| 7358 | | - | 225.10disturbances mental illnesses; |
|---|
| 7359 | | - | 225.11 (3) identify barriers including policies and procedures within all agencies represented |
|---|
| 7360 | | - | 225.12that interfere with delivery of mental health services for children; |
|---|
| 7361 | | - | 225.13 (4) recommend policy and procedural changes needed to improve development and |
|---|
| 7362 | | - | 225.14delivery of mental health services for children in the agency or agencies they represent; and |
|---|
| 7363 | | - | 225.15 (5) identify mechanisms for better use of federal and state funding in the delivery of |
|---|
| 7364 | | - | 225.16mental health services for children. |
|---|
| 7365 | | - | 225.17Sec. 28. Minnesota Statutes 2024, section 245.4875, subdivision 5, is amended to read: |
|---|
| 7366 | | - | 225.18 Subd. 5.Local children's advisory council.(a) By October 1, 1989, the county board, |
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| 7367 | | - | 225.19individually or in conjunction with other county boards, shall establish a local children's |
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| 7368 | | - | 225.20mental health advisory council or children's mental health subcommittee of the existing |
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| 7369 | | - | 225.21local mental health advisory council or shall include persons on its existing mental health |
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| 7370 | | - | 225.22advisory council who are representatives of children's mental health interests. The following |
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| 7371 | | - | 225.23individuals must serve on the local children's mental health advisory council, the children's |
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| 7372 | | - | 225.24mental health subcommittee of an existing local mental health advisory council, or be |
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| 7373 | | - | 225.25included on an existing mental health advisory council: (1) at least one person who was in |
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| 7374 | | - | 225.26a mental health program as a child or adolescent; (2) at least one parent of a child or |
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| 7375 | | - | 225.27adolescent with severe emotional disturbance serious mental illness; (3) one children's |
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| 7376 | | - | 225.28mental health professional; (4) representatives of minority populations of significant size |
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| 7377 | | - | 225.29residing in the county; (5) a representative of the children's mental health local coordinating |
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| 7378 | | - | 225.30council; and (6) one family community support services program representative. |
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| 7379 | | - | 225.31 (b) The local children's mental health advisory council or children's mental health |
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| 7380 | | - | 225.32subcommittee of an existing advisory council shall seek input from parents, former |
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| 7381 | | - | 225Article 8 Sec. 28. |
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| 7382 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 226.1consumers, providers, and others about the needs of children with emotional disturbance |
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| 7383 | | - | 226.2mental illness in the local area and services needed by families of these children, and shall |
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| 7384 | | - | 226.3meet monthly, unless otherwise determined by the council or subcommittee, but not less |
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| 7385 | | - | 226.4than quarterly, to review, evaluate, and make recommendations regarding the local children's |
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| 7386 | | - | 226.5mental health system. Annually, the local children's mental health advisory council or |
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| 7387 | | - | 226.6children's mental health subcommittee of the existing local mental health advisory council |
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| 7388 | | - | 226.7shall: |
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| 7389 | | - | 226.8 (1) arrange for input from the local system of care providers regarding coordination of |
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| 7390 | | - | 226.9care between the services; |
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| 7391 | | - | 226.10 (2) identify for the county board the individuals, providers, agencies, and associations |
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| 7392 | | - | 226.11as specified in section 245.4877, clause (2); and |
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| 7393 | | - | 226.12 (3) provide to the county board a report of unmet mental health needs of children residing |
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| 7394 | | - | 226.13in the county. |
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| 7395 | | - | 226.14 (c) The county board shall consider the advice of its local children's mental health |
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| 7396 | | - | 226.15advisory council or children's mental health subcommittee of the existing local mental health |
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| 7397 | | - | 226.16advisory council in carrying out its authorities and responsibilities. |
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| 7398 | | - | 226.17Sec. 29. Minnesota Statutes 2024, section 245.4876, subdivision 4, is amended to read: |
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| 7399 | | - | 226.18 Subd. 4.Referral for case management.Each provider of emergency services, outpatient |
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| 7400 | | - | 226.19treatment, community support services, family community support services, day treatment |
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| 7401 | | - | 226.20services, screening under section 245.4885, professional home-based family treatment |
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| 7402 | | - | 226.21services, residential treatment facilities, acute care hospital inpatient treatment facilities, or |
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| 7403 | | - | 226.22regional treatment center services must inform each child with severe emotional disturbance |
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| 7404 | | - | 226.23serious mental illness, and the child's parent or legal representative, of the availability and |
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| 7405 | | - | 226.24potential benefits to the child of case management. The information shall be provided as |
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| 7406 | | - | 226.25specified in subdivision 5. If consent is obtained according to subdivision 5, the provider |
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| 7407 | | - | 226.26must refer the child by notifying the county employee designated by the county board to |
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| 7408 | | - | 226.27coordinate case management activities of the child's name and address and by informing |
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| 7409 | | - | 226.28the child's family of whom to contact to request case management. The provider must |
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| 7410 | | - | 226.29document compliance with this subdivision in the child's record. The parent or child may |
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| 7411 | | - | 226.30directly request case management even if there has been no referral. |
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| 7412 | | - | 226Article 8 Sec. 29. |
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| 7413 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 227.1Sec. 30. Minnesota Statutes 2024, section 245.4876, subdivision 5, is amended to read: |
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| 7414 | | - | 227.2 Subd. 5.Consent for services or for release of information.(a) Although sections |
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| 7415 | | - | 227.3245.487 to 245.4889 require each county board, within the limits of available resources, to |
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| 7416 | | - | 227.4make the mental health services listed in those sections available to each child residing in |
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| 7417 | | - | 227.5the county who needs them, the county board shall not provide any services, either directly |
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| 7418 | | - | 227.6or by contract, unless consent to the services is obtained under this subdivision. The case |
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| 7419 | | - | 227.7manager assigned to a child with a severe emotional disturbance serious mental illness shall |
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| 7420 | | - | 227.8not disclose to any person other than the case manager's immediate supervisor and the mental |
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| 7421 | | - | 227.9health professional providing clinical supervision of the case manager information on the |
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| 7422 | | - | 227.10child, the child's family, or services provided to the child or the child's family without |
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| 7423 | | - | 227.11informed written consent unless required to do so by statute or under the Minnesota |
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| 7424 | | - | 227.12Government Data Practices Act. Informed written consent must comply with section 13.05, |
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| 7425 | | - | 227.13subdivision 4, paragraph (d), and specify the purpose and use for which the case manager |
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| 7426 | | - | 227.14may disclose the information. |
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| 7427 | | - | 227.15 (b) The consent or authorization must be obtained from the child's parent unless: (1) the |
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| 7428 | | - | 227.16parental rights are terminated; or (2) consent is otherwise provided under sections 144.341 |
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| 7429 | | - | 227.17to 144.347; 253B.04, subdivision 1; 260C.148; 260C.151; and 260C.201, subdivision 1, |
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| 7430 | | - | 227.18the terms of appointment of a court-appointed guardian or conservator, or federal regulations |
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| 7431 | | - | 227.19governing substance use disorder services. |
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| 7432 | | - | 227.20Sec. 31. Minnesota Statutes 2024, section 245.4877, is amended to read: |
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| 7433 | | - | 227.21 245.4877 EDUCATION AND PREVENTION SERVICES. |
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| 7434 | | - | 227.22 Education and prevention services must be available to all children residing in the county. |
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| 7435 | | - | 227.23Education and prevention services must be designed to: |
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| 7436 | | - | 227.24 (1) convey information regarding emotional disturbances mental illnesses, mental health |
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| 7437 | | - | 227.25needs, and treatment resources to the general public; |
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| 7438 | | - | 227.26 (2) at least annually, distribute to individuals and agencies identified by the county board |
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| 7439 | | - | 227.27and the local children's mental health advisory council information on predictors and |
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| 7440 | | - | 227.28symptoms of emotional disturbances mental illnesses, where mental health services are |
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| 7441 | | - | 227.29available in the county, and how to access the services; |
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| 7442 | | - | 227.30 (3) increase understanding and acceptance of problems associated with emotional |
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| 7443 | | - | 227.31disturbances mental illnesses; |
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| 7444 | | - | 227.32 (4) improve people's skills in dealing with high-risk situations known to affect children's |
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| 7445 | | - | 227.33mental health and functioning; |
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| 7446 | | - | 227Article 8 Sec. 31. |
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| 7447 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 228.1 (5) prevent development or deepening of emotional disturbances mental illnesses; and |
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| 7448 | | - | 228.2 (6) refer each child with emotional disturbance mental illness or the child's family with |
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| 7449 | | - | 228.3additional mental health needs to appropriate mental health services. |
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| 7450 | | - | 228.4Sec. 32. Minnesota Statutes 2024, section 245.488, subdivision 1, is amended to read: |
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| 7451 | | - | 228.5 Subdivision 1.Availability of outpatient services.(a) County boards must provide or |
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| 7452 | | - | 228.6contract for enough outpatient services within the county to meet the needs of each child |
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| 7453 | | - | 228.7with emotional disturbance mental illness residing in the county and the child's family. |
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| 7454 | | - | 228.8Services may be provided directly by the county through county-operated mental health |
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| 7455 | | - | 228.9clinics meeting the standards of chapter 245I; by contract with privately operated mental |
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| 7456 | | - | 228.10health clinics meeting the standards of chapter 245I; by contract with hospital mental health |
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| 7457 | | - | 228.11outpatient programs certified by the Joint Commission on Accreditation of Hospital |
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| 7458 | | - | 228.12Organizations; or by contract with a mental health professional. A child or a child's parent |
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| 7459 | | - | 228.13may be required to pay a fee based in accordance with section 245.481. Outpatient services |
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| 7460 | | - | 228.14include: |
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| 7461 | | - | 228.15 (1) conducting diagnostic assessments; |
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| 7462 | | - | 228.16 (2) conducting psychological testing; |
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| 7463 | | - | 228.17 (3) developing or modifying individual treatment plans; |
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| 7464 | | - | 228.18 (4) making referrals and recommending placements as appropriate; |
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| 7465 | | - | 228.19 (5) treating the child's mental health needs through therapy; and |
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| 7466 | | - | 228.20 (6) prescribing and managing medication and evaluating the effectiveness of prescribed |
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| 7467 | | - | 228.21medication. |
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| 7468 | | - | 228.22 (b) County boards may request a waiver allowing outpatient services to be provided in |
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| 7469 | | - | 228.23a nearby trade area if it is determined that the child requires necessary and appropriate |
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| 7470 | | - | 228.24services that are only available outside the county. |
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| 7471 | | - | 228.25 (c) Outpatient services offered by the county board to prevent placement must be at the |
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| 7472 | | - | 228.26level of treatment appropriate to the child's diagnostic assessment. |
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| 7473 | | - | 228.27Sec. 33. Minnesota Statutes 2024, section 245.488, subdivision 3, is amended to read: |
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| 7474 | | - | 228.28 Subd. 3.Mental health crisis services.County boards must provide or contract for |
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| 7475 | | - | 228.29mental health crisis services within the county to meet the needs of children with emotional |
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| 7476 | | - | 228.30disturbance mental illness residing in the county who are determined, through an assessment |
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| 7477 | | - | 228.31by a mental health professional, to be experiencing a mental health crisis or mental health |
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| 7478 | | - | 228Article 8 Sec. 33. |
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| 7479 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 229.1emergency. The mental health crisis services provided must be medically necessary, as |
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| 7480 | | - | 229.2defined in section 62Q.53, subdivision 2, and necessary for the safety of the child or others |
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| 7481 | | - | 229.3regardless of the setting. |
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| 7482 | | - | 229.4Sec. 34. Minnesota Statutes 2024, section 245.4881, subdivision 1, is amended to read: |
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| 7483 | | - | 229.5 Subdivision 1.Availability of case management services.(a) The county board shall |
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| 7484 | | - | 229.6provide case management services for each child with severe emotional disturbance serious |
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| 7485 | | - | 229.7mental illness who is a resident of the county and the child's family who request or consent |
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| 7486 | | - | 229.8to the services. Case management services must be offered to a child with a serious emotional |
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| 7487 | | - | 229.9disturbance mental illness who is over the age of 18 consistent with section 245.4875, |
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| 7488 | | - | 229.10subdivision 8, or the child's legal representative, provided the child's service needs can be |
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| 7489 | | - | 229.11met within the children's service system. Before discontinuing case management services |
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| 7490 | | - | 229.12under this subdivision for children between the ages of 17 and 21, a transition plan must be |
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| 7491 | | - | 229.13developed. The transition plan must be developed with the child and, with the consent of a |
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| 7492 | | - | 229.14child age 18 or over, the child's parent, guardian, or legal representative. The transition plan |
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| 7493 | | - | 229.15should include plans for health insurance, housing, education, employment, and treatment. |
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| 7494 | | - | 229.16Staffing ratios must be sufficient to serve the needs of the clients. The case manager must |
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| 7495 | | - | 229.17meet the requirements in section 245.4871, subdivision 4. |
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| 7496 | | - | 229.18 (b) Except as permitted by law and the commissioner under demonstration projects, case |
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| 7497 | | - | 229.19management services provided to children with severe emotional disturbance serious mental |
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| 7498 | | - | 229.20illness eligible for medical assistance must be billed to the medical assistance program under |
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| 7499 | | - | 229.21sections 256B.02, subdivision 8, and 256B.0625. |
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| 7500 | | - | 229.22 (c) Case management services are eligible for reimbursement under the medical assistance |
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| 7501 | | - | 229.23program. Costs of mentoring, supervision, and continuing education may be included in the |
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| 7502 | | - | 229.24reimbursement rate methodology used for case management services under the medical |
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| 7503 | | - | 229.25assistance program. |
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| 7504 | | - | 229.26Sec. 35. Minnesota Statutes 2024, section 245.4881, subdivision 4, is amended to read: |
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| 7505 | | - | 229.27 Subd. 4.Individual family community support plan.(a) For each child, the case |
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| 7506 | | - | 229.28manager must develop an individual family community support plan that incorporates the |
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| 7507 | | - | 229.29child's individual treatment plan. The individual treatment plan may not be a substitute for |
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| 7508 | | - | 229.30the development of an individual family community support plan. The case manager is |
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| 7509 | | - | 229.31responsible for developing the individual family community support plan within 30 days |
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| 7510 | | - | 229.32of intake based on a diagnostic assessment and for implementing and monitoring the delivery |
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| 7511 | | - | 229.33of services according to the individual family community support plan. The case manager |
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| 7512 | | - | 229Article 8 Sec. 35. |
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| 7513 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 230.1must review the plan at least every 180 calendar days after it is developed, unless the case |
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| 7514 | | - | 230.2manager has received a written request from the child's family or an advocate for the child |
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| 7515 | | - | 230.3for a review of the plan every 90 days after it is developed. To the extent appropriate, the |
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| 7516 | | - | 230.4child with severe emotional disturbance serious mental illness, the child's family, advocates, |
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| 7517 | | - | 230.5service providers, and significant others must be involved in all phases of development and |
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| 7518 | | - | 230.6implementation of the individual family community support plan. Notwithstanding the lack |
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| 7519 | | - | 230.7of an individual family community support plan, the case manager shall assist the child and |
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| 7520 | | - | 230.8child's family in accessing the needed services listed in section 245.4884, subdivision 1. |
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| 7521 | | - | 230.9 (b) The child's individual family community support plan must state: |
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| 7522 | | - | 230.10 (1) the goals and expected outcomes of each service and criteria for evaluating the |
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| 7523 | | - | 230.11effectiveness and appropriateness of the service; |
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| 7524 | | - | 230.12 (2) the activities for accomplishing each goal; |
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| 7525 | | - | 230.13 (3) a schedule for each activity; and |
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| 7526 | | - | 230.14 (4) the frequency of face-to-face contacts by the case manager, as appropriate to client |
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| 7527 | | - | 230.15need and the implementation of the individual family community support plan. |
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| 7528 | | - | 230.16Sec. 36. Minnesota Statutes 2024, section 245.4882, subdivision 1, is amended to read: |
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| 7529 | | - | 230.17 Subdivision 1.Availability of residential treatment services.County boards must |
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| 7530 | | - | 230.18provide or contract for enough residential treatment services to meet the needs of each child |
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| 7531 | | - | 230.19with severe emotional disturbance serious mental illness residing in the county and needing |
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| 7532 | | - | 230.20this level of care. Length of stay is based on the child's residential treatment need and shall |
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| 7533 | | - | 230.21be reviewed every 90 days. Services must be appropriate to the child's age and treatment |
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| 7534 | | - | 230.22needs and must be made available as close to the county as possible. Residential treatment |
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| 7535 | | - | 230.23must be designed to: |
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| 7536 | | - | 230.24 (1) help the child improve family living and social interaction skills; |
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| 7537 | | - | 230.25 (2) help the child gain the necessary skills to return to the community; |
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| 7538 | | - | 230.26 (3) stabilize crisis admissions; and |
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| 7539 | | - | 230.27 (4) work with families throughout the placement to improve the ability of the families |
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| 7540 | | - | 230.28to care for children with severe emotional disturbance serious mental illness in the home. |
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| 7541 | | - | 230.29Sec. 37. Minnesota Statutes 2024, section 245.4882, subdivision 5, is amended to read: |
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| 7542 | | - | 230.30 Subd. 5.Specialized residential treatment services.The commissioner of human |
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| 7543 | | - | 230.31services shall continue efforts to further interagency collaboration to develop a comprehensive |
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| 7544 | | - | 230Article 8 Sec. 37. |
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| 7545 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 231.1system of services, including family community support and specialized residential treatment |
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| 7546 | | - | 231.2services for children. The services shall be designed for children with emotional disturbance |
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| 7547 | | - | 231.3mental illness who exhibit violent or destructive behavior and for whom local treatment |
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| 7548 | | - | 231.4services are not feasible due to the small number of children statewide who need the services |
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| 7549 | | - | 231.5and the specialized nature of the services required. The services shall be located in community |
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| 7550 | | - | 231.6settings. |
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| 7551 | | - | 231.7Sec. 38. Minnesota Statutes 2024, section 245.4884, is amended to read: |
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| 7552 | | - | 231.8 245.4884 FAMILY COMMUNITY SUPPORT SERVICES. |
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| 7553 | | - | 231.9 Subdivision 1.Availability of family community support services.By July 1, 1991, |
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| 7554 | | - | 231.10county boards must provide or contract for sufficient family community support services |
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| 7555 | | - | 231.11within the county to meet the needs of each child with severe emotional disturbance serious |
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| 7556 | | - | 231.12mental illness who resides in the county and the child's family. Children or their parents |
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| 7557 | | - | 231.13may be required to pay a fee in accordance with section 245.481. |
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| 7558 | | - | 231.14 Family community support services must be designed to improve the ability of children |
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| 7559 | | - | 231.15with severe emotional disturbance serious mental illness to: |
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| 7560 | | - | 231.16 (1) manage basic activities of daily living; |
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| 7561 | | - | 231.17 (2) function appropriately in home, school, and community settings; |
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| 7562 | | - | 231.18 (3) participate in leisure time or community youth activities; |
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| 7563 | | - | 231.19 (4) set goals and plans; |
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| 7564 | | - | 231.20 (5) reside with the family in the community; |
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| 7565 | | - | 231.21 (6) participate in after-school and summer activities; |
|---|
| 7566 | | - | 231.22 (7) make a smooth transition among mental health and education services provided to |
|---|
| 7567 | | - | 231.23children; and |
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| 7568 | | - | 231.24 (8) make a smooth transition into the adult mental health system as appropriate. |
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| 7569 | | - | 231.25 In addition, family community support services must be designed to improve overall |
|---|
| 7570 | | - | 231.26family functioning if clinically appropriate to the child's needs, and to reduce the need for |
|---|
| 7571 | | - | 231.27and use of placements more intensive, costly, or restrictive both in the number of admissions |
|---|
| 7572 | | - | 231.28and lengths of stay than indicated by the child's diagnostic assessment. |
|---|
| 7573 | | - | 231.29 The commissioner of human services shall work with mental health professionals to |
|---|
| 7574 | | - | 231.30develop standards for clinical supervision of family community support services. These |
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| 7575 | | - | 231Article 8 Sec. 38. |
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| 7576 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 232.1standards shall be incorporated in rule and in guidelines for grants for family community |
|---|
| 7577 | | - | 232.2support services. |
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| 7578 | | - | 232.3 Subd. 2.Day treatment services provided.(a) Day treatment services must be part of |
|---|
| 7579 | | - | 232.4the family community support services available to each child with severe emotional |
|---|
| 7580 | | - | 232.5disturbance serious mental illness residing in the county. A child or the child's parent may |
|---|
| 7581 | | - | 232.6be required to pay a fee according to section 245.481. Day treatment services must be |
|---|
| 7582 | | - | 232.7designed to: |
|---|
| 7583 | | - | 232.8 (1) provide a structured environment for treatment; |
|---|
| 7584 | | - | 232.9 (2) provide support for residing in the community; |
|---|
| 7585 | | - | 232.10 (3) prevent placements that are more intensive, costly, or restrictive than necessary to |
|---|
| 7586 | | - | 232.11meet the child's need; |
|---|
| 7587 | | - | 232.12 (4) coordinate with or be offered in conjunction with the child's education program; |
|---|
| 7588 | | - | 232.13 (5) provide therapy and family intervention for children that are coordinated with |
|---|
| 7589 | | - | 232.14education services provided and funded by schools; and |
|---|
| 7590 | | - | 232.15 (6) operate during all 12 months of the year. |
|---|
| 7591 | | - | 232.16 (b) County boards may request a waiver from including day treatment services if they |
|---|
| 7592 | | - | 232.17can document that: |
|---|
| 7593 | | - | 232.18 (1) alternative services exist through the county's family community support services |
|---|
| 7594 | | - | 232.19for each child who would otherwise need day treatment services; and |
|---|
| 7595 | | - | 232.20 (2) county demographics and geography make the provision of day treatment services |
|---|
| 7596 | | - | 232.21cost ineffective and unfeasible. |
|---|
| 7597 | | - | 232.22 Subd. 3.Professional home-based family treatment provided.(a) By January 1, 1991, |
|---|
| 7598 | | - | 232.23county boards must provide or contract for sufficient professional home-based family |
|---|
| 7599 | | - | 232.24treatment within the county to meet the needs of each child with severe emotional disturbance |
|---|
| 7600 | | - | 232.25serious mental illness who is at risk of out-of-home placement residential treatment or |
|---|
| 7601 | | - | 232.26therapeutic foster care due to the child's emotional disturbance mental illness or who is |
|---|
| 7602 | | - | 232.27returning to the home from out-of-home placement residential treatment or therapeutic |
|---|
| 7603 | | - | 232.28foster care. The child or the child's parent may be required to pay a fee according to section |
|---|
| 7604 | | - | 232.29245.481. The county board shall require that all service providers of professional home-based |
|---|
| 7605 | | - | 232.30family treatment set fee schedules approved by the county board that are based on the child's |
|---|
| 7606 | | - | 232.31or family's ability to pay. The professional home-based family treatment must be designed |
|---|
| 7607 | | - | 232.32to assist each child with severe emotional disturbance serious mental illness who is at risk |
|---|
| 7608 | | - | 232Article 8 Sec. 38. |
|---|
| 7609 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 233.1of or who is returning from out-of-home placement residential treatment or therapeutic |
|---|
| 7610 | | - | 233.2foster care and the child's family to: |
|---|
| 7611 | | - | 233.3 (1) improve overall family functioning in all areas of life; |
|---|
| 7612 | | - | 233.4 (2) treat the child's symptoms of emotional disturbance mental illness that contribute to |
|---|
| 7613 | | - | 233.5a risk of out-of-home placement residential treatment or therapeutic foster care; |
|---|
| 7614 | | - | 233.6 (3) provide a positive change in the emotional, behavioral, and mental well-being of |
|---|
| 7615 | | - | 233.7children and their families; and |
|---|
| 7616 | | - | 233.8 (4) reduce risk of out-of-home placement residential treatment or therapeutic foster care |
|---|
| 7617 | | - | 233.9for the identified child with severe emotional disturbance serious mental illness and other |
|---|
| 7618 | | - | 233.10siblings or successfully reunify and reintegrate into the family a child returning from |
|---|
| 7619 | | - | 233.11out-of-home placement residential treatment or therapeutic foster care due to emotional |
|---|
| 7620 | | - | 233.12disturbance mental illness. |
|---|
| 7621 | | - | 233.13 (b) Professional home-based family treatment must be provided by a team consisting of |
|---|
| 7622 | | - | 233.14a mental health professional and others who are skilled in the delivery of mental health |
|---|
| 7623 | | - | 233.15services to children and families in conjunction with other human service providers. The |
|---|
| 7624 | | - | 233.16professional home-based family treatment team must maintain flexible hours of service |
|---|
| 7625 | | - | 233.17availability and must provide or arrange for crisis services for each family, 24 hours a day, |
|---|
| 7626 | | - | 233.18seven days a week. Case loads for each professional home-based family treatment team |
|---|
| 7627 | | - | 233.19must be small enough to permit the delivery of intensive services and to meet the needs of |
|---|
| 7628 | | - | 233.20the family. Professional home-based family treatment providers shall coordinate services |
|---|
| 7629 | | - | 233.21and service needs with case managers assigned to children and their families. The treatment |
|---|
| 7630 | | - | 233.22team must develop an individual treatment plan that identifies the specific treatment |
|---|
| 7631 | | - | 233.23objectives for both the child and the family. |
|---|
| 7632 | | - | 233.24 Subd. 4.Therapeutic support of foster care.By January 1, 1992, county boards must |
|---|
| 7633 | | - | 233.25provide or contract for foster care with therapeutic support as defined in section 245.4871, |
|---|
| 7634 | | - | 233.26subdivision 34. Foster families caring for children with severe emotional disturbance serious |
|---|
| 7635 | | - | 233.27mental illness must receive training and supportive services, as necessary, at no cost to the |
|---|
| 7636 | | - | 233.28foster families within the limits of available resources. |
|---|
| 7637 | | - | 233.29 Subd. 5.Benefits assistance.The county board must offer help to a child with severe |
|---|
| 7638 | | - | 233.30emotional disturbance serious mental illness and the child's family in applying for federal |
|---|
| 7639 | | - | 233.31benefits, including Supplemental Security Income, medical assistance, and Medicare. |
|---|
| 7640 | | - | 233Article 8 Sec. 38. |
|---|
| 7641 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 234.1Sec. 39. Minnesota Statutes 2024, section 245.4885, subdivision 1, is amended to read: |
|---|
| 7642 | | - | 234.2 Subdivision 1.Admission criteria.(a) Prior to admission or placement, except in the |
|---|
| 7643 | | - | 234.3case of an emergency, all children referred for treatment of severe emotional disturbance |
|---|
| 7644 | | - | 234.4serious mental illness in a treatment foster care setting, residential treatment facility, or |
|---|
| 7645 | | - | 234.5informally admitted to a regional treatment center shall undergo an assessment to determine |
|---|
| 7646 | | - | 234.6the appropriate level of care if county funds are used to pay for the child's services. An |
|---|
| 7647 | | - | 234.7emergency includes when a child is in need of and has been referred for crisis stabilization |
|---|
| 7648 | | - | 234.8services under section 245.4882, subdivision 6. A child who has been referred to residential |
|---|
| 7649 | | - | 234.9treatment for crisis stabilization services in a residential treatment center is not required to |
|---|
| 7650 | | - | 234.10undergo an assessment under this section. |
|---|
| 7651 | | - | 234.11 (b) The county board shall determine the appropriate level of care for a child when |
|---|
| 7652 | | - | 234.12county-controlled funds are used to pay for the child's residential treatment under this |
|---|
| 7653 | | - | 234.13chapter, including residential treatment provided in a qualified residential treatment program |
|---|
| 7654 | | - | 234.14as defined in section 260C.007, subdivision 26d. When a county board does not have |
|---|
| 7655 | | - | 234.15responsibility for a child's placement and the child is enrolled in a prepaid health program |
|---|
| 7656 | | - | 234.16under section 256B.69, the enrolled child's contracted health plan must determine the |
|---|
| 7657 | | - | 234.17appropriate level of care for the child. When Indian Health Services funds or funds of a |
|---|
| 7658 | | - | 234.18tribally owned facility funded under the Indian Self-Determination and Education Assistance |
|---|
| 7659 | | - | 234.19Act, Public Law 93-638, are used for the child, the Indian Health Services or 638 tribal |
|---|
| 7660 | | - | 234.20health facility must determine the appropriate level of care for the child. When more than |
|---|
| 7661 | | - | 234.21one entity bears responsibility for a child's coverage, the entities shall coordinate level of |
|---|
| 7662 | | - | 234.22care determination activities for the child to the extent possible. |
|---|
| 7663 | | - | 234.23 (c) The child's level of care determination shall determine whether the proposed treatment: |
|---|
| 7664 | | - | 234.24 (1) is necessary; |
|---|
| 7665 | | - | 234.25 (2) is appropriate to the child's individual treatment needs; |
|---|
| 7666 | | - | 234.26 (3) cannot be effectively provided in the child's home; and |
|---|
| 7667 | | - | 234.27 (4) provides a length of stay as short as possible consistent with the individual child's |
|---|
| 7668 | | - | 234.28needs. |
|---|
| 7669 | | - | 234.29 (d) When a level of care determination is conducted, the county board or other entity |
|---|
| 7670 | | - | 234.30may not determine that a screening of a child, referral, or admission to a residential treatment |
|---|
| 7671 | | - | 234.31facility is not appropriate solely because services were not first provided to the child in a |
|---|
| 7672 | | - | 234.32less restrictive setting and the child failed to make progress toward or meet treatment goals |
|---|
| 7673 | | - | 234.33in the less restrictive setting. The level of care determination must be based on a diagnostic |
|---|
| 7674 | | - | 234Article 8 Sec. 39. |
|---|
| 7675 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 235.1assessment of a child that evaluates the child's family, school, and community living |
|---|
| 7676 | | - | 235.2situations; and an assessment of the child's need for care out of the home using a validated |
|---|
| 7677 | | - | 235.3tool which assesses a child's functional status and assigns an appropriate level of care to the |
|---|
| 7678 | | - | 235.4child. The validated tool must be approved by the commissioner of human services and |
|---|
| 7679 | | - | 235.5may be the validated tool approved for the child's assessment under section 260C.704 if the |
|---|
| 7680 | | - | 235.6juvenile treatment screening team recommended placement of the child in a qualified |
|---|
| 7681 | | - | 235.7residential treatment program. If a diagnostic assessment has been completed by a mental |
|---|
| 7682 | | - | 235.8health professional within the past 180 days, a new diagnostic assessment need not be |
|---|
| 7683 | | - | 235.9completed unless in the opinion of the current treating mental health professional the child's |
|---|
| 7684 | | - | 235.10mental health status has changed markedly since the assessment was completed. The child's |
|---|
| 7685 | | - | 235.11parent shall be notified if an assessment will not be completed and of the reasons. A copy |
|---|
| 7686 | | - | 235.12of the notice shall be placed in the child's file. Recommendations developed as part of the |
|---|
| 7687 | | - | 235.13level of care determination process shall include specific community services needed by |
|---|
| 7688 | | - | 235.14the child and, if appropriate, the child's family, and shall indicate whether these services |
|---|
| 7689 | | - | 235.15are available and accessible to the child and the child's family. The child and the child's |
|---|
| 7690 | | - | 235.16family must be invited to any meeting where the level of care determination is discussed |
|---|
| 7691 | | - | 235.17and decisions regarding residential treatment are made. The child and the child's family |
|---|
| 7692 | | - | 235.18may invite other relatives, friends, or advocates to attend these meetings. |
|---|
| 7693 | | - | 235.19 (e) During the level of care determination process, the child, child's family, or child's |
|---|
| 7694 | | - | 235.20legal representative, as appropriate, must be informed of the child's eligibility for case |
|---|
| 7695 | | - | 235.21management services and family community support services and that an individual family |
|---|
| 7696 | | - | 235.22community support plan is being developed by the case manager, if assigned. |
|---|
| 7697 | | - | 235.23 (f) The level of care determination, placement decision, and recommendations for mental |
|---|
| 7698 | | - | 235.24health services must be documented in the child's record and made available to the child's |
|---|
| 7699 | | - | 235.25family, as appropriate. |
|---|
| 7700 | | - | 235.26Sec. 40. Minnesota Statutes 2024, section 245.4889, subdivision 1, is amended to read: |
|---|
| 7701 | | - | 235.27 Subdivision 1.Establishment and authority.(a) The commissioner is authorized to |
|---|
| 7702 | | - | 235.28make grants from available appropriations to assist: |
|---|
| 7703 | | - | 235.29 (1) counties; |
|---|
| 7704 | | - | 235.30 (2) Indian tribes; |
|---|
| 7705 | | - | 235.31 (3) children's collaboratives under section 142D.15 or 245.493; or |
|---|
| 7706 | | - | 235.32 (4) mental health service providers. |
|---|
| 7707 | | - | 235.33 (b) The following services are eligible for grants under this section: |
|---|
| 7708 | | - | 235Article 8 Sec. 40. |
|---|
| 7709 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 236.1 (1) services to children with emotional disturbances mental illness as defined in section |
|---|
| 7710 | | - | 236.2245.4871, subdivision 15, and their families; |
|---|
| 7711 | | - | 236.3 (2) transition services under section 245.4875, subdivision 8, for young adults under |
|---|
| 7712 | | - | 236.4age 21 and their families; |
|---|
| 7713 | | - | 236.5 (3) respite care services for children with emotional disturbances mental illness or severe |
|---|
| 7714 | | - | 236.6emotional disturbances serious mental illness who are at risk of residential treatment or |
|---|
| 7715 | | - | 236.7hospitalization,; who are already in out-of-home placement residential treatment, therapeutic |
|---|
| 7716 | | - | 236.8foster care, or in family foster settings as defined in chapter 142B and at risk of change in |
|---|
| 7717 | | - | 236.9out-of-home placement foster care or placement in a residential facility or other higher level |
|---|
| 7718 | | - | 236.10of care,; who have utilized crisis services or emergency room services,; or who have |
|---|
| 7719 | | - | 236.11experienced a loss of in-home staffing support. Allowable activities and expenses for respite |
|---|
| 7720 | | - | 236.12care services are defined under subdivision 4. A child is not required to have case |
|---|
| 7721 | | - | 236.13management services to receive respite care services. Counties must work to provide access |
|---|
| 7722 | | - | 236.14to regularly scheduled respite care; |
|---|
| 7723 | | - | 236.15 (4) children's mental health crisis services; |
|---|
| 7724 | | - | 236.16 (5) child-, youth-, and family-specific mobile response and stabilization services models; |
|---|
| 7725 | | - | 236.17 (6) mental health services for people from cultural and ethnic minorities, including |
|---|
| 7726 | | - | 236.18supervision of clinical trainees who are Black, indigenous, or people of color; |
|---|
| 7727 | | - | 236.19 (7) children's mental health screening and follow-up diagnostic assessment and treatment; |
|---|
| 7728 | | - | 236.20 (8) services to promote and develop the capacity of providers to use evidence-based |
|---|
| 7729 | | - | 236.21practices in providing children's mental health services; |
|---|
| 7730 | | - | 236.22 (9) school-linked mental health services under section 245.4901; |
|---|
| 7731 | | - | 236.23 (10) building evidence-based mental health intervention capacity for children birth to |
|---|
| 7732 | | - | 236.24age five; |
|---|
| 7733 | | - | 236.25 (11) suicide prevention and counseling services that use text messaging statewide; |
|---|
| 7734 | | - | 236.26 (12) mental health first aid training; |
|---|
| 7735 | | - | 236.27 (13) training for parents, collaborative partners, and mental health providers on the |
|---|
| 7736 | | - | 236.28impact of adverse childhood experiences and trauma and development of an interactive |
|---|
| 7737 | | - | 236.29website to share information and strategies to promote resilience and prevent trauma; |
|---|
| 7738 | | - | 236.30 (14) transition age services to develop or expand mental health treatment and supports |
|---|
| 7739 | | - | 236.31for adolescents and young adults 26 years of age or younger; |
|---|
| 7740 | | - | 236Article 8 Sec. 40. |
|---|
| 7741 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 237.1 (15) early childhood mental health consultation; |
|---|
| 7742 | | - | 237.2 (16) evidence-based interventions for youth at risk of developing or experiencing a first |
|---|
| 7743 | | - | 237.3episode of psychosis, and a public awareness campaign on the signs and symptoms of |
|---|
| 7744 | | - | 237.4psychosis; |
|---|
| 7745 | | - | 237.5 (17) psychiatric consultation for primary care practitioners; and |
|---|
| 7746 | | - | 237.6 (18) providers to begin operations and meet program requirements when establishing a |
|---|
| 7747 | | - | 237.7new children's mental health program. These may be start-up grants. |
|---|
| 7748 | | - | 237.8 (c) Services under paragraph (b) must be designed to help each child to function and |
|---|
| 7749 | | - | 237.9remain with the child's family in the community and delivered consistent with the child's |
|---|
| 7750 | | - | 237.10treatment plan. Transition services to eligible young adults under this paragraph must be |
|---|
| 7751 | | - | 237.11designed to foster independent living in the community. |
|---|
| 7752 | | - | 237.12 (d) As a condition of receiving grant funds, a grantee shall obtain all available third-party |
|---|
| 7753 | | - | 237.13reimbursement sources, if applicable. |
|---|
| 7754 | | - | 237.14 (e) The commissioner may establish and design a pilot program to expand the mobile |
|---|
| 7755 | | - | 237.15response and stabilization services model for children, youth, and families. The commissioner |
|---|
| 7756 | | - | 237.16may use grant funding to consult with a qualified expert entity to assist in the formulation |
|---|
| 7757 | | - | 237.17of measurable outcomes and explore and position the state to submit a Medicaid state plan |
|---|
| 7758 | | - | 237.18amendment to scale the model statewide. |
|---|
| 7759 | | - | 237.19Sec. 41. Minnesota Statutes 2024, section 245.4907, subdivision 2, is amended to read: |
|---|
| 7760 | | - | 237.20 Subd. 2.Eligible applicants.An eligible applicant is a licensed entity or provider that |
|---|
| 7761 | | - | 237.21employs a mental health certified peer family specialist qualified under section 245I.04, |
|---|
| 7762 | | - | 237.22subdivision 12, and that provides services to families who have a child: |
|---|
| 7763 | | - | 237.23 (1) with an emotional disturbance a mental illness or severe emotional disturbance serious |
|---|
| 7764 | | - | 237.24mental illness under chapter 245; |
|---|
| 7765 | | - | 237.25 (2) receiving inpatient hospitalization under section 256B.0625, subdivision 1; |
|---|
| 7766 | | - | 237.26 (3) admitted to a residential treatment facility under section 245.4882; |
|---|
| 7767 | | - | 237.27 (4) receiving children's intensive behavioral health services under section 256B.0946; |
|---|
| 7768 | | - | 237.28 (5) receiving day treatment or children's therapeutic services and supports under section |
|---|
| 7769 | | - | 237.29256B.0943; or |
|---|
| 7770 | | - | 237.30 (6) receiving crisis response services under section 256B.0624. |
|---|
| 7771 | | - | 237Article 8 Sec. 41. |
|---|
| 7772 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 238.1Sec. 42. Minnesota Statutes 2024, section 245.491, subdivision 2, is amended to read: |
|---|
| 7773 | | - | 238.2 Subd. 2.Purpose.The legislature finds that children with mental illnesses or emotional |
|---|
| 7774 | | - | 238.3or behavioral disturbances or who are at risk of suffering such disturbances often require |
|---|
| 7775 | | - | 238.4services from multiple service systems including mental health, social services, education, |
|---|
| 7776 | | - | 238.5corrections, juvenile court, health, and employment and economic development. In order |
|---|
| 7777 | | - | 238.6to better meet the needs of these children, it is the intent of the legislature to establish an |
|---|
| 7778 | | - | 238.7integrated children's mental health service system that: |
|---|
| 7779 | | - | 238.8 (1) allows local service decision makers to draw funding from a single local source so |
|---|
| 7780 | | - | 238.9that funds follow clients and eliminates the need to match clients, funds, services, and |
|---|
| 7781 | | - | 238.10provider eligibilities; |
|---|
| 7782 | | - | 238.11 (2) creates a local pool of state, local, and private funds to procure a greater medical |
|---|
| 7783 | | - | 238.12assistance federal financial participation; |
|---|
| 7784 | | - | 238.13 (3) improves the efficiency of use of existing resources; |
|---|
| 7785 | | - | 238.14 (4) minimizes or eliminates the incentives for cost and risk shifting; and |
|---|
| 7786 | | - | 238.15 (5) increases the incentives for earlier identification and intervention. |
|---|
| 7787 | | - | 238.16The children's mental health integrated fund established under sections 245.491 to 245.495 |
|---|
| 7788 | | - | 238.17must be used to develop and support this integrated mental health service system. In |
|---|
| 7789 | | - | 238.18developing this integrated service system, it is not the intent of the legislature to limit any |
|---|
| 7790 | | - | 238.19rights available to children and their families through existing federal and state laws. |
|---|
| 7791 | | - | 238.20Sec. 43. Minnesota Statutes 2024, section 245.492, subdivision 3, is amended to read: |
|---|
| 7792 | | - | 238.21 Subd. 3.Children with emotional or behavioral disturbances."Children with |
|---|
| 7793 | | - | 238.22emotional or behavioral disturbances" includes children with emotional disturbances mental |
|---|
| 7794 | | - | 238.23illnesses as defined in section 245.4871, subdivision 15, and children with emotional or |
|---|
| 7795 | | - | 238.24behavioral disorders as defined in Minnesota Rules, part 3525.1329, subpart 1. |
|---|
| 7796 | | - | 238.25Sec. 44. Minnesota Statutes 2024, section 245.697, subdivision 2a, is amended to read: |
|---|
| 7797 | | - | 238.26 Subd. 2a.Subcommittee on Children's Mental Health.The State Advisory Council |
|---|
| 7798 | | - | 238.27on Mental Health (the "advisory council") must have a Subcommittee on Children's Mental |
|---|
| 7799 | | - | 238.28Health. The subcommittee must make recommendations to the advisory council on policies, |
|---|
| 7800 | | - | 238.29laws, regulations, and services relating to children's mental health. Members of the |
|---|
| 7801 | | - | 238.30subcommittee must include: |
|---|
| 7802 | | - | 238Article 8 Sec. 44. |
|---|
| 7803 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 239.1 (1) the commissioners or designees of the commissioners of the Departments of Human |
|---|
| 7804 | | - | 239.2Services, Health, Education, State Planning, and Corrections; |
|---|
| 7805 | | - | 239.3 (2) a designee of the Direct Care and Treatment executive board; |
|---|
| 7806 | | - | 239.4 (3) the commissioner of commerce or a designee of the commissioner who is |
|---|
| 7807 | | - | 239.5knowledgeable about medical insurance issues; |
|---|
| 7808 | | - | 239.6 (4) at least one representative of an advocacy group for children with emotional |
|---|
| 7809 | | - | 239.7disturbances mental illnesses; |
|---|
| 7810 | | - | 239.8 (5) providers of children's mental health services, including at least one provider of |
|---|
| 7811 | | - | 239.9services to preadolescent children, one provider of services to adolescents, and one |
|---|
| 7812 | | - | 239.10hospital-based provider; |
|---|
| 7813 | | - | 239.11 (6) parents of children who have emotional disturbances mental illnesses; |
|---|
| 7814 | | - | 239.12 (7) a present or former consumer of adolescent mental health services; |
|---|
| 7815 | | - | 239.13 (8) educators currently working with emotionally disturbed children with mental illnesses; |
|---|
| 7816 | | - | 239.14 (9) people knowledgeable about the needs of emotionally disturbed children with mental |
|---|
| 7817 | | - | 239.15illnesses of minority races and cultures; |
|---|
| 7818 | | - | 239.16 (10) people experienced in working with emotionally disturbed children with mental |
|---|
| 7819 | | - | 239.17illnesses who have committed status offenses; |
|---|
| 7820 | | - | 239.18 (11) members of the advisory council; |
|---|
| 7821 | | - | 239.19 (12) one person from the local corrections department and one representative of the |
|---|
| 7822 | | - | 239.20Minnesota District Judges Association Juvenile Committee; and |
|---|
| 7823 | | - | 239.21 (13) county commissioners and social services agency representatives. |
|---|
| 7824 | | - | 239.22 The chair of the advisory council shall appoint subcommittee members described in |
|---|
| 7825 | | - | 239.23clauses (4) to (12) through the process established in section 15.0597. The chair shall appoint |
|---|
| 7826 | | - | 239.24members to ensure a geographical balance on the subcommittee. Terms, compensation, |
|---|
| 7827 | | - | 239.25removal, and filling of vacancies are governed by subdivision 1, except that terms of |
|---|
| 7828 | | - | 239.26subcommittee members who are also members of the advisory council are coterminous with |
|---|
| 7829 | | - | 239.27their terms on the advisory council. The subcommittee shall meet at the call of the |
|---|
| 7830 | | - | 239.28subcommittee chair who is elected by the subcommittee from among its members. The |
|---|
| 7831 | | - | 239.29subcommittee expires with the expiration of the advisory council. |
|---|
| 7832 | | - | 239Article 8 Sec. 44. |
|---|
| 7833 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 240.1Sec. 45. Minnesota Statutes 2024, section 245.814, subdivision 3, is amended to read: |
|---|
| 7834 | | - | 240.2 Subd. 3.Compensation provisions.(a) If the commissioner of human services is unable |
|---|
| 7835 | | - | 240.3to obtain insurance through ordinary methods for coverage of foster home providers, the |
|---|
| 7836 | | - | 240.4appropriation shall be returned to the general fund and the state shall pay claims subject to |
|---|
| 7837 | | - | 240.5the following limitations. |
|---|
| 7838 | | - | 240.6 (a) (b) Compensation shall be provided only for injuries, damage, or actions set forth in |
|---|
| 7839 | | - | 240.7subdivision 1. |
|---|
| 7840 | | - | 240.8 (b) (c) Compensation shall be subject to the conditions and exclusions set forth in |
|---|
| 7841 | | - | 240.9subdivision 2. |
|---|
| 7842 | | - | 240.10 (c) (d) The state shall provide compensation for bodily injury, property damage, or |
|---|
| 7843 | | - | 240.11personal injury resulting from the foster home providers activities as a foster home provider |
|---|
| 7844 | | - | 240.12while the foster child or adult is in the care, custody, and control of the foster home provider |
|---|
| 7845 | | - | 240.13in an amount not to exceed $250,000 for each occurrence. |
|---|
| 7846 | | - | 240.14 (d) (e) The state shall provide compensation for damage or destruction of property caused |
|---|
| 7847 | | - | 240.15or sustained by a foster child or adult in an amount not to exceed $250 for each occurrence. |
|---|
| 7848 | | - | 240.16 (e) (f) The compensation in paragraphs (c) and (d) and (e) is the total obligation for all |
|---|
| 7849 | | - | 240.17damages because of each occurrence regardless of the number of claims made in connection |
|---|
| 7850 | | - | 240.18with the same occurrence, but compensation applies separately to each foster home. The |
|---|
| 7851 | | - | 240.19state shall have no other responsibility to provide compensation for any injury or loss caused |
|---|
| 7852 | | - | 240.20or sustained by any foster home provider or foster child or foster adult. |
|---|
| 7853 | | - | 240.21 (g) This coverage is extended as a benefit to foster home providers to encourage care |
|---|
| 7854 | | - | 240.22of persons who need out-of-home the providers' care. Nothing in this section shall be |
|---|
| 7855 | | - | 240.23construed to mean that foster home providers are agents or employees of the state nor does |
|---|
| 7856 | | - | 240.24the state accept any responsibility for the selection, monitoring, supervision, or control of |
|---|
| 7857 | | - | 240.25foster home providers which is exclusively the responsibility of the counties which shall |
|---|
| 7858 | | - | 240.26regulate foster home providers in the manner set forth in the rules of the commissioner of |
|---|
| 7859 | | - | 240.27human services. |
|---|
| 7860 | | - | 240Article 8 Sec. 45. |
|---|
| 7861 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 241.1Sec. 46. Minnesota Statutes 2024, section 245.826, is amended to read: |
|---|
| 7862 | | - | 241.2 245.826 USE OF RESTRICTIVE TECHNIQUES AND PROCEDURES IN |
|---|
| 7863 | | - | 241.3FACILITIES SERVING EMOTIONALLY DISTURBED CHILDREN WITH |
|---|
| 7864 | | - | 241.4MENTAL ILLNESSES. |
|---|
| 7865 | | - | 241.5 When amending rules governing facilities serving emotionally disturbed children with |
|---|
| 7866 | | - | 241.6mental illnesses that are licensed under section 245A.09 and Minnesota Rules, parts |
|---|
| 7867 | | - | 241.72960.0510 to 2960.0530 and 2960.0580 to 2960.0700, the commissioner of human services |
|---|
| 7868 | | - | 241.8shall include provisions governing the use of restrictive techniques and procedures. No |
|---|
| 7869 | | - | 241.9provision of these rules may encourage or require the use of restrictive techniques and |
|---|
| 7870 | | - | 241.10procedures. The rules must prohibit: (1) the application of certain restrictive techniques or |
|---|
| 7871 | | - | 241.11procedures in facilities, except as authorized in the child's case plan and monitored by the |
|---|
| 7872 | | - | 241.12county caseworker responsible for the child; (2) the use of restrictive techniques or procedures |
|---|
| 7873 | | - | 241.13that restrict the clients' normal access to nutritious diet, drinking water, adequate ventilation, |
|---|
| 7874 | | - | 241.14necessary medical care, ordinary hygiene facilities, normal sleeping conditions, and necessary |
|---|
| 7875 | | - | 241.15clothing; and (3) the use of corporal punishment. The rule may specify other restrictive |
|---|
| 7876 | | - | 241.16techniques and procedures and the specific conditions under which permitted techniques |
|---|
| 7877 | | - | 241.17and procedures are to be carried out. |
|---|
| 7878 | | - | 241.18Sec. 47. Minnesota Statutes 2024, section 245.91, subdivision 2, is amended to read: |
|---|
| 7879 | | - | 241.19 Subd. 2.Agency."Agency" means the divisions, officials, or employees of the state |
|---|
| 7880 | | - | 241.20Departments of Human Services, Direct Care and Treatment, Health, and Education, and |
|---|
| 7881 | | - | 241.21of local school districts and designated county social service agencies as defined in section |
|---|
| 7882 | | - | 241.22256G.02, subdivision 7, that are engaged in monitoring, providing, or regulating services |
|---|
| 7883 | | - | 241.23or treatment for mental illness, developmental disability, or substance use disorder, or |
|---|
| 7884 | | - | 241.24emotional disturbance. |
|---|
| 7885 | | - | 241.25Sec. 48. Minnesota Statutes 2024, section 245.91, subdivision 4, is amended to read: |
|---|
| 7886 | | - | 241.26 Subd. 4.Facility or program."Facility" or "program" means a nonresidential or |
|---|
| 7887 | | - | 241.27residential program as defined in section 245A.02, subdivisions 10 and 14, and any agency, |
|---|
| 7888 | | - | 241.28facility, or program that provides services or treatment for mental illness, developmental |
|---|
| 7889 | | - | 241.29disability, or substance use disorder, or emotional disturbance that is required to be licensed, |
|---|
| 7890 | | - | 241.30certified, or registered by the commissioner of human services, health, or education; a sober |
|---|
| 7891 | | - | 241.31home as defined in section 254B.01, subdivision 11; peer recovery support services provided |
|---|
| 7892 | | - | 241.32by a recovery community organization as defined in section 254B.01, subdivision 8; and |
|---|
| 7893 | | - | 241Article 8 Sec. 48. |
|---|
| 7894 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 242.1an acute care inpatient facility that provides services or treatment for mental illness, |
|---|
| 7895 | | - | 242.2developmental disability, or substance use disorder, or emotional disturbance. |
|---|
| 7896 | | - | 242.3Sec. 49. Minnesota Statutes 2024, section 245.92, is amended to read: |
|---|
| 7897 | | - | 242.4 245.92 OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS; |
|---|
| 7898 | | - | 242.5FUNCTION. |
|---|
| 7899 | | - | 242.6 The ombudsman for persons receiving services or treatment for mental illness, |
|---|
| 7900 | | - | 242.7developmental disability, or substance use disorder, or emotional disturbance shall promote |
|---|
| 7901 | | - | 242.8the highest attainable standards of treatment, competence, efficiency, and justice. The |
|---|
| 7902 | | - | 242.9ombudsman may gather information and data about decisions, acts, and other matters of an |
|---|
| 7903 | | - | 242.10agency, facility, or program, and shall monitor the treatment of individuals participating in |
|---|
| 7904 | | - | 242.11a University of Minnesota Department of Psychiatry clinical drug trial. The ombudsman is |
|---|
| 7905 | | - | 242.12appointed by the governor, serves in the unclassified service, and may be removed only for |
|---|
| 7906 | | - | 242.13just cause. The ombudsman must be selected without regard to political affiliation and must |
|---|
| 7907 | | - | 242.14be a person who has knowledge and experience concerning the treatment, needs, and rights |
|---|
| 7908 | | - | 242.15of clients, and who is highly competent and qualified. No person may serve as ombudsman |
|---|
| 7909 | | - | 242.16while holding another public office. |
|---|
| 7910 | | - | 242.17Sec. 50. Minnesota Statutes 2024, section 245.94, subdivision 1, is amended to read: |
|---|
| 7911 | | - | 242.18 Subdivision 1.Powers.(a) The ombudsman may prescribe the methods by which |
|---|
| 7912 | | - | 242.19complaints to the office are to be made, reviewed, and acted upon. The ombudsman may |
|---|
| 7913 | | - | 242.20not levy a complaint fee. |
|---|
| 7914 | | - | 242.21 (b) The ombudsman is a health oversight agency as defined in Code of Federal |
|---|
| 7915 | | - | 242.22Regulations, title 45, section 164.501. The ombudsman may access patient records according |
|---|
| 7916 | | - | 242.23to Code of Federal Regulations, title 42, section 2.53. For purposes of this paragraph, |
|---|
| 7917 | | - | 242.24"records" has the meaning given in Code of Federal Regulations, title 42, section |
|---|
| 7918 | | - | 242.252.53(a)(1)(i). |
|---|
| 7919 | | - | 242.26 (c) The ombudsman may mediate or advocate on behalf of a client. |
|---|
| 7920 | | - | 242.27 (d) The ombudsman may investigate the quality of services provided to clients and |
|---|
| 7921 | | - | 242.28determine the extent to which quality assurance mechanisms within state and county |
|---|
| 7922 | | - | 242.29government work to promote the health, safety, and welfare of clients. |
|---|
| 7923 | | - | 242.30 (e) At the request of a client, or upon receiving a complaint or other information affording |
|---|
| 7924 | | - | 242.31reasonable grounds to believe that the rights of one or more clients who may not be capable |
|---|
| 7925 | | - | 242.32of requesting assistance have been adversely affected, the ombudsman may gather |
|---|
| 7926 | | - | 242Article 8 Sec. 50. |
|---|
| 7927 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 243.1information and data about and analyze, on behalf of the client, the actions of an agency, |
|---|
| 7928 | | - | 243.2facility, or program. |
|---|
| 7929 | | - | 243.3 (f) The ombudsman may gather, on behalf of one or more clients, records of an agency, |
|---|
| 7930 | | - | 243.4facility, or program, or records related to clinical drug trials from the University of Minnesota |
|---|
| 7931 | | - | 243.5Department of Psychiatry, if the records relate to a matter that is within the scope of the |
|---|
| 7932 | | - | 243.6ombudsman's authority. If the records are private and the client is capable of providing |
|---|
| 7933 | | - | 243.7consent, the ombudsman shall first obtain the client's consent. The ombudsman is not |
|---|
| 7934 | | - | 243.8required to obtain consent for access to private data on clients with developmental disabilities |
|---|
| 7935 | | - | 243.9and individuals served by the Minnesota Sex Offender Program. The ombudsman may also |
|---|
| 7936 | | - | 243.10take photographic or videographic evidence while reviewing the actions of an agency, |
|---|
| 7937 | | - | 243.11facility, or program, with the consent of the client. The ombudsman is not required to obtain |
|---|
| 7938 | | - | 243.12consent for access to private data on decedents who were receiving services for mental |
|---|
| 7939 | | - | 243.13illness, developmental disability, or substance use disorder, or emotional disturbance. All |
|---|
| 7940 | | - | 243.14data collected, created, received, or maintained by the ombudsman are governed by chapter |
|---|
| 7941 | | - | 243.1513 and other applicable law. |
|---|
| 7942 | | - | 243.16 (g) Notwithstanding any law to the contrary, the ombudsman may subpoena a person |
|---|
| 7943 | | - | 243.17to appear, give testimony, or produce documents or other evidence that the ombudsman |
|---|
| 7944 | | - | 243.18considers relevant to a matter under inquiry. The ombudsman may petition the appropriate |
|---|
| 7945 | | - | 243.19court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part |
|---|
| 7946 | | - | 243.20of an investigation possesses the same privileges that a witness possesses in the courts or |
|---|
| 7947 | | - | 243.21under the law of this state. Data obtained from a person under this paragraph are private |
|---|
| 7948 | | - | 243.22data as defined in section 13.02, subdivision 12. |
|---|
| 7949 | | - | 243.23 (h) The ombudsman may, at reasonable times in the course of conducting a review, enter |
|---|
| 7950 | | - | 243.24and view premises within the control of an agency, facility, or program. |
|---|
| 7951 | | - | 243.25 (i) The ombudsman may attend Direct Care and Treatment Review Board and Special |
|---|
| 7952 | | - | 243.26Review Board proceedings; proceedings regarding the transfer of clients, as defined in |
|---|
| 7953 | | - | 243.27section 246.50, subdivision 4, between institutions operated by the Direct Care and Treatment |
|---|
| 7954 | | - | 243.28executive board; and, subject to the consent of the affected client, other proceedings affecting |
|---|
| 7955 | | - | 243.29the rights of clients. The ombudsman is not required to obtain consent to attend meetings |
|---|
| 7956 | | - | 243.30or proceedings and have access to private data on clients with developmental disabilities |
|---|
| 7957 | | - | 243.31and individuals served by the Minnesota Sex Offender Program. |
|---|
| 7958 | | - | 243.32 (j) The ombudsman shall gather data of agencies, facilities, or programs classified as |
|---|
| 7959 | | - | 243.33private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding services |
|---|
| 7960 | | - | 243Article 8 Sec. 50. |
|---|
| 7961 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 244.1provided to clients with developmental disabilities and individuals served by the Minnesota |
|---|
| 7962 | | - | 244.2Sex Offender Program. |
|---|
| 7963 | | - | 244.3 (k) To avoid duplication and preserve evidence, the ombudsman shall inform relevant |
|---|
| 7964 | | - | 244.4licensing or regulatory officials before undertaking a review of an action of the facility or |
|---|
| 7965 | | - | 244.5program. |
|---|
| 7966 | | - | 244.6 (l) The Office of Ombudsman shall provide the services of the Civil Commitment |
|---|
| 7967 | | - | 244.7Training and Resource Center. |
|---|
| 7968 | | - | 244.8 (m) The ombudsman shall monitor the treatment of individuals participating in a |
|---|
| 7969 | | - | 244.9University of Minnesota Department of Psychiatry clinical drug trial and ensure that all |
|---|
| 7970 | | - | 244.10protections for human subjects required by federal law and the Institutional Review Board |
|---|
| 7971 | | - | 244.11are provided. |
|---|
| 7972 | | - | 244.12 (n) Sections 245.91 to 245.97 are in addition to other provisions of law under which any |
|---|
| 7973 | | - | 244.13other remedy or right is provided. |
|---|
| 7974 | | - | 244.14Sec. 51. Minnesota Statutes 2024, section 245A.03, subdivision 2, is amended to read: |
|---|
| 7975 | | - | 244.15 Subd. 2.Exclusion from licensure.(a) This chapter does not apply to: |
|---|
| 7976 | | - | 244.16 (1) residential or nonresidential programs that are provided to a person by an individual |
|---|
| 7977 | | - | 244.17who is related; |
|---|
| 7978 | | - | 244.18 (2) nonresidential programs that are provided by an unrelated individual to persons from |
|---|
| 7979 | | - | 244.19a single related family; |
|---|
| 7980 | | - | 244.20 (3) residential or nonresidential programs that are provided to adults who do not misuse |
|---|
| 7981 | | - | 244.21substances or have a substance use disorder, a mental illness, a developmental disability, a |
|---|
| 7982 | | - | 244.22functional impairment, or a physical disability; |
|---|
| 7983 | | - | 244.23 (4) sheltered workshops or work activity programs that are certified by the commissioner |
|---|
| 7984 | | - | 244.24of employment and economic development; |
|---|
| 7985 | | - | 244.25 (5) programs operated by a public school for children 33 months or older; |
|---|
| 7986 | | - | 244.26 (6) nonresidential programs primarily for children that provide care or supervision for |
|---|
| 7987 | | - | 244.27periods of less than three hours a day while the child's parent or legal guardian is in the |
|---|
| 7988 | | - | 244.28same building as the nonresidential program or present within another building that is |
|---|
| 7989 | | - | 244.29directly contiguous to the building in which the nonresidential program is located; |
|---|
| 7990 | | - | 244.30 (7) nursing homes or hospitals licensed by the commissioner of health except as specified |
|---|
| 7991 | | - | 244.31under section 245A.02; |
|---|
