33 | | - | The bill was read for the first time and referred to the Committee on Health Finance and Policy |
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34 | | - | Adoption of Report: Amended and re-referred to the Committee on Ways and Means04/21/2025 2.1Subd. 2.Forecasted Programs |
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35 | | - | 2.2(a) Minnesota Family |
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36 | | - | 2.3Investment Program |
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37 | | - | 2.4(MFIP)/Diversionary Work |
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38 | | - | 2.5Program (DWP) |
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39 | | - | 2.6 Appropriations by Fund |
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40 | | - | 2.7 2025 |
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41 | | - | (5,951,000)2.8General |
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42 | | - | (5,285,000)2.9Federal TANF |
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43 | | - | (62,336,000)2.10(b) MFIP Child Care Assistance |
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44 | | - | 3,737,0002.11(c) General Assistance |
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45 | | - | 3,428,0002.12(d) Minnesota Supplemental Aid |
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46 | | - | 11,923,0002.13(e) Housing Support |
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47 | | - | (9,526,000)2.14(f) Northstar Care for Children |
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48 | | - | (16,182,000)2.15(g) MinnesotaCare |
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49 | | - | 2.16This appropriation is from the health care |
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50 | | - | 2.17access fund. |
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51 | | - | 2.18(h) Medical Assistance |
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52 | | - | 2.19 Appropriations by Fund |
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53 | | - | 2.20 2025 |
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54 | | - | (1,735,000)2.21General |
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55 | | - | (443,000)2.22Health Care Access |
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56 | | - | 135,928,0002.23(i) Behavioral Health Fund |
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57 | | - | 2.24 Sec. 3. EFFECTIVE DATE. |
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58 | | - | 2.25 Sections 1 and 2 are effective the day following final enactment. |
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59 | | - | 2Sec. 3. |
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60 | | - | REVISOR DTT H2435-1HF2435 FIRST ENGROSSMENT |
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| 44 | + | The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 45 | + | 2.2 ARTICLE 1 |
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| 46 | + | 2.3 DEPARTMENT OF HEALTH |
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| 47 | + | 2.4 Section 1. Minnesota Statutes 2024, section 62D.21, is amended to read: |
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| 48 | + | 2.5 62D.21 FEES. |
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| 49 | + | 2.6 Every health maintenance organization subject to sections 62D.01 to 62D.30 shall pay |
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| 50 | + | 2.7to the commissioner of health the following fees as prescribed by the commissioner of health |
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| 51 | + | 2.8pursuant to section 144.122 for the following: |
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| 52 | + | 2.9 (1) filing an application for a certificate of authority: $10,000; |
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| 53 | + | 2.10 (2) filing an amendment to a certificate of authority: $125; |
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| 54 | + | 2.11 (3) filing each annual report: $400; and |
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| 55 | + | 2.12 (4) other filings, as specified by rule. |
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| 56 | + | 2.13 (4) filing each quarterly report: $200; and |
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| 57 | + | 2.14 (5) filing annual plan review documents, amendments to plan documents, and quality |
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| 58 | + | 2.15plans: $125. |
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| 59 | + | 2.16 EFFECTIVE DATE.This section is effective January 1, 2026. |
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| 60 | + | 2.17 Sec. 2. Minnesota Statutes 2024, section 62D.211, is amended to read: |
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| 61 | + | 2.18 62D.211 RENEWAL FEE. |
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| 62 | + | 2.19 Each health maintenance organization subject to sections 62D.01 to 62D.30 shall submit |
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| 63 | + | 2.20to the commissioner of health each year before June 15 a certificate of authority renewal |
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| 64 | + | 2.21fee in the amount of $10,000 $30,000 each plus 20 88 cents per person enrolled in the health |
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| 65 | + | 2.22maintenance organization on December 31 of the preceding year. The commissioner may |
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| 66 | + | 2.23adjust the renewal fee in rule under the provisions of chapter 14. |
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| 67 | + | 2.24 EFFECTIVE DATE.This section is effective January 1, 2026. |
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| 68 | + | 2.25 Sec. 3. Minnesota Statutes 2024, section 103I.005, subdivision 17b, is amended to read: |
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| 69 | + | 2.26 Subd. 17b.Temporary boring."Temporary boring" means an excavation that is 15 |
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| 70 | + | 2.27feet or more in depth, is sealed within 72 hours of the time of construction, and is drilled, |
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| 71 | + | 2.28cored, washed, driven, dug, jetted, or otherwise constructed to: |
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| 72 | + | 2Article 1 Sec. 3. |
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| 73 | + | REVISOR DTT/HL 25-0033803/03/25 3.1 (1) conduct physical, chemical, or biological testing of groundwater, including |
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| 74 | + | 3.2groundwater quality monitoring; |
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| 75 | + | 3.3 (2) monitor or measure physical, chemical, radiological, or biological parameters of |
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| 76 | + | 3.4earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or |
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| 77 | + | 3.5resistance; |
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| 78 | + | 3.6 (3) measure groundwater levels, including use of a piezometer; and or |
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| 79 | + | 3.7 (4) determine groundwater flow direction or velocity. |
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| 80 | + | 3.8 Sec. 4. Minnesota Statutes 2024, section 103I.101, subdivision 2, is amended to read: |
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| 81 | + | 3.9 Subd. 2.Duties.The commissioner shall: |
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| 82 | + | 3.10 (1) regulate the drilling, construction, modification, repair, and sealing of wells and |
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| 83 | + | 3.11borings; |
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| 84 | + | 3.12 (2) examine and license: |
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| 85 | + | 3.13 (i) well contractors; |
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| 86 | + | 3.14 (ii) persons constructing, repairing, and sealing bored geothermal heat exchangers; |
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| 87 | + | 3.15 (iii) persons modifying or repairing well casings above the pitless unit or adaptor, well |
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| 88 | + | 3.16screens, well diameters, and installing well pumps or pumping equipment; |
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| 89 | + | 3.17 (iv) persons constructing, repairing, and sealing dewatering wells; |
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| 90 | + | 3.18 (v) persons sealing wells or borings; and |
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| 91 | + | 3.19 (vi) persons excavating or drilling holes for the installation of elevator borings; and |
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| 92 | + | 3.20 (vii) persons installing, removing, or maintaining groundwater thermal exchange devices |
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| 93 | + | 3.21and submerged closed loop heat exchangers; |
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| 94 | + | 3.22 (3) examine and license environmental well contractors; |
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| 95 | + | 3.23 (4) license explorers engaged in exploratory boring and examine individuals who |
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| 96 | + | 3.24supervise or oversee exploratory boring; |
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| 97 | + | 3.25 (5) after consultation with the commissioner of natural resources and the Pollution |
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| 98 | + | 3.26Control Agency, establish standards for the design, location, construction, repair, and sealing |
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| 99 | + | 3.27of wells and borings within the state; and |
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| 100 | + | 3.28 (6) issue permits for wells, groundwater thermal devices, bored geothermal heat |
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| 101 | + | 3.29exchangers, installation of submerged closed loop heat exchanger systems, and elevator |
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| 102 | + | 3.30borings. |
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| 103 | + | 3Article 1 Sec. 4. |
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| 104 | + | REVISOR DTT/HL 25-0033803/03/25 4.1 Sec. 5. Minnesota Statutes 2024, section 103I.101, subdivision 5, is amended to read: |
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| 105 | + | 4.2 Subd. 5.Commissioner to adopt rules.The commissioner shall adopt rules including: |
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| 106 | + | 4.3 (1) issuance of licenses for: |
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| 107 | + | 4.4 (i) qualified well contractors; |
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| 108 | + | 4.5 (ii) persons constructing, repairing, and sealing dewatering wells; |
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| 109 | + | 4.6 (iii) persons sealing wells or borings; |
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| 110 | + | 4.7 (iv) persons installing, modifying, or repairing well casings, well screens, well diameters, |
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| 111 | + | 4.8and well pumps or pumping equipment; |
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| 112 | + | 4.9 (v) persons constructing, repairing, and sealing bored geothermal heat exchangers; |
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| 113 | + | 4.10 (vi) persons constructing, repairing, and sealing elevator borings; and |
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| 114 | + | 4.11 (vii) persons constructing, repairing, and sealing environmental wells; and |
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| 115 | + | 4.12 (viii) persons installing, removing, or maintaining groundwater thermal exchange devices |
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| 116 | + | 4.13and submerged closed loop heat exchangers; |
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| 117 | + | 4.14 (2) establishment of conditions for examination and review of applications for license |
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| 118 | + | 4.15and certification; |
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| 119 | + | 4.16 (3) establishment of conditions for revocation and suspension of license and certification; |
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| 120 | + | 4.17 (4) establishment of minimum standards for design, location, construction, repair, and |
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| 121 | + | 4.18sealing of wells and borings to implement the purpose and intent of this chapter; |
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| 122 | + | 4.19 (5) establishment of a system for reporting on wells and borings drilled and sealed; |
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| 123 | + | 4.20 (6) establishment of standards for the construction, maintenance, sealing, and water |
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| 124 | + | 4.21quality monitoring of wells in areas of known or suspected contamination; |
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| 125 | + | 4.22 (7) establishment of wellhead protection measures for wells serving public water supplies; |
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| 126 | + | 4.23 (8) establishment of procedures to coordinate collection of well and boring data with |
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| 127 | + | 4.24other state and local governmental agencies; |
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| 128 | + | 4.25 (9) establishment of criteria and procedures for submission of well and boring logs, |
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| 129 | + | 4.26formation samples or well or boring cuttings, water samples, or other special information |
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| 130 | + | 4.27required for and water resource mapping; and |
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| 131 | + | 4.28 (10) establishment of minimum standards for design, location, construction, maintenance, |
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| 132 | + | 4.29repair, sealing, safety, and resource conservation related to borings, including exploratory |
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| 133 | + | 4.30borings as defined in section 103I.005, subdivision 9. |
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| 134 | + | 4Article 1 Sec. 5. |
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| 135 | + | REVISOR DTT/HL 25-0033803/03/25 5.1 Sec. 6. Minnesota Statutes 2024, section 103I.101, subdivision 6, is amended to read: |
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| 136 | + | 5.2 Subd. 6.Fees for variances.The commissioner shall charge a nonrefundable application |
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| 137 | + | 5.3fee of $275 $325 to cover the administrative cost of processing a request for a variance or |
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| 138 | + | 5.4modification of rules adopted by the commissioner under this chapter. |
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| 139 | + | 5.5 Sec. 7. Minnesota Statutes 2024, section 103I.101, is amended by adding a subdivision |
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| 140 | + | 5.6to read: |
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| 141 | + | 5.7 Subd. 7.Inspection.At a minimum, the commissioner of health shall inspect at least |
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| 142 | + | 5.825 percent of well construction notifications each year under this section. |
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| 143 | + | 5.9 Sec. 8. Minnesota Statutes 2024, section 103I.208, subdivision 1, is amended to read: |
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| 144 | + | 5.10 Subdivision 1.Well notification fee.The well notification fee to be paid by a property |
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| 145 | + | 5.11owner is: |
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| 146 | + | 5.12 (1) for construction of a water supply well, $275 $325, which includes the state core |
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| 147 | + | 5.13function fee; |
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| 148 | + | 5.14 (2) for a well sealing, $75 $125 for each well or temporary boring, which includes the |
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| 149 | + | 5.15state core function fee, except that: (i) a single notification and fee of $75 $125 is required |
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| 150 | + | 5.16for all temporary borings on a single property and sealed within 72 hours of start of |
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| 151 | + | 5.17construction; and (ii) temporary borings less than 25 feet in depth are exempt from the |
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| 152 | + | 5.18notification and fee requirements in this chapter; |
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| 153 | + | 5.19 (3) for construction of a dewatering well, $275 $330, which includes the state core |
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| 154 | + | 5.20function fee, for each dewatering well, except a dewatering project comprising five or more |
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| 155 | + | 5.21dewatering wells shall be assessed a single fee of $1,375 $1,620 for the dewatering wells |
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| 156 | + | 5.22recorded on the notification; and |
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| 157 | + | 5.23 (4) for construction of an environmental well, $275 $330, which includes the state core |
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| 158 | + | 5.24function fee, except that a single fee of $275 is required for all environmental wells recorded |
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| 159 | + | 5.25on the notification that are located on a single property, and except that no fee is required |
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| 160 | + | 5.26for construction of a temporary boring for each environmental well, except an environmental |
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| 161 | + | 5.27well site project comprising five or more environmental wells shall be assessed a single fee |
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| 162 | + | 5.28of $1,620 for the environmental wells recorded on the notification. |
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| 163 | + | 5.29 Sec. 9. Minnesota Statutes 2024, section 103I.208, subdivision 1a, is amended to read: |
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| 164 | + | 5.30 Subd. 1a.State core function fee.The state core function fee to be collected by the |
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| 165 | + | 5.31state and delegated community health boards and used to support state core functions is: |
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| 166 | + | 5Article 1 Sec. 9. |
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| 167 | + | REVISOR DTT/HL 25-0033803/03/25 6.1 (1) for a new well, $20 $40; and |
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| 168 | + | 6.2 (2) for a well sealing, $5 $15. |
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| 169 | + | 6.3 Sec. 10. Minnesota Statutes 2024, section 103I.208, subdivision 2, is amended to read: |
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| 170 | + | 6.4 Subd. 2.Permit fee.(a) The permit fee to be paid by a property owner is: |
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| 171 | + | 6.5 (1) for a water supply well that is not in use under a maintenance permit, $175 $225 |
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| 172 | + | 6.6annually; |
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| 173 | + | 6.7 (2) for an environmental well that is unsealed under a maintenance permit, $175 annually |
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| 174 | + | 6.8except no fee is required for an environmental well owned by a federal agency, state agency, |
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| 175 | + | 6.9or local unit of government that is unsealed under a maintenance permit. "Local unit of |
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| 176 | + | 6.10government" means a statutory or home rule charter city, town, county, or soil and water |
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| 177 | + | 6.11conservation district, a watershed district, an organization formed for the joint exercise of |
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| 178 | + | 6.12powers under section 471.59, a community health board, or other special purpose district |
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| 179 | + | 6.13or authority with local jurisdiction in water and related land resources management; |
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| 180 | + | 6.14 (3) for environmental wells on an environmental well site that are unsealed under a |
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| 181 | + | 6.15maintenance permit,: |
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| 182 | + | 6.16 $175 (i) $225 annually for one to ten environmental wells per site regardless of the |
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| 183 | + | 6.17number of environmental wells located on site; |
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| 184 | + | 6.18 (ii) $325 annually for 11 to 20 environmental wells per site; and |
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| 185 | + | 6.19 (iii) $425 annually for 21 or more environmental wells per site; |
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| 186 | + | 6.20 (4) for a groundwater thermal exchange device, in addition to the notification fee for |
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| 187 | + | 6.21water supply wells, $275 $350 for systems using 20 gallons per minute or less and $590 |
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| 188 | + | 6.22for systems using over 20 gallons per minute, which includes the state core function fee; |
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| 189 | + | 6.23 (5) for a bored geothermal heat exchanger with less than ten tons of heating/cooling |
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| 190 | + | 6.24capacity, $275 $350; |
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| 191 | + | 6.25 (6) for a bored geothermal heat exchanger with ten to 50 tons of heating/cooling capacity, |
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| 192 | + | 6.26$515 $590; |
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| 193 | + | 6.27 (7) for a bored geothermal heat exchanger with greater than 50 tons of heating/cooling |
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| 194 | + | 6.28capacity, $740 $815; |
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| 195 | + | 6.29 (8) for a dewatering well that is unsealed under a maintenance permit, $175 $330 annually |
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| 196 | + | 6.30for each dewatering well, except a dewatering project comprising more than five or more |
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| 197 | + | 6Article 1 Sec. 10. |
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| 198 | + | REVISOR DTT/HL 25-0033803/03/25 7.1dewatering wells shall be issued a single permit for $875 $1,620 annually for dewatering |
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| 199 | + | 7.2wells recorded on the permit; |
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| 200 | + | 7.3 (9) for an elevator boring, $275 $325 for each boring; and |
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| 201 | + | 7.4 (10) for a submerged closed loop heat exchanger system, in addition to the notification |
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| 202 | + | 7.5fee for water supply wells, $3,250, which includes the state core function fee. |
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| 203 | + | 7.6 (b) For purposes of this subdivision, an environmental well site includes all of the |
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| 204 | + | 7.7environmental wells on a single property. A single property is considered one tax parcel or |
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| 205 | + | 7.8multiple contiguous parcels with the same owner. |
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| 206 | + | 7.9 Sec. 11. Minnesota Statutes 2024, section 103I.235, subdivision 1, is amended to read: |
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| 207 | + | 7.10 Subdivision 1.Disclosure of wells to buyer.(a) Before signing an agreement to sell or |
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| 208 | + | 7.11transfer real property, the seller must disclose in writing to the buyer information about the |
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| 209 | + | 7.12status and location of all known wells on the property, by delivering to the buyer either a |
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| 210 | + | 7.13statement by the seller that the seller does not know of any wells on the property, or a |
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| 211 | + | 7.14disclosure statement indicating the legal description and county, and a map drawn from |
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| 212 | + | 7.15available information showing the location of each well to the extent practicable. In the |
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| 213 | + | 7.16disclosure statement, the seller must indicate, for each well, whether the well is in use, not |
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| 214 | + | 7.17in use, or sealed. |
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| 215 | + | 7.18 (b) At the time of closing of the sale, the disclosure statement information, name and |
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| 216 | + | 7.19mailing address of the buyer, and the quartile, section, township, and range in which each |
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| 217 | + | 7.20well is located must be provided on a well disclosure certificate signed by the seller or a |
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| 218 | + | 7.21person authorized to act on behalf of the seller. |
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| 219 | + | 7.22 (c) A well disclosure certificate need not be provided if the seller does not know of any |
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| 220 | + | 7.23wells on the property and the deed or other instrument of conveyance contains the statement: |
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| 221 | + | 7.24"The Seller certifies that the Seller does not know of any wells on the described real |
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| 222 | + | 7.25property." |
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| 223 | + | 7.26 (d) If a deed is given pursuant to a contract for deed, the well disclosure certificate |
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| 224 | + | 7.27required by this subdivision shall be signed by the buyer or a person authorized to act on |
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| 225 | + | 7.28behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure |
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| 226 | + | 7.29certificate is not required if the following statement appears on the deed followed by the |
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| 227 | + | 7.30signature of the grantee or, if there is more than one grantee, the signature of at least one |
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| 228 | + | 7.31of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the |
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| 229 | + | 7.32described real property." The statement and signature of the grantee may be on the front or |
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| 230 | + | 7Article 1 Sec. 11. |
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| 231 | + | REVISOR DTT/HL 25-0033803/03/25 8.1back of the deed or on an attached sheet and an acknowledgment of the statement by the |
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| 232 | + | 8.2grantee is not required for the deed to be recordable. |
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| 233 | + | 8.3 (e) This subdivision does not apply to the sale, exchange, or transfer of real property: |
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| 234 | + | 8.4 (1) that consists solely of a sale or transfer of severed mineral interests; or |
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| 235 | + | 8.5 (2) that consists of an individual condominium unit as described in chapters 515 and |
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| 236 | + | 8.6515B. |
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| 237 | + | 8.7 (f) For an area owned in common under chapter 515 or 515B the association or other |
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| 238 | + | 8.8responsible person must report to the commissioner by July 1, 1992, the location and status |
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| 239 | + | 8.9of all wells in the common area. The association or other responsible person must notify |
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| 240 | + | 8.10the commissioner within 30 days of any change in the reported status of wells. |
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| 241 | + | 8.11 (g) If the seller fails to provide a required well disclosure certificate, the buyer, or a |
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| 242 | + | 8.12person authorized to act on behalf of the buyer, may sign a well disclosure certificate based |
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| 243 | + | 8.13on the information provided on the disclosure statement required by this section or based |
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| 244 | + | 8.14on other available information. |
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| 245 | + | 8.15 (h) A county recorder or registrar of titles may not record a deed or other instrument of |
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| 246 | + | 8.16conveyance dated after October 31, 1990, for which a certificate of value is required under |
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| 247 | + | 8.17section 272.115, or any deed or other instrument of conveyance dated after October 31, |
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| 248 | + | 8.181990, from a governmental body exempt from the payment of state deed tax, unless the |
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| 249 | + | 8.19deed or other instrument of conveyance contains the statement made in accordance with |
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| 250 | + | 8.20paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all the |
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| 251 | + | 8.21information required by paragraph (b) or (d). The county recorder or registrar of titles must |
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| 252 | + | 8.22not accept a certificate unless it contains all the required information. The county recorder |
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| 253 | + | 8.23or registrar of titles shall note on each deed or other instrument of conveyance accompanied |
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| 254 | + | 8.24by a well disclosure certificate that the well disclosure certificate was received. The notation |
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| 255 | + | 8.25must include the statement "No wells on property" if the disclosure certificate states there |
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| 256 | + | 8.26are no wells on the property. The well disclosure certificate shall not be filed or recorded |
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| 257 | + | 8.27in the records maintained by the county recorder or registrar of titles. After noting "No wells |
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| 258 | + | 8.28on property" on the deed or other instrument of conveyance, the county recorder or registrar |
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| 259 | + | 8.29of titles shall destroy or return to the buyer the well disclosure certificate. The county |
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| 260 | + | 8.30recorder or registrar of titles shall collect from the buyer or the person seeking to record a |
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| 261 | + | 8.31deed or other instrument of conveyance, a fee of $50 $54 for receipt of a completed well |
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| 262 | + | 8.32disclosure certificate. By the tenth day of each month, the county recorder or registrar of |
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| 263 | + | 8.33titles shall transmit the well disclosure certificates to the commissioner of health. By the |
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| 264 | + | 8.34tenth day after the end of each calendar quarter, the county recorder or registrar of titles |
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| 265 | + | 8Article 1 Sec. 11. |
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| 266 | + | REVISOR DTT/HL 25-0033803/03/25 9.1shall transmit to the commissioner of health $42.50 $46.50 of the fee for each well disclosure |
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| 267 | + | 9.2certificate received during the quarter. The commissioner shall maintain the well disclosure |
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| 268 | + | 9.3certificate for at least six years. The commissioner may store the certificate as an electronic |
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| 269 | + | 9.4image. A copy of that image shall be as valid as the original. |
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| 270 | + | 9.5 (i) No new well disclosure certificate is required under this subdivision if the buyer or |
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| 271 | + | 9.6seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed or |
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| 272 | + | 9.7other instrument of conveyance that the status and number of wells on the property have |
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| 273 | + | 9.8not changed since the last previously filed well disclosure certificate. The following |
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| 274 | + | 9.9statement, if followed by the signature of the person making the statement, is sufficient to |
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| 275 | + | 9.10comply with the certification requirement of this paragraph: "I am familiar with the property |
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| 276 | + | 9.11described in this instrument and I certify that the status and number of wells on the described |
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| 277 | + | 9.12real property have not changed since the last previously filed well disclosure certificate." |
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| 278 | + | 9.13The certification and signature may be on the front or back of the deed or on an attached |
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| 279 | + | 9.14sheet and an acknowledgment of the statement is not required for the deed or other instrument |
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| 280 | + | 9.15of conveyance to be recordable. |
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| 281 | + | 9.16 (j) The commissioner in consultation with county recorders shall prescribe the form for |
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| 282 | + | 9.17a well disclosure certificate and provide well disclosure certificate forms to county recorders |
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| 283 | + | 9.18and registrars of titles and other interested persons. |
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| 284 | + | 9.19 (k) Failure to comply with a requirement of this subdivision does not impair: |
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| 285 | + | 9.20 (1) the validity of a deed or other instrument of conveyance as between the parties to |
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| 286 | + | 9.21the deed or instrument or as to any other person who otherwise would be bound by the deed |
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| 287 | + | 9.22or instrument; or |
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| 288 | + | 9.23 (2) the record, as notice, of any deed or other instrument of conveyance accepted for |
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| 289 | + | 9.24filing or recording contrary to the provisions of this subdivision. |
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| 290 | + | 9.25 Sec. 12. Minnesota Statutes 2024, section 103I.525, subdivision 2, is amended to read: |
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| 291 | + | 9.26 Subd. 2.Certification fee.(a) The application fee for certification as a representative |
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| 292 | + | 9.27of a well contractor is $75 $100. The commissioner may not act on an application until the |
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| 293 | + | 9.28application fee is paid. |
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| 294 | + | 9.29 (b) The renewal fee for certification as a representative of a well contractor is $75 $100. |
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| 295 | + | 9.30The commissioner may not renew a certification until the renewal fee is paid. |
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| 296 | + | 9.31 (c) A certified representative must file an application and a renewal application fee to |
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| 297 | + | 9.32renew the certification by the date stated in the certification. The renewal application must |
---|
| 298 | + | 9Article 1 Sec. 12. |
---|
| 299 | + | REVISOR DTT/HL 25-0033803/03/25 10.1include information that the certified representative has met continuing education |
---|
| 300 | + | 10.2requirements established by the commissioner by rule. |
---|
| 301 | + | 10.3 Sec. 13. Minnesota Statutes 2024, section 103I.525, subdivision 6, is amended to read: |
---|
| 302 | + | 10.4 Subd. 6.License fee.The fee for a well contractor's license is $250 $300. |
---|
| 303 | + | 10.5 Sec. 14. Minnesota Statutes 2024, section 103I.525, subdivision 8, is amended to read: |
---|
| 304 | + | 10.6 Subd. 8.Renewal.(a) A licensee must file an application and a renewal application fee |
---|
| 305 | + | 10.7to renew the license by the date stated in the license. |
---|
| 306 | + | 10.8 (b) The renewal application fee for a well contractor's license is $250 $300. |
---|
| 307 | + | 10.9 (c) The renewal application must include information that the certified representative |
---|
| 308 | + | 10.10of the applicant has met continuing education requirements established by the commissioner |
---|
| 309 | + | 10.11by rule. |
---|
| 310 | + | 10.12 (d) At the time of the renewal, the commissioner must have on file all properly completed |
---|
| 311 | + | 10.13well and boring construction reports, well and boring sealing reports, reports of elevator |
---|
| 312 | + | 10.14borings, water sample analysis reports, well and boring permits, and well notifications for |
---|
| 313 | + | 10.15work conducted by the licensee since the last license renewal. |
---|
| 314 | + | 10.16Sec. 15. Minnesota Statutes 2024, section 103I.531, subdivision 2, is amended to read: |
---|
| 315 | + | 10.17 Subd. 2.Certification fee.(a) The application fee for certification as a representative |
---|
| 316 | + | 10.18of a limited well/boring contractor is $75 $100. The commissioner may not act on an |
---|
| 317 | + | 10.19application until the application fee is paid. |
---|
| 318 | + | 10.20 (b) The renewal fee for certification as a representative of a limited well/boring contractor |
---|
| 319 | + | 10.21is $75 $100. The commissioner may not renew a certification until the renewal fee is paid. |
---|
| 320 | + | 10.22 (c) The fee for three or more limited well/boring contractor certifications is $225 $275. |
---|
| 321 | + | 10.23 (d) A certified representative must file an application and a renewal application fee to |
---|
| 322 | + | 10.24renew the certification by the date stated in the certification. The renewal application must |
---|
| 323 | + | 10.25include information that the certified representative has met continuing education |
---|
| 324 | + | 10.26requirements established by the commissioner by rule. |
---|
| 325 | + | 10.27Sec. 16. Minnesota Statutes 2024, section 103I.531, subdivision 6, is amended to read: |
---|
| 326 | + | 10.28 Subd. 6.License fee.The fee for a limited well/boring contractor's license is $75 $100. |
---|
| 327 | + | 10.29The fee for three or more limited well/boring contractor licenses is $225 $275. |
---|
| 328 | + | 10Article 1 Sec. 16. |
---|
| 329 | + | REVISOR DTT/HL 25-0033803/03/25 11.1 Sec. 17. Minnesota Statutes 2024, section 103I.531, subdivision 8, is amended to read: |
---|
| 330 | + | 11.2 Subd. 8.Renewal.(a) A person must file an application and a renewal application fee |
---|
| 331 | + | 11.3to renew the limited well/boring contractor's license by the date stated in the license. |
---|
| 332 | + | 11.4 (b) The renewal application fee for a limited well/boring contractor's license is $75 $100. |
---|
| 333 | + | 11.5 (c) The renewal application must include information that the certified representative |
---|
| 334 | + | 11.6of the applicant has met continuing education requirements established by the commissioner |
---|
| 335 | + | 11.7by rule. |
---|
| 336 | + | 11.8 (d) At the time of the renewal, the commissioner must have on file all properly completed |
---|
| 337 | + | 11.9well and boring construction reports, well and boring sealing reports, well and boring |
---|
| 338 | + | 11.10permits, water quality sample reports, and well notifications for work conducted by the |
---|
| 339 | + | 11.11licensee since the last license renewal. |
---|
| 340 | + | 11.12Sec. 18. Minnesota Statutes 2024, section 103I.535, subdivision 2, is amended to read: |
---|
| 341 | + | 11.13 Subd. 2.Certification fee.(a) The application fee for certification as a representative |
---|
| 342 | + | 11.14of an elevator boring contractor is $75 $100. The commissioner may not act on an application |
---|
| 343 | + | 11.15until the application fee is paid. |
---|
| 344 | + | 11.16 (b) The renewal fee for certification as a representative of an elevator boring contractor |
---|
| 345 | + | 11.17is $75 $100. The commissioner may not renew a certification until the renewal fee is paid. |
---|
| 346 | + | 11.18 (c) A certified representative must file an application and a renewal application fee to |
---|
| 347 | + | 11.19renew the certification by the date stated in the certification. The renewal application must |
---|
| 348 | + | 11.20include information that the certified representative has met continuing education |
---|
| 349 | + | 11.21requirements established by the commissioner by rule. |
---|
| 350 | + | 11.22Sec. 19. Minnesota Statutes 2024, section 103I.535, subdivision 6, is amended to read: |
---|
| 351 | + | 11.23 Subd. 6.License fee.The fee for an elevator boring contractor's license is $75 $100. |
---|
| 352 | + | 11.24Sec. 20. Minnesota Statutes 2024, section 103I.535, subdivision 8, is amended to read: |
---|
| 353 | + | 11.25 Subd. 8.Renewal.(a) A person must file an application and a renewal application fee |
---|
| 354 | + | 11.26to renew the license by the date stated in the license. |
---|
| 355 | + | 11.27 (b) The renewal application fee for an elevator boring contractor's license is $75 $100. |
---|
| 356 | + | 11.28 (c) The renewal application must include information that the certified representative |
---|
| 357 | + | 11.29of the applicant has met continuing education requirements established by the commissioner |
---|
| 358 | + | 11.30by rule. |
---|
| 359 | + | 11Article 1 Sec. 20. |
---|
| 360 | + | REVISOR DTT/HL 25-0033803/03/25 12.1 (d) At the time of renewal, the commissioner must have on file all reports and permits |
---|
| 361 | + | 12.2for elevator boring work conducted by the licensee since the last license renewal. |
---|
| 362 | + | 12.3 Sec. 21. Minnesota Statutes 2024, section 103I.541, subdivision 2b, is amended to read: |
---|
| 363 | + | 12.4 Subd. 2b.Issuance of license.If a person employs a certified representative, submits |
---|
| 364 | + | 12.5the bond under subdivision 3, and pays the license fee of $75 $100 for an environmental |
---|
| 365 | + | 12.6well contractor license, the commissioner shall issue an environmental well contractor |
---|
| 366 | + | 12.7license to the applicant. The fee for an individual registration is $75 $100. The commissioner |
---|
| 367 | + | 12.8may not act on an application until the application fee is paid. |
---|
| 368 | + | 12.9 Sec. 22. Minnesota Statutes 2024, section 103I.541, subdivision 2c, is amended to read: |
---|
| 369 | + | 12.10 Subd. 2c.Certification fee.(a) The application fee for certification as a representative |
---|
| 370 | + | 12.11of an environmental well contractor is $75 $100. The commissioner may not act on an |
---|
| 371 | + | 12.12application until the application fee is paid. |
---|
| 372 | + | 12.13 (b) The renewal fee for certification as a representative of an environmental well |
---|
| 373 | + | 12.14contractor is $75 $100. The commissioner may not renew a certification until the renewal |
---|
| 374 | + | 12.15fee is paid. |
---|
| 375 | + | 12.16 (c) A certified representative must file an application and a renewal application fee to |
---|
| 376 | + | 12.17renew the certification by the date stated in the certification. The renewal application must |
---|
| 377 | + | 12.18include information that the certified representative has met continuing education |
---|
| 378 | + | 12.19requirements established by the commissioner by rule. |
---|
| 379 | + | 12.20Sec. 23. Minnesota Statutes 2024, section 103I.541, subdivision 4, is amended to read: |
---|
| 380 | + | 12.21 Subd. 4.License renewal.(a) A person must file an application and a renewal application |
---|
| 381 | + | 12.22fee to renew the license by the date stated in the license. |
---|
| 382 | + | 12.23 (b) The renewal application fee for an environmental well contractor's license is $75 |
---|
| 383 | + | 12.24$100. |
---|
| 384 | + | 12.25 (c) The renewal application must include information that the certified representative |
---|
| 385 | + | 12.26of the applicant has met continuing education requirements established by the commissioner |
---|
| 386 | + | 12.27by rule. |
---|
| 387 | + | 12.28 (d) At the time of the renewal, the commissioner must have on file all well and boring |
---|
| 388 | + | 12.29construction reports, well and boring sealing reports, well permits, and notifications for |
---|
| 389 | + | 12.30work conducted by the licensed person since the last license renewal. |
---|
| 390 | + | 12Article 1 Sec. 23. |
---|
| 391 | + | REVISOR DTT/HL 25-0033803/03/25 13.1 Sec. 24. Minnesota Statutes 2024, section 103I.545, subdivision 1, is amended to read: |
---|
| 392 | + | 13.2 Subdivision 1.Drilling machine.(a) A person may not use a drilling machine such as |
---|
| 393 | + | 13.3a cable tool, rotary tool, hollow rod tool, or auger for a drilling activity requiring a license |
---|
| 394 | + | 13.4under this chapter unless the drilling machine is registered with the commissioner. |
---|
| 395 | + | 13.5 (b) A person must apply for the registration on forms prescribed by the commissioner |
---|
| 396 | + | 13.6and submit a $75 $125 registration fee. |
---|
| 397 | + | 13.7 (c) A registration is valid for one year. |
---|
| 398 | + | 13.8 Sec. 25. Minnesota Statutes 2024, section 103I.545, subdivision 2, is amended to read: |
---|
| 399 | + | 13.9 Subd. 2.Hoist.(a) A person may not use a machine such as a hoist for an activity |
---|
| 400 | + | 13.10requiring a license under this chapter to repair wells or borings, seal wells or borings, or |
---|
| 401 | + | 13.11install pumps unless the machine is registered with the commissioner. |
---|
| 402 | + | 13.12 (b) A person must apply for the registration on forms prescribed by the commissioner |
---|
| 403 | + | 13.13and submit a $75 $125 registration fee. |
---|
| 404 | + | 13.14 (c) A registration is valid for one year. |
---|
| 405 | + | 13.15Sec. 26. Minnesota Statutes 2024, section 103I.601, subdivision 2, is amended to read: |
---|
| 406 | + | 13.16 Subd. 2.License required to make borings.(a) Except as provided in paragraph (d), |
---|
| 407 | + | 13.17a person must not make an exploratory boring without an explorer's license. The fee for an |
---|
| 408 | + | 13.18explorer's license is $75 $100. The explorer's license is valid until the date prescribed in the |
---|
| 409 | + | 13.19license by the commissioner. |
---|
| 410 | + | 13.20 (b) A person must file an application and renewal application fee to renew the explorer's |
---|
| 411 | + | 13.21license by the date stated in the license. The renewal application fee is $75 $100. |
---|
| 412 | + | 13.22 (c) If the licensee submits an application fee after the required renewal date, the licensee: |
---|
| 413 | + | 13.23 (1) must include a late fee of $75; and |
---|
| 414 | + | 13.24 (2) may not conduct activities authorized by an explorer's license until the renewal |
---|
| 415 | + | 13.25application, renewal application fee, late fee, and sealing reports required in subdivision 9 |
---|
| 416 | + | 13.26are submitted. |
---|
| 417 | + | 13.27 (d) An explorer must designate a responsible individual to supervise and oversee the |
---|
| 418 | + | 13.28making of exploratory borings. |
---|
| 419 | + | 13Article 1 Sec. 26. |
---|
| 420 | + | REVISOR DTT/HL 25-0033803/03/25 14.1 (1) Before an individual supervises or oversees an exploratory boring, the individual |
---|
| 421 | + | 14.2must file an application and application fee of $75 $100 to qualify as a certified responsible |
---|
| 422 | + | 14.3individual. |
---|
| 423 | + | 14.4 (2) The individual must take and pass an examination relating to construction, location, |
---|
| 424 | + | 14.5and sealing of exploratory borings. A professional engineer or geoscientist licensed under |
---|
| 425 | + | 14.6sections 326.02 to 326.15 or a professional geologist certified by the American Institute of |
---|
| 426 | + | 14.7Professional Geologists is not required to take the examination required in this subdivision, |
---|
| 427 | + | 14.8but must be certified as a responsible individual to supervise an exploratory boring. |
---|
| 428 | + | 14.9 (3) The individual must file an application and a renewal fee of $75 $100 to renew the |
---|
| 429 | + | 14.10responsible individual's certification by the date stated in the certification. If the certified |
---|
| 430 | + | 14.11responsible individual submits an application fee after the renewal date, the certified |
---|
| 431 | + | 14.12responsible individual must include a late fee of $75 and may not supervise or oversee |
---|
| 432 | + | 14.13exploratory borings until the renewal application, application fee, and late fee are submitted. |
---|
| 433 | + | 14.14Sec. 27. Minnesota Statutes 2024, section 103I.601, subdivision 4, is amended to read: |
---|
| 434 | + | 14.15 Subd. 4.Notification and map of borings.(a) By ten days before beginning exploratory |
---|
| 435 | + | 14.16boring, an explorer must submit to the commissioner of health a notification of the proposed |
---|
| 436 | + | 14.17boring map and a fee of $275 $325 for each boring constructed. |
---|
| 437 | + | 14.18 (b) By ten days before beginning exploratory boring, an explorer must submit to the |
---|
| 438 | + | 14.19commissioners of health and natural resources a county road map on a single sheet of paper |
---|
| 439 | + | 14.20that is 8-1/2 by 11 inches in size and having a scale of one-half inch equal to one mile, as |
---|
| 440 | + | 14.21prepared by the Department of Transportation, or a 7.5 minute series topographic map |
---|
| 441 | + | 14.22(1:24,000 scale), as prepared by the United States Geological Survey, showing the location |
---|
| 442 | + | 14.23of each proposed exploratory boring to the nearest estimated 40 acre parcel. Exploratory |
---|
| 443 | + | 14.24boring that is proposed on the map may not be commenced later than 180 days after |
---|
| 444 | + | 14.25submission of the map, unless a new map is submitted. |
---|
| 445 | + | 14.26Sec. 28. Minnesota Statutes 2024, section 144.0758, subdivision 3, is amended to read: |
---|
| 446 | + | 14.27 Subd. 3.Eligible grantees.(a) Organizations eligible to receive grant funding under |
---|
| 447 | + | 14.28this section are Minnesota's Tribal Nations in accordance with paragraph (b) and urban |
---|
| 448 | + | 14.29American Indian community-based organizations in accordance with paragraph (c). |
---|
| 449 | + | 14.30 (b) Minnesota's Tribal Nations may choose to receive funding under this section according |
---|
| 450 | + | 14.31to a noncompetitive funding formula specified by the commissioner. |
---|
| 451 | + | 14Article 1 Sec. 28. |
---|
| 452 | + | REVISOR DTT/HL 25-0033803/03/25 15.1 (c) Urban American Indian community-based organizations are eligible to apply for |
---|
| 453 | + | 15.2funding under this section by submitting a proposal for consideration by the commissioner. |
---|
| 454 | + | 15.3 Sec. 29. Minnesota Statutes 2024, section 144.1205, subdivision 2, is amended to read: |
---|
| 455 | + | 15.4 Subd. 2.Initial and annual fee.(a) A licensee must pay an initial fee that is equivalent |
---|
| 456 | + | 15.5to the annual fee upon issuance of the initial license. |
---|
| 457 | + | 15.6 (b) A licensee must pay an annual fee at least 60 days before the anniversary date of the |
---|
| 458 | + | 15.7issuance of the license. The annual fee is as follows: |
---|
| 459 | + | LICENSE FEE15.8 TYPE |
---|
| 460 | + | 15.9 $25,896 |
---|
| 461 | + | $34,50015.10Academic broad scope - type A, B, or C |
---|
| 462 | + | 15.11 $31,075 |
---|
| 463 | + | $41,40015.12Academic broad scope - type A, B, or C (4-8 locations) |
---|
| 464 | + | 15.13 $36,254 |
---|
