1.1 A bill for an act
1.2 relating to human services; Department of Human Services policy bill sections on
1.3 background studies, fraud prevention, Department of Corrections reconsiderations,
1.4 illegal remuneration crimes, and appeals division worker protections; providing
1.5 for criminal penalties; amending Minnesota Statutes 2024, sections 13.46,
1.6 subdivisions 1, 2, 3, 4; 15.471, subdivision 6; 142E.51, subdivisions 5, 6, by adding
1.7 a subdivision; 245.095, subdivision 5, by adding a subdivision; 245A.04,
1.8 subdivision 1; 245A.05; 245A.07, subdivision 2; 245C.05, by adding a subdivision;
1.9 245C.08, subdivision 3; 245C.14, by adding a subdivision; 245C.22, subdivision
1.10 5; 254A.19, subdivision 4; 256.98, subdivision 1; 256B.064, subdivision 1a;
1.11 256B.12; 256G.01, subdivision 3; 256G.08, subdivisions 1, 2; 256G.09,
1.12 subdivisions 1, 2; 480.40, subdivision 1; 611.43, by adding a subdivision; 611.46,
1.13 subdivision 1; 611.55, by adding a subdivision; Laws 2023, chapter 70, article 7,
1.14 section 34; proposing coding for new law in Minnesota Statutes, chapter 609.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2024, section 13.46, subdivision 1, is amended to read:
1.17 Subdivision 1.Definitions.As used in this section:
1.18 (a) "Individual" means an individual according to section 13.02, subdivision 8, but does
1.19not include a vendor of services.
1.20 (b) "Program" includes all programs for which authority is vested in a component of the
1.21welfare system according to statute or federal law, including but not limited to Native
1.22American Tribe programs that provide a service component of the welfare system, the
1.23Minnesota family investment program, medical assistance, general assistance, general
1.24assistance medical care formerly codified in chapter 256D, the child care assistance program,
1.25and child support collections.
1Section 1.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT
136
Printed
Page No.State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2260
NINETY-FOURTH SESSION
Authored by Curran03/12/2025
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
Adoption of Report: Amended and re-referred to the Committee on Public Safety Finance and Policy03/24/2025
Adoption of Report: Placed on the General Register as Amended04/03/2025
Read for the Second Time 2.1 (c) "Welfare system" includes the Department of Human Services; Direct Care and
2.2Treatment; the Department of Children, Youth, and Families; local social services agencies;
2.3county welfare agencies; county public health agencies; county veteran services agencies;
2.4county housing agencies; private licensing agencies; the public authority responsible for
2.5child support enforcement; human services boards; community mental health center boards,
2.6state hospitals, state nursing homes, the ombudsman for mental health and developmental
2.7disabilities; Native American Tribes to the extent a Tribe provides a service component of
2.8the welfare system; the Minnesota Competency Attainment Board and forensic navigators
2.9under chapter 611; and persons, agencies, institutions, organizations, and other entities
2.10under contract to any of the above agencies to the extent specified in the contract.
2.11 (d) "Mental health data" means data on individual clients and patients of community
2.12mental health centers, established under section 245.62, mental health divisions of counties
2.13and other providers under contract to deliver mental health services, Direct Care and
2.14Treatment mental health services, or the ombudsman for mental health and developmental
2.15disabilities.
2.16 (e) "Fugitive felon" means a person who has been convicted of a felony and who has
2.17escaped from confinement or violated the terms of probation or parole for that offense.
2.18 (f) "Private licensing agency" means an agency licensed by the commissioner of children,
2.19youth, and families under chapter 142B to perform the duties under section 142B.30.
2.20 Sec. 2. Minnesota Statutes 2024, section 13.46, subdivision 2, is amended to read:
2.21 Subd. 2.General.(a) Data on individuals collected, maintained, used, or disseminated
2.22by the welfare system are private data on individuals, and shall not be disclosed except:
2.23 (1) according to section 13.05;
2.24 (2) according to court order;
2.25 (3) according to a statute specifically authorizing access to the private data;
2.26 (4) to an agent of the welfare system and an or investigator acting on behalf of a county,
2.27the state, or the federal government, including a law enforcement person or attorney in the
2.28investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
2.29administration of a program;
2.30 (5) to personnel of the welfare system who require the data to verify an individual's
2.31identity; determine eligibility, amount of assistance, and the need to provide services to an
2.32individual or family across programs; coordinate services for an individual or family;
2Sec. 2.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 3.1evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
3.2suspected fraud;
3.3 (6) to administer federal funds or programs;
3.4 (7) between personnel of the welfare system working in the same program;
3.5 (8) to the Department of Revenue to administer and evaluate tax refund or tax credit
3.6programs and to identify individuals who may benefit from these programs, and prepare
3.7the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article
3.817, section 6. The following information may be disclosed under this paragraph: an
3.9individual's and their dependent's names, dates of birth, Social Security or individual taxpayer
3.10identification numbers, income, addresses, and other data as required, upon request by the
3.11Department of Revenue. Disclosures by the commissioner of revenue to the commissioner
3.12of human services for the purposes described in this clause are governed by section 270B.14,
3.13subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
3.14care credit under section 290.067, the Minnesota working family credit under section
3.15290.0671, the property tax refund under section 290A.04, and the Minnesota education
3.16credit under section 290.0674;
3.17 (9) between the Department of Human Services; the Department of Employment and
3.18Economic Development; the Department of Children, Youth, and Families; Direct Care and
3.19Treatment; and, when applicable, the Department of Education, for the following purposes:
3.20 (i) to monitor the eligibility of the data subject for unemployment benefits, for any
3.21employment or training program administered, supervised, or certified by that agency;
3.22 (ii) to administer any rehabilitation program or child care assistance program, whether
3.23alone or in conjunction with the welfare system;
3.24 (iii) to monitor and evaluate the Minnesota family investment program or the child care
3.25assistance program by exchanging data on recipients and former recipients of Supplemental
3.26Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,
3.27256J, or 256K, child care assistance under chapter 142E, medical programs under chapter
3.28256B or 256L; and
3.29 (iv) to analyze public assistance employment services and program utilization, cost,
3.30effectiveness, and outcomes as implemented under the authority established in Title II,
3.31Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
3.32Health records governed by sections 144.291 to 144.298 and "protected health information"
3.33as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
3Sec. 2.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 4.1of Federal Regulations, title 45, parts 160-164, including health care claims utilization
4.2information, must not be exchanged under this clause;
4.3 (10) to appropriate parties in connection with an emergency if knowledge of the
4.4information is necessary to protect the health or safety of the individual or other individuals
4.5or persons;
4.6 (11) data maintained by residential programs as defined in section 245A.02 may be
4.7disclosed to the protection and advocacy system established in this state according to Part
4.8C of Public Law 98-527 to protect the legal and human rights of persons with developmental
4.9disabilities or other related conditions who live in residential facilities for these persons if
4.10the protection and advocacy system receives a complaint by or on behalf of that person and
4.11the person does not have a legal guardian or the state or a designee of the state is the legal
4.12guardian of the person;
4.13 (12) to the county medical examiner or the county coroner for identifying or locating
4.14relatives or friends of a deceased person;
4.15 (13) data on a child support obligor who makes payments to the public agency may be
4.16disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
4.17eligibility under section 136A.121, subdivision 2, clause (5);
4.18 (14) participant Social Security or individual taxpayer identification numbers and names
4.19collected by the telephone assistance program may be disclosed to the Department of
4.20Revenue to conduct an electronic data match with the property tax refund database to
4.21determine eligibility under section 237.70, subdivision 4a;
4.22 (15) the current address of a Minnesota family investment program participant may be
4.23disclosed to law enforcement officers who provide the name of the participant and notify
4.24the agency that:
4.25 (i) the participant:
4.26 (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
4.27conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
4.28jurisdiction from which the individual is fleeing; or
4.29 (B) is violating a condition of probation or parole imposed under state or federal law;
4.30 (ii) the location or apprehension of the felon is within the law enforcement officer's
4.31official duties; and
4.32 (iii) the request is made in writing and in the proper exercise of those duties;
4Sec. 2.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 5.1 (16) the current address of a recipient of general assistance may be disclosed to probation
5.2officers and corrections agents who are supervising the recipient and to law enforcement
5.3officers who are investigating the recipient in connection with a felony level offense;
5.4 (17) information obtained from a SNAP applicant or recipient households may be
5.5disclosed to local, state, or federal law enforcement officials, upon their written request, for
5.6the purpose of investigating an alleged violation of the Food and Nutrition Act, according
5.7to Code of Federal Regulations, title 7, section 272.1(c);
5.8 (18) the address, Social Security or individual taxpayer identification number, and, if
5.9available, photograph of any member of a household receiving SNAP benefits shall be made
5.10available, on request, to a local, state, or federal law enforcement officer if the officer
5.11furnishes the agency with the name of the member and notifies the agency that:
5.12 (i) the member:
5.13 (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
5.14crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
5.15 (B) is violating a condition of probation or parole imposed under state or federal law;
5.16or
5.17 (C) has information that is necessary for the officer to conduct an official duty related
5.18to conduct described in subitem (A) or (B);
5.19 (ii) locating or apprehending the member is within the officer's official duties; and
5.20 (iii) the request is made in writing and in the proper exercise of the officer's official duty;
5.21 (19) the current address of a recipient of Minnesota family investment program, general
5.22assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
5.23provide the name of the recipient and notify the agency that the recipient is a person required
5.24to register under section 243.166, but is not residing at the address at which the recipient is
5.25registered under section 243.166;
5.26 (20) certain information regarding child support obligors who are in arrears may be