| 7992 | | - | 244Article 8 Sec. 51. |
|---|
| 7993 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 245.1 (8) board and lodge facilities licensed by the commissioner of health that do not provide |
|---|
| 7994 | | - | 245.2children's residential services under Minnesota Rules, chapter 2960, mental health or |
|---|
| 7995 | | - | 245.3substance use disorder treatment; |
|---|
| 7996 | | - | 245.4 (9) programs licensed by the commissioner of corrections; |
|---|
| 7997 | | - | 245.5 (10) recreation programs for children or adults that are operated or approved by a park |
|---|
| 7998 | | - | 245.6and recreation board whose primary purpose is to provide social and recreational activities; |
|---|
| 7999 | | - | 245.7 (11) noncertified boarding care homes unless they provide services for five or more |
|---|
| 8000 | | - | 245.8persons whose primary diagnosis is mental illness or a developmental disability; |
|---|
| 8001 | | - | 245.9 (12) programs for children such as scouting, boys clubs, girls clubs, and sports and art |
|---|
| 8002 | | - | 245.10programs, and nonresidential programs for children provided for a cumulative total of less |
|---|
| 8003 | | - | 245.11than 30 days in any 12-month period; |
|---|
| 8004 | | - | 245.12 (13) residential programs for persons with mental illness, that are located in hospitals; |
|---|
| 8005 | | - | 245.13 (14) camps licensed by the commissioner of health under Minnesota Rules, chapter |
|---|
| 8006 | | - | 245.144630; |
|---|
| 8007 | | - | 245.15 (15) mental health outpatient services for adults with mental illness or children with |
|---|
| 8008 | | - | 245.16emotional disturbance mental illness; |
|---|
| 8009 | | - | 245.17 (16) residential programs serving school-age children whose sole purpose is cultural or |
|---|
| 8010 | | - | 245.18educational exchange, until the commissioner adopts appropriate rules; |
|---|
| 8011 | | - | 245.19 (17) community support services programs as defined in section 245.462, subdivision |
|---|
| 8012 | | - | 245.206, and family community support services as defined in section 245.4871, subdivision 17; |
|---|
| 8013 | | - | 245.21 (18) assisted living facilities licensed by the commissioner of health under chapter 144G; |
|---|
| 8014 | | - | 245.22 (19) substance use disorder treatment activities of licensed professionals in private |
|---|
| 8015 | | - | 245.23practice as defined in section 245G.01, subdivision 17; |
|---|
| 8016 | | - | 245.24 (20) consumer-directed community support service funded under the Medicaid waiver |
|---|
| 8017 | | - | 245.25for persons with developmental disabilities when the individual who provided the service |
|---|
| 8018 | | - | 245.26is: |
|---|
| 8019 | | - | 245.27 (i) the same individual who is the direct payee of these specific waiver funds or paid by |
|---|
| 8020 | | - | 245.28a fiscal agent, fiscal intermediary, or employer of record; and |
|---|
| 8021 | | - | 245.29 (ii) not otherwise under the control of a residential or nonresidential program that is |
|---|
| 8022 | | - | 245.30required to be licensed under this chapter when providing the service; |
|---|
| 8023 | | - | 245Article 8 Sec. 51. |
|---|
| 8024 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 246.1 (21) a county that is an eligible vendor under section 254B.05 to provide care coordination |
|---|
| 8025 | | - | 246.2and comprehensive assessment services; |
|---|
| 8026 | | - | 246.3 (22) a recovery community organization that is an eligible vendor under section 254B.05 |
|---|
| 8027 | | - | 246.4to provide peer recovery support services; or |
|---|
| 8028 | | - | 246.5 (23) programs licensed by the commissioner of children, youth, and families in chapter |
|---|
| 8029 | | - | 246.6142B. |
|---|
| 8030 | | - | 246.7 (b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a |
|---|
| 8031 | | - | 246.8building in which a nonresidential program is located if it shares a common wall with the |
|---|
| 8032 | | - | 246.9building in which the nonresidential program is located or is attached to that building by |
|---|
| 8033 | | - | 246.10skyway, tunnel, atrium, or common roof. |
|---|
| 8034 | | - | 246.11 (c) Except for the home and community-based services identified in section 245D.03, |
|---|
| 8035 | | - | 246.12subdivision 1, nothing in this chapter shall be construed to require licensure for any services |
|---|
| 8036 | | - | 246.13provided and funded according to an approved federal waiver plan where licensure is |
|---|
| 8037 | | - | 246.14specifically identified as not being a condition for the services and funding. |
|---|
| 8038 | | - | 246.15Sec. 52. Minnesota Statutes 2024, section 245A.26, subdivision 1, is amended to read: |
|---|
| 8039 | | - | 246.16 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this |
|---|
| 8040 | | - | 246.17subdivision have the meanings given. |
|---|
| 8041 | | - | 246.18 (b) "Clinical trainee" means a staff person who is qualified under section 245I.04, |
|---|
| 8042 | | - | 246.19subdivision 6. |
|---|
| 8043 | | - | 246.20 (c) "License holder" means an individual, organization, or government entity that was |
|---|
| 8044 | | - | 246.21issued a license by the commissioner of human services under this chapter for residential |
|---|
| 8045 | | - | 246.22mental health treatment for children with emotional disturbance mental illness according |
|---|
| 8046 | | - | 246.23to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700, or shelter |
|---|
| 8047 | | - | 246.24care services according to Minnesota Rules, parts 2960.0010 to 2960.0120 and 2960.0510 |
|---|
| 8048 | | - | 246.25to 2960.0530. |
|---|
| 8049 | | - | 246.26 (d) "Mental health professional" means an individual who is qualified under section |
|---|
| 8050 | | - | 246.27245I.04, subdivision 2. |
|---|
| 8051 | | - | 246.28Sec. 53. Minnesota Statutes 2024, section 245A.26, subdivision 2, is amended to read: |
|---|
| 8052 | | - | 246.29 Subd. 2.Scope and applicability.(a) This section establishes additional licensing |
|---|
| 8053 | | - | 246.30requirements for a children's residential facility to provide children's residential crisis |
|---|
| 8054 | | - | 246Article 8 Sec. 53. |
|---|
| 8055 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 247.1stabilization services to a client who is experiencing a mental health crisis and is in need of |
|---|
| 8056 | | - | 247.2residential treatment services. |
|---|
| 8057 | | - | 247.3 (b) A children's residential facility may provide residential crisis stabilization services |
|---|
| 8058 | | - | 247.4only if the facility is licensed to provide: |
|---|
| 8059 | | - | 247.5 (1) residential mental health treatment for children with emotional disturbance mental |
|---|
| 8060 | | - | 247.6illness according to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to |
|---|
| 8061 | | - | 247.72960.0700; or |
|---|
| 8062 | | - | 247.8 (2) shelter care services according to Minnesota Rules, parts 2960.0010 to 2960.0120 |
|---|
| 8063 | | - | 247.9and 2960.0510 to 2960.0530. |
|---|
| 8064 | | - | 247.10 (c) If a client receives residential crisis stabilization services for 35 days or fewer in a |
|---|
| 8065 | | - | 247.11facility licensed according to paragraph (b), clause (1), the facility is not required to complete |
|---|
| 8066 | | - | 247.12a diagnostic assessment or treatment plan under Minnesota Rules, part 2960.0180, subpart |
|---|
| 8067 | | - | 247.132, and part 2960.0600. |
|---|
| 8068 | | - | 247.14 (d) If a client receives residential crisis stabilization services for 35 days or fewer in a |
|---|
| 8069 | | - | 247.15facility licensed according to paragraph (b), clause (2), the facility is not required to develop |
|---|
| 8070 | | - | 247.16a plan for meeting the client's immediate needs under Minnesota Rules, part 2960.0520, |
|---|
| 8071 | | - | 247.17subpart 3. |
|---|
| 8072 | | - | 247.18Sec. 54. Minnesota Statutes 2024, section 246C.12, subdivision 4, is amended to read: |
|---|
| 8073 | | - | 247.19 Subd. 4.Staff safety training.The executive board shall require all staff in mental |
|---|
| 8074 | | - | 247.20health and support units at regional treatment centers who have contact with persons children |
|---|
| 8075 | | - | 247.21or adults with mental illness or severe emotional disturbance to be appropriately trained in |
|---|
| 8076 | | - | 247.22violence reduction and violence prevention and shall establish criteria for such training. |
|---|
| 8077 | | - | 247.23Training programs shall be developed with input from consumer advocacy organizations |
|---|
| 8078 | | - | 247.24and shall employ violence prevention techniques as preferable to physical interaction. |
|---|
| 8079 | | - | 247.25Sec. 55. Minnesota Statutes 2024, section 252.27, subdivision 1, is amended to read: |
|---|
| 8080 | | - | 247.26 Subdivision 1.County of financial responsibility.Whenever any child who has a |
|---|
| 8081 | | - | 247.27developmental disability, or a physical disability or emotional disturbance mental illness is |
|---|
| 8082 | | - | 247.28in 24-hour care outside the home including respite care, in a facility licensed by the |
|---|
| 8083 | | - | 247.29commissioner of human services, the cost of services shall be paid by the county of financial |
|---|
| 8084 | | - | 247.30responsibility determined pursuant to chapter 256G. If the child's parents or guardians do |
|---|
| 8085 | | - | 247.31not reside in this state, the cost shall be paid by the responsible governmental agency in the |
|---|
| 8086 | | - | 247Article 8 Sec. 55. |
|---|
| 8087 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 248.1state from which the child came, by the parents or guardians of the child if they are financially |
|---|
| 8088 | | - | 248.2able, or, if no other payment source is available, by the commissioner of human services. |
|---|
| 8089 | | - | 248.3Sec. 56. Minnesota Statutes 2024, section 256B.02, subdivision 11, is amended to read: |
|---|
| 8090 | | - | 248.4 Subd. 11.Related condition."Related condition" means a condition: |
|---|
| 8091 | | - | 248.5 (1) that is found to be closely related to a developmental disability, including but not |
|---|
| 8092 | | - | 248.6limited to cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi |
|---|
| 8093 | | - | 248.7syndrome; and |
|---|
| 8094 | | - | 248.8 (2) that meets all of the following criteria: |
|---|
| 8095 | | - | 248.9 (i) is severe and chronic; |
|---|
| 8096 | | - | 248.10 (ii) results in impairment of general intellectual functioning or adaptive behavior similar |
|---|
| 8097 | | - | 248.11to that of persons with developmental disabilities; |
|---|
| 8098 | | - | 248.12 (iii) requires treatment or services similar to those required for persons with |
|---|
| 8099 | | - | 248.13developmental disabilities; |
|---|
| 8100 | | - | 248.14 (iv) is manifested before the person reaches 22 years of age; |
|---|
| 8101 | | - | 248.15 (v) is likely to continue indefinitely; |
|---|
| 8102 | | - | 248.16 (vi) results in substantial functional limitations in three or more of the following areas |
|---|
| 8103 | | - | 248.17of major life activity: |
|---|
| 8104 | | - | 248.18 (A) self-care; |
|---|
| 8105 | | - | 248.19 (B) understanding and use of language; |
|---|
| 8106 | | - | 248.20 (C) learning; |
|---|
| 8107 | | - | 248.21 (D) mobility; |
|---|
| 8108 | | - | 248.22 (E) self-direction; or |
|---|
| 8109 | | - | 248.23 (F) capacity for independent living; and |
|---|
| 8110 | | - | 248.24 (vii) is not attributable to mental illness as defined in section 245.462, subdivision 20, |
|---|
| 8111 | | - | 248.25or an emotional disturbance as defined in section 245.4871, subdivision 15. For purposes |
|---|
| 8112 | | - | 248.26of this item, notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15, |
|---|
| 8113 | | - | 248.27"mental illness" does not include autism or other pervasive developmental disorders. |
|---|
| 8114 | | - | 248Article 8 Sec. 56. |
|---|
| 8115 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 249.1Sec. 57. Minnesota Statutes 2024, section 256B.055, subdivision 12, is amended to read: |
|---|
| 8116 | | - | 249.2 Subd. 12.Children with disabilities.(a) A person is eligible for medical assistance if |
|---|
| 8117 | | - | 249.3the person is under age 19 and qualifies as a disabled individual under United States Code, |
|---|
| 8118 | | - | 249.4title 42, section 1382c(a), and would be eligible for medical assistance under the state plan |
|---|
| 8119 | | - | 249.5if residing in a medical institution, and the child requires a level of care provided in a hospital, |
|---|
| 8120 | | - | 249.6nursing facility, or intermediate care facility for persons with developmental disabilities, |
|---|
| 8121 | | - | 249.7for whom home care is appropriate, provided that the cost to medical assistance under this |
|---|
| 8122 | | - | 249.8section is not more than the amount that medical assistance would pay for if the child resides |
|---|
| 8123 | | - | 249.9in an institution. After the child is determined to be eligible under this section, the |
|---|
| 8124 | | - | 249.10commissioner shall review the child's disability under United States Code, title 42, section |
|---|
| 8125 | | - | 249.111382c(a) and level of care defined under this section no more often than annually and may |
|---|
| 8126 | | - | 249.12elect, based on the recommendation of health care professionals under contract with the |
|---|
| 8127 | | - | 249.13state medical review team, to extend the review of disability and level of care up to a |
|---|
| 8128 | | - | 249.14maximum of four years. The commissioner's decision on the frequency of continuing review |
|---|
| 8129 | | - | 249.15of disability and level of care is not subject to administrative appeal under section 256.045. |
|---|
| 8130 | | - | 249.16The county agency shall send a notice of disability review to the enrollee six months prior |
|---|
| 8131 | | - | 249.17to the date the recertification of disability is due. Nothing in this subdivision shall be |
|---|
| 8132 | | - | 249.18construed as affecting other redeterminations of medical assistance eligibility under this |
|---|
| 8133 | | - | 249.19chapter and annual cost-effective reviews under this section. |
|---|
| 8134 | | - | 249.20 (b) For purposes of this subdivision, "hospital" means an institution as defined in section |
|---|
| 8135 | | - | 249.21144.696, subdivision 3, 144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and |
|---|
| 8136 | | - | 249.22licensed pursuant to sections 144.50 to 144.58. For purposes of this subdivision, a child |
|---|
| 8137 | | - | 249.23requires a level of care provided in a hospital if the child is determined by the commissioner |
|---|
| 8138 | | - | 249.24to need an extensive array of health services, including mental health services, for an |
|---|
| 8139 | | - | 249.25undetermined period of time, whose health condition requires frequent monitoring and |
|---|
| 8140 | | - | 249.26treatment by a health care professional or by a person supervised by a health care |
|---|
| 8141 | | - | 249.27professional, who would reside in a hospital or require frequent hospitalization if these |
|---|
| 8142 | | - | 249.28services were not provided, and the daily care needs are more complex than a nursing facility |
|---|
| 8143 | | - | 249.29level of care. |
|---|
| 8144 | | - | 249.30 A child with serious emotional disturbance mental illness requires a level of care provided |
|---|
| 8145 | | - | 249.31in a hospital if the commissioner determines that the individual requires 24-hour supervision |
|---|
| 8146 | | - | 249.32because the person exhibits recurrent or frequent suicidal or homicidal ideation or behavior, |
|---|
| 8147 | | - | 249.33recurrent or frequent psychosomatic disorders or somatopsychic disorders that may become |
|---|
| 8148 | | - | 249.34life threatening, recurrent or frequent severe socially unacceptable behavior associated with |
|---|
| 8149 | | - | 249.35psychiatric disorder, ongoing and chronic psychosis or severe, ongoing and chronic |
|---|
| 8150 | | - | 249Article 8 Sec. 57. |
|---|
| 8151 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 250.1developmental problems requiring continuous skilled observation, or severe disabling |
|---|
| 8152 | | - | 250.2symptoms for which office-centered outpatient treatment is not adequate, and which overall |
|---|
| 8153 | | - | 250.3severely impact the individual's ability to function. |
|---|
| 8154 | | - | 250.4 (c) For purposes of this subdivision, "nursing facility" means a facility which provides |
|---|
| 8155 | | - | 250.5nursing care as defined in section 144A.01, subdivision 5, licensed pursuant to sections |
|---|
| 8156 | | - | 250.6144A.02 to 144A.10, which is appropriate if a person is in active restorative treatment; is |
|---|
| 8157 | | - | 250.7in need of special treatments provided or supervised by a licensed nurse; or has unpredictable |
|---|
| 8158 | | - | 250.8episodes of active disease processes requiring immediate judgment by a licensed nurse. For |
|---|
| 8159 | | - | 250.9purposes of this subdivision, a child requires the level of care provided in a nursing facility |
|---|
| 8160 | | - | 250.10if the child is determined by the commissioner to meet the requirements of the preadmission |
|---|
| 8161 | | - | 250.11screening assessment document under section 256B.0911, adjusted to address age-appropriate |
|---|
| 8162 | | - | 250.12standards for children age 18 and under. |
|---|
| 8163 | | - | 250.13 (d) For purposes of this subdivision, "intermediate care facility for persons with |
|---|
| 8164 | | - | 250.14developmental disabilities" or "ICF/DD" means a program licensed to provide services to |
|---|
| 8165 | | - | 250.15persons with developmental disabilities under section 252.28, and chapter 245A, and a |
|---|
| 8166 | | - | 250.16physical plant licensed as a supervised living facility under chapter 144, which together are |
|---|
| 8167 | | - | 250.17certified by the Minnesota Department of Health as meeting the standards in Code of Federal |
|---|
| 8168 | | - | 250.18Regulations, title 42, part 483, for an intermediate care facility which provides services for |
|---|
| 8169 | | - | 250.19persons with developmental disabilities who require 24-hour supervision and active treatment |
|---|
| 8170 | | - | 250.20for medical, behavioral, or habilitation needs. For purposes of this subdivision, a child |
|---|
| 8171 | | - | 250.21requires a level of care provided in an ICF/DD if the commissioner finds that the child has |
|---|
| 8172 | | - | 250.22a developmental disability in accordance with section 256B.092, is in need of a 24-hour |
|---|
| 8173 | | - | 250.23plan of care and active treatment similar to persons with developmental disabilities, and |
|---|
| 8174 | | - | 250.24there is a reasonable indication that the child will need ICF/DD services. |
|---|
| 8175 | | - | 250.25 (e) For purposes of this subdivision, a person requires the level of care provided in a |
|---|
| 8176 | | - | 250.26nursing facility if the person requires 24-hour monitoring or supervision and a plan of mental |
|---|
| 8177 | | - | 250.27health treatment because of specific symptoms or functional impairments associated with |
|---|
| 8178 | | - | 250.28a serious mental illness or disorder diagnosis, which meet severity criteria for mental health |
|---|
| 8179 | | - | 250.29established by the commissioner and published in March 1997 as the Minnesota Mental |
|---|
| 8180 | | - | 250.30Health Level of Care for Children and Adolescents with Severe Emotional Disorders. |
|---|
| 8181 | | - | 250.31 (f) The determination of the level of care needed by the child shall be made by the |
|---|
| 8182 | | - | 250.32commissioner based on information supplied to the commissioner by (1) the parent or |
|---|
| 8183 | | - | 250.33guardian, (2) the child's physician or physicians, advanced practice registered nurse or |
|---|
| 8184 | | - | 250.34advanced practice registered nurses, or physician assistant or physician assistants, and (3) |
|---|
| 8185 | | - | 250Article 8 Sec. 57. |
|---|
| 8186 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 251.1other professionals as requested by the commissioner. The commissioner shall establish a |
|---|
| 8187 | | - | 251.2screening team to conduct the level of care determinations according to this subdivision. |
|---|
| 8188 | | - | 251.3 (g) If a child meets the conditions in paragraph (b), (c), (d), or (e), the commissioner |
|---|
| 8189 | | - | 251.4must assess the case to determine whether: |
|---|
| 8190 | | - | 251.5 (1) the child qualifies as a disabled individual under United States Code, title 42, section |
|---|
| 8191 | | - | 251.61382c(a), and would be eligible for medical assistance if residing in a medical institution; |
|---|
| 8192 | | - | 251.7and |
|---|
| 8193 | | - | 251.8 (2) the cost of medical assistance services for the child, if eligible under this subdivision, |
|---|
| 8194 | | - | 251.9would not be more than the cost to medical assistance if the child resides in a medical |
|---|
| 8195 | | - | 251.10institution to be determined as follows: |
|---|
| 8196 | | - | 251.11 (i) for a child who requires a level of care provided in an ICF/DD, the cost of care for |
|---|
| 8197 | | - | 251.12the child in an institution shall be determined using the average payment rate established |
|---|
| 8198 | | - | 251.13for the regional treatment centers that are certified as ICF's/DD; |
|---|
| 8199 | | - | 251.14 (ii) for a child who requires a level of care provided in an inpatient hospital setting |
|---|
| 8200 | | - | 251.15according to paragraph (b), cost-effectiveness shall be determined according to Minnesota |
|---|
| 8201 | | - | 251.16Rules, part 9505.3520, items F and G; and |
|---|
| 8202 | | - | 251.17 (iii) for a child who requires a level of care provided in a nursing facility according to |
|---|
| 8203 | | - | 251.18paragraph (c) or (e), cost-effectiveness shall be determined according to Minnesota Rules, |
|---|
| 8204 | | - | 251.19part 9505.3040, except that the nursing facility average rate shall be adjusted to reflect rates |
|---|
| 8205 | | - | 251.20which would be paid for children under age 16. The commissioner may authorize an amount |
|---|
| 8206 | | - | 251.21up to the amount medical assistance would pay for a child referred to the commissioner by |
|---|
| 8207 | | - | 251.22the preadmission screening team under section 256B.0911. |
|---|
| 8208 | | - | 251.23Sec. 58. Minnesota Statutes 2024, section 256B.0616, subdivision 1, is amended to read: |
|---|
| 8209 | | - | 251.24 Subdivision 1.Scope.Medical assistance covers mental health certified family peer |
|---|
| 8210 | | - | 251.25specialists services, as established in subdivision 2, subject to federal approval, if provided |
|---|
| 8211 | | - | 251.26to recipients who have an emotional disturbance a mental illness or severe emotional |
|---|
| 8212 | | - | 251.27disturbance serious mental illness under chapter 245, and are provided by a mental health |
|---|
| 8213 | | - | 251.28certified family peer specialist who has completed the training under subdivision 5 and is |
|---|
| 8214 | | - | 251.29qualified according to section 245I.04, subdivision 12. A family peer specialist cannot |
|---|
| 8215 | | - | 251.30provide services to the peer specialist's family. |
|---|
| 8216 | | - | 251Article 8 Sec. 58. |
|---|
| 8217 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 252.1Sec. 59. Minnesota Statutes 2024, section 256B.0757, subdivision 2, is amended to read: |
|---|
| 8218 | | - | 252.2 Subd. 2.Eligible individual.(a) The commissioner may elect to develop health home |
|---|
| 8219 | | - | 252.3models in accordance with United States Code, title 42, section 1396w-4. |
|---|
| 8220 | | - | 252.4 (b) An individual is eligible for health home services under this section if the individual |
|---|
| 8221 | | - | 252.5is eligible for medical assistance under this chapter and has a condition that meets the |
|---|
| 8222 | | - | 252.6definition of mental illness as described in section 245.462, subdivision 20, paragraph (a), |
|---|
| 8223 | | - | 252.7or emotional disturbance as defined in section 245.4871, subdivision 15, clause (2). The |
|---|
| 8224 | | - | 252.8commissioner shall establish criteria for determining continued eligibility. |
|---|
| 8225 | | - | 252.9Sec. 60. Minnesota Statutes 2024, section 256B.0943, subdivision 1, is amended to read: |
|---|
| 8226 | | - | 252.10 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
|---|
| 8227 | | - | 252.11the meanings given them. |
|---|
| 8228 | | - | 252.12 (b) "Children's therapeutic services and supports" means the flexible package of mental |
|---|
| 8229 | | - | 252.13health services for children who require varying therapeutic and rehabilitative levels of |
|---|
| 8230 | | - | 252.14intervention to treat a diagnosed emotional disturbance, as defined in section 245.4871, |
|---|
| 8231 | | - | 252.15subdivision 15, or a diagnosed mental illness, as defined in section 245.462, subdivision |
|---|
| 8232 | | - | 252.1620, or 245.4871, subdivision 15. The services are time-limited interventions that are delivered |
|---|
| 8233 | | - | 252.17using various treatment modalities and combinations of services designed to reach treatment |
|---|
| 8234 | | - | 252.18outcomes identified in the individual treatment plan. |
|---|
| 8235 | | - | 252.19 (c) "Clinical trainee" means a staff person who is qualified according to section 245I.04, |
|---|
| 8236 | | - | 252.20subdivision 6. |
|---|
| 8237 | | - | 252.21 (d) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a. |
|---|
| 8238 | | - | 252.22 (e) "Culturally competent provider" means a provider who understands and can utilize |
|---|
| 8239 | | - | 252.23to a client's benefit the client's culture when providing services to the client. A provider |
|---|
| 8240 | | - | 252.24may be culturally competent because the provider is of the same cultural or ethnic group |
|---|
| 8241 | | - | 252.25as the client or the provider has developed the knowledge and skills through training and |
|---|
| 8242 | | - | 252.26experience to provide services to culturally diverse clients. |
|---|
| 8243 | | - | 252.27 (f) "Day treatment program" for children means a site-based structured mental health |
|---|
| 8244 | | - | 252.28program consisting of psychotherapy for three or more individuals and individual or group |
|---|
| 8245 | | - | 252.29skills training provided by a team, under the treatment supervision of a mental health |
|---|
| 8246 | | - | 252.30professional. |
|---|
| 8247 | | - | 252.31 (g) "Direct service time" means the time that a mental health professional, clinical trainee, |
|---|
| 8248 | | - | 252.32mental health practitioner, or mental health behavioral aide spends face-to-face with a client |
|---|
| 8249 | | - | 252Article 8 Sec. 60. |
|---|
| 8250 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 253.1and the client's family or providing covered services through telehealth as defined under |
|---|
| 8251 | | - | 253.2section 256B.0625, subdivision 3b. Direct service time includes time in which the provider |
|---|
| 8252 | | - | 253.3obtains a client's history, develops a client's treatment plan, records individual treatment |
|---|
| 8253 | | - | 253.4outcomes, or provides service components of children's therapeutic services and supports. |
|---|
| 8254 | | - | 253.5Direct service time does not include time doing work before and after providing direct |
|---|
| 8255 | | - | 253.6services, including scheduling or maintaining clinical records. |
|---|
| 8256 | | - | 253.7 (h) "Direction of mental health behavioral aide" means the activities of a mental health |
|---|
| 8257 | | - | 253.8professional, clinical trainee, or mental health practitioner in guiding the mental health |
|---|
| 8258 | | - | 253.9behavioral aide in providing services to a client. The direction of a mental health behavioral |
|---|
| 8259 | | - | 253.10aide must be based on the client's individual treatment plan and meet the requirements in |
|---|
| 8260 | | - | 253.11subdivision 6, paragraph (b), clause (7). |
|---|
| 8261 | | - | 253.12 (i) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15. |
|---|
| 8262 | | - | 253.13 (j) (i) "Individual treatment plan" means the plan described in section 245I.10, |
|---|
| 8263 | | - | 253.14subdivisions 7 and 8. |
|---|
| 8264 | | - | 253.15 (k) (j) "Mental health behavioral aide services" means medically necessary one-on-one |
|---|
| 8265 | | - | 253.16activities performed by a mental health behavioral aide qualified according to section |
|---|
| 8266 | | - | 253.17245I.04, subdivision 16, to assist a child retain or generalize psychosocial skills as previously |
|---|
| 8267 | | - | 253.18trained by a mental health professional, clinical trainee, or mental health practitioner and |
|---|
| 8268 | | - | 253.19as described in the child's individual treatment plan and individual behavior plan. Activities |
|---|
| 8269 | | - | 253.20involve working directly with the child or child's family as provided in subdivision 9, |
|---|
| 8270 | | - | 253.21paragraph (b), clause (4). |
|---|
| 8271 | | - | 253.22 (l) (k) "Mental health certified family peer specialist" means a staff person who is |
|---|
| 8272 | | - | 253.23qualified according to section 245I.04, subdivision 12. |
|---|
| 8273 | | - | 253.24 (m) (l) "Mental health practitioner" means a staff person who is qualified according to |
|---|
| 8274 | | - | 253.25section 245I.04, subdivision 4. |
|---|
| 8275 | | - | 253.26 (n) (m) "Mental health professional" means a staff person who is qualified according to |
|---|
| 8276 | | - | 253.27section 245I.04, subdivision 2. |
|---|
| 8277 | | - | 253.28 (o) (n) "Mental health service plan development" includes: |
|---|
| 8278 | | - | 253.29 (1) development and revision of a child's individual treatment plan; and |
|---|
| 8279 | | - | 253.30 (2) administering and reporting standardized outcome measurements approved by the |
|---|
| 8280 | | - | 253.31commissioner, as periodically needed to evaluate the effectiveness of treatment. |
|---|
| 8281 | | - | 253Article 8 Sec. 60. |
|---|
| 8282 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 254.1 (p) (o) "Mental illness," for persons at least age 18 but under age 21, has the meaning |
|---|
| 8283 | | - | 254.2given in section 245.462, subdivision 20, paragraph (a), for persons at least age 18 but under |
|---|
| 8284 | | - | 254.3age 21, and has the meaning given in section 245.4871, subdivision 15, for children under |
|---|
| 8285 | | - | 254.418 years of age. |
|---|
| 8286 | | - | 254.5 (q) (p) "Psychotherapy" means the treatment described in section 256B.0671, subdivision |
|---|
| 8287 | | - | 254.611. |
|---|
| 8288 | | - | 254.7 (r) (q) "Rehabilitative services" or "psychiatric rehabilitation services" means |
|---|
| 8289 | | - | 254.8interventions to: (1) restore a child or adolescent to an age-appropriate developmental |
|---|
| 8290 | | - | 254.9trajectory that had been disrupted by a psychiatric illness; or (2) enable the child to |
|---|
| 8291 | | - | 254.10self-monitor, compensate for, cope with, counteract, or replace psychosocial skills deficits |
|---|
| 8292 | | - | 254.11or maladaptive skills acquired over the course of a psychiatric illness. Psychiatric |
|---|
| 8293 | | - | 254.12rehabilitation services for children combine coordinated psychotherapy to address internal |
|---|
| 8294 | | - | 254.13psychological, emotional, and intellectual processing deficits, and skills training to restore |
|---|
| 8295 | | - | 254.14personal and social functioning. Psychiatric rehabilitation services establish a progressive |
|---|
| 8296 | | - | 254.15series of goals with each achievement building upon a prior achievement. |
|---|
| 8297 | | - | 254.16 (s) (r) "Skills training" means individual, family, or group training, delivered by or under |
|---|
| 8298 | | - | 254.17the supervision of a mental health professional, designed to facilitate the acquisition of |
|---|
| 8299 | | - | 254.18psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate |
|---|
| 8300 | | - | 254.19developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child |
|---|
| 8301 | | - | 254.20to self-monitor, compensate for, cope with, counteract, or replace skills deficits or |
|---|
| 8302 | | - | 254.21maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject |
|---|
| 8303 | | - | 254.22to the service delivery requirements under subdivision 9, paragraph (b), clause (2). |
|---|
| 8304 | | - | 254.23 (t) (s) "Standard diagnostic assessment" means the assessment described in section |
|---|
| 8305 | | - | 254.24245I.10, subdivision 6. |
|---|
| 8306 | | - | 254.25 (u) (t) "Treatment supervision" means the supervision described in section 245I.06. |
|---|
| 8307 | | - | 254.26Sec. 61. Minnesota Statutes 2024, section 256B.0943, subdivision 3, is amended to read: |
|---|
| 8308 | | - | 254.27 Subd. 3.Determination of client eligibility.(a) A client's eligibility to receive children's |
|---|
| 8309 | | - | 254.28therapeutic services and supports under this section shall be determined based on a standard |
|---|
| 8310 | | - | 254.29diagnostic assessment by a mental health professional or a clinical trainee that is performed |
|---|
| 8311 | | - | 254.30within one year before the initial start of service and updated as required under section |
|---|
| 8312 | | - | 254.31245I.10, subdivision 2. The standard diagnostic assessment must: |
|---|
| 8313 | | - | 254Article 8 Sec. 61. |
|---|
| 8314 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 255.1 (1) determine whether a child under age 18 has a diagnosis of emotional disturbance |
|---|
| 8315 | | - | 255.2mental illness or, if the person is between the ages of 18 and 21, whether the person has a |
|---|
| 8316 | | - | 255.3mental illness; |
|---|
| 8317 | | - | 255.4 (2) document children's therapeutic services and supports as medically necessary to |
|---|
| 8318 | | - | 255.5address an identified disability, functional impairment, and the individual client's needs and |
|---|
| 8319 | | - | 255.6goals; and |
|---|
| 8320 | | - | 255.7 (3) be used in the development of the individual treatment plan. |
|---|
| 8321 | | - | 255.8 (b) Notwithstanding paragraph (a), a client may be determined to be eligible for up to |
|---|
| 8322 | | - | 255.9five days of day treatment under this section based on a hospital's medical history and |
|---|
| 8323 | | - | 255.10presentation examination of the client. |
|---|
| 8324 | | - | 255.11 (c) Children's therapeutic services and supports include development and rehabilitative |
|---|
| 8325 | | - | 255.12services that support a child's developmental treatment needs. |
|---|
| 8326 | | - | 255.13Sec. 62. Minnesota Statutes 2024, section 256B.0943, subdivision 9, is amended to read: |
|---|
| 8327 | | - | 255.14 Subd. 9.Service delivery criteria.(a) In delivering services under this section, a certified |
|---|
| 8328 | | - | 255.15provider entity must ensure that: |
|---|
| 8329 | | - | 255.16 (1) the provider's caseload size should reasonably enable the provider to play an active |
|---|
| 8330 | | - | 255.17role in service planning, monitoring, and delivering services to meet the client's and client's |
|---|
| 8331 | | - | 255.18family's needs, as specified in each client's individual treatment plan; |
|---|
| 8332 | | - | 255.19 (2) site-based programs, including day treatment programs, provide staffing and facilities |
|---|
| 8333 | | - | 255.20to ensure the client's health, safety, and protection of rights, and that the programs are able |
|---|
| 8334 | | - | 255.21to implement each client's individual treatment plan; and |
|---|
| 8335 | | - | 255.22 (3) a day treatment program is provided to a group of clients by a team under the treatment |
|---|
| 8336 | | - | 255.23supervision of a mental health professional. The day treatment program must be provided |
|---|
| 8337 | | - | 255.24in and by: (i) an outpatient hospital accredited by the Joint Commission on Accreditation |
|---|
| 8338 | | - | 255.25of Health Organizations and licensed under sections 144.50 to 144.55; (ii) a community |
|---|
| 8339 | | - | 255.26mental health center under section 245.62; or (iii) an entity that is certified under subdivision |
|---|
| 8340 | | - | 255.274 to operate a program that meets the requirements of section 245.4884, subdivision 2, and |
|---|
| 8341 | | - | 255.28Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must stabilize |
|---|
| 8342 | | - | 255.29the client's mental health status while developing and improving the client's independent |
|---|
| 8343 | | - | 255.30living and socialization skills. The goal of the day treatment program must be to reduce or |
|---|
| 8344 | | - | 255.31relieve the effects of mental illness and provide training to enable the client to live in the |
|---|
| 8345 | | - | 255.32community. The remainder of the structured treatment program may include patient and/or |
|---|
| 8346 | | - | 255.33family or group psychotherapy, and individual or group skills training, if included in the |
|---|
| 8347 | | - | 255Article 8 Sec. 62. |
|---|
| 8348 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 256.1client's individual treatment plan. Day treatment programs are not part of inpatient or |
|---|
| 8349 | | - | 256.2residential treatment services. When a day treatment group that meets the minimum group |
|---|
| 8350 | | - | 256.3size requirement temporarily falls below the minimum group size because of a member's |
|---|
| 8351 | | - | 256.4temporary absence, medical assistance covers a group session conducted for the group |
|---|
| 8352 | | - | 256.5members in attendance. A day treatment program may provide fewer than the minimally |
|---|
| 8353 | | - | 256.6required hours for a particular child during a billing period in which the child is transitioning |
|---|
| 8354 | | - | 256.7into, or out of, the program. |
|---|
| 8355 | | - | 256.8 (b) To be eligible for medical assistance payment, a provider entity must deliver the |
|---|
| 8356 | | - | 256.9service components of children's therapeutic services and supports in compliance with the |
|---|
| 8357 | | - | 256.10following requirements: |
|---|
| 8358 | | - | 256.11 (1) psychotherapy to address the child's underlying mental health disorder must be |
|---|
| 8359 | | - | 256.12documented as part of the child's ongoing treatment. A provider must deliver or arrange for |
|---|
| 8360 | | - | 256.13medically necessary psychotherapy unless the child's parent or caregiver chooses not to |
|---|
| 8361 | | - | 256.14receive it or the provider determines that psychotherapy is no longer medically necessary. |
|---|
| 8362 | | - | 256.15When a provider determines that psychotherapy is no longer medically necessary, the |
|---|
| 8363 | | - | 256.16provider must update required documentation, including but not limited to the individual |
|---|
| 8364 | | - | 256.17treatment plan, the child's medical record, or other authorizations, to include the |
|---|
| 8365 | | - | 256.18determination. When a provider determines that a child needs psychotherapy but |
|---|
| 8366 | | - | 256.19psychotherapy cannot be delivered due to a shortage of licensed mental health professionals |
|---|
| 8367 | | - | 256.20in the child's community, the provider must document the lack of access in the child's |
|---|
| 8368 | | - | 256.21medical record; |
|---|
| 8369 | | - | 256.22 (2) individual, family, or group skills training is subject to the following requirements: |
|---|
| 8370 | | - | 256.23 (i) a mental health professional, clinical trainee, or mental health practitioner shall provide |
|---|
| 8371 | | - | 256.24skills training; |
|---|
| 8372 | | - | 256.25 (ii) skills training delivered to a child or the child's family must be targeted to the specific |
|---|
| 8373 | | - | 256.26deficits or maladaptations of the child's mental health disorder and must be prescribed in |
|---|
| 8374 | | - | 256.27the child's individual treatment plan; |
|---|
| 8375 | | - | 256.28 (iii) group skills training may be provided to multiple recipients who, because of the |
|---|
| 8376 | | - | 256.29nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from |
|---|
| 8377 | | - | 256.30interaction in a group setting, which must be staffed as follows: |
|---|
| 8378 | | - | 256.31 (A) one mental health professional, clinical trainee, or mental health practitioner must |
|---|
| 8379 | | - | 256.32work with a group of three to eight clients; or |
|---|
| 8380 | | - | 256Article 8 Sec. 62. |
|---|
| 8381 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 257.1 (B) any combination of two mental health professionals, clinical trainees, or mental |
|---|
| 8382 | | - | 257.2health practitioners must work with a group of nine to 12 clients; |
|---|
| 8383 | | - | 257.3 (iv) a mental health professional, clinical trainee, or mental health practitioner must have |
|---|
| 8384 | | - | 257.4taught the psychosocial skill before a mental health behavioral aide may practice that skill |
|---|
| 8385 | | - | 257.5with the client; and |
|---|
| 8386 | | - | 257.6 (v) for group skills training, when a skills group that meets the minimum group size |
|---|
| 8387 | | - | 257.7requirement temporarily falls below the minimum group size because of a group member's |
|---|
| 8388 | | - | 257.8temporary absence, the provider may conduct the session for the group members in |
|---|
| 8389 | | - | 257.9attendance; |
|---|
| 8390 | | - | 257.10 (3) crisis planning to a child and family must include development of a written plan that |
|---|
| 8391 | | - | 257.11anticipates the particular factors specific to the child that may precipitate a psychiatric crisis |
|---|
| 8392 | | - | 257.12for the child in the near future. The written plan must document actions that the family |
|---|
| 8393 | | - | 257.13should be prepared to take to resolve or stabilize a crisis, such as advance arrangements for |
|---|
| 8394 | | - | 257.14direct intervention and support services to the child and the child's family. Crisis planning |
|---|
| 8395 | | - | 257.15must include preparing resources designed to address abrupt or substantial changes in the |
|---|
| 8396 | | - | 257.16functioning of the child or the child's family when sudden change in behavior or a loss of |
|---|
| 8397 | | - | 257.17usual coping mechanisms is observed, or the child begins to present a danger to self or |
|---|
| 8398 | | - | 257.18others; |
|---|
| 8399 | | - | 257.19 (4) mental health behavioral aide services must be medically necessary treatment services, |
|---|
| 8400 | | - | 257.20identified in the child's individual treatment plan. |
|---|
| 8401 | | - | 257.21To be eligible for medical assistance payment, mental health behavioral aide services must |
|---|
| 8402 | | - | 257.22be delivered to a child who has been diagnosed with an emotional disturbance or a mental |
|---|
| 8403 | | - | 257.23illness, as provided in subdivision 1, paragraph (a). The mental health behavioral aide must |
|---|
| 8404 | | - | 257.24document the delivery of services in written progress notes. Progress notes must reflect |
|---|
| 8405 | | - | 257.25implementation of the treatment strategies, as performed by the mental health behavioral |
|---|
| 8406 | | - | 257.26aide and the child's responses to the treatment strategies; and |
|---|
| 8407 | | - | 257.27 (5) mental health service plan development must be performed in consultation with the |
|---|
| 8408 | | - | 257.28child's family and, when appropriate, with other key participants in the child's life by the |
|---|
| 8409 | | - | 257.29child's treating mental health professional or clinical trainee or by a mental health practitioner |
|---|
| 8410 | | - | 257.30and approved by the treating mental health professional. Treatment plan drafting consists |
|---|
| 8411 | | - | 257.31of development, review, and revision by face-to-face or electronic communication. The |
|---|
| 8412 | | - | 257.32provider must document events, including the time spent with the family and other key |
|---|
| 8413 | | - | 257.33participants in the child's life to approve the individual treatment plan. Medical assistance |
|---|
| 8414 | | - | 257.34covers service plan development before completion of the child's individual treatment plan. |
|---|
| 8415 | | - | 257Article 8 Sec. 62. |
|---|
| 8416 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 258.1Service plan development is covered only if a treatment plan is completed for the child. If |
|---|
| 8417 | | - | 258.2upon review it is determined that a treatment plan was not completed for the child, the |
|---|
| 8418 | | - | 258.3commissioner shall recover the payment for the service plan development. |
|---|
| 8419 | | - | 258.4Sec. 63. Minnesota Statutes 2024, section 256B.0943, subdivision 12, is amended to read: |
|---|
| 8420 | | - | 258.5 Subd. 12.Excluded services.The following services are not eligible for medical |
|---|
| 8421 | | - | 258.6assistance payment as children's therapeutic services and supports: |
|---|
| 8422 | | - | 258.7 (1) service components of children's therapeutic services and supports simultaneously |
|---|
| 8423 | | - | 258.8provided by more than one provider entity unless prior authorization is obtained; |
|---|
| 8424 | | - | 258.9 (2) treatment by multiple providers within the same agency at the same clock time, |
|---|
| 8425 | | - | 258.10unless one service is delivered to the child and the other service is delivered to the child's |
|---|
| 8426 | | - | 258.11family or treatment team without the child present; |
|---|
| 8427 | | - | 258.12 (3) children's therapeutic services and supports provided in violation of medical assistance |
|---|
| 8428 | | - | 258.13policy in Minnesota Rules, part 9505.0220; |
|---|
| 8429 | | - | 258.14 (4) mental health behavioral aide services provided by a personal care assistant who is |
|---|
| 8430 | | - | 258.15not qualified as a mental health behavioral aide and employed by a certified children's |
|---|
| 8431 | | - | 258.16therapeutic services and supports provider entity; |
|---|
| 8432 | | - | 258.17 (5) service components of CTSS that are the responsibility of a residential or program |
|---|
| 8433 | | - | 258.18license holder, including foster care providers under the terms of a service agreement or |
|---|
| 8434 | | - | 258.19administrative rules governing licensure; and |
|---|
| 8435 | | - | 258.20 (6) adjunctive activities that may be offered by a provider entity but are not otherwise |
|---|
| 8436 | | - | 258.21covered by medical assistance, including: |
|---|
| 8437 | | - | 258.22 (i) a service that is primarily recreation oriented or that is provided in a setting that is |
|---|
| 8438 | | - | 258.23not medically supervised. This includes sports activities, exercise groups, activities such as |
|---|
| 8439 | | - | 258.24craft hours, leisure time, social hours, meal or snack time, trips to community activities, |
|---|
| 8440 | | - | 258.25and tours; |
|---|
| 8441 | | - | 258.26 (ii) a social or educational service that does not have or cannot reasonably be expected |
|---|
| 8442 | | - | 258.27to have a therapeutic outcome related to the client's emotional disturbance mental illness; |
|---|
| 8443 | | - | 258.28 (iii) prevention or education programs provided to the community; and |
|---|
| 8444 | | - | 258.29 (iv) treatment for clients with primary diagnoses of alcohol or other drug abuse. |
|---|
| 8445 | | - | 258Article 8 Sec. 63. |
|---|
| 8446 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 259.1Sec. 64. Minnesota Statutes 2024, section 256B.0943, subdivision 13, is amended to read: |
|---|
| 8447 | | - | 259.2 Subd. 13.Exception to excluded services.Notwithstanding subdivision 12, up to 15 |
|---|
| 8448 | | - | 259.3hours of children's therapeutic services and supports provided within a six-month period to |
|---|
| 8449 | | - | 259.4a child with severe emotional disturbance serious mental illness who is residing in a hospital; |
|---|
| 8450 | | - | 259.5a residential treatment facility licensed under Minnesota Rules, parts 2960.0580 to 2960.0690; |
|---|
| 8451 | | - | 259.6a psychiatric residential treatment facility under section 256B.0625, subdivision 45a; a |
|---|
| 8452 | | - | 259.7regional treatment center; or other institutional group setting or who is participating in a |
|---|
| 8453 | | - | 259.8program of partial hospitalization are eligible for medical assistance payment if part of the |
|---|
| 8454 | | - | 259.9discharge plan. |
|---|
| 8455 | | - | 259.10Sec. 65. Minnesota Statutes 2024, section 256B.0945, subdivision 1, is amended to read: |
|---|
| 8456 | | - | 259.11 Subdivision 1.Residential services; provider qualifications.(a) Counties must arrange |
|---|
| 8457 | | - | 259.12to provide residential services for children with severe emotional disturbance serious mental |
|---|
| 8458 | | - | 259.13illness according to sections 245.4882, 245.4885, and this section. |
|---|
| 8459 | | - | 259.14 (b) Services must be provided by a facility that is licensed according to section 245.4882 |
|---|
| 8460 | | - | 259.15and administrative rules promulgated thereunder, and under contract with the county. |
|---|
| 8461 | | - | 259.16 (c) Eligible service costs may be claimed for a facility that is located in a state that |
|---|
| 8462 | | - | 259.17borders Minnesota if: |
|---|
| 8463 | | - | 259.18 (1) the facility is the closest facility to the child's home, providing the appropriate level |
|---|
| 8464 | | - | 259.19of care; and |
|---|
| 8465 | | - | 259.20 (2) the commissioner of human services has completed an inspection of the out-of-state |
|---|
| 8466 | | - | 259.21program according to the interagency agreement with the commissioner of corrections under |
|---|
| 8467 | | - | 259.22section 260B.198, subdivision 11, paragraph (b), and the program has been certified by the |
|---|
| 8468 | | - | 259.23commissioner of corrections under section 260B.198, subdivision 11, paragraph (a), to |
|---|
| 8469 | | - | 259.24substantially meet the standards applicable to children's residential mental health treatment |
|---|
| 8470 | | - | 259.25programs under Minnesota Rules, chapter 2960. Nothing in this section requires the |
|---|
| 8471 | | - | 259.26commissioner of human services to enforce the background study requirements under chapter |
|---|
| 8472 | | - | 259.27245C or the requirements related to prevention and investigation of alleged maltreatment |
|---|
| 8473 | | - | 259.28under section 626.557 or chapter 260E. Complaints received by the commissioner of human |
|---|
| 8474 | | - | 259.29services must be referred to the out-of-state licensing authority for possible follow-up. |
|---|
| 8475 | | - | 259.30 (d) Notwithstanding paragraph (b), eligible service costs may be claimed for an |
|---|
| 8476 | | - | 259.31out-of-state inpatient treatment facility if: |
|---|
| 8477 | | - | 259.32 (1) the facility specializes in providing mental health services to children who are deaf, |
|---|
| 8478 | | - | 259.33deafblind, or hard-of-hearing and who use American Sign Language as their first language; |
|---|
| 8479 | | - | 259Article 8 Sec. 65. |
|---|
| 8480 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 260.1 (2) the facility is licensed by the state in which it is located; and |
|---|
| 8481 | | - | 260.2 (3) the state in which the facility is located is a member state of the Interstate Compact |
|---|
| 8482 | | - | 260.3on Mental Health. |
|---|
| 8483 | | - | 260.4Sec. 66. Minnesota Statutes 2024, section 256B.0946, subdivision 6, is amended to read: |
|---|
| 8484 | | - | 260.5 Subd. 6.Excluded services.(a) Services in clauses (1) to (7) are not covered under this |
|---|
| 8485 | | - | 260.6section and are not eligible for medical assistance payment as components of children's |
|---|
| 8486 | | - | 260.7intensive behavioral health services, but may be billed separately: |
|---|
| 8487 | | - | 260.8 (1) inpatient psychiatric hospital treatment; |
|---|
| 8488 | | - | 260.9 (2) mental health targeted case management; |
|---|
| 8489 | | - | 260.10 (3) partial hospitalization; |
|---|
| 8490 | | - | 260.11 (4) medication management; |
|---|
| 8491 | | - | 260.12 (5) children's mental health day treatment services; |
|---|
| 8492 | | - | 260.13 (6) crisis response services under section 256B.0624; |
|---|
| 8493 | | - | 260.14 (7) transportation; and |
|---|
| 8494 | | - | 260.15 (8) mental health certified family peer specialist services under section 256B.0616. |
|---|
| 8495 | | - | 260.16 (b) Children receiving intensive behavioral health services are not eligible for medical |
|---|
| 8496 | | - | 260.17assistance reimbursement for the following services while receiving children's intensive |
|---|
| 8497 | | - | 260.18behavioral health services: |
|---|
| 8498 | | - | 260.19 (1) psychotherapy and skills training components of children's therapeutic services and |
|---|
| 8499 | | - | 260.20supports under section 256B.0943; |
|---|
| 8500 | | - | 260.21 (2) mental health behavioral aide services as defined in section 256B.0943, subdivision |
|---|
| 8501 | | - | 260.221, paragraph (l) (j); |
|---|
| 8502 | | - | 260.23 (3) home and community-based waiver services; |
|---|
| 8503 | | - | 260.24 (4) mental health residential treatment; and |
|---|
| 8504 | | - | 260.25 (5) medical assistance room and board rate, as defined in section 256B.056, subdivision |
|---|
| 8505 | | - | 260.265d. |
|---|
| 8506 | | - | 260Article 8 Sec. 66. |
|---|
| 8507 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 261.1Sec. 67. Minnesota Statutes 2024, section 256B.0947, subdivision 3a, is amended to read: |
|---|
| 8508 | | - | 261.2 Subd. 3a.Required service components.(a) Intensive nonresidential rehabilitative |
|---|
| 8509 | | - | 261.3mental health services, supports, and ancillary activities that are covered by a single daily |
|---|
| 8510 | | - | 261.4rate per client must include the following, as needed by the individual client: |
|---|
| 8511 | | - | 261.5 (1) individual, family, and group psychotherapy; |
|---|
| 8512 | | - | 261.6 (2) individual, family, and group skills training, as defined in section 256B.0943, |
|---|
| 8513 | | - | 261.7subdivision 1, paragraph (u) (r); |
|---|
| 8514 | | - | 261.8 (3) crisis planning as defined in section 245.4871, subdivision 9a; |
|---|
| 8515 | | - | 261.9 (4) medication management provided by a physician, an advanced practice registered |
|---|
| 8516 | | - | 261.10nurse with certification in psychiatric and mental health care, or a physician assistant; |
|---|
| 8517 | | - | 261.11 (5) mental health case management as provided in section 256B.0625, subdivision 20; |
|---|
| 8518 | | - | 261.12 (6) medication education services as defined in this section; |
|---|
| 8519 | | - | 261.13 (7) care coordination by a client-specific lead worker assigned by and responsible to the |
|---|
| 8520 | | - | 261.14treatment team; |
|---|
| 8521 | | - | 261.15 (8) psychoeducation of and consultation and coordination with the client's biological, |
|---|
| 8522 | | - | 261.16adoptive, or foster family and, in the case of a youth living independently, the client's |
|---|
| 8523 | | - | 261.17immediate nonfamilial support network; |
|---|
| 8524 | | - | 261.18 (9) clinical consultation to a client's employer or school or to other service agencies or |
|---|
| 8525 | | - | 261.19to the courts to assist in managing the mental illness or co-occurring disorder and to develop |
|---|
| 8526 | | - | 261.20client support systems; |
|---|
| 8527 | | - | 261.21 (10) coordination with, or performance of, crisis intervention and stabilization services |
|---|
| 8528 | | - | 261.22as defined in section 256B.0624; |
|---|
| 8529 | | - | 261.23 (11) transition services; |
|---|
| 8530 | | - | 261.24 (12) co-occurring substance use disorder treatment as defined in section 245I.02, |
|---|
| 8531 | | - | 261.25subdivision 11; and |
|---|
| 8532 | | - | 261.26 (13) housing access support that assists clients to find, obtain, retain, and move to safe |
|---|
| 8533 | | - | 261.27and adequate housing. Housing access support does not provide monetary assistance for |
|---|
| 8534 | | - | 261.28rent, damage deposits, or application fees. |
|---|
| 8535 | | - | 261.29 (b) The provider shall ensure and document the following by means of performing the |
|---|
| 8536 | | - | 261.30required function or by contracting with a qualified person or entity: client access to crisis |
|---|
| 8537 | | - | 261Article 8 Sec. 67. |
|---|
| 8538 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 262.1intervention services, as defined in section 256B.0624, and available 24 hours per day and |
|---|
| 8539 | | - | 262.2seven days per week. |
|---|
| 8540 | | - | 262.3Sec. 68. Minnesota Statutes 2024, section 256B.69, subdivision 23, is amended to read: |
|---|
| 8541 | | - | 262.4 Subd. 23.Alternative services; elderly persons and persons with a disability.(a) The |
|---|
| 8542 | | - | 262.5commissioner may implement demonstration projects to create alternative integrated delivery |
|---|
| 8543 | | - | 262.6systems for acute and long-term care services to elderly persons and persons with disabilities |
|---|
| 8544 | | - | 262.7as defined in section 256B.77, subdivision 7a, that provide increased coordination, improve |
|---|
| 8545 | | - | 262.8access to quality services, and mitigate future cost increases. The commissioner may seek |
|---|
| 8546 | | - | 262.9federal authority to combine Medicare and Medicaid capitation payments for the purpose |
|---|
| 8547 | | - | 262.10of such demonstrations and may contract with Medicare-approved special needs plans that |
|---|
| 8548 | | - | 262.11are offered by a demonstration provider or by an entity that is directly or indirectly wholly |
|---|
| 8549 | | - | 262.12owned or controlled by a demonstration provider to provide Medicaid services. Medicare |
|---|
| 8550 | | - | 262.13funds and services shall be administered according to the terms and conditions of the federal |
|---|
| 8551 | | - | 262.14contract and demonstration provisions. For the purpose of administering medical assistance |
|---|
| 8552 | | - | 262.15funds, demonstrations under this subdivision are subject to subdivisions 1 to 22. The |
|---|
| 8553 | | - | 262.16provisions of Minnesota Rules, parts 9500.1450 to 9500.1464, apply to these demonstrations, |
|---|
| 8554 | | - | 262.17with the exceptions of parts 9500.1452, subpart 2, item B; and 9500.1457, subpart 1, items |
|---|
| 8555 | | - | 262.18B and C, which do not apply to persons enrolling in demonstrations under this section. All |
|---|
| 8556 | | - | 262.19enforcement and rulemaking powers available under chapters 62D, 62M, and 62Q are hereby |
|---|
| 8557 | | - | 262.20granted to the commissioner of health with respect to Medicare-approved special needs |
|---|
| 8558 | | - | 262.21plans with which the commissioner contracts to provide Medicaid services under this section. |
|---|
| 8559 | | - | 262.22An initial open enrollment period may be provided. Persons who disenroll from |
|---|
| 8560 | | - | 262.23demonstrations under this subdivision remain subject to Minnesota Rules, parts 9500.1450 |
|---|
| 8561 | | - | 262.24to 9500.1464. When a person is enrolled in a health plan under these demonstrations and |
|---|
| 8562 | | - | 262.25the health plan's participation is subsequently terminated for any reason, the person shall |
|---|
| 8563 | | - | 262.26be provided an opportunity to select a new health plan and shall have the right to change |
|---|
| 8564 | | - | 262.27health plans within the first 60 days of enrollment in the second health plan. Persons required |
|---|
| 8565 | | - | 262.28to participate in health plans under this section who fail to make a choice of health plan |
|---|
| 8566 | | - | 262.29shall not be randomly assigned to health plans under these demonstrations. Notwithstanding |
|---|
| 8567 | | - | 262.30section 256L.12, subdivision 5, and Minnesota Rules, part 9505.5220, subpart 1, item A, |
|---|
| 8568 | | - | 262.31if adopted, for the purpose of demonstrations under this subdivision, the commissioner may |
|---|
| 8569 | | - | 262.32contract with managed care organizations, including counties, to serve only elderly persons |
|---|
| 8570 | | - | 262.33eligible for medical assistance, elderly persons with a disability, or persons with a disability |
|---|
| 8571 | | - | 262.34only. For persons with a primary diagnosis of developmental disability, serious and persistent |
|---|
| 8572 | | - | 262.35mental illness, or serious emotional disturbance mental illness in children, the commissioner |
|---|
| 8573 | | - | 262Article 8 Sec. 68. |
|---|
| 8574 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 263.1must ensure that the county authority has approved the demonstration and contracting design. |
|---|
| 8575 | | - | 263.2Enrollment in these projects for persons with disabilities shall be voluntary. The |
|---|
| 8576 | | - | 263.3commissioner shall not implement any demonstration project under this subdivision for |
|---|
| 8577 | | - | 263.4persons with a primary diagnosis of developmental disabilities, serious and persistent mental |
|---|
| 8578 | | - | 263.5illness, or serious emotional disturbance, mental illness in children without approval of the |
|---|
| 8579 | | - | 263.6county board of the county in which the demonstration is being implemented. |
|---|
| 8580 | | - | 263.7 (b) MS 2009 Supplement [Expired, 2003 c 47 s 4; 2007 c 147 art 7 s 60] |
|---|
| 8581 | | - | 263.8 (c) Before implementation of a demonstration project for persons with a disability, the |
|---|
| 8582 | | - | 263.9commissioner must provide information to appropriate committees of the house of |
|---|
| 8583 | | - | 263.10representatives and senate and must involve representatives of affected disability groups in |
|---|
| 8584 | | - | 263.11the design of the demonstration projects. |
|---|
| 8585 | | - | 263.12 (d) A nursing facility reimbursed under the alternative reimbursement methodology in |
|---|
| 8586 | | - | 263.13section 256B.434 may, in collaboration with a hospital, clinic, or other health care entity |
|---|
| 8587 | | - | 263.14provide services under paragraph (a). The commissioner shall amend the state plan and seek |
|---|
| 8588 | | - | 263.15any federal waivers necessary to implement this paragraph. |
|---|
| 8589 | | - | 263.16 (e) The commissioner, in consultation with the commissioners of commerce and health, |
|---|
| 8590 | | - | 263.17may approve and implement programs for all-inclusive care for the elderly (PACE) according |
|---|
| 8591 | | - | 263.18to federal laws and regulations governing that program and state laws or rules applicable |
|---|
| 8592 | | - | 263.19to participating providers. A PACE provider is not required to be licensed or certified as a |
|---|
| 8593 | | - | 263.20health plan company as defined in section 62Q.01, subdivision 4. Persons age 55 and older |
|---|
| 8594 | | - | 263.21who have been screened by the county and found to be eligible for services under the elderly |
|---|
| 8595 | | - | 263.22waiver or community access for disability inclusion or who are already eligible for Medicaid |
|---|
| 8596 | | - | 263.23but meet level of care criteria for receipt of waiver services may choose to enroll in the |
|---|
| 8597 | | - | 263.24PACE program. Medicare and Medicaid services will be provided according to this |
|---|
| 8598 | | - | 263.25subdivision and federal Medicare and Medicaid requirements governing PACE providers |
|---|
| 8599 | | - | 263.26and programs. PACE enrollees will receive Medicaid home and community-based services |
|---|
| 8600 | | - | 263.27through the PACE provider as an alternative to services for which they would otherwise be |
|---|
| 8601 | | - | 263.28eligible through home and community-based waiver programs and Medicaid State Plan |
|---|
| 8602 | | - | 263.29Services. The commissioner shall establish Medicaid rates for PACE providers that do not |
|---|
| 8603 | | - | 263.30exceed costs that would have been incurred under fee-for-service or other relevant managed |
|---|
| 8604 | | - | 263.31care programs operated by the state. |
|---|
| 8605 | | - | 263.32 (f) The commissioner shall seek federal approval to expand the Minnesota disability |
|---|
| 8606 | | - | 263.33health options (MnDHO) program established under this subdivision in stages, first to |
|---|
| 8607 | | - | 263.34regional population centers outside the seven-county metro area and then to all areas of the |
|---|
| 8608 | | - | 263Article 8 Sec. 68. |
|---|
| 8609 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 264.1state. Until July 1, 2009, expansion for MnDHO projects that include home and |
|---|
| 8610 | | - | 264.2community-based services is limited to the two projects and service areas in effect on March |
|---|
| 8611 | | - | 264.31, 2006. Enrollment in integrated MnDHO programs that include home and community-based |
|---|
| 8612 | | - | 264.4services shall remain voluntary. Costs for home and community-based services included |
|---|
| 8613 | | - | 264.5under MnDHO must not exceed costs that would have been incurred under the fee-for-service |
|---|
| 8614 | | - | 264.6program. Notwithstanding whether expansion occurs under this paragraph, in determining |
|---|
| 8615 | | - | 264.7MnDHO payment rates and risk adjustment methods, the commissioner must consider the |
|---|
| 8616 | | - | 264.8methods used to determine county allocations for home and community-based program |
|---|
| 8617 | | - | 264.9participants. If necessary to reduce MnDHO rates to comply with the provision regarding |
|---|
| 8618 | | - | 264.10MnDHO costs for home and community-based services, the commissioner shall achieve |
|---|
| 8619 | | - | 264.11the reduction by maintaining the base rate for contract year 2010 for services provided under |
|---|
| 8620 | | - | 264.12the community access for disability inclusion waiver at the same level as for contract year |
|---|
| 8621 | | - | 264.132009. The commissioner may apply other reductions to MnDHO rates to implement decreases |
|---|
| 8622 | | - | 264.14in provider payment rates required by state law. Effective January 1, 2011, enrollment and |
|---|
| 8623 | | - | 264.15operation of the MnDHO program in effect during 2010 shall cease. The commissioner may |
|---|
| 8624 | | - | 264.16reopen the program provided all applicable conditions of this section are met. In developing |
|---|
| 8625 | | - | 264.17program specifications for expansion of integrated programs, the commissioner shall involve |
|---|
| 8626 | | - | 264.18and consult the state-level stakeholder group established in subdivision 28, paragraph (d), |
|---|
| 8627 | | - | 264.19including consultation on whether and how to include home and community-based waiver |
|---|
| 8628 | | - | 264.20programs. Plans to reopen MnDHO projects shall be presented to the chairs of the house of |
|---|
| 8629 | | - | 264.21representatives and senate committees with jurisdiction over health and human services |
|---|
| 8630 | | - | 264.22policy and finance prior to implementation. |
|---|
| 8631 | | - | 264.23 (g) Notwithstanding section 256B.0621, health plans providing services under this section |
|---|
| 8632 | | - | 264.24are responsible for home care targeted case management and relocation targeted case |
|---|
| 8633 | | - | 264.25management. Services must be provided according to the terms of the waivers and contracts |
|---|
| 8634 | | - | 264.26approved by the federal government. |
|---|
| 8635 | | - | 264.27Sec. 69. Minnesota Statutes 2024, section 256B.77, subdivision 7a, is amended to read: |
|---|
| 8636 | | - | 264.28 Subd. 7a.Eligible individuals.(a) Persons are eligible for the demonstration project as |
|---|
| 8637 | | - | 264.29provided in this subdivision. |
|---|
| 8638 | | - | 264.30 (b) "Eligible individuals" means those persons living in the demonstration site who are |
|---|
| 8639 | | - | 264.31eligible for medical assistance and are disabled based on a disability determination under |
|---|
| 8640 | | - | 264.32section 256B.055, subdivisions 7 and 12, or who are eligible for medical assistance and |
|---|
| 8641 | | - | 264.33have been diagnosed as having: |
|---|
| 8642 | | - | 264.34 (1) serious and persistent mental illness as defined in section 245.462, subdivision 20; |
|---|
| 8643 | | - | 264Article 8 Sec. 69. |
|---|
| 8644 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 265.1 (2) severe emotional disturbance serious mental illness as defined in section 245.4871, |
|---|
| 8645 | | - | 265.2subdivision 6; or |
|---|
| 8646 | | - | 265.3 (3) developmental disability, or being a person with a developmental disability as defined |
|---|
| 8647 | | - | 265.4in section 252A.02, or a related condition as defined in section 256B.02, subdivision 11. |
|---|
| 8648 | | - | 265.5Other individuals may be included at the option of the county authority based on agreement |
|---|
| 8649 | | - | 265.6with the commissioner. |
|---|
| 8650 | | - | 265.7 (c) Eligible individuals include individuals in excluded time status, as defined in chapter |
|---|
| 8651 | | - | 265.8256G. Enrollees in excluded time at the time of enrollment shall remain in excluded time |
|---|
| 8652 | | - | 265.9status as long as they live in the demonstration site and shall be eligible for 90 days after |
|---|
| 8653 | | - | 265.10placement outside the demonstration site if they move to excluded time status in a county |
|---|
| 8654 | | - | 265.11within Minnesota other than their county of financial responsibility. |
|---|
| 8655 | | - | 265.12 (d) A person who is a sexual psychopathic personality as defined in section 253D.02, |
|---|
| 8656 | | - | 265.13subdivision 15, or a sexually dangerous person as defined in section 253D.02, subdivision |
|---|
| 8657 | | - | 265.1416, is excluded from enrollment in the demonstration project. |
|---|
| 8658 | | - | 265.15Sec. 70. Minnesota Statutes 2024, section 260B.157, subdivision 3, is amended to read: |
|---|
| 8659 | | - | 265.16 Subd. 3.Juvenile treatment screening team.(a) The local social services agency shall |
|---|
| 8660 | | - | 265.17establish a juvenile treatment screening team to conduct screenings and prepare case plans |
|---|
| 8661 | | - | 265.18under this subdivision. The team, which may be the team constituted under section 245.4885 |
|---|
| 8662 | | - | 265.19or 256B.092 or chapter 254B, shall consist of social workers, juvenile justice professionals, |
|---|
| 8663 | | - | 265.20and persons with expertise in the treatment of juveniles who are emotionally disabled, |
|---|
| 8664 | | - | 265.21chemically dependent, or have a developmental disability. The team shall involve parents |
|---|
| 8665 | | - | 265.22or guardians in the screening process as appropriate. The team may be the same team as |
|---|
| 8666 | | - | 265.23defined in section 260C.157, subdivision 3. |
|---|
| 8667 | | - | 265.24 (b) If the court, prior to, or as part of, a final disposition, proposes to place a child: |
|---|
| 8668 | | - | 265.25 (1) for the primary purpose of treatment for an emotional disturbance mental illness, |
|---|
| 8669 | | - | 265.26and residential placement is consistent with section 260.012, a developmental disability, or |
|---|
| 8670 | | - | 265.27chemical dependency in a residential treatment facility out of state or in one which is within |
|---|
| 8671 | | - | 265.28the state and licensed by the commissioner of human services under chapter 245A; or |
|---|
| 8672 | | - | 265.29 (2) in any out-of-home setting potentially exceeding 30 days in duration, including a |
|---|
| 8673 | | - | 265.30post-dispositional placement in a facility licensed by the commissioner of corrections or |
|---|
| 8674 | | - | 265.31human services, the court shall notify the county welfare agency. The county's juvenile |
|---|
| 8675 | | - | 265.32treatment screening team must either: |
|---|
| 8676 | | - | 265Article 8 Sec. 70. |
|---|
| 8677 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 266.1 (i) screen and evaluate the child and file its recommendations with the court within 14 |
|---|
| 8678 | | - | 266.2days of receipt of the notice; or |
|---|
| 8679 | | - | 266.3 (ii) elect not to screen a given case, and notify the court of that decision within three |
|---|
| 8680 | | - | 266.4working days. |
|---|
| 8681 | | - | 266.5 (c) If the screening team has elected to screen and evaluate the child, the child may not |
|---|
| 8682 | | - | 266.6be placed for the primary purpose of treatment for an emotional disturbance mental illness, |
|---|
| 8683 | | - | 266.7a developmental disability, or chemical dependency, in a residential treatment facility out |
|---|
| 8684 | | - | 266.8of state nor in a residential treatment facility within the state that is licensed under chapter |
|---|
| 8685 | | - | 266.9245A, unless one of the following conditions applies: |
|---|
| 8686 | | - | 266.10 (1) a treatment professional certifies that an emergency requires the placement of the |
|---|
| 8687 | | - | 266.11child in a facility within the state; |
|---|
| 8688 | | - | 266.12 (2) the screening team has evaluated the child and recommended that a residential |
|---|
| 8689 | | - | 266.13placement is necessary to meet the child's treatment needs and the safety needs of the |
|---|
| 8690 | | - | 266.14community, that it is a cost-effective means of meeting the treatment needs, and that it will |
|---|
| 8691 | | - | 266.15be of therapeutic value to the child; or |
|---|
| 8692 | | - | 266.16 (3) the court, having reviewed a screening team recommendation against placement, |
|---|
| 8693 | | - | 266.17determines to the contrary that a residential placement is necessary. The court shall state |
|---|
| 8694 | | - | 266.18the reasons for its determination in writing, on the record, and shall respond specifically to |
|---|
| 8695 | | - | 266.19the findings and recommendation of the screening team in explaining why the |
|---|
| 8696 | | - | 266.20recommendation was rejected. The attorney representing the child and the prosecuting |
|---|
| 8697 | | - | 266.21attorney shall be afforded an opportunity to be heard on the matter. |
|---|
| 8698 | | - | 266.22Sec. 71. Minnesota Statutes 2024, section 260C.007, subdivision 16, is amended to read: |
|---|
| 8699 | | - | 266.23 Subd. 16.Emotionally disturbed Mental illness."Emotionally disturbed Mental illness" |
|---|
| 8700 | | - | 266.24means emotional disturbance a mental illness as described in section 245.4871, subdivision |
|---|
| 8701 | | - | 266.2515. |
|---|
| 8702 | | - | 266.26Sec. 72. Minnesota Statutes 2024, section 260C.007, subdivision 26d, is amended to read: |
|---|
| 8703 | | - | 266.27 Subd. 26d.Qualified residential treatment program."Qualified residential treatment |
|---|
| 8704 | | - | 266.28program" means a children's residential treatment program licensed under chapter 245A or |
|---|
| 8705 | | - | 266.29licensed or approved by a tribe that is approved to receive foster care maintenance payments |
|---|
| 8706 | | - | 266.30under section 142A.418 that: |
|---|
| 8707 | | - | 266.31 (1) has a trauma-informed treatment model designed to address the needs of children |
|---|
| 8708 | | - | 266.32with serious emotional or behavioral disorders or disturbances or mental illnesses; |
|---|
| 8709 | | - | 266Article 8 Sec. 72. |
|---|
| 8710 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 267.1 (2) has registered or licensed nursing staff and other licensed clinical staff who: |
|---|
| 8711 | | - | 267.2 (i) provide care within the scope of their practice; and |
|---|
| 8712 | | - | 267.3 (ii) are available 24 hours per day and seven days per week; |
|---|
| 8713 | | - | 267.4 (3) is accredited by any of the following independent, nonprofit organizations: the |
|---|
| 8714 | | - | 267.5Commission on Accreditation of Rehabilitation Facilities (CARF), the Joint Commission |
|---|
| 8715 | | - | 267.6on Accreditation of Healthcare Organizations (JCAHO), and the Council on Accreditation |