| 465 | + | $48,30015.14Academic broad scope - type A, B, or C (9 or more locations) |
---|
| 466 | + | 15.15 $25,896 |
---|
| 467 | + | $34,50015.16Medical broad scope - type A |
---|
| 468 | + | 15.17 $31,075 |
---|
| 469 | + | $41,40015.18Medical broad scope - type A (4-8 locations) |
---|
| 470 | + | 15.19 $36,254 |
---|
| 471 | + | $48,30015.20Medical broad scope - type A (9 or more locations) |
---|
| 472 | + | $4,784 |
---|
| 473 | + | $6,600 |
---|
| 474 | + | 15.21Medical - diagnostic, diagnostic and therapeutic, mobile nuclear |
---|
| 475 | + | 15.22medicine, eye applicators, high dose rate afterloaders, and |
---|
| 476 | + | 15.23medical therapy emerging technologies |
---|
| 477 | + | $5,740 |
---|
| 478 | + | $7,900 |
---|
| 479 | + | 15.24Medical - diagnostic, diagnostic and therapeutic, mobile nuclear |
---|
| 480 | + | 15.25medicine, eye applicators, high dose rate afterloaders, and |
---|
| 481 | + | 15.26medical therapy emerging technologies (4-8 locations) |
---|
| 482 | + | $6,697 |
---|
| 483 | + | $9,200 |
---|
| 484 | + | 15.27Medical - diagnostic, diagnostic and therapeutic, mobile nuclear |
---|
| 485 | + | 15.28medicine, eye applicators, high dose rate afterloaders, and |
---|
| 486 | + | 15.29medical therapy emerging technologies (9 or more locations) |
---|
| 487 | + | 15.30 $11,648 |
---|
| 488 | + | $15,50015.31Teletherapy |
---|
| 489 | + | 15.32 $11,648 |
---|
| 490 | + | $15,50015.33Gamma knife |
---|
| 491 | + | 15.34 $2,600 |
---|
| 492 | + | $3,50015.35Veterinary medicine |
---|
| 493 | + | 15.36 $2,600 |
---|
| 494 | + | $3,50015.37In vitro testing lab |
---|
| 495 | + | 15.38 $11,440 |
---|
| 496 | + | $15,30015.39Nuclear pharmacy |
---|
| 497 | + | 15.40 $13,728 |
---|
| 498 | + | $18,30015.41Nuclear pharmacy (5 or more locations) |
---|
| 499 | + | 15Article 1 Sec. 29. |
---|
| 500 | + | REVISOR DTT/HL 25-0033803/03/25 16.1 $4,992 |
---|
| 501 | + | $6,70016.2Radiopharmaceutical distribution (10 CFR 32.72) |
---|
| 502 | + | $11,440 |
---|
| 503 | + | $15,300 |
---|
| 504 | + | 16.3Radiopharmaceutical processing and distribution (10 CFR |
---|
| 505 | + | 16.432.72) |
---|
| 506 | + | $13,728 |
---|
| 507 | + | $18,300 |
---|
| 508 | + | 16.5Radiopharmaceutical processing and distribution (10 CFR |
---|
| 509 | + | 16.632.72) (5 or more locations) |
---|
| 510 | + | 16.7 $4,992 |
---|
| 511 | + | $6,70016.8Medical sealed sources - distribution (10 CFR 32.74) |
---|
| 512 | + | $11,440 |
---|
| 513 | + | $15,300 |
---|
| 514 | + | 16.9Medical sealed sources - processing and distribution (10 CFR |
---|
| 515 | + | 16.1032.74) |
---|
| 516 | + | $13,728 |
---|
| 517 | + | $18,300 |
---|
| 518 | + | 16.11Medical sealed sources - processing and distribution (10 CFR |
---|
| 519 | + | 16.1232.74) (5 or more locations) |
---|
| 520 | + | 16.13 $4,888 |
---|
| 521 | + | $6,60016.14Well logging - sealed sources |
---|
| 522 | + | $2,600 |
---|
| 523 | + | $3,800 |
---|
| 524 | + | 16.15Measuring systems - (fixed gauge, portable gauge, gas |
---|
| 525 | + | 16.16chromatograph, other) |
---|
| 526 | + | $3,120 |
---|
| 527 | + | $4,500 |
---|
| 528 | + | 16.17Measuring systems - (fixed gauge, portable gauge, gas |
---|
| 529 | + | 16.18chromatograph, other) (4-8 locations) |
---|
| 530 | + | $3,640 |
---|
| 531 | + | $5,200 |
---|
| 532 | + | 16.19Measuring systems - (fixed gauge, portable gauge, gas |
---|
| 533 | + | 16.20chromatograph, other) (9 or more locations) |
---|
| 534 | + | 16.21 $1,976 |
---|
| 535 | + | $2,70016.22X-ray fluorescent analyzer |
---|
| 536 | + | 16.23 $25,896 |
---|
| 537 | + | $34,50016.24Manufacturing and distribution - type A broad scope |
---|
| 538 | + | $31,075 |
---|
| 539 | + | $41,400 |
---|
| 540 | + | 16.25Manufacturing and distribution - type A broad scope (4-8 |
---|
| 541 | + | 16.26locations) |
---|
| 542 | + | $36,254 |
---|
| 543 | + | $48,300 |
---|
| 544 | + | 16.27Manufacturing and distribution - type A broad scope (9 or more |
---|
| 545 | + | 16.28locations) |
---|
| 546 | + | 16.29 $22,880 |
---|
| 547 | + | $30,50016.30Manufacturing and distribution - type B or C broad scope |
---|
| 548 | + | $27,456 |
---|
| 549 | + | $36,600 |
---|
| 550 | + | 16.31Manufacturing and distribution - type B or C broad scope (4-8 |
---|
| 551 | + | 16.32locations) |
---|
| 552 | + | $32,032 |
---|
| 553 | + | $42,700 |
---|
| 554 | + | 16.33Manufacturing and distribution - type B or C broad scope (9 |
---|
| 555 | + | 16.34or more locations) |
---|
| 556 | + | 16.35 $6,864 |
---|
| 557 | + | $9,20016.36Manufacturing and distribution - other |
---|
| 558 | + | 16.37 $8,236 |
---|
| 559 | + | $11,00016.38Manufacturing and distribution - other (4-8 locations) |
---|
| 560 | + | 16.39 $9,609 |
---|
| 561 | + | $12,80016.40Manufacturing and distribution - other (9 or more locations) |
---|
| 562 | + | 16.41 $24,232 |
---|
| 563 | + | $32,30016.42Nuclear laundry |
---|
| 564 | + | 16.43 $6,448 |
---|
| 565 | + | $8,60016.44Decontamination services |
---|
| 566 | + | 16.45 $2,600 |
---|
| 567 | + | $3,50016.46Leak test services only |
---|
| 568 | + | 16Article 1 Sec. 29. |
---|
| 569 | + | REVISOR DTT/HL 25-0033803/03/25 17.1 $2,600 |
---|
| 570 | + | $3,50017.2Instrument calibration service only |
---|
| 571 | + | 17.3 $6,448 |
---|
| 572 | + | $8,60017.4Service, maintenance, installation, source changes, etc. |
---|
| 573 | + | 17.5 $7,800 |
---|
| 574 | + | $10,40017.6Waste disposal service, prepackaged only |
---|
| 575 | + | 17.7 $10,816 |
---|
| 576 | + | $14,40017.8Waste disposal |
---|
| 577 | + | 17.9 $2,288 |
---|
| 578 | + | $3,10017.10Distribution - general licensed devices (sealed sources) |
---|
| 579 | + | 17.11 $1,456 |
---|
| 580 | + | $2,00017.12Distribution - general licensed material (unsealed sources) |
---|
| 581 | + | 17.13 $12,792 |
---|
| 582 | + | $17,20017.14Industrial radiography - fixed or temporary location |
---|
| 583 | + | $16,629 |
---|
| 584 | + | $22,300 |
---|
| 585 | + | 17.15Industrial radiography - fixed or temporary location (5 or more |
---|
| 586 | + | 17.16locations) |
---|
| 587 | + | 17.17 $3,744 |
---|
| 588 | + | $5,00017.18Irradiators, self-shielding |
---|
| 589 | + | 17.19 $6,968 |
---|
| 590 | + | $9,30017.20Irradiators, other, less than 10,000 curies |
---|
| 591 | + | 17.21 $12,376 |
---|
| 592 | + | $16,50017.22Research and development - type A, B, or C broad scope |
---|
| 593 | + | $14,851 |
---|
| 594 | + | $19,800 |
---|
| 595 | + | 17.23Research and development - type A, B, or C broad scope (4-8 |
---|
| 596 | + | 17.24locations) |
---|
| 597 | + | $17,326 |
---|
| 598 | + | $23,100 |
---|
| 599 | + | 17.25Research and development - type A, B, or C broad scope (9 or |
---|
| 600 | + | 17.26more locations) |
---|
| 601 | + | 17.27 $5,824 |
---|
| 602 | + | $7,80017.28Research and development - other |
---|
| 603 | + | 17.29 $2,600 |
---|
| 604 | + | $3,50017.30Storage - no operations |
---|
| 605 | + | 17.31 $759 |
---|
| 606 | + | $1,10017.32Source material - shielding |
---|
| 607 | + | 17.33 $4,784 |
---|
| 608 | + | $6,40017.34Special nuclear material plutonium - neutron source in device |
---|
| 609 | + | $4,784 |
---|
| 610 | + | $6,400 |
---|
| 611 | + | 17.35Pacemaker by-product and/or special nuclear material - medical |
---|
| 612 | + | 17.36(institution) |
---|
| 613 | + | $6,864 |
---|
| 614 | + | $9,200 |
---|
| 615 | + | 17.37Pacemaker by-product and/or special nuclear material - |
---|
| 616 | + | 17.38manufacturing and distribution |
---|
| 617 | + | 17.39 $4,992 |
---|
| 618 | + | $6,70017.40Accelerator-produced radioactive material |
---|
| 619 | + | 17.41 $500 |
---|
| 620 | + | $70017.42Nonprofit educational institutions |
---|
| 621 | + | 17Article 1 Sec. 29. |
---|
| 622 | + | REVISOR DTT/HL 25-0033803/03/25 18.1 Sec. 30. Minnesota Statutes 2024, section 144.1205, subdivision 4, is amended to read: |
---|
| 623 | + | 18.2 Subd. 4.Initial and renewal application fee.A licensee must pay an initial and a |
---|
| 624 | + | 18.3renewal application fee according to this subdivision. |
---|
| 625 | + | APPLICATION FEE18.4 TYPE |
---|
| 626 | + | 18.5 $6,808 |
---|
| 627 | + | $9,10018.6Academic broad scope - type A, B, or C |
---|
| 628 | + | 18.7 $4,508 |
---|
| 629 | + | $6,00018.8Medical broad scope - type A |
---|
| 630 | + | $1,748 |
---|
| 631 | + | $2,350 |
---|
| 632 | + | 18.9Medical - diagnostic, diagnostic and therapeutic, mobile nuclear |
---|
| 633 | + | 18.10medicine, eye applicators, high dose rate afterloaders, and |
---|
| 634 | + | 18.11medical therapy emerging technologies |
---|
| 635 | + | 18.12 $6,348 |
---|
| 636 | + | $8,45018.13Teletherapy |
---|
| 637 | + | 18.14 $6,348 |
---|
| 638 | + | $8,45018.15Gamma knife |
---|
| 639 | + | 18.16 $1,104 |
---|
| 640 | + | $1,50018.17Veterinary medicine |
---|
| 641 | + | 18.18 $1,104 |
---|
| 642 | + | $1,50018.19In vitro testing lab |
---|
| 643 | + | 18.20 $5,612 |
---|
| 644 | + | $7,50018.21Nuclear pharmacy |
---|
| 645 | + | 18.22 $2,484 |
---|
| 646 | + | $3,35018.23Radiopharmaceutical distribution (10 CFR 32.72) |
---|
| 647 | + | $5,612 |
---|
| 648 | + | $7,500 |
---|
| 649 | + | 18.24Radiopharmaceutical processing and distribution (10 CFR |
---|
| 650 | + | 18.2532.72) |
---|
| 651 | + | 18.26 $2,484 |
---|
| 652 | + | $3,35018.27Medical sealed sources - distribution (10 CFR 32.74) |
---|
| 653 | + | $5,612 |
---|
| 654 | + | $7,500 |
---|
| 655 | + | 18.28Medical sealed sources - processing and distribution (10 CFR |
---|
| 656 | + | 18.2932.74) |
---|
| 657 | + | 18.30 $1,840 |
---|
| 658 | + | $2,45018.31Well logging - sealed sources |
---|
| 659 | + | $1,104 |
---|
| 660 | + | $1,500 |
---|
| 661 | + | 18.32Measuring systems - (fixed gauge, portable gauge, gas |
---|
| 662 | + | 18.33chromatograph, other) |
---|
| 663 | + | 18.34 $671 |
---|
| 664 | + | $90018.35X-ray fluorescent analyzer |
---|
| 665 | + | 18.36 $6,854 |
---|
| 666 | + | $9,15018.37Manufacturing and distribution - type A, B, and C broad scope |
---|
| 667 | + | 18.38 $2,668 |
---|
| 668 | + | $3,55018.39Manufacturing and distribution - other |
---|
| 669 | + | 18.40 $11,592 |
---|
| 670 | + | $15,45018.41Nuclear laundry |
---|
| 671 | + | 18.42 $3,036 |
---|
| 672 | + | $4,05018.43Decontamination services |
---|
| 673 | + | 18Article 1 Sec. 30. |
---|
| 674 | + | REVISOR DTT/HL 25-0033803/03/25 19.1 $1,104 |
---|
| 675 | + | $1,50019.2Leak test services only |
---|
| 676 | + | 19.3 $1,104 |
---|
| 677 | + | $1,50019.4Instrument calibration service only |
---|
| 678 | + | 19.5 $3,036 |
---|
| 679 | + | $4,05019.6Service, maintenance, installation, source changes, etc. |
---|
| 680 | + | 19.7 $2,576 |
---|
| 681 | + | $3,45019.8Waste disposal service, prepackaged only |
---|
| 682 | + | 19.9 $1,748 |
---|
| 683 | + | $2,35019.10Waste disposal |
---|
| 684 | + | 19.11 $1,012 |
---|
| 685 | + | $1,35019.12Distribution - general licensed devices (sealed sources) |
---|
| 686 | + | 19.13 $598 |
---|
| 687 | + | $80019.14Distribution - general licensed material (unsealed sources) |
---|
| 688 | + | 19.15 $3,036 |
---|
| 689 | + | $4,05019.16Industrial radiography - fixed or temporary location |
---|
| 690 | + | 19.17 $1,656 |
---|
| 691 | + | $2,25019.18Irradiators, self-shielding |
---|
| 692 | + | 19.19 $3,404 |
---|
| 693 | + | $4,55019.20Irradiators, other, less than 10,000 curies |
---|
| 694 | + | 19.21 $5,704 |
---|
| 695 | + | $7,60019.22Research and development - type A, B, or C broad scope |
---|
| 696 | + | 19.23 $2,760 |
---|
| 697 | + | $3,70019.24Research and development - other |
---|
| 698 | + | 19.25 $1,104 |
---|
| 699 | + | $1,50019.26Storage - no operations |
---|
| 700 | + | 19.27 $156 |
---|
| 701 | + | $25019.28Source material - shielding |
---|
| 702 | + | 19.29 $1,380 |
---|
| 703 | + | $1,85019.30Special nuclear material plutonium - neutron source in device |
---|
| 704 | + | $1,380 |
---|
| 705 | + | $1,850 |
---|
| 706 | + | 19.31Pacemaker by-product and/or special nuclear material - medical |
---|
| 707 | + | 19.32(institution) |
---|
| 708 | + | $2,668 |
---|
| 709 | + | $3,550 |
---|
| 710 | + | 19.33Pacemaker by-product and/or special nuclear material - |
---|
| 711 | + | 19.34manufacturing and distribution |
---|
| 712 | + | 19.35 $4,715 |
---|
| 713 | + | $6,30019.36Accelerator-produced radioactive material |
---|
| 714 | + | 19.37 $345 |
---|
| 715 | + | $50019.38Nonprofit educational institutions |
---|
| 716 | + | 19.39Sec. 31. Minnesota Statutes 2024, section 144.1205, subdivision 8, is amended to read: |
---|
| 717 | + | 19.40 Subd. 8.Reciprocity fee.A licensee submitting an application for reciprocal recognition |
---|
| 718 | + | 19.41of a materials license issued by another agreement state or the United States Nuclear |
---|
| 719 | + | 19.42Regulatory Commission for a period of 180 days or less during a calendar year must pay |
---|
| 720 | + | 19Article 1 Sec. 31. |
---|
| 721 | + | REVISOR DTT/HL 25-0033803/03/25 20.1$2,400 $3,200. For a period of 181 days or more, the licensee must obtain a license under |
---|
| 722 | + | 20.2subdivision 4. |
---|
| 723 | + | 20.3 Sec. 32. Minnesota Statutes 2024, section 144.1205, subdivision 9, is amended to read: |
---|
| 724 | + | 20.4 Subd. 9.Fees for license amendments.A licensee must pay a fee of $600 $800 to |
---|
| 725 | + | 20.5amend a license as follows: |
---|
| 726 | + | 20.6 (1) to amend a license requiring review including, but not limited to, addition of isotopes, |
---|
| 727 | + | 20.7procedure changes, new authorized users, or a new radiation safety officer; or |
---|
| 728 | + | 20.8 (2) to amend a license requiring review and a site visit including, but not limited to, |
---|
| 729 | + | 20.9facility move or addition of processes. |
---|
| 730 | + | 20.10Sec. 33. Minnesota Statutes 2024, section 144.1205, subdivision 10, is amended to read: |
---|
| 731 | + | 20.11 Subd. 10.Fees for general license registrations.A person required to register generally |
---|
| 732 | + | 20.12licensed devices according to Minnesota Rules, part 4731.3215, must pay an annual |
---|
| 733 | + | 20.13registration fee of $450 $600. |
---|
| 734 | + | 20.14Sec. 34. Minnesota Statutes 2024, section 144.121, subdivision 1a, is amended to read: |
---|
| 735 | + | 20.15 Subd. 1a.Fees for ionizing radiation-producing equipment.(a) A facility with ionizing |
---|
| 736 | + | 20.16radiation-producing equipment and other sources of ionizing radiation must pay an initial |
---|
| 737 | + | 20.17or annual renewal registration fee consisting of a base facility fee of $100 $155 and an |
---|
| 738 | + | 20.18additional fee for each x-ray tube, as follows: |
---|
| 739 | + | 100 |
---|
| 740 | + | 20.20 130 |
---|
| 741 | + | $medical or veterinary equipment20.19 (1) |
---|
| 742 | + | 40 |
---|
| 743 | + | 20.22 60 |
---|
| 744 | + | $dental x-ray equipment20.21 (2) |
---|
| 745 | + | 100 |
---|
| 746 | + | 130 |
---|
| 747 | + | $x-ray equipment not used on |
---|
| 748 | + | 20.24 humans or animals |
---|
| 749 | + | 20.23 (3) |
---|
| 750 | + | 100 |
---|
| 751 | + | 130 |
---|
| 752 | + | $devices with sources of ionizing |
---|
| 753 | + | 20.26 radiation not used on humans or |
---|
| 754 | + | 20.27 animals |
---|
| 755 | + | 20.25 (4) |
---|
| 756 | + | 100 |
---|
| 757 | + | 20.29 160 |
---|
| 758 | + | $security screening system20.28 (5) |
---|
| 759 | + | 1,000$radiation therapy and accelerator |
---|
| 760 | + | 20.31 x-ray equipment |
---|
| 761 | + | 20.30 (6) |
---|
| 762 | + | 300$industrial accelerator x-ray |
---|
| 763 | + | 20.33 equipment |
---|
| 764 | + | 20.32 (7) |
---|
| 765 | + | 20Article 1 Sec. 34. |
---|
| 766 | + | REVISOR DTT/HL 25-0033803/03/25 21.1 (b) A facility with radiation therapy and accelerator equipment must pay an initial or |
---|
| 767 | + | 21.2annual registration fee of $500. A facility with an industrial accelerator must pay an initial |
---|
| 768 | + | 21.3or annual registration fee of $150. |
---|
| 769 | + | 21.4 (c) (b) Electron microscopy equipment is exempt from the registration fee requirements |
---|
| 770 | + | 21.5of this section. |
---|
| 771 | + | 21.6 (d) (c) For purposes of this section, a security screening system means ionizing |
---|
| 772 | + | 21.7radiation-producing equipment designed and used for security screening of humans who |
---|
| 773 | + | 21.8are in the custody of a correctional or detention facility, and used by the facility to image |
---|
| 774 | + | 21.9and identify contraband items concealed within or on all sides of a human body. For purposes |
---|
| 775 | + | 21.10of this section, a correctional or detention facility is a facility licensed under section 241.021 |
---|
| 776 | + | 21.11and operated by a state agency or political subdivision charged with detection, enforcement, |
---|
| 777 | + | 21.12or incarceration in respect to state criminal and traffic laws. The commissioner shall adopt |
---|
| 778 | + | 21.13rules to establish requirements for the use of security screening systems. Notwithstanding |
---|
| 779 | + | 21.14section 14.125, the authority to adopt these rules does not expire. |
---|
| 780 | + | 21.15Sec. 35. Minnesota Statutes 2024, section 144.121, is amended by adding a subdivision |
---|
| 781 | + | 21.16to read: |
---|
| 782 | + | 21.17 Subd. 1e.Fee for service provider of ionizing radiation-producing equipment.A |
---|
| 783 | + | 21.18service provider of ionizing radiation-producing equipment and other sources of ionizing |
---|
| 784 | + | 21.19radiation must pay an initial or annual renewal fee of $115. |
---|
| 785 | + | 21.20Sec. 36. Minnesota Statutes 2024, section 144.121, subdivision 2, is amended to read: |
---|
| 786 | + | 21.21 Subd. 2.Inspections.Periodic radiation safety inspections of the x-ray equipment and |
---|
| 787 | + | 21.22other sources of ionizing radiation shall be made by the commissioner of health. The |
---|
| 788 | + | 21.23frequency of safety inspections shall be prescribed by the commissioner on the basis of |
---|
| 789 | + | 21.24based on the frequency of radiation exposure risk to occupational and public health from |
---|
| 790 | + | 21.25use of the x-ray equipment and other source of ionizing radiation, provided that each source |
---|
| 791 | + | 21.26shall be inspected at least once every four years. |
---|
| 792 | + | 21.27Sec. 37. Minnesota Statutes 2024, section 144.121, subdivision 5, is amended to read: |
---|
| 793 | + | 21.28 Subd. 5.Examination for individual operating x-ray systems.(a) An individual in a |
---|
| 794 | + | 21.29facility with x-ray systems for use on living humans that is registered under subdivision 1 |
---|
| 795 | + | 21.30may not operate, nor may the facility allow the individual to operate, x-ray systems unless |
---|
| 796 | + | 21.31the individual has passed a national or state examination. |
---|
| 797 | + | 21.32 (b) Individuals who may operate x-ray systems include: |
---|
| 798 | + | 21Article 1 Sec. 37. |
---|
| 799 | + | REVISOR DTT/HL 25-0033803/03/25 22.1 (1) an individual who has passed the American Registry of Radiologic Technologists |
---|
| 800 | + | 22.2(ARRT) registry for radiography examination; |
---|
| 801 | + | 22.3 (2) an individual who has passed the American Chiropractic Registry of Radiologic |
---|
| 802 | + | 22.4Technologists (ACRRT) registry examination and is limited to radiography of spines and |
---|
| 803 | + | 22.5extremities; |
---|
| 804 | + | 22.6 (3) a registered limited scope x-ray operator and a registered bone densitometry equipment |
---|
| 805 | + | 22.7operator who passed the examination requirements in paragraphs (d) and (e) and practices |
---|
| 806 | + | 22.8according to subdivision 5a; |
---|
| 807 | + | 22.9 (4) an x-ray operator who has the original certificate or the original letter of passing the |
---|
| 808 | + | 22.10examination that was required before January 1, 2008, under Minnesota Statutes 2008, |
---|
| 809 | + | 22.11section 144.121, subdivision 5a, paragraph (b), clause (1); |
---|
| 810 | + | 22.12 (5) an individual who has passed the American Registry of Radiologic Technologists |
---|
| 811 | + | 22.13(ARRT) registry for radiation therapy examination according to subdivision 5e; |
---|
| 812 | + | 22.14 (6) a cardiovascular technologist according to subdivision 5c; |
---|
| 813 | + | 22.15 (7) a nuclear medicine technologist according to subdivision 5d; |
---|
| 814 | + | 22.16 (8) an individual who has passed the examination for a dental hygienist under section |
---|
| 815 | + | 22.17150A.06 and only operates dental x-ray systems; |
---|
| 816 | + | 22.18 (9) an individual who has passed the examination for a dental therapist under section |
---|
| 817 | + | 22.19150A.06 and only operates dental x-ray systems; |
---|
| 818 | + | 22.20 (10) an individual who has passed the examination for a dental assistant under section |
---|
| 819 | + | 22.21150A.06 and only operates dental x-ray systems; |
---|
| 820 | + | 22.22 (11) an individual who has passed the examination under Minnesota Rules, part |
---|
| 821 | + | 22.233100.8500, subpart 3 3100.1320, and only operates dental x-ray systems; and |
---|
| 822 | + | 22.24 (12) a qualified practitioner who is licensed by a health-related licensing board with |
---|
| 823 | + | 22.25active practice authority and is working within the practitioner's scope of practice. |
---|
| 824 | + | 22.26 (c) Except for individuals under clauses (3) and (4), an individual who is participating |
---|
| 825 | + | 22.27in a training or educational program in any of the occupations listed in paragraph (b) is |
---|
| 826 | + | 22.28exempt from the examination requirement within the scope and for the duration of the |
---|
| 827 | + | 22.29training or educational program. |
---|
| 828 | + | 22.30 (d) The Minnesota examination for limited scope x-ray operators must include: |
---|
| 829 | + | 22Article 1 Sec. 37. |
---|
| 830 | + | REVISOR DTT/HL 25-0033803/03/25 23.1 (1) radiation protection, radiation physics and radiobiology, equipment operation and |
---|
| 831 | + | 23.2quality assurance, image acquisition and technical evaluation, and patient interactions and |
---|
| 832 | + | 23.3management; and |
---|
| 833 | + | 23.4 (2) at least one of the following regions of the human anatomy: chest, extremities, skull |
---|
| 834 | + | 23.5and sinus, spine, or podiatry. The examinations must include the anatomy of, and radiographic |
---|
| 835 | + | 23.6positions and projections for, the specific regions. |
---|
| 836 | + | 23.7 (e) The examination for bone densitometry equipment operators must include: |
---|
| 837 | + | 23.8 (1) osteoporosis, bone physiology, bone health and patient education, patient preparation, |
---|
| 838 | + | 23.9fundamental principals, biological effects of radiation, units of measurements, radiation |
---|
| 839 | + | 23.10protection in bone densitometry, fundamentals of x-ray production, quality control, measuring |
---|
| 840 | + | 23.11bone mineral testing, determining quality in bone mineral testing, file and database |
---|
| 841 | + | 23.12management; and |
---|
| 842 | + | 23.13 (2) dual x-ray absorptiometry scanning of the lumbar spine, proximal femur, and forearm. |
---|
| 843 | + | 23.14The examination must include the anatomy, scan acquisition, and scan analysis for these |
---|
| 844 | + | 23.15three procedures. |
---|
| 845 | + | 23.16 (f) A limited scope x-ray operator, and a bone densitometry equipment operator, who |
---|
| 846 | + | 23.17are required to take an examination under this subdivision must submit to the commissioner |
---|
| 847 | + | 23.18a registration application for the examination and a $25 processing fee. The processing fee |
---|
| 848 | + | 23.19shall be deposited in the state treasury and credited to the state government special revenue |
---|
| 849 | + | 23.20fund. |
---|
| 850 | + | 23.21Sec. 38. Minnesota Statutes 2024, section 144.121, is amended by adding a subdivision |
---|
| 851 | + | 23.22to read: |
---|
| 852 | + | 23.23 Subd. 10.Service provider practice; service technician.(a) A service technician is a |
---|
| 853 | + | 23.24service provider who performs one or more of the following, including but not limited to: |
---|
| 854 | + | 23.25assembly, installation, calibration, equipment performance evaluation, preventive |
---|
| 855 | + | 23.26maintenance, repair, replacement, or disabling of ionizing radiation-producing equipment |
---|
| 856 | + | 23.27and other sources of ionizing radiation. A service technician may not perform an equipment |
---|
| 857 | + | 23.28performance evaluation on computed tomography, medical cone beam computed tomography, |
---|
| 858 | + | 23.29and fluoroscopy equipment. |
---|
| 859 | + | 23.30 (b) In order to provide service technician services, a service provider must register with |
---|
| 860 | + | 23.31the commissioner as a service technician, meet the applicable requirements in Minnesota |
---|
| 861 | + | 23.32Rules, chapter 4732, and pay the fee in subdivision 1e. |
---|
| 862 | + | 23Article 1 Sec. 38. |
---|
| 863 | + | REVISOR DTT/HL 25-0033803/03/25 24.1 Sec. 39. Minnesota Statutes 2024, section 144.121, is amended by adding a subdivision |
---|
| 864 | + | 24.2to read: |
---|
| 865 | + | 24.3 Subd. 11.Service provider practice; vendor.(a) A vendor is a service provider who |
---|
| 866 | + | 24.4performs one or more of the following services, including but not limited to: sales, leasing, |
---|
| 867 | + | 24.5lending, transferring, disposal, or demonstration of ionizing radiation-producing equipment |
---|
| 868 | + | 24.6and other sources of ionizing radiation. |
---|
| 869 | + | 24.7 (b) In order to provide vendor services, a service provider must register with the |
---|
| 870 | + | 24.8commissioner as a vendor, meet the applicable requirements in Minnesota Rules, chapter |
---|
| 871 | + | 24.94732, and pay the fee in subdivision 1e. |
---|
| 872 | + | 24.10Sec. 40. Minnesota Statutes 2024, section 144.121, is amended by adding a subdivision |
---|
| 873 | + | 24.11to read: |
---|
| 874 | + | 24.12 Subd. 12.Service provider practice; qualified medical physicist.(a) A qualified |
---|
| 875 | + | 24.13medical physicist is a service provider who provides medical physics services and must be |
---|
| 876 | + | 24.14certified in diagnostic medical physics, diagnostic radiological physics, radiological physics, |
---|
| 877 | + | 24.15diagnostic imaging physics, or diagnostic radiology physics by the American Board of |
---|
| 878 | + | 24.16Radiology, the American Board of Medical Physics, or the Canadian College of Physicists |
---|
| 879 | + | 24.17in Medicine. |
---|
| 880 | + | 24.18 (b) In order to provide medical physics services a service provider must register with |
---|
| 881 | + | 24.19the commissioner as a qualified medical physicist, meet the applicable requirements in |
---|
| 882 | + | 24.20Minnesota Rules, chapter 4732, and pay the fee in subdivision 1e. |
---|
| 883 | + | 24.21Sec. 41. Minnesota Statutes 2024, section 144.121, is amended by adding a subdivision |
---|
| 884 | + | 24.22to read: |
---|
| 885 | + | 24.23 Subd. 13.Service provider practice; qualified expert.(a) A qualified expert is a service |
---|
| 886 | + | 24.24provider who provides expert physics services, and must be certified in the appropriate |
---|
| 887 | + | 24.25fields or specialties in which physics services are provided by the American Board of Health |
---|
| 888 | + | 24.26Physics, the American Board of Medical Physics, the American Board of Radiology, the |
---|
| 889 | + | 24.27American Board of Science in Nuclear Medicine, or the Canadian College of Physicists in |
---|
| 890 | + | 24.28Medicine. |
---|
| 891 | + | 24.29 (b) In order to provide health physics services, a service provider must register with the |
---|
| 892 | + | 24.30commissioner as a qualified expert, meet the applicable requirements in Minnesota Rules, |
---|
| 893 | + | 24.31chapter 4732, and pay the fee in subdivision 1e. |
---|
| 894 | + | 24Article 1 Sec. 41. |
---|
| 895 | + | REVISOR DTT/HL 25-0033803/03/25 25.1 Sec. 42. Minnesota Statutes 2024, section 144.121, is amended by adding a subdivision |
---|
| 896 | + | 25.2to read: |
---|
| 897 | + | 25.3 Subd. 14.Service provider practice; physicist assistant.(a) A physicist assistant is a |
---|
| 898 | + | 25.4service provider who provides expert physics or medical physics services under the |
---|
| 899 | + | 25.5supervision of a qualified expert or a qualified medical physicist and must be deemed |
---|
| 900 | + | 25.6competent by a qualified expert or a qualified medical physicist in the appropriate fields or |
---|
| 901 | + | 25.7specialties in which services are provided. |
---|
| 902 | + | 25.8 (b) In order to provide health physics or medical physics services under the supervision |
---|
| 903 | + | 25.9of a qualified expert or a qualified medical physicist, a physicist assistant must register with |
---|
| 904 | + | 25.10the commissioner as a physicist assistant, meet the applicable requirements in Minnesota |
---|
| 905 | + | 25.11Rules, chapter 4732, and pay the fee under subdivision 1e. |
---|
| 906 | + | 25.12 (c) Supervision as used in this subdivision refers to either personal or general supervision |
---|
| 907 | + | 25.13of a physicist assistant by a qualified expert or a qualified medical physicist according to |
---|
| 908 | + | 25.14Minnesota Rules, chapter 4732. |
---|
| 909 | + | 25.15Sec. 43. Minnesota Statutes 2024, section 144.121, is amended by adding a subdivision |
---|
| 910 | + | 25.16to read: |
---|
| 911 | + | 25.17 Subd. 15.Service provider compliance.A service provider registered with the |
---|
| 912 | + | 25.18commissioner under Minnesota Rules, chapter 4732, must, upon renewal of registration, |
---|
| 913 | + | 25.19comply with the applicable requirements under this section and submit the fee under |
---|
| 914 | + | 25.20subdivision 1e. |
---|
| 915 | + | 25.21Sec. 44. Minnesota Statutes 2024, section 144.1215, is amended by adding a subdivision |
---|
| 916 | + | 25.22to read: |
---|
| 917 | + | 25.23 Subd. 5.Rulemaking authority.The commissioner shall adopt rules to implement this |
---|
| 918 | + | 25.24section. Notwithstanding section 14.125, the authority to adopt these rules does not expire. |
---|
| 919 | + | 25.25Sec. 45. Minnesota Statutes 2024, section 144.122, is amended to read: |
---|
| 920 | + | 25.26 144.122 LICENSE, PERMIT, AND SURVEY FEES. |
---|
| 921 | + | 25.27 (a) The state commissioner of health, by rule, may prescribe procedures and fees for |
---|
| 922 | + | 25.28filing with the commissioner as prescribed by statute and for the issuance of original and |
---|
| 923 | + | 25.29renewal permits, licenses, registrations, and certifications issued under authority of the |
---|
| 924 | + | 25.30commissioner. The expiration dates of the various licenses, permits, registrations, and |
---|
| 925 | + | 25.31certifications as prescribed by the rules shall be plainly marked thereon. Fees may include |
---|
| 926 | + | 25Article 1 Sec. 45. |
---|
| 927 | + | REVISOR DTT/HL 25-0033803/03/25 26.1application and examination fees and a penalty fee for renewal applications submitted after |
---|
| 928 | + | 26.2the expiration date of the previously issued permit, license, registration, and certification. |
---|
| 929 | + | 26.3The commissioner may also prescribe, by rule, reduced fees for permits, licenses, |
---|
| 930 | + | 26.4registrations, and certifications when the application therefor is submitted during the last |
---|
| 931 | + | 26.5three months of the permit, license, registration, or certification period. Fees proposed to |
---|
| 932 | + | 26.6be prescribed in the rules shall be first approved by the Department of Management and |
---|
| 933 | + | 26.7Budget. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be |
---|
| 934 | + | 26.8in an amount so that the total fees collected by the commissioner will, where practical, |
---|
| 935 | + | 26.9approximate the cost to the commissioner in administering the program. All fees collected |
---|
| 936 | + | 26.10shall be deposited in the state treasury and credited to the state government special revenue |
---|
| 937 | + | 26.11fund unless otherwise specifically appropriated by law for specific purposes. |
---|
| 938 | + | 26.12 (b) The commissioner may charge a fee for voluntary certification of medical laboratories |
---|
| 939 | + | 26.13and environmental laboratories, and for environmental and medical laboratory services |
---|
| 940 | + | 26.14provided by the department, without complying with paragraph (a) or chapter 14. Fees |
---|
| 941 | + | 26.15charged for environment and medical laboratory services provided by the department must |
---|
| 942 | + | 26.16be approximately equal to the costs of providing the services. |
---|
| 943 | + | 26.17 (c) The commissioner may develop a schedule of fees for diagnostic evaluations |
---|
| 944 | + | 26.18conducted at clinics held by the services for children with disabilities program. All receipts |
---|
| 945 | + | 26.19generated by the program are annually appropriated to the commissioner for use in the |
---|
| 946 | + | 26.20maternal and child health program. |
---|
| 947 | + | 26.21 (d) The commissioner shall set license fees for hospitals and nursing homes that are not |
---|
| 948 | + | 26.22boarding care homes at the following levels: |
---|
| 949 | + | $7,655 plus $16 per bed $9,52426.23The Joint Commission on Accreditation |
---|
| 950 | + | 26.24of Healthcare Organizations (JCAHO) |
---|
| 951 | + | 26.25(TJC) and American Osteopathic |
---|
| 952 | + | 26.26Association (AOA) hospitals |
---|
| 953 | + | $5,280 $6,318 plus $250 $317 per bed26.27Non-JCAHO Non-TJC and non-AOA |
---|
| 954 | + | 26.28hospitals |
---|
| 955 | + | $600 plus $16 per bed26.29Fees collected per hospital for the |
---|
| 956 | + | 26.30Minnesota Adverse Health Care Events |
---|
| 957 | + | 26.31Reporting |
---|
| 958 | + | $183 plus $91 per bed until June 30, 2018. |
---|
| 959 | + | 26.33 $183 plus $100 per bed between July 1, |
---|
| 960 | + | 26.32Nursing home |
---|
| 961 | + | 26.34 2018, and June 30, 2020. $183 $238 plus |
---|
| 962 | + | 26.35 $105 $142 per bed beginning July 1, 2020. |
---|
| 963 | + | 26.36 The commissioner shall set license fees for outpatient surgical centers, boarding care |
---|
| 964 | + | 26.37homes, supervised living facilities, assisted living facilities, and assisted living facilities |
---|
| 965 | + | 26.38with dementia care at the following levels: |
---|
| 966 | + | 26Article 1 Sec. 45. |
---|
| 967 | + | REVISOR DTT/HL 25-0033803/03/25 $3,712 $1,96627.1Outpatient surgical centers |
---|
| 968 | + | $2,20027.2Fees collected per outpatient surgical |
---|
| 969 | + | 27.3center for the Minnesota Adverse Health |
---|
| 970 | + | 27.4Care Events Reporting |
---|
| 971 | + | $183 $220 plus $91 $110 per bed27.5Boarding care homes |
---|
| 972 | + | $183 $238 plus $91 $118 per bed.27.6Supervised living facilities |
---|
| 973 | + | $3,000 plus $100 per resident.27.7Assisted living facilities with dementia |
---|
| 974 | + | 27.8care |
---|
| 975 | + | $2,000 plus $75 per resident.27.9Assisted living facilities |
---|
| 976 | + | 27.10Fees collected under this paragraph are nonrefundable. The fees are nonrefundable even if |
---|
| 977 | + | 27.11received before July 1, 2017, for licenses or registrations being issued effective July 1, 2017, |
---|
| 978 | + | 27.12or later. |
---|
| 979 | + | 27.13 (e) Unless prohibited by federal law, the commissioner of health shall charge applicants |
---|
| 980 | + | 27.14the following fees to cover the cost of any initial certification surveys required to determine |
---|
| 981 | + | 27.15a provider's eligibility to participate in the Medicare or Medicaid program: |
---|
| 982 | + | 900$27.16Prospective payment surveys for hospitals |
---|
| 983 | + | 1,200$27.17Swing bed surveys for nursing homes |
---|
| 984 | + | 1,400$27.18Psychiatric hospitals |
---|
| 985 | + | 1,100$27.19Rural health facilities |
---|
| 986 | + | 500$27.20Portable x-ray providers |
---|
| 987 | + | 1,800$27.21Home health agencies |
---|
| 988 | + | 800$27.22Outpatient therapy agencies |
---|
| 989 | + | 2,100$27.23End stage renal dialysis providers |
---|
| 990 | + | 800$27.24Independent therapists |
---|
| 991 | + | 1,200$27.25Comprehensive rehabilitation outpatient facilities |
---|
| 992 | + | 1,700$27.26Hospice providers |
---|
| 993 | + | 1,800$27.27Ambulatory surgical providers |
---|
| 994 | + | 4,200$27.28Hospitals |
---|
| 995 | + | Actual surveyor costs: average |
---|
| 996 | + | surveyor cost x number of hours for |
---|
| 997 | + | the survey process. |
---|
| 998 | + | 27.29Other provider categories or additional |
---|
| 999 | + | 27.30resurveys required to complete initial |
---|
| 1000 | + | 27.31certification |
---|
| 1001 | + | 27.32 These fees shall be submitted at the time of the application for federal certification and |
---|
| 1002 | + | 27.33shall not be refunded. All fees collected after the date that the imposition of fees is not |
---|
| 1003 | + | 27.34prohibited by federal law shall be deposited in the state treasury and credited to the state |
---|
| 1004 | + | 27.35government special revenue fund. |
---|
| 1005 | + | 27Article 1 Sec. 45. |
---|
| 1006 | + | REVISOR DTT/HL 25-0033803/03/25 28.1 (f) Notwithstanding section 16A.1283, the commissioner may adjust the fees assessed |
---|
| 1007 | + | 28.2on assisted living facilities and assisted living facilities with dementia care under paragraph |
---|
| 1008 | + | 28.3(d), in a revenue-neutral manner in accordance with the requirements of this paragraph: |
---|
| 1009 | + | 28.4 (1) a facility seeking to renew a license shall pay a renewal fee in an amount that is up |
---|
| 1010 | + | 28.5to ten percent lower than the applicable fee in paragraph (d) if residents who receive home |
---|
| 1011 | + | 28.6and community-based waiver services under chapter 256S and section 256B.49 comprise |
---|
| 1012 | + | 28.7more than 50 percent of the facility's capacity in the calendar year prior to the year in which |
---|
| 1013 | + | 28.8the renewal application is submitted; and |
---|
| 1014 | + | 28.9 (2) a facility seeking to renew a license shall pay a renewal fee in an amount that is up |
---|
| 1015 | + | 28.10to ten percent higher than the applicable fee in paragraph (d) if residents who receive home |
---|
| 1016 | + | 28.11and community-based waiver services under chapter 256S and section 256B.49 comprise |
---|
| 1017 | + | 28.12less than 50 percent of the facility's capacity during the calendar year prior to the year in |
---|
| 1018 | + | 28.13which the renewal application is submitted. |
---|
| 1019 | + | 28.14The commissioner may annually adjust the percentages in clauses (1) and (2), to ensure this |
---|
| 1020 | + | 28.15paragraph is implemented in a revenue-neutral manner. The commissioner shall develop a |
---|
| 1021 | + | 28.16method for determining capacity thresholds in this paragraph in consultation with the |
---|
| 1022 | + | 28.17commissioner of human services and must coordinate the administration of this paragraph |
---|
| 1023 | + | 28.18with the commissioner of human services for purposes of verification. |
---|
| 1024 | + | 28.19 (g) The commissioner shall charge hospitals an annual licensing base fee of $1,826 per |
---|
| 1025 | + | 28.20hospital, plus an additional $23 per licensed bed or bassinet fee. Revenue shall be deposited |
---|
| 1026 | + | 28.21to the state government special revenue fund and credited toward trauma hospital designations |
---|
| 1027 | + | 28.22under sections 144.605 and 144.6071. |
---|
| 1028 | + | 28.23Sec. 46. Minnesota Statutes 2024, section 144.122, is amended to read: |
---|
| 1029 | + | 28.24 144.122 LICENSE, PERMIT, AND SURVEY FEES. |
---|
| 1030 | + | 28.25 (a) The state commissioner of health, by rule, may prescribe procedures and fees for |
---|
| 1031 | + | 28.26filing with the commissioner as prescribed by statute and for the issuance of original and |
---|
| 1032 | + | 28.27renewal permits, licenses, registrations, and certifications issued under authority of the |
---|
| 1033 | + | 28.28commissioner. The expiration dates of the various licenses, permits, registrations, and |
---|
| 1034 | + | 28.29certifications as prescribed by the rules shall be plainly marked thereon. Fees may include |
---|
| 1035 | + | 28.30application and examination fees and a penalty fee for renewal applications submitted after |
---|
| 1036 | + | 28.31the expiration date of the previously issued permit, license, registration, and certification. |
---|
| 1037 | + | 28.32The commissioner may also prescribe, by rule, reduced fees for permits, licenses, |
---|
| 1038 | + | 28.33registrations, and certifications when the application therefor is submitted during the last |
---|
| 1039 | + | 28Article 1 Sec. 46. |
---|
| 1040 | + | REVISOR DTT/HL 25-0033803/03/25 29.1three months of the permit, license, registration, or certification period. Fees proposed to |
---|
| 1041 | + | 29.2be prescribed in the rules shall be first approved by the Department of Management and |
---|
| 1042 | + | 29.3Budget. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be |
---|
| 1043 | + | 29.4in an amount so that the total fees collected by the commissioner will, where practical, |
---|
| 1044 | + | 29.5approximate the cost to the commissioner in administering the program. All fees collected |
---|
| 1045 | + | 29.6shall be deposited in the state treasury and credited to the state government special revenue |
---|
| 1046 | + | 29.7fund unless otherwise specifically appropriated by law for specific purposes. |
---|
| 1047 | + | 29.8 (b) The commissioner may charge a fee for voluntary certification of medical laboratories |
---|
| 1048 | + | 29.9and environmental laboratories, and for environmental and medical laboratory services |
---|
| 1049 | + | 29.10provided by the department, without complying with paragraph (a) or chapter 14. Fees |
---|
| 1050 | + | 29.11charged for environment and medical laboratory services provided by the department must |
---|
| 1051 | + | 29.12be approximately equal to the costs of providing the services. |
---|
| 1052 | + | 29.13 (c) The commissioner may develop a schedule of fees for diagnostic evaluations |
---|
| 1053 | + | 29.14conducted at clinics held by the services for children with disabilities program. All receipts |
---|
| 1054 | + | 29.15generated by the program are annually appropriated to the commissioner for use in the |
---|
| 1055 | + | 29.16maternal and child health program. |
---|
| 1056 | + | 29.17 (d) The commissioner shall set license fees for hospitals and nursing homes that are not |
---|
| 1057 | + | 29.18boarding care homes at the following levels: |
---|
| 1058 | + | $7,655 plus $16 per bed29.19Joint Commission on Accreditation of |
---|
| 1059 | + | 29.20Healthcare Organizations (JCAHO) and |
---|
| 1060 | + | 29.21American Osteopathic Association (AOA) |
---|
| 1061 | + | 29.22hospitals |
---|
| 1062 | + | $5,280 plus $250 per bed29.23Non-JCAHO and non-AOA hospitals |
---|
| 1063 | + | $183 plus $91 per bed until June 30, 2018. |
---|
| 1064 | + | 29.25 $183 plus $100 per bed between July 1, 2018, |
---|
| 1065 | + | 29.24Nursing home |
---|
| 1066 | + | 29.26 and June 30, 2020. $183 plus $105 per bed |
---|
| 1067 | + | 29.27 beginning July 1, 2020. |
---|
| 1068 | + | 29.28 The commissioner shall set license fees for outpatient surgical centers, boarding care |
---|
| 1069 | + | 29.29homes, supervised living facilities, assisted living facilities, and assisted living facilities |
---|
| 1070 | + | 29.30with dementia care at the following levels: |
---|
| 1071 | + | $3,71229.31Outpatient surgical centers |
---|
| 1072 | + | $183 plus $91 per bed29.32Boarding care homes |
---|
| 1073 | + | $183 plus $91 per bed.29.33Supervised living facilities |
---|
| 1074 | + | $3,000 plus $100 $150 per resident.29.34Assisted living facilities with dementia care |
---|
| 1075 | + | $2,000 plus $75 $125 per resident.29.35Assisted living facilities |
---|
| 1076 | + | 29Article 1 Sec. 46. |
---|
| 1077 | + | REVISOR DTT/HL 25-0033803/03/25 30.1Fees collected under this paragraph are nonrefundable. The fees are nonrefundable even if |
---|
| 1078 | + | 30.2received before July 1, 2017, for licenses or registrations being issued effective July 1, 2017, |
---|
| 1079 | + | 30.3or later. |
---|
| 1080 | + | 30.4 (e) Unless prohibited by federal law, the commissioner of health shall charge applicants |
---|
| 1081 | + | 30.5the following fees to cover the cost of any initial certification surveys required to determine |
---|
| 1082 | + | 30.6a provider's eligibility to participate in the Medicare or Medicaid program: |
---|
| 1083 | + | 900$30.7Prospective payment surveys for hospitals |
---|
| 1084 | + | 1,200$30.8Swing bed surveys for nursing homes |
---|
| 1085 | + | 1,400$30.9Psychiatric hospitals |
---|
| 1086 | + | 1,100$30.10Rural health facilities |
---|
| 1087 | + | 500$30.11Portable x-ray providers |
---|
| 1088 | + | 1,800$30.12Home health agencies |
---|
| 1089 | + | 800$30.13Outpatient therapy agencies |
---|
| 1090 | + | 2,100$30.14End stage renal dialysis providers |
---|
| 1091 | + | 800$30.15Independent therapists |
---|
| 1092 | + | 1,200$30.16Comprehensive rehabilitation outpatient facilities |
---|
| 1093 | + | 1,700$30.17Hospice providers |
---|
| 1094 | + | 1,800$30.18Ambulatory surgical providers |
---|
| 1095 | + | 4,200$30.19Hospitals |
---|
| 1096 | + | Actual surveyor costs: average |
---|
| 1097 | + | surveyor cost x number of hours for |
---|
| 1098 | + | the survey process. |
---|
| 1099 | + | 30.20Other provider categories or additional |
---|
| 1100 | + | 30.21resurveys required to complete initial |
---|
| 1101 | + | 30.22certification |
---|
| 1102 | + | 30.23 These fees shall be submitted at the time of the application for federal certification and |
---|
| 1103 | + | 30.24shall not be refunded. All fees collected after the date that the imposition of fees is not |
---|
| 1104 | + | 30.25prohibited by federal law shall be deposited in the state treasury and credited to the state |
---|
| 1105 | + | 30.26government special revenue fund. |
---|
| 1106 | + | 30.27 (f) Notwithstanding section 16A.1283, the commissioner may adjust the fees assessed |
---|
| 1107 | + | 30.28on assisted living facilities and assisted living facilities with dementia care under paragraph |
---|
| 1108 | + | 30.29(d), in a revenue-neutral manner in accordance with the requirements of this paragraph: |
---|
| 1109 | + | 30.30 (1) a facility seeking to renew a license shall pay a renewal fee in an amount that is up |
---|
| 1110 | + | 30.31to ten percent lower than the applicable fee in paragraph (d) if residents who receive home |
---|
| 1111 | + | 30.32and community-based waiver services under chapter 256S and section 256B.49 comprise |
---|
| 1112 | + | 30.33more than 50 percent of the facility's capacity in the calendar year prior to the year in which |
---|
| 1113 | + | 30.34the renewal application is submitted; and |
---|
| 1114 | + | 30Article 1 Sec. 46. |
---|
| 1115 | + | REVISOR DTT/HL 25-0033803/03/25 31.1 (2) a facility seeking to renew a license shall pay a renewal fee in an amount that is up |
---|
| 1116 | + | 31.2to ten percent higher than the applicable fee in paragraph (d) if residents who receive home |
---|
| 1117 | + | 31.3and community-based waiver services under chapter 256S and section 256B.49 comprise |
---|
| 1118 | + | 31.4less than 50 percent of the facility's capacity during the calendar year prior to the year in |
---|
| 1119 | + | 31.5which the renewal application is submitted. |
---|
| 1120 | + | 31.6The commissioner may annually adjust the percentages in clauses (1) and (2), to ensure this |
---|
| 1121 | + | 31.7paragraph is implemented in a revenue-neutral manner. The commissioner shall develop a |
---|
| 1122 | + | 31.8method for determining capacity thresholds in this paragraph in consultation with the |
---|
| 1123 | + | 31.9commissioner of human services and must coordinate the administration of this paragraph |
---|
| 1124 | + | 31.10with the commissioner of human services for purposes of verification. |
---|
| 1125 | + | 31.11 (g) The commissioner shall charge hospitals an annual licensing base fee of $1,826 per |
---|
| 1126 | + | 31.12hospital, plus an additional $23 per licensed bed or bassinet fee. Revenue shall be deposited |
---|
| 1127 | + | 31.13to the state government special revenue fund and credited toward trauma hospital designations |
---|
| 1128 | + | 31.14under sections 144.605 and 144.6071. |
---|
| 1129 | + | 31.15Sec. 47. Minnesota Statutes 2024, section 144.1222, subdivision 1a, is amended to read: |
---|
| 1130 | + | 31.16 Subd. 1a.Fees.All plans and specifications for public pool and spa construction, |
---|
| 1131 | + | 31.17installation, or alteration or requests for a variance that are submitted to the commissioner |
---|
| 1132 | + | 31.18according to Minnesota Rules, part 4717.3975, shall be accompanied by the appropriate |
---|
| 1133 | + | 31.19fees. All public pool construction plans submitted for review after January 1, 2009, must |
---|
| 1134 | + | 31.20be certified by a professional engineer registered in the state of Minnesota. If the |
---|
| 1135 | + | 31.21commissioner determines, upon review of the plans, that inadequate fees were paid, the |
---|
| 1136 | + | 31.22necessary additional fees shall be paid before plan approval. For purposes of determining |
---|
| 1137 | + | 31.23fees, a project is defined as a proposal to construct or install a public pool, spa, special |
---|
| 1138 | + | 31.24purpose pool, or wading pool and all associated water treatment equipment and drains, |
---|
| 1139 | + | 31.25gutters, decks, water recreation features, spray pads, and those design and safety features |
---|
| 1140 | + | 31.26that are within five feet of any pool or spa. Plans submitted less than 30 days prior to |
---|
| 1141 | + | 31.27construction are subject to 50 percent of the original plan review fee. The commissioner |
---|
| 1142 | + | 31.28shall charge the following fees for plan review and inspection of public pools and spas and |
---|
| 1143 | + | 31.29for requests for variance from the public pool and spa rules: |
---|
| 1144 | + | 31.30 (1) each pool, $1,500 $1,600; |
---|
| 1145 | + | 31.31 (2) each spa pool, $800 $900; |
---|
| 1146 | + | 31.32 (3) each slide, $600 $650; |
---|
| 1147 | + | 31Article 1 Sec. 47. |
---|
| 1148 | + | REVISOR DTT/HL 25-0033803/03/25 32.1 (4) projects valued at $250,000 or more, the greater of the sum of the fees in clauses (1), |
---|
| 1149 | + | 32.2(2), and (3) or 0.5 percent of the documented estimated project cost to a maximum fee of |
---|
| 1150 | + | 32.3$15,000; |
---|
| 1151 | + | 32.4 (5) alterations to an existing pool without changing the size or configuration of the pool, |
---|
| 1152 | + | 32.5$600 $700; |
---|
| 1153 | + | 32.6 (6) removal or replacement of pool disinfection equipment only, $100 $200; and |
---|
| 1154 | + | 32.7 (7) request for variance from the public pool and spa rules, $500 $550. |
---|
| 1155 | + | 32.8 Sec. 48. [144.1223] REGISTERED SANITARIANS AND REGISTERED |
---|
| 1156 | + | 32.9ENVIRONMENT AL HEALTH SPECIALIST APPLICATION FEES. |
---|
| 1157 | + | 32.10 (a) Fees to be submitted with initial or renewal applications are as follows: |
---|
| 1158 | + | 32.11 (1) initial application fee, $55; |
---|
| 1159 | + | 32.12 (2) biennial renewal application fee, $55; and |
---|
| 1160 | + | 32.13 (3) penalty for late submission of renewal application, $20, if not renewed by designated |
---|
| 1161 | + | 32.14renewal date. |
---|
| 1162 | + | 32.15 (b) Additionally, a $5 technology fee must be paid with the initial registration or |
---|
| 1163 | + | 32.16registration renewal. |
---|
| 1164 | + | 32.17Sec. 49. Minnesota Statutes 2024, section 144.3831, subdivision 1, is amended to read: |
---|
| 1165 | + | 32.18 Subdivision 1.Fee setting.The commissioner of health may assess an annual fee of |
---|
| 1166 | + | 32.19$9.72 $15.22 for every service connection to a public water supply that is owned or operated |
---|
| 1167 | + | 32.20by a home rule charter city, a statutory city, a city of the first class, or a town. The |
---|
| 1168 | + | 32.21commissioner of health may also assess an annual fee for every service connection served |
---|
| 1169 | + | 32.22by a water user district defined in section 110A.02. |
---|
| 1170 | + | 32.23Sec. 50. Minnesota Statutes 2024, section 144.55, subdivision 1a, is amended to read: |
---|
| 1171 | + | 32.24 Subd. 1a.License fee.The annual license fee for outpatient surgical centers is $1,512 |
---|
| 1172 | + | 32.25$1,966. |
---|
| 1173 | + | 32Article 1 Sec. 50. |
---|
| 1174 | + | REVISOR DTT/HL 25-0033803/03/25 33.1 Sec. 51. Minnesota Statutes 2024, section 144.554, is amended to read: |
---|
| 1175 | + | 33.2 144.554 HEALTH FACILITIES CONSTRUCTION PLAN SUBMITTAL AND |
---|
| 1176 | + | 33.3FEES. |
---|
| 1177 | + | 33.4 For hospitals, nursing homes, assisted living facilities, boarding care homes, residential |
---|
| 1178 | + | 33.5hospices, supervised living facilities, freestanding outpatient surgical centers, and end-stage |
---|
| 1179 | + | 33.6renal disease facilities, the commissioner shall collect a fee for the review and approval of |
---|
| 1180 | + | 33.7architectural, mechanical, and electrical plans and specifications submitted before |
---|
| 1181 | + | 33.8construction begins for each project relative to construction of new buildings, additions to |
---|
| 1182 | + | 33.9existing buildings, or remodeling or alterations of existing buildings. All fees collected in |
---|
| 1183 | + | 33.10this section shall be deposited in the state treasury and credited to the state government |
---|
| 1184 | + | 33.11special revenue fund. Fees must be paid at the time of submission of final plans for review |
---|
| 1185 | + | 33.12and are not refundable. The fee is calculated as follows: |
---|
| 1186 | + | Fee33.13 Construction project total estimated cost |
---|
| 1187 | + | $30 $4533.14 $0 - $10,000 |
---|
| 1188 | + | $150 $22533.15 $10,001 - $50,000 |
---|
| 1189 | + | $300 $45033.16 $50,001 - $100,000 |
---|
| 1190 | + | $450 $67533.17 $100,001 - $150,000 |
---|
| 1191 | + | $600 $90033.18 $150,001 - $200,000 |
---|
| 1192 | + | $750 $1,12533.19 $200,001 - $250,000 |
---|
| 1193 | + | $900 $1,35033.20 $250,001 - $300,000 |
---|
| 1194 | + | $1,050 $1,57533.21 $300,001 - $350,000 |
---|
| 1195 | + | $1,200 $1,80033.22 $350,001 - $400,000 |
---|
| 1196 | + | $1,350 $2,02533.23 $400,001 - $450,000 |
---|
| 1197 | + | $1,500 $2,25033.24 $450,001 - $500,000 |
---|
| 1198 | + | $1,650 $2,47533.25 $500,001 - $550,000 |
---|
| 1199 | + | $1,800 $2,70033.26 $550,001 - $600,000 |
---|
| 1200 | + | $1,950 $2,92533.27 $600,001 - $650,000 |
---|
| 1201 | + | $2,100 $3,15033.28 $650,001 - $700,000 |
---|
| 1202 | + | $2,250 $3,37533.29 $700,001 - $750,000 |
---|
| 1203 | + | $2,400 $3,60033.30 $750,001 - $800,000 |
---|
| 1204 | + | $2,550 $3,82533.31 $800,001 - $850,000 |
---|
| 1205 | + | $2,700 $4,05033.32 $850,001 - $900,000 |
---|
| 1206 | + | $2,850 $4,27533.33 $900,001 - $950,000 |
---|
| 1207 | + | $3,000 $4,50033.34 $950,001 - $1,000,000 |
---|