5.27made public according to section 518A.74;
5.28 (21) data on child support payments made by a child support obligor and data on the
5.29distribution of those payments excluding identifying information on obligees may be
5.30disclosed to all obligees to whom the obligor owes support, and data on the enforcement
5.31actions undertaken by the public authority, the status of those actions, and data on the income
5.32of the obligor or obligee may be disclosed to the other party;
5Sec. 2.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 6.1 (22) data in the work reporting system may be disclosed under section 142A.29,
6.2subdivision 7;
6.3 (23) to the Department of Education for the purpose of matching Department of Education
6.4student data with public assistance data to determine students eligible for free and
6.5reduced-price meals, meal supplements, and free milk according to United States Code,
6.6title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
6.7funds that are distributed based on income of the student's family; and to verify receipt of
6.8energy assistance for the telephone assistance plan;
6.9 (24) the current address and telephone number of program recipients and emergency
6.10contacts may be released to the commissioner of health or a community health board as
6.11defined in section 145A.02, subdivision 5, when the commissioner or community health
6.12board has reason to believe that a program recipient is a disease case, carrier, suspect case,
6.13or at risk of illness, and the data are necessary to locate the person;
6.14 (25) to other state agencies, statewide systems, and political subdivisions of this state,
6.15including the attorney general, and agencies of other states, interstate information networks,
6.16federal agencies, and other entities as required by federal regulation or law for the
6.17administration of the child support enforcement program;
6.18 (26) to personnel of public assistance programs as defined in section 518A.81, for access
6.19to the child support system database for the purpose of administration, including monitoring
6.20and evaluation of those public assistance programs;
6.21 (27) to monitor and evaluate the Minnesota family investment program by exchanging
6.22data between the Departments of Human Services; Children, Youth, and Families; and
6.23Education, on recipients and former recipients of SNAP benefits, cash assistance under
6.24chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical
6.25programs under chapter 256B or 256L, or a medical program formerly codified under chapter
6.26256D;
6.27 (28) to evaluate child support program performance and to identify and prevent fraud
6.28in the child support program by exchanging data between the Department of Human Services;
6.29Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
6.30subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
6.31(c); Department of Health; Department of Employment and Economic Development; and
6.32other state agencies as is reasonably necessary to perform these functions;
6Sec. 2.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 7.1 (29) counties and the Department of Children, Youth, and Families operating child care
7.2assistance programs under chapter 142E may disseminate data on program participants,
7.3applicants, and providers to the commissioner of education;
7.4 (30) child support data on the child, the parents, and relatives of the child may be
7.5disclosed to agencies administering programs under titles IV-B and IV-E of the Social
7.6Security Act, as authorized by federal law;
7.7 (31) to a health care provider governed by sections 144.291 to 144.298, to the extent
7.8necessary to coordinate services;
7.9 (32) to the chief administrative officer of a school to coordinate services for a student
7.10and family; data that may be disclosed under this clause are limited to name, date of birth,
7.11gender, and address;
7.12 (33) to county correctional agencies to the extent necessary to coordinate services and
7.13diversion programs; data that may be disclosed under this clause are limited to name, client
7.14demographics, program, case status, and county worker information; or
7.15 (34) between the Department of Human Services and the Metropolitan Council for the
7.16following purposes:
7.17 (i) to coordinate special transportation service provided under section 473.386 with
7.18services for people with disabilities and elderly individuals funded by or through the
7.19Department of Human Services; and
7.20 (ii) to provide for reimbursement of special transportation service provided under section
7.21473.386.
7.22The data that may be shared under this clause are limited to the individual's first, last, and
7.23middle names; date of birth; residential address; and program eligibility status with expiration
7.24date for the purposes of informing the other party of program eligibility.
7.25 (b) Information on persons who have been treated for substance use disorder may only
7.26be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
7.272.1 to 2.67.
7.28 (c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
7.29(17), or (18), or paragraph (b), are investigative data and are confidential or protected
7.30nonpublic while the investigation is active. The data are private after the investigation
7.31becomes inactive under section 13.82, subdivision 7, clause (a) or (b).
7Sec. 2.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 8.1 (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
8.2not subject to the access provisions of subdivision 10, paragraph (b).
8.3 For the purposes of this subdivision, a request will be deemed to be made in writing if
8.4made through a computer interface system.
8.5 Sec. 3. Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read:
8.6 Subd. 3.Investigative data.(a) Data on persons, including data on vendors of services,
8.7licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
8.8system in an investigation, authorized by statute, and relating to the enforcement of rules
8.9or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
8.10protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
8.11shall not be disclosed except:
8.12 (1) pursuant to section 13.05;
8.13 (2) pursuant to statute or valid court order;
8.14 (3) to a party named in a civil or criminal proceeding, administrative or judicial, for
8.15preparation of defense;
8.16 (4) to an agent of the welfare system or an investigator acting on behalf of a county,
8.17state, or federal government, including a law enforcement officer or attorney in the
8.18investigation or prosecution of a criminal, civil, or administrative proceeding, unless the
8.19commissioner of human services or; the commissioner of children, youth, and families; or
8.20the Direct Care and Treatment executive board determines that disclosure may compromise
8.21a Department of Human Services or; Department of Children, Youth, and Families; or Direct
8.22Care and Treatment ongoing investigation; or
8.23 (5) to provide notices required or permitted by statute.
8.24 The data referred to in this subdivision shall be classified as public data upon submission
8.25to an administrative law judge or court in an administrative or judicial proceeding. Inactive
8.26welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
8.27 (b) Notwithstanding any other provision in law, the commissioner of human services
8.28shall provide all active and inactive investigative data, including the name of the reporter
8.29of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for
8.30mental health and developmental disabilities upon the request of the ombudsman.
8.31 (c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
8.32by the commissioner of human services of possible overpayments of public funds to a service
8Sec. 3.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 9.1provider or recipient or the reduction or withholding of payments may be disclosed if the
9.2commissioner determines that it will not compromise the investigation.
9.3 EFFECTIVE DATE.This section is effective July 1, 2025.
9.4 Sec. 4. Minnesota Statutes 2024, section 13.46, subdivision 4, is amended to read:
9.5 Subd. 4.Licensing data.(a) As used in this subdivision:
9.6 (1) "licensing data" are all data collected, maintained, used, or disseminated by the
9.7welfare system pertaining to persons licensed or registered or who apply for licensure or
9.8registration or who formerly were licensed or registered under the authority of the
9.9commissioner of human services;
9.10 (2) "client" means a person who is receiving services from a licensee or from an applicant
9.11for licensure; and
9.12 (3) "personal and personal financial data" are Social Security numbers, identity of and
9.13letters of reference, insurance information, reports from the Bureau of Criminal
9.14Apprehension, health examination reports, and social/home studies.
9.15 (b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license
9.16holders, certification holders, and former licensees are public: name, address, telephone
9.17number of licensees, email addresses except for family child foster care, date of receipt of
9.18a completed application, dates of licensure, licensed capacity, type of client preferred,
9.19variances granted, record of training and education in child care and child development,
9.20type of dwelling, name and relationship of other family members, previous license history,
9.21class of license, the existence and status of complaints, and the number of serious injuries
9.22to or deaths of individuals in the licensed program as reported to the commissioner of human
9.23services; the commissioner of children, youth, and families; the local social services agency;
9.24or any other county welfare agency. For purposes of this clause, a serious injury is one that
9.25is treated by a physician.
9.26 (ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
9.27an order of license suspension, an order of temporary immediate suspension, an order of
9.28license revocation, an order of license denial, or an order of conditional license has been
9.29issued, or a complaint is resolved, the following data on current and former licensees and
9.30applicants are public: the general nature of the complaint or allegations leading to the
9.31temporary immediate suspension; the substance and investigative findings of the licensing
9.32or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
9.33of settlement negotiations; the record of informal resolution of a licensing violation; orders
9Sec. 4.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 10.1of hearing; findings of fact; conclusions of law; specifications of the final correction order,
10.2fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
10.3contained in the record of licensing action; whether a fine has been paid; and the status of
10.4any appeal of these actions.
10.5 (iii) When a license denial under section 142A.15 or 245A.05 or a sanction under section
10.6142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
10.7individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity
10.8of the applicant, license holder, or controlling individual as the individual responsible for
10.9maltreatment is public data at the time of the issuance of the license denial or sanction.
10.10 (iv) When a license denial under section 142A.15 or 245A.05 or a sanction under section
10.11142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
10.12individual is disqualified under chapter 245C, the identity of the license holder, applicant,
10.13or controlling individual as the disqualified individual is public data at the time of the
10.14issuance of the licensing sanction or denial. If the applicant, license holder, or controlling
10.15individual requests reconsideration of the disqualification and the disqualification is affirmed,
10.16the reason for the disqualification and the reason to not set aside the disqualification are
10.17private data.
