Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2187 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to human services; modifying availability of crisis services and criteria
3	3	1.3 for community-based program locations; removing expiration of 48-hour admission
4	4	1.4 requirement; making conforming and technical changes to effectuate creation of
5	5	1.5 Direct Care and Treatment agency; amending Minnesota Statutes 2024, sections
6	6	1.6 13.46, subdivisions 3, 4; 15.471, subdivision 6; 16A.103, subdivision 1j; 62J.495,
7	7	1.7 subdivision 2; 97A.441, subdivision 3; 144.53; 144.651, subdivisions 2, 4, 20, 31,
8	8	1.8 32; 144A.07; 146A.08, subdivision 4; 147.091, subdivision 6; 147A.13, subdivision
9	9	1.9 6; 148.10, subdivision 1; 148.261, subdivision 5; 148.754; 148B.5905; 148F.09,
10	10	1.10 subdivision 6; 150A.08, subdivision 6; 151.071, subdivision 10; 153.21, subdivision
11	11	1.11 2; 153B.70; 168.012, subdivision 1; 244.052, subdivision 4; 245.50, subdivision
12	12	1.12 2; 245.91, subdivision 2; 246.585; 246C.06, subdivision 11; 246C.12, subdivision
13	13	1.13 6; 246C.20; 252.291, subdivision 3; 252.50, subdivision 5; 253B.09, subdivision
14	14	1.14 3a; 253B.10, subdivision 1; 256.01, subdivisions 2, 5; 256.019, subdivision 1;
15	15	1.15 256.0281; 256.0451, subdivisions 1, 3, 6, 8, 9, 18, 22, 23, 24; 256.4825; 256.93,
16	16	1.16 subdivision 1; 256.98, subdivision 7; 256B.092, subdivision 10; 256G.09,
17	17	1.17 subdivisions 4, 5; 299F.77, subdivision 2; 342.04; 352.91, subdivision 3f; 401.17,
18	18	1.18 subdivision 1; 507.071, subdivision 1; 611.57, subdivisions 2, 4; 624.7131,
19	19	1.19 subdivisions 1, 2; 624.7132, subdivisions 1, 2; 624.714, subdivisions 3, 4; 631.40,
20	20	1.20 subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 246C;
21	21	1.21 repealing Minnesota Statutes 2024, sections 245.4862; 246.015, subdivision 3;
22	22	1.22 246.50, subdivision 2; 246B.04, subdivision 1a; Laws 2024, chapter 79, article 1,
23	23	1.23 sections 15; 16; 17.
24	24	1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
25	25	1.25 Section 1. Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read:
26	26	1.26 Subd. 3.Investigative data.(a) Data on persons, including data on vendors of services,
27	27	1.27licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
28	28	1.28system in an investigation, authorized by statute, and relating to the enforcement of rules
29	29	1.29or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
30	30	1.30protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
31	31	1.31shall not be disclosed except:
32	32	1Section 1.
33	33	REVISOR EB/HL 25-0034402/17/25
34	34	State of Minnesota
35	35	This Document can be made available
36	36	in alternative formats upon request
37	37	HOUSE OF REPRESENTATIVES
38	38	H. F. No. 2187
39	39	NINETY-FOURTH SESSION
40	40	Authored by Frederick and Virnig03/12/2025
41	41	The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1 (1) pursuant to section 13.05;
42	42	2.2 (2) pursuant to statute or valid court order;
43	43	2.3 (3) to a party named in a civil or criminal proceeding, administrative or judicial, for
44	44	2.4preparation of defense;
45	45	2.5 (4) to an agent of the welfare system or an investigator acting on behalf of a county,
46	46	2.6state, or federal government, including a law enforcement officer or attorney in the
47	47	2.7investigation or prosecution of a criminal, civil, or administrative proceeding, unless the
48	48	2.8commissioner of human services or; the commissioner of children, youth, and families; or
49	49	2.9the Direct Care and Treatment executive board determines that disclosure may compromise
50	50	2.10a Department of Human Services or; Department of Children, Youth, and Families; or Direct
51	51	2.11Care and Treatment ongoing investigation; or
52	52	2.12 (5) to provide notices required or permitted by statute.
53	53	2.13 The data referred to in this subdivision shall be classified as public data upon submission
54	54	2.14to an administrative law judge or court in an administrative or judicial proceeding. Inactive
55	55	2.15welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
56	56	2.16 (b) Notwithstanding any other provision in law, the commissioner of human services
57	57	2.17shall provide all active and inactive investigative data, including the name of the reporter
58	58	2.18of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for
59	59	2.19mental health and developmental disabilities upon the request of the ombudsman.
60	60	2.20 (c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
61	61	2.21by the commissioner of human services of possible overpayments of public funds to a service
62	62	2.22provider or recipient may be disclosed if the commissioner determines that it will not
63	63	2.23compromise the investigation.
64	64	2.24 EFFECTIVE DATE.This section is effective July 1, 2025.
65	65	2.25 Sec. 2. Minnesota Statutes 2024, section 13.46, subdivision 4, is amended to read:
66	66	2.26 Subd. 4.Licensing data.(a) As used in this subdivision:
67	67	2.27 (1) "licensing data" are all data collected, maintained, used, or disseminated by the
68	68	2.28welfare system pertaining to persons licensed or registered or who apply for licensure or
69	69	2.29registration or who formerly were licensed or registered under the authority of the
70	70	2.30commissioner of human services;
71	71	2.31 (2) "client" means a person who is receiving services from a licensee or from an applicant
72	72	2.32for licensure; and
73	73	2Sec. 2.
74	74	REVISOR EB/HL 25-0034402/17/25 3.1 (3) "personal and personal financial data" are Social Security numbers, identity of and
75	75	3.2letters of reference, insurance information, reports from the Bureau of Criminal
76	76	3.3Apprehension, health examination reports, and social/home studies.
77	77	3.4 (b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license
78	78	3.5holders, certification holders, and former licensees are public: name, address, telephone
79	79	3.6number of licensees, email addresses except for family child foster care, date of receipt of
80	80	3.7a completed application, dates of licensure, licensed capacity, type of client preferred,
81	81	3.8variances granted, record of training and education in child care and child development,
82	82	3.9type of dwelling, name and relationship of other family members, previous license history,
83	83	3.10class of license, the existence and status of complaints, and the number of serious injuries
84	84	3.11to or deaths of individuals in the licensed program as reported to the commissioner of human
85	85	3.12services; the commissioner of children, youth, and families; the local social services agency;
86	86	3.13or any other county welfare agency. For purposes of this clause, a serious injury is one that
87	87	3.14is treated by a physician.
88	88	3.15 (ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
89	89	3.16an order of license suspension, an order of temporary immediate suspension, an order of
90	90	3.17license revocation, an order of license denial, or an order of conditional license has been
91	91	3.18issued, or a complaint is resolved, the following data on current and former licensees and
92	92	3.19applicants are public: the general nature of the complaint or allegations leading to the
93	93	3.20temporary immediate suspension; the substance and investigative findings of the licensing
94	94	3.21or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
95	95	3.22of settlement negotiations; the record of informal resolution of a licensing violation; orders
96	96	3.23of hearing; findings of fact; conclusions of law; specifications of the final correction order,
97	97	3.24fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
98	98	3.25contained in the record of licensing action; whether a fine has been paid; and the status of
99	99	3.26any appeal of these actions.
100	100	3.27 (iii) When a license denial under section 142A.15 or 245A.05 or a sanction under section
101	101	3.28142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
102	102	3.29individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity
103	103	3.30of the applicant, license holder, or controlling individual as the individual responsible for
104	104	3.31maltreatment is public data at the time of the issuance of the license denial or sanction.
105	105	3.32 (iv) When a license denial under section 142A.15 or 245A.05 or a sanction under section
106	106	3.33142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
107	107	3.34individual is disqualified under chapter 245C, the identity of the license holder, applicant,
108	108	3.35or controlling individual as the disqualified individual is public data at the time of the
109	109	3Sec. 2.
110	110	REVISOR EB/HL 25-0034402/17/25 4.1issuance of the licensing sanction or denial. If the applicant, license holder, or controlling
111	111	4.2individual requests reconsideration of the disqualification and the disqualification is affirmed,
112	112	4.3the reason for the disqualification and the reason to not set aside the disqualification are
113	113	4.4private data.
114	114	4.5 (v) A correction order or fine issued to a child care provider for a licensing violation is
115	115	4.6private data on individuals under section 13.02, subdivision 12, or nonpublic data under
116	116	4.7section 13.02, subdivision 9, if the correction order or fine is seven years old or older.
117	117	4.8 (2) For applicants who withdraw their application prior to licensure or denial of a license,
118	118	4.9the following data are public: the name of the applicant, the city and county in which the
119	119	4.10applicant was seeking licensure, the dates of the commissioner's receipt of the initial
120	120	4.11application and completed application, the type of license sought, and the date of withdrawal
121	121	4.12of the application.
122	122	4.13 (3) For applicants who are denied a license, the following data are public: the name and
123	123	4.14address of the applicant, the city and county in which the applicant was seeking licensure,
124	124	4.15the dates of the commissioner's receipt of the initial application and completed application,
125	125	4.16the type of license sought, the date of denial of the application, the nature of the basis for
126	126	4.17the denial, the existence of settlement negotiations, the record of informal resolution of a
127	127	4.18denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
128	128	4.19order of denial, and the status of any appeal of the denial.
129	129	4.20 (4) When maltreatment is substantiated under section 626.557 or chapter 260E and the
130	130	4.21victim and the substantiated perpetrator are affiliated with a program licensed under chapter
131	131	4.22142B or 245A; the commissioner of human services; commissioner of children, youth, and
132	132	4.23families; local social services agency; or county welfare agency may inform the license
133	133	4.24holder where the maltreatment occurred of the identity of the substantiated perpetrator and
134	134	4.25the victim.
135	135	4.26 (5) Notwithstanding clause (1), for child foster care, only the name of the license holder
136	136	4.27and the status of the license are public if the county attorney has requested that data otherwise
137	137	4.28classified as public data under clause (1) be considered private data based on the best interests
138	138	4.29of a child in placement in a licensed program.
139	139	4.30 (c) The following are private data on individuals under section 13.02, subdivision 12,
140	140	4.31or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
141	141	4.32on family day care program and family foster care program applicants and licensees and
142	142	4.33their family members who provide services under the license.
143	143	4Sec. 2.
144	144	REVISOR EB/HL 25-0034402/17/25 5.1 (d) The following are private data on individuals: the identity of persons who have made
145	145	5.2reports concerning licensees or applicants that appear in inactive investigative data, and the
146	146	5.3records of clients or employees of the licensee or applicant for licensure whose records are
147	147	5.4received by the licensing agency for purposes of review or in anticipation of a contested
148	148	5.5matter. The names of reporters of complaints or alleged violations of licensing standards
149	149	5.6under chapters 142B, 245A, 245B, 245C, and 245D, and applicable rules and alleged
150	150	5.7maltreatment under section 626.557 and chapter 260E, are confidential data and may be
151	151	5.8disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557,
152	152	5.9subdivision 12b.
153	153	5.10 (e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
154	154	5.11subdivision become public data if submitted to a court or administrative law judge as part
155	155	5.12of a disciplinary proceeding in which there is a public hearing concerning a license which
156	156	5.13has been suspended, immediately suspended, revoked, or denied.
157	157	5.14 (f) Data generated in the course of licensing investigations that relate to an alleged
158	158	5.15violation of law are investigative data under subdivision 3.
159	159	5.16 (g) Data that are not public data collected, maintained, used, or disseminated under this
160	160	5.17subdivision that relate to or are derived from a report as defined in section 260E.03, or
161	161	5.18626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,
162	162	5.19subdivision 6, and 626.557, subdivision 12b.
163	163	5.20 (h) Upon request, not public data collected, maintained, used, or disseminated under
164	164	5.21this subdivision that relate to or are derived from a report of substantiated maltreatment as
165	165	5.22defined in section 626.557 or chapter 260E may be exchanged with the Department of
166	166	5.23Health for purposes of completing background studies pursuant to section 144.057 and with
167	167	5.24the Department of Corrections for purposes of completing background studies pursuant to
168	168	5.25section 241.021.
169	169	5.26 (i) Data on individuals collected according to licensing activities under chapters 142B,
170	170	5.27245A, and 245C, data on individuals collected by the commissioner of human services
171	171	5.28according to investigations under section 626.557 and chapters 142B, 245A, 245B, 245C,
172	172	5.29245D, and 260E may be shared with the Department of Human Rights, the Department of
173	173	5.30Health, the Department of Corrections, the ombudsman for mental health and developmental
174	174	5.31disabilities, and the individual's professional regulatory board when there is reason to believe
175	175	5.32that laws or standards under the jurisdiction of those agencies may have been violated or
176	176	5.33the information may otherwise be relevant to the board's regulatory jurisdiction. Background
177	177	5.34study data on an individual who is the subject of a background study under chapter 245C
178	178	5Sec. 2.
179	179	REVISOR EB/HL 25-0034402/17/25 6.1for a licensed service for which the commissioner of human services or; commissioner of
180	180	6.2children, youth, and families; or the Direct Care and Treatment executive board is the license
181	181	6.3holder may be shared with the commissioner and the commissioner's delegate by the licensing
182	182	6.4division. Unless otherwise specified in this chapter, the identity of a reporter of alleged
183	183	6.5maltreatment or licensing violations may not be disclosed.
184	184	6.6 (j) In addition to the notice of determinations required under sections 260E.24,
185	185	6.7subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the
186	186	6.8commissioner of children, youth, and families or the local social services agency has
187	187	6.9determined that an individual is a substantiated perpetrator of maltreatment of a child based
188	188	6.10on sexual abuse, as defined in section 260E.03, and the commissioner or local social services
189	189	6.11agency knows that the individual is a person responsible for a child's care in another facility,
190	190	6.12the commissioner or local social services agency shall notify the head of that facility of this
191	191	6.13determination. The notification must include an explanation of the individual's available
192	192	6.14appeal rights and the status of any appeal. If a notice is given under this paragraph, the
193	193	6.15government entity making the notification shall provide a copy of the notice to the individual
194	194	6.16who is the subject of the notice.
195	195	6.17 (k) All not public data collected, maintained, used, or disseminated under this subdivision
196	196	6.18and subdivision 3 may be exchanged between the Department of Human Services, Licensing
197	197	6.19Division, and the Department of Corrections for purposes of regulating services for which
198	198	6.20the Department of Human Services and the Department of Corrections have regulatory
199	199	6.21authority.
200	200	6.22 EFFECTIVE DATE.This section is effective July 1, 2025.
201	201	6.23 Sec. 3. Minnesota Statutes 2024, section 15.471, subdivision 6, is amended to read:
202	202	6.24 Subd. 6.Party.(a) Except as modified by paragraph (b), "party" means a person named
203	203	6.25or admitted as a party, or seeking and entitled to be admitted as a party, in a court action or
204	204	6.26contested case proceeding, or a person admitted by an administrative law judge for limited
205	205	6.27purposes, and who is:
206	206	6.28 (1) an unincorporated business, partnership, corporation, association, or organization,
207	207	6.29having not more than 500 employees at the time the civil action was filed or the contested
208	208	6.30case proceeding was initiated; and
209	209	6.31 (2) an unincorporated business, partnership, corporation, association, or organization
210	210	6.32whose annual revenues did not exceed $7,000,000 at the time the civil action was filed or
211	211	6.33the contested case proceeding was initiated.
212	212	6Sec. 3.
213	213	REVISOR EB/HL 25-0034402/17/25 7.1 (b) "Party" also includes a partner, officer, shareholder, member, or owner of an entity
214	214	7.2described in paragraph (a), clauses (1) and (2).
215	215	7.3 (c) "Party" does not include a person providing services pursuant to licensure or
216	216	7.4reimbursement on a cost basis by the Department of Health or, the Department of Human
217	217	7.5Services, or Direct Care and Treatment when that person is named or admitted or seeking
218	218	7.6to be admitted as a party in a matter which involves the licensing or reimbursement rates,
219	219	7.7procedures, or methodology applicable to those services.
220	220	7.8 EFFECTIVE DATE.This section is effective July 1, 2025.
221	221	7.9 Sec. 4. Minnesota Statutes 2024, section 16A.103, subdivision 1j, is amended to read:
222	222	7.10 Subd. 1j.Federal reimbursement for administrative costs.In preparing the forecast
223	223	7.11of state revenues and expenditures under subdivision 1, the commissioner must include
224	224	7.12estimates of the amount of federal reimbursement for administrative costs for the Department
225	225	7.13of Human Services and; the Department of Children, Youth, and Families; and Direct Care
226	226	7.14and Treatment in the forecast as an expenditure reduction. The amount included under this
227	227	7.15subdivision must conform with generally accepted accounting principles.
228	228	7.16 EFFECTIVE DATE.This section is effective July 1, 2025.
229	229	7.17 Sec. 5. Minnesota Statutes 2024, section 62J.495, subdivision 2, is amended to read:
230	230	7.18 Subd. 2.E-Health Advisory Committee.(a) The commissioner shall establish an
231	231	7.19e-Health Advisory Committee governed by section 15.059 to advise the commissioner on
232	232	7.20the following matters:
233	233	7.21 (1) assessment of the adoption and effective use of health information technology by
234	234	7.22the state, licensed health care providers and facilities, and local public health agencies;
235	235	7.23 (2) recommendations for implementing a statewide interoperable health information
236	236	7.24infrastructure, to include estimates of necessary resources, and for determining standards
237	237	7.25for clinical data exchange, clinical support programs, patient privacy requirements, and
238	238	7.26maintenance of the security and confidentiality of individual patient data;
239	239	7.27 (3) recommendations for encouraging use of innovative health care applications using
240	240	7.28information technology and systems to improve patient care and reduce the cost of care,
241	241	7.29including applications relating to disease management and personal health management
242	242	7.30that enable remote monitoring of patients' conditions, especially those with chronic
243	243	7.31conditions; and
244	244	7Sec. 5.
245	245	REVISOR EB/HL 25-0034402/17/25 8.1 (4) other related issues as requested by the commissioner.
246	246	8.2 (b) The members of the e-Health Advisory Committee shall include the commissioners,
247	247	8.3or commissioners' designees, of health, human services, administration, and commerce; a
248	248	8.4representative of the Direct Care and Treatment executive board; and additional members
249	249	8.5to be appointed by the commissioner to include persons representing Minnesota's local
250	250	8.6public health agencies, licensed hospitals and other licensed facilities and providers, private
251	251	8.7purchasers, the medical and nursing professions, health insurers and health plans, the state
252	252	8.8quality improvement organization, academic and research institutions, consumer advisory
253	253	8.9organizations with an interest and expertise in health information technology, and other
254	254	8.10stakeholders as identified by the commissioner to fulfill the requirements of section 3013,
255	255	8.11paragraph (g), of the HITECH Act.
256	256	8.12 (c) This subdivision expires June 30, 2031.
257	257	8.13 EFFECTIVE DATE.This section is effective July 1, 2025.
258	258	8.14 Sec. 6. Minnesota Statutes 2024, section 97A.441, subdivision 3, is amended to read:
259	259	8.15 Subd. 3.Angling; residents of state institutions.The commissioner may issue a license,
260	260	8.16without a fee, to take fish by angling to a person that is a ward of the commissioner of human
261	261	8.17services and a resident of a state institution under the control of the Direct Care and Treatment
262	262	8.18executive board upon application by the commissioner of human services.
263	263	8.19 EFFECTIVE DATE.This section is effective July 1, 2025.
264	264	8.20 Sec. 7. Minnesota Statutes 2024, section 144.53, is amended to read:
265	265	8.21 144.53 FEES.
266	266	8.22 Each application for a license, or renewal thereof, to operate a hospital, sanitarium or
267	267	8.23other institution for the hospitalization or care of human beings, within the meaning of
268	268	8.24sections 144.50 to 144.56, except applications by the Minnesota Veterans Home, the
269	269	8.25commissioner of human services Direct Care and Treatment executive board for the licensing
270	270	8.26of state institutions, or by the administrator for the licensing of the University of Minnesota
271	271	8.27hospitals, shall be accompanied by a fee to be prescribed by the state commissioner of health
272	272	8.28pursuant to section 144.122. No fee shall be refunded. Licenses shall expire and shall be
273	273	8.29renewed as prescribed by the commissioner of health pursuant to section 144.122.
274	274	8.30 No license granted hereunder shall be assignable or transferable.
275	275	8.31 EFFECTIVE DATE.This section is effective July 1, 2025.
276	276	8Sec. 7.
277	277	REVISOR EB/HL 25-0034402/17/25 9.1 Sec. 8. Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read:
278	278	9.2 Subd. 2.Definitions.(a) For the purposes of this section, "patient" means a person who
279	279	9.3is admitted to an acute care inpatient facility for a continuous period longer than 24 hours,
280	280	9.4for the purpose of diagnosis or treatment bearing on the physical or mental health of that
281	281	9.5person. For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also
282	282	9.6means a person who receives health care services at an outpatient surgical center or at a
283	283	9.7birth center licensed under section 144.615. "Patient" also means a minor who is admitted
284	284	9.8to a residential program as defined in section 253C.01 paragraph (c). For purposes of
285	285	9.9subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any person who is receiving
286	286	9.10mental health treatment on an outpatient basis or in a community support program or other
287	287	9.11community-based program.
288	288	9.12 (b) "Resident" means a person who is admitted to a nonacute care facility including
289	289	9.13extended care facilities, nursing homes, and boarding care homes for care required because
290	290	9.14of prolonged mental or physical illness or disability, recovery from injury or disease, or
291	291	9.15advancing age. For purposes of all subdivisions except subdivisions 28 and 29, "resident"
292	292	9.16also means a person who is admitted to a facility licensed as a board and lodging facility
293	293	9.17under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care home under sections
294	294	9.18144.50 to 144.56, or a supervised living facility under Minnesota Rules, parts 4665.0100
295	295	9.19to 4665.9900, and which operates a rehabilitation program licensed under chapter 245G or
296	296	9.20245I, or Minnesota Rules, parts 9530.6510 to 9530.6590.
297	297	9.21 (c) "Residential program" means (1) a hospital-based primary treatment program that
298	298	9.22provides residential treatment to minors with emotional disturbance as defined by the
299	299	9.23Comprehensive Children's Mental Health Act in sections 245.487 to 245.4889, or (2) a
300	300	9.24facility licensed by the state under Minnesota Rules, parts 2960.0580 to 2960.0700, to
301	301	9.25provide services to minors on a 24-hour basis.
302	302	9.26 EFFECTIVE DATE.This section is effective July 1, 2025.
303	303	9.27 Sec. 9. Minnesota Statutes 2024, section 144.651, subdivision 4, is amended to read:
304	304	9.28 Subd. 4.Information about rights.Patients and residents shall, at admission, be told
305	305	9.29that there are legal rights for their protection during their stay at the facility or throughout
306	306	9.30their course of treatment and maintenance in the community and that these are described
307	307	9.31in an accompanying written statement of the applicable rights and responsibilities set forth
308	308	9.32in this section. In the case of patients admitted to residential programs as defined in section
309	309	9.33253C.01 subdivision 2, the written statement shall also describe the right of a person 16
310	310	9.34years old or older to request release as provided in section 253B.04, subdivision 2, and shall
311	311	9Sec. 9.
312	312	REVISOR EB/HL 25-0034402/17/25 10.1list the names and telephone numbers of individuals and organizations that provide advocacy
313	313	10.2and legal services for patients in residential programs. Reasonable accommodations shall
314	314	10.3be made for people who have communication disabilities and those who speak a language
315	315	10.4other than English. Current facility policies, inspection findings of state and local health
316	316	10.5authorities, and further explanation of the written statement of rights shall be available to
317	317	10.6patients, residents, their guardians or their chosen representatives upon reasonable request
318	318	10.7to the administrator or other designated staff person, consistent with chapter 13, the Data
319	319	10.8Practices Act, and section 626.557, relating to vulnerable adults.