| 1208 | + | $3,150 $4,72533.35 $1,000,001 - $1,050,000 |
---|
| 1209 | + | $3,300 $4,95033.36 $1,050,001 - $1,100,000 |
---|
| 1210 | + | 33Article 1 Sec. 51. |
---|
| 1211 | + | REVISOR DTT/HL 25-0033803/03/25 $3,450 $5,17534.1 $1,100,001 - $1,150,000 |
---|
| 1212 | + | $3,600 $5,40034.2 $1,150,001 - $1,200,000 |
---|
| 1213 | + | $3,750 $5,62534.3 $1,200,001 - $1,250,000 |
---|
| 1214 | + | $3,900 $5,85034.4 $1,250,001 - $1,300,000 |
---|
| 1215 | + | $4,050 $6,07534.5 $1,300,001 - $1,350,000 |
---|
| 1216 | + | $4,200 $6,30034.6 $1,350,001 - $1,400,000 |
---|
| 1217 | + | $4,350 $6,52534.7 $1,400,001 - $1,450,000 |
---|
| 1218 | + | $4,500 $6,75034.8 $1,450,001 - $1,500,000 |
---|
| 1219 | + | $4,800 $7,20034.9 $1,500,001 and over - $2,000,000 |
---|
| 1220 | + | $7,65034.10 $2,000,001 - $3,000,000 |
---|
| 1221 | + | $8,10034.11 $3,000,001 - $4,000,000 |
---|
| 1222 | + | $8,55034.12 $4,000,001 - $7,000,000 |
---|
| 1223 | + | $9,00034.13 $7,000,001 - $15,000,000 |
---|
| 1224 | + | $9,45034.14 $15,000,001 - $50,000,000 |
---|
| 1225 | + | $9,90034.15 $50,000,001 and over |
---|
| 1226 | + | 34.16Sec. 52. Minnesota Statutes 2024, section 144.608, subdivision 2, is amended to read: |
---|
| 1227 | + | 34.17 Subd. 2.Council administration.(a) The council must meet at least twice a year but |
---|
| 1228 | + | 34.18may meet more frequently at the call of the chair, a majority of the council members, or the |
---|
| 1229 | + | 34.19commissioner. |
---|
| 1230 | + | 34.20 (b) The terms, compensation, and removal of members of the council are governed by |
---|
| 1231 | + | 34.21section 15.059. The council expires June 30, 2025 2035. |
---|
| 1232 | + | 34.22 (c) The council may appoint subcommittees and work groups. Subcommittees shall |
---|
| 1233 | + | 34.23consist of council members. Work groups may include noncouncil members. Noncouncil |
---|
| 1234 | + | 34.24members shall be compensated for work group activities under section 15.059, subdivision |
---|
| 1235 | + | 34.253, but shall receive expenses only. |
---|
| 1236 | + | 34.26Sec. 53. Minnesota Statutes 2024, section 144.615, subdivision 8, is amended to read: |
---|
| 1237 | + | 34.27 Subd. 8.Fees.(a) The biennial license fee for a birth center is $365 $438. |
---|
| 1238 | + | 34.28 (b) The temporary license fee is $365 $438. |
---|
| 1239 | + | 34.29 (c) Fees shall be collected and deposited according to section 144.122. |
---|
| 1240 | + | 34.30Sec. 54. Minnesota Statutes 2024, section 144.966, subdivision 2, is amended to read: |
---|
| 1241 | + | 34.31 Subd. 2.Newborn Hearing Screening Advisory Committee.(a) The commissioner |
---|
| 1242 | + | 34.32of health shall establish a Newborn Hearing Screening Advisory Committee to advise and |
---|
| 1243 | + | 34Article 1 Sec. 54. |
---|
| 1244 | + | REVISOR DTT/HL 25-0033803/03/25 35.1assist the Department of Health; Department of Children, Youth, and Families; and the |
---|
| 1245 | + | 35.2Department of Education in: |
---|
| 1246 | + | 35.3 (1) developing protocols and timelines for screening, rescreening, and diagnostic |
---|
| 1247 | + | 35.4audiological assessment and early medical, audiological, and educational intervention |
---|
| 1248 | + | 35.5services for children who are deaf or hard-of-hearing; |
---|
| 1249 | + | 35.6 (2) designing protocols for tracking children from birth through age three that may have |
---|
| 1250 | + | 35.7passed newborn screening but are at risk for delayed or late onset of permanent hearing |
---|
| 1251 | + | 35.8loss; |
---|
| 1252 | + | 35.9 (3) designing a technical assistance program to support facilities implementing the |
---|
| 1253 | + | 35.10screening program and facilities conducting rescreening and diagnostic audiological |
---|
| 1254 | + | 35.11assessment; |
---|
| 1255 | + | 35.12 (4) designing implementation and evaluation of a system of follow-up and tracking; and |
---|
| 1256 | + | 35.13 (5) evaluating program outcomes to increase effectiveness and efficiency and ensure |
---|
| 1257 | + | 35.14culturally appropriate services for children with a confirmed hearing loss and their families. |
---|
| 1258 | + | 35.15 (b) The commissioner of health shall appoint at least one member from each of the |
---|
| 1259 | + | 35.16following groups with no less than two of the members being deaf or hard-of-hearing: |
---|
| 1260 | + | 35.17 (1) a representative from a consumer organization representing culturally deaf persons; |
---|
| 1261 | + | 35.18 (2) a parent with a child with hearing loss representing a parent organization; |
---|
| 1262 | + | 35.19 (3) a consumer from an organization representing oral communication options; |
---|
| 1263 | + | 35.20 (4) a consumer from an organization representing cued speech communication options; |
---|
| 1264 | + | 35.21 (5) an audiologist who has experience in evaluation and intervention of infants and |
---|
| 1265 | + | 35.22young children; |
---|
| 1266 | + | 35.23 (6) a speech-language pathologist who has experience in evaluation and intervention of |
---|
| 1267 | + | 35.24infants and young children; |
---|
| 1268 | + | 35.25 (7) two primary care providers who have experience in the care of infants and young |
---|
| 1269 | + | 35.26children, one of which shall be a pediatrician; |
---|
| 1270 | + | 35.27 (8) a representative from the early hearing detection intervention teams; |
---|
| 1271 | + | 35.28 (9) a representative from the Department of Education resource center for the deaf and |
---|
| 1272 | + | 35.29hard-of-hearing or the representative's designee; |
---|
| 1273 | + | 35.30 (10) a representative of the Commission of the Deaf, DeafBlind and Hard of Hearing; |
---|
| 1274 | + | 35Article 1 Sec. 54. |
---|
| 1275 | + | REVISOR DTT/HL 25-0033803/03/25 36.1 (11) a representative from the Department of Human Services Deaf and Hard-of-Hearing |
---|
| 1276 | + | 36.2Services Division; |
---|
| 1277 | + | 36.3 (12) one or more of the Part C coordinators from the Department of Education; the |
---|
| 1278 | + | 36.4Department of Health; the Department of Children, Youth, and Families; or the Department |
---|
| 1279 | + | 36.5of Human Services or the department's designees; |
---|
| 1280 | + | 36.6 (13) the Department of Health early hearing detection and intervention coordinators; |
---|
| 1281 | + | 36.7 (14) two birth hospital representatives from one rural and one urban hospital; |
---|
| 1282 | + | 36.8 (15) a pediatric geneticist; |
---|
| 1283 | + | 36.9 (16) an otolaryngologist; |
---|
| 1284 | + | 36.10 (17) a representative from the Newborn Screening Advisory Committee under this |
---|
| 1285 | + | 36.11subdivision; |
---|
| 1286 | + | 36.12 (18) a representative of the Department of Education regional low-incidence facilitators; |
---|
| 1287 | + | 36.13 (19) a representative from the deaf mentor program; and |
---|
| 1288 | + | 36.14 (20) a representative of the Minnesota State Academy for the Deaf from the Minnesota |
---|
| 1289 | + | 36.15State Academies staff. |
---|
| 1290 | + | 36.16The commissioner must complete the initial appointments required under this subdivision |
---|
| 1291 | + | 36.17by September 1, 2007, and the initial appointments under clauses (19) and (20) by September |
---|
| 1292 | + | 36.181, 2019. |
---|
| 1293 | + | 36.19 (c) The Department of Health member shall chair the first meeting of the committee. At |
---|
| 1294 | + | 36.20the first meeting, the committee shall elect a chair from its membership. The committee |
---|
| 1295 | + | 36.21shall meet at the call of the chair, at least four times a year. The committee shall adopt |
---|
| 1296 | + | 36.22written bylaws to govern its activities. The Department of Health shall provide technical |
---|
| 1297 | + | 36.23and administrative support services as required by the committee. These services shall |
---|
| 1298 | + | 36.24include technical support from individuals qualified to administer infant hearing screening, |
---|
| 1299 | + | 36.25rescreening, and diagnostic audiological assessments. |
---|
| 1300 | + | 36.26 Members of the committee shall receive no compensation for their service, but shall be |
---|
| 1301 | + | 36.27reimbursed as provided in section 15.059 for expenses incurred as a result of their duties |
---|
| 1302 | + | 36.28as members of the committee. |
---|
| 1303 | + | 36.29 (d) By February 15, 2015, and by February 15 of the odd-numbered years after that date, |
---|
| 1304 | + | 36.30the commissioner shall report to the chairs and ranking minority members of the legislative |
---|
| 1305 | + | 36.31committees with jurisdiction over health and data privacy on the activities of the committee |
---|
| 1306 | + | 36.32that have occurred during the past two years. |
---|
| 1307 | + | 36Article 1 Sec. 54. |
---|
| 1308 | + | REVISOR DTT/HL 25-0033803/03/25 37.1 (e) This subdivision expires June 30, 2025. |
---|
| 1309 | + | 37.2 EFFECTIVE DATE.This section is effective the day following final enactment or |
---|
| 1310 | + | 37.3June 30, 2025, whichever is earlier. |
---|
| 1311 | + | 37.4 Sec. 55. Minnesota Statutes 2024, section 144A.43, is amended by adding a subdivision |
---|
| 1312 | + | 37.5to read: |
---|
| 1313 | + | 37.6 Subd. 26a.Serious injury."Serious injury" has the meaning given in section 245.91, |
---|
| 1314 | + | 37.7subdivision 6. |
---|
| 1315 | + | 37.8 Sec. 56. Minnesota Statutes 2024, section 144A.474, subdivision 9, is amended to read: |
---|
| 1316 | + | 37.9 Subd. 9.Follow-up surveys.For providers that have Level 3 or, Level 4, or Level 5 |
---|
| 1317 | + | 37.10violations under subdivision 11, the department shall conduct a follow-up survey within 90 |
---|
| 1318 | + | 37.11calendar days of the survey. When conducting a follow-up survey, the surveyor will focus |
---|
| 1319 | + | 37.12on whether the previous violations have been corrected and may also address any new |
---|
| 1320 | + | 37.13violations that are observed while evaluating the corrections that have been made. |
---|
| 1321 | + | 37.14Sec. 57. Minnesota Statutes 2024, section 144A.474, subdivision 11, is amended to read: |
---|
| 1322 | + | 37.15 Subd. 11.Fines.(a) Fines and enforcement actions under this subdivision may be assessed |
---|
| 1323 | + | 37.16based on the level and scope of the violations described in paragraph (b) and imposed |
---|
| 1324 | + | 37.17immediately with no opportunity to correct the violation first as follows: |
---|
| 1325 | + | 37.18 (1) Level 1, no fines or enforcement; |
---|
| 1326 | + | 37.19 (2) Level 2, a fine of $500 per violation, in addition to any of the enforcement |
---|
| 1327 | + | 37.20mechanisms authorized in section 144A.475 for widespread violations; |
---|
| 1328 | + | 37.21 (3) Level 3, a fine of $3,000 $1,000 per incident, in addition to any of the enforcement |
---|
| 1329 | + | 37.22mechanisms authorized in section 144A.475; |
---|
| 1330 | + | 37.23 (4) Level 4, a fine of $5,000 $3,000 per incident, in addition to any of the enforcement |
---|
| 1331 | + | 37.24mechanisms authorized in section 144A.475; |
---|
| 1332 | + | 37.25 (5) Level 5, a fine of $5,000 per violation, in addition to any enforcement mechanism |
---|
| 1333 | + | 37.26authorized in section 144A.475; and |
---|
| 1334 | + | 37.27 (5) (6) for maltreatment violations for which the licensee was determined to be responsible |
---|
| 1335 | + | 37.28for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000. |
---|
| 1336 | + | 37.29A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible |
---|
| 1337 | + | 37Article 1 Sec. 57. |
---|
| 1338 | + | REVISOR DTT/HL 25-0033803/03/25 38.1for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury; |
---|
| 1339 | + | 38.2and. |
---|
| 1340 | + | 38.3 (6) The fines in clauses (1) to (4) (5) are increased and immediate fine imposition is |
---|
| 1341 | + | 38.4authorized for both surveys and investigations conducted. |
---|
| 1342 | + | 38.5 When a fine is assessed against a facility for substantiated maltreatment, the commissioner |
---|
| 1343 | + | 38.6shall not also impose an immediate fine under this chapter for the same circumstance. |
---|
| 1344 | + | 38.7 (b) Correction orders for violations are categorized by both level and scope and fines |
---|
| 1345 | + | 38.8shall be assessed as follows: |
---|
| 1346 | + | 38.9 (1) level of violation: |
---|
| 1347 | + | 38.10 (i) Level 1 is a violation that has no potential to cause more than a will cause only |
---|
| 1348 | + | 38.11minimal impact on the client and does not affect health or safety; |
---|
| 1349 | + | 38.12 (ii) Level 2 is a violation that did not harm a client's health or safety but had the potential |
---|
| 1350 | + | 38.13to have harmed a client's health or safety, but was not likely to cause serious injury, |
---|
| 1351 | + | 38.14impairment, or death; |
---|
| 1352 | + | 38.15 (iii) Level 3 is a violation that harmed a client's health or safety, not including serious |
---|
| 1353 | + | 38.16injury, impairment, or death, or a violation that has the potential to lead to serious injury, |
---|
| 1354 | + | 38.17impairment, or death or a violation that had the potential to cause more than minimal harm |
---|
| 1355 | + | 38.18to the client; and |
---|
| 1356 | + | 38.19 (iv) Level 4 is a violation that results in serious injury, impairment, or death harmed a |
---|
| 1357 | + | 38.20client's health or safety, not including serious injury or death, or a violation that was likely |
---|
| 1358 | + | 38.21to lead to serious injury or death; and |
---|
| 1359 | + | 38.22 (v) Level 5 is a violation that results in serious injury or death; and |
---|
| 1360 | + | 38.23 (2) scope of violation: |
---|
| 1361 | + | 38.24 (i) isolated, when one or a limited number of clients are affected or one or a limited |
---|
| 1362 | + | 38.25number of staff are involved or the situation has occurred only occasionally; |
---|
| 1363 | + | 38.26 (ii) pattern, when more than a limited number of clients are affected, more than a limited |
---|
| 1364 | + | 38.27number of staff are involved, or the situation has occurred repeatedly but is not found to be |
---|
| 1365 | + | 38.28pervasive; and |
---|
| 1366 | + | 38.29 (iii) widespread, when problems are pervasive or represent a systemic failure that has |
---|
| 1367 | + | 38.30affected or has the potential to affect a large portion or all of the clients. |
---|
| 1368 | + | 38Article 1 Sec. 57. |
---|
| 1369 | + | REVISOR DTT/HL 25-0033803/03/25 39.1 (c) If the commissioner finds that the applicant or a home care provider has not corrected |
---|
| 1370 | + | 39.2violations by the date specified in the correction order or conditional license resulting from |
---|
| 1371 | + | 39.3a survey or complaint investigation, the commissioner shall provide a notice of |
---|
| 1372 | + | 39.4noncompliance with a correction order by email to the applicant's or provider's last known |
---|
| 1373 | + | 39.5email address. The noncompliance notice must list the violations not corrected. |
---|
| 1374 | + | 39.6 (d) For every violation identified by the commissioner, the commissioner shall issue an |
---|
| 1375 | + | 39.7immediate fine pursuant to paragraph (a), clause (6). The license holder must still correct |
---|
| 1376 | + | 39.8the violation in the time specified. The issuance of an immediate fine can occur in addition |
---|
| 1377 | + | 39.9to any enforcement mechanism authorized under section 144A.475. The immediate fine |
---|
| 1378 | + | 39.10may be appealed as allowed under this subdivision. |
---|
| 1379 | + | 39.11 (e) The license holder must pay the fines assessed on or before the payment date specified. |
---|
| 1380 | + | 39.12If the license holder fails to fully comply with the order, the commissioner may issue a |
---|
| 1381 | + | 39.13second fine or suspend the license until the license holder complies by paying the fine. A |
---|
| 1382 | + | 39.14timely appeal shall stay payment of the fine until the commissioner issues a final order. |
---|
| 1383 | + | 39.15 (f) A license holder shall promptly notify the commissioner in writing when a violation |
---|
| 1384 | + | 39.16specified in the order is corrected. If upon reinspection the commissioner determines that |
---|
| 1385 | + | 39.17a violation has not been corrected as indicated by the order, the commissioner may issue a |
---|
| 1386 | + | 39.18second fine. The commissioner shall notify the license holder by mail to the last known |
---|
| 1387 | + | 39.19address in the licensing record that a second fine has been assessed. The license holder may |
---|
| 1388 | + | 39.20appeal the second fine as provided under this subdivision. |
---|
| 1389 | + | 39.21 (g) A home care provider that has been assessed a fine under this subdivision has a right |
---|
| 1390 | + | 39.22to a reconsideration or a hearing under this section and chapter 14. |
---|
| 1391 | + | 39.23 (h) When a fine has been assessed, the license holder may not avoid payment by closing, |
---|
| 1392 | + | 39.24selling, or otherwise transferring the licensed program to a third party. In such an event, the |
---|
| 1393 | + | 39.25license holder shall be liable for payment of the fine. |
---|
| 1394 | + | 39.26 (i) In addition to any fine imposed under this section, the commissioner may assess a |
---|
| 1395 | + | 39.27penalty amount based on costs related to an investigation that results in a final order assessing |
---|
| 1396 | + | 39.28a fine or other enforcement action authorized by this chapter. |
---|
| 1397 | + | 39.29 (j) Fines collected under paragraph (a), clauses (1) to (4), shall be deposited in a dedicated |
---|
| 1398 | + | 39.30special revenue account. On an annual basis, the balance in the special revenue account |
---|
| 1399 | + | 39.31shall be appropriated to the commissioner to implement the recommendations of the advisory |
---|
| 1400 | + | 39.32council established in section 144A.4799 or recommendations from the commissioner after |
---|
| 1401 | + | 39.33the advisory council's review and approval. |
---|
| 1402 | + | 39Article 1 Sec. 57. |
---|
| 1403 | + | REVISOR DTT/HL 25-0033803/03/25 40.1 (k) Fines collected under paragraph (a), clause (5), shall be deposited in a dedicated |
---|
| 1404 | + | 40.2special revenue account and appropriated to the commissioner to provide compensation |
---|
| 1405 | + | 40.3according to subdivision 14 to clients subject to maltreatment. A client may choose to receive |
---|
| 1406 | + | 40.4compensation from this fund, not to exceed $5,000 for each substantiated finding of |
---|
| 1407 | + | 40.5maltreatment, or take civil action. This paragraph expires July 31, 2021. |
---|
| 1408 | + | 40.6 Sec. 58. Minnesota Statutes 2024, section 144A.475, subdivision 3, is amended to read: |
---|
| 1409 | + | 40.7 Subd. 3.Notice.(a) Prior to any suspension, revocation, or refusal to renew a license, |
---|
| 1410 | + | 40.8the home care provider shall be entitled to notice and a hearing as provided by sections |
---|
| 1411 | + | 40.914.57 to 14.69. In addition to any other remedy provided by law, the commissioner may, |
---|
| 1412 | + | 40.10without a prior contested case hearing, temporarily suspend a license or prohibit delivery |
---|
| 1413 | + | 40.11of services by a provider for not more than 90 days, or issue a conditional license if the |
---|
| 1414 | + | 40.12commissioner determines that there are level 3 4 violations that do not pose an imminent |
---|
| 1415 | + | 40.13risk of harm to the health or safety of persons in the provider's care, provided: |
---|
| 1416 | + | 40.14 (1) advance notice is given to the home care provider; |
---|
| 1417 | + | 40.15 (2) after notice, the home care provider fails to correct the problem; |
---|
| 1418 | + | 40.16 (3) the commissioner has reason to believe that other administrative remedies are not |
---|
| 1419 | + | 40.17likely to be effective; and |
---|
| 1420 | + | 40.18 (4) there is an opportunity for a contested case hearing within the 30 days unless there |
---|
| 1421 | + | 40.19is an extension granted by an administrative law judge pursuant to subdivision 3b. |
---|
| 1422 | + | 40.20 (b) If the commissioner determines there are: |
---|
| 1423 | + | 40.21 (1) level 4 5 violations; or |
---|
| 1424 | + | 40.22 (2) violations that pose an imminent risk of harm to the health or safety of persons in |
---|
| 1425 | + | 40.23the provider's care, |
---|
| 1426 | + | 40.24the commissioner may immediately temporarily suspend a license, prohibit delivery of |
---|
| 1427 | + | 40.25services by a provider, or issue a conditional license without meeting the requirements of |
---|
| 1428 | + | 40.26paragraph (a), clauses (1) to (4). |
---|
| 1429 | + | 40.27For the purposes of this subdivision, "level 3 4" and "level 4 5" have the meanings given |
---|
| 1430 | + | 40.28in section 144A.474, subdivision 11, paragraph (b). |
---|
| 1431 | + | 40.29Sec. 59. Minnesota Statutes 2024, section 144A.475, subdivision 3a, is amended to read: |
---|
| 1432 | + | 40.30 Subd. 3a.Hearing.Within 15 business days of receipt of the licensee's timely appeal |
---|
| 1433 | + | 40.31of a sanction under this section, other than for a temporary suspension, the commissioner |
---|
| 1434 | + | 40Article 1 Sec. 59. |
---|
| 1435 | + | REVISOR DTT/HL 25-0033803/03/25 41.1shall request assignment of an administrative law judge. The commissioner's request must |
---|
| 1436 | + | 41.2include a proposed date, time, and place of hearing. A hearing must be conducted by an |
---|
| 1437 | + | 41.3administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, within |
---|
| 1438 | + | 41.490 calendar days of the request for assignment, unless an extension is requested by either |
---|
| 1439 | + | 41.5party and granted by the administrative law judge for good cause or for purposes of discussing |
---|
| 1440 | + | 41.6settlement. In no case shall one or more extensions be granted for a total of more than 90 |
---|
| 1441 | + | 41.7calendar days unless there is a criminal action pending against the licensee. If, while a |
---|
| 1442 | + | 41.8licensee continues to operate pending an appeal of an order for revocation, suspension, or |
---|
| 1443 | + | 41.9refusal to renew a license, the commissioner identifies one or more new violations of law |
---|
| 1444 | + | 41.10that meet the requirements of level 3 4 or 4 5 violations as defined in section 144A.474, |
---|
| 1445 | + | 41.11subdivision 11, paragraph (b), the commissioner shall act immediately to temporarily suspend |
---|
| 1446 | + | 41.12the license under the provisions in subdivision 3. |
---|
| 1447 | + | 41.13Sec. 60. Minnesota Statutes 2024, section 144A.475, subdivision 3b, is amended to read: |
---|
| 1448 | + | 41.14 Subd. 3b. Expedited hearing.(a) Within five business days of receipt of the license |
---|
| 1449 | + | 41.15holder's timely appeal of a temporary suspension or issuance of a conditional license, the |
---|
| 1450 | + | 41.16commissioner shall request assignment of an administrative law judge. The request must |
---|
| 1451 | + | 41.17include a proposed date, time, and place of a hearing. A hearing must be conducted by an |
---|
| 1452 | + | 41.18administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, within |
---|
| 1453 | + | 41.1930 calendar days of the request for assignment, unless an extension is requested by either |
---|
| 1454 | + | 41.20party and granted by the administrative law judge for good cause. The commissioner shall |
---|
| 1455 | + | 41.21issue a notice of hearing by certified mail or personal service at least ten business days |
---|
| 1456 | + | 41.22before the hearing. Certified mail to the last known address is sufficient. The scope of the |
---|
| 1457 | + | 41.23hearing shall be limited solely to the issue of whether the temporary suspension or issuance |
---|
| 1458 | + | 41.24of a conditional license should remain in effect and whether there is sufficient evidence to |
---|
| 1459 | + | 41.25conclude that the licensee's actions or failure to comply with applicable laws are level 3 4 |
---|
| 1460 | + | 41.26or 4 5 violations as defined in section 144A.474, subdivision 11, paragraph (b), or that there |
---|
| 1461 | + | 41.27were violations that posed an imminent risk of harm to the health and safety of persons in |
---|
| 1462 | + | 41.28the provider's care. |
---|
| 1463 | + | 41.29 (b) The administrative law judge shall issue findings of fact, conclusions, and a |
---|
| 1464 | + | 41.30recommendation within ten business days from the date of hearing. The parties shall have |
---|
| 1465 | + | 41.31ten calendar days to submit exceptions to the administrative law judge's report. The record |
---|
| 1466 | + | 41.32shall close at the end of the ten-day period for submission of exceptions. The commissioner's |
---|
| 1467 | + | 41.33final order shall be issued within ten business days from the close of the record. When an |
---|
| 1468 | + | 41.34appeal of a temporary immediate suspension or conditional license is withdrawn or dismissed, |
---|
| 1469 | + | 41.35the commissioner shall issue a final order affirming the temporary immediate suspension |
---|
| 1470 | + | 41Article 1 Sec. 60. |
---|
| 1471 | + | REVISOR DTT/HL 25-0033803/03/25 42.1or conditional license within ten calendar days of the commissioner's receipt of the |
---|
| 1472 | + | 42.2withdrawal or dismissal. The license holder is prohibited from operation during the temporary |
---|
| 1473 | + | 42.3suspension period. |
---|
| 1474 | + | 42.4 (c) When the final order under paragraph (b) affirms an immediate suspension, and a |
---|
| 1475 | + | 42.5final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that |
---|
| 1476 | + | 42.6sanction, the licensee is prohibited from operation pending a final commissioner's order |
---|
| 1477 | + | 42.7after the contested case hearing conducted under chapter 14. |
---|
| 1478 | + | 42.8 (d) A licensee whose license is temporarily suspended must comply with the requirements |
---|
| 1479 | + | 42.9for notification and transfer of clients in subdivision 5. These requirements remain if an |
---|
| 1480 | + | 42.10appeal is requested. |
---|
| 1481 | + | 42.11Sec. 61. Minnesota Statutes 2024, section 144A.475, subdivision 3c, is amended to read: |
---|
| 1482 | + | 42.12 Subd. 3c.Immediate temporary suspension.(a) In addition to any other remedies |
---|
| 1483 | + | 42.13provided by law, the commissioner may, without a prior contested case hearing, immediately |
---|
| 1484 | + | 42.14temporarily suspend a license or prohibit delivery of services by a provider for not more |
---|
| 1485 | + | 42.15than 90 days, or issue a conditional license, if the commissioner determines that there are: |
---|
| 1486 | + | 42.16 (1) level 4 5 violations; or |
---|
| 1487 | + | 42.17 (2) violations that pose an imminent risk of harm to the health or safety of persons in |
---|
| 1488 | + | 42.18the provider's care. |
---|
| 1489 | + | 42.19 (b) For purposes of this subdivision, "level 4 5" has the meaning given in section |
---|
| 1490 | + | 42.20144A.474, subdivision 11, paragraph (b). |
---|
| 1491 | + | 42.21 (c) A notice stating the reasons for the immediate temporary suspension or conditional |
---|
| 1492 | + | 42.22license and informing the license holder of the right to an expedited hearing under subdivision |
---|
| 1493 | + | 42.233b must be delivered by personal service to the address shown on the application or the last |
---|
| 1494 | + | 42.24known address of the license holder. The license holder may appeal an order immediately |
---|
| 1495 | + | 42.25temporarily suspending a license or issuing a conditional license. The appeal must be made |
---|
| 1496 | + | 42.26in writing by certified mail or personal service. If mailed, the appeal must be postmarked |
---|
| 1497 | + | 42.27and sent to the commissioner within five calendar days after the license holder receives |
---|
| 1498 | + | 42.28notice. If an appeal is made by personal service, it must be received by the commissioner |
---|
| 1499 | + | 42.29within five calendar days after the license holder received the order. |
---|
| 1500 | + | 42.30 (d) A license holder whose license is immediately temporarily suspended must comply |
---|
| 1501 | + | 42.31with the requirements for notification and transfer of clients in subdivision 5. These |
---|
| 1502 | + | 42.32requirements remain if an appeal is requested. |
---|
| 1503 | + | 42Article 1 Sec. 61. |
---|
| 1504 | + | REVISOR DTT/HL 25-0033803/03/25 43.1 Sec. 62. Minnesota Statutes 2024, section 144A.71, subdivision 2, is amended to read: |
---|
| 1505 | + | 43.2 Subd. 2.Application information and fee.The commissioner shall establish forms and |
---|
| 1506 | + | 43.3procedures for processing each supplemental nursing services agency registration application. |
---|
| 1507 | + | 43.4An application for a supplemental nursing services agency registration must include at least |
---|
| 1508 | + | 43.5the following: |
---|
| 1509 | + | 43.6 (1) the names and addresses of all owners and controlling persons of the supplemental |
---|
| 1510 | + | 43.7nursing services agency; |
---|
| 1511 | + | 43.8 (2) if the owner is a corporation, copies of its articles of incorporation and current bylaws, |
---|
| 1512 | + | 43.9together with the names and addresses of its officers and directors; |
---|
| 1513 | + | 43.10 (3) if the owner is a limited liability company, copies of its articles of organization and |
---|
| 1514 | + | 43.11operating agreement, together with the names and addresses of its officers and directors; |
---|
| 1515 | + | 43.12 (4) documentation that the supplemental nursing services agency has medical malpractice |
---|
| 1516 | + | 43.13insurance to insure against the loss, damage, or expense of a claim arising out of the death |
---|
| 1517 | + | 43.14or injury of any person as the result of negligence or malpractice in the provision of health |
---|
| 1518 | + | 43.15care services by the supplemental nursing services agency or by any employee of the agency; |
---|
| 1519 | + | 43.16 (5) documentation that the supplemental nursing services agency has an employee |
---|
| 1520 | + | 43.17dishonesty bond in the amount of $10,000; |
---|
| 1521 | + | 43.18 (6) documentation that the supplemental nursing services agency has insurance coverage |
---|
| 1522 | + | 43.19for workers' compensation for all nurses, nursing assistants, nurse aides, and orderlies |
---|
| 1523 | + | 43.20provided or procured by the agency; |
---|
| 1524 | + | 43.21 (7) documentation that the supplemental nursing services agency filed with the |
---|
| 1525 | + | 43.22commissioner of revenue: (i) the name and address of the bank, savings bank, or savings |
---|
| 1526 | + | 43.23association in which the supplemental nursing services agency deposits all employee income |
---|
| 1527 | + | 43.24tax withholdings; and (ii) the name and address of any nurse, nursing assistant, nurse aide, |
---|
| 1528 | + | 43.25or orderly whose income is derived from placement by the agency, if the agency purports |
---|
| 1529 | + | 43.26the income is not subject to withholding; |
---|
| 1530 | + | 43.27 (8) any other relevant information that the commissioner determines is necessary to |
---|
| 1531 | + | 43.28properly evaluate an application for registration; |
---|
| 1532 | + | 43.29 (9) a policy and procedure that describes how the supplemental nursing services agency's |
---|
| 1533 | + | 43.30records will be immediately available at all times to the commissioner and facility; and |
---|
| 1534 | + | 43.31 (10) a nonrefundable registration fee of $2,035 $2,442. |
---|
| 1535 | + | 43Article 1 Sec. 62. |
---|
| 1536 | + | REVISOR DTT/HL 25-0033803/03/25 44.1 If a supplemental nursing services agency fails to provide the items in this subdivision |
---|
| 1537 | + | 44.2to the department, the commissioner shall immediately suspend or refuse to issue the |
---|
| 1538 | + | 44.3supplemental nursing services agency registration. The supplemental nursing services agency |
---|
| 1539 | + | 44.4may appeal the commissioner's findings according to section 144A.475, subdivisions 3a |
---|
| 1540 | + | 44.5and 7, except that the hearing must be conducted by an administrative law judge within 60 |
---|
| 1541 | + | 44.6calendar days of the request for hearing assignment. |
---|
| 1542 | + | 44.7 Sec. 63. Minnesota Statutes 2024, section 144A.753, subdivision 1, is amended to read: |
---|
| 1543 | + | 44.8 Subdivision 1.License required; application.(a) A hospice provider may not operate |
---|
| 1544 | + | 44.9in the state without a valid license issued by the commissioner. |
---|
| 1545 | + | 44.10 (b) Within ten days after receiving an application for a license, the commissioner shall |
---|
| 1546 | + | 44.11acknowledge receipt of the application in writing. The acknowledgment must indicate |
---|
| 1547 | + | 44.12whether the application appears to be complete or whether additional information is required |
---|
| 1548 | + | 44.13before the application is considered complete. Within 90 days after receiving a complete |
---|
| 1549 | + | 44.14application, the commissioner shall either grant or deny the license. If an applicant is not |
---|
| 1550 | + | 44.15granted or denied a license within 90 days after submitting a complete application, the |
---|
| 1551 | + | 44.16license must be deemed granted. An applicant whose license has been deemed granted must |
---|
| 1552 | + | 44.17provide written notice to the commissioner before providing hospice care. |
---|
| 1553 | + | 44.18 (c) Each application for a hospice provider license, or for a renewal of a license, shall |
---|
| 1554 | + | 44.19be accompanied by a fee as follows: |
---|
| 1555 | + | 44.20 (1) for revenues no more than $25,000, $125 $150; |
---|
| 1556 | + | 44.21 (2) for revenues greater than $25,000 and no more than $100,000, $312.50 $375; |
---|
| 1557 | + | 44.22 (3) for revenues greater than $100,000 and no more than $250,000, $625 $750; |
---|
| 1558 | + | 44.23 (4) for revenues greater than $250,000 and no more than $350,000, $937.50 $1,125; |
---|
| 1559 | + | 44.24 (5) for revenues greater than $350,000 and no more than $450,000, $1,250 $1,500; |
---|
| 1560 | + | 44.25 (6) for revenues greater than $450,000 and no more than $550,000, $1,562.50 $1,875; |
---|
| 1561 | + | 44.26 (7) for revenues greater than $550,000 and no more than $650,000, $1,875 $2,250; |
---|
| 1562 | + | 44.27 (8) for revenues greater than $650,000 and no more than $750,000, $2,187.50 $2,625; |
---|
| 1563 | + | 44.28 (9) for revenues greater then $750,000 and no more than $850,000, $2,500 $3,000; |
---|
| 1564 | + | 44.29 (10) for revenues greater than $850,000 and no more than $950,000, $2,812.50 $3,375; |
---|
| 1565 | + | 44.30 (11) for revenues greater than $950,000 and no more than $1,100,000, $3,125 $3,750; |
---|
| 1566 | + | 44Article 1 Sec. 63. |
---|
| 1567 | + | REVISOR DTT/HL 25-0033803/03/25 45.1 (12) for revenues greater than $1,100,000 and no more than $1,275,000, $3,750 $4,500; |
---|
| 1568 | + | 45.2 (13) for revenues greater than $1,275,000 and no more than $1,500,000, $4,375 $5,250; |
---|
| 1569 | + | 45.3and |
---|
| 1570 | + | 45.4 (14) for revenues greater than $1,500,000, $5,000 $6,000. |
---|
| 1571 | + | 45.5 Sec. 64. Minnesota Statutes 2024, section 144G.20, subdivision 3, is amended to read: |
---|
| 1572 | + | 45.6 Subd. 3.Immediate temporary suspension.(a) In addition to any other remedies |
---|
| 1573 | + | 45.7provided by law, the commissioner may, without a prior contested case hearing, immediately |
---|
| 1574 | + | 45.8temporarily suspend a license or prohibit delivery of housing or services by a facility for |
---|
| 1575 | + | 45.9not more than 90 calendar days or issue a conditional license, if the commissioner determines |
---|
| 1576 | + | 45.10that there are: |
---|
| 1577 | + | 45.11 (1) Level 4 5 violations; or |
---|
| 1578 | + | 45.12 (2) violations that pose an imminent risk of harm to the health or safety of residents. |
---|
| 1579 | + | 45.13 (b) For purposes of this subdivision, "Level 4 5" has the meaning given in section |
---|
| 1580 | + | 45.14144G.31. |
---|
| 1581 | + | 45.15 (c) A notice stating the reasons for the immediate temporary suspension or conditional |
---|
| 1582 | + | 45.16license and informing the licensee of the right to an expedited hearing under subdivision |
---|
| 1583 | + | 45.1717 must be delivered by personal service to the address shown on the application or the last |
---|
| 1584 | + | 45.18known address of the licensee. The licensee may appeal an order immediately temporarily |
---|
| 1585 | + | 45.19suspending a license or issuing a conditional license. The appeal must be made in writing |
---|
| 1586 | + | 45.20by certified mail or personal service. If mailed, the appeal must be postmarked and sent to |
---|
| 1587 | + | 45.21the commissioner within five calendar days after the licensee receives notice. If an appeal |
---|
| 1588 | + | 45.22is made by personal service, it must be received by the commissioner within five calendar |
---|
| 1589 | + | 45.23days after the licensee received the order. |
---|
| 1590 | + | 45.24 (d) A licensee whose license is immediately temporarily suspended must comply with |
---|
| 1591 | + | 45.25the requirements for notification and transfer of residents in subdivision 15. The requirements |
---|
| 1592 | + | 45.26in subdivision 9 remain if an appeal is requested. |
---|
| 1593 | + | 45.27Sec. 65. Minnesota Statutes 2024, section 144G.20, subdivision 13, is amended to read: |
---|
| 1594 | + | 45.28 Subd. 13.Notice to facility.(a) Prior to any suspension, revocation, or refusal to renew |
---|
| 1595 | + | 45.29a license, the facility shall be entitled to notice and a hearing as provided by sections 14.57 |
---|
| 1596 | + | 45.30to 14.69. The hearing must commence within 60 calendar days after the proceedings are |
---|
| 1597 | + | 45.31initiated. In addition to any other remedy provided by law, the commissioner may, without |
---|
| 1598 | + | 45Article 1 Sec. 65. |
---|
| 1599 | + | REVISOR DTT/HL 25-0033803/03/25 46.1a prior contested case hearing, temporarily suspend a license or prohibit delivery of services |
---|
| 1600 | + | 46.2by a provider for not more than 90 calendar days, or issue a conditional license if the |
---|
| 1601 | + | 46.3commissioner determines that there are Level 3 4 violations that do not pose an imminent |
---|
| 1602 | + | 46.4risk of harm to the health or safety of the facility residents, provided: |
---|
| 1603 | + | 46.5 (1) advance notice is given to the facility; |
---|
| 1604 | + | 46.6 (2) after notice, the facility fails to correct the problem; |
---|
| 1605 | + | 46.7 (3) the commissioner has reason to believe that other administrative remedies are not |
---|
| 1606 | + | 46.8likely to be effective; and |
---|
| 1607 | + | 46.9 (4) there is an opportunity for a contested case hearing within 30 calendar days unless |
---|
| 1608 | + | 46.10there is an extension granted by an administrative law judge. |
---|
| 1609 | + | 46.11 (b) If the commissioner determines there are Level 4 5 violations or violations that pose |
---|
| 1610 | + | 46.12an imminent risk of harm to the health or safety of the facility residents, the commissioner |
---|
| 1611 | + | 46.13may immediately temporarily suspend a license, prohibit delivery of services by a facility, |
---|
| 1612 | + | 46.14or issue a conditional license without meeting the requirements of paragraph (a), clauses |
---|
| 1613 | + | 46.15(1) to (4). |
---|
| 1614 | + | 46.16For the purposes of this subdivision, "Level 3 4" and "Level 4 5" have the meanings given |
---|
| 1615 | + | 46.17in section 144G.31. |
---|
| 1616 | + | 46.18Sec. 66. Minnesota Statutes 2024, section 144G.20, subdivision 16, is amended to read: |
---|
| 1617 | + | 46.19 Subd. 16.Hearing.Within 15 business days of receipt of the licensee's timely appeal |
---|
| 1618 | + | 46.20of a sanction under this section, other than for a temporary suspension, the commissioner |
---|
| 1619 | + | 46.21shall request assignment of an administrative law judge. The commissioner's request must |
---|
| 1620 | + | 46.22include a proposed date, time, and place of hearing. A hearing must be conducted by an |
---|
| 1621 | + | 46.23administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, within |
---|
| 1622 | + | 46.2490 calendar days of the request for assignment, unless an extension is requested by either |
---|
| 1623 | + | 46.25party and granted by the administrative law judge for good cause or for purposes of discussing |
---|
| 1624 | + | 46.26settlement. In no case shall one or more extensions be granted for a total of more than 90 |
---|
| 1625 | + | 46.27calendar days unless there is a criminal action pending against the licensee. If, while a |
---|
| 1626 | + | 46.28licensee continues to operate pending an appeal of an order for revocation, suspension, or |
---|
| 1627 | + | 46.29refusal to renew a license, the commissioner identifies one or more new violations of law |
---|
| 1628 | + | 46.30that meet the requirements of Level 3 4 or Level 4 5 violations as defined in section 144G.31, |
---|
| 1629 | + | 46.31the commissioner shall act immediately to temporarily suspend the license. |
---|
| 1630 | + | 46Article 1 Sec. 66. |
---|
| 1631 | + | REVISOR DTT/HL 25-0033803/03/25 47.1 Sec. 67. Minnesota Statutes 2024, section 144G.20, subdivision 17, is amended to read: |
---|
| 1632 | + | 47.2 Subd. 17.Expedited hearing.(a) Within five business days of receipt of the licensee's |
---|
| 1633 | + | 47.3timely appeal of a temporary suspension or issuance of a conditional license, the |
---|
| 1634 | + | 47.4commissioner shall request assignment of an administrative law judge. The request must |
---|
| 1635 | + | 47.5include a proposed date, time, and place of a hearing. A hearing must be conducted by an |
---|
| 1636 | + | 47.6administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612, within |
---|
| 1637 | + | 47.730 calendar days of the request for assignment, unless an extension is requested by either |
---|
| 1638 | + | 47.8party and granted by the administrative law judge for good cause. The commissioner shall |
---|
| 1639 | + | 47.9issue a notice of hearing by certified mail or personal service at least ten business days |
---|
| 1640 | + | 47.10before the hearing. Certified mail to the last known address is sufficient. The scope of the |
---|
| 1641 | + | 47.11hearing shall be limited solely to the issue of whether the temporary suspension or issuance |
---|
| 1642 | + | 47.12of a conditional license should remain in effect and whether there is sufficient evidence to |
---|
| 1643 | + | 47.13conclude that the licensee's actions or failure to comply with applicable laws are Level 3 4 |
---|
| 1644 | + | 47.14or Level 4 5 violations as defined in section 144G.31, or that there were violations that |
---|
| 1645 | + | 47.15posed an imminent risk of harm to the resident's health and safety. |
---|
| 1646 | + | 47.16 (b) The administrative law judge shall issue findings of fact, conclusions, and a |
---|
| 1647 | + | 47.17recommendation within ten business days from the date of hearing. The parties shall have |
---|
| 1648 | + | 47.18ten calendar days to submit exceptions to the administrative law judge's report. The record |
---|
| 1649 | + | 47.19shall close at the end of the ten-day period for submission of exceptions. The commissioner's |
---|
| 1650 | + | 47.20final order shall be issued within ten business days from the close of the record. When an |
---|
| 1651 | + | 47.21appeal of a temporary immediate suspension or conditional license is withdrawn or dismissed, |
---|
| 1652 | + | 47.22the commissioner shall issue a final order affirming the temporary immediate suspension |
---|
| 1653 | + | 47.23or conditional license within ten calendar days of the commissioner's receipt of the |
---|
| 1654 | + | 47.24withdrawal or dismissal. The licensee is prohibited from operation during the temporary |
---|
| 1655 | + | 47.25suspension period. |
---|
| 1656 | + | 47.26 (c) When the final order under paragraph (b) affirms an immediate suspension, and a |
---|
| 1657 | + | 47.27final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that |
---|
| 1658 | + | 47.28sanction, the licensee is prohibited from operation pending a final commissioner's order |
---|
| 1659 | + | 47.29after the contested case hearing conducted under chapter 14. |
---|
| 1660 | + | 47.30 (d) A licensee whose license is temporarily suspended must comply with the requirements |
---|
| 1661 | + | 47.31for notification and transfer of residents under subdivision 15. These requirements remain |
---|
| 1662 | + | 47.32if an appeal is requested. |
---|
| 1663 | + | 47Article 1 Sec. 67. |
---|
| 1664 | + | REVISOR DTT/HL 25-0033803/03/25 48.1 Sec. 68. Minnesota Statutes 2024, section 144G.30, subdivision 7, is amended to read: |
---|
| 1665 | + | 48.2 Subd. 7.Required follow-up surveys.For assisted living facilities that have Level 3 |
---|
| 1666 | + | 48.3or, Level 4, or Level 5 violations under section 144G.31, the commissioner shall conduct |
---|
| 1667 | + | 48.4a follow-up survey within 90 calendar days of the survey. When conducting a follow-up |
---|
| 1668 | + | 48.5survey, the surveyor shall focus on whether the previous violations have been corrected and |
---|
| 1669 | + | 48.6may also address any new violations that are observed while evaluating the corrections that |
---|
| 1670 | + | 48.7have been made. |
---|
| 1671 | + | 48.8 Sec. 69. Minnesota Statutes 2024, section 144G.31, subdivision 2, is amended to read: |
---|
| 1672 | + | 48.9 Subd. 2.Levels of violations.Correction orders for violations are categorized by level |
---|
| 1673 | + | 48.10as follows: |
---|
| 1674 | + | 48.11 (1) Level 1 is a violation that has no potential to cause more than a minimal impact on |
---|
| 1675 | + | 48.12the resident will cause only minimal impact on the resident and does not affect health or |
---|
| 1676 | + | 48.13safety; |
---|
| 1677 | + | 48.14 (2) Level 2 is a violation that did not harm a resident's health or safety but had the |
---|
| 1678 | + | 48.15potential to have harmed a resident's health or safety, but was not likely to cause serious |
---|
| 1679 | + | 48.16injury, impairment, or death; |
---|
| 1680 | + | 48.17 (3) Level 3 is a violation that harmed a resident's health or safety, not including serious |
---|
| 1681 | + | 48.18injury, impairment, or death, or a violation that has the potential to lead to serious injury, |
---|
| 1682 | + | 48.19impairment, or death or a violation that had the potential to cause more than minimal harm |
---|
| 1683 | + | 48.20to the resident; and |
---|
| 1684 | + | 48.21 (4) Level 4 is a violation that results in serious injury, impairment, or death. harmed a |
---|
| 1685 | + | 48.22resident's health or safety, not including serious injury or death, or a violation that was likely |
---|
| 1686 | + | 48.23to lead to serious injury or death; and |
---|
| 1687 | + | 48.24 (5) Level 5 is a violation that results in serious injury or death. |
---|
| 1688 | + | 48.25Sec. 70. Minnesota Statutes 2024, section 144G.31, subdivision 4, is amended to read: |
---|
| 1689 | + | 48.26 Subd. 4.Fine amounts.(a) Fines and enforcement actions under this subdivision may |
---|
| 1690 | + | 48.27be assessed based on the level and scope of the violations described in subdivisions 2 and |
---|
| 1691 | + | 48.283 as follows and may be imposed immediately with no opportunity to correct the violation |
---|
| 1692 | + | 48.29prior to imposition: |
---|
| 1693 | + | 48.30 (1) Level 1, no fines or enforcement; |
---|
| 1694 | + | 48Article 1 Sec. 70. |
---|
| 1695 | + | REVISOR DTT/HL 25-0033803/03/25 49.1 (2) Level 2, a fine of $500 per violation, in addition to any enforcement mechanism |
---|
| 1696 | + | 49.2authorized in section 144G.20 for widespread violations; |
---|
| 1697 | + | 49.3 (3) Level 3, a fine of $3,000 $1,000 per violation, in addition to any enforcement |
---|
| 1698 | + | 49.4mechanism authorized in section 144G.20; |
---|
| 1699 | + | 49.5 (4) Level 4, a fine of $5,000 $3,000 per violation, in addition to any enforcement |
---|
| 1700 | + | 49.6mechanism authorized in section 144G.20; and |
---|
| 1701 | + | 49.7 (5) Level 5, a fine of $5,000 per violation, in addition to any enforcement mechanism |
---|
| 1702 | + | 49.8authorized in section 144G.20; and |
---|
| 1703 | + | 49.9 (5) (6) for maltreatment violations for which the licensee was determined to be responsible |
---|
| 1704 | + | 49.10for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000 |
---|
| 1705 | + | 49.11per incident. A fine of $5,000 per incident may be imposed if the commissioner determines |
---|
| 1706 | + | 49.12the licensee is responsible for maltreatment consisting of sexual assault, death, or abuse |
---|
| 1707 | + | 49.13resulting in serious injury. |
---|
| 1708 | + | 49.14 (b) When a fine is assessed against a facility for substantiated maltreatment, the |
---|
| 1709 | + | 49.15commissioner shall not also impose an immediate fine under this chapter for the same |
---|
| 1710 | + | 49.16circumstance. |
---|
| 1711 | + | 49.17Sec. 71. Minnesota Statutes 2024, section 144G.31, subdivision 5, is amended to read: |
---|
| 1712 | + | 49.18 Subd. 5.Immediate fine; payment.(a) For every Level 3 or, Level 4, or Level 5 |
---|
| 1713 | + | 49.19violation, the commissioner may issue an immediate fine. The licensee must still correct |
---|
| 1714 | + | 49.20the violation in the time specified. The issuance of an immediate fine may occur in addition |
---|
| 1715 | + | 49.21to any enforcement mechanism authorized under section 144G.20. The immediate fine may |
---|
| 1716 | + | 49.22be appealed as allowed under this chapter. |
---|
| 1717 | + | 49.23 (b) The licensee must pay the fines assessed on or before the payment date specified. If |
---|
| 1718 | + | 49.24the licensee fails to fully comply with the order, the commissioner may issue a second fine |
---|
| 1719 | + | 49.25or suspend the license until the licensee complies by paying the fine. A timely appeal shall |
---|
| 1720 | + | 49.26stay payment of the fine until the commissioner issues a final order. |
---|
| 1721 | + | 49.27 (c) A licensee shall promptly notify the commissioner in writing when a violation |
---|
| 1722 | + | 49.28specified in the order is corrected. If upon reinspection the commissioner determines that |
---|
| 1723 | + | 49.29a violation has not been corrected as indicated by the order, the commissioner may issue |
---|
| 1724 | + | 49.30an additional fine. The commissioner shall notify the licensee by mail to the last known |
---|
| 1725 | + | 49.31address in the licensing record that a second fine has been assessed. The licensee may appeal |
---|
| 1726 | + | 49.32the second fine as provided under this subdivision. |
---|
| 1727 | + | 49Article 1 Sec. 71. |
---|
| 1728 | + | REVISOR DTT/HL 25-0033803/03/25 50.1 (d) A facility that has been assessed a fine under this section has a right to a |
---|
| 1729 | + | 50.2reconsideration or hearing under this chapter and chapter 14. |
---|
| 1730 | + | 50.3 Sec. 72. Minnesota Statutes 2024, section 144G.31, subdivision 8, is amended to read: |
---|
| 1731 | + | 50.4 Subd. 8.Deposit of fines.Fines collected under this section shall be deposited in a |
---|
| 1732 | + | 50.5dedicated special revenue account. On an annual basis, the balance in the special revenue |
---|
| 1733 | + | 50.6account shall be appropriated to the commissioner for special projects to improve resident |
---|
| 1734 | + | 50.7quality of care and outcomes in assisted living facilities licensed under this chapter in |
---|
| 1735 | + | 50.8Minnesota as recommended by the advisory council established in section 144A.4799 or |
---|
| 1736 | + | 50.9as recommended by the commissioner after the advisory council's review and approval. |
---|
| 1737 | + | 50.10Sec. 73. Minnesota Statutes 2024, section 144G.45, subdivision 6, is amended to read: |
---|
| 1738 | + | 50.11 Subd. 6.New construction; plans.(a) For all new licensure and construction beginning |
---|
| 1739 | + | 50.12on or after August 1, 2021, the following must be provided to the commissioner: |
---|
| 1740 | + | 50.13 (1) architectural and engineering plans and specifications for new construction must be |
---|
| 1741 | + | 50.14prepared and signed by architects and engineers who are registered in Minnesota. Final |
---|
| 1742 | + | 50.15working drawings and specifications for proposed construction must be submitted to the |
---|
| 1743 | + | 50.16commissioner for review and approval; |
---|
| 1744 | + | 50.17 (2) final architectural plans and specifications must include elevations and sections |
---|
| 1745 | + | 50.18through the building showing types of construction, and must indicate dimensions and |
---|
| 1746 | + | 50.19assignments of rooms and areas, room finishes, door types and hardware, elevations and |
---|
| 1747 | + | 50.20details of nurses' work areas, utility rooms, toilet and bathing areas, and large-scale layouts |
---|
| 1748 | + | 50.21of dietary and laundry areas. Plans must show the location of fixed equipment and sections |
---|
| 1749 | + | 50.22and details of elevators, chutes, and other conveying systems. Fire walls and smoke partitions |
---|
| 1750 | + | 50.23must be indicated. The roof plan must show all mechanical installations. The site plan must |
---|
| 1751 | + | 50.24indicate the proposed and existing buildings, topography, roadways, walks and utility service |
---|
| 1752 | + | 50.25lines; and |
---|
| 1753 | + | 50.26 (3) final mechanical and electrical plans and specifications must address the complete |
---|
| 1754 | + | 50.27layout and type of all installations, systems, and equipment to be provided. Heating plans |
---|
| 1755 | + | 50.28must include heating elements, piping, thermostatic controls, pumps, tanks, heat exchangers, |
---|
| 1756 | + | 50.29boilers, breeching, and accessories. Ventilation plans must include room air quantities, |
---|
| 1757 | + | 50.30ducts, fire and smoke dampers, exhaust fans, humidifiers, and air handling units. Plumbing |
---|
| 1758 | + | 50.31plans must include the fixtures and equipment fixture schedule; water supply and circulating |
---|
| 1759 | + | 50.32piping, pumps, tanks, riser diagrams, and building drains; the size, location, and elevation |
---|
| 1760 | + | 50.33of water and sewer services; and the building fire protection systems. Electrical plans must |
---|
| 1761 | + | 50Article 1 Sec. 73. |
---|
| 1762 | + | REVISOR DTT/HL 25-0033803/03/25 51.1include fixtures and equipment, receptacles, switches, power outlets, circuits, power and |
---|
| 1763 | + | 51.2light panels, transformers, and service feeders. Plans must show location of nurse call signals, |
---|
| 1764 | + | 51.3cable lines, fire alarm stations, and fire detectors and emergency lighting. |
---|
| 1765 | + | 51.4 (b) Unless construction is begun within one year after approval of the final working |
---|
| 1766 | + | 51.5drawing and specifications, the drawings must be resubmitted for review and approval. |
---|
| 1767 | + | 51.6 (c) The commissioner must be notified within 30 days before completion of construction |
---|