10.18 (v) A correction order or fine issued to a child care provider for a licensing violation is
10.19private data on individuals under section 13.02, subdivision 12, or nonpublic data under
10.20section 13.02, subdivision 9, if the correction order or fine is seven years old or older.
10.21 (2) For applicants who withdraw their application prior to licensure or denial of a license,
10.22the following data are public: the name of the applicant, the city and county in which the
10.23applicant was seeking licensure, the dates of the commissioner's receipt of the initial
10.24application and completed application, the type of license sought, and the date of withdrawal
10.25of the application.
10.26 (3) For applicants who are denied a license, the following data are public: the name and
10.27address of the applicant, the city and county in which the applicant was seeking licensure,
10.28the dates of the commissioner's receipt of the initial application and completed application,
10.29the type of license sought, the date of denial of the application, the nature of the basis for
10.30the denial, the existence of settlement negotiations, the record of informal resolution of a
10.31denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
10.32order of denial, and the status of any appeal of the denial.
10.33 (4) When maltreatment is substantiated under section 626.557 or chapter 260E and the
10.34victim and the substantiated perpetrator are affiliated with a program licensed under chapter
10Sec. 4.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 11.1142B or 245A; the commissioner of human services; commissioner of children, youth, and
11.2families; local social services agency; or county welfare agency may inform the license
11.3holder where the maltreatment occurred of the identity of the substantiated perpetrator and
11.4the victim.
11.5 (5) Notwithstanding clause (1), for child foster care, only the name of the license holder
11.6and the status of the license are public if the county attorney has requested that data otherwise
11.7classified as public data under clause (1) be considered private data based on the best interests
11.8of a child in placement in a licensed program.
11.9 (c) The following are private data on individuals under section 13.02, subdivision 12,
11.10or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
11.11on family day care program and family foster care program applicants and licensees and
11.12their family members who provide services under the license.
11.13 (d) The following are private data on individuals: the identity of persons who have made
11.14reports concerning licensees or applicants that appear in inactive investigative data, and the
11.15records of clients or employees of the licensee or applicant for licensure whose records are
11.16received by the licensing agency for purposes of review or in anticipation of a contested
11.17matter. The names of reporters of complaints or alleged violations of licensing standards
11.18under chapters 142B, 245A, 245B, 245C, and 245D, and applicable rules and alleged
11.19maltreatment under section 626.557 and chapter 260E, are confidential data and may be
11.20disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557,
11.21subdivision 12b.
11.22 (e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
11.23subdivision become public data if submitted to a court or administrative law judge as part
11.24of a disciplinary proceeding in which there is a public hearing concerning a license which
11.25has been suspended, immediately suspended, revoked, or denied.
11.26 (f) Data generated in the course of licensing investigations that relate to an alleged
11.27violation of law are investigative data under subdivision 3.
11.28 (g) Data that are not public data collected, maintained, used, or disseminated under this
11.29subdivision that relate to or are derived from a report as defined in section 260E.03, or
11.30626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,
11.31subdivision 6, and 626.557, subdivision 12b.
11.32 (h) Upon request, not public data collected, maintained, used, or disseminated under
11.33this subdivision that relate to or are derived from a report of substantiated maltreatment as
11.34defined in section 626.557 or chapter 260E may be exchanged with the Department of
11Sec. 4.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 12.1Health for purposes of completing background studies pursuant to section 144.057 and with
12.2the Department of Corrections for purposes of completing background studies pursuant to
12.3section 241.021.
12.4 (i) Data on individuals collected according to licensing activities under chapters 142B,
12.5245A, and 245C, data on individuals collected by the commissioner of human services
12.6according to investigations under section 626.557 and chapters 142B, 245A, 245B, 245C,
12.7245D, and 260E may be shared with the Department of Human Rights, the Department of
12.8Health, the Department of Corrections, the ombudsman for mental health and developmental
12.9disabilities, and the individual's professional regulatory board when there is reason to believe
12.10that laws or standards under the jurisdiction of those agencies may have been violated or
12.11the information may otherwise be relevant to the board's regulatory jurisdiction. Background
12.12study data on an individual who is the subject of a background study under chapter 245C
12.13for a licensed service for which the commissioner of human services or; commissioner of
12.14children, youth, and families; or the Direct Care and Treatment executive board is the license
12.15holder may be shared with the commissioner and the commissioner's delegate by the licensing
12.16division. Unless otherwise specified in this chapter, the identity of a reporter of alleged
12.17maltreatment or licensing violations may not be disclosed.
12.18 (j) In addition to the notice of determinations required under sections 260E.24,
12.19subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the
12.20commissioner of children, youth, and families or the local social services agency has
12.21determined that an individual is a substantiated perpetrator of maltreatment of a child based
12.22on sexual abuse, as defined in section 260E.03, and the commissioner or local social services
12.23agency knows that the individual is a person responsible for a child's care in another facility,
12.24the commissioner or local social services agency shall notify the head of that facility of this
12.25determination. The notification must include an explanation of the individual's available
12.26appeal rights and the status of any appeal. If a notice is given under this paragraph, the
12.27government entity making the notification shall provide a copy of the notice to the individual
12.28who is the subject of the notice.
12.29 (k) All not public data collected, maintained, used, or disseminated under this subdivision
12.30and subdivision 3 may be exchanged between the Department of Human Services, Licensing
12.31Division, and the Department of Corrections for purposes of regulating services for which
12.32the Department of Human Services and the Department of Corrections have regulatory
12.33authority.
12.34 EFFECTIVE DATE.This section is effective July 1, 2025.
12Sec. 4.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 13.1 Sec. 5. Minnesota Statutes 2024, section 15.471, subdivision 6, is amended to read:
13.2 Subd. 6.Party.(a) Except as modified by paragraph (b), "party" means a person named
13.3or admitted as a party, or seeking and entitled to be admitted as a party, in a court action or
13.4contested case proceeding, or a person admitted by an administrative law judge for limited
13.5purposes, and who is:
13.6 (1) an unincorporated business, partnership, corporation, association, or organization,
13.7having not more than 500 employees at the time the civil action was filed or the contested
13.8case proceeding was initiated; and
13.9 (2) an unincorporated business, partnership, corporation, association, or organization
13.10whose annual revenues did not exceed $7,000,000 at the time the civil action was filed or
13.11the contested case proceeding was initiated.
13.12 (b) "Party" also includes a partner, officer, shareholder, member, or owner of an entity
13.13described in paragraph (a), clauses (1) and (2).
13.14 (c) "Party" does not include a person providing services pursuant to licensure or
13.15reimbursement on a cost basis by the Department of Health or, the Department of Human
13.16Services, or Direct Care and Treatment when that person is named or admitted or seeking
13.17to be admitted as a party in a matter which involves the licensing or reimbursement rates,
13.18procedures, or methodology applicable to those services.
13.19 EFFECTIVE DATE.This section is effective July 1, 2025.
13.20Sec. 6. Minnesota Statutes 2024, section 142E.51, subdivision 5, is amended to read:
13.21 Subd. 5.Administrative disqualification of child care providers caring for children
13.22receiving child care assistance.(a) The department shall pursue an administrative
13.23disqualification, if the child care provider is accused of committing an intentional program
13.24violation, in lieu of a criminal action when it has not been pursued the department refers
13.25the investigation to a law enforcement or prosecutorial agency for possible criminal
13.26prosecution, and the law enforcement or prosecutorial agency does not pursue a criminal
13.27action. Intentional program violations include intentionally making false or misleading
13.28statements; intentionally offering, providing, soliciting, or receiving illegal remuneration
13.29as described in subdivision 6a or in violation of section 609.542, subdivision 2; intentionally
13.30misrepresenting, concealing, or withholding facts; and repeatedly and intentionally violating
13.31program regulations under this chapter. No conviction is required before the department
13.32pursues an administrative disqualification. Intent may be proven by demonstrating a pattern
13.33of conduct that violates program rules under this chapter.
13Sec. 6.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 14.1 (b) To initiate an administrative disqualification, the commissioner must send written
14.2notice using a signature-verified confirmed delivery method to the provider against whom
14.3the action is being taken. Unless otherwise specified under this chapter or Minnesota Rules,
14.4chapter 3400, the commissioner must send the written notice at least 15 calendar days before
14.5the adverse action's effective date. The notice shall state (1) the factual basis for the agency's
14.6determination, (2) the action the agency intends to take, (3) the dollar amount of the monetary
14.7recovery or recoupment, if known, and (4) the provider's right to appeal the agency's proposed
14.8action.
14.9 (c) The provider may appeal an administrative disqualification by submitting a written
14.10request to the state agency. A provider's request must be received by the state agency no
14.11later than 30 days after the date the commissioner mails the notice.
14.12 (d) The provider's appeal request must contain the following:
14.13 (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
14.14dollar amount involved for each disputed item;
14.15 (2) the computation the provider believes to be correct, if applicable;
14.16 (3) the statute or rule relied on for each disputed item; and
14.17 (4) the name, address, and telephone number of the person at the provider's place of
14.18business with whom contact may be made regarding the appeal.
14.19 (e) On appeal, the issuing agency bears the burden of proof to demonstrate by a
14.20preponderance of the evidence that the provider committed an intentional program violation.