|---|
| 8716 | | - | 267.7(COA), or any other nonprofit accrediting organization approved by the United States |
|---|
| 8717 | | - | 267.8Department of Health and Human Services; |
|---|
| 8718 | | - | 267.9 (4) if it is in the child's best interests, facilitates participation of the child's family members |
|---|
| 8719 | | - | 267.10in the child's treatment programming consistent with the child's out-of-home placement |
|---|
| 8720 | | - | 267.11plan under sections 260C.212, subdivision 1, and 260C.708; |
|---|
| 8721 | | - | 267.12 (5) facilitates outreach to family members of the child, including siblings; |
|---|
| 8722 | | - | 267.13 (6) documents how the facility facilitates outreach to the child's parents and relatives, |
|---|
| 8723 | | - | 267.14as well as documents the child's parents' and other relatives' contact information; |
|---|
| 8724 | | - | 267.15 (7) documents how the facility includes family members in the child's treatment process, |
|---|
| 8725 | | - | 267.16including after the child's discharge, and how the facility maintains the child's sibling |
|---|
| 8726 | | - | 267.17connections; and |
|---|
| 8727 | | - | 267.18 (8) provides the child and child's family with discharge planning and family-based |
|---|
| 8728 | | - | 267.19aftercare support for at least six months after the child's discharge. Aftercare support may |
|---|
| 8729 | | - | 267.20include clinical care consultation under section 256B.0671, subdivision 7, and mental health |
|---|
| 8730 | | - | 267.21certified family peer specialist services under section 256B.0616. |
|---|
| 8731 | | - | 267.22Sec. 73. Minnesota Statutes 2024, section 260C.007, subdivision 27b, is amended to read: |
|---|
| 8732 | | - | 267.23 Subd. 27b.Residential treatment facility."Residential treatment facility" means a |
|---|
| 8733 | | - | 267.2424-hour-a-day program that provides treatment for children with emotional disturbance |
|---|
| 8734 | | - | 267.25mental illness, consistent with section 245.4871, subdivision 32, and includes a licensed |
|---|
| 8735 | | - | 267.26residential program specializing in caring 24 hours a day for children with a developmental |
|---|
| 8736 | | - | 267.27delay or related condition. A residential treatment facility does not include a psychiatric |
|---|
| 8737 | | - | 267.28residential treatment facility under section 256B.0941 or a family foster home as defined |
|---|
| 8738 | | - | 267.29in section 260C.007, subdivision 16b. |
|---|
| 8739 | | - | 267Article 8 Sec. 73. |
|---|
| 8740 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 268.1Sec. 74. Minnesota Statutes 2024, section 260C.157, subdivision 3, is amended to read: |
|---|
| 8741 | | - | 268.2 Subd. 3.Juvenile treatment screening team.(a) The responsible social services agency |
|---|
| 8742 | | - | 268.3shall establish a juvenile treatment screening team to conduct screenings under this chapter |
|---|
| 8743 | | - | 268.4and chapter 260D, for a child to receive treatment for an emotional disturbance a mental |
|---|
| 8744 | | - | 268.5illness, a developmental disability, or related condition in a residential treatment facility |
|---|
| 8745 | | - | 268.6licensed by the commissioner of human services under chapter 245A, or licensed or approved |
|---|
| 8746 | | - | 268.7by a tribe. A screening team is not required for a child to be in: (1) a residential facility |
|---|
| 8747 | | - | 268.8specializing in prenatal, postpartum, or parenting support; (2) a facility specializing in |
|---|
| 8748 | | - | 268.9high-quality residential care and supportive services to children and youth who have been |
|---|
| 8749 | | - | 268.10or are at risk of becoming victims of sex trafficking or commercial sexual exploitation; (3) |
|---|
| 8750 | | - | 268.11supervised settings for youth who are 18 years of age or older and living independently; or |
|---|
| 8751 | | - | 268.12(4) a licensed residential family-based treatment facility for substance abuse consistent with |
|---|
| 8752 | | - | 268.13section 260C.190. Screenings are also not required when a child must be placed in a facility |
|---|
| 8753 | | - | 268.14due to an emotional crisis or other mental health emergency. |
|---|
| 8754 | | - | 268.15 (b) The responsible social services agency shall conduct screenings within 15 days of a |
|---|
| 8755 | | - | 268.16request for a screening, unless the screening is for the purpose of residential treatment and |
|---|
| 8756 | | - | 268.17the child is enrolled in a prepaid health program under section 256B.69, in which case the |
|---|
| 8757 | | - | 268.18agency shall conduct the screening within ten working days of a request. The responsible |
|---|
| 8758 | | - | 268.19social services agency shall convene the juvenile treatment screening team, which may be |
|---|
| 8759 | | - | 268.20constituted under section 245.4885, 254B.05, or 256B.092. The team shall consist of social |
|---|
| 8760 | | - | 268.21workers; persons with expertise in the treatment of juveniles who are emotionally disturbed, |
|---|
| 8761 | | - | 268.22chemically dependent, or have a developmental disability; and the child's parent, guardian, |
|---|
| 8762 | | - | 268.23or permanent legal custodian. The team may include the child's relatives as defined in section |
|---|
| 8763 | | - | 268.24260C.007, subdivisions 26b and 27, the child's foster care provider, and professionals who |
|---|
| 8764 | | - | 268.25are a resource to the child's family such as teachers, medical or mental health providers, |
|---|
| 8765 | | - | 268.26and clergy, as appropriate, consistent with the family and permanency team as defined in |
|---|
| 8766 | | - | 268.27section 260C.007, subdivision 16a. Prior to forming the team, the responsible social services |
|---|
| 8767 | | - | 268.28agency must consult with the child's parents, the child if the child is age 14 or older, and, |
|---|
| 8768 | | - | 268.29if applicable, the child's tribe to obtain recommendations regarding which individuals to |
|---|
| 8769 | | - | 268.30include on the team and to ensure that the team is family-centered and will act in the child's |
|---|
| 8770 | | - | 268.31best interests. If the child, child's parents, or legal guardians raise concerns about specific |
|---|
| 8771 | | - | 268.32relatives or professionals, the team should not include those individuals. This provision |
|---|
| 8772 | | - | 268.33does not apply to paragraph (c). |
|---|
| 8773 | | - | 268.34 (c) If the agency provides notice to tribes under section 260.761, and the child screened |
|---|
| 8774 | | - | 268.35is an Indian child, the responsible social services agency must make a rigorous and concerted |
|---|
| 8775 | | - | 268Article 8 Sec. 74. |
|---|
| 8776 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 269.1effort to include a designated representative of the Indian child's tribe on the juvenile |
|---|
| 8777 | | - | 269.2treatment screening team, unless the child's tribal authority declines to appoint a |
|---|
| 8778 | | - | 269.3representative. The Indian child's tribe may delegate its authority to represent the child to |
|---|
| 8779 | | - | 269.4any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12. |
|---|
| 8780 | | - | 269.5The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections |
|---|
| 8781 | | - | 269.61901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to |
|---|
| 8782 | | - | 269.7260.835, apply to this section. |
|---|
| 8783 | | - | 269.8 (d) If the court, prior to, or as part of, a final disposition or other court order, proposes |
|---|
| 8784 | | - | 269.9to place a child with an emotional disturbance or a mental illness, developmental disability, |
|---|
| 8785 | | - | 269.10or related condition in residential treatment, the responsible social services agency must |
|---|
| 8786 | | - | 269.11conduct a screening. If the team recommends treating the child in a qualified residential |
|---|
| 8787 | | - | 269.12treatment program, the agency must follow the requirements of sections 260C.70 to |
|---|
| 8788 | | - | 269.13260C.714. |
|---|
| 8789 | | - | 269.14 The court shall ascertain whether the child is an Indian child and shall notify the |
|---|
| 8790 | | - | 269.15responsible social services agency and, if the child is an Indian child, shall notify the Indian |
|---|
| 8791 | | - | 269.16child's tribe as paragraph (c) requires. |
|---|
| 8792 | | - | 269.17 (e) When the responsible social services agency is responsible for placing and caring |
|---|
| 8793 | | - | 269.18for the child and the screening team recommends placing a child in a qualified residential |
|---|
| 8794 | | - | 269.19treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1) |
|---|
| 8795 | | - | 269.20begin the assessment and processes required in section 260C.704 without delay; and (2) |
|---|
| 8796 | | - | 269.21conduct a relative search according to section 260C.221 to assemble the child's family and |
|---|
| 8797 | | - | 269.22permanency team under section 260C.706. Prior to notifying relatives regarding the family |
|---|
| 8798 | | - | 269.23and permanency team, the responsible social services agency must consult with the child's |
|---|
| 8799 | | - | 269.24parent or legal guardian, the child if the child is age 14 or older, and, if applicable, the child's |
|---|
| 8800 | | - | 269.25tribe to ensure that the agency is providing notice to individuals who will act in the child's |
|---|
| 8801 | | - | 269.26best interests. The child and the child's parents may identify a culturally competent qualified |
|---|
| 8802 | | - | 269.27individual to complete the child's assessment. The agency shall make efforts to refer the |
|---|
| 8803 | | - | 269.28assessment to the identified qualified individual. The assessment may not be delayed for |
|---|
| 8804 | | - | 269.29the purpose of having the assessment completed by a specific qualified individual. |
|---|
| 8805 | | - | 269.30 (f) When a screening team determines that a child does not need treatment in a qualified |
|---|
| 8806 | | - | 269.31residential treatment program, the screening team must: |
|---|
| 8807 | | - | 269.32 (1) document the services and supports that will prevent the child's foster care placement |
|---|
| 8808 | | - | 269.33and will support the child remaining at home; |
|---|
| 8809 | | - | 269Article 8 Sec. 74. |
|---|
| 8810 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 270.1 (2) document the services and supports that the agency will arrange to place the child |
|---|
| 8811 | | - | 270.2in a family foster home; or |
|---|
| 8812 | | - | 270.3 (3) document the services and supports that the agency has provided in any other setting. |
|---|
| 8813 | | - | 270.4 (g) When the Indian child's tribe or tribal health care services provider or Indian Health |
|---|
| 8814 | | - | 270.5Services provider proposes to place a child for the primary purpose of treatment for an |
|---|
| 8815 | | - | 270.6emotional disturbance a mental illness, a developmental disability, or co-occurring emotional |
|---|
| 8816 | | - | 270.7disturbance mental illness and chemical dependency, the Indian child's tribe or the tribe |
|---|
| 8817 | | - | 270.8delegated by the child's tribe shall submit necessary documentation to the county juvenile |
|---|
| 8818 | | - | 270.9treatment screening team, which must invite the Indian child's tribe to designate a |
|---|
| 8819 | | - | 270.10representative to the screening team. |
|---|
| 8820 | | - | 270.11 (h) The responsible social services agency must conduct and document the screening in |
|---|
| 8821 | | - | 270.12a format approved by the commissioner of human services. |
|---|
| 8822 | | - | 270.13Sec. 75. Minnesota Statutes 2024, section 260C.201, subdivision 1, is amended to read: |
|---|
| 8823 | | - | 270.14 Subdivision 1.Dispositions.(a) If the court finds that the child is in need of protection |
|---|
| 8824 | | - | 270.15or services or neglected and in foster care, the court shall enter an order making any of the |
|---|
| 8825 | | - | 270.16following dispositions of the case: |
|---|
| 8826 | | - | 270.17 (1) place the child under the protective supervision of the responsible social services |
|---|
| 8827 | | - | 270.18agency or child-placing agency in the home of a parent of the child under conditions |
|---|
| 8828 | | - | 270.19prescribed by the court directed to the correction of the child's need for protection or services: |
|---|
| 8829 | | - | 270.20 (i) the court may order the child into the home of a parent who does not otherwise have |
|---|
| 8830 | | - | 270.21legal custody of the child, however, an order under this section does not confer legal custody |
|---|
| 8831 | | - | 270.22on that parent; |
|---|
| 8832 | | - | 270.23 (ii) if the court orders the child into the home of a father who is not adjudicated, the |
|---|
| 8833 | | - | 270.24father must cooperate with paternity establishment proceedings regarding the child in the |
|---|
| 8834 | | - | 270.25appropriate jurisdiction as one of the conditions prescribed by the court for the child to |
|---|
| 8835 | | - | 270.26continue in the father's home; and |
|---|
| 8836 | | - | 270.27 (iii) the court may order the child into the home of a noncustodial parent with conditions |
|---|
| 8837 | | - | 270.28and may also order both the noncustodial and the custodial parent to comply with the |
|---|
| 8838 | | - | 270.29requirements of a case plan under subdivision 2; or |
|---|
| 8839 | | - | 270.30 (2) transfer legal custody to one of the following: |
|---|
| 8840 | | - | 270.31 (i) a child-placing agency; or |
|---|
| 8841 | | - | 270Article 8 Sec. 75. |
|---|
| 8842 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 271.1 (ii) the responsible social services agency. In making a foster care placement of a child |
|---|
| 8843 | | - | 271.2whose custody has been transferred under this subdivision, the agency shall make an |
|---|
| 8844 | | - | 271.3individualized determination of how the placement is in the child's best interests using the |
|---|
| 8845 | | - | 271.4placement consideration order for relatives and the best interest factors in section 260C.212, |
|---|
| 8846 | | - | 271.5subdivision 2, and may include a child colocated with a parent in a licensed residential |
|---|
| 8847 | | - | 271.6family-based substance use disorder treatment program under section 260C.190; or |
|---|
| 8848 | | - | 271.7 (3) order a trial home visit without modifying the transfer of legal custody to the |
|---|
| 8849 | | - | 271.8responsible social services agency under clause (2). Trial home visit means the child is |
|---|
| 8850 | | - | 271.9returned to the care of the parent or guardian from whom the child was removed for a period |
|---|
| 8851 | | - | 271.10not to exceed six months. During the period of the trial home visit, the responsible social |
|---|
| 8852 | | - | 271.11services agency: |
|---|
| 8853 | | - | 271.12 (i) shall continue to have legal custody of the child, which means that the agency may |
|---|
| 8854 | | - | 271.13see the child in the parent's home, at school, in a child care facility, or other setting as the |
|---|
| 8855 | | - | 271.14agency deems necessary and appropriate; |
|---|
| 8856 | | - | 271.15 (ii) shall continue to have the ability to access information under section 260C.208; |
|---|
| 8857 | | - | 271.16 (iii) shall continue to provide appropriate services to both the parent and the child during |
|---|
| 8858 | | - | 271.17the period of the trial home visit; |
|---|
| 8859 | | - | 271.18 (iv) without previous court order or authorization, may terminate the trial home visit in |
|---|
| 8860 | | - | 271.19order to protect the child's health, safety, or welfare and may remove the child to foster care; |
|---|
| 8861 | | - | 271.20 (v) shall advise the court and parties within three days of the termination of the trial |
|---|
| 8862 | | - | 271.21home visit when a visit is terminated by the responsible social services agency without a |
|---|
| 8863 | | - | 271.22court order; and |
|---|
| 8864 | | - | 271.23 (vi) shall prepare a report for the court when the trial home visit is terminated whether |
|---|
| 8865 | | - | 271.24by the agency or court order that describes the child's circumstances during the trial home |
|---|
| 8866 | | - | 271.25visit and recommends appropriate orders, if any, for the court to enter to provide for the |
|---|
| 8867 | | - | 271.26child's safety and stability. In the event a trial home visit is terminated by the agency by |
|---|
| 8868 | | - | 271.27removing the child to foster care without prior court order or authorization, the court shall |
|---|
| 8869 | | - | 271.28conduct a hearing within ten days of receiving notice of the termination of the trial home |
|---|
| 8870 | | - | 271.29visit by the agency and shall order disposition under this subdivision or commence |
|---|
| 8871 | | - | 271.30permanency proceedings under sections 260C.503 to 260C.515. The time period for the |
|---|
| 8872 | | - | 271.31hearing may be extended by the court for good cause shown and if it is in the best interests |
|---|
| 8873 | | - | 271.32of the child as long as the total time the child spends in foster care without a permanency |
|---|
| 8874 | | - | 271.33hearing does not exceed 12 months; |
|---|
| 8875 | | - | 271Article 8 Sec. 75. |
|---|
| 8876 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 272.1 (4) if the child has been adjudicated as a child in need of protection or services because |
|---|
| 8877 | | - | 272.2the child is in need of special services or care to treat or ameliorate a physical or mental |
|---|
| 8878 | | - | 272.3disability or emotional disturbance a mental illness as defined in section 245.4871, |
|---|
| 8879 | | - | 272.4subdivision 15, the court may order the child's parent, guardian, or custodian to provide it. |
|---|
| 8880 | | - | 272.5The court may order the child's health plan company to provide mental health services to |
|---|
| 8881 | | - | 272.6the child. Section 62Q.535 applies to an order for mental health services directed to the |
|---|
| 8882 | | - | 272.7child's health plan company. If the health plan, parent, guardian, or custodian fails or is |
|---|
| 8883 | | - | 272.8unable to provide this treatment or care, the court may order it provided. Absent specific |
|---|
| 8884 | | - | 272.9written findings by the court that the child's disability is the result of abuse or neglect by |
|---|
| 8885 | | - | 272.10the child's parent or guardian, the court shall not transfer legal custody of the child for the |
|---|
| 8886 | | - | 272.11purpose of obtaining special treatment or care solely because the parent is unable to provide |
|---|
| 8887 | | - | 272.12the treatment or care. If the court's order for mental health treatment is based on a diagnosis |
|---|
| 8888 | | - | 272.13made by a treatment professional, the court may order that the diagnosing professional not |
|---|
| 8889 | | - | 272.14provide the treatment to the child if it finds that such an order is in the child's best interests; |
|---|
| 8890 | | - | 272.15or |
|---|
| 8891 | | - | 272.16 (5) if the court believes that the child has sufficient maturity and judgment and that it is |
|---|
| 8892 | | - | 272.17in the best interests of the child, the court may order a child 16 years old or older to be |
|---|
| 8893 | | - | 272.18allowed to live independently, either alone or with others as approved by the court under |
|---|
| 8894 | | - | 272.19supervision the court considers appropriate, if the county board, after consultation with the |
|---|
| 8895 | | - | 272.20court, has specifically authorized this dispositional alternative for a child. |
|---|
| 8896 | | - | 272.21 (b) If the child was adjudicated in need of protection or services because the child is a |
|---|
| 8897 | | - | 272.22runaway or habitual truant, the court may order any of the following dispositions in addition |
|---|
| 8898 | | - | 272.23to or as alternatives to the dispositions authorized under paragraph (a): |
|---|
| 8899 | | - | 272.24 (1) counsel the child or the child's parents, guardian, or custodian; |
|---|
| 8900 | | - | 272.25 (2) place the child under the supervision of a probation officer or other suitable person |
|---|
| 8901 | | - | 272.26in the child's own home under conditions prescribed by the court, including reasonable rules |
|---|
| 8902 | | - | 272.27for the child's conduct and the conduct of the parents, guardian, or custodian, designed for |
|---|
| 8903 | | - | 272.28the physical, mental, and moral well-being and behavior of the child; |
|---|
| 8904 | | - | 272.29 (3) subject to the court's supervision, transfer legal custody of the child to one of the |
|---|
| 8905 | | - | 272.30following: |
|---|
| 8906 | | - | 272.31 (i) a reputable person of good moral character. No person may receive custody of two |
|---|
| 8907 | | - | 272.32or more unrelated children unless licensed to operate a residential program under sections |
|---|
| 8908 | | - | 272.33245A.01 to 245A.16; or |
|---|
| 8909 | | - | 272Article 8 Sec. 75. |
|---|
| 8910 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 273.1 (ii) a county probation officer for placement in a group foster home established under |
|---|
| 8911 | | - | 273.2the direction of the juvenile court and licensed pursuant to section 241.021; |
|---|
| 8912 | | - | 273.3 (4) require the child to pay a fine of up to $100. The court shall order payment of the |
|---|
| 8913 | | - | 273.4fine in a manner that will not impose undue financial hardship upon the child; |
|---|
| 8914 | | - | 273.5 (5) require the child to participate in a community service project; |
|---|
| 8915 | | - | 273.6 (6) order the child to undergo a chemical dependency evaluation and, if warranted by |
|---|
| 8916 | | - | 273.7the evaluation, order participation by the child in a drug awareness program or an inpatient |
|---|
| 8917 | | - | 273.8or outpatient chemical dependency treatment program; |
|---|
| 8918 | | - | 273.9 (7) if the court believes that it is in the best interests of the child or of public safety that |
|---|
| 8919 | | - | 273.10the child's driver's license or instruction permit be canceled, the court may order the |
|---|
| 8920 | | - | 273.11commissioner of public safety to cancel the child's license or permit for any period up to |
|---|
| 8921 | | - | 273.12the child's 18th birthday. If the child does not have a driver's license or permit, the court |
|---|
| 8922 | | - | 273.13may order a denial of driving privileges for any period up to the child's 18th birthday. The |
|---|
| 8923 | | - | 273.14court shall forward an order issued under this clause to the commissioner, who shall cancel |
|---|
| 8924 | | - | 273.15the license or permit or deny driving privileges without a hearing for the period specified |
|---|
| 8925 | | - | 273.16by the court. At any time before the expiration of the period of cancellation or denial, the |
|---|
| 8926 | | - | 273.17court may, for good cause, order the commissioner of public safety to allow the child to |
|---|
| 8927 | | - | 273.18apply for a license or permit, and the commissioner shall so authorize; |
|---|
| 8928 | | - | 273.19 (8) order that the child's parent or legal guardian deliver the child to school at the |
|---|
| 8929 | | - | 273.20beginning of each school day for a period of time specified by the court; or |
|---|
| 8930 | | - | 273.21 (9) require the child to perform any other activities or participate in any other treatment |
|---|
| 8931 | | - | 273.22programs deemed appropriate by the court. |
|---|
| 8932 | | - | 273.23 To the extent practicable, the court shall enter a disposition order the same day it makes |
|---|
| 8933 | | - | 273.24a finding that a child is in need of protection or services or neglected and in foster care, but |
|---|
| 8934 | | - | 273.25in no event more than 15 days after the finding unless the court finds that the best interests |
|---|
| 8935 | | - | 273.26of the child will be served by granting a delay. If the child was under eight years of age at |
|---|
| 8936 | | - | 273.27the time the petition was filed, the disposition order must be entered within ten days of the |
|---|
| 8937 | | - | 273.28finding and the court may not grant a delay unless good cause is shown and the court finds |
|---|
| 8938 | | - | 273.29the best interests of the child will be served by the delay. |
|---|
| 8939 | | - | 273.30 (c) If a child who is 14 years of age or older is adjudicated in need of protection or |
|---|
| 8940 | | - | 273.31services because the child is a habitual truant and truancy procedures involving the child |
|---|
| 8941 | | - | 273.32were previously dealt with by a school attendance review board or county attorney mediation |
|---|
| 8942 | | - | 273.33program under section 260A.06 or 260A.07, the court shall order a cancellation or denial |
|---|
| 8943 | | - | 273Article 8 Sec. 75. |
|---|
| 8944 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 274.1of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th |
|---|
| 8945 | | - | 274.2birthday. |
|---|
| 8946 | | - | 274.3 (d) In the case of a child adjudicated in need of protection or services because the child |
|---|
| 8947 | | - | 274.4has committed domestic abuse and been ordered excluded from the child's parent's home, |
|---|
| 8948 | | - | 274.5the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing |
|---|
| 8949 | | - | 274.6to provide an alternative safe living arrangement for the child as defined in paragraph (f). |
|---|
| 8950 | | - | 274.7 (e) When a parent has complied with a case plan ordered under subdivision 6 and the |
|---|
| 8951 | | - | 274.8child is in the care of the parent, the court may order the responsible social services agency |
|---|
| 8952 | | - | 274.9to monitor the parent's continued ability to maintain the child safely in the home under such |
|---|
| 8953 | | - | 274.10terms and conditions as the court determines appropriate under the circumstances. |
|---|
| 8954 | | - | 274.11 (f) For the purposes of this subdivision, "alternative safe living arrangement" means a |
|---|
| 8955 | | - | 274.12living arrangement for a child proposed by a petitioning parent or guardian if a court excludes |
|---|
| 8956 | | - | 274.13the minor from the parent's or guardian's home that is separate from the victim of domestic |
|---|
| 8957 | | - | 274.14abuse and safe for the child respondent. A living arrangement proposed by a petitioning |
|---|
| 8958 | | - | 274.15parent or guardian is presumed to be an alternative safe living arrangement absent information |
|---|
| 8959 | | - | 274.16to the contrary presented to the court. In evaluating any proposed living arrangement, the |
|---|
| 8960 | | - | 274.17court shall consider whether the arrangement provides the child with necessary food, clothing, |
|---|
| 8961 | | - | 274.18shelter, and education in a safe environment. Any proposed living arrangement that would |
|---|
| 8962 | | - | 274.19place the child in the care of an adult who has been physically or sexually violent is presumed |
|---|
| 8963 | | - | 274.20unsafe. |
|---|
| 8964 | | - | 274.21Sec. 76. Minnesota Statutes 2024, section 260C.201, subdivision 2, is amended to read: |
|---|
| 8965 | | - | 274.22 Subd. 2.Written findings.(a) Any order for a disposition authorized under this section |
|---|
| 8966 | | - | 274.23shall contain written findings of fact to support the disposition and case plan ordered and |
|---|
| 8967 | | - | 274.24shall also set forth in writing the following information: |
|---|
| 8968 | | - | 274.25 (1) why the best interests and safety of the child are served by the disposition and case |
|---|
| 8969 | | - | 274.26plan ordered; |
|---|
| 8970 | | - | 274.27 (2) what alternative dispositions or services under the case plan were considered by the |
|---|
| 8971 | | - | 274.28court and why such dispositions or services were not appropriate in the instant case; |
|---|
| 8972 | | - | 274.29 (3) when legal custody of the child is transferred, the appropriateness of the particular |
|---|
| 8973 | | - | 274.30placement made or to be made by the placing agency using the relative and sibling placement |
|---|
| 8974 | | - | 274.31considerations and best interest factors in section 260C.212, subdivision 2, or the |
|---|
| 8975 | | - | 274.32appropriateness of a child colocated with a parent in a licensed residential family-based |
|---|
| 8976 | | - | 274.33substance use disorder treatment program under section 260C.190; |
|---|
| 8977 | | - | 274Article 8 Sec. 76. |
|---|
| 8978 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 275.1 (4) whether reasonable efforts to finalize the permanent plan for the child consistent |
|---|
| 8979 | | - | 275.2with section 260.012 were made including reasonable efforts: |
|---|
| 8980 | | - | 275.3 (i) to prevent the child's placement and to reunify the child with the parent or guardian |
|---|
| 8981 | | - | 275.4from whom the child was removed at the earliest time consistent with the child's safety. |
|---|
| 8982 | | - | 275.5The court's findings must include a brief description of what preventive and reunification |
|---|
| 8983 | | - | 275.6efforts were made and why further efforts could not have prevented or eliminated the |
|---|
| 8984 | | - | 275.7necessity of removal or that reasonable efforts were not required under section 260.012 or |
|---|
| 8985 | | - | 275.8260C.178, subdivision 1; |
|---|
| 8986 | | - | 275.9 (ii) to identify and locate any noncustodial or nonresident parent of the child and to |
|---|
| 8987 | | - | 275.10assess such parent's ability to provide day-to-day care of the child, and, where appropriate, |
|---|
| 8988 | | - | 275.11provide services necessary to enable the noncustodial or nonresident parent to safely provide |
|---|
| 8989 | | - | 275.12day-to-day care of the child as required under section 260C.219, unless such services are |
|---|
| 8990 | | - | 275.13not required under section 260.012 or 260C.178, subdivision 1. The court's findings must |
|---|
| 8991 | | - | 275.14include a description of the agency's efforts to: |
|---|
| 8992 | | - | 275.15 (A) identify and locate the child's noncustodial or nonresident parent; |
|---|
| 8993 | | - | 275.16 (B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of |
|---|
| 8994 | | - | 275.17the child; and |
|---|
| 8995 | | - | 275.18 (C) if appropriate, provide services necessary to enable the noncustodial or nonresident |
|---|
| 8996 | | - | 275.19parent to safely provide the child's day-to-day care, including efforts to engage the |
|---|
| 8997 | | - | 275.20noncustodial or nonresident parent in assuming care and responsibility of the child; |
|---|
| 8998 | | - | 275.21 (iii) to make the diligent search for relatives and provide the notices required under |
|---|
| 8999 | | - | 275.22section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the |
|---|
| 9000 | | - | 275.23agency has made diligent efforts to conduct a relative search and has appropriately engaged |
|---|
| 9001 | | - | 275.24relatives who responded to the notice under section 260C.221 and other relatives, who came |
|---|
| 9002 | | - | 275.25to the attention of the agency after notice under section 260C.221 was sent, in placement |
|---|
| 9003 | | - | 275.26and case planning decisions fulfills the requirement of this item; |
|---|
| 9004 | | - | 275.27 (iv) to identify and make a foster care placement of the child, considering the order in |
|---|
| 9005 | | - | 275.28section 260C.212, subdivision 2, paragraph (a), in the home of an unlicensed relative, |
|---|
| 9006 | | - | 275.29according to the requirements of section 142B.06, a licensed relative, or other licensed foster |
|---|
| 9007 | | - | 275.30care provider, who will commit to being the permanent legal parent or custodian for the |
|---|
| 9008 | | - | 275.31child in the event reunification cannot occur, but who will actively support the reunification |
|---|
| 9009 | | - | 275.32plan for the child. If the court finds that the agency has not appropriately considered relatives |
|---|
| 9010 | | - | 275.33for placement of the child, the court shall order the agency to comply with section 260C.212, |
|---|
| 9011 | | - | 275Article 8 Sec. 76. |
|---|
| 9012 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 276.1subdivision 2, paragraph (a). The court may order the agency to continue considering |
|---|
| 9013 | | - | 276.2relatives for placement of the child regardless of the child's current placement setting; and |
|---|
| 9014 | | - | 276.3 (v) to place siblings together in the same home or to ensure visitation is occurring when |
|---|
| 9015 | | - | 276.4siblings are separated in foster care placement and visitation is in the siblings' best interests |
|---|
| 9016 | | - | 276.5under section 260C.212, subdivision 2, paragraph (d); and |
|---|
| 9017 | | - | 276.6 (5) if the child has been adjudicated as a child in need of protection or services because |
|---|
| 9018 | | - | 276.7the child is in need of special services or care to treat or ameliorate a mental disability or |
|---|
| 9019 | | - | 276.8emotional disturbance a mental illness as defined in section 245.4871, subdivision 15, the |
|---|
| 9020 | | - | 276.9written findings shall also set forth: |
|---|
| 9021 | | - | 276.10 (i) whether the child has mental health needs that must be addressed by the case plan; |
|---|
| 9022 | | - | 276.11 (ii) what consideration was given to the diagnostic and functional assessments performed |
|---|
| 9023 | | - | 276.12by the child's mental health professional and to health and mental health care professionals' |
|---|
| 9024 | | - | 276.13treatment recommendations; |
|---|
| 9025 | | - | 276.14 (iii) what consideration was given to the requests or preferences of the child's parent or |
|---|
| 9026 | | - | 276.15guardian with regard to the child's interventions, services, or treatment; and |
|---|
| 9027 | | - | 276.16 (iv) what consideration was given to the cultural appropriateness of the child's treatment |
|---|
| 9028 | | - | 276.17or services. |
|---|
| 9029 | | - | 276.18 (b) If the court finds that the social services agency's preventive or reunification efforts |
|---|
| 9030 | | - | 276.19have not been reasonable but that further preventive or reunification efforts could not permit |
|---|
| 9031 | | - | 276.20the child to safely remain at home, the court may nevertheless authorize or continue the |
|---|
| 9032 | | - | 276.21removal of the child. |
|---|
| 9033 | | - | 276.22 (c) If the child has been identified by the responsible social services agency as the subject |
|---|
| 9034 | | - | 276.23of concurrent permanency planning, the court shall review the reasonable efforts of the |
|---|
| 9035 | | - | 276.24agency to develop a permanency plan for the child that includes a primary plan that is for |
|---|
| 9036 | | - | 276.25reunification with the child's parent or guardian and a secondary plan that is for an alternative, |
|---|
| 9037 | | - | 276.26legally permanent home for the child in the event reunification cannot be achieved in a |
|---|
| 9038 | | - | 276.27timely manner. |
|---|
| 9039 | | - | 276.28Sec. 77. Minnesota Statutes 2024, section 260C.301, subdivision 4, is amended to read: |
|---|
| 9040 | | - | 276.29 Subd. 4.Current foster care children.Except for cases where the child is in placement |
|---|
| 9041 | | - | 276.30due solely to the child's developmental disability or emotional disturbance a mental illness, |
|---|
| 9042 | | - | 276.31where custody has not been transferred to the responsible social services agency, and where |
|---|
| 9043 | | - | 276.32the court finds compelling reasons to continue placement, the county attorney shall file a |
|---|
| 9044 | | - | 276Article 8 Sec. 77. |
|---|
| 9045 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 277.1termination of parental rights petition or a petition to transfer permanent legal and physical |
|---|
| 9046 | | - | 277.2custody to a relative under section 260C.515, subdivision 4, for all children who have been |
|---|
| 9047 | | - | 277.3in out-of-home care for 15 of the most recent 22 months. This requirement does not apply |
|---|
| 9048 | | - | 277.4if there is a compelling reason approved by the court for determining that filing a termination |
|---|
| 9049 | | - | 277.5of parental rights petition or other permanency petition would not be in the best interests |
|---|
| 9050 | | - | 277.6of the child or if the responsible social services agency has not provided reasonable efforts |
|---|
| 9051 | | - | 277.7necessary for the safe return of the child, if reasonable efforts are required. |
|---|
| 9052 | | - | 277.8Sec. 78. Minnesota Statutes 2024, section 260D.01, is amended to read: |
|---|
| 9053 | | - | 277.9 260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT. |
|---|
| 9054 | | - | 277.10 (a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for |
|---|
| 9055 | | - | 277.11treatment" provisions of the Juvenile Court Act. |
|---|
| 9056 | | - | 277.12 (b) The juvenile court has original and exclusive jurisdiction over a child in voluntary |
|---|
| 9057 | | - | 277.13foster care for treatment upon the filing of a report or petition required under this chapter. |
|---|
| 9058 | | - | 277.14All obligations of the responsible social services agency to a child and family in foster care |
|---|
| 9059 | | - | 277.15contained in chapter 260C not inconsistent with this chapter are also obligations of the |
|---|
| 9060 | | - | 277.16agency with regard to a child in foster care for treatment under this chapter. |
|---|
| 9061 | | - | 277.17 (c) This chapter shall be construed consistently with the mission of the children's mental |
|---|
| 9062 | | - | 277.18health service system as set out in section 245.487, subdivision 3, and the duties of an agency |
|---|
| 9063 | | - | 277.19under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016, |
|---|
| 9064 | | - | 277.20to meet the needs of a child with a developmental disability or related condition. This |
|---|
| 9065 | | - | 277.21chapter: |
|---|
| 9066 | | - | 277.22 (1) establishes voluntary foster care through a voluntary foster care agreement as the |
|---|
| 9067 | | - | 277.23means for an agency and a parent to provide needed treatment when the child must be in |
|---|
| 9068 | | - | 277.24foster care to receive necessary treatment for an emotional disturbance or a mental illness, |
|---|
| 9069 | | - | 277.25developmental disability, or related condition; |
|---|
| 9070 | | - | 277.26 (2) establishes court review requirements for a child in voluntary foster care for treatment |
|---|
| 9071 | | - | 277.27due to emotional disturbance or a mental illness, developmental disability, or a related |
|---|
| 9072 | | - | 277.28condition; |
|---|
| 9073 | | - | 277.29 (3) establishes the ongoing responsibility of the parent as legal custodian to visit the |
|---|
| 9074 | | - | 277.30child, to plan together with the agency for the child's treatment needs, to be available and |
|---|
| 9075 | | - | 277.31accessible to the agency to make treatment decisions, and to obtain necessary medical, |
|---|
| 9076 | | - | 277.32dental, and other care for the child; |
|---|
| 9077 | | - | 277Article 8 Sec. 78. |
|---|
| 9078 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 278.1 (4) applies to voluntary foster care when the child's parent and the agency agree that the |
|---|
| 9079 | | - | 278.2child's treatment needs require foster care either: |
|---|
| 9080 | | - | 278.3 (i) due to a level of care determination by the agency's screening team informed by the |
|---|
| 9081 | | - | 278.4child's diagnostic and functional assessment under section 245.4885; or |
|---|
| 9082 | | - | 278.5 (ii) due to a determination regarding the level of services needed by the child by the |
|---|
| 9083 | | - | 278.6responsible social services agency's screening team under section 256B.092, and Minnesota |
|---|
| 9084 | | - | 278.7Rules, parts 9525.0004 to 9525.0016; and |
|---|
| 9085 | | - | 278.8 (5) includes the requirements for a child's placement in sections 260C.70 to 260C.714, |
|---|
| 9086 | | - | 278.9when the juvenile treatment screening team recommends placing a child in a qualified |
|---|
| 9087 | | - | 278.10residential treatment program, except as modified by this chapter. |
|---|
| 9088 | | - | 278.11 (d) This chapter does not apply when there is a current determination under chapter |
|---|
| 9089 | | - | 278.12260E that the child requires child protective services or when the child is in foster care for |
|---|
| 9090 | | - | 278.13any reason other than treatment for the child's emotional disturbance or mental illness, |
|---|
| 9091 | | - | 278.14developmental disability, or related condition. When there is a determination under chapter |
|---|
| 9092 | | - | 278.15260E that the child requires child protective services based on an assessment that there are |
|---|
| 9093 | | - | 278.16safety and risk issues for the child that have not been mitigated through the parent's |
|---|
| 9094 | | - | 278.17engagement in services or otherwise, or when the child is in foster care for any reason other |
|---|
| 9095 | | - | 278.18than the child's emotional disturbance or mental illness, developmental disability, or related |
|---|
| 9096 | | - | 278.19condition, the provisions of chapter 260C apply. |
|---|
| 9097 | | - | 278.20 (e) The paramount consideration in all proceedings concerning a child in voluntary foster |
|---|
| 9098 | | - | 278.21care for treatment is the safety, health, and the best interests of the child. The purpose of |
|---|
| 9099 | | - | 278.22this chapter is: |
|---|
| 9100 | | - | 278.23 (1) to ensure that a child with a disability is provided the services necessary to treat or |
|---|
| 9101 | | - | 278.24ameliorate the symptoms of the child's disability; |
|---|
| 9102 | | - | 278.25 (2) to preserve and strengthen the child's family ties whenever possible and in the child's |
|---|
| 9103 | | - | 278.26best interests, approving the child's placement away from the child's parents only when the |
|---|
| 9104 | | - | 278.27child's need for care or treatment requires out-of-home placement and the child cannot be |
|---|
| 9105 | | - | 278.28maintained in the home of the parent; and |
|---|
| 9106 | | - | 278.29 (3) to ensure that the child's parent retains legal custody of the child and associated |
|---|
| 9107 | | - | 278.30decision-making authority unless the child's parent willfully fails or is unable to make |
|---|
| 9108 | | - | 278.31decisions that meet the child's safety, health, and best interests. The court may not find that |
|---|
| 9109 | | - | 278.32the parent willfully fails or is unable to make decisions that meet the child's needs solely |
|---|
| 9110 | | - | 278.33because the parent disagrees with the agency's choice of foster care facility, unless the |
|---|
| 9111 | | - | 278Article 8 Sec. 78. |
|---|
| 9112 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 279.1agency files a petition under chapter 260C, and establishes by clear and convincing evidence |
|---|
| 9113 | | - | 279.2that the child is in need of protection or services. |
|---|
| 9114 | | - | 279.3 (f) The legal parent-child relationship shall be supported under this chapter by maintaining |
|---|
| 9115 | | - | 279.4the parent's legal authority and responsibility for ongoing planning for the child and by the |
|---|
| 9116 | | - | 279.5agency's assisting the parent, when necessary, to exercise the parent's ongoing right and |
|---|
| 9117 | | - | 279.6obligation to visit or to have reasonable contact with the child. Ongoing planning means: |
|---|
| 9118 | | - | 279.7 (1) actively participating in the planning and provision of educational services, medical, |
|---|
| 9119 | | - | 279.8and dental care for the child; |
|---|
| 9120 | | - | 279.9 (2) actively planning and participating with the agency and the foster care facility for |
|---|
| 9121 | | - | 279.10the child's treatment needs; |
|---|
| 9122 | | - | 279.11 (3) planning to meet the child's need for safety, stability, and permanency, and the child's |
|---|
| 9123 | | - | 279.12need to stay connected to the child's family and community; |
|---|
| 9124 | | - | 279.13 (4) engaging with the responsible social services agency to ensure that the family and |
|---|
| 9125 | | - | 279.14permanency team under section 260C.706 consists of appropriate family members. For |
|---|
| 9126 | | - | 279.15purposes of voluntary placement of a child in foster care for treatment under chapter 260D, |
|---|
| 9127 | | - | 279.16prior to forming the child's family and permanency team, the responsible social services |
|---|
| 9128 | | - | 279.17agency must consult with the child's parent or legal guardian, the child if the child is 14 |
|---|
| 9129 | | - | 279.18years of age or older, and, if applicable, the child's Tribe to obtain recommendations regarding |
|---|
| 9130 | | - | 279.19which individuals to include on the team and to ensure that the team is family-centered and |
|---|
| 9131 | | - | 279.20will act in the child's best interests. If the child, child's parents, or legal guardians raise |
|---|
| 9132 | | - | 279.21concerns about specific relatives or professionals, the team should not include those |
|---|
| 9133 | | - | 279.22individuals unless the individual is a treating professional or an important connection to the |
|---|
| 9134 | | - | 279.23youth as outlined in the case or crisis plan; and |
|---|
| 9135 | | - | 279.24 (5) for a voluntary placement under this chapter in a qualified residential treatment |
|---|
| 9136 | | - | 279.25program, as defined in section 260C.007, subdivision 26d, for purposes of engaging in a |
|---|
| 9137 | | - | 279.26relative search as provided in section 260C.221, the county agency must consult with the |
|---|
| 9138 | | - | 279.27child's parent or legal guardian, the child if the child is 14 years of age or older, and, if |
|---|
| 9139 | | - | 279.28applicable, the child's Tribe to obtain recommendations regarding which adult relatives the |
|---|
| 9140 | | - | 279.29county agency should notify. If the child, child's parents, or legal guardians raise concerns |
|---|
| 9141 | | - | 279.30about specific relatives, the county agency should not notify those relatives. |
|---|
| 9142 | | - | 279.31 (g) The provisions of section 260.012 to ensure placement prevention, family |
|---|
| 9143 | | - | 279.32reunification, and all active and reasonable effort requirements of that section apply. |
|---|
| 9144 | | - | 279Article 8 Sec. 78. |
|---|
| 9145 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 280.1Sec. 79. Minnesota Statutes 2024, section 260D.02, subdivision 5, is amended to read: |
|---|
| 9146 | | - | 280.2 Subd. 5.Child in voluntary foster care for treatment."Child in voluntary foster care |
|---|
| 9147 | | - | 280.3for treatment" means a child with emotional disturbance a mental illness or developmental |
|---|
| 9148 | | - | 280.4disability, or who has a related condition and is in foster care under a voluntary foster care |
|---|
| 9149 | | - | 280.5agreement between the child's parent and the agency due to concurrence between the agency |
|---|
| 9150 | | - | 280.6and the parent when it is determined that foster care is medically necessary: |
|---|
| 9151 | | - | 280.7 (1) due to a determination by the agency's screening team based on its review of the |
|---|
| 9152 | | - | 280.8diagnostic and functional assessment under section 245.4885; or |
|---|
| 9153 | | - | 280.9 (2) due to a determination by the agency's screening team under section 256B.092 and |
|---|
| 9154 | | - | 280.10Minnesota Rules, parts 9525.0004 to 9525.0016. |
|---|
| 9155 | | - | 280.11 A child is not in voluntary foster care for treatment under this chapter when there is a |
|---|
| 9156 | | - | 280.12current determination under chapter 260E that the child requires child protective services |
|---|
| 9157 | | - | 280.13or when the child is in foster care for any reason other than the child's emotional or mental |
|---|
| 9158 | | - | 280.14illness, developmental disability, or related condition. |
|---|
| 9159 | | - | 280.15Sec. 80. Minnesota Statutes 2024, section 260D.02, subdivision 9, is amended to read: |
|---|
| 9160 | | - | 280.16 Subd. 9. Emotional disturbance Mental illness."Emotional disturbance Mental illness" |
|---|
| 9161 | | - | 280.17means emotional disturbance a mental illness as described in section 245.4871, subdivision |
|---|
| 9162 | | - | 280.1815. |
|---|
| 9163 | | - | 280.19Sec. 81. Minnesota Statutes 2024, section 260D.03, subdivision 1, is amended to read: |
|---|
| 9164 | | - | 280.20 Subdivision 1.Voluntary foster care.When the agency's screening team, based upon |
|---|
| 9165 | | - | 280.21the diagnostic and functional assessment under section 245.4885 or medical necessity |
|---|
| 9166 | | - | 280.22screenings under section 256B.092, subdivision 7, determines the child's need for treatment |
|---|
| 9167 | | - | 280.23due to emotional disturbance or a mental illness, developmental disability, or related condition |
|---|
| 9168 | | - | 280.24requires foster care placement of the child, a voluntary foster care agreement between the |
|---|
| 9169 | | - | 280.25child's parent and the agency gives the agency legal authority to place the child in foster |
|---|
| 9170 | | - | 280.26care. |
|---|
| 9171 | | - | 280Article 8 Sec. 81. |
|---|
| 9172 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 281.1Sec. 82. Minnesota Statutes 2024, section 260D.04, is amended to read: |
|---|
| 9173 | | - | 281.2 260D.04 REQUIRED INFORMATION FOR A CHILD IN VOLUNTARY FOSTER |
|---|
| 9174 | | - | 281.3CARE FOR TREATMENT. |
|---|
| 9175 | | - | 281.4 An agency with authority to place a child in voluntary foster care for treatment due to |
|---|
| 9176 | | - | 281.5emotional disturbance or a mental illness, developmental disability, or related condition, |
|---|
| 9177 | | - | 281.6shall inform the child, age 12 or older, of the following: |
|---|
| 9178 | | - | 281.7 (1) the child has the right to be consulted in the preparation of the out-of-home placement |
|---|
| 9179 | | - | 281.8plan required under section 260C.212, subdivision 1, and the administrative review required |
|---|
| 9180 | | - | 281.9under section 260C.203; |
|---|
| 9181 | | - | 281.10 (2) the child has the right to visit the parent and the right to visit the child's siblings as |
|---|
| 9182 | | - | 281.11determined safe and appropriate by the parent and the agency; |
|---|
| 9183 | | - | 281.12 (3) if the child disagrees with the foster care facility or services provided under the |
|---|
| 9184 | | - | 281.13out-of-home placement plan required under section 260C.212, subdivision 1, the agency |
|---|
| 9185 | | - | 281.14shall include information about the nature of the child's disagreement and, to the extent |
|---|
| 9186 | | - | 281.15possible, the agency's understanding of the basis of the child's disagreement in the information |
|---|
| 9187 | | - | 281.16provided to the court in the report required under section 260D.06; and |
|---|
| 9188 | | - | 281.17 (4) the child has the rights established under Minnesota Rules, part 2960.0050, as a |
|---|
| 9189 | | - | 281.18resident of a facility licensed by the state. |
|---|
| 9190 | | - | 281.19Sec. 83. Minnesota Statutes 2024, section 260D.06, subdivision 2, is amended to read: |
|---|
| 9191 | | - | 281.20 Subd. 2.Agency report to court; court review.The agency shall obtain judicial review |
|---|
| 9192 | | - | 281.21by reporting to the court according to the following procedures: |
|---|
| 9193 | | - | 281.22 (a) A written report shall be forwarded to the court within 165 days of the date of the |
|---|
| 9194 | | - | 281.23voluntary placement agreement. The written report shall contain or have attached: |
|---|
| 9195 | | - | 281.24 (1) a statement of facts that necessitate the child's foster care placement; |
|---|
| 9196 | | - | 281.25 (2) the child's name, date of birth, race, gender, and current address; |
|---|
| 9197 | | - | 281.26 (3) the names, race, date of birth, residence, and post office addresses of the child's |
|---|
| 9198 | | - | 281.27parents or legal custodian; |
|---|
| 9199 | | - | 281.28 (4) a statement regarding the child's eligibility for membership or enrollment in an Indian |
|---|
| 9200 | | - | 281.29tribe and the agency's compliance with applicable provisions of sections 260.751 to 260.835; |
|---|
| 9201 | | - | 281.30 (5) the names and addresses of the foster parents or chief administrator of the facility in |
|---|
| 9202 | | - | 281.31which the child is placed, if the child is not in a family foster home or group home; |
|---|
| 9203 | | - | 281Article 8 Sec. 83. |
|---|
| 9204 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 282.1 (6) a copy of the out-of-home placement plan required under section 260C.212, |
|---|
| 9205 | | - | 282.2subdivision 1; |
|---|
| 9206 | | - | 282.3 (7) a written summary of the proceedings of any administrative review required under |
|---|
| 9207 | | - | 282.4section 260C.203; |
|---|
| 9208 | | - | 282.5 (8) evidence as specified in section 260C.712 when a child is placed in a qualified |
|---|
| 9209 | | - | 282.6residential treatment program as defined in section 260C.007, subdivision 26d; and |
|---|
| 9210 | | - | 282.7 (9) any other information the agency, parent or legal custodian, the child or the foster |
|---|
| 9211 | | - | 282.8parent, or other residential facility wants the court to consider. |
|---|
| 9212 | | - | 282.9 (b) In the case of a child in placement due to emotional disturbance a mental illness, the |
|---|
| 9213 | | - | 282.10written report shall include as an attachment, the child's individual treatment plan developed |
|---|
| 9214 | | - | 282.11by the child's treatment professional, as provided in section 245.4871, subdivision 21, or |
|---|
| 9215 | | - | 282.12the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph |
|---|
| 9216 | | - | 282.13(e). |
|---|
| 9217 | | - | 282.14 (c) In the case of a child in placement due to developmental disability or a related |
|---|
| 9218 | | - | 282.15condition, the written report shall include as an attachment, the child's individual service |
|---|
| 9219 | | - | 282.16plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan, |
|---|
| 9220 | | - | 282.17as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan; |
|---|
| 9221 | | - | 282.18or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph |
|---|
| 9222 | | - | 282.19(e). |
|---|
| 9223 | | - | 282.20 (d) The agency must inform the child, age 12 or older, the child's parent, and the foster |
|---|
| 9224 | | - | 282.21parent or foster care facility of the reporting and court review requirements of this section |
|---|
| 9225 | | - | 282.22and of their right to submit information to the court: |
|---|
| 9226 | | - | 282.23 (1) if the child or the child's parent or the foster care provider wants to send information |
|---|
| 9227 | | - | 282.24to the court, the agency shall advise those persons of the reporting date and the date by |
|---|
| 9228 | | - | 282.25which the agency must receive the information they want forwarded to the court so the |
|---|
| 9229 | | - | 282.26agency is timely able submit it with the agency's report required under this subdivision; |
|---|
| 9230 | | - | 282.27 (2) the agency must also inform the child, age 12 or older, the child's parent, and the |
|---|
| 9231 | | - | 282.28foster care facility that they have the right to be heard in person by the court and how to |
|---|
| 9232 | | - | 282.29exercise that right; |
|---|
| 9233 | | - | 282.30 (3) the agency must also inform the child, age 12 or older, the child's parent, and the |
|---|
| 9234 | | - | 282.31foster care provider that an in-court hearing will be held if requested by the child, the parent, |
|---|
| 9235 | | - | 282.32or the foster care provider; and |
|---|
| 9236 | | - | 282Article 8 Sec. 83. |
|---|
| 9237 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 283.1 (4) if, at the time required for the report under this section, a child, age 12 or older, |
|---|
| 9238 | | - | 283.2disagrees about the foster care facility or services provided under the out-of-home placement |
|---|
| 9239 | | - | 283.3plan required under section 260C.212, subdivision 1, the agency shall include information |
|---|
| 9240 | | - | 283.4regarding the child's disagreement, and to the extent possible, the basis for the child's |
|---|
| 9241 | | - | 283.5disagreement in the report required under this section. |
|---|
| 9242 | | - | 283.6 (e) After receiving the required report, the court has jurisdiction to make the following |
|---|
| 9243 | | - | 283.7determinations and must do so within ten days of receiving the forwarded report, whether |
|---|
| 9244 | | - | 283.8a hearing is requested: |
|---|
| 9245 | | - | 283.9 (1) whether the voluntary foster care arrangement is in the child's best interests; |
|---|
| 9246 | | - | 283.10 (2) whether the parent and agency are appropriately planning for the child; and |
|---|
| 9247 | | - | 283.11 (3) in the case of a child age 12 or older, who disagrees with the foster care facility or |
|---|
| 9248 | | - | 283.12services provided under the out-of-home placement plan, whether it is appropriate to appoint |
|---|
| 9249 | | - | 283.13counsel and a guardian ad litem for the child using standards and procedures under section |
|---|
| 9250 | | - | 283.14260C.163. |
|---|
| 9251 | | - | 283.15 (f) Unless requested by a parent, representative of the foster care facility, or the child, |
|---|
| 9252 | | - | 283.16no in-court hearing is required in order for the court to make findings and issue an order as |
|---|
| 9253 | | - | 283.17required in paragraph (e). |
|---|
| 9254 | | - | 283.18 (g) If the court finds the voluntary foster care arrangement is in the child's best interests |
|---|
| 9255 | | - | 283.19and that the agency and parent are appropriately planning for the child, the court shall issue |
|---|
| 9256 | | - | 283.20an order containing explicit, individualized findings to support its determination. The |
|---|
| 9257 | | - | 283.21individualized findings shall be based on the agency's written report and other materials |
|---|
| 9258 | | - | 283.22submitted to the court. The court may make this determination notwithstanding the child's |
|---|
| 9259 | | - | 283.23disagreement, if any, reported under paragraph (d). |
|---|
| 9260 | | - | 283.24 (h) The court shall send a copy of the order to the county attorney, the agency, parent, |
|---|
| 9261 | | - | 283.25child, age 12 or older, and the foster parent or foster care facility. |
|---|
| 9262 | | - | 283.26 (i) The court shall also send the parent, the child, age 12 or older, the foster parent, or |
|---|
| 9263 | | - | 283.27representative of the foster care facility notice of the permanency review hearing required |
|---|
| 9264 | | - | 283.28under section 260D.07, paragraph (e). |
|---|
| 9265 | | - | 283.29 (j) If the court finds continuing the voluntary foster care arrangement is not in the child's |
|---|
| 9266 | | - | 283.30best interests or that the agency or the parent are not appropriately planning for the child, |
|---|
| 9267 | | - | 283.31the court shall notify the agency, the parent, the foster parent or foster care facility, the child, |
|---|
| 9268 | | - | 283.32age 12 or older, and the county attorney of the court's determinations and the basis for the |
|---|
| 9269 | | - | 283Article 8 Sec. 83. |
|---|
| 9270 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 284.1court's determinations. In this case, the court shall set the matter for hearing and appoint a |
|---|
| 9271 | | - | 284.2guardian ad litem for the child under section 260C.163, subdivision 5. |
|---|
| 9272 | | - | 284.3Sec. 84. Minnesota Statutes 2024, section 260D.07, is amended to read: |
|---|
| 9273 | | - | 284.4 260D.07 REQUIRED PERMANENCY REVIEW HEARING. |
|---|
| 9274 | | - | 284.5 (a) When the court has found that the voluntary arrangement is in the child's best interests |
|---|
| 9275 | | - | 284.6and that the agency and parent are appropriately planning for the child pursuant to the report |
|---|
| 9276 | | - | 284.7submitted under section 260D.06, and the child continues in voluntary foster care as defined |
|---|
| 9277 | | - | 284.8in section 260D.02, subdivision 10, for 13 months from the date of the voluntary foster care |
|---|
| 9278 | | - | 284.9agreement, or has been in placement for 15 of the last 22 months, the agency must: |
|---|
| 9279 | | - | 284.10 (1) terminate the voluntary foster care agreement and return the child home; or |
|---|
| 9280 | | - | 284.11 (2) determine whether there are compelling reasons to continue the voluntary foster care |
|---|
| 9281 | | - | 284.12arrangement and, if the agency determines there are compelling reasons, seek judicial |
|---|
| 9282 | | - | 284.13approval of its determination; or |
|---|
| 9283 | | - | 284.14 (3) file a petition for the termination of parental rights. |
|---|
| 9284 | | - | 284.15 (b) When the agency is asking for the court's approval of its determination that there are |
|---|
| 9285 | | - | 284.16compelling reasons to continue the child in the voluntary foster care arrangement, the agency |
|---|
| 9286 | | - | 284.17shall file a "Petition for Permanency Review Regarding a Child in Voluntary Foster Care |
|---|
| 9287 | | - | 284.18for Treatment" and ask the court to proceed under this section. |
|---|
| 9288 | | - | 284.19 (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster Care |
|---|
| 9289 | | - | 284.20for Treatment" shall be drafted or approved by the county attorney and be under oath. The |
|---|
| 9290 | | - | 284.21petition shall include: |
|---|
| 9291 | | - | 284.22 (1) the date of the voluntary placement agreement; |
|---|
| 9292 | | - | 284.23 (2) whether the petition is due to the child's developmental disability or emotional |
|---|
| 9293 | | - | 284.24disturbance mental illness; |
|---|
| 9294 | | - | 284.25 (3) the plan for the ongoing care of the child and the parent's participation in the plan; |
|---|
| 9295 | | - | 284.26 (4) a description of the parent's visitation and contact with the child; |
|---|
| 9296 | | - | 284.27 (5) the date of the court finding that the foster care placement was in the best interests |
|---|
| 9297 | | - | 284.28of the child, if required under section 260D.06, or the date the agency filed the motion under |
|---|
| 9298 | | - | 284.29section 260D.09, paragraph (b); |
|---|
| 9299 | | - | 284.30 (6) the agency's reasonable efforts to finalize the permanent plan for the child, including |
|---|
| 9300 | | - | 284.31returning the child to the care of the child's family; |
|---|
| 9301 | | - | 284Article 8 Sec. 84. |
|---|
| 9302 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 285.1 (7) a citation to this chapter as the basis for the petition; and |
|---|
| 9303 | | - | 285.2 (8) evidence as specified in section 260C.712 when a child is placed in a qualified |
|---|
| 9304 | | - | 285.3residential treatment program as defined in section 260C.007, subdivision 26d. |
|---|
| 9305 | | - | 285.4 (d) An updated copy of the out-of-home placement plan required under section 260C.212, |
|---|
| 9306 | | - | 285.5subdivision 1, shall be filed with the petition. |
|---|
| 9307 | | - | 285.6 (e) The court shall set the date for the permanency review hearing no later than 14 months |
|---|
| 9308 | | - | 285.7after the child has been in placement or within 30 days of the petition filing date when the |
|---|
| 9309 | | - | 285.8child has been in placement 15 of the last 22 months. The court shall serve the petition |
|---|
| 9310 | | - | 285.9together with a notice of hearing by United States mail on the parent, the child age 12 or |
|---|
| 9311 | | - | 285.10older, the child's guardian ad litem, if one has been appointed, the agency, the county |
|---|
| 9312 | | - | 285.11attorney, and counsel for any party. |
|---|
| 9313 | | - | 285.12 (f) The court shall conduct the permanency review hearing on the petition no later than |
|---|
| 9314 | | - | 285.1314 months after the date of the voluntary placement agreement, within 30 days of the filing |
|---|
| 9315 | | - | 285.14of the petition when the child has been in placement 15 of the last 22 months, or within 15 |
|---|
| 9316 | | - | 285.15days of a motion to terminate jurisdiction and to dismiss an order for foster care under |
|---|
| 9317 | | - | 285.16chapter 260C, as provided in section 260D.09, paragraph (b). |
|---|
| 9318 | | - | 285.17 (g) At the permanency review hearing, the court shall: |
|---|
| 9319 | | - | 285.18 (1) inquire of the parent if the parent has reviewed the "Petition for Permanency Review |
|---|
| 9320 | | - | 285.19Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is accurate, |
|---|
| 9321 | | - | 285.20and whether the parent agrees to the continued voluntary foster care arrangement as being |
|---|
| 9322 | | - | 285.21in the child's best interests; |
|---|
| 9323 | | - | 285.22 (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts to |
|---|
| 9324 | | - | 285.23finalize the permanent plan for the child, including whether there are services available and |
|---|
| 9325 | | - | 285.24accessible to the parent that might allow the child to safely be with the child's family; |
|---|
| 9326 | | - | 285.25 (3) inquire of the parent if the parent consents to the court entering an order that: |
|---|
| 9327 | | - | 285.26 (i) approves the responsible agency's reasonable efforts to finalize the permanent plan |
|---|
| 9328 | | - | 285.27for the child, which includes ongoing future planning for the safety, health, and best interests |
|---|
| 9329 | | - | 285.28of the child; and |
|---|
| 9330 | | - | 285.29 (ii) approves the responsible agency's determination that there are compelling reasons |
|---|
| 9331 | | - | 285.30why the continued voluntary foster care arrangement is in the child's best interests; and |
|---|
| 9332 | | - | 285.31 (4) inquire of the child's guardian ad litem and any other party whether the guardian or |
|---|
| 9333 | | - | 285.32the party agrees that: |
|---|
| 9334 | | - | 285Article 8 Sec. 84. |
|---|
| 9335 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 286.1 (i) the court should approve the responsible agency's reasonable efforts to finalize the |
|---|
| 9336 | | - | 286.2permanent plan for the child, which includes ongoing and future planning for the safety, |
|---|
| 9337 | | - | 286.3health, and best interests of the child; and |
|---|
| 9338 | | - | 286.4 (ii) the court should approve of the responsible agency's determination that there are |
|---|
| 9339 | | - | 286.5compelling reasons why the continued voluntary foster care arrangement is in the child's |
|---|
| 9340 | | - | 286.6best interests. |
|---|
| 9341 | | - | 286.7 (h) At a permanency review hearing under this section, the court may take the following |
|---|
| 9342 | | - | 286.8actions based on the contents of the sworn petition and the consent of the parent: |
|---|
| 9343 | | - | 286.9 (1) approve the agency's compelling reasons that the voluntary foster care arrangement |
|---|
| 9344 | | - | 286.10is in the best interests of the child; and |
|---|
| 9345 | | - | 286.11 (2) find that the agency has made reasonable efforts to finalize the permanent plan for |
|---|
| 9346 | | - | 286.12the child. |
|---|
| 9347 | | - | 286.13 (i) A child, age 12 or older, may object to the agency's request that the court approve its |
|---|
| 9348 | | - | 286.14compelling reasons for the continued voluntary arrangement and may be heard on the reasons |
|---|
| 9349 | | - | 286.15for the objection. Notwithstanding the child's objection, the court may approve the agency's |
|---|
| 9350 | | - | 286.16compelling reasons and the voluntary arrangement. |
|---|
| 9351 | | - | 286.17 (j) If the court does not approve the voluntary arrangement after hearing from the child |
|---|
| 9352 | | - | 286.18or the child's guardian ad litem, the court shall dismiss the petition. In this case, either: |
|---|
| 9353 | | - | 286.19 (1) the child must be returned to the care of the parent; or |
|---|
| 9354 | | - | 286.20 (2) the agency must file a petition under section 260C.141, asking for appropriate relief |
|---|
| 9355 | | - | 286.21under sections 260C.301 or 260C.503 to 260C.521. |
|---|
| 9356 | | - | 286.22 (k) When the court approves the agency's compelling reasons for the child to continue |
|---|
| 9357 | | - | 286.23in voluntary foster care for treatment, and finds that the agency has made reasonable efforts |
|---|
| 9358 | | - | 286.24to finalize a permanent plan for the child, the court shall approve the continued voluntary |
|---|
| 9359 | | - | 286.25foster care arrangement, and continue the matter under the court's jurisdiction for the purposes |
|---|
| 9360 | | - | 286.26of reviewing the child's placement every 12 months while the child is in foster care. |
|---|
| 9361 | | - | 286.27 (l) A finding that the court approves the continued voluntary placement means the agency |
|---|
| 9362 | | - | 286.28has continued legal authority to place the child while a voluntary placement agreement |
|---|
| 9363 | | - | 286.29remains in effect. The parent or the agency may terminate a voluntary agreement as provided |
|---|
| 9364 | | - | 286.30in section 260D.10. Termination of a voluntary foster care placement of an Indian child is |
|---|
| 9365 | | - | 286.31governed by section 260.765, subdivision 4. |
|---|
| 9366 | | - | 286Article 8 Sec. 84. |
|---|
| 9367 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 287.1Sec. 85. Minnesota Statutes 2024, section 260E.11, subdivision 3, is amended to read: |
|---|
| 9368 | | - | 287.2 Subd. 3.Report to medical examiner or coroner; notification to local agency and |
|---|
| 9369 | | - | 287.3law enforcement; report ombudsman.(a) A person mandated to report maltreatment who |
|---|
| 9370 | | - | 287.4knows or has reason to believe a child has died as a result of maltreatment shall report that |
|---|
| 9371 | | - | 287.5information to the appropriate medical examiner or coroner instead of the local welfare |
|---|
| 9372 | | - | 287.6agency, police department, or county sheriff. |
|---|
| 9373 | | - | 287.7 (b) The medical examiner or coroner shall notify the local welfare agency, police |
|---|
| 9374 | | - | 287.8department, or county sheriff in instances in which the medical examiner or coroner believes |
|---|
| 9375 | | - | 287.9that the child has died as a result of maltreatment. The medical examiner or coroner shall |
|---|
| 9376 | | - | 287.10complete an investigation as soon as feasible and report the findings to the police department |
|---|
| 9377 | | - | 287.11or county sheriff and the local welfare agency. |
|---|
| 9378 | | - | 287.12 (c) If the child was receiving services or treatment for mental illness, developmental |
|---|
| 9379 | | - | 287.13disability, or substance use disorder, or emotional disturbance from an agency, facility, or |
|---|
| 9380 | | - | 287.14program as defined in section 245.91, the medical examiner or coroner shall also notify and |
|---|
| 9381 | | - | 287.15report findings to the ombudsman established under sections 245.91 to 245.97. |
|---|
| 9382 | | - | 287.16Sec. 86. Minnesota Statutes 2024, section 295.50, subdivision 9b, is amended to read: |
|---|
| 9383 | | - | 287.17 Subd. 9b.Patient services.(a) "Patient services" means inpatient and outpatient services |
|---|
| 9384 | | - | 287.18and other goods and services provided by hospitals, surgical centers, or health care providers. |
|---|
| 9385 | | - | 287.19They include the following health care goods and services provided to a patient or consumer: |
|---|
| 9386 | | - | 287.20 (1) bed and board; |
|---|
| 9387 | | - | 287.21 (2) nursing services and other related services; |
|---|
| 9388 | | - | 287.22 (3) use of hospitals, surgical centers, or health care provider facilities; |
|---|
| 9389 | | - | 287.23 (4) medical social services; |
|---|
| 9390 | | - | 287.24 (5) drugs, biologicals, supplies, appliances, and equipment; |
|---|
| 9391 | | - | 287.25 (6) other diagnostic or therapeutic items or services; |
|---|
| 9392 | | - | 287.26 (7) medical or surgical services; |
|---|
| 9393 | | - | 287.27 (8) items and services furnished to ambulatory patients not requiring emergency care; |
|---|
| 9394 | | - | 287.28and |
|---|
| 9395 | | - | 287.29 (9) emergency services. |
|---|
| 9396 | | - | 287.30 (b) "Patient services" does not include: |
|---|
| 9397 | | - | 287Article 8 Sec. 86. |
|---|
| 9398 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 288.1 (1) services provided to nursing homes licensed under chapter 144A; |
|---|
| 9399 | | - | 288.2 (2) examinations for purposes of utilization reviews, insurance claims or eligibility, |
|---|
| 9400 | | - | 288.3litigation, and employment, including reviews of medical records for those purposes; |
|---|
| 9401 | | - | 288.4 (3) services provided to and by community residential mental health facilities licensed |
|---|
| 9402 | | - | 288.5under section 245I.23 or Minnesota Rules, parts 9520.0500 to 9520.0670, and to and by |
|---|
| 9403 | | - | 288.6residential treatment programs for children with severe emotional disturbance a serious |
|---|
| 9404 | | - | 288.7mental illness licensed or certified under chapter 245A; |
|---|
| 9405 | | - | 288.8 (4) services provided under the following programs: day treatment services as defined |
|---|
| 9406 | | - | 288.9in section 245.462, subdivision 8; assertive community treatment as described in section |
|---|
| 9407 | | - | 288.10256B.0622; adult rehabilitative mental health services as described in section 256B.0623; |
|---|
| 9408 | | - | 288.11crisis response services as described in section 256B.0624; and children's therapeutic services |
|---|
| 9409 | | - | 288.12and supports as described in section 256B.0943; |
|---|
| 9410 | | - | 288.13 (5) services provided to and by community mental health centers as defined in section |
|---|
| 9411 | | - | 288.14245.62, subdivision 2; |
|---|
| 9412 | | - | 288.15 (6) services provided to and by assisted living programs and congregate housing |
|---|
| 9413 | | - | 288.16programs; |
|---|
| 9414 | | - | 288.17 (7) hospice care services; |
|---|
| 9415 | | - | 288.18 (8) home and community-based waivered services under chapter 256S and sections |
|---|
| 9416 | | - | 288.19256B.49 and 256B.501; |
|---|
| 9417 | | - | 288.20 (9) targeted case management services under sections 256B.0621; 256B.0625, |
|---|
| 9418 | | - | 288.21subdivisions 20, 20a, 33, and 44; and 256B.094; and |
|---|
| 9419 | | - | 288.22 (10) services provided to the following: supervised living facilities for persons with |
|---|
| 9420 | | - | 288.23developmental disabilities licensed under Minnesota Rules, parts 4665.0100 to 4665.9900; |
|---|
| 9421 | | - | 288.24housing with services establishments required to be registered under chapter 144D; board |
|---|
| 9422 | | - | 288.25and lodging establishments providing only custodial services that are licensed under chapter |
|---|
| 9423 | | - | 288.26157 and registered under section 157.17 to provide supportive services or health supervision |
|---|
| 9424 | | - | 288.27services; adult foster homes as defined in Minnesota Rules, part 9555.5105; day training |
|---|
| 9425 | | - | 288.28and habilitation services for adults with developmental disabilities as defined in section |
|---|
| 9426 | | - | 288.29252.41, subdivision 3; boarding care homes as defined in Minnesota Rules, part 4655.0100; |
|---|
| 9427 | | - | 288.30adult day care services as defined in section 245A.02, subdivision 2a; and home health |
|---|
| 9428 | | - | 288.31agencies as defined in Minnesota Rules, part 9505.0175, subpart 15, or licensed under |
|---|
| 9429 | | - | 288.32chapter 144A. |
|---|
| 9430 | | - | 288Article 8 Sec. 86. |
|---|
| 9431 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT 289.1 ARTICLE 9 |
|---|
| 9432 | | - | 289.2 MISCELLANEOUS |
|---|