| 1768 | + | 51.7so that the commissioner can make arrangements for a final inspection by the commissioner. |
---|
| 1769 | + | 51.8 (d) At least one set of complete life safety plans, including changes resulting from |
---|
| 1770 | + | 51.9remodeling or alterations, must be kept on file in the facility. |
---|
| 1771 | + | 51.10 (e) For new construction beginning on or after July 1, 2025, the licensee must comply |
---|
| 1772 | + | 51.11with section 144.554 to submit applicable construction plans and fees to the commissioner. |
---|
| 1773 | + | 51.12Sec. 74. Minnesota Statutes 2024, section 145.8811, is amended to read: |
---|
| 1774 | + | 51.13 145.8811 MATERNAL AND CHILD HEALTH ADVISORY TASK FORCE |
---|
| 1775 | + | 51.14COMMITTEE. |
---|
| 1776 | + | 51.15 Subdivision 1.Composition of task force committee.The commissioner shall establish |
---|
| 1777 | + | 51.16and appoint a Maternal and Child Health Advisory Task Force Committee consisting of 15 |
---|
| 1778 | + | 51.17members who will provide equal representation from: |
---|
| 1779 | + | 51.18 (1) professionals with expertise in maternal and child health services; |
---|
| 1780 | + | 51.19 (2) representatives of community health boards as defined in section 145A.02, subdivision |
---|
| 1781 | + | 51.205; and |
---|
| 1782 | + | 51.21 (3) consumer representatives interested in the health of mothers and children. |
---|
| 1783 | + | 51.22 No members shall be employees of the Minnesota Department of Health. Section 15.059 |
---|
| 1784 | + | 51.23governs the Maternal and Child Health Advisory Task Force Committee. Notwithstanding |
---|
| 1785 | + | 51.24section 15.059, the Maternal and Child Health Advisory Task Force Committee does not |
---|
| 1786 | + | 51.25expire. |
---|
| 1787 | + | 51.26 Subd. 2.Duties.The advisory task force committee shall meet on a regular basis to |
---|
| 1788 | + | 51.27perform the following duties: |
---|
| 1789 | + | 51.28 (1) review and report on the health care needs of mothers and children throughout the |
---|
| 1790 | + | 51.29state of Minnesota; |
---|
| 1791 | + | 51Article 1 Sec. 74. |
---|
| 1792 | + | REVISOR DTT/HL 25-0033803/03/25 52.1 (2) review and report on the type, frequency, and impact of maternal and child health |
---|
| 1793 | + | 52.2care services provided to mothers and children under existing maternal and child health |
---|
| 1794 | + | 52.3care programs, including programs administered by the commissioner of health; |
---|
| 1795 | + | 52.4 (3) establish, review, and report to the commissioner a list of program guidelines and |
---|
| 1796 | + | 52.5criteria which the advisory task force committee considers essential to providing an effective |
---|
| 1797 | + | 52.6maternal and child health care program to low-income populations and high-risk persons |
---|
| 1798 | + | 52.7and fulfilling the purposes defined in section 145.88; |
---|
| 1799 | + | 52.8 (4) make recommendations to the commissioner for the use of other federal and state |
---|
| 1800 | + | 52.9funds available to meet maternal and child health needs; |
---|
| 1801 | + | 52.10 (5) make recommendations to the commissioner of health on priorities for funding the |
---|
| 1802 | + | 52.11following maternal and child health services: |
---|
| 1803 | + | 52.12 (i) prenatal, delivery, and postpartum care; |
---|
| 1804 | + | 52.13 (ii) comprehensive health care for children, especially from birth through five years of |
---|
| 1805 | + | 52.14age; |
---|
| 1806 | + | 52.15 (iii) adolescent health services; |
---|
| 1807 | + | 52.16 (iv) family planning services; |
---|
| 1808 | + | 52.17 (v) preventive dental care; |
---|
| 1809 | + | 52.18 (vi) special services for chronically ill and disabled children; and |
---|
| 1810 | + | 52.19 (vii) any other services that promote the health of mothers and children; and |
---|
| 1811 | + | 52.20 (6) establish in consultation with the commissioner statewide outcomes that will improve |
---|
| 1812 | + | 52.21the health status of mothers and children. |
---|
| 1813 | + | 52.22 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 1814 | + | 52.23Sec. 75. Minnesota Statutes 2024, section 157.16, subdivision 2, is amended to read: |
---|
| 1815 | + | 52.24 Subd. 2.License renewal.Initial and renewal licenses for all food and beverage service |
---|
| 1816 | + | 52.25establishments, youth camps, hotels, motels, lodging establishments, public pools, and |
---|
| 1817 | + | 52.26resorts shall be issued on an annual basis. Any person who operates a place of business after |
---|
| 1818 | + | 52.27the expiration date of a license or without having submitted an application and paid the fee |
---|
| 1819 | + | 52.28shall be deemed to have violated the provisions of this chapter and shall be subject to |
---|
| 1820 | + | 52.29enforcement action, as provided in the Health Enforcement Consolidation Act, sections |
---|
| 1821 | + | 52.30144.989 to 144.993. In addition, a penalty of $60 $100 shall be added to the total of the |
---|
| 1822 | + | 52.31license fee for any food and beverage service establishment operating without a license as |
---|
| 1823 | + | 52Article 1 Sec. 75. |
---|
| 1824 | + | REVISOR DTT/HL 25-0033803/03/25 53.1a mobile food unit, a seasonal temporary or seasonal permanent food stand, or a special |
---|
| 1825 | + | 53.2event food stand, and a penalty of $120 $200 shall be added to the total of the license fee |
---|
| 1826 | + | 53.3for all restaurants, food carts, hotels, motels, lodging establishments, youth camps, public |
---|
| 1827 | + | 53.4pools, and resorts operating without a license for a period of up to 30 days. A late fee of |
---|
| 1828 | + | 53.5$360 $450 shall be added to the license fee for establishments operating more than 30 days |
---|
| 1829 | + | 53.6without a license. |
---|
| 1830 | + | 53.7 Sec. 76. Minnesota Statutes 2024, section 157.16, subdivision 2a, is amended to read: |
---|
| 1831 | + | 53.8 Subd. 2a.Food manager certification.An applicant for certification or certification |
---|
| 1832 | + | 53.9renewal as a food manager must submit to the commissioner a $35 $45 nonrefundable |
---|
| 1833 | + | 53.10certification fee payable to the Department of Health. The commissioner shall issue a |
---|
| 1834 | + | 53.11duplicate certificate to replace a lost, destroyed, or mutilated certificate if the applicant |
---|
| 1835 | + | 53.12submits a completed application on a form provided by the commissioner for a duplicate |
---|
| 1836 | + | 53.13certificate and pays $20 $25 to the department for the cost of duplication. In addition, a $5 |
---|
| 1837 | + | 53.14technology fee must be paid with the initial certification, certification renewal, or duplicate |
---|
| 1838 | + | 53.15certificate application. |
---|
| 1839 | + | 53.16Sec. 77. Minnesota Statutes 2024, section 157.16, subdivision 3, is amended to read: |
---|
| 1840 | + | 53.17 Subd. 3.Establishment fees; definitions.(a) The following fees are required for food |
---|
| 1841 | + | 53.18and beverage service establishments, youth camps, hotels, motels, lodging establishments, |
---|
| 1842 | + | 53.19public pools, and resorts licensed under this chapter. Food and beverage service |
---|
| 1843 | + | 53.20establishments must pay the highest applicable fee under paragraph (d), clause (1), (2), (3), |
---|
| 1844 | + | 53.21or (4). The license fee for new operators previously licensed under this chapter for the same |
---|
| 1845 | + | 53.22calendar year is one-half of the appropriate annual license fee, plus any penalty that may |
---|
| 1846 | + | 53.23be required. The license fee for operators opening on or after October 1 is one-half of the |
---|
| 1847 | + | 53.24appropriate annual license fee, plus any penalty that may be required. |
---|
| 1848 | + | 53.25 (b) All food and beverage service establishments, except special event food stands, and |
---|
| 1849 | + | 53.26all hotels, motels, lodging establishments, public pools, and resorts shall pay an annual base |
---|
| 1850 | + | 53.27fee of $165 $300. |
---|
| 1851 | + | 53.28 (c) A special event food stand shall pay a flat fee of $55 $75 annually. "Special event |
---|
| 1852 | + | 53.29food stand" means a fee category where food is prepared or served in conjunction with |
---|
| 1853 | + | 53.30celebrations, county fairs, or special events from a special event food stand as defined in |
---|
| 1854 | + | 53.31section 157.15. |
---|
| 1855 | + | 53.32 (d) In addition to the base fee in paragraph (b), each food and beverage service |
---|
| 1856 | + | 53.33establishment, other than a special event food stand and a school concession stand, and each |
---|
| 1857 | + | 53Article 1 Sec. 77. |
---|
| 1858 | + | REVISOR DTT/HL 25-0033803/03/25 54.1hotel, motel, lodging establishment, public pool, and resort shall pay an additional annual |
---|
| 1859 | + | 54.2fee for each fee category, additional food service, or required additional inspection specified |
---|
| 1860 | + | 54.3in this paragraph: |
---|
| 1861 | + | 54.4 (1) Category 1 establishment, $110 $185. "Category 1 establishment" means a fee |
---|
| 1862 | + | 54.5category that provides one or more of the following items or is one of the listed |
---|
| 1863 | + | 54.6establishments or facilities: |
---|
| 1864 | + | 54.7 (i) serves prepackaged food that is served in the package; |
---|
| 1865 | + | 54.8 (ii) serves a continental breakfast such as rolls, coffee, juice, milk, and cold cereal; |
---|
| 1866 | + | 54.9 (iii) serves soft drinks, coffee, or nonalcoholic beverages; |
---|
| 1867 | + | 54.10 (iv) provides cleaning for eating, drinking, or cooking utensils, when the only food |
---|
| 1868 | + | 54.11served is prepared off site; |
---|
| 1869 | + | 54.12 (v) a food establishment where the method of food preparation meets the definition of |
---|
| 1870 | + | 54.13a low-risk establishment in section 157.20; or |
---|
| 1871 | + | 54.14 (vi) operates as a child care facility licensed under section 142B.05 and Minnesota Rules, |
---|
| 1872 | + | 54.15chapter 9503. |
---|
| 1873 | + | 54.16 (2) Category 2 establishment, $245 $430. "Category 2 establishment" means an |
---|
| 1874 | + | 54.17establishment that is not a Category 1 establishment and is either: |
---|
| 1875 | + | 54.18 (i) a food establishment where the method of food preparation meets the definition of a |
---|
| 1876 | + | 54.19medium-risk establishment in section 157.20; or |
---|
| 1877 | + | 54.20 (ii) an elementary or secondary school as defined in section 120A.05. |
---|
| 1878 | + | 54.21 (3) Category 3 establishment, $385 $670. "Category 3 establishment" means an |
---|
| 1879 | + | 54.22establishment that is not a Category 1 or Category 2 establishment and is either: |
---|
| 1880 | + | 54.23 (i) a food establishment where the method of food preparation meets the definition of a |
---|
| 1881 | + | 54.24high-risk establishment in section 157.20; or |
---|
| 1882 | + | 54.25 (ii) an establishment where 500 or more meals are prepared per day and served at one |
---|
| 1883 | + | 54.26or more separate locations. |
---|
| 1884 | + | 54.27 (4) Other food and beverage service, including food carts, mobile food units, seasonal |
---|
| 1885 | + | 54.28temporary food stands, and seasonal permanent food stands, $85 $150. |
---|
| 1886 | + | 54.29 (5) Lodging per sleeping accommodation unit, $11 $15, including hotels, motels, lodging |
---|
| 1887 | + | 54.30establishments, and resorts, up to a maximum of $1,100 $1,500. "Lodging per sleeping |
---|
| 1888 | + | 54.31accommodation unit" means a fee category including the number of guest rooms, cottages, |
---|
| 1889 | + | 54Article 1 Sec. 77. |
---|
| 1890 | + | REVISOR DTT/HL 25-0033803/03/25 55.1or other rental units of a hotel, motel, lodging establishment, or resort; or the number of |
---|
| 1891 | + | 55.2beds in a dormitory. |
---|
| 1892 | + | 55.3 (6) First public pool, $355 $455; each additional public pool, $200 $300. "Public pool" |
---|
| 1893 | + | 55.4means a fee category that has the meaning given in section 144.1222, subdivision 4. |
---|
| 1894 | + | 55.5 (7) First spa, $200 $300; each additional spa, $110 $200. "Spa pool" means a fee category |
---|
| 1895 | + | 55.6that has the meaning given in Minnesota Rules, part 4717.0250, subpart 9. |
---|
| 1896 | + | 55.7 (8) Private sewer or water, $60 $85. "Individual private water" means a fee category |
---|
| 1897 | + | 55.8with a water supply other than a community public water supply as defined in Minnesota |
---|
| 1898 | + | 55.9Rules, chapter 4720. "Individual private sewer" means a fee category with an individual |
---|
| 1899 | + | 55.10sewage treatment system which uses subsurface treatment and disposal. |
---|
| 1900 | + | 55.11 (9) Additional food service, $175 $250. "Additional food service" means a location at |
---|
| 1901 | + | 55.12a food service establishment, other than the primary food preparation and service area, used |
---|
| 1902 | + | 55.13to prepare or serve beverages or food to the public. Additional food service does not apply |
---|
| 1903 | + | 55.14to school concession stands. |
---|
| 1904 | + | 55.15 (10) Additional inspection fee, $250 $350. "Additional inspection fee" means a fee to |
---|
| 1905 | + | 55.16conduct the second inspection each year for elementary and secondary education facility |
---|
| 1906 | + | 55.17school lunch programs when required by the Richard B. Russell National School Lunch |
---|
| 1907 | + | 55.18Act. |
---|
| 1908 | + | 55.19 (11) HACCP verification, $175 $225. "HACCP verification" means an annual fee |
---|
| 1909 | + | 55.20category for a business that performs one or more specialized process that requires an |
---|
| 1910 | + | 55.21HACCP plan as required in chapter 31 and Minnesota Rules, chapter 4626. |
---|
| 1911 | + | 55.22 (e) A fee for review of construction plans must accompany the initial license application |
---|
| 1912 | + | 55.23for restaurants, hotels, motels, lodging establishments, resorts, seasonal food stands, and |
---|
| 1913 | + | 55.24mobile food units. Plans submitted less than 30 days prior to construction are subject to 50 |
---|
| 1914 | + | 55.25percent of the original plan review fee. A fee for review of an HACCP plan for specialized |
---|
| 1915 | + | 55.26processing must be submitted and approved prior to preparing and serving the specialized |
---|
| 1916 | + | 55.27processed food for human consumption. The fees for construction plan reviews and HACCP |
---|
| 1917 | + | 55.28plan reviews are as follows: |
---|
| 1918 | + | FeeType55.29Service Area |
---|
| 1919 | + | 55.30 $400 |
---|
| 1920 | + | $550category 1 establishment55.31Food |
---|
| 1921 | + | 55.32 $450 |
---|
| 1922 | + | $75055.33 category 2 establishment |
---|
| 1923 | + | 55.34 $500 |
---|
| 1924 | + | $80055.35 category 3 food establishment |
---|
| 1925 | + | 55Article 1 Sec. 77. |
---|
| 1926 | + | REVISOR DTT/HL 25-0033803/03/25 56.1 $250 |
---|
| 1927 | + | $40056.2 additional food service |
---|
| 1928 | + | 56.3 $500 |
---|
| 1929 | + | $60056.4 HACCP Plan Review |
---|
| 1930 | + | 56.5 $250 |
---|
| 1931 | + | $500food cart56.6Transient food service |
---|
| 1932 | + | 56.7 $250 |
---|
| 1933 | + | $50056.8 seasonal permanent food stand |
---|
| 1934 | + | 56.9 $250 |
---|
| 1935 | + | $50056.10 seasonal temporary food stand |
---|
| 1936 | + | 56.11 $350 |
---|
| 1937 | + | $70056.12 mobile food unit |
---|
| 1938 | + | 56.13 $375 |
---|
| 1939 | + | $450less than 25 rooms56.14Lodging |
---|
| 1940 | + | 56.15 $400 |
---|
| 1941 | + | $50056.16 25 to less than 100 rooms |
---|
| 1942 | + | 56.17 $500 |
---|
| 1943 | + | $60056.18 100 rooms or more |
---|
| 1944 | + | 56.19 $350 |
---|
| 1945 | + | $40056.20 less than five cabins |
---|
| 1946 | + | 56.21 $400 |
---|
| 1947 | + | $45056.22 five to less than ten cabins |
---|
| 1948 | + | 56.23 $450 |
---|
| 1949 | + | $50056.24 ten cabins or more |
---|
| 1950 | + | 56.25 (f) When existing food and beverage service establishments, hotels, motels, lodging |
---|
| 1951 | + | 56.26establishments, resorts, seasonal food stands, and mobile food units are extensively |
---|
| 1952 | + | 56.27remodeled, a fee must be submitted with the remodeling plans. The fee for this construction |
---|
| 1953 | + | 56.28plan review is as follows: |
---|
| 1954 | + | FeeType56.29Service Area |
---|
| 1955 | + | 56.30 $300 |
---|
| 1956 | + | $450category 1 establishment56.31Food |
---|
| 1957 | + | 56.32 $350 |
---|
| 1958 | + | $50056.33 category 2 establishment |
---|
| 1959 | + | 56.34 $400 |
---|
| 1960 | + | $55056.35 category 3 establishment |
---|
| 1961 | + | 56.36 $250 |
---|
| 1962 | + | $40056.37 additional food service |
---|
| 1963 | + | 56.38 $250 |
---|
| 1964 | + | $400food cart56.39Transient food service |
---|
| 1965 | + | 56.40 $250 |
---|
| 1966 | + | $40056.41 seasonal permanent food stand |
---|
| 1967 | + | 56.42 $250 |
---|
| 1968 | + | $40056.43 seasonal temporary food stand |
---|
| 1969 | + | 56Article 1 Sec. 77. |
---|
| 1970 | + | REVISOR DTT/HL 25-0033803/03/25 57.1 $250 |
---|
| 1971 | + | $40057.2 mobile food unit |
---|
| 1972 | + | 57.3 $250 |
---|
| 1973 | + | $300less than 25 rooms57.4Lodging |
---|
| 1974 | + | 57.5 $300 |
---|
| 1975 | + | $35057.6 25 to less than 100 rooms |
---|
| 1976 | + | 57.7 $450 |
---|
| 1977 | + | $50057.8 100 rooms or more |
---|
| 1978 | + | 57.9 $250 |
---|
| 1979 | + | $30057.10 less than five cabins |
---|
| 1980 | + | 57.11 $350 |
---|
| 1981 | + | $40057.12 five to less than ten cabins |
---|
| 1982 | + | 57.13 $400 |
---|
| 1983 | + | $45057.14 ten cabins or more |
---|
| 1984 | + | 57.15 (g) Special event food stands are not required to submit construction or remodeling plans |
---|
| 1985 | + | 57.16for review. |
---|
| 1986 | + | 57.17 (h) Youth camps shall pay an annual single fee for food and lodging as follows: |
---|
| 1987 | + | 57.18 (1) camps with up to 99 campers, $325 $375; |
---|
| 1988 | + | 57.19 (2) camps with 100 to 199 campers, $550 $600; and |
---|
| 1989 | + | 57.20 (3) camps with 200 or more campers, $750 $800. |
---|
| 1990 | + | 57.21 (i) A youth camp which pays fees under paragraph (d) is not required to pay fees under |
---|
| 1991 | + | 57.22paragraph (h). |
---|
| 1992 | + | 57.23Sec. 78. Minnesota Statutes 2024, section 157.16, subdivision 3a, is amended to read: |
---|
| 1993 | + | 57.24 Subd. 3a.Statewide hospitality fee.Every person, firm, or corporation that operates a |
---|
| 1994 | + | 57.25licensed boarding establishment, food and beverage service establishment, seasonal temporary |
---|
| 1995 | + | 57.26or permanent food stand, special event food stand, mobile food unit, food cart, resort, hotel, |
---|
| 1996 | + | 57.27motel, or lodging establishment in Minnesota must submit to the commissioner a $40 $50 |
---|
| 1997 | + | 57.28annual statewide hospitality fee for each licensed activity. The fee for establishments licensed |
---|
| 1998 | + | 57.29by either the Department of Health is required or a local government shall be paid at the |
---|
| 1999 | + | 57.30same time the licensure fee is due. For establishments licensed by local governments, the |
---|
| 2000 | + | 57.31fee is due to be paid to the Department of Health by the local government by July 1 of each |
---|
| 2001 | + | 57.32year. |
---|
| 2002 | + | 57Article 1 Sec. 78. |
---|
| 2003 | + | REVISOR DTT/HL 25-0033803/03/25 58.1 Sec. 79. Minnesota Statutes 2024, section 157.16, is amended by adding a subdivision to |
---|
| 2004 | + | 58.2read: |
---|
| 2005 | + | 58.3 Subd. 3b.Technology fee.Every food and beverage service establishment, youth camp, |
---|
| 2006 | + | 58.4hotel, motel, lodging establishment, public pool, and resort licensed under this chapter must |
---|
| 2007 | + | 58.5pay a $5 technology fee for each licensed activity for the initial license and with each |
---|
| 2008 | + | 58.6renewal. |
---|
| 2009 | + | 58.7 Sec. 80. Minnesota Statutes 2024, section 326.72, subdivision 1, is amended to read: |
---|
| 2010 | + | 58.8 Subdivision 1.When license required.A person within the state intending to directly |
---|
| 2011 | + | 58.9perform or cause to be performed through subcontracting or similar delegation any |
---|
| 2012 | + | 58.10asbestos-related work either for financial gain or with respect to the person's own property |
---|
| 2013 | + | 58.11shall first apply for and obtain a license from the commissioner. The license shall be in |
---|
| 2014 | + | 58.12writing, be dated when issued, contain an expiration date, be signed by the commissioner, |
---|
| 2015 | + | 58.13and give the name and address of the person to whom it is issued. |
---|
| 2016 | + | 58.14 The domiciled owner of a single family residence is not required to hold a license or |
---|
| 2017 | + | 58.15pay a project permit fee to conduct asbestos-related work in the domiciled residence. |
---|
| 2018 | + | 58.16 Any person performing any asbestos-related work within the state must be licensed by |
---|
| 2019 | + | 58.17the commissioner, whether directly performing asbestos work or causing it to be performed |
---|
| 2020 | + | 58.18through subcontracting or similar delegation. A domiciled owner of a single-family residence |
---|
| 2021 | + | 58.19is not required to hold a license or pay a project permit fee to conduct asbestos-related work |
---|
| 2022 | + | 58.20in the domiciled residence. |
---|
| 2023 | + | 58.21Sec. 81. Minnesota Statutes 2024, section 326.75, subdivision 3, is amended to read: |
---|
| 2024 | + | 58.22 Subd. 3.Permit fee.Five calendar days before beginning asbestos-related work, a person |
---|
| 2025 | + | 58.23shall pay a project permit fee to the commissioner equal to two three percent of the total |
---|
| 2026 | + | 58.24costs of the asbestos-related work. For asbestos-related work performed in single or |
---|
| 2027 | + | 58.25multifamily residences, of greater than ten but less than 260 linear feet of asbestos-containing |
---|
| 2028 | + | 58.26material on pipes, or greater than six but less than 160 square feet of asbestos-containing |
---|
| 2029 | + | 58.27material on other facility components, a person shall pay a project permit fee of $35 to the |
---|
| 2030 | + | 58.28commissioner. |
---|
| 2031 | + | 58.29Sec. 82. Minnesota Statutes 2024, section 326.75, subdivision 3a, is amended to read: |
---|
| 2032 | + | 58.30 Subd. 3a.Asbestos-related training course permit fee.The commissioner shall establish |
---|
| 2033 | + | 58.31by rule a permit fee to be paid by A training course provider shall pay the commissioner a |
---|
| 2034 | + | 58Article 1 Sec. 82. |
---|
| 2035 | + | REVISOR DTT/HL 25-0033803/03/25 59.1fee of $500 on application for a training course permit or and $250 for the renewal of a |
---|
| 2036 | + | 59.2permit of each asbestos-related training course required for certification or registration. |
---|
| 2037 | + | 59.3 Sec. 83. Minnesota Statutes 2024, section 327.15, subdivision 2, is amended to read: |
---|
| 2038 | + | 59.4 Subd. 2.License renewal.Initial and renewal licenses for all manufactured home parks |
---|
| 2039 | + | 59.5and recreational camping areas shall be issued annually and shall have an expiration date |
---|
| 2040 | + | 59.6included on the license. Any person who operates a manufactured home park or recreational |
---|
| 2041 | + | 59.7camping area after the expiration date of a license or without having submitted an application |
---|
| 2042 | + | 59.8and paid the fee shall be deemed to have violated the provisions of this chapter and shall |
---|
| 2043 | + | 59.9be subject to enforcement action, as provided in the Health Enforcement Consolidation Act, |
---|
| 2044 | + | 59.10sections 144.989 to 144.993. In addition, a penalty of $120 $200 shall be added to the total |
---|
| 2045 | + | 59.11of the license fee for any manufactured home park or recreational camping area operating |
---|
| 2046 | + | 59.12without a license for a period of up to 30 days. A late fee of $360 $450 shall be added to |
---|
| 2047 | + | 59.13the license fee for any manufactured home park or recreational camping area operating |
---|
| 2048 | + | 59.14more than 30 days without a license. |
---|
| 2049 | + | 59.15Sec. 84. Minnesota Statutes 2024, section 327.15, subdivision 3, is amended to read: |
---|
| 2050 | + | 59.16 Subd. 3.Fees, manufactured home parks and recreational camping areas.(a) The |
---|
| 2051 | + | 59.17following fees are required for manufactured home parks and recreational camping areas |
---|
| 2052 | + | 59.18licensed under this chapter. Fees collected under this section shall be deposited in the state |
---|
| 2053 | + | 59.19government special revenue fund. Recreational camping areas and manufactured home |
---|
| 2054 | + | 59.20parks shall pay the highest applicable base fee under paragraph (b). The license fee for new |
---|
| 2055 | + | 59.21operators of a manufactured home park or recreational camping area previously licensed |
---|
| 2056 | + | 59.22under this chapter for the same calendar year is one-half of the appropriate annual license |
---|
| 2057 | + | 59.23fee, plus any penalty that may be required. The license fee for operators opening on or after |
---|
| 2058 | + | 59.24October 1 is one-half of the appropriate annual license fee, plus any penalty that may be |
---|
| 2059 | + | 59.25required. |
---|
| 2060 | + | 59.26 (b) All manufactured home parks and recreational camping areas shall pay the following |
---|
| 2061 | + | 59.27annual base fee: |
---|
| 2062 | + | 59.28 (1) a manufactured home park, $165 $280; and |
---|
| 2063 | + | 59.29 (2) a recreational camping area with: |
---|
| 2064 | + | 59.30 (i) 24 or less sites, $55 $100; |
---|
| 2065 | + | 59.31 (ii) 25 to 99 sites, $230 $410; and |
---|
| 2066 | + | 59.32 (iii) 100 or more sites, $330 $610. |
---|
| 2067 | + | 59Article 1 Sec. 84. |
---|
| 2068 | + | REVISOR DTT/HL 25-0033803/03/25 60.1In addition to the base fee, manufactured home parks and recreational camping areas shall |
---|
| 2069 | + | 60.2pay $5 $8 for each licensed site. This paragraph does not apply to special event recreational |
---|
| 2070 | + | 60.3camping areas. Operators of a manufactured home park or a recreational camping area also |
---|
| 2071 | + | 60.4licensed under section 157.16 for the same location shall pay only one base fee, whichever |
---|
| 2072 | + | 60.5is the highest of the base fees found in this section or section 157.16. |
---|
| 2073 | + | 60.6 (c) In addition to the fee in paragraph (b), each manufactured home park or recreational |
---|
| 2074 | + | 60.7camping area shall pay an additional annual fee for each fee category specified in this |
---|
| 2075 | + | 60.8paragraph: |
---|
| 2076 | + | 60.9 (1) Manufactured home parks and recreational camping areas with public swimming |
---|
| 2077 | + | 60.10pools and spas shall pay the appropriate fees specified in section 157.16. |
---|
| 2078 | + | 60.11 (2) Individual private sewer or water, $60 $85. "Individual private water" means a fee |
---|
| 2079 | + | 60.12category with a water supply other than a community public water supply as defined in |
---|
| 2080 | + | 60.13Minnesota Rules, chapter 4720. "Individual private sewer" means a fee category with a |
---|
| 2081 | + | 60.14subsurface sewage treatment system which uses subsurface treatment and disposal. |
---|
| 2082 | + | 60.15 (d) The following fees must accompany a plan review application for initial construction |
---|
| 2083 | + | 60.16of a manufactured home park or recreational camping area: |
---|
| 2084 | + | 60.17 (1) for initial construction of less than 25 sites, $375 $400; |
---|
| 2085 | + | 60.18 (2) for initial construction of 25 to 99 sites, $400 $425; and |
---|
| 2086 | + | 60.19 (3) for initial construction of 100 or more sites, $500 $525. |
---|
| 2087 | + | 60.20 (e) The following fees must accompany a plan review application when an existing |
---|
| 2088 | + | 60.21manufactured home park or recreational camping area is expanded: |
---|
| 2089 | + | 60.22 (1) for expansion of less than 25 sites, $250 $300; |
---|
| 2090 | + | 60.23 (2) for expansion of 25 to 99 sites, $300 $350; and |
---|
| 2091 | + | 60.24 (3) for expansion of 100 or more sites, $450 $500. |
---|
| 2092 | + | 60.25Sec. 85. Minnesota Statutes 2024, section 327.15, subdivision 4, is amended to read: |
---|
| 2093 | + | 60.26 Subd. 4.Fees, special event recreational camping areas.(a) The following fees are |
---|
| 2094 | + | 60.27required for special event recreational camping areas licensed under this chapter. |
---|
| 2095 | + | 60.28 (b) All special event recreational camping areas shall pay an annual fee of $150 $250 |
---|
| 2096 | + | 60.29plus $1 $4 for each licensed site. |
---|
| 2097 | + | 60.30 (c) A special event recreational camping area shall pay a late fee of $360 $450 for failing |
---|
| 2098 | + | 60.31to obtain a license prior to operating. |
---|
| 2099 | + | 60Article 1 Sec. 85. |
---|
| 2100 | + | REVISOR DTT/HL 25-0033803/03/25 61.1 (d) The following fees must accompany a plan review application for initial construction |
---|
| 2101 | + | 61.2of a special event recreational camping area: |
---|
| 2102 | + | 61.3 (1) for initial construction of less than 25 special event recreational camping sites, $375 |
---|
| 2103 | + | 61.4$475; |
---|
| 2104 | + | 61.5 (2) for initial construction of 25 to 99 sites, $400 $500; and |
---|
| 2105 | + | 61.6 (3) for initial construction of 100 or more sites, $500 $600. |
---|
| 2106 | + | 61.7 (e) The following fees must accompany a plan review application for expansion of a |
---|
| 2107 | + | 61.8special event recreational camping area: |
---|
| 2108 | + | 61.9 (1) for expansion of less than 25 sites, $250 $300; |
---|
| 2109 | + | 61.10 (2) for expansion of 25 to 99 sites, $300 $350; and |
---|
| 2110 | + | 61.11 (3) for expansion of 100 or more sites, $450 $500. |
---|
| 2111 | + | 61.12Sec. 86. Minnesota Statutes 2024, section 327.15, is amended by adding a subdivision to |
---|
| 2112 | + | 61.13read: |
---|
| 2113 | + | 61.14 Subd. 5.Technology fee.All manufactured home parks, recreational camping areas, |
---|
| 2114 | + | 61.15and special event camping areas must pay a $5 technology fee at initial licensing and upon |
---|
| 2115 | + | 61.16each renewal. |
---|
| 2116 | + | 61.17Sec. 87. RULEMAKING. |
---|
| 2117 | + | 61.18 The Department of Health must adopt rules using the expedited process under Minnesota |
---|
| 2118 | + | 61.19Statutes, section 14.389, to amend certain parts in Minnesota Rules, chapter 4695, to conform |
---|
| 2119 | + | 61.20with the changes made in this act. |
---|
| 2120 | + | 61.21Sec. 88. REPEALER. |
---|
| 2121 | + | 61.22 (a) Minnesota Statutes 2024, section 103I.550, is repealed. |
---|
| 2122 | + | 61.23 (b) Minnesota Rules, part 4695.2900, is repealed. |
---|
| 2123 | + | 61.24 ARTICLE 2 |
---|
| 2124 | + | 61.25 HEALTH CARE |
---|
| 2125 | + | 61.26Section 1. Minnesota Statutes 2024, section 174.30, subdivision 3, is amended to read: |
---|
| 2126 | + | 61.27 Subd. 3.Other standards; wheelchair securement; protected transport.(a) A special |
---|
| 2127 | + | 61.28transportation service that transports individuals occupying wheelchairs is subject to the |
---|
| 2128 | + | 61Article 2 Section 1. |
---|
| 2129 | + | REVISOR DTT/HL 25-0033803/03/25 62.1provisions of sections 299A.11 to 299A.17 concerning wheelchair securement devices. The |
---|
| 2130 | + | 62.2commissioners of transportation and public safety shall cooperate in the enforcement of |
---|
| 2131 | + | 62.3this section and sections 299A.11 to 299A.17 so that a single inspection is sufficient to |
---|
| 2132 | + | 62.4ascertain compliance with sections 299A.11 to 299A.17 and with the standards adopted |
---|
| 2133 | + | 62.5under this section. Representatives of the Department of Transportation may inspect |
---|
| 2134 | + | 62.6wheelchair securement devices in vehicles operated by special transportation service |
---|
| 2135 | + | 62.7providers to determine compliance with sections 299A.11 to 299A.17 and to issue certificates |
---|
| 2136 | + | 62.8under section 299A.14, subdivision 4. |
---|
| 2137 | + | 62.9 (b) In place of a certificate issued under section 299A.14, the commissioner may issue |
---|
| 2138 | + | 62.10a decal under subdivision 4 for a vehicle equipped with a wheelchair securement device if |
---|
| 2139 | + | 62.11the device complies with sections 299A.11 to 299A.17 and the decal displays the information |
---|
| 2140 | + | 62.12in section 299A.14, subdivision 4. |
---|
| 2141 | + | 62.13 (c) For vehicles designated as protected transport under section 256B.0625, subdivision |
---|
| 2142 | + | 62.1417, paragraph (l) (n), the commissioner of transportation, during the commissioner's |
---|
| 2143 | + | 62.15inspection, shall check to ensure the safety provisions contained in that paragraph are in |
---|
| 2144 | + | 62.16working order. |
---|
| 2145 | + | 62.17Sec. 2. Minnesota Statutes 2024, section 256.9657, subdivision 2, is amended to read: |
---|
| 2146 | + | 62.18 Subd. 2.Hospital surcharge.(a) Effective October 1, 1992 July 1, 2025, each Minnesota |
---|
| 2147 | + | 62.19hospital except facilities of the federal Indian Health Service and regional treatment centers |
---|
| 2148 | + | 62.20shall pay to the medical assistance account a surcharge equal to 1.4 1.72 percent of net |
---|
| 2149 | + | 62.21patient revenues excluding net Medicare revenues reported by that provider to the health |
---|
| 2150 | + | 62.22care cost information system according to the schedule in subdivision 4. |
---|
| 2151 | + | 62.23 (b) Effective July 1, 1994, the surcharge under paragraph (a) is increased to 1.56 percent. |
---|
| 2152 | + | 62.24 (c) (b) Notwithstanding the Medicare cost finding and allowable cost principles, the |
---|
| 2153 | + | 62.25hospital surcharge is not an allowable cost for purposes of rate setting under sections |
---|
| 2154 | + | 62.26256.9685 to 256.9695. |
---|
| 2155 | + | 62.27Sec. 3. Minnesota Statutes 2024, section 256.9657, subdivision 3, is amended to read: |
---|
| 2156 | + | 62.28 Subd. 3.Surcharge on HMOs and community integrated service networks.(a) |
---|
| 2157 | + | 62.29Effective October 1, 1992 July 1, 2025, each health maintenance organization with a |
---|
| 2158 | + | 62.30certificate of authority issued by the commissioner of health under chapter 62D and each |
---|
| 2159 | + | 62.31community integrated service network licensed by the commissioner under chapter 62N |
---|
| 2160 | + | 62.32shall pay to the commissioner of human services a surcharge equal to six-tenths of one 1.25 |
---|
| 2161 | + | 62Article 2 Sec. 3. |
---|
| 2162 | + | REVISOR DTT/HL 25-0033803/03/25 63.1percent of the total premium revenues of the health maintenance organization or community |
---|
| 2163 | + | 63.2integrated service network as reported to the commissioner of health according to the |
---|
| 2164 | + | 63.3schedule in subdivision 4. |
---|
| 2165 | + | 63.4 (b) For purposes of this subdivision, total premium revenue means: |
---|
| 2166 | + | 63.5 (1) premium revenue recognized on a prepaid basis from individuals and groups for |
---|
| 2167 | + | 63.6provision of a specified range of health services over a defined period of time which is |
---|
| 2168 | + | 63.7normally one month, excluding premiums paid to a health maintenance organization or |
---|
| 2169 | + | 63.8community integrated service network from the Federal Employees Health Benefit Program; |
---|
| 2170 | + | 63.9 (2) premiums from Medicare wraparound subscribers for health benefits which |
---|
| 2171 | + | 63.10supplement Medicare coverage; |
---|
| 2172 | + | 63.11 (3) Medicare revenue, as a result of an arrangement between a health maintenance |
---|
| 2173 | + | 63.12organization or a community integrated service network and the Centers for Medicare and |
---|
| 2174 | + | 63.13Medicaid Services of the federal Department of Health and Human Services, for services |
---|
| 2175 | + | 63.14to a Medicare beneficiary, excluding Medicare revenue that states are prohibited from taxing |
---|
| 2176 | + | 63.15under sections 1854, 1860D-12, and 1876 of title XVIII of the federal Social Security Act, |
---|
| 2177 | + | 63.16codified as United States Code, title 42, sections 1395mm, 1395w-112, and 1395w-24, |
---|
| 2178 | + | 63.17respectively, as they may be amended from time to time; and |
---|
| 2179 | + | 63.18 (4) medical assistance revenue, as a result of an arrangement between a health |
---|
| 2180 | + | 63.19maintenance organization or community integrated service network and a Medicaid state |
---|
| 2181 | + | 63.20agency, for services to a medical assistance beneficiary. |
---|
| 2182 | + | 63.21 (c) If advance payments are made under paragraph (b), clause (1) or (2) to the health |
---|
| 2183 | + | 63.22maintenance organization or community integrated service network for more than one |
---|
| 2184 | + | 63.23reporting period, the portion of the payment that has not yet been earned must be treated as |
---|
| 2185 | + | 63.24a liability. |
---|
| 2186 | + | 63.25 (c) (d) When a health maintenance organization or community integrated service network |
---|
| 2187 | + | 63.26merges or consolidates with or is acquired by another health maintenance organization or |
---|
| 2188 | + | 63.27community integrated service network, the surviving corporation or the new corporation |
---|
| 2189 | + | 63.28shall be responsible for the annual surcharge originally imposed on each of the entities or |
---|
| 2190 | + | 63.29corporations subject to the merger, consolidation, or acquisition, regardless of whether one |
---|
| 2191 | + | 63.30of the entities or corporations does not retain a certificate of authority under chapter 62D |
---|
| 2192 | + | 63.31or a license under chapter 62N. |
---|
| 2193 | + | 63.32 (d) (e) Effective June 15 of each year, the surviving corporation's or the new corporation's |
---|
| 2194 | + | 63.33surcharge shall be based on the revenues earned in the previous calendar year by all of the |
---|
| 2195 | + | 63Article 2 Sec. 3. |
---|
| 2196 | + | REVISOR DTT/HL 25-0033803/03/25 64.1entities or corporations subject to the merger, consolidation, or acquisition regardless of |
---|
| 2197 | + | 64.2whether one of the entities or corporations does not retain a certificate of authority under |
---|
| 2198 | + | 64.3chapter 62D or a license under chapter 62N until the total premium revenues of the surviving |
---|
| 2199 | + | 64.4corporation include the total premium revenues of all the merged entities as reported to the |
---|
| 2200 | + | 64.5commissioner of health. |
---|
| 2201 | + | 64.6 (e) (f) When a health maintenance organization or community integrated service network, |
---|
| 2202 | + | 64.7which is subject to liability for the surcharge under this chapter, transfers, assigns, sells, |
---|
| 2203 | + | 64.8leases, or disposes of all or substantially all of its property or assets, liability for the surcharge |
---|
| 2204 | + | 64.9imposed by this chapter is imposed on the transferee, assignee, or buyer of the health |
---|
| 2205 | + | 64.10maintenance organization or community integrated service network. |
---|
| 2206 | + | 64.11 (f) (g) In the event a health maintenance organization or community integrated service |
---|
| 2207 | + | 64.12network converts its licensure to a different type of entity subject to liability for the surcharge |
---|
| 2208 | + | 64.13under this chapter, but survives in the same or substantially similar form, the surviving |
---|
| 2209 | + | 64.14entity remains liable for the surcharge regardless of whether one of the entities or corporations |
---|
| 2210 | + | 64.15does not retain a certificate of authority under chapter 62D or a license under chapter 62N. |
---|
| 2211 | + | 64.16 (g) (h) The surcharge assessed to a health maintenance organization or community |
---|
| 2212 | + | 64.17integrated service network ends when the entity ceases providing services for premiums |
---|
| 2213 | + | 64.18and the cessation is not connected with a merger, consolidation, acquisition, or conversion. |
---|
| 2214 | + | 64.19Sec. 4. Minnesota Statutes 2024, section 256B.0625, subdivision 3b, is amended to read: |
---|
| 2215 | + | 64.20 Subd. 3b.Telehealth services.(a) Medical assistance covers medically necessary services |
---|
| 2216 | + | 64.21and consultations delivered by a health care provider through telehealth in the same manner |
---|
| 2217 | + | 64.22as if the service or consultation was delivered through in-person contact. Services or |
---|
| 2218 | + | 64.23consultations delivered through telehealth shall be paid at the full allowable rate. |
---|
| 2219 | + | 64.24 (b) The commissioner may establish criteria that a health care provider must attest to in |
---|
| 2220 | + | 64.25order to demonstrate the safety or efficacy of delivering a particular service through |
---|
| 2221 | + | 64.26telehealth. The attestation may include that the health care provider: |
---|
| 2222 | + | 64.27 (1) has identified the categories or types of services the health care provider will provide |
---|
| 2223 | + | 64.28through telehealth; |
---|
| 2224 | + | 64.29 (2) has written policies and procedures specific to services delivered through telehealth |
---|
| 2225 | + | 64.30that are regularly reviewed and updated; |
---|
| 2226 | + | 64.31 (3) has policies and procedures that adequately address patient safety before, during, |
---|
| 2227 | + | 64.32and after the service is delivered through telehealth; |
---|
| 2228 | + | 64Article 2 Sec. 4. |
---|
| 2229 | + | REVISOR DTT/HL 25-0033803/03/25 65.1 (4) has established protocols addressing how and when to discontinue telehealth services; |
---|
| 2230 | + | 65.2and |
---|
| 2231 | + | 65.3 (5) has an established quality assurance process related to delivering services through |
---|
| 2232 | + | 65.4telehealth. |
---|
| 2233 | + | 65.5 (c) As a condition of payment, a licensed health care provider must document each |
---|
| 2234 | + | 65.6occurrence of a health service delivered through telehealth to a medical assistance enrollee. |
---|
| 2235 | + | 65.7Health care service records for services delivered through telehealth must meet the |
---|
| 2236 | + | 65.8requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must |
---|
| 2237 | + | 65.9document: |
---|
| 2238 | + | 65.10 (1) the type of service delivered through telehealth; |
---|
| 2239 | + | 65.11 (2) the time the service began and the time the service ended, including an a.m. and p.m. |
---|
| 2240 | + | 65.12designation; |
---|
| 2241 | + | 65.13 (3) the health care provider's basis for determining that telehealth is an appropriate and |
---|
| 2242 | + | 65.14effective means for delivering the service to the enrollee; |
---|
| 2243 | + | 65.15 (4) the mode of transmission used to deliver the service through telehealth and records |
---|
| 2244 | + | 65.16evidencing that a particular mode of transmission was utilized; |
---|
| 2245 | + | 65.17 (5) the location of the originating site and the distant site; |
---|
| 2246 | + | 65.18 (6) if the claim for payment is based on a physician's consultation with another physician |
---|
| 2247 | + | 65.19through telehealth, the written opinion from the consulting physician providing the telehealth |
---|
| 2248 | + | 65.20consultation; and |
---|
| 2249 | + | 65.21 (7) compliance with the criteria attested to by the health care provider in accordance |
---|
| 2250 | + | 65.22with paragraph (b). |
---|
| 2251 | + | 65.23 (d) Telehealth visits provided through audio and visual communication or accessible |
---|
| 2252 | + | 65.24video-based platforms may be used to satisfy the face-to-face requirement for reimbursement |
---|
| 2253 | + | 65.25under the payment methods that apply to a federally qualified health center, rural health |
---|
| 2254 | + | 65.26clinic, Indian health service, 638 tribal clinic, and certified community behavioral health |
---|
| 2255 | + | 65.27clinic, if the service would have otherwise qualified for payment if performed in person. |
---|
| 2256 | + | 65.28 (e) For purposes of this subdivision, unless otherwise covered under this chapter: |
---|
| 2257 | + | 65.29 (1) "telehealth" means the delivery of health care services or consultations using real-time |
---|
| 2258 | + | 65.30two-way interactive audio and visual communication or accessible telehealth video-based |
---|
| 2259 | + | 65.31platforms to provide or support health care delivery and facilitate the assessment, diagnosis, |
---|
| 2260 | + | 65.32consultation, treatment, education, and care management of a patient's health care. Telehealth |
---|
| 2261 | + | 65Article 2 Sec. 4. |
---|
| 2262 | + | REVISOR DTT/HL 25-0033803/03/25 66.1includes: the application of secure video conferencing consisting of a real-time, full-motion |
---|
| 2263 | + | 66.2synchronized video; store-and-forward technology; and synchronous interactions, between |
---|
| 2264 | + | 66.3a patient located at an originating site and a health care provider located at a distant site. |
---|
| 2265 | + | 66.4Telehealth does not include communication between health care providers, or between a |
---|
| 2266 | + | 66.5health care provider and a patient that consists solely of an audio-only communication, |
---|
| 2267 | + | 66.6email, or facsimile transmission or as specified by law, except that between July 1, 2025, |
---|
| 2268 | + | 66.7and July 1, 2028, telehealth includes communication between a health care provider and a |
---|
| 2269 | + | 66.8patient that solely consists of audio-only communication; |
---|
| 2270 | + | 66.9 (2) "health care provider" means a health care provider as defined under section 62A.673; |
---|
| 2271 | + | 66.10a community paramedic as defined under section 144E.001, subdivision 5f; a community |
---|
| 2272 | + | 66.11health worker who meets the criteria under subdivision 49, paragraph (a); a mental health |
---|
| 2273 | + | 66.12certified peer specialist under section 245I.04, subdivision 10; a mental health certified |
---|
| 2274 | + | 66.13family peer specialist under section 245I.04, subdivision 12; a mental health rehabilitation |
---|
| 2275 | + | 66.14worker under section 245I.04, subdivision 14; a mental health behavioral aide under section |
---|
| 2276 | + | 66.15245I.04, subdivision 16; a treatment coordinator under section 245G.11, subdivision 7; an |
---|
| 2277 | + | 66.16alcohol and drug counselor under section 245G.11, subdivision 5; or a recovery peer under |
---|
| 2278 | + | 66.17section 245G.11, subdivision 8; and |
---|
| 2279 | + | 66.18 (3) "originating site," "distant site," and "store-and-forward technology" have the |
---|
| 2280 | + | 66.19meanings given in section 62A.673, subdivision 2. |
---|
| 2281 | + | 66.20 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 2282 | + | 66.21Sec. 5. Minnesota Statutes 2024, section 256B.0625, subdivision 8e, is amended to read: |
---|
| 2283 | + | 66.22 Subd. 8e.Chiropractic services.Payment for chiropractic services is limited to |
---|
| 2284 | + | 66.23individuals under the age of 21. Coverage for individuals under the age of 21 is limited to |
---|
| 2285 | + | 66.24one annual evaluation and 24 visits per year unless prior authorization of a greater number |
---|
| 2286 | + | 66.25of visits is obtained. |
---|
| 2287 | + | 66.26 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, |
---|
| 2288 | + | 66.27whichever is later. The commissioner shall notify the revisor of statutes when federal |
---|
| 2289 | + | 66.28approval is obtained. |
---|
| 2290 | + | 66.29Sec. 6. Minnesota Statutes 2024, section 256B.0625, subdivision 13, is amended to read: |
---|
| 2291 | + | 66.30 Subd. 13.Drugs.(a) Medical assistance covers drugs, except for fertility drugs when |
---|
| 2292 | + | 66.31specifically used to enhance fertility, if prescribed by a licensed practitioner and dispensed |
---|
| 2293 | + | 66.32by a licensed pharmacist, by a physician enrolled in the medical assistance program as a |
---|
| 2294 | + | 66Article 2 Sec. 6. |
---|
| 2295 | + | REVISOR DTT/HL 25-0033803/03/25 67.1dispensing physician, or by a physician, a physician assistant, or an advanced practice |
---|
| 2296 | + | 67.2registered nurse employed by or under contract with a community health board as defined |
---|
| 2297 | + | 67.3in section 145A.02, subdivision 5, for the purposes of communicable disease control. |
---|
| 2298 | + | 67.4 (b) The dispensed quantity of a prescription drug must not exceed a 34-day supply unless |
---|
| 2299 | + | 67.5authorized by the commissioner or as provided in paragraph (h) or the drug appears on the |
---|
| 2300 | + | 67.690-day supply list published by the commissioner. The 90-day supply list shall be published |
---|
| 2301 | + | 67.7by the commissioner on the department's website. The commissioner may add to, delete |
---|
| 2302 | + | 67.8from, and otherwise modify the 90-day supply list after providing public notice and the |
---|
| 2303 | + | 67.9opportunity for a 15-day public comment period. The 90-day supply list may include |
---|
| 2304 | + | 67.10cost-effective generic drugs and shall not include controlled substances. |
---|
| 2305 | + | 67.11 (c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical |
---|
| 2306 | + | 67.12ingredient" is defined as a substance that is represented for use in a drug and when used in |
---|
| 2307 | + | 67.13the manufacturing, processing, or packaging of a drug becomes an active ingredient of the |
---|
| 2308 | + | 67.14drug product. An "excipient" is defined as an inert substance used as a diluent or vehicle |
---|
| 2309 | + | 67.15for a drug. The commissioner shall establish a list of active pharmaceutical ingredients and |
---|
| 2310 | + | 67.16excipients which are included in the medical assistance formulary. Medical assistance covers |
---|
| 2311 | + | 67.17selected active pharmaceutical ingredients and excipients used in compounded prescriptions |
---|
| 2312 | + | 67.18when the compounded combination is specifically approved by the commissioner or when |
---|
| 2313 | + | 67.19a commercially available product: |
---|
| 2314 | + | 67.20 (1) is not a therapeutic option for the patient; |
---|
| 2315 | + | 67.21 (2) does not exist in the same combination of active ingredients in the same strengths |
---|
| 2316 | + | 67.22as the compounded prescription; and |
---|
| 2317 | + | 67.23 (3) cannot be used in place of the active pharmaceutical ingredient in the compounded |
---|
| 2318 | + | 67.24prescription. |
---|
| 2319 | + | 67.25 (d) Medical assistance covers the following over-the-counter drugs as mandated by |
---|
| 2320 | + | 67.26United States Code, title 42, section 1396r-8, when prescribed by a licensed practitioner or |
---|
| 2321 | + | 67.27by a licensed pharmacist who meets standards established by the commissioner, in |
---|
| 2322 | + | 67.28consultation with the board of pharmacy: antacids, acetaminophen, family planning products, |
---|
| 2323 | + | 67.29aspirin, insulin, products for the treatment of lice, vitamins for adults with documented |
---|
| 2324 | + | 67.30vitamin deficiencies, vitamins for children under the age of seven and pregnant or nursing |
---|
| 2325 | + | 67.31women, and any other over-the-counter drug identified by the commissioner, in consultation |
---|
| 2326 | + | 67.32with the Formulary Committee, as necessary, appropriate, and cost-effective for the treatment |
---|
| 2327 | + | 67.33of certain specified chronic diseases, conditions, or disorders, and this determination shall |
---|
| 2328 | + | 67.34not be subject to the requirements of chapter 14. A pharmacist may prescribe over-the-counter |
---|
| 2329 | + | 67Article 2 Sec. 6. |
---|
| 2330 | + | REVISOR DTT/HL 25-0033803/03/25 68.1medications as provided under this paragraph for purposes of receiving reimbursement |
---|
| 2331 | + | 68.2under Medicaid. When prescribing over-the-counter drugs under this paragraph, licensed |
---|
| 2332 | + | 68.3pharmacists must consult with the recipient to determine necessity, provide drug counseling, |
---|
| 2333 | + | 68.4review drug therapy for potential adverse interactions, and make referrals as needed to other |
---|
| 2334 | + | 68.5health care professionals. |
---|
| 2335 | + | 68.6 (e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable |
---|
| 2336 | + | 68.7under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and |
---|
| 2337 | + | 68.8Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible |
---|
| 2338 | + | 68.9for drug coverage as defined in the Medicare Prescription Drug, Improvement, and |
---|
| 2339 | + | 68.10Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A). For these |
---|
| 2340 | + | 68.11individuals, medical assistance may cover drugs from the drug classes listed in United States |
---|
| 2341 | + | 68.12Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to |
---|
| 2342 | + | 68.1313g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall |
---|
| 2343 | + | 68.14not be covered. |
---|
| 2344 | + | 68.15 (f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing |
---|
| 2345 | + | 68.16Program and dispensed by 340B covered entities and ambulatory pharmacies under common |
---|
| 2346 | + | 68.17ownership of the 340B covered entity. Medical assistance does not cover drugs acquired |
---|
| 2347 | + | 68.18through the federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies. |
---|
| 2348 | + | 68.19 (g) Notwithstanding paragraph (a), medical assistance covers self-administered hormonal |
---|
| 2349 | + | 68.20contraceptives prescribed and dispensed by a licensed pharmacist in accordance with section |
---|
| 2350 | + | 68.21151.37, subdivision 14; nicotine replacement medications prescribed and dispensed by a |
---|
| 2351 | + | 68.22licensed pharmacist in accordance with section 151.37, subdivision 15; and opiate antagonists |
---|
| 2352 | + | 68.23used for the treatment of an acute opiate overdose prescribed and dispensed by a licensed |
---|
| 2353 | + | 68.24pharmacist in accordance with section 151.37, subdivision 16. |
---|
| 2354 | + | 68.25 (h) Medical assistance coverage for a prescription contraceptive must provide a 12-month |
---|
| 2355 | + | 68.26supply for any prescription contraceptive if a 12-month supply is prescribed by the |
---|
| 2356 | + | 68.27prescribing health care provider. The prescribing health care provider must determine the |
---|
| 2357 | + | 68.28appropriate duration for which to prescribe the prescription contraceptives, up to 12 months. |
---|
| 2358 | + | 68.29For purposes of this paragraph, "prescription contraceptive" means any drug or device that |
---|
| 2359 | + | 68.30requires a prescription and is approved by the Food and Drug Administration to prevent |
---|
| 2360 | + | 68.31pregnancy. Prescription contraceptive does not include an emergency contraceptive drug |
---|
| 2361 | + | 68.32approved to prevent pregnancy when administered after sexual contact. For purposes of this |
---|
| 2362 | + | 68.33paragraph, "health plan" has the meaning provided in section 62Q.01, subdivision 3. |
---|
| 2363 | + | 68Article 2 Sec. 6. |
---|
| 2364 | + | REVISOR DTT/HL 25-0033803/03/25 69.1 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, |
---|