14.21 (f) The hearing is subject to the requirements of section 142A.20. The human services
14.22judge may combine a fair hearing and administrative disqualification hearing into a single
14.23hearing if the factual issues arise out of the same or related circumstances and the provider
14.24receives prior notice that the hearings will be combined.
14.25 (g) A provider found to have committed an intentional program violation and is
14.26administratively disqualified must be disqualified, for a period of three years for the first
14.27offense and permanently for any subsequent offense, from receiving any payments from
14.28any child care program under this chapter.
14.29 (h) Unless a timely and proper appeal made under this section is received by the
14.30department, the administrative determination of the department is final and binding.
14Sec. 6.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 15.1 Sec. 7. Minnesota Statutes 2024, section 142E.51, subdivision 6, is amended to read:
15.2 Subd. 6.Prohibited hiring practice practices.It is prohibited to A person must not
15.3hire a child care center employee when, as a condition of employment, the employee is
15.4required to have one or more children who are eligible for or receive child care assistance,
15.5if:
15.6 (1) the individual hiring the employee is, or is acting at the direction of or in cooperation
15.7with, a child care center provider, center owner, director, manager, license holder, or other
15.8controlling individual; and
15.9 (2) the individual hiring the employee knows or has reason to know the purpose in hiring
15.10the employee is to obtain child care assistance program funds.
15.11Sec. 8. Minnesota Statutes 2024, section 142E.51, is amended by adding a subdivision to
15.12read:
15.13 Subd. 6a.Illegal remuneration.(a) Except as provided in paragraph (b), program
15.14applicants, participants, and providers must not offer, provide, solicit, or receive money, a
15.15discount, a credit, a waiver, a rebate, a good, a service, employment, or anything else of
15.16value in exchange for:
15.17 (1) obtaining or attempting to obtain child care assistance program benefits; or
15.18 (2) directing a person's child care assistance program benefits to a particular provider.
15.19 (b) The prohibition in paragraph (a) does not apply to:
15.20 (1) marketing or promotional offerings that directly benefit an applicant or recipient's
15.21child or dependent for whom the child care provider is providing child care services; or
15.22 (2) child care provider discounts, scholarships, or other financial assistance allowed
15.23under section 142E.17, subdivision 7.
15.24 (c) An attempt to buy or sell access to a family's child care assistance program benefits
15.25to an unauthorized person by an applicant, a participant, or a provider is an intentional
15.26program violation under subdivision 5 and wrongfully obtaining assistance under section
15.27256.98.
15.28Sec. 9. Minnesota Statutes 2024, section 245.095, subdivision 5, is amended to read:
15.29 Subd. 5.Withholding of payments.(a) Except as otherwise provided by state or federal
15.30law, the commissioner may withhold payments to a provider, vendor, individual, associated
15Sec. 9.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 16.1individual, or associated entity in any program administered by the commissioner if the
16.2commissioner determines:
16.3 (1) there is a credible allegation of fraud for which an investigation is pending for a
16.4program administered by a Minnesota state or federal agency.;
16.5 (2) the individual, the entity, or an associated individual or entity was convicted of a
16.6crime charged in state or federal court with an offense that involves fraud or theft against
16.7a program administered by the commissioner or another Minnesota state or federal agency.
16.8For purposes of this subdivision, "convicted" means a judgment of conviction has been
16.9entered by a federal, state, or local court, regardless of whether an appeal from the judgment
16.10is pending, and includes a stay of adjudication, a court-ordered diversion program, or a plea
16.11of guilty or nolo contendere;
16.12 (3) the provider is operating after a Minnesota state or federal agency orders the
16.13suspension, revocation, or decertification of the provider's license;
16.14 (4) the provider, vendor, associated individual, or associated entity, including those
16.15receiving money under any contract or registered program, has a background study
16.16disqualification under chapter 245C that has not been set aside and for which no variance
16.17has been issued, except for a disqualification under section 245C.14, subdivision 5; or
16.18 (5) by a preponderance of the evidence that the provider, vendor, individual, associated
16.19individual, or associated entity intentionally provided materially false information when
16.20billing the commissioner.
16.21 (b) For purposes of this subdivision, "credible allegation of fraud" means an allegation
16.22that has been verified by the commissioner from any source, including but not limited to:
16.23 (1) fraud hotline complaints;
16.24 (2) claims data mining;
16.25 (3) patterns identified through provider audits, civil false claims cases, and law
16.26enforcement investigations; and
16.27 (4) court filings and other legal documents, including but not limited to police reports,
16.28complaints, indictments, informations, affidavits, declarations, and search warrants.
16.29 (c) The commissioner must send notice of the withholding of payments within five days
16.30of taking such action. The notice must:
16.31 (1) state that payments are being withheld according to this subdivision;
16Sec. 9.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 17.1 (2) set forth the general allegations related to the withholding action, except the notice
17.2need not disclose specific information concerning an ongoing investigation;
17.3 (3) state that the withholding is for a temporary period and cite the circumstances under
17.4which the withholding will be terminated; and
17.5 (4) inform the provider, vendor, individual, associated individual, or associated entity
17.6of the right to submit written evidence to contest the withholding action for consideration
17.7by the commissioner.
17.8 (d) If the commissioner withholds payments under this subdivision, the provider, vendor,
17.9individual, associated individual, or associated entity has a right to request administrative
17.10reconsideration. A request for administrative reconsideration must be made in writing, state
17.11with specificity the reasons the payment withholding decision is in error, and include
17.12documents to support the request. Within 60 days from receipt of the request, the
17.13commissioner shall judiciously review allegations, facts, evidence available to the
17.14commissioner, and information submitted by the provider, vendor, individual, associated
17.15individual, or associated entity to determine whether the payment withholding should remain
17.16in place.
17.17 (e) The commissioner shall stop withholding payments if the commissioner determines
17.18there is insufficient evidence of fraud by the provider, vendor, individual, associated
17.19individual, or associated entity or when legal proceedings relating to the alleged fraud are
17.20completed, unless the commissioner has sent notice under subdivision 3 to the provider,
17.21vendor, individual, associated individual, or associated entity.
17.22 (f) The withholding of payments is a temporary action and is not subject to appeal under
17.23section 256.045 or chapter 14.
17.24 EFFECTIVE DATE.This section is effective July 1, 2025.
17.25Sec. 10. Minnesota Statutes 2024, section 245.095, is amended by adding a subdivision
17.26to read:
17.27 Subd. 6.Data practices.The commissioner may exchange information, including claims
17.28data, with state or federal agencies, professional boards, departments, or programs for the
17.29purpose of investigating or prosecuting a criminal, civil, or administrative proceeding related
17.30to suspected fraud or exclusion from any program administered by a state or federal agency.
17Sec. 10.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 18.1 Sec. 11. Minnesota Statutes 2024, section 245A.04, subdivision 1, is amended to read:
18.2 Subdivision 1.Application for licensure.(a) An individual, organization, or government
18.3entity that is subject to licensure under section 245A.03 must apply for a license. The
18.4application must be made on the forms and in the manner prescribed by the commissioner.
18.5The commissioner shall provide the applicant with instruction in completing the application
18.6and provide information about the rules and requirements of other state agencies that affect
18.7the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
18.8Minnesota must have a program office located within 30 miles of the Minnesota border.
18.9An applicant who intends to buy or otherwise acquire a program or services licensed under
18.10this chapter that is owned by another license holder must apply for a license under this
18.11chapter and comply with the application procedures in this section and section 245A.043.
18.12 The commissioner shall act on the application within 90 working days after a complete
18.13application and any required reports have been received from other state agencies or
18.14departments, counties, municipalities, or other political subdivisions. The commissioner
18.15shall not consider an application to be complete until the commissioner receives all of the
18.16required information. If the applicant or a controlling individual is the subject of a pending
18.17administrative, civil, or criminal investigation, the application is not complete until the
18.18investigation has closed or the related legal proceedings are complete.
18.19 When the commissioner receives an application for initial licensure that is incomplete
18.20because the applicant failed to submit required documents or that is substantially deficient
18.21because the documents submitted do not meet licensing requirements, the commissioner
18.22shall provide the applicant written notice that the application is incomplete or substantially
18.23deficient. In the written notice to the applicant the commissioner shall identify documents
18.24that are missing or deficient and give the applicant 45 days to resubmit a second application
18.25that is substantially complete. An applicant's failure to submit a substantially complete
18.26application after receiving notice from the commissioner is a basis for license denial under
18.27section 245A.043.
18.28 (b) An application for licensure must identify all controlling individuals as defined in
18.29section 245A.02, subdivision 5a, and must designate one individual to be the authorized
18.30agent. The application must be signed by the authorized agent and must include the authorized
18.31agent's first, middle, and last name; mailing address; and email address. By submitting an
18.32application for licensure, the authorized agent consents to electronic communication with
18.33the commissioner throughout the application process. The authorized agent must be
18.34authorized to accept service on behalf of all of the controlling individuals. A government
18.35entity that holds multiple licenses under this chapter may designate one authorized agent
18Sec. 11.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 19.1for all licenses issued under this chapter or may designate a different authorized agent for
19.2each license. Service on the authorized agent is service on all of the controlling individuals.
19.3It is not a defense to any action arising under this chapter that service was not made on each
19.4controlling individual. The designation of a controlling individual as the authorized agent
19.5under this paragraph does not affect the legal responsibility of any other controlling individual
19.6under this chapter.