| 9433 | | - | 289.3Section 1. Minnesota Statutes 2024, section 256.01, is amended by adding a subdivision |
|---|
| 9434 | | - | 289.4to read: |
|---|
| 9435 | | - | 289.5 Subd. 44.Notification of federal approval; report.(a) For any provision over which |
|---|
| 9436 | | - | 289.6the commissioner has jurisdiction and that has an effective date contingent upon federal |
|---|
| 9437 | | - | 289.7approval, whether the contingency is expressed in an effective date, in the text of a statutory |
|---|
| 9438 | | - | 289.8provision, or in the text of an uncodified section of session law, the commissioner must |
|---|
| 9439 | | - | 289.9notify the revisor of statutes of which enacted provisions contain such contingent federal |
|---|
| 9440 | | - | 289.10approval and when federal approval is obtained for any such provision according to |
|---|
| 9441 | | - | 289.11paragraphs (b) and (c). |
|---|
| 9442 | | - | 289.12 (b) By July 1 of each year, the commissioner must provide the revisor of statutes; the |
|---|
| 9443 | | - | 289.13director of the House Research Department; and the director of Senate Counsel, Research |
|---|
| 9444 | | - | 289.14and Fiscal Analysis with a report containing a complete list of all provisions enacted since |
|---|
| 9445 | | - | 289.15the preceding July 1 with an effective date contingent on federal approval. |
|---|
| 9446 | | - | 289.16 (c) By September 1 of each year, the commissioner must provide the revisor of statutes; |
|---|
| 9447 | | - | 289.17the director of the House Research Department; and the director of Senate Counsel, Research |
|---|
| 9448 | | - | 289.18and Fiscal Analysis with a report containing a complete list of all statutory provisions |
|---|
| 9449 | | - | 289.19previously enacted with an effective date contingent on federal approval. The commissioner |
|---|
| 9450 | | - | 289.20must identify in the report which, if any, provisions received federal approval since the |
|---|
| 9451 | | - | 289.21preceding September 1 and the date that federal approval for each provision was received. |
|---|
| 9452 | | - | 289.22If no provisions have received federal approval since the preceding September 1, the report |
|---|
| 9453 | | - | 289.23must state that fact. The revisor of statutes may authorize the commissioner to remove |
|---|
| 9454 | | - | 289.24federally approved provisions from subsequent reports submitted. |
|---|
| 9455 | | - | 289.25 (d) The reports in paragraphs (b) and (c) must be provided in a form prescribed by the |
|---|
| 9456 | | - | 289.26revisor of statutes. |
|---|
| 9457 | | - | 289.27 (e) An employee in the Department of Human Services who is responsible for identifying |
|---|
| 9458 | | - | 289.28and tracking federal approval of provisions must attest to the accuracy of the reports in a |
|---|
| 9459 | | - | 289.29manner prescribed by the revisor of statutes. |
|---|
| 9460 | | - | 289.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 9461 | | - | 289Article 9 Section 1. |
|---|
| 9462 | | - | REVISOR AGW H2115-1HF2115 FIRST ENGROSSMENT Page.Ln 2.36AGING AND DISABILITY SERVICES...............................................ARTICLE 1 |
|---|
| 9463 | | - | Page.Ln 17.23DEPARTMENT OF HEALTH POLICY................................................ARTICLE 2 |
|---|
| 9464 | | - | Page.Ln 31.11DIRECT CARE AND TREATMENT....................................................ARTICLE 3 |
|---|
| 9465 | | - | Page.Ln 113.25BEHAVIORAL HEALTH......................................................................ARTICLE 4 |
|---|
| 9466 | | - | Page.Ln 159.11 |
|---|
| 9467 | | - | DEPARTMENT OF HUMAN SERVICES OFFICE OF INSPECTOR |
|---|
| 9468 | | - | GENERAL..............................................................................................ARTICLE 5 |
|---|
| 9469 | | - | Page.Ln 188.19 |
|---|
| 9470 | | - | ASSERTIVE COMMUNITY TREATMENT AND INTENSIVE |
|---|
| 9471 | | - | RESIDENTIAL TREATMENT SERVICES RECODIFICATION........ARTICLE 6 |
|---|
| 9472 | | - | Page.Ln 196.3 |
|---|
| 9473 | | - | ASSERTIVE COMMUNITY TREATMENT AND INTENSIVE |
|---|
| 9474 | | - | RESIDENTIAL TREATMENT SERVICES RECODIFICATION |
|---|
| 9475 | | - | CONFORMING CHANGES.................................................................ARTICLE 7 |
|---|
| 9476 | | - | Page.Ln 204.3CHILDREN'S MENTAL HEALTH TERMINOLOGY.........................ARTICLE 8 |
|---|
| 9477 | | - | Page.Ln 289.1MISCELLANEOUS...............................................................................ARTICLE 9 |
|---|
| 276 | + | REVISOR EB/CH 25-0031102/20/25 9.1 (c) Nothing in this subdivision shall be construed as permitting the commissioner to |
|---|
| 277 | + | 9.2establish criteria prohibiting the authorization of residential support services for individuals |
|---|
| 278 | + | 9.3described in the statewide priorities established in subdivision 12 11a, the transition |
|---|
| 279 | + | 9.4populations in subdivision 13 24, and the licensing moratorium exception criteria under |
|---|
| 280 | + | 9.5section 245A.03, subdivision 7, paragraph (a). |
|---|
| 281 | + | 9.6 (c) (d) Individuals with active service agreements for residential support services on the |
|---|
| 282 | + | 9.7date that the criteria for accessing residential support services become effective are exempt |
|---|
| 283 | + | 9.8from the requirements of this subdivision, and the exemption from the criteria for accessing |
|---|
| 284 | + | 9.9residential support services continues to apply for renewals of those service agreements. |
|---|
| 285 | + | 9.10 EFFECTIVE DATE.This section is effective 90 days following federal approval of |
|---|
| 286 | + | 9.11Laws 2021, First Special Session chapter 7, article 13, section 30. |
|---|
| 287 | + | 9.12 ARTICLE 2 |
|---|
| 288 | + | 9.13 BEHAVIORAL HEALTH |
|---|
| 289 | + | 9.14 Section 1. Minnesota Statutes 2024, section 245.4871, subdivision 4, is amended to read: |
|---|
| 290 | + | 9.15 Subd. 4.Case management service provider.(a) "Case management service provider" |
|---|
| 291 | + | 9.16means a case manager or case manager associate employed by the county or other entity |
|---|
| 292 | + | 9.17authorized by the county board to provide case management services specified in subdivision |
|---|
| 293 | + | 9.183 for the child with severe emotional disturbance and the child's family. |
|---|
| 294 | + | 9.19 (b) A case manager must: |
|---|
| 295 | + | 9.20 (1) have experience and training in working with children; |
|---|
| 296 | + | 9.21 (2) be a mental health practitioner under section 245I.04, subdivision 4, or have at least |
|---|
| 297 | + | 9.22a bachelor's degree in one of the behavioral sciences or a related field including, but not |
|---|
| 298 | + | 9.23limited to, social work, psychology, or nursing from an accredited college or university or |
|---|
| 299 | + | 9.24meet the requirements of paragraph (d); |
|---|
| 300 | + | 9.25 (3) have experience and training in identifying and assessing a wide range of children's |
|---|
| 301 | + | 9.26needs; |
|---|
| 302 | + | 9.27 (4) be knowledgeable about local community resources and how to use those resources |
|---|
| 303 | + | 9.28for the benefit of children and their families; and |
|---|
| 304 | + | 9.29 (5) meet the supervision and continuing education requirements of paragraphs (e), (f), |
|---|
| 305 | + | 9.30and (g), as applicable. |
|---|
| 306 | + | 9Article 2 Section 1. |
|---|
| 307 | + | REVISOR EB/CH 25-0031102/20/25 10.1 (c) A case manager may be a member of any professional discipline that is part of the |
|---|
| 308 | + | 10.2local system of care for children established by the county board. |
|---|
| 309 | + | 10.3 (d) A case manager without who is not a mental health practitioner and does not have |
|---|
| 310 | + | 10.4a bachelor's degree must meet one of the requirements in clauses (1) to (3): |
|---|
| 311 | + | 10.5 (1) have three or four years of experience as a case manager associate; |
|---|
| 312 | + | 10.6 (2) be a registered nurse without a bachelor's degree who has a combination of specialized |
|---|
| 313 | + | 10.7training in psychiatry and work experience consisting of community interaction and |
|---|
| 314 | + | 10.8involvement or community discharge planning in a mental health setting totaling three years; |
|---|
| 315 | + | 10.9or |
|---|
| 316 | + | 10.10 (3) be a person who qualified as a case manager under the 1998 Department of Human |
|---|
| 317 | + | 10.11Services waiver provision and meets the continuing education, supervision, and mentoring |
|---|
| 318 | + | 10.12requirements in this section. |
|---|
| 319 | + | 10.13 (e) A case manager with at least 2,000 hours of supervised experience in the delivery |
|---|
| 320 | + | 10.14of mental health services to children must receive regular ongoing supervision and clinical |
|---|
| 321 | + | 10.15supervision totaling 38 hours per year, of which at least one hour per month must be clinical |
|---|
| 322 | + | 10.16supervision regarding individual service delivery with a case management supervisor. The |
|---|
| 323 | + | 10.17other 26 hours of supervision may be provided by a case manager with two years of |
|---|
| 324 | + | 10.18experience. Group supervision may not constitute more than one-half of the required |
|---|
| 325 | + | 10.19supervision hours. |
|---|
| 326 | + | 10.20 (f) A case manager without 2,000 hours of supervised experience in the delivery of |
|---|
| 327 | + | 10.21mental health services to children with emotional disturbance must: |
|---|
| 328 | + | 10.22 (1) begin 40 hours of training approved by the commissioner of human services in case |
|---|
| 329 | + | 10.23management skills and in the characteristics and needs of children with severe emotional |
|---|
| 330 | + | 10.24disturbance before beginning to provide case management services; and |
|---|
| 331 | + | 10.25 (2) receive clinical supervision regarding individual service delivery from a mental |
|---|
| 332 | + | 10.26health professional at least one hour each week until the requirement of 2,000 hours of |
|---|
| 333 | + | 10.27experience is met. |
|---|
| 334 | + | 10.28 (g) A case manager who is not licensed, registered, or certified by a health-related |
|---|
| 335 | + | 10.29licensing board must receive 30 hours of continuing education and training in severe |
|---|
| 336 | + | 10.30emotional disturbance and mental health services every two years. |
|---|
| 337 | + | 10.31 (h) Clinical supervision must be documented in the child's record. When the case manager |
|---|
| 338 | + | 10.32is not a mental health professional, the county board must provide or contract for needed |
|---|
| 339 | + | 10.33clinical supervision. |
|---|
| 340 | + | 10Article 2 Section 1. |
|---|
| 341 | + | REVISOR EB/CH 25-0031102/20/25 11.1 (i) The county board must ensure that the case manager has the freedom to access and |
|---|
| 342 | + | 11.2coordinate the services within the local system of care that are needed by the child. |
|---|
| 343 | + | 11.3 (j) A case manager associate (CMA) must: |
|---|
| 344 | + | 11.4 (1) work under the direction of a case manager or case management supervisor; |
|---|
| 345 | + | 11.5 (2) be at least 21 years of age; |
|---|
| 346 | + | 11.6 (3) have at least a high school diploma or its equivalent; and |
|---|
| 347 | + | 11.7 (4) meet one of the following criteria: |
|---|
| 348 | + | 11.8 (i) have an associate of arts degree in one of the behavioral sciences or human services; |
|---|
| 349 | + | 11.9 (ii) be a registered nurse without a bachelor's degree; |
|---|
| 350 | + | 11.10 (iii) have three years of life experience as a primary caregiver to a child with serious |
|---|
| 351 | + | 11.11emotional disturbance as defined in subdivision 6 within the previous ten years; |
|---|
| 352 | + | 11.12 (iv) have 6,000 hours work experience as a nondegreed state hospital technician; or |
|---|
| 353 | + | 11.13 (v) have 6,000 hours of supervised work experience in the delivery of mental health |
|---|
| 354 | + | 11.14services to children with emotional disturbances; hours worked as a mental health behavioral |
|---|
| 355 | + | 11.15aide I or II under section 256B.0943, subdivision 7, may count toward the 6,000 hours of |
|---|
| 356 | + | 11.16supervised work experience. |
|---|
| 357 | + | 11.17 Individuals meeting one of the criteria in items (i) to (iv) may qualify as a case manager |
|---|
| 358 | + | 11.18after four years of supervised work experience as a case manager associate. Individuals |
|---|
| 359 | + | 11.19meeting the criteria in item (v) may qualify as a case manager after three years of supervised |
|---|
| 360 | + | 11.20experience as a case manager associate. |
|---|
| 361 | + | 11.21 (k) Case manager associates must meet the following supervision, mentoring, and |
|---|
| 362 | + | 11.22continuing education requirements; |
|---|
| 363 | + | 11.23 (1) have 40 hours of preservice training described under paragraph (f), clause (1); |
|---|
| 364 | + | 11.24 (2) receive at least 40 hours of continuing education in severe emotional disturbance |
|---|
| 365 | + | 11.25and mental health service annually; and |
|---|
| 366 | + | 11.26 (3) receive at least five hours of mentoring per week from a case management mentor. |
|---|
| 367 | + | 11.27A "case management mentor" means a qualified, practicing case manager or case management |
|---|
| 368 | + | 11.28supervisor who teaches or advises and provides intensive training and clinical supervision |
|---|
| 369 | + | 11.29to one or more case manager associates. Mentoring may occur while providing direct services |
|---|
| 370 | + | 11.30to consumers in the office or in the field and may be provided to individuals or groups of |
|---|
| 371 | + | 11Article 2 Section 1. |
|---|
| 372 | + | REVISOR EB/CH 25-0031102/20/25 12.1case manager associates. At least two mentoring hours per week must be individual and |
|---|
| 373 | + | 12.2face-to-face. |
|---|
| 374 | + | 12.3 (l) A case management supervisor must meet the criteria for a mental health professional |
|---|
| 375 | + | 12.4as specified in subdivision 27. |
|---|
| 376 | + | 12.5 (m) An immigrant who does not have the qualifications specified in this subdivision |
|---|
| 377 | + | 12.6may provide case management services to child immigrants with severe emotional |
|---|
| 378 | + | 12.7disturbance of the same ethnic group as the immigrant if the person: |
|---|
| 379 | + | 12.8 (1) is currently enrolled in and is actively pursuing credits toward the completion of a |
|---|
| 380 | + | 12.9bachelor's degree in one of the behavioral sciences or related fields at an accredited college |
|---|
| 381 | + | 12.10or university; |
|---|
| 382 | + | 12.11 (2) completes 40 hours of training as specified in this subdivision; and |
|---|
| 383 | + | 12.12 (3) receives clinical supervision at least once a week until the requirements of obtaining |
|---|
| 384 | + | 12.13a bachelor's degree and 2,000 hours of supervised experience are met. |
|---|
| 385 | + | 12.14 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 386 | + | 12.15Sec. 2. Minnesota Statutes 2024, section 245.4871, is amended by adding a subdivision |
|---|
| 387 | + | 12.16to read: |
|---|
| 388 | + | 12.17 Subd. 7a.Clinical supervision."Clinical supervision" means the oversight responsibility |
|---|
| 389 | + | 12.18for individual treatment plans and individual mental health service delivery, including |
|---|
| 390 | + | 12.19oversight provided by the case manager. Clinical supervision must be provided by a mental |
|---|
| 391 | + | 12.20health professional. The supervising mental health professional must cosign an individual |
|---|
| 392 | + | 12.21treatment plan, and their name must be documented in the client's record. |
|---|
| 393 | + | 12.22Sec. 3. Minnesota Statutes 2024, section 245.4881, subdivision 3, is amended to read: |
|---|
| 394 | + | 12.23 Subd. 3.Duties of case manager.(a) Upon a determination of eligibility for case |
|---|
| 395 | + | 12.24management services, the case manager shall develop an individual family community |
|---|
| 396 | + | 12.25support plan for a child as specified in subdivision 4, review the child's progress, and monitor |
|---|
| 397 | + | 12.26the provision of services, and if the child and parent or legal guardian consent, complete a |
|---|
| 398 | + | 12.27written functional assessment as defined by section 245.4871, subdivision 18a. If services |
|---|
| 399 | + | 12.28are to be provided in a host county that is not the county of financial responsibility, the case |
|---|
| 400 | + | 12.29manager shall consult with the host county and obtain a letter demonstrating the concurrence |
|---|
| 401 | + | 12.30of the host county regarding the provision of services. |
|---|
| 402 | + | 12Article 2 Sec. 3. |
|---|
| 403 | + | REVISOR EB/CH 25-0031102/20/25 13.1 (b) The case manager shall note in the child's record the services needed by the child |
|---|
| 404 | + | 13.2and the child's family, the services requested by the family, services that are not available, |
|---|
| 405 | + | 13.3and the unmet needs of the child and child's family. The case manager shall note this |
|---|
| 406 | + | 13.4provision in the child's record. |
|---|
| 407 | + | 13.5 Sec. 4. [245.4904] INTERMEDIATE SCHOOL DISTRICT BEHAVIORAL HEALTH |
|---|
| 408 | + | 13.6GRANT PROGRAM. |
|---|
| 409 | + | 13.7 Subdivision 1.Establishment.The commissioner of human services must establish a |
|---|
| 410 | + | 13.8grant program to improve behavioral health outcomes for youth attending a qualifying |
|---|
| 411 | + | 13.9school unit and to build the capacity of schools to support student and teacher needs in the |
|---|
| 412 | + | 13.10classroom. For the purposes of this section, "qualifying school unit" means an intermediate |
|---|
| 413 | + | 13.11school district organized under section 136D.01. |
|---|
| 414 | + | 13.12 Subd. 2.Eligible applicants.An eligible applicant is an intermediate school district |
|---|
| 415 | + | 13.13organized under section 136D.01, and a partner entity or provider that has demonstrated |
|---|
| 416 | + | 13.14capacity to serve the youth identified in subdivision 1 that is: |
|---|
| 417 | + | 13.15 (1) a mental health clinic certified under section 245I.20; |
|---|
| 418 | + | 13.16 (2) a community mental health center under section 256B.0625, subdivision 5; |
|---|
| 419 | + | 13.17 (3) an Indian health service facility or a facility owned and operated by a Tribe or Tribal |
|---|
| 420 | + | 13.18organization operating under United States Code, title 25, section 5321; |
|---|
| 421 | + | 13.19 (4) a provider of children's therapeutic services and supports as defined in section |
|---|
| 422 | + | 13.20256B.0943; |
|---|
| 423 | + | 13.21 (5) enrolled in medical assistance as a mental health or substance use disorder provider |
|---|
| 424 | + | 13.22agency and employs at least two full-time equivalent mental health professionals qualified |
|---|
| 425 | + | 13.23according to section 245I.04, subdivision 2, or two alcohol and drug counselors licensed or |
|---|
| 426 | + | 13.24exempt from licensure under chapter 148F who are qualified to provide clinical services to |
|---|
| 427 | + | 13.25children and families; |
|---|
| 428 | + | 13.26 (6) licensed under chapter 245G and in compliance with the applicable requirements in |
|---|
| 429 | + | 13.27chapters 245A, 245C, and 260E; section 626.557; and Minnesota Rules, chapter 9544; or |
|---|
| 430 | + | 13.28 (7) a licensed professional in private practice as defined in section 245G.01, subdivision |
|---|
| 431 | + | 13.2917, who meets the requirements of section 254B.05, subdivision 1, paragraph (b). |
|---|
| 432 | + | 13.30 Subd. 3.Allowable grant activities and related expenses.(a) Allowable grant activities |
|---|
| 433 | + | 13.31and related expenses include but are not limited to: |
|---|
| 434 | + | 13.32 (1) identifying mental health conditions and substance use disorders of students; |
|---|
| 435 | + | 13Article 2 Sec. 4. |
|---|
| 436 | + | REVISOR EB/CH 25-0031102/20/25 14.1 (2) delivering mental health and substance use disorder treatment and supportive services |
|---|
| 437 | + | 14.2to students and their families within the classroom, including via telehealth consistent with |
|---|
| 438 | + | 14.3section 256B.0625, subdivision 3b; |
|---|
| 439 | + | 14.4 (3) delivering therapeutic interventions and customizing an array of supplementary |
|---|
| 440 | + | 14.5learning experiences for students; |
|---|
| 441 | + | 14.6 (4) supporting families in meeting their child's needs, including navigating health care, |
|---|
| 442 | + | 14.7social service, and juvenile justice systems; |
|---|
| 443 | + | 14.8 (5) providing transportation for students receiving behavioral health services when school |
|---|
| 444 | + | 14.9is not in session; |
|---|
| 445 | + | 14.10 (6) building the capacity of schools to meet the needs of students with mental health and |
|---|
| 446 | + | 14.11substance use disorder concerns, including school staff development activities for licensed |
|---|
| 447 | + | 14.12and nonlicensed staff; and |
|---|
| 448 | + | 14.13 (7) purchasing equipment, connection charges, on-site coordination, set-up fees, and |
|---|
| 449 | + | 14.14site fees in order to deliver school-linked behavioral health services via telehealth. |
|---|
| 450 | + | 14.15 (b) Grantees must obtain all available third-party reimbursement sources as a condition |
|---|
| 451 | + | 14.16of receiving grant funds. For purposes of this grant program, a third-party reimbursement |
|---|
| 452 | + | 14.17source does not include a public school as defined in section 120A.20, subdivision 1. Grantees |
|---|
| 453 | + | 14.18shall serve students regardless of health coverage status or ability to pay. |
|---|
| 454 | + | 14.19 Subd. 4.Calculating the share of the appropriation.(a) Grants must be awarded to |
|---|
| 455 | + | 14.20qualifying school units proportionately. |
|---|
| 456 | + | 14.21 (b) The commissioner must calculate the share of the appropriation to be used in each |
|---|
| 457 | + | 14.22qualifying school unit by multiplying the total appropriation going to the grantees by the |
|---|
| 458 | + | 14.23qualifying school unit's average daily membership in a setting of federal instructional level |
|---|
| 459 | + | 14.244 or higher and then dividing by the total average daily membership in a setting of federal |
|---|
| 460 | + | 14.25instructional level 4 or higher for the same year for all qualifying school units. |
|---|
| 461 | + | 14.26 Subd. 5.Data collection and outcome measurement.Grantees must provide data to |
|---|
| 462 | + | 14.27the commissioner for the purpose of evaluating the Intermediate School District Behavioral |
|---|
| 463 | + | 14.28Health Innovation grant program. The commissioner must consult with grantees to develop |
|---|
| 464 | + | 14.29outcome measures for program capacity and performance. |
|---|
| 465 | + | 14Article 2 Sec. 4. |
|---|
| 466 | + | REVISOR EB/CH 25-0031102/20/25 15.1 ARTICLE 3 |
|---|
| 467 | + | 15.2 DIRECT CARE AND TREATMENT |
|---|
| 468 | + | 15.3 Section 1. Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read: |
|---|
| 469 | + | 15.4 Subd. 3.Investigative data.(a) Data on persons, including data on vendors of services, |
|---|
| 470 | + | 15.5licensees, and applicants that is collected, maintained, used, or disseminated by the welfare |
|---|
| 471 | + | 15.6system in an investigation, authorized by statute, and relating to the enforcement of rules |
|---|
| 472 | + | 15.7or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or |
|---|
| 473 | + | 15.8protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and |
|---|
| 474 | + | 15.9shall not be disclosed except: |
|---|
| 475 | + | 15.10 (1) pursuant to section 13.05; |
|---|
| 476 | + | 15.11 (2) pursuant to statute or valid court order; |
|---|
| 477 | + | 15.12 (3) to a party named in a civil or criminal proceeding, administrative or judicial, for |
|---|
| 478 | + | 15.13preparation of defense; |
|---|
| 479 | + | 15.14 (4) to an agent of the welfare system or an investigator acting on behalf of a county, |
|---|
| 480 | + | 15.15state, or federal government, including a law enforcement officer or attorney in the |
|---|
| 481 | + | 15.16investigation or prosecution of a criminal, civil, or administrative proceeding, unless the |
|---|
| 482 | + | 15.17commissioner of human services or; the commissioner of children, youth, and families; or |
|---|
| 483 | + | 15.18the Direct Care and Treatment executive board determines that disclosure may compromise |
|---|
| 484 | + | 15.19a Department of Human Services or; Department of Children, Youth, and Families; or Direct |
|---|
| 485 | + | 15.20Care and Treatment ongoing investigation; or |
|---|
| 486 | + | 15.21 (5) to provide notices required or permitted by statute. |
|---|
| 487 | + | 15.22 The data referred to in this subdivision shall be classified as public data upon submission |
|---|
| 488 | + | 15.23to an administrative law judge or court in an administrative or judicial proceeding. Inactive |
|---|
| 489 | + | 15.24welfare investigative data shall be treated as provided in section 13.39, subdivision 3. |
|---|
| 490 | + | 15.25 (b) Notwithstanding any other provision in law, the commissioner of human services |
|---|
| 491 | + | 15.26shall provide all active and inactive investigative data, including the name of the reporter |
|---|
| 492 | + | 15.27of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for |
|---|
| 493 | + | 15.28mental health and developmental disabilities upon the request of the ombudsman. |
|---|
| 494 | + | 15.29 (c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation |
|---|
| 495 | + | 15.30by the commissioner of human services of possible overpayments of public funds to a service |
|---|
| 496 | + | 15.31provider or recipient may be disclosed if the commissioner determines that it will not |
|---|
| 497 | + | 15.32compromise the investigation. |
|---|
| 498 | + | 15Article 3 Section 1. |
|---|
| 499 | + | REVISOR EB/CH 25-0031102/20/25 16.1 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 500 | + | 16.2 Sec. 2. Minnesota Statutes 2024, section 13.46, subdivision 4, is amended to read: |
|---|
| 501 | + | 16.3 Subd. 4.Licensing data.(a) As used in this subdivision: |
|---|
| 502 | + | 16.4 (1) "licensing data" are all data collected, maintained, used, or disseminated by the |
|---|
| 503 | + | 16.5welfare system pertaining to persons licensed or registered or who apply for licensure or |
|---|
| 504 | + | 16.6registration or who formerly were licensed or registered under the authority of the |
|---|
| 505 | + | 16.7commissioner of human services; |
|---|
| 506 | + | 16.8 (2) "client" means a person who is receiving services from a licensee or from an applicant |
|---|
| 507 | + | 16.9for licensure; and |
|---|
| 508 | + | 16.10 (3) "personal and personal financial data" are Social Security numbers, identity of and |
|---|
| 509 | + | 16.11letters of reference, insurance information, reports from the Bureau of Criminal |
|---|
| 510 | + | 16.12Apprehension, health examination reports, and social/home studies. |
|---|
| 511 | + | 16.13 (b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license |
|---|
| 512 | + | 16.14holders, certification holders, and former licensees are public: name, address, telephone |
|---|
| 513 | + | 16.15number of licensees, email addresses except for family child foster care, date of receipt of |
|---|
| 514 | + | 16.16a completed application, dates of licensure, licensed capacity, type of client preferred, |
|---|
| 515 | + | 16.17variances granted, record of training and education in child care and child development, |
|---|
| 516 | + | 16.18type of dwelling, name and relationship of other family members, previous license history, |
|---|
| 517 | + | 16.19class of license, the existence and status of complaints, and the number of serious injuries |
|---|
| 518 | + | 16.20to or deaths of individuals in the licensed program as reported to the commissioner of human |
|---|
| 519 | + | 16.21services; the commissioner of children, youth, and families; the local social services agency; |
|---|
| 520 | + | 16.22or any other county welfare agency. For purposes of this clause, a serious injury is one that |
|---|
| 521 | + | 16.23is treated by a physician. |
|---|
| 522 | + | 16.24 (ii) Except as provided in item (v), when a correction order, an order to forfeit a fine, |
|---|
| 523 | + | 16.25an order of license suspension, an order of temporary immediate suspension, an order of |
|---|
| 524 | + | 16.26license revocation, an order of license denial, or an order of conditional license has been |
|---|
| 525 | + | 16.27issued, or a complaint is resolved, the following data on current and former licensees and |
|---|
| 526 | + | 16.28applicants are public: the general nature of the complaint or allegations leading to the |
|---|
| 527 | + | 16.29temporary immediate suspension; the substance and investigative findings of the licensing |
|---|
| 528 | + | 16.30or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence |
|---|
| 529 | + | 16.31of settlement negotiations; the record of informal resolution of a licensing violation; orders |
|---|
| 530 | + | 16.32of hearing; findings of fact; conclusions of law; specifications of the final correction order, |
|---|
| 531 | + | 16.33fine, suspension, temporary immediate suspension, revocation, denial, or conditional license |
|---|
| 532 | + | 16Article 3 Sec. 2. |
|---|
| 533 | + | REVISOR EB/CH 25-0031102/20/25 17.1contained in the record of licensing action; whether a fine has been paid; and the status of |
|---|
| 534 | + | 17.2any appeal of these actions. |
|---|
| 535 | + | 17.3 (iii) When a license denial under section 142A.15 or 245A.05 or a sanction under section |
|---|
| 536 | + | 17.4142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling |
|---|
| 537 | + | 17.5individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity |
|---|
| 538 | + | 17.6of the applicant, license holder, or controlling individual as the individual responsible for |
|---|
| 539 | + | 17.7maltreatment is public data at the time of the issuance of the license denial or sanction. |
|---|
| 540 | + | 17.8 (iv) When a license denial under section 142A.15 or 245A.05 or a sanction under section |
|---|
| 541 | + | 17.9142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling |
|---|
| 542 | + | 17.10individual is disqualified under chapter 245C, the identity of the license holder, applicant, |
|---|
| 543 | + | 17.11or controlling individual as the disqualified individual is public data at the time of the |
|---|
| 544 | + | 17.12issuance of the licensing sanction or denial. If the applicant, license holder, or controlling |
|---|
| 545 | + | 17.13individual requests reconsideration of the disqualification and the disqualification is affirmed, |
|---|
| 546 | + | 17.14the reason for the disqualification and the reason to not set aside the disqualification are |
|---|
| 547 | + | 17.15private data. |
|---|
| 548 | + | 17.16 (v) A correction order or fine issued to a child care provider for a licensing violation is |
|---|
| 549 | + | 17.17private data on individuals under section 13.02, subdivision 12, or nonpublic data under |
|---|
| 550 | + | 17.18section 13.02, subdivision 9, if the correction order or fine is seven years old or older. |
|---|
| 551 | + | 17.19 (2) For applicants who withdraw their application prior to licensure or denial of a license, |
|---|
| 552 | + | 17.20the following data are public: the name of the applicant, the city and county in which the |
|---|
| 553 | + | 17.21applicant was seeking licensure, the dates of the commissioner's receipt of the initial |
|---|
| 554 | + | 17.22application and completed application, the type of license sought, and the date of withdrawal |
|---|
| 555 | + | 17.23of the application. |
|---|
| 556 | + | 17.24 (3) For applicants who are denied a license, the following data are public: the name and |
|---|
| 557 | + | 17.25address of the applicant, the city and county in which the applicant was seeking licensure, |
|---|
| 558 | + | 17.26the dates of the commissioner's receipt of the initial application and completed application, |
|---|
| 559 | + | 17.27the type of license sought, the date of denial of the application, the nature of the basis for |
|---|
| 560 | + | 17.28the denial, the existence of settlement negotiations, the record of informal resolution of a |
|---|
| 561 | + | 17.29denial, orders of hearings, findings of fact, conclusions of law, specifications of the final |
|---|
| 562 | + | 17.30order of denial, and the status of any appeal of the denial. |
|---|
| 563 | + | 17.31 (4) When maltreatment is substantiated under section 626.557 or chapter 260E and the |
|---|
| 564 | + | 17.32victim and the substantiated perpetrator are affiliated with a program licensed under chapter |
|---|
| 565 | + | 17.33142B or 245A; the commissioner of human services; commissioner of children, youth, and |
|---|
| 566 | + | 17.34families; local social services agency; or county welfare agency may inform the license |
|---|
| 567 | + | 17Article 3 Sec. 2. |
|---|
| 568 | + | REVISOR EB/CH 25-0031102/20/25 18.1holder where the maltreatment occurred of the identity of the substantiated perpetrator and |
|---|
| 569 | + | 18.2the victim. |
|---|
| 570 | + | 18.3 (5) Notwithstanding clause (1), for child foster care, only the name of the license holder |
|---|
| 571 | + | 18.4and the status of the license are public if the county attorney has requested that data otherwise |
|---|
| 572 | + | 18.5classified as public data under clause (1) be considered private data based on the best interests |
|---|
| 573 | + | 18.6of a child in placement in a licensed program. |
|---|
| 574 | + | 18.7 (c) The following are private data on individuals under section 13.02, subdivision 12, |
|---|
| 575 | + | 18.8or nonpublic data under section 13.02, subdivision 9: personal and personal financial data |
|---|
| 576 | + | 18.9on family day care program and family foster care program applicants and licensees and |
|---|
| 577 | + | 18.10their family members who provide services under the license. |
|---|
| 578 | + | 18.11 (d) The following are private data on individuals: the identity of persons who have made |
|---|
| 579 | + | 18.12reports concerning licensees or applicants that appear in inactive investigative data, and the |
|---|
| 580 | + | 18.13records of clients or employees of the licensee or applicant for licensure whose records are |
|---|
| 581 | + | 18.14received by the licensing agency for purposes of review or in anticipation of a contested |
|---|
| 582 | + | 18.15matter. The names of reporters of complaints or alleged violations of licensing standards |
|---|
| 583 | + | 18.16under chapters 142B, 245A, 245B, 245C, and 245D, and applicable rules and alleged |
|---|
| 584 | + | 18.17maltreatment under section 626.557 and chapter 260E, are confidential data and may be |
|---|
| 585 | + | 18.18disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557, |
|---|
| 586 | + | 18.19subdivision 12b. |
|---|
| 587 | + | 18.20 (e) Data classified as private, confidential, nonpublic, or protected nonpublic under this |
|---|
| 588 | + | 18.21subdivision become public data if submitted to a court or administrative law judge as part |
|---|
| 589 | + | 18.22of a disciplinary proceeding in which there is a public hearing concerning a license which |
|---|
| 590 | + | 18.23has been suspended, immediately suspended, revoked, or denied. |
|---|
| 591 | + | 18.24 (f) Data generated in the course of licensing investigations that relate to an alleged |
|---|
| 592 | + | 18.25violation of law are investigative data under subdivision 3. |
|---|
| 593 | + | 18.26 (g) Data that are not public data collected, maintained, used, or disseminated under this |
|---|
| 594 | + | 18.27subdivision that relate to or are derived from a report as defined in section 260E.03, or |
|---|
| 595 | + | 18.28626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35, |
|---|
| 596 | + | 18.29subdivision 6, and 626.557, subdivision 12b. |
|---|
| 597 | + | 18.30 (h) Upon request, not public data collected, maintained, used, or disseminated under |
|---|
| 598 | + | 18.31this subdivision that relate to or are derived from a report of substantiated maltreatment as |
|---|
| 599 | + | 18.32defined in section 626.557 or chapter 260E may be exchanged with the Department of |
|---|
| 600 | + | 18.33Health for purposes of completing background studies pursuant to section 144.057 and with |
|---|
| 601 | + | 18Article 3 Sec. 2. |
|---|
| 602 | + | REVISOR EB/CH 25-0031102/20/25 19.1the Department of Corrections for purposes of completing background studies pursuant to |
|---|
| 603 | + | 19.2section 241.021. |
|---|
| 604 | + | 19.3 (i) Data on individuals collected according to licensing activities under chapters 142B, |
|---|
| 605 | + | 19.4245A, and 245C, data on individuals collected by the commissioner of human services |
|---|
| 606 | + | 19.5according to investigations under section 626.557 and chapters 142B, 245A, 245B, 245C, |
|---|
| 607 | + | 19.6245D, and 260E may be shared with the Department of Human Rights, the Department of |
|---|
| 608 | + | 19.7Health, the Department of Corrections, the ombudsman for mental health and developmental |
|---|
| 609 | + | 19.8disabilities, and the individual's professional regulatory board when there is reason to believe |
|---|
| 610 | + | 19.9that laws or standards under the jurisdiction of those agencies may have been violated or |
|---|
| 611 | + | 19.10the information may otherwise be relevant to the board's regulatory jurisdiction. Background |
|---|
| 612 | + | 19.11study data on an individual who is the subject of a background study under chapter 245C |
|---|
| 613 | + | 19.12for a licensed service for which the commissioner of human services or; commissioner of |
|---|
| 614 | + | 19.13children, youth, and families; or the Direct Care and Treatment executive board is the license |
|---|
| 615 | + | 19.14holder may be shared with the commissioner and the commissioner's delegate by the licensing |
|---|
| 616 | + | 19.15division. Unless otherwise specified in this chapter, the identity of a reporter of alleged |
|---|
| 617 | + | 19.16maltreatment or licensing violations may not be disclosed. |
|---|
| 618 | + | 19.17 (j) In addition to the notice of determinations required under sections 260E.24, |
|---|
| 619 | + | 19.18subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the |
|---|
| 620 | + | 19.19commissioner of children, youth, and families or the local social services agency has |
|---|
| 621 | + | 19.20determined that an individual is a substantiated perpetrator of maltreatment of a child based |
|---|
| 622 | + | 19.21on sexual abuse, as defined in section 260E.03, and the commissioner or local social services |
|---|
| 623 | + | 19.22agency knows that the individual is a person responsible for a child's care in another facility, |
|---|
| 624 | + | 19.23the commissioner or local social services agency shall notify the head of that facility of this |
|---|
| 625 | + | 19.24determination. The notification must include an explanation of the individual's available |
|---|
| 626 | + | 19.25appeal rights and the status of any appeal. If a notice is given under this paragraph, the |
|---|
| 627 | + | 19.26government entity making the notification shall provide a copy of the notice to the individual |
|---|
| 628 | + | 19.27who is the subject of the notice. |
|---|
| 629 | + | 19.28 (k) All not public data collected, maintained, used, or disseminated under this subdivision |
|---|
| 630 | + | 19.29and subdivision 3 may be exchanged between the Department of Human Services, Licensing |
|---|
| 631 | + | 19.30Division, and the Department of Corrections for purposes of regulating services for which |
|---|
| 632 | + | 19.31the Department of Human Services and the Department of Corrections have regulatory |
|---|
| 633 | + | 19.32authority. |
|---|
| 634 | + | 19.33 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 635 | + | 19Article 3 Sec. 2. |
|---|
| 636 | + | REVISOR EB/CH 25-0031102/20/25 20.1 Sec. 3. Minnesota Statutes 2024, section 15.471, subdivision 6, is amended to read: |
|---|
| 637 | + | 20.2 Subd. 6.Party.(a) Except as modified by paragraph (b), "party" means a person named |
|---|
| 638 | + | 20.3or admitted as a party, or seeking and entitled to be admitted as a party, in a court action or |
|---|
| 639 | + | 20.4contested case proceeding, or a person admitted by an administrative law judge for limited |
|---|
| 640 | + | 20.5purposes, and who is: |
|---|
| 641 | + | 20.6 (1) an unincorporated business, partnership, corporation, association, or organization, |
|---|
| 642 | + | 20.7having not more than 500 employees at the time the civil action was filed or the contested |
|---|
| 643 | + | 20.8case proceeding was initiated; and |
|---|
| 644 | + | 20.9 (2) an unincorporated business, partnership, corporation, association, or organization |
|---|
| 645 | + | 20.10whose annual revenues did not exceed $7,000,000 at the time the civil action was filed or |
|---|
| 646 | + | 20.11the contested case proceeding was initiated. |
|---|
| 647 | + | 20.12 (b) "Party" also includes a partner, officer, shareholder, member, or owner of an entity |
|---|
| 648 | + | 20.13described in paragraph (a), clauses (1) and (2). |
|---|
| 649 | + | 20.14 (c) "Party" does not include a person providing services pursuant to licensure or |
|---|
| 650 | + | 20.15reimbursement on a cost basis by the Department of Health or, the Department of Human |
|---|
| 651 | + | 20.16Services, or Direct Care and Treatment when that person is named or admitted or seeking |
|---|
| 652 | + | 20.17to be admitted as a party in a matter which involves the licensing or reimbursement rates, |
|---|
| 653 | + | 20.18procedures, or methodology applicable to those services. |
|---|
| 654 | + | 20.19 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 655 | + | 20.20Sec. 4. Minnesota Statutes 2024, section 16A.103, subdivision 1j, is amended to read: |
|---|
| 656 | + | 20.21 Subd. 1j.Federal reimbursement for administrative costs.In preparing the forecast |
|---|
| 657 | + | 20.22of state revenues and expenditures under subdivision 1, the commissioner must include |
|---|
| 658 | + | 20.23estimates of the amount of federal reimbursement for administrative costs for the Department |
|---|
| 659 | + | 20.24of Human Services and; the Department of Children, Youth, and Families; and Direct Care |
|---|
| 660 | + | 20.25and Treatment in the forecast as an expenditure reduction. The amount included under this |
|---|
| 661 | + | 20.26subdivision must conform with generally accepted accounting principles. |
|---|
| 662 | + | 20.27 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 663 | + | 20.28Sec. 5. Minnesota Statutes 2024, section 62J.495, subdivision 2, is amended to read: |
|---|
| 664 | + | 20.29 Subd. 2.E-Health Advisory Committee.(a) The commissioner shall establish an |
|---|
| 665 | + | 20.30e-Health Advisory Committee governed by section 15.059 to advise the commissioner on |
|---|
| 666 | + | 20.31the following matters: |
|---|
| 667 | + | 20Article 3 Sec. 5. |
|---|
| 668 | + | REVISOR EB/CH 25-0031102/20/25 21.1 (1) assessment of the adoption and effective use of health information technology by |
|---|
| 669 | + | 21.2the state, licensed health care providers and facilities, and local public health agencies; |
|---|
| 670 | + | 21.3 (2) recommendations for implementing a statewide interoperable health information |
|---|
| 671 | + | 21.4infrastructure, to include estimates of necessary resources, and for determining standards |
|---|
| 672 | + | 21.5for clinical data exchange, clinical support programs, patient privacy requirements, and |
|---|
| 673 | + | 21.6maintenance of the security and confidentiality of individual patient data; |
|---|
| 674 | + | 21.7 (3) recommendations for encouraging use of innovative health care applications using |
|---|
| 675 | + | 21.8information technology and systems to improve patient care and reduce the cost of care, |
|---|
| 676 | + | 21.9including applications relating to disease management and personal health management |
|---|
| 677 | + | 21.10that enable remote monitoring of patients' conditions, especially those with chronic |
|---|
| 678 | + | 21.11conditions; and |
|---|
| 679 | + | 21.12 (4) other related issues as requested by the commissioner. |
|---|
| 680 | + | 21.13 (b) The members of the e-Health Advisory Committee shall include the commissioners, |
|---|
| 681 | + | 21.14or commissioners' designees, of health, human services, administration, and commerce; a |
|---|
| 682 | + | 21.15representative of the Direct Care and Treatment executive board; and additional members |
|---|
| 683 | + | 21.16to be appointed by the commissioner to include persons representing Minnesota's local |
|---|
| 684 | + | 21.17public health agencies, licensed hospitals and other licensed facilities and providers, private |
|---|
| 685 | + | 21.18purchasers, the medical and nursing professions, health insurers and health plans, the state |
|---|
| 686 | + | 21.19quality improvement organization, academic and research institutions, consumer advisory |
|---|
| 687 | + | 21.20organizations with an interest and expertise in health information technology, and other |
|---|
| 688 | + | 21.21stakeholders as identified by the commissioner to fulfill the requirements of section 3013, |
|---|
| 689 | + | 21.22paragraph (g), of the HITECH Act. |
|---|
| 690 | + | 21.23 (c) This subdivision expires June 30, 2031. |
|---|
| 691 | + | 21.24 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 692 | + | 21.25Sec. 6. Minnesota Statutes 2024, section 97A.441, subdivision 3, is amended to read: |
|---|
| 693 | + | 21.26 Subd. 3.Angling; residents of state institutions.The commissioner may issue a license, |
|---|
| 694 | + | 21.27without a fee, to take fish by angling to a person that is a ward of the commissioner of human |
|---|
| 695 | + | 21.28services and a resident of a state institution under the control of the Direct Care and Treatment |
|---|
| 696 | + | 21.29executive board upon application by the commissioner of human services. |
|---|
| 697 | + | 21.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 698 | + | 21Article 3 Sec. 6. |
|---|
| 699 | + | REVISOR EB/CH 25-0031102/20/25 22.1 Sec. 7. Minnesota Statutes 2024, section 144.53, is amended to read: |
|---|
| 700 | + | 22.2 144.53 FEES. |
|---|
| 701 | + | 22.3 Each application for a license, or renewal thereof, to operate a hospital, sanitarium or |
|---|
| 702 | + | 22.4other institution for the hospitalization or care of human beings, within the meaning of |
|---|
| 703 | + | 22.5sections 144.50 to 144.56, except applications by the Minnesota Veterans Home, the |
|---|
| 704 | + | 22.6commissioner of human services Direct Care and Treatment executive board for the licensing |
|---|
| 705 | + | 22.7of state institutions, or by the administrator for the licensing of the University of Minnesota |
|---|
| 706 | + | 22.8hospitals, shall be accompanied by a fee to be prescribed by the state commissioner of health |
|---|
| 707 | + | 22.9pursuant to section 144.122. No fee shall be refunded. Licenses shall expire and shall be |
|---|
| 708 | + | 22.10renewed as prescribed by the commissioner of health pursuant to section 144.122. |
|---|
| 709 | + | 22.11 No license granted hereunder shall be assignable or transferable. |
|---|
| 710 | + | 22.12 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 711 | + | 22.13Sec. 8. Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read: |
|---|
| 712 | + | 22.14 Subd. 2.Definitions.(a) For the purposes of this section, "patient" means a person who |
|---|
| 713 | + | 22.15is admitted to an acute care inpatient facility for a continuous period longer than 24 hours, |
|---|
| 714 | + | 22.16for the purpose of diagnosis or treatment bearing on the physical or mental health of that |
|---|
| 715 | + | 22.17person. For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also |
|---|
| 716 | + | 22.18means a person who receives health care services at an outpatient surgical center or at a |
|---|
| 717 | + | 22.19birth center licensed under section 144.615. "Patient" also means a minor who is admitted |
|---|
| 718 | + | 22.20to a residential program as defined in section 253C.01 paragraph (c). For purposes of |
|---|
| 719 | + | 22.21subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any person who is receiving |
|---|
| 720 | + | 22.22mental health treatment on an outpatient basis or in a community support program or other |
|---|
| 721 | + | 22.23community-based program. |
|---|
| 722 | + | 22.24 (b) "Resident" means a person who is admitted to a nonacute care facility including |
|---|
| 723 | + | 22.25extended care facilities, nursing homes, and boarding care homes for care required because |
|---|
| 724 | + | 22.26of prolonged mental or physical illness or disability, recovery from injury or disease, or |
|---|
| 725 | + | 22.27advancing age. For purposes of all subdivisions except subdivisions 28 and 29, "resident" |
|---|
| 726 | + | 22.28also means a person who is admitted to a facility licensed as a board and lodging facility |
|---|
| 727 | + | 22.29under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care home under sections |
|---|
| 728 | + | 22.30144.50 to 144.56, or a supervised living facility under Minnesota Rules, parts 4665.0100 |
|---|
| 729 | + | 22.31to 4665.9900, and which operates a rehabilitation program licensed under chapter 245G or |
|---|
| 730 | + | 22.32245I, or Minnesota Rules, parts 9530.6510 to 9530.6590. |
|---|
| 731 | + | 22Article 3 Sec. 8. |
|---|
| 732 | + | REVISOR EB/CH 25-0031102/20/25 23.1 (c) "Residential program" means (1) a hospital-based primary treatment program that |
|---|
| 733 | + | 23.2provides residential treatment to minors with emotional disturbance as defined by the |
|---|
| 734 | + | 23.3Comprehensive Children's Mental Health Act in sections 245.487 to 245.4889, or (2) a |
|---|
| 735 | + | 23.4facility licensed by the state under Minnesota Rules, parts 2960.0580 to 2960.0700, to |
|---|
| 736 | + | 23.5provide services to minors on a 24-hour basis. |
|---|
| 737 | + | 23.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 738 | + | 23.7 Sec. 9. Minnesota Statutes 2024, section 144.651, subdivision 4, is amended to read: |
|---|
| 739 | + | 23.8 Subd. 4.Information about rights.Patients and residents shall, at admission, be told |
|---|
| 740 | + | 23.9that there are legal rights for their protection during their stay at the facility or throughout |
|---|
| 741 | + | 23.10their course of treatment and maintenance in the community and that these are described |
|---|
| 742 | + | 23.11in an accompanying written statement of the applicable rights and responsibilities set forth |
|---|
| 743 | + | 23.12in this section. In the case of patients admitted to residential programs as defined in section |
|---|
| 744 | + | 23.13253C.01 subdivision 2, the written statement shall also describe the right of a person 16 |
|---|
| 745 | + | 23.14years old or older to request release as provided in section 253B.04, subdivision 2, and shall |
|---|
| 746 | + | 23.15list the names and telephone numbers of individuals and organizations that provide advocacy |
|---|
| 747 | + | 23.16and legal services for patients in residential programs. Reasonable accommodations shall |
|---|
| 748 | + | 23.17be made for people who have communication disabilities and those who speak a language |
|---|
| 749 | + | 23.18other than English. Current facility policies, inspection findings of state and local health |
|---|
| 750 | + | 23.19authorities, and further explanation of the written statement of rights shall be available to |
|---|
| 751 | + | 23.20patients, residents, their guardians or their chosen representatives upon reasonable request |
|---|
| 752 | + | 23.21to the administrator or other designated staff person, consistent with chapter 13, the Data |
|---|
| 753 | + | 23.22Practices Act, and section 626.557, relating to vulnerable adults. |
|---|
| 754 | + | 23.23 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 755 | + | 23.24Sec. 10. Minnesota Statutes 2024, section 144.651, subdivision 20, is amended to read: |
|---|
| 756 | + | 23.25 Subd. 20.Grievances.Patients and residents shall be encouraged and assisted, throughout |
|---|
| 757 | + | 23.26their stay in a facility or their course of treatment, to understand and exercise their rights |
|---|
| 758 | + | 23.27as patients, residents, and citizens. Patients and residents may voice grievances and |
|---|
| 759 | + | 23.28recommend changes in policies and services to facility staff and others of their choice, free |
|---|
| 760 | + | 23.29from restraint, interference, coercion, discrimination, or reprisal, including threat of discharge. |
|---|
| 761 | + | 23.30Notice of the grievance procedure of the facility or program, as well as addresses and |
|---|
| 762 | + | 23.31telephone numbers for the Office of Health Facility Complaints and the area nursing home |
|---|
| 763 | + | 23.32ombudsman pursuant to the Older Americans Act, section 307(a)(12) shall be posted in a |
|---|
| 764 | + | 23.33conspicuous place. |
|---|
| 765 | + | 23Article 3 Sec. 10. |
|---|
| 766 | + | REVISOR EB/CH 25-0031102/20/25 24.1 Every acute care inpatient facility, every residential program as defined in section |
|---|
| 767 | + | 24.2253C.01 subdivision 2, every nonacute care facility, and every facility employing more |
|---|
| 768 | + | 24.3than two people that provides outpatient mental health services shall have a written internal |
|---|
| 769 | + | 24.4grievance procedure that, at a minimum, sets forth the process to be followed; specifies |
|---|
| 770 | + | 24.5time limits, including time limits for facility response; provides for the patient or resident |
|---|
| 771 | + | 24.6to have the assistance of an advocate; requires a written response to written grievances; and |
|---|
| 772 | + | 24.7provides for a timely decision by an impartial decision maker if the grievance is not otherwise |
|---|
| 773 | + | 24.8resolved. Compliance by hospitals, residential programs as defined in section 253C.01 |
|---|
| 774 | + | 24.9subdivision 2 which are hospital-based primary treatment programs, and outpatient surgery |
|---|
| 775 | + | 24.10centers with section 144.691 and compliance by health maintenance organizations with |
|---|
| 776 | + | 24.11section 62D.11 is deemed to be compliance with the requirement for a written internal |
|---|
| 777 | + | 24.12grievance procedure. |
|---|
| 778 | + | 24.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 779 | + | 24.14Sec. 11. Minnesota Statutes 2024, section 144.651, subdivision 31, is amended to read: |
|---|
| 780 | + | 24.15 Subd. 31.Isolation and restraints.A minor patient who has been admitted to a |
|---|
| 781 | + | 24.16residential program as defined in section 253C.01 subdivision 2 has the right to be free from |
|---|
| 782 | + | 24.17physical restraint and isolation except in emergency situations involving a likelihood that |
|---|
| 783 | + | 24.18the patient will physically harm the patient's self or others. These procedures may not be |
|---|
| 784 | + | 24.19used for disciplinary purposes, to enforce program rules, or for the convenience of staff. |
|---|
| 785 | + | 24.20Isolation or restraint may be used only upon the prior authorization of a physician, advanced |
|---|
| 786 | + | 24.21practice registered nurse, physician assistant, psychiatrist, or licensed psychologist, only |
|---|
| 787 | + | 24.22when less restrictive measures are ineffective or not feasible and only for the shortest time |
|---|
| 788 | + | 24.23necessary. |
|---|
| 789 | + | 24.24 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 790 | + | 24.25Sec. 12. Minnesota Statutes 2024, section 144.651, subdivision 32, is amended to read: |
|---|
| 791 | + | 24.26 Subd. 32.Treatment plan.A minor patient who has been admitted to a residential |
|---|
| 792 | + | 24.27program as defined in section 253C.01 subdivision 2 has the right to a written treatment |
|---|
| 793 | + | 24.28plan that describes in behavioral terms the case problems, the precise goals of the plan, and |
|---|
| 794 | + | 24.29the procedures that will be utilized to minimize the length of time that the minor requires |
|---|
| 795 | + | 24.30inpatient treatment. The plan shall also state goals for release to a less restrictive facility |
|---|
| 796 | + | 24.31and follow-up treatment measures and services, if appropriate. To the degree possible, the |
|---|
| 797 | + | 24.32minor patient and the minor patient's parents or guardian shall be involved in the development |
|---|
| 798 | + | 24.33of the treatment and discharge plan. |
|---|
| 799 | + | 24Article 3 Sec. 12. |
|---|
| 800 | + | REVISOR EB/CH 25-0031102/20/25 25.1 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 801 | + | 25.2 Sec. 13. Minnesota Statutes 2024, section 144A.07, is amended to read: |
|---|
| 802 | + | 25.3 144A.07 FEES. |
|---|
| 803 | + | 25.4 Each application for a license to operate a nursing home, or for a renewal of license, |
|---|
| 804 | + | 25.5except an application by the Minnesota Veterans Home or the commissioner of human |
|---|
| 805 | + | 25.6services Direct Care and Treatment executive board for the licensing of state institutions, |
|---|
| 806 | + | 25.7shall be accompanied by a fee to be prescribed by the commissioner of health pursuant to |
|---|
| 807 | + | 25.8section 144.122. No fee shall be refunded. |
|---|
| 808 | + | 25.9 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 809 | + | 25.10Sec. 14. Minnesota Statutes 2024, section 146A.08, subdivision 4, is amended to read: |
|---|
| 810 | + | 25.11 Subd. 4.Examination; access to medical data.(a) If the commissioner has probable |
|---|
| 811 | + | 25.12cause to believe that an unlicensed complementary and alternative health care practitioner |
|---|
| 812 | + | 25.13has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or (k), the |
|---|
| 813 | + | 25.14commissioner may issue an order directing the practitioner to submit to a mental or physical |
|---|
| 814 | + | 25.15examination or substance use disorder evaluation. For the purpose of this subdivision, every |
|---|
| 815 | + | 25.16unlicensed complementary and alternative health care practitioner is deemed to have |
|---|
| 816 | + | 25.17consented to submit to a mental or physical examination or substance use disorder evaluation |
|---|
| 817 | + | 25.18when ordered to do so in writing by the commissioner and further to have waived all |
|---|
| 818 | + | 25.19objections to the admissibility of the testimony or examination reports of the health care |
|---|
| 819 | + | 25.20provider performing the examination or evaluation on the grounds that the same constitute |
|---|
| 820 | + | 25.21a privileged communication. Failure of an unlicensed complementary and alternative health |
|---|
| 821 | + | 25.22care practitioner to submit to an examination or evaluation when ordered, unless the failure |
|---|
| 822 | + | 25.23was due to circumstances beyond the practitioner's control, constitutes an admission that |
|---|
| 823 | + | 25.24the unlicensed complementary and alternative health care practitioner violated subdivision |
|---|
| 824 | + | 25.251, paragraph (h), (i), (j), or (k), based on the factual specifications in the examination or |
|---|
| 825 | + | 25.26evaluation order and may result in a default and final disciplinary order being entered after |
|---|
| 826 | + | 25.27a contested case hearing. An unlicensed complementary and alternative health care |
|---|
| 827 | + | 25.28practitioner affected under this paragraph shall at reasonable intervals be given an opportunity |
|---|
| 828 | + | 25.29to demonstrate that the practitioner can resume the provision of complementary and |
|---|
| 829 | + | 25.30alternative health care practices with reasonable safety to clients. In any proceeding under |
|---|
| 830 | + | 25.31this paragraph, neither the record of proceedings nor the orders entered by the commissioner |
|---|
| 831 | + | 25.32shall be used against an unlicensed complementary and alternative health care practitioner |
|---|
| 832 | + | 25.33in any other proceeding. |
|---|
| 833 | + | 25Article 3 Sec. 14. |
|---|
| 834 | + | REVISOR EB/CH 25-0031102/20/25 26.1 (b) In addition to ordering a physical or mental examination or substance use disorder |
|---|
| 835 | + | 26.2evaluation, the commissioner may, notwithstanding section 13.384; 144.651; 595.02; or |
|---|
| 836 | + | 26.3any other law limiting access to medical or other health data, obtain medical data and health |
|---|
| 837 | + | 26.4records relating to an unlicensed complementary and alternative health care practitioner |
|---|
| 838 | + | 26.5without the practitioner's consent if the commissioner has probable cause to believe that a |
|---|
| 839 | + | 26.6practitioner has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or |
|---|
| 840 | + | 26.7(k). The medical data may be requested from a provider as defined in section 144.291, |
|---|
| 841 | + | 26.8subdivision 2, paragraph (i), an insurance company, or a government agency, including the |
|---|
| 842 | + | 26.9Department of Human Services and Direct Care and Treatment. A provider, insurance |
|---|
| 843 | + | 26.10company, or government agency shall comply with any written request of the commissioner |
|---|
| 844 | + | 26.11under this subdivision and is not liable in any action for damages for releasing the data |
|---|
| 845 | + | 26.12requested by the commissioner if the data are released pursuant to a written request under |
|---|
| 846 | + | 26.13this subdivision, unless the information is false and the person or organization giving the |
|---|
| 847 | + | 26.14information knew or had reason to believe the information was false. Information obtained |
|---|
| 848 | + | 26.15under this subdivision is private data under section 13.41. |
|---|
| 849 | + | 26.16 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 850 | + | 26.17Sec. 15. Minnesota Statutes 2024, section 147.091, subdivision 6, is amended to read: |
|---|
| 851 | + | 26.18 Subd. 6.Mental examination; access to medical data.(a) If the board has probable |
|---|
| 852 | + | 26.19cause to believe that a regulated person comes under subdivision 1, paragraph (1), it may |
|---|
| 853 | + | 26.20direct the person to submit to a mental or physical examination. For the purpose of this |
|---|
| 854 | + | 26.21subdivision every regulated person is deemed to have consented to submit to a mental or |
|---|
| 855 | + | 26.22physical examination when directed in writing by the board and further to have waived all |
|---|
| 856 | + | 26.23objections to the admissibility of the examining physicians' testimony or examination reports |
|---|
| 857 | + | 26.24on the ground that the same constitute a privileged communication. Failure of a regulated |
|---|
| 858 | + | 26.25person to submit to an examination when directed constitutes an admission of the allegations |
|---|
| 859 | + | 26.26against the person, unless the failure was due to circumstance beyond the person's control, |
|---|
| 860 | + | 26.27in which case a default and final order may be entered without the taking of testimony or |
|---|
| 861 | + | 26.28presentation of evidence. A regulated person affected under this paragraph shall at reasonable |
|---|
| 862 | + | 26.29intervals be given an opportunity to demonstrate that the person can resume the competent |
|---|
| 863 | + | 26.30practice of the regulated profession with reasonable skill and safety to the public. |
|---|
| 864 | + | 26.31 In any proceeding under this paragraph, neither the record of proceedings nor the orders |
|---|
| 865 | + | 26.32entered by the board shall be used against a regulated person in any other proceeding. |
|---|
| 866 | + | 26.33 (b) In addition to ordering a physical or mental examination, the board may, |
|---|
| 867 | + | 26.34notwithstanding section 13.384, 144.651, or any other law limiting access to medical or |
|---|
| 868 | + | 26Article 3 Sec. 15. |
|---|
| 869 | + | REVISOR EB/CH 25-0031102/20/25 27.1other health data, obtain medical data and health records relating to a regulated person or |
|---|
| 870 | + | 27.2applicant without the person's or applicant's consent if the board has probable cause to |
|---|
| 871 | + | 27.3believe that a regulated person comes under subdivision 1, paragraph (1). The medical data |
|---|
| 872 | + | 27.4may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph |
|---|
| 873 | + | 27.5(i), an insurance company, or a government agency, including the Department of Human |
|---|
| 874 | + | 27.6Services and Direct Care and Treatment. A provider, insurance company, or government |
|---|
| 875 | + | 27.7agency shall comply with any written request of the board under this subdivision and is not |
|---|
| 876 | + | 27.8liable in any action for damages for releasing the data requested by the board if the data are |
|---|
| 877 | + | 27.9released pursuant to a written request under this subdivision, unless the information is false |
|---|
| 878 | + | 27.10and the provider giving the information knew, or had reason to believe, the information was |
|---|
| 879 | + | 27.11false. Information obtained under this subdivision is classified as private under sections |
|---|
| 880 | + | 27.1213.01 to 13.87. |
|---|
| 881 | + | 27.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 882 | + | 27.14Sec. 16. Minnesota Statutes 2024, section 147A.13, subdivision 6, is amended to read: |
|---|
| 883 | + | 27.15 Subd. 6.Mental examination; access to medical data.(a) If the board has probable |
|---|
| 884 | + | 27.16cause to believe that a physician assistant comes under subdivision 1, clause (1), it may |
|---|
| 885 | + | 27.17direct the physician assistant to submit to a mental or physical examination. For the purpose |
|---|
| 886 | + | 27.18of this subdivision, every physician assistant licensed under this chapter is deemed to have |
|---|
| 887 | + | 27.19consented to submit to a mental or physical examination when directed in writing by the |
|---|
| 888 | + | 27.20board and further to have waived all objections to the admissibility of the examining |
|---|
| 889 | + | 27.21physicians' testimony or examination reports on the ground that the same constitute a |
|---|
| 890 | + | 27.22privileged communication. Failure of a physician assistant to submit to an examination |
|---|
| 891 | + | 27.23when directed constitutes an admission of the allegations against the physician assistant, |
|---|
| 892 | + | 27.24unless the failure was due to circumstance beyond the physician assistant's control, in which |
|---|
| 893 | + | 27.25case a default and final order may be entered without the taking of testimony or presentation |
|---|
| 894 | + | 27.26of evidence. A physician assistant affected under this subdivision shall at reasonable intervals |
|---|
| 895 | + | 27.27be given an opportunity to demonstrate that the physician assistant can resume competent |
|---|
| 896 | + | 27.28practice with reasonable skill and safety to patients. In any proceeding under this subdivision, |
|---|
| 897 | + | 27.29neither the record of proceedings nor the orders entered by the board shall be used against |
|---|
| 898 | + | 27.30a physician assistant in any other proceeding. |
|---|
| 899 | + | 27.31 (b) In addition to ordering a physical or mental examination, the board may, |
|---|
| 900 | + | 27.32notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or |
|---|
| 901 | + | 27.33other health data, obtain medical data and health records relating to a licensee or applicant |
|---|
| 902 | + | 27Article 3 Sec. 16. |
|---|
| 903 | + | REVISOR EB/CH 25-0031102/20/25 28.1without the licensee's or applicant's consent if the board has probable cause to believe that |
|---|
| 904 | + | 28.2a physician assistant comes under subdivision 1, clause (1). |
|---|
| 905 | + | 28.3 The medical data may be requested from a provider, as defined in section 144.291, |
|---|
| 906 | + | 28.4subdivision 2, paragraph (i), an insurance company, or a government agency, including the |
|---|
| 907 | + | 28.5Department of Human Services and Direct Care and Treatment. A provider, insurance |
|---|
| 908 | + | 28.6company, or government agency shall comply with any written request of the board under |
|---|
| 909 | + | 28.7this subdivision and is not liable in any action for damages for releasing the data requested |
|---|
| 910 | + | 28.8by the board if the data are released pursuant to a written request under this subdivision, |
|---|
| 911 | + | 28.9unless the information is false and the provider giving the information knew, or had reason |
|---|
| 912 | + | 28.10to believe, the information was false. Information obtained under this subdivision is classified |
|---|
| 913 | + | 28.11as private under chapter 13. |
|---|
| 914 | + | 28.12 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 915 | + | 28.13Sec. 17. Minnesota Statutes 2024, section 148.10, subdivision 1, is amended to read: |
|---|
| 916 | + | 28.14 Subdivision 1.Grounds.(a) The state Board of Chiropractic Examiners may refuse to |
|---|
| 917 | + | 28.15grant, or may revoke, suspend, condition, limit, restrict or qualify a license to practice |
|---|
| 918 | + | 28.16chiropractic, or may cause the name of a person licensed to be removed from the records |
|---|
| 919 | + | 28.17in the office of the court administrator of the district court for: |
|---|
| 920 | + | 28.18 (1) advertising that is false or misleading; that violates a rule of the board; or that claims |
|---|
| 921 | + | 28.19the cure of any condition or disease; |
|---|
| 922 | + | 28.20 (2) the employment of fraud or deception in applying for a license or in passing the |
|---|
| 923 | + | 28.21examination provided for in section 148.06 or conduct which subverts or attempts to subvert |
|---|
| 924 | + | 28.22the licensing examination process; |
|---|
| 925 | + | 28.23 (3) the practice of chiropractic under a false or assumed name or the impersonation of |
|---|
| 926 | + | 28.24another practitioner of like or different name; |
|---|
| 927 | + | 28.25 (4) the conviction of a crime involving moral turpitude; |
|---|
| 928 | + | 28.26 (5) the conviction, during the previous five years, of a felony reasonably related to the |
|---|
| 929 | + | 28.27practice of chiropractic; |
|---|
| 930 | + | 28.28 (6) habitual intemperance in the use of alcohol or drugs; |
|---|
| 931 | + | 28.29 (7) practicing under a license which has not been renewed; |
|---|
| 932 | + | 28.30 (8) advanced physical or mental disability; |
|---|
| 933 | + | 28Article 3 Sec. 17. |
|---|
| 934 | + | REVISOR EB/CH 25-0031102/20/25 29.1 (9) the revocation or suspension of a license to practice chiropractic; or other disciplinary |
|---|
| 935 | + | 29.2action against the licensee; or the denial of an application for a license by the proper licensing |
|---|
| 936 | + | 29.3authority of another state, territory or country; or failure to report to the board that charges |
|---|
| 937 | + | 29.4regarding the person's license have been brought in another state or jurisdiction; |
|---|
| 938 | + | 29.5 (10) the violation of, or failure to comply with, the provisions of sections 148.01 to |
|---|
| 939 | + | 29.6148.105, the rules of the state Board of Chiropractic Examiners, or a lawful order of the |
|---|
| 940 | + | 29.7board; |
|---|
| 941 | + | 29.8 (11) unprofessional conduct; |
|---|
| 942 | + | 29.9 (12) being unable to practice chiropractic with reasonable skill and safety to patients by |
|---|
| 943 | + | 29.10reason of illness, professional incompetence, senility, drunkenness, use of drugs, narcotics, |
|---|
| 944 | + | 29.11chemicals or any other type of material, or as a result of any mental or physical condition, |
|---|
| 945 | + | 29.12including deterioration through the aging process or loss of motor skills. If the board has |
|---|
| 946 | + | 29.13probable cause to believe that a person comes within this clause, it shall direct the person |
|---|
| 947 | + | 29.14to submit to a mental or physical examination. For the purpose of this clause, every person |
|---|
| 948 | + | 29.15licensed under this chapter shall be deemed to have given consent to submit to a mental or |
|---|
| 949 | + | 29.16physical examination when directed in writing by the board and further to have waived all |
|---|
| 950 | + | 29.17objections to the admissibility of the examining physicians' testimony or examination reports |
|---|
| 951 | + | 29.18on the ground that the same constitute a privileged communication. Failure of a person to |
|---|
| 952 | + | 29.19submit to such examination when directed shall constitute an admission of the allegations, |
|---|
| 953 | + | 29.20unless the failure was due to circumstances beyond the person's control, in which case a |
|---|
| 954 | + | 29.21default and final order may be entered without the taking of testimony or presentation of |
|---|
| 955 | + | 29.22evidence. A person affected under this clause shall at reasonable intervals be afforded an |
|---|
| 956 | + | 29.23opportunity to demonstrate that the person can resume the competent practice of chiropractic |
|---|
| 957 | + | 29.24with reasonable skill and safety to patients. |
|---|
| 958 | + | 29.25 In addition to ordering a physical or mental examination, the board may, notwithstanding |
|---|
| 959 | + | 29.26section 13.384, 144.651, or any other law limiting access to health data, obtain health data |
|---|
| 960 | + | 29.27and health records relating to a licensee or applicant without the licensee's or applicant's |
|---|
| 961 | + | 29.28consent if the board has probable cause to believe that a doctor of chiropractic comes under |
|---|
| 962 | + | 29.29this clause. The health data may be requested from a provider, as defined in section 144.291, |
|---|
| 963 | + | 29.30subdivision 2, paragraph (i), an insurance company, or a government agency, including the |
|---|
| 964 | + | 29.31Department of Human Services and Direct Care and Treatment. A provider, insurance |
|---|
| 965 | + | 29.32company, or government agency shall comply with any written request of the board under |
|---|
| 966 | + | 29.33this subdivision and is not liable in any action for damages for releasing the data requested |
|---|
| 967 | + | 29.34by the board if the data are released pursuant to a written request under this subdivision, |
|---|
| 968 | + | 29.35unless the information is false and the provider or entity giving the information knew, or |
|---|
| 969 | + | 29Article 3 Sec. 17. |
|---|
| 970 | + | REVISOR EB/CH 25-0031102/20/25 30.1had reason to believe, the information was false. Information obtained under this subdivision |
|---|
| 971 | + | 30.2is classified as private under sections 13.01 to 13.87. |
|---|
| 972 | + | 30.3 In any proceeding under this clause, neither the record of proceedings nor the orders |
|---|
| 973 | + | 30.4entered by the board shall be used against a person in any other proceeding; |
|---|
| 974 | + | 30.5 (13) aiding or abetting an unlicensed person in the practice of chiropractic, except that |
|---|
| 975 | + | 30.6it is not a violation of this clause for a doctor of chiropractic to employ, supervise, or delegate |
|---|
| 976 | + | 30.7functions to a qualified person who may or may not be required to obtain a license or |
|---|
| 977 | + | 30.8registration to provide health services if that person is practicing within the scope of the |
|---|
| 978 | + | 30.9license or registration or delegated authority; |
|---|
| 979 | + | 30.10 (14) improper management of health records, including failure to maintain adequate |
|---|
| 980 | + | 30.11health records as described in clause (18), to comply with a patient's request made under |
|---|
| 981 | + | 30.12sections 144.291 to 144.298 or to furnish a health record or report required by law; |