| 2365 | + | 69.2whichever is later. The commissioner shall notify the revisor of statutes when federal |
---|
| 2366 | + | 69.3approval is obtained. |
---|
| 2367 | + | 69.4 Sec. 7. Minnesota Statutes 2024, section 256B.0625, subdivision 30, is amended to read: |
---|
| 2368 | + | 69.5 Subd. 30.Other clinic services.(a) Medical assistance covers rural health clinic services, |
---|
| 2369 | + | 69.6federally qualified health center services, nonprofit community health clinic services, and |
---|
| 2370 | + | 69.7public health clinic services. Rural health clinic services and federally qualified health center |
---|
| 2371 | + | 69.8services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and |
---|
| 2372 | + | 69.9(C). Payment for rural health clinic and federally qualified health center services shall be |
---|
| 2373 | + | 69.10made according to applicable federal law and regulation. |
---|
| 2374 | + | 69.11 (b) A federally qualified health center (FQHC) that is beginning initial operation shall |
---|
| 2375 | + | 69.12submit an estimate of budgeted costs and visits for the initial reporting period in the form |
---|
| 2376 | + | 69.13and detail required by the commissioner. An FQHC that is already in operation shall submit |
---|
| 2377 | + | 69.14an initial report using actual costs and visits for the initial reporting period. Within 90 days |
---|
| 2378 | + | 69.15of the end of its reporting period, an FQHC shall submit, in the form and detail required by |
---|
| 2379 | + | 69.16the commissioner, a report of its operations, including allowable costs actually incurred for |
---|
| 2380 | + | 69.17the period and the actual number of visits for services furnished during the period, and other |
---|
| 2381 | + | 69.18information required by the commissioner. FQHCs that file Medicare cost reports shall |
---|
| 2382 | + | 69.19provide the commissioner with a copy of the most recent Medicare cost report filed with |
---|
| 2383 | + | 69.20the Medicare program intermediary for the reporting year which support the costs claimed |
---|
| 2384 | + | 69.21on their cost report to the state. |
---|
| 2385 | + | 69.22 (c) In order to continue cost-based payment under the medical assistance program |
---|
| 2386 | + | 69.23according to paragraphs (a) and (b), an FQHC or rural health clinic must apply for designation |
---|
| 2387 | + | 69.24as an essential community provider within six months of final adoption of rules by the |
---|
| 2388 | + | 69.25Department of Health according to section 62Q.19, subdivision 7. For those FQHCs and |
---|
| 2389 | + | 69.26rural health clinics that have applied for essential community provider status within the |
---|
| 2390 | + | 69.27six-month time prescribed, medical assistance payments will continue to be made according |
---|
| 2391 | + | 69.28to paragraphs (a) and (b) for the first three years after application. For FQHCs and rural |
---|
| 2392 | + | 69.29health clinics that either do not apply within the time specified above or who have had |
---|
| 2393 | + | 69.30essential community provider status for three years, medical assistance payments for health |
---|
| 2394 | + | 69.31services provided by these entities shall be according to the same rates and conditions |
---|
| 2395 | + | 69.32applicable to the same service provided by health care providers that are not FQHCs or rural |
---|
| 2396 | + | 69.33health clinics. |
---|
| 2397 | + | 69Article 2 Sec. 7. |
---|
| 2398 | + | REVISOR DTT/HL 25-0033803/03/25 70.1 (d) Effective July 1, 1999, the provisions of paragraph (c) requiring an FQHC or a rural |
---|
| 2399 | + | 70.2health clinic to make application for an essential community provider designation in order |
---|
| 2400 | + | 70.3to have cost-based payments made according to paragraphs (a) and (b) no longer apply. |
---|
| 2401 | + | 70.4 (e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall |
---|
| 2402 | + | 70.5be limited to the cost phase-out schedule of the Balanced Budget Act of 1997. |
---|
| 2403 | + | 70.6 (f) Effective January 1, 2001, through December 31, 2020, each FQHC and rural health |
---|
| 2404 | + | 70.7clinic may elect to be paid either under the prospective payment system established in United |
---|
| 2405 | + | 70.8States Code, title 42, section 1396a(aa), or under an alternative payment methodology |
---|
| 2406 | + | 70.9consistent with the requirements of United States Code, title 42, section 1396a(aa), and |
---|
| 2407 | + | 70.10approved by the Centers for Medicare and Medicaid Services. The alternative payment |
---|
| 2408 | + | 70.11methodology shall be 100 percent of cost as determined according to Medicare cost |
---|
| 2409 | + | 70.12principles. |
---|
| 2410 | + | 70.13 (g) Effective for services provided on or after January 1, 2021, all claims for payment |
---|
| 2411 | + | 70.14of clinic services provided by FQHCs and rural health clinics shall be paid by the |
---|
| 2412 | + | 70.15commissioner, according to an annual election by the FQHC or rural health clinic, under |
---|
| 2413 | + | 70.16the current prospective payment system described in paragraph (f) or the alternative payment |
---|
| 2414 | + | 70.17methodology described in paragraph (l), or, upon federal approval, for FQHCs that are also |
---|
| 2415 | + | 70.18urban Indian organizations under Title V of the federal Indian Health Improvement Act, as |
---|
| 2416 | + | 70.19provided under paragraph (k). |
---|
| 2417 | + | 70.20 (h) For purposes of this section, "nonprofit community clinic" is a clinic that: |
---|
| 2418 | + | 70.21 (1) has nonprofit status as specified in chapter 317A; |
---|
| 2419 | + | 70.22 (2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3); |
---|
| 2420 | + | 70.23 (3) is established to provide health services to low-income population groups, uninsured, |
---|
| 2421 | + | 70.24high-risk and special needs populations, underserved and other special needs populations; |
---|
| 2422 | + | 70.25 (4) employs professional staff at least one-half of which are familiar with the cultural |
---|
| 2423 | + | 70.26background of their clients; |
---|
| 2424 | + | 70.27 (5) charges for services on a sliding fee scale designed to provide assistance to |
---|
| 2425 | + | 70.28low-income clients based on current poverty income guidelines and family size; and |
---|
| 2426 | + | 70.29 (6) does not restrict access or services because of a client's financial limitations or public |
---|
| 2427 | + | 70.30assistance status and provides no-cost care as needed. |
---|
| 2428 | + | 70.31 (i) Effective for services provided on or after January 1, 2015, all claims for payment |
---|
| 2429 | + | 70.32of clinic services provided by FQHCs and rural health clinics shall be paid by the |
---|
| 2430 | + | 70Article 2 Sec. 7. |
---|
| 2431 | + | REVISOR DTT/HL 25-0033803/03/25 71.1commissioner. the commissioner shall determine the most feasible method for paying claims |
---|
| 2432 | + | 71.2from the following options: |
---|
| 2433 | + | 71.3 (1) FQHCs and rural health clinics submit claims directly to the commissioner for |
---|
| 2434 | + | 71.4payment, and the commissioner provides claims information for recipients enrolled in a |
---|
| 2435 | + | 71.5managed care or county-based purchasing plan to the plan, on a regular basis; or |
---|
| 2436 | + | 71.6 (2) FQHCs and rural health clinics submit claims for recipients enrolled in a managed |
---|
| 2437 | + | 71.7care or county-based purchasing plan to the plan, and those claims are submitted by the |
---|
| 2438 | + | 71.8plan to the commissioner for payment to the clinic. |
---|
| 2439 | + | 71.9 (j) For clinic services provided prior to January 1, 2015, the commissioner shall calculate |
---|
| 2440 | + | 71.10and pay monthly the proposed managed care supplemental payments to clinics, and clinics |
---|
| 2441 | + | 71.11shall conduct a timely review of the payment calculation data in order to finalize all |
---|
| 2442 | + | 71.12supplemental payments in accordance with federal law. Any issues arising from a clinic's |
---|
| 2443 | + | 71.13review must be reported to the commissioner by January 1, 2017. Upon final agreement |
---|
| 2444 | + | 71.14between the commissioner and a clinic on issues identified under this subdivision, and in |
---|
| 2445 | + | 71.15accordance with United States Code, title 42, section 1396a(bb), no supplemental payments |
---|
| 2446 | + | 71.16for managed care plan or county-based purchasing plan claims for services provided prior |
---|
| 2447 | + | 71.17to January 1, 2015, shall be made after June 30, 2017. If the commissioner and clinics are |
---|
| 2448 | + | 71.18unable to resolve issues under this subdivision, the parties shall submit the dispute to the |
---|
| 2449 | + | 71.19arbitration process under section 14.57. |
---|
| 2450 | + | 71.20 (k) The commissioner shall establish an encounter payment rate that is equivalent to the |
---|
| 2451 | + | 71.21all inclusive rate (AIR) payment established by the Indian Health Service and published in |
---|
| 2452 | + | 71.22the Federal Register. The encounter rate must be updated annually and must reflect the |
---|
| 2453 | + | 71.23changes in the AIR established by the Indian Health Service each calendar year. FQHCs |
---|
| 2454 | + | 71.24that are also urban Indian organizations under Title V of the federal Indian Health |
---|
| 2455 | + | 71.25Improvement Act may elect to be paid: (1) at the encounter rate established under this |
---|
| 2456 | + | 71.26paragraph; (2) under the alternative payment methodology described in paragraph (l); or |
---|
| 2457 | + | 71.27(3) under the federally required prospective payment system described in paragraph (f). |
---|
| 2458 | + | 71.28FQHCs that elect to be paid at the encounter rate established under this paragraph must |
---|
| 2459 | + | 71.29continue to meet all state and federal requirements related to FQHCs and urban Indian |
---|
| 2460 | + | 71.30organizations, and must maintain their statuses as FQHCs and urban Indian organizations. |
---|
| 2461 | + | 71.31 (l) All claims for payment of clinic services provided by FQHCs and rural health clinics, |
---|
| 2462 | + | 71.32that have elected to be paid under this paragraph, shall be paid by the commissioner according |
---|
| 2463 | + | 71.33to the following requirements: |
---|
| 2464 | + | 71Article 2 Sec. 7. |
---|
| 2465 | + | REVISOR DTT/HL 25-0033803/03/25 72.1 (1) the commissioner shall establish a single medical and single dental organization |
---|
| 2466 | + | 72.2encounter rate for each FQHC and rural health clinic when applicable; |
---|
| 2467 | + | 72.3 (2) each FQHC and rural health clinic is eligible for same day reimbursement of one |
---|
| 2468 | + | 72.4medical and one dental organization encounter rate if eligible medical and dental visits are |
---|
| 2469 | + | 72.5provided on the same day; |
---|
| 2470 | + | 72.6 (3) the commissioner shall reimburse FQHCs and rural health clinics, in accordance |
---|
| 2471 | + | 72.7with current applicable Medicare cost principles, their allowable costs, including direct |
---|
| 2472 | + | 72.8patient care costs and patient-related support services. Nonallowable costs include, but are |
---|
| 2473 | + | 72.9not limited to: |
---|
| 2474 | + | 72.10 (i) general social services and administrative costs; |
---|
| 2475 | + | 72.11 (ii) retail pharmacy; |
---|
| 2476 | + | 72.12 (iii) patient incentives, food, housing assistance, and utility assistance; |
---|
| 2477 | + | 72.13 (iv) external lab and x-ray; |
---|
| 2478 | + | 72.14 (v) navigation services; |
---|
| 2479 | + | 72.15 (vi) health care taxes; |
---|
| 2480 | + | 72.16 (vii) advertising, public relations, and marketing; |
---|
| 2481 | + | 72.17 (viii) office entertainment costs, food, alcohol, and gifts; |
---|
| 2482 | + | 72.18 (ix) contributions and donations; |
---|
| 2483 | + | 72.19 (x) bad debts or losses on awards or contracts; |
---|
| 2484 | + | 72.20 (xi) fines, penalties, damages, or other settlements; |
---|
| 2485 | + | 72.21 (xii) fundraising, investment management, and associated administrative costs; |
---|
| 2486 | + | 72.22 (xiii) research and associated administrative costs; |
---|
| 2487 | + | 72.23 (xiv) nonpaid workers; |
---|
| 2488 | + | 72.24 (xv) lobbying; |
---|
| 2489 | + | 72.25 (xvi) scholarships and student aid; and |
---|
| 2490 | + | 72.26 (xvii) nonmedical assistance covered services; |
---|
| 2491 | + | 72.27 (4) the commissioner shall review the list of nonallowable costs in the years between |
---|
| 2492 | + | 72.28the rebasing process established in clause (5), in consultation with the Minnesota Association |
---|
| 2493 | + | 72Article 2 Sec. 7. |
---|
| 2494 | + | REVISOR DTT/HL 25-0033803/03/25 73.1of Community Health Centers, FQHCs, and rural health clinics. The commissioner shall |
---|
| 2495 | + | 73.2publish the list and any updates in the Minnesota health care programs provider manual; |
---|
| 2496 | + | 73.3 (5) the initial applicable base year organization encounter rates for FQHCs and rural |
---|
| 2497 | + | 73.4health clinics shall be computed for services delivered on or after January 1, 2021, and: |
---|
| 2498 | + | 73.5 (i) must be determined using each FQHC's and rural health clinic's Medicare cost reports |
---|
| 2499 | + | 73.6from 2017 and 2018; |
---|
| 2500 | + | 73.7 (ii) must be according to current applicable Medicare cost principles as applicable to |
---|
| 2501 | + | 73.8FQHCs and rural health clinics without the application of productivity screens and upper |
---|
| 2502 | + | 73.9payment limits or the Medicare prospective payment system FQHC aggregate mean upper |
---|
| 2503 | + | 73.10payment limit; |
---|
| 2504 | + | 73.11 (iii) must be subsequently rebased every two years thereafter using the Medicare cost |
---|
| 2505 | + | 73.12reports that are three and four years prior to the rebasing year. Years in which organizational |
---|
| 2506 | + | 73.13cost or claims volume is reduced or altered due to a pandemic, disease, or other public health |
---|
| 2507 | + | 73.14emergency shall not be used as part of a base year when the base year includes more than |
---|
| 2508 | + | 73.15one year. The commissioner may use the Medicare cost reports of a year unaffected by a |
---|
| 2509 | + | 73.16pandemic, disease, or other public health emergency, or previous two consecutive years, |
---|
| 2510 | + | 73.17inflated to the base year as established under item (iv); |
---|
| 2511 | + | 73.18 (iv) must be inflated to the base year using the inflation factor described in clause (6); |
---|
| 2512 | + | 73.19and |
---|
| 2513 | + | 73.20 (v) the commissioner must provide for a 60-day appeals process under section 14.57; |
---|
| 2514 | + | 73.21 (6) the commissioner shall annually inflate the applicable organization encounter rates |
---|
| 2515 | + | 73.22for FQHCs and rural health clinics from the base year payment rate to the effective date by |
---|
| 2516 | + | 73.23using the CMS FQHC Market Basket inflator established under United States Code, title |
---|
| 2517 | + | 73.2442, section 1395m(o), less productivity; |
---|
| 2518 | + | 73.25 (7) FQHCs and rural health clinics that have elected the alternative payment methodology |
---|
| 2519 | + | 73.26under this paragraph shall submit all necessary documentation required by the commissioner |
---|
| 2520 | + | 73.27to compute the rebased organization encounter rates no later than six months following the |
---|
| 2521 | + | 73.28date the applicable Medicare cost reports are due to the Centers for Medicare and Medicaid |
---|
| 2522 | + | 73.29Services; |
---|
| 2523 | + | 73.30 (8) the commissioner shall reimburse FQHCs and rural health clinics an additional |
---|
| 2524 | + | 73.31amount relative to their medical and dental organization encounter rates that is attributable |
---|
| 2525 | + | 73.32to the tax required to be paid according to section 295.52, if applicable; |
---|
| 2526 | + | 73Article 2 Sec. 7. |
---|
| 2527 | + | REVISOR DTT/HL 25-0033803/03/25 74.1 (9) FQHCs and rural health clinics may submit change of scope requests to the |
---|
| 2528 | + | 74.2commissioner if the change of scope would result in an increase or decrease of 2.5 percent |
---|
| 2529 | + | 74.3or higher in the medical or dental organization encounter rate currently received by the |
---|
| 2530 | + | 74.4FQHC or rural health clinic; |
---|
| 2531 | + | 74.5 (10) for FQHCs and rural health clinics seeking a change in scope with the commissioner |
---|
| 2532 | + | 74.6under clause (9) that requires the approval of the scope change by the federal Health |
---|
| 2533 | + | 74.7Resources Services Administration: |
---|
| 2534 | + | 74.8 (i) FQHCs and rural health clinics shall submit the change of scope request, including |
---|
| 2535 | + | 74.9the start date of services, to the commissioner within seven business days of submission of |
---|
| 2536 | + | 74.10the scope change to the federal Health Resources Services Administration; |
---|
| 2537 | + | 74.11 (ii) the commissioner shall establish the effective date of the payment change as the |
---|
| 2538 | + | 74.12federal Health Resources Services Administration date of approval of the FQHC's or rural |
---|
| 2539 | + | 74.13health clinic's scope change request, or the effective start date of services, whichever is |
---|
| 2540 | + | 74.14later; and |
---|
| 2541 | + | 74.15 (iii) within 45 days of one year after the effective date established in item (ii), the |
---|
| 2542 | + | 74.16commissioner shall conduct a retroactive review to determine if the actual costs established |
---|
| 2543 | + | 74.17under clause (3) or encounters result in an increase or decrease of 2.5 percent or higher in |
---|
| 2544 | + | 74.18the medical or dental organization encounter rate, and if this is the case, the commissioner |
---|
| 2545 | + | 74.19shall revise the rate accordingly and shall adjust payments retrospectively to the effective |
---|
| 2546 | + | 74.20date established in item (ii); |
---|
| 2547 | + | 74.21 (11) for change of scope requests that do not require federal Health Resources Services |
---|
| 2548 | + | 74.22Administration approval, the FQHC and rural health clinic shall submit the request to the |
---|
| 2549 | + | 74.23commissioner before implementing the change, and the effective date of the change is the |
---|
| 2550 | + | 74.24date the commissioner received the FQHC's or rural health clinic's request, or the effective |
---|
| 2551 | + | 74.25start date of the service, whichever is later. The commissioner shall provide a response to |
---|
| 2552 | + | 74.26the FQHC's or rural health clinic's request within 45 days of submission and provide a final |
---|
| 2553 | + | 74.27approval within 120 days of submission. This timeline may be waived at the mutual |
---|
| 2554 | + | 74.28agreement of the commissioner and the FQHC or rural health clinic if more information is |
---|
| 2555 | + | 74.29needed to evaluate the request; |
---|
| 2556 | + | 74.30 (12) the commissioner, when establishing organization encounter rates for new FQHCs |
---|
| 2557 | + | 74.31and rural health clinics, shall consider the patient caseload of existing FQHCs and rural |
---|
| 2558 | + | 74.32health clinics in a 60-mile radius for organizations established outside of the seven-county |
---|
| 2559 | + | 74.33metropolitan area, and in a 30-mile radius for organizations in the seven-county metropolitan |
---|
| 2560 | + | 74Article 2 Sec. 7. |
---|
| 2561 | + | REVISOR DTT/HL 25-0033803/03/25 75.1area. If this information is not available, the commissioner may use Medicare cost reports |
---|
| 2562 | + | 75.2or audited financial statements to establish base rates; |
---|
| 2563 | + | 75.3 (13) the commissioner, when establishing organization encounter rates under this section |
---|
| 2564 | + | 75.4for FQHCs and rural health clinics resulting from a merger of existing clinics or the |
---|
| 2565 | + | 75.5acquisition of an existing clinic by another existing clinic, must use the combined costs and |
---|
| 2566 | + | 75.6caseloads from the clinics participating in the merger or acquisition to set the encounter rate |
---|
| 2567 | + | 75.7for the new clinic organization resulting from the merger or acquisition. The scope of services |
---|
| 2568 | + | 75.8for the newly formed clinic must be inclusive of the scope of services of the clinics |
---|
| 2569 | + | 75.9participating in the merger or acquisition; |
---|
| 2570 | + | 75.10 (13) (14) the commissioner shall establish a quality measures workgroup that includes |
---|
| 2571 | + | 75.11representatives from the Minnesota Association of Community Health Centers, FQHCs, |
---|
| 2572 | + | 75.12and rural health clinics, to evaluate clinical and nonclinical measures; and |
---|
| 2573 | + | 75.13 (14) (15) the commissioner shall not disallow or reduce costs that are related to an |
---|
| 2574 | + | 75.14FQHC's or rural health clinic's participation in health care educational programs to the extent |
---|
| 2575 | + | 75.15that the costs are not accounted for in the alternative payment methodology encounter rate |
---|
| 2576 | + | 75.16established in this paragraph. |
---|
| 2577 | + | 75.17 (m) Effective July 1, 2023, an enrolled Indian health service facility or a Tribal health |
---|
| 2578 | + | 75.18center operating under a 638 contract or compact may elect to also enroll as a Tribal FQHC. |
---|
| 2579 | + | 75.19Requirements that otherwise apply to an FQHC covered in this subdivision do not apply to |
---|
| 2580 | + | 75.20a Tribal FQHC enrolled under this paragraph, except that any requirements necessary to |
---|
| 2581 | + | 75.21comply with federal regulations do apply to a Tribal FQHC. The commissioner shall establish |
---|
| 2582 | + | 75.22an alternative payment method for a Tribal FQHC enrolled under this paragraph that uses |
---|
| 2583 | + | 75.23the same method and rates applicable to a Tribal facility or health center that does not enroll |
---|
| 2584 | + | 75.24as a Tribal FQHC. |
---|
| 2585 | + | 75.25 (n) FQHC reimbursement for mental health targeted case management services is limited |
---|
| 2586 | + | 75.26to: |
---|
| 2587 | + | 75.27 (1) only those services described under subdivision 20 and provided in accordance with |
---|
| 2588 | + | 75.28contracts executed with counties authorized to subcontract for mental health targeted case |
---|
| 2589 | + | 75.29management services; and |
---|
| 2590 | + | 75.30 (2) an FQHC's actual incurred costs as separately reported on the cost report submitted |
---|
| 2591 | + | 75.31to the Centers for Medicare and Medicaid Services and further identified in reports submitted |
---|
| 2592 | + | 75.32to the commissioner. |
---|
| 2593 | + | 75Article 2 Sec. 7. |
---|
| 2594 | + | REVISOR DTT/HL 25-0033803/03/25 76.1 (o) Counties contracting with FQHCs for mental health targeted case management remain |
---|
| 2595 | + | 76.2responsible for the nonfederal share of the cost of the provided mental health targeted case |
---|
| 2596 | + | 76.3management services. The commissioner must bill each county for the nonfederal share of |
---|
| 2597 | + | 76.4the mental health targeted case management costs as reported by the FQHC. |
---|
| 2598 | + | 76.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 2599 | + | 76.6 Sec. 8. Minnesota Statutes 2024, section 256L.03, subdivision 3b, is amended to read: |
---|
| 2600 | + | 76.7 Subd. 3b.Chiropractic services.MinnesotaCare covers the following chiropractic |
---|
| 2601 | + | 76.8services for individuals under the age of 21: medically necessary exams, manual manipulation |
---|
| 2602 | + | 76.9of the spine, and x-rays. |
---|
| 2603 | + | 76.10 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, |
---|
| 2604 | + | 76.11whichever is later. The commissioner shall notify the revisor of statutes when federal |
---|
| 2605 | + | 76.12approval is obtained. |
---|
| 2606 | + | 76.13 ARTICLE 3 |
---|
| 2607 | + | 76.14 PHARMACY |
---|
| 2608 | + | 76.15Section 1. Minnesota Statutes 2024, section 256B.0625, subdivision 13c, is amended to |
---|
| 2609 | + | 76.16read: |
---|
| 2610 | + | 76.17 Subd. 13c.Formulary Committee.(a) The commissioner, after receiving |
---|
| 2611 | + | 76.18recommendations from professional medical associations and professional pharmacy |
---|
| 2612 | + | 76.19associations, and consumer groups shall designate a Formulary Committee to carry out |
---|
| 2613 | + | 76.20duties as described in subdivisions 13 to 13g. The Formulary Committee shall be comprised |
---|
| 2614 | + | 76.21of at least five licensed physicians actively engaged in the practice of medicine in Minnesota, |
---|
| 2615 | + | 76.22one of whom is an actively practicing psychiatrist, one of whom specializes in the diagnosis |
---|
| 2616 | + | 76.23and treatment of rare diseases, one of whom specializes in pediatrics, and one of whom |
---|
| 2617 | + | 76.24actively treats persons with disabilities; at least three licensed pharmacists actively engaged |
---|
| 2618 | + | 76.25in the practice of pharmacy in Minnesota, one of whom practices outside the metropolitan |
---|
| 2619 | + | 76.26counties listed in section 473.121, subdivision 4, one of whom practices in the metropolitan |
---|
| 2620 | + | 76.27counties listed in section 473.121, subdivision 4, and one of whom is a practicing hospital |
---|
| 2621 | + | 76.28pharmacist; at least two consumer representatives, all of whom must have a personal or |
---|
| 2622 | + | 76.29professional connection to medical assistance; and one representative designated by the |
---|
| 2623 | + | 76.30Minnesota Rare Disease Advisory Council established under section 256.4835; the remainder |
---|
| 2624 | + | 76.31to be made up of health care professionals who are licensed in their field and have recognized |
---|
| 2625 | + | 76.32knowledge in the clinically appropriate prescribing, dispensing, and monitoring of covered |
---|
| 2626 | + | 76.33outpatient drugs. Members of the Formulary Committee shall not be employed by the |
---|
| 2627 | + | 76Article 3 Section 1. |
---|
| 2628 | + | REVISOR DTT/HL 25-0033803/03/25 77.1Department of Human Services or have a personal interest in a pharmaceutical company, |
---|
| 2629 | + | 77.2pharmacy benefits manager, health plan company, or their affiliate organizations, but the |
---|
| 2630 | + | 77.3committee shall be staffed by an employee of the department who shall serve as an ex |
---|
| 2631 | + | 77.4officio, nonvoting member of the committee. For the purposes of this subdivision, "personal |
---|
| 2632 | + | 77.5interest" means that a person owns at least five percent of the voting interest or equity |
---|
| 2633 | + | 77.6interest in the entity, the equity interest owned by a person represents at least five percent |
---|
| 2634 | + | 77.7of that person's net worth, or more than five percent of a person's gross income for the |
---|
| 2635 | + | 77.8preceding year was derived from the entity. A committee member must notify the committee |
---|
| 2636 | + | 77.9of any potential conflict of interest and recuse themselves from any communications, |
---|
| 2637 | + | 77.10discussion, or vote on any matter where a conflict of interest exists. A conflict of interest |
---|
| 2638 | + | 77.11alone, without a personal interest, does not preclude an applicant from serving as a member |
---|
| 2639 | + | 77.12of the Formulary Committee. Members may be removed from the committee for cause after |
---|
| 2640 | + | 77.13a recommendation for removal by a majority of the committee membership. For the purposes |
---|
| 2641 | + | 77.14of this subdivision, "cause" does not include offering a differing or dissenting clinical opinion |
---|
| 2642 | + | 77.15on a drug or drug class. The department's medical director shall also serve as an ex officio, |
---|
| 2643 | + | 77.16nonvoting member for the committee. Committee members shall serve three-year terms |
---|
| 2644 | + | 77.17and may be reappointed twice by the commissioner. The committee members shall vote on |
---|
| 2645 | + | 77.18a chair and vice chair from among their membership. The chair shall preside over all |
---|
| 2646 | + | 77.19committee meetings, and the vice chair shall preside over the meetings if the chair is not |
---|
| 2647 | + | 77.20present. The Formulary Committee shall meet at least three times per year. The commissioner |
---|
| 2648 | + | 77.21may require more frequent Formulary Committee meetings as needed. An honorarium of |
---|
| 2649 | + | 77.22$100 per meeting and reimbursement for mileage shall be paid to each committee member |
---|
| 2650 | + | 77.23in attendance. The Formulary Committee expires June 30, 2027. The Formulary Committee |
---|
| 2651 | + | 77.24is subject to the Open Meeting Law under chapter 13D. For purposes of establishing a |
---|
| 2652 | + | 77.25quorum to transact business, vacant committee member positions do not count in the |
---|
| 2653 | + | 77.26calculation as long as at least 60 percent of the committee member positions are filled. |
---|
| 2654 | + | 77.27 (b) Notwithstanding section 15.059, the Formulary Committee does not expire. |
---|
| 2655 | + | 77.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 2656 | + | 77.29Sec. 2. Minnesota Statutes 2024, section 256B.69, subdivision 6d, is amended to read: |
---|
| 2657 | + | 77.30 Subd. 6d.Prescription drugs.The commissioner may must exclude or modify coverage |
---|
| 2658 | + | 77.31for outpatient prescription drugs from the prepaid managed care contracts entered into under |
---|
| 2659 | + | 77.32this section. The commissioner may include, exclude, or modify coverage for prescription |
---|
| 2660 | + | 77.33drugs, other than those dispensed from outpatient pharmacies, from the prepaid managed |
---|
| 2661 | + | 77.34care contracts under this section in order to increase savings to the state by collecting |
---|
| 2662 | + | 77Article 3 Sec. 2. |
---|
| 2663 | + | REVISOR DTT/HL 25-0033803/03/25 78.1additional prescription drug rebates. The contracts must maintain incentives for the managed |
---|
| 2664 | + | 78.2care plan to manage drug costs and utilization and may require that the managed care plans |
---|
| 2665 | + | 78.3maintain an open drug formulary. In order to manage drug costs and utilization, the contracts |
---|
| 2666 | + | 78.4may authorize the managed care plans to use preferred drug lists and prior authorization. |
---|
| 2667 | + | 78.5This subdivision is contingent on federal approval of the managed care contract changes |
---|
| 2668 | + | 78.6and the collection of additional prescription drug rebates. |
---|
| 2669 | + | 78.7 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, |
---|
| 2670 | + | 78.8whichever is later. The commissioner shall notify the revisor of statutes when federal |
---|
| 2671 | + | 78.9approval is obtained. |
---|
| 2672 | + | 78.10 ARTICLE 4 |
---|
| 2673 | + | 78.11 BACKGROUND STUDIES |
---|
| 2674 | + | 78.12Section 1. Minnesota Statutes 2024, section 245C.13, subdivision 2, is amended to read: |
---|
| 2675 | + | 78.13 Subd. 2.Activities pending completion of background study.The subject of a |
---|
| 2676 | + | 78.14background study may not perform any activity requiring a background study under |
---|
| 2677 | + | 78.15paragraph (c) until the commissioner has issued one of the notices under paragraph (a). |
---|
| 2678 | + | 78.16 (a) Notices from the commissioner required prior to activity under paragraph (c) include: |
---|
| 2679 | + | 78.17 (1) a notice of the study results under section 245C.17 stating that: |
---|
| 2680 | + | 78.18 (i) the individual is not disqualified; or |
---|
| 2681 | + | 78.19 (ii) more time is needed to complete the study but the individual is not required to be |
---|
| 2682 | + | 78.20removed from direct contact or access to people receiving services prior to completion of |
---|
| 2683 | + | 78.21the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice |
---|
| 2684 | + | 78.22that more time is needed to complete the study must also indicate whether the individual is |
---|
| 2685 | + | 78.23required to be under continuous direct supervision prior to completion of the background |
---|
| 2686 | + | 78.24study. When more time is necessary to complete a background study of an individual |
---|
| 2687 | + | 78.25affiliated with a Title IV-E eligible children's residential facility or foster residence setting, |
---|
| 2688 | + | 78.26the individual may not work in the facility or setting regardless of whether or not the |
---|
| 2689 | + | 78.27individual is supervised; |
---|
| 2690 | + | 78.28 (2) a notice that a disqualification has been set aside under section 245C.23; or |
---|
| 2691 | + | 78.29 (3) a notice that a variance has been granted related to the individual under section |
---|
| 2692 | + | 78.30245C.30. |
---|
| 2693 | + | 78.31 (b) For a background study affiliated with a licensed child care center or certified |
---|
| 2694 | + | 78.32license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii), |
---|
| 2695 | + | 78Article 4 Section 1. |
---|
| 2696 | + | REVISOR DTT/HL 25-0033803/03/25 79.1must not be issued until the commissioner receives a qualifying result for the individual for |
---|
| 2697 | + | 79.2the fingerprint-based national criminal history record check or the fingerprint-based criminal |
---|
| 2698 | + | 79.3history information from the Bureau of Criminal Apprehension. The notice must require |
---|
| 2699 | + | 79.4the individual to be under continuous direct supervision prior to completion of the remainder |
---|
| 2700 | + | 79.5of the background study except as permitted in subdivision 3. |
---|
| 2701 | + | 79.6 (c) Activities prohibited prior to receipt of notice under paragraph (a) include: |
---|
| 2702 | + | 79.7 (1) being issued a license; |
---|
| 2703 | + | 79.8 (2) living in the household where the licensed program will be provided; |
---|
| 2704 | + | 79.9 (3) providing direct contact services to persons served by a program unless the subject |
---|
| 2705 | + | 79.10is under continuous direct supervision; |
---|
| 2706 | + | 79.11 (4) having access to persons receiving services if the background study was completed |
---|
| 2707 | + | 79.12under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2), |
---|
| 2708 | + | 79.13(5), or (6), unless the subject is under continuous direct supervision; |
---|
| 2709 | + | 79.14 (5) for licensed child care centers and certified license-exempt child care centers, |
---|
| 2710 | + | 79.15providing direct contact services to persons served by the program; |
---|
| 2711 | + | 79.16 (6) for children's residential facilities or foster residence settings, working in the facility |
---|
| 2712 | + | 79.17or setting; or |
---|
| 2713 | + | 79.18 (7) for background studies affiliated with a personal care provider organization, except |
---|
| 2714 | + | 79.19as provided in section 245C.03, subdivision 3b, before a personal care assistant provides |
---|
| 2715 | + | 79.20services, the personal care assistance provider agency must initiate a background study of |
---|
| 2716 | + | 79.21the personal care assistant under this chapter and the personal care assistance provider |
---|
| 2717 | + | 79.22agency must have received a notice from the commissioner that the personal care assistant |
---|
| 2718 | + | 79.23is: |
---|
| 2719 | + | 79.24 (i) not disqualified under section 245C.14; or |
---|
| 2720 | + | 79.25 (ii) disqualified, but the personal care assistant has received a set aside of the |
---|
| 2721 | + | 79.26disqualification under section 245C.22.; or |
---|
| 2722 | + | 79.27 (8) for background studies affiliated with an early intensive developmental and behavioral |
---|
| 2723 | + | 79.28intervention provider, before an individual provides services, the early intensive |
---|
| 2724 | + | 79.29developmental and behavioral intervention provider must initiate a background study for |
---|
| 2725 | + | 79.30the individual under this chapter and the early intensive developmental and behavioral |
---|
| 2726 | + | 79.31intervention provider must have received a notice from the commissioner that the individual |
---|
| 2727 | + | 79.32is: |
---|
| 2728 | + | 79Article 4 Section 1. |
---|
| 2729 | + | REVISOR DTT/HL 25-0033803/03/25 80.1 (i) not disqualified under section 245C.14; or |
---|
| 2730 | + | 80.2 (ii) disqualified, but the individual has received a set aside of the disqualification under |
---|
| 2731 | + | 80.3section 245C.22. |
---|
| 2732 | + | 80.4 EFFECTIVE DATE.This section is effective January 15, 2026. |
---|
| 2733 | + | 80.5 Sec. 2. Minnesota Statutes 2024, section 245C.14, is amended by adding a subdivision to |
---|
| 2734 | + | 80.6read: |
---|
| 2735 | + | 80.7 Subd. 4c.Two-year disqualification.An individual is disqualified under section |
---|
| 2736 | + | 80.8245C.14, subdivision 6, if less than two years has passed since a determination that the |
---|
| 2737 | + | 80.9individual violated section 142A.12, 245.095, or 256B.064. |
---|
| 2738 | + | 80.10 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 2739 | + | 80.11Sec. 3. Minnesota Statutes 2024, section 245C.14, is amended by adding a subdivision to |
---|
| 2740 | + | 80.12read: |
---|
| 2741 | + | 80.13 Subd. 6.Disqualification from owning, operating, or billing.The commissioner shall |
---|
| 2742 | + | 80.14disqualify an individual who is the subject of a background study from any position involving |
---|
| 2743 | + | 80.15ownership, management, or control of a program or billing activities if a background study |
---|
| 2744 | + | 80.16completed under this chapter shows a violation of section 142A.12, 245.095, or 256B.064. |
---|
| 2745 | + | 80.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 2746 | + | 80.18Sec. 4. Minnesota Statutes 2024, section 245C.15, subdivision 1, is amended to read: |
---|
| 2747 | + | 80.19 Subdivision 1.Permanent disqualification.(a) An individual is disqualified under |
---|
| 2748 | + | 80.20section 245C.14 if: (1) regardless of how much time has passed since the discharge of the |
---|
| 2749 | + | 80.21sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of |
---|
| 2750 | + | 80.22the level of the offense, the individual has committed any of the following offenses: sections |
---|
| 2751 | + | 80.23243.166 (violation of predatory offender registration law); 609.185 (murder in the first |
---|
| 2752 | + | 80.24degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 |
---|
| 2753 | + | 80.25(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony |
---|
| 2754 | + | 80.26offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense |
---|
| 2755 | + | 80.27under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or |
---|
| 2756 | + | 80.28neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228 |
---|
| 2757 | + | 80.29(great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); 609.247, |
---|
| 2758 | + | 80.30subdivision 2 or 3 (carjacking in the first or second degree); 609.25 (kidnapping); 609.2661 |
---|
| 2759 | + | 80.31(murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the |
---|
| 2760 | + | 80Article 4 Sec. 4. |
---|
| 2761 | + | REVISOR DTT/HL 25-0033803/03/25 81.1second degree); 609.2663 (murder of an unborn child in the third degree); 609.322 |
---|
| 2762 | + | 81.2(solicitation, inducement, and promotion of prostitution); 609.324, subdivision 1 (other |
---|
| 2763 | + | 81.3prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal |
---|
| 2764 | + | 81.4sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); |
---|
| 2765 | + | 81.5609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct |
---|
| 2766 | + | 81.6in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.3458 (sexual |
---|
| 2767 | + | 81.7extortion); 609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest); |
---|
| 2768 | + | 81.8a felony offense under 609.377 (malicious punishment of a child); 609.3775 (child torture); |
---|
| 2769 | + | 81.9a felony offense under 609.378 (neglect or endangerment of a child); 609.561 (arson in the |
---|
| 2770 | + | 81.10first degree); 609.66, subdivision 1e (drive-by shooting); 609.749, subdivision 3, 4, or 5 |
---|
| 2771 | + | 81.11(felony-level harassment or stalking); 609.855, subdivision 5 (shooting at or in a public |
---|
| 2772 | + | 81.12transit vehicle or facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause (1) |
---|
| 2773 | + | 81.13(indecent exposure involving a minor); 617.246 (use of minors in sexual performance |
---|
| 2774 | + | 81.14prohibited); 617.247 (possession of pictorial representations of minors); or, for a child care |
---|
| 2775 | + | 81.15background study subject, conviction of a crime that would make the individual ineligible |
---|
| 2776 | + | 81.16for employment under United States Code, title 42, section 9858f, except for a felony drug |
---|
| 2777 | + | 81.17conviction, regardless of whether a period of disqualification under subdivisions 2 to 4, |
---|
| 2778 | + | 81.18would apply if the individual were not a child care background study subject. |
---|
| 2779 | + | 81.19 (b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the |
---|
| 2780 | + | 81.20offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes, |
---|
| 2781 | + | 81.21permanently disqualifies the individual under section 245C.14. |
---|
| 2782 | + | 81.22 (c) An individual's offense in any other state or country, where the elements of the offense |
---|
| 2783 | + | 81.23are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies |
---|
| 2784 | + | 81.24the individual under section 245C.14. |
---|
| 2785 | + | 81.25 (d) When a disqualification is based on a judicial determination other than a conviction, |
---|
| 2786 | + | 81.26the disqualification period begins from the date of the court order. When a disqualification |
---|
| 2787 | + | 81.27is based on an admission, the disqualification period begins from the date of an admission |
---|
| 2788 | + | 81.28in court. When a disqualification is based on an Alford Plea, the disqualification period |
---|
| 2789 | + | 81.29begins from the date the Alford Plea is entered in court. When a disqualification is based |
---|
| 2790 | + | 81.30on a preponderance of evidence of a disqualifying act, the disqualification date begins from |
---|
| 2791 | + | 81.31the date of the dismissal, the date of discharge of the sentence imposed for a conviction for |
---|
| 2792 | + | 81.32a disqualifying crime of similar elements, or the date of the incident, whichever occurs last. |
---|
| 2793 | + | 81.33 (e) If the individual studied commits one of the offenses listed in paragraph (a) that is |
---|
| 2794 | + | 81.34specified as a felony-level only offense, but the sentence or level of offense is a gross |
---|
| 2795 | + | 81.35misdemeanor or misdemeanor, the individual is disqualified, but the disqualification |
---|
| 2796 | + | 81Article 4 Sec. 4. |
---|
| 2797 | + | REVISOR DTT/HL 25-0033803/03/25 82.1look-back period for the offense is the period applicable to gross misdemeanor or |
---|
| 2798 | + | 82.2misdemeanor offenses. |
---|
| 2799 | + | 82.3 (f) A child care background study subject shall be disqualified if the individual is |
---|
| 2800 | + | 82.4registered, or required to be registered, on a state sex offender registry or repository or the |
---|
| 2801 | + | 82.5National Sex Offender Registry. |
---|
| 2802 | + | 82.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 2803 | + | 82.7 Sec. 5. Minnesota Statutes 2024, section 245C.15, subdivision 4a, is amended to read: |
---|
| 2804 | + | 82.8 Subd. 4a.Licensed family foster setting disqualifications.(a) Notwithstanding |
---|
| 2805 | + | 82.9subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting, |
---|
| 2806 | + | 82.10regardless of how much time has passed, an individual is disqualified under section 245C.14 |
---|
| 2807 | + | 82.11if the individual committed an act that resulted in a felony-level conviction for sections: |
---|
| 2808 | + | 82.12609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder |
---|
| 2809 | + | 82.13in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in |
---|
| 2810 | + | 82.14the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first |
---|
| 2811 | + | 82.15degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse); |
---|
| 2812 | + | 82.16609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense |
---|
| 2813 | + | 82.17under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or |
---|
| 2814 | + | 82.18neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325 |
---|
| 2815 | + | 82.19(criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245 |
---|
| 2816 | + | 82.20(aggravated robbery); 609.247, subdivision 2 or 3 (carjacking in the first or second degree); |
---|
| 2817 | + | 82.21609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder of an unborn child |
---|
| 2818 | + | 82.22in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 |
---|
| 2819 | + | 82.23(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child |
---|
| 2820 | + | 82.24in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); |
---|
| 2821 | + | 82.25609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child |
---|
| 2822 | + | 82.26in the second degree); 609.268 (injury or death of an unborn child in the commission of a |
---|
| 2823 | + | 82.27crime); 609.322, subdivision 1 (solicitation, inducement, and promotion of prostitution; sex |
---|
| 2824 | + | 82.28trafficking in the first degree); 609.324, subdivision 1 (other prohibited acts; engaging in, |
---|
| 2825 | + | 82.29hiring, or agreeing to hire minor to engage in prostitution); 609.342 (criminal sexual conduct |
---|
| 2826 | + | 82.30in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal |
---|
| 2827 | + | 82.31sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); |
---|
| 2828 | + | 82.32609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory |
---|
| 2829 | + | 82.33conduct); 609.3458 (sexual extortion); 609.352 (solicitation of children to engage in sexual |
---|
| 2830 | + | 82.34conduct); 609.377 (malicious punishment of a child); 609.3775 (child torture); 609.378 |
---|
| 2831 | + | 82Article 4 Sec. 5. |
---|
| 2832 | + | REVISOR DTT/HL 25-0033803/03/25 83.1(neglect or endangerment of a child); 609.561 (arson in the first degree); 609.582, subdivision |
---|
| 2833 | + | 83.21 (burglary in the first degree); 609.746 (interference with privacy); 617.23 (indecent |
---|
| 2834 | + | 83.3exposure); 617.246 (use of minors in sexual performance prohibited); or 617.247 (possession |
---|
| 2835 | + | 83.4of pictorial representations of minors). |
---|
| 2836 | + | 83.5 (b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated |
---|
| 2837 | + | 83.6with a licensed family foster setting, an individual is disqualified under section 245C.14, |
---|
| 2838 | + | 83.7regardless of how much time has passed, if the individual: |
---|
| 2839 | + | 83.8 (1) committed an action under paragraph (e) that resulted in death or involved sexual |
---|
| 2840 | + | 83.9abuse, as defined in section 260E.03, subdivision 20; |
---|
| 2841 | + | 83.10 (2) committed an act that resulted in a gross misdemeanor-level conviction for section |
---|
| 2842 | + | 83.11609.3451 (criminal sexual conduct in the fifth degree); |
---|
| 2843 | + | 83.12 (3) committed an act against or involving a minor that resulted in a felony-level conviction |
---|
| 2844 | + | 83.13for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the |
---|
| 2845 | + | 83.14third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree); |
---|
| 2846 | + | 83.15or |
---|
| 2847 | + | 83.16 (4) committed an act that resulted in a misdemeanor or gross misdemeanor-level |
---|
| 2848 | + | 83.17conviction for section 617.293 (dissemination and display of harmful materials to minors). |
---|
| 2849 | + | 83.18 (c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed |
---|
| 2850 | + | 83.19family foster setting, an individual is disqualified under section 245C.14 if fewer than 20 |
---|
| 2851 | + | 83.20years have passed since the termination of the individual's parental rights under section |
---|
| 2852 | + | 83.21260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of |
---|
| 2853 | + | 83.22parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to |
---|
| 2854 | + | 83.23involuntarily terminate parental rights. An individual is disqualified under section 245C.14 |
---|
| 2855 | + | 83.24if fewer than 20 years have passed since the termination of the individual's parental rights |
---|
| 2856 | + | 83.25in any other state or country, where the conditions for the individual's termination of parental |
---|
| 2857 | + | 83.26rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph |
---|
| 2858 | + | 83.27(b). |
---|
| 2859 | + | 83.28 (d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed |
---|
| 2860 | + | 83.29family foster setting, an individual is disqualified under section 245C.14 if fewer than five |
---|
| 2861 | + | 83.30years have passed since a felony-level violation for sections: 152.021 (controlled substance |
---|
| 2862 | + | 83.31crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023 |
---|
| 2863 | + | 83.32(controlled substance crime in the third degree); 152.024 (controlled substance crime in the |
---|
| 2864 | + | 83.33fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing |
---|
| 2865 | + | 83.34controlled substances across state borders); 152.0262, subdivision 1, paragraph (b) |
---|
| 2866 | + | 83Article 4 Sec. 5. |
---|
| 2867 | + | REVISOR DTT/HL 25-0033803/03/25 84.1(possession of substance with intent to manufacture methamphetamine); 152.027, subdivision |
---|
| 2868 | + | 84.26, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies |
---|
| 2869 | + | 84.3prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia; |
---|
| 2870 | + | 84.4prohibited conduct; criminal penalties; civil liabilities); 152.137 (methamphetamine-related |
---|
| 2871 | + | 84.5crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while |
---|
| 2872 | + | 84.6impaired); 243.166 (violation of predatory offender registration requirements); 609.2113 |
---|
| 2873 | + | 84.7(criminal vehicular operation; bodily harm); 609.2114 (criminal vehicular operation; unborn |
---|
| 2874 | + | 84.8child); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal |
---|
| 2875 | + | 84.9abuse of a vulnerable adult not resulting in the death of a vulnerable adult); 609.233 (criminal |
---|
| 2876 | + | 84.10neglect); 609.235 (use of drugs to injure or facilitate a crime); 609.24 (simple robbery); |
---|
| 2877 | + | 84.11609.247, subdivision 4 (carjacking in the third degree); 609.322, subdivision 1a (solicitation, |
---|
| 2878 | + | 84.12inducement, and promotion of prostitution; sex trafficking in the second degree); 609.498, |
---|
| 2879 | + | 84.13subdivision 1 (tampering with a witness in the first degree); 609.498, subdivision 1b |
---|
| 2880 | + | 84.14(aggravated first-degree witness tampering); 609.562 (arson in the second degree); 609.563 |
---|
| 2881 | + | 84.15(arson in the third degree); 609.582, subdivision 2 (burglary in the second degree); 609.66 |
---|
| 2882 | + | 84.16(felony dangerous weapons); 609.687 (adulteration); 609.713 (terroristic threats); 609.749, |
---|
| 2883 | + | 84.17subdivision 3, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting |
---|
| 2884 | + | 84.18at or in a public transit vehicle or facility); or 624.713 (certain people not to possess firearms). |
---|
| 2885 | + | 84.19 (e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a |
---|
| 2886 | + | 84.20background study affiliated with a licensed family child foster care license, an individual |
---|
| 2887 | + | 84.21is disqualified under section 245C.14 if fewer than five years have passed since: |
---|
| 2888 | + | 84.22 (1) a felony-level violation for an act not against or involving a minor that constitutes: |
---|
| 2889 | + | 84.23section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third |
---|
| 2890 | + | 84.24degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the |
---|
| 2891 | + | 84.25fifth degree); |
---|
| 2892 | + | 84.26 (2) a violation of an order for protection under section 518B.01, subdivision 14; |
---|
| 2893 | + | 84.27 (3) a determination or disposition of the individual's failure to make required reports |
---|
| 2894 | + | 84.28under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition |
---|
| 2895 | + | 84.29under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment |
---|
| 2896 | + | 84.30was recurring or serious; |
---|
| 2897 | + | 84.31 (4) a determination or disposition of the individual's substantiated serious or recurring |
---|
| 2898 | + | 84.32maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or |
---|
| 2899 | + | 84.33serious or recurring maltreatment in any other state, the elements of which are substantially |
---|
| 2900 | + | 84Article 4 Sec. 5. |
---|
| 2901 | + | REVISOR DTT/HL 25-0033803/03/25 85.1similar to the elements of maltreatment under chapter 260E or section 626.557 and meet |
---|
| 2902 | + | 85.2the definition of serious maltreatment or recurring maltreatment; |
---|
| 2903 | + | 85.3 (5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in |
---|
| 2904 | + | 85.4the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect); |
---|
| 2905 | + | 85.5609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); |
---|
| 2906 | + | 85.6609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or |
---|
| 2907 | + | 85.7 (6) committing an act against or involving a minor that resulted in a misdemeanor-level |
---|
| 2908 | + | 85.8violation of section 609.224, subdivision 1 (assault in the fifth degree). |
---|
| 2909 | + | 85.9 (f) For purposes of this subdivision, the disqualification begins from: |
---|
| 2910 | + | 85.10 (1) the date of the alleged violation, if the individual was not convicted; |
---|
| 2911 | + | 85.11 (2) the date of conviction, if the individual was convicted of the violation but not |
---|
| 2912 | + | 85.12committed to the custody of the commissioner of corrections; or |
---|
| 2913 | + | 85.13 (3) the date of release from prison, if the individual was convicted of the violation and |
---|
| 2914 | + | 85.14committed to the custody of the commissioner of corrections. |
---|
| 2915 | + | 85.15Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation |
---|
| 2916 | + | 85.16of the individual's supervised release, the disqualification begins from the date of release |
---|
| 2917 | + | 85.17from the subsequent incarceration. |
---|
| 2918 | + | 85.18 (g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the |
---|
| 2919 | + | 85.19offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota |
---|
| 2920 | + | 85.20Statutes, permanently disqualifies the individual under section 245C.14. An individual is |
---|
| 2921 | + | 85.21disqualified under section 245C.14 if fewer than five years have passed since the individual's |
---|
| 2922 | + | 85.22aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs |
---|
| 2923 | + | 85.23(d) and (e). |
---|
| 2924 | + | 85.24 (h) An individual's offense in any other state or country, where the elements of the |
---|