320	320	10.9 EFFECTIVE DATE.This section is effective July 1, 2025.
321	321	10.10Sec. 10. Minnesota Statutes 2024, section 144.651, subdivision 20, is amended to read:
322	322	10.11 Subd. 20.Grievances.Patients and residents shall be encouraged and assisted, throughout
323	323	10.12their stay in a facility or their course of treatment, to understand and exercise their rights
324	324	10.13as patients, residents, and citizens. Patients and residents may voice grievances and
325	325	10.14recommend changes in policies and services to facility staff and others of their choice, free
326	326	10.15from restraint, interference, coercion, discrimination, or reprisal, including threat of discharge.
327	327	10.16Notice of the grievance procedure of the facility or program, as well as addresses and
328	328	10.17telephone numbers for the Office of Health Facility Complaints and the area nursing home
329	329	10.18ombudsman pursuant to the Older Americans Act, section 307(a)(12) shall be posted in a
330	330	10.19conspicuous place.
331	331	10.20 Every acute care inpatient facility, every residential program as defined in section
332	332	10.21253C.01 subdivision 2, every nonacute care facility, and every facility employing more
333	333	10.22than two people that provides outpatient mental health services shall have a written internal
334	334	10.23grievance procedure that, at a minimum, sets forth the process to be followed; specifies
335	335	10.24time limits, including time limits for facility response; provides for the patient or resident
336	336	10.25to have the assistance of an advocate; requires a written response to written grievances; and
337	337	10.26provides for a timely decision by an impartial decision maker if the grievance is not otherwise
338	338	10.27resolved. Compliance by hospitals, residential programs as defined in section 253C.01
339	339	10.28subdivision 2 which are hospital-based primary treatment programs, and outpatient surgery
340	340	10.29centers with section 144.691 and compliance by health maintenance organizations with
341	341	10.30section 62D.11 is deemed to be compliance with the requirement for a written internal
342	342	10.31grievance procedure.
343	343	10.32 EFFECTIVE DATE.This section is effective July 1, 2025.
344	344	10Sec. 10.
345	345	REVISOR EB/HL 25-0034402/17/25 11.1 Sec. 11. Minnesota Statutes 2024, section 144.651, subdivision 31, is amended to read:
346	346	11.2 Subd. 31.Isolation and restraints.A minor patient who has been admitted to a
347	347	11.3residential program as defined in section 253C.01 subdivision 2 has the right to be free from
348	348	11.4physical restraint and isolation except in emergency situations involving a likelihood that
349	349	11.5the patient will physically harm the patient's self or others. These procedures may not be
350	350	11.6used for disciplinary purposes, to enforce program rules, or for the convenience of staff.
351	351	11.7Isolation or restraint may be used only upon the prior authorization of a physician, advanced
352	352	11.8practice registered nurse, physician assistant, psychiatrist, or licensed psychologist, only
353	353	11.9when less restrictive measures are ineffective or not feasible and only for the shortest time
354	354	11.10necessary.
355	355	11.11 EFFECTIVE DATE.This section is effective July 1, 2025.
356	356	11.12Sec. 12. Minnesota Statutes 2024, section 144.651, subdivision 32, is amended to read:
357	357	11.13 Subd. 32.Treatment plan.A minor patient who has been admitted to a residential
358	358	11.14program as defined in section 253C.01 subdivision 2 has the right to a written treatment
359	359	11.15plan that describes in behavioral terms the case problems, the precise goals of the plan, and
360	360	11.16the procedures that will be utilized to minimize the length of time that the minor requires
361	361	11.17inpatient treatment. The plan shall also state goals for release to a less restrictive facility
362	362	11.18and follow-up treatment measures and services, if appropriate. To the degree possible, the
363	363	11.19minor patient and the minor patient's parents or guardian shall be involved in the development
364	364	11.20of the treatment and discharge plan.
365	365	11.21 EFFECTIVE DATE.This section is effective July 1, 2025.
366	366	11.22Sec. 13. Minnesota Statutes 2024, section 144A.07, is amended to read:
367	367	11.23 144A.07 FEES.
368	368	11.24 Each application for a license to operate a nursing home, or for a renewal of license,
369	369	11.25except an application by the Minnesota Veterans Home or the commissioner of human
370	370	11.26services Direct Care and Treatment executive board for the licensing of state institutions,
371	371	11.27shall be accompanied by a fee to be prescribed by the commissioner of health pursuant to
372	372	11.28section 144.122. No fee shall be refunded.
373	373	11.29 EFFECTIVE DATE.This section is effective July 1, 2025.
374	374	11Sec. 13.
375	375	REVISOR EB/HL 25-0034402/17/25 12.1 Sec. 14. Minnesota Statutes 2024, section 146A.08, subdivision 4, is amended to read:
376	376	12.2 Subd. 4.Examination; access to medical data.(a) If the commissioner has probable
377	377	12.3cause to believe that an unlicensed complementary and alternative health care practitioner
378	378	12.4has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or (k), the
379	379	12.5commissioner may issue an order directing the practitioner to submit to a mental or physical
380	380	12.6examination or substance use disorder evaluation. For the purpose of this subdivision, every
381	381	12.7unlicensed complementary and alternative health care practitioner is deemed to have
382	382	12.8consented to submit to a mental or physical examination or substance use disorder evaluation
383	383	12.9when ordered to do so in writing by the commissioner and further to have waived all
384	384	12.10objections to the admissibility of the testimony or examination reports of the health care
385	385	12.11provider performing the examination or evaluation on the grounds that the same constitute
386	386	12.12a privileged communication. Failure of an unlicensed complementary and alternative health
387	387	12.13care practitioner to submit to an examination or evaluation when ordered, unless the failure
388	388	12.14was due to circumstances beyond the practitioner's control, constitutes an admission that
389	389	12.15the unlicensed complementary and alternative health care practitioner violated subdivision
390	390	12.161, paragraph (h), (i), (j), or (k), based on the factual specifications in the examination or
391	391	12.17evaluation order and may result in a default and final disciplinary order being entered after
392	392	12.18a contested case hearing. An unlicensed complementary and alternative health care
393	393	12.19practitioner affected under this paragraph shall at reasonable intervals be given an opportunity
394	394	12.20to demonstrate that the practitioner can resume the provision of complementary and
395	395	12.21alternative health care practices with reasonable safety to clients. In any proceeding under
396	396	12.22this paragraph, neither the record of proceedings nor the orders entered by the commissioner
397	397	12.23shall be used against an unlicensed complementary and alternative health care practitioner
398	398	12.24in any other proceeding.
399	399	12.25 (b) In addition to ordering a physical or mental examination or substance use disorder
400	400	12.26evaluation, the commissioner may, notwithstanding section 13.384; 144.651; 595.02; or
401	401	12.27any other law limiting access to medical or other health data, obtain medical data and health
402	402	12.28records relating to an unlicensed complementary and alternative health care practitioner
403	403	12.29without the practitioner's consent if the commissioner has probable cause to believe that a
404	404	12.30practitioner has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or
405	405	12.31(k). The medical data may be requested from a provider as defined in section 144.291,
406	406	12.32subdivision 2, paragraph (i), an insurance company, or a government agency, including the
407	407	12.33Department of Human Services and Direct Care and Treatment. A provider, insurance
408	408	12.34company, or government agency shall comply with any written request of the commissioner
409	409	12.35under this subdivision and is not liable in any action for damages for releasing the data
410	410	12Sec. 14.
411	411	REVISOR EB/HL 25-0034402/17/25 13.1requested by the commissioner if the data are released pursuant to a written request under
412	412	13.2this subdivision, unless the information is false and the person or organization giving the
413	413	13.3information knew or had reason to believe the information was false. Information obtained
414	414	13.4under this subdivision is private data under section 13.41.
415	415	13.5 EFFECTIVE DATE.This section is effective July 1, 2025.
416	416	13.6 Sec. 15. Minnesota Statutes 2024, section 147.091, subdivision 6, is amended to read:
417	417	13.7 Subd. 6.Mental examination; access to medical data.(a) If the board has probable
418	418	13.8cause to believe that a regulated person comes under subdivision 1, paragraph (1), it may
419	419	13.9direct the person to submit to a mental or physical examination. For the purpose of this
420	420	13.10subdivision every regulated person is deemed to have consented to submit to a mental or
421	421	13.11physical examination when directed in writing by the board and further to have waived all
422	422	13.12objections to the admissibility of the examining physicians' testimony or examination reports
423	423	13.13on the ground that the same constitute a privileged communication. Failure of a regulated
424	424	13.14person to submit to an examination when directed constitutes an admission of the allegations
425	425	13.15against the person, unless the failure was due to circumstance beyond the person's control,
426	426	13.16in which case a default and final order may be entered without the taking of testimony or
427	427	13.17presentation of evidence. A regulated person affected under this paragraph shall at reasonable
428	428	13.18intervals be given an opportunity to demonstrate that the person can resume the competent
429	429	13.19practice of the regulated profession with reasonable skill and safety to the public.
430	430	13.20 In any proceeding under this paragraph, neither the record of proceedings nor the orders
431	431	13.21entered by the board shall be used against a regulated person in any other proceeding.
432	432	13.22 (b) In addition to ordering a physical or mental examination, the board may,
433	433	13.23notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
434	434	13.24other health data, obtain medical data and health records relating to a regulated person or
435	435	13.25applicant without the person's or applicant's consent if the board has probable cause to
436	436	13.26believe that a regulated person comes under subdivision 1, paragraph (1). The medical data
437	437	13.27may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph
438	438	13.28(i), an insurance company, or a government agency, including the Department of Human
439	439	13.29Services and Direct Care and Treatment. A provider, insurance company, or government
440	440	13.30agency shall comply with any written request of the board under this subdivision and is not
441	441	13.31liable in any action for damages for releasing the data requested by the board if the data are
442	442	13.32released pursuant to a written request under this subdivision, unless the information is false
443	443	13.33and the provider giving the information knew, or had reason to believe, the information was
444	444	13Sec. 15.
445	445	REVISOR EB/HL 25-0034402/17/25 14.1false. Information obtained under this subdivision is classified as private under sections
446	446	14.213.01 to 13.87.
447	447	14.3 EFFECTIVE DATE.This section is effective July 1, 2025.
448	448	14.4 Sec. 16. Minnesota Statutes 2024, section 147A.13, subdivision 6, is amended to read:
449	449	14.5 Subd. 6.Mental examination; access to medical data.(a) If the board has probable
450	450	14.6cause to believe that a physician assistant comes under subdivision 1, clause (1), it may
451	451	14.7direct the physician assistant to submit to a mental or physical examination. For the purpose
452	452	14.8of this subdivision, every physician assistant licensed under this chapter is deemed to have
453	453	14.9consented to submit to a mental or physical examination when directed in writing by the
454	454	14.10board and further to have waived all objections to the admissibility of the examining
455	455	14.11physicians' testimony or examination reports on the ground that the same constitute a
456	456	14.12privileged communication. Failure of a physician assistant to submit to an examination
457	457	14.13when directed constitutes an admission of the allegations against the physician assistant,
458	458	14.14unless the failure was due to circumstance beyond the physician assistant's control, in which
459	459	14.15case a default and final order may be entered without the taking of testimony or presentation
460	460	14.16of evidence. A physician assistant affected under this subdivision shall at reasonable intervals
461	461	14.17be given an opportunity to demonstrate that the physician assistant can resume competent
462	462	14.18practice with reasonable skill and safety to patients. In any proceeding under this subdivision,
463	463	14.19neither the record of proceedings nor the orders entered by the board shall be used against
464	464	14.20a physician assistant in any other proceeding.
465	465	14.21 (b) In addition to ordering a physical or mental examination, the board may,
466	466	14.22notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or
467	467	14.23other health data, obtain medical data and health records relating to a licensee or applicant
468	468	14.24without the licensee's or applicant's consent if the board has probable cause to believe that
469	469	14.25a physician assistant comes under subdivision 1, clause (1).
470	470	14.26 The medical data may be requested from a provider, as defined in section 144.291,
471	471	14.27subdivision 2, paragraph (i), an insurance company, or a government agency, including the
472	472	14.28Department of Human Services and Direct Care and Treatment. A provider, insurance
473	473	14.29company, or government agency shall comply with any written request of the board under
474	474	14.30this subdivision and is not liable in any action for damages for releasing the data requested
475	475	14.31by the board if the data are released pursuant to a written request under this subdivision,
476	476	14.32unless the information is false and the provider giving the information knew, or had reason
477	477	14.33to believe, the information was false. Information obtained under this subdivision is classified
478	478	14.34as private under chapter 13.
479	479	14Sec. 16.
480	480	REVISOR EB/HL 25-0034402/17/25 15.1 EFFECTIVE DATE.This section is effective July 1, 2025.
481	481	15.2 Sec. 17. Minnesota Statutes 2024, section 148.10, subdivision 1, is amended to read:
482	482	15.3 Subdivision 1.Grounds.(a) The state Board of Chiropractic Examiners may refuse to
483	483	15.4grant, or may revoke, suspend, condition, limit, restrict or qualify a license to practice
484	484	15.5chiropractic, or may cause the name of a person licensed to be removed from the records
485	485	15.6in the office of the court administrator of the district court for:
486	486	15.7 (1) advertising that is false or misleading; that violates a rule of the board; or that claims
487	487	15.8the cure of any condition or disease;
488	488	15.9 (2) the employment of fraud or deception in applying for a license or in passing the
489	489	15.10examination provided for in section 148.06 or conduct which subverts or attempts to subvert
490	490	15.11the licensing examination process;
491	491	15.12 (3) the practice of chiropractic under a false or assumed name or the impersonation of
492	492	15.13another practitioner of like or different name;
493	493	15.14 (4) the conviction of a crime involving moral turpitude;
494	494	15.15 (5) the conviction, during the previous five years, of a felony reasonably related to the
495	495	15.16practice of chiropractic;
496	496	15.17 (6) habitual intemperance in the use of alcohol or drugs;
497	497	15.18 (7) practicing under a license which has not been renewed;
498	498	15.19 (8) advanced physical or mental disability;
499	499	15.20 (9) the revocation or suspension of a license to practice chiropractic; or other disciplinary
500	500	15.21action against the licensee; or the denial of an application for a license by the proper licensing
501	501	15.22authority of another state, territory or country; or failure to report to the board that charges
502	502	15.23regarding the person's license have been brought in another state or jurisdiction;
503	503	15.24 (10) the violation of, or failure to comply with, the provisions of sections 148.01 to
504	504	15.25148.105, the rules of the state Board of Chiropractic Examiners, or a lawful order of the
505	505	15.26board;
506	506	15.27 (11) unprofessional conduct;
507	507	15.28 (12) being unable to practice chiropractic with reasonable skill and safety to patients by
508	508	15.29reason of illness, professional incompetence, senility, drunkenness, use of drugs, narcotics,
509	509	15.30chemicals or any other type of material, or as a result of any mental or physical condition,
510	510	15.31including deterioration through the aging process or loss of motor skills. If the board has
511	511	15Sec. 17.
512	512	REVISOR EB/HL 25-0034402/17/25 16.1probable cause to believe that a person comes within this clause, it shall direct the person
513	513	16.2to submit to a mental or physical examination. For the purpose of this clause, every person
514	514	16.3licensed under this chapter shall be deemed to have given consent to submit to a mental or
515	515	16.4physical examination when directed in writing by the board and further to have waived all
516	516	16.5objections to the admissibility of the examining physicians' testimony or examination reports
517	517	16.6on the ground that the same constitute a privileged communication. Failure of a person to
518	518	16.7submit to such examination when directed shall constitute an admission of the allegations,
519	519	16.8unless the failure was due to circumstances beyond the person's control, in which case a
520	520	16.9default and final order may be entered without the taking of testimony or presentation of
521	521	16.10evidence. A person affected under this clause shall at reasonable intervals be afforded an
522	522	16.11opportunity to demonstrate that the person can resume the competent practice of chiropractic
523	523	16.12with reasonable skill and safety to patients.
524	524	16.13 In addition to ordering a physical or mental examination, the board may, notwithstanding
525	525	16.14section 13.384, 144.651, or any other law limiting access to health data, obtain health data
526	526	16.15and health records relating to a licensee or applicant without the licensee's or applicant's
527	527	16.16consent if the board has probable cause to believe that a doctor of chiropractic comes under
528	528	16.17this clause. The health data may be requested from a provider, as defined in section 144.291,
529	529	16.18subdivision 2, paragraph (i), an insurance company, or a government agency, including the
530	530	16.19Department of Human Services and Direct Care and Treatment. A provider, insurance
531	531	16.20company, or government agency shall comply with any written request of the board under
532	532	16.21this subdivision and is not liable in any action for damages for releasing the data requested
533	533	16.22by the board if the data are released pursuant to a written request under this subdivision,
534	534	16.23unless the information is false and the provider or entity giving the information knew, or
535	535	16.24had reason to believe, the information was false. Information obtained under this subdivision
536	536	16.25is classified as private under sections 13.01 to 13.87.
537	537	16.26 In any proceeding under this clause, neither the record of proceedings nor the orders
538	538	16.27entered by the board shall be used against a person in any other proceeding;
539	539	16.28 (13) aiding or abetting an unlicensed person in the practice of chiropractic, except that
540	540	16.29it is not a violation of this clause for a doctor of chiropractic to employ, supervise, or delegate
541	541	16.30functions to a qualified person who may or may not be required to obtain a license or
542	542	16.31registration to provide health services if that person is practicing within the scope of the
543	543	16.32license or registration or delegated authority;
544	544	16.33 (14) improper management of health records, including failure to maintain adequate
545	545	16.34health records as described in clause (18), to comply with a patient's request made under
546	546	16.35sections 144.291 to 144.298 or to furnish a health record or report required by law;
547	547	16Sec. 17.
548	548	REVISOR EB/HL 25-0034402/17/25 17.1 (15) failure to make reports required by section 148.102, subdivisions 2 and 5, or to
549	549	17.2cooperate with an investigation of the board as required by section 148.104, or the submission
550	550	17.3of a knowingly false report against another doctor of chiropractic under section 148.10,
551	551	17.4subdivision 3;
552	552	17.5 (16) splitting fees, or promising to pay a portion of a fee or a commission, or accepting
553	553	17.6a rebate;
554	554	17.7 (17) revealing a privileged communication from or relating to a patient, except when
555	555	17.8otherwise required or permitted by law;
556	556	17.9 (18) failing to keep written chiropractic records justifying the course of treatment of the
557	557	17.10patient, including, but not limited to, patient histories, examination results, test results, and
558	558	17.11x-rays. Unless otherwise required by law, written records need not be retained for more
559	559	17.12than seven years and x-rays need not be retained for more than four years;
560	560	17.13 (19) exercising influence on the patient or client in such a manner as to exploit the patient
561	561	17.14or client for financial gain of the licensee or of a third party which shall include, but not be
562	562	17.15limited to, the promotion or sale of services, goods, or appliances;
563	563	17.16 (20) gross or repeated malpractice or the failure to practice chiropractic at a level of
564	564	17.17care, skill, and treatment which is recognized by a reasonably prudent chiropractor as being
565	565	17.18acceptable under similar conditions and circumstances; or
566	566	17.19 (21) delegating professional responsibilities to a person when the licensee delegating
567	567	17.20such responsibilities knows or has reason to know that the person is not qualified by training,
568	568	17.21experience, or licensure to perform them.
569	569	17.22 (b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts to
570	570	17.23subvert the licensing examination process includes, but is not limited to: (1) conduct that
571	571	17.24violates the security of the examination materials, such as removing examination materials
572	572	17.25from the examination room or having unauthorized possession of any portion of a future,
573	573	17.26current, or previously administered licensing examination; (2) conduct that violates the
574	574	17.27standard of test administration, such as communicating with another examinee during
575	575	17.28administration of the examination, copying another examinee's answers, permitting another
576	576	17.29examinee to copy one's answers, or possessing unauthorized materials; or (3) impersonating
577	577	17.30an examinee or permitting an impersonator to take the examination on one's own behalf.
578	578	17.31 (c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these
579	579	17.32subdivisions includes a conviction of an offense that if committed in this state would be
580	580	17.33deemed a felony without regard to its designation elsewhere, or a criminal proceeding where
581	581	17Sec. 17.
582	582	REVISOR EB/HL 25-0034402/17/25 18.1a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld
583	583	18.2or not entered.
584	584	18.3 (d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment
585	585	18.4or proceeding under seal of the administrator of the court or of the administrative agency
586	586	18.5which entered the same shall be admissible into evidence without further authentication
587	587	18.6and shall constitute prima facie evidence of its contents.
588	588	18.7 (e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any
589	589	18.8unethical, deceptive or deleterious conduct or practice harmful to the public, any departure
590	590	18.9from or the failure to conform to the minimal standards of acceptable chiropractic practice,
591	591	18.10or a willful or careless disregard for the health, welfare or safety of patients, in any of which
592	592	18.11cases proof of actual injury need not be established. Unprofessional conduct shall include,
593	593	18.12but not be limited to, the following acts of a chiropractor:
594	594	18.13 (1) gross ignorance of, or incompetence in, the practice of chiropractic;
595	595	18.14 (2) engaging in conduct with a patient that is sexual or may reasonably be interpreted
596	596	18.15by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
597	597	18.16to a patient;
598	598	18.17 (3) performing unnecessary services;
599	599	18.18 (4) charging a patient an unconscionable fee or charging for services not rendered;
600	600	18.19 (5) directly or indirectly engaging in threatening, dishonest, or misleading fee collection
601	601	18.20techniques;
602	602	18.21 (6) perpetrating fraud upon patients, third-party payors, or others, relating to the practice
603	603	18.22of chiropractic, including violations of the Medicare or Medicaid laws or state medical
604	604	18.23assistance laws;
605	605	18.24 (7) advertising that the licensee will accept for services rendered assigned payments
606	606	18.25from any third-party payer as payment in full, if the effect is to give the impression of
607	607	18.26eliminating the need of payment by the patient of any required deductible or co-payment
608	608	18.27applicable in the patient's health benefit plan. As used in this clause, "advertise" means
609	609	18.28solicitation by the licensee by means of handbills, posters, circulars, motion pictures, radio,
610	610	18.29newspapers, television, or in any other manner. In addition to the board's power to punish
611	611	18.30for violations of this clause, violation of this clause is also a misdemeanor;
612	612	18.31 (8) accepting for services rendered assigned payments from any third-party payer as
613	613	18.32payment in full, if the effect is to eliminate the need of payment by the patient of any required
614	614	18Sec. 17.
615	615	REVISOR EB/HL 25-0034402/17/25 19.1deductible or co-payment applicable in the patient's health benefit plan, except as hereinafter
616	616	19.2provided; and
617	617	19.3 (9) any other act that the board by rule may define.
618	618	19.4 EFFECTIVE DATE.This section is effective July 1, 2025.
619	619	19.5 Sec. 18. Minnesota Statutes 2024, section 148.261, subdivision 5, is amended to read:
620	620	19.6 Subd. 5.Examination; access to medical data.The board may take the following
621	621	19.7actions if it has probable cause to believe that grounds for disciplinary action exist under
622	622	19.8subdivision 1, clause (9) or (10):
623	623	19.9 (a) It may direct the applicant or nurse to submit to a mental or physical examination or
624	624	19.10substance use disorder evaluation. For the purpose of this subdivision, when a nurse licensed
625	625	19.11under sections 148.171 to 148.285 is directed in writing by the board to submit to a mental
626	626	19.12or physical examination or substance use disorder evaluation, that person is considered to
627	627	19.13have consented and to have waived all objections to admissibility on the grounds of privilege.