|---|
| 982 | + | 30.13 (15) failure to make reports required by section 148.102, subdivisions 2 and 5, or to |
|---|
| 983 | + | 30.14cooperate with an investigation of the board as required by section 148.104, or the submission |
|---|
| 984 | + | 30.15of a knowingly false report against another doctor of chiropractic under section 148.10, |
|---|
| 985 | + | 30.16subdivision 3; |
|---|
| 986 | + | 30.17 (16) splitting fees, or promising to pay a portion of a fee or a commission, or accepting |
|---|
| 987 | + | 30.18a rebate; |
|---|
| 988 | + | 30.19 (17) revealing a privileged communication from or relating to a patient, except when |
|---|
| 989 | + | 30.20otherwise required or permitted by law; |
|---|
| 990 | + | 30.21 (18) failing to keep written chiropractic records justifying the course of treatment of the |
|---|
| 991 | + | 30.22patient, including, but not limited to, patient histories, examination results, test results, and |
|---|
| 992 | + | 30.23x-rays. Unless otherwise required by law, written records need not be retained for more |
|---|
| 993 | + | 30.24than seven years and x-rays need not be retained for more than four years; |
|---|
| 994 | + | 30.25 (19) exercising influence on the patient or client in such a manner as to exploit the patient |
|---|
| 995 | + | 30.26or client for financial gain of the licensee or of a third party which shall include, but not be |
|---|
| 996 | + | 30.27limited to, the promotion or sale of services, goods, or appliances; |
|---|
| 997 | + | 30.28 (20) gross or repeated malpractice or the failure to practice chiropractic at a level of |
|---|
| 998 | + | 30.29care, skill, and treatment which is recognized by a reasonably prudent chiropractor as being |
|---|
| 999 | + | 30.30acceptable under similar conditions and circumstances; or |
|---|
| 1000 | + | 30.31 (21) delegating professional responsibilities to a person when the licensee delegating |
|---|
| 1001 | + | 30.32such responsibilities knows or has reason to know that the person is not qualified by training, |
|---|
| 1002 | + | 30.33experience, or licensure to perform them. |
|---|
| 1003 | + | 30Article 3 Sec. 17. |
|---|
| 1004 | + | REVISOR EB/CH 25-0031102/20/25 31.1 (b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts to |
|---|
| 1005 | + | 31.2subvert the licensing examination process includes, but is not limited to: (1) conduct that |
|---|
| 1006 | + | 31.3violates the security of the examination materials, such as removing examination materials |
|---|
| 1007 | + | 31.4from the examination room or having unauthorized possession of any portion of a future, |
|---|
| 1008 | + | 31.5current, or previously administered licensing examination; (2) conduct that violates the |
|---|
| 1009 | + | 31.6standard of test administration, such as communicating with another examinee during |
|---|
| 1010 | + | 31.7administration of the examination, copying another examinee's answers, permitting another |
|---|
| 1011 | + | 31.8examinee to copy one's answers, or possessing unauthorized materials; or (3) impersonating |
|---|
| 1012 | + | 31.9an examinee or permitting an impersonator to take the examination on one's own behalf. |
|---|
| 1013 | + | 31.10 (c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these |
|---|
| 1014 | + | 31.11subdivisions includes a conviction of an offense that if committed in this state would be |
|---|
| 1015 | + | 31.12deemed a felony without regard to its designation elsewhere, or a criminal proceeding where |
|---|
| 1016 | + | 31.13a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld |
|---|
| 1017 | + | 31.14or not entered. |
|---|
| 1018 | + | 31.15 (d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment |
|---|
| 1019 | + | 31.16or proceeding under seal of the administrator of the court or of the administrative agency |
|---|
| 1020 | + | 31.17which entered the same shall be admissible into evidence without further authentication |
|---|
| 1021 | + | 31.18and shall constitute prima facie evidence of its contents. |
|---|
| 1022 | + | 31.19 (e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any |
|---|
| 1023 | + | 31.20unethical, deceptive or deleterious conduct or practice harmful to the public, any departure |
|---|
| 1024 | + | 31.21from or the failure to conform to the minimal standards of acceptable chiropractic practice, |
|---|
| 1025 | + | 31.22or a willful or careless disregard for the health, welfare or safety of patients, in any of which |
|---|
| 1026 | + | 31.23cases proof of actual injury need not be established. Unprofessional conduct shall include, |
|---|
| 1027 | + | 31.24but not be limited to, the following acts of a chiropractor: |
|---|
| 1028 | + | 31.25 (1) gross ignorance of, or incompetence in, the practice of chiropractic; |
|---|
| 1029 | + | 31.26 (2) engaging in conduct with a patient that is sexual or may reasonably be interpreted |
|---|
| 1030 | + | 31.27by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning |
|---|
| 1031 | + | 31.28to a patient; |
|---|
| 1032 | + | 31.29 (3) performing unnecessary services; |
|---|
| 1033 | + | 31.30 (4) charging a patient an unconscionable fee or charging for services not rendered; |
|---|
| 1034 | + | 31.31 (5) directly or indirectly engaging in threatening, dishonest, or misleading fee collection |
|---|
| 1035 | + | 31.32techniques; |
|---|
| 1036 | + | 31Article 3 Sec. 17. |
|---|
| 1037 | + | REVISOR EB/CH 25-0031102/20/25 32.1 (6) perpetrating fraud upon patients, third-party payors, or others, relating to the practice |
|---|
| 1038 | + | 32.2of chiropractic, including violations of the Medicare or Medicaid laws or state medical |
|---|
| 1039 | + | 32.3assistance laws; |
|---|
| 1040 | + | 32.4 (7) advertising that the licensee will accept for services rendered assigned payments |
|---|
| 1041 | + | 32.5from any third-party payer as payment in full, if the effect is to give the impression of |
|---|
| 1042 | + | 32.6eliminating the need of payment by the patient of any required deductible or co-payment |
|---|
| 1043 | + | 32.7applicable in the patient's health benefit plan. As used in this clause, "advertise" means |
|---|
| 1044 | + | 32.8solicitation by the licensee by means of handbills, posters, circulars, motion pictures, radio, |
|---|
| 1045 | + | 32.9newspapers, television, or in any other manner. In addition to the board's power to punish |
|---|
| 1046 | + | 32.10for violations of this clause, violation of this clause is also a misdemeanor; |
|---|
| 1047 | + | 32.11 (8) accepting for services rendered assigned payments from any third-party payer as |
|---|
| 1048 | + | 32.12payment in full, if the effect is to eliminate the need of payment by the patient of any required |
|---|
| 1049 | + | 32.13deductible or co-payment applicable in the patient's health benefit plan, except as hereinafter |
|---|
| 1050 | + | 32.14provided; and |
|---|
| 1051 | + | 32.15 (9) any other act that the board by rule may define. |
|---|
| 1052 | + | 32.16 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1053 | + | 32.17Sec. 18. Minnesota Statutes 2024, section 148.261, subdivision 5, is amended to read: |
|---|
| 1054 | + | 32.18 Subd. 5.Examination; access to medical data.The board may take the following |
|---|
| 1055 | + | 32.19actions if it has probable cause to believe that grounds for disciplinary action exist under |
|---|
| 1056 | + | 32.20subdivision 1, clause (9) or (10): |
|---|
| 1057 | + | 32.21 (a) It may direct the applicant or nurse to submit to a mental or physical examination or |
|---|
| 1058 | + | 32.22substance use disorder evaluation. For the purpose of this subdivision, when a nurse licensed |
|---|
| 1059 | + | 32.23under sections 148.171 to 148.285 is directed in writing by the board to submit to a mental |
|---|
| 1060 | + | 32.24or physical examination or substance use disorder evaluation, that person is considered to |
|---|
| 1061 | + | 32.25have consented and to have waived all objections to admissibility on the grounds of privilege. |
|---|
| 1062 | + | 32.26Failure of the applicant or nurse to submit to an examination when directed constitutes an |
|---|
| 1063 | + | 32.27admission of the allegations against the applicant or nurse, unless the failure was due to |
|---|
| 1064 | + | 32.28circumstances beyond the person's control, and the board may enter a default and final order |
|---|
| 1065 | + | 32.29without taking testimony or allowing evidence to be presented. A nurse affected under this |
|---|
| 1066 | + | 32.30paragraph shall, at reasonable intervals, be given an opportunity to demonstrate that the |
|---|
| 1067 | + | 32.31competent practice of professional, advanced practice registered, or practical nursing can |
|---|
| 1068 | + | 32.32be resumed with reasonable skill and safety to patients. Neither the record of proceedings |
|---|
| 1069 | + | 32Article 3 Sec. 18. |
|---|
| 1070 | + | REVISOR EB/CH 25-0031102/20/25 33.1nor the orders entered by the board in a proceeding under this paragraph, may be used |
|---|
| 1071 | + | 33.2against a nurse in any other proceeding. |
|---|
| 1072 | + | 33.3 (b) It may, notwithstanding sections 13.384, 144.651, 595.02, or any other law limiting |
|---|
| 1073 | + | 33.4access to medical or other health data, obtain medical data and health records relating to a |
|---|
| 1074 | + | 33.5registered nurse, advanced practice registered nurse, licensed practical nurse, or applicant |
|---|
| 1075 | + | 33.6for a license without that person's consent. The medical data may be requested from a |
|---|
| 1076 | + | 33.7provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, |
|---|
| 1077 | + | 33.8or a government agency, including the Department of Human Services and Direct Care and |
|---|
| 1078 | + | 33.9Treatment. A provider, insurance company, or government agency shall comply with any |
|---|
| 1079 | + | 33.10written request of the board under this subdivision and is not liable in any action for damages |
|---|
| 1080 | + | 33.11for releasing the data requested by the board if the data are released pursuant to a written |
|---|
| 1081 | + | 33.12request under this subdivision unless the information is false and the provider giving the |
|---|
| 1082 | + | 33.13information knew, or had reason to believe, the information was false. Information obtained |
|---|
| 1083 | + | 33.14under this subdivision is classified as private data on individuals as defined in section 13.02. |
|---|
| 1084 | + | 33.15 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1085 | + | 33.16Sec. 19. Minnesota Statutes 2024, section 148.754, is amended to read: |
|---|
| 1086 | + | 33.17 148.754 EXAMINATION; ACCESS TO MEDICAL DATA. |
|---|
| 1087 | + | 33.18 (a) If the board has probable cause to believe that a licensee comes under section 148.75, |
|---|
| 1088 | + | 33.19paragraph (a), clause (2), it may direct the licensee to submit to a mental or physical |
|---|
| 1089 | + | 33.20examination. For the purpose of this paragraph, every licensee is deemed to have consented |
|---|
| 1090 | + | 33.21to submit to a mental or physical examination when directed in writing by the board and |
|---|
| 1091 | + | 33.22further to have waived all objections to the admissibility of the examining physicians' |
|---|
| 1092 | + | 33.23testimony or examination reports on the ground that they constitute a privileged |
|---|
| 1093 | + | 33.24communication. Failure of the licensee to submit to an examination when directed constitutes |
|---|
| 1094 | + | 33.25an admission of the allegations against the person, unless the failure was due to circumstances |
|---|
| 1095 | + | 33.26beyond the person's control, in which case a default and final order may be entered without |
|---|
| 1096 | + | 33.27the taking of testimony or presentation of evidence. A licensee affected under this paragraph |
|---|
| 1097 | + | 33.28shall, at reasonable intervals, be given an opportunity to demonstrate that the person can |
|---|
| 1098 | + | 33.29resume the competent practice of physical therapy with reasonable skill and safety to the |
|---|
| 1099 | + | 33.30public. |
|---|
| 1100 | + | 33.31 (b) In any proceeding under paragraph (a), neither the record of proceedings nor the |
|---|
| 1101 | + | 33.32orders entered by the board shall be used against a licensee in any other proceeding. |
|---|
| 1102 | + | 33Article 3 Sec. 19. |
|---|
| 1103 | + | REVISOR EB/CH 25-0031102/20/25 34.1 (c) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1104 | + | 34.2notwithstanding section 13.384, 144.651, or any other law limiting access to medical or |
|---|
| 1105 | + | 34.3other health data, obtain medical data and health records relating to a licensee or applicant |
|---|
| 1106 | + | 34.4without the person's or applicant's consent if the board has probable cause to believe that |
|---|
| 1107 | + | 34.5the person comes under paragraph (a). The medical data may be requested from a provider, |
|---|
| 1108 | + | 34.6as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, or a |
|---|
| 1109 | + | 34.7government agency, including the Department of Human Services and Direct Care and |
|---|
| 1110 | + | 34.8Treatment. A provider, insurance company, or government agency shall comply with any |
|---|
| 1111 | + | 34.9written request of the board under this paragraph and is not liable in any action for damages |
|---|
| 1112 | + | 34.10for releasing the data requested by the board if the data are released pursuant to a written |
|---|
| 1113 | + | 34.11request under this paragraph, unless the information is false and the provider giving the |
|---|
| 1114 | + | 34.12information knew, or had reason to believe, the information was false. Information obtained |
|---|
| 1115 | + | 34.13under this paragraph is classified as private under sections 13.01 to 13.87. |
|---|
| 1116 | + | 34.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1117 | + | 34.15Sec. 20. Minnesota Statutes 2024, section 148B.5905, is amended to read: |
|---|
| 1118 | + | 34.16 148B.5905 MENTAL, PHYSICAL, OR SUBSTANCE USE DISORDER |
|---|
| 1119 | + | 34.17EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA. |
|---|
| 1120 | + | 34.18 (a) If the board has probable cause to believe section 148B.59, paragraph (a), clause (9), |
|---|
| 1121 | + | 34.19applies to a licensee or applicant, the board may direct the person to submit to a mental, |
|---|
| 1122 | + | 34.20physical, or substance use disorder examination or evaluation. For the purpose of this section, |
|---|
| 1123 | + | 34.21every licensee and applicant is deemed to have consented to submit to a mental, physical, |
|---|
| 1124 | + | 34.22or substance use disorder examination or evaluation when directed in writing by the board |
|---|
| 1125 | + | 34.23and to have waived all objections to the admissibility of the examining professionals' |
|---|
| 1126 | + | 34.24testimony or examination reports on the grounds that the testimony or examination reports |
|---|
| 1127 | + | 34.25constitute a privileged communication. Failure of a licensee or applicant to submit to an |
|---|
| 1128 | + | 34.26examination when directed by the board constitutes an admission of the allegations against |
|---|
| 1129 | + | 34.27the person, unless the failure was due to circumstances beyond the person's control, in which |
|---|
| 1130 | + | 34.28case a default and final order may be entered without the taking of testimony or presentation |
|---|
| 1131 | + | 34.29of evidence. A licensee or applicant affected under this paragraph shall at reasonable intervals |
|---|
| 1132 | + | 34.30be given an opportunity to demonstrate that the person can resume the competent practice |
|---|
| 1133 | + | 34.31of licensed professional counseling with reasonable skill and safety to the public. In any |
|---|
| 1134 | + | 34.32proceeding under this paragraph, neither the record of proceedings nor the orders entered |
|---|
| 1135 | + | 34.33by the board shall be used against a licensee or applicant in any other proceeding. |
|---|
| 1136 | + | 34Article 3 Sec. 20. |
|---|
| 1137 | + | REVISOR EB/CH 25-0031102/20/25 35.1 (b) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1138 | + | 35.2notwithstanding section 13.384, 144.651, or any other law limiting access to medical or |
|---|
| 1139 | + | 35.3other health data, obtain medical data and health records relating to a licensee or applicant |
|---|
| 1140 | + | 35.4without the licensee's or applicant's consent if the board has probable cause to believe that |
|---|
| 1141 | + | 35.5section 148B.59, paragraph (a), clause (9), applies to the licensee or applicant. The medical |
|---|
| 1142 | + | 35.6data may be requested from a provider, as defined in section 144.291, subdivision 2, |
|---|
| 1143 | + | 35.7paragraph (i); an insurance company; or a government agency, including the Department |
|---|
| 1144 | + | 35.8of Human Services and Direct Care and Treatment. A provider, insurance company, or |
|---|
| 1145 | + | 35.9government agency shall comply with any written request of the board under this subdivision |
|---|
| 1146 | + | 35.10and is not liable in any action for damages for releasing the data requested by the board if |
|---|
| 1147 | + | 35.11the data are released pursuant to a written request under this subdivision, unless the |
|---|
| 1148 | + | 35.12information is false and the provider giving the information knew, or had reason to believe, |
|---|
| 1149 | + | 35.13the information was false. Information obtained under this subdivision is classified as private |
|---|
| 1150 | + | 35.14under sections 13.01 to 13.87. |
|---|
| 1151 | + | 35.15 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1152 | + | 35.16Sec. 21. Minnesota Statutes 2024, section 148F.09, subdivision 6, is amended to read: |
|---|
| 1153 | + | 35.17 Subd. 6.Mental, physical, or chemical health evaluation.(a) If the board has probable |
|---|
| 1154 | + | 35.18cause to believe that an applicant or licensee is unable to practice alcohol and drug counseling |
|---|
| 1155 | + | 35.19with reasonable skill and safety due to a mental or physical illness or condition, the board |
|---|
| 1156 | + | 35.20may direct the individual to submit to a mental, physical, or chemical dependency |
|---|
| 1157 | + | 35.21examination or evaluation. |
|---|
| 1158 | + | 35.22 (1) For the purposes of this section, every licensee and applicant is deemed to have |
|---|
| 1159 | + | 35.23consented to submit to a mental, physical, or chemical dependency examination or evaluation |
|---|
| 1160 | + | 35.24when directed in writing by the board and to have waived all objections to the admissibility |
|---|
| 1161 | + | 35.25of the examining professionals' testimony or examination reports on the grounds that the |
|---|
| 1162 | + | 35.26testimony or examination reports constitute a privileged communication. |
|---|
| 1163 | + | 35.27 (2) Failure of a licensee or applicant to submit to an examination when directed by the |
|---|
| 1164 | + | 35.28board constitutes an admission of the allegations against the person, unless the failure was |
|---|
| 1165 | + | 35.29due to circumstances beyond the person's control, in which case a default and final order |
|---|
| 1166 | + | 35.30may be entered without the taking of testimony or presentation of evidence. |
|---|
| 1167 | + | 35.31 (3) A licensee or applicant affected under this subdivision shall at reasonable intervals |
|---|
| 1168 | + | 35.32be given an opportunity to demonstrate that the licensee or applicant can resume the |
|---|
| 1169 | + | 35.33competent practice of licensed alcohol and drug counseling with reasonable skill and safety |
|---|
| 1170 | + | 35.34to the public. |
|---|
| 1171 | + | 35Article 3 Sec. 21. |
|---|
| 1172 | + | REVISOR EB/CH 25-0031102/20/25 36.1 (4) In any proceeding under this subdivision, neither the record of proceedings nor the |
|---|
| 1173 | + | 36.2orders entered by the board shall be used against the licensee or applicant in any other |
|---|
| 1174 | + | 36.3proceeding. |
|---|
| 1175 | + | 36.4 (b) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1176 | + | 36.5notwithstanding section 13.384 or sections 144.291 to 144.298, or any other law limiting |
|---|
| 1177 | + | 36.6access to medical or other health data, obtain medical data and health records relating to a |
|---|
| 1178 | + | 36.7licensee or applicant without the licensee's or applicant's consent if the board has probable |
|---|
| 1179 | + | 36.8cause to believe that subdivision 1, clause (9), applies to the licensee or applicant. The |
|---|
| 1180 | + | 36.9medical data may be requested from: |
|---|
| 1181 | + | 36.10 (1) a provider, as defined in section 144.291, subdivision 2, paragraph (i); |
|---|
| 1182 | + | 36.11 (2) an insurance company; or |
|---|
| 1183 | + | 36.12 (3) a government agency, including the Department of Human Services and Direct Care |
|---|
| 1184 | + | 36.13and Treatment. |
|---|
| 1185 | + | 36.14 (c) A provider, insurance company, or government agency must comply with any written |
|---|
| 1186 | + | 36.15request of the board under this subdivision and is not liable in any action for damages for |
|---|
| 1187 | + | 36.16releasing the data requested by the board if the data are released pursuant to a written request |
|---|
| 1188 | + | 36.17under this subdivision, unless the information is false and the provider giving the information |
|---|
| 1189 | + | 36.18knew, or had reason to believe, the information was false. |
|---|
| 1190 | + | 36.19 (d) Information obtained under this subdivision is private data on individuals as defined |
|---|
| 1191 | + | 36.20in section 13.02, subdivision 12. |
|---|
| 1192 | + | 36.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1193 | + | 36.22Sec. 22. Minnesota Statutes 2024, section 150A.08, subdivision 6, is amended to read: |
|---|
| 1194 | + | 36.23 Subd. 6.Medical records.Notwithstanding contrary provisions of sections 13.384 and |
|---|
| 1195 | + | 36.24144.651 or any other statute limiting access to medical or other health data, the board may |
|---|
| 1196 | + | 36.25obtain medical data and health records of a licensee or applicant without the licensee's or |
|---|
| 1197 | + | 36.26applicant's consent if the information is requested by the board as part of the process specified |
|---|
| 1198 | + | 36.27in subdivision 5. The medical data may be requested from a provider, as defined in section |
|---|
| 1199 | + | 36.28144.291, subdivision 2, paragraph (h), an insurance company, or a government agency, |
|---|
| 1200 | + | 36.29including the Department of Human Services and Direct Care and Treatment. A provider, |
|---|
| 1201 | + | 36.30insurance company, or government agency shall comply with any written request of the |
|---|
| 1202 | + | 36.31board under this subdivision and shall not be liable in any action for damages for releasing |
|---|
| 1203 | + | 36.32the data requested by the board if the data are released pursuant to a written request under |
|---|
| 1204 | + | 36.33this subdivision, unless the information is false and the provider giving the information |
|---|
| 1205 | + | 36Article 3 Sec. 22. |
|---|
| 1206 | + | REVISOR EB/CH 25-0031102/20/25 37.1knew, or had reason to believe, the information was false. Information obtained under this |
|---|
| 1207 | + | 37.2subdivision shall be classified as private under the Minnesota Government Data Practices |
|---|
| 1208 | + | 37.3Act. |
|---|
| 1209 | + | 37.4 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1210 | + | 37.5 Sec. 23. Minnesota Statutes 2024, section 151.071, subdivision 10, is amended to read: |
|---|
| 1211 | + | 37.6 Subd. 10.Mental examination; access to medical data.(a) If the board receives a |
|---|
| 1212 | + | 37.7complaint and has probable cause to believe that an individual licensed or registered by the |
|---|
| 1213 | + | 37.8board falls under subdivision 2, clause (14), it may direct the individual to submit to a mental |
|---|
| 1214 | + | 37.9or physical examination. For the purpose of this subdivision, every licensed or registered |
|---|
| 1215 | + | 37.10individual is deemed to have consented to submit to a mental or physical examination when |
|---|
| 1216 | + | 37.11directed in writing by the board and further to have waived all objections to the admissibility |
|---|
| 1217 | + | 37.12of the examining practitioner's testimony or examination reports on the grounds that the |
|---|
| 1218 | + | 37.13same constitute a privileged communication. Failure of a licensed or registered individual |
|---|
| 1219 | + | 37.14to submit to an examination when directed constitutes an admission of the allegations against |
|---|
| 1220 | + | 37.15the individual, unless the failure was due to circumstances beyond the individual's control, |
|---|
| 1221 | + | 37.16in which case a default and final order may be entered without the taking of testimony or |
|---|
| 1222 | + | 37.17presentation of evidence. Pharmacists affected under this paragraph shall at reasonable |
|---|
| 1223 | + | 37.18intervals be given an opportunity to demonstrate that they can resume the competent practice |
|---|
| 1224 | + | 37.19of the profession of pharmacy with reasonable skill and safety to the public. Pharmacist |
|---|
| 1225 | + | 37.20interns, pharmacy technicians, or controlled substance researchers affected under this |
|---|
| 1226 | + | 37.21paragraph shall at reasonable intervals be given an opportunity to demonstrate that they can |
|---|
| 1227 | + | 37.22competently resume the duties that can be performed, under this chapter or the rules of the |
|---|
| 1228 | + | 37.23board, by similarly registered persons with reasonable skill and safety to the public. In any |
|---|
| 1229 | + | 37.24proceeding under this paragraph, neither the record of proceedings nor the orders entered |
|---|
| 1230 | + | 37.25by the board shall be used against a licensed or registered individual in any other proceeding. |
|---|
| 1231 | + | 37.26 (b) Notwithstanding section 13.384, 144.651, or any other law limiting access to medical |
|---|
| 1232 | + | 37.27or other health data, the board may obtain medical data and health records relating to an |
|---|
| 1233 | + | 37.28individual licensed or registered by the board, or to an applicant for licensure or registration, |
|---|
| 1234 | + | 37.29without the individual's consent when the board receives a complaint and has probable cause |
|---|
| 1235 | + | 37.30to believe that the individual is practicing in violation of subdivision 2, clause (14), and the |
|---|
| 1236 | + | 37.31data and health records are limited to the complaint. The medical data may be requested |
|---|
| 1237 | + | 37.32from a provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance |
|---|
| 1238 | + | 37.33company, or a government agency, including the Department of Human Services and Direct |
|---|
| 1239 | + | 37.34Care and Treatment. A provider, insurance company, or government agency shall comply |
|---|
| 1240 | + | 37Article 3 Sec. 23. |
|---|
| 1241 | + | REVISOR EB/CH 25-0031102/20/25 38.1with any written request of the board under this subdivision and is not liable in any action |
|---|
| 1242 | + | 38.2for damages for releasing the data requested by the board if the data are released pursuant |
|---|
| 1243 | + | 38.3to a written request under this subdivision, unless the information is false and the provider |
|---|
| 1244 | + | 38.4giving the information knew, or had reason to believe, the information was false. Information |
|---|
| 1245 | + | 38.5obtained under this subdivision is classified as private under sections 13.01 to 13.87. |
|---|
| 1246 | + | 38.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1247 | + | 38.7 Sec. 24. Minnesota Statutes 2024, section 153.21, subdivision 2, is amended to read: |
|---|
| 1248 | + | 38.8 Subd. 2.Access to medical data.In addition to ordering a physical or mental examination |
|---|
| 1249 | + | 38.9or substance use disorder evaluation, the board may, notwithstanding section 13.384, 144.651, |
|---|
| 1250 | + | 38.10or any other law limiting access to medical or other health data, obtain medical data and |
|---|
| 1251 | + | 38.11health records relating to a licensee or applicant without the licensee's or applicant's consent |
|---|
| 1252 | + | 38.12if the board has probable cause to believe that a doctor of podiatric medicine falls within |
|---|
| 1253 | + | 38.13the provisions of section 153.19, subdivision 1, clause (12). The medical data may be |
|---|
| 1254 | + | 38.14requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h), an |
|---|
| 1255 | + | 38.15insurance company, or a government agency, including the Department of Human Services |
|---|
| 1256 | + | 38.16and Direct Care and Treatment. A provider, insurance company, or government agency |
|---|
| 1257 | + | 38.17shall comply with any written request of the board under this section and is not liable in |
|---|
| 1258 | + | 38.18any action for damages for releasing the data requested by the board if the data are released |
|---|
| 1259 | + | 38.19in accordance with a written request under this section, unless the information is false and |
|---|
| 1260 | + | 38.20the provider giving the information knew, or had reason to believe, the information was |
|---|
| 1261 | + | 38.21false. |
|---|
| 1262 | + | 38.22 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1263 | + | 38.23Sec. 25. Minnesota Statutes 2024, section 153B.70, is amended to read: |
|---|
| 1264 | + | 38.24 153B.70 GROUNDS FOR DISCIPLINARY ACTION. |
|---|
| 1265 | + | 38.25 (a) The board may refuse to issue or renew a license, revoke or suspend a license, or |
|---|
| 1266 | + | 38.26place on probation or reprimand a licensee for one or any combination of the following: |
|---|
| 1267 | + | 38.27 (1) making a material misstatement in furnishing information to the board; |
|---|
| 1268 | + | 38.28 (2) violating or intentionally disregarding the requirements of this chapter; |
|---|
| 1269 | + | 38.29 (3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt, |
|---|
| 1270 | + | 38.30or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the |
|---|
| 1271 | + | 38.31profession. Conviction, as used in this clause, includes a conviction of an offense which, if |
|---|
| 1272 | + | 38.32committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, |
|---|
| 1273 | + | 38Article 3 Sec. 25. |
|---|
| 1274 | + | REVISOR EB/CH 25-0031102/20/25 39.1without regard to its designation elsewhere, or a criminal proceeding where a finding or |
|---|
| 1275 | + | 39.2verdict of guilty is made or returned but the adjudication of guilt is either withheld or not |
|---|
| 1276 | + | 39.3entered; |
|---|
| 1277 | + | 39.4 (4) making a misrepresentation in order to obtain or renew a license; |
|---|
| 1278 | + | 39.5 (5) displaying a pattern of practice or other behavior that demonstrates incapacity or |
|---|
| 1279 | + | 39.6incompetence to practice; |
|---|
| 1280 | + | 39.7 (6) aiding or assisting another person in violating the provisions of this chapter; |
|---|
| 1281 | + | 39.8 (7) failing to provide information within 60 days in response to a written request from |
|---|
| 1282 | + | 39.9the board, including documentation of completion of continuing education requirements; |
|---|
| 1283 | + | 39.10 (8) engaging in dishonorable, unethical, or unprofessional conduct; |
|---|
| 1284 | + | 39.11 (9) engaging in conduct of a character likely to deceive, defraud, or harm the public; |
|---|
| 1285 | + | 39.12 (10) inability to practice due to habitual intoxication, addiction to drugs, or mental or |
|---|
| 1286 | + | 39.13physical illness; |
|---|
| 1287 | + | 39.14 (11) being disciplined by another state or territory of the United States, the federal |
|---|
| 1288 | + | 39.15government, a national certification organization, or foreign nation, if at least one of the |
|---|
| 1289 | + | 39.16grounds for the discipline is the same or substantially equivalent to one of the grounds in |
|---|
| 1290 | + | 39.17this section; |
|---|
| 1291 | + | 39.18 (12) directly or indirectly giving to or receiving from a person, firm, corporation, |
|---|
| 1292 | + | 39.19partnership, or association a fee, commission, rebate, or other form of compensation for |
|---|
| 1293 | + | 39.20professional services not actually or personally rendered; |
|---|
| 1294 | + | 39.21 (13) incurring a finding by the board that the licensee, after the licensee has been placed |
|---|
| 1295 | + | 39.22on probationary status, has violated the conditions of the probation; |
|---|
| 1296 | + | 39.23 (14) abandoning a patient or client; |
|---|
| 1297 | + | 39.24 (15) willfully making or filing false records or reports in the course of the licensee's |
|---|
| 1298 | + | 39.25practice including, but not limited to, false records or reports filed with state or federal |
|---|
| 1299 | + | 39.26agencies; |
|---|
| 1300 | + | 39.27 (16) willfully failing to report child maltreatment as required under the Maltreatment of |
|---|
| 1301 | + | 39.28Minors Act, chapter 260E; or |
|---|
| 1302 | + | 39.29 (17) soliciting professional services using false or misleading advertising. |
|---|
| 1303 | + | 39.30 (b) A license to practice is automatically suspended if (1) a guardian of a licensee is |
|---|
| 1304 | + | 39.31appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other |
|---|
| 1305 | + | 39Article 3 Sec. 25. |
|---|
| 1306 | + | REVISOR EB/CH 25-0031102/20/25 40.1than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant |
|---|
| 1307 | + | 40.2to chapter 253B. The license remains suspended until the licensee is restored to capacity |
|---|
| 1308 | + | 40.3by a court and, upon petition by the licensee, the suspension is terminated by the board after |
|---|
| 1309 | + | 40.4a hearing. The licensee may be reinstated to practice, either with or without restrictions, by |
|---|
| 1310 | + | 40.5demonstrating clear and convincing evidence of rehabilitation. The regulated person is not |
|---|
| 1311 | + | 40.6required to prove rehabilitation if the subsequent court decision overturns previous court |
|---|
| 1312 | + | 40.7findings of public risk. |
|---|
| 1313 | + | 40.8 (c) If the board has probable cause to believe that a licensee or applicant has violated |
|---|
| 1314 | + | 40.9paragraph (a), clause (10), it may direct the person to submit to a mental or physical |
|---|
| 1315 | + | 40.10examination. For the purpose of this section, every person is deemed to have consented to |
|---|
| 1316 | + | 40.11submit to a mental or physical examination when directed in writing by the board and to |
|---|
| 1317 | + | 40.12have waived all objections to the admissibility of the examining physician's testimony or |
|---|
| 1318 | + | 40.13examination report on the grounds that the testimony or report constitutes a privileged |
|---|
| 1319 | + | 40.14communication. Failure of a regulated person to submit to an examination when directed |
|---|
| 1320 | + | 40.15constitutes an admission of the allegations against the person, unless the failure was due to |
|---|
| 1321 | + | 40.16circumstances beyond the person's control, in which case a default and final order may be |
|---|
| 1322 | + | 40.17entered without the taking of testimony or presentation of evidence. A regulated person |
|---|
| 1323 | + | 40.18affected under this paragraph shall at reasonable intervals be given an opportunity to |
|---|
| 1324 | + | 40.19demonstrate that the person can resume the competent practice of the regulated profession |
|---|
| 1325 | + | 40.20with reasonable skill and safety to the public. In any proceeding under this paragraph, neither |
|---|
| 1326 | + | 40.21the record of proceedings nor the orders entered by the board shall be used against a regulated |
|---|
| 1327 | + | 40.22person in any other proceeding. |
|---|
| 1328 | + | 40.23 (d) In addition to ordering a physical or mental examination, the board may, |
|---|
| 1329 | + | 40.24notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or |
|---|
| 1330 | + | 40.25other health data, obtain medical data and health records relating to a licensee or applicant |
|---|
| 1331 | + | 40.26without the person's or applicant's consent if the board has probable cause to believe that a |
|---|
| 1332 | + | 40.27licensee is subject to paragraph (a), clause (10). The medical data may be requested from |
|---|
| 1333 | + | 40.28a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, |
|---|
| 1334 | + | 40.29or a government agency, including the Department of Human Services and Direct Care and |
|---|
| 1335 | + | 40.30Treatment. A provider, insurance company, or government agency shall comply with any |
|---|
| 1336 | + | 40.31written request of the board under this section and is not liable in any action for damages |
|---|
| 1337 | + | 40.32for releasing the data requested by the board if the data are released pursuant to a written |
|---|
| 1338 | + | 40.33request under this section, unless the information is false and the provider giving the |
|---|
| 1339 | + | 40.34information knew, or had reason to know, the information was false. Information obtained |
|---|
| 1340 | + | 40.35under this section is private data on individuals as defined in section 13.02. |
|---|
| 1341 | + | 40Article 3 Sec. 25. |
|---|
| 1342 | + | REVISOR EB/CH 25-0031102/20/25 41.1 (e) If the board issues an order of immediate suspension of a license, a hearing must be |
|---|
| 1343 | + | 41.2held within 30 days of the suspension and completed without delay. |
|---|
| 1344 | + | 41.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1345 | + | 41.4 Sec. 26. Minnesota Statutes 2024, section 168.012, subdivision 1, is amended to read: |
|---|
| 1346 | + | 41.5 Subdivision 1.Vehicles exempt from tax, fees, or plate display.(a) The following |
|---|
| 1347 | + | 41.6vehicles are exempt from the provisions of this chapter requiring payment of tax and |
|---|
| 1348 | + | 41.7registration fees, except as provided in subdivision 1c: |
|---|
| 1349 | + | 41.8 (1) vehicles owned and used solely in the transaction of official business by the federal |
|---|
| 1350 | + | 41.9government, the state, or any political subdivision; |
|---|
| 1351 | + | 41.10 (2) vehicles owned and used exclusively by educational institutions and used solely in |
|---|
| 1352 | + | 41.11the transportation of pupils to and from those institutions; |
|---|
| 1353 | + | 41.12 (3) vehicles used solely in driver education programs at nonpublic high schools; |
|---|
| 1354 | + | 41.13 (4) vehicles owned by nonprofit charities and used exclusively to transport disabled |
|---|
| 1355 | + | 41.14persons for charitable, religious, or educational purposes; |
|---|
| 1356 | + | 41.15 (5) vehicles owned by nonprofit charities and used exclusively for disaster response and |
|---|
| 1357 | + | 41.16related activities; |
|---|
| 1358 | + | 41.17 (6) vehicles owned by ambulance services licensed under section 144E.10 that are |
|---|
| 1359 | + | 41.18equipped and specifically intended for emergency response or providing ambulance services; |
|---|
| 1360 | + | 41.19and |
|---|
| 1361 | + | 41.20 (7) vehicles owned by a commercial driving school licensed under section 171.34, or |
|---|
| 1362 | + | 41.21an employee of a commercial driving school licensed under section 171.34, and the vehicle |
|---|
| 1363 | + | 41.22is used exclusively for driver education and training. |
|---|
| 1364 | + | 41.23 (b) Provided the general appearance of the vehicle is unmistakable, the following vehicles |
|---|
| 1365 | + | 41.24are not required to register or display number plates: |
|---|
| 1366 | + | 41.25 (1) vehicles owned by the federal government; |
|---|
| 1367 | + | 41.26 (2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the |
|---|
| 1368 | + | 41.27state or a political subdivision; |
|---|
| 1369 | + | 41.28 (3) police patrols owned or leased by the state or a political subdivision; and |
|---|
| 1370 | + | 41.29 (4) ambulances owned or leased by the state or a political subdivision. |
|---|
| 1371 | + | 41Article 3 Sec. 26. |
|---|
| 1372 | + | REVISOR EB/CH 25-0031102/20/25 42.1 (c) Unmarked vehicles used in general police work, liquor investigations, or arson |
|---|
| 1373 | + | 42.2investigations, and passenger automobiles, pickup trucks, and buses owned or operated by |
|---|
| 1374 | + | 42.3the Department of Corrections or by conservation officers of the Division of Enforcement |
|---|
| 1375 | + | 42.4and Field Service of the Department of Natural Resources, must be registered and must |
|---|
| 1376 | + | 42.5display appropriate license number plates, furnished by the registrar at cost. Original and |
|---|
| 1377 | + | 42.6renewal applications for these license plates authorized for use in general police work and |
|---|
| 1378 | + | 42.7for use by the Department of Corrections or by conservation officers must be accompanied |
|---|
| 1379 | + | 42.8by a certification signed by the appropriate chief of police if issued to a police vehicle, the |
|---|
| 1380 | + | 42.9appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if issued |
|---|
| 1381 | + | 42.10to a Department of Corrections vehicle, or the appropriate officer in charge if issued to a |
|---|
| 1382 | + | 42.11vehicle of any other law enforcement agency. The certification must be on a form prescribed |
|---|
| 1383 | + | 42.12by the commissioner and state that the vehicle will be used exclusively for a purpose |
|---|
| 1384 | + | 42.13authorized by this section. |
|---|
| 1385 | + | 42.14 (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry, |
|---|
| 1386 | + | 42.15fraud unit, in conducting seizures or criminal investigations must be registered and must |
|---|
| 1387 | + | 42.16display passenger vehicle classification license number plates, furnished at cost by the |
|---|
| 1388 | + | 42.17registrar. Original and renewal applications for these passenger vehicle license plates must |
|---|
| 1389 | + | 42.18be accompanied by a certification signed by the commissioner of revenue or the |
|---|
| 1390 | + | 42.19commissioner of labor and industry. The certification must be on a form prescribed by the |
|---|
| 1391 | + | 42.20commissioner and state that the vehicles will be used exclusively for the purposes authorized |
|---|
| 1392 | + | 42.21by this section. |
|---|
| 1393 | + | 42.22 (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the |
|---|
| 1394 | + | 42.23Department of Health must be registered and must display passenger vehicle classification |
|---|
| 1395 | + | 42.24license number plates. These plates must be furnished at cost by the registrar. Original and |
|---|
| 1396 | + | 42.25renewal applications for these passenger vehicle license plates must be accompanied by a |
|---|
| 1397 | + | 42.26certification signed by the commissioner of health. The certification must be on a form |
|---|
| 1398 | + | 42.27prescribed by the commissioner and state that the vehicles will be used exclusively for the |
|---|
| 1399 | + | 42.28official duties of the Division of Disease Prevention and Control. |
|---|
| 1400 | + | 42.29 (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling |
|---|
| 1401 | + | 42.30investigations and reviews must be registered and must display passenger vehicle |
|---|
| 1402 | + | 42.31classification license number plates. These plates must be furnished at cost by the registrar. |
|---|
| 1403 | + | 42.32Original and renewal applications for these passenger vehicle license plates must be |
|---|
| 1404 | + | 42.33accompanied by a certification signed by the board chair. The certification must be on a |
|---|
| 1405 | + | 42.34form prescribed by the commissioner and state that the vehicles will be used exclusively |
|---|
| 1406 | + | 42.35for the official duties of the Gambling Control Board. |
|---|
| 1407 | + | 42Article 3 Sec. 26. |
|---|
| 1408 | + | REVISOR EB/CH 25-0031102/20/25 43.1 (g) Unmarked vehicles used in general investigation, surveillance, supervision, and |
|---|
| 1409 | + | 43.2monitoring by the Department of Human Services' Office of Special Investigations' staff; |
|---|
| 1410 | + | 43.3the Minnesota Sex Offender Program's executive director and the executive director's staff; |
|---|
| 1411 | + | 43.4and the Office of Inspector General's staff, including, but not limited to, county fraud |
|---|
| 1412 | + | 43.5prevention investigators, must be registered and must display passenger vehicle classification |
|---|
| 1413 | + | 43.6license number plates, furnished by the registrar at cost. Original and renewal applications |
|---|
| 1414 | + | 43.7for passenger vehicle license plates must be accompanied by a certification signed by the |
|---|
| 1415 | + | 43.8commissioner of human services. The certification must be on a form prescribed by the |
|---|
| 1416 | + | 43.9commissioner and state that the vehicles must be used exclusively for the official duties of |
|---|
| 1417 | + | 43.10the Office of Special Investigations' staff; the Minnesota Sex Offender Program's executive |
|---|
| 1418 | + | 43.11director and the executive director's staff; and the Office of the Inspector General's staff, |
|---|
| 1419 | + | 43.12including, but not limited to, contract and county fraud prevention investigators. |
|---|
| 1420 | + | 43.13 (h) Unmarked vehicles used in general investigation, surveillance, supervision, and |
|---|
| 1421 | + | 43.14monitoring by the Direct Care and Treatment Office of Special Investigations' staff and |
|---|
| 1422 | + | 43.15unmarked vehicles used by the Minnesota Sex Offender Program's executive director and |
|---|
| 1423 | + | 43.16the executive director's staff must be registered and must display passenger vehicle |
|---|
| 1424 | + | 43.17classification license number plates, furnished by the registrar at cost. Original and renewal |
|---|
| 1425 | + | 43.18applications for passenger vehicle license plates must be accompanied by a certification |
|---|
| 1426 | + | 43.19signed by the Direct Care and Treatment executive board. The certification must be on a |
|---|
| 1427 | + | 43.20form prescribed by the commissioner and state that the vehicles must be used exclusively |
|---|
| 1428 | + | 43.21for the official duties of the Minnesota Sex Offender Program's executive director and the |
|---|
| 1429 | + | 43.22executive director's staff, including but not limited to contract and county fraud prevention |
|---|
| 1430 | + | 43.23investigators. |
|---|
| 1431 | + | 43.24 (h) (i) Each state hospital and institution for persons who are mentally ill and |
|---|
| 1432 | + | 43.25developmentally disabled may have one vehicle without the required identification on the |
|---|
| 1433 | + | 43.26sides of the vehicle. The vehicle must be registered and must display passenger vehicle |
|---|
| 1434 | + | 43.27classification license number plates. These plates must be furnished at cost by the registrar. |
|---|
| 1435 | + | 43.28Original and renewal applications for these passenger vehicle license plates must be |
|---|
| 1436 | + | 43.29accompanied by a certification signed by the hospital administrator. The certification must |
|---|
| 1437 | + | 43.30be on a form prescribed by the commissioner Direct Care and Treatment executive board |
|---|
| 1438 | + | 43.31and state that the vehicles will be used exclusively for the official duties of the state hospital |
|---|
| 1439 | + | 43.32or institution. |
|---|
| 1440 | + | 43.33 (i) (j) Each county social service agency may have vehicles used for child and vulnerable |
|---|
| 1441 | + | 43.34adult protective services without the required identification on the sides of the vehicle. The |
|---|
| 1442 | + | 43.35vehicles must be registered and must display passenger vehicle classification license number |
|---|
| 1443 | + | 43Article 3 Sec. 26. |
|---|
| 1444 | + | REVISOR EB/CH 25-0031102/20/25 44.1plates. These plates must be furnished at cost by the registrar. Original and renewal |
|---|
| 1445 | + | 44.2applications for these passenger vehicle license plates must be accompanied by a certification |
|---|
| 1446 | + | 44.3signed by the agency administrator. The certification must be on a form prescribed by the |
|---|
| 1447 | + | 44.4commissioner and state that the vehicles will be used exclusively for the official duties of |
|---|
| 1448 | + | 44.5the social service agency. |
|---|
| 1449 | + | 44.6 (j) (k) Unmarked vehicles used in general investigation, surveillance, supervision, and |
|---|
| 1450 | + | 44.7monitoring by tobacco inspector staff of the Department of Human Services' Alcohol and |
|---|
| 1451 | + | 44.8Drug Abuse Division for the purposes of tobacco inspections, investigations, and reviews |
|---|
| 1452 | + | 44.9must be registered and must display passenger vehicle classification license number plates, |
|---|
| 1453 | + | 44.10furnished at cost by the registrar. Original and renewal applications for passenger vehicle |
|---|
| 1454 | + | 44.11license plates must be accompanied by a certification signed by the commissioner of human |
|---|
| 1455 | + | 44.12services. The certification must be on a form prescribed by the commissioner and state that |
|---|
| 1456 | + | 44.13the vehicles will be used exclusively by tobacco inspector staff for the duties specified in |
|---|
| 1457 | + | 44.14this paragraph. |
|---|
| 1458 | + | 44.15 (k) (l) All other motor vehicles must be registered and display tax-exempt number plates, |
|---|
| 1459 | + | 44.16furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles required |
|---|
| 1460 | + | 44.17to display tax-exempt number plates must have the name of the state department or political |
|---|
| 1461 | + | 44.18subdivision, nonpublic high school operating a driver education program, licensed |
|---|
| 1462 | + | 44.19commercial driving school, or other qualifying organization or entity, plainly displayed on |
|---|
| 1463 | + | 44.20both sides of the vehicle. This identification must be in a color giving contrast with that of |
|---|
| 1464 | + | 44.21the part of the vehicle on which it is placed and must endure throughout the term of the |
|---|
| 1465 | + | 44.22registration. The identification must not be on a removable plate or placard and must be |
|---|
| 1466 | + | 44.23kept clean and visible at all times; except that a removable plate or placard may be utilized |
|---|
| 1467 | + | 44.24on vehicles leased or loaned to a political subdivision or to a nonpublic high school driver |
|---|
| 1468 | + | 44.25education program. |
|---|
| 1469 | + | 44.26 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1470 | + | 44.27Sec. 27. Minnesota Statutes 2024, section 244.052, subdivision 4, is amended to read: |
|---|
| 1471 | + | 44.28 Subd. 4.Law enforcement agency; disclosure of information to public.(a) The law |
|---|
| 1472 | + | 44.29enforcement agency in the area where the predatory offender resides, expects to reside, is |
|---|
| 1473 | + | 44.30employed, or is regularly found, shall disclose to the public any information regarding the |
|---|
| 1474 | + | 44.31offender contained in the report forwarded to the agency under subdivision 3, paragraph |
|---|
| 1475 | + | 44.32(f), that is relevant and necessary to protect the public and to counteract the offender's |
|---|
| 1476 | + | 44.33dangerousness, consistent with the guidelines in paragraph (b). The extent of the information |
|---|
| 1477 | + | 44.34disclosed and the community to whom disclosure is made must relate to the level of danger |
|---|
| 1478 | + | 44Article 3 Sec. 27. |
|---|
| 1479 | + | REVISOR EB/CH 25-0031102/20/25 45.1posed by the offender, to the offender's pattern of offending behavior, and to the need of |
|---|
| 1480 | + | 45.2community members for information to enhance their individual and collective safety. |
|---|
| 1481 | + | 45.3 (b) The law enforcement agency shall employ the following guidelines in determining |
|---|
| 1482 | + | 45.4the scope of disclosure made under this subdivision: |
|---|
| 1483 | + | 45.5 (1) if the offender is assigned to risk level I, the agency may maintain information |
|---|
| 1484 | + | 45.6regarding the offender within the agency and may disclose it to other law enforcement |
|---|
| 1485 | + | 45.7agencies. Additionally, the agency may disclose the information to any victims of or |
|---|
| 1486 | + | 45.8witnesses to the offense committed by the offender. The agency shall disclose the information |
|---|
| 1487 | + | 45.9to victims of the offense committed by the offender who have requested disclosure and to |
|---|
| 1488 | + | 45.10adult members of the offender's immediate household; |
|---|
| 1489 | + | 45.11 (2) if the offender is assigned to risk level II, the agency also may disclose the information |
|---|
| 1490 | + | 45.12to agencies and groups that the offender is likely to encounter for the purpose of securing |
|---|
| 1491 | + | 45.13those institutions and protecting individuals in their care while they are on or near the |
|---|
| 1492 | + | 45.14premises of the institution. These agencies and groups include the staff members of public |
|---|
| 1493 | + | 45.15and private educational institutions, day care establishments, and establishments and |
|---|
| 1494 | + | 45.16organizations that primarily serve individuals likely to be victimized by the offender. The |
|---|
| 1495 | + | 45.17agency also may disclose the information to individuals the agency believes are likely to |
|---|
| 1496 | + | 45.18be victimized by the offender. The agency's belief shall be based on the offender's pattern |
|---|
| 1497 | + | 45.19of offending or victim preference as documented in the information provided by the |
|---|
| 1498 | + | 45.20Department of Corrections or, the Department of Human Services, or Direct Care and |
|---|
| 1499 | + | 45.21Treatment. The agency may disclose the information to property assessors, property |
|---|
| 1500 | + | 45.22inspectors, code enforcement officials, and child protection officials who are likely to visit |
|---|
| 1501 | + | 45.23the offender's home in the course of their duties; |
|---|
| 1502 | + | 45.24 (3) if the offender is assigned to risk level III, the agency shall disclose the information |
|---|
| 1503 | + | 45.25to the persons and entities described in clauses (1) and (2) and to other members of the |
|---|
| 1504 | + | 45.26community whom the offender is likely to encounter, unless the law enforcement agency |
|---|
| 1505 | + | 45.27determines that public safety would be compromised by the disclosure or that a more limited |
|---|
| 1506 | + | 45.28disclosure is necessary to protect the identity of the victim. |
|---|
| 1507 | + | 45.29 Notwithstanding the assignment of a predatory offender to risk level II or III, a law |
|---|
| 1508 | + | 45.30enforcement agency may not make the disclosures permitted or required by clause (2) or |
|---|
| 1509 | + | 45.31(3), if: the offender is placed or resides in a residential facility. However, if an offender is |
|---|
| 1510 | + | 45.32placed or resides in a residential facility, the offender and the head of the facility shall |
|---|
| 1511 | + | 45.33designate the offender's likely residence upon release from the facility and the head of the |
|---|
| 1512 | + | 45.34facility shall notify the commissioner of corrections or, the commissioner of human services, |
|---|
| 1513 | + | 45Article 3 Sec. 27. |
|---|
| 1514 | + | REVISOR EB/CH 25-0031102/20/25 46.1or the Direct Care and Treatment executive board of the offender's likely residence at least |
|---|
| 1515 | + | 46.214 days before the offender's scheduled release date. The commissioner shall give this |
|---|
| 1516 | + | 46.3information to the law enforcement agency having jurisdiction over the offender's likely |
|---|
| 1517 | + | 46.4residence. The head of the residential facility also shall notify the commissioner of corrections |
|---|
| 1518 | + | 46.5or, the commissioner of human services, or the Direct Care and Treatment executive board |
|---|
| 1519 | + | 46.6within 48 hours after finalizing the offender's approved relocation plan to a permanent |
|---|
| 1520 | + | 46.7residence. Within five days after receiving this notification, the appropriate commissioner |
|---|
| 1521 | + | 46.8shall give to the appropriate law enforcement agency all relevant information the |
|---|
| 1522 | + | 46.9commissioner has concerning the offender, including information on the risk factors in the |
|---|
| 1523 | + | 46.10offender's history and the risk level to which the offender was assigned. After receiving this |
|---|
| 1524 | + | 46.11information, the law enforcement agency shall make the disclosures permitted or required |
|---|
| 1525 | + | 46.12by clause (2) or (3), as appropriate. |
|---|
| 1526 | + | 46.13 (c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that: |
|---|
| 1527 | + | 46.14 (1) the organizations or community members are in a location or in close proximity to |
|---|
| 1528 | + | 46.15a location where the offender lives or is employed, or which the offender visits or is likely |
|---|
| 1529 | + | 46.16to visit on a regular basis, other than the location of the offender's outpatient treatment |
|---|
| 1530 | + | 46.17program; and |
|---|
| 1531 | + | 46.18 (2) the types of interaction which ordinarily occur at that location and other circumstances |
|---|
| 1532 | + | 46.19indicate that contact with the offender is reasonably certain. |
|---|
| 1533 | + | 46.20 (d) A law enforcement agency or official who discloses information under this subdivision |
|---|
| 1534 | + | 46.21shall make a good faith effort to make the notification within 14 days of receipt of a |
|---|
| 1535 | + | 46.22confirmed address from the Department of Corrections indicating that the offender will be, |
|---|
| 1536 | + | 46.23or has been, released from confinement, or accepted for supervision, or has moved to a new |
|---|
| 1537 | + | 46.24address and will reside at the address indicated. If a change occurs in the release plan, this |
|---|
| 1538 | + | 46.25notification provision does not require an extension of the release date. |
|---|
| 1539 | + | 46.26 (e) A law enforcement agency or official who discloses information under this subdivision |
|---|
| 1540 | + | 46.27shall not disclose the identity or any identifying characteristics of the victims of or witnesses |
|---|
| 1541 | + | 46.28to the offender's offenses. |
|---|
| 1542 | + | 46.29 (f) A law enforcement agency shall continue to disclose information on an offender as |
|---|
| 1543 | + | 46.30required by this subdivision for as long as the offender is required to register under section |
|---|
| 1544 | + | 46.31243.166. This requirement on a law enforcement agency to continue to disclose information |
|---|
| 1545 | + | 46.32also applies to an offender who lacks a primary address and is registering under section |
|---|
| 1546 | + | 46.33243.166, subdivision 3a. |
|---|
| 1547 | + | 46Article 3 Sec. 27. |
|---|
| 1548 | + | REVISOR EB/CH 25-0031102/20/25 47.1 (g) A law enforcement agency that is disclosing information on an offender assigned to |
|---|
| 1549 | + | 47.2risk level III to the public under this subdivision shall inform the commissioner of corrections |
|---|
| 1550 | + | 47.3what information is being disclosed and forward this information to the commissioner within |
|---|
| 1551 | + | 47.4two days of the agency's determination. The commissioner shall post this information on |
|---|
| 1552 | + | 47.5the Internet as required in subdivision 4b. |
|---|
| 1553 | + | 47.6 (h) A city council may adopt a policy that addresses when information disclosed under |
|---|
| 1554 | + | 47.7this subdivision must be presented in languages in addition to English. The policy may |
|---|
| 1555 | + | 47.8address when information must be presented orally, in writing, or both in additional languages |
|---|
| 1556 | + | 47.9by the law enforcement agency disclosing the information. The policy may provide for |
|---|
| 1557 | + | 47.10different approaches based on the prevalence of non-English languages in different |
|---|
| 1558 | + | 47.11neighborhoods. |
|---|
| 1559 | + | 47.12 (i) An offender who is the subject of a community notification meeting held pursuant |
|---|
| 1560 | + | 47.13to this section may not attend the meeting. |
|---|
| 1561 | + | 47.14 (j) When a school, day care facility, or other entity or program that primarily educates |
|---|
| 1562 | + | 47.15or serves children receives notice under paragraph (b), clause (3), that a level III predatory |
|---|
| 1563 | + | 47.16offender resides or works in the surrounding community, notice to parents must be made |
|---|
| 1564 | + | 47.17as provided in this paragraph. If the predatory offender identified in the notice is participating |
|---|
| 1565 | + | 47.18in programs offered by the facility that require or allow the person to interact with children |
|---|
| 1566 | + | 47.19other than the person's children, the principal or head of the entity must notify parents with |
|---|
| 1567 | + | 47.20children at the facility of the contents of the notice received pursuant to this section. The |
|---|
| 1568 | + | 47.21immunity provisions of subdivision 7 apply to persons disclosing information under this |
|---|
| 1569 | + | 47.22paragraph. |
|---|
| 1570 | + | 47.23 (k) When an offender for whom notification was made under this subdivision no longer |
|---|
| 1571 | + | 47.24resides, is employed, or is regularly found in the area, and the law enforcement agency that |
|---|
| 1572 | + | 47.25made the notification is aware of this, the agency shall inform the entities and individuals |
|---|
| 1573 | + | 47.26initially notified of the change in the offender's status. If notification was made under |
|---|
| 1574 | + | 47.27paragraph (b), clause (3), the agency shall provide the updated information required under |
|---|
| 1575 | + | 47.28this paragraph in a manner designed to ensure a similar scope of dissemination. However, |
|---|
| 1576 | + | 47.29the agency is not required to hold a public meeting to do so. |
|---|
| 1577 | + | 47.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1578 | + | 47.31Sec. 28. Minnesota Statutes 2024, section 245.50, subdivision 2, is amended to read: |
|---|
| 1579 | + | 47.32 Subd. 2.Purpose and authority.(a) The purpose of this section is to enable appropriate |
|---|
| 1580 | + | 47.33treatment or detoxification services to be provided to individuals, across state lines from |
|---|
| 1581 | + | 47Article 3 Sec. 28. |
|---|
| 1582 | + | REVISOR EB/CH 25-0031102/20/25 48.1the individual's state of residence, in qualified facilities that are closer to the homes of |
|---|
| 1583 | + | 48.2individuals than are facilities available in the individual's home state. |
|---|
| 1584 | + | 48.3 (b) Unless prohibited by another law and subject to the exceptions listed in subdivision |
|---|
| 1585 | + | 48.43, a county board or, the commissioner of human services, or the Direct Care and Treatment |
|---|
| 1586 | + | 48.5executive board may contract with an agency or facility in a bordering state for mental |
|---|
| 1587 | + | 48.6health, chemical health, or detoxification services for residents of Minnesota, and a Minnesota |
|---|
| 1588 | + | 48.7mental health, chemical health, or detoxification agency or facility may contract to provide |
|---|
| 1589 | + | 48.8services to residents of bordering states. Except as provided in subdivision 5, a person who |
|---|
| 1590 | + | 48.9receives services in another state under this section is subject to the laws of the state in |
|---|
| 1591 | + | 48.10which services are provided. A person who will receive services in another state under this |
|---|
| 1592 | + | 48.11section must be informed of the consequences of receiving services in another state, including |
|---|
| 1593 | + | 48.12the implications of the differences in state laws, to the extent the individual will be subject |
|---|
| 1594 | + | 48.13to the laws of the receiving state. |
|---|
| 1595 | + | 48.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1596 | + | 48.15Sec. 29. Minnesota Statutes 2024, section 245.91, subdivision 2, is amended to read: |
|---|
| 1597 | + | 48.16 Subd. 2.Agency."Agency" means the divisions, officials, or employees of the state |
|---|
| 1598 | + | 48.17Departments of Human Services, Direct Care and Treatment, Health, and Education,; Direct |
|---|
| 1599 | + | 48.18Care and Treatment; and of local school districts and designated county social service |
|---|
| 1600 | + | 48.19agencies as defined in section 256G.02, subdivision 7, that are engaged in monitoring, |
|---|
| 1601 | + | 48.20providing, or regulating services or treatment for mental illness, developmental disability, |
|---|
| 1602 | + | 48.21substance use disorder, or emotional disturbance. |
|---|
| 1603 | + | 48.22 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1604 | + | 48.23Sec. 30. Minnesota Statutes 2024, section 246.585, is amended to read: |
|---|
| 1605 | + | 48.24 246.585 CRISIS SERVICES. |
|---|
| 1606 | + | 48.25 Within the limits of appropriations, state-operated regional technical assistance must be |
|---|
| 1607 | + | 48.26available in each region to assist counties, Tribal Nations, residential and day programming |
|---|
| 1608 | + | 48.27staff vocational service providers, and families, and persons with disabilities to prevent or |
|---|
| 1609 | + | 48.28resolve crises that could lead to a change in placement person moving to a less integrated |
|---|
| 1610 | + | 48.29setting. Crisis capacity must be provided on all regional treatment center campuses serving |
|---|
| 1611 | + | 48.30persons with developmental disabilities. In addition, crisis capacity may be developed to |
|---|
| 1612 | + | 48.31serve 16 persons in the Twin Cities metropolitan area. Technical assistance and consultation |
|---|
| 1613 | + | 48Article 3 Sec. 30. |
|---|
| 1614 | + | REVISOR EB/CH 25-0031102/20/25 49.1must also be available in each region to providers and counties. Staff must be available to |
|---|
| 1615 | + | 49.2provide: |
|---|
| 1616 | + | 49.3 (1) individual assessments; |
|---|
| 1617 | + | 49.4 (2) program plan development and implementation assistance; |
|---|
| 1618 | + | 49.5 (3) analysis of service delivery problems; and |
|---|
| 1619 | + | 49.6 (4) assistance with transition planning, including technical assistance to counties, Tribal |
|---|
| 1620 | + | 49.7Nations, and service providers to develop new services, site the new services, and assist |
|---|
| 1621 | + | 49.8with community acceptance. |
|---|
| 1622 | + | 49.9 Sec. 31. Minnesota Statutes 2024, section 246C.06, subdivision 11, is amended to read: |
|---|
| 1623 | + | 49.10 Subd. 11.Rulemaking.(a) The executive board is authorized to adopt, amend, and |
|---|
| 1624 | + | 49.11repeal rules in accordance with chapter 14 to the extent necessary to implement this chapter |
|---|
| 1625 | + | 49.12or any responsibilities of Direct Care and Treatment specified in state law. The 18-month |
|---|
| 1626 | + | 49.13time limit under section 14.125 does not apply to the rulemaking authority under this |
|---|
| 1627 | + | 49.14subdivision. |
|---|
| 1628 | + | 49.15 (b) Until July 1, 2027, the executive board may adopt rules using the expedited |
|---|
| 1629 | + | 49.16rulemaking process in section 14.389. |
|---|
| 1630 | + | 49.17 (c) In accordance with section 15.039, all orders, rules, delegations, permits, and other |
|---|
| 1631 | + | 49.18privileges issued or granted by the Department of Human Services with respect to any |
|---|
| 1632 | + | 49.19function of Direct Care and Treatment and in effect at the time of the establishment of Direct |
|---|
| 1633 | + | 49.20Care and Treatment shall continue in effect as if such establishment had not occurred. The |
|---|
| 1634 | + | 49.21executive board may amend or repeal rules applicable to Direct Care and Treatment that |
|---|
| 1635 | + | 49.22were established by the Department of Human Services in accordance with chapter 14. |
|---|
| 1636 | + | 49.23 (d) The executive board must not adopt rules that go into effect or enforce rules prior |
|---|
| 1637 | + | 49.24to July 1, 2025. |
|---|
| 1638 | + | 49.25 EFFECTIVE DATE.This section is effective retroactively from July 1, 2024. |
|---|
| 1639 | + | 49.26Sec. 32. Minnesota Statutes 2024, section 246C.12, subdivision 6, is amended to read: |
|---|
| 1640 | + | 49.27 Subd. 6.Dissemination of Admission and stay criteria; dissemination.(a) The |
|---|
| 1641 | + | 49.28executive board shall establish standard admission and continued-stay criteria for |
|---|
| 1642 | + | 49.29state-operated services facilities to ensure that appropriate services are provided in the least |
|---|
| 1643 | + | 49.30restrictive setting. |
|---|
| 1644 | + | 49Article 3 Sec. 32. |
|---|
| 1645 | + | REVISOR EB/CH 25-0031102/20/25 50.1 (b) The executive board shall periodically disseminate criteria for admission and |
|---|
| 1646 | + | 50.2continued stay in a state-operated services facility. The executive board shall disseminate |
|---|
| 1647 | + | 50.3the criteria to the courts of the state and counties. |
|---|
| 1648 | + | 50.4 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1649 | + | 50.5 Sec. 33. Minnesota Statutes 2024, section 246C.20, is amended to read: |
|---|
| 1650 | + | 50.6 246C.20 CONTRACT WITH DEPARTMENT OF HUMAN SERVICES FOR |
|---|
| 1651 | + | 50.7ADMINISTRATIVE SERVICES. |
|---|
| 1652 | + | 50.8 (a) Direct Care and Treatment shall contract with the Department of Human Services |
|---|
| 1653 | + | 50.9to provide determinations on issues of county of financial responsibility under chapter 256G |
|---|
| 1654 | + | 50.10and to provide administrative and judicial review of direct care and treatment matters |
|---|
| 1655 | + | 50.11according to section 256.045. |
|---|
| 1656 | + | 50.12 (b) The executive board may prescribe rules necessary to carry out this subdivision |
|---|
| 1657 | + | 50.13section, except that the executive board must not create any rule purporting to control the |
|---|
| 1658 | + | 50.14decision making or processes of state human services judges under section 256.045, |
|---|
| 1659 | + | 50.15subdivision 4, or the decision making or processes of the commissioner of human services |
|---|
| 1660 | + | 50.16issuing an advisory opinion or recommended order to the executive board under section |
|---|
| 1661 | + | 50.17256G.09, subdivision 3. The executive board must not create any rule purporting to control |
|---|
| 1662 | + | 50.18processes for determinations of financial responsibility under chapter 256G or administrative |
|---|
| 1663 | + | 50.19and judicial review under section 256.045 on matters outside of the jurisdiction of Direct |
|---|
| 1664 | + | 50.20Care and Treatment. |
|---|
| 1665 | + | 50.21 (c) The executive board and commissioner of human services may adopt joint rules |
|---|
| 1666 | + | 50.22necessary to accomplish the purposes of this section. |
|---|
| 1667 | + | 50.23Sec. 34. [246C.21] INTERVIEW EXPENSES. |
|---|
| 1668 | + | 50.24 Job applicants for professional, administrative, or highly technical positions recruited |
|---|
| 1669 | + | 50.25by the Direct Care and Treatment executive board may be reimbursed for necessary travel |
|---|
| 1670 | + | 50.26expenses to and from interviews arranged by the Direct Care and Treatment executive board. |
|---|
| 1671 | + | 50.27 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1672 | + | 50.28Sec. 35. [246C.211] FEDERAL GRANTS FOR MINNESOTA INDIANS. |
|---|
| 1673 | + | 50.29 The Direct Care and Treatment executive board is authorized to enter into contracts with |
|---|
| 1674 | + | 50.30the United States Departments of Health and Human Services; Education; and Interior, |
|---|
| 1675 | + | 50Article 3 Sec. 35. |
|---|
| 1676 | + | REVISOR EB/CH 25-0031102/20/25 51.1Bureau of Indian Affairs, for the purposes of receiving federal grants for the welfare and |
|---|
| 1677 | + | 51.2relief of Minnesota Indians. |
|---|
| 1678 | + | 51.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1679 | + | 51.4 Sec. 36. Minnesota Statutes 2024, section 252.291, subdivision 3, is amended to read: |
|---|
| 1680 | + | 51.5 Subd. 3.Duties of commissioner of human services.The commissioner shall: |
|---|
| 1681 | + | 51.6 (1) establish standard admission criteria for state hospitals and county utilization targets |
|---|
| 1682 | + | 51.7to limit and reduce the number of intermediate care beds in state hospitals and community |
|---|
| 1683 | + | 51.8facilities in accordance with approved waivers under United States Code, title 42, sections |
|---|
| 1684 | + | 51.91396 to 1396p, as amended through December 31, 1987, to assure ensure that appropriate |
|---|
| 1685 | + | 51.10services are provided in the least restrictive setting; |
|---|
| 1686 | + | 51.11 (2) define services, including respite care, that may be needed in meeting individual |
|---|
| 1687 | + | 51.12service plan objectives; |
|---|
| 1688 | + | 51.13 (3) provide technical assistance so that county boards may establish a request for proposal |
|---|
| 1689 | + | 51.14system for meeting individual service plan objectives through home and community-based |
|---|
| 1690 | + | 51.15services; alternative community services; or, if no other alternative will meet the needs of |
|---|
| 1691 | + | 51.16identifiable individuals for whom the county is financially responsible, a new intermediate |
|---|
| 1692 | + | 51.17care facility for persons with developmental disabilities; |
|---|
| 1693 | + | 51.18 (4) establish a client tracking and evaluation system as required under applicable federal |
|---|
| 1694 | + | 51.19waiver regulations, Code of Federal Regulations, title 42, sections 431, 435, 440, and 441, |
|---|
| 1695 | + | 51.20as amended through December 31, 1987; and |
|---|
| 1696 | + | 51.21 (5) develop a state plan for the delivery and funding of residential day and support |
|---|
| 1697 | + | 51.22services to persons with developmental disabilities in Minnesota. The biennial developmental |
|---|
| 1698 | + | 51.23disability plan shall include but not be limited to: |
|---|
| 1699 | + | 51.24 (i) county by county maximum intermediate care bed utilization quotas; |
|---|
| 1700 | + | 51.25 (ii) plans for the development of the number and types of services alternative to |
|---|
| 1701 | + | 51.26intermediate care beds; |
|---|
| 1702 | + | 51.27 (iii) procedures for the administration and management of the plan; |
|---|
| 1703 | + | 51.28 (iv) procedures for the evaluation of the implementation of the plan; and |
|---|
| 1704 | + | 51.29 (v) the number, type, and location of intermediate care beds targeted for decertification. |
|---|
| 1705 | + | 51.30 The commissioner shall modify the plan to ensure conformance with the medical |
|---|
| 1706 | + | 51.31assistance home and community-based services waiver. |
|---|
| 1707 | + | 51Article 3 Sec. 36. |
|---|
| 1708 | + | REVISOR EB/CH 25-0031102/20/25 52.1 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 1709 | + | 52.2 Sec. 37. Minnesota Statutes 2024, section 252.50, subdivision 5, is amended to read: |
|---|
| 1710 | + | 52.3 Subd. 5.Location of programs.(a) In determining the location of state-operated, |
|---|
| 1711 | + | 52.4community-based programs, the needs of the individual client shall be paramount. The |
|---|
| 1712 | + | 52.5executive board shall also take into account: |
|---|
| 1713 | + | 52.6 (1) prioritization of beds services in state-operated, community-based programs for |
|---|
| 1714 | + | 52.7individuals with complex behavioral needs that cannot be met by private community-based |
|---|
| 1715 | + | 52.8providers; |
|---|
| 1716 | + | 52.9 (2) choices made by individuals who chose to move to a more integrated setting, and |
|---|
| 1717 | + | 52.10shall coordinate with the lead agency to ensure that appropriate person-centered transition |
|---|
| 1718 | + | 52.11plans are created; |
|---|
| 1719 | + | 52.12 (3) the personal preferences of the persons being served and their families as determined |
|---|
| 1720 | + | 52.13by Minnesota Rules, parts 9525.0004 to 9525.0036; |
|---|