| 2925 | + | 85.25offense are substantially similar to any of the offenses listed in paragraphs (a) and (b), |
---|
| 2926 | + | 85.26permanently disqualifies the individual under section 245C.14. An individual is disqualified |
---|
| 2927 | + | 85.27under section 245C.14 if fewer than five years have passed since an offense in any other |
---|
| 2928 | + | 85.28state or country, the elements of which are substantially similar to the elements of any |
---|
| 2929 | + | 85.29offense listed in paragraphs (d) and (e). |
---|
| 2930 | + | 85.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 2931 | + | 85Article 4 Sec. 5. |
---|
| 2932 | + | REVISOR DTT/HL 25-0033803/03/25 86.1 ARTICLE 5 |
---|
| 2933 | + | 86.2 DEPARTMENT OF HUMAN SERVICES PROGRAM INTEGRITY |
---|
| 2934 | + | 86.3 Section 1. Minnesota Statutes 2024, section 13.46, subdivision 2, is amended to read: |
---|
| 2935 | + | 86.4 Subd. 2.General.(a) Data on individuals collected, maintained, used, or disseminated |
---|
| 2936 | + | 86.5by the welfare system are private data on individuals, and shall not be disclosed except: |
---|
| 2937 | + | 86.6 (1) according to section 13.05; |
---|
| 2938 | + | 86.7 (2) according to court order; |
---|
| 2939 | + | 86.8 (3) according to a statute specifically authorizing access to the private data; |
---|
| 2940 | + | 86.9 (4) to an agent of the welfare system and an or investigator acting on behalf of a county, |
---|
| 2941 | + | 86.10the state, or the federal government, including a law enforcement person or attorney in the |
---|
| 2942 | + | 86.11investigation or prosecution of a criminal, civil, or administrative proceeding relating to the |
---|
| 2943 | + | 86.12administration of a program; |
---|
| 2944 | + | 86.13 (5) to personnel of the welfare system who require the data to verify an individual's |
---|
| 2945 | + | 86.14identity; determine eligibility, amount of assistance, and the need to provide services to an |
---|
| 2946 | + | 86.15individual or family across programs; coordinate services for an individual or family; |
---|
| 2947 | + | 86.16evaluate the effectiveness of programs; assess parental contribution amounts; and investigate |
---|
| 2948 | + | 86.17suspected fraud; |
---|
| 2949 | + | 86.18 (6) to administer federal funds or programs; |
---|
| 2950 | + | 86.19 (7) between personnel of the welfare system working in the same program; |
---|
| 2951 | + | 86.20 (8) to the Department of Revenue to administer and evaluate tax refund or tax credit |
---|
| 2952 | + | 86.21programs and to identify individuals who may benefit from these programs, and prepare |
---|
| 2953 | + | 86.22the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article |
---|
| 2954 | + | 86.2317, section 6. The following information may be disclosed under this paragraph: an |
---|
| 2955 | + | 86.24individual's and their dependent's names, dates of birth, Social Security or individual taxpayer |
---|
| 2956 | + | 86.25identification numbers, income, addresses, and other data as required, upon request by the |
---|
| 2957 | + | 86.26Department of Revenue. Disclosures by the commissioner of revenue to the commissioner |
---|
| 2958 | + | 86.27of human services for the purposes described in this clause are governed by section 270B.14, |
---|
| 2959 | + | 86.28subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent |
---|
| 2960 | + | 86.29care credit under section 290.067, the Minnesota working family credit under section |
---|
| 2961 | + | 86.30290.0671, the property tax refund under section 290A.04, and the Minnesota education |
---|
| 2962 | + | 86.31credit under section 290.0674; |
---|
| 2963 | + | 86Article 5 Section 1. |
---|
| 2964 | + | REVISOR DTT/HL 25-0033803/03/25 87.1 (9) between the Department of Human Services; the Department of Employment and |
---|
| 2965 | + | 87.2Economic Development; the Department of Children, Youth, and Families; Direct Care and |
---|
| 2966 | + | 87.3Treatment; and, when applicable, the Department of Education, for the following purposes: |
---|
| 2967 | + | 87.4 (i) to monitor the eligibility of the data subject for unemployment benefits, for any |
---|
| 2968 | + | 87.5employment or training program administered, supervised, or certified by that agency; |
---|
| 2969 | + | 87.6 (ii) to administer any rehabilitation program or child care assistance program, whether |
---|
| 2970 | + | 87.7alone or in conjunction with the welfare system; |
---|
| 2971 | + | 87.8 (iii) to monitor and evaluate the Minnesota family investment program or the child care |
---|
| 2972 | + | 87.9assistance program by exchanging data on recipients and former recipients of Supplemental |
---|
| 2973 | + | 87.10Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D, |
---|
| 2974 | + | 87.11256J, or 256K, child care assistance under chapter 142E, medical programs under chapter |
---|
| 2975 | + | 87.12256B or 256L; and |
---|
| 2976 | + | 87.13 (iv) to analyze public assistance employment services and program utilization, cost, |
---|
| 2977 | + | 87.14effectiveness, and outcomes as implemented under the authority established in Title II, |
---|
| 2978 | + | 87.15Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999. |
---|
| 2979 | + | 87.16Health records governed by sections 144.291 to 144.298 and "protected health information" |
---|
| 2980 | + | 87.17as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code |
---|
| 2981 | + | 87.18of Federal Regulations, title 45, parts 160-164, including health care claims utilization |
---|
| 2982 | + | 87.19information, must not be exchanged under this clause; |
---|
| 2983 | + | 87.20 (10) to appropriate parties in connection with an emergency if knowledge of the |
---|
| 2984 | + | 87.21information is necessary to protect the health or safety of the individual or other individuals |
---|
| 2985 | + | 87.22or persons; |
---|
| 2986 | + | 87.23 (11) data maintained by residential programs as defined in section 245A.02 may be |
---|
| 2987 | + | 87.24disclosed to the protection and advocacy system established in this state according to Part |
---|
| 2988 | + | 87.25C of Public Law 98-527 to protect the legal and human rights of persons with developmental |
---|
| 2989 | + | 87.26disabilities or other related conditions who live in residential facilities for these persons if |
---|
| 2990 | + | 87.27the protection and advocacy system receives a complaint by or on behalf of that person and |
---|
| 2991 | + | 87.28the person does not have a legal guardian or the state or a designee of the state is the legal |
---|
| 2992 | + | 87.29guardian of the person; |
---|
| 2993 | + | 87.30 (12) to the county medical examiner or the county coroner for identifying or locating |
---|
| 2994 | + | 87.31relatives or friends of a deceased person; |
---|
| 2995 | + | 87Article 5 Section 1. |
---|
| 2996 | + | REVISOR DTT/HL 25-0033803/03/25 88.1 (13) data on a child support obligor who makes payments to the public agency may be |
---|
| 2997 | + | 88.2disclosed to the Minnesota Office of Higher Education to the extent necessary to determine |
---|
| 2998 | + | 88.3eligibility under section 136A.121, subdivision 2, clause (5); |
---|
| 2999 | + | 88.4 (14) participant Social Security or individual taxpayer identification numbers and names |
---|
| 3000 | + | 88.5collected by the telephone assistance program may be disclosed to the Department of |
---|
| 3001 | + | 88.6Revenue to conduct an electronic data match with the property tax refund database to |
---|
| 3002 | + | 88.7determine eligibility under section 237.70, subdivision 4a; |
---|
| 3003 | + | 88.8 (15) the current address of a Minnesota family investment program participant may be |
---|
| 3004 | + | 88.9disclosed to law enforcement officers who provide the name of the participant and notify |
---|
| 3005 | + | 88.10the agency that: |
---|
| 3006 | + | 88.11 (i) the participant: |
---|
| 3007 | + | 88.12 (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after |
---|
| 3008 | + | 88.13conviction, for a crime or attempt to commit a crime that is a felony under the laws of the |
---|
| 3009 | + | 88.14jurisdiction from which the individual is fleeing; or |
---|
| 3010 | + | 88.15 (B) is violating a condition of probation or parole imposed under state or federal law; |
---|
| 3011 | + | 88.16 (ii) the location or apprehension of the felon is within the law enforcement officer's |
---|
| 3012 | + | 88.17official duties; and |
---|
| 3013 | + | 88.18 (iii) the request is made in writing and in the proper exercise of those duties; |
---|
| 3014 | + | 88.19 (16) the current address of a recipient of general assistance may be disclosed to probation |
---|
| 3015 | + | 88.20officers and corrections agents who are supervising the recipient and to law enforcement |
---|
| 3016 | + | 88.21officers who are investigating the recipient in connection with a felony level offense; |
---|
| 3017 | + | 88.22 (17) information obtained from a SNAP applicant or recipient households may be |
---|
| 3018 | + | 88.23disclosed to local, state, or federal law enforcement officials, upon their written request, for |
---|
| 3019 | + | 88.24the purpose of investigating an alleged violation of the Food and Nutrition Act, according |
---|
| 3020 | + | 88.25to Code of Federal Regulations, title 7, section 272.1(c); |
---|
| 3021 | + | 88.26 (18) the address, Social Security or individual taxpayer identification number, and, if |
---|
| 3022 | + | 88.27available, photograph of any member of a household receiving SNAP benefits shall be made |
---|
| 3023 | + | 88.28available, on request, to a local, state, or federal law enforcement officer if the officer |
---|
| 3024 | + | 88.29furnishes the agency with the name of the member and notifies the agency that: |
---|
| 3025 | + | 88.30 (i) the member: |
---|
| 3026 | + | 88.31 (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a |
---|
| 3027 | + | 88.32crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing; |
---|
| 3028 | + | 88Article 5 Section 1. |
---|
| 3029 | + | REVISOR DTT/HL 25-0033803/03/25 89.1 (B) is violating a condition of probation or parole imposed under state or federal law; |
---|
| 3030 | + | 89.2or |
---|
| 3031 | + | 89.3 (C) has information that is necessary for the officer to conduct an official duty related |
---|
| 3032 | + | 89.4to conduct described in subitem (A) or (B); |
---|
| 3033 | + | 89.5 (ii) locating or apprehending the member is within the officer's official duties; and |
---|
| 3034 | + | 89.6 (iii) the request is made in writing and in the proper exercise of the officer's official duty; |
---|
| 3035 | + | 89.7 (19) the current address of a recipient of Minnesota family investment program, general |
---|
| 3036 | + | 89.8assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing, |
---|
| 3037 | + | 89.9provide the name of the recipient and notify the agency that the recipient is a person required |
---|
| 3038 | + | 89.10to register under section 243.166, but is not residing at the address at which the recipient is |
---|
| 3039 | + | 89.11registered under section 243.166; |
---|
| 3040 | + | 89.12 (20) certain information regarding child support obligors who are in arrears may be |
---|
| 3041 | + | 89.13made public according to section 518A.74; |
---|
| 3042 | + | 89.14 (21) data on child support payments made by a child support obligor and data on the |
---|
| 3043 | + | 89.15distribution of those payments excluding identifying information on obligees may be |
---|
| 3044 | + | 89.16disclosed to all obligees to whom the obligor owes support, and data on the enforcement |
---|
| 3045 | + | 89.17actions undertaken by the public authority, the status of those actions, and data on the income |
---|
| 3046 | + | 89.18of the obligor or obligee may be disclosed to the other party; |
---|
| 3047 | + | 89.19 (22) data in the work reporting system may be disclosed under section 142A.29, |
---|
| 3048 | + | 89.20subdivision 7; |
---|
| 3049 | + | 89.21 (23) to the Department of Education for the purpose of matching Department of Education |
---|
| 3050 | + | 89.22student data with public assistance data to determine students eligible for free and |
---|
| 3051 | + | 89.23reduced-price meals, meal supplements, and free milk according to United States Code, |
---|
| 3052 | + | 89.24title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state |
---|
| 3053 | + | 89.25funds that are distributed based on income of the student's family; and to verify receipt of |
---|
| 3054 | + | 89.26energy assistance for the telephone assistance plan; |
---|
| 3055 | + | 89.27 (24) the current address and telephone number of program recipients and emergency |
---|
| 3056 | + | 89.28contacts may be released to the commissioner of health or a community health board as |
---|
| 3057 | + | 89.29defined in section 145A.02, subdivision 5, when the commissioner or community health |
---|
| 3058 | + | 89.30board has reason to believe that a program recipient is a disease case, carrier, suspect case, |
---|
| 3059 | + | 89.31or at risk of illness, and the data are necessary to locate the person; |
---|
| 3060 | + | 89.32 (25) to other state agencies, statewide systems, and political subdivisions of this state, |
---|
| 3061 | + | 89.33including the attorney general, and agencies of other states, interstate information networks, |
---|
| 3062 | + | 89Article 5 Section 1. |
---|
| 3063 | + | REVISOR DTT/HL 25-0033803/03/25 90.1federal agencies, and other entities as required by federal regulation or law for the |
---|
| 3064 | + | 90.2administration of the child support enforcement program; |
---|
| 3065 | + | 90.3 (26) to personnel of public assistance programs as defined in section 518A.81, for access |
---|
| 3066 | + | 90.4to the child support system database for the purpose of administration, including monitoring |
---|
| 3067 | + | 90.5and evaluation of those public assistance programs; |
---|
| 3068 | + | 90.6 (27) to monitor and evaluate the Minnesota family investment program by exchanging |
---|
| 3069 | + | 90.7data between the Departments of Human Services; Children, Youth, and Families; and |
---|
| 3070 | + | 90.8Education, on recipients and former recipients of SNAP benefits, cash assistance under |
---|
| 3071 | + | 90.9chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical |
---|
| 3072 | + | 90.10programs under chapter 256B or 256L, or a medical program formerly codified under chapter |
---|
| 3073 | + | 90.11256D; |
---|
| 3074 | + | 90.12 (28) to evaluate child support program performance and to identify and prevent fraud |
---|
| 3075 | + | 90.13in the child support program by exchanging data between the Department of Human Services; |
---|
| 3076 | + | 90.14Department of Children, Youth, and Families; Department of Revenue under section 270B.14, |
---|
| 3077 | + | 90.15subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph |
---|
| 3078 | + | 90.16(c); Department of Health; Department of Employment and Economic Development; and |
---|
| 3079 | + | 90.17other state agencies as is reasonably necessary to perform these functions; |
---|
| 3080 | + | 90.18 (29) counties and the Department of Children, Youth, and Families operating child care |
---|
| 3081 | + | 90.19assistance programs under chapter 142E may disseminate data on program participants, |
---|
| 3082 | + | 90.20applicants, and providers to the commissioner of education; |
---|
| 3083 | + | 90.21 (30) child support data on the child, the parents, and relatives of the child may be |
---|
| 3084 | + | 90.22disclosed to agencies administering programs under titles IV-B and IV-E of the Social |
---|
| 3085 | + | 90.23Security Act, as authorized by federal law; |
---|
| 3086 | + | 90.24 (31) to a health care provider governed by sections 144.291 to 144.298, to the extent |
---|
| 3087 | + | 90.25necessary to coordinate services; |
---|
| 3088 | + | 90.26 (32) to the chief administrative officer of a school to coordinate services for a student |
---|
| 3089 | + | 90.27and family; data that may be disclosed under this clause are limited to name, date of birth, |
---|
| 3090 | + | 90.28gender, and address; |
---|
| 3091 | + | 90.29 (33) to county correctional agencies to the extent necessary to coordinate services and |
---|
| 3092 | + | 90.30diversion programs; data that may be disclosed under this clause are limited to name, client |
---|
| 3093 | + | 90.31demographics, program, case status, and county worker information; or |
---|
| 3094 | + | 90.32 (34) between the Department of Human Services and the Metropolitan Council for the |
---|
| 3095 | + | 90.33following purposes: |
---|
| 3096 | + | 90Article 5 Section 1. |
---|
| 3097 | + | REVISOR DTT/HL 25-0033803/03/25 91.1 (i) to coordinate special transportation service provided under section 473.386 with |
---|
| 3098 | + | 91.2services for people with disabilities and elderly individuals funded by or through the |
---|
| 3099 | + | 91.3Department of Human Services; and |
---|
| 3100 | + | 91.4 (ii) to provide for reimbursement of special transportation service provided under section |
---|
| 3101 | + | 91.5473.386. |
---|
| 3102 | + | 91.6The data that may be shared under this clause are limited to the individual's first, last, and |
---|
| 3103 | + | 91.7middle names; date of birth; residential address; and program eligibility status with expiration |
---|
| 3104 | + | 91.8date for the purposes of informing the other party of program eligibility. |
---|
| 3105 | + | 91.9 (b) Information on persons who have been treated for substance use disorder may only |
---|
| 3106 | + | 91.10be disclosed according to the requirements of Code of Federal Regulations, title 42, sections |
---|
| 3107 | + | 91.112.1 to 2.67. |
---|
| 3108 | + | 91.12 (c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), |
---|
| 3109 | + | 91.13(17), or (18), or paragraph (b), are investigative data and are confidential or protected |
---|
| 3110 | + | 91.14nonpublic while the investigation is active. The data are private after the investigation |
---|
| 3111 | + | 91.15becomes inactive under section 13.82, subdivision 7, clause (a) or (b). |
---|
| 3112 | + | 91.16 (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are |
---|
| 3113 | + | 91.17not subject to the access provisions of subdivision 10, paragraph (b). |
---|
| 3114 | + | 91.18 For the purposes of this subdivision, a request will be deemed to be made in writing if |
---|
| 3115 | + | 91.19made through a computer interface system. |
---|
| 3116 | + | 91.20Sec. 2. Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read: |
---|
| 3117 | + | 91.21 Subd. 3.Investigative data.(a) Data on persons, including data on vendors of services, |
---|
| 3118 | + | 91.22licensees, and applicants that is collected, maintained, used, or disseminated by the welfare |
---|
| 3119 | + | 91.23system in an investigation, authorized by statute, and relating to the enforcement of rules |
---|
| 3120 | + | 91.24or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or |
---|
| 3121 | + | 91.25protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and |
---|
| 3122 | + | 91.26shall not be disclosed except: |
---|
| 3123 | + | 91.27 (1) pursuant to section 13.05; |
---|
| 3124 | + | 91.28 (2) pursuant to statute or valid court order; |
---|
| 3125 | + | 91.29 (3) to a party named in a civil or criminal proceeding, administrative or judicial, for |
---|
| 3126 | + | 91.30preparation of defense; |
---|
| 3127 | + | 91.31 (4) to an agent of the welfare system or an investigator acting on behalf of a county, |
---|
| 3128 | + | 91.32state, or federal government, including a law enforcement officer or attorney in the |
---|
| 3129 | + | 91Article 5 Sec. 2. |
---|
| 3130 | + | REVISOR DTT/HL 25-0033803/03/25 92.1investigation or prosecution of a criminal, civil, or administrative proceeding, unless the |
---|
| 3131 | + | 92.2commissioner of human services or commissioner of children, youth, and families determines |
---|
| 3132 | + | 92.3that disclosure may compromise a Department of Human Services or Department of Children, |
---|
| 3133 | + | 92.4Youth, and Families ongoing investigation; or |
---|
| 3134 | + | 92.5 (5) to provide notices required or permitted by statute. |
---|
| 3135 | + | 92.6 The data referred to in this subdivision shall be classified as public data upon submission |
---|
| 3136 | + | 92.7to an administrative law judge or court in an administrative or judicial proceeding. Inactive |
---|
| 3137 | + | 92.8welfare investigative data shall be treated as provided in section 13.39, subdivision 3. |
---|
| 3138 | + | 92.9 (b) Notwithstanding any other provision in law, the commissioner of human services |
---|
| 3139 | + | 92.10shall provide all active and inactive investigative data, including the name of the reporter |
---|
| 3140 | + | 92.11of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for |
---|
| 3141 | + | 92.12mental health and developmental disabilities upon the request of the ombudsman. |
---|
| 3142 | + | 92.13 (c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation |
---|
| 3143 | + | 92.14by the commissioner of human services of possible overpayments of public funds to a service |
---|
| 3144 | + | 92.15provider or recipient or the reduction or withholding of payments may be disclosed if the |
---|
| 3145 | + | 92.16commissioner determines that it will not compromise the investigation. |
---|
| 3146 | + | 92.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3147 | + | 92.18Sec. 3. Minnesota Statutes 2024, section 245.095, subdivision 5, is amended to read: |
---|
| 3148 | + | 92.19 Subd. 5.Withholding of payments.(a) Except as otherwise provided by state or federal |
---|
| 3149 | + | 92.20law, the commissioner may withhold payments to a provider, vendor, individual, associated |
---|
| 3150 | + | 92.21individual, or associated entity in any program administered by the commissioner if the |
---|
| 3151 | + | 92.22commissioner determines: |
---|
| 3152 | + | 92.23 (1) there is a credible allegation of fraud for which an investigation is pending for a |
---|
| 3153 | + | 92.24program administered by a Minnesota state or federal agency.; |
---|
| 3154 | + | 92.25 (2) the individual, the entity, or an associated individual or entity was convicted of a |
---|
| 3155 | + | 92.26crime charged in state or federal court with an offense that involves fraud or theft against |
---|
| 3156 | + | 92.27a program administered by the commissioner or another Minnesota state or federal agency. |
---|
| 3157 | + | 92.28For purposes of this subdivision, "convicted" means a judgment of conviction has been |
---|
| 3158 | + | 92.29entered by a federal, state, or local court, regardless of whether an appeal from the judgment |
---|
| 3159 | + | 92.30is pending, and includes a stay of adjudication, a court-ordered diversion program, or a plea |
---|
| 3160 | + | 92.31of guilty or nolo contendere; |
---|
| 3161 | + | 92Article 5 Sec. 3. |
---|
| 3162 | + | REVISOR DTT/HL 25-0033803/03/25 93.1 (3) the provider is operating after a Minnesota state or federal agency orders the |
---|
| 3163 | + | 93.2suspension, revocation, or decertification of the provider's license; |
---|
| 3164 | + | 93.3 (4) the provider, vendor, associated individual, or associated entity, including those |
---|
| 3165 | + | 93.4receiving funds under any contract or registered program, has a background study |
---|
| 3166 | + | 93.5disqualification under chapter 245C that has not been set aside and for which no variance |
---|
| 3167 | + | 93.6has been issued, except for a disqualification under sections 245C.14, subdivision 5, and |
---|
| 3168 | + | 93.7245C.15, subdivision 4c; or |
---|
| 3169 | + | 93.8 (5) by a preponderance of the evidence that the provider, vendor, individual, associated |
---|
| 3170 | + | 93.9individual, or associated entity intentionally provided materially false information when |
---|
| 3171 | + | 93.10billing the commissioner. |
---|
| 3172 | + | 93.11 (b) For purposes of this subdivision, "credible allegation of fraud" means an allegation |
---|
| 3173 | + | 93.12that has been verified by the commissioner from any source, including but not limited to: |
---|
| 3174 | + | 93.13 (1) fraud hotline complaints; |
---|
| 3175 | + | 93.14 (2) claims data mining; |
---|
| 3176 | + | 93.15 (3) patterns identified through provider audits, civil false claims cases, and law |
---|
| 3177 | + | 93.16enforcement investigations; and |
---|
| 3178 | + | 93.17 (4) court filings and other legal documents, including but not limited to police reports, |
---|
| 3179 | + | 93.18complaints, indictments, informations, affidavits, declarations, and search warrants. |
---|
| 3180 | + | 93.19 (c) The commissioner must send notice of the withholding of payments within five days |
---|
| 3181 | + | 93.20of taking such action. The notice must: |
---|
| 3182 | + | 93.21 (1) state that payments are being withheld according to this subdivision; |
---|
| 3183 | + | 93.22 (2) set forth the general allegations related to the withholding action, except the notice |
---|
| 3184 | + | 93.23need not disclose specific information concerning an ongoing investigation; |
---|
| 3185 | + | 93.24 (3) state that the withholding is for a temporary period and cite the circumstances under |
---|
| 3186 | + | 93.25which the withholding will be terminated; and |
---|
| 3187 | + | 93.26 (4) inform the provider, vendor, individual, associated individual, or associated entity |
---|
| 3188 | + | 93.27of the right to submit written evidence to contest the withholding action for consideration |
---|
| 3189 | + | 93.28by the commissioner. |
---|
| 3190 | + | 93.29 (d) If the commissioner withholds payments under this subdivision, the provider, vendor, |
---|
| 3191 | + | 93.30individual, associated individual, or associated entity has a right to request administrative |
---|
| 3192 | + | 93.31reconsideration. A request for administrative reconsideration must be made in writing, state |
---|
| 3193 | + | 93.32with specificity the reasons the payment withholding decision is in error, and include |
---|
| 3194 | + | 93Article 5 Sec. 3. |
---|
| 3195 | + | REVISOR DTT/HL 25-0033803/03/25 94.1documents to support the request. Within 60 days from receipt of the request, the |
---|
| 3196 | + | 94.2commissioner shall judiciously review allegations, facts, evidence available to the |
---|
| 3197 | + | 94.3commissioner, and information submitted by the provider, vendor, individual, associated |
---|
| 3198 | + | 94.4individual, or associated entity to determine whether the payment withholding should remain |
---|
| 3199 | + | 94.5in place. |
---|
| 3200 | + | 94.6 (e) The commissioner shall stop withholding payments if the commissioner determines |
---|
| 3201 | + | 94.7there is insufficient evidence of fraud by the provider, vendor, individual, associated |
---|
| 3202 | + | 94.8individual, or associated entity or when legal proceedings relating to the alleged fraud are |
---|
| 3203 | + | 94.9completed, unless the commissioner has sent notice under subdivision 3 to the provider, |
---|
| 3204 | + | 94.10vendor, individual, associated individual, or associated entity. |
---|
| 3205 | + | 94.11 (f) The withholding of payments is a temporary action and is not subject to appeal under |
---|
| 3206 | + | 94.12section 256.045 or chapter 14. |
---|
| 3207 | + | 94.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3208 | + | 94.14Sec. 4. Minnesota Statutes 2024, section 245.095, is amended by adding a subdivision to |
---|
| 3209 | + | 94.15read: |
---|
| 3210 | + | 94.16 Subd. 6.Data practices.The commissioner may exchange information, including claims |
---|
| 3211 | + | 94.17data, with state or federal agencies, professional boards, departments, or programs for the |
---|
| 3212 | + | 94.18purpose of investigating or prosecuting a criminal, civil, or administrative proceeding related |
---|
| 3213 | + | 94.19to suspected fraud or exclusion from any program administered by a state or federal agency. |
---|
| 3214 | + | 94.20Sec. 5. Minnesota Statutes 2024, section 245A.04, subdivision 1, is amended to read: |
---|
| 3215 | + | 94.21 Subdivision 1.Application for licensure.(a) An individual, organization, or government |
---|
| 3216 | + | 94.22entity that is subject to licensure under section 245A.03 must apply for a license. The |
---|
| 3217 | + | 94.23application must be made on the forms and in the manner prescribed by the commissioner. |
---|
| 3218 | + | 94.24The commissioner shall provide the applicant with instruction in completing the application |
---|
| 3219 | + | 94.25and provide information about the rules and requirements of other state agencies that affect |
---|
| 3220 | + | 94.26the applicant. An applicant seeking licensure in Minnesota with headquarters outside of |
---|
| 3221 | + | 94.27Minnesota must have a program office located within 30 miles of the Minnesota border. |
---|
| 3222 | + | 94.28An applicant who intends to buy or otherwise acquire a program or services licensed under |
---|
| 3223 | + | 94.29this chapter that is owned by another license holder must apply for a license under this |
---|
| 3224 | + | 94.30chapter and comply with the application procedures in this section and section 245A.043. |
---|
| 3225 | + | 94.31 The commissioner shall act on the application within 90 working days after a complete |
---|
| 3226 | + | 94.32application and any required reports have been received from other state agencies or |
---|
| 3227 | + | 94Article 5 Sec. 5. |
---|
| 3228 | + | REVISOR DTT/HL 25-0033803/03/25 95.1departments, counties, municipalities, or other political subdivisions. The commissioner |
---|
| 3229 | + | 95.2shall not consider an application to be complete until the commissioner receives all of the |
---|
| 3230 | + | 95.3required information. If the applicant or a controlling individual is the subject of a pending |
---|
| 3231 | + | 95.4administrative, civil, or criminal investigation, the application is not complete until the |
---|
| 3232 | + | 95.5investigation has closed or the related legal proceedings are complete. |
---|
| 3233 | + | 95.6 When the commissioner receives an application for initial licensure that is incomplete |
---|
| 3234 | + | 95.7because the applicant failed to submit required documents or that is substantially deficient |
---|
| 3235 | + | 95.8because the documents submitted do not meet licensing requirements, the commissioner |
---|
| 3236 | + | 95.9shall provide the applicant written notice that the application is incomplete or substantially |
---|
| 3237 | + | 95.10deficient. In the written notice to the applicant the commissioner shall identify documents |
---|
| 3238 | + | 95.11that are missing or deficient and give the applicant 45 days to resubmit a second application |
---|
| 3239 | + | 95.12that is substantially complete. An applicant's failure to submit a substantially complete |
---|
| 3240 | + | 95.13application after receiving notice from the commissioner is a basis for license denial under |
---|
| 3241 | + | 95.14section 245A.043. |
---|
| 3242 | + | 95.15 (b) An application for licensure must identify all controlling individuals as defined in |
---|
| 3243 | + | 95.16section 245A.02, subdivision 5a, and must designate one individual to be the authorized |
---|
| 3244 | + | 95.17agent. The application must be signed by the authorized agent and must include the authorized |
---|
| 3245 | + | 95.18agent's first, middle, and last name; mailing address; and email address. By submitting an |
---|
| 3246 | + | 95.19application for licensure, the authorized agent consents to electronic communication with |
---|
| 3247 | + | 95.20the commissioner throughout the application process. The authorized agent must be |
---|
| 3248 | + | 95.21authorized to accept service on behalf of all of the controlling individuals. A government |
---|
| 3249 | + | 95.22entity that holds multiple licenses under this chapter may designate one authorized agent |
---|
| 3250 | + | 95.23for all licenses issued under this chapter or may designate a different authorized agent for |
---|
| 3251 | + | 95.24each license. Service on the authorized agent is service on all of the controlling individuals. |
---|
| 3252 | + | 95.25It is not a defense to any action arising under this chapter that service was not made on each |
---|
| 3253 | + | 95.26controlling individual. The designation of a controlling individual as the authorized agent |
---|
| 3254 | + | 95.27under this paragraph does not affect the legal responsibility of any other controlling individual |
---|
| 3255 | + | 95.28under this chapter. |
---|
| 3256 | + | 95.29 (c) An applicant or license holder must have a policy that prohibits license holders, |
---|
| 3257 | + | 95.30employees, subcontractors, and volunteers, when directly responsible for persons served |
---|
| 3258 | + | 95.31by the program, from abusing prescription medication or being in any manner under the |
---|
| 3259 | + | 95.32influence of a chemical that impairs the individual's ability to provide services or care. The |
---|
| 3260 | + | 95.33license holder must train employees, subcontractors, and volunteers about the program's |
---|
| 3261 | + | 95.34drug and alcohol policy. |
---|
| 3262 | + | 95Article 5 Sec. 5. |
---|
| 3263 | + | REVISOR DTT/HL 25-0033803/03/25 96.1 (d) An applicant and license holder must have a program grievance procedure that permits |
---|
| 3264 | + | 96.2persons served by the program and their authorized representatives to bring a grievance to |
---|
| 3265 | + | 96.3the highest level of authority in the program. |
---|
| 3266 | + | 96.4 (e) The commissioner may limit communication during the application process to the |
---|
| 3267 | + | 96.5authorized agent or the controlling individuals identified on the license application and for |
---|
| 3268 | + | 96.6whom a background study was initiated under chapter 245C. Upon implementation of the |
---|
| 3269 | + | 96.7provider licensing and reporting hub, applicants and license holders must use the hub in the |
---|
| 3270 | + | 96.8manner prescribed by the commissioner. The commissioner may require the applicant, |
---|
| 3271 | + | 96.9except for child foster care, to demonstrate competence in the applicable licensing |
---|
| 3272 | + | 96.10requirements by successfully completing a written examination. The commissioner may |
---|
| 3273 | + | 96.11develop a prescribed written examination format. |
---|
| 3274 | + | 96.12 (f) When an applicant is an individual, the applicant must provide: |
---|
| 3275 | + | 96.13 (1) the applicant's taxpayer identification numbers including the Social Security number |
---|
| 3276 | + | 96.14or Minnesota tax identification number, and federal employer identification number if the |
---|
| 3277 | + | 96.15applicant has employees; |
---|
| 3278 | + | 96.16 (2) at the request of the commissioner, a copy of the most recent filing with the secretary |
---|
| 3279 | + | 96.17of state that includes the complete business name, if any; |
---|
| 3280 | + | 96.18 (3) if doing business under a different name, the doing business as (DBA) name, as |
---|
| 3281 | + | 96.19registered with the secretary of state; |
---|
| 3282 | + | 96.20 (4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique |
---|
| 3283 | + | 96.21Minnesota Provider Identifier (UMPI) number; and |
---|
| 3284 | + | 96.22 (5) at the request of the commissioner, the notarized signature of the applicant or |
---|
| 3285 | + | 96.23authorized agent. |
---|
| 3286 | + | 96.24 (g) When an applicant is an organization, the applicant must provide: |
---|
| 3287 | + | 96.25 (1) the applicant's taxpayer identification numbers including the Minnesota tax |
---|
| 3288 | + | 96.26identification number and federal employer identification number; |
---|
| 3289 | + | 96.27 (2) at the request of the commissioner, a copy of the most recent filing with the secretary |
---|
| 3290 | + | 96.28of state that includes the complete business name, and if doing business under a different |
---|
| 3291 | + | 96.29name, the doing business as (DBA) name, as registered with the secretary of state; |
---|
| 3292 | + | 96.30 (3) the first, middle, and last name, and address for all individuals who will be controlling |
---|
| 3293 | + | 96.31individuals, including all officers, owners, and managerial officials as defined in section |
---|
| 3294 | + | 96Article 5 Sec. 5. |
---|
| 3295 | + | REVISOR DTT/HL 25-0033803/03/25 97.1245A.02, subdivision 5a, and the date that the background study was initiated by the applicant |
---|
| 3296 | + | 97.2for each controlling individual; |
---|
| 3297 | + | 97.3 (4) if applicable, the applicant's NPI number and UMPI number; |
---|
| 3298 | + | 97.4 (5) the documents that created the organization and that determine the organization's |
---|
| 3299 | + | 97.5internal governance and the relations among the persons that own the organization, have |
---|
| 3300 | + | 97.6an interest in the organization, or are members of the organization, in each case as provided |
---|
| 3301 | + | 97.7or authorized by the organization's governing statute, which may include a partnership |
---|
| 3302 | + | 97.8agreement, bylaws, articles of organization, organizational chart, and operating agreement, |
---|
| 3303 | + | 97.9or comparable documents as provided in the organization's governing statute; and |
---|
| 3304 | + | 97.10 (6) the notarized signature of the applicant or authorized agent. |
---|
| 3305 | + | 97.11 (h) When the applicant is a government entity, the applicant must provide: |
---|
| 3306 | + | 97.12 (1) the name of the government agency, political subdivision, or other unit of government |
---|
| 3307 | + | 97.13seeking the license and the name of the program or services that will be licensed; |
---|
| 3308 | + | 97.14 (2) the applicant's taxpayer identification numbers including the Minnesota tax |
---|
| 3309 | + | 97.15identification number and federal employer identification number; |
---|
| 3310 | + | 97.16 (3) a letter signed by the manager, administrator, or other executive of the government |
---|
| 3311 | + | 97.17entity authorizing the submission of the license application; and |
---|
| 3312 | + | 97.18 (4) if applicable, the applicant's NPI number and UMPI number. |
---|
| 3313 | + | 97.19 (i) At the time of application for licensure or renewal of a license under this chapter, the |
---|
| 3314 | + | 97.20applicant or license holder must acknowledge on the form provided by the commissioner |
---|
| 3315 | + | 97.21if the applicant or license holder elects to receive any public funding reimbursement from |
---|
| 3316 | + | 97.22the commissioner for services provided under the license that: |
---|
| 3317 | + | 97.23 (1) the applicant's or license holder's compliance with the provider enrollment agreement |
---|
| 3318 | + | 97.24or registration requirements for receipt of public funding may be monitored by the |
---|
| 3319 | + | 97.25commissioner as part of a licensing investigation or licensing inspection; and |
---|
| 3320 | + | 97.26 (2) noncompliance with the provider enrollment agreement or registration requirements |
---|
| 3321 | + | 97.27for receipt of public funding that is identified through a licensing investigation or licensing |
---|
| 3322 | + | 97.28inspection, or noncompliance with a licensing requirement that is a basis of enrollment for |
---|
| 3323 | + | 97.29reimbursement for a service, may result in: |
---|
| 3324 | + | 97.30 (i) a correction order or a conditional license under section 245A.06, or sanctions under |
---|
| 3325 | + | 97.31section 245A.07; |
---|
| 3326 | + | 97Article 5 Sec. 5. |
---|
| 3327 | + | REVISOR DTT/HL 25-0033803/03/25 98.1 (ii) nonpayment of claims submitted by the license holder for public program |
---|
| 3328 | + | 98.2reimbursement; |
---|
| 3329 | + | 98.3 (iii) recovery of payments made for the service; |
---|
| 3330 | + | 98.4 (iv) disenrollment in the public payment program; or |
---|
| 3331 | + | 98.5 (v) other administrative, civil, or criminal penalties as provided by law. |
---|
| 3332 | + | 98.6 Sec. 6. Minnesota Statutes 2024, section 245A.05, is amended to read: |
---|
| 3333 | + | 98.7 245A.05 DENIAL OF APPLICATION. |
---|
| 3334 | + | 98.8 (a) The commissioner may deny a license if an applicant or controlling individual: |
---|
| 3335 | + | 98.9 (1) fails to submit a substantially complete application after receiving notice from the |
---|
| 3336 | + | 98.10commissioner under section 245A.04, subdivision 1; |
---|
| 3337 | + | 98.11 (2) fails to comply with applicable laws or rules; |
---|
| 3338 | + | 98.12 (3) knowingly withholds relevant information from or gives false or misleading |
---|
| 3339 | + | 98.13information to the commissioner in connection with an application for a license or during |
---|
| 3340 | + | 98.14an investigation; |
---|
| 3341 | + | 98.15 (4) has a disqualification that has not been set aside under section 245C.22 and no |
---|
| 3342 | + | 98.16variance has been granted; |
---|
| 3343 | + | 98.17 (5) has an individual living in the household who received a background study under |
---|
| 3344 | + | 98.18section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that |
---|
| 3345 | + | 98.19has not been set aside under section 245C.22, and no variance has been granted; |
---|
| 3346 | + | 98.20 (6) is associated with an individual who received a background study under section |
---|
| 3347 | + | 98.21245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to |
---|
| 3348 | + | 98.22children or vulnerable adults, and who has a disqualification that has not been set aside |
---|
| 3349 | + | 98.23under section 245C.22, and no variance has been granted; |
---|
| 3350 | + | 98.24 (7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g); |
---|
| 3351 | + | 98.25 (8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision |
---|
| 3352 | + | 98.266; |
---|
| 3353 | + | 98.27 (9) has a history of noncompliance as a license holder or controlling individual with |
---|
| 3354 | + | 98.28applicable laws or rules, including but not limited to this chapter and chapters 142E and |
---|
| 3355 | + | 98.29245C; or |
---|
| 3356 | + | 98.30 (10) is prohibited from holding a license according to section 245.095.; or |
---|
| 3357 | + | 98Article 5 Sec. 6. |
---|
| 3358 | + | REVISOR DTT/HL 25-0033803/03/25 99.1 (11) is the subject of a pending administrative, civil, or criminal investigation. |
---|
| 3359 | + | 99.2 (b) An applicant whose application has been denied by the commissioner must be given |
---|
| 3360 | + | 99.3notice of the denial, which must state the reasons for the denial in plain language. Notice |
---|
| 3361 | + | 99.4must be given by certified mail, by personal service, or through the provider licensing and |
---|
| 3362 | + | 99.5reporting hub. The notice must state the reasons the application was denied and must inform |
---|
| 3363 | + | 99.6the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, |
---|
| 3364 | + | 99.7parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the |
---|
| 3365 | + | 99.8commissioner in writing by certified mail, by personal service, or through the provider |
---|
| 3366 | + | 99.9licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the |
---|
| 3367 | + | 99.10commissioner within 20 calendar days after the applicant received the notice of denial. If |
---|
| 3368 | + | 99.11an appeal request is made by personal service, it must be received by the commissioner |
---|
| 3369 | + | 99.12within 20 calendar days after the applicant received the notice of denial. If the order is issued |
---|
| 3370 | + | 99.13through the provider hub, the appeal must be received by the commissioner within 20 |
---|
| 3371 | + | 99.14calendar days from the date the commissioner issued the order through the hub. Section |
---|
| 3372 | + | 99.15245A.08 applies to hearings held to appeal the commissioner's denial of an application. |
---|
| 3373 | + | 99.16Sec. 7. Minnesota Statutes 2024, section 245A.07, subdivision 2, is amended to read: |
---|
| 3374 | + | 99.17 Subd. 2.Temporary immediate suspension.(a) The commissioner shall act immediately |
---|
| 3375 | + | 99.18to temporarily suspend a license issued under this chapter if: |
---|
| 3376 | + | 99.19 (1) the license holder's or controlling individual's actions or failure to comply with |
---|
| 3377 | + | 99.20applicable law or rule, or the actions of other individuals or conditions in the program, pose |
---|
| 3378 | + | 99.21an imminent risk of harm to the health, safety, or rights of persons served by the program; |
---|
| 3379 | + | 99.22 (2) while the program continues to operate pending an appeal of an order of revocation, |
---|
| 3380 | + | 99.23the commissioner identifies one or more subsequent violations of law or rule which may |
---|
| 3381 | + | 99.24adversely affect the health or safety of persons served by the program; or |
---|
| 3382 | + | 99.25 (3) the license holder or controlling individual is criminally charged in state or federal |
---|
| 3383 | + | 99.26court with an offense that involves fraud or theft against a program administered by the |
---|
| 3384 | + | 99.27commissioner a state or federal agency. |
---|
| 3385 | + | 99.28 (b) No state funds shall be made available or be expended by any agency or department |
---|
| 3386 | + | 99.29of state, county, or municipal government for use by a license holder regulated under this |
---|
| 3387 | + | 99.30chapter while a license issued under this chapter is under immediate suspension. A notice |
---|
| 3388 | + | 99.31stating the reasons for the immediate suspension and informing the license holder of the |
---|
| 3389 | + | 99.32right to an expedited hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to |
---|
| 3390 | + | 99.331400.8612, must be delivered by personal service to the address shown on the application |
---|
| 3391 | + | 99Article 5 Sec. 7. |
---|
| 3392 | + | REVISOR DTT/HL 25-0033803/03/25 100.1or the last known address of the license holder. The license holder may appeal an order |
---|
| 3393 | + | 100.2immediately suspending a license. The appeal of an order immediately suspending a license |
---|
| 3394 | + | 100.3must be made in writing by certified mail, personal service, or other means expressly set |
---|
| 3395 | + | 100.4forth in the commissioner's order. If mailed, the appeal must be postmarked and sent to the |
---|
| 3396 | + | 100.5commissioner within five calendar days after the license holder receives notice that the |
---|
| 3397 | + | 100.6license has been immediately suspended. If a request is made by personal service, it must |
---|
| 3398 | + | 100.7be received by the commissioner within five calendar days after the license holder received |
---|
| 3399 | + | 100.8the order. A license holder and any controlling individual shall discontinue operation of the |
---|
| 3400 | + | 100.9program upon receipt of the commissioner's order to immediately suspend the license. |
---|
| 3401 | + | 100.10 (c) The commissioner may act immediately to temporarily suspend a license issued |
---|
| 3402 | + | 100.11under this chapter if the license holder or controlling individual is the subject of a pending |
---|
| 3403 | + | 100.12administrative, civil, or criminal investigation or subject to an administrative or civil action |
---|
| 3404 | + | 100.13related to fraud against a program administered by a state or federal agency. |
---|
| 3405 | + | 100.14Sec. 8. Minnesota Statutes 2024, section 254B.06, is amended by adding a subdivision to |
---|
| 3406 | + | 100.15read: |
---|
| 3407 | + | 100.16 Subd. 5.Prohibition of duplicative claim submission.(a) For time-based claims, |
---|
| 3408 | + | 100.17submissions must follow the guidelines in the Centers for Medicare and Medicaid Services' |
---|
| 3409 | + | 100.18Healthcare Common Procedure Coding System and the American Medical Association's |
---|
| 3410 | + | 100.19Current Procedural Terminology to determine the appropriate units of time to report. |
---|
| 3411 | + | 100.20 (b) More than half the duration of a time-based code must be spent performing the service |
---|
| 3412 | + | 100.21to be eligible under this section. Any provision of service during the remaining balance of |
---|
| 3413 | + | 100.22the unit of time is not eligible for any other claims submission and would be considered a |
---|
| 3414 | + | 100.23duplicative claim submission. |
---|
| 3415 | + | 100.24 (c) A provider may only round up to the next whole number of service units on a |
---|
| 3416 | + | 100.25submitted claim when more than one and one-half times the defined value of the code has |
---|
| 3417 | + | 100.26occurred and no additional time increment code exists. |
---|
| 3418 | + | 100.27 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3419 | + | 100.28Sec. 9. Minnesota Statutes 2024, section 256.983, subdivision 4, is amended to read: |
---|
| 3420 | + | 100.29 Subd. 4.Funding.(a) County and Tribal agency reimbursement shall be made through |
---|
| 3421 | + | 100.30the settlement provisions applicable to the Supplemental Nutrition Assistance Program |
---|
| 3422 | + | 100.31(SNAP), MFIP, child care assistance programs, the medical assistance program, and other |
---|
| 3423 | + | 100.32federal and state-funded programs. |
---|
| 3424 | + | 100Article 5 Sec. 9. |
---|
| 3425 | + | REVISOR DTT/HL 25-0033803/03/25 101.1 (b) The commissioners will maintain program compliance if for any three consecutive |
---|
| 3426 | + | 101.2month period quarter, a county or Tribal agency fails to comply with fraud prevention |
---|
| 3427 | + | 101.3investigation program guidelines, or fails to meet the cost-effectiveness standards developed |
---|
| 3428 | + | 101.4by the commissioners. This result is contingent on the commissioners providing written |
---|
| 3429 | + | 101.5notice, including an offer of technical assistance, within 30 days of the end of the third or |
---|
| 3430 | + | 101.6subsequent month quarter of noncompliance. The county or Tribal agency shall be required |
---|
| 3431 | + | 101.7to submit a corrective action plan to the commissioners within 30 days of receipt of a notice |
---|
| 3432 | + | 101.8of noncompliance. Failure to submit a corrective action plan or, continued deviation from |
---|
| 3433 | + | 101.9standards of more than ten percent after submission of a corrective action plan, will result |
---|
| 3434 | + | 101.10in denial of funding for each subsequent month, or billing the county or Tribal agency for |
---|
| 3435 | + | 101.11fraud prevention investigation (FPI) service provided by the commissioners, or reallocation |
---|
| 3436 | + | 101.12of program grant funds, or investigative resources, or both, to other counties or Tribal |
---|
| 3437 | + | 101.13agencies. The denial of funding shall apply to the general settlement received by the county |
---|
| 3438 | + | 101.14or Tribal agency on a quarterly basis and shall not reduce the grant amount applicable to |
---|
| 3439 | + | 101.15the FPI project. |
---|
| 3440 | + | 101.16 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3441 | + | 101.17Sec. 10. Minnesota Statutes 2024, section 256B.04, subdivision 21, is amended to read: |
---|
| 3442 | + | 101.18 Subd. 21.Provider enrollment.(a) The commissioner shall enroll providers and conduct |
---|
| 3443 | + | 101.19screening activities as required by Code of Federal Regulations, title 42, section 455, subpart |
---|
| 3444 | + | 101.20E. A provider must enroll each provider-controlled location where direct services are |
---|
| 3445 | + | 101.21provided. The commissioner may deny a provider's incomplete application if a provider |
---|
| 3446 | + | 101.22fails to respond to the commissioner's request for additional information within 60 days of |
---|
| 3447 | + | 101.23the request. The commissioner must conduct a background study under chapter 245C, |
---|
| 3448 | + | 101.24including a review of databases in section 245C.08, subdivision 1, paragraph (a), clauses |
---|
| 3449 | + | 101.25(1) to (5), for a provider described in this paragraph. The background study requirement |
---|
| 3450 | + | 101.26may be satisfied if the commissioner conducted a fingerprint-based background study on |
---|
| 3451 | + | 101.27the provider that includes a review of databases in section 245C.08, subdivision 1, paragraph |
---|
| 3452 | + | 101.28(a), clauses (1) to (5). |
---|
| 3453 | + | 101.29 (b) The commissioner shall revalidate each: |
---|
| 3454 | + | 101.30 (1) each provider under this subdivision at least once every five years; and |
---|
| 3455 | + | 101.31 (2) each personal care assistance agency under this subdivision once every three years.; |
---|
| 3456 | + | 101.32and |
---|
| 3457 | + | 101Article 5 Sec. 10. |
---|
| 3458 | + | REVISOR DTT/HL 25-0033803/03/25 102.1 (3) at the commissioner's discretion, any other Medicaid-only provider type the |
---|
| 3459 | + | 102.2commissioner deems "high risk" under this subdivision. |
---|
| 3460 | + | 102.3 (c) The commissioner shall conduct revalidation as follows: |
---|
| 3461 | + | 102.4 (1) provide 30-day notice of the revalidation due date including instructions for |
---|
| 3462 | + | 102.5revalidation and a list of materials the provider must submit; |
---|
| 3463 | + | 102.6 (2) if a provider fails to submit all required materials by the due date, notify the provider |
---|
| 3464 | + | 102.7of the deficiency within 30 days after the due date and allow the provider an additional 30 |
---|
| 3465 | + | 102.8days from the notification date to comply; and |
---|
| 3466 | + | 102.9 (3) if a provider fails to remedy a deficiency within the 30-day time period, give 60-day |
---|
| 3467 | + | 102.10notice of termination and immediately suspend the provider's ability to bill. The provider |
---|
| 3468 | + | 102.11does not have the right to appeal suspension of ability to bill. |
---|
| 3469 | + | 102.12 (d) If a provider fails to comply with any individual provider requirement or condition |
---|
| 3470 | + | 102.13of participation, the commissioner may suspend the provider's ability to bill until the provider |
---|
| 3471 | + | 102.14comes into compliance. The commissioner's decision to suspend the provider is not subject |
---|
| 3472 | + | 102.15to an administrative appeal. |
---|
| 3473 | + | 102.16 (e) Correspondence and notifications, including notifications of termination and other |
---|
| 3474 | + | 102.17actions, may be delivered electronically to a provider's MN-ITS mailbox. This paragraph |
---|
| 3475 | + | 102.18does not apply to correspondences and notifications related to background studies. |
---|
| 3476 | + | 102.19 (f) If the commissioner or the Centers for Medicare and Medicaid Services determines |
---|
| 3477 | + | 102.20that a provider is designated "high-risk," the commissioner may withhold payment from |
---|
| 3478 | + | 102.21providers within that category upon initial enrollment for a 90-day period. The withholding |
---|
| 3479 | + | 102.22for each provider must begin on the date of the first submission of a claim. |
---|
| 3480 | + | 102.23 (g) An enrolled provider that is also licensed by the commissioner under chapter 245A, |
---|
| 3481 | + | 102.24is licensed as a home care provider by the Department of Health under chapter 144A, or is |
---|