19.7 (c) An applicant or license holder must have a policy that prohibits license holders,
19.8employees, subcontractors, and volunteers, when directly responsible for persons served
19.9by the program, from abusing prescription medication or being in any manner under the
19.10influence of a chemical that impairs the individual's ability to provide services or care. The
19.11license holder must train employees, subcontractors, and volunteers about the program's
19.12drug and alcohol policy.
19.13 (d) An applicant and license holder must have a program grievance procedure that permits
19.14persons served by the program and their authorized representatives to bring a grievance to
19.15the highest level of authority in the program.
19.16 (e) The commissioner may limit communication during the application process to the
19.17authorized agent or the controlling individuals identified on the license application and for
19.18whom a background study was initiated under chapter 245C. Upon implementation of the
19.19provider licensing and reporting hub, applicants and license holders must use the hub in the
19.20manner prescribed by the commissioner. The commissioner may require the applicant,
19.21except for child foster care, to demonstrate competence in the applicable licensing
19.22requirements by successfully completing a written examination. The commissioner may
19.23develop a prescribed written examination format.
19.24 (f) When an applicant is an individual, the applicant must provide:
19.25 (1) the applicant's taxpayer identification numbers including the Social Security number
19.26or Minnesota tax identification number, and federal employer identification number if the
19.27applicant has employees;
19.28 (2) at the request of the commissioner, a copy of the most recent filing with the secretary
19.29of state that includes the complete business name, if any;
19.30 (3) if doing business under a different name, the doing business as (DBA) name, as
19.31registered with the secretary of state;
19.32 (4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
19.33Minnesota Provider Identifier (UMPI) number; and
19Sec. 11.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 20.1 (5) at the request of the commissioner, the notarized signature of the applicant or
20.2authorized agent.
20.3 (g) When an applicant is an organization, the applicant must provide:
20.4 (1) the applicant's taxpayer identification numbers including the Minnesota tax
20.5identification number and federal employer identification number;
20.6 (2) at the request of the commissioner, a copy of the most recent filing with the secretary
20.7of state that includes the complete business name, and if doing business under a different
20.8name, the doing business as (DBA) name, as registered with the secretary of state;
20.9 (3) the first, middle, and last name, and address for all individuals who will be controlling
20.10individuals, including all officers, owners, and managerial officials as defined in section
20.11245A.02, subdivision 5a, and the date that the background study was initiated by the applicant
20.12for each controlling individual;
20.13 (4) if applicable, the applicant's NPI number and UMPI number;
20.14 (5) the documents that created the organization and that determine the organization's
20.15internal governance and the relations among the persons that own the organization, have
20.16an interest in the organization, or are members of the organization, in each case as provided
20.17or authorized by the organization's governing statute, which may include a partnership
20.18agreement, bylaws, articles of organization, organizational chart, and operating agreement,
20.19or comparable documents as provided in the organization's governing statute; and
20.20 (6) the notarized signature of the applicant or authorized agent.
20.21 (h) When the applicant is a government entity, the applicant must provide:
20.22 (1) the name of the government agency, political subdivision, or other unit of government
20.23seeking the license and the name of the program or services that will be licensed;
20.24 (2) the applicant's taxpayer identification numbers including the Minnesota tax
20.25identification number and federal employer identification number;
20.26 (3) a letter signed by the manager, administrator, or other executive of the government
20.27entity authorizing the submission of the license application; and
20.28 (4) if applicable, the applicant's NPI number and UMPI number.
20.29 (i) At the time of application for licensure or renewal of a license under this chapter, the
20.30applicant or license holder must acknowledge on the form provided by the commissioner
20.31if the applicant or license holder elects to receive any public funding reimbursement from
20.32the commissioner for services provided under the license that:
20Sec. 11.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 21.1 (1) the applicant's or license holder's compliance with the provider enrollment agreement
21.2or registration requirements for receipt of public funding may be monitored by the
21.3commissioner as part of a licensing investigation or licensing inspection; and
21.4 (2) noncompliance with the provider enrollment agreement or registration requirements
21.5for receipt of public funding that is identified through a licensing investigation or licensing
21.6inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
21.7reimbursement for a service, may result in:
21.8 (i) a correction order or a conditional license under section 245A.06, or sanctions under
21.9section 245A.07;
21.10 (ii) nonpayment of claims submitted by the license holder for public program
21.11reimbursement;
21.12 (iii) recovery of payments made for the service;
21.13 (iv) disenrollment in the public payment program; or
21.14 (v) other administrative, civil, or criminal penalties as provided by law.
21.15Sec. 12. Minnesota Statutes 2024, section 245A.05, is amended to read:
21.16 245A.05 DENIAL OF APPLICATION.
21.17 (a) The commissioner may deny a license if an applicant or controlling individual:
21.18 (1) fails to submit a substantially complete application after receiving notice from the
21.19commissioner under section 245A.04, subdivision 1;
21.20 (2) fails to comply with applicable laws or rules;
21.21 (3) knowingly withholds relevant information from or gives false or misleading
21.22information to the commissioner in connection with an application for a license or during
21.23an investigation;
21.24 (4) has a disqualification that has not been set aside under section 245C.22 and no
21.25variance has been granted;
21.26 (5) has an individual living in the household who received a background study under
21.27section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
21.28has not been set aside under section 245C.22, and no variance has been granted;
21.29 (6) is associated with an individual who received a background study under section
21.30245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
21Sec. 12.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 22.1children or vulnerable adults, and who has a disqualification that has not been set aside
22.2under section 245C.22, and no variance has been granted;
22.3 (7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
22.4 (8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
22.56;
22.6 (9) has a history of noncompliance as a license holder or controlling individual with
22.7applicable laws or rules, including but not limited to this chapter and chapters 142E and
22.8245C; or
22.9 (10) is prohibited from holding a license according to section 245.095.; or
22.10 (11) is the subject of a pending administrative, civil, or criminal investigation.
22.11 (b) An applicant whose application has been denied by the commissioner must be given
22.12notice of the denial, which must state the reasons for the denial in plain language. Notice
22.13must be given by certified mail, by personal service, or through the provider licensing and
22.14reporting hub. The notice must state the reasons the application was denied and must inform
22.15the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules,
22.16parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the
22.17commissioner in writing by certified mail, by personal service, or through the provider
22.18licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the
22.19commissioner within 20 calendar days after the applicant received the notice of denial. If
22.20an appeal request is made by personal service, it must be received by the commissioner
22.21within 20 calendar days after the applicant received the notice of denial. If the order is issued
22.22through the provider hub, the appeal must be received by the commissioner within 20
22.23calendar days from the date the commissioner issued the order through the hub. Section
22.24245A.08 applies to hearings held to appeal the commissioner's denial of an application.
22.25Sec. 13. Minnesota Statutes 2024, section 245A.07, subdivision 2, is amended to read:
22.26 Subd. 2.Temporary immediate suspension.(a) The commissioner shall act immediately
22.27to temporarily suspend a license issued under this chapter if:
22.28 (1) the license holder's or controlling individual's actions or failure to comply with
22.29applicable law or rule, or the actions of other individuals or conditions in the program, pose
22.30an imminent risk of harm to the health, safety, or rights of persons served by the program;
22Sec. 13.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 23.1 (2) while the program continues to operate pending an appeal of an order of revocation,
23.2the commissioner identifies one or more subsequent violations of law or rule which may
23.3adversely affect the health or safety of persons served by the program; or
23.4 (3) the license holder or controlling individual is criminally charged in state or federal
23.5court with an offense that involves fraud or theft against a program administered by the
23.6commissioner a state or federal agency.
23.7 (b) No state funds shall be made available or be expended by any agency or department
23.8of state, county, or municipal government for use by a license holder regulated under this
23.9chapter while a license issued under this chapter is under immediate suspension. A notice
23.10stating the reasons for the immediate suspension and informing the license holder of the
23.11right to an expedited hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
23.121400.8612, must be delivered by personal service to the address shown on the application
23.13or the last known address of the license holder. The license holder may appeal an order
23.14immediately suspending a license. The appeal of an order immediately suspending a license
23.15must be made in writing by certified mail, personal service, or other means expressly set
23.16forth in the commissioner's order. If mailed, the appeal must be postmarked and sent to the
23.17commissioner within five calendar days after the license holder receives notice that the
23.18license has been immediately suspended. If a request is made by personal service, it must
23.19be received by the commissioner within five calendar days after the license holder received
23.20the order. A license holder and any controlling individual shall discontinue operation of the
23.21program upon receipt of the commissioner's order to immediately suspend the license.
23.22 (c) The commissioner may act immediately to temporarily suspend a license issued
23.23under this chapter if the license holder or controlling individual is the subject of a pending
23.24administrative, civil, or criminal investigation or subject to an administrative or civil action
23.25related to fraud against a program administered by a state or federal agency.
23.26Sec. 14. Minnesota Statutes 2024, section 245C.05, is amended by adding a subdivision
23.27to read:
23.28 Subd. 9.Electronic signature.For documentation requiring a signature under this
23.29chapter, use of an electronic signature as defined under section 325L.02, paragraph (h), is
23.30allowed.