628	628	19.14Failure of the applicant or nurse to submit to an examination when directed constitutes an
629	629	19.15admission of the allegations against the applicant or nurse, unless the failure was due to
630	630	19.16circumstances beyond the person's control, and the board may enter a default and final order
631	631	19.17without taking testimony or allowing evidence to be presented. A nurse affected under this
632	632	19.18paragraph shall, at reasonable intervals, be given an opportunity to demonstrate that the
633	633	19.19competent practice of professional, advanced practice registered, or practical nursing can
634	634	19.20be resumed with reasonable skill and safety to patients. Neither the record of proceedings
635	635	19.21nor the orders entered by the board in a proceeding under this paragraph, may be used
636	636	19.22against a nurse in any other proceeding.
637	637	19.23 (b) It may, notwithstanding sections 13.384, 144.651, 595.02, or any other law limiting
638	638	19.24access to medical or other health data, obtain medical data and health records relating to a
639	639	19.25registered nurse, advanced practice registered nurse, licensed practical nurse, or applicant
640	640	19.26for a license without that person's consent. The medical data may be requested from a
641	641	19.27provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance company,
642	642	19.28or a government agency, including the Department of Human Services and Direct Care and
643	643	19.29Treatment. A provider, insurance company, or government agency shall comply with any
644	644	19.30written request of the board under this subdivision and is not liable in any action for damages
645	645	19.31for releasing the data requested by the board if the data are released pursuant to a written
646	646	19.32request under this subdivision unless the information is false and the provider giving the
647	647	19.33information knew, or had reason to believe, the information was false. Information obtained
648	648	19.34under this subdivision is classified as private data on individuals as defined in section 13.02.
649	649	19Sec. 18.
650	650	REVISOR EB/HL 25-0034402/17/25 20.1 EFFECTIVE DATE.This section is effective July 1, 2025.
651	651	20.2 Sec. 19. Minnesota Statutes 2024, section 148.754, is amended to read:
652	652	20.3 148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
653	653	20.4 (a) If the board has probable cause to believe that a licensee comes under section 148.75,
654	654	20.5paragraph (a), clause (2), it may direct the licensee to submit to a mental or physical
655	655	20.6examination. For the purpose of this paragraph, every licensee is deemed to have consented
656	656	20.7to submit to a mental or physical examination when directed in writing by the board and
657	657	20.8further to have waived all objections to the admissibility of the examining physicians'
658	658	20.9testimony or examination reports on the ground that they constitute a privileged
659	659	20.10communication. Failure of the licensee to submit to an examination when directed constitutes
660	660	20.11an admission of the allegations against the person, unless the failure was due to circumstances
661	661	20.12beyond the person's control, in which case a default and final order may be entered without
662	662	20.13the taking of testimony or presentation of evidence. A licensee affected under this paragraph
663	663	20.14shall, at reasonable intervals, be given an opportunity to demonstrate that the person can
664	664	20.15resume the competent practice of physical therapy with reasonable skill and safety to the
665	665	20.16public.
666	666	20.17 (b) In any proceeding under paragraph (a), neither the record of proceedings nor the
667	667	20.18orders entered by the board shall be used against a licensee in any other proceeding.
668	668	20.19 (c) In addition to ordering a physical or mental examination, the board may,
669	669	20.20notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
670	670	20.21other health data, obtain medical data and health records relating to a licensee or applicant
671	671	20.22without the person's or applicant's consent if the board has probable cause to believe that
672	672	20.23the person comes under paragraph (a). The medical data may be requested from a provider,
673	673	20.24as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, or a
674	674	20.25government agency, including the Department of Human Services and Direct Care and
675	675	20.26Treatment. A provider, insurance company, or government agency shall comply with any
676	676	20.27written request of the board under this paragraph and is not liable in any action for damages
677	677	20.28for releasing the data requested by the board if the data are released pursuant to a written
678	678	20.29request under this paragraph, unless the information is false and the provider giving the
679	679	20.30information knew, or had reason to believe, the information was false. Information obtained
680	680	20.31under this paragraph is classified as private under sections 13.01 to 13.87.
681	681	20.32 EFFECTIVE DATE.This section is effective July 1, 2025.
682	682	20Sec. 19.
683	683	REVISOR EB/HL 25-0034402/17/25 21.1 Sec. 20. Minnesota Statutes 2024, section 148B.5905, is amended to read:
684	684	21.2 148B.5905 MENTAL, PHYSICAL, OR SUBSTANCE USE DISORDER
685	685	21.3EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.
686	686	21.4 (a) If the board has probable cause to believe section 148B.59, paragraph (a), clause (9),
687	687	21.5applies to a licensee or applicant, the board may direct the person to submit to a mental,
688	688	21.6physical, or substance use disorder examination or evaluation. For the purpose of this section,
689	689	21.7every licensee and applicant is deemed to have consented to submit to a mental, physical,
690	690	21.8or substance use disorder examination or evaluation when directed in writing by the board
691	691	21.9and to have waived all objections to the admissibility of the examining professionals'
692	692	21.10testimony or examination reports on the grounds that the testimony or examination reports
693	693	21.11constitute a privileged communication. Failure of a licensee or applicant to submit to an
694	694	21.12examination when directed by the board constitutes an admission of the allegations against
695	695	21.13the person, unless the failure was due to circumstances beyond the person's control, in which
696	696	21.14case a default and final order may be entered without the taking of testimony or presentation
697	697	21.15of evidence. A licensee or applicant affected under this paragraph shall at reasonable intervals
698	698	21.16be given an opportunity to demonstrate that the person can resume the competent practice
699	699	21.17of licensed professional counseling with reasonable skill and safety to the public. In any
700	700	21.18proceeding under this paragraph, neither the record of proceedings nor the orders entered
701	701	21.19by the board shall be used against a licensee or applicant in any other proceeding.
702	702	21.20 (b) In addition to ordering a physical or mental examination, the board may,
703	703	21.21notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
704	704	21.22other health data, obtain medical data and health records relating to a licensee or applicant
705	705	21.23without the licensee's or applicant's consent if the board has probable cause to believe that
706	706	21.24section 148B.59, paragraph (a), clause (9), applies to the licensee or applicant. The medical
707	707	21.25data may be requested from a provider, as defined in section 144.291, subdivision 2,
708	708	21.26paragraph (i); an insurance company; or a government agency, including the Department
709	709	21.27of Human Services and Direct Care and Treatment. A provider, insurance company, or
710	710	21.28government agency shall comply with any written request of the board under this subdivision
711	711	21.29and is not liable in any action for damages for releasing the data requested by the board if
712	712	21.30the data are released pursuant to a written request under this subdivision, unless the
713	713	21.31information is false and the provider giving the information knew, or had reason to believe,
714	714	21.32the information was false. Information obtained under this subdivision is classified as private
715	715	21.33under sections 13.01 to 13.87.
716	716	21.34 EFFECTIVE DATE.This section is effective July 1, 2025.
717	717	21Sec. 20.
718	718	REVISOR EB/HL 25-0034402/17/25 22.1 Sec. 21. Minnesota Statutes 2024, section 148F.09, subdivision 6, is amended to read:
719	719	22.2 Subd. 6.Mental, physical, or chemical health evaluation.(a) If the board has probable
720	720	22.3cause to believe that an applicant or licensee is unable to practice alcohol and drug counseling
721	721	22.4with reasonable skill and safety due to a mental or physical illness or condition, the board
722	722	22.5may direct the individual to submit to a mental, physical, or chemical dependency
723	723	22.6examination or evaluation.
724	724	22.7 (1) For the purposes of this section, every licensee and applicant is deemed to have
725	725	22.8consented to submit to a mental, physical, or chemical dependency examination or evaluation
726	726	22.9when directed in writing by the board and to have waived all objections to the admissibility
727	727	22.10of the examining professionals' testimony or examination reports on the grounds that the
728	728	22.11testimony or examination reports constitute a privileged communication.
729	729	22.12 (2) Failure of a licensee or applicant to submit to an examination when directed by the
730	730	22.13board constitutes an admission of the allegations against the person, unless the failure was
731	731	22.14due to circumstances beyond the person's control, in which case a default and final order
732	732	22.15may be entered without the taking of testimony or presentation of evidence.
733	733	22.16 (3) A licensee or applicant affected under this subdivision shall at reasonable intervals
734	734	22.17be given an opportunity to demonstrate that the licensee or applicant can resume the
735	735	22.18competent practice of licensed alcohol and drug counseling with reasonable skill and safety
736	736	22.19to the public.
737	737	22.20 (4) In any proceeding under this subdivision, neither the record of proceedings nor the
738	738	22.21orders entered by the board shall be used against the licensee or applicant in any other
739	739	22.22proceeding.
740	740	22.23 (b) In addition to ordering a physical or mental examination, the board may,
741	741	22.24notwithstanding section 13.384 or sections 144.291 to 144.298, or any other law limiting
742	742	22.25access to medical or other health data, obtain medical data and health records relating to a
743	743	22.26licensee or applicant without the licensee's or applicant's consent if the board has probable
744	744	22.27cause to believe that subdivision 1, clause (9), applies to the licensee or applicant. The
745	745	22.28medical data may be requested from:
746	746	22.29 (1) a provider, as defined in section 144.291, subdivision 2, paragraph (i);
747	747	22.30 (2) an insurance company; or
748	748	22.31 (3) a government agency, including the Department of Human Services and Direct Care
749	749	22.32and Treatment.
750	750	22Sec. 21.
751	751	REVISOR EB/HL 25-0034402/17/25 23.1 (c) A provider, insurance company, or government agency must comply with any written
752	752	23.2request of the board under this subdivision and is not liable in any action for damages for
753	753	23.3releasing the data requested by the board if the data are released pursuant to a written request
754	754	23.4under this subdivision, unless the information is false and the provider giving the information
755	755	23.5knew, or had reason to believe, the information was false.
756	756	23.6 (d) Information obtained under this subdivision is private data on individuals as defined
757	757	23.7in section 13.02, subdivision 12.
758	758	23.8 EFFECTIVE DATE.This section is effective July 1, 2025.
759	759	23.9 Sec. 22. Minnesota Statutes 2024, section 150A.08, subdivision 6, is amended to read:
760	760	23.10 Subd. 6.Medical records.Notwithstanding contrary provisions of sections 13.384 and
761	761	23.11144.651 or any other statute limiting access to medical or other health data, the board may
762	762	23.12obtain medical data and health records of a licensee or applicant without the licensee's or
763	763	23.13applicant's consent if the information is requested by the board as part of the process specified
764	764	23.14in subdivision 5. The medical data may be requested from a provider, as defined in section
765	765	23.15144.291, subdivision 2, paragraph (h), an insurance company, or a government agency,
766	766	23.16including the Department of Human Services and Direct Care and Treatment. A provider,
767	767	23.17insurance company, or government agency shall comply with any written request of the
768	768	23.18board under this subdivision and shall not be liable in any action for damages for releasing
769	769	23.19the data requested by the board if the data are released pursuant to a written request under
770	770	23.20this subdivision, unless the information is false and the provider giving the information
771	771	23.21knew, or had reason to believe, the information was false. Information obtained under this
772	772	23.22subdivision shall be classified as private under the Minnesota Government Data Practices
773	773	23.23Act.
774	774	23.24 EFFECTIVE DATE.This section is effective July 1, 2025.
775	775	23.25Sec. 23. Minnesota Statutes 2024, section 151.071, subdivision 10, is amended to read:
776	776	23.26 Subd. 10.Mental examination; access to medical data.(a) If the board receives a
777	777	23.27complaint and has probable cause to believe that an individual licensed or registered by the
778	778	23.28board falls under subdivision 2, clause (14), it may direct the individual to submit to a mental
779	779	23.29or physical examination. For the purpose of this subdivision, every licensed or registered
780	780	23.30individual is deemed to have consented to submit to a mental or physical examination when
781	781	23.31directed in writing by the board and further to have waived all objections to the admissibility
782	782	23.32of the examining practitioner's testimony or examination reports on the grounds that the
783	783	23.33same constitute a privileged communication. Failure of a licensed or registered individual
784	784	23Sec. 23.
785	785	REVISOR EB/HL 25-0034402/17/25 24.1to submit to an examination when directed constitutes an admission of the allegations against
786	786	24.2the individual, unless the failure was due to circumstances beyond the individual's control,
787	787	24.3in which case a default and final order may be entered without the taking of testimony or
788	788	24.4presentation of evidence. Pharmacists affected under this paragraph shall at reasonable
789	789	24.5intervals be given an opportunity to demonstrate that they can resume the competent practice
790	790	24.6of the profession of pharmacy with reasonable skill and safety to the public. Pharmacist
791	791	24.7interns, pharmacy technicians, or controlled substance researchers affected under this
792	792	24.8paragraph shall at reasonable intervals be given an opportunity to demonstrate that they can
793	793	24.9competently resume the duties that can be performed, under this chapter or the rules of the
794	794	24.10board, by similarly registered persons with reasonable skill and safety to the public. In any
795	795	24.11proceeding under this paragraph, neither the record of proceedings nor the orders entered
796	796	24.12by the board shall be used against a licensed or registered individual in any other proceeding.
797	797	24.13 (b) Notwithstanding section 13.384, 144.651, or any other law limiting access to medical
798	798	24.14or other health data, the board may obtain medical data and health records relating to an
799	799	24.15individual licensed or registered by the board, or to an applicant for licensure or registration,
800	800	24.16without the individual's consent when the board receives a complaint and has probable cause
801	801	24.17to believe that the individual is practicing in violation of subdivision 2, clause (14), and the
802	802	24.18data and health records are limited to the complaint. The medical data may be requested
803	803	24.19from a provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance
804	804	24.20company, or a government agency, including the Department of Human Services and Direct
805	805	24.21Care and Treatment. A provider, insurance company, or government agency shall comply
806	806	24.22with any written request of the board under this subdivision and is not liable in any action
807	807	24.23for damages for releasing the data requested by the board if the data are released pursuant
808	808	24.24to a written request under this subdivision, unless the information is false and the provider
809	809	24.25giving the information knew, or had reason to believe, the information was false. Information
810	810	24.26obtained under this subdivision is classified as private under sections 13.01 to 13.87.
811	811	24.27 EFFECTIVE DATE.This section is effective July 1, 2025.
812	812	24.28Sec. 24. Minnesota Statutes 2024, section 153.21, subdivision 2, is amended to read:
813	813	24.29 Subd. 2.Access to medical data.In addition to ordering a physical or mental examination
814	814	24.30or substance use disorder evaluation, the board may, notwithstanding section 13.384, 144.651,
815	815	24.31or any other law limiting access to medical or other health data, obtain medical data and
816	816	24.32health records relating to a licensee or applicant without the licensee's or applicant's consent
817	817	24.33if the board has probable cause to believe that a doctor of podiatric medicine falls within
818	818	24.34the provisions of section 153.19, subdivision 1, clause (12). The medical data may be
819	819	24Sec. 24.
820	820	REVISOR EB/HL 25-0034402/17/25 25.1requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h), an
821	821	25.2insurance company, or a government agency, including the Department of Human Services
822	822	25.3and Direct Care and Treatment. A provider, insurance company, or government agency
823	823	25.4shall comply with any written request of the board under this section and is not liable in
824	824	25.5any action for damages for releasing the data requested by the board if the data are released
825	825	25.6in accordance with a written request under this section, unless the information is false and
826	826	25.7the provider giving the information knew, or had reason to believe, the information was
827	827	25.8false.
828	828	25.9 EFFECTIVE DATE.This section is effective July 1, 2025.
829	829	25.10Sec. 25. Minnesota Statutes 2024, section 153B.70, is amended to read:
830	830	25.11 153B.70 GROUNDS FOR DISCIPLINARY ACTION.
831	831	25.12 (a) The board may refuse to issue or renew a license, revoke or suspend a license, or
832	832	25.13place on probation or reprimand a licensee for one or any combination of the following:
833	833	25.14 (1) making a material misstatement in furnishing information to the board;
834	834	25.15 (2) violating or intentionally disregarding the requirements of this chapter;
835	835	25.16 (3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
836	836	25.17or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the
837	837	25.18profession. Conviction, as used in this clause, includes a conviction of an offense which, if
838	838	25.19committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,
839	839	25.20without regard to its designation elsewhere, or a criminal proceeding where a finding or
840	840	25.21verdict of guilty is made or returned but the adjudication of guilt is either withheld or not
841	841	25.22entered;
842	842	25.23 (4) making a misrepresentation in order to obtain or renew a license;
843	843	25.24 (5) displaying a pattern of practice or other behavior that demonstrates incapacity or
844	844	25.25incompetence to practice;
845	845	25.26 (6) aiding or assisting another person in violating the provisions of this chapter;
846	846	25.27 (7) failing to provide information within 60 days in response to a written request from
847	847	25.28the board, including documentation of completion of continuing education requirements;
848	848	25.29 (8) engaging in dishonorable, unethical, or unprofessional conduct;
849	849	25.30 (9) engaging in conduct of a character likely to deceive, defraud, or harm the public;
850	850	25Sec. 25.
851	851	REVISOR EB/HL 25-0034402/17/25 26.1 (10) inability to practice due to habitual intoxication, addiction to drugs, or mental or
852	852	26.2physical illness;
853	853	26.3 (11) being disciplined by another state or territory of the United States, the federal
854	854	26.4government, a national certification organization, or foreign nation, if at least one of the
855	855	26.5grounds for the discipline is the same or substantially equivalent to one of the grounds in
856	856	26.6this section;
857	857	26.7 (12) directly or indirectly giving to or receiving from a person, firm, corporation,
858	858	26.8partnership, or association a fee, commission, rebate, or other form of compensation for
859	859	26.9professional services not actually or personally rendered;
860	860	26.10 (13) incurring a finding by the board that the licensee, after the licensee has been placed
861	861	26.11on probationary status, has violated the conditions of the probation;
862	862	26.12 (14) abandoning a patient or client;
863	863	26.13 (15) willfully making or filing false records or reports in the course of the licensee's
864	864	26.14practice including, but not limited to, false records or reports filed with state or federal
865	865	26.15agencies;
866	866	26.16 (16) willfully failing to report child maltreatment as required under the Maltreatment of
867	867	26.17Minors Act, chapter 260E; or
868	868	26.18 (17) soliciting professional services using false or misleading advertising.
869	869	26.19 (b) A license to practice is automatically suspended if (1) a guardian of a licensee is
870	870	26.20appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other
871	871	26.21than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant
872	872	26.22to chapter 253B. The license remains suspended until the licensee is restored to capacity
873	873	26.23by a court and, upon petition by the licensee, the suspension is terminated by the board after
874	874	26.24a hearing. The licensee may be reinstated to practice, either with or without restrictions, by
875	875	26.25demonstrating clear and convincing evidence of rehabilitation. The regulated person is not
876	876	26.26required to prove rehabilitation if the subsequent court decision overturns previous court
877	877	26.27findings of public risk.
878	878	26.28 (c) If the board has probable cause to believe that a licensee or applicant has violated
879	879	26.29paragraph (a), clause (10), it may direct the person to submit to a mental or physical
880	880	26.30examination. For the purpose of this section, every person is deemed to have consented to
881	881	26.31submit to a mental or physical examination when directed in writing by the board and to
882	882	26.32have waived all objections to the admissibility of the examining physician's testimony or
883	883	26.33examination report on the grounds that the testimony or report constitutes a privileged
884	884	26Sec. 25.
885	885	REVISOR EB/HL 25-0034402/17/25 27.1communication. Failure of a regulated person to submit to an examination when directed
886	886	27.2constitutes an admission of the allegations against the person, unless the failure was due to
887	887	27.3circumstances beyond the person's control, in which case a default and final order may be
888	888	27.4entered without the taking of testimony or presentation of evidence. A regulated person
889	889	27.5affected under this paragraph shall at reasonable intervals be given an opportunity to
890	890	27.6demonstrate that the person can resume the competent practice of the regulated profession
891	891	27.7with reasonable skill and safety to the public. In any proceeding under this paragraph, neither
892	892	27.8the record of proceedings nor the orders entered by the board shall be used against a regulated
893	893	27.9person in any other proceeding.
894	894	27.10 (d) In addition to ordering a physical or mental examination, the board may,
895	895	27.11notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or
896	896	27.12other health data, obtain medical data and health records relating to a licensee or applicant
897	897	27.13without the person's or applicant's consent if the board has probable cause to believe that a
898	898	27.14licensee is subject to paragraph (a), clause (10). The medical data may be requested from
899	899	27.15a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company,
900	900	27.16or a government agency, including the Department of Human Services and Direct Care and
901	901	27.17Treatment. A provider, insurance company, or government agency shall comply with any
902	902	27.18written request of the board under this section and is not liable in any action for damages
903	903	27.19for releasing the data requested by the board if the data are released pursuant to a written
904	904	27.20request under this section, unless the information is false and the provider giving the
905	905	27.21information knew, or had reason to know, the information was false. Information obtained
906	906	27.22under this section is private data on individuals as defined in section 13.02.
907	907	27.23 (e) If the board issues an order of immediate suspension of a license, a hearing must be
908	908	27.24held within 30 days of the suspension and completed without delay.
909	909	27.25 EFFECTIVE DATE.This section is effective July 1, 2025.
910	910	27.26Sec. 26. Minnesota Statutes 2024, section 168.012, subdivision 1, is amended to read:
911	911	27.27 Subdivision 1.Vehicles exempt from tax, fees, or plate display.(a) The following
912	912	27.28vehicles are exempt from the provisions of this chapter requiring payment of tax and
913	913	27.29registration fees, except as provided in subdivision 1c:
914	914	27.30 (1) vehicles owned and used solely in the transaction of official business by the federal
915	915	27.31government, the state, or any political subdivision;
916	916	27.32 (2) vehicles owned and used exclusively by educational institutions and used solely in
917	917	27.33the transportation of pupils to and from those institutions;
918	918	27Sec. 26.
919	919	REVISOR EB/HL 25-0034402/17/25 28.1 (3) vehicles used solely in driver education programs at nonpublic high schools;
920	920	28.2 (4) vehicles owned by nonprofit charities and used exclusively to transport disabled
921	921	28.3persons for charitable, religious, or educational purposes;
922	922	28.4 (5) vehicles owned by nonprofit charities and used exclusively for disaster response and
923	923	28.5related activities;
924	924	28.6 (6) vehicles owned by ambulance services licensed under section 144E.10 that are
925	925	28.7equipped and specifically intended for emergency response or providing ambulance services;
926	926	28.8and
927	927	28.9 (7) vehicles owned by a commercial driving school licensed under section 171.34, or
928	928	28.10an employee of a commercial driving school licensed under section 171.34, and the vehicle
929	929	28.11is used exclusively for driver education and training.
930	930	28.12 (b) Provided the general appearance of the vehicle is unmistakable, the following vehicles
931	931	28.13are not required to register or display number plates:
932	932	28.14 (1) vehicles owned by the federal government;
933	933	28.15 (2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the
934	934	28.16state or a political subdivision;
935	935	28.17 (3) police patrols owned or leased by the state or a political subdivision; and
936	936	28.18 (4) ambulances owned or leased by the state or a political subdivision.