| 3482 | + | 102.25licensed as an assisted living facility under chapter 144G and has a home and |
---|
| 3483 | + | 102.26community-based services designation on the home care license under section 144A.484, |
---|
| 3484 | + | 102.27must designate an individual as the entity's compliance officer. The compliance officer |
---|
| 3485 | + | 102.28must: |
---|
| 3486 | + | 102.29 (1) develop policies and procedures to assure adherence to medical assistance laws and |
---|
| 3487 | + | 102.30regulations and to prevent inappropriate claims submissions; |
---|
| 3488 | + | 102.31 (2) train the employees of the provider entity, and any agents or subcontractors of the |
---|
| 3489 | + | 102.32provider entity including billers, on the policies and procedures under clause (1); |
---|
| 3490 | + | 102Article 5 Sec. 10. |
---|
| 3491 | + | REVISOR DTT/HL 25-0033803/03/25 103.1 (3) respond to allegations of improper conduct related to the provision or billing of |
---|
| 3492 | + | 103.2medical assistance services, and implement action to remediate any resulting problems; |
---|
| 3493 | + | 103.3 (4) use evaluation techniques to monitor compliance with medical assistance laws and |
---|
| 3494 | + | 103.4regulations; |
---|
| 3495 | + | 103.5 (5) promptly report to the commissioner any identified violations of medical assistance |
---|
| 3496 | + | 103.6laws or regulations; and |
---|
| 3497 | + | 103.7 (6) within 60 days of discovery by the provider of a medical assistance reimbursement |
---|
| 3498 | + | 103.8overpayment, report the overpayment to the commissioner and make arrangements with |
---|
| 3499 | + | 103.9the commissioner for the commissioner's recovery of the overpayment. |
---|
| 3500 | + | 103.10The commissioner may require, as a condition of enrollment in medical assistance, that a |
---|
| 3501 | + | 103.11provider within a particular industry sector or category establish a compliance program that |
---|
| 3502 | + | 103.12contains the core elements established by the Centers for Medicare and Medicaid Services. |
---|
| 3503 | + | 103.13 (h) The commissioner may revoke the enrollment of an ordering or rendering provider |
---|
| 3504 | + | 103.14for a period of not more than one year, if the provider fails to maintain and, upon request |
---|
| 3505 | + | 103.15from the commissioner, provide access to documentation relating to written orders or requests |
---|
| 3506 | + | 103.16for payment for durable medical equipment, certifications for home health services, or |
---|
| 3507 | + | 103.17referrals for other items or services written or ordered by such provider, when the |
---|
| 3508 | + | 103.18commissioner has identified a pattern of a lack of documentation. A pattern means a failure |
---|
| 3509 | + | 103.19to maintain documentation or provide access to documentation on more than one occasion. |
---|
| 3510 | + | 103.20Nothing in this paragraph limits the authority of the commissioner to sanction a provider |
---|
| 3511 | + | 103.21under the provisions of section 256B.064. |
---|
| 3512 | + | 103.22 (i) The commissioner shall terminate or deny the enrollment of any individual or entity |
---|
| 3513 | + | 103.23if the individual or entity has been terminated from participation in Medicare or under the |
---|
| 3514 | + | 103.24Medicaid program or Children's Health Insurance Program of any other state. The |
---|
| 3515 | + | 103.25commissioner may exempt a rehabilitation agency from termination or denial that would |
---|
| 3516 | + | 103.26otherwise be required under this paragraph, if the agency: |
---|
| 3517 | + | 103.27 (1) is unable to retain Medicare certification and enrollment solely due to a lack of billing |
---|
| 3518 | + | 103.28to the Medicare program; |
---|
| 3519 | + | 103.29 (2) meets all other applicable Medicare certification requirements based on an on-site |
---|
| 3520 | + | 103.30review completed by the commissioner of health; and |
---|
| 3521 | + | 103.31 (3) serves primarily a pediatric population. |
---|
| 3522 | + | 103.32 (j) As a condition of enrollment in medical assistance, the commissioner shall require |
---|
| 3523 | + | 103.33that a provider designated "moderate" or "high-risk" by the Centers for Medicare and |
---|
| 3524 | + | 103Article 5 Sec. 10. |
---|
| 3525 | + | REVISOR DTT/HL 25-0033803/03/25 104.1Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid |
---|
| 3526 | + | 104.2Services, its agents, or its designated contractors and the state agency, its agents, or its |
---|
| 3527 | + | 104.3designated contractors to conduct unannounced on-site inspections of any provider location. |
---|
| 3528 | + | 104.4The commissioner shall publish in the Minnesota Health Care Program Provider Manual a |
---|
| 3529 | + | 104.5list of provider types designated "limited," "moderate," or "high-risk," based on the criteria |
---|
| 3530 | + | 104.6and standards used to designate Medicare providers in Code of Federal Regulations, title |
---|
| 3531 | + | 104.742, section 424.518. The list and criteria are not subject to the requirements of chapter 14. |
---|
| 3532 | + | 104.8The commissioner's designations are not subject to administrative appeal. |
---|
| 3533 | + | 104.9 (k) As a condition of enrollment in medical assistance, the commissioner shall require |
---|
| 3534 | + | 104.10that a high-risk provider, or a person with a direct or indirect ownership interest in the |
---|
| 3535 | + | 104.11provider of five percent or higher, consent to criminal background checks, including |
---|
| 3536 | + | 104.12fingerprinting, when required to do so under state law or by a determination by the |
---|
| 3537 | + | 104.13commissioner or the Centers for Medicare and Medicaid Services that a provider is designated |
---|
| 3538 | + | 104.14high-risk for fraud, waste, or abuse. |
---|
| 3539 | + | 104.15 (l)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all durable |
---|
| 3540 | + | 104.16medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical suppliers |
---|
| 3541 | + | 104.17meeting the durable medical equipment provider and supplier definition in clause (3), |
---|
| 3542 | + | 104.18operating in Minnesota and receiving Medicaid funds must purchase a surety bond that is |
---|
| 3543 | + | 104.19annually renewed and designates the Minnesota Department of Human Services as the |
---|
| 3544 | + | 104.20obligee, and must be submitted in a form approved by the commissioner. For purposes of |
---|
| 3545 | + | 104.21this clause, the following medical suppliers are not required to obtain a surety bond: a |
---|
| 3546 | + | 104.22federally qualified health center, a home health agency, the Indian Health Service, a |
---|
| 3547 | + | 104.23pharmacy, and a rural health clinic. |
---|
| 3548 | + | 104.24 (2) At the time of initial enrollment or reenrollment, durable medical equipment providers |
---|
| 3549 | + | 104.25and suppliers defined in clause (3) must purchase a surety bond of $50,000. If a revalidating |
---|
| 3550 | + | 104.26provider's Medicaid revenue in the previous calendar year is up to and including $300,000, |
---|
| 3551 | + | 104.27the provider agency must purchase a surety bond of $50,000. If a revalidating provider's |
---|
| 3552 | + | 104.28Medicaid revenue in the previous calendar year is over $300,000, the provider agency must |
---|
| 3553 | + | 104.29purchase a surety bond of $100,000. The surety bond must allow for recovery of costs and |
---|
| 3554 | + | 104.30fees in pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions |
---|
| 3555 | + | 104.31from a surety bond must occur within six years from the date the debt is affirmed by a final |
---|
| 3556 | + | 104.32agency decision. An agency decision is final when the right to appeal the debt has been |
---|
| 3557 | + | 104.33exhausted or the time to appeal has expired under section 256B.064. |
---|
| 3558 | + | 104.34 (3) "Durable medical equipment provider or supplier" means a medical supplier that can |
---|
| 3559 | + | 104.35purchase medical equipment or supplies for sale or rental to the general public and is able |
---|
| 3560 | + | 104Article 5 Sec. 10. |
---|
| 3561 | + | REVISOR DTT/HL 25-0033803/03/25 105.1to perform or arrange for necessary repairs to and maintenance of equipment offered for |
---|
| 3562 | + | 105.2sale or rental. |
---|
| 3563 | + | 105.3 (m) The Department of Human Services may require a provider to purchase a surety |
---|
| 3564 | + | 105.4bond as a condition of initial enrollment, reenrollment, reinstatement, or continued enrollment |
---|
| 3565 | + | 105.5if: (1) the provider fails to demonstrate financial viability, (2) the department determines |
---|
| 3566 | + | 105.6there is significant evidence of or potential for fraud and abuse by the provider, or (3) the |
---|
| 3567 | + | 105.7provider or category of providers is designated high-risk pursuant to paragraph (f) and as |
---|
| 3568 | + | 105.8per Code of Federal Regulations, title 42, section 455.450. The surety bond must be in an |
---|
| 3569 | + | 105.9amount of $100,000 or ten percent of the provider's payments from Medicaid during the |
---|
| 3570 | + | 105.10immediately preceding 12 months, whichever is greater. The surety bond must name the |
---|
| 3571 | + | 105.11Department of Human Services as an obligee and must allow for recovery of costs and fees |
---|
| 3572 | + | 105.12in pursuing a claim on the bond. This paragraph does not apply if the provider currently |
---|
| 3573 | + | 105.13maintains a surety bond under the requirements in section 256B.0659 or 256B.85. |
---|
| 3574 | + | 105.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3575 | + | 105.15Sec. 11. Minnesota Statutes 2024, section 256B.0659, subdivision 21, is amended to read: |
---|
| 3576 | + | 105.16 Subd. 21.Requirements for provider enrollment of personal care assistance provider |
---|
| 3577 | + | 105.17agencies.(a) All personal care assistance provider agencies must provide, at the time of |
---|
| 3578 | + | 105.18enrollment, reenrollment, and revalidation as a personal care assistance provider agency in |
---|
| 3579 | + | 105.19a format determined by the commissioner, information and documentation that includes, |
---|
| 3580 | + | 105.20but is not limited to, the following: |
---|
| 3581 | + | 105.21 (1) the personal care assistance provider agency's current contact information including |
---|
| 3582 | + | 105.22address, telephone number, and email address; |
---|
| 3583 | + | 105.23 (2) proof of surety bond coverage for each business location providing services. Upon |
---|
| 3584 | + | 105.24new enrollment, or if the provider's Medicaid revenue in the previous calendar year is up |
---|
| 3585 | + | 105.25to and including $300,000, the provider agency must purchase a surety bond of $50,000. If |
---|
| 3586 | + | 105.26the Medicaid revenue in the previous year is over $300,000, the provider agency must |
---|
| 3587 | + | 105.27purchase a surety bond of $100,000. The surety bond must be in a form approved by the |
---|
| 3588 | + | 105.28commissioner, must be renewed annually, and must allow for recovery of costs and fees in |
---|
| 3589 | + | 105.29pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions from a |
---|
| 3590 | + | 105.30surety bond must occur within six years from the date the debt is affirmed by a final agency |
---|
| 3591 | + | 105.31decision. An agency decision is final when the right to appeal the debt has been exhausted |
---|
| 3592 | + | 105.32or the time to appeal has expired under section 256B.064; |
---|
| 3593 | + | 105Article 5 Sec. 11. |
---|
| 3594 | + | REVISOR DTT/HL 25-0033803/03/25 106.1 (3) proof of fidelity bond coverage in the amount of $20,000 for each business location |
---|
| 3595 | + | 106.2providing service; |
---|
| 3596 | + | 106.3 (4) proof of workers' compensation insurance coverage identifying the business location |
---|
| 3597 | + | 106.4where personal care assistance services are provided; |
---|
| 3598 | + | 106.5 (5) proof of liability insurance coverage identifying the business location where personal |
---|
| 3599 | + | 106.6care assistance services are provided and naming the department as a certificate holder; |
---|
| 3600 | + | 106.7 (6) a copy of the personal care assistance provider agency's written policies and |
---|
| 3601 | + | 106.8procedures including: hiring of employees; training requirements; service delivery; and |
---|
| 3602 | + | 106.9employee and consumer safety including process for notification and resolution of consumer |
---|
| 3603 | + | 106.10grievances, identification and prevention of communicable diseases, and employee |
---|
| 3604 | + | 106.11misconduct; |
---|
| 3605 | + | 106.12 (7) copies of all other forms the personal care assistance provider agency uses in the |
---|
| 3606 | + | 106.13course of daily business including, but not limited to: |
---|
| 3607 | + | 106.14 (i) a copy of the personal care assistance provider agency's time sheet if the time sheet |
---|
| 3608 | + | 106.15varies from the standard time sheet for personal care assistance services approved by the |
---|
| 3609 | + | 106.16commissioner, and a letter requesting approval of the personal care assistance provider |
---|
| 3610 | + | 106.17agency's nonstandard time sheet; |
---|
| 3611 | + | 106.18 (ii) the personal care assistance provider agency's template for the personal care assistance |
---|
| 3612 | + | 106.19care plan; and |
---|
| 3613 | + | 106.20 (iii) the personal care assistance provider agency's template for the written agreement |
---|
| 3614 | + | 106.21in subdivision 20 for recipients using the personal care assistance choice option, if applicable; |
---|
| 3615 | + | 106.22 (8) a list of all training and classes that the personal care assistance provider agency |
---|
| 3616 | + | 106.23requires of its staff providing personal care assistance services; |
---|
| 3617 | + | 106.24 (9) documentation that the personal care assistance provider agency and staff have |
---|
| 3618 | + | 106.25successfully completed all the training required by this section, including the requirements |
---|
| 3619 | + | 106.26under subdivision 11, paragraph (d), if enhanced personal care assistance services are |
---|
| 3620 | + | 106.27provided and submitted for an enhanced rate under subdivision 17a; |
---|
| 3621 | + | 106.28 (10) documentation of the agency's marketing practices; |
---|
| 3622 | + | 106.29 (11) disclosure of ownership, leasing, or management of all residential properties that |
---|
| 3623 | + | 106.30is used or could be used for providing home care services; |
---|
| 3624 | + | 106.31 (12) documentation that the agency will use the following percentages of revenue |
---|
| 3625 | + | 106.32generated from the medical assistance rate paid for personal care assistance services for |
---|
| 3626 | + | 106Article 5 Sec. 11. |
---|
| 3627 | + | REVISOR DTT/HL 25-0033803/03/25 107.1employee personal care assistant wages and benefits: 72.5 percent of revenue in the personal |
---|
| 3628 | + | 107.2care assistance choice option and 72.5 percent of revenue from other personal care assistance |
---|
| 3629 | + | 107.3providers. The revenue generated by the qualified professional and the reasonable costs |
---|
| 3630 | + | 107.4associated with the qualified professional shall not be used in making this calculation; and |
---|
| 3631 | + | 107.5 (13) effective May 15, 2010, documentation that the agency does not burden recipients' |
---|
| 3632 | + | 107.6free exercise of their right to choose service providers by requiring personal care assistants |
---|
| 3633 | + | 107.7to sign an agreement not to work with any particular personal care assistance recipient or |
---|
| 3634 | + | 107.8for another personal care assistance provider agency after leaving the agency and that the |
---|
| 3635 | + | 107.9agency is not taking action on any such agreements or requirements regardless of the date |
---|
| 3636 | + | 107.10signed. |
---|
| 3637 | + | 107.11 (b) Personal care assistance provider agencies shall provide the information specified |
---|
| 3638 | + | 107.12in paragraph (a) to the commissioner at the time the personal care assistance provider agency |
---|
| 3639 | + | 107.13enrolls as a vendor or upon request from the commissioner. The commissioner shall collect |
---|
| 3640 | + | 107.14the information specified in paragraph (a) from all personal care assistance providers |
---|
| 3641 | + | 107.15beginning July 1, 2009. |
---|
| 3642 | + | 107.16 (c) All personal care assistance provider agencies shall require all employees in |
---|
| 3643 | + | 107.17management and supervisory positions and owners of the agency who are active in the |
---|
| 3644 | + | 107.18day-to-day management and operations of the agency to complete mandatory training as |
---|
| 3645 | + | 107.19determined by the commissioner before submitting an application for enrollment of the |
---|
| 3646 | + | 107.20agency as a provider. All personal care assistance provider agencies shall also require |
---|
| 3647 | + | 107.21qualified professionals to complete the training required by subdivision 13 before submitting |
---|
| 3648 | + | 107.22an application for enrollment of the agency as a provider. Employees in management and |
---|
| 3649 | + | 107.23supervisory positions and owners who are active in the day-to-day operations of an agency |
---|
| 3650 | + | 107.24who have completed the required training as an employee with a personal care assistance |
---|
| 3651 | + | 107.25provider agency do not need to repeat the required training if they are hired by another |
---|
| 3652 | + | 107.26agency, if they have completed the training within the past three years. By September 1, |
---|
| 3653 | + | 107.272010, the required training must be available with meaningful access according to title VI |
---|
| 3654 | + | 107.28of the Civil Rights Act and federal regulations adopted under that law or any guidance from |
---|
| 3655 | + | 107.29the United States Health and Human Services Department. The required training must be |
---|
| 3656 | + | 107.30available online or by electronic remote connection. The required training must provide for |
---|
| 3657 | + | 107.31competency testing. Personal care assistance provider agency billing staff shall complete |
---|
| 3658 | + | 107.32training about personal care assistance program financial management. This training is |
---|
| 3659 | + | 107.33effective July 1, 2009. Any personal care assistance provider agency enrolled before that |
---|
| 3660 | + | 107.34date shall, if it has not already, complete the provider training within 18 months of July 1, |
---|
| 3661 | + | 107.352009. Any new owners or employees in management and supervisory positions involved |
---|
| 3662 | + | 107Article 5 Sec. 11. |
---|
| 3663 | + | REVISOR DTT/HL 25-0033803/03/25 108.1in the day-to-day operations are required to complete mandatory training as a requisite of |
---|
| 3664 | + | 108.2working for the agency. Personal care assistance provider agencies certified for participation |
---|
| 3665 | + | 108.3in Medicare as home health agencies are exempt from the training required in this |
---|
| 3666 | + | 108.4subdivision. When available, Medicare-certified home health agency owners, supervisors, |
---|
| 3667 | + | 108.5or managers must successfully complete the competency test. |
---|
| 3668 | + | 108.6 (d) All surety bonds, fidelity bonds, workers' compensation insurance, and liability |
---|
| 3669 | + | 108.7insurance required by this subdivision must be maintained continuously. After initial |
---|
| 3670 | + | 108.8enrollment, a provider must submit proof of bonds and required coverages at any time at |
---|
| 3671 | + | 108.9the request of the commissioner. Services provided while there are lapses in coverage are |
---|
| 3672 | + | 108.10not eligible for payment. Lapses in coverage may result in sanctions, including termination. |
---|
| 3673 | + | 108.11The commissioner shall send instructions and a due date to submit the requested information |
---|
| 3674 | + | 108.12to the personal care assistance provider agency. |
---|
| 3675 | + | 108.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3676 | + | 108.14Sec. 12. Minnesota Statutes 2024, section 256B.0949, subdivision 2, is amended to read: |
---|
| 3677 | + | 108.15 Subd. 2.Definitions.(a) The terms used in this section have the meanings given in this |
---|
| 3678 | + | 108.16subdivision. |
---|
| 3679 | + | 108.17 (b) "Advanced certification" means a person who has completed advanced certification |
---|
| 3680 | + | 108.18in an approved modality under subdivision 13, paragraph (b). |
---|
| 3681 | + | 108.19 (c) "Agency" means the legal entity that is enrolled with Minnesota health care programs |
---|
| 3682 | + | 108.20as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide |
---|
| 3683 | + | 108.21EIDBI services and that has the legal responsibility to ensure that its employees or contractors |
---|
| 3684 | + | 108.22carry out the responsibilities defined in this section. Agency includes a licensed individual |
---|
| 3685 | + | 108.23professional who practices independently and acts as an agency. |
---|
| 3686 | + | 108.24 (d) "Autism spectrum disorder or a related condition" or "ASD or a related condition" |
---|
| 3687 | + | 108.25means either autism spectrum disorder (ASD) as defined in the current version of the |
---|
| 3688 | + | 108.26Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found |
---|
| 3689 | + | 108.27to be closely related to ASD, as identified under the current version of the DSM, and meets |
---|
| 3690 | + | 108.28all of the following criteria: |
---|
| 3691 | + | 108.29 (1) is severe and chronic; |
---|
| 3692 | + | 108.30 (2) results in impairment of adaptive behavior and function similar to that of a person |
---|
| 3693 | + | 108.31with ASD; |
---|
| 3694 | + | 108.32 (3) requires treatment or services similar to those required for a person with ASD; and |
---|
| 3695 | + | 108Article 5 Sec. 12. |
---|
| 3696 | + | REVISOR DTT/HL 25-0033803/03/25 109.1 (4) results in substantial functional limitations in three core developmental deficits of |
---|
| 3697 | + | 109.2ASD: social or interpersonal interaction; functional communication, including nonverbal |
---|
| 3698 | + | 109.3or social communication; and restrictive or repetitive behaviors or hyperreactivity or |
---|
| 3699 | + | 109.4hyporeactivity to sensory input; and may include deficits or a high level of support in one |
---|
| 3700 | + | 109.5or more of the following domains: |
---|
| 3701 | + | 109.6 (i) behavioral challenges and self-regulation; |
---|
| 3702 | + | 109.7 (ii) cognition; |
---|
| 3703 | + | 109.8 (iii) learning and play; |
---|
| 3704 | + | 109.9 (iv) self-care; or |
---|
| 3705 | + | 109.10 (v) safety. |
---|
| 3706 | + | 109.11 (e) "Person" means a person under 21 years of age. |
---|
| 3707 | + | 109.12 (f) "Clinical supervision" means the overall responsibility for the control and direction |
---|
| 3708 | + | 109.13of EIDBI service delivery, including individual treatment planning, staff supervision, |
---|
| 3709 | + | 109.14individual treatment plan progress monitoring, and treatment review for each person. Clinical |
---|
| 3710 | + | 109.15supervision is provided by a qualified supervising professional (QSP) who takes full |
---|
| 3711 | + | 109.16professional responsibility for the service provided by each supervisee. |
---|
| 3712 | + | 109.17 (g) "Commissioner" means the commissioner of human services, unless otherwise |
---|
| 3713 | + | 109.18specified. |
---|
| 3714 | + | 109.19 (h) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive |
---|
| 3715 | + | 109.20evaluation of a person to determine medical necessity for EIDBI services based on the |
---|
| 3716 | + | 109.21requirements in subdivision 5. |
---|
| 3717 | + | 109.22 (i) "Department" means the Department of Human Services, unless otherwise specified. |
---|
| 3718 | + | 109.23 (j) "Early intensive developmental and behavioral intervention benefit" or "EIDBI |
---|
| 3719 | + | 109.24benefit" means a variety of individualized, intensive treatment modalities approved and |
---|
| 3720 | + | 109.25published by the commissioner that are based in behavioral and developmental science |
---|
| 3721 | + | 109.26consistent with best practices on effectiveness. |
---|
| 3722 | + | 109.27 (k) "Employee" means any person who is employed by an agency, including temporary |
---|
| 3723 | + | 109.28and part-time employees, and who performs work for at least 80 hours in a year for that |
---|
| 3724 | + | 109.29agency in Minnesota. Employee does not include an independent contractor. |
---|
| 3725 | + | 109.30 (k) (l) "Generalizable goals" means results or gains that are observed during a variety |
---|
| 3726 | + | 109.31of activities over time with different people, such as providers, family members, other adults, |
---|
| 3727 | + | 109Article 5 Sec. 12. |
---|
| 3728 | + | REVISOR DTT/HL 25-0033803/03/25 110.1and people, and in different environments including, but not limited to, clinics, homes, |
---|
| 3729 | + | 110.2schools, and the community. |
---|
| 3730 | + | 110.3 (l) (m) "Incident" means when any of the following occur: |
---|
| 3731 | + | 110.4 (1) an illness, accident, or injury that requires first aid treatment; |
---|
| 3732 | + | 110.5 (2) a bump or blow to the head; or |
---|
| 3733 | + | 110.6 (3) an unusual or unexpected event that jeopardizes the safety of a person or staff, |
---|
| 3734 | + | 110.7including a person leaving the agency unattended. |
---|
| 3735 | + | 110.8 (m) (n) "Individual treatment plan" or "ITP" means the person-centered, individualized |
---|
| 3736 | + | 110.9written plan of care that integrates and coordinates person and family information from the |
---|
| 3737 | + | 110.10CMDE for a person who meets medical necessity for the EIDBI benefit. An individual |
---|
| 3738 | + | 110.11treatment plan must meet the standards in subdivision 6. |
---|
| 3739 | + | 110.12 (n) (o) "Legal representative" means the parent of a child who is under 18 years of age, |
---|
| 3740 | + | 110.13a court-appointed guardian, or other representative with legal authority to make decisions |
---|
| 3741 | + | 110.14about service for a person. For the purpose of this subdivision, "other representative with |
---|
| 3742 | + | 110.15legal authority to make decisions" includes a health care agent or an attorney-in-fact |
---|
| 3743 | + | 110.16authorized through a health care directive or power of attorney. |
---|
| 3744 | + | 110.17 (o) (p) "Mental health professional" means a staff person who is qualified according to |
---|
| 3745 | + | 110.18section 245I.04, subdivision 2. |
---|
| 3746 | + | 110.19 (p) (q) "Person-centered" means a service that both responds to the identified needs, |
---|
| 3747 | + | 110.20interests, values, preferences, and desired outcomes of the person or the person's legal |
---|
| 3748 | + | 110.21representative and respects the person's history, dignity, and cultural background and allows |
---|
| 3749 | + | 110.22inclusion and participation in the person's community. |
---|
| 3750 | + | 110.23 (q) (r) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II, |
---|
| 3751 | + | 110.24or level III treatment provider. |
---|
| 3752 | + | 110.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 3753 | + | 110.26Sec. 13. Minnesota Statutes 2024, section 256B.85, subdivision 12, is amended to read: |
---|
| 3754 | + | 110.27 Subd. 12.Requirements for enrollment of CFSS agency-providers.(a) All CFSS |
---|
| 3755 | + | 110.28agency-providers must provide, at the time of enrollment, reenrollment, and revalidation |
---|
| 3756 | + | 110.29as a CFSS agency-provider in a format determined by the commissioner, information and |
---|
| 3757 | + | 110.30documentation that includes but is not limited to the following: |
---|
| 3758 | + | 110Article 5 Sec. 13. |
---|
| 3759 | + | REVISOR DTT/HL 25-0033803/03/25 111.1 (1) the CFSS agency-provider's current contact information including address, telephone |
---|
| 3760 | + | 111.2number, and email address; |
---|
| 3761 | + | 111.3 (2) proof of surety bond coverage. Upon new enrollment, or if the agency-provider's |
---|
| 3762 | + | 111.4Medicaid revenue in the previous calendar year is less than or equal to $300,000, the |
---|
| 3763 | + | 111.5agency-provider must purchase a surety bond of $50,000. If the agency-provider's Medicaid |
---|
| 3764 | + | 111.6revenue in the previous calendar year is greater than $300,000, the agency-provider must |
---|
| 3765 | + | 111.7purchase a surety bond of $100,000. The surety bond must be in a form approved by the |
---|
| 3766 | + | 111.8commissioner, must be renewed annually, and must allow for recovery of costs and fees in |
---|
| 3767 | + | 111.9pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions from a |
---|
| 3768 | + | 111.10surety bond must occur within six years from the date the debt is affirmed by a final agency |
---|
| 3769 | + | 111.11decision. An agency decision is final when the right to appeal the debt has been exhausted |
---|
| 3770 | + | 111.12or the time to appeal has expired under section 256B.064; |
---|
| 3771 | + | 111.13 (3) proof of fidelity bond coverage in the amount of $20,000 per provider location; |
---|
| 3772 | + | 111.14 (4) proof of workers' compensation insurance coverage; |
---|
| 3773 | + | 111.15 (5) proof of liability insurance; |
---|
| 3774 | + | 111.16 (6) a copy of the CFSS agency-provider's organizational chart identifying the names |
---|
| 3775 | + | 111.17and roles of all owners, managing employees, staff, board of directors, and additional |
---|
| 3776 | + | 111.18documentation reporting any affiliations of the directors and owners to other service |
---|
| 3777 | + | 111.19providers; |
---|
| 3778 | + | 111.20 (7) proof that the CFSS agency-provider has written policies and procedures including: |
---|
| 3779 | + | 111.21hiring of employees; training requirements; service delivery; and employee and consumer |
---|
| 3780 | + | 111.22safety, including the process for notification and resolution of participant grievances, incident |
---|
| 3781 | + | 111.23response, identification and prevention of communicable diseases, and employee misconduct; |
---|
| 3782 | + | 111.24 (8) proof that the CFSS agency-provider has all of the following forms and documents: |
---|
| 3783 | + | 111.25 (i) a copy of the CFSS agency-provider's time sheet; and |
---|
| 3784 | + | 111.26 (ii) a copy of the participant's individual CFSS service delivery plan; |
---|
| 3785 | + | 111.27 (9) a list of all training and classes that the CFSS agency-provider requires of its staff |
---|
| 3786 | + | 111.28providing CFSS services; |
---|
| 3787 | + | 111.29 (10) documentation that the CFSS agency-provider and staff have successfully completed |
---|
| 3788 | + | 111.30all the training required by this section; |
---|
| 3789 | + | 111.31 (11) documentation of the agency-provider's marketing practices; |
---|
| 3790 | + | 111Article 5 Sec. 13. |
---|
| 3791 | + | REVISOR DTT/HL 25-0033803/03/25 112.1 (12) disclosure of ownership, leasing, or management of all residential properties that |
---|
| 3792 | + | 112.2are used or could be used for providing home care services; |
---|
| 3793 | + | 112.3 (13) documentation that the agency-provider will use at least the following percentages |
---|
| 3794 | + | 112.4of revenue generated from the medical assistance rate paid for CFSS services for CFSS |
---|
| 3795 | + | 112.5support worker wages and benefits: 72.5 percent of revenue from CFSS providers, except |
---|
| 3796 | + | 112.6100 percent of the revenue generated by a medical assistance rate increase due to a collective |
---|
| 3797 | + | 112.7bargaining agreement under section 179A.54 must be used for support worker wages and |
---|
| 3798 | + | 112.8benefits. The revenue generated by the worker training and development services and the |
---|
| 3799 | + | 112.9reasonable costs associated with the worker training and development services shall not be |
---|
| 3800 | + | 112.10used in making this calculation; and |
---|
| 3801 | + | 112.11 (14) documentation that the agency-provider does not burden participants' free exercise |
---|
| 3802 | + | 112.12of their right to choose service providers by requiring CFSS support workers to sign an |
---|
| 3803 | + | 112.13agreement not to work with any particular CFSS participant or for another CFSS |
---|
| 3804 | + | 112.14agency-provider after leaving the agency and that the agency is not taking action on any |
---|
| 3805 | + | 112.15such agreements or requirements regardless of the date signed. |
---|
| 3806 | + | 112.16 (b) CFSS agency-providers shall provide to the commissioner the information specified |
---|
| 3807 | + | 112.17in paragraph (a). |
---|
| 3808 | + | 112.18 (c) All CFSS agency-providers shall require all employees in management and |
---|
| 3809 | + | 112.19supervisory positions and owners of the agency who are active in the day-to-day management |
---|
| 3810 | + | 112.20and operations of the agency to complete mandatory training as determined by the |
---|
| 3811 | + | 112.21commissioner. Employees in management and supervisory positions and owners who are |
---|
| 3812 | + | 112.22active in the day-to-day operations of an agency who have completed the required training |
---|
| 3813 | + | 112.23as an employee with a CFSS agency-provider do not need to repeat the required training if |
---|
| 3814 | + | 112.24they are hired by another agency and they have completed the training within the past three |
---|
| 3815 | + | 112.25years. CFSS agency-provider billing staff shall complete training about CFSS program |
---|
| 3816 | + | 112.26financial management. Any new owners or employees in management and supervisory |
---|
| 3817 | + | 112.27positions involved in the day-to-day operations are required to complete mandatory training |
---|
| 3818 | + | 112.28as a requisite of working for the agency. |
---|
| 3819 | + | 112.29 (d) Agency-providers shall submit all required documentation in this section within 30 |
---|
| 3820 | + | 112.30days of notification from the commissioner. If an agency-provider fails to submit all the |
---|
| 3821 | + | 112.31required documentation, the commissioner may take action under subdivision 23a. |
---|
| 3822 | + | 112.32 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3823 | + | 112Article 5 Sec. 13. |
---|
| 3824 | + | REVISOR DTT/HL 25-0033803/03/25 113.1 ARTICLE 6 |
---|
| 3825 | + | 113.2 HEALTH-RELATED LICENSING BOARDS |
---|
| 3826 | + | 113.3Section 1. Minnesota Statutes 2024, section 144A.291, subdivision 2, is amended to read: |
---|
| 3827 | + | 113.4 Subd. 2.Amounts.(a) Fees may not exceed the following amounts but may be adjusted |
---|
| 3828 | + | 113.5lower by board direction and are for the exclusive use of the board as required to sustain |
---|
| 3829 | + | 113.6board operations. The maximum amounts of fees are: |
---|
| 3830 | + | 113.7 (1) application for licensure, $200 $300; |
---|
| 3831 | + | 113.8 (2) for a prospective applicant for a review of education and experience advisory to the |
---|
| 3832 | + | 113.9license application, $100, to be applied to the fee for application for licensure if the latter |
---|
| 3833 | + | 113.10is submitted within one year of the request for review of education and experience; |
---|
| 3834 | + | 113.11 (3) state examination, $125 $200; |
---|
| 3835 | + | 113.12 (4) initial license, $250 if issued between July 1 and December 31, $100 if issued between |
---|
| 3836 | + | 113.13January 1 and June 30 $300; |
---|
| 3837 | + | 113.14 (5) acting permit, $400; |
---|
| 3838 | + | 113.15 (6) renewal license, $250; |
---|
| 3839 | + | 113.16 (7) duplicate license, $50; |
---|
| 3840 | + | 113.17 (8) reinstatement fee, $250; |
---|
| 3841 | + | 113.18 (9) health services executive initial license, $250 $300; |
---|
| 3842 | + | 113.19 (10) health services executive renewal license, $250 $300; |
---|
| 3843 | + | 113.20 (11) reciprocity verification fee, $50; |
---|
| 3844 | + | 113.21 (12) second shared assignment, $250; |
---|
| 3845 | + | 113.22 (13) continuing education fees: |
---|
| 3846 | + | 113.23 (i) greater than six hours, $50; and |
---|
| 3847 | + | 113.24 (ii) seven hours or more, $75; |
---|
| 3848 | + | 113.25 (14) education review, $100; |
---|
| 3849 | + | 113.26 (15) fee to a sponsor for review of individual continuing education seminars, institutes, |
---|
| 3850 | + | 113.27workshops, or home study courses: |
---|
| 3851 | + | 113.28 (i) for less than seven clock hours, $30; and |
---|
| 3852 | + | 113.29 (ii) for seven or more clock hours, $50; |
---|
| 3853 | + | 113Article 6 Section 1. |
---|
| 3854 | + | REVISOR DTT/HL 25-0033803/03/25 114.1 (16) fee to a licensee for review of continuing education seminars, institutes, workshops, |
---|
| 3855 | + | 114.2or home study courses not previously approved for a sponsor and submitted with an |
---|
| 3856 | + | 114.3application for license renewal: |
---|
| 3857 | + | 114.4 (i) for less than seven clock hours total, $30; and |
---|
| 3858 | + | 114.5 (ii) for seven or more clock hours total, $50; |
---|
| 3859 | + | 114.6 (17) late renewal fee, $75; |
---|
| 3860 | + | 114.7 (18) fee to a licensee for verification of licensure status and examination scores, $30; |
---|
| 3861 | + | 114.8 (19) registration as a registered continuing education sponsor, $1,000; |
---|
| 3862 | + | 114.9 (20) mail labels, $75; and |
---|
| 3863 | + | 114.10 (21) annual assisted living program education provider fee, $2,500. |
---|
| 3864 | + | 114.11 (b) The revenue generated from the fees must be deposited in an account in the state |
---|
| 3865 | + | 114.12government special revenue fund. |
---|
| 3866 | + | 114.13 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3867 | + | 114.14Sec. 2. Minnesota Statutes 2024, section 144E.123, subdivision 3, is amended to read: |
---|
| 3868 | + | 114.15 Subd. 3.Review.(a) Prehospital care data may be reviewed by the director or its |
---|
| 3869 | + | 114.16designees. The data shall be classified as private data on individuals under chapter 13, the |
---|
| 3870 | + | 114.17Minnesota Government Data Practices Act. |
---|
| 3871 | + | 114.18 (b) The director may share incident-level location data with the Washington/Baltimore |
---|
| 3872 | + | 114.19High Intensity Drug Trafficking Area's Overdose Detection Mapping Application Program |
---|
| 3873 | + | 114.20(ODMAP) if the ODMAP has the ability to: |
---|
| 3874 | + | 114.21 (1) allow secure access to the ODMAP system by authorized users to report information |
---|
| 3875 | + | 114.22about an overdose incident; |
---|
| 3876 | + | 114.23 (2) allow secure access to the ODMAP system by authorized users to view, in near |
---|
| 3877 | + | 114.24real-time, certain information about the overdose incidents reported; |
---|
| 3878 | + | 114.25 (3) produce a map in near real-time of the approximate locations of confirmed or |
---|
| 3879 | + | 114.26suspected overdose incidents reports; and |
---|
| 3880 | + | 114.27 (4) enable access to overdose incident information that assists in state and local decisions |
---|
| 3881 | + | 114.28regarding the allocation of public health, public safety, and educational resources for the |
---|
| 3882 | + | 114.29purposes of monitoring and reporting data related to suspected overdoses. |
---|
| 3883 | + | 114.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 3884 | + | 114Article 6 Sec. 2. |
---|
| 3885 | + | REVISOR DTT/HL 25-0033803/03/25 115.1Sec. 3. Minnesota Statutes 2024, section 148.108, subdivision 1, is amended to read: |
---|
| 3886 | + | 115.2 Subdivision 1.Fees.In addition to the fees established in Minnesota Rules, chapter |
---|
| 3887 | + | 115.32500, The board is authorized to charge the fees in this section. |
---|
| 3888 | + | 115.4 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3889 | + | 115.5Sec. 4. Minnesota Statutes 2024, section 148.108, is amended by adding a subdivision to |
---|
| 3890 | + | 115.6read: |
---|
| 3891 | + | 115.7 Subd. 5.Chiropractic license fees.Fees for chiropractic licensure must not exceed the |
---|
| 3892 | + | 115.8following amounts but may be adjusted lower by board action: |
---|
| 3893 | + | 115.9 (1) initial application for licensure fee, $600; |
---|
| 3894 | + | 115.10 (2) annual renewal of an active license fee, $400; |
---|
| 3895 | + | 115.11 (3) annual renewal of an inactive license fee, 75 percent of the current active license |
---|
| 3896 | + | 115.12renewal fee under clause (2); |
---|
| 3897 | + | 115.13 (4) late renewal penalty fee, $150 per month late; and |
---|
| 3898 | + | 115.14 (5) application for reinstatement of a voluntarily retired or inactive license fee, $100. |
---|
| 3899 | + | 115.15 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3900 | + | 115.16Sec. 5. Minnesota Statutes 2024, section 148.108, is amended by adding a subdivision to |
---|
| 3901 | + | 115.17read: |
---|
| 3902 | + | 115.18 Subd. 6.Acupuncture registration fees.Fees for acupuncture registration must not |
---|
| 3903 | + | 115.19exceed the following amounts but may be adjusted lower by board action: |
---|
| 3904 | + | 115.20 (1) initial application acupuncture registration fee, $400; |
---|
| 3905 | + | 115.21 (2) annual renewal of active acupuncture registration fee, $200; |
---|
| 3906 | + | 115.22 (3) annual renewal of inactive acupuncture registration fee, 75 percent of the current |
---|
| 3907 | + | 115.23active acupuncture registration renewal fee under clause (2); and |
---|
| 3908 | + | 115.24 (4) reinstatement of nonrenewed acupuncture registration fee, $400. |
---|
| 3909 | + | 115.25 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3910 | + | 115Article 6 Sec. 5. |
---|
| 3911 | + | REVISOR DTT/HL 25-0033803/03/25 116.1Sec. 6. Minnesota Statutes 2024, section 148.108, is amended by adding a subdivision to |
---|
| 3912 | + | 116.2read: |
---|
| 3913 | + | 116.3 Subd. 7.Independent examiner registration fees.Fees for independent examiner |
---|
| 3914 | + | 116.4registration must not exceed the following amounts but may be adjusted lower by board |
---|
| 3915 | + | 116.5action: |
---|
| 3916 | + | 116.6 (1) initial application independent examiner registration fee, $400; |
---|
| 3917 | + | 116.7 (2) annual renewal of independent examiner registration fee, $200; and |
---|
| 3918 | + | 116.8 (3) reinstatement of nonrenewed independent examiner registration fee, $400. |
---|
| 3919 | + | 116.9 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3920 | + | 116.10Sec. 7. Minnesota Statutes 2024, section 148.108, is amended by adding a subdivision to |
---|
| 3921 | + | 116.11read: |
---|
| 3922 | + | 116.12 Subd. 8.Animal chiropractic registration fees.Fees for animal chiropractic registration |
---|
| 3923 | + | 116.13must not exceed the following amounts but may be adjusted lower by board action: |
---|
| 3924 | + | 116.14 (1) initial application animal chiropractic registration fee, $400; |
---|
| 3925 | + | 116.15 (2) annual renewal of active animal chiropractic registration fee, $200; |
---|
| 3926 | + | 116.16 (3) annual renewal of inactive animal chiropractic registration fee, 75 percent of the |
---|
| 3927 | + | 116.17current active animal chiropractic renewal fee under clause (2); and |
---|
| 3928 | + | 116.18 (4) reinstatement of nonrenewed animal chiropractic registration fee, $400. |
---|
| 3929 | + | 116.19 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3930 | + | 116.20Sec. 8. Minnesota Statutes 2024, section 148.108, is amended by adding a subdivision to |
---|
| 3931 | + | 116.21read: |
---|
| 3932 | + | 116.22 Subd. 9.Graduate preceptorship registration fee.The application fee for graduate |
---|
| 3933 | + | 116.23preceptorship registration is an amount not to exceed $500, but may be adjusted lower by |
---|
| 3934 | + | 116.24board action. |
---|
| 3935 | + | 116.25 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3936 | + | 116Article 6 Sec. 8. |
---|
| 3937 | + | REVISOR DTT/HL 25-0033803/03/25 117.1Sec. 9. Minnesota Statutes 2024, section 148.108, is amended by adding a subdivision to |
---|
| 3938 | + | 117.2read: |
---|
| 3939 | + | 117.3 Subd. 10.Professional firm registration fees.In addition to fees authorized under |
---|
| 3940 | + | 117.4chapter 319B, the late renewal penalty fee for professional firm registration is $5 per month |
---|
| 3941 | + | 117.5late. |
---|
| 3942 | + | 117.6 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3943 | + | 117.7Sec. 10. Minnesota Statutes 2024, section 148.108, is amended by adding a subdivision |
---|
| 3944 | + | 117.8to read: |
---|
| 3945 | + | 117.9 Subd. 11.Miscellaneous fees.Fees under this subdivision must not exceed the following |
---|
| 3946 | + | 117.10amounts but may be adjusted lower by board action: |
---|
| 3947 | + | 117.11 (1) annual continuing education sponsorship fee, $1,000; |
---|
| 3948 | + | 117.12 (2) individual continuing education seminar sponsorship fee, $400; |
---|
| 3949 | + | 117.13 (3) mailing list request fee, $500; |
---|
| 3950 | + | 117.14 (4) license verification fee, $50; |
---|
| 3951 | + | 117.15 (5) duplicate certificate fee, $50; and |
---|
| 3952 | + | 117.16 (6) document copies fee, $0.25 per side of document page. |
---|
| 3953 | + | 117.17 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 3954 | + | 117.18Sec. 11. Minnesota Statutes 2024, section 148B.53, subdivision 3, is amended to read: |
---|
| 3955 | + | 117.19 Subd. 3.Fee Fees.Nonrefundable fees are as follows: |
---|
| 3956 | + | 117.20 (1) initial license application fee for licensed professional counseling (LPC) - $150; |
---|
| 3957 | + | 117.21 (2) initial license fee for LPC - $250; |
---|
| 3958 | + | 117.22 (3) annual active license renewal fee for LPC - $250 or equivalent; |
---|
| 3959 | + | 117.23 (4) annual inactive license renewal fee for LPC - $125; |
---|
| 3960 | + | 117.24 (5) initial license application fee for licensed professional clinical counseling (LPCC) - |
---|
| 3961 | + | 117.25$150; |
---|
| 3962 | + | 117.26 (6) initial license fee for LPCC - $250; |
---|
| 3963 | + | 117.27 (7) annual active license renewal fee for LPCC - $250 or equivalent; |
---|
| 3964 | + | 117.28 (8) annual inactive license renewal fee for LPCC - $125; |
---|
| 3965 | + | 117Article 6 Sec. 11. |
---|
| 3966 | + | REVISOR DTT/HL 25-0033803/03/25 118.1 (9) license renewal late fee - $100 per month or portion thereof; |
---|
| 3967 | + | 118.2 (10) copy of board order or stipulation - $10; |
---|
| 3968 | + | 118.3 (11) certificate of good standing or license verification - $25; |
---|
| 3969 | + | 118.4 (12) duplicate certificate fee - $25; |
---|
| 3970 | + | 118.5 (13) professional firm renewal fee - $25; |
---|
| 3971 | + | 118.6 (14) sponsor application for approval of a continuing education course - $60; |
---|
| 3972 | + | 118.7 (15) initial registration fee - $50; |
---|
| 3973 | + | 118.8 (16) annual registration renewal fee - $25; |
---|
| 3974 | + | 118.9 (17) approved supervisor application processing fee - $30; and |
---|
| 3975 | + | 118.10 (18) temporary license for members of the military - $250; and |
---|
| 3976 | + | 118.11 (19) interstate compact privilege to practice fee - not to exceed $100. |
---|
| 3977 | + | 118.12 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 3978 | + | 118.13Sec. 12. Minnesota Statutes 2024, section 148E.180, subdivision 1, is amended to read: |
---|
| 3979 | + | 118.14 Subdivision 1.Application fees.(a) Nonrefundable application fees for licensure may |
---|
| 3980 | + | 118.15not exceed the following amounts but may be adjusted lower by board action: |
---|
| 3981 | + | 118.16 (1) for a licensed social worker, $75; |
---|
| 3982 | + | 118.17 (2) for a licensed graduate social worker, $75; |
---|
| 3983 | + | 118.18 (3) for a licensed independent social worker, $75; |
---|
| 3984 | + | 118.19 (4) for a licensed independent clinical social worker, $75; |
---|
| 3985 | + | 118.20 (5) for a temporary license, $50; and |
---|
| 3986 | + | 118.21 (6) for a license by endorsement, $115; and |
---|
| 3987 | + | 118.22 (7) for a compact multistate license, $75. |
---|
| 3988 | + | 118.23 (b) The fee for criminal background checks is the fee charged by the Bureau of Criminal |
---|
| 3989 | + | 118.24Apprehension. The criminal background check fee must be included with the application |
---|
| 3990 | + | 118.25fee as required according to section 148E.055. |
---|
| 3991 | + | 118.26 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 3992 | + | 118Article 6 Sec. 12. |
---|
| 3993 | + | REVISOR DTT/HL 25-0033803/03/25 119.1Sec. 13. Minnesota Statutes 2024, section 148E.180, is amended by adding a subdivision |
---|
| 3994 | + | 119.2to read: |
---|
| 3995 | + | 119.3 Subd. 2a.Compact multistate license fees.Nonrefundable compact multistate license |
---|
| 3996 | + | 119.4fees must not exceed the following amounts but may be adjusted lower by board action: |
---|
| 3997 | + | 119.5 (1) for a licensed social worker, $115; |
---|
| 3998 | + | 119.6 (2) for a licensed graduate social worker, $210; |
---|
| 3999 | + | 119.7 (3) for a licensed independent social worker, $305; and |
---|
| 4000 | + | 119.8 (4) for a licensed independent clinical social worker, $335. |
---|
| 4001 | + | 119.9 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 4002 | + | 119.10Sec. 14. Minnesota Statutes 2024, section 148E.180, is amended by adding a subdivision |
---|
| 4003 | + | 119.11to read: |
---|
| 4004 | + | 119.12 Subd. 3a.Compact multistate renewal fees.Nonrefundable renewal fees for compact |
---|
| 4005 | + | 119.13multistate licensure must not exceed the following amounts but may be adjusted lower by |
---|
| 4006 | + | 119.14board action: |
---|
| 4007 | + | 119.15 (1) for a licensed social worker, $115; |
---|
| 4008 | + | 119.16 (2) for a licensed graduate social worker, $210; |
---|
| 4009 | + | 119.17 (3) for a licensed independent social worker, $305; and |
---|
| 4010 | + | 119.18 (4) for a licensed independent clinical social worker, $335. |
---|
| 4011 | + | 119.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 4012 | + | 119.20Sec. 15. Minnesota Statutes 2024, section 148E.180, subdivision 5, is amended to read: |
---|
| 4013 | + | 119.21 Subd. 5.Late fees.Late fees are the following nonrefundable amounts: |
---|
| 4014 | + | 119.22 (1) renewal late fee, one-fourth of the applicable renewal fee specified in subdivision |
---|
| 4015 | + | 119.23subdivisions 3 and 3a; |
---|
| 4016 | + | 119.24 (2) supervision plan late fee, $40; and |
---|
| 4017 | + | 119.25 (3) license late fee, $100 plus the prorated share of the applicable license fee fees specified |
---|
| 4018 | + | 119.26in subdivision subdivisions 2 and 2a for the number of months during which the individual |
---|
| 4019 | + | 119.27practiced social work without a license. |
---|
| 4020 | + | 119.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 4021 | + | 119Article 6 Sec. 15. |
---|
| 4022 | + | REVISOR DTT/HL 25-0033803/03/25 120.1Sec. 16. Minnesota Statutes 2024, section 148E.180, subdivision 7, is amended to read: |
---|
| 4023 | + | 120.2 Subd. 7.Reactivation fees.Reactivation fees are the following nonrefundable amounts: |
---|
| 4024 | + | 120.3 (1) reactivation from a temporary leave or emeritus status, the prorated share of the |
---|
| 4025 | + | 120.4renewal fee specified in subdivision 3; and |
---|
| 4026 | + | 120.5 (2) reactivation of an expired license, 1-1/2 times the applicable renewal fees specified |
---|
| 4027 | + | 120.6in subdivision subdivisions 3 and 3a. |
---|
| 4028 | + | 120.7 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 4029 | + | 120.8Sec. 17. [153.30] FEES. |
---|
| 4030 | + | 120.9 Subdivision 1.Nonrefundable fees.The fees in this section are nonrefundable. |
---|
| 4031 | + | 120.10 Subd. 2.Fee amounts.The amount of fees must be set by the board so that the total |
---|
| 4032 | + | 120.11fees collected by the board equals as closely as possible the anticipated expenditures during |
---|
| 4033 | + | 120.12the fiscal biennium, as provided in section 16A.1285. Fees must not exceed the following |
---|
| 4034 | + | 120.13amounts but may be adjusted lower by board action: |
---|
| 4035 | + | 120.14 (1) application for licensure fee, $1,000; |
---|
| 4036 | + | 120.15 (2) renewal licensure fee, $1,000; |
---|
| 4037 | + | 120.16 (3) late renewal fee, $250; |
---|
| 4038 | + | 120.17 (4) temporary permit fee, $250; |
---|
| 4039 | + | 120.18 (5) duplicate license fee or duplicate renewal certificate fee, $25; |
---|
| 4040 | + | 120.19 (6) reinstatement fee, $1,250; |
---|
| 4041 | + | 120.20 (7) examination administration fee for persons who have not applied for a license or |
---|
| 4042 | + | 120.21permit, $50; |
---|
| 4043 | + | 120.22 (8) verification of licensure fee, $50; |
---|
| 4044 | + | 120.23 (9) label fee, $50; |
---|
| 4045 | + | 120.24 (10) list of licensees fee, $50; and |
---|
| 4046 | + | 120.25 (11) copies fee, $0.50 per page. |
---|
| 4047 | + | 120.26 Subd. 3.Current fee information.Information about fees in effect at any time must |
---|
| 4048 | + | 120.27be available from the board office. |
---|
| 4049 | + | 120.28 Subd. 4.Deposit of fees.The license fees collected under this section must be deposited |
---|
| 4050 | + | 120.29in the state government special revenue fund. |
---|
| 4051 | + | 120Article 6 Sec. 17. |
---|
| 4052 | + | REVISOR DTT/HL 25-0033803/03/25 121.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 4053 | + | 121.2Sec. 18. Minnesota Statutes 2024, section 153B.85, subdivision 1, is amended to read: |
---|
| 4054 | + | 121.3 Subdivision 1.Fees.(a) The application fee for initial licensure shall not exceed $600. |
---|
| 4055 | + | 121.4 (b) The biennial renewal fee for a license to practice as an orthotist, prosthetist, prosthetist |
---|
| 4056 | + | 121.5orthotist, or pedorthist shall not exceed $600. |
---|
| 4057 | + | 121.6 (c) The biennial renewal fee for a license to practice as an assistant or a fitter shall not |
---|
| 4058 | + | 121.7exceed $300. |
---|
| 4059 | + | 121.8 (d) The fee for license restoration shall not exceed $600. |
---|
| 4060 | + | 121.9 (e) The fee for license verification shall not exceed $30 $50. |
---|
| 4061 | + | 121.10 (f) The fee to obtain a list of licensees shall not exceed $25 $50. |
---|
| 4062 | + | 121.11 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 4063 | + | 121.12Sec. 19. Minnesota Statutes 2024, section 153B.85, subdivision 3, is amended to read: |
---|
| 4064 | + | 121.13 Subd. 3.Late fee.The fee for late license renewal is the license renewal fee in effect at |
---|
| 4065 | + | 121.14the time of renewal plus $100 $250. |
---|
| 4066 | + | 121.15 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 4067 | + | 121.16Sec. 20. Minnesota Statutes 2024, section 156.015, is amended by adding a subdivision |
---|
| 4068 | + | 121.17to read: |
---|
| 4069 | + | 121.18 Subd. 1a.Nonrefundable fees.All fees are nonrefundable. |
---|
| 4070 | + | 121.19 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 4071 | + | 121.20Sec. 21. Minnesota Statutes 2024, section 156.015, is amended by adding a subdivision |