23.31Sec. 15. Minnesota Statutes 2024, section 245C.08, subdivision 3, is amended to read:
23.32 Subd. 3.Arrest and investigative information.(a) For any background study completed
23.33under this section, if the commissioner has reasonable cause to believe the information is
23Sec. 15.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 24.1pertinent to the disqualification of an individual, the commissioner also may review arrest
24.2and investigative information from:
24.3 (1) the Bureau of Criminal Apprehension;
24.4 (2) the commissioners of children, youth, and families; health; and human services;
24.5 (3) a county attorney prosecutor;
24.6 (4) a county sheriff;
24.7 (5) (4) a county agency;
24.8 (6) (5) a local chief of police law enforcement agency;
24.9 (7) (6) other states;
24.10 (8) (7) the courts;
24.11 (9) (8) the Federal Bureau of Investigation;
24.12 (10) (9) the National Criminal Records Repository; and
24.13 (11) (10) criminal records from other states.
24.14 (b) Except when specifically required by law, the commissioner is not required to conduct
24.15more than one review of a subject's records from the Federal Bureau of Investigation if a
24.16review of the subject's criminal history with the Federal Bureau of Investigation has already
24.17been completed by the commissioner and there has been no break in the subject's affiliation
24.18with the entity that initiated the background study.
24.19 (c) If the commissioner conducts a national criminal history record check when required
24.20by law and uses the information from the national criminal history record check to make a
24.21disqualification determination, the data obtained is private data and cannot be shared with
24.22private agencies or prospective employers of the background study subject.
24.23 (d) If the commissioner conducts a national criminal history record check when required
24.24by law and uses the information from the national criminal history record check to make a
24.25disqualification determination, the license holder or entity that submitted the study is not
24.26required to obtain a copy of the background study subject's disqualification letter under
24.27section 245C.17, subdivision 3.
24Sec. 15.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 25.1 Sec. 16. Minnesota Statutes 2024, section 245C.14, is amended by adding a subdivision
25.2to read:
25.3 Subd. 6.Disqualification from owning, operating, or billing.The commissioner shall
25.4disqualify an individual who is the subject of a background study from any position involving
25.5ownership, management, or control of a program or billing activities if a background study
25.6completed under this chapter shows a violation of section 142A.12, 245.095, or 256B.064.
25.7 EFFECTIVE DATE.This section is effective July 1, 2025.
25.8 Sec. 17. Minnesota Statutes 2024, section 245C.22, subdivision 5, is amended to read:
25.9 Subd. 5.Scope of set-aside.(a) If the commissioner sets aside a disqualification under
25.10this section, the disqualified individual remains disqualified, but may hold a license and
25.11have direct contact with or access to persons receiving services. Except as provided in
25.12paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the
25.13licensed program, applicant, or agency specified in the set aside notice under section 245C.23.
25.14For personal care provider organizations, financial management services organizations,
25.15community first services and supports organizations, unlicensed home and community-based
25.16organizations, and consumer-directed community supports organizations, the commissioner's
25.17set-aside may further be limited to a specific individual who is receiving services. For new
25.18background studies required under section 245C.04, subdivision 1, paragraph (h), if an
25.19individual's disqualification was previously set aside for the license holder's program and
25.20the new background study results in no new information that indicates the individual may
25.21pose a risk of harm to persons receiving services from the license holder, the previous
25.22set-aside shall remain in effect.
25.23 (b) If the commissioner has previously set aside an individual's disqualification for one
25.24or more programs or agencies, and the individual is the subject of a subsequent background
25.25study for a different program or agency, the commissioner shall determine whether the
25.26disqualification is set aside for the program or agency that initiated the subsequent
25.27background study. A notice of a set-aside under paragraph (c) shall be issued within 15
25.28working days if all of the following criteria are met:
25.29 (1) the subsequent background study was initiated in connection with a program licensed
25.30or regulated under the same provisions of law and rule for at least one program for which
25.31the individual's disqualification was previously set aside by the commissioner;
25.32 (2) the individual is not disqualified for an offense specified in section 245C.15,
25.33subdivision 1 or 2;
25Sec. 17.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 26.1 (3) the commissioner has received no new information to indicate that the individual
26.2may pose a risk of harm to any person served by the program; and
26.3 (4) the previous set-aside was not limited to a specific person receiving services.
26.4 (c) Notwithstanding paragraph (b), clause (2), for an individual who is employed in the
26.5substance use disorder field, if the commissioner has previously set aside an individual's
26.6disqualification for one or more programs or agencies in the substance use disorder treatment
26.7field, and the individual is the subject of a subsequent background study for a different
26.8program or agency in the substance use disorder treatment field, the commissioner shall set
26.9aside the disqualification for the program or agency in the substance use disorder treatment
26.10field that initiated the subsequent background study when the criteria under paragraph (b),
26.11clauses (1), (3), and (4), are met and the individual is not disqualified for an offense specified
26.12in section 245C.15, subdivision 1. A notice of a set-aside under paragraph (d) shall be issued
26.13within 15 working days.
26.14 (d) When a disqualification is set aside under paragraph (b), the notice of background
26.15study results issued under section 245C.17, in addition to the requirements under section
26.16245C.17, shall state that the disqualification is set aside for the program or agency that
26.17initiated the subsequent background study. The notice must inform the individual that the
26.18individual may request reconsideration of the disqualification under section 245C.21 on the
26.19basis that the information used to disqualify the individual is incorrect.
26.20Sec. 18. Minnesota Statutes 2024, section 254A.19, subdivision 4, is amended to read:
26.21 Subd. 4.Civil commitments.For the purposes of determining level of care, a
26.22comprehensive assessment does not need to be completed for an individual being committed
26.23as a chemically dependent person, as defined in section 253B.02, and for the duration of a
26.24civil commitment under section 253B.09 or 253B.095 in order for a county the individual
26.25to access be eligible for the behavioral health fund under section 254B.04. The county
26.26commissioner must determine if the individual meets the financial eligibility requirements
26.27for the behavioral health fund under section 254B.04.
26.28 EFFECTIVE DATE.This section is effective July 1, 2025.
26.29Sec. 19. Minnesota Statutes 2024, section 256.98, subdivision 1, is amended to read:
26.30 Subdivision 1.Wrongfully obtaining assistance.(a) A person who commits any of the
26.31following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897,
26.32the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC program
26Sec. 19.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 27.1formerly codified in sections 256.72 to 256.871, chapter 142G, 256B, 256D, 256I, 256K,
27.2or 256L, child care assistance programs, and emergency assistance programs under section
27.3256D.06, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses
27.4(1) to (5):
27.5 (1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a
27.6willfully false statement or representation, by intentional concealment of any material fact,
27.7or by impersonation or other fraudulent device, assistance or the continued receipt of
27.8assistance, to include child care assistance or food benefits produced according to sections
27.9145.891 to 145.897 and MinnesotaCare services according to sections 256.9365, 256.94,
27.10and 256L.01 to 256L.15, to which the person is not entitled or assistance greater than that
27.11to which the person is entitled;
27.12 (2) knowingly aids or abets in buying or in any way disposing of the property of a
27.13recipient or applicant of assistance without the consent of the county agency; or
27.14 (3) obtains or attempts to obtain, alone or in collusion with others, the receipt of payments
27.15to which the individual is not entitled as a provider of subsidized child care, or; by furnishing
27.16or concurring in offering, providing, soliciting, or receiving illegal remuneration as described
27.17in section 142E.51, subdivision 6a, or in violation of section 609.542, subdivision 2; or by
27.18submitting or aiding and abetting the submission of a willfully false claim for child care
27.19assistance.
27.20 (b) The continued receipt of assistance to which the person is not entitled or greater than
27.21that to which the person is entitled as a result of any of the acts, failure to act, or concealment
27.22described in this subdivision shall be deemed to be continuing offenses from the date that
27.23the first act or failure to act occurred.
27.24Sec. 20. Minnesota Statutes 2024, section 256B.064, subdivision 1a, is amended to read:
27.25 Subd. 1a.Grounds for sanctions.(a) The commissioner may impose sanctions against
27.26any individual or entity that receives payments from medical assistance or provides goods
27.27or services for which payment is made from medical assistance for any of the following:
27.28 (1) fraud, theft, or abuse in connection with the provision of goods and services to
27.29recipients of public assistance for which payment is made from medical assistance;
27.30 (2) a pattern of presentment of false or duplicate claims or claims for services not
27.31medically necessary;
27.32 (3) a pattern of making false statements of material facts for the purpose of obtaining
27.33greater compensation than that to which the individual or entity is legally entitled;
27Sec. 20.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 28.1 (4) suspension or termination as a Medicare vendor;
28.2 (5) refusal to grant the state agency access during regular business hours to examine all
28.3records necessary to disclose the extent of services provided to program recipients and
28.4appropriateness of claims for payment;
28.5 (6) failure to repay an overpayment or a fine finally established under this section;
28.6 (7) failure to correct errors in the maintenance of health service or financial records for
28.7which a fine was imposed or after issuance of a warning by the commissioner; and
28.8 (8) any reason for which an individual or entity could be excluded from participation in
28.9the Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act.
28.10 (b) For the purposes of this section, goods or services for which payment is made from
28.11medical assistance includes but is not limited to care and services identified in section
28.12256B.0625 or provided pursuant to any federally approved waiver.