937	937	28.19 (c) Unmarked vehicles used in general police work, liquor investigations, or arson
938	938	28.20investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
939	939	28.21the Department of Corrections or by conservation officers of the Division of Enforcement
940	940	28.22and Field Service of the Department of Natural Resources, must be registered and must
941	941	28.23display appropriate license number plates, furnished by the registrar at cost. Original and
942	942	28.24renewal applications for these license plates authorized for use in general police work and
943	943	28.25for use by the Department of Corrections or by conservation officers must be accompanied
944	944	28.26by a certification signed by the appropriate chief of police if issued to a police vehicle, the
945	945	28.27appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if issued
946	946	28.28to a Department of Corrections vehicle, or the appropriate officer in charge if issued to a
947	947	28.29vehicle of any other law enforcement agency. The certification must be on a form prescribed
948	948	28.30by the commissioner and state that the vehicle will be used exclusively for a purpose
949	949	28.31authorized by this section.
950	950	28Sec. 26.
951	951	REVISOR EB/HL 25-0034402/17/25 29.1 (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
952	952	29.2fraud unit, in conducting seizures or criminal investigations must be registered and must
953	953	29.3display passenger vehicle classification license number plates, furnished at cost by the
954	954	29.4registrar. Original and renewal applications for these passenger vehicle license plates must
955	955	29.5be accompanied by a certification signed by the commissioner of revenue or the
956	956	29.6commissioner of labor and industry. The certification must be on a form prescribed by the
957	957	29.7commissioner and state that the vehicles will be used exclusively for the purposes authorized
958	958	29.8by this section.
959	959	29.9 (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
960	960	29.10Department of Health must be registered and must display passenger vehicle classification
961	961	29.11license number plates. These plates must be furnished at cost by the registrar. Original and
962	962	29.12renewal applications for these passenger vehicle license plates must be accompanied by a
963	963	29.13certification signed by the commissioner of health. The certification must be on a form
964	964	29.14prescribed by the commissioner and state that the vehicles will be used exclusively for the
965	965	29.15official duties of the Division of Disease Prevention and Control.
966	966	29.16 (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
967	967	29.17investigations and reviews must be registered and must display passenger vehicle
968	968	29.18classification license number plates. These plates must be furnished at cost by the registrar.
969	969	29.19Original and renewal applications for these passenger vehicle license plates must be
970	970	29.20accompanied by a certification signed by the board chair. The certification must be on a
971	971	29.21form prescribed by the commissioner and state that the vehicles will be used exclusively
972	972	29.22for the official duties of the Gambling Control Board.
973	973	29.23 (g) Unmarked vehicles used in general investigation, surveillance, supervision, and
974	974	29.24monitoring by the Department of Human Services' Office of Special Investigations' staff;
975	975	29.25the Minnesota Sex Offender Program's executive director and the executive director's staff;
976	976	29.26and the Office of Inspector General's staff, including, but not limited to, county fraud
977	977	29.27prevention investigators, must be registered and must display passenger vehicle classification
978	978	29.28license number plates, furnished by the registrar at cost. Original and renewal applications
979	979	29.29for passenger vehicle license plates must be accompanied by a certification signed by the
980	980	29.30commissioner of human services. The certification must be on a form prescribed by the
981	981	29.31commissioner and state that the vehicles must be used exclusively for the official duties of
982	982	29.32the Office of Special Investigations' staff; the Minnesota Sex Offender Program's executive
983	983	29.33director and the executive director's staff; and the Office of the Inspector General's staff,
984	984	29.34including, but not limited to, contract and county fraud prevention investigators.
985	985	29Sec. 26.
986	986	REVISOR EB/HL 25-0034402/17/25 30.1 (h) Unmarked vehicles used in general investigation, surveillance, supervision, and
987	987	30.2monitoring by the Direct Care and Treatment Office of Special Investigations' staff and
988	988	30.3unmarked vehicles used by the Minnesota Sex Offender Program's executive director and
989	989	30.4the executive director's staff must be registered and must display passenger vehicle
990	990	30.5classification license number plates, furnished by the registrar at cost. Original and renewal
991	991	30.6applications for passenger vehicle license plates must be accompanied by a certification
992	992	30.7signed by the Direct Care and Treatment executive board. The certification must be on a
993	993	30.8form prescribed by the commissioner and state that the vehicles must be used exclusively
994	994	30.9for the official duties of the Minnesota Sex Offender Program's executive director and the
995	995	30.10executive director's staff, including but not limited to contract and county fraud prevention
996	996	30.11investigators.
997	997	30.12 (h) (i) Each state hospital and institution for persons who are mentally ill and
998	998	30.13developmentally disabled may have one vehicle without the required identification on the
999	999	30.14sides of the vehicle. The vehicle must be registered and must display passenger vehicle
1000	1000	30.15classification license number plates. These plates must be furnished at cost by the registrar.
1001	1001	30.16Original and renewal applications for these passenger vehicle license plates must be
1002	1002	30.17accompanied by a certification signed by the hospital administrator. The certification must
1003	1003	30.18be on a form prescribed by the commissioner Direct Care and Treatment executive board
1004	1004	30.19and state that the vehicles will be used exclusively for the official duties of the state hospital
1005	1005	30.20or institution.
1006	1006	30.21 (i) (j) Each county social service agency may have vehicles used for child and vulnerable
1007	1007	30.22adult protective services without the required identification on the sides of the vehicle. The
1008	1008	30.23vehicles must be registered and must display passenger vehicle classification license number
1009	1009	30.24plates. These plates must be furnished at cost by the registrar. Original and renewal
1010	1010	30.25applications for these passenger vehicle license plates must be accompanied by a certification
1011	1011	30.26signed by the agency administrator. The certification must be on a form prescribed by the
1012	1012	30.27commissioner and state that the vehicles will be used exclusively for the official duties of
1013	1013	30.28the social service agency.
1014	1014	30.29 (j) (k) Unmarked vehicles used in general investigation, surveillance, supervision, and
1015	1015	30.30monitoring by tobacco inspector staff of the Department of Human Services' Alcohol and
1016	1016	30.31Drug Abuse Division for the purposes of tobacco inspections, investigations, and reviews
1017	1017	30.32must be registered and must display passenger vehicle classification license number plates,
1018	1018	30.33furnished at cost by the registrar. Original and renewal applications for passenger vehicle
1019	1019	30.34license plates must be accompanied by a certification signed by the commissioner of human
1020	1020	30.35services. The certification must be on a form prescribed by the commissioner and state that
1021	1021	30Sec. 26.
1022	1022	REVISOR EB/HL 25-0034402/17/25 31.1the vehicles will be used exclusively by tobacco inspector staff for the duties specified in
1023	1023	31.2this paragraph.
1024	1024	31.3 (k) (l) All other motor vehicles must be registered and display tax-exempt number plates,
1025	1025	31.4furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles required
1026	1026	31.5to display tax-exempt number plates must have the name of the state department or political
1027	1027	31.6subdivision, nonpublic high school operating a driver education program, licensed
1028	1028	31.7commercial driving school, or other qualifying organization or entity, plainly displayed on
1029	1029	31.8both sides of the vehicle. This identification must be in a color giving contrast with that of
1030	1030	31.9the part of the vehicle on which it is placed and must endure throughout the term of the
1031	1031	31.10registration. The identification must not be on a removable plate or placard and must be
1032	1032	31.11kept clean and visible at all times; except that a removable plate or placard may be utilized
1033	1033	31.12on vehicles leased or loaned to a political subdivision or to a nonpublic high school driver
1034	1034	31.13education program.
1035	1035	31.14 EFFECTIVE DATE.This section is effective July 1, 2025.
1036	1036	31.15Sec. 27. Minnesota Statutes 2024, section 244.052, subdivision 4, is amended to read:
1037	1037	31.16 Subd. 4.Law enforcement agency; disclosure of information to public.(a) The law
1038	1038	31.17enforcement agency in the area where the predatory offender resides, expects to reside, is
1039	1039	31.18employed, or is regularly found, shall disclose to the public any information regarding the
1040	1040	31.19offender contained in the report forwarded to the agency under subdivision 3, paragraph
1041	1041	31.20(f), that is relevant and necessary to protect the public and to counteract the offender's
1042	1042	31.21dangerousness, consistent with the guidelines in paragraph (b). The extent of the information
1043	1043	31.22disclosed and the community to whom disclosure is made must relate to the level of danger
1044	1044	31.23posed by the offender, to the offender's pattern of offending behavior, and to the need of
1045	1045	31.24community members for information to enhance their individual and collective safety.
1046	1046	31.25 (b) The law enforcement agency shall employ the following guidelines in determining
1047	1047	31.26the scope of disclosure made under this subdivision:
1048	1048	31.27 (1) if the offender is assigned to risk level I, the agency may maintain information
1049	1049	31.28regarding the offender within the agency and may disclose it to other law enforcement
1050	1050	31.29agencies. Additionally, the agency may disclose the information to any victims of or
1051	1051	31.30witnesses to the offense committed by the offender. The agency shall disclose the information
1052	1052	31.31to victims of the offense committed by the offender who have requested disclosure and to
1053	1053	31.32adult members of the offender's immediate household;
1054	1054	31Sec. 27.
1055	1055	REVISOR EB/HL 25-0034402/17/25 32.1 (2) if the offender is assigned to risk level II, the agency also may disclose the information
1056	1056	32.2to agencies and groups that the offender is likely to encounter for the purpose of securing
1057	1057	32.3those institutions and protecting individuals in their care while they are on or near the
1058	1058	32.4premises of the institution. These agencies and groups include the staff members of public
1059	1059	32.5and private educational institutions, day care establishments, and establishments and
1060	1060	32.6organizations that primarily serve individuals likely to be victimized by the offender. The
1061	1061	32.7agency also may disclose the information to individuals the agency believes are likely to
1062	1062	32.8be victimized by the offender. The agency's belief shall be based on the offender's pattern
1063	1063	32.9of offending or victim preference as documented in the information provided by the
1064	1064	32.10Department of Corrections or, the Department of Human Services, or Direct Care and
1065	1065	32.11Treatment. The agency may disclose the information to property assessors, property
1066	1066	32.12inspectors, code enforcement officials, and child protection officials who are likely to visit
1067	1067	32.13the offender's home in the course of their duties;
1068	1068	32.14 (3) if the offender is assigned to risk level III, the agency shall disclose the information
1069	1069	32.15to the persons and entities described in clauses (1) and (2) and to other members of the
1070	1070	32.16community whom the offender is likely to encounter, unless the law enforcement agency
1071	1071	32.17determines that public safety would be compromised by the disclosure or that a more limited
1072	1072	32.18disclosure is necessary to protect the identity of the victim.
1073	1073	32.19 Notwithstanding the assignment of a predatory offender to risk level II or III, a law
1074	1074	32.20enforcement agency may not make the disclosures permitted or required by clause (2) or
1075	1075	32.21(3), if: the offender is placed or resides in a residential facility. However, if an offender is
1076	1076	32.22placed or resides in a residential facility, the offender and the head of the facility shall
1077	1077	32.23designate the offender's likely residence upon release from the facility and the head of the
1078	1078	32.24facility shall notify the commissioner of corrections or, the commissioner of human services,
1079	1079	32.25or the Direct Care and Treatment executive board of the offender's likely residence at least
1080	1080	32.2614 days before the offender's scheduled release date. The commissioner shall give this
1081	1081	32.27information to the law enforcement agency having jurisdiction over the offender's likely
1082	1082	32.28residence. The head of the residential facility also shall notify the commissioner of corrections
1083	1083	32.29or, the commissioner of human services, or the Direct Care and Treatment executive board
1084	1084	32.30within 48 hours after finalizing the offender's approved relocation plan to a permanent
1085	1085	32.31residence. Within five days after receiving this notification, the appropriate commissioner
1086	1086	32.32shall give to the appropriate law enforcement agency all relevant information the
1087	1087	32.33commissioner has concerning the offender, including information on the risk factors in the
1088	1088	32.34offender's history and the risk level to which the offender was assigned. After receiving this
1089	1089	32Sec. 27.
1090	1090	REVISOR EB/HL 25-0034402/17/25 33.1information, the law enforcement agency shall make the disclosures permitted or required
1091	1091	33.2by clause (2) or (3), as appropriate.
1092	1092	33.3 (c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
1093	1093	33.4 (1) the organizations or community members are in a location or in close proximity to
1094	1094	33.5a location where the offender lives or is employed, or which the offender visits or is likely
1095	1095	33.6to visit on a regular basis, other than the location of the offender's outpatient treatment
1096	1096	33.7program; and
1097	1097	33.8 (2) the types of interaction which ordinarily occur at that location and other circumstances
1098	1098	33.9indicate that contact with the offender is reasonably certain.
1099	1099	33.10 (d) A law enforcement agency or official who discloses information under this subdivision
1100	1100	33.11shall make a good faith effort to make the notification within 14 days of receipt of a
1101	1101	33.12confirmed address from the Department of Corrections indicating that the offender will be,
1102	1102	33.13or has been, released from confinement, or accepted for supervision, or has moved to a new
1103	1103	33.14address and will reside at the address indicated. If a change occurs in the release plan, this
1104	1104	33.15notification provision does not require an extension of the release date.
1105	1105	33.16 (e) A law enforcement agency or official who discloses information under this subdivision
1106	1106	33.17shall not disclose the identity or any identifying characteristics of the victims of or witnesses
1107	1107	33.18to the offender's offenses.
1108	1108	33.19 (f) A law enforcement agency shall continue to disclose information on an offender as
1109	1109	33.20required by this subdivision for as long as the offender is required to register under section
1110	1110	33.21243.166. This requirement on a law enforcement agency to continue to disclose information
1111	1111	33.22also applies to an offender who lacks a primary address and is registering under section
1112	1112	33.23243.166, subdivision 3a.
1113	1113	33.24 (g) A law enforcement agency that is disclosing information on an offender assigned to
1114	1114	33.25risk level III to the public under this subdivision shall inform the commissioner of corrections
1115	1115	33.26what information is being disclosed and forward this information to the commissioner within
1116	1116	33.27two days of the agency's determination. The commissioner shall post this information on
1117	1117	33.28the Internet as required in subdivision 4b.
1118	1118	33.29 (h) A city council may adopt a policy that addresses when information disclosed under
1119	1119	33.30this subdivision must be presented in languages in addition to English. The policy may
1120	1120	33.31address when information must be presented orally, in writing, or both in additional languages
1121	1121	33.32by the law enforcement agency disclosing the information. The policy may provide for
1122	1122	33Sec. 27.
1123	1123	REVISOR EB/HL 25-0034402/17/25 34.1different approaches based on the prevalence of non-English languages in different
1124	1124	34.2neighborhoods.
1125	1125	34.3 (i) An offender who is the subject of a community notification meeting held pursuant
1126	1126	34.4to this section may not attend the meeting.
1127	1127	34.5 (j) When a school, day care facility, or other entity or program that primarily educates
1128	1128	34.6or serves children receives notice under paragraph (b), clause (3), that a level III predatory
1129	1129	34.7offender resides or works in the surrounding community, notice to parents must be made
1130	1130	34.8as provided in this paragraph. If the predatory offender identified in the notice is participating
1131	1131	34.9in programs offered by the facility that require or allow the person to interact with children
1132	1132	34.10other than the person's children, the principal or head of the entity must notify parents with
1133	1133	34.11children at the facility of the contents of the notice received pursuant to this section. The
1134	1134	34.12immunity provisions of subdivision 7 apply to persons disclosing information under this
1135	1135	34.13paragraph.
1136	1136	34.14 (k) When an offender for whom notification was made under this subdivision no longer
1137	1137	34.15resides, is employed, or is regularly found in the area, and the law enforcement agency that
1138	1138	34.16made the notification is aware of this, the agency shall inform the entities and individuals
1139	1139	34.17initially notified of the change in the offender's status. If notification was made under
1140	1140	34.18paragraph (b), clause (3), the agency shall provide the updated information required under
1141	1141	34.19this paragraph in a manner designed to ensure a similar scope of dissemination. However,
1142	1142	34.20the agency is not required to hold a public meeting to do so.
1143	1143	34.21 EFFECTIVE DATE.This section is effective July 1, 2025.
1144	1144	34.22Sec. 28. Minnesota Statutes 2024, section 245.50, subdivision 2, is amended to read:
1145	1145	34.23 Subd. 2.Purpose and authority.(a) The purpose of this section is to enable appropriate
1146	1146	34.24treatment or detoxification services to be provided to individuals, across state lines from
1147	1147	34.25the individual's state of residence, in qualified facilities that are closer to the homes of
1148	1148	34.26individuals than are facilities available in the individual's home state.
1149	1149	34.27 (b) Unless prohibited by another law and subject to the exceptions listed in subdivision
1150	1150	34.283, a county board or, the commissioner of human services, or the Direct Care and Treatment
1151	1151	34.29executive board may contract with an agency or facility in a bordering state for mental
1152	1152	34.30health, chemical health, or detoxification services for residents of Minnesota, and a Minnesota
1153	1153	34.31mental health, chemical health, or detoxification agency or facility may contract to provide
1154	1154	34.32services to residents of bordering states. Except as provided in subdivision 5, a person who
1155	1155	34.33receives services in another state under this section is subject to the laws of the state in
1156	1156	34Sec. 28.
1157	1157	REVISOR EB/HL 25-0034402/17/25 35.1which services are provided. A person who will receive services in another state under this
1158	1158	35.2section must be informed of the consequences of receiving services in another state, including
1159	1159	35.3the implications of the differences in state laws, to the extent the individual will be subject
1160	1160	35.4to the laws of the receiving state.
1161	1161	35.5 EFFECTIVE DATE.This section is effective July 1, 2025.
1162	1162	35.6 Sec. 29. Minnesota Statutes 2024, section 245.91, subdivision 2, is amended to read:
1163	1163	35.7 Subd. 2.Agency."Agency" means the divisions, officials, or employees of the state
1164	1164	35.8Departments of Human Services, Direct Care and Treatment, Health, and Education,; Direct
1165	1165	35.9Care and Treatment; and of local school districts and designated county social service
1166	1166	35.10agencies as defined in section 256G.02, subdivision 7, that are engaged in monitoring,
1167	1167	35.11providing, or regulating services or treatment for mental illness, developmental disability,
1168	1168	35.12substance use disorder, or emotional disturbance.
1169	1169	35.13 EFFECTIVE DATE.This section is effective July 1, 2025.
1170	1170	35.14Sec. 30. Minnesota Statutes 2024, section 246.585, is amended to read:
1171	1171	35.15 246.585 CRISIS SERVICES.
1172	1172	35.16 Within the limits of appropriations, state-operated regional technical assistance must be
1173	1173	35.17available in each region to assist counties, Tribal Nations, residential and day programming
1174	1174	35.18staff vocational service providers, and families, and persons with disabilities to prevent or
1175	1175	35.19resolve crises that could lead to a change in placement person moving to a less integrated
1176	1176	35.20setting. Crisis capacity must be provided on all regional treatment center campuses serving
1177	1177	35.21persons with developmental disabilities. In addition, crisis capacity may be developed to
1178	1178	35.22serve 16 persons in the Twin Cities metropolitan area. Technical assistance and consultation
1179	1179	35.23must also be available in each region to providers and counties. Staff must be available to
1180	1180	35.24provide:
1181	1181	35.25 (1) individual assessments;
1182	1182	35.26 (2) program plan development and implementation assistance;
1183	1183	35.27 (3) analysis of service delivery problems; and
1184	1184	35.28 (4) assistance with transition planning, including technical assistance to counties, Tribal
1185	1185	35.29Nations, and service providers to develop new services, site the new services, and assist
1186	1186	35.30with community acceptance.
1187	1187	35Sec. 30.
1188	1188	REVISOR EB/HL 25-0034402/17/25 36.1 Sec. 31. Minnesota Statutes 2024, section 246C.06, subdivision 11, is amended to read:
1189	1189	36.2 Subd. 11.Rulemaking.(a) The executive board is authorized to adopt, amend, and
1190	1190	36.3repeal rules in accordance with chapter 14 to the extent necessary to implement this chapter
1191	1191	36.4or any responsibilities of Direct Care and Treatment specified in state law. The 18-month
1192	1192	36.5time limit under section 14.125 does not apply to the rulemaking authority under this
1193	1193	36.6subdivision.
1194	1194	36.7 (b) Until July 1, 2027, the executive board may adopt rules using the expedited
1195	1195	36.8rulemaking process in section 14.389.
1196	1196	36.9 (c) In accordance with section 15.039, all orders, rules, delegations, permits, and other
1197	1197	36.10privileges issued or granted by the Department of Human Services with respect to any
1198	1198	36.11function of Direct Care and Treatment and in effect at the time of the establishment of Direct
1199	1199	36.12Care and Treatment shall continue in effect as if such establishment had not occurred. The
1200	1200	36.13executive board may amend or repeal rules applicable to Direct Care and Treatment that
1201	1201	36.14were established by the Department of Human Services in accordance with chapter 14.
1202	1202	36.15 (d) The executive board must not adopt rules that go into effect or enforce rules prior
1203	1203	36.16to July 1, 2025.
1204	1204	36.17 EFFECTIVE DATE.This section is effective retroactively from July 1, 2024.
1205	1205	36.18Sec. 32. Minnesota Statutes 2024, section 246C.12, subdivision 6, is amended to read:
1206	1206	36.19 Subd. 6.Dissemination of Admission and stay criteria; dissemination.(a) The
1207	1207	36.20executive board shall establish standard admission and continued-stay criteria for
1208	1208	36.21state-operated services facilities to ensure that appropriate services are provided in the least
1209	1209	36.22restrictive setting.
1210	1210	36.23 (b) The executive board shall periodically disseminate criteria for admission and
1211	1211	36.24continued stay in a state-operated services facility. The executive board shall disseminate
1212	1212	36.25the criteria to the courts of the state and counties.
1213	1213	36.26 EFFECTIVE DATE.This section is effective July 1, 2025.
1214	1214	36.27Sec. 33. Minnesota Statutes 2024, section 246C.20, is amended to read:
1215	1215	36.28 246C.20 CONTRACT WITH DEPARTMENT OF HUMAN SERVICES FOR
1216	1216	36.29ADMINISTRATIVE SERVICES.
1217	1217	36.30 (a) Direct Care and Treatment shall contract with the Department of Human Services
1218	1218	36.31to provide determinations on issues of county of financial responsibility under chapter 256G
1219	1219	36Sec. 33.
1220	1220	REVISOR EB/HL 25-0034402/17/25 37.1and to provide administrative and judicial review of direct care and treatment matters
1221	1221	37.2according to section 256.045.
1222	1222	37.3 (b) The executive board may prescribe rules necessary to carry out this subdivision
1223	1223	37.4section, except that the executive board must not create any rule purporting to control the
1224	1224	37.5decision making or processes of state human services judges under section 256.045,
1225	1225	37.6subdivision 4, or the decision making or processes of the commissioner of human services
1226	1226	37.7issuing an advisory opinion or recommended order to the executive board under section
1227	1227	37.8256G.09, subdivision 3. The executive board must not create any rule purporting to control
1228	1228	37.9processes for determinations of financial responsibility under chapter 256G or administrative
1229	1229	37.10and judicial review under section 256.045 on matters outside of the jurisdiction of Direct
1230	1230	37.11Care and Treatment.
1231	1231	37.12 (c) The executive board and commissioner of human services may adopt joint rules
1232	1232	37.13necessary to accomplish the purposes of this section.
1233	1233	37.14Sec. 34. [246C.21] INTERVIEW EXPENSES.
1234	1234	37.15 Job applicants for professional, administrative, or highly technical positions recruited
1235	1235	37.16by the Direct Care and Treatment executive board may be reimbursed for necessary travel
1236	1236	37.17expenses to and from interviews arranged by the Direct Care and Treatment executive board.
1237	1237	37.18 EFFECTIVE DATE.This section is effective July 1, 2025.
1238	1238	37.19Sec. 35. [246C.211] FEDERAL GRANTS FOR MINNESOTA INDIANS.