---|
| 4072 | + | 121.21to read: |
---|
| 4073 | + | 121.22 Subd. 3.Fee amounts.Fees must not exceed the following amounts but may be adjusted |
---|
| 4074 | + | 121.23lower by board action: |
---|
| 4075 | + | 121.24 (1) initial application fee, $75; |
---|
| 4076 | + | 121.25 (2) state examination fee, $75; |
---|
| 4077 | + | 121.26 (3) duplicate license fee, $25; |
---|
| 4078 | + | 121.27 (4) continuing education sponsor application fee, $75; |
---|
| 4079 | + | 121Article 6 Sec. 21. |
---|
| 4080 | + | REVISOR DTT/HL 25-0033803/03/25 122.1 (5) mailing list fee, $250; |
---|
| 4081 | + | 122.2 (6) initial veterinary license fee, $300; |
---|
| 4082 | + | 122.3 (7) initial veterinary technician fee, $100; |
---|
| 4083 | + | 122.4 (8) active veterinary renewal fee, $300; |
---|
| 4084 | + | 122.5 (9) active veterinary technician renewal fee, $100; |
---|
| 4085 | + | 122.6 (10) inactive veterinary renewal fee, $150; |
---|
| 4086 | + | 122.7 (11) inactive veterinary technician renewal fee, $50; |
---|
| 4087 | + | 122.8 (12) institutional license fee, $300; |
---|
| 4088 | + | 122.9 (13) active late veterinary renewal fee, $150; |
---|
| 4089 | + | 122.10 (14) active late veterinary technician renewal fee, $50; |
---|
| 4090 | + | 122.11 (15) inactive late veterinary renewal fee, $100; |
---|
| 4091 | + | 122.12 (16) inactive late veterinary technician renewal fee, $25; and |
---|
| 4092 | + | 122.13 (17) institutional late renewal fee, $150. |
---|
| 4093 | + | 122.14 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 4094 | + | 122.15Sec. 22. Minnesota Statutes 2024, section 156.015, is amended by adding a subdivision |
---|
| 4095 | + | 122.16to read: |
---|
| 4096 | + | 122.17 Subd. 4.License verification.The board may charge a fee not to exceed $25 per license |
---|
| 4097 | + | 122.18verification to a licensee for verification of licensure status provided to other veterinary |
---|
| 4098 | + | 122.19licensing boards. |
---|
| 4099 | + | 122.20 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 4100 | + | 122.21Sec. 23. Minnesota Statutes 2024, section 156.015, is amended by adding a subdivision |
---|
| 4101 | + | 122.22to read: |
---|
| 4102 | + | 122.23 Subd. 5.Deposit of fees.The license fees collected under this section must be deposited |
---|
| 4103 | + | 122.24in the state government special revenue fund. |
---|
| 4104 | + | 122.25Sec. 24. Laws 2024, chapter 127, article 67, section 4, is amended to read: |
---|
| 4105 | + | 122.26Sec. 4. BOARD OF PHARMACY |
---|
| 4106 | + | 122Article 6 Sec. 24. |
---|
| 4107 | + | REVISOR DTT/HL 25-0033803/03/25 123.1 Appropriations by Fund |
---|
| 4108 | + | -0-1,500,000123.2General |
---|
| 4109 | + | 27,000-0- |
---|
| 4110 | + | 123.3State Government |
---|
| 4111 | + | 123.4Special Revenue |
---|
| 4112 | + | 123.5(a) Legal Costs. $1,500,000 in fiscal year |
---|
| 4113 | + | 123.62024 is from the general fund for legal costs. |
---|
| 4114 | + | 123.7This is a onetime appropriation and is |
---|
| 4115 | + | 123.8available until June 30, 2027. |
---|
| 4116 | + | 123.9(b) Base Level Adjustment. The state |
---|
| 4117 | + | 123.10government special revenue fund base is |
---|
| 4118 | + | 123.11increased by $27,000 in fiscal year 2026 and |
---|
| 4119 | + | 123.12increased by $27,000 in fiscal year 2027. |
---|
| 4120 | + | 123.13 EFFECTIVE DATE.This section is effective June 30, 2025. |
---|
| 4121 | + | 123.14Sec. 25. RULEMAKING. |
---|
| 4122 | + | 123.15 The Board of Chiropractic Examiners must adopt rules using the expedited process under |
---|
| 4123 | + | 123.16Minnesota Statutes, section 14.389, that amend Minnesota Rules, chapter 2500, to conform |
---|
| 4124 | + | 123.17with the changes made in this act. |
---|
| 4125 | + | 123.18 EFFECTIVE DATE.This section is effective July 1, 2025. |
---|
| 4126 | + | 123.19Sec. 26. REPEALER. |
---|
| 4127 | + | 123.20 (a) Minnesota Statutes 2024, sections 148.108, subdivisions 2, 3, and 4; and 156.015, |
---|
| 4128 | + | 123.21subdivision 1, are repealed. |
---|
| 4129 | + | 123.22 (b) Minnesota Rules, parts 2500.1150; 2500.2030; 9100.0400, subparts 1 and 3; |
---|
| 4130 | + | 123.239100.0500; and 9100.0600, are repealed. |
---|
| 4131 | + | 123.24 (c) Minnesota Rules, part 6900.0250, subparts 1 and 2, are repealed. |
---|
| 4132 | + | 123.25 EFFECTIVE DATE.Paragraphs (a) and (b) are effective July 1, 2025. Paragraph (c) |
---|
| 4133 | + | 123.26is effective the day following final enactment. |
---|
| 4134 | + | 123.27 ARTICLE 7 |
---|
| 4135 | + | 123.28 FORECAST ADJUSTMENTS |
---|
| 4136 | + | 123.29Section 1. DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT. |
---|
| 4137 | + | 123.30 The dollar amounts shown in the columns marked "Appropriations" are added to or, if |
---|
| 4138 | + | 123.31shown in parentheses, are subtracted from the appropriations in Laws 2023, chapter 70, |
---|
| 4139 | + | 123Article 7 Section 1. |
---|
| 4140 | + | REVISOR DTT/HL 25-0033803/03/25 124.1article 20, from the general fund, or any other fund named, to the commissioner of human |
---|
| 4141 | + | 124.2services for the purposes specified in this article, to be available for the fiscal year indicated |
---|
| 4142 | + | 124.3for each purpose. The figure "2025" used in this article means that the appropriations listed |
---|
| 4143 | + | 124.4are available for the fiscal year ending June 30, 2025. |
---|
| 4144 | + | 124.5 APPROPRIATIONS |
---|
| 4145 | + | 124.6 Available for the Year |
---|
| 4146 | + | 124.7 Ending June 30 |
---|
| 4147 | + | 124.8 2025 |
---|
| 4148 | + | 124.9Sec. 2. COMMISSIONER OF HUMAN |
---|
| 4149 | + | 124.10SERVICES |
---|
| 4150 | + | (224,693,000)$124.11Subdivision 1.Total Appropriation |
---|
| 4151 | + | 124.12 Appropriations by Fund |
---|
| 4152 | + | 124.13 2025 |
---|
| 4153 | + | (202,264,000)124.14General |
---|
| 4154 | + | (17,144,000)124.15Health Care Access |
---|
| 4155 | + | (5,285,000)124.16Federal TANF |
---|
| 4156 | + | 124.17Subd. 2.Forecasted Programs |
---|
| 4157 | + | 124.18(a) Minnesota Family |
---|
| 4158 | + | 124.19Investment Program |
---|
| 4159 | + | 124.20(MFIP)/Diversionary Work |
---|
| 4160 | + | 124.21Program (DWP) |
---|
| 4161 | + | 124.22 Appropriations by Fund |
---|
| 4162 | + | 124.23 2025 |
---|
| 4163 | + | (5,238,000)124.24General |
---|
| 4164 | + | (5,285,000)124.25Federal TANF |
---|
| 4165 | + | (57,918,000)124.26(b) MFIP Child Care Assistance |
---|
| 4166 | + | 1,932,000124.27(c) General Assistance |
---|
| 4167 | + | 3,278,000124.28(d) Minnesota Supplemental Aid |
---|
| 4168 | + | 9,569,000124.29(e) Housing Support |
---|
| 4169 | + | (9,006,000)124.30(f) Northstar Care for Children |
---|
| 4170 | + | (16,701,000)124.31(g) MinnesotaCare |
---|
| 4171 | + | 124.32This appropriation is from the health care |
---|
| 4172 | + | 124.33access fund. |
---|
| 4173 | + | 124.34(h) Medical Assistance |
---|
| 4174 | + | 124Article 7 Sec. 2. |
---|
| 4175 | + | REVISOR DTT/HL 25-0033803/03/25 125.1 Appropriations by Fund |
---|
| 4176 | + | 125.2 2025 |
---|
| 4177 | + | (155,544,000)125.3General |
---|
| 4178 | + | (443,000)125.4Health Care Access |
---|
| 4179 | + | 10,633,000125.5(i) Behavioral Health Fund |
---|
| 4180 | + | 125.6Sec. 3. EFFECTIVE DATE. |
---|
| 4181 | + | 125.7 Sections 1 and 2 are effective the day following final enactment. |
---|
| 4182 | + | 125.8 ARTICLE 8 |
---|
| 4183 | + | 125.9 DEPARTMENT OF HEALTH APPROPRIATIONS |
---|
| 4184 | + | 125.10Section 1. HEALTH APPROPRIATIONS. |
---|
| 4185 | + | 125.11 The sums shown in the columns marked "Appropriations" are appropriated to the |
---|
| 4186 | + | 125.12commissioner of health for the purposes specified in this article. The appropriations are |
---|
| 4187 | + | 125.13from the general fund, or another named fund, and are available for the fiscal years indicated |
---|
| 4188 | + | 125.14for each purpose. The figures "2026" and "2027" used in this article mean that the |
---|
| 4189 | + | 125.15appropriations listed under them are available for the fiscal year ending June 30, 2026, or |
---|
| 4190 | + | 125.16June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is fiscal |
---|
| 4191 | + | 125.17year 2027. "The biennium" is fiscal years 2026 and 2027. |
---|
| 4192 | + | 125.18 APPROPRIATIONS |
---|
| 4193 | + | 125.19 Available for the Year |
---|
| 4194 | + | 125.20 Ending June 30 |
---|
| 4195 | + | 2027125.21 2026 |
---|
| 4196 | + | 433,094,000$435,545,000$125.22Sec. 2. TOTAL APPROPRIATION |
---|
| 4197 | + | 125.23 Appropriations by Fund |
---|
| 4198 | + | 2027125.24 2026 |
---|
| 4199 | + | 269,015,000270,286,000125.25General |
---|
| 4200 | + | 98,547,00098,781,000 |
---|
| 4201 | + | 125.26State Government |
---|
| 4202 | + | 125.27Special Revenue |
---|
| 4203 | + | 53,819,00054,765,000125.28Health Care Access |
---|
| 4204 | + | 11,713,00011,713,000125.29Federal TANF |
---|
| 4205 | + | 125.30The amounts that may be spent for each |
---|
| 4206 | + | 125.31purpose are specified in this article. |
---|
| 4207 | + | 125Article 8 Sec. 2. |
---|
| 4208 | + | REVISOR DTT/HL 25-0033803/03/25 126.1Sec. 3. HEALTH IMPROVEMENT |
---|
| 4209 | + | 288,655,000$291,524,000$126.2Subdivision 1.Total Appropriation |
---|
| 4210 | + | 126.3 Appropriations by Fund |
---|
| 4211 | + | 213,865,000215,788,000126.4General |
---|
| 4212 | + | 9,258,0009,258,000 |
---|
| 4213 | + | 126.5State Government |
---|
| 4214 | + | 126.6Special Revenue |
---|
| 4215 | + | 53,819,00054,765,000126.7Health Care Access |
---|
| 4216 | + | 11,713,00011,713,000126.8Federal TANF |
---|
| 4217 | + | 126.9Subd. 2.Substance Use Treatment, Recovery, |
---|
| 4218 | + | 126.10and Prevention Grants |
---|
| 4219 | + | 126.11$3,000,000 in fiscal year 2026 and $3,000,000 |
---|
| 4220 | + | 126.12in fiscal year 2027 are for the purposes of |
---|
| 4221 | + | 126.13Minnesota Statutes, section 342.72. |
---|
| 4222 | + | 126.14Subd. 3.Local and Tribal Public Health |
---|
| 4223 | + | 126.15Cannabis Grants |
---|
| 4224 | + | 126.16$8,850,000 in fiscal year 2026 and $8,850,000 |
---|
| 4225 | + | 126.17in fiscal year 2027 are for administration and |
---|
| 4226 | + | 126.18grants under Minnesota Statutes, section |
---|
| 4227 | + | 126.19144.197, subdivision 4. Of the amount |
---|
| 4228 | + | 126.20appropriated, $1,094,000 each year is for |
---|
| 4229 | + | 126.21administration and $7,756,000 each year is |
---|
| 4230 | + | 126.22for grants. |
---|
| 4231 | + | 126.23Sec. 4. HEALTH PROTECTION |
---|
| 4232 | + | 123,047,000$123,656,000$126.24Subdivision 1.Total Appropriation |
---|
| 4233 | + | 126.25 Appropriations by Fund |
---|
| 4234 | + | 33,758,00034,133,000126.26General |
---|
| 4235 | + | 89,289,00089,523,000 |
---|
| 4236 | + | 126.27State Government |
---|
| 4237 | + | 126.28Special Revenue |
---|
| 4238 | + | 126.29Subd. 2.Asbestos Abatement |
---|
| 4239 | + | 126.30$176,000 in fiscal year 2026 and $176,000 in |
---|
| 4240 | + | 126.31fiscal year 2027 are from the state government |
---|
| 4241 | + | 126.32special revenue fund for asbestos abatement |
---|
| 4242 | + | 126.33under Minnesota Statutes, section 326.75. |
---|
| 4243 | + | 126Article 8 Sec. 4. |
---|
| 4244 | + | REVISOR DTT/HL 25-0033803/03/25 127.1Subd. 3.Food, Pools, and Lodging Services |
---|
| 4245 | + | 127.2$5,483,000 in fiscal year 2026 and $5,483,000 |
---|
| 4246 | + | 127.3in fiscal year 2027 are from the state |
---|
| 4247 | + | 127.4government special revenue fund for |
---|
| 4248 | + | 127.5supporting food, pools, and lodging services |
---|
| 4249 | + | 127.6program activities under Minnesota Statutes, |
---|
| 4250 | + | 127.7chapters 144, 157, and 327, including |
---|
| 4251 | + | 127.8inspection, plan review, credentialing, |
---|
| 4252 | + | 127.9licensing, and rulemaking and delegated |
---|
| 4253 | + | 127.10support activities. |
---|
| 4254 | + | 127.11Subd. 4.Public Water Supply |
---|
| 4255 | + | 127.12$7,827,000 in fiscal year 2026 and $7,827,000 |
---|
| 4256 | + | 127.13in fiscal year 2027 are from the state |
---|
| 4257 | + | 127.14government special revenue fund for operating |
---|
| 4258 | + | 127.15the drinking water protection program, |
---|
| 4259 | + | 127.16including implementing the Safe Drinking |
---|
| 4260 | + | 127.17Water Act and for providing services to |
---|
| 4261 | + | 127.18regulated parties, partners, and the public |
---|
| 4262 | + | 127.19under Minnesota Statutes, sections 144.381 |
---|
| 4263 | + | 127.20to 144.383. |
---|
| 4264 | + | 127.21Subd. 5.Radioactive Materials |
---|
| 4265 | + | 127.22$200,000 in fiscal year 2026 and $200,000 in |
---|
| 4266 | + | 127.23fiscal year 2027 are from the state government |
---|
| 4267 | + | 127.24special revenue fund for supporting radioactive |
---|
| 4268 | + | 127.25materials program activities, including licensee |
---|
| 4269 | + | 127.26inspections, responding to radiological |
---|
| 4270 | + | 127.27incidents, and state agreement responsibilities |
---|
| 4271 | + | 127.28under Minnesota Statutes, section 144.1205. |
---|
| 4272 | + | 127.29Subd. 6.Ionizing Radiation |
---|
| 4273 | + | 127.30$993,000 in fiscal year 2026 and $828,000 in |
---|
| 4274 | + | 127.31fiscal year 2027 are from the state government |
---|
| 4275 | + | 127.32special revenue fund for supporting new |
---|
| 4276 | + | 127.33regulatory activities for x-ray service |
---|
| 4277 | + | 127.34providers, ongoing inspections of licensed |
---|
| 4278 | + | 127Article 8 Sec. 4. |
---|
| 4279 | + | REVISOR DTT/HL 25-0033803/03/25 128.1facilities, and data analysis for program |
---|
| 4280 | + | 128.2planning and implementation under Minnesota |
---|
| 4281 | + | 128.3Statutes, section 144.121. |
---|
| 4282 | + | 128.4Subd. 7.Infectious Disease Prevention, Early |
---|
| 4283 | + | 128.5Detection, and Outbreak Response |
---|
| 4284 | + | 128.6$1,300,000 in fiscal year 2026 and $1,300,000 |
---|
| 4285 | + | 128.7in fiscal year 2027 are for infectious disease |
---|
| 4286 | + | 128.8prevention, early detection, and outbreak |
---|
| 4287 | + | 128.9response activities under Minnesota Statutes, |
---|
| 4288 | + | 128.10section 144.05, subdivision 1. |
---|
| 4289 | + | 128.11Subd. 8.Licensing and Certification |
---|
| 4290 | + | 128.12$1,707,000 in fiscal year 2026 and $1,707,000 |
---|
| 4291 | + | 128.13in fiscal year 2027 are from the state |
---|
| 4292 | + | 128.14government special revenue fund for |
---|
| 4293 | + | 128.15administering licensing and certification fees |
---|
| 4294 | + | 128.16under Minnesota Statutes, chapter 144A, and |
---|
| 4295 | + | 128.17Minnesota Statutes, sections 144.122, 144.55, |
---|
| 4296 | + | 128.18and 144.615. |
---|
| 4297 | + | 128.19Subd. 9.Assisted Living Licensure |
---|
| 4298 | + | 128.20$1,555,000 in fiscal year 2026 and $1,555,000 |
---|
| 4299 | + | 128.21in fiscal year 2027 are from the state |
---|
| 4300 | + | 128.22government special revenue fund for |
---|
| 4301 | + | 128.23administering assisted living licensure under |
---|
| 4302 | + | 128.24Minnesota Statutes, chapter 144G. |
---|
| 4303 | + | 128.25Subd. 10.Engineering Plan Reviews |
---|
| 4304 | + | 128.26$224,000 in fiscal year 2026 and $224,000 in |
---|
| 4305 | + | 128.27fiscal year 2027 are from the state government |
---|
| 4306 | + | 128.28special revenue fund for conducting |
---|
| 4307 | + | 128.29engineering plan reviews under Minnesota |
---|
| 4308 | + | 128.30Statutes, section 144.554. |
---|
| 4309 | + | 128Article 8 Sec. 4. |
---|
| 4310 | + | REVISOR DTT/HL 25-0033803/03/25 129.1Subd. 11.Base Level Adjustments |
---|
| 4311 | + | 129.2The state government special revenue fund |
---|
| 4312 | + | 129.3base is $89,610,000 in fiscal year 2028 and |
---|
| 4313 | + | 129.4$89,610,000 in fiscal year 2029. |
---|
| 4314 | + | 21,392,000$20,365,000$129.5Sec. 5. HEALTH OPERATIONS |
---|
| 4315 | + | 129.6Sec. 6. TRANSFERS; ADMINISTRATION. |
---|
| 4316 | + | 129.7 Positions, salary money, and nonsalary administrative money may be transferred within |
---|
| 4317 | + | 129.8the Department of Health as the commissioner deems necessary with the advance approval |
---|
| 4318 | + | 129.9of the commissioner of management and budget. The commissioner shall report to the chairs |
---|
| 4319 | + | 129.10and ranking minority members of the legislative committees with jurisdiction over health |
---|
| 4320 | + | 129.11finance quarterly about transfers made under this section. |
---|
| 4321 | + | 129.12Sec. 7. INDIRECT COSTS NOT TO FUND PROGRAMS. |
---|
| 4322 | + | 129.13 The commissioner of health shall not use indirect cost allocations to pay for the |
---|
| 4323 | + | 129.14operational costs of any program for which the commissioner is responsible. |
---|
| 4324 | + | 129.15Sec. 8. EXPIRATION OF UNCODIFIED LANGUAGE. |
---|
| 4325 | + | 129.16 All uncodified language contained in this article expires on June 30, 2027, unless a |
---|
| 4326 | + | 129.17different expiration date is explicit or an appropriation is made available after June 30, 2027. |
---|
| 4327 | + | 129.18 ARTICLE 9 |
---|
| 4328 | + | 129.19 DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS |
---|
| 4329 | + | 129.20Section 1. HUMAN SERVICES APPROPRIATIONS. |
---|
| 4330 | + | 129.21 The sums shown in the columns marked "Appropriations" are appropriated to the |
---|
| 4331 | + | 129.22commissioner of human services for the purposes specified in this article. The appropriations |
---|
| 4332 | + | 129.23are from the general fund, or another named fund, and are available for the fiscal years |
---|
| 4333 | + | 129.24indicated for each purpose. The figures "2026" and "2027" used in this article mean that |
---|
| 4334 | + | 129.25the appropriations listed under them are available for the fiscal year ending June 30, 2026, |
---|
| 4335 | + | 129.26or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is |
---|
| 4336 | + | 129.27fiscal year 2027. "The biennium" is fiscal years 2026 and 2027. |
---|
| 4337 | + | 129.28 APPROPRIATIONS |
---|
| 4338 | + | 129.29 Available for the Year |
---|
| 4339 | + | 129Article 9 Section 1. |
---|
| 4340 | + | REVISOR DTT/HL 25-0033803/03/25 130.1 Ending June 30 |
---|
| 4341 | + | 2027130.2 2026 |
---|
| 4342 | + | 5,934,084,000$5,592,495,000$130.3Sec. 2. TOTAL APPROPRIATION |
---|
| 4343 | + | 130.4Subdivision 1.Appropriations by Fund |
---|
| 4344 | + | 130.5 Appropriations by Fund |
---|
| 4345 | + | 2027130.6 2026 |
---|
| 4346 | + | 4,843,930,0004,417,305,000130.7General |
---|
| 4347 | + | 3,978,0003,978,000 |
---|
| 4348 | + | 130.8State Government |
---|
| 4349 | + | 130.9Special Revenue |
---|
| 4350 | + | 1,085,483,0001,170,519,000130.10Health Care Access |
---|
| 4351 | + | 163,000163,000130.11Lottery Prize |
---|
| 4352 | + | 530,000530,000 |
---|
| 4353 | + | 130.12Family and Medical |
---|
| 4354 | + | 130.13Benefit Insurance |
---|
| 4355 | + | 130.14The amounts that may be spent for each |
---|
| 4356 | + | 130.15purpose are specified in this article. |
---|
| 4357 | + | 130.16Subd. 2.Paid Leave |
---|
| 4358 | + | 130.17$530,000 each year is from the family and |
---|
| 4359 | + | 130.18medical benefit insurance account. This |
---|
| 4360 | + | 130.19amount is for the purposes of Minnesota |
---|
| 4361 | + | 130.20Statutes, chapter 268B. |
---|
| 4362 | + | 130.21Subd. 3.Information Technology Appropriations |
---|
| 4363 | + | 130.22(a) IT appropriations generally. This |
---|
| 4364 | + | 130.23appropriation includes money for information |
---|
| 4365 | + | 130.24technology projects, services, and support. |
---|
| 4366 | + | 130.25Notwithstanding Minnesota Statutes, section |
---|
| 4367 | + | 130.2616E.0466, funding for information technology |
---|
| 4368 | + | 130.27project costs must be incorporated into the |
---|
| 4369 | + | 130.28service-level agreement and paid to Minnesota |
---|
| 4370 | + | 130.29IT Services by the Department of Human |
---|
| 4371 | + | 130.30Services under the rates and mechanism |
---|
| 4372 | + | 130.31specified in that agreement. |
---|
| 4373 | + | 130.32(b) Receipts for systems project. |
---|
| 4374 | + | 130.33Appropriations and federal receipts for |
---|
| 4375 | + | 130.34information technology systems projects for |
---|
| 4376 | + | 130Article 9 Sec. 2. |
---|
| 4377 | + | REVISOR DTT/HL 25-0033803/03/25 131.1MAXIS, PRISM, MMIS, ISDS, METS, and |
---|
| 4378 | + | 131.2SSIS must be deposited in the state systems |
---|
| 4379 | + | 131.3account authorized in Minnesota Statutes, |
---|
| 4380 | + | 131.4section 256.014. Money appropriated for |
---|
| 4381 | + | 131.5information technology projects approved by |
---|
| 4382 | + | 131.6the commissioner of Minnesota IT Services |
---|
| 4383 | + | 131.7funded by the legislature and approved by the |
---|
| 4384 | + | 131.8commissioner of management and budget may |
---|
| 4385 | + | 131.9be transferred from one project to another and |
---|
| 4386 | + | 131.10from development to operations as the |
---|
| 4387 | + | 131.11commissioner of human services deems |
---|
| 4388 | + | 131.12necessary. Any unexpended balance in the |
---|
| 4389 | + | 131.13appropriation for these projects does not |
---|
| 4390 | + | 131.14cancel and is available for ongoing |
---|
| 4391 | + | 131.15development and operations. |
---|
| 4392 | + | 131.16Sec. 3. CENTRAL OFFICE; OPERATIONS |
---|
| 4393 | + | 186,544,000$180,979,000$131.17Subdivision 1.Total Appropriation |
---|
| 4394 | + | 131.18 Appropriations by Fund |
---|
| 4395 | + | 153,436,000149,398,000131.19General |
---|
| 4396 | + | 133,000133,000 |
---|
| 4397 | + | 131.20State Government |
---|
| 4398 | + | 131.21Special Revenue |
---|
| 4399 | + | 32,445,00030,918,000131.22Health Care Access |
---|
| 4400 | + | 530,000530,000 |
---|
| 4401 | + | 131.23Family and Medical |
---|
| 4402 | + | 131.24Benefits Insurance |
---|
| 4403 | + | 131.25Subd. 2.Administrative Recovery; Set-Aside |
---|
| 4404 | + | 131.26The commissioner may invoice local entities |
---|
| 4405 | + | 131.27through the SWIFT accounting system as an |
---|
| 4406 | + | 131.28alternative means to recover the actual cost of |
---|
| 4407 | + | 131.29administering the following provisions: |
---|
| 4408 | + | 131.30(1) the statewide data management system |
---|
| 4409 | + | 131.31authorized in Minnesota Statutes, section |
---|
| 4410 | + | 131.32125A.744, subdivision 3; |
---|
| 4411 | + | 131.33(2) repayment of the special revenue |
---|
| 4412 | + | 131.34maximization account as provided under |
---|
| 4413 | + | 131Article 9 Sec. 3. |
---|
| 4414 | + | REVISOR DTT/HL 25-0033803/03/25 132.1Minnesota Statutes, section 245.495, |
---|
| 4415 | + | 132.2paragraph (b); |
---|
| 4416 | + | 132.3(3) repayment of the special revenue |
---|
| 4417 | + | 132.4maximization account as provided under |
---|
| 4418 | + | 132.5Minnesota Statutes, section 256B.0625, |
---|
| 4419 | + | 132.6subdivision 20, paragraph (k); |
---|
| 4420 | + | 132.7(4) targeted case management under |
---|
| 4421 | + | 132.8Minnesota Statutes, section 256B.0924, |
---|
| 4422 | + | 132.9subdivision 6, paragraph (g); |
---|
| 4423 | + | 132.10(5) residential services for children with severe |
---|
| 4424 | + | 132.11emotional disturbance under Minnesota |
---|
| 4425 | + | 132.12Statutes, section 256B.0945, subdivision 4, |
---|
| 4426 | + | 132.13paragraph (d); and |
---|
| 4427 | + | 132.14(6) repayment of the special revenue |
---|
| 4428 | + | 132.15maximization account as provided under |
---|
| 4429 | + | 132.16Minnesota Statutes, section 256F.10, |
---|
| 4430 | + | 132.17subdivision 6, paragraph (b). |
---|
| 4431 | + | 132.18Subd. 3.Base Level Adjustment |
---|
| 4432 | + | 132.19The general fund base for the appropriations |
---|
| 4433 | + | 132.20in this section is $153,043,000 in fiscal year |
---|
| 4434 | + | 132.212028 and $154,147,000 in fiscal year 2029. |
---|
| 4435 | + | 69,348,000$76,557,000$132.22Sec. 4. CENTRAL OFFICE; HEALTH CARE |
---|
| 4436 | + | 132.23 Appropriations by Fund |
---|
| 4437 | + | 41,180,00048,389,000132.24General |
---|
| 4438 | + | 28,168,00028,168,000132.25Health Care Access |
---|
| 4439 | + | 22,159,000$22,187,000$ |
---|
| 4440 | + | 132.26Sec. 5. CENTRAL OFFICE; BEHAVIORAL |
---|
| 4441 | + | 132.27HEALTH |
---|
| 4442 | + | 132.28 Appropriations by Fund |
---|
| 4443 | + | 21,996,00022,024,000132.29General |
---|
| 4444 | + | 163,000163,000132.30Lottery Prize |
---|
| 4445 | + | 6,421,000$6,932,000$ |
---|
| 4446 | + | 132.31Sec. 6. CENTRAL OFFICE; HOMELESSNESS, |
---|
| 4447 | + | 132.32HOUSING, AND SUPPORT SERVICES |
---|
| 4448 | + | 132.33Sec. 7. CENTRAL OFFICE; OFFICE OF |
---|
| 4449 | + | 132.34INSPECTOR GENERAL |
---|
| 4450 | + | 132Article 9 Sec. 7. |
---|
| 4451 | + | REVISOR DTT/HL 25-0033803/03/25 32,415,000$31,936,000$133.1Subdivision 1.Total Appropriation |
---|
| 4452 | + | 133.2 Appropriations by Fund |
---|
| 4453 | + | 27,629,00027,150,000133.3General |
---|
| 4454 | + | 941,000941,000133.4Health Care Access |
---|
| 4455 | + | 3,845,0003,845,000 |
---|
| 4456 | + | 133.5State Government |
---|
| 4457 | + | 133.6Special Revenue |
---|
| 4458 | + | 133.7Fund |
---|
| 4459 | + | 133.8Subd. 2.Base Level Adjustment |
---|
| 4460 | + | 133.9The general fund base for appropriations in |
---|
| 4461 | + | 133.10this section is $27,685,000 in fiscal year 2028 |
---|
| 4462 | + | 133.11and $27,631,000 in fiscal year 2029. |
---|
| 4463 | + | 84,802,000$82,545,000$ |
---|
| 4464 | + | 133.12Sec. 8. FORECASTED PROGRAMS; |
---|
| 4465 | + | 133.13GENERAL ASSISTANCE |
---|
| 4466 | + | 133.14Money to counties shall be allocated by the |
---|
| 4467 | + | 133.15commissioner using the allocation method |
---|
| 4468 | + | 133.16under Minnesota Statutes, section 256D.06. |
---|
| 4469 | + | 69,089,000$67,113,000$ |
---|
| 4470 | + | 133.17Sec. 9. FORECASTED PROGRAMS; |
---|
| 4471 | + | 133.18MINNESOTA SUPPLEMENTAL |
---|
| 4472 | + | 133.19ASSISTANCE |
---|
| 4473 | + | 277,747,000$267,065,000$ |
---|
| 4474 | + | 133.20Sec. 10. FORECASTED PROGRAMS; |
---|
| 4475 | + | 133.21HOUSING SUPPORT |
---|
| 4476 | + | 130,969,000$79,312,000$ |
---|
| 4477 | + | 133.22Sec. 11. FORECASTED PROGRAMS; |
---|
| 4478 | + | 133.23MINNESOTACARE |
---|
| 4479 | + | 133.24This appropriation is from the health care |
---|
| 4480 | + | 133.25access fund. |
---|
| 4481 | + | 4,890,717,000$4,613,487,000$ |
---|
| 4482 | + | 133.26Sec. 12. FORECASTED PROGRAMS; |
---|
| 4483 | + | 133.27MEDICAL ASSISTANCE |
---|
| 4484 | + | 133.28 Appropriations by Fund |
---|
| 4485 | + | 4,001,222,0003,585,772,000133.29General |
---|
| 4486 | + | 889,495,0001,027,715,000133.30Health Care Access |
---|
| 4487 | + | 133.31The health care access fund base for |
---|
| 4488 | + | 133.32appropriations in this section is $889,495,000 |
---|
| 4489 | + | 133.33in fiscal year 2028 and $889,495,000 in fiscal |
---|
| 4490 | + | 133.34year 2029. |
---|
| 4491 | + | 56,101,000$55,610,000$ |
---|
| 4492 | + | 133.35Sec. 13. FORECASTED PROGRAMS; |
---|
| 4493 | + | 133.36ALTERNATIVE CARE |
---|
| 4494 | + | 133Article 9 Sec. 13. |
---|
| 4495 | + | REVISOR DTT/HL 25-0033803/03/25 100,000$100,000$134.1Sec. 14. REFUGEE SERVICES GRANTS |
---|
| 4496 | + | 8,176,000$8,176,000$ |
---|
| 4497 | + | 134.2Sec. 15. GRANT PROGRAMS; HEALTH |
---|
| 4498 | + | 134.3CARE GRANTS |
---|
| 4499 | + | 134.4 Appropriations by Fund |
---|
| 4500 | + | 4,711,0004,711,000134.5General |
---|
| 4501 | + | 3,465,0003,465,000134.6Health Care Access |
---|
| 4502 | + | 2,655,000$2,655,000$ |
---|
| 4503 | + | 134.7Sec. 16. GRANT PROGRAMS; AGING AND |
---|
| 4504 | + | 134.8ADULT SERVICES GRANTS |
---|
| 4505 | + | 92,911,000$87,911,000$ |
---|
| 4506 | + | 134.9Sec. 17. GRANT PROGRAMS; HOUSING |
---|
| 4507 | + | 134.10GRANTS |
---|
| 4508 | + | 635,000$635,000$ |
---|
| 4509 | + | 134.11Sec. 18. GRANT PROGRAMS; ADULT |
---|
| 4510 | + | 134.12MENTAL HEALTH GRANTS |
---|
| 4511 | + | 277,000$277,000$ |
---|
| 4512 | + | 134.13Sec. 19. GRANT PROGRAMS; CHILD |
---|
| 4513 | + | 134.14MENTAL HEALTH GRANTS |
---|
| 4514 | + | -0-$6,000,000$ |
---|
| 4515 | + | 134.15Sec. 20. GRANT PROGRAMS; DISABILITIES |
---|
| 4516 | + | 134.16GRANTS |
---|
| 4517 | + | 134.17$6,000,000 in fiscal year 2026 is for grants to |
---|
| 4518 | + | 134.18community-based HIV/AIDS supportive |
---|
| 4519 | + | 134.19services providers as defined in Minnesota |
---|
| 4520 | + | 134.20Statutes, section 256.01, subdivision 19, and |
---|
| 4521 | + | 134.21for payment of allowed health care costs as |
---|
| 4522 | + | 134.22defined in Minnesota Statutes, section |
---|
| 4523 | + | 134.23256.9365. This is a onetime appropriation and |
---|
| 4524 | + | 134.24is available until June 30, 2027. |
---|
| 4525 | + | 3,018,000$3,018,000$ |
---|
| 4526 | + | 134.25Sec. 21. GRANT PROGRAMS; FRAUD |
---|
| 4527 | + | 134.26PREVENTION GRANTS |
---|
| 4528 | + | 134.27Sec. 22. TRANSFERS. |
---|
| 4529 | + | 134.28 Subdivision 1.Grants.The commissioner of human services, with the approval of the |
---|
| 4530 | + | 134.29commissioner of management and budget, may transfer unencumbered appropriation balances |
---|
| 4531 | + | 134.30for the biennium ending June 30, 2025, within fiscal years among general assistance, medical |
---|
| 4532 | + | 134.31assistance, MinnesotaCare, the Minnesota supplemental aid program, the housing support |
---|
| 4533 | + | 134.32program, and the entitlement portion of the behavioral health fund between fiscal years of |
---|
| 4534 | + | 134.33the biennium. The commissioner shall report to the chairs and ranking minority members |
---|
| 4535 | + | 134.34of the legislative committees with jurisdiction over health and human services quarterly |
---|
| 4536 | + | 134.35about transfers made under this subdivision. |
---|
| 4537 | + | 134Article 9 Sec. 22. |
---|
| 4538 | + | REVISOR DTT/HL 25-0033803/03/25 135.1 Subd. 2.Administration.Positions, salary money, and nonsalary administrative money |
---|
| 4539 | + | 135.2may be transferred within the Department of Human Services as the commissioners deem |
---|
| 4540 | + | 135.3necessary, with the advance approval of the commissioner of management and budget. The |
---|
| 4541 | + | 135.4commissioners shall report to the chairs and ranking minority members of the legislative |
---|
| 4542 | + | 135.5committees with jurisdiction over health and human services finance quarterly about transfers |
---|
| 4543 | + | 135.6made under this section. |
---|
| 4544 | + | 135.7 Subd. 3.Children, youth, and families.Administrative money may be transferred |
---|
| 4545 | + | 135.8between the Department of Human Services and Department of Children, Youth, and |
---|
| 4546 | + | 135.9Families as the commissioners deem necessary, with the advance approval of the |
---|
| 4547 | + | 135.10commissioner of management and budget. The commissioners shall report to the chairs and |
---|
| 4548 | + | 135.11ranking minority members of the legislative committees with jurisdiction over children and |
---|
| 4549 | + | 135.12families quarterly about transfers made under this section. |
---|
| 4550 | + | 135.13 ARTICLE 10 |
---|
| 4551 | + | 135.14 OTHER AGENCY APPROPRIATIONS |
---|
| 4552 | + | 135.15Section 1. OTHER AGENCY APPROPRIATIONS. |
---|
| 4553 | + | 135.16 The sums shown in the columns marked "Appropriations" are appropriated to the agencies |
---|
| 4554 | + | 135.17and for the purposes specified in this article. The appropriations are from the general fund, |
---|
| 4555 | + | 135.18or another named fund, and are available for the fiscal years indicated for each purpose. |
---|
| 4556 | + | 135.19The figures "2026" and "2027" used in this article mean that the appropriations listed under |
---|
| 4557 | + | 135.20them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively. |
---|
| 4558 | + | 135.21"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium" |
---|
| 4559 | + | 135.22is fiscal years 2026 and 2027. |
---|
| 4560 | + | 135.23 APPROPRIATIONS |
---|
| 4561 | + | 135.24 Available for the Year |
---|
| 4562 | + | 135.25 Ending June 30 |
---|
| 4563 | + | 2027135.26 2026 |
---|
| 4564 | + | 135.27Sec. 2. HEALTH-RELATED BOARDS |
---|
| 4565 | + | 34,262,000$34,372,000$135.28Subdivision 1.Total Appropriation |
---|
| 4566 | + | 135.29 Appropriations by Fund |
---|
| 4567 | + | 2027135.30 2026 |
---|
| 4568 | + | 135Article 10 Sec. 2. |
---|
| 4569 | + | REVISOR DTT/HL 25-0033803/03/25 468,000468,000136.1General |
---|
| 4570 | + | 33,794,00033,904,000 |
---|
| 4571 | + | 136.2State Government |
---|
| 4572 | + | 136.3Special Revenue |
---|
| 4573 | + | 136.4This appropriation is from the state |
---|
| 4574 | + | 136.5government special revenue fund unless |
---|
| 4575 | + | 136.6specified otherwise. The amounts that may be |
---|
| 4576 | + | 136.7spent for each purpose are specified in the |
---|
| 4577 | + | 136.8following subdivisions. |
---|
| 4578 | + | 1,289,0001,289,000 |
---|
| 4579 | + | 136.9Subd. 2.Board of Behavioral Health and |
---|
| 4580 | + | 136.10Therapy |
---|
| 4581 | + | 890,000890,000136.11Subd. 3.Board of Chiropractic Examiners |
---|
| 4582 | + | 4,310,0004,308,000136.12Subd. 4.Board of Dentistry |
---|
| 4583 | + | 136.13(a) Administrative services unit; operating |
---|
| 4584 | + | 136.14costs. Of this appropriation, $1,936,000 in |
---|
| 4585 | + | 136.15fiscal year 2026 and $1,936,000 in fiscal year |
---|
| 4586 | + | 136.162027 are for operating costs of the |
---|
| 4587 | + | 136.17administrative services unit. The |
---|
| 4588 | + | 136.18administrative services unit may receive and |
---|
| 4589 | + | 136.19expend reimbursements for services it |
---|
| 4590 | + | 136.20performs for other agencies. |
---|
| 4591 | + | 136.21(b) Administrative services unit; volunteer |
---|
| 4592 | + | 136.22health care provider program. Of this |
---|
| 4593 | + | 136.23appropriation, $150,000 in fiscal year 2026 |
---|
| 4594 | + | 136.24and $150,000 in fiscal year 2027 are to pay |
---|
| 4595 | + | 136.25for medical professional liability coverage |
---|
| 4596 | + | 136.26required under Minnesota Statutes, section |
---|
| 4597 | + | 136.27214.40. |
---|
| 4598 | + | 136.28(c) Administrative services unit; retirement |
---|
| 4599 | + | 136.29costs. Of this appropriation, $237,000 in fiscal |
---|
| 4600 | + | 136.30year 2026 and $237,000 in fiscal year 2027 |
---|
| 4601 | + | 136.31are for the administrative services unit to pay |
---|
| 4602 | + | 136.32for the retirement costs of health-related board |
---|
| 4603 | + | 136.33employees. This funding may be transferred |
---|
| 4604 | + | 136.34to the health board incurring retirement costs. |
---|
| 4605 | + | 136.35Any board that has an unexpended balance for |
---|
| 4606 | + | 136Article 10 Sec. 2. |
---|
| 4607 | + | REVISOR DTT/HL 25-0033803/03/25 137.1an amount transferred under this paragraph |
---|
| 4608 | + | 137.2shall transfer the unexpended amount to the |
---|
| 4609 | + | 137.3administrative services unit. If the amount |
---|
| 4610 | + | 137.4appropriated in the first year of the biennium |
---|
| 4611 | + | 137.5is not sufficient, the amount from the second |
---|
| 4612 | + | 137.6year of the biennium is available. |
---|
| 4613 | + | 137.7(d) Administrative services unit; contested |
---|
| 4614 | + | 137.8cases and other legal proceedings. Of this |
---|
| 4615 | + | 137.9appropriation, $200,000 in fiscal year 2026 |
---|
| 4616 | + | 137.10and $200,000 in fiscal year 2027 are for costs |
---|
| 4617 | + | 137.11of contested case hearings and other |
---|
| 4618 | + | 137.12unanticipated costs of legal proceedings |
---|
| 4619 | + | 137.13involving health-related boards under this |
---|
| 4620 | + | 137.14section. Upon certification by a health-related |
---|
| 4621 | + | 137.15board to the administrative services unit that |
---|
| 4622 | + | 137.16unanticipated costs for legal proceedings will |
---|
| 4623 | + | 137.17be incurred and that available appropriations |
---|
| 4624 | + | 137.18are insufficient to pay for the unanticipated |
---|
| 4625 | + | 137.19costs for that board, the administrative services |
---|
| 4626 | + | 137.20unit is authorized to transfer money from this |
---|
| 4627 | + | 137.21appropriation to the board for payment of costs |
---|
| 4628 | + | 137.22for contested case hearings and other |
---|
| 4629 | + | 137.23unanticipated costs of legal proceedings with |
---|
| 4630 | + | 137.24the approval of the commissioner of |
---|
| 4631 | + | 137.25management and budget. The commissioner |
---|
| 4632 | + | 137.26of management and budget must require any |
---|
| 4633 | + | 137.27board that has an unexpended balance or an |
---|
| 4634 | + | 137.28amount transferred under this paragraph to |
---|
| 4635 | + | 137.29transfer the unexpended amount to the |
---|
| 4636 | + | 137.30administrative services unit to be deposited in |
---|
| 4637 | + | 137.31the state government special revenue fund. |
---|
| 4638 | + | 277,000277,000 |
---|
| 4639 | + | 137.32Subd. 5.Board of Dietetics and Nutrition |
---|
| 4640 | + | 137.33Practice |
---|
| 4641 | + | 736,000736,000 |
---|
| 4642 | + | 137.34Subd. 6.Board of Executives for Long-term |
---|
| 4643 | + | 137.35Services and Supports |
---|
| 4644 | + | 457,000457,000137.36Subd. 7.Board of Marriage and Family Therapy |
---|
| 4645 | + | 137Article 10 Sec. 2. |
---|
| 4646 | + | REVISOR DTT/HL 25-0033803/03/25 6,067,0006,113,000138.1Subd. 8.Board of Medical Practice |
---|
| 4647 | + | 6,275,0006,275,000138.2Subd. 9.Board of Nursing |
---|
| 4648 | + | 560,000560,000 |
---|
| 4649 | + | 138.3Subd. 10.Board of Occupational Therapy |
---|
| 4650 | + | 138.4Practice |
---|
| 4651 | + | 280,000280,000138.5Subd. 11.Board of Optometry |
---|
| 4652 | + | 6,748,0006,748,000138.6Subd. 12.Board of Pharmacy |
---|
| 4653 | + | 138.7 Appropriations by Fund |
---|
| 4654 | + | 468,000468,000138.8General |
---|
| 4655 | + | 6,280,0006,280,000 |
---|
| 4656 | + | 138.9State Government |
---|
| 4657 | + | 138.10Special Revenue |
---|
| 4658 | + | 789,000789,000138.11Subd. 13.Board of Physical Therapy |
---|
| 4659 | + | 257,000257,000138.12Subd. 14.Board of Podiatric Medicine |
---|
| 4660 | + | 2,781,0002,781,000138.13Subd. 15.Board of Psychology |
---|
| 4661 | + | 2,002,0002,068,000138.14Subd. 16.Board of Social Work |
---|
| 4662 | + | 544,000544,000138.15Subd. 17.Board of Veterinary Medicine |
---|
| 4663 | + | 5,448,000$7,013,000$ |
---|
| 4664 | + | 138.16Sec. 3. OFFICE OF EMERGENCY MEDICAL |
---|
| 4665 | + | 138.17SERVICES |
---|
| 4666 | + | 70,000$15,070,000$138.18Sec. 4. BOARD OF DIRECTORS OF MNSURE |
---|
| 4667 | + | 337,000$332,000$ |
---|
| 4668 | + | 138.19Sec. 5. RARE DISEASE ADVISORY |
---|
| 4669 | + | 138.20COUNCIL |
---|
| 4670 | + | 138Article 10 Sec. 5. |
---|
| 4671 | + | REVISOR DTT/HL 25-0033803/03/25 Page.Ln 2.2DEPARTMENT OF HEALTH...............................................................ARTICLE 1 |
---|
| 4672 | + | Page.Ln 61.24HEALTH CARE.....................................................................................ARTICLE 2 |
---|
| 4673 | + | Page.Ln 76.13PHARMACY..........................................................................................ARTICLE 3 |
---|
| 4674 | + | Page.Ln 78.10BACKGROUND STUDIES...................................................................ARTICLE 4 |
---|
| 4675 | + | Page.Ln 86.1DEPARTMENT OF HUMAN SERVICES PROGRAM INTEGRITY..ARTICLE 5 |
---|
| 4676 | + | Page.Ln 113.1HEALTH-RELATED LICENSING BOARDS......................................ARTICLE 6 |
---|
| 4677 | + | Page.Ln 123.27FORECAST ADJUSTMENTS..............................................................ARTICLE 7 |
---|
| 4678 | + | Page.Ln 125.8DEPARTMENT OF HEALTH APPROPRIATIONS.............................ARTICLE 8 |
---|
| 4679 | + | Page.Ln 129.18DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS..........ARTICLE 9 |
---|
| 4680 | + | Page.Ln 135.13OTHER AGENCY APPROPRIATIONS...............................................ARTICLE 10 |
---|
| 4681 | + | 1 |
---|
| 4682 | + | APPENDIX |
---|
| 4683 | + | Article locations for 25-00338 103I.550 LIMITED PUMP, PITLESS, OR DUG WELL/DRIVE POINT CONTRACTOR. |
---|
| 4684 | + | Subdivision 1.Limited pump or pitless license or certification.A person with a limited |
---|
| 4685 | + | well/boring contractor's license or certification to install well pumps and pumping equipment; or |
---|
| 4686 | + | a person with a limited well/boring contractor's license or certification to install, repair, and modify |
---|
| 4687 | + | pitless units and pitless adapters, well casings above the pitless unit or pitless adapter, and well |
---|
| 4688 | + | screens and well diameters, will be issued a combined license or certification to: (1) install well |
---|
| 4689 | + | pumps and pumping equipment; and (2) install, repair, and modify pitless units and pitless adapters, |
---|
| 4690 | + | well casings above the pitless unit or pitless adapter, well screens, and well diameters. |
---|
| 4691 | + | Subd. 2.Limited dug well/drive point license or certification.A person with a limited |
---|
| 4692 | + | well/boring contractor's license or certification to construct, repair, and seal drive point wells and |
---|
| 4693 | + | dug wells will be issued a well contractor's license or certification. |
---|
| 4694 | + | 148.108 FEES. |
---|
| 4695 | + | Subd. 2.Annual renewal of inactive acupuncture registration.The annual renewal of an |
---|
| 4696 | + | inactive acupuncture registration fee is $25. |
---|
| 4697 | + | Subd. 3.Acupuncture reinstatement.The acupuncture reinstatement fee is $50. |
---|
| 4698 | + | Subd. 4.Animal chiropractic.(a) Animal chiropractic registration fee is $125. |
---|
| 4699 | + | (b) Animal chiropractic registration renewal fee is $75. |
---|
| 4700 | + | (c) Animal chiropractic inactive renewal fee is $25. |
---|
| 4701 | + | 156.015 FEES. |
---|
| 4702 | + | Subdivision 1.Verification of licensure.The board may charge a fee of $25 per license |
---|
| 4703 | + | verification to a licensee for verification of licensure status provided to other veterinary licensing |
---|
| 4704 | + | boards. |
---|
| 4705 | + | 1R |
---|
| 4706 | + | APPENDIX |
---|
| 4707 | + | Repealed Minnesota Statutes: 25-00338 2500.1150FEES. |
---|
| 4708 | + | The fees charged by the board are fixed at the following rates: |
---|
| 4709 | + | A.peer review fee to be paid by a requesting doctor or by a requesting insurance |
---|
| 4710 | + | company, $100; |
---|
| 4711 | + | B.licensing examination regrade fee, $30; |
---|
| 4712 | + | C.copy of a board order or stipulation fee, $10 each; |
---|
| 4713 | + | D.certificate of good standing or licensure verification to other states, $10 each; |
---|
| 4714 | + | E.duplicate of the original license or of an annual renewal, $10; |
---|
| 4715 | + | F.miscellaneous copying fee, 25 cents per page; |
---|
| 4716 | + | G.independent medical examination registration fee, $150; |
---|
| 4717 | + | H.independent examination annual renewal fee, $100; |
---|
| 4718 | + | I.incorporation renewal late charge, $5 per month; |
---|
| 4719 | + | J.computer lists, $100; and |
---|
| 4720 | + | K.computer printed labels, $150. |
---|
| 4721 | + | 2500.2030ANNUAL RENEWAL OF INACTIVE LICENSE. |
---|
| 4722 | + | The annual renewal fee for an inactive license is 75 percent of the current fee imposed |
---|
| 4723 | + | by the board for license renewal. |
---|
| 4724 | + | 4695.2900APPLICATION FEES. |
---|
| 4725 | + | Fees to be submitted with initial or renewal applications shall be as follows: |
---|
| 4726 | + | A.Initial application fee, $45 plus examination fees. |
---|
| 4727 | + | B.Biennial renewal application fee, $45. |
---|
| 4728 | + | C.Penalty for late submission of renewal application, $10, if not renewed by |
---|
| 4729 | + | designated renewal date. |
---|
| 4730 | + | 6900.0250FEES. |
---|
| 4731 | + | Subpart 1.Amounts.The amount of fees may be set by the board with the approval |
---|
| 4732 | + | of the Department of Management and Budget up to the limits provided in this subpart |
---|
| 4733 | + | depending upon the total amount required to sustain board operations under Minnesota |
---|
| 4734 | + | Statutes, section 16A.1285, subdivision 2. Information about fees in effect at any time is |
---|
| 4735 | + | available from the board office. The maximum amount of fees are: |
---|
| 4736 | + | A.application for licensure, $600; |
---|
| 4737 | + | B.renewal license, $600; |
---|
| 4738 | + | C.late renewal fee, $100; |
---|
| 4739 | + | D.temporary permit, $250; |
---|
| 4740 | + | E.duplicate license or duplicate renewal certificate, $10; |
---|
| 4741 | + | F.reinstatement, $650; |
---|
| 4742 | + | G.exam administration to persons who have not applied for a license or permit, |
---|
| 4743 | + | $50; |
---|
| 4744 | + | H.fee for verification of licensure, $30; and |
---|
| 4745 | + | I.miscellaneous fee: |
---|
| 4746 | + | 2R |
---|
| 4747 | + | APPENDIX |
---|
| 4748 | + | Repealed Minnesota Rules: 25-00338 (1)labels, $25; |
---|
| 4749 | + | (2)list of licensees, $25; and |
---|
| 4750 | + | (3)copies, 25 cents per page. |
---|
| 4751 | + | Subp. 2.Requirements.Fees must be paid in United States money and are not |
---|
| 4752 | + | refundable. |
---|
| 4753 | + | 9100.0400APPLICATION AND EXAMINATION FEES FOR LICENSURE TO |
---|
| 4754 | + | PRACTICE VETERINARY MEDICINE. |
---|
| 4755 | + | Subpart 1.Application fee. |
---|
| 4756 | + | A.A person applying for a license to practice veterinary medicine in Minnesota |
---|
| 4757 | + | or applying for a permit to take the national veterinary medical examination must pay a $50 |
---|
| 4758 | + | nonrefundable application fee to the board. Persons submitting concurrent applications for |
---|
| 4759 | + | licensure and a national examination permit shall pay only one application fee. |
---|
| 4760 | + | B.The application fee received supports only the application with which the fee |
---|
| 4761 | + | was submitted. A person who applies more than once must submit the full application fee |
---|
| 4762 | + | with each subsequent application. |
---|
| 4763 | + | Subp. 3.Examination fees. |
---|
| 4764 | + | A.All applicants for veterinary licensure in Minnesota must successfully pass the |
---|
| 4765 | + | Minnesota Veterinary Jurisprudence Examination. The fee for this examination is $50, |
---|
| 4766 | + | payable to the board. |
---|
| 4767 | + | B.An applicant participating in the national veterinary licensing examination |
---|
| 4768 | + | must complete a separate application for the national examination and submit the application |
---|
| 4769 | + | to the board for approval. Payment for the national examination must be made by the |
---|
| 4770 | + | applicant to the national board examination committee after the application for examination |
---|
| 4771 | + | has been approved by the board. |
---|
| 4772 | + | 9100.0500INITIAL AND RENEWAL FEE. |
---|
| 4773 | + | Subpart 1.Required for licensure.Each person now licensed to practice veterinary |
---|
| 4774 | + | medicine in this state, or who becomes licensed by the Board of Veterinary Medicine to |
---|
| 4775 | + | engage in the practice, shall pay an initial fee or a biennial license renewal fee if the person |
---|
| 4776 | + | wishes to practice veterinary medicine in the coming two-year period or remain licensed as |
---|
| 4777 | + | a veterinarian. A licensure period begins on March 1 and expires the last day of February |
---|
| 4778 | + | two years later. A licensee with an even-numbered license shall renew by March 1 of |
---|
| 4779 | + | even-numbered years and a licensee with an odd-numbered license shall renew by March |
---|
| 4780 | + | 1 of odd-numbered years. For 1996 license renewals, licensees with an even-numbered |
---|
| 4781 | + | license shall renew for two years. Licensees with an odd-numbered license shall renew for |
---|
| 4782 | + | one year and commence renewal for a two-year period in 1997. |
---|
| 4783 | + | Subp. 2.Amount.The initial licensure fee and the biennial renewal fee is $200 and |
---|
| 4784 | + | must be paid to the executive director of the board on or before March 1 of the first year of |
---|
| 4785 | + | the biennial license period. By January 1 of the first year for which the biennial renewal fee |
---|
| 4786 | + | is due, the board shall issue a renewal application to each current licensee to the last address |
---|
| 4787 | + | maintained in the board file. Failure to receive this notice does not relieve the licensee of |
---|
| 4788 | + | the obligation to pay renewal fees so that they are received by the board on or before the |
---|
| 4789 | + | renewal date of March 1. |
---|
| 4790 | + | Initial licenses issued after the start of the licensure renewal period are valid only until |
---|
| 4791 | + | the end of the period. |
---|
| 4792 | + | Subp. 3.Date due.A licensee must apply for a renewal license on or before March |
---|
| 4793 | + | 1 of the first year of the biennial license renewal period. A renewal license is valid from |
---|
| 4794 | + | March 1 through the last day of February of the last year of the two-year license renewal |
---|
| 4795 | + | 3R |
---|
| 4796 | + | APPENDIX |
---|
| 4797 | + | Repealed Minnesota Rules: 25-00338 period. An application postmarked no later than the last day of February must be considered |
---|
| 4798 | + | to have been received on March 1. |
---|
| 4799 | + | Subp. 4.Late renewal penalty.An applicant for renewal must pay a late renewal |
---|
| 4800 | + | penalty of $100 in addition to the renewal fee if the application for renewal is received after |
---|
| 4801 | + | March 1 of the licensure renewal period. A renewed license issued after March 1 of the |
---|
| 4802 | + | licensure renewal period is valid only to the end of the period regardless of when the renewal |
---|
| 4803 | + | fee is received. |
---|
| 4804 | + | Subp. 4a.Reinstatement fee.An applicant for license renewal whose license has |
---|
| 4805 | + | previously been suspended by official board action for nonrenewal must pay a reinstatement |
---|
| 4806 | + | fee of $50 in addition to the $200 renewal fee and the $100 late renewal penalty. |
---|
| 4807 | + | Subp. 5.Penalty for failure to pay.Within 30 days after the renewal date, a licensee |
---|
| 4808 | + | who has not renewed the license must be notified by letter sent to the last known address |
---|
| 4809 | + | of the licensee in the file of the board that the renewal is overdue and that failure to pay the |
---|
| 4810 | + | current fee and current late fee within 60 days after the renewal date will result in suspension |
---|
| 4811 | + | of the license. A second notice must be sent by registered or certified mail at least seven |
---|
| 4812 | + | days before a board meeting occurring 60 days or more after the renewal date to each licensee |
---|
| 4813 | + | who has not paid the renewal fee and late fee. |
---|
| 4814 | + | Subp. 6.Suspension.The board, by means of a roll call vote, shall suspend the license |
---|
| 4815 | + | of a licensee whose license renewal is at least 60 days overdue and to whom notification |
---|
| 4816 | + | has been sent as provided in subpart 5. Failure of a licensee to receive notification is not |
---|
| 4817 | + | grounds for later challenge by the licensee of the suspension. The former licensee must be |
---|
| 4818 | + | notified by registered or certified letter within seven days of the board action. The suspended |
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| 4819 | + | status placed on a license may be removed only on payment of renewal fees and late penalty |
---|
| 4820 | + | fees for each licensure period or part of a period that the license was not renewed. A licensee |
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| 4821 | + | who fails to renew a license for five years or more must meet the criteria of Minnesota |
---|
| 4822 | + | Statutes, section 156.071, for relicensure. |
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| 4823 | + | Subp. 7.Inactive license.A person holding a current unrestricted license to practice |
---|
| 4824 | + | veterinary medicine in Minnesota may, at the time of the person's next biennial license |
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| 4825 | + | renewal date, renew the license as an inactive license at one-half the renewal fee of an |
---|
| 4826 | + | unrestricted license. The license may be continued in an inactive status by renewal on a |
---|
| 4827 | + | biennial basis at one-half the regular license fee. |
---|
| 4828 | + | A.A person holding an inactive license is not permitted to practice veterinary |
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| 4829 | + | medicine in Minnesota and remains under the disciplinary authority of the board. |
---|
| 4830 | + | B.A person may convert a current inactive license to an unrestricted license upon |
---|
| 4831 | + | application to and approval by the board. The application must include: |
---|
| 4832 | + | (1)documentation of licensure in good standing and of having met continuing |
---|
| 4833 | + | education requirements of current state of practice, or documentation of having met |
---|
| 4834 | + | Minnesota continuing education requirements retroactive to the date of licensure inactivation; |
---|
| 4835 | + | (2)certification by the applicant that the applicant is not currently under |
---|
| 4836 | + | disciplinary orders or investigation for acts that could result in disciplinary action in any |
---|
| 4837 | + | other jurisdiction; and |
---|
| 4838 | + | (3)payment of a fee equal to the full difference between an inactive and |
---|
| 4839 | + | unrestricted license if converting during the first year of the biennial license cycle or payment |
---|
| 4840 | + | of a fee equal to one-half the difference between an inactive and an unrestricted license if |
---|
| 4841 | + | converting during the second year of the license cycle. |
---|
| 4842 | + | C.Deadline for renewal of an inactive license is March 1 of the first year of the |
---|
| 4843 | + | biennial license renewal period. A late renewal penalty of one-half the inactive renewal fee |
---|
| 4844 | + | must be paid if renewal is received after March 1. |
---|
| 4845 | + | 4R |
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| 4846 | + | APPENDIX |
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| 4847 | + | Repealed Minnesota Rules: 25-00338 9100.0600MISCELLANEOUS FEES. |
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| 4848 | + | Subpart 1.Temporary license fee.A person meeting the requirements for issuance |
---|
| 4849 | + | of a temporary permit to practice veterinary medicine under Minnesota Statutes, section |
---|
| 4850 | + | 156.072, subdivision 5, pending examination, who desires a temporary permit shall pay a |
---|
| 4851 | + | fee of $50 to the board. |
---|
| 4852 | + | Subp. 2.Duplicate license.A person requesting issuance of a duplicate or replacement |
---|
| 4853 | + | license shall pay a fee of $10 to the board. |
---|
| 4854 | + | 5R |
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| 4855 | + | APPENDIX |
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| 4856 | + | Repealed Minnesota Rules: 25-00338 |
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