28.13 (c) Regardless of the source of payment or other thing of value, the commissioner may
28.14impose sanctions against any individual or entity that solicits, receives, pays, or offers to
28.15pay any illegal remuneration as described in section 142E.51, subdivision 6a, in violation
28.16of section 609.542, subdivision 2, or in violation of United States Code, title 42, section
28.171320a-7b(b)(1) or (2). No conviction is required before the commissioner can impose
28.18sanctions under this paragraph.
28.19 (b) (d) The commissioner may impose sanctions against a pharmacy provider for failure
28.20to respond to a cost of dispensing survey under section 256B.0625, subdivision 13e,
28.21paragraph (h).
28.22Sec. 21. Minnesota Statutes 2024, section 256B.12, is amended to read:
28.23 256B.12 LEGAL REPRESENTATION.
28.24 The attorney general or the appropriate county attorney appearing at the direction of the
28.25attorney general shall be the attorney for the state agency, and the county attorney of the
28.26appropriate county shall be the attorney for the local agency in all matters pertaining hereto.
28.27To prosecute under this chapter or sections 609.466 and, 609.52, subdivision 2, and 609.542
28.28or to recover payments wrongfully made under this chapter, the attorney general or the
28.29appropriate county attorney, acting independently or at the direction of the attorney general
28.30may institute a criminal or civil action.
28Sec. 21.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 29.1 Sec. 22. Minnesota Statutes 2024, section 256G.01, subdivision 3, is amended to read:
29.2 Subd. 3.Program coverage.This chapter applies to all social service programs
29.3administered by the commissioner of human services or the Direct Care and Treatment
29.4executive board in which residence is the determining factor in establishing financial
29.5responsibility. These include, but are not limited to: commitment proceedings, including
29.6voluntary admissions; emergency holds; competency proceedings under chapter 611; poor
29.7relief funded wholly through local agencies; social services, including title XX, IV-E and
29.8section 256K.10; social services programs funded wholly through the resources of county
29.9agencies; social services provided under the Minnesota Indian Family Preservation Act,
29.10sections 260.751 to 260.781; costs for delinquency confinement under section 393.07,
29.11subdivision 2; service responsibility for these programs; and housing support under chapter
29.12256I.
29.13Sec. 23. Minnesota Statutes 2024, section 256G.08, subdivision 1, is amended to read:
29.14 Subdivision 1.Commitment and competency proceedings.In cases of voluntary
29.15admission or, commitment to state or other institutions, or criminal orders for inpatient
29.16examination or participation in a competency attainment program under chapter 611, the
29.17committing county or the county from which the first criminal order for inpatient examination
29.18or order for participation in a competency attainment program under chapter 611 is issued
29.19shall initially pay for all costs. This includes the expenses of the taking into custody,
29.20confinement, emergency holds under sections 253B.051, subdivisions 1 and 2, and 253B.07,
29.21examination, commitment, conveyance to the place of detention, rehearing, and hearings
29.22under section sections 253B.092 and 611.47, including hearings held under that section
29.23which those sections that are venued outside the county of commitment or the county of
29.24the chapter 611 competency proceedings order.
29.25Sec. 24. Minnesota Statutes 2024, section 256G.08, subdivision 2, is amended to read:
29.26 Subd. 2.Responsibility for nonresidents.If a person committed or, voluntarily admitted
29.27to a state institution, or ordered for inpatient examination or participation in a competency
29.28attainment program under chapter 611 has no residence in this state, financial responsibility
29.29belongs to the county of commitment or the county from which the first criminal order for
29.30inpatient examination or order for participation in a competency attainment program under
29.31chapter 611 was issued.
29Sec. 24.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 30.1 Sec. 25. Minnesota Statutes 2024, section 256G.09, subdivision 1, is amended to read:
30.2 Subdivision 1.General procedures.If upon investigation the local agency decides that
30.3the application or, commitment, or first criminal order under chapter 611 was not filed in
30.4the county of financial responsibility as defined by this chapter, but that the applicant is
30.5otherwise eligible for assistance, it shall send a copy of the application or, commitment
30.6claim, or chapter 611 claim together with the record of any investigation it has made, to the
30.7county it believes is financially responsible. The copy and record must be sent within 60
30.8days of the date the application was approved or the claim was paid. The first local agency
30.9shall provide assistance to the applicant until financial responsibility is transferred under
30.10this section.
30.11 The county receiving the transmittal has 30 days to accept or reject financial
30.12responsibility. A failure to respond within 30 days establishes financial responsibility by
30.13the receiving county.
30.14Sec. 26. Minnesota Statutes 2024, section 256G.09, subdivision 2, is amended to read:
30.15 Subd. 2.Financial disputes.(a) If the county receiving the transmittal does not believe
30.16it is financially responsible, it should provide to the commissioner of human services and
30.17the initially responsible county a statement of all facts and documents necessary for the
30.18commissioner to make the requested determination of financial responsibility. The submission
30.19must clearly state the program area in dispute and must state the specific basis upon which
30.20the submitting county is denying financial responsibility.
30.21 (b) The initially responsible county then has 15 calendar days to submit its position and
30.22any supporting evidence to the commissioner. The absence of a submission by the initially
30.23responsible county does not limit the right of the commissioner of human services or Direct
30.24Care and Treatment executive board to issue a binding opinion based on the evidence actually
30.25submitted.
30.26 (c) A case must not be submitted until the local agency taking the application or, making
30.27the commitment, or residing in the county from which the first criminal order under chapter
30.28611 was issued has made an initial determination about eligibility and financial responsibility,
30.29and services have been initiated. This paragraph does not prohibit the submission of closed
30.30cases that otherwise meet the applicable statute of limitations.
30Sec. 26.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 31.1 Sec. 27. Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read:
31.2 Subdivision 1.Definitions.(a) For purposes of this section and section 480.45, the
31.3following terms have the meanings given.
31.4 (b) "Judicial official" means:
31.5 (1) every Minnesota district court judge, senior judge, retired judge, and every judge of
31.6the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
31.7who resides in Minnesota;
31.8 (2) a justice of the Minnesota Supreme Court;
31.9 (3) employees of the Minnesota judicial branch;
31.10 (4) judicial referees and magistrate judges; and
31.11 (5) current and retired judges and current employees of the Office of Administrative
31.12Hearings, Department of Human Services Appeals Division, Workers' Compensation Court
31.13of Appeals, and Tax Court.
31.14 (c) "Personal information" does not include publicly available information. Personal
31.15information means:
31.16 (1) a residential address of a judicial official;
31.17 (2) a residential address of the spouse, domestic partner, or children of a judicial official;
31.18 (3) a nonjudicial branch issued telephone number or email address of a judicial official;
31.19 (4) the name of any child of a judicial official; and
31.20 (5) the name of any child care facility or school that is attended by a child of a judicial
31.21official if combined with an assertion that the named facility or school is attended by the
31.22child of a judicial official.
31.23 (d) "Publicly available information" means information that is lawfully made available
31.24through federal, state, or local government records or information that a business has a
31.25reasonable basis to believe is lawfully made available to the general public through widely
31.26distributed media, by a judicial official, or by a person to whom the judicial official has
31.27disclosed the information, unless the judicial official has restricted the information to a
31.28specific audience.
31.29 (e) "Law enforcement support organizations" do not include charitable organizations.
31.30 EFFECTIVE DATE.This section is effective the day following final enactment.
31Sec. 27.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 32.1 Sec. 28. [609.542] ILLEGAL REMUNERATIONS.
32.2 Subdivision 1.Definition.As used in this section, "federal health care program" has the
32.3meaning given in United States Code, title 42, section 1320a-7b(f).
32.4 Subd. 2.Human services program; unauthorized remuneration.(a) A person who
32.5intentionally solicits or receives money, a discount, a credit, a waiver, a rebate, a good, a
32.6service, employment, or anything else of value in return for doing any of the following is
32.7guilty of a crime and may be sentenced as provided in subdivision 4:
32.8 (1) referring an individual to a person for the furnishing or arranging for the furnishing
32.9of any item or service for which payment may be made in whole or in part under a federal
32.10health care program, behavioral health program under chapter 254B, or program under
32.11chapter 142E;
32.12 (2) purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing,
32.13or ordering any good, facility, service, or item for which payment may be made in whole
32.14or in part under a federal health care program, behavioral health program under chapter
32.15254B, or program under chapter 142E; or
32.16 (3) applying for or receiving any item or service for which payment may be made in
32.17whole or in part under a federal health care program, behavioral health program under
32.18chapter 254B, or program under chapter 142E.
32.19 (b) A person who intentionally offers or provides money, a discount, a credit, a waiver,
32.20a rebate, a good, a service, employment, or anything else of value to induce a person to do
32.21any of the following is guilty of a crime and may be sentenced as provided in subdivision
32.224:
32.23 (1) refer an individual to a person for the furnishing or arranging for the furnishing of
32.24any item or service for which payment may be made in whole or in part under a federal
32.25health care program, behavioral health program under chapter 254B, or program under
32.26chapter 142E;
32.27 (2) purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering
32.28any good, facility, service, or item for which payment may be made in whole or in part
32.29under a federal health care program, behavioral health program under chapter 254B, or
32.30program under chapter 142E; or
32.31 (3) apply for or receive any item or service for which payment may be made in whole
32.32or in part under a federal health care program, behavioral health program under chapter
32.33254B, or program under chapter 142E.