| 1721 | + | 52.14 (4) the location of the support services established by the individual service plans of the |
|---|
| 1722 | + | 52.15persons being served; |
|---|
| 1723 | + | 52.16 (5) the appropriate grouping of the persons served; |
|---|
| 1724 | + | 52.17 (6) the availability of qualified staff; |
|---|
| 1725 | + | 52.18 (7) the need for state-operated, community-based programs in the geographical region |
|---|
| 1726 | + | 52.19of the state; and |
|---|
| 1727 | + | 52.20 (8) a reasonable commuting distance from a regional treatment center or the residences |
|---|
| 1728 | + | 52.21of the program staff. |
|---|
| 1729 | + | 52.22 (b) The executive board must locate state-operated, community-based programs in |
|---|
| 1730 | + | 52.23coordination with the commissioner of human services according to section 252.28. |
|---|
| 1731 | + | 52.24Sec. 38. Minnesota Statutes 2024, section 253B.09, subdivision 3a, is amended to read: |
|---|
| 1732 | + | 52.25 Subd. 3a.Reporting judicial commitments; private treatment program or |
|---|
| 1733 | + | 52.26facility.Notwithstanding section 253B.23, subdivision 9, when a court commits a patient |
|---|
| 1734 | + | 52.27to a non-state-operated treatment facility or program, the court shall report the commitment |
|---|
| 1735 | + | 52.28to the commissioner through the supreme court information system for purposes of providing |
|---|
| 1736 | + | 52.29commitment information for firearm background checks under section 246C.15. If the |
|---|
| 1737 | + | 52.30patient is committed to a state-operated treatment program, the court shall send a copy of |
|---|
| 1738 | + | 52.31the commitment order to the commissioner and the executive board. |
|---|
| 1739 | + | 52Article 3 Sec. 38. |
|---|
| 1740 | + | REVISOR EB/CH 25-0031102/20/25 53.1 Sec. 39. Minnesota Statutes 2024, section 253B.10, subdivision 1, is amended to read: |
|---|
| 1741 | + | 53.2 Subdivision 1.Administrative requirements.(a) When a person is committed, the |
|---|
| 1742 | + | 53.3court shall issue a warrant or an order committing the patient to the custody of the head of |
|---|
| 1743 | + | 53.4the treatment facility, state-operated treatment program, or community-based treatment |
|---|
| 1744 | + | 53.5program. The warrant or order shall state that the patient meets the statutory criteria for |
|---|
| 1745 | + | 53.6civil commitment. |
|---|
| 1746 | + | 53.7 (b) The executive board shall prioritize civilly committed patients being admitted from |
|---|
| 1747 | + | 53.8jail or a correctional institution or who are referred to a state-operated treatment facility for |
|---|
| 1748 | + | 53.9competency attainment or a competency examination under sections 611.40 to 611.59 for |
|---|
| 1749 | + | 53.10admission to a medically appropriate state-operated direct care and treatment bed based on |
|---|
| 1750 | + | 53.11the decisions of physicians in the executive medical director's office, using a priority |
|---|
| 1751 | + | 53.12admissions framework. The framework must account for a range of factors for priority |
|---|
| 1752 | + | 53.13admission, including but not limited to: |
|---|
| 1753 | + | 53.14 (1) the length of time the person has been on a waiting list for admission to a |
|---|
| 1754 | + | 53.15state-operated direct care and treatment program since the date of the order under paragraph |
|---|
| 1755 | + | 53.16(a), or the date of an order issued under sections 611.40 to 611.59; |
|---|
| 1756 | + | 53.17 (2) the intensity of the treatment the person needs, based on medical acuity; |
|---|
| 1757 | + | 53.18 (3) the person's revoked provisional discharge status; |
|---|
| 1758 | + | 53.19 (4) the person's safety and safety of others in the person's current environment; |
|---|
| 1759 | + | 53.20 (5) whether the person has access to necessary or court-ordered treatment; |
|---|
| 1760 | + | 53.21 (6) distinct and articulable negative impacts of an admission delay on the facility referring |
|---|
| 1761 | + | 53.22the individual for treatment; and |
|---|
| 1762 | + | 53.23 (7) any relevant federal prioritization requirements. |
|---|
| 1763 | + | 53.24Patients described in this paragraph must be admitted to a state-operated treatment program |
|---|
| 1764 | + | 53.25within 48 hours. The commitment must be ordered by the court as provided in section |
|---|
| 1765 | + | 53.26253B.09, subdivision 1, paragraph (d). Patients committed to a secure treatment facility or |
|---|
| 1766 | + | 53.27less restrictive setting as ordered by the court under section 253B.18, subdivisions 1 and 2, |
|---|
| 1767 | + | 53.28must be prioritized for admission to a state-operated treatment program using the priority |
|---|
| 1768 | + | 53.29admissions framework in this paragraph. |
|---|
| 1769 | + | 53.30 (c) Upon the arrival of a patient at the designated treatment facility, state-operated |
|---|
| 1770 | + | 53.31treatment program, or community-based treatment program, the head of the facility or |
|---|
| 1771 | + | 53.32program shall retain the duplicate of the warrant and endorse receipt upon the original |
|---|
| 1772 | + | 53Article 3 Sec. 39. |
|---|
| 1773 | + | REVISOR EB/CH 25-0031102/20/25 54.1warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must |
|---|
| 1774 | + | 54.2be filed in the court of commitment. After arrival, the patient shall be under the control and |
|---|
| 1775 | + | 54.3custody of the head of the facility or program. |
|---|
| 1776 | + | 54.4 (d) Copies of the petition for commitment, the court's findings of fact and conclusions |
|---|
| 1777 | + | 54.5of law, the court order committing the patient, the report of the court examiners, and the |
|---|
| 1778 | + | 54.6prepetition report, and any medical and behavioral information available shall be provided |
|---|
| 1779 | + | 54.7at the time of admission of a patient to the designated treatment facility or program to which |
|---|
| 1780 | + | 54.8the patient is committed. Upon a patient's referral to the executive board for admission |
|---|
| 1781 | + | 54.9pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, jail, or |
|---|
| 1782 | + | 54.10correctional facility that has provided care or supervision to the patient in the previous two |
|---|
| 1783 | + | 54.11years shall, when requested by the treatment facility or executive board, provide copies of |
|---|
| 1784 | + | 54.12the patient's medical and behavioral records to the executive board for purposes of |
|---|
| 1785 | + | 54.13preadmission planning. This information shall be provided by the head of the treatment |
|---|
| 1786 | + | 54.14facility to treatment facility staff in a consistent and timely manner and pursuant to all |
|---|
| 1787 | + | 54.15applicable laws. |
|---|
| 1788 | + | 54.16 (e) Patients described in paragraph (b) must be admitted to a state-operated treatment |
|---|
| 1789 | + | 54.17program within 48 hours of the Office of Executive Medical Director, under section 246C.09, |
|---|
| 1790 | + | 54.18or a designee determining that a medically appropriate bed is available. This paragraph |
|---|
| 1791 | + | 54.19expires on June 30, 2025. |
|---|
| 1792 | + | 54.20 (f) Within four business days of determining which state-operated direct care and |
|---|
| 1793 | + | 54.21treatment program or programs are appropriate for an individual, the executive medical |
|---|
| 1794 | + | 54.22director's office or a designee must notify the source of the referral and the responsible |
|---|
| 1795 | + | 54.23county human services agency, the individual being ordered to direct care and treatment, |
|---|
| 1796 | + | 54.24and the district court that issued the order of the determination. The notice shall include |
|---|
| 1797 | + | 54.25which program or programs are appropriate for the person's priority status. Any interested |
|---|
| 1798 | + | 54.26person may provide additional information or request updated priority status about the |
|---|
| 1799 | + | 54.27individual to the executive medical director's office or a designee while the individual is |
|---|
| 1800 | + | 54.28awaiting admission. Updated priority status of an individual will only be disclosed to |
|---|
| 1801 | + | 54.29interested persons who are legally authorized to receive private information about the |
|---|
| 1802 | + | 54.30individual. When an available bed has been identified, the executive medical director's |
|---|
| 1803 | + | 54.31office or a designee must notify the designated agency and the facility where the individual |
|---|
| 1804 | + | 54.32is awaiting admission that the individual has been accepted for admission to a particular |
|---|
| 1805 | + | 54.33state-operated direct care and treatment program and the earliest possible date the admission |
|---|
| 1806 | + | 54.34can occur. The designated agency or facility where the individual is awaiting admission |
|---|
| 1807 | + | 54Article 3 Sec. 39. |
|---|
| 1808 | + | REVISOR EB/CH 25-0031102/20/25 55.1must transport the individual to the admitting state-operated direct care and treatment |
|---|
| 1809 | + | 55.2program no more than 48 hours after the offered admission date. |
|---|
| 1810 | + | 55.3 Sec. 40. Minnesota Statutes 2024, section 256.01, subdivision 2, is amended to read: |
|---|
| 1811 | + | 55.4 Subd. 2.Specific powers.Subject to the provisions of section 241.021, subdivision 2, |
|---|
| 1812 | + | 55.5the commissioner of human services shall carry out the specific duties in paragraphs (a) |
|---|
| 1813 | + | 55.6through (bb): |
|---|
| 1814 | + | 55.7 (a) Administer and supervise the forms of public assistance provided for by state law |
|---|
| 1815 | + | 55.8and other welfare activities or services that are vested in the commissioner. Administration |
|---|
| 1816 | + | 55.9and supervision of human services activities or services includes, but is not limited to, |
|---|
| 1817 | + | 55.10assuring timely and accurate distribution of benefits, completeness of service, and quality |
|---|
| 1818 | + | 55.11program management. In addition to administering and supervising human services activities |
|---|
| 1819 | + | 55.12vested by law in the department, the commissioner shall have the authority to: |
|---|
| 1820 | + | 55.13 (1) require county agency participation in training and technical assistance programs to |
|---|
| 1821 | + | 55.14promote compliance with statutes, rules, federal laws, regulations, and policies governing |
|---|
| 1822 | + | 55.15human services; |
|---|
| 1823 | + | 55.16 (2) monitor, on an ongoing basis, the performance of county agencies in the operation |
|---|
| 1824 | + | 55.17and administration of human services, enforce compliance with statutes, rules, federal laws, |
|---|
| 1825 | + | 55.18regulations, and policies governing welfare services and promote excellence of administration |
|---|
| 1826 | + | 55.19and program operation; |
|---|
| 1827 | + | 55.20 (3) develop a quality control program or other monitoring program to review county |
|---|
| 1828 | + | 55.21performance and accuracy of benefit determinations; |
|---|
| 1829 | + | 55.22 (4) require county agencies to make an adjustment to the public assistance benefits issued |
|---|
| 1830 | + | 55.23to any individual consistent with federal law and regulation and state law and rule and to |
|---|
| 1831 | + | 55.24issue or recover benefits as appropriate; |
|---|
| 1832 | + | 55.25 (5) delay or deny payment of all or part of the state and federal share of benefits and |
|---|
| 1833 | + | 55.26administrative reimbursement according to the procedures set forth in section 256.017; |
|---|
| 1834 | + | 55.27 (6) make contracts with and grants to public and private agencies and organizations, |
|---|
| 1835 | + | 55.28both profit and nonprofit, and individuals, using appropriated funds; and |
|---|
| 1836 | + | 55.29 (7) enter into contractual agreements with federally recognized Indian Tribes with a |
|---|
| 1837 | + | 55.30reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved |
|---|
| 1838 | + | 55.31family assistance program or any other program under the supervision of the commissioner. |
|---|
| 1839 | + | 55.32The commissioner shall consult with the affected county or counties in the contractual |
|---|
| 1840 | + | 55Article 3 Sec. 40. |
|---|
| 1841 | + | REVISOR EB/CH 25-0031102/20/25 56.1agreement negotiations, if the county or counties wish to be included, in order to avoid the |
|---|
| 1842 | + | 56.2duplication of county and Tribal assistance program services. The commissioner may |
|---|
| 1843 | + | 56.3establish necessary accounts for the purposes of receiving and disbursing funds as necessary |
|---|
| 1844 | + | 56.4for the operation of the programs. |
|---|
| 1845 | + | 56.5The commissioner shall work in conjunction with the commissioner of children, youth, and |
|---|
| 1846 | + | 56.6families to carry out the duties of this paragraph when necessary and feasible. |
|---|
| 1847 | + | 56.7 (b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law, |
|---|
| 1848 | + | 56.8regulation, and policy necessary to county agency administration of the programs. |
|---|
| 1849 | + | 56.9 (c) Administer and supervise all noninstitutional service to persons with disabilities, |
|---|
| 1850 | + | 56.10including persons who have vision impairments, and persons who are deaf, deafblind, and |
|---|
| 1851 | + | 56.11hard-of-hearing or with other disabilities. The commissioner may provide and contract for |
|---|
| 1852 | + | 56.12the care and treatment of qualified indigent children in facilities other than those located |
|---|
| 1853 | + | 56.13and available at state hospitals operated by the executive board when it is not feasible to |
|---|
| 1854 | + | 56.14provide the service in state hospitals operated by the executive board. |
|---|
| 1855 | + | 56.15 (d) Assist and actively cooperate with other departments, agencies and institutions, local, |
|---|
| 1856 | + | 56.16state, and federal, by performing services in conformity with the purposes of Laws 1939, |
|---|
| 1857 | + | 56.17chapter 431. |
|---|
| 1858 | + | 56.18 (e) Act as the agent of and cooperate with the federal government in matters of mutual |
|---|
| 1859 | + | 56.19concern relative to and in conformity with the provisions of Laws 1939, chapter 431, |
|---|
| 1860 | + | 56.20including the administration of any federal funds granted to the state to aid in the performance |
|---|
| 1861 | + | 56.21of any functions of the commissioner as specified in Laws 1939, chapter 431, and including |
|---|
| 1862 | + | 56.22the promulgation of rules making uniformly available medical care benefits to all recipients |
|---|
| 1863 | + | 56.23of public assistance, at such times as the federal government increases its participation in |
|---|
| 1864 | + | 56.24assistance expenditures for medical care to recipients of public assistance, the cost thereof |
|---|
| 1865 | + | 56.25to be borne in the same proportion as are grants of aid to said recipients. |
|---|
| 1866 | + | 56.26 (f) Establish and maintain any administrative units reasonably necessary for the |
|---|
| 1867 | + | 56.27performance of administrative functions common to all divisions of the department. |
|---|
| 1868 | + | 56.28 (g) Act as designated guardian of both the estate and the person of all the wards of the |
|---|
| 1869 | + | 56.29state of Minnesota, whether by operation of law or by an order of court, without any further |
|---|
| 1870 | + | 56.30act or proceeding whatever, except as to persons committed as developmentally disabled. |
|---|
| 1871 | + | 56.31 (h) Act as coordinating referral and informational center on requests for service for |
|---|
| 1872 | + | 56.32newly arrived immigrants coming to Minnesota. |
|---|
| 1873 | + | 56Article 3 Sec. 40. |
|---|
| 1874 | + | REVISOR EB/CH 25-0031102/20/25 57.1 (i) The specific enumeration of powers and duties as hereinabove set forth shall in no |
|---|
| 1875 | + | 57.2way be construed to be a limitation upon the general transfer of powers herein contained. |
|---|
| 1876 | + | 57.3 (j) Establish county, regional, or statewide schedules of maximum fees and charges |
|---|
| 1877 | + | 57.4which may be paid by county agencies for medical, dental, surgical, hospital, nursing and |
|---|
| 1878 | + | 57.5nursing home care and medicine and medical supplies under all programs of medical care |
|---|
| 1879 | + | 57.6provided by the state and for congregate living care under the income maintenance programs. |
|---|
| 1880 | + | 57.7 (k) Have the authority to conduct and administer experimental projects to test methods |
|---|
| 1881 | + | 57.8and procedures of administering assistance and services to recipients or potential recipients |
|---|
| 1882 | + | 57.9of public welfare. To carry out such experimental projects, it is further provided that the |
|---|
| 1883 | + | 57.10commissioner of human services is authorized to waive the enforcement of existing specific |
|---|
| 1884 | + | 57.11statutory program requirements, rules, and standards in one or more counties. The order |
|---|
| 1885 | + | 57.12establishing the waiver shall provide alternative methods and procedures of administration, |
|---|
| 1886 | + | 57.13shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and |
|---|
| 1887 | + | 57.14in no event shall the duration of a project exceed four years. It is further provided that no |
|---|
| 1888 | + | 57.15order establishing an experimental project as authorized by the provisions of this section |
|---|
| 1889 | + | 57.16shall become effective until the following conditions have been met: |
|---|
| 1890 | + | 57.17 (1) the United States Secretary of Health and Human Services has agreed, for the same |
|---|
| 1891 | + | 57.18project, to waive state plan requirements relative to statewide uniformity; and |
|---|
| 1892 | + | 57.19 (2) a comprehensive plan, including estimated project costs, shall be approved by the |
|---|
| 1893 | + | 57.20Legislative Advisory Commission and filed with the commissioner of administration. |
|---|
| 1894 | + | 57.21 (l) According to federal requirements and in coordination with the commissioner of |
|---|
| 1895 | + | 57.22children, youth, and families, establish procedures to be followed by local welfare boards |
|---|
| 1896 | + | 57.23in creating citizen advisory committees, including procedures for selection of committee |
|---|
| 1897 | + | 57.24members. |
|---|
| 1898 | + | 57.25 (m) Allocate federal fiscal disallowances or sanctions which are based on quality control |
|---|
| 1899 | + | 57.26error rates for medical assistance in the following manner: |
|---|
| 1900 | + | 57.27 (1) one-half of the total amount of the disallowance shall be borne by the county boards |
|---|
| 1901 | + | 57.28responsible for administering the programs. Disallowances shall be shared by each county |
|---|
| 1902 | + | 57.29board in the same proportion as that county's expenditures for the sanctioned program are |
|---|
| 1903 | + | 57.30to the total of all counties' expenditures for medical assistance. Each county shall pay its |
|---|
| 1904 | + | 57.31share of the disallowance to the state of Minnesota. When a county fails to pay the amount |
|---|
| 1905 | + | 57.32due hereunder, the commissioner may deduct the amount from reimbursement otherwise |
|---|
| 1906 | + | 57.33due the county, or the attorney general, upon the request of the commissioner, may institute |
|---|
| 1907 | + | 57.34civil action to recover the amount due; and |
|---|
| 1908 | + | 57Article 3 Sec. 40. |
|---|
| 1909 | + | REVISOR EB/CH 25-0031102/20/25 58.1 (2) notwithstanding the provisions of clause (1), if the disallowance results from knowing |
|---|
| 1910 | + | 58.2noncompliance by one or more counties with a specific program instruction, and that knowing |
|---|
| 1911 | + | 58.3noncompliance is a matter of official county board record, the commissioner may require |
|---|
| 1912 | + | 58.4payment or recover from the county or counties, in the manner prescribed in clause (1), an |
|---|
| 1913 | + | 58.5amount equal to the portion of the total disallowance which resulted from the noncompliance, |
|---|
| 1914 | + | 58.6and may distribute the balance of the disallowance according to clause (1). |
|---|
| 1915 | + | 58.7 (n) Develop and implement special projects that maximize reimbursements and result |
|---|
| 1916 | + | 58.8in the recovery of money to the state. For the purpose of recovering state money, the |
|---|
| 1917 | + | 58.9commissioner may enter into contracts with third parties. Any recoveries that result from |
|---|
| 1918 | + | 58.10projects or contracts entered into under this paragraph shall be deposited in the state treasury |
|---|
| 1919 | + | 58.11and credited to a special account until the balance in the account reaches $1,000,000. When |
|---|
| 1920 | + | 58.12the balance in the account exceeds $1,000,000, the excess shall be transferred and credited |
|---|
| 1921 | + | 58.13to the general fund. All money in the account is appropriated to the commissioner for the |
|---|
| 1922 | + | 58.14purposes of this paragraph. |
|---|
| 1923 | + | 58.15 (o) Have the authority to establish and enforce the following county reporting |
|---|
| 1924 | + | 58.16requirements: |
|---|
| 1925 | + | 58.17 (1) the commissioner shall establish fiscal and statistical reporting requirements necessary |
|---|
| 1926 | + | 58.18to account for the expenditure of funds allocated to counties for human services programs. |
|---|
| 1927 | + | 58.19When establishing financial and statistical reporting requirements, the commissioner shall |
|---|
| 1928 | + | 58.20evaluate all reports, in consultation with the counties, to determine if the reports can be |
|---|
| 1929 | + | 58.21simplified or the number of reports can be reduced; |
|---|
| 1930 | + | 58.22 (2) the county board shall submit monthly or quarterly reports to the department as |
|---|
| 1931 | + | 58.23required by the commissioner. Monthly reports are due no later than 15 working days after |
|---|
| 1932 | + | 58.24the end of the month. Quarterly reports are due no later than 30 calendar days after the end |
|---|
| 1933 | + | 58.25of the quarter, unless the commissioner determines that the deadline must be shortened to |
|---|
| 1934 | + | 58.2620 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss |
|---|
| 1935 | + | 58.27of federal funding. Only reports that are complete, legible, and in the required format shall |
|---|
| 1936 | + | 58.28be accepted by the commissioner; |
|---|
| 1937 | + | 58.29 (3) if the required reports are not received by the deadlines established in clause (2), the |
|---|
| 1938 | + | 58.30commissioner may delay payments and withhold funds from the county board until the next |
|---|
| 1939 | + | 58.31reporting period. When the report is needed to account for the use of federal funds and the |
|---|
| 1940 | + | 58.32late report results in a reduction in federal funding, the commissioner shall withhold from |
|---|
| 1941 | + | 58.33the county boards with late reports an amount equal to the reduction in federal funding until |
|---|
| 1942 | + | 58.34full federal funding is received; |
|---|
| 1943 | + | 58Article 3 Sec. 40. |
|---|
| 1944 | + | REVISOR EB/CH 25-0031102/20/25 59.1 (4) a county board that submits reports that are late, illegible, incomplete, or not in the |
|---|
| 1945 | + | 59.2required format for two out of three consecutive reporting periods is considered |
|---|
| 1946 | + | 59.3noncompliant. When a county board is found to be noncompliant, the commissioner shall |
|---|
| 1947 | + | 59.4notify the county board of the reason the county board is considered noncompliant and |
|---|
| 1948 | + | 59.5request that the county board develop a corrective action plan stating how the county board |
|---|
| 1949 | + | 59.6plans to correct the problem. The corrective action plan must be submitted to the |
|---|
| 1950 | + | 59.7commissioner within 45 days after the date the county board received notice of |
|---|
| 1951 | + | 59.8noncompliance; |
|---|
| 1952 | + | 59.9 (5) the final deadline for fiscal reports or amendments to fiscal reports is one year after |
|---|
| 1953 | + | 59.10the date the report was originally due. If the commissioner does not receive a report by the |
|---|
| 1954 | + | 59.11final deadline, the county board forfeits the funding associated with the report for that |
|---|
| 1955 | + | 59.12reporting period and the county board must repay any funds associated with the report |
|---|
| 1956 | + | 59.13received for that reporting period; |
|---|
| 1957 | + | 59.14 (6) the commissioner may not delay payments, withhold funds, or require repayment |
|---|
| 1958 | + | 59.15under clause (3) or (5) if the county demonstrates that the commissioner failed to provide |
|---|
| 1959 | + | 59.16appropriate forms, guidelines, and technical assistance to enable the county to comply with |
|---|
| 1960 | + | 59.17the requirements. If the county board disagrees with an action taken by the commissioner |
|---|
| 1961 | + | 59.18under clause (3) or (5), the county board may appeal the action according to sections 14.57 |
|---|
| 1962 | + | 59.19to 14.69; and |
|---|
| 1963 | + | 59.20 (7) counties subject to withholding of funds under clause (3) or forfeiture or repayment |
|---|
| 1964 | + | 59.21of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover |
|---|
| 1965 | + | 59.22costs incurred due to actions taken by the commissioner under clause (3) or (5). |
|---|
| 1966 | + | 59.23 (p) Allocate federal fiscal disallowances or sanctions for audit exceptions when federal |
|---|
| 1967 | + | 59.24fiscal disallowances or sanctions are based on a statewide random sample in direct proportion |
|---|
| 1968 | + | 59.25to each county's claim for that period. |
|---|
| 1969 | + | 59.26 (q) Be responsible for ensuring the detection, prevention, investigation, and resolution |
|---|
| 1970 | + | 59.27of fraudulent activities or behavior by applicants, recipients, and other participants in the |
|---|
| 1971 | + | 59.28human services programs administered by the department. |
|---|
| 1972 | + | 59.29 (r) Require county agencies to identify overpayments, establish claims, and utilize all |
|---|
| 1973 | + | 59.30available and cost-beneficial methodologies to collect and recover these overpayments in |
|---|
| 1974 | + | 59.31the human services programs administered by the department. |
|---|
| 1975 | + | 59.32 (s) Have the authority to administer the federal drug rebate program for drugs purchased |
|---|
| 1976 | + | 59.33under the medical assistance program as allowed by section 1927 of title XIX of the Social |
|---|
| 1977 | + | 59.34Security Act and according to the terms and conditions of section 1927. Rebates shall be |
|---|
| 1978 | + | 59Article 3 Sec. 40. |
|---|
| 1979 | + | REVISOR EB/CH 25-0031102/20/25 60.1collected for all drugs that have been dispensed or administered in an outpatient setting and |
|---|
| 1980 | + | 60.2that are from manufacturers who have signed a rebate agreement with the United States |
|---|
| 1981 | + | 60.3Department of Health and Human Services. |
|---|
| 1982 | + | 60.4 (t) Have the authority to administer a supplemental drug rebate program for drugs |
|---|
| 1983 | + | 60.5purchased under the medical assistance program. The commissioner may enter into |
|---|
| 1984 | + | 60.6supplemental rebate contracts with pharmaceutical manufacturers and may require prior |
|---|
| 1985 | + | 60.7authorization for drugs that are from manufacturers that have not signed a supplemental |
|---|
| 1986 | + | 60.8rebate contract. Prior authorization of drugs shall be subject to the provisions of section |
|---|
| 1987 | + | 60.9256B.0625, subdivision 13. |
|---|
| 1988 | + | 60.10 (u) Operate the department's communication systems account established in Laws 1993, |
|---|
| 1989 | + | 60.11First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared |
|---|
| 1990 | + | 60.12communication costs necessary for the operation of the programs the commissioner |
|---|
| 1991 | + | 60.13supervises. Each account must be used to manage shared communication costs necessary |
|---|
| 1992 | + | 60.14for the operations of the programs the commissioner supervises. The commissioner may |
|---|
| 1993 | + | 60.15distribute the costs of operating and maintaining communication systems to participants in |
|---|
| 1994 | + | 60.16a manner that reflects actual usage. Costs may include acquisition, licensing, insurance, |
|---|
| 1995 | + | 60.17maintenance, repair, staff time and other costs as determined by the commissioner. Nonprofit |
|---|
| 1996 | + | 60.18organizations and state, county, and local government agencies involved in the operation |
|---|
| 1997 | + | 60.19of programs the commissioner supervises may participate in the use of the department's |
|---|
| 1998 | + | 60.20communications technology and share in the cost of operation. The commissioner may |
|---|
| 1999 | + | 60.21accept on behalf of the state any gift, bequest, devise or personal property of any kind, or |
|---|
| 2000 | + | 60.22money tendered to the state for any lawful purpose pertaining to the communication activities |
|---|
| 2001 | + | 60.23of the department. Any money received for this purpose must be deposited in the department's |
|---|
| 2002 | + | 60.24communication systems accounts. Money collected by the commissioner for the use of |
|---|
| 2003 | + | 60.25communication systems must be deposited in the state communication systems account and |
|---|
| 2004 | + | 60.26is appropriated to the commissioner for purposes of this section. |
|---|
| 2005 | + | 60.27 (v) Receive any federal matching money that is made available through the medical |
|---|
| 2006 | + | 60.28assistance program for the consumer satisfaction survey. Any federal money received for |
|---|
| 2007 | + | 60.29the survey is appropriated to the commissioner for this purpose. The commissioner may |
|---|
| 2008 | + | 60.30expend the federal money received for the consumer satisfaction survey in either year of |
|---|
| 2009 | + | 60.31the biennium. |
|---|
| 2010 | + | 60.32 (w) Designate community information and referral call centers and incorporate cost |
|---|
| 2011 | + | 60.33reimbursement claims from the designated community information and referral call centers |
|---|
| 2012 | + | 60.34into the federal cost reimbursement claiming processes of the department according to |
|---|
| 2013 | + | 60.35federal law, rule, and regulations. Existing information and referral centers provided by |
|---|
| 2014 | + | 60Article 3 Sec. 40. |
|---|
| 2015 | + | REVISOR EB/CH 25-0031102/20/25 61.1Greater Twin Cities United Way or existing call centers for which Greater Twin Cities |
|---|
| 2016 | + | 61.2United Way has legal authority to represent, shall be included in these designations upon |
|---|
| 2017 | + | 61.3review by the commissioner and assurance that these services are accredited and in |
|---|
| 2018 | + | 61.4compliance with national standards. Any reimbursement is appropriated to the commissioner |
|---|
| 2019 | + | 61.5and all designated information and referral centers shall receive payments according to |
|---|
| 2020 | + | 61.6normal department schedules established by the commissioner upon final approval of |
|---|
| 2021 | + | 61.7allocation methodologies from the United States Department of Health and Human Services |
|---|
| 2022 | + | 61.8Division of Cost Allocation or other appropriate authorities. |
|---|
| 2023 | + | 61.9 (x) Develop recommended standards for adult foster care homes that address the |
|---|
| 2024 | + | 61.10components of specialized therapeutic services to be provided by adult foster care homes |
|---|
| 2025 | + | 61.11with those services. |
|---|
| 2026 | + | 61.12 (y) Authorize the method of payment to or from the department as part of the human |
|---|
| 2027 | + | 61.13services programs administered by the department. This authorization includes the receipt |
|---|
| 2028 | + | 61.14or disbursement of funds held by the department in a fiduciary capacity as part of the human |
|---|
| 2029 | + | 61.15services programs administered by the department. |
|---|
| 2030 | + | 61.16 (z) Designate the agencies that operate the Senior LinkAge Line under section 256.975, |
|---|
| 2031 | + | 61.17subdivision 7, and the Disability Hub under subdivision 24 as the state of Minnesota Aging |
|---|
| 2032 | + | 61.18and Disability Resource Center under United States Code, title 42, section 3001, the Older |
|---|
| 2033 | + | 61.19Americans Act Amendments of 2006, and incorporate cost reimbursement claims from the |
|---|
| 2034 | + | 61.20designated centers into the federal cost reimbursement claiming processes of the department |
|---|
| 2035 | + | 61.21according to federal law, rule, and regulations. Any reimbursement must be appropriated |
|---|
| 2036 | + | 61.22to the commissioner and treated consistent with section 256.011. All Aging and Disability |
|---|
| 2037 | + | 61.23Resource Center designated agencies shall receive payments of grant funding that supports |
|---|
| 2038 | + | 61.24the activity and generates the federal financial participation according to Board on Aging |
|---|
| 2039 | + | 61.25administrative granting mechanisms. |
|---|
| 2040 | + | 61.26 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2041 | + | 61.27Sec. 41. Minnesota Statutes 2024, section 256.01, subdivision 5, is amended to read: |
|---|
| 2042 | + | 61.28 Subd. 5.Gifts, contributions, pensions and benefits; acceptance.The commissioner |
|---|
| 2043 | + | 61.29may receive and accept on behalf of patients and residents at the several state hospitals for |
|---|
| 2044 | + | 61.30persons with mental illness or developmental disabilities during the period of their |
|---|
| 2045 | + | 61.31hospitalization and while on provisional discharge therefrom, money due and payable to |
|---|
| 2046 | + | 61.32them as old age and survivors insurance benefits, veterans benefits, pensions or other such |
|---|
| 2047 | + | 61.33monetary benefits. Such gifts, contributions, pensions and benefits shall be deposited in and |
|---|
| 2048 | + | 61.34disbursed from the social welfare fund provided for in sections 256.88 to 256.92. |
|---|
| 2049 | + | 61Article 3 Sec. 41. |
|---|
| 2050 | + | REVISOR EB/CH 25-0031102/20/25 62.1 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2051 | + | 62.2 Sec. 42. Minnesota Statutes 2024, section 256.019, subdivision 1, is amended to read: |
|---|
| 2052 | + | 62.3 Subdivision 1.Retention rates.When an assistance recovery amount is collected and |
|---|
| 2053 | + | 62.4posted by a county agency under the provisions governing public assistance programs |
|---|
| 2054 | + | 62.5including general assistance medical care formerly codified in chapter 256D, general |
|---|
| 2055 | + | 62.6assistance, and Minnesota supplemental aid, the county may keep one-half of the recovery |
|---|
| 2056 | + | 62.7made by the county agency using any method other than recoupment. For medical assistance, |
|---|
| 2057 | + | 62.8if the recovery is made by a county agency using any method other than recoupment, the |
|---|
| 2058 | + | 62.9county may keep one-half of the nonfederal share of the recovery. For MinnesotaCare, if |
|---|
| 2059 | + | 62.10the recovery is collected and posted by the county agency, the county may keep one-half |
|---|
| 2060 | + | 62.11of the nonfederal share of the recovery. |
|---|
| 2061 | + | 62.12 This does not apply to recoveries from medical providers or to recoveries begun by the |
|---|
| 2062 | + | 62.13Department of Human Services' Surveillance and Utilization Review Division, State Hospital |
|---|
| 2063 | + | 62.14Collections Unit, and the Benefit Recoveries Division or, by the Direct Care and Treatment |
|---|
| 2064 | + | 62.15State Hospital Collections Unit, the attorney general's office, or child support collections. |
|---|
| 2065 | + | 62.16 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2066 | + | 62.17Sec. 43. Minnesota Statutes 2024, section 256.0281, is amended to read: |
|---|
| 2067 | + | 62.18 256.0281 INTERAGENCY DATA EXCHANGE. |
|---|
| 2068 | + | 62.19 (a) The Department of Human Services, the Department of Health, Direct Care and |
|---|
| 2069 | + | 62.20Treatment, and the Office of the Ombudsman for Mental Health and Developmental |
|---|
| 2070 | + | 62.21Disabilities may establish interagency agreements governing the electronic exchange of |
|---|
| 2071 | + | 62.22data on providers and individuals collected, maintained, or used by each agency when such |
|---|
| 2072 | + | 62.23exchange is outlined by each agency in an interagency agreement to accomplish the purposes |
|---|
| 2073 | + | 62.24in clauses (1) to (4): |
|---|
| 2074 | + | 62.25 (1) to improve provider enrollment processes for home and community-based services |
|---|
| 2075 | + | 62.26and state plan home care services; |
|---|
| 2076 | + | 62.27 (2) to improve quality management of providers between state agencies; |
|---|
| 2077 | + | 62.28 (3) to establish and maintain provider eligibility to participate as providers under |
|---|
| 2078 | + | 62.29Minnesota health care programs; or |
|---|
| 2079 | + | 62.30 (4) to meet the quality assurance reporting requirements under federal law under section |
|---|
| 2080 | + | 62.311915(c) of the Social Security Act related to home and community-based waiver programs. |
|---|
| 2081 | + | 62Article 3 Sec. 43. |
|---|
| 2082 | + | REVISOR EB/CH 25-0031102/20/25 63.1 (b) Each interagency agreement must include provisions to ensure anonymity of |
|---|
| 2083 | + | 63.2individuals, including mandated reporters, and must outline the specific uses of and access |
|---|
| 2084 | + | 63.3to shared data within each agency. Electronic interfaces between source data systems |
|---|
| 2085 | + | 63.4developed under these interagency agreements must incorporate these provisions as well |
|---|
| 2086 | + | 63.5as other HIPAA provisions related to individual data. |
|---|
| 2087 | + | 63.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2088 | + | 63.7 Sec. 44. Minnesota Statutes 2024, section 256.0451, subdivision 1, is amended to read: |
|---|
| 2089 | + | 63.8 Subdivision 1.Scope.(a) The requirements in this section apply to all fair hearings and |
|---|
| 2090 | + | 63.9appeals under sections 142A.20, subdivision 2, and 256.045, subdivision 3, paragraph (a), |
|---|
| 2091 | + | 63.10clauses (1), (2), (3), (5), (6), (7), (10), and (12). Except as provided in subdivisions 3 and |
|---|
| 2092 | + | 63.1119, the requirements under this section apply to fair hearings and appeals under section |
|---|
| 2093 | + | 63.12256.045, subdivision 3, paragraph (a), clauses (4), (8), (9), and (11). |
|---|
| 2094 | + | 63.13 (b) For purposes of this section, "person" means an individual who, on behalf of |
|---|
| 2095 | + | 63.14themselves or their household, is appealing or disputing or challenging an action, a decision, |
|---|
| 2096 | + | 63.15or a failure to act, by an agency in the human services system subject to this section. When |
|---|
| 2097 | + | 63.16a person involved in a proceeding under this section is represented by an attorney or by an |
|---|
| 2098 | + | 63.17authorized representative, the term "person" also means the person's attorney or authorized |
|---|
| 2099 | + | 63.18representative. Any notice sent to the person involved in the hearing must also be sent to |
|---|
| 2100 | + | 63.19the person's attorney or authorized representative. |
|---|
| 2101 | + | 63.20 (c) For purposes of this section, "agency" means the a county human services agency, |
|---|
| 2102 | + | 63.21the a state human services agency, and, where applicable, any entity involved under a |
|---|
| 2103 | + | 63.22contract, subcontract, grant, or subgrant with the state agency or with a county agency, that |
|---|
| 2104 | + | 63.23provides or operates programs or services in which appeals are governed by section 256.045. |
|---|
| 2105 | + | 63.24 (d) For purposes of this section, "state agency" means the Department of Human Services; |
|---|
| 2106 | + | 63.25the Department of Health; the Department of Education; the Department of Children, Youth, |
|---|
| 2107 | + | 63.26and Families; or Direct Care and Treatment. |
|---|
| 2108 | + | 63.27Sec. 45. Minnesota Statutes 2024, section 256.0451, subdivision 3, is amended to read: |
|---|
| 2109 | + | 63.28 Subd. 3.Agency appeal summary.(a) Except in fair hearings and appeals under section |
|---|
| 2110 | + | 63.29256.045, subdivision 3, paragraph (a), clauses (4), (9), and (10), the agency involved in an |
|---|
| 2111 | + | 63.30appeal must prepare a state agency appeal summary for each fair hearing appeal. The state |
|---|
| 2112 | + | 63.31agency appeal summary shall be mailed or otherwise delivered to the person who is involved |
|---|
| 2113 | + | 63.32in the appeal at least three working days before the date of the hearing. The state agency |
|---|
| 2114 | + | 63Article 3 Sec. 45. |
|---|
| 2115 | + | REVISOR EB/CH 25-0031102/20/25 64.1appeal summary must also be mailed or otherwise delivered to the department's Department |
|---|
| 2116 | + | 64.2of Human Services' Appeals Office at least three working days before the date of the fair |
|---|
| 2117 | + | 64.3hearing appeal. |
|---|
| 2118 | + | 64.4 (b) In addition, the human services judge shall confirm that the state agency appeal |
|---|
| 2119 | + | 64.5summary is mailed or otherwise delivered to the person involved in the appeal as required |
|---|
| 2120 | + | 64.6under paragraph (a). The person involved in the fair hearing should be provided, through |
|---|
| 2121 | + | 64.7the state agency appeal summary or other reasonable methods, appropriate information |
|---|
| 2122 | + | 64.8about the procedures for the fair hearing and an adequate opportunity to prepare. These |
|---|
| 2123 | + | 64.9requirements apply equally to the state agency or an entity under contract when involved |
|---|
| 2124 | + | 64.10in the appeal. |
|---|
| 2125 | + | 64.11 (c) The contents of the state agency appeal summary must be adequate to inform the |
|---|
| 2126 | + | 64.12person involved in the appeal of the evidence on which the agency relies and the legal basis |
|---|
| 2127 | + | 64.13for the agency's action or determination. |
|---|
| 2128 | + | 64.14Sec. 46. Minnesota Statutes 2024, section 256.0451, subdivision 6, is amended to read: |
|---|
| 2129 | + | 64.15 Subd. 6.Appeal request for emergency assistance or urgent matter.(a) When an |
|---|
| 2130 | + | 64.16appeal involves an application for emergency assistance, the agency involved shall mail or |
|---|
| 2131 | + | 64.17otherwise deliver the state agency appeal summary to the department's Department of Human |
|---|
| 2132 | + | 64.18Services' Appeals Office within two working days of receiving the request for an appeal. |
|---|
| 2133 | + | 64.19A person may also request that a fair hearing be held on an emergency basis when the issue |
|---|
| 2134 | + | 64.20requires an immediate resolution. The human services judge shall schedule the fair hearing |
|---|
| 2135 | + | 64.21on the earliest available date according to the urgency of the issue involved. Issuance of the |
|---|
| 2136 | + | 64.22recommended decision after an emergency hearing shall be expedited. |
|---|
| 2137 | + | 64.23 (b) The applicable commissioner or executive board shall issue a written decision within |
|---|
| 2138 | + | 64.24five working days of receiving the recommended decision, shall immediately inform the |
|---|
| 2139 | + | 64.25parties of the outcome by telephone, and shall mail the decision no later than two working |
|---|
| 2140 | + | 64.26days following the date of the decision. |
|---|
| 2141 | + | 64.27Sec. 47. Minnesota Statutes 2024, section 256.0451, subdivision 8, is amended to read: |
|---|
| 2142 | + | 64.28 Subd. 8.Subpoenas.A person involved in a fair hearing or the agency may request a |
|---|
| 2143 | + | 64.29subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall |
|---|
| 2144 | + | 64.30be issued to require the attendance and the testimony of witnesses, and the production of |
|---|
| 2145 | + | 64.31evidence relating to any issue of fact in the appeal hearing. The request for a subpoena must |
|---|
| 2146 | + | 64.32show a need for the subpoena and the general relevance to the issues involved. The subpoena |
|---|
| 2147 | + | 64Article 3 Sec. 47. |
|---|
| 2148 | + | REVISOR EB/CH 25-0031102/20/25 65.1shall be issued in the name of the Department of Human Services and shall be served and |
|---|
| 2149 | + | 65.2enforced as provided in section 357.22 and the Minnesota Rules of Civil Procedure. |
|---|
| 2150 | + | 65.3 An individual or entity served with a subpoena may petition the human services judge |
|---|
| 2151 | + | 65.4in writing to vacate or modify a subpoena. The human services judge shall resolve such a |
|---|
| 2152 | + | 65.5petition in a prehearing conference involving all parties and shall make a written decision. |
|---|
| 2153 | + | 65.6A subpoena may be vacated or modified if the human services judge determines that the |
|---|
| 2154 | + | 65.7testimony or evidence sought does not relate with reasonable directness to the issues of the |
|---|
| 2155 | + | 65.8fair hearing appeal; that the subpoena is unreasonable, over broad, or oppressive; that the |
|---|
| 2156 | + | 65.9evidence sought is repetitious or cumulative; or that the subpoena has not been served |
|---|
| 2157 | + | 65.10reasonably in advance of the time when the appeal hearing will be held. |
|---|
| 2158 | + | 65.11Sec. 48. Minnesota Statutes 2024, section 256.0451, subdivision 9, is amended to read: |
|---|
| 2159 | + | 65.12 Subd. 9.No ex parte contact.The human services judge shall not have ex parte contact |
|---|
| 2160 | + | 65.13on substantive issues with the agency or with any person or witness in a fair hearing appeal. |
|---|
| 2161 | + | 65.14No employee of the Department or an agency shall review, interfere with, change, or attempt |
|---|
| 2162 | + | 65.15to influence the recommended decision of the human services judge in any fair hearing |
|---|
| 2163 | + | 65.16appeal, except through the procedure allowed in subdivision 18. The limitations in this |
|---|
| 2164 | + | 65.17subdivision do not affect the applicable commissioner's or executive board's authority to |
|---|
| 2165 | + | 65.18review or reconsider decisions or make final decisions. |
|---|
| 2166 | + | 65.19Sec. 49. Minnesota Statutes 2024, section 256.0451, subdivision 18, is amended to read: |
|---|
| 2167 | + | 65.20 Subd. 18.Inviting comment by department state agency.The human services judge |
|---|
| 2168 | + | 65.21or the applicable commissioner or executive board may determine that a written comment |
|---|
| 2169 | + | 65.22by the department state agency about the policy implications of a specific legal issue could |
|---|
| 2170 | + | 65.23help resolve a pending appeal. Such a written policy comment from the department state |
|---|
| 2171 | + | 65.24agency shall be obtained only by a written request that is also sent to the person involved |
|---|
| 2172 | + | 65.25and to the agency or its representative. When such a written comment is received, both the |
|---|
| 2173 | + | 65.26person involved in the hearing and the agency shall have adequate opportunity to review, |
|---|
| 2174 | + | 65.27evaluate, and respond to the written comment, including submission of additional testimony |
|---|
| 2175 | + | 65.28or evidence, and cross-examination concerning the written comment. |
|---|
| 2176 | + | 65.29Sec. 50. Minnesota Statutes 2024, section 256.0451, subdivision 22, is amended to read: |
|---|
| 2177 | + | 65.30 Subd. 22.Decisions.A timely, written decision must be issued in every appeal. Each |
|---|
| 2178 | + | 65.31decision must contain a clear ruling on the issues presented in the appeal hearing and should |
|---|
| 2179 | + | 65Article 3 Sec. 50. |
|---|
| 2180 | + | REVISOR EB/CH 25-0031102/20/25 66.1contain a ruling only on questions directly presented by the appeal and the arguments raised |
|---|
| 2181 | + | 66.2in the appeal. |
|---|
| 2182 | + | 66.3 (a) A written decision must be issued within 90 days of the date the person involved |
|---|
| 2183 | + | 66.4requested the appeal unless a shorter time is required by law. An additional 30 days is |
|---|
| 2184 | + | 66.5provided in those cases where the applicable commissioner or executive board refuses to |
|---|
| 2185 | + | 66.6accept the recommended decision. In appeals of maltreatment determinations or |
|---|
| 2186 | + | 66.7disqualifications filed pursuant to section 256.045, subdivision 3, paragraph (a), clause (4), |
|---|
| 2187 | + | 66.8(8), or (9), that also give rise to possible licensing actions, the 90-day period for issuing |
|---|
| 2188 | + | 66.9final decisions does not begin until the later of the date that the licensing authority provides |
|---|
| 2189 | + | 66.10notice to the appeals division that the authority has made the final determination in the |
|---|
| 2190 | + | 66.11matter or the date the appellant files the last appeal in the consolidated matters. |
|---|
| 2191 | + | 66.12 (b) The decision must contain both findings of fact and conclusions of law, clearly |
|---|
| 2192 | + | 66.13separated and identified. The findings of fact must be based on the entire record. Each |
|---|
| 2193 | + | 66.14finding of fact made by the human services judge shall be supported by a preponderance |
|---|
| 2194 | + | 66.15of the evidence unless a different standard is required under the regulations of a particular |
|---|
| 2195 | + | 66.16program. The "preponderance of the evidence" means, in light of the record as a whole, the |
|---|
| 2196 | + | 66.17evidence leads the human services judge to believe that the finding of fact is more likely to |
|---|
| 2197 | + | 66.18be true than not true. The legal claims or arguments of a participant do not constitute either |
|---|
| 2198 | + | 66.19a finding of fact or a conclusion of law, except to the extent the human services judge adopts |
|---|
| 2199 | + | 66.20an argument as a finding of fact or conclusion of law. |
|---|
| 2200 | + | 66.21 The decision shall contain at least the following: |
|---|
| 2201 | + | 66.22 (1) a listing of the date and place of the hearing and the participants at the hearing; |
|---|
| 2202 | + | 66.23 (2) a clear and precise statement of the issues, including the dispute under consideration |
|---|
| 2203 | + | 66.24and the specific points which must be resolved in order to decide the case; |
|---|
| 2204 | + | 66.25 (3) a listing of the material, including exhibits, records, reports, placed into evidence at |
|---|
| 2205 | + | 66.26the hearing, and upon which the hearing decision is based; |
|---|
| 2206 | + | 66.27 (4) the findings of fact based upon the entire hearing record. The findings of fact must |
|---|
| 2207 | + | 66.28be adequate to inform the participants and any interested person in the public of the basis |
|---|
| 2208 | + | 66.29of the decision. If the evidence is in conflict on an issue which must be resolved, the findings |
|---|
| 2209 | + | 66.30of fact must state the reasoning used in resolving the conflict; |
|---|
| 2210 | + | 66.31 (5) conclusions of law that address the legal authority for the hearing and the ruling, and |
|---|
| 2211 | + | 66.32which give appropriate attention to the claims of the participants to the hearing; |
|---|
| 2212 | + | 66Article 3 Sec. 50. |
|---|
| 2213 | + | REVISOR EB/CH 25-0031102/20/25 67.1 (6) a clear and precise statement of the decision made resolving the dispute under |
|---|
| 2214 | + | 67.2consideration in the hearing; and |
|---|
| 2215 | + | 67.3 (7) written notice of the right to appeal to district court or to request reconsideration, |
|---|
| 2216 | + | 67.4and of the actions required and the time limits for taking appropriate action to appeal to |
|---|
| 2217 | + | 67.5district court or to request a reconsideration. |
|---|
| 2218 | + | 67.6 (c) The human services judge shall not independently investigate facts or otherwise rely |
|---|
| 2219 | + | 67.7on information not presented at the hearing. The human services judge may not contact |
|---|
| 2220 | + | 67.8other agency personnel, except as provided in subdivision 18. The human services judge's |
|---|
| 2221 | + | 67.9recommended decision must be based exclusively on the testimony and evidence presented |
|---|
| 2222 | + | 67.10at the hearing, and legal arguments presented, and the human services judge's research and |
|---|
| 2223 | + | 67.11knowledge of the law. |
|---|
| 2224 | + | 67.12 (d) The applicable commissioner will or executive board must review the recommended |
|---|
| 2225 | + | 67.13decision and accept or refuse to accept the decision according to section 142A.20, subdivision |
|---|
| 2226 | + | 67.143, or 256.045, subdivision 5 or 5a. |
|---|
| 2227 | + | 67.15Sec. 51. Minnesota Statutes 2024, section 256.0451, subdivision 23, is amended to read: |
|---|
| 2228 | + | 67.16 Subd. 23.Refusal to accept recommended orders.(a) If the applicable commissioner |
|---|
| 2229 | + | 67.17or executive board refuses to accept the recommended order from the human services judge, |
|---|
| 2230 | + | 67.18the person involved, the person's attorney or authorized representative, and the agency shall |
|---|
| 2231 | + | 67.19be sent a copy of the recommended order, a detailed explanation of the basis for refusing |
|---|
| 2232 | + | 67.20to accept the recommended order, and the proposed modified order. |
|---|
| 2233 | + | 67.21 (b) The person involved and the agency shall have at least ten business days to respond |
|---|
| 2234 | + | 67.22to the proposed modification of the recommended order. The person involved and the agency |
|---|
| 2235 | + | 67.23may submit a legal argument concerning the proposed modification, and may propose to |
|---|
| 2236 | + | 67.24submit additional evidence that relates to the proposed modified order. |
|---|
| 2237 | + | 67.25Sec. 52. Minnesota Statutes 2024, section 256.0451, subdivision 24, is amended to read: |
|---|
| 2238 | + | 67.26 Subd. 24.Reconsideration.(a) Reconsideration may be requested within 30 days of |
|---|
| 2239 | + | 67.27the date of the applicable commissioner's or executive board's final order. If reconsideration |
|---|
| 2240 | + | 67.28is requested under section 142A.20, subdivision 3, or 256.045, subdivision 5 or 5a, the other |
|---|
| 2241 | + | 67.29participants in the appeal shall be informed of the request. The person seeking reconsideration |
|---|
| 2242 | + | 67.30has the burden to demonstrate why the matter should be reconsidered. The request for |
|---|
| 2243 | + | 67.31reconsideration may include legal argument and may include proposed additional evidence |
|---|
| 2244 | + | 67Article 3 Sec. 52. |
|---|
| 2245 | + | REVISOR EB/CH 25-0031102/20/25 68.1supporting the request. The other participants shall be sent a copy of all material submitted |
|---|
| 2246 | + | 68.2in support of the request for reconsideration and must be given ten days to respond. |
|---|
| 2247 | + | 68.3 (b) When the requesting party raises a question as to the appropriateness of the findings |
|---|
| 2248 | + | 68.4of fact, the applicable commissioner or executive board shall review the entire record. |
|---|
| 2249 | + | 68.5 (c) When the requesting party questions the appropriateness of a conclusion of law, the |
|---|
| 2250 | + | 68.6applicable commissioner or executive board shall consider the recommended decision, the |
|---|
| 2251 | + | 68.7decision under reconsideration, and the material submitted in connection with the |
|---|
| 2252 | + | 68.8reconsideration. The applicable commissioner or executive board shall review the remaining |
|---|
| 2253 | + | 68.9record as necessary to issue a reconsidered decision. |
|---|
| 2254 | + | 68.10 (d) The applicable commissioner or executive board shall issue a written decision on |
|---|
| 2255 | + | 68.11reconsideration in a timely fashion. The decision must clearly inform the parties that this |
|---|
| 2256 | + | 68.12constitutes the final administrative decision, advise the participants of the right to seek |
|---|
| 2257 | + | 68.13judicial review, and the deadline for doing so. |
|---|
| 2258 | + | 68.14Sec. 53. Minnesota Statutes 2024, section 256.4825, is amended to read: |
|---|
| 2259 | + | 68.15 256.4825 REPORT REGARDING PROGRAMS AND SERVICES FOR PEOPLE |
|---|
| 2260 | + | 68.16WITH DISABILITIES. |
|---|
| 2261 | + | 68.17 The Minnesota State Council on Disability, the Minnesota Consortium for Citizens with |
|---|
| 2262 | + | 68.18Disabilities, and the Arc of Minnesota may submit an annual report by January 15 of each |
|---|
| 2263 | + | 68.19year, beginning in 2012, to the chairs and ranking minority members of the legislative |
|---|
| 2264 | + | 68.20committees with jurisdiction over programs serving people with disabilities as provided in |
|---|
| 2265 | + | 68.21this section. The report must describe the existing state policies and goals for programs |
|---|
| 2266 | + | 68.22serving people with disabilities including, but not limited to, programs for employment, |
|---|
| 2267 | + | 68.23transportation, housing, education, quality assurance, consumer direction, physical and |
|---|
| 2268 | + | 68.24programmatic access, and health. The report must provide data and measurements to assess |
|---|
| 2269 | + | 68.25the extent to which the policies and goals are being met. The commissioner of human |
|---|
| 2270 | + | 68.26services, the Direct Care and Treatment executive board, and the commissioners of other |
|---|
| 2271 | + | 68.27state agencies administering programs for people with disabilities shall cooperate with the |
|---|
| 2272 | + | 68.28Minnesota State Council on Disability, the Minnesota Consortium for Citizens with |
|---|
| 2273 | + | 68.29Disabilities, and the Arc of Minnesota and provide those organizations with existing |
|---|
| 2274 | + | 68.30published information and reports that will assist in the preparation of the report. |
|---|
| 2275 | + | 68.31 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2276 | + | 68Article 3 Sec. 53. |
|---|
| 2277 | + | REVISOR EB/CH 25-0031102/20/25 69.1 Sec. 54. Minnesota Statutes 2024, section 256.93, subdivision 1, is amended to read: |
|---|
| 2278 | + | 69.2 Subdivision 1.Limitations.In any case where the guardianship of any child with a |
|---|
| 2279 | + | 69.3developmental disability or who is disabled, dependent, neglected or delinquent, or a child |
|---|
| 2280 | + | 69.4born to a mother who was not married to the child's father when the child was conceived |
|---|
| 2281 | + | 69.5nor when the child was born, has been committed appointed to the commissioner of human |
|---|
| 2282 | + | 69.6services, and in any case where the guardianship of any person with a developmental |
|---|
| 2283 | + | 69.7disability has been committed appointed to the commissioner of human services, the court |
|---|
| 2284 | + | 69.8having jurisdiction of the estate may on such notice as the court may direct, authorize the |
|---|
| 2285 | + | 69.9commissioner to take possession of the personal property in the estate, liquidate it, and hold |
|---|
| 2286 | + | 69.10the proceeds in trust for the ward, to be invested, expended and accounted for as provided |
|---|
| 2287 | + | 69.11by sections 256.88 to 256.92. |
|---|
| 2288 | + | 69.12Sec. 55. Minnesota Statutes 2024, section 256.98, subdivision 7, is amended to read: |
|---|
| 2289 | + | 69.13 Subd. 7.Division of recovered amounts.Except for recoveries under chapter 142E, if |
|---|
| 2290 | + | 69.14the state is responsible for the recovery, the amounts recovered shall be paid to the appropriate |
|---|
| 2291 | + | 69.15units of government. If the recovery is directly attributable to a county, the county may |
|---|
| 2292 | + | 69.16retain one-half of the nonfederal share of any recovery from a recipient or the recipient's |
|---|
| 2293 | + | 69.17estate. |
|---|
| 2294 | + | 69.18 This subdivision does not apply to recoveries from medical providers or to recoveries |
|---|
| 2295 | + | 69.19involving the Department of Human services, Services' Surveillance and Utilization Review |
|---|
| 2296 | + | 69.20Division, state hospital collections unit, and the Benefit Recoveries Division or the Direct |
|---|
| 2297 | + | 69.21Care and Treatment State Hospital Collections Unit. |
|---|
| 2298 | + | 69.22 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2299 | + | 69.23Sec. 56. Minnesota Statutes 2024, section 256B.092, subdivision 10, is amended to read: |
|---|
| 2300 | + | 69.24 Subd. 10.Admission of persons to and discharge of persons from regional treatment |
|---|
| 2301 | + | 69.25centers.(a) Prior to the admission of a person to a regional treatment center program for |
|---|
| 2302 | + | 69.26persons with developmental disabilities, the case manager shall make efforts to secure |
|---|
| 2303 | + | 69.27community-based alternatives. If these alternatives are rejected by the person, the person's |
|---|
| 2304 | + | 69.28legal guardian or conservator, or the county agency in favor of a regional treatment center |
|---|
| 2305 | + | 69.29placement, the case manager shall document the reasons why the alternatives were rejected. |
|---|
| 2306 | + | 69.30 (b) Assessment and support planning must be completed in accordance with requirements |
|---|
| 2307 | + | 69.31identified in section 256B.0911. |
|---|
| 2308 | + | 69Article 3 Sec. 56. |
|---|
| 2309 | + | REVISOR EB/CH 25-0031102/20/25 70.1 (c) No discharge shall take place until disputes are resolved under section 256.045, |
|---|
| 2310 | + | 70.2subdivision 4a, or until a review by the commissioner Direct Care and Treatment executive |
|---|
| 2311 | + | 70.3board is completed upon request of the chief executive officer or program director of the |
|---|
| 2312 | + | 70.4regional treatment center, or the county agency. For persons under public guardianship, the |
|---|
| 2313 | + | 70.5ombudsman may request a review or hearing under section 256.045. |
|---|
| 2314 | + | 70.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2315 | + | 70.7 Sec. 57. Minnesota Statutes 2024, section 256G.09, subdivision 4, is amended to read: |
|---|
| 2316 | + | 70.8 Subd. 4.Appeals.A local agency that is aggrieved by the order of the a department or |
|---|
| 2317 | + | 70.9the executive board may appeal the opinion to the district court of the county responsible |
|---|
| 2318 | + | 70.10for furnishing assistance or services by serving a written copy of a notice of appeal on the |
|---|
| 2319 | + | 70.11a commissioner or the executive board and any adverse party of record within 30 days after |
|---|
| 2320 | + | 70.12the date the department issued the opinion, and by filing the original notice and proof of |
|---|
| 2321 | + | 70.13service with the court administrator of district court. Service may be made personally or by |
|---|
| 2322 | + | 70.14mail. Service by mail is complete upon mailing. |
|---|
| 2323 | + | 70.15 The A commissioner or the executive board may elect to become a party to the |
|---|
| 2324 | + | 70.16proceedings in district court. The court may consider the matter in or out of chambers and |
|---|
| 2325 | + | 70.17shall take no new or additional evidence. |
|---|
| 2326 | + | 70.18 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2327 | + | 70.19Sec. 58. Minnesota Statutes 2024, section 256G.09, subdivision 5, is amended to read: |
|---|
| 2328 | + | 70.20 Subd. 5.Payment pending appeal.After the a department or the executive board issues |
|---|
| 2329 | + | 70.21an opinion in any submission under this section, the service or assistance covered by the |
|---|
| 2330 | + | 70.22submission must be provided or paid pending or during an appeal to the district court. |
|---|
| 2331 | + | 70.23 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2332 | + | 70.24Sec. 59. Minnesota Statutes 2024, section 299F.77, subdivision 2, is amended to read: |
|---|
| 2333 | + | 70.25 Subd. 2.Background check.(a) For licenses issued by the commissioner under section |
|---|
| 2334 | + | 70.26299F.73, the applicant for licensure must provide the commissioner with all of the |
|---|
| 2335 | + | 70.27information required by Code of Federal Regulations, title 28, section 25.7. The commissioner |
|---|
| 2336 | + | 70.28shall forward the information to the superintendent of the Bureau of Criminal Apprehension |
|---|
| 2337 | + | 70.29so that criminal records, histories, and warrant information on the applicant can be retrieved |
|---|
| 2338 | + | 70.30from the Minnesota Crime Information System and the National Instant Criminal Background |
|---|
| 2339 | + | 70.31Check System, as well as the civil commitment records maintained by the Department of |
|---|
| 2340 | + | 70Article 3 Sec. 59. |
|---|
| 2341 | + | REVISOR EB/CH 25-0031102/20/25 71.1Human Services Direct Care and Treatment. The results must be returned to the commissioner |
|---|
| 2342 | + | 71.2to determine if the individual applicant is qualified to receive a license. |
|---|
| 2343 | + | 71.3 (b) For permits issued by a county sheriff or chief of police under section 299F.75, the |
|---|
| 2344 | + | 71.4applicant for a permit must provide the county sheriff or chief of police with all of the |
|---|
| 2345 | + | 71.5information required by Code of Federal Regulations, title 28, section 25.7. The county |
|---|
| 2346 | + | 71.6sheriff or chief of police must check, by means of electronic data transfer, criminal records, |
|---|
| 2347 | + | 71.7histories, and warrant information on each applicant through the Minnesota Crime |
|---|
| 2348 | + | 71.8Information System and the National Instant Criminal Background Check System, as well |
|---|
| 2349 | + | 71.9as the civil commitment records maintained by the Department of Human Services Direct |
|---|
| 2350 | + | 71.10Care and Treatment. The county sheriff or chief of police shall use the results of the query |
|---|
| 2351 | + | 71.11to determine if the individual applicant is qualified to receive a permit. |
|---|
| 2352 | + | 71.12Sec. 60. Minnesota Statutes 2024, section 342.04, is amended to read: |
|---|
| 2353 | + | 71.13 342.04 STUDIES; REPORTS. |
|---|
| 2354 | + | 71.14 (a) The office shall conduct a study to determine the expected size and growth of the |
|---|
| 2355 | + | 71.15regulated cannabis industry and hemp consumer industry, including an estimate of the |
|---|
| 2356 | + | 71.16demand for cannabis flower and cannabis products, the number and geographic distribution |
|---|
| 2357 | + | 71.17of cannabis businesses needed to meet that demand, and the anticipated business from |
|---|
| 2358 | + | 71.18residents of other states. |
|---|
| 2359 | + | 71.19 (b) The office shall conduct a study to determine the size of the illicit cannabis market, |
|---|
| 2360 | + | 71.20the sources of illicit cannabis flower and illicit cannabis products in the state, the locations |
|---|
| 2361 | + | 71.21of citations issued and arrests made for cannabis offenses, and the subareas, such as census |
|---|
| 2362 | + | 71.22tracts or neighborhoods, that experience a disproportionately large amount of cannabis |
|---|
| 2363 | + | 71.23enforcement. |
|---|
| 2364 | + | 71.24 (c) The office shall conduct a study on impaired driving to determine: |
|---|
| 2365 | + | 71.25 (1) the number of accidents involving one or more drivers who admitted to using cannabis |
|---|
| 2366 | + | 71.26flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, |
|---|
| 2367 | + | 71.27or who tested positive for cannabis or tetrahydrocannabinol; |
|---|
| 2368 | + | 71.28 (2) the number of arrests of individuals for impaired driving in which the individual |
|---|
| 2369 | + | 71.29tested positive for cannabis or tetrahydrocannabinol; and |
|---|
| 2370 | + | 71.30 (3) the number of convictions for driving under the influence of cannabis flower, cannabis |
|---|
| 2371 | + | 71.31products, lower-potency hemp edibles, hemp-derived consumer products, or |
|---|
| 2372 | + | 71.32tetrahydrocannabinol. |
|---|
| 2373 | + | 71Article 3 Sec. 60. |
|---|
| 2374 | + | REVISOR EB/CH 25-0031102/20/25 72.1 (d) The office shall provide preliminary reports on the studies conducted pursuant to |
|---|
| 2375 | + | 72.2paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports |
|---|
| 2376 | + | 72.3to the legislature by January 15, 2025. The reports may be consolidated into a single report |
|---|
| 2377 | + | 72.4by the office. |
|---|
| 2378 | + | 72.5 (e) The office shall collect existing data from the Department of Human Services, |
|---|
| 2379 | + | 72.6Department of Health, Direct Care and Treatment, Minnesota state courts, and hospitals |
|---|
| 2380 | + | 72.7licensed under chapter 144 on the utilization of mental health and substance use disorder |
|---|
| 2381 | + | 72.8services, emergency room visits, and commitments to identify any increase in the services |
|---|
| 2382 | + | 72.9provided or any increase in the number of visits or commitments. The office shall also obtain |
|---|
| 2383 | + | 72.10summary data from existing first episode psychosis programs on the number of persons |
|---|
| 2384 | + | 72.11served by the programs and number of persons on the waiting list. All information collected |
|---|
| 2385 | + | 72.12by the office under this paragraph shall be included in the report required under paragraph |
|---|
| 2386 | + | 72.13(f). |
|---|
| 2387 | + | 72.14 (f) The office shall conduct an annual market analysis on the status of the regulated |
|---|
| 2388 | + | 72.15cannabis industry and submit a report of the findings. The office shall submit the report by |
|---|
| 2389 | + | 72.16January 15, 2025, and each January 15 thereafter and the report may be combined with the |
|---|
| 2390 | + | 72.17annual report submitted by the office. The process of completing the market analysis must |
|---|
| 2391 | + | 72.18include holding public meetings to solicit the input of consumers, market stakeholders, and |
|---|
| 2392 | + | 72.19potential new applicants and must include an assessment as to whether the office has issued |
|---|
| 2393 | + | 72.20the necessary number of licenses in order to: |
|---|
| 2394 | + | 72.21 (1) ensure the sufficient supply of cannabis flower and cannabis products to meet demand; |
|---|
| 2395 | + | 72.22 (2) provide market stability; |
|---|
| 2396 | + | 72.23 (3) ensure a competitive market; and |
|---|
| 2397 | + | 72.24 (4) limit the sale of unregulated cannabis flower and cannabis products. |
|---|
| 2398 | + | 72.25 (g) The office shall submit an annual report to the legislature by January 15, 2024, and |
|---|
| 2399 | + | 72.26each January 15 thereafter. The annual report shall include but not be limited to the following: |
|---|
| 2400 | + | 72.27 (1) the status of the regulated cannabis industry; |
|---|
| 2401 | + | 72.28 (2) the status of the illicit cannabis market and hemp consumer industry; |
|---|
| 2402 | + | 72.29 (3) the number of accidents, arrests, and convictions involving drivers who admitted to |
|---|
| 2403 | + | 72.30using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived |
|---|
| 2404 | + | 72.31consumer products or who tested positive for cannabis or tetrahydrocannabinol; |
|---|
| 2405 | + | 72Article 3 Sec. 60. |
|---|
| 2406 | + | REVISOR EB/CH 25-0031102/20/25 73.1 (4) the change in potency, if any, of cannabis flower and cannabis products available |
|---|
| 2407 | + | 73.2through the regulated market; |
|---|
| 2408 | + | 73.3 (5) progress on providing opportunities to individuals and communities that experienced |
|---|
| 2409 | + | 73.4a disproportionate, negative impact from cannabis prohibition, including but not limited to |
|---|
| 2410 | + | 73.5providing relief from criminal convictions and increasing economic opportunities; |
|---|
| 2411 | + | 73.6 (6) the status of racial and geographic diversity in the cannabis industry; |
|---|
| 2412 | + | 73.7 (7) proposed legislative changes, including but not limited to recommendations to |
|---|
| 2413 | + | 73.8streamline licensing systems and related administrative processes; |
|---|
| 2414 | + | 73.9 (8) information on the adverse effects of second-hand smoke from any cannabis flower, |
|---|
| 2415 | + | 73.10cannabis products, and hemp-derived consumer products that are consumed by the |
|---|
| 2416 | + | 73.11combustion or vaporization of the product and the inhalation of smoke, aerosol, or vapor |
|---|
| 2417 | + | 73.12from the product; and |
|---|
| 2418 | + | 73.13 (9) recommendations for the levels of funding for: |
|---|
| 2419 | + | 73.14 (i) a coordinated education program to address and raise public awareness about the top |
|---|
| 2420 | + | 73.15three adverse health effects, as determined by the commissioner of health, associated with |
|---|
| 2421 | + | 73.16the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived |
|---|
| 2422 | + | 73.17consumer products by individuals under 21 years of age; |
|---|
| 2423 | + | 73.18 (ii) a coordinated education program to educate pregnant individuals, breastfeeding |
|---|
| 2424 | + | 73.19individuals, and individuals who may become pregnant on the adverse health effects of |
|---|
| 2425 | + | 73.20cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
|---|
| 2426 | + | 73.21products; |
|---|
| 2427 | + | 73.22 (iii) training, technical assistance, and educational materials for home visiting programs, |
|---|
| 2428 | + | 73.23Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of |
|---|
| 2429 | + | 73.24cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
|---|
| 2430 | + | 73.25products in homes with infants and young children; |
|---|
| 2431 | + | 73.26 (iv) model programs to educate middle school and high school students on the health |
|---|
| 2432 | + | 73.27effects on children and adolescents of the use of cannabis flower, cannabis products, |
|---|
| 2433 | + | 73.28lower-potency hemp edibles, hemp-derived consumer products, and other intoxicating or |
|---|
| 2434 | + | 73.29controlled substances; |
|---|
| 2435 | + | 73.30 (v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow |
|---|
| 2436 | + | 73.31programs; |
|---|
| 2437 | + | 73Article 3 Sec. 60. |
|---|
| 2438 | + | REVISOR EB/CH 25-0031102/20/25 74.1 (vi) grants to organizations for community development in social equity communities |
|---|
| 2439 | + | 74.2through the CanRenew program; |
|---|
| 2440 | + | 74.3 (vii) training of peace officers and law enforcement agencies on changes to laws involving |
|---|
| 2441 | + | 74.4cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
|---|
| 2442 | + | 74.5products and the law's impact on searches and seizures; |
|---|
| 2443 | + | 74.6 (viii) training of peace officers to increase the number of drug recognition experts; |
|---|
| 2444 | + | 74.7 (ix) training of peace officers on the cultural uses of sage and distinguishing use of sage |
|---|
| 2445 | + | 74.8from the use of cannabis flower, including whether the Board of Peace Officer Standards |
|---|
| 2446 | + | 74.9and Training should approve or develop training materials; |
|---|
| 2447 | + | 74.10 (x) the retirement and replacement of drug detection canines; and |
|---|
| 2448 | + | 74.11 (xi) the Department of Human Services and county social service agencies to address |
|---|
| 2449 | + | 74.12any increase in demand for services. |
|---|
| 2450 | + | 74.13 (g) In developing the recommended funding levels under paragraph (f), clause (9), items |
|---|
| 2451 | + | 74.14(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota |
|---|
| 2452 | + | 74.15Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota |
|---|
| 2453 | + | 74.16Cities, the Association of Minnesota Counties, and county social services agencies. |
|---|
| 2454 | + | 74.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2455 | + | 74.18Sec. 61. Minnesota Statutes 2024, section 352.91, subdivision 3f, is amended to read: |
|---|
| 2456 | + | 74.19 Subd. 3f.Additional Direct Care and Treatment personnel.(a) "Covered correctional |
|---|
| 2457 | + | 74.20service" means service by a state employee in one of the employment positions specified |