1239	1239	37.20 The Direct Care and Treatment executive board is authorized to enter into contracts with
1240	1240	37.21the United States Departments of Health and Human Services; Education; and Interior,
1241	1241	37.22Bureau of Indian Affairs, for the purposes of receiving federal grants for the welfare and
1242	1242	37.23relief of Minnesota Indians.
1243	1243	37.24 EFFECTIVE DATE.This section is effective July 1, 2025.
1244	1244	37.25Sec. 36. Minnesota Statutes 2024, section 252.291, subdivision 3, is amended to read:
1245	1245	37.26 Subd. 3.Duties of commissioner of human services.The commissioner shall:
1246	1246	37.27 (1) establish standard admission criteria for state hospitals and county utilization targets
1247	1247	37.28to limit and reduce the number of intermediate care beds in state hospitals and community
1248	1248	37.29facilities in accordance with approved waivers under United States Code, title 42, sections
1249	1249	37.301396 to 1396p, as amended through December 31, 1987, to assure ensure that appropriate
1250	1250	37.31services are provided in the least restrictive setting;
1251	1251	37Sec. 36.
1252	1252	REVISOR EB/HL 25-0034402/17/25 38.1 (2) define services, including respite care, that may be needed in meeting individual
1253	1253	38.2service plan objectives;
1254	1254	38.3 (3) provide technical assistance so that county boards may establish a request for proposal
1255	1255	38.4system for meeting individual service plan objectives through home and community-based
1256	1256	38.5services; alternative community services; or, if no other alternative will meet the needs of
1257	1257	38.6identifiable individuals for whom the county is financially responsible, a new intermediate
1258	1258	38.7care facility for persons with developmental disabilities;
1259	1259	38.8 (4) establish a client tracking and evaluation system as required under applicable federal
1260	1260	38.9waiver regulations, Code of Federal Regulations, title 42, sections 431, 435, 440, and 441,
1261	1261	38.10as amended through December 31, 1987; and
1262	1262	38.11 (5) develop a state plan for the delivery and funding of residential day and support
1263	1263	38.12services to persons with developmental disabilities in Minnesota. The biennial developmental
1264	1264	38.13disability plan shall include but not be limited to:
1265	1265	38.14 (i) county by county maximum intermediate care bed utilization quotas;
1266	1266	38.15 (ii) plans for the development of the number and types of services alternative to
1267	1267	38.16intermediate care beds;
1268	1268	38.17 (iii) procedures for the administration and management of the plan;
1269	1269	38.18 (iv) procedures for the evaluation of the implementation of the plan; and
1270	1270	38.19 (v) the number, type, and location of intermediate care beds targeted for decertification.
1271	1271	38.20 The commissioner shall modify the plan to ensure conformance with the medical
1272	1272	38.21assistance home and community-based services waiver.
1273	1273	38.22 EFFECTIVE DATE.This section is effective July 1, 2025.
1274	1274	38.23Sec. 37. Minnesota Statutes 2024, section 252.50, subdivision 5, is amended to read:
1275	1275	38.24 Subd. 5.Location of programs.(a) In determining the location of state-operated,
1276	1276	38.25community-based programs, the needs of the individual client shall be paramount. The
1277	1277	38.26executive board shall also take into account:
1278	1278	38.27 (1) prioritization of beds services in state-operated, community-based programs for
1279	1279	38.28individuals with complex behavioral needs that cannot be met by private community-based
1280	1280	38.29providers;
1281	1281	38Sec. 37.
1282	1282	REVISOR EB/HL 25-0034402/17/25 39.1 (2) choices made by individuals who chose to move to a more integrated setting, and
1283	1283	39.2shall coordinate with the lead agency to ensure that appropriate person-centered transition
1284	1284	39.3plans are created;
1285	1285	39.4 (3) the personal preferences of the persons being served and their families as determined
1286	1286	39.5by Minnesota Rules, parts 9525.0004 to 9525.0036;
1287	1287	39.6 (4) the location of the support services established by the individual service plans of the
1288	1288	39.7persons being served;
1289	1289	39.8 (5) the appropriate grouping of the persons served;
1290	1290	39.9 (6) the availability of qualified staff;
1291	1291	39.10 (7) the need for state-operated, community-based programs in the geographical region
1292	1292	39.11of the state; and
1293	1293	39.12 (8) a reasonable commuting distance from a regional treatment center or the residences
1294	1294	39.13of the program staff.
1295	1295	39.14 (b) The executive board must locate state-operated, community-based programs in
1296	1296	39.15coordination with the commissioner of human services according to section 252.28.
1297	1297	39.16Sec. 38. Minnesota Statutes 2024, section 253B.09, subdivision 3a, is amended to read:
1298	1298	39.17 Subd. 3a.Reporting judicial commitments; private treatment program or
1299	1299	39.18facility.Notwithstanding section 253B.23, subdivision 9, when a court commits a patient
1300	1300	39.19to a non-state-operated treatment facility or program, the court shall report the commitment
1301	1301	39.20to the commissioner through the supreme court information system for purposes of providing
1302	1302	39.21commitment information for firearm background checks under section 246C.15. If the
1303	1303	39.22patient is committed to a state-operated treatment program, the court shall send a copy of
1304	1304	39.23the commitment order to the commissioner and the executive board.
1305	1305	39.24Sec. 39. Minnesota Statutes 2024, section 253B.10, subdivision 1, is amended to read:
1306	1306	39.25 Subdivision 1.Administrative requirements.(a) When a person is committed, the
1307	1307	39.26court shall issue a warrant or an order committing the patient to the custody of the head of
1308	1308	39.27the treatment facility, state-operated treatment program, or community-based treatment
1309	1309	39.28program. The warrant or order shall state that the patient meets the statutory criteria for
1310	1310	39.29civil commitment.
1311	1311	39.30 (b) The executive board shall prioritize civilly committed patients being admitted from
1312	1312	39.31jail or a correctional institution or who are referred to a state-operated treatment facility for
1313	1313	39Sec. 39.
1314	1314	REVISOR EB/HL 25-0034402/17/25 40.1competency attainment or a competency examination under sections 611.40 to 611.59 for
1315	1315	40.2admission to a medically appropriate state-operated direct care and treatment bed based on
1316	1316	40.3the decisions of physicians in the executive medical director's office, using a priority
1317	1317	40.4admissions framework. The framework must account for a range of factors for priority
1318	1318	40.5admission, including but not limited to:
1319	1319	40.6 (1) the length of time the person has been on a waiting list for admission to a
1320	1320	40.7state-operated direct care and treatment program since the date of the order under paragraph
1321	1321	40.8(a), or the date of an order issued under sections 611.40 to 611.59;
1322	1322	40.9 (2) the intensity of the treatment the person needs, based on medical acuity;
1323	1323	40.10 (3) the person's revoked provisional discharge status;
1324	1324	40.11 (4) the person's safety and safety of others in the person's current environment;
1325	1325	40.12 (5) whether the person has access to necessary or court-ordered treatment;
1326	1326	40.13 (6) distinct and articulable negative impacts of an admission delay on the facility referring
1327	1327	40.14the individual for treatment; and
1328	1328	40.15 (7) any relevant federal prioritization requirements.
1329	1329	40.16Patients described in this paragraph must be admitted to a state-operated treatment program
1330	1330	40.17within 48 hours. The commitment must be ordered by the court as provided in section
1331	1331	40.18253B.09, subdivision 1, paragraph (d). Patients committed to a secure treatment facility or
1332	1332	40.19less restrictive setting as ordered by the court under section 253B.18, subdivisions 1 and 2,
1333	1333	40.20must be prioritized for admission to a state-operated treatment program using the priority
1334	1334	40.21admissions framework in this paragraph.
1335	1335	40.22 (c) Upon the arrival of a patient at the designated treatment facility, state-operated
1336	1336	40.23treatment program, or community-based treatment program, the head of the facility or
1337	1337	40.24program shall retain the duplicate of the warrant and endorse receipt upon the original
1338	1338	40.25warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
1339	1339	40.26be filed in the court of commitment. After arrival, the patient shall be under the control and
1340	1340	40.27custody of the head of the facility or program.
1341	1341	40.28 (d) Copies of the petition for commitment, the court's findings of fact and conclusions
1342	1342	40.29of law, the court order committing the patient, the report of the court examiners, and the
1343	1343	40.30prepetition report, and any medical and behavioral information available shall be provided
1344	1344	40.31at the time of admission of a patient to the designated treatment facility or program to which
1345	1345	40.32the patient is committed. Upon a patient's referral to the executive board for admission
1346	1346	40.33pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, jail, or
1347	1347	40Sec. 39.
1348	1348	REVISOR EB/HL 25-0034402/17/25 41.1correctional facility that has provided care or supervision to the patient in the previous two
1349	1349	41.2years shall, when requested by the treatment facility or executive board, provide copies of
1350	1350	41.3the patient's medical and behavioral records to the executive board for purposes of
1351	1351	41.4preadmission planning. This information shall be provided by the head of the treatment
1352	1352	41.5facility to treatment facility staff in a consistent and timely manner and pursuant to all
1353	1353	41.6applicable laws.
1354	1354	41.7 (e) Patients described in paragraph (b) must be admitted to a state-operated treatment
1355	1355	41.8program within 48 hours of the Office of Executive Medical Director, under section 246C.09,
1356	1356	41.9or a designee determining that a medically appropriate bed is available. This paragraph
1357	1357	41.10expires on June 30, 2025.
1358	1358	41.11 (f) Within four business days of determining which state-operated direct care and
1359	1359	41.12treatment program or programs are appropriate for an individual, the executive medical
1360	1360	41.13director's office or a designee must notify the source of the referral and the responsible
1361	1361	41.14county human services agency, the individual being ordered to direct care and treatment,
1362	1362	41.15and the district court that issued the order of the determination. The notice shall include
1363	1363	41.16which program or programs are appropriate for the person's priority status. Any interested
1364	1364	41.17person may provide additional information or request updated priority status about the
1365	1365	41.18individual to the executive medical director's office or a designee while the individual is
1366	1366	41.19awaiting admission. Updated priority status of an individual will only be disclosed to
1367	1367	41.20interested persons who are legally authorized to receive private information about the
1368	1368	41.21individual. When an available bed has been identified, the executive medical director's
1369	1369	41.22office or a designee must notify the designated agency and the facility where the individual
1370	1370	41.23is awaiting admission that the individual has been accepted for admission to a particular
1371	1371	41.24state-operated direct care and treatment program and the earliest possible date the admission
1372	1372	41.25can occur. The designated agency or facility where the individual is awaiting admission
1373	1373	41.26must transport the individual to the admitting state-operated direct care and treatment
1374	1374	41.27program no more than 48 hours after the offered admission date.
1375	1375	41.28Sec. 40. Minnesota Statutes 2024, section 256.01, subdivision 2, is amended to read:
1376	1376	41.29 Subd. 2.Specific powers.Subject to the provisions of section 241.021, subdivision 2,
1377	1377	41.30the commissioner of human services shall carry out the specific duties in paragraphs (a)
1378	1378	41.31through (bb):
1379	1379	41.32 (a) Administer and supervise the forms of public assistance provided for by state law
1380	1380	41.33and other welfare activities or services that are vested in the commissioner. Administration
1381	1381	41.34and supervision of human services activities or services includes, but is not limited to,
1382	1382	41Sec. 40.
1383	1383	REVISOR EB/HL 25-0034402/17/25 42.1assuring timely and accurate distribution of benefits, completeness of service, and quality
1384	1384	42.2program management. In addition to administering and supervising human services activities
1385	1385	42.3vested by law in the department, the commissioner shall have the authority to:
1386	1386	42.4 (1) require county agency participation in training and technical assistance programs to
1387	1387	42.5promote compliance with statutes, rules, federal laws, regulations, and policies governing
1388	1388	42.6human services;
1389	1389	42.7 (2) monitor, on an ongoing basis, the performance of county agencies in the operation
1390	1390	42.8and administration of human services, enforce compliance with statutes, rules, federal laws,
1391	1391	42.9regulations, and policies governing welfare services and promote excellence of administration
1392	1392	42.10and program operation;
1393	1393	42.11 (3) develop a quality control program or other monitoring program to review county
1394	1394	42.12performance and accuracy of benefit determinations;
1395	1395	42.13 (4) require county agencies to make an adjustment to the public assistance benefits issued
1396	1396	42.14to any individual consistent with federal law and regulation and state law and rule and to
1397	1397	42.15issue or recover benefits as appropriate;
1398	1398	42.16 (5) delay or deny payment of all or part of the state and federal share of benefits and
1399	1399	42.17administrative reimbursement according to the procedures set forth in section 256.017;
1400	1400	42.18 (6) make contracts with and grants to public and private agencies and organizations,
1401	1401	42.19both profit and nonprofit, and individuals, using appropriated funds; and
1402	1402	42.20 (7) enter into contractual agreements with federally recognized Indian Tribes with a
1403	1403	42.21reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved
1404	1404	42.22family assistance program or any other program under the supervision of the commissioner.
1405	1405	42.23The commissioner shall consult with the affected county or counties in the contractual
1406	1406	42.24agreement negotiations, if the county or counties wish to be included, in order to avoid the
1407	1407	42.25duplication of county and Tribal assistance program services. The commissioner may
1408	1408	42.26establish necessary accounts for the purposes of receiving and disbursing funds as necessary
1409	1409	42.27for the operation of the programs.
1410	1410	42.28The commissioner shall work in conjunction with the commissioner of children, youth, and
1411	1411	42.29families to carry out the duties of this paragraph when necessary and feasible.
1412	1412	42.30 (b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
1413	1413	42.31regulation, and policy necessary to county agency administration of the programs.
1414	1414	42.32 (c) Administer and supervise all noninstitutional service to persons with disabilities,
1415	1415	42.33including persons who have vision impairments, and persons who are deaf, deafblind, and
1416	1416	42Sec. 40.
1417	1417	REVISOR EB/HL 25-0034402/17/25 43.1hard-of-hearing or with other disabilities. The commissioner may provide and contract for
1418	1418	43.2the care and treatment of qualified indigent children in facilities other than those located
1419	1419	43.3and available at state hospitals operated by the executive board when it is not feasible to
1420	1420	43.4provide the service in state hospitals operated by the executive board.
1421	1421	43.5 (d) Assist and actively cooperate with other departments, agencies and institutions, local,
1422	1422	43.6state, and federal, by performing services in conformity with the purposes of Laws 1939,
1423	1423	43.7chapter 431.
1424	1424	43.8 (e) Act as the agent of and cooperate with the federal government in matters of mutual
1425	1425	43.9concern relative to and in conformity with the provisions of Laws 1939, chapter 431,
1426	1426	43.10including the administration of any federal funds granted to the state to aid in the performance
1427	1427	43.11of any functions of the commissioner as specified in Laws 1939, chapter 431, and including
1428	1428	43.12the promulgation of rules making uniformly available medical care benefits to all recipients
1429	1429	43.13of public assistance, at such times as the federal government increases its participation in
1430	1430	43.14assistance expenditures for medical care to recipients of public assistance, the cost thereof
1431	1431	43.15to be borne in the same proportion as are grants of aid to said recipients.
1432	1432	43.16 (f) Establish and maintain any administrative units reasonably necessary for the
1433	1433	43.17performance of administrative functions common to all divisions of the department.
1434	1434	43.18 (g) Act as designated guardian of both the estate and the person of all the wards of the
1435	1435	43.19state of Minnesota, whether by operation of law or by an order of court, without any further
1436	1436	43.20act or proceeding whatever, except as to persons committed as developmentally disabled.
1437	1437	43.21 (h) Act as coordinating referral and informational center on requests for service for
1438	1438	43.22newly arrived immigrants coming to Minnesota.
1439	1439	43.23 (i) The specific enumeration of powers and duties as hereinabove set forth shall in no
1440	1440	43.24way be construed to be a limitation upon the general transfer of powers herein contained.
1441	1441	43.25 (j) Establish county, regional, or statewide schedules of maximum fees and charges
1442	1442	43.26which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
1443	1443	43.27nursing home care and medicine and medical supplies under all programs of medical care
1444	1444	43.28provided by the state and for congregate living care under the income maintenance programs.
1445	1445	43.29 (k) Have the authority to conduct and administer experimental projects to test methods
1446	1446	43.30and procedures of administering assistance and services to recipients or potential recipients
1447	1447	43.31of public welfare. To carry out such experimental projects, it is further provided that the
1448	1448	43.32commissioner of human services is authorized to waive the enforcement of existing specific
1449	1449	43.33statutory program requirements, rules, and standards in one or more counties. The order
1450	1450	43Sec. 40.
1451	1451	REVISOR EB/HL 25-0034402/17/25 44.1establishing the waiver shall provide alternative methods and procedures of administration,
1452	1452	44.2shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and
1453	1453	44.3in no event shall the duration of a project exceed four years. It is further provided that no
1454	1454	44.4order establishing an experimental project as authorized by the provisions of this section
1455	1455	44.5shall become effective until the following conditions have been met:
1456	1456	44.6 (1) the United States Secretary of Health and Human Services has agreed, for the same
1457	1457	44.7project, to waive state plan requirements relative to statewide uniformity; and
1458	1458	44.8 (2) a comprehensive plan, including estimated project costs, shall be approved by the
1459	1459	44.9Legislative Advisory Commission and filed with the commissioner of administration.
1460	1460	44.10 (l) According to federal requirements and in coordination with the commissioner of
1461	1461	44.11children, youth, and families, establish procedures to be followed by local welfare boards
1462	1462	44.12in creating citizen advisory committees, including procedures for selection of committee
1463	1463	44.13members.
1464	1464	44.14 (m) Allocate federal fiscal disallowances or sanctions which are based on quality control
1465	1465	44.15error rates for medical assistance in the following manner:
1466	1466	44.16 (1) one-half of the total amount of the disallowance shall be borne by the county boards
1467	1467	44.17responsible for administering the programs. Disallowances shall be shared by each county
1468	1468	44.18board in the same proportion as that county's expenditures for the sanctioned program are
1469	1469	44.19to the total of all counties' expenditures for medical assistance. Each county shall pay its
1470	1470	44.20share of the disallowance to the state of Minnesota. When a county fails to pay the amount
1471	1471	44.21due hereunder, the commissioner may deduct the amount from reimbursement otherwise
1472	1472	44.22due the county, or the attorney general, upon the request of the commissioner, may institute
1473	1473	44.23civil action to recover the amount due; and
1474	1474	44.24 (2) notwithstanding the provisions of clause (1), if the disallowance results from knowing
1475	1475	44.25noncompliance by one or more counties with a specific program instruction, and that knowing
1476	1476	44.26noncompliance is a matter of official county board record, the commissioner may require
1477	1477	44.27payment or recover from the county or counties, in the manner prescribed in clause (1), an
1478	1478	44.28amount equal to the portion of the total disallowance which resulted from the noncompliance,
1479	1479	44.29and may distribute the balance of the disallowance according to clause (1).
1480	1480	44.30 (n) Develop and implement special projects that maximize reimbursements and result
1481	1481	44.31in the recovery of money to the state. For the purpose of recovering state money, the
1482	1482	44.32commissioner may enter into contracts with third parties. Any recoveries that result from
1483	1483	44.33projects or contracts entered into under this paragraph shall be deposited in the state treasury
1484	1484	44.34and credited to a special account until the balance in the account reaches $1,000,000. When
1485	1485	44Sec. 40.
1486	1486	REVISOR EB/HL 25-0034402/17/25 45.1the balance in the account exceeds $1,000,000, the excess shall be transferred and credited
1487	1487	45.2to the general fund. All money in the account is appropriated to the commissioner for the
1488	1488	45.3purposes of this paragraph.
1489	1489	45.4 (o) Have the authority to establish and enforce the following county reporting
1490	1490	45.5requirements:
1491	1491	45.6 (1) the commissioner shall establish fiscal and statistical reporting requirements necessary
1492	1492	45.7to account for the expenditure of funds allocated to counties for human services programs.
1493	1493	45.8When establishing financial and statistical reporting requirements, the commissioner shall
1494	1494	45.9evaluate all reports, in consultation with the counties, to determine if the reports can be
1495	1495	45.10simplified or the number of reports can be reduced;
1496	1496	45.11 (2) the county board shall submit monthly or quarterly reports to the department as
1497	1497	45.12required by the commissioner. Monthly reports are due no later than 15 working days after
1498	1498	45.13the end of the month. Quarterly reports are due no later than 30 calendar days after the end
1499	1499	45.14of the quarter, unless the commissioner determines that the deadline must be shortened to
1500	1500	45.1520 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss
1501	1501	45.16of federal funding. Only reports that are complete, legible, and in the required format shall
1502	1502	45.17be accepted by the commissioner;
1503	1503	45.18 (3) if the required reports are not received by the deadlines established in clause (2), the
1504	1504	45.19commissioner may delay payments and withhold funds from the county board until the next
1505	1505	45.20reporting period. When the report is needed to account for the use of federal funds and the
1506	1506	45.21late report results in a reduction in federal funding, the commissioner shall withhold from
1507	1507	45.22the county boards with late reports an amount equal to the reduction in federal funding until
1508	1508	45.23full federal funding is received;
1509	1509	45.24 (4) a county board that submits reports that are late, illegible, incomplete, or not in the
1510	1510	45.25required format for two out of three consecutive reporting periods is considered
1511	1511	45.26noncompliant. When a county board is found to be noncompliant, the commissioner shall
1512	1512	45.27notify the county board of the reason the county board is considered noncompliant and
1513	1513	45.28request that the county board develop a corrective action plan stating how the county board
1514	1514	45.29plans to correct the problem. The corrective action plan must be submitted to the
1515	1515	45.30commissioner within 45 days after the date the county board received notice of
1516	1516	45.31noncompliance;
1517	1517	45.32 (5) the final deadline for fiscal reports or amendments to fiscal reports is one year after
1518	1518	45.33the date the report was originally due. If the commissioner does not receive a report by the
1519	1519	45.34final deadline, the county board forfeits the funding associated with the report for that
1520	1520	45Sec. 40.
1521	1521	REVISOR EB/HL 25-0034402/17/25 46.1reporting period and the county board must repay any funds associated with the report
1522	1522	46.2received for that reporting period;
1523	1523	46.3 (6) the commissioner may not delay payments, withhold funds, or require repayment
1524	1524	46.4under clause (3) or (5) if the county demonstrates that the commissioner failed to provide
1525	1525	46.5appropriate forms, guidelines, and technical assistance to enable the county to comply with
1526	1526	46.6the requirements. If the county board disagrees with an action taken by the commissioner
1527	1527	46.7under clause (3) or (5), the county board may appeal the action according to sections 14.57
1528	1528	46.8to 14.69; and
1529	1529	46.9 (7) counties subject to withholding of funds under clause (3) or forfeiture or repayment
1530	1530	46.10of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover
1531	1531	46.11costs incurred due to actions taken by the commissioner under clause (3) or (5).
1532	1532	46.12 (p) Allocate federal fiscal disallowances or sanctions for audit exceptions when federal
1533	1533	46.13fiscal disallowances or sanctions are based on a statewide random sample in direct proportion
1534	1534	46.14to each county's claim for that period.
1535	1535	46.15 (q) Be responsible for ensuring the detection, prevention, investigation, and resolution
1536	1536	46.16of fraudulent activities or behavior by applicants, recipients, and other participants in the
1537	1537	46.17human services programs administered by the department.
1538	1538	46.18 (r) Require county agencies to identify overpayments, establish claims, and utilize all
1539	1539	46.19available and cost-beneficial methodologies to collect and recover these overpayments in
1540	1540	46.20the human services programs administered by the department.