32Sec. 28.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 33.1 Subd. 3.Exceptions.(a) Subdivision 2 does not apply to any payment, discount, waiver,
33.2or other remuneration exempted under United States Code, title 42, section 1320a-7b(b)(3),
33.3or payment made under a federal health care program that is exempt from liability by United
33.4States Code, title 42, section 1001.952.
33.5 (b) For actions involving a program under chapter 142E, subdivision 2, does not apply
33.6to:
33.7 (1) any amount paid by an employer to a bona fide employee for providing covered
33.8items or services under chapter 142E while acting in the course and scope of employment;
33.9or
33.10 (2) child care provider discounts, scholarships, or other financial assistance to families
33.11allowed under section 142E.17, subdivision 7.
33.12 Subd. 4.Penalties.Whoever violates subdivision 2 may be sentenced as follows:
33.13 (1) to imprisonment of not more than 20 years or to payment of a fine of not more than
33.14$100,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
33.15employment, or other thing of value solicited, received, offered, or provided exceeds $35,000;
33.16 (2) to imprisonment of not more than ten years or to payment of a fine of not more than
33.17$20,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
33.18employment, or other thing of value solicited, received, offered, or provided is more than
33.19$5,000 but not more than $35,000; or
33.20 (3) imprisonment for not more than five years or to payment of a fine of not more than
33.21$10,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
33.22employment, or other thing of value solicited, received, offered, or provided is not more
33.23than $5,000.
33.24 Subd. 5.Aggregation.In a prosecution under this section, the value of any money,
33.25discount, credit, waiver, rebate, good, service, employment, or other thing of value solicited,
33.26received, offered, or provided within a six-month period may be aggregated and the defendant
33.27charged accordingly. When two or more offenses are committed by the same person in two
33.28or more counties, the accused may be prosecuted in any county in which one of the offenses
33.29was committed for all of the offenses aggregated under this subdivision.
33.30 Subd. 6.False claims.In addition to the penalties provided for in this section, a claim,
33.31as defined in section 15C.01, subdivision 2, that includes items or services resulting from
33.32a violation of this section constitutes a false or fraudulent claim for purposes of section
33.3315C.02.
33Sec. 28.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 34.1 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
34.2committed on or after that date.
34.3 Sec. 29. Minnesota Statutes 2024, section 611.43, is amended by adding a subdivision to
34.4read:
34.5 Subd. 5.Costs related to confined treatment.(a) When a defendant is ordered to
34.6participate in an examination in a treatment facility, a locked treatment facility, or a
34.7state-operated treatment facility under subdivision 1, paragraph (b), the facility shall bill
34.8the responsible health plan first. The county in which the criminal charges are filed is
34.9responsible to pay any charges not covered by the health plan, including co-pays and
34.10deductibles. If the defendant has health plan coverage and is confined in a hospital, but the
34.11hospitalization does not meet the criteria in section 62M.07, subdivision 2, clause (1);
34.1262Q.53; 62Q.535, subdivision 1; or 253B.045, subdivision 6, the county in which criminal
34.13charges are filed is responsible for payment.
34.14 (b) The Direct Care and Treatment executive board shall determine the cost of
34.15confinement in a state-operated treatment facility based on the executive board's
34.16determination of cost of care pursuant to section 246.50, subdivision 5.
34.17Sec. 30. Minnesota Statutes 2024, section 611.46, subdivision 1, is amended to read:
34.18 Subdivision 1.Order to competency attainment program.(a) If the court finds the
34.19defendant incompetent and the charges have not been dismissed, the court shall order the
34.20defendant to participate in a program to assist the defendant in attaining competency. The
34.21court may order participation in a competency attainment program provided outside of a
34.22jail, a jail-based competency attainment program, or an alternative program. The court must
34.23determine the least-restrictive program appropriate to meet the defendant's needs and public
34.24safety. In making this determination, the court must consult with the forensic navigator and
34.25consider any recommendations of the court examiner. The court shall not order a defendant
34.26to participate in a jail-based program or a state-operated treatment program if the highest
34.27criminal charge is a targeted misdemeanor.
34.28 (b) If the court orders the defendant to a locked treatment facility or jail-based program,
34.29the court must calculate the defendant's custody credit and cannot order the defendant to a
34.30locked treatment facility or jail-based program for a period that would cause the defendant's
34.31custody credit to exceed the maximum sentence for the underlying charge.
34.32 (c) The court may only order the defendant to participate in competency attainment at
34.33an inpatient or residential treatment program under this section if the head of the treatment
34Sec. 30.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 35.1program determines that admission to the program is clinically appropriate and consents to
35.2the defendant's admission. The court may only order the defendant to participate in
35.3competency attainment at a state-operated treatment facility under this section if the Direct
35.4Care and Treatment executive board or a designee determines that admission of the defendant
35.5is clinically appropriate and consents to the defendant's admission. The court may require
35.6a competency program that qualifies as a locked facility or a state-operated treatment program
35.7to notify the court in writing of the basis for refusing consent for admission of the defendant
35.8in order to ensure transparency and maintain an accurate record. The court may not require
35.9personal appearance of any representative of a competency program. The court shall send
35.10a written request for notification to the locked facility or state-operated treatment program
35.11and the locked facility or state-operated treatment program shall provide a written response
35.12to the court within ten days of receipt of the court's request.
35.13 (d) If the defendant is confined in jail and has not received competency attainment
35.14services within 30 days of the finding of incompetency, the court shall review the case with
35.15input from the prosecutor and defense counsel and may:
35.16 (1) order the defendant to participate in an appropriate competency attainment program
35.17that takes place outside of a jail;
35.18 (2) order a conditional release of the defendant with conditions that include but are not
35.19limited to a requirement that the defendant participate in a competency attainment program
35.20when one becomes available and accessible;
35.21 (3) make a determination as to whether the defendant is likely to attain competency in
35.22the reasonably foreseeable future and proceed under section 611.49; or
35.23 (4) upon a motion, dismiss the charges in the interest of justice.
35.24 (e) The court may order any hospital, treatment facility, or correctional facility that has
35.25provided care or supervision to a defendant in the previous two years to provide copies of
35.26the defendant's medical records to the competency attainment program or alternative program
35.27in which the defendant was ordered to participate. This information shall be provided in a
35.28consistent and timely manner and pursuant to all applicable laws.
35.29 (f) If at any time the defendant refuses to participate in a competency attainment program
35.30or an alternative program, the head of the program shall notify the court and any entity
35.31responsible for supervision of the defendant.
35.32 (g) At any time, the head of the program may discharge the defendant from the program
35.33or facility. The head of the program must notify the court, prosecutor, defense counsel, and
35Sec. 30.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 36.1any entity responsible for the supervision of the defendant prior to any planned discharge.
36.2Absent emergency circumstances, this notification shall be made five days prior to the
36.3discharge if the defendant is not being discharged to jail or a correctional facility. Upon the
36.4receipt of notification of discharge or upon the request of either party in response to
36.5notification of discharge, the court may order that a defendant who is subject to bail or
36.6unmet conditions of release be returned to jail upon being discharged from the program or
36.7facility. If the court orders a defendant returned to jail, the court shall notify the parties and
36.8head of the program at least one day before the defendant's planned discharge, except in
36.9the event of an emergency discharge where one day notice is not possible. The court must
36.10hold a review hearing within seven days of the defendant's return to jail. The forensic
36.11navigator must be given notice of the hearing and be allowed to participate.
36.12 (h) If the defendant is discharged from the program or facility under emergency
36.13circumstances, notification of emergency discharge shall include a description of the
36.14emergency circumstances and may include a request for emergency transportation. The
36.15court shall make a determination on a request for emergency transportation within 24 hours.
36.16Nothing in this section prohibits a law enforcement agency from transporting a defendant
36.17pursuant to any other authority.
36.18 (i) If the defendant is ordered to participate in an inpatient or residential competency
36.19attainment or alternative program, the program or facility must notify the court, prosecutor,
36.20defense counsel, and any entity responsible for the supervision of the defendant if the
36.21defendant is placed on a leave or elopement status from the program and if the defendant
36.22returns to the program from a leave or elopement status.
36.23 (j) Defense counsel and prosecutors must have access to information relevant to a
36.24defendant's participation and treatment in a competency attainment program or alternative
36.25program, including but not limited to discharge planning.
36.26Sec. 31. Minnesota Statutes 2024, section 611.55, is amended by adding a subdivision to
36.27read:
36.28 Subd. 5.Data access.Forensic navigators must have access to all data collected, created,
36.29or maintained by a competency attainment program or an alternative program regarding a
36.30defendant in order for navigators to carry out their duties under this section. A competency
36.31attainment program or alternative program may request a copy of the court order appointing
36.32the forensic navigator before disclosing any private information about a defendant.
36Sec. 31.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT 37.1 Sec. 32. Laws 2023, chapter 70, article 7, section 34, the effective date, is amended to
37.2read:
37.3 EFFECTIVE DATE.This section is effective for background studies requested on or
37.4after August 1, 2024 the day following final enactment.
37Sec. 32.
REVISOR DTT H2260-2HF2260 SECOND ENGROSSMENT