|---|
| 2458 | + | 74.21in paragraph (b) in the state-operated forensic services program or the Minnesota Sex |
|---|
| 2459 | + | 74.22Offender Program if at least 75 percent of the employee's working time is spent in direct |
|---|
| 2460 | + | 74.23contact with patients and the determination of this direct contact is certified to the executive |
|---|
| 2461 | + | 74.24director by the commissioner of human services or Direct Care and Treatment executive |
|---|
| 2462 | + | 74.25board. |
|---|
| 2463 | + | 74.26 (b) The employment positions are: |
|---|
| 2464 | + | 74.27 (1) baker; |
|---|
| 2465 | + | 74.28 (2) behavior analyst 2; |
|---|
| 2466 | + | 74.29 (3) behavior analyst 3; |
|---|
| 2467 | + | 74.30 (4) certified occupational therapy assistant 1; |
|---|
| 2468 | + | 74.31 (5) certified occupational therapy assistant 2; |
|---|
| 2469 | + | 74Article 3 Sec. 61. |
|---|
| 2470 | + | REVISOR EB/CH 25-0031102/20/25 75.1 (6) client advocate; |
|---|
| 2471 | + | 75.2 (7) clinical program therapist 2; |
|---|
| 2472 | + | 75.3 (8) clinical program therapist 3; |
|---|
| 2473 | + | 75.4 (9) clinical program therapist 4; |
|---|
| 2474 | + | 75.5 (10) cook; |
|---|
| 2475 | + | 75.6 (11) culinary supervisor; |
|---|
| 2476 | + | 75.7 (12) customer services specialist principal; |
|---|
| 2477 | + | 75.8 (13) dental assistant registered; |
|---|
| 2478 | + | 75.9 (14) dental hygienist; |
|---|
| 2479 | + | 75.10 (15) food service worker; |
|---|
| 2480 | + | 75.11 (16) food services supervisor; |
|---|
| 2481 | + | 75.12 (17) group supervisor; |
|---|
| 2482 | + | 75.13 (18) group supervisor assistant; |
|---|
| 2483 | + | 75.14 (19) human services support specialist; |
|---|
| 2484 | + | 75.15 (20) licensed alcohol and drug counselor; |
|---|
| 2485 | + | 75.16 (21) licensed practical nurse; |
|---|
| 2486 | + | 75.17 (22) management analyst 3; |
|---|
| 2487 | + | 75.18 (23) music therapist; |
|---|
| 2488 | + | 75.19 (24) occupational therapist; |
|---|
| 2489 | + | 75.20 (25) occupational therapist, senior; |
|---|
| 2490 | + | 75.21 (26) physical therapist; |
|---|
| 2491 | + | 75.22 (27) psychologist 1; |
|---|
| 2492 | + | 75.23 (28) psychologist 2; |
|---|
| 2493 | + | 75.24 (29) psychologist 3; |
|---|
| 2494 | + | 75.25 (30) recreation program assistant; |
|---|
| 2495 | + | 75.26 (31) recreation therapist lead; |
|---|
| 2496 | + | 75.27 (32) recreation therapist senior; |
|---|
| 2497 | + | 75Article 3 Sec. 61. |
|---|
| 2498 | + | REVISOR EB/CH 25-0031102/20/25 76.1 (33) rehabilitation counselor senior; |
|---|
| 2499 | + | 76.2 (34) residential program lead; |
|---|
| 2500 | + | 76.3 (35) security supervisor; |
|---|
| 2501 | + | 76.4 (36) skills development specialist; |
|---|
| 2502 | + | 76.5 (37) social worker senior; |
|---|
| 2503 | + | 76.6 (38) social worker specialist; |
|---|
| 2504 | + | 76.7 (39) social worker specialist, senior; |
|---|
| 2505 | + | 76.8 (40) special education program assistant; |
|---|
| 2506 | + | 76.9 (41) speech pathology clinician; |
|---|
| 2507 | + | 76.10 (42) substance use disorder counselor senior; |
|---|
| 2508 | + | 76.11 (43) work therapy assistant; and |
|---|
| 2509 | + | 76.12 (44) work therapy program coordinator. |
|---|
| 2510 | + | 76.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2511 | + | 76.14Sec. 62. Minnesota Statutes 2024, section 401.17, subdivision 1, is amended to read: |
|---|
| 2512 | + | 76.15 Subdivision 1.Establishment; members.(a) The commissioner must establish a |
|---|
| 2513 | + | 76.16Community Supervision Advisory Committee to develop and make recommendations to |
|---|
| 2514 | + | 76.17the commissioner on standards for probation, supervised release, and community supervision. |
|---|
| 2515 | + | 76.18The committee consists of 19 members as follows: |
|---|
| 2516 | + | 76.19 (1) two directors appointed by the Minnesota Association of Community Corrections |
|---|
| 2517 | + | 76.20Act Counties; |
|---|
| 2518 | + | 76.21 (2) two probation directors appointed by the Minnesota Association of County Probation |
|---|
| 2519 | + | 76.22Officers; |
|---|
| 2520 | + | 76.23 (3) three county commissioner representatives appointed by the Association of Minnesota |
|---|
| 2521 | + | 76.24Counties; |
|---|
| 2522 | + | 76.25 (4) two behavioral health, treatment, or programming providers who work directly with |
|---|
| 2523 | + | 76.26individuals on correctional supervision, one appointed by the Department of Human Services |
|---|
| 2524 | + | 76.27Direct Care and Treatment executive board and one appointed by the Minnesota Association |
|---|
| 2525 | + | 76.28of County Social Service Administrators; |
|---|
| 2526 | + | 76.29 (5) two representatives appointed by the Minnesota Indian Affairs Council; |
|---|
| 2527 | + | 76Article 3 Sec. 62. |
|---|
| 2528 | + | REVISOR EB/CH 25-0031102/20/25 77.1 (6) two commissioner-appointed representatives from the Department of Corrections; |
|---|
| 2529 | + | 77.2 (7) the chair of the statewide Evidence-Based Practice Advisory Committee; |
|---|
| 2530 | + | 77.3 (8) three individuals who have been supervised, either individually or collectively, under |
|---|
| 2531 | + | 77.4each of the state's three community supervision delivery systems appointed by the |
|---|
| 2532 | + | 77.5commissioner in consultation with the Minnesota Association of County Probation Officers |
|---|
| 2533 | + | 77.6and the Minnesota Association of Community Corrections Act Counties; |
|---|
| 2534 | + | 77.7 (9) an advocate for victims of crime appointed by the commissioner; and |
|---|
| 2535 | + | 77.8 (10) a representative from a community-based research and advocacy entity appointed |
|---|
| 2536 | + | 77.9by the commissioner. |
|---|
| 2537 | + | 77.10 (b) When an appointing authority selects an individual for membership on the committee, |
|---|
| 2538 | + | 77.11the authority must make reasonable efforts to reflect geographic diversity and to appoint |
|---|
| 2539 | + | 77.12qualified members of protected groups, as defined under section 43A.02, subdivision 33. |
|---|
| 2540 | + | 77.13 (c) Chapter 15 applies to the extent consistent with this section. |
|---|
| 2541 | + | 77.14 (d) The commissioner must convene the first meeting of the committee on or before |
|---|
| 2542 | + | 77.15October 1, 2023. |
|---|
| 2543 | + | 77.16 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2544 | + | 77.17Sec. 63. Minnesota Statutes 2024, section 507.071, subdivision 1, is amended to read: |
|---|
| 2545 | + | 77.18 Subdivision 1.Definitions.For the purposes of this section the following terms have |
|---|
| 2546 | + | 77.19the meanings given: |
|---|
| 2547 | + | 77.20 (a) "Beneficiary" or "grantee beneficiary" means a person or entity named as a grantee |
|---|
| 2548 | + | 77.21beneficiary in a transfer on death deed, including a successor grantee beneficiary. |
|---|
| 2549 | + | 77.22 (b) "County agency" means the county department or office designated to recover medical |
|---|
| 2550 | + | 77.23assistance benefits from the estates of decedents. |
|---|
| 2551 | + | 77.24 (c) "Grantor owner" means an owner, whether individually, as a joint tenant, or as a |
|---|
| 2552 | + | 77.25tenant in common, named as a grantor in a transfer on death deed upon whose death the |
|---|
| 2553 | + | 77.26conveyance or transfer of the described real property is conditioned. Grantor owner does |
|---|
| 2554 | + | 77.27not include a spouse who joins in a transfer on death deed solely for the purpose of conveying |
|---|
| 2555 | + | 77.28or releasing statutory or other marital interests in the real property to be conveyed or |
|---|
| 2556 | + | 77.29transferred by the transfer on death deed. |
|---|
| 2557 | + | 77.30 (d) "Owner" means a person having an ownership or other interest in all or part of the |
|---|
| 2558 | + | 77.31real property to be conveyed or transferred by a transfer on death deed either at the time the |
|---|
| 2559 | + | 77Article 3 Sec. 63. |
|---|
| 2560 | + | REVISOR EB/CH 25-0031102/20/25 78.1deed is executed or at the time the transfer becomes effective. Owner does not include a |
|---|
| 2561 | + | 78.2spouse who joins in a transfer on death deed solely for the purpose of conveying or releasing |
|---|
| 2562 | + | 78.3statutory or other marital interests in the real property to be conveyed or transferred by the |
|---|
| 2563 | + | 78.4transfer on death deed. |
|---|
| 2564 | + | 78.5 (e) "Property" and "interest in real property" mean any interest in real property located |
|---|
| 2565 | + | 78.6in this state which is transferable on the death of the owner and includes, without limitation, |
|---|
| 2566 | + | 78.7an interest in real property defined in chapter 500, a mortgage, a deed of trust, a security |
|---|
| 2567 | + | 78.8interest in, or a security pledge of, an interest in real property, including the rights to |
|---|
| 2568 | + | 78.9payments of the indebtedness secured by the security instrument, a judgment, a tax lien, |
|---|
| 2569 | + | 78.10both the seller's and purchaser's interest in a contract for deed, land contract, purchase |
|---|
| 2570 | + | 78.11agreement, or earnest money contract for the sale and purchase of real property, including |
|---|
| 2571 | + | 78.12the rights to payments under such contracts, or any other lien on, or interest in, real property. |
|---|
| 2572 | + | 78.13 (f) "Recorded" means recorded in the office of the county recorder or registrar of titles, |
|---|
| 2573 | + | 78.14as appropriate for the real property described in the instrument to be recorded. |
|---|
| 2574 | + | 78.15 (g) "State agency" means the Department of Human Services or any successor agency |
|---|
| 2575 | + | 78.16or Direct Care and Treatment or any successor agency. |
|---|
| 2576 | + | 78.17 (h) "Transfer on death deed" means a deed authorized under this section. |
|---|
| 2577 | + | 78.18 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2578 | + | 78.19Sec. 64. Minnesota Statutes 2024, section 611.57, subdivision 2, is amended to read: |
|---|
| 2579 | + | 78.20 Subd. 2.Membership.(a) The Certification Advisory Committee consists of the |
|---|
| 2580 | + | 78.21following members: |
|---|
| 2581 | + | 78.22 (1) a mental health professional, as defined in section 245I.02, subdivision 27, with |
|---|
| 2582 | + | 78.23community behavioral health experience, appointed by the governor; |
|---|
| 2583 | + | 78.24 (2) a board-certified forensic psychiatrist with experience in competency evaluations, |
|---|
| 2584 | + | 78.25providing competency attainment services, or both, appointed by the governor; |
|---|
| 2585 | + | 78.26 (3) a board-certified forensic psychologist with experience in competency evaluations, |
|---|
| 2586 | + | 78.27providing competency attainment services, or both, appointed by the governor; |
|---|
| 2587 | + | 78.28 (4) the president of the Minnesota Corrections Association or a designee; |
|---|
| 2588 | + | 78.29 (5) the Direct Care and Treatment deputy commissioner chief executive officer or a |
|---|
| 2589 | + | 78.30designee; |
|---|
| 2590 | + | 78Article 3 Sec. 64. |
|---|
| 2591 | + | REVISOR EB/CH 25-0031102/20/25 79.1 (6) the president of the Minnesota Association of County Social Service Administrators |
|---|
| 2592 | + | 79.2or a designee; |
|---|
| 2593 | + | 79.3 (7) the president of the Minnesota Association of Community Mental Health Providers |
|---|
| 2594 | + | 79.4or a designee; |
|---|
| 2595 | + | 79.5 (8) the president of the Minnesota Sheriffs' Association or a designee; and |
|---|
| 2596 | + | 79.6 (9) the executive director of the National Alliance on Mental Illness Minnesota or a |
|---|
| 2597 | + | 79.7designee. |
|---|
| 2598 | + | 79.8 (b) Members of the advisory committee serve without compensation and at the pleasure |
|---|
| 2599 | + | 79.9of the appointing authority. Vacancies shall be filled by the appointing authority consistent |
|---|
| 2600 | + | 79.10with the qualifications of the vacating member required by this subdivision. |
|---|
| 2601 | + | 79.11 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2602 | + | 79.12Sec. 65. Minnesota Statutes 2024, section 611.57, subdivision 4, is amended to read: |
|---|
| 2603 | + | 79.13 Subd. 4.Duties.The Certification Advisory Committee shall consult with the Department |
|---|
| 2604 | + | 79.14of Human Services, the Department of Health, and the Department of Corrections, and |
|---|
| 2605 | + | 79.15Direct Care and Treatment; make recommendations to the Minnesota Competency Attainment |
|---|
| 2606 | + | 79.16Board regarding competency attainment curriculum, certification requirements for |
|---|
| 2607 | + | 79.17competency attainment programs including jail-based programs, and certification of |
|---|
| 2608 | + | 79.18individuals to provide competency attainment services; and provide information and |
|---|
| 2609 | + | 79.19recommendations on other issues relevant to competency attainment as requested by the |
|---|
| 2610 | + | 79.20board. |
|---|
| 2611 | + | 79.21 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2612 | + | 79.22Sec. 66. Minnesota Statutes 2024, section 624.7131, subdivision 1, is amended to read: |
|---|
| 2613 | + | 79.23 Subdivision 1.Information.Any person may apply for a transferee permit by providing |
|---|
| 2614 | + | 79.24the following information in writing to the chief of police of an organized full time police |
|---|
| 2615 | + | 79.25department of the municipality in which the person resides or to the county sheriff if there |
|---|
| 2616 | + | 79.26is no such local chief of police: |
|---|
| 2617 | + | 79.27 (1) the name, residence, telephone number, and driver's license number or |
|---|
| 2618 | + | 79.28nonqualification certificate number, if any, of the proposed transferee; |
|---|
| 2619 | + | 79.29 (2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical |
|---|
| 2620 | + | 79.30characteristics, if any, of the proposed transferee; |
|---|
| 2621 | + | 79Article 3 Sec. 66. |
|---|
| 2622 | + | REVISOR EB/CH 25-0031102/20/25 80.1 (3) a statement that the proposed transferee authorizes the release to the local police |
|---|
| 2623 | + | 80.2authority of commitment information about the proposed transferee maintained by the |
|---|
| 2624 | + | 80.3commissioner of human services Direct Care and Treatment executive board, to the extent |
|---|
| 2625 | + | 80.4that the information relates to the proposed transferee's eligibility to possess a pistol or |
|---|
| 2626 | + | 80.5semiautomatic military-style assault weapon under section 624.713, subdivision 1; and |
|---|
| 2627 | + | 80.6 (4) a statement by the proposed transferee that the proposed transferee is not prohibited |
|---|
| 2628 | + | 80.7by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon. |
|---|
| 2629 | + | 80.8 The statements shall be signed and dated by the person applying for a permit. At the |
|---|
| 2630 | + | 80.9time of application, the local police authority shall provide the applicant with a dated receipt |
|---|
| 2631 | + | 80.10for the application. The statement under clause (3) must comply with any applicable |
|---|
| 2632 | + | 80.11requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect |
|---|
| 2633 | + | 80.12to consent to disclosure of alcohol or drug abuse patient records. |
|---|
| 2634 | + | 80.13Sec. 67. Minnesota Statutes 2024, section 624.7131, subdivision 2, is amended to read: |
|---|
| 2635 | + | 80.14 Subd. 2.Investigation.The chief of police or sheriff shall check criminal histories, |
|---|
| 2636 | + | 80.15records and warrant information relating to the applicant through the Minnesota Crime |
|---|
| 2637 | + | 80.16Information System, the national criminal record repository, and the National Instant Criminal |
|---|
| 2638 | + | 80.17Background Check System. The chief of police or sheriff shall also make a reasonable effort |
|---|
| 2639 | + | 80.18to check other available state and local record-keeping systems. The chief of police or sheriff |
|---|
| 2640 | + | 80.19shall obtain commitment information from the commissioner of human services Direct Care |
|---|
| 2641 | + | 80.20and Treatment executive board as provided in section 246C.15. |
|---|
| 2642 | + | 80.21Sec. 68. Minnesota Statutes 2024, section 624.7132, subdivision 1, is amended to read: |
|---|
| 2643 | + | 80.22 Subdivision 1.Required information.Except as provided in this section and section |
|---|
| 2644 | + | 80.23624.7131, every person who agrees to transfer a pistol or semiautomatic military-style |
|---|
| 2645 | + | 80.24assault weapon shall report the following information in writing to the chief of police of |
|---|
| 2646 | + | 80.25the organized full-time police department of the municipality where the proposed transferee |
|---|
| 2647 | + | 80.26resides or to the appropriate county sheriff if there is no such local chief of police: |
|---|
| 2648 | + | 80.27 (1) the name, residence, telephone number, and driver's license number or |
|---|
| 2649 | + | 80.28nonqualification certificate number, if any, of the proposed transferee; |
|---|
| 2650 | + | 80.29 (2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical |
|---|
| 2651 | + | 80.30characteristics, if any, of the proposed transferee; |
|---|
| 2652 | + | 80.31 (3) a statement that the proposed transferee authorizes the release to the local police |
|---|
| 2653 | + | 80.32authority of commitment information about the proposed transferee maintained by the |
|---|
| 2654 | + | 80Article 3 Sec. 68. |
|---|
| 2655 | + | REVISOR EB/CH 25-0031102/20/25 81.1commissioner of human services Direct Care and Treatment executive board, to the extent |
|---|
| 2656 | + | 81.2that the information relates to the proposed transferee's eligibility to possess a pistol or |
|---|
| 2657 | + | 81.3semiautomatic military-style assault weapon under section 624.713, subdivision 1; |
|---|
| 2658 | + | 81.4 (4) a statement by the proposed transferee that the transferee is not prohibited by section |
|---|
| 2659 | + | 81.5624.713 from possessing a pistol or semiautomatic military-style assault weapon; and |
|---|
| 2660 | + | 81.6 (5) the address of the place of business of the transferor. |
|---|
| 2661 | + | 81.7 The report shall be signed and dated by the transferor and the proposed transferee. The |
|---|
| 2662 | + | 81.8report shall be delivered by the transferor to the chief of police or sheriff no later than three |
|---|
| 2663 | + | 81.9days after the date of the agreement to transfer, excluding weekends and legal holidays. |
|---|
| 2664 | + | 81.10The statement under clause (3) must comply with any applicable requirements of Code of |
|---|
| 2665 | + | 81.11Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of |
|---|
| 2666 | + | 81.12alcohol or drug abuse patient records. |
|---|
| 2667 | + | 81.13Sec. 69. Minnesota Statutes 2024, section 624.7132, subdivision 2, is amended to read: |
|---|
| 2668 | + | 81.14 Subd. 2.Investigation.Upon receipt of a transfer report, the chief of police or sheriff |
|---|
| 2669 | + | 81.15shall check criminal histories, records and warrant information relating to the proposed |
|---|
| 2670 | + | 81.16transferee through the Minnesota Crime Information System, the national criminal record |
|---|
| 2671 | + | 81.17repository, and the National Instant Criminal Background Check System. The chief of police |
|---|
| 2672 | + | 81.18or sheriff shall also make a reasonable effort to check other available state and local |
|---|
| 2673 | + | 81.19record-keeping systems. The chief of police or sheriff shall obtain commitment information |
|---|
| 2674 | + | 81.20from the commissioner of human services Direct Care and Treatment executive board as |
|---|
| 2675 | + | 81.21provided in section 246C.15. |
|---|
| 2676 | + | 81.22Sec. 70. Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read: |
|---|
| 2677 | + | 81.23 Subd. 3.Form and contents of application.(a) Applications for permits to carry must |
|---|
| 2678 | + | 81.24be an official, standardized application form, adopted under section 624.7151, and must set |
|---|
| 2679 | + | 81.25forth in writing only the following information: |
|---|
| 2680 | + | 81.26 (1) the applicant's name, residence, telephone number, if any, and driver's license number |
|---|
| 2681 | + | 81.27or state identification card number; |
|---|
| 2682 | + | 81.28 (2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and |
|---|
| 2683 | + | 81.29distinguishing physical characteristics, if any; |
|---|
| 2684 | + | 81.30 (3) the township or statutory city or home rule charter city, and county, of all Minnesota |
|---|
| 2685 | + | 81.31residences of the applicant in the last five years, though not including specific addresses; |
|---|
| 2686 | + | 81Article 3 Sec. 70. |
|---|
| 2687 | + | REVISOR EB/CH 25-0031102/20/25 82.1 (4) the township or city, county, and state of all non-Minnesota residences of the applicant |
|---|
| 2688 | + | 82.2in the last five years, though not including specific addresses; |
|---|
| 2689 | + | 82.3 (5) a statement that the applicant authorizes the release to the sheriff of commitment |
|---|
| 2690 | + | 82.4information about the applicant maintained by the commissioner of human services Direct |
|---|
| 2691 | + | 82.5Care and Treatment executive board or any similar agency or department of another state |
|---|
| 2692 | + | 82.6where the applicant has resided, to the extent that the information relates to the applicant's |
|---|
| 2693 | + | 82.7eligibility to possess a firearm; and |
|---|
| 2694 | + | 82.8 (6) a statement by the applicant that, to the best of the applicant's knowledge and belief, |
|---|
| 2695 | + | 82.9the applicant is not prohibited by law from possessing a firearm. |
|---|
| 2696 | + | 82.10 (b) The statement under paragraph (a), clause (5), must comply with any applicable |
|---|
| 2697 | + | 82.11requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect |
|---|
| 2698 | + | 82.12to consent to disclosure of alcohol or drug abuse patient records. |
|---|
| 2699 | + | 82.13 (c) An applicant must submit to the sheriff an application packet consisting only of the |
|---|
| 2700 | + | 82.14following items: |
|---|
| 2701 | + | 82.15 (1) a completed application form, signed and dated by the applicant; |
|---|
| 2702 | + | 82.16 (2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c), |
|---|
| 2703 | + | 82.17that is submitted as the applicant's evidence of training in the safe use of a pistol; and |
|---|
| 2704 | + | 82.18 (3) an accurate photocopy of the applicant's current driver's license, state identification |
|---|
| 2705 | + | 82.19card, or the photo page of the applicant's passport. |
|---|
| 2706 | + | 82.20 (d) In addition to the other application materials, a person who is otherwise ineligible |
|---|
| 2707 | + | 82.21for a permit due to a criminal conviction but who has obtained a pardon or expungement |
|---|
| 2708 | + | 82.22setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights, |
|---|
| 2709 | + | 82.23must submit a copy of the relevant order. |
|---|
| 2710 | + | 82.24 (e) Applications must be submitted in person. |
|---|
| 2711 | + | 82.25 (f) The sheriff may charge a new application processing fee in an amount not to exceed |
|---|
| 2712 | + | 82.26the actual and reasonable direct cost of processing the application or $100, whichever is |
|---|
| 2713 | + | 82.27less. Of this amount, $10 must be submitted to the commissioner and deposited into the |
|---|
| 2714 | + | 82.28general fund. |
|---|
| 2715 | + | 82.29 (g) This subdivision prescribes the complete and exclusive set of items an applicant is |
|---|
| 2716 | + | 82.30required to submit in order to apply for a new or renewal permit to carry. The applicant |
|---|
| 2717 | + | 82.31must not be asked or required to submit, voluntarily or involuntarily, any information, fees, |
|---|
| 2718 | + | 82.32or documentation beyond that specifically required by this subdivision. This paragraph does |
|---|
| 2719 | + | 82Article 3 Sec. 70. |
|---|
| 2720 | + | REVISOR EB/CH 25-0031102/20/25 83.1not apply to alternate training evidence accepted by the sheriff under subdivision 2a, |
|---|
| 2721 | + | 83.2paragraph (d). |
|---|
| 2722 | + | 83.3 (h) Forms for new and renewal applications must be available at all sheriffs' offices and |
|---|
| 2723 | + | 83.4the commissioner must make the forms available on the Internet. |
|---|
| 2724 | + | 83.5 (i) Application forms must clearly display a notice that a permit, if granted, is void and |
|---|
| 2725 | + | 83.6must be immediately returned to the sheriff if the permit holder is or becomes prohibited |
|---|
| 2726 | + | 83.7by law from possessing a firearm. The notice must list the applicable state criminal offenses |
|---|
| 2727 | + | 83.8and civil categories that prohibit a person from possessing a firearm. |
|---|
| 2728 | + | 83.9 (j) Upon receipt of an application packet and any required fee, the sheriff must provide |
|---|
| 2729 | + | 83.10a signed receipt indicating the date of submission. |
|---|
| 2730 | + | 83.11Sec. 71. Minnesota Statutes 2024, section 624.714, subdivision 4, is amended to read: |
|---|
| 2731 | + | 83.12 Subd. 4.Investigation.(a) The sheriff must check, by means of electronic data transfer, |
|---|
| 2732 | + | 83.13criminal records, histories, and warrant information on each applicant through the Minnesota |
|---|
| 2733 | + | 83.14Crime Information System and the National Instant Criminal Background Check System. |
|---|
| 2734 | + | 83.15The sheriff shall also make a reasonable effort to check other available and relevant federal, |
|---|
| 2735 | + | 83.16state, or local record-keeping systems. The sheriff must obtain commitment information |
|---|
| 2736 | + | 83.17from the commissioner of human services Direct Care and Treatment executive board as |
|---|
| 2737 | + | 83.18provided in section 246C.15 or, if the information is reasonably available, as provided by |
|---|
| 2738 | + | 83.19a similar statute from another state. |
|---|
| 2739 | + | 83.20 (b) When an application for a permit is filed under this section, the sheriff must notify |
|---|
| 2740 | + | 83.21the chief of police, if any, of the municipality where the applicant resides. The police chief |
|---|
| 2741 | + | 83.22may provide the sheriff with any information relevant to the issuance of the permit. |
|---|
| 2742 | + | 83.23 (c) The sheriff must conduct a background check by means of electronic data transfer |
|---|
| 2743 | + | 83.24on a permit holder through the Minnesota Crime Information System and the National |
|---|
| 2744 | + | 83.25Instant Criminal Background Check System at least yearly to ensure continuing eligibility. |
|---|
| 2745 | + | 83.26The sheriff may also conduct additional background checks by means of electronic data |
|---|
| 2746 | + | 83.27transfer on a permit holder at any time during the period that a permit is in effect. |
|---|
| 2747 | + | 83.28Sec. 72. Minnesota Statutes 2024, section 631.40, subdivision 3, is amended to read: |
|---|
| 2748 | + | 83.29 Subd. 3.Departments of Human Services; Children, Youth, and Families; and |
|---|
| 2749 | + | 83.30Health licensees.When a person who is affiliated with a program or facility governed |
|---|
| 2750 | + | 83.31licensed by the Department of Human Services,; Department of Children, Youth, and |
|---|
| 2751 | + | 83.32Families,; or Department of Health is convicted of a disqualifying crime, the probation |
|---|
| 2752 | + | 83Article 3 Sec. 72. |
|---|
| 2753 | + | REVISOR EB/CH 25-0031102/20/25 84.1officer or corrections agent shall notify the commissioner of the conviction, as provided in |
|---|
| 2754 | + | 84.2chapter 245C. |
|---|
| 2755 | + | 84.3 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2756 | + | 84.4 Sec. 73. REVISOR INSTRUCTION. |
|---|
| 2757 | + | 84.5 (a) The revisor of statutes shall renumber Minnesota Statutes, section 252.50, subdivision |
|---|
| 2758 | + | 84.65, as Minnesota Statutes, section 246C.11, subdivision 4a. |
|---|
| 2759 | + | 84.7 (b) The revisor of statutes shall renumber Minnesota Statutes, section 252.52, as |
|---|
| 2760 | + | 84.8Minnesota Statutes, section 246C.191. |
|---|
| 2761 | + | 84.9 (c) The revisor of statutes shall make necessary cross-reference changes consistent with |
|---|
| 2762 | + | 84.10the renumbering in this section. |
|---|
| 2763 | + | 84.11 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2764 | + | 84.12Sec. 74. REPEALER. |
|---|
| 2765 | + | 84.13 (a) Minnesota Statutes 2024, sections 245.4862; 246.015, subdivision 3; 246.50, |
|---|
| 2766 | + | 84.14subdivision 2; and 246B.04, subdivision 1a, are repealed. |
|---|
| 2767 | + | 84.15 (b) Laws 2024, chapter 79, article 1, sections 15; 16; and 17, are repealed. |
|---|
| 2768 | + | 84.16 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2769 | + | 84.17 ARTICLE 4 |
|---|
| 2770 | + | 84.18 HEALTH CARE ADMINISTRATION |
|---|
| 2771 | + | 84.19Section 1. Minnesota Statutes 2024, section 62M.17, subdivision 2, is amended to read: |
|---|
| 2772 | + | 84.20 Subd. 2.Effect of change in prior authorization clinical criteria.(a) If, during a plan |
|---|
| 2773 | + | 84.21year, or a calendar year for fee-for-service providers under chapters 256B and 256L, a |
|---|
| 2774 | + | 84.22utilization review organization changes coverage terms for a health care service or the |
|---|
| 2775 | + | 84.23clinical criteria used to conduct prior authorizations for a health care service, the change in |
|---|
| 2776 | + | 84.24coverage terms or change in clinical criteria shall not apply until the next plan year, or the |
|---|
| 2777 | + | 84.25next calendar year for fee-for-service providers under chapters 256B and 256L, for any |
|---|
| 2778 | + | 84.26enrollee who received prior authorization for a health care service using the coverage terms |
|---|
| 2779 | + | 84.27or clinical criteria in effect before the effective date of the change. |
|---|
| 2780 | + | 84.28 (b) Paragraph (a) does not apply if a utilization review organization changes coverage |
|---|
| 2781 | + | 84.29terms for a drug or device that has been deemed unsafe by the United States Food and Drug |
|---|
| 2782 | + | 84.30Administration (FDA); that has been withdrawn by either the FDA or the product |
|---|
| 2783 | + | 84Article 4 Section 1. |
|---|
| 2784 | + | REVISOR EB/CH 25-0031102/20/25 85.1manufacturer; or when an independent source of research, clinical guidelines, or |
|---|
| 2785 | + | 85.2evidence-based standards has issued drug- or device-specific warnings or recommended |
|---|
| 2786 | + | 85.3changes in drug or device usage. |
|---|
| 2787 | + | 85.4 (c) Paragraph (a) does not apply if a utilization review organization changes coverage |
|---|
| 2788 | + | 85.5terms for a service or the clinical criteria used to conduct prior authorizations for a service |
|---|
| 2789 | + | 85.6when an independent source of research, clinical guidelines, or evidence-based standards |
|---|
| 2790 | + | 85.7has recommended changes in usage of the service for reasons related to patient harm. This |
|---|
| 2791 | + | 85.8paragraph expires December 31, 2025, for health benefit plans offered, sold, issued, or |
|---|
| 2792 | + | 85.9renewed on or after that date. |
|---|
| 2793 | + | 85.10 (d) Effective January 1, 2026, and applicable to health benefit plans offered, sold, issued, |
|---|
| 2794 | + | 85.11or renewed on or after that date, paragraph (a) does not apply if a utilization review |
|---|
| 2795 | + | 85.12organization changes coverage terms for a service or the clinical criteria used to conduct |
|---|
| 2796 | + | 85.13prior authorizations for a service when an independent source of research, clinical guidelines, |
|---|
| 2797 | + | 85.14or evidence-based standards has recommended changes in usage of the service for reasons |
|---|
| 2798 | + | 85.15related to previously unknown and imminent patient harm. |
|---|
| 2799 | + | 85.16 (e) Paragraph (a) does not apply if a utilization review organization removes a brand |
|---|
| 2800 | + | 85.17name drug from its formulary or places a brand name drug in a benefit category that increases |
|---|
| 2801 | + | 85.18the enrollee's cost, provided the utilization review organization (1) adds to its formulary a |
|---|
| 2802 | + | 85.19generic or multisource brand name drug rated as therapeutically equivalent according to |
|---|
| 2803 | + | 85.20the FDA Orange Book, or a biologic drug rated as interchangeable according to the FDA |
|---|
| 2804 | + | 85.21Purple Book, at a lower cost to the enrollee, and (2) provides at least a 60-day notice to |
|---|
| 2805 | + | 85.22prescribers, pharmacists, and affected enrollees. |
|---|
| 2806 | + | 85.23Sec. 2. Minnesota Statutes 2024, section 256B.0625, subdivision 25c, is amended to read: |
|---|
| 2807 | + | 85.24 Subd. 25c.Applicability of utilization review provisions.Effective January 1, 2026, |
|---|
| 2808 | + | 85.25the following provisions of chapter 62M apply to the commissioner when delivering services |
|---|
| 2809 | + | 85.26under chapters 256B and 256L: 62M.02, subdivisions 1 to 5, 7 to 12, 13, 14 to 18, and 21; |
|---|
| 2810 | + | 85.2762M.04; 62M.05, subdivisions 1 to 4; 62M.06, subdivisions 1 to 3; 62M.07; 62M.072; |
|---|
| 2811 | + | 85.2862M.09; 62M.10; 62M.12; and 62M.17, subdivision 2; and 62M.18. |
|---|
| 2812 | + | 85Article 4 Sec. 2. |
|---|
| 2813 | + | REVISOR EB/CH 25-0031102/20/25 86.1 ARTICLE 5 |
|---|
| 2814 | + | 86.2 HUMAN SERVICES OFFICE OF THE INSPECTOR GENERAL |
|---|
| 2815 | + | 86.3 Section 1. Minnesota Statutes 2024, section 142E.51, subdivision 5, is amended to read: |
|---|
| 2816 | + | 86.4 Subd. 5.Administrative disqualification of child care providers caring for children |
|---|
| 2817 | + | 86.5receiving child care assistance.(a) The department shall pursue an administrative |
|---|
| 2818 | + | 86.6disqualification, if the child care provider is accused of committing an intentional program |
|---|
| 2819 | + | 86.7violation, in lieu of a criminal action when it has not been pursued. Intentional program |
|---|
| 2820 | + | 86.8violations include intentionally making false or misleading statements; receiving or providing |
|---|
| 2821 | + | 86.9a kickback, as defined in subdivision 6, paragraph (b); intentionally misrepresenting, |
|---|
| 2822 | + | 86.10concealing, or withholding facts; and repeatedly and intentionally violating program |
|---|
| 2823 | + | 86.11regulations under this chapter. Intent may be proven by demonstrating a pattern of conduct |
|---|
| 2824 | + | 86.12that violates program rules under this chapter. |
|---|
| 2825 | + | 86.13 (b) To initiate an administrative disqualification, the commissioner must send written |
|---|
| 2826 | + | 86.14notice using a signature-verified confirmed delivery method to the provider against whom |
|---|
| 2827 | + | 86.15the action is being taken. Unless otherwise specified under this chapter or Minnesota Rules, |
|---|
| 2828 | + | 86.16chapter 3400, the commissioner must send the written notice at least 15 calendar days before |
|---|
| 2829 | + | 86.17the adverse action's effective date. The notice shall state (1) the factual basis for the agency's |
|---|
| 2830 | + | 86.18determination, (2) the action the agency intends to take, (3) the dollar amount of the monetary |
|---|
| 2831 | + | 86.19recovery or recoupment, if known, and (4) the provider's right to appeal the agency's proposed |
|---|
| 2832 | + | 86.20action. |
|---|
| 2833 | + | 86.21 (c) The provider may appeal an administrative disqualification by submitting a written |
|---|
| 2834 | + | 86.22request to the state agency. A provider's request must be received by the state agency no |
|---|
| 2835 | + | 86.23later than 30 days after the date the commissioner mails the notice. |
|---|
| 2836 | + | 86.24 (d) The provider's appeal request must contain the following: |
|---|
| 2837 | + | 86.25 (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the |
|---|
| 2838 | + | 86.26dollar amount involved for each disputed item; |
|---|
| 2839 | + | 86.27 (2) the computation the provider believes to be correct, if applicable; |
|---|
| 2840 | + | 86.28 (3) the statute or rule relied on for each disputed item; and |
|---|
| 2841 | + | 86.29 (4) the name, address, and telephone number of the person at the provider's place of |
|---|
| 2842 | + | 86.30business with whom contact may be made regarding the appeal. |
|---|
| 2843 | + | 86.31 (e) On appeal, the issuing agency bears the burden of proof to demonstrate by a |
|---|
| 2844 | + | 86.32preponderance of the evidence that the provider committed an intentional program violation. |
|---|
| 2845 | + | 86Article 5 Section 1. |
|---|
| 2846 | + | REVISOR EB/CH 25-0031102/20/25 87.1 (f) The hearing is subject to the requirements of section 142A.20. The human services |
|---|
| 2847 | + | 87.2judge may combine a fair hearing and administrative disqualification hearing into a single |
|---|
| 2848 | + | 87.3hearing if the factual issues arise out of the same or related circumstances and the provider |
|---|
| 2849 | + | 87.4receives prior notice that the hearings will be combined. |
|---|
| 2850 | + | 87.5 (g) A provider found to have committed an intentional program violation and is |
|---|
| 2851 | + | 87.6administratively disqualified must be disqualified, for a period of three years for the first |
|---|
| 2852 | + | 87.7offense and permanently for any subsequent offense, from receiving any payments from |
|---|
| 2853 | + | 87.8any child care program under this chapter. |
|---|
| 2854 | + | 87.9 (h) Unless a timely and proper appeal made under this section is received by the |
|---|
| 2855 | + | 87.10department, the administrative determination of the department is final and binding. |
|---|
| 2856 | + | 87.11Sec. 2. Minnesota Statutes 2024, section 142E.51, subdivision 6, is amended to read: |
|---|
| 2857 | + | 87.12 Subd. 6.Prohibited hiring practice practices.(a) It is prohibited to hire a child care |
|---|
| 2858 | + | 87.13center employee when, as a condition of employment, the employee is required to have one |
|---|
| 2859 | + | 87.14or more children who are eligible for or receive child care assistance, if: |
|---|
| 2860 | + | 87.15 (1) the individual hiring the employee is, or is acting at the direction of or in cooperation |
|---|
| 2861 | + | 87.16with, a child care center provider, center owner, director, manager, license holder, or other |
|---|
| 2862 | + | 87.17controlling individual; and |
|---|
| 2863 | + | 87.18 (2) the individual hiring the employee knows or has reason to know the purpose in hiring |
|---|
| 2864 | + | 87.19the employee is to obtain child care assistance program funds. |
|---|
| 2865 | + | 87.20 (b) Program applicants, participants, and providers are prohibited from receiving or |
|---|
| 2866 | + | 87.21providing a kickback or payment in exchange for obtaining or attempting to obtain child |
|---|
| 2867 | + | 87.22care assistance benefits for their own financial gain. This paragraph does not apply to: |
|---|
| 2868 | + | 87.23 (1) marketing or promotional offerings that directly benefit an applicant or recipient's |
|---|
| 2869 | + | 87.24child or dependent for whom the child care provider is providing child care services; or |
|---|
| 2870 | + | 87.25 (2) child care provider discounts, scholarships, or other financial assistance allowed |
|---|
| 2871 | + | 87.26under section 142E.17, subdivision 7. |
|---|
| 2872 | + | 87.27 (c) An attempt to buy or sell access to a family's child care subsidy benefits to an |
|---|
| 2873 | + | 87.28unauthorized person by an applicant, a participant, or a provider is a kickback, an intentional |
|---|
| 2874 | + | 87.29program violation under subdivision 5, and wrongfully obtaining assistance under section |
|---|
| 2875 | + | 87.30256.98. |
|---|
| 2876 | + | 87Article 5 Sec. 2. |
|---|
| 2877 | + | REVISOR EB/CH 25-0031102/20/25 88.1 Sec. 3. Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read: |
|---|
| 2878 | + | 88.2 Subd. 2.Definitions.For the purposes of this section, "patient" means a person who is |
|---|
| 2879 | + | 88.3admitted to an acute care inpatient facility for a continuous period longer than 24 hours, for |
|---|
| 2880 | + | 88.4the purpose of diagnosis or treatment bearing on the physical or mental health of that person. |
|---|
| 2881 | + | 88.5For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also means a |
|---|
| 2882 | + | 88.6person who receives health care services at an outpatient surgical center or at a birth center |
|---|
| 2883 | + | 88.7licensed under section 144.615. "Patient" also means a minor person who is admitted to a |
|---|
| 2884 | + | 88.8residential program as defined in section 253C.01. "Patient" also means a person who is |
|---|
| 2885 | + | 88.9admitted to a residential substance use disorder treatment program licensed according to |
|---|
| 2886 | + | 88.10Minnesota Rules, parts 2960.0430 to 2960.0490. For purposes of subdivisions 1, 3 to 16, |
|---|
| 2887 | + | 88.1118, 20 and 30, "patient" also means any person who is receiving mental health treatment or |
|---|
| 2888 | + | 88.12substance use disorder treatment on an outpatient basis or in a community support program |
|---|
| 2889 | + | 88.13or other community-based program. "Resident" means a person who is admitted to a nonacute |
|---|
| 2890 | + | 88.14care facility including extended care facilities, nursing homes, and boarding care homes for |
|---|
| 2891 | + | 88.15care required because of prolonged mental or physical illness or disability, recovery from |
|---|
| 2892 | + | 88.16injury or disease, or advancing age. For purposes of all subdivisions except subdivisions |
|---|
| 2893 | + | 88.1728 and 29, "resident" also means a person who is admitted to a facility licensed as a board |
|---|
| 2894 | + | 88.18and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care |
|---|
| 2895 | + | 88.19home under sections 144.50 to 144.56, or a supervised living facility under Minnesota Rules, |
|---|
| 2896 | + | 88.20parts 4665.0100 to 4665.9900, and which that operates a rehabilitation withdrawal |
|---|
| 2897 | + | 88.21management program licensed under chapter 245F, a residential substance use disorder |
|---|
| 2898 | + | 88.22treatment program licensed under chapter 245G or, an intensive residential treatment services |
|---|
| 2899 | + | 88.23or residential crisis stabilization program licensed under chapter 245I, or a detoxification |
|---|
| 2900 | + | 88.24program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590. |
|---|
| 2901 | + | 88.25Sec. 4. Minnesota Statutes 2024, section 245A.04, subdivision 1, is amended to read: |
|---|
| 2902 | + | 88.26 Subdivision 1.Application for licensure.(a) An individual, organization, or government |
|---|
| 2903 | + | 88.27entity that is subject to licensure under section 245A.03 must apply for a license. The |
|---|
| 2904 | + | 88.28application must be made on the forms and in the manner prescribed by the commissioner. |
|---|
| 2905 | + | 88.29The commissioner shall provide the applicant with instruction in completing the application |
|---|
| 2906 | + | 88.30and provide information about the rules and requirements of other state agencies that affect |
|---|
| 2907 | + | 88.31the applicant. An applicant seeking licensure in Minnesota with headquarters outside of |
|---|
| 2908 | + | 88.32Minnesota must have a program office located within 30 miles of the Minnesota border. |
|---|
| 2909 | + | 88.33An applicant who intends to buy or otherwise acquire a program or services licensed under |
|---|
| 2910 | + | 88.34this chapter that is owned by another license holder must apply for a license under this |
|---|
| 2911 | + | 88.35chapter and comply with the application procedures in this section and section 245A.043. |
|---|
| 2912 | + | 88Article 5 Sec. 4. |
|---|
| 2913 | + | REVISOR EB/CH 25-0031102/20/25 89.1 The commissioner shall act on the application within 90 working days after a complete |
|---|
| 2914 | + | 89.2application and any required reports have been received from other state agencies or |
|---|
| 2915 | + | 89.3departments, counties, municipalities, or other political subdivisions. The commissioner |
|---|
| 2916 | + | 89.4shall not consider an application to be complete until the commissioner receives all of the |
|---|
| 2917 | + | 89.5required information. |
|---|
| 2918 | + | 89.6 When the commissioner receives an application for initial licensure that is incomplete |
|---|
| 2919 | + | 89.7because the applicant failed to submit required documents or that is substantially deficient |
|---|
| 2920 | + | 89.8because the documents submitted do not meet licensing requirements, the commissioner |
|---|
| 2921 | + | 89.9shall provide the applicant written notice that the application is incomplete or substantially |
|---|
| 2922 | + | 89.10deficient. In the written notice to the applicant the commissioner shall identify documents |
|---|
| 2923 | + | 89.11that are missing or deficient and give the applicant 45 days to resubmit a second application |
|---|
| 2924 | + | 89.12that is substantially complete. An applicant's failure to submit a substantially complete |
|---|
| 2925 | + | 89.13application after receiving notice from the commissioner is a basis for license denial under |
|---|
| 2926 | + | 89.14section 245A.043. |
|---|
| 2927 | + | 89.15 (b) An application for licensure must identify all controlling individuals as defined in |
|---|
| 2928 | + | 89.16section 245A.02, subdivision 5a, and must designate one individual to be the authorized |
|---|
| 2929 | + | 89.17agent. The application must be signed by the authorized agent and must include the authorized |
|---|
| 2930 | + | 89.18agent's first, middle, and last name; mailing address; and email address. By submitting an |
|---|
| 2931 | + | 89.19application for licensure, the authorized agent consents to electronic communication with |
|---|
| 2932 | + | 89.20the commissioner throughout the application process. The authorized agent must be |
|---|
| 2933 | + | 89.21authorized to accept service on behalf of all of the controlling individuals. A government |
|---|
| 2934 | + | 89.22entity that holds multiple licenses under this chapter may designate one authorized agent |
|---|
| 2935 | + | 89.23for all licenses issued under this chapter or may designate a different authorized agent for |
|---|
| 2936 | + | 89.24each license. Service on the authorized agent is service on all of the controlling individuals. |
|---|
| 2937 | + | 89.25It is not a defense to any action arising under this chapter that service was not made on each |
|---|
| 2938 | + | 89.26controlling individual. The designation of a controlling individual as the authorized agent |
|---|
| 2939 | + | 89.27under this paragraph does not affect the legal responsibility of any other controlling individual |
|---|
| 2940 | + | 89.28under this chapter. |
|---|
| 2941 | + | 89.29 (c) An applicant or license holder must have a policy that prohibits license holders, |
|---|
| 2942 | + | 89.30employees, subcontractors, and volunteers, when directly responsible for persons served |
|---|
| 2943 | + | 89.31by the program, from abusing prescription medication or being in any manner under the |
|---|
| 2944 | + | 89.32influence of a chemical that impairs the individual's ability to provide services or care. The |
|---|
| 2945 | + | 89.33license holder must train employees, subcontractors, and volunteers about the program's |
|---|
| 2946 | + | 89.34drug and alcohol policy before the employee, subcontractor, or volunteer has direct contact, |
|---|
| 2947 | + | 89.35as defined in section 245C.02, subdivision 11, with a person served by the program. |
|---|
| 2948 | + | 89Article 5 Sec. 4. |
|---|
| 2949 | + | REVISOR EB/CH 25-0031102/20/25 90.1 (d) An applicant and license holder must have a program grievance procedure that permits |
|---|
| 2950 | + | 90.2persons served by the program and their authorized representatives to bring a grievance to |
|---|
| 2951 | + | 90.3the highest level of authority in the program. |
|---|
| 2952 | + | 90.4 (e) The commissioner may limit communication during the application process to the |
|---|
| 2953 | + | 90.5authorized agent or the controlling individuals identified on the license application and for |
|---|
| 2954 | + | 90.6whom a background study was initiated under chapter 245C. Upon implementation of the |
|---|
| 2955 | + | 90.7provider licensing and reporting hub, applicants and license holders must use the hub in the |
|---|
| 2956 | + | 90.8manner prescribed by the commissioner. The commissioner may require the applicant, |
|---|
| 2957 | + | 90.9except for child foster care, to demonstrate competence in the applicable licensing |
|---|
| 2958 | + | 90.10requirements by successfully completing a written examination. The commissioner may |
|---|
| 2959 | + | 90.11develop a prescribed written examination format. |
|---|
| 2960 | + | 90.12 (f) When an applicant is an individual, the applicant must provide: |
|---|
| 2961 | + | 90.13 (1) the applicant's taxpayer identification numbers including the Social Security number |
|---|
| 2962 | + | 90.14or Minnesota tax identification number, and federal employer identification number if the |
|---|
| 2963 | + | 90.15applicant has employees; |
|---|
| 2964 | + | 90.16 (2) at the request of the commissioner, a copy of the most recent filing with the secretary |
|---|
| 2965 | + | 90.17of state that includes the complete business name, if any; |
|---|
| 2966 | + | 90.18 (3) if doing business under a different name, the doing business as (DBA) name, as |
|---|
| 2967 | + | 90.19registered with the secretary of state; |
|---|
| 2968 | + | 90.20 (4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique |
|---|
| 2969 | + | 90.21Minnesota Provider Identifier (UMPI) number; and |
|---|
| 2970 | + | 90.22 (5) at the request of the commissioner, the notarized signature of the applicant or |
|---|
| 2971 | + | 90.23authorized agent. |
|---|
| 2972 | + | 90.24 (g) When an applicant is an organization, the applicant must provide: |
|---|
| 2973 | + | 90.25 (1) the applicant's taxpayer identification numbers including the Minnesota tax |
|---|
| 2974 | + | 90.26identification number and federal employer identification number; |
|---|
| 2975 | + | 90.27 (2) at the request of the commissioner, a copy of the most recent filing with the secretary |
|---|
| 2976 | + | 90.28of state that includes the complete business name, and if doing business under a different |
|---|
| 2977 | + | 90.29name, the doing business as (DBA) name, as registered with the secretary of state; |
|---|
| 2978 | + | 90.30 (3) the first, middle, and last name, and address for all individuals who will be controlling |
|---|
| 2979 | + | 90.31individuals, including all officers, owners, and managerial officials as defined in section |
|---|
| 2980 | + | 90Article 5 Sec. 4. |
|---|
| 2981 | + | REVISOR EB/CH 25-0031102/20/25 91.1245A.02, subdivision 5a, and the date that the background study was initiated by the applicant |
|---|
| 2982 | + | 91.2for each controlling individual; |
|---|
| 2983 | + | 91.3 (4) if applicable, the applicant's NPI number and UMPI number; |
|---|
| 2984 | + | 91.4 (5) the documents that created the organization and that determine the organization's |
|---|
| 2985 | + | 91.5internal governance and the relations among the persons that own the organization, have |
|---|
| 2986 | + | 91.6an interest in the organization, or are members of the organization, in each case as provided |
|---|
| 2987 | + | 91.7or authorized by the organization's governing statute, which may include a partnership |
|---|
| 2988 | + | 91.8agreement, bylaws, articles of organization, organizational chart, and operating agreement, |
|---|
| 2989 | + | 91.9or comparable documents as provided in the organization's governing statute; and |
|---|
| 2990 | + | 91.10 (6) the notarized signature of the applicant or authorized agent. |
|---|
| 2991 | + | 91.11 (h) When the applicant is a government entity, the applicant must provide: |
|---|
| 2992 | + | 91.12 (1) the name of the government agency, political subdivision, or other unit of government |
|---|
| 2993 | + | 91.13seeking the license and the name of the program or services that will be licensed; |
|---|
| 2994 | + | 91.14 (2) the applicant's taxpayer identification numbers including the Minnesota tax |
|---|
| 2995 | + | 91.15identification number and federal employer identification number; |
|---|
| 2996 | + | 91.16 (3) a letter signed by the manager, administrator, or other executive of the government |
|---|
| 2997 | + | 91.17entity authorizing the submission of the license application; and |
|---|
| 2998 | + | 91.18 (4) if applicable, the applicant's NPI number and UMPI number. |
|---|
| 2999 | + | 91.19 (i) At the time of application for licensure or renewal of a license under this chapter, the |
|---|
| 3000 | + | 91.20applicant or license holder must acknowledge on the form provided by the commissioner |
|---|
| 3001 | + | 91.21if the applicant or license holder elects to receive any public funding reimbursement from |
|---|
| 3002 | + | 91.22the commissioner for services provided under the license that: |
|---|
| 3003 | + | 91.23 (1) the applicant's or license holder's compliance with the provider enrollment agreement |
|---|
| 3004 | + | 91.24or registration requirements for receipt of public funding may be monitored by the |
|---|
| 3005 | + | 91.25commissioner as part of a licensing investigation or licensing inspection; and |
|---|
| 3006 | + | 91.26 (2) noncompliance with the provider enrollment agreement or registration requirements |
|---|
| 3007 | + | 91.27for receipt of public funding that is identified through a licensing investigation or licensing |
|---|
| 3008 | + | 91.28inspection, or noncompliance with a licensing requirement that is a basis of enrollment for |
|---|
| 3009 | + | 91.29reimbursement for a service, may result in: |
|---|
| 3010 | + | 91.30 (i) a correction order or a conditional license under section 245A.06, or sanctions under |
|---|
| 3011 | + | 91.31section 245A.07; |
|---|
| 3012 | + | 91Article 5 Sec. 4. |
|---|
| 3013 | + | REVISOR EB/CH 25-0031102/20/25 92.1 (ii) nonpayment of claims submitted by the license holder for public program |
|---|
| 3014 | + | 92.2reimbursement; |
|---|
| 3015 | + | 92.3 (iii) recovery of payments made for the service; |
|---|
| 3016 | + | 92.4 (iv) disenrollment in the public payment program; or |
|---|
| 3017 | + | 92.5 (v) other administrative, civil, or criminal penalties as provided by law. |
|---|
| 3018 | + | 92.6 Sec. 5. Minnesota Statutes 2024, section 245A.04, subdivision 7, is amended to read: |
|---|
| 3019 | + | 92.7 Subd. 7.Grant of license; license extension.(a) If the commissioner determines that |
|---|
| 3020 | + | 92.8the program complies with all applicable rules and laws, the commissioner shall issue a |
|---|
| 3021 | + | 92.9license consistent with this section or, if applicable, a temporary change of ownership license |
|---|
| 3022 | + | 92.10under section 245A.043. At minimum, the license shall state: |
|---|
| 3023 | + | 92.11 (1) the name of the license holder; |
|---|
| 3024 | + | 92.12 (2) the address of the program; |
|---|
| 3025 | + | 92.13 (3) the effective date and expiration date of the license; |
|---|
| 3026 | + | 92.14 (4) the type of license; |
|---|
| 3027 | + | 92.15 (5) the maximum number and ages of persons that may receive services from the program; |
|---|
| 3028 | + | 92.16and |
|---|
| 3029 | + | 92.17 (6) any special conditions of licensure. |
|---|
| 3030 | + | 92.18 (b) The commissioner may issue a license for a period not to exceed two years if: |
|---|
| 3031 | + | 92.19 (1) the commissioner is unable to conduct the observation required by subdivision 4, |
|---|
| 3032 | + | 92.20paragraph (a), clause (3), because the program is not yet operational; |
|---|
| 3033 | + | 92.21 (2) certain records and documents are not available because persons are not yet receiving |
|---|
| 3034 | + | 92.22services from the program; and |
|---|
| 3035 | + | 92.23 (3) the applicant complies with applicable laws and rules in all other respects. |
|---|
| 3036 | + | 92.24 (c) A decision by the commissioner to issue a license does not guarantee that any person |
|---|
| 3037 | + | 92.25or persons will be placed or cared for in the licensed program. |
|---|
| 3038 | + | 92.26 (d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a |
|---|
| 3039 | + | 92.27license if the applicant, license holder, or an affiliated controlling individual has: |
|---|
| 3040 | + | 92.28 (1) been disqualified and the disqualification was not set aside and no variance has been |
|---|
| 3041 | + | 92.29granted; |
|---|
| 3042 | + | 92Article 5 Sec. 5. |
|---|
| 3043 | + | REVISOR EB/CH 25-0031102/20/25 93.1 (2) been denied a license under this chapter or chapter 142B within the past two years; |
|---|
| 3044 | + | 93.2 (3) had a license issued under this chapter or chapter 142B revoked within the past five |
|---|
| 3045 | + | 93.3years; or |
|---|
| 3046 | + | 93.4 (4) failed to submit the information required of an applicant under subdivision 1, |
|---|
| 3047 | + | 93.5paragraph (f), (g), or (h), after being requested by the commissioner. |
|---|
| 3048 | + | 93.6 When a license issued under this chapter or chapter 142B is revoked, the license holder |
|---|
| 3049 | + | 93.7and each affiliated controlling individual with a revoked license may not hold any license |
|---|
| 3050 | + | 93.8under chapter 245A for five years following the revocation, and other licenses held by the |
|---|
| 3051 | + | 93.9applicant or license holder or licenses affiliated with each controlling individual shall also |
|---|
| 3052 | + | 93.10be revoked. |
|---|
| 3053 | + | 93.11 (e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license |
|---|
| 3054 | + | 93.12affiliated with a license holder or controlling individual that had a license revoked within |
|---|
| 3055 | + | 93.13the past five years if the commissioner determines that (1) the license holder or controlling |
|---|
| 3056 | + | 93.14individual is operating the program in substantial compliance with applicable laws and rules |
|---|
| 3057 | + | 93.15and (2) the program's continued operation is in the best interests of the community being |
|---|
| 3058 | + | 93.16served. |
|---|
| 3059 | + | 93.17 (f) Notwithstanding paragraph (d), the commissioner may issue a new license in response |
|---|
| 3060 | + | 93.18to an application that is affiliated with an applicant, license holder, or controlling individual |
|---|
| 3061 | + | 93.19that had an application denied within the past two years or a license revoked within the past |
|---|
| 3062 | + | 93.20five years if the commissioner determines that (1) the applicant or controlling individual |
|---|
| 3063 | + | 93.21has operated one or more programs in substantial compliance with applicable laws and rules |
|---|
| 3064 | + | 93.22and (2) the program's operation would be in the best interests of the community to be served. |
|---|
| 3065 | + | 93.23 (g) In determining whether a program's operation would be in the best interests of the |
|---|
| 3066 | + | 93.24community to be served, the commissioner shall consider factors such as the number of |
|---|
| 3067 | + | 93.25persons served, the availability of alternative services available in the surrounding |
|---|
| 3068 | + | 93.26community, the management structure of the program, whether the program provides |
|---|
| 3069 | + | 93.27culturally specific services, and other relevant factors. |
|---|
| 3070 | + | 93.28 (h) The commissioner shall not issue or reissue a license under this chapter if an individual |
|---|
| 3071 | + | 93.29living in the household where the services will be provided as specified under section |
|---|
| 3072 | + | 93.30245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside |
|---|
| 3073 | + | 93.31and no variance has been granted. |
|---|
| 3074 | + | 93.32 (i) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued |
|---|
| 3075 | + | 93.33under this chapter has been suspended or revoked and the suspension or revocation is under |
|---|
| 3076 | + | 93Article 5 Sec. 5. |
|---|
| 3077 | + | REVISOR EB/CH 25-0031102/20/25 94.1appeal, the program may continue to operate pending a final order from the commissioner. |
|---|
| 3078 | + | 94.2If the license under suspension or revocation will expire before a final order is issued, a |
|---|
| 3079 | + | 94.3temporary provisional license may be issued provided any applicable license fee is paid |
|---|
| 3080 | + | 94.4before the temporary provisional license is issued. |
|---|
| 3081 | + | 94.5 (j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of |
|---|
| 3082 | + | 94.6a controlling individual or license holder, and the controlling individual or license holder |
|---|
| 3083 | + | 94.7is ordered under section 245C.17 to be immediately removed from direct contact with |
|---|
| 3084 | + | 94.8persons receiving services or is ordered to be under continuous, direct supervision when |
|---|
| 3085 | + | 94.9providing direct contact services, the program may continue to operate only if the program |
|---|
| 3086 | + | 94.10complies with the order and submits documentation demonstrating compliance with the |
|---|
| 3087 | + | 94.11order. If the disqualified individual fails to submit a timely request for reconsideration, or |
|---|
| 3088 | + | 94.12if the disqualification is not set aside and no variance is granted, the order to immediately |
|---|
| 3089 | + | 94.13remove the individual from direct contact or to be under continuous, direct supervision |
|---|
| 3090 | + | 94.14remains in effect pending the outcome of a hearing and final order from the commissioner. |
|---|
| 3091 | + | 94.15 (k) Unless otherwise specified by statute, all licenses issued under this chapter expire |
|---|
| 3092 | + | 94.16at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must |
|---|
| 3093 | + | 94.17apply for and be granted comply with the requirements in section 245A.10 and be reissued |
|---|
| 3094 | + | 94.18a new license to operate the program or the program must not be operated after the expiration |
|---|
| 3095 | + | 94.19date. Adult foster care, family adult day services, child foster residence setting, and |
|---|
| 3096 | + | 94.20community residential services license holders must apply for and be granted a new license |
|---|
| 3097 | + | 94.21to operate the program or the program must not be operated after the expiration date. Upon |
|---|
| 3098 | + | 94.22implementation of the provider licensing and reporting hub, licenses may be issued each |
|---|
| 3099 | + | 94.23calendar year. |
|---|
| 3100 | + | 94.24 (l) The commissioner shall not issue or reissue a license under this chapter if it has been |
|---|
| 3101 | + | 94.25determined that a Tribal licensing authority has established jurisdiction to license the program |
|---|
| 3102 | + | 94.26or service. |
|---|
| 3103 | + | 94.27 (m) The commissioner of human services may coordinate and share data with the |
|---|
| 3104 | + | 94.28commissioner of children, youth, and families to enforce this section. |
|---|
| 3105 | + | 94.29Sec. 6. Minnesota Statutes 2024, section 245A.16, subdivision 1, is amended to read: |
|---|
| 3106 | + | 94.30 Subdivision 1.Delegation of authority to agencies.(a) County agencies that have been |
|---|
| 3107 | + | 94.31designated by the commissioner to perform licensing functions and activities under section |
|---|
| 3108 | + | 94.32245A.04; to recommend denial of applicants under section 245A.05; to issue correction |
|---|
| 3109 | + | 94.33orders, to issue variances, and recommend a conditional license under section 245A.06; or |
|---|
| 3110 | + | 94.34to recommend suspending or revoking a license or issuing a fine under section 245A.07, |
|---|
| 3111 | + | 94Article 5 Sec. 6. |
|---|
| 3112 | + | REVISOR EB/CH 25-0031102/20/25 95.1shall comply with rules and directives of the commissioner governing those functions and |
|---|
| 3113 | + | 95.2with this section. The following variances are excluded from the delegation of variance |
|---|
| 3114 | + | 95.3authority and may be issued only by the commissioner: |
|---|
| 3115 | + | 95.4 (1) dual licensure of child foster residence setting and community residential setting; |
|---|
| 3116 | + | 95.5 (2) until the responsibility for family child foster care transfers to the commissioner of |
|---|
| 3117 | + | 95.6children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual |
|---|
| 3118 | + | 95.7licensure of family child foster care and family adult foster care; |
|---|
| 3119 | + | 95.8 (3) until the responsibility for family child care transfers to the commissioner of children, |
|---|
| 3120 | + | 95.9youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of |
|---|
| 3121 | + | 95.10family adult foster care and family child care; |
|---|
| 3122 | + | 95.11 (4) adult foster care or community residential setting maximum capacity; |
|---|
| 3123 | + | 95.12 (5) adult foster care or community residential setting minimum age requirement; |
|---|
| 3124 | + | 95.13 (6) child foster care maximum age requirement; |
|---|
| 3125 | + | 95.14 (7) variances regarding disqualified individuals; |
|---|
| 3126 | + | 95.15 (8) the required presence of a caregiver in the adult foster care residence during normal |
|---|
| 3127 | + | 95.16sleeping hours; |
|---|
| 3128 | + | 95.17 (9) variances to requirements relating to chemical use problems of a license holder or a |
|---|
| 3129 | + | 95.18household member of a license holder; and |
|---|
| 3130 | + | 95.19 (10) variances to section 142B.46 for the use of a cradleboard for a cultural |
|---|
| 3131 | + | 95.20accommodation. |
|---|
| 3132 | + | 95.21 (b) Once the respective responsibilities transfer from the commissioner of human services |
|---|
| 3133 | + | 95.22to the commissioner of children, youth, and families, under Laws 2023, chapter 70, article |
|---|
| 3134 | + | 95.2312, section 30, the commissioners of human services and children, youth, and families must |
|---|
| 3135 | + | 95.24both approve a variance for dual licensure of family child foster care and family adult foster |
|---|
| 3136 | + | 95.25care or family adult foster care and family child care. Variances under this paragraph are |
|---|
| 3137 | + | 95.26excluded from the delegation of variance authority and may be issued only by both |
|---|
| 3138 | + | 95.27commissioners. |
|---|
| 3139 | + | 95.28 (c) For family adult day services programs, the commissioner may authorize licensing |
|---|
| 3140 | + | 95.29reviews every two years after a licensee has had at least one annual review. |
|---|
| 3141 | + | 95.30 (d) A (c) An adult foster care, family adult day services, child foster residence setting, |
|---|
| 3142 | + | 95.31or community residential services license issued under this section may be issued for up to |
|---|
| 3143 | + | 95.32two years until implementation of the provider licensing and reporting hub. Upon |
|---|
| 3144 | + | 95Article 5 Sec. 6. |
|---|
| 3145 | + | REVISOR EB/CH 25-0031102/20/25 96.1implementation of the provider licensing and reporting hub, licenses may be issued each |
|---|
| 3146 | + | 96.2calendar year. |
|---|
| 3147 | + | 96.3 (e) (d) During implementation of chapter 245D, the commissioner shall consider: |
|---|
| 3148 | + | 96.4 (1) the role of counties in quality assurance; |
|---|
| 3149 | + | 96.5 (2) the duties of county licensing staff; and |
|---|
| 3150 | + | 96.6 (3) the possible use of joint powers agreements, according to section 471.59, with counties |
|---|
| 3151 | + | 96.7through which some licensing duties under chapter 245D may be delegated by the |
|---|
| 3152 | + | 96.8commissioner to the counties. |
|---|
| 3153 | + | 96.9Any consideration related to this paragraph must meet all of the requirements of the corrective |
|---|
| 3154 | + | 96.10action plan ordered by the federal Centers for Medicare and Medicaid Services. |
|---|
| 3155 | + | 96.11 (f) (e) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or |
|---|
| 3156 | + | 96.12successor provisions; and section 245D.061 or successor provisions, for family child foster |
|---|
| 3157 | + | 96.13care programs providing out-of-home respite, as identified in section 245D.03, subdivision |
|---|
| 3158 | + | 96.141, paragraph (b), clause (1), is excluded from the delegation of authority to county agencies. |
|---|
| 3159 | + | 96.15Sec. 7. Minnesota Statutes 2024, section 245A.242, subdivision 2, is amended to read: |
|---|
| 3160 | + | 96.16 Subd. 2.Emergency overdose treatment.(a) A license holder must maintain a supply |
|---|
| 3161 | + | 96.17of opiate antagonists as defined in section 604A.04, subdivision 1, available for emergency |
|---|
| 3162 | + | 96.18treatment of opioid overdose and must have a written standing order protocol by a physician |
|---|
| 3163 | + | 96.19who is licensed under chapter 147, advanced practice registered nurse who is licensed under |
|---|
| 3164 | + | 96.20chapter 148, or physician assistant who is licensed under chapter 147A, that permits the |
|---|
| 3165 | + | 96.21license holder to maintain a supply of opiate antagonists on site. A license holder must |
|---|
| 3166 | + | 96.22require staff to undergo training in the specific mode of administration used at the program, |
|---|
| 3167 | + | 96.23which may include intranasal administration, intramuscular injection, or both, before the |
|---|
| 3168 | + | 96.24staff has direct contact, as defined in section 245C.02, subdivision 11, with a person served |
|---|
| 3169 | + | 96.25by the program. |
|---|
| 3170 | + | 96.26 (b) Notwithstanding any requirements to the contrary in Minnesota Rules, chapters 2960 |
|---|
| 3171 | + | 96.27and 9530, and Minnesota Statutes, chapters 245F, 245G, and 245I: |
|---|
| 3172 | + | 96.28 (1) emergency opiate antagonist medications are not required to be stored in a locked |
|---|
| 3173 | + | 96.29area and staff and adult clients may carry this medication on them and store it in an unlocked |
|---|
| 3174 | + | 96.30location; |
|---|
| 3175 | + | 96.31 (2) staff persons who only administer emergency opiate antagonist medications only |
|---|
| 3176 | + | 96.32require the training required by paragraph (a), which any knowledgeable trainer may provide. |
|---|
| 3177 | + | 96Article 5 Sec. 7. |
|---|
| 3178 | + | REVISOR EB/CH 25-0031102/20/25 97.1The trainer is not required to be a registered nurse or part of an accredited educational |
|---|
| 3179 | + | 97.2institution; and |
|---|
| 3180 | + | 97.3 (3) nonresidential substance use disorder treatment programs that do not administer |
|---|
| 3181 | + | 97.4client medications beyond emergency opiate antagonist medications are not required to |
|---|
| 3182 | + | 97.5have the policies and procedures required in section 245G.08, subdivisions 5 and 6, and |
|---|
| 3183 | + | 97.6must instead describe the program's procedures for administering opiate antagonist |
|---|
| 3184 | + | 97.7medications in the license holder's description of health care services under section 245G.08, |
|---|
| 3185 | + | 97.8subdivision 1. |
|---|
| 3186 | + | 97.9 Sec. 8. Minnesota Statutes 2024, section 245C.05, is amended by adding a subdivision to |
|---|
| 3187 | + | 97.10read: |
|---|
| 3188 | + | 97.11 Subd. 9.Electronic signature.For documentation requiring a signature under this |
|---|
| 3189 | + | 97.12chapter, use of an electronic signature as defined under section 325L.02, paragraph (h), is |
|---|
| 3190 | + | 97.13allowed. |
|---|
| 3191 | + | 97.14Sec. 9. Minnesota Statutes 2024, section 245C.08, subdivision 3, is amended to read: |
|---|
| 3192 | + | 97.15 Subd. 3.Arrest and investigative information.(a) For any background study completed |
|---|
| 3193 | + | 97.16under this section, if the commissioner has reasonable cause to believe the information is |
|---|
| 3194 | + | 97.17pertinent to the disqualification of an individual, the commissioner also may review arrest |
|---|
| 3195 | + | 97.18and investigative information from: |
|---|
| 3196 | + | 97.19 (1) the Bureau of Criminal Apprehension; |
|---|
| 3197 | + | 97.20 (2) the commissioners of children, youth, and families; health; and human services; |
|---|
| 3198 | + | 97.21 (3) a county attorney prosecutor; |
|---|
| 3199 | + | 97.22 (4) a county sheriff; |
|---|
| 3200 | + | 97.23 (5) (4) a county agency; |
|---|
| 3201 | + | 97.24 (6) (5) a local chief of police law enforcement agency; |
|---|
| 3202 | + | 97.25 (7) (6) other states; |
|---|
| 3203 | + | 97.26 (8) (7) the courts; |
|---|
| 3204 | + | 97.27 (9) (8) the Federal Bureau of Investigation; |
|---|
| 3205 | + | 97.28 (10) (9) the National Criminal Records Repository; and |
|---|
| 3206 | + | 97.29 (11) (10) criminal records from other states. |
|---|
| 3207 | + | 97Article 5 Sec. 9. |
|---|
| 3208 | + | REVISOR EB/CH 25-0031102/20/25 98.1 (b) Except when specifically required by law, the commissioner is not required to conduct |
|---|
| 3209 | + | 98.2more than one review of a subject's records from the Federal Bureau of Investigation if a |
|---|
| 3210 | + | 98.3review of the subject's criminal history with the Federal Bureau of Investigation has already |
|---|
| 3211 | + | 98.4been completed by the commissioner and there has been no break in the subject's affiliation |
|---|
| 3212 | + | 98.5with the entity that initiated the background study. |
|---|
| 3213 | + | 98.6 (c) If the commissioner conducts a national criminal history record check when required |
|---|
| 3214 | + | 98.7by law and uses the information from the national criminal history record check to make a |
|---|
| 3215 | + | 98.8disqualification determination, the data obtained is private data and cannot be shared with |
|---|
| 3216 | + | 98.9private agencies or prospective employers of the background study subject. |
|---|
| 3217 | + | 98.10 (d) If the commissioner conducts a national criminal history record check when required |
|---|
| 3218 | + | 98.11by law and uses the information from the national criminal history record check to make a |
|---|
| 3219 | + | 98.12disqualification determination, the license holder or entity that submitted the study is not |
|---|
| 3220 | + | 98.13required to obtain a copy of the background study subject's disqualification letter under |
|---|
| 3221 | + | 98.14section 245C.17, subdivision 3. |
|---|
| 3222 | + | 98.15Sec. 10. Minnesota Statutes 2024, section 245C.22, subdivision 5, is amended to read: |
|---|
| 3223 | + | 98.16 Subd. 5.Scope of set-aside.(a) If the commissioner sets aside a disqualification under |
|---|
| 3224 | + | 98.17this section, the disqualified individual remains disqualified, but may hold a license and |
|---|
| 3225 | + | 98.18have direct contact with or access to persons receiving services. Except as provided in |
|---|
| 3226 | + | 98.19paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the |
|---|
| 3227 | + | 98.20licensed program, applicant, or agency specified in the set aside notice under section 245C.23. |
|---|
| 3228 | + | 98.21For personal care provider organizations, financial management services organizations, |
|---|
| 3229 | + | 98.22community first services and supports organizations, unlicensed home and community-based |
|---|
| 3230 | + | 98.23organizations, and consumer-directed community supports organizations, the commissioner's |
|---|
| 3231 | + | 98.24set-aside may further be limited to a specific individual who is receiving services. For new |
|---|
| 3232 | + | 98.25background studies required under section 245C.04, subdivision 1, paragraph (h), if an |
|---|
| 3233 | + | 98.26individual's disqualification was previously set aside for the license holder's program and |
|---|
| 3234 | + | 98.27the new background study results in no new information that indicates the individual may |
|---|
| 3235 | + | 98.28pose a risk of harm to persons receiving services from the license holder, the previous |
|---|
| 3236 | + | 98.29set-aside shall remain in effect. |