1541	1541	46.21 (s) Have the authority to administer the federal drug rebate program for drugs purchased
1542	1542	46.22under the medical assistance program as allowed by section 1927 of title XIX of the Social
1543	1543	46.23Security Act and according to the terms and conditions of section 1927. Rebates shall be
1544	1544	46.24collected for all drugs that have been dispensed or administered in an outpatient setting and
1545	1545	46.25that are from manufacturers who have signed a rebate agreement with the United States
1546	1546	46.26Department of Health and Human Services.
1547	1547	46.27 (t) Have the authority to administer a supplemental drug rebate program for drugs
1548	1548	46.28purchased under the medical assistance program. The commissioner may enter into
1549	1549	46.29supplemental rebate contracts with pharmaceutical manufacturers and may require prior
1550	1550	46.30authorization for drugs that are from manufacturers that have not signed a supplemental
1551	1551	46.31rebate contract. Prior authorization of drugs shall be subject to the provisions of section
1552	1552	46.32256B.0625, subdivision 13.
1553	1553	46Sec. 40.
1554	1554	REVISOR EB/HL 25-0034402/17/25 47.1 (u) Operate the department's communication systems account established in Laws 1993,
1555	1555	47.2First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
1556	1556	47.3communication costs necessary for the operation of the programs the commissioner
1557	1557	47.4supervises. Each account must be used to manage shared communication costs necessary
1558	1558	47.5for the operations of the programs the commissioner supervises. The commissioner may
1559	1559	47.6distribute the costs of operating and maintaining communication systems to participants in
1560	1560	47.7a manner that reflects actual usage. Costs may include acquisition, licensing, insurance,
1561	1561	47.8maintenance, repair, staff time and other costs as determined by the commissioner. Nonprofit
1562	1562	47.9organizations and state, county, and local government agencies involved in the operation
1563	1563	47.10of programs the commissioner supervises may participate in the use of the department's
1564	1564	47.11communications technology and share in the cost of operation. The commissioner may
1565	1565	47.12accept on behalf of the state any gift, bequest, devise or personal property of any kind, or
1566	1566	47.13money tendered to the state for any lawful purpose pertaining to the communication activities
1567	1567	47.14of the department. Any money received for this purpose must be deposited in the department's
1568	1568	47.15communication systems accounts. Money collected by the commissioner for the use of
1569	1569	47.16communication systems must be deposited in the state communication systems account and
1570	1570	47.17is appropriated to the commissioner for purposes of this section.
1571	1571	47.18 (v) Receive any federal matching money that is made available through the medical
1572	1572	47.19assistance program for the consumer satisfaction survey. Any federal money received for
1573	1573	47.20the survey is appropriated to the commissioner for this purpose. The commissioner may
1574	1574	47.21expend the federal money received for the consumer satisfaction survey in either year of
1575	1575	47.22the biennium.
1576	1576	47.23 (w) Designate community information and referral call centers and incorporate cost
1577	1577	47.24reimbursement claims from the designated community information and referral call centers
1578	1578	47.25into the federal cost reimbursement claiming processes of the department according to
1579	1579	47.26federal law, rule, and regulations. Existing information and referral centers provided by
1580	1580	47.27Greater Twin Cities United Way or existing call centers for which Greater Twin Cities
1581	1581	47.28United Way has legal authority to represent, shall be included in these designations upon
1582	1582	47.29review by the commissioner and assurance that these services are accredited and in
1583	1583	47.30compliance with national standards. Any reimbursement is appropriated to the commissioner
1584	1584	47.31and all designated information and referral centers shall receive payments according to
1585	1585	47.32normal department schedules established by the commissioner upon final approval of
1586	1586	47.33allocation methodologies from the United States Department of Health and Human Services
1587	1587	47.34Division of Cost Allocation or other appropriate authorities.
1588	1588	47Sec. 40.
1589	1589	REVISOR EB/HL 25-0034402/17/25 48.1 (x) Develop recommended standards for adult foster care homes that address the
1590	1590	48.2components of specialized therapeutic services to be provided by adult foster care homes
1591	1591	48.3with those services.
1592	1592	48.4 (y) Authorize the method of payment to or from the department as part of the human
1593	1593	48.5services programs administered by the department. This authorization includes the receipt
1594	1594	48.6or disbursement of funds held by the department in a fiduciary capacity as part of the human
1595	1595	48.7services programs administered by the department.
1596	1596	48.8 (z) Designate the agencies that operate the Senior LinkAge Line under section 256.975,
1597	1597	48.9subdivision 7, and the Disability Hub under subdivision 24 as the state of Minnesota Aging
1598	1598	48.10and Disability Resource Center under United States Code, title 42, section 3001, the Older
1599	1599	48.11Americans Act Amendments of 2006, and incorporate cost reimbursement claims from the
1600	1600	48.12designated centers into the federal cost reimbursement claiming processes of the department
1601	1601	48.13according to federal law, rule, and regulations. Any reimbursement must be appropriated
1602	1602	48.14to the commissioner and treated consistent with section 256.011. All Aging and Disability
1603	1603	48.15Resource Center designated agencies shall receive payments of grant funding that supports
1604	1604	48.16the activity and generates the federal financial participation according to Board on Aging
1605	1605	48.17administrative granting mechanisms.
1606	1606	48.18 EFFECTIVE DATE.This section is effective July 1, 2025.
1607	1607	48.19Sec. 41. Minnesota Statutes 2024, section 256.01, subdivision 5, is amended to read:
1608	1608	48.20 Subd. 5.Gifts, contributions, pensions and benefits; acceptance.The commissioner
1609	1609	48.21may receive and accept on behalf of patients and residents at the several state hospitals for
1610	1610	48.22persons with mental illness or developmental disabilities during the period of their
1611	1611	48.23hospitalization and while on provisional discharge therefrom, money due and payable to
1612	1612	48.24them as old age and survivors insurance benefits, veterans benefits, pensions or other such
1613	1613	48.25monetary benefits. Such gifts, contributions, pensions and benefits shall be deposited in and
1614	1614	48.26disbursed from the social welfare fund provided for in sections 256.88 to 256.92.
1615	1615	48.27 EFFECTIVE DATE.This section is effective July 1, 2025.
1616	1616	48.28Sec. 42. Minnesota Statutes 2024, section 256.019, subdivision 1, is amended to read:
1617	1617	48.29 Subdivision 1.Retention rates.When an assistance recovery amount is collected and
1618	1618	48.30posted by a county agency under the provisions governing public assistance programs
1619	1619	48.31including general assistance medical care formerly codified in chapter 256D, general
1620	1620	48.32assistance, and Minnesota supplemental aid, the county may keep one-half of the recovery
1621	1621	48Sec. 42.
1622	1622	REVISOR EB/HL 25-0034402/17/25 49.1made by the county agency using any method other than recoupment. For medical assistance,
1623	1623	49.2if the recovery is made by a county agency using any method other than recoupment, the
1624	1624	49.3county may keep one-half of the nonfederal share of the recovery. For MinnesotaCare, if
1625	1625	49.4the recovery is collected and posted by the county agency, the county may keep one-half
1626	1626	49.5of the nonfederal share of the recovery.
1627	1627	49.6 This does not apply to recoveries from medical providers or to recoveries begun by the
1628	1628	49.7Department of Human Services' Surveillance and Utilization Review Division, State Hospital
1629	1629	49.8Collections Unit, and the Benefit Recoveries Division or, by the Direct Care and Treatment
1630	1630	49.9State Hospital Collections Unit, the attorney general's office, or child support collections.
1631	1631	49.10 EFFECTIVE DATE.This section is effective July 1, 2025.
1632	1632	49.11Sec. 43. Minnesota Statutes 2024, section 256.0281, is amended to read:
1633	1633	49.12 256.0281 INTERAGENCY DATA EXCHANGE.
1634	1634	49.13 (a) The Department of Human Services, the Department of Health, Direct Care and
1635	1635	49.14Treatment, and the Office of the Ombudsman for Mental Health and Developmental
1636	1636	49.15Disabilities may establish interagency agreements governing the electronic exchange of
1637	1637	49.16data on providers and individuals collected, maintained, or used by each agency when such
1638	1638	49.17exchange is outlined by each agency in an interagency agreement to accomplish the purposes
1639	1639	49.18in clauses (1) to (4):
1640	1640	49.19 (1) to improve provider enrollment processes for home and community-based services
1641	1641	49.20and state plan home care services;
1642	1642	49.21 (2) to improve quality management of providers between state agencies;
1643	1643	49.22 (3) to establish and maintain provider eligibility to participate as providers under
1644	1644	49.23Minnesota health care programs; or
1645	1645	49.24 (4) to meet the quality assurance reporting requirements under federal law under section
1646	1646	49.251915(c) of the Social Security Act related to home and community-based waiver programs.
1647	1647	49.26 (b) Each interagency agreement must include provisions to ensure anonymity of
1648	1648	49.27individuals, including mandated reporters, and must outline the specific uses of and access
1649	1649	49.28to shared data within each agency. Electronic interfaces between source data systems
1650	1650	49.29developed under these interagency agreements must incorporate these provisions as well
1651	1651	49.30as other HIPAA provisions related to individual data.
1652	1652	49.31 EFFECTIVE DATE.This section is effective July 1, 2025.
1653	1653	49Sec. 43.
1654	1654	REVISOR EB/HL 25-0034402/17/25 50.1 Sec. 44. Minnesota Statutes 2024, section 256.0451, subdivision 1, is amended to read:
1655	1655	50.2 Subdivision 1.Scope.(a) The requirements in this section apply to all fair hearings and
1656	1656	50.3appeals under sections 142A.20, subdivision 2, and 256.045, subdivision 3, paragraph (a),
1657	1657	50.4clauses (1), (2), (3), (5), (6), (7), (10), and (12). Except as provided in subdivisions 3 and
1658	1658	50.519, the requirements under this section apply to fair hearings and appeals under section
1659	1659	50.6256.045, subdivision 3, paragraph (a), clauses (4), (8), (9), and (11).
1660	1660	50.7 (b) For purposes of this section, "person" means an individual who, on behalf of
1661	1661	50.8themselves or their household, is appealing or disputing or challenging an action, a decision,
1662	1662	50.9or a failure to act, by an agency in the human services system subject to this section. When
1663	1663	50.10a person involved in a proceeding under this section is represented by an attorney or by an
1664	1664	50.11authorized representative, the term "person" also means the person's attorney or authorized
1665	1665	50.12representative. Any notice sent to the person involved in the hearing must also be sent to
1666	1666	50.13the person's attorney or authorized representative.
1667	1667	50.14 (c) For purposes of this section, "agency" means the a county human services agency,
1668	1668	50.15the a state human services agency, and, where applicable, any entity involved under a
1669	1669	50.16contract, subcontract, grant, or subgrant with the state agency or with a county agency, that
1670	1670	50.17provides or operates programs or services in which appeals are governed by section 256.045.
1671	1671	50.18 (d) For purposes of this section, "state agency" means the Department of Human Services;
1672	1672	50.19the Department of Health; the Department of Education; the Department of Children, Youth,
1673	1673	50.20and Families; or Direct Care and Treatment.
1674	1674	50.21Sec. 45. Minnesota Statutes 2024, section 256.0451, subdivision 3, is amended to read:
1675	1675	50.22 Subd. 3.Agency appeal summary.(a) Except in fair hearings and appeals under section
1676	1676	50.23256.045, subdivision 3, paragraph (a), clauses (4), (9), and (10), the agency involved in an
1677	1677	50.24appeal must prepare a state agency appeal summary for each fair hearing appeal. The state
1678	1678	50.25agency appeal summary shall be mailed or otherwise delivered to the person who is involved
1679	1679	50.26in the appeal at least three working days before the date of the hearing. The state agency
1680	1680	50.27appeal summary must also be mailed or otherwise delivered to the department's Department
1681	1681	50.28of Human Services' Appeals Office at least three working days before the date of the fair
1682	1682	50.29hearing appeal.
1683	1683	50.30 (b) In addition, the human services judge shall confirm that the state agency appeal
1684	1684	50.31summary is mailed or otherwise delivered to the person involved in the appeal as required
1685	1685	50.32under paragraph (a). The person involved in the fair hearing should be provided, through
1686	1686	50.33the state agency appeal summary or other reasonable methods, appropriate information
1687	1687	50Sec. 45.
1688	1688	REVISOR EB/HL 25-0034402/17/25 51.1about the procedures for the fair hearing and an adequate opportunity to prepare. These
1689	1689	51.2requirements apply equally to the state agency or an entity under contract when involved
1690	1690	51.3in the appeal.
1691	1691	51.4 (c) The contents of the state agency appeal summary must be adequate to inform the
1692	1692	51.5person involved in the appeal of the evidence on which the agency relies and the legal basis
1693	1693	51.6for the agency's action or determination.
1694	1694	51.7 Sec. 46. Minnesota Statutes 2024, section 256.0451, subdivision 6, is amended to read:
1695	1695	51.8 Subd. 6.Appeal request for emergency assistance or urgent matter.(a) When an
1696	1696	51.9appeal involves an application for emergency assistance, the agency involved shall mail or
1697	1697	51.10otherwise deliver the state agency appeal summary to the department's Department of Human
1698	1698	51.11Services' Appeals Office within two working days of receiving the request for an appeal.
1699	1699	51.12A person may also request that a fair hearing be held on an emergency basis when the issue
1700	1700	51.13requires an immediate resolution. The human services judge shall schedule the fair hearing
1701	1701	51.14on the earliest available date according to the urgency of the issue involved. Issuance of the
1702	1702	51.15recommended decision after an emergency hearing shall be expedited.
1703	1703	51.16 (b) The applicable commissioner or executive board shall issue a written decision within
1704	1704	51.17five working days of receiving the recommended decision, shall immediately inform the
1705	1705	51.18parties of the outcome by telephone, and shall mail the decision no later than two working
1706	1706	51.19days following the date of the decision.
1707	1707	51.20Sec. 47. Minnesota Statutes 2024, section 256.0451, subdivision 8, is amended to read:
1708	1708	51.21 Subd. 8.Subpoenas.A person involved in a fair hearing or the agency may request a
1709	1709	51.22subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall
1710	1710	51.23be issued to require the attendance and the testimony of witnesses, and the production of
1711	1711	51.24evidence relating to any issue of fact in the appeal hearing. The request for a subpoena must
1712	1712	51.25show a need for the subpoena and the general relevance to the issues involved. The subpoena
1713	1713	51.26shall be issued in the name of the Department of Human Services and shall be served and
1714	1714	51.27enforced as provided in section 357.22 and the Minnesota Rules of Civil Procedure.
1715	1715	51.28 An individual or entity served with a subpoena may petition the human services judge
1716	1716	51.29in writing to vacate or modify a subpoena. The human services judge shall resolve such a
1717	1717	51.30petition in a prehearing conference involving all parties and shall make a written decision.
1718	1718	51.31A subpoena may be vacated or modified if the human services judge determines that the
1719	1719	51.32testimony or evidence sought does not relate with reasonable directness to the issues of the
1720	1720	51.33fair hearing appeal; that the subpoena is unreasonable, over broad, or oppressive; that the
1721	1721	51Sec. 47.
1722	1722	REVISOR EB/HL 25-0034402/17/25 52.1evidence sought is repetitious or cumulative; or that the subpoena has not been served
1723	1723	52.2reasonably in advance of the time when the appeal hearing will be held.
1724	1724	52.3 Sec. 48. Minnesota Statutes 2024, section 256.0451, subdivision 9, is amended to read:
1725	1725	52.4 Subd. 9.No ex parte contact.The human services judge shall not have ex parte contact
1726	1726	52.5on substantive issues with the agency or with any person or witness in a fair hearing appeal.
1727	1727	52.6No employee of the Department or an agency shall review, interfere with, change, or attempt
1728	1728	52.7to influence the recommended decision of the human services judge in any fair hearing
1729	1729	52.8appeal, except through the procedure allowed in subdivision 18. The limitations in this
1730	1730	52.9subdivision do not affect the applicable commissioner's or executive board's authority to
1731	1731	52.10review or reconsider decisions or make final decisions.
1732	1732	52.11Sec. 49. Minnesota Statutes 2024, section 256.0451, subdivision 18, is amended to read:
1733	1733	52.12 Subd. 18.Inviting comment by department state agency.The human services judge
1734	1734	52.13or the applicable commissioner or executive board may determine that a written comment
1735	1735	52.14by the department state agency about the policy implications of a specific legal issue could
1736	1736	52.15help resolve a pending appeal. Such a written policy comment from the department state
1737	1737	52.16agency shall be obtained only by a written request that is also sent to the person involved
1738	1738	52.17and to the agency or its representative. When such a written comment is received, both the
1739	1739	52.18person involved in the hearing and the agency shall have adequate opportunity to review,
1740	1740	52.19evaluate, and respond to the written comment, including submission of additional testimony
1741	1741	52.20or evidence, and cross-examination concerning the written comment.
1742	1742	52.21Sec. 50. Minnesota Statutes 2024, section 256.0451, subdivision 22, is amended to read:
1743	1743	52.22 Subd. 22.Decisions.A timely, written decision must be issued in every appeal. Each
1744	1744	52.23decision must contain a clear ruling on the issues presented in the appeal hearing and should
1745	1745	52.24contain a ruling only on questions directly presented by the appeal and the arguments raised
1746	1746	52.25in the appeal.
1747	1747	52.26 (a) A written decision must be issued within 90 days of the date the person involved
1748	1748	52.27requested the appeal unless a shorter time is required by law. An additional 30 days is
1749	1749	52.28provided in those cases where the applicable commissioner or executive board refuses to
1750	1750	52.29accept the recommended decision. In appeals of maltreatment determinations or
1751	1751	52.30disqualifications filed pursuant to section 256.045, subdivision 3, paragraph (a), clause (4),
1752	1752	52.31(8), or (9), that also give rise to possible licensing actions, the 90-day period for issuing
1753	1753	52.32final decisions does not begin until the later of the date that the licensing authority provides
1754	1754	52Sec. 50.
1755	1755	REVISOR EB/HL 25-0034402/17/25 53.1notice to the appeals division that the authority has made the final determination in the
1756	1756	53.2matter or the date the appellant files the last appeal in the consolidated matters.
1757	1757	53.3 (b) The decision must contain both findings of fact and conclusions of law, clearly
1758	1758	53.4separated and identified. The findings of fact must be based on the entire record. Each
1759	1759	53.5finding of fact made by the human services judge shall be supported by a preponderance
1760	1760	53.6of the evidence unless a different standard is required under the regulations of a particular
1761	1761	53.7program. The "preponderance of the evidence" means, in light of the record as a whole, the
1762	1762	53.8evidence leads the human services judge to believe that the finding of fact is more likely to
1763	1763	53.9be true than not true. The legal claims or arguments of a participant do not constitute either
1764	1764	53.10a finding of fact or a conclusion of law, except to the extent the human services judge adopts
1765	1765	53.11an argument as a finding of fact or conclusion of law.
1766	1766	53.12 The decision shall contain at least the following:
1767	1767	53.13 (1) a listing of the date and place of the hearing and the participants at the hearing;
1768	1768	53.14 (2) a clear and precise statement of the issues, including the dispute under consideration
1769	1769	53.15and the specific points which must be resolved in order to decide the case;
1770	1770	53.16 (3) a listing of the material, including exhibits, records, reports, placed into evidence at
1771	1771	53.17the hearing, and upon which the hearing decision is based;
1772	1772	53.18 (4) the findings of fact based upon the entire hearing record. The findings of fact must
1773	1773	53.19be adequate to inform the participants and any interested person in the public of the basis
1774	1774	53.20of the decision. If the evidence is in conflict on an issue which must be resolved, the findings
1775	1775	53.21of fact must state the reasoning used in resolving the conflict;
1776	1776	53.22 (5) conclusions of law that address the legal authority for the hearing and the ruling, and
1777	1777	53.23which give appropriate attention to the claims of the participants to the hearing;
1778	1778	53.24 (6) a clear and precise statement of the decision made resolving the dispute under
1779	1779	53.25consideration in the hearing; and
1780	1780	53.26 (7) written notice of the right to appeal to district court or to request reconsideration,
1781	1781	53.27and of the actions required and the time limits for taking appropriate action to appeal to
1782	1782	53.28district court or to request a reconsideration.
1783	1783	53.29 (c) The human services judge shall not independently investigate facts or otherwise rely
1784	1784	53.30on information not presented at the hearing. The human services judge may not contact
1785	1785	53.31other agency personnel, except as provided in subdivision 18. The human services judge's
1786	1786	53.32recommended decision must be based exclusively on the testimony and evidence presented
1787	1787	53Sec. 50.
1788	1788	REVISOR EB/HL 25-0034402/17/25 54.1at the hearing, and legal arguments presented, and the human services judge's research and
1789	1789	54.2knowledge of the law.
1790	1790	54.3 (d) The applicable commissioner will or executive board must review the recommended
1791	1791	54.4decision and accept or refuse to accept the decision according to section 142A.20, subdivision
1792	1792	54.53, or 256.045, subdivision 5 or 5a.
1793	1793	54.6 Sec. 51. Minnesota Statutes 2024, section 256.0451, subdivision 23, is amended to read:
1794	1794	54.7 Subd. 23.Refusal to accept recommended orders.(a) If the applicable commissioner
1795	1795	54.8or executive board refuses to accept the recommended order from the human services judge,
1796	1796	54.9the person involved, the person's attorney or authorized representative, and the agency shall
1797	1797	54.10be sent a copy of the recommended order, a detailed explanation of the basis for refusing
1798	1798	54.11to accept the recommended order, and the proposed modified order.
1799	1799	54.12 (b) The person involved and the agency shall have at least ten business days to respond
1800	1800	54.13to the proposed modification of the recommended order. The person involved and the agency
1801	1801	54.14may submit a legal argument concerning the proposed modification, and may propose to
1802	1802	54.15submit additional evidence that relates to the proposed modified order.
1803	1803	54.16Sec. 52. Minnesota Statutes 2024, section 256.0451, subdivision 24, is amended to read:
1804	1804	54.17 Subd. 24.Reconsideration.(a) Reconsideration may be requested within 30 days of
1805	1805	54.18the date of the applicable commissioner's or executive board's final order. If reconsideration
1806	1806	54.19is requested under section 142A.20, subdivision 3, or 256.045, subdivision 5 or 5a, the other
1807	1807	54.20participants in the appeal shall be informed of the request. The person seeking reconsideration
1808	1808	54.21has the burden to demonstrate why the matter should be reconsidered. The request for
1809	1809	54.22reconsideration may include legal argument and may include proposed additional evidence
1810	1810	54.23supporting the request. The other participants shall be sent a copy of all material submitted
1811	1811	54.24in support of the request for reconsideration and must be given ten days to respond.
1812	1812	54.25 (b) When the requesting party raises a question as to the appropriateness of the findings
1813	1813	54.26of fact, the applicable commissioner or executive board shall review the entire record.
1814	1814	54.27 (c) When the requesting party questions the appropriateness of a conclusion of law, the
1815	1815	54.28applicable commissioner or executive board shall consider the recommended decision, the
1816	1816	54.29decision under reconsideration, and the material submitted in connection with the
1817	1817	54.30reconsideration. The applicable commissioner or executive board shall review the remaining
1818	1818	54.31record as necessary to issue a reconsidered decision.
1819	1819	54Sec. 52.
1820	1820	REVISOR EB/HL 25-0034402/17/25 55.1 (d) The applicable commissioner or executive board shall issue a written decision on
1821	1821	55.2reconsideration in a timely fashion. The decision must clearly inform the parties that this
1822	1822	55.3constitutes the final administrative decision, advise the participants of the right to seek
1823	1823	55.4judicial review, and the deadline for doing so.
1824	1824	55.5 Sec. 53. Minnesota Statutes 2024, section 256.4825, is amended to read:
1825	1825	55.6 256.4825 REPORT REGARDING PROGRAMS AND SERVICES FOR PEOPLE
1826	1826	55.7WITH DISABILITIES.
1827	1827	55.8 The Minnesota State Council on Disability, the Minnesota Consortium for Citizens with
1828	1828	55.9Disabilities, and the Arc of Minnesota may submit an annual report by January 15 of each
1829	1829	55.10year, beginning in 2012, to the chairs and ranking minority members of the legislative
1830	1830	55.11committees with jurisdiction over programs serving people with disabilities as provided in
1831	1831	55.12this section. The report must describe the existing state policies and goals for programs
1832	1832	55.13serving people with disabilities including, but not limited to, programs for employment,
1833	1833	55.14transportation, housing, education, quality assurance, consumer direction, physical and
1834	1834	55.15programmatic access, and health. The report must provide data and measurements to assess
1835	1835	55.16the extent to which the policies and goals are being met. The commissioner of human
1836	1836	55.17services, the Direct Care and Treatment executive board, and the commissioners of other
1837	1837	55.18state agencies administering programs for people with disabilities shall cooperate with the
1838	1838	55.19Minnesota State Council on Disability, the Minnesota Consortium for Citizens with
1839	1839	55.20Disabilities, and the Arc of Minnesota and provide those organizations with existing
1840	1840	55.21published information and reports that will assist in the preparation of the report.
1841	1841	55.22 EFFECTIVE DATE.This section is effective July 1, 2025.
1842	1842	55.23Sec. 54. Minnesota Statutes 2024, section 256.93, subdivision 1, is amended to read:
1843	1843	55.24 Subdivision 1.Limitations.In any case where the guardianship of any child with a
1844	1844	55.25developmental disability or who is disabled, dependent, neglected or delinquent, or a child
1845	1845	55.26born to a mother who was not married to the child's father when the child was conceived
1846	1846	55.27nor when the child was born, has been committed appointed to the commissioner of human
1847	1847	55.28services, and in any case where the guardianship of any person with a developmental
1848	1848	55.29disability has been committed appointed to the commissioner of human services, the court
1849	1849	55.30having jurisdiction of the estate may on such notice as the court may direct, authorize the
1850	1850	55.31commissioner to take possession of the personal property in the estate, liquidate it, and hold
1851	1851	55.32the proceeds in trust for the ward, to be invested, expended and accounted for as provided
1852	1852	55.33by sections 256.88 to 256.92.
1853	1853	55Sec. 54.
1854	1854	REVISOR EB/HL 25-0034402/17/25 56.1 Sec. 55. Minnesota Statutes 2024, section 256.98, subdivision 7, is amended to read:
1855	1855	56.2 Subd. 7.Division of recovered amounts.Except for recoveries under chapter 142E, if
1856	1856	56.3the state is responsible for the recovery, the amounts recovered shall be paid to the appropriate
1857	1857	56.4units of government. If the recovery is directly attributable to a county, the county may
1858	1858	56.5retain one-half of the nonfederal share of any recovery from a recipient or the recipient's
1859	1859	56.6estate.
1860	1860	56.7 This subdivision does not apply to recoveries from medical providers or to recoveries
1861	1861	56.8involving the Department of Human services, Services' Surveillance and Utilization Review
1862	1862	56.9Division, state hospital collections unit, and the Benefit Recoveries Division or the Direct
1863	1863	56.10Care and Treatment State Hospital Collections Unit.
1864	1864	56.11 EFFECTIVE DATE.This section is effective July 1, 2025.
1865	1865	56.12Sec. 56. Minnesota Statutes 2024, section 256B.092, subdivision 10, is amended to read:
1866	1866	56.13 Subd. 10.Admission of persons to and discharge of persons from regional treatment
1867	1867	56.14centers.(a) Prior to the admission of a person to a regional treatment center program for
1868	1868	56.15persons with developmental disabilities, the case manager shall make efforts to secure
1869	1869	56.16community-based alternatives. If these alternatives are rejected by the person, the person's
1870	1870	56.17legal guardian or conservator, or the county agency in favor of a regional treatment center
1871	1871	56.18placement, the case manager shall document the reasons why the alternatives were rejected.
1872	1872	56.19 (b) Assessment and support planning must be completed in accordance with requirements
1873	1873	56.20identified in section 256B.0911.
1874	1874	56.21 (c) No discharge shall take place until disputes are resolved under section 256.045,
1875	1875	56.22subdivision 4a, or until a review by the commissioner Direct Care and Treatment executive
1876	1876	56.23board is completed upon request of the chief executive officer or program director of the
1877	1877	56.24regional treatment center, or the county agency. For persons under public guardianship, the
1878	1878	56.25ombudsman may request a review or hearing under section 256.045.
1879	1879	56.26 EFFECTIVE DATE.This section is effective July 1, 2025.
1880	1880	56.27Sec. 57. Minnesota Statutes 2024, section 256G.09, subdivision 4, is amended to read:
1881	1881	56.28 Subd. 4.Appeals.A local agency that is aggrieved by the order of the a department or
1882	1882	56.29the executive board may appeal the opinion to the district court of the county responsible
1883	1883	56.30for furnishing assistance or services by serving a written copy of a notice of appeal on the
1884	1884	56.31a commissioner or the executive board and any adverse party of record within 30 days after
1885	1885	56.32the date the department issued the opinion, and by filing the original notice and proof of
1886	1886	56Sec. 57.
1887	1887	REVISOR EB/HL 25-0034402/17/25 57.1service with the court administrator of district court. Service may be made personally or by
1888	1888	57.2mail. Service by mail is complete upon mailing.
1889	1889	57.3 The A commissioner or the executive board may elect to become a party to the
1890	1890	57.4proceedings in district court. The court may consider the matter in or out of chambers and
1891	1891	57.5shall take no new or additional evidence.
1892	1892	57.6 EFFECTIVE DATE.This section is effective July 1, 2025.
1893	1893	57.7 Sec. 58. Minnesota Statutes 2024, section 256G.09, subdivision 5, is amended to read:
1894	1894	57.8 Subd. 5.Payment pending appeal.After the a department or the executive board issues
1895	1895	57.9an opinion in any submission under this section, the service or assistance covered by the
1896	1896	57.10submission must be provided or paid pending or during an appeal to the district court.
1897	1897	57.11 EFFECTIVE DATE.This section is effective July 1, 2025.
1898	1898	57.12Sec. 59. Minnesota Statutes 2024, section 299F.77, subdivision 2, is amended to read:
1899	1899	57.13 Subd. 2.Background check.(a) For licenses issued by the commissioner under section
1900	1900	57.14299F.73, the applicant for licensure must provide the commissioner with all of the
1901	1901	57.15information required by Code of Federal Regulations, title 28, section 25.7. The commissioner
1902	1902	57.16shall forward the information to the superintendent of the Bureau of Criminal Apprehension
1903	1903	57.17so that criminal records, histories, and warrant information on the applicant can be retrieved
1904	1904	57.18from the Minnesota Crime Information System and the National Instant Criminal Background
1905	1905	57.19Check System, as well as the civil commitment records maintained by the Department of
1906	1906	57.20Human Services Direct Care and Treatment. The results must be returned to the commissioner
1907	1907	57.21to determine if the individual applicant is qualified to receive a license.
1908	1908	57.22 (b) For permits issued by a county sheriff or chief of police under section 299F.75, the
1909	1909	57.23applicant for a permit must provide the county sheriff or chief of police with all of the
1910	1910	57.24information required by Code of Federal Regulations, title 28, section 25.7. The county
1911	1911	57.25sheriff or chief of police must check, by means of electronic data transfer, criminal records,
1912	1912	57.26histories, and warrant information on each applicant through the Minnesota Crime
1913	1913	57.27Information System and the National Instant Criminal Background Check System, as well
1914	1914	57.28as the civil commitment records maintained by the Department of Human Services Direct
1915	1915	57.29Care and Treatment. The county sheriff or chief of police shall use the results of the query
1916	1916	57.30to determine if the individual applicant is qualified to receive a permit.
1917	1917	57Sec. 59.
1918	1918	REVISOR EB/HL 25-0034402/17/25 58.1 Sec. 60. Minnesota Statutes 2024, section 342.04, is amended to read:
1919	1919	58.2 342.04 STUDIES; REPORTS.
1920	1920	58.3 (a) The office shall conduct a study to determine the expected size and growth of the
1921	1921	58.4regulated cannabis industry and hemp consumer industry, including an estimate of the
1922	1922	58.5demand for cannabis flower and cannabis products, the number and geographic distribution
1923	1923	58.6of cannabis businesses needed to meet that demand, and the anticipated business from
1924	1924	58.7residents of other states.
1925	1925	58.8 (b) The office shall conduct a study to determine the size of the illicit cannabis market,
1926	1926	58.9the sources of illicit cannabis flower and illicit cannabis products in the state, the locations
1927	1927	58.10of citations issued and arrests made for cannabis offenses, and the subareas, such as census
1928	1928	58.11tracts or neighborhoods, that experience a disproportionately large amount of cannabis
1929	1929	58.12enforcement.
1930	1930	58.13 (c) The office shall conduct a study on impaired driving to determine:
1931	1931	58.14 (1) the number of accidents involving one or more drivers who admitted to using cannabis
1932	1932	58.15flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products,
1933	1933	58.16or who tested positive for cannabis or tetrahydrocannabinol;
1934	1934	58.17 (2) the number of arrests of individuals for impaired driving in which the individual
1935	1935	58.18tested positive for cannabis or tetrahydrocannabinol; and
1936	1936	58.19 (3) the number of convictions for driving under the influence of cannabis flower, cannabis
1937	1937	58.20products, lower-potency hemp edibles, hemp-derived consumer products, or
1938	1938	58.21tetrahydrocannabinol.
1939	1939	58.22 (d) The office shall provide preliminary reports on the studies conducted pursuant to
1940	1940	58.23paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports
1941	1941	58.24to the legislature by January 15, 2025. The reports may be consolidated into a single report
1942	1942	58.25by the office.
1943	1943	58.26 (e) The office shall collect existing data from the Department of Human Services,
1944	1944	58.27Department of Health, Direct Care and Treatment, Minnesota state courts, and hospitals
1945	1945	58.28licensed under chapter 144 on the utilization of mental health and substance use disorder
1946	1946	58.29services, emergency room visits, and commitments to identify any increase in the services
1947	1947	58.30provided or any increase in the number of visits or commitments. The office shall also obtain
1948	1948	58.31summary data from existing first episode psychosis programs on the number of persons
1949	1949	58.32served by the programs and number of persons on the waiting list. All information collected
1950	1950	58Sec. 60.
1951	1951	REVISOR EB/HL 25-0034402/17/25 59.1by the office under this paragraph shall be included in the report required under paragraph
1952	1952	59.2(f).
1953	1953	59.3 (f) The office shall conduct an annual market analysis on the status of the regulated
1954	1954	59.4cannabis industry and submit a report of the findings. The office shall submit the report by
1955	1955	59.5January 15, 2025, and each January 15 thereafter and the report may be combined with the
1956	1956	59.6annual report submitted by the office. The process of completing the market analysis must
1957	1957	59.7include holding public meetings to solicit the input of consumers, market stakeholders, and
1958	1958	59.8potential new applicants and must include an assessment as to whether the office has issued
1959	1959	59.9the necessary number of licenses in order to:
1960	1960	59.10 (1) ensure the sufficient supply of cannabis flower and cannabis products to meet demand;
1961	1961	59.11 (2) provide market stability;
1962	1962	59.12 (3) ensure a competitive market; and
1963	1963	59.13 (4) limit the sale of unregulated cannabis flower and cannabis products.
1964	1964	59.14 (g) The office shall submit an annual report to the legislature by January 15, 2024, and
1965	1965	59.15each January 15 thereafter. The annual report shall include but not be limited to the following:
1966	1966	59.16 (1) the status of the regulated cannabis industry;
1967	1967	59.17 (2) the status of the illicit cannabis market and hemp consumer industry;
1968	1968	59.18 (3) the number of accidents, arrests, and convictions involving drivers who admitted to
1969	1969	59.19using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
1970	1970	59.20consumer products or who tested positive for cannabis or tetrahydrocannabinol;
1971	1971	59.21 (4) the change in potency, if any, of cannabis flower and cannabis products available
1972	1972	59.22through the regulated market;
1973	1973	59.23 (5) progress on providing opportunities to individuals and communities that experienced
1974	1974	59.24a disproportionate, negative impact from cannabis prohibition, including but not limited to
1975	1975	59.25providing relief from criminal convictions and increasing economic opportunities;
1976	1976	59.26 (6) the status of racial and geographic diversity in the cannabis industry;
1977	1977	59.27 (7) proposed legislative changes, including but not limited to recommendations to
1978	1978	59.28streamline licensing systems and related administrative processes;
1979	1979	59.29 (8) information on the adverse effects of second-hand smoke from any cannabis flower,
1980	1980	59.30cannabis products, and hemp-derived consumer products that are consumed by the
1981	1981	59Sec. 60.
1982	1982	REVISOR EB/HL 25-0034402/17/25 60.1combustion or vaporization of the product and the inhalation of smoke, aerosol, or vapor
1983	1983	60.2from the product; and
1984	1984	60.3 (9) recommendations for the levels of funding for:
1985	1985	60.4 (i) a coordinated education program to address and raise public awareness about the top
1986	1986	60.5three adverse health effects, as determined by the commissioner of health, associated with
1987	1987	60.6the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
1988	1988	60.7consumer products by individuals under 21 years of age;
1989	1989	60.8 (ii) a coordinated education program to educate pregnant individuals, breastfeeding
1990	1990	60.9individuals, and individuals who may become pregnant on the adverse health effects of
1991	1991	60.10cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
1992	1992	60.11products;
1993	1993	60.12 (iii) training, technical assistance, and educational materials for home visiting programs,
1994	1994	60.13Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of
1995	1995	60.14cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
1996	1996	60.15products in homes with infants and young children;
1997	1997	60.16 (iv) model programs to educate middle school and high school students on the health
1998	1998	60.17effects on children and adolescents of the use of cannabis flower, cannabis products,
1999	1999	60.18lower-potency hemp edibles, hemp-derived consumer products, and other intoxicating or
2000	2000	60.19controlled substances;
2001	2001	60.20 (v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow
2002	2002	60.21programs;
2003	2003	60.22 (vi) grants to organizations for community development in social equity communities
2004	2004	60.23through the CanRenew program;
2005	2005	60.24 (vii) training of peace officers and law enforcement agencies on changes to laws involving
2006	2006	60.25cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
2007	2007	60.26products and the law's impact on searches and seizures;
2008	2008	60.27 (viii) training of peace officers to increase the number of drug recognition experts;
2009	2009	60.28 (ix) training of peace officers on the cultural uses of sage and distinguishing use of sage
2010	2010	60.29from the use of cannabis flower, including whether the Board of Peace Officer Standards
2011	2011	60.30and Training should approve or develop training materials;
2012	2012	60.31 (x) the retirement and replacement of drug detection canines; and
2013	2013	60Sec. 60.
2014	2014	REVISOR EB/HL 25-0034402/17/25 61.1 (xi) the Department of Human Services and county social service agencies to address
2015	2015	61.2any increase in demand for services.
2016	2016	61.3 (g) In developing the recommended funding levels under paragraph (f), clause (9), items
2017	2017	61.4(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota
2018	2018	61.5Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota
2019	2019	61.6Cities, the Association of Minnesota Counties, and county social services agencies.
2020	2020	61.7 EFFECTIVE DATE.This section is effective July 1, 2025.
2021	2021	61.8 Sec. 61. Minnesota Statutes 2024, section 352.91, subdivision 3f, is amended to read:
2022	2022	61.9 Subd. 3f.Additional Direct Care and Treatment personnel.(a) "Covered correctional
2023	2023	61.10service" means service by a state employee in one of the employment positions specified
2024	2024	61.11in paragraph (b) in the state-operated forensic services program or the Minnesota Sex
2025	2025	61.12Offender Program if at least 75 percent of the employee's working time is spent in direct
2026	2026	61.13contact with patients and the determination of this direct contact is certified to the executive
2027	2027	61.14director by the commissioner of human services or Direct Care and Treatment executive
2028	2028	61.15board.
2029	2029	61.16 (b) The employment positions are:
2030	2030	61.17 (1) baker;
2031	2031	61.18 (2) behavior analyst 2;
2032	2032	61.19 (3) behavior analyst 3;
2033	2033	61.20 (4) certified occupational therapy assistant 1;
2034	2034	61.21 (5) certified occupational therapy assistant 2;
2035	2035	61.22 (6) client advocate;
2036	2036	61.23 (7) clinical program therapist 2;
2037	2037	61.24 (8) clinical program therapist 3;
2038	2038	61.25 (9) clinical program therapist 4;
2039	2039	61.26 (10) cook;
2040	2040	61.27 (11) culinary supervisor;
2041	2041	61.28 (12) customer services specialist principal;
2042	2042	61.29 (13) dental assistant registered;
2043	2043	61Sec. 61.
2044	2044	REVISOR EB/HL 25-0034402/17/25 62.1 (14) dental hygienist;
2045	2045	62.2 (15) food service worker;
2046	2046	62.3 (16) food services supervisor;
2047	2047	62.4 (17) group supervisor;
2048	2048	62.5 (18) group supervisor assistant;
2049	2049	62.6 (19) human services support specialist;
2050	2050	62.7 (20) licensed alcohol and drug counselor;
2051	2051	62.8 (21) licensed practical nurse;
2052	2052	62.9 (22) management analyst 3;
2053	2053	62.10 (23) music therapist;
2054	2054	62.11 (24) occupational therapist;
2055	2055	62.12 (25) occupational therapist, senior;
2056	2056	62.13 (26) physical therapist;
2057	2057	62.14 (27) psychologist 1;
2058	2058	62.15 (28) psychologist 2;
2059	2059	62.16 (29) psychologist 3;
2060	2060	62.17 (30) recreation program assistant;
2061	2061	62.18 (31) recreation therapist lead;
2062	2062	62.19 (32) recreation therapist senior;
2063	2063	62.20 (33) rehabilitation counselor senior;
2064	2064	62.21 (34) residential program lead;
2065	2065	62.22 (35) security supervisor;
2066	2066	62.23 (36) skills development specialist;
2067	2067	62.24 (37) social worker senior;
2068	2068	62.25 (38) social worker specialist;
2069	2069	62.26 (39) social worker specialist, senior;
2070	2070	62.27 (40) special education program assistant;
2071	2071	62Sec. 61.
2072	2072	REVISOR EB/HL 25-0034402/17/25 63.1 (41) speech pathology clinician;
2073	2073	63.2 (42) substance use disorder counselor senior;
2074	2074	63.3 (43) work therapy assistant; and
2075	2075	63.4 (44) work therapy program coordinator.
2076	2076	63.5 EFFECTIVE DATE.This section is effective July 1, 2025.
2077	2077	63.6 Sec. 62. Minnesota Statutes 2024, section 401.17, subdivision 1, is amended to read:
2078	2078	63.7 Subdivision 1.Establishment; members.(a) The commissioner must establish a
2079	2079	63.8Community Supervision Advisory Committee to develop and make recommendations to
2080	2080	63.9the commissioner on standards for probation, supervised release, and community supervision.
2081	2081	63.10The committee consists of 19 members as follows:
2082	2082	63.11 (1) two directors appointed by the Minnesota Association of Community Corrections
2083	2083	63.12Act Counties;
2084	2084	63.13 (2) two probation directors appointed by the Minnesota Association of County Probation
2085	2085	63.14Officers;
2086	2086	63.15 (3) three county commissioner representatives appointed by the Association of Minnesota
2087	2087	63.16Counties;
2088	2088	63.17 (4) two behavioral health, treatment, or programming providers who work directly with
2089	2089	63.18individuals on correctional supervision, one appointed by the Department of Human Services
2090	2090	63.19Direct Care and Treatment executive board and one appointed by the Minnesota Association
2091	2091	63.20of County Social Service Administrators;
2092	2092	63.21 (5) two representatives appointed by the Minnesota Indian Affairs Council;
2093	2093	63.22 (6) two commissioner-appointed representatives from the Department of Corrections;
2094	2094	63.23 (7) the chair of the statewide Evidence-Based Practice Advisory Committee;
2095	2095	63.24 (8) three individuals who have been supervised, either individually or collectively, under
2096	2096	63.25each of the state's three community supervision delivery systems appointed by the
2097	2097	63.26commissioner in consultation with the Minnesota Association of County Probation Officers
2098	2098	63.27and the Minnesota Association of Community Corrections Act Counties;
2099	2099	63.28 (9) an advocate for victims of crime appointed by the commissioner; and
2100	2100	63.29 (10) a representative from a community-based research and advocacy entity appointed
2101	2101	63.30by the commissioner.
2102	2102	63Sec. 62.
2103	2103	REVISOR EB/HL 25-0034402/17/25 64.1 (b) When an appointing authority selects an individual for membership on the committee,
2104	2104	64.2the authority must make reasonable efforts to reflect geographic diversity and to appoint
2105	2105	64.3qualified members of protected groups, as defined under section 43A.02, subdivision 33.
2106	2106	64.4 (c) Chapter 15 applies to the extent consistent with this section.
2107	2107	64.5 (d) The commissioner must convene the first meeting of the committee on or before
2108	2108	64.6October 1, 2023.
2109	2109	64.7 EFFECTIVE DATE.This section is effective July 1, 2025.
2110	2110	64.8 Sec. 63. Minnesota Statutes 2024, section 507.071, subdivision 1, is amended to read:
2111	2111	64.9 Subdivision 1.Definitions.For the purposes of this section the following terms have
2112	2112	64.10the meanings given:
2113	2113	64.11 (a) "Beneficiary" or "grantee beneficiary" means a person or entity named as a grantee
2114	2114	64.12beneficiary in a transfer on death deed, including a successor grantee beneficiary.
2115	2115	64.13 (b) "County agency" means the county department or office designated to recover medical
2116	2116	64.14assistance benefits from the estates of decedents.
2117	2117	64.15 (c) "Grantor owner" means an owner, whether individually, as a joint tenant, or as a
2118	2118	64.16tenant in common, named as a grantor in a transfer on death deed upon whose death the
2119	2119	64.17conveyance or transfer of the described real property is conditioned. Grantor owner does
2120	2120	64.18not include a spouse who joins in a transfer on death deed solely for the purpose of conveying
2121	2121	64.19or releasing statutory or other marital interests in the real property to be conveyed or
2122	2122	64.20transferred by the transfer on death deed.
2123	2123	64.21 (d) "Owner" means a person having an ownership or other interest in all or part of the
2124	2124	64.22real property to be conveyed or transferred by a transfer on death deed either at the time the
2125	2125	64.23deed is executed or at the time the transfer becomes effective. Owner does not include a
2126	2126	64.24spouse who joins in a transfer on death deed solely for the purpose of conveying or releasing
2127	2127	64.25statutory or other marital interests in the real property to be conveyed or transferred by the
2128	2128	64.26transfer on death deed.
2129	2129	64.27 (e) "Property" and "interest in real property" mean any interest in real property located
2130	2130	64.28in this state which is transferable on the death of the owner and includes, without limitation,
2131	2131	64.29an interest in real property defined in chapter 500, a mortgage, a deed of trust, a security
2132	2132	64.30interest in, or a security pledge of, an interest in real property, including the rights to
2133	2133	64.31payments of the indebtedness secured by the security instrument, a judgment, a tax lien,
2134	2134	64.32both the seller's and purchaser's interest in a contract for deed, land contract, purchase
2135	2135	64Sec. 63.
2136	2136	REVISOR EB/HL 25-0034402/17/25 65.1agreement, or earnest money contract for the sale and purchase of real property, including
2137	2137	65.2the rights to payments under such contracts, or any other lien on, or interest in, real property.