|---|
| 3237 | + | 98.30 (b) If the commissioner has previously set aside an individual's disqualification for one |
|---|
| 3238 | + | 98.31or more programs or agencies, and the individual is the subject of a subsequent background |
|---|
| 3239 | + | 98.32study for a different program or agency, the commissioner shall determine whether the |
|---|
| 3240 | + | 98.33disqualification is set aside for the program or agency that initiated the subsequent |
|---|
| 3241 | + | 98Article 5 Sec. 10. |
|---|
| 3242 | + | REVISOR EB/CH 25-0031102/20/25 99.1background study. A notice of a set-aside under paragraph (c) shall be issued within 15 |
|---|
| 3243 | + | 99.2working days if all of the following criteria are met: |
|---|
| 3244 | + | 99.3 (1) the subsequent background study was initiated in connection with a program licensed |
|---|
| 3245 | + | 99.4or regulated under the same provisions of law and rule for at least one program for which |
|---|
| 3246 | + | 99.5the individual's disqualification was previously set aside by the commissioner; |
|---|
| 3247 | + | 99.6 (2) the individual is not disqualified for an offense specified in section 245C.15, |
|---|
| 3248 | + | 99.7subdivision 1 or 2; |
|---|
| 3249 | + | 99.8 (3) the commissioner has received no new information to indicate that the individual |
|---|
| 3250 | + | 99.9may pose a risk of harm to any person served by the program; and |
|---|
| 3251 | + | 99.10 (4) the previous set-aside was not limited to a specific person receiving services. |
|---|
| 3252 | + | 99.11 (c) Notwithstanding paragraph (b), clause (2), for an individual who is employed in the |
|---|
| 3253 | + | 99.12substance use disorder field, if the commissioner has previously set aside an individual's |
|---|
| 3254 | + | 99.13disqualification for one or more programs or agencies in the substance use disorder treatment |
|---|
| 3255 | + | 99.14field, and the individual is the subject of a subsequent background study for a different |
|---|
| 3256 | + | 99.15program or agency in the substance use disorder treatment field, the commissioner shall set |
|---|
| 3257 | + | 99.16aside the disqualification for the program or agency in the substance use disorder treatment |
|---|
| 3258 | + | 99.17field that initiated the subsequent background study when the criteria under paragraph (b), |
|---|
| 3259 | + | 99.18clauses (1), (3), and (4), are met and the individual is not disqualified for an offense specified |
|---|
| 3260 | + | 99.19in section 245C.15, subdivision 1. A notice of a set-aside under paragraph (d) shall be issued |
|---|
| 3261 | + | 99.20within 15 working days. |
|---|
| 3262 | + | 99.21 (d) When a disqualification is set aside under paragraph (b), the notice of background |
|---|
| 3263 | + | 99.22study results issued under section 245C.17, in addition to the requirements under section |
|---|
| 3264 | + | 99.23245C.17, shall state that the disqualification is set aside for the program or agency that |
|---|
| 3265 | + | 99.24initiated the subsequent background study. The notice must inform the individual that the |
|---|
| 3266 | + | 99.25individual may request reconsideration of the disqualification under section 245C.21 on the |
|---|
| 3267 | + | 99.26basis that the information used to disqualify the individual is incorrect. |
|---|
| 3268 | + | 99.27Sec. 11. Minnesota Statutes 2024, section 245D.02, subdivision 4a, is amended to read: |
|---|
| 3269 | + | 99.28 Subd. 4a.Community residential setting."Community residential setting" means a |
|---|
| 3270 | + | 99.29residential program as identified in section 245A.11, subdivision 8, where residential supports |
|---|
| 3271 | + | 99.30and services identified in section 245D.03, subdivision 1, paragraph (c), clause (3), items |
|---|
| 3272 | + | 99.31(i) and (ii), are provided to adults, as defined in section 245A.02, subdivision 2, and the |
|---|
| 3273 | + | 99.32license holder is the owner, lessor, or tenant of the facility licensed according to this chapter, |
|---|
| 3274 | + | 99.33and the license holder does not reside in the facility. |
|---|
| 3275 | + | 99Article 5 Sec. 11. |
|---|
| 3276 | + | REVISOR EB/CH 25-0031102/20/25 100.1 EFFECTIVE DATE.This section is effective August 1, 2025. |
|---|
| 3277 | + | 100.2Sec. 12. Minnesota Statutes 2024, section 245G.05, subdivision 1, is amended to read: |
|---|
| 3278 | + | 100.3 Subdivision 1.Comprehensive assessment.A comprehensive assessment of the client's |
|---|
| 3279 | + | 100.4substance use disorder must be administered face-to-face by an alcohol and drug counselor |
|---|
| 3280 | + | 100.5within five calendar days from the day of service initiation for a residential program or by |
|---|
| 3281 | + | 100.6the end of the fifth day on which a treatment service is provided in a nonresidential program. |
|---|
| 3282 | + | 100.7The number of days to complete the comprehensive assessment excludes the day of service |
|---|
| 3283 | + | 100.8initiation. If the comprehensive assessment is not completed within the required time frame, |
|---|
| 3284 | + | 100.9the person-centered reason for the delay and the planned completion date must be documented |
|---|
| 3285 | + | 100.10in the client's file. The comprehensive assessment is complete upon a qualified staff member's |
|---|
| 3286 | + | 100.11dated signature. If the client previously received a comprehensive assessment that authorized |
|---|
| 3287 | + | 100.12the treatment service, an alcohol and drug counselor may use the comprehensive assessment |
|---|
| 3288 | + | 100.13for requirements of this subdivision but must document a review of the comprehensive |
|---|
| 3289 | + | 100.14assessment and update the comprehensive assessment as clinically necessary to ensure |
|---|
| 3290 | + | 100.15compliance with this subdivision within applicable timelines. An alcohol and drug counselor |
|---|
| 3291 | + | 100.16must sign and date the comprehensive assessment review and update. |
|---|
| 3292 | + | 100.17Sec. 13. Minnesota Statutes 2024, section 245G.06, subdivision 1, is amended to read: |
|---|
| 3293 | + | 100.18 Subdivision 1.General.Each client must have a person-centered individual treatment |
|---|
| 3294 | + | 100.19plan developed by an alcohol and drug counselor within ten days from the day of service |
|---|
| 3295 | + | 100.20initiation for a residential program, by the end of the tenth day on which a treatment session |
|---|
| 3296 | + | 100.21has been provided from the day of service initiation for a client in a nonresidential program, |
|---|
| 3297 | + | 100.22not to exceed 30 days. Opioid treatment programs must complete the individual treatment |
|---|
| 3298 | + | 100.23plan within 21 14 days from the day of service initiation. The number of days to complete |
|---|
| 3299 | + | 100.24the individual treatment plan excludes the day of service initiation. The individual treatment |
|---|
| 3300 | + | 100.25plan must be signed by the client and the alcohol and drug counselor and document the |
|---|
| 3301 | + | 100.26client's involvement in the development of the plan. The individual treatment plan is |
|---|
| 3302 | + | 100.27developed upon the qualified staff member's dated signature. Treatment planning must |
|---|
| 3303 | + | 100.28include ongoing assessment of client needs. An individual treatment plan must be updated |
|---|
| 3304 | + | 100.29based on new information gathered about the client's condition, the client's level of |
|---|
| 3305 | + | 100.30participation, and on whether methods identified have the intended effect. A change to the |
|---|
| 3306 | + | 100.31plan must be signed by the client and the alcohol and drug counselor. If the client chooses |
|---|
| 3307 | + | 100.32to have family or others involved in treatment services, the client's individual treatment plan |
|---|
| 3308 | + | 100.33must include how the family or others will be involved in the client's treatment. If a client |
|---|
| 3309 | + | 100.34is receiving treatment services or an assessment via telehealth and the alcohol and drug |
|---|
| 3310 | + | 100Article 5 Sec. 13. |
|---|
| 3311 | + | REVISOR EB/CH 25-0031102/20/25 101.1counselor documents the reason the client's signature cannot be obtained, the alcohol and |
|---|
| 3312 | + | 101.2drug counselor may document the client's verbal approval or electronic written approval of |
|---|
| 3313 | + | 101.3the treatment plan or change to the treatment plan in lieu of the client's signature. |
|---|
| 3314 | + | 101.4Sec. 14. Minnesota Statutes 2024, section 245G.06, subdivision 2a, is amended to read: |
|---|
| 3315 | + | 101.5 Subd. 2a.Documentation of treatment services.The license holder must ensure that |
|---|
| 3316 | + | 101.6the staff member who provides the treatment service documents in the client record the |
|---|
| 3317 | + | 101.7date, type, and amount of each treatment service provided to a client and the client's response |
|---|
| 3318 | + | 101.8to each treatment service within seven days of providing the treatment service. In addition |
|---|
| 3319 | + | 101.9to the other requirements of this subdivision, if a guest speaker presents information during |
|---|
| 3320 | + | 101.10a treatment service, the alcohol and drug counselor who provided the service and is |
|---|
| 3321 | + | 101.11responsible for the information presented by the guest speaker must document the name of |
|---|
| 3322 | + | 101.12the guest speaker, date of service, time the presentation began, time the presentation ended, |
|---|
| 3323 | + | 101.13and a summary of the topic presentation. |
|---|
| 3324 | + | 101.14Sec. 15. Minnesota Statutes 2024, section 245G.06, subdivision 3a, is amended to read: |
|---|
| 3325 | + | 101.15 Subd. 3a.Frequency of treatment plan reviews.(a) A license holder must ensure that |
|---|
| 3326 | + | 101.16the alcohol and drug counselor responsible for a client's treatment plan completes and |
|---|
| 3327 | + | 101.17documents a treatment plan review that meets the requirements of subdivision 3 in each |
|---|
| 3328 | + | 101.18client's file, according to the frequencies required in this subdivision. All ASAM levels |
|---|
| 3329 | + | 101.19referred to in this chapter are those described in section 254B.19, subdivision 1. |
|---|
| 3330 | + | 101.20 (b) For a client receiving residential ASAM level 3.3 or 3.5 high-intensity services or |
|---|
| 3331 | + | 101.21residential hospital-based services, a treatment plan review must be completed once every |
|---|
| 3332 | + | 101.2214 days. |
|---|
| 3333 | + | 101.23 (c) For a client receiving residential ASAM level 3.1 low-intensity services or any other |
|---|
| 3334 | + | 101.24residential level not listed in paragraph (b), a treatment plan review must be completed once |
|---|
| 3335 | + | 101.25every 30 days. |
|---|
| 3336 | + | 101.26 (d) For a client receiving nonresidential ASAM level 2.5 partial hospitalization services, |
|---|
| 3337 | + | 101.27a treatment plan review must be completed once every 14 days. |
|---|
| 3338 | + | 101.28 (e) For a client receiving nonresidential ASAM level 1.0 outpatient or 2.1 intensive |
|---|
| 3339 | + | 101.29outpatient services or any other nonresidential level not included in paragraph (d), a treatment |
|---|
| 3340 | + | 101.30plan review must be completed once every 30 days. |
|---|
| 3341 | + | 101.31 (f) For a client receiving nonresidential opioid treatment program services according to |
|---|
| 3342 | + | 101.32section 245G.22, a treatment plan review must be completed: |
|---|
| 3343 | + | 101Article 5 Sec. 15. |
|---|
| 3344 | + | REVISOR EB/CH 25-0031102/20/25 102.1 (1) weekly for the ten weeks following completion of the treatment plan; and |
|---|
| 3345 | + | 102.2 (2) monthly thereafter. |
|---|
| 3346 | + | 102.3Treatment plan reviews must be completed more frequently when clinical needs warrant. |
|---|
| 3347 | + | 102.4 (g) The ten-week time frame in paragraph (f), clause (1), may include a client's previous |
|---|
| 3348 | + | 102.5time at another opioid treatment program licensed in Minnesota under section 245G.22 if: |
|---|
| 3349 | + | 102.6 (1) the client was enrolled in the other opioid treatment program immediately prior to |
|---|
| 3350 | + | 102.7admission to the license holder's program; |
|---|
| 3351 | + | 102.8 (2) the client did not miss taking a daily dose of medication to treat an opioid use disorder; |
|---|
| 3352 | + | 102.9and |
|---|
| 3353 | + | 102.10 (3) the license holder obtains from the previous opioid treatment program the client's |
|---|
| 3354 | + | 102.11number of days in comprehensive treatment, discharge summary, amount of daily milligram |
|---|
| 3355 | + | 102.12dose of medication for opioid use disorder, and previous three drug abuse test results. |
|---|
| 3356 | + | 102.13 (g) (h) Notwithstanding paragraphs (e) and (f), clause (2), for a client in a nonresidential |
|---|
| 3357 | + | 102.14program with a treatment plan that clearly indicates less than five hours of skilled treatment |
|---|
| 3358 | + | 102.15services will be provided to the client each month, a treatment plan review must be completed |
|---|
| 3359 | + | 102.16once every 90 days. Treatment plan reviews must be completed more frequently when |
|---|
| 3360 | + | 102.17clinical needs warrant. |
|---|
| 3361 | + | 102.18Sec. 16. Minnesota Statutes 2024, section 245G.07, subdivision 2, is amended to read: |
|---|
| 3362 | + | 102.19 Subd. 2.Additional treatment service.A license holder may provide or arrange the |
|---|
| 3363 | + | 102.20following additional treatment service as a part of the client's individual treatment plan: |
|---|
| 3364 | + | 102.21 (1) relationship counseling provided by a qualified professional to help the client identify |
|---|
| 3365 | + | 102.22the impact of the client's substance use disorder on others and to help the client and persons |
|---|
| 3366 | + | 102.23in the client's support structure identify and change behaviors that contribute to the client's |
|---|
| 3367 | + | 102.24substance use disorder; |
|---|
| 3368 | + | 102.25 (2) therapeutic recreation to allow the client to participate in recreational activities |
|---|
| 3369 | + | 102.26without the use of mood-altering chemicals and to plan and select leisure activities that do |
|---|
| 3370 | + | 102.27not involve the inappropriate use of chemicals; |
|---|
| 3371 | + | 102.28 (3) stress management and physical well-being to help the client reach and maintain an |
|---|
| 3372 | + | 102.29appropriate level of health, physical fitness, and well-being; |
|---|
| 3373 | + | 102.30 (4) living skills development to help the client learn basic skills necessary for independent |
|---|
| 3374 | + | 102.31living; |
|---|
| 3375 | + | 102Article 5 Sec. 16. |
|---|
| 3376 | + | REVISOR EB/CH 25-0031102/20/25 103.1 (5) employment or educational services to help the client become financially independent; |
|---|
| 3377 | + | 103.2 (6) socialization skills development to help the client live and interact with others in a |
|---|
| 3378 | + | 103.3positive and productive manner; |
|---|
| 3379 | + | 103.4 (7) room, board, and supervision at the treatment site to provide the client with a safe |
|---|
| 3380 | + | 103.5and appropriate environment to gain and practice new skills; and |
|---|
| 3381 | + | 103.6 (8) peer recovery support services must be provided one-to-one and face-to-face, |
|---|
| 3382 | + | 103.7including through the Internet, by a recovery peer qualified according to section 245I.04, |
|---|
| 3383 | + | 103.8subdivision 18. Peer recovery support services must be provided according to sections |
|---|
| 3384 | + | 103.9254B.05, subdivision 5, and 254B.052. |
|---|
| 3385 | + | 103.10Sec. 17. Minnesota Statutes 2024, section 245G.08, subdivision 6, is amended to read: |
|---|
| 3386 | + | 103.11 Subd. 6.Control of drugs.A license holder must have and implement written policies |
|---|
| 3387 | + | 103.12and procedures developed by a registered nurse that contain: |
|---|
| 3388 | + | 103.13 (1) a requirement that each drug must be stored in a locked compartment. A Schedule |
|---|
| 3389 | + | 103.14II drug, as defined by section 152.02, subdivision 3, must be stored in a separately locked |
|---|
| 3390 | + | 103.15compartment, permanently affixed to the physical plant or medication cart; |
|---|
| 3391 | + | 103.16 (2) a documentation system which that accounts for all scheduled drugs each shift |
|---|
| 3392 | + | 103.17schedule II to V drugs listed in section 152.02, subdivisions 3 to 6; |
|---|
| 3393 | + | 103.18 (3) a procedure for recording the client's use of medication, including the signature of |
|---|
| 3394 | + | 103.19the staff member who completed the administration of the medication with the time and |
|---|
| 3395 | + | 103.20date; |
|---|
| 3396 | + | 103.21 (4) a procedure to destroy a discontinued, outdated, or deteriorated medication; |
|---|
| 3397 | + | 103.22 (5) a statement that only authorized personnel are permitted access to the keys to a locked |
|---|
| 3398 | + | 103.23compartment; |
|---|
| 3399 | + | 103.24 (6) a statement that no legend drug supply for one client shall be given to another client; |
|---|
| 3400 | + | 103.25and |
|---|
| 3401 | + | 103.26 (7) a procedure for monitoring the available supply of an opiate antagonist as defined |
|---|
| 3402 | + | 103.27in section 604A.04, subdivision 1, on site and replenishing the supply when needed. |
|---|
| 3403 | + | 103.28Sec. 18. Minnesota Statutes 2024, section 245G.09, subdivision 3, is amended to read: |
|---|
| 3404 | + | 103.29 Subd. 3.Contents.(a) Client records must contain the following: |
|---|
| 3405 | + | 103.30 (1) documentation that the client was given: |
|---|
| 3406 | + | 103Article 5 Sec. 18. |
|---|
| 3407 | + | REVISOR EB/CH 25-0031102/20/25 104.1 (i) information on client rights and responsibilities, and grievance procedures, on the |
|---|
| 3408 | + | 104.2day of service initiation; |
|---|
| 3409 | + | 104.3 (ii) information on tuberculosis, and HIV, and that the client was provided within 72 |
|---|
| 3410 | + | 104.4hours of service initiation; |
|---|
| 3411 | + | 104.5 (iii) an orientation to the program abuse prevention plan required under section 245A.65, |
|---|
| 3412 | + | 104.6subdivision 2, paragraph (a), clause (4). If the client has an opioid use disorder, the record |
|---|
| 3413 | + | 104.7must contain documentation that the client was provided within 24 hours of admission or, |
|---|
| 3414 | + | 104.8for clients who would benefit from a later orientation, 72 hours; and |
|---|
| 3415 | + | 104.9 (iv) opioid educational information material according to section 245G.04, subdivision |
|---|
| 3416 | + | 104.103, on the day of service initiation; |
|---|
| 3417 | + | 104.11 (2) an initial services plan completed according to section 245G.04; |
|---|
| 3418 | + | 104.12 (3) a comprehensive assessment completed according to section 245G.05; |
|---|
| 3419 | + | 104.13 (4) an individual abuse prevention plan according to sections 245A.65, subdivision 2, |
|---|
| 3420 | + | 104.14and 626.557, subdivision 14, when applicable; |
|---|
| 3421 | + | 104.15 (5) an individual treatment plan according to section 245G.06, subdivisions 1 and 1a; |
|---|
| 3422 | + | 104.16 (6) documentation of treatment services, significant events, appointments, concerns, and |
|---|
| 3423 | + | 104.17treatment plan reviews according to section 245G.06, subdivisions 2a, 2b, 3, and 3a; and |
|---|
| 3424 | + | 104.18 (7) a summary at the time of service termination according to section 245G.06, |
|---|
| 3425 | + | 104.19subdivision 4. |
|---|
| 3426 | + | 104.20 (b) For a client that transfers to another of the license holder's licensed treatment locations, |
|---|
| 3427 | + | 104.21the license holder is not required to complete new documents or orientation for the client, |
|---|
| 3428 | + | 104.22except that the client must receive an orientation to the new location's grievance procedure, |
|---|
| 3429 | + | 104.23program abuse prevention plan, and maltreatment of minor and vulnerable adults reporting |
|---|
| 3430 | + | 104.24procedures. |
|---|
| 3431 | + | 104.25Sec. 19. Minnesota Statutes 2024, section 245G.11, subdivision 11, is amended to read: |
|---|
| 3432 | + | 104.26 Subd. 11.Individuals with temporary permit.An individual with a temporary permit |
|---|
| 3433 | + | 104.27from the Board of Behavioral Health and Therapy may provide substance use disorder |
|---|
| 3434 | + | 104.28treatment service services and complete comprehensive assessments, individual treatment |
|---|
| 3435 | + | 104.29plans, treatment plan reviews, and service discharge summaries according to this subdivision |
|---|
| 3436 | + | 104.30if they meet the requirements of either paragraph (a) or (b). |
|---|
| 3437 | + | 104Article 5 Sec. 19. |
|---|
| 3438 | + | REVISOR EB/CH 25-0031102/20/25 105.1 (a) An individual with a temporary permit must be supervised by a licensed alcohol and |
|---|
| 3439 | + | 105.2drug counselor assigned by the license holder. The supervising licensed alcohol and drug |
|---|
| 3440 | + | 105.3counselor must document the amount and type of supervision provided at least on a weekly |
|---|
| 3441 | + | 105.4basis. The supervision must relate to the clinical practice. |
|---|
| 3442 | + | 105.5 (b) An individual with a temporary permit must be supervised by a clinical supervisor |
|---|
| 3443 | + | 105.6approved by the Board of Behavioral Health and Therapy. The supervision must be |
|---|
| 3444 | + | 105.7documented and meet the requirements of section 148F.04, subdivision 4. |
|---|
| 3445 | + | 105.8Sec. 20. Minnesota Statutes 2024, section 245G.18, subdivision 2, is amended to read: |
|---|
| 3446 | + | 105.9 Subd. 2.Alcohol and drug counselor qualifications.In addition to the requirements |
|---|
| 3447 | + | 105.10specified in section 245G.11, subdivisions 1 and 5, an alcohol and drug counselor providing |
|---|
| 3448 | + | 105.11treatment service to an adolescent must have: |
|---|
| 3449 | + | 105.12 (1) an additional 30 hours of training or classroom instruction or one three-credit semester |
|---|
| 3450 | + | 105.13college course in adolescent development. This The training, classroom instruction, or |
|---|
| 3451 | + | 105.14college course must be completed no later than six months after the counselor first provides |
|---|
| 3452 | + | 105.15treatment services to adolescents and need only be completed one time; and. The training |
|---|
| 3453 | + | 105.16must be interactive and must not consist only of reading information. An alcohol and drug |
|---|
| 3454 | + | 105.17counselor who is also qualified as a mental health professional under section 245I.04, |
|---|
| 3455 | + | 105.18subdivision 2, is exempt from the requirement in this subdivision. |
|---|
| 3456 | + | 105.19 (2) at least 150 hours of supervised experience as an adolescent counselor, either as a |
|---|
| 3457 | + | 105.20student or as a staff member. |
|---|
| 3458 | + | 105.21Sec. 21. Minnesota Statutes 2024, section 245G.19, subdivision 4, is amended to read: |
|---|
| 3459 | + | 105.22 Subd. 4.Additional licensing requirements.During the times the license holder is |
|---|
| 3460 | + | 105.23responsible for the supervision of a child, except for license holders described in subdivision |
|---|
| 3461 | + | 105.245, the license holder must meet the following standards: |
|---|
| 3462 | + | 105.25 (1) child and adult ratios in Minnesota Rules, part 9502.0367; |
|---|
| 3463 | + | 105.26 (2) day care training in section 142B.70; |
|---|
| 3464 | + | 105.27 (3) behavior guidance in Minnesota Rules, part 9502.0395; |
|---|
| 3465 | + | 105.28 (4) activities and equipment in Minnesota Rules, part 9502.0415; |
|---|
| 3466 | + | 105.29 (5) physical environment in Minnesota Rules, part 9502.0425; |
|---|
| 3467 | + | 105.30 (6) physical space requirements in section 142B.72; and |
|---|
| 3468 | + | 105Article 5 Sec. 21. |
|---|
| 3469 | + | REVISOR EB/CH 25-0031102/20/25 106.1 (7) water, food, and nutrition in Minnesota Rules, part 9502.0445, unless the license |
|---|
| 3470 | + | 106.2holder has a license from the Department of Health. |
|---|
| 3471 | + | 106.3Sec. 22. Minnesota Statutes 2024, section 245G.19, is amended by adding a subdivision |
|---|
| 3472 | + | 106.4to read: |
|---|
| 3473 | + | 106.5 Subd. 5.Child care license exemption.(a) License holders that only provide supervision |
|---|
| 3474 | + | 106.6of children for less than three hours a day while the child's parent is in the same building |
|---|
| 3475 | + | 106.7or contiguous building as allowed by the exclusion from licensure in section 245A.03, |
|---|
| 3476 | + | 106.8subdivision 2, paragraph (a), clause (6), are exempt from the requirements of subdivision |
|---|
| 3477 | + | 106.94, if the requirements of this subdivision are met. |
|---|
| 3478 | + | 106.10 (b) During the times the license holder is responsible for the supervision of the child, |
|---|
| 3479 | + | 106.11there must always be a staff member present that is responsible for supervising the child |
|---|
| 3480 | + | 106.12who is trained in cardiopulmonary resuscitation (CPR) and first aid. This staff person must |
|---|
| 3481 | + | 106.13be able to immediately contact the child's parent at all times. |
|---|
| 3482 | + | 106.14Sec. 23. Minnesota Statutes 2024, section 245G.22, subdivision 1, is amended to read: |
|---|
| 3483 | + | 106.15 Subdivision 1.Additional requirements.(a) An opioid treatment program licensed |
|---|
| 3484 | + | 106.16under this chapter must also: (1) comply with the requirements of this section and Code of |
|---|
| 3485 | + | 106.17Federal Regulations, title 42, part 8; (2) be registered as a narcotic treatment program with |
|---|
| 3486 | + | 106.18the Drug Enforcement Administration; (3) be accredited through an accreditation body |
|---|
| 3487 | + | 106.19approved by the Division of Pharmacologic Therapy of the Center for Substance Abuse |
|---|
| 3488 | + | 106.20Treatment; (4) be certified through the Division of Pharmacologic Therapy of the Center |
|---|
| 3489 | + | 106.21for Substance Abuse Treatment; and (5) hold a license from the Minnesota Board of |
|---|
| 3490 | + | 106.22Pharmacy or equivalent agency meet the requirements for dispensing by a practitioner in |
|---|
| 3491 | + | 106.23section 151.37, subdivision 2, and Minnesota Rules, parts 6800.9950 to 6800.9954. |
|---|
| 3492 | + | 106.24 (b) A license holder operating under the dispensing by practitioner requirements in |
|---|
| 3493 | + | 106.25section 151.37, subdivision 2, and Minnesota Rules, parts 6800.9950 to 6800.9954, must |
|---|
| 3494 | + | 106.26maintain documentation that the practitioner responsible for complying with the above |
|---|
| 3495 | + | 106.27statute and rules has signed a statement attesting that they are the practitioner responsible |
|---|
| 3496 | + | 106.28for complying with the applicable statutes and rules. If more than one person is responsible |
|---|
| 3497 | + | 106.29for compliance, all practitioners must sign a statement. |
|---|
| 3498 | + | 106.30 (b) (c) Where a standard in this section differs from a standard in an otherwise applicable |
|---|
| 3499 | + | 106.31administrative rule or statute, the standard of this section applies. |
|---|
| 3500 | + | 106Article 5 Sec. 23. |
|---|
| 3501 | + | REVISOR EB/CH 25-0031102/20/25 107.1Sec. 24. Minnesota Statutes 2024, section 245G.22, subdivision 14, is amended to read: |
|---|
| 3502 | + | 107.2 Subd. 14.Central registry.(a) A license holder must comply with requirements to |
|---|
| 3503 | + | 107.3submit information and necessary consents to the state central registry for each client |
|---|
| 3504 | + | 107.4admitted, as specified by the commissioner. The license holder must submit data concerning |
|---|
| 3505 | + | 107.5medication used for the treatment of opioid use disorder. The data must be submitted in a |
|---|
| 3506 | + | 107.6method determined by the commissioner and the original information must be kept in the |
|---|
| 3507 | + | 107.7client's record. The information must be submitted for each client at admission and discharge. |
|---|
| 3508 | + | 107.8The program must document the date the information was submitted. The client's failure to |
|---|
| 3509 | + | 107.9provide the information shall prohibit participation in an opioid treatment program. The |
|---|
| 3510 | + | 107.10information submitted must include the client's: |
|---|
| 3511 | + | 107.11 (1) full name and all aliases; |
|---|
| 3512 | + | 107.12 (2) date of admission; |
|---|
| 3513 | + | 107.13 (3) date of birth; |
|---|
| 3514 | + | 107.14 (4) Social Security number or Alien Registration Number, if any; and |
|---|
| 3515 | + | 107.15 (5) current or previous enrollment status in another opioid treatment program;. |
|---|
| 3516 | + | 107.16 (6) government-issued photo identification card number; and |
|---|
| 3517 | + | 107.17 (7) driver's license number, if any. |
|---|
| 3518 | + | 107.18 (b) The requirements in paragraph (a) are effective upon the commissioner's |
|---|
| 3519 | + | 107.19implementation of changes to the drug and alcohol abuse normative evaluation system or |
|---|
| 3520 | + | 107.20development of an electronic system by which to submit the data. |
|---|
| 3521 | + | 107.21Sec. 25. Minnesota Statutes 2024, section 245G.22, subdivision 15, is amended to read: |
|---|
| 3522 | + | 107.22 Subd. 15.Nonmedication treatment services; documentation.(a) The program must |
|---|
| 3523 | + | 107.23offer at least 50 consecutive minutes of individual or group therapy treatment services as |
|---|
| 3524 | + | 107.24defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first |
|---|
| 3525 | + | 107.25ten weeks following the day of service initiation, and at least 50 consecutive minutes per |
|---|
| 3526 | + | 107.26month thereafter. As clinically appropriate, the program may offer these services cumulatively |
|---|
| 3527 | + | 107.27and not consecutively in increments of no less than 15 minutes over the required time period, |
|---|
| 3528 | + | 107.28and for a total of 60 minutes of treatment services over the time period, and must document |
|---|
| 3529 | + | 107.29the reason for providing services cumulatively in the client's record. The program may offer |
|---|
| 3530 | + | 107.30additional levels of service when deemed clinically necessary. |
|---|
| 3531 | + | 107.31 (b) The ten-week time frame may include a client's previous time at another opioid |
|---|
| 3532 | + | 107.32treatment program licensed in Minnesota under this section if: |
|---|
| 3533 | + | 107Article 5 Sec. 25. |
|---|
| 3534 | + | REVISOR EB/CH 25-0031102/20/25 108.1 (1) the client was enrolled in the other opioid treatment program immediately prior to |
|---|
| 3535 | + | 108.2admission to the license holder's program; |
|---|
| 3536 | + | 108.3 (2) the client did not miss taking a daily dose of medication to treat an opioid use disorder; |
|---|
| 3537 | + | 108.4and |
|---|
| 3538 | + | 108.5 (3) the license holder obtains from the previous opioid treatment program the client's |
|---|
| 3539 | + | 108.6number of days in comprehensive maintenance treatment, discharge summary, amount of |
|---|
| 3540 | + | 108.7daily milligram dose of medication for opioid use disorder, and previous three drug abuse |
|---|
| 3541 | + | 108.8test results. |
|---|
| 3542 | + | 108.9 (b) (c) Notwithstanding the requirements of comprehensive assessments in section |
|---|
| 3543 | + | 108.10245G.05, the assessment must be completed within 21 days from the day of service initiation. |
|---|
| 3544 | + | 108.11Sec. 26. Minnesota Statutes 2024, section 256.98, subdivision 1, is amended to read: |
|---|
| 3545 | + | 108.12 Subdivision 1.Wrongfully obtaining assistance.(a) A person who commits any of the |
|---|
| 3546 | + | 108.13following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897, |
|---|
| 3547 | + | 108.14the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC program |
|---|
| 3548 | + | 108.15formerly codified in sections 256.72 to 256.871, chapter 142G, 256B, 256D, 256I, 256K, |
|---|
| 3549 | + | 108.16or 256L, child care assistance programs, and emergency assistance programs under section |
|---|
| 3550 | + | 108.17256D.06, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses |
|---|
| 3551 | + | 108.18(1) to (5): |
|---|
| 3552 | + | 108.19 (1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a |
|---|
| 3553 | + | 108.20willfully false statement or representation, by intentional concealment of any material fact, |
|---|
| 3554 | + | 108.21or by impersonation or other fraudulent device, assistance or the continued receipt of |
|---|
| 3555 | + | 108.22assistance, to include child care assistance or food benefits produced according to sections |
|---|
| 3556 | + | 108.23145.891 to 145.897 and MinnesotaCare services according to sections 256.9365, 256.94, |
|---|
| 3557 | + | 108.24and 256L.01 to 256L.15, to which the person is not entitled or assistance greater than that |
|---|
| 3558 | + | 108.25to which the person is entitled; |
|---|
| 3559 | + | 108.26 (2) knowingly aids or abets in buying or in any way disposing of the property of a |
|---|
| 3560 | + | 108.27recipient or applicant of assistance without the consent of the county agency; or |
|---|
| 3561 | + | 108.28 (3) obtains or attempts to obtain, alone or in collusion with others, the receipt of payments |
|---|
| 3562 | + | 108.29to which the individual is not entitled as a provider of subsidized child care, or by furnishing |
|---|
| 3563 | + | 108.30or concurring in receiving or providing any prohibited payment, as defined in section |
|---|
| 3564 | + | 108.31609.542, subdivision 2, including a kickback, or by submitting or aiding or abetting the |
|---|
| 3565 | + | 108.32submission of a willfully false claim for child care assistance. |
|---|
| 3566 | + | 108Article 5 Sec. 26. |
|---|
| 3567 | + | REVISOR EB/CH 25-0031102/20/25 109.1 (b) The continued receipt of assistance to which the person is not entitled or greater than |
|---|
| 3568 | + | 109.2that to which the person is entitled as a result of any of the acts, failure to act, or concealment |
|---|
| 3569 | + | 109.3described in this subdivision shall be deemed to be continuing offenses from the date that |
|---|
| 3570 | + | 109.4the first act or failure to act occurred. |
|---|
| 3571 | + | 109.5Sec. 27. Minnesota Statutes 2024, section 256B.12, is amended to read: |
|---|
| 3572 | + | 109.6 256B.12 LEGAL REPRESENTATION. |
|---|
| 3573 | + | 109.7 The attorney general or the appropriate county attorney appearing at the direction of the |
|---|
| 3574 | + | 109.8attorney general shall be the attorney for the state agency, and the county attorney of the |
|---|
| 3575 | + | 109.9appropriate county shall be the attorney for the local agency in all matters pertaining hereto. |
|---|
| 3576 | + | 109.10To prosecute under this chapter or sections 609.466 and, 609.52, subdivision 2, and 609.542 |
|---|
| 3577 | + | 109.11or to recover payments wrongfully made under this chapter, the attorney general or the |
|---|
| 3578 | + | 109.12appropriate county attorney, acting independently or at the direction of the attorney general |
|---|
| 3579 | + | 109.13may institute a criminal or civil action. |
|---|
| 3580 | + | 109.14Sec. 28. Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read: |
|---|
| 3581 | + | 109.15 Subdivision 1.Definitions.(a) For purposes of this section and section 480.45, the |
|---|
| 3582 | + | 109.16following terms have the meanings given. |
|---|
| 3583 | + | 109.17 (b) "Judicial official" means: |
|---|
| 3584 | + | 109.18 (1) every Minnesota district court judge, senior judge, retired judge, and every judge of |
|---|
| 3585 | + | 109.19the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge |
|---|
| 3586 | + | 109.20who resides in Minnesota; |
|---|
| 3587 | + | 109.21 (2) a justice of the Minnesota Supreme Court; |
|---|
| 3588 | + | 109.22 (3) employees of the Minnesota judicial branch; |
|---|
| 3589 | + | 109.23 (4) judicial referees and magistrate judges; and |
|---|
| 3590 | + | 109.24 (5) current and retired judges and current employees of the Office of Administrative |
|---|
| 3591 | + | 109.25Hearings, Department of Human Services Appeals Division, Workers' Compensation Court |
|---|
| 3592 | + | 109.26of Appeals, and Tax Court. |
|---|
| 3593 | + | 109.27 (c) "Personal information" does not include publicly available information. Personal |
|---|
| 3594 | + | 109.28information means: |
|---|
| 3595 | + | 109.29 (1) a residential address of a judicial official; |
|---|
| 3596 | + | 109.30 (2) a residential address of the spouse, domestic partner, or children of a judicial official; |
|---|
| 3597 | + | 109Article 5 Sec. 28. |
|---|
| 3598 | + | REVISOR EB/CH 25-0031102/20/25 110.1 (3) a nonjudicial branch issued telephone number or email address of a judicial official; |
|---|
| 3599 | + | 110.2 (4) the name of any child of a judicial official; and |
|---|
| 3600 | + | 110.3 (5) the name of any child care facility or school that is attended by a child of a judicial |
|---|
| 3601 | + | 110.4official if combined with an assertion that the named facility or school is attended by the |
|---|
| 3602 | + | 110.5child of a judicial official. |
|---|
| 3603 | + | 110.6 (d) "Publicly available information" means information that is lawfully made available |
|---|
| 3604 | + | 110.7through federal, state, or local government records or information that a business has a |
|---|
| 3605 | + | 110.8reasonable basis to believe is lawfully made available to the general public through widely |
|---|
| 3606 | + | 110.9distributed media, by a judicial official, or by a person to whom the judicial official has |
|---|
| 3607 | + | 110.10disclosed the information, unless the judicial official has restricted the information to a |
|---|
| 3608 | + | 110.11specific audience. |
|---|
| 3609 | + | 110.12 (e) "Law enforcement support organizations" do not include charitable organizations. |
|---|
| 3610 | + | 110.13 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 3611 | + | 110.14Sec. 29. [609.542] HUMAN SERVICES PROGRAMS CRIMES. |
|---|
| 3612 | + | 110.15 Subdivision 1.Definition.For purposes of this section, "federal health care program" |
|---|
| 3613 | + | 110.16has the meaning given in United States Code, title 42, section 1320a-7b(f). |
|---|
| 3614 | + | 110.17 Subd. 2.Prohibited payments made relating to human services programs.A person |
|---|
| 3615 | + | 110.18is guilty of a crime and may be sentenced as provided in subdivision 5 if the person |
|---|
| 3616 | + | 110.19intentionally offers or pays any remuneration, including any kickback, bribe, or rebate, |
|---|
| 3617 | + | 110.20directly or indirectly, overtly or covertly, in cash or in kind, to another person: |
|---|
| 3618 | + | 110.21 (1) to induce that person to apply for, receive, or induce another person to apply for or |
|---|
| 3619 | + | 110.22receive an item or service for which payment may be made in whole or in part under a |
|---|
| 3620 | + | 110.23federal health care program, state behavioral health program under section 254B.04, or |
|---|
| 3621 | + | 110.24family program under chapter 142E; or |
|---|
| 3622 | + | 110.25 (2) in return for purchasing, leasing, ordering, or arranging for or inducing the purchasing, |
|---|
| 3623 | + | 110.26leasing, or ordering of any good, facility, service, or item for which payment may be made |
|---|
| 3624 | + | 110.27in whole or in part, or which is administered in whole or in part under a federal health care |
|---|
| 3625 | + | 110.28program, state behavioral health program under section 254B.04, or family program under |
|---|
| 3626 | + | 110.29chapter 142E. |
|---|
| 3627 | + | 110.30 Subd. 3.Receipt of prohibited payments relating to human services programs.A |
|---|
| 3628 | + | 110.31person is guilty of a crime and may be sentenced as provided in subdivision 5 if the person |
|---|
| 3629 | + | 110Article 5 Sec. 29. |
|---|
| 3630 | + | REVISOR EB/CH 25-0031102/20/25 111.1intentionally solicits or receives any remuneration, including any kickback, bribe, or rebate, |
|---|
| 3631 | + | 111.2directly or indirectly, overtly or covertly, in cash or in kind: |
|---|
| 3632 | + | 111.3 (1) in return for applying for or receiving a human services benefit, service, or grant for |
|---|
| 3633 | + | 111.4which payment may be made in whole or in part under a federal health care program, state |
|---|
| 3634 | + | 111.5behavioral health program under section 254B.04, or family program under chapter 142E; |
|---|
| 3635 | + | 111.6or |
|---|
| 3636 | + | 111.7 (2) in return for purchasing, leasing, ordering, or arranging for or inducing the purchasing, |
|---|
| 3637 | + | 111.8leasing, or ordering of any good, facility, service, or item for which payment may be made |
|---|
| 3638 | + | 111.9in whole or in part under a federal health care program, state behavioral health program |
|---|
| 3639 | + | 111.10under section 254B.04, or family program under chapter 142E. |
|---|
| 3640 | + | 111.11 Subd. 4.Exemptions.(a) This section does not apply to remuneration exempted under |
|---|
| 3641 | + | 111.12the Anti-Kickback Statute, United States Code, title 42, section 1320a-7b(b)(3), or payment |
|---|
| 3642 | + | 111.13made under a federal health care program which is exempt from liability by United States |
|---|
| 3643 | + | 111.14Code, title 42, section 1001.952. |
|---|
| 3644 | + | 111.15 (b) This section does not apply to: |
|---|
| 3645 | + | 111.16 (1) any amount paid by an employer to a bona fide employee for providing covered |
|---|
| 3646 | + | 111.17items or services under chapter 142E while acting in the course and scope of employment; |
|---|
| 3647 | + | 111.18or |
|---|
| 3648 | + | 111.19 (2) child care provider discounts, scholarships, or other financial assistance to families |
|---|
| 3649 | + | 111.20allowed under section 142E.17, subdivision 7. |
|---|
| 3650 | + | 111.21 Subd. 5.Sentence.(a) A person convicted under subdivision 2 or 3 may be sentenced |
|---|
| 3651 | + | 111.22pursuant to section 609.52, subdivision 3. |
|---|
| 3652 | + | 111.23 (b) For purposes of sentencing a violation of subdivision 2, "value" means the fair market |
|---|
| 3653 | + | 111.24value of the good, facility, service, or item that was obtained as a direct or indirect result |
|---|
| 3654 | + | 111.25of the prohibited payment. |
|---|
| 3655 | + | 111.26 (c) For purposes of sentencing a violation of subdivision 3, "value" means the amount |
|---|
| 3656 | + | 111.27of the prohibited payment solicited or received. |
|---|
| 3657 | + | 111.28 (d) As a matter of law, a claim for any good, facility, service, or item rendered or claimed |
|---|
| 3658 | + | 111.29to have been rendered in violation of this section is noncompensable and unenforceable at |
|---|
| 3659 | + | 111.30the time the claim is made. |
|---|
| 3660 | + | 111.31 Subd. 6.Aggregation.In a prosecution under this section, the value of the money, |
|---|
| 3661 | + | 111.32property, or benefit received or solicited by the defendant within a six-month period may |
|---|
| 3662 | + | 111Article 5 Sec. 29. |
|---|
| 3663 | + | REVISOR EB/CH 25-0031102/20/25 112.1be aggregated and the defendant charged accordingly in applying the provisions of |
|---|
| 3664 | + | 112.2subdivision 5. |
|---|
| 3665 | + | 112.3 Subd. 7.False claims.In addition to the penalties provided for in this section, a claim, |
|---|
| 3666 | + | 112.4as defined in section 15C.01, subdivision 2, that includes items or services resulting from |
|---|
| 3667 | + | 112.5a violation of this section constitutes a false or fraudulent claim for purposes of section |
|---|
| 3668 | + | 112.615C.02. |
|---|
| 3669 | + | 112.7 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
|---|
| 3670 | + | 112.8committed on or after that date. |
|---|
| 3671 | + | 112.9Sec. 30. MODIFICATION OF DEFINITIONS. |
|---|
| 3672 | + | 112.10 For the purposes of implementing the provider licensing and reporting hub, the |
|---|
| 3673 | + | 112.11commissioner of human services may modify definitions in Minnesota Statutes, chapters |
|---|
| 3674 | + | 112.12142B, 245A, 245D, 245F, 245G, and 245I, and Minnesota Rules, chapters 2960, 9502, |
|---|
| 3675 | + | 112.139520, 9530, 9543, 9555, and 9570. Definitions changed pursuant to this section do not affect |
|---|
| 3676 | + | 112.14the rights, responsibilities, or duties of the commissioner; the Department of Human Services; |
|---|
| 3677 | + | 112.15programs administered, licensed, certified, or funded by the commissioner; or the programs' |
|---|
| 3678 | + | 112.16employees or clients. This section expires August 31, 2028. |
|---|
| 3679 | + | 112.17Sec. 31. REPEALER. |
|---|
| 3680 | + | 112.18 Minnesota Statutes 2024, section 245A.11, subdivision 8, is repealed. |
|---|
| 3681 | + | 112.19 EFFECTIVE DATE.This section is effective August 1, 2025. |
|---|
| 3682 | + | 112.20 ARTICLE 6 |
|---|
| 3683 | + | 112.21 CHILDREN AND FAMILIES OFFICE OF THE INSPECTOR GENERAL |
|---|
| 3684 | + | 112.22Section 1. Minnesota Statutes 2024, section 142B.10, subdivision 14, is amended to read: |
|---|
| 3685 | + | 112.23 Subd. 14.Grant of license; license extension.(a) If the commissioner determines that |
|---|
| 3686 | + | 112.24the program complies with all applicable rules and laws, the commissioner shall issue a |
|---|
| 3687 | + | 112.25license consistent with this section or, if applicable, a temporary change of ownership license |
|---|
| 3688 | + | 112.26under section 142B.11. At minimum, the license shall state: |
|---|
| 3689 | + | 112.27 (1) the name of the license holder; |
|---|
| 3690 | + | 112.28 (2) the address of the program; |
|---|
| 3691 | + | 112.29 (3) the effective date and expiration date of the license; |
|---|
| 3692 | + | 112.30 (4) the type of license; |
|---|
| 3693 | + | 112Article 6 Section 1. |
|---|
| 3694 | + | REVISOR EB/CH 25-0031102/20/25 113.1 (5) the maximum number and ages of persons that may receive services from the program; |
|---|
| 3695 | + | 113.2and |
|---|
| 3696 | + | 113.3 (6) any special conditions of licensure. |
|---|
| 3697 | + | 113.4 (b) The commissioner may issue a license for a period not to exceed two years if: |
|---|
| 3698 | + | 113.5 (1) the commissioner is unable to conduct the observation required by subdivision 11, |
|---|
| 3699 | + | 113.6paragraph (a), clause (3), because the program is not yet operational; |
|---|
| 3700 | + | 113.7 (2) certain records and documents are not available because persons are not yet receiving |
|---|
| 3701 | + | 113.8services from the program; and |
|---|
| 3702 | + | 113.9 (3) the applicant complies with applicable laws and rules in all other respects. |
|---|
| 3703 | + | 113.10 (c) A decision by the commissioner to issue a license does not guarantee that any person |
|---|
| 3704 | + | 113.11or persons will be placed or cared for in the licensed program. |
|---|
| 3705 | + | 113.12 (d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a |
|---|
| 3706 | + | 113.13license if the applicant, license holder, or an affiliated controlling individual has: |
|---|
| 3707 | + | 113.14 (1) been disqualified and the disqualification was not set aside and no variance has been |
|---|
| 3708 | + | 113.15granted; |
|---|
| 3709 | + | 113.16 (2) been denied a license under this chapter or chapter 245A within the past two years; |
|---|
| 3710 | + | 113.17 (3) had a license issued under this chapter or chapter 245A revoked within the past five |
|---|
| 3711 | + | 113.18years; or |
|---|
| 3712 | + | 113.19 (4) failed to submit the information required of an applicant under subdivision 1, |
|---|
| 3713 | + | 113.20paragraph (f), (g), or (h), after being requested by the commissioner. |
|---|
| 3714 | + | 113.21 When a license issued under this chapter or chapter 245A is revoked, the license holder |
|---|
| 3715 | + | 113.22and each affiliated controlling individual with a revoked license may not hold any license |
|---|
| 3716 | + | 113.23under chapter 142B for five years following the revocation, and other licenses held by the |
|---|
| 3717 | + | 113.24applicant or license holder or licenses affiliated with each controlling individual shall also |
|---|
| 3718 | + | 113.25be revoked. |
|---|
| 3719 | + | 113.26 (e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license |
|---|
| 3720 | + | 113.27affiliated with a license holder or controlling individual that had a license revoked within |
|---|
| 3721 | + | 113.28the past five years if the commissioner determines that (1) the license holder or controlling |
|---|
| 3722 | + | 113.29individual is operating the program in substantial compliance with applicable laws and rules |
|---|
| 3723 | + | 113.30and (2) the program's continued operation is in the best interests of the community being |
|---|
| 3724 | + | 113.31served. |
|---|
| 3725 | + | 113Article 6 Section 1. |
|---|
| 3726 | + | REVISOR EB/CH 25-0031102/20/25 114.1 (f) Notwithstanding paragraph (d), the commissioner may issue a new license in response |
|---|
| 3727 | + | 114.2to an application that is affiliated with an applicant, license holder, or controlling individual |
|---|
| 3728 | + | 114.3that had an application denied within the past two years or a license revoked within the past |
|---|
| 3729 | + | 114.4five years if the commissioner determines that (1) the applicant or controlling individual |
|---|
| 3730 | + | 114.5has operated one or more programs in substantial compliance with applicable laws and rules |
|---|
| 3731 | + | 114.6and (2) the program's operation would be in the best interests of the community to be served. |
|---|
| 3732 | + | 114.7 (g) In determining whether a program's operation would be in the best interests of the |
|---|
| 3733 | + | 114.8community to be served, the commissioner shall consider factors such as the number of |
|---|
| 3734 | + | 114.9persons served, the availability of alternative services available in the surrounding |
|---|
| 3735 | + | 114.10community, the management structure of the program, whether the program provides |
|---|
| 3736 | + | 114.11culturally specific services, and other relevant factors. |
|---|
| 3737 | + | 114.12 (h) The commissioner shall not issue or reissue a license under this chapter if an individual |
|---|
| 3738 | + | 114.13living in the household where the services will be provided as specified under section |
|---|
| 3739 | + | 114.14245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside |
|---|
| 3740 | + | 114.15and no variance has been granted. |
|---|
| 3741 | + | 114.16 (i) Pursuant to section 142B.18, subdivision 1, paragraph (b), when a license issued |
|---|
| 3742 | + | 114.17under this chapter has been suspended or revoked and the suspension or revocation is under |
|---|
| 3743 | + | 114.18appeal, the program may continue to operate pending a final order from the commissioner. |
|---|
| 3744 | + | 114.19If the license under suspension or revocation will expire before a final order is issued, a |
|---|
| 3745 | + | 114.20temporary provisional license may be issued provided any applicable license fee is paid |
|---|
| 3746 | + | 114.21before the temporary provisional license is issued. |
|---|
| 3747 | + | 114.22 (j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of |
|---|
| 3748 | + | 114.23a controlling individual or license holder, and the controlling individual or license holder |
|---|
| 3749 | + | 114.24is ordered under section 245C.17 to be immediately removed from direct contact with |
|---|
| 3750 | + | 114.25persons receiving services or is ordered to be under continuous, direct supervision when |
|---|
| 3751 | + | 114.26providing direct contact services, the program may continue to operate only if the program |
|---|
| 3752 | + | 114.27complies with the order and submits documentation demonstrating compliance with the |
|---|
| 3753 | + | 114.28order. If the disqualified individual fails to submit a timely request for reconsideration, or |
|---|
| 3754 | + | 114.29if the disqualification is not set aside and no variance is granted, the order to immediately |
|---|
| 3755 | + | 114.30remove the individual from direct contact or to be under continuous, direct supervision |
|---|
| 3756 | + | 114.31remains in effect pending the outcome of a hearing and final order from the commissioner. |
|---|
| 3757 | + | 114.32 (k) For purposes of reimbursement for meals only, under the Child and Adult Care Food |
|---|
| 3758 | + | 114.33Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226, |
|---|
| 3759 | + | 114.34relocation within the same county by a licensed family day care provider, shall be considered |
|---|
| 3760 | + | 114Article 6 Section 1. |
|---|
| 3761 | + | REVISOR EB/CH 25-0031102/20/25 115.1an extension of the license for a period of no more than 30 calendar days or until the new |
|---|
| 3762 | + | 115.2license is issued, whichever occurs first, provided the county agency has determined the |
|---|
| 3763 | + | 115.3family day care provider meets licensure requirements at the new location. |
|---|
| 3764 | + | 115.4 (l) Unless otherwise specified by statute, all licenses issued under this chapter expire at |
|---|
| 3765 | + | 115.512:01 a.m. on the day after the expiration date stated on the license. A license holder must |
|---|
| 3766 | + | 115.6apply for and be granted comply with the requirements in section 142B.12 and be reissued |
|---|
| 3767 | + | 115.7a new license to operate the program or the program must not be operated after the expiration |
|---|
| 3768 | + | 115.8date. Child foster care license holders must apply for and be granted a new license to operate |
|---|
| 3769 | + | 115.9the program or the program must not be operated after the expiration date. Upon |
|---|
| 3770 | + | 115.10implementation of the provider licensing and reporting hub, licenses may be issued each |
|---|
| 3771 | + | 115.11calendar year. |
|---|
| 3772 | + | 115.12 (m) The commissioner shall not issue or reissue a license under this chapter if it has |
|---|
| 3773 | + | 115.13been determined that a tribal licensing authority has established jurisdiction to license the |
|---|
| 3774 | + | 115.14program or service. |
|---|
| 3775 | + | 115.15 (n) The commissioner of children, youth, and families shall coordinate and share data |
|---|
| 3776 | + | 115.16with the commissioner of human services to enforce this section. |
|---|
| 3777 | + | 115.17Sec. 2. Minnesota Statutes 2024, section 142B.30, subdivision 1, is amended to read: |
|---|
| 3778 | + | 115.18 Subdivision 1.Delegation of authority to agencies.(a) County agencies and private |
|---|
| 3779 | + | 115.19agencies that have been designated or licensed by the commissioner to perform licensing |
|---|
| 3780 | + | 115.20functions and activities under section 142B.10; to recommend denial of applicants under |
|---|
| 3781 | + | 115.21section 142B.15; to issue correction orders, to issue variances, and to recommend a |
|---|
| 3782 | + | 115.22conditional license under section 142B.16; or to recommend suspending or revoking a |
|---|
| 3783 | + | 115.23license or issuing a fine under section 142B.18, shall comply with rules and directives of |
|---|
| 3784 | + | 115.24the commissioner governing those functions and with this section. The following variances |
|---|
| 3785 | + | 115.25are excluded from the delegation of variance authority and may be issued only by the |
|---|
| 3786 | + | 115.26commissioner: |
|---|
| 3787 | + | 115.27 (1) dual licensure of family child care and family child foster care; |
|---|
| 3788 | + | 115.28 (2) child foster care maximum age requirement; |
|---|
| 3789 | + | 115.29 (3) variances regarding disqualified individuals; |
|---|
| 3790 | + | 115.30 (4) variances to requirements relating to chemical use problems of a license holder or a |
|---|
| 3791 | + | 115.31household member of a license holder; and |
|---|
| 3792 | + | 115Article 6 Sec. 2. |
|---|
| 3793 | + | REVISOR EB/CH 25-0031102/20/25 116.1 (5) variances to section 142B.74 for a time-limited period. If the commissioner grants |
|---|
| 3794 | + | 116.2a variance under this clause, the license holder must provide notice of the variance to all |
|---|
| 3795 | + | 116.3parents and guardians of the children in care. |
|---|
| 3796 | + | 116.4 (b) The commissioners of human services and children, youth, and families must both |
|---|
| 3797 | + | 116.5approve a variance for dual licensure of family child foster care and family adult foster care |
|---|
| 3798 | + | 116.6or family adult foster care and family child care. Variances under this paragraph are excluded |
|---|
| 3799 | + | 116.7from the delegation of variance authority and may be issued only by both commissioners. |
|---|
| 3800 | + | 116.8 (c) Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency |
|---|
| 3801 | + | 116.9must not grant a license holder a variance to exceed the maximum allowable family child |
|---|
| 3802 | + | 116.10care license capacity of 14 children. |
|---|
| 3803 | + | 116.11 (d) A county agency that has been designated by the commissioner to issue family child |
|---|
| 3804 | + | 116.12care variances must: |
|---|
| 3805 | + | 116.13 (1) publish the county agency's policies and criteria for issuing variances on the county's |
|---|
| 3806 | + | 116.14public website and update the policies as necessary; and |
|---|
| 3807 | + | 116.15 (2) annually distribute the county agency's policies and criteria for issuing variances to |
|---|
| 3808 | + | 116.16all family child care license holders in the county. |
|---|
| 3809 | + | 116.17 (e) Before the implementation of NETStudy 2.0, county agencies must report information |
|---|
| 3810 | + | 116.18about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision |
|---|
| 3811 | + | 116.192, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the |
|---|
| 3812 | + | 116.20commissioner at least monthly in a format prescribed by the commissioner. |
|---|
| 3813 | + | 116.21 (f) For family child care programs, the commissioner shall require a county agency to |
|---|
| 3814 | + | 116.22conduct one unannounced licensing review at least annually. |
|---|
| 3815 | + | 116.23 (g) A child foster care license issued under this section may be issued for up to two years |
|---|
| 3816 | + | 116.24until implementation of the provider licensing and reporting hub. Upon implementation of |
|---|
| 3817 | + | 116.25the provider licensing and reporting hub, licenses may be issued each calendar year. |
|---|
| 3818 | + | 116.26 (h) A county agency shall report to the commissioner, in a manner prescribed by the |
|---|
| 3819 | + | 116.27commissioner, the following information for a licensed family child care program: |
|---|
| 3820 | + | 116.28 (1) the results of each licensing review completed, including the date of the review, and |
|---|
| 3821 | + | 116.29any licensing correction order issued; |
|---|
| 3822 | + | 116.30 (2) any death, serious injury, or determination of substantiated maltreatment; and |
|---|
| 3823 | + | 116Article 6 Sec. 2. |
|---|
| 3824 | + | REVISOR EB/CH 25-0031102/20/25 117.1 (3) any fires that require the service of a fire department within 48 hours of the fire. The |
|---|
| 3825 | + | 117.2information under this clause must also be reported to the state fire marshal within two |
|---|
| 3826 | + | 117.3business days of receiving notice from a licensed family child care provider. |
|---|
| 3827 | + | 117.4Sec. 3. Minnesota Statutes 2024, section 142B.51, subdivision 2, is amended to read: |
|---|
| 3828 | + | 117.5 Subd. 2.Child passenger restraint systems; training requirement.(a) Programs |
|---|
| 3829 | + | 117.6licensed by the Department of Human Services under chapter 245A or the Department of |
|---|
| 3830 | + | 117.7Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that |
|---|
| 3831 | + | 117.8serve a child or children under eight nine years of age must document training that fulfills |
|---|
| 3832 | + | 117.9the requirements in this subdivision. |
|---|
| 3833 | + | 117.10 (b) Before a license holder, staff person, or caregiver transports a child or children under |
|---|
| 3834 | + | 117.11age eight nine in a motor vehicle, the person transporting the child must satisfactorily |
|---|
| 3835 | + | 117.12complete training on the proper use and installation of child restraint systems in motor |
|---|
| 3836 | + | 117.13vehicles. Training completed under this section may be used to meet initial or ongoing |
|---|
| 3837 | + | 117.14training under Minnesota Rules, part 2960.3070, subparts 1 and 2. |
|---|
| 3838 | + | 117.15 (c) Training required under this section must be completed at orientation or initial training |
|---|
| 3839 | + | 117.16and repeated at least once every five years. At a minimum, the training must address the |
|---|
| 3840 | + | 117.17proper use of child restraint systems based on the child's size, weight, and age, and the |
|---|
| 3841 | + | 117.18proper installation of a car seat or booster seat in the motor vehicle used by the license |
|---|
| 3842 | + | 117.19holder to transport the child or children. |
|---|
| 3843 | + | 117.20 (d) Training under paragraph (c) must be provided by individuals who are certified and |
|---|
| 3844 | + | 117.21approved by the Office of Traffic Safety within the Department of Public Safety. License |
|---|
| 3845 | + | 117.22holders may obtain a list of certified and approved trainers through the Department of Public |
|---|
| 3846 | + | 117.23Safety website or by contacting the agency. |
|---|
| 3847 | + | 117.24 (e) Notwithstanding paragraph (a), for an emergency relative placement under section |
|---|
| 3848 | + | 117.25142B.06, the commissioner may grant a variance to the training required by this subdivision |
|---|
| 3849 | + | 117.26for a relative who completes a child seat safety check up. The child seat safety check up |
|---|
| 3850 | + | 117.27trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and |
|---|
| 3851 | + | 117.28must provide one-on-one instruction on placing a child of a specific age in the exact child |
|---|
| 3852 | + | 117.29passenger restraint in the motor vehicle in which the child will be transported. Once granted |
|---|
| 3853 | + | 117.30a variance, and if all other licensing requirements are met, the relative applicant may receive |
|---|
| 3854 | + | 117.31a license and may transport a relative foster child younger than eight years of age. A child |
|---|
| 3855 | + | 117.32seat safety check up must be completed each time a child requires a different size car seat |
|---|
| 3856 | + | 117.33according to car seat and vehicle manufacturer guidelines. A relative license holder must |
|---|
| 3857 | + | 117.34complete training that meets the other requirements of this subdivision prior to placement |
|---|
| 3858 | + | 117Article 6 Sec. 3. |
|---|
| 3859 | + | REVISOR EB/CH 25-0031102/20/25 118.1of another foster child younger than eight years of age in the home or prior to the renewal |
|---|
| 3860 | + | 118.2of the child foster care license. |
|---|
| 3861 | + | 118.3 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 3862 | + | 118.4Sec. 4. Minnesota Statutes 2024, section 142B.65, subdivision 8, is amended to read: |
|---|
| 3863 | + | 118.5 Subd. 8.Child passenger restraint systems; training requirement.(a) Before a license |
|---|
| 3864 | + | 118.6holder transports a child or children under age eight nine in a motor vehicle, the person |
|---|
| 3865 | + | 118.7placing the child or children in a passenger restraint must satisfactorily complete training |
|---|
| 3866 | + | 118.8on the proper use and installation of child restraint systems in motor vehicles. |
|---|
| 3867 | + | 118.9 (b) Training required under this subdivision must be repeated at least once every five |
|---|
| 3868 | + | 118.10years. At a minimum, the training must address the proper use of child restraint systems |
|---|
| 3869 | + | 118.11based on the child's size, weight, and age, and the proper installation of a car seat or booster |
|---|
| 3870 | + | 118.12seat in the motor vehicle used by the license holder to transport the child or children. |
|---|
| 3871 | + | 118.13 (c) Training required under this subdivision must be provided by individuals who are |
|---|
| 3872 | + | 118.14certified and approved by the Department of Public Safety, Office of Traffic Safety. License |
|---|
| 3873 | + | 118.15holders may obtain a list of certified and approved trainers through the Department of Public |
|---|
| 3874 | + | 118.16Safety website or by contacting the agency. |
|---|
| 3875 | + | 118.17 (d) Child care providers that only transport school-age children as defined in section |
|---|
| 3876 | + | 118.18142B.01, subdivision 25, in child care buses as defined in section 169.448, subdivision 1, |
|---|
| 3877 | + | 118.19paragraph (e), are exempt from this subdivision. |
|---|
| 3878 | + | 118.20 (e) Training completed under this subdivision may be used to meet in-service training |
|---|
| 3879 | + | 118.21requirements under subdivision 9. Training completed within the previous five years is |
|---|
| 3880 | + | 118.22transferable upon a staff person's change in employment to another child care center. |
|---|
| 3881 | + | 118.23 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 3882 | + | 118.24Sec. 5. Minnesota Statutes 2024, section 142B.66, subdivision 3, is amended to read: |
|---|
| 3883 | + | 118.25 Subd. 3.Emergency preparedness.(a) A licensed child care center must have a written |
|---|
| 3884 | + | 118.26emergency plan for emergencies that require evacuation, sheltering, or other protection of |
|---|
| 3885 | + | 118.27a child, such as fire, natural disaster, intruder, or other threatening situation that may pose |
|---|
| 3886 | + | 118.28a health or safety hazard to a child. The plan must be written on a form developed by the |
|---|
| 3887 | + | 118.29commissioner and must include: |
|---|
| 3888 | + | 118.30 (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown; |
|---|
| 3889 | + | 118.31 (2) a designated relocation site and evacuation route; |
|---|
| 3890 | + | 118Article 6 Sec. 5. |
|---|
| 3891 | + | REVISOR EB/CH 25-0031102/20/25 119.1 (3) procedures for notifying a child's parent or legal guardian of the evacuation, relocation, |
|---|
| 3892 | + | 119.2shelter-in-place, or lockdown, including procedures for reunification with families; |
|---|
| 3893 | + | 119.3 (4) accommodations for a child with a disability or a chronic medical condition; |
|---|
| 3894 | + | 119.4 (5) procedures for storing a child's medically necessary medicine that facilitates easy |
|---|
| 3895 | + | 119.5removal during an evacuation or relocation; |
|---|
| 3896 | + | 119.6 (6) procedures for continuing operations in the period during and after a crisis; |
|---|
| 3897 | + | 119.7 (7) procedures for communicating with local emergency management officials, law |
|---|
| 3898 | + | 119.8enforcement officials, or other appropriate state or local authorities; and |
|---|
| 3899 | + | 119.9 (8) accommodations for infants and toddlers. |
|---|
| 3900 | + | 119.10 (b) The license holder must train staff persons on the emergency plan at orientation, |
|---|
| 3901 | + | 119.11when changes are made to the plan, and at least once each calendar year. Training must be |
|---|
| 3902 | + | 119.12documented in each staff person's personnel file. |
|---|
| 3903 | + | 119.13 (c) The license holder must conduct drills according to the requirements in Minnesota |
|---|
| 3904 | + | 119.14Rules, part 9503.0110, subpart 3. The date and time of the drills must be documented. |
|---|
| 3905 | + | 119.15 (d) The license holder must review and update the emergency plan annually each calendar |
|---|
| 3906 | + | 119.16year. Documentation of the annual yearly emergency plan review shall be maintained in |
|---|
| 3907 | + | 119.17the program's administrative records. |
|---|
| 3908 | + | 119.18 (e) The license holder must include the emergency plan in the program's policies and |
|---|
| 3909 | + | 119.19procedures as specified under section 142B.10, subdivision 21. The license holder must |
|---|
| 3910 | + | 119.20provide a physical or electronic copy of the emergency plan to the child's parent or legal |
|---|
| 3911 | + | 119.21guardian upon enrollment. |
|---|
| 3912 | + | 119.22 (f) The relocation site and evacuation route must be posted in a visible place as part of |
|---|
| 3913 | + | 119.23the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140, |
|---|
| 3914 | + | 119.24subpart 21. |
|---|
| 3915 | + | 119.25Sec. 6. Minnesota Statutes 2024, section 142B.70, subdivision 7, is amended to read: |
|---|
| 3916 | + | 119.26 Subd. 7.Child passenger restraint systems; training requirement.(a) A license |
|---|
| 3917 | + | 119.27holder must comply with all seat belt and child passenger restraint system requirements |
|---|
| 3918 | + | 119.28under section 169.685. |
|---|
| 3919 | + | 119.29 (b) Family and group family child care programs licensed by the Department of Children, |
|---|
| 3920 | + | 119.30Youth, and Families that serve a child or children under eight nine years of age must |
|---|
| 3921 | + | 119.31document training that fulfills the requirements in this subdivision. |
|---|
| 3922 | + | 119Article 6 Sec. 6. |
|---|
| 3923 | + | REVISOR EB/CH 25-0031102/20/25 120.1 (1) Before a license holder, second adult caregiver, substitute, or helper transports a |
|---|
| 3924 | + | 120.2child or children under age eight nine in a motor vehicle, the person placing the child or |
|---|
| 3925 | + | 120.3children in a passenger restraint must satisfactorily complete training on the proper use and |
|---|
| 3926 | + | 120.4installation of child restraint systems in motor vehicles. Training completed under this |
|---|
| 3927 | + | 120.5subdivision may be used to meet initial training under subdivision 1 or ongoing training |
|---|
| 3928 | + | 120.6under subdivision 8. |
|---|
| 3929 | + | 120.7 (2) Training required under this subdivision must be at least one hour in length, completed |
|---|
| 3930 | + | 120.8at initial training, and repeated at least once every five years. At a minimum, the training |
|---|
| 3931 | + | 120.9must address the proper use of child restraint systems based on the child's size, weight, and |
|---|
| 3932 | + | 120.10age, and the proper installation of a car seat or booster seat in the motor vehicle used by the |
|---|
| 3933 | + | 120.11license holder to transport the child or children. |
|---|
| 3934 | + | 120.12 (3) Training under this subdivision must be provided by individuals who are certified |
|---|
| 3935 | + | 120.13and approved by the Department of Public Safety, Office of Traffic Safety. License holders |
|---|
| 3936 | + | 120.14may obtain a list of certified and approved trainers through the Department of Public Safety |
|---|
| 3937 | + | 120.15website or by contacting the agency. |
|---|
| 3938 | + | 120.16 (c) Child care providers that only transport school-age children as defined in section |
|---|
| 3939 | + | 120.17142B.01, subdivision 13, paragraph (f), in child care buses as defined in section 169.448, |
|---|
| 3940 | + | 120.18subdivision 1, paragraph (e), are exempt from this subdivision. |
|---|
| 3941 | + | 120.19 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 3942 | + | 120.20Sec. 7. Minnesota Statutes 2024, section 142C.06, is amended by adding a subdivision to |
|---|
| 3943 | + | 120.21read: |
|---|
| 3944 | + | 120.22 Subd. 4.Requirement to post conditional certification.Upon receipt of any order of |
|---|
| 3945 | + | 120.23conditional certification issued by the commissioner under this section, and notwithstanding |
|---|
| 3946 | + | 120.24a pending request for reconsideration of the order of conditional certification by the |
|---|
| 3947 | + | 120.25certification holder, the certification holder shall post the order of conditional certification |
|---|
| 3948 | + | 120.26in a place that is conspicuous to the people receiving services and all visitors to the facility |
|---|
| 3949 | + | 120.27for the duration of the conditional certification. When the order of conditional certification |
|---|
| 3950 | + | 120.28is accompanied by a maltreatment investigation memorandum prepared under chapter 260E, |
|---|
| 3951 | + | 120.29the investigation memoranda must be posted with the order of conditional certification. |
|---|
| 3952 | + | 120.30Sec. 8. Minnesota Statutes 2024, section 142C.11, subdivision 8, is amended to read: |
|---|
| 3953 | + | 120.31 Subd. 8.Required policies.A certified center must have written policies for health and |
|---|
| 3954 | + | 120.32safety items in subdivisions 1 to 6, 9, and 10. |
|---|
| 3955 | + | 120Article 6 Sec. 8. |
|---|
| 3956 | + | REVISOR EB/CH 25-0031102/20/25 121.1Sec. 9. Minnesota Statutes 2024, section 142C.12, subdivision 1, is amended to read: |
|---|
| 3957 | + | 121.2 Subdivision 1.First aid and cardiopulmonary resuscitation.(a) Before having |
|---|
| 3958 | + | 121.3unsupervised direct contact with a child, but within 90 days after the first date of direct |
|---|
| 3959 | + | 121.4contact with a child, the director, all staff persons, substitutes, and unsupervised volunteers |
|---|
| 3960 | + | 121.5must successfully complete pediatric first aid and pediatric cardiopulmonary resuscitation |
|---|
| 3961 | + | 121.6(CPR) training, unless the training has been completed within the previous two calendar |
|---|
| 3962 | + | 121.7years. Staff must complete the pediatric first aid and pediatric CPR training at least every |
|---|
| 3963 | + | 121.8other calendar year and the center must document the training in the staff person's personnel |
|---|
| 3964 | + | 121.9record. |
|---|
| 3965 | + | 121.10 (b) Training completed under this subdivision may be used to meet the in-service training |
|---|
| 3966 | + | 121.11requirements under subdivision 6. |
|---|
| 3967 | + | 121.12 (c) Training must include CPR and techniques for providing immediate care to people |
|---|
| 3968 | + | 121.13experiencing life-threatening cardiac emergencies, choking, bleeding, fractures and sprains, |
|---|
| 3969 | + | 121.14head injuries, poisoning, and burns. Training developed by the American Heart Association, |
|---|
| 3970 | + | 121.15the American Red Cross, or another organization that uses nationally recognized, |
|---|
| 3971 | + | 121.16evidence-based guidelines meets these requirements. |
|---|
| 3972 | + | 121.17 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 3973 | + | 121.18Sec. 10. Minnesota Statutes 2024, section 245A.18, subdivision 1, is amended to read: |
|---|
| 3974 | + | 121.19 Subdivision 1.Seat belt and child passenger restraint system use.All license holders |
|---|
| 3975 | + | 121.20that transport children must comply with the requirements of section 142B.51, subdivision |
|---|
| 3976 | + | 121.211, and license holders that transport a child or children under eight nine years of age must |
|---|
| 3977 | + | 121.22document training that fulfills the requirements in section 142B.51, subdivision 2. |
|---|
| 3978 | + | 121.23 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 3979 | + | 121Article 6 Sec. 10. |
|---|
| 3980 | + | REVISOR EB/CH 25-0031102/20/25 Page.Ln 2.2AGING AND DISABILITY SERVICES...............................................ARTICLE 1 |
|---|
| 3981 | + | Page.Ln 9.12BEHAVIORAL HEALTH......................................................................ARTICLE 2 |
|---|
| 3982 | + | Page.Ln 15.1DIRECT CARE AND TREATMENT....................................................ARTICLE 3 |
|---|
| 3983 | + | Page.Ln 84.17HEALTH CARE ADMINISTRATION..................................................ARTICLE 4 |
|---|
| 3984 | + | Page.Ln 86.1HUMAN SERVICES OFFICE OF THE INSPECTOR GENERAL......ARTICLE 5 |
|---|
| 3985 | + | Page.Ln 112.20 |
|---|
| 3986 | + | CHILDREN AND FAMILIES OFFICE OF THE INSPECTOR |
|---|
| 3987 | + | GENERAL..............................................................................................ARTICLE 6 |
|---|