2138	2138	65.3 (f) "Recorded" means recorded in the office of the county recorder or registrar of titles,
2139	2139	65.4as appropriate for the real property described in the instrument to be recorded.
2140	2140	65.5 (g) "State agency" means the Department of Human Services or any successor agency
2141	2141	65.6or Direct Care and Treatment or any successor agency.
2142	2142	65.7 (h) "Transfer on death deed" means a deed authorized under this section.
2143	2143	65.8 EFFECTIVE DATE.This section is effective July 1, 2025.
2144	2144	65.9 Sec. 64. Minnesota Statutes 2024, section 611.57, subdivision 2, is amended to read:
2145	2145	65.10 Subd. 2.Membership.(a) The Certification Advisory Committee consists of the
2146	2146	65.11following members:
2147	2147	65.12 (1) a mental health professional, as defined in section 245I.02, subdivision 27, with
2148	2148	65.13community behavioral health experience, appointed by the governor;
2149	2149	65.14 (2) a board-certified forensic psychiatrist with experience in competency evaluations,
2150	2150	65.15providing competency attainment services, or both, appointed by the governor;
2151	2151	65.16 (3) a board-certified forensic psychologist with experience in competency evaluations,
2152	2152	65.17providing competency attainment services, or both, appointed by the governor;
2153	2153	65.18 (4) the president of the Minnesota Corrections Association or a designee;
2154	2154	65.19 (5) the Direct Care and Treatment deputy commissioner chief executive officer or a
2155	2155	65.20designee;
2156	2156	65.21 (6) the president of the Minnesota Association of County Social Service Administrators
2157	2157	65.22or a designee;
2158	2158	65.23 (7) the president of the Minnesota Association of Community Mental Health Providers
2159	2159	65.24or a designee;
2160	2160	65.25 (8) the president of the Minnesota Sheriffs' Association or a designee; and
2161	2161	65.26 (9) the executive director of the National Alliance on Mental Illness Minnesota or a
2162	2162	65.27designee.
2163	2163	65.28 (b) Members of the advisory committee serve without compensation and at the pleasure
2164	2164	65.29of the appointing authority. Vacancies shall be filled by the appointing authority consistent
2165	2165	65.30with the qualifications of the vacating member required by this subdivision.
2166	2166	65Sec. 64.
2167	2167	REVISOR EB/HL 25-0034402/17/25 66.1 EFFECTIVE DATE.This section is effective July 1, 2025.
2168	2168	66.2 Sec. 65. Minnesota Statutes 2024, section 611.57, subdivision 4, is amended to read:
2169	2169	66.3 Subd. 4.Duties.The Certification Advisory Committee shall consult with the Department
2170	2170	66.4of Human Services, the Department of Health, and the Department of Corrections, and
2171	2171	66.5Direct Care and Treatment; make recommendations to the Minnesota Competency Attainment
2172	2172	66.6Board regarding competency attainment curriculum, certification requirements for
2173	2173	66.7competency attainment programs including jail-based programs, and certification of
2174	2174	66.8individuals to provide competency attainment services; and provide information and
2175	2175	66.9recommendations on other issues relevant to competency attainment as requested by the
2176	2176	66.10board.
2177	2177	66.11 EFFECTIVE DATE.This section is effective July 1, 2025.
2178	2178	66.12Sec. 66. Minnesota Statutes 2024, section 624.7131, subdivision 1, is amended to read:
2179	2179	66.13 Subdivision 1.Information.Any person may apply for a transferee permit by providing
2180	2180	66.14the following information in writing to the chief of police of an organized full time police
2181	2181	66.15department of the municipality in which the person resides or to the county sheriff if there
2182	2182	66.16is no such local chief of police:
2183	2183	66.17 (1) the name, residence, telephone number, and driver's license number or
2184	2184	66.18nonqualification certificate number, if any, of the proposed transferee;
2185	2185	66.19 (2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
2186	2186	66.20characteristics, if any, of the proposed transferee;
2187	2187	66.21 (3) a statement that the proposed transferee authorizes the release to the local police
2188	2188	66.22authority of commitment information about the proposed transferee maintained by the
2189	2189	66.23commissioner of human services Direct Care and Treatment executive board, to the extent
2190	2190	66.24that the information relates to the proposed transferee's eligibility to possess a pistol or
2191	2191	66.25semiautomatic military-style assault weapon under section 624.713, subdivision 1; and
2192	2192	66.26 (4) a statement by the proposed transferee that the proposed transferee is not prohibited
2193	2193	66.27by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.
2194	2194	66.28 The statements shall be signed and dated by the person applying for a permit. At the
2195	2195	66.29time of application, the local police authority shall provide the applicant with a dated receipt
2196	2196	66.30for the application. The statement under clause (3) must comply with any applicable
2197	2197	66.31requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
2198	2198	66.32to consent to disclosure of alcohol or drug abuse patient records.
2199	2199	66Sec. 66.
2200	2200	REVISOR EB/HL 25-0034402/17/25 67.1 Sec. 67. Minnesota Statutes 2024, section 624.7131, subdivision 2, is amended to read:
2201	2201	67.2 Subd. 2.Investigation.The chief of police or sheriff shall check criminal histories,
2202	2202	67.3records and warrant information relating to the applicant through the Minnesota Crime
2203	2203	67.4Information System, the national criminal record repository, and the National Instant Criminal
2204	2204	67.5Background Check System. The chief of police or sheriff shall also make a reasonable effort
2205	2205	67.6to check other available state and local record-keeping systems. The chief of police or sheriff
2206	2206	67.7shall obtain commitment information from the commissioner of human services Direct Care
2207	2207	67.8and Treatment executive board as provided in section 246C.15.
2208	2208	67.9 Sec. 68. Minnesota Statutes 2024, section 624.7132, subdivision 1, is amended to read:
2209	2209	67.10 Subdivision 1.Required information.Except as provided in this section and section
2210	2210	67.11624.7131, every person who agrees to transfer a pistol or semiautomatic military-style
2211	2211	67.12assault weapon shall report the following information in writing to the chief of police of
2212	2212	67.13the organized full-time police department of the municipality where the proposed transferee
2213	2213	67.14resides or to the appropriate county sheriff if there is no such local chief of police:
2214	2214	67.15 (1) the name, residence, telephone number, and driver's license number or
2215	2215	67.16nonqualification certificate number, if any, of the proposed transferee;
2216	2216	67.17 (2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
2217	2217	67.18characteristics, if any, of the proposed transferee;
2218	2218	67.19 (3) a statement that the proposed transferee authorizes the release to the local police
2219	2219	67.20authority of commitment information about the proposed transferee maintained by the
2220	2220	67.21commissioner of human services Direct Care and Treatment executive board, to the extent
2221	2221	67.22that the information relates to the proposed transferee's eligibility to possess a pistol or
2222	2222	67.23semiautomatic military-style assault weapon under section 624.713, subdivision 1;
2223	2223	67.24 (4) a statement by the proposed transferee that the transferee is not prohibited by section
2224	2224	67.25624.713 from possessing a pistol or semiautomatic military-style assault weapon; and
2225	2225	67.26 (5) the address of the place of business of the transferor.
2226	2226	67.27 The report shall be signed and dated by the transferor and the proposed transferee. The
2227	2227	67.28report shall be delivered by the transferor to the chief of police or sheriff no later than three
2228	2228	67.29days after the date of the agreement to transfer, excluding weekends and legal holidays.
2229	2229	67.30The statement under clause (3) must comply with any applicable requirements of Code of
2230	2230	67.31Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of
2231	2231	67.32alcohol or drug abuse patient records.
2232	2232	67Sec. 68.
2233	2233	REVISOR EB/HL 25-0034402/17/25 68.1 Sec. 69. Minnesota Statutes 2024, section 624.7132, subdivision 2, is amended to read:
2234	2234	68.2 Subd. 2.Investigation.Upon receipt of a transfer report, the chief of police or sheriff
2235	2235	68.3shall check criminal histories, records and warrant information relating to the proposed
2236	2236	68.4transferee through the Minnesota Crime Information System, the national criminal record
2237	2237	68.5repository, and the National Instant Criminal Background Check System. The chief of police
2238	2238	68.6or sheriff shall also make a reasonable effort to check other available state and local
2239	2239	68.7record-keeping systems. The chief of police or sheriff shall obtain commitment information
2240	2240	68.8from the commissioner of human services Direct Care and Treatment executive board as
2241	2241	68.9provided in section 246C.15.
2242	2242	68.10Sec. 70. Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read:
2243	2243	68.11 Subd. 3.Form and contents of application.(a) Applications for permits to carry must
2244	2244	68.12be an official, standardized application form, adopted under section 624.7151, and must set
2245	2245	68.13forth in writing only the following information:
2246	2246	68.14 (1) the applicant's name, residence, telephone number, if any, and driver's license number
2247	2247	68.15or state identification card number;
2248	2248	68.16 (2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
2249	2249	68.17distinguishing physical characteristics, if any;
2250	2250	68.18 (3) the township or statutory city or home rule charter city, and county, of all Minnesota
2251	2251	68.19residences of the applicant in the last five years, though not including specific addresses;
2252	2252	68.20 (4) the township or city, county, and state of all non-Minnesota residences of the applicant
2253	2253	68.21in the last five years, though not including specific addresses;
2254	2254	68.22 (5) a statement that the applicant authorizes the release to the sheriff of commitment
2255	2255	68.23information about the applicant maintained by the commissioner of human services Direct
2256	2256	68.24Care and Treatment executive board or any similar agency or department of another state
2257	2257	68.25where the applicant has resided, to the extent that the information relates to the applicant's
2258	2258	68.26eligibility to possess a firearm; and
2259	2259	68.27 (6) a statement by the applicant that, to the best of the applicant's knowledge and belief,
2260	2260	68.28the applicant is not prohibited by law from possessing a firearm.
2261	2261	68.29 (b) The statement under paragraph (a), clause (5), must comply with any applicable
2262	2262	68.30requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
2263	2263	68.31to consent to disclosure of alcohol or drug abuse patient records.
2264	2264	68Sec. 70.
2265	2265	REVISOR EB/HL 25-0034402/17/25 69.1 (c) An applicant must submit to the sheriff an application packet consisting only of the
2266	2266	69.2following items:
2267	2267	69.3 (1) a completed application form, signed and dated by the applicant;
2268	2268	69.4 (2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c),
2269	2269	69.5that is submitted as the applicant's evidence of training in the safe use of a pistol; and
2270	2270	69.6 (3) an accurate photocopy of the applicant's current driver's license, state identification
2271	2271	69.7card, or the photo page of the applicant's passport.
2272	2272	69.8 (d) In addition to the other application materials, a person who is otherwise ineligible
2273	2273	69.9for a permit due to a criminal conviction but who has obtained a pardon or expungement
2274	2274	69.10setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights,
2275	2275	69.11must submit a copy of the relevant order.
2276	2276	69.12 (e) Applications must be submitted in person.
2277	2277	69.13 (f) The sheriff may charge a new application processing fee in an amount not to exceed
2278	2278	69.14the actual and reasonable direct cost of processing the application or $100, whichever is
2279	2279	69.15less. Of this amount, $10 must be submitted to the commissioner and deposited into the
2280	2280	69.16general fund.
2281	2281	69.17 (g) This subdivision prescribes the complete and exclusive set of items an applicant is
2282	2282	69.18required to submit in order to apply for a new or renewal permit to carry. The applicant
2283	2283	69.19must not be asked or required to submit, voluntarily or involuntarily, any information, fees,
2284	2284	69.20or documentation beyond that specifically required by this subdivision. This paragraph does
2285	2285	69.21not apply to alternate training evidence accepted by the sheriff under subdivision 2a,
2286	2286	69.22paragraph (d).
2287	2287	69.23 (h) Forms for new and renewal applications must be available at all sheriffs' offices and
2288	2288	69.24the commissioner must make the forms available on the Internet.
2289	2289	69.25 (i) Application forms must clearly display a notice that a permit, if granted, is void and
2290	2290	69.26must be immediately returned to the sheriff if the permit holder is or becomes prohibited
2291	2291	69.27by law from possessing a firearm. The notice must list the applicable state criminal offenses
2292	2292	69.28and civil categories that prohibit a person from possessing a firearm.
2293	2293	69.29 (j) Upon receipt of an application packet and any required fee, the sheriff must provide
2294	2294	69.30a signed receipt indicating the date of submission.
2295	2295	69Sec. 70.
2296	2296	REVISOR EB/HL 25-0034402/17/25 70.1 Sec. 71. Minnesota Statutes 2024, section 624.714, subdivision 4, is amended to read:
2297	2297	70.2 Subd. 4.Investigation.(a) The sheriff must check, by means of electronic data transfer,
2298	2298	70.3criminal records, histories, and warrant information on each applicant through the Minnesota
2299	2299	70.4Crime Information System and the National Instant Criminal Background Check System.
2300	2300	70.5The sheriff shall also make a reasonable effort to check other available and relevant federal,
2301	2301	70.6state, or local record-keeping systems. The sheriff must obtain commitment information
2302	2302	70.7from the commissioner of human services Direct Care and Treatment executive board as
2303	2303	70.8provided in section 246C.15 or, if the information is reasonably available, as provided by
2304	2304	70.9a similar statute from another state.
2305	2305	70.10 (b) When an application for a permit is filed under this section, the sheriff must notify
2306	2306	70.11the chief of police, if any, of the municipality where the applicant resides. The police chief
2307	2307	70.12may provide the sheriff with any information relevant to the issuance of the permit.
2308	2308	70.13 (c) The sheriff must conduct a background check by means of electronic data transfer
2309	2309	70.14on a permit holder through the Minnesota Crime Information System and the National
2310	2310	70.15Instant Criminal Background Check System at least yearly to ensure continuing eligibility.
2311	2311	70.16The sheriff may also conduct additional background checks by means of electronic data
2312	2312	70.17transfer on a permit holder at any time during the period that a permit is in effect.
2313	2313	70.18Sec. 72. Minnesota Statutes 2024, section 631.40, subdivision 3, is amended to read:
2314	2314	70.19 Subd. 3.Departments of Human Services; Children, Youth, and Families; and
2315	2315	70.20Health licensees.When a person who is affiliated with a program or facility governed
2316	2316	70.21licensed by the Department of Human Services,; Department of Children, Youth, and
2317	2317	70.22Families,; or Department of Health is convicted of a disqualifying crime, the probation
2318	2318	70.23officer or corrections agent shall notify the commissioner of the conviction, as provided in
2319	2319	70.24chapter 245C.
2320	2320	70.25 EFFECTIVE DATE.This section is effective July 1, 2025.
2321	2321	70.26Sec. 73. REVISOR INSTRUCTION.
2322	2322	70.27 (a) The revisor of statutes shall renumber Minnesota Statutes, section 252.50, subdivision
2323	2323	70.285, as Minnesota Statutes, section 246C.11, subdivision 4a.
2324	2324	70.29 (b) The revisor of statutes shall renumber Minnesota Statutes, section 252.52, as
2325	2325	70.30Minnesota Statutes, section 246C.191.
2326	2326	70.31 (c) The revisor of statutes shall make necessary cross-reference changes consistent with
2327	2327	70.32the renumbering in this section.
2328	2328	70Sec. 73.
2329	2329	REVISOR EB/HL 25-0034402/17/25 71.1 EFFECTIVE DATE.This section is effective July 1, 2025.
2330	2330	71.2 Sec. 74. REPEALER.
2331	2331	71.3 (a) Minnesota Statutes 2024, sections 245.4862; 246.015, subdivision 3; 246.50,
2332	2332	71.4subdivision 2; and 246B.04, subdivision 1a, are repealed.
2333	2333	71.5 (b) Laws 2024, chapter 79, article 1, sections 15; 16; and 17, are repealed.
2334	2334	71.6 EFFECTIVE DATE.This section is effective July 1, 2025.
2335	2335	71Sec. 74.
2336	2336	REVISOR EB/HL 25-0034402/17/25 245.4862 MENTAL HEALTH URGENT CARE AND PSYCHIATRIC CONSULTATION.
2337	2337	Subdivision 1.Mental health urgent care and psychiatric consultation.The commissioner
2338	2338	shall include mental health urgent care and psychiatric consultation services as part of, but not
2339	2339	limited to, the redesign of six community-based behavioral health hospitals and the Anoka-Metro
2340	2340	Regional Treatment Center. These services must not duplicate existing services in the region, and
2341	2341	must be implemented as specified in subdivisions 3 to 7.
2342	2342	Subd. 2.Definitions.For purposes of this section:
2343	2343	(a) Mental health urgent care includes:
2344	2344	(1) initial mental health screening;
2345	2345	(2) mobile crisis assessment and intervention;
2346	2346	(3) rapid access to psychiatry, including psychiatric evaluation, initial treatment, and short-term
2347	2347	psychiatry;
2348	2348	(4) nonhospital crisis stabilization residential beds; and
2349	2349	(5) health care navigator services that include, but are not limited to, assisting uninsured
2350	2350	individuals in obtaining health care coverage.
2351	2351	(b) Psychiatric consultation services includes psychiatric consultation to primary care
2352	2352	practitioners.
2353	2353	Subd. 3.Rapid access to psychiatry.The commissioner shall develop rapid access to psychiatric
2354	2354	services based on the following criteria:
2355	2355	(1) the individuals who receive the psychiatric services must be at risk of hospitalization and
2356	2356	otherwise unable to receive timely services;
2357	2357	(2) where clinically appropriate, the service may be provided via interactive video where the
2358	2358	service is provided in conjunction with an emergency room, a local crisis service, or a primary care
2359	2359	or behavioral care practitioner; and
2360	2360	(3) the commissioner may integrate rapid access to psychiatry with the psychiatric consultation
2361	2361	services in subdivision 4.
2362	2362	Subd. 4.Collaborative psychiatric consultation.(a) The commissioner shall establish a
2363	2363	collaborative psychiatric consultation service based on the following criteria:
2364	2364	(1) the service may be available via telephone, interactive video, email, or other means of
2365	2365	communication to emergency rooms, local crisis services, mental health professionals, and primary
2366	2366	care practitioners, including pediatricians;
2367	2367	(2) the service shall be provided by a multidisciplinary team including, at a minimum, a child
2368	2368	and adolescent psychiatrist, an adult psychiatrist, and a licensed clinical social worker;
2369	2369	(3) the service shall include a triage-level assessment to determine the most appropriate response
2370	2370	to each request, including appropriate referrals to other mental health professionals, as well as
2371	2371	provision of rapid psychiatric access when other appropriate services are not available;
2372	2372	(4) the first priority for this service is to provide the consultations required under section
2373	2373	256B.0625, subdivision 13j; and
2374	2374	(5) the service must encourage use of cognitive and behavioral therapies and other evidence-based
2375	2375	treatments in addition to or in place of medication, where appropriate.
2376	2376	(b) The commissioner shall appoint an interdisciplinary work group to establish appropriate
2377	2377	medication and psychotherapy protocols to guide the consultative process, including consultation
2378	2378	with the Drug Utilization Review Board, as provided in section 256B.0625, subdivision 13j.
2379	2379	Subd. 5.Phased availability.(a) The commissioner may phase in the availability of mental
2380	2380	health urgent care services based on the limits of appropriations and the commissioner's determination
2381	2381	of level of need and cost-effectiveness.
2382	2382	(b) For subdivisions 3 and 4, the first phase must focus on adults in Hennepin and Ramsey
2383	2383	Counties and children statewide who are affected by section 256B.0625, subdivision 13j, and must
2384	2384	include tracking of costs for the services provided and associated impacts on utilization of inpatient,
2385	2385	emergency room, and other services.
2386	2386	1R
2387	2387	APPENDIX
2388	2388	Repealed Minnesota Statutes: 25-00344 Subd. 6.Limited appropriations.The commissioner shall maximize use of available health
2389	2389	care coverage for the services provided under this section. The commissioner's responsibility to
2390	2390	provide these services for individuals without health care coverage must not exceed the appropriations
2391	2391	for this section.
2392	2392	Subd. 7.Flexible implementation.To implement this section, the commissioner shall select
2393	2393	the structure and funding method that is the most cost-effective for each county or group of counties.
2394	2394	This may include grants, contracts, service agreements with the Direct Care and Treatment executive
2395	2395	board, and public-private partnerships. Where feasible, the commissioner shall make any grants
2396	2396	under this section a part of the integrated adult mental health initiative grants under section 245.4661.
2397	2397	246.015 CONSULTATIVE SERVICES; AFTERCARE OF PATIENTS.
2398	2398	Subd. 3.Authorization.The Direct Care and Treatment executive board may authorize
2399	2399	state-operated services to provide consultative services for courts, state welfare agencies, and
2400	2400	supervise the placement and aftercare of patients, on a fee-for-service basis as defined in section
2401	2401	246.50, provisionally or otherwise discharged from a state-operated services facility. State-operated
2402	2402	services may also promote and conduct programs of education relating to mental health. The
2403	2403	executive board shall administer, expend, and distribute federal funds which may be made available
2404	2404	to the state and other funds not appropriated by the legislature, which may be made available to the
2405	2405	state for mental health purposes.
2406	2406	246.50 CARE OF CLIENTS AT STATE FACILITIES; DEFINITIONS.
2407	2407	Subd. 2.Commissioner."Commissioner" means the commissioner of human services of the
2408	2408	state of Minnesota.
2409	2409	246B.04 RULES; EVALUATION.
2410	2410	Subd. 1a.Program evaluation.The executive board shall establish an evaluation process to
2411	2411	measure outcomes and behavioral changes as a result of treatment compared with incarceration
2412	2412	without treatment to determine the value, if any, of treatment in protecting the public.
2413	2413	2R
2414	2414	APPENDIX
2415	2415	Repealed Minnesota Statutes: 25-00344 Laws 2024, chapter 79, article 1, section 15
2416	2416	Sec. 15. Minnesota Statutes 2022, section 246.41, subdivision 1, is amended to read:
2417	2417	Subdivision 1.Acceptance.The commissioner of human services executive board is authorized
2418	2418	to accept, for and in on behalf of the state, contributions of money for the use and benefit of persons
2419	2419	with developmental disabilities.
2420	2420	Laws 2024, chapter 79, article 1, section 16
2421	2421	Sec. 16. Minnesota Statutes 2022, section 246.41, subdivision 2, is amended to read:
2422	2422	Subd. 2.Special welfare fund.The executive board shall deposit any money so received by
2423	2423	the commissioner shall be deposited executive board under paragraph (a) with the commissioner
2424	2424	of management and budget in a special welfare fund, which fund is to be used by the commissioner
2425	2425	of human services executive board for the benefit of persons with developmental disabilities within
2426	2426	the state, including those within state hospitals. And, without excluding other possible uses,
2427	2427	Allowable uses of the money by the executive board include but are not limited to research relating
2428	2428	to persons with developmental disabilities shall be considered an appropriate use of such funds;
2429	2429	but such funds shall not be used for must not include creation of any structures or installations
2430	2430	which by their nature would require state expenditures for their ongoing operation or maintenance
2431	2431	without specific legislative enactment therefor for such a project.
2432	2432	Laws 2024, chapter 79, article 1, section 17
2433	2433	Sec. 17. Minnesota Statutes 2022, section 246.41, subdivision 3, is amended to read:
2434	2434	Subd. 3.Appropriation.There is hereby appropriated from The amount in the special welfare
2435	2435	fund in the state treasury to such persons as are entitled thereto to carry out the provisions stated
2436	2436	in is annually appropriated to the executive board for the purposes of this section.
2437	2437	3R
2438	2438	APPENDIX
2439	2439	Repealed Minnesota Session Laws: 25-00344