Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2620 Compare Versions

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

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to human services; Department of Human Services Office of Inspector
3	3	1.3 General and operations policy provisions; modifying provisions on home and
4	4	1.4 community-based services licensing, behavioral health licensing, background
5	5	1.5 studies, Department of Corrections reconsiderations, anti-kickback laws, and
6	6	1.6 human services judges personal data protection; amending Minnesota Statutes
7	7	1.7 2024, sections 142E.51, subdivisions 5, 6; 144.651, subdivision 2; 245A.04,
8	8	1.8 subdivisions 1, 7; 245A.16, subdivision 1; 245A.242, subdivision 2; 245C.05, by
9	9	1.9 adding a subdivision; 245C.08, subdivision 3; 245C.22, subdivision 5; 245D.02,
10	10	1.10 subdivision 4a; 245G.05, subdivision 1; 245G.06, subdivisions 1, 2a, 3a; 245G.07,
11	11	1.11 subdivision 2; 245G.08, subdivision 6; 245G.09, subdivision 3; 245G.11,
12	12	1.12 subdivision 11; 245G.18, subdivision 2; 245G.19, subdivision 4, by adding a
13	13	1.13 subdivision; 245G.22, subdivisions 1, 14, 15; 256.98, subdivision 1; 256B.12;
14	14	1.14 480.40, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
15	15	1.15 609; repealing Minnesota Statutes 2024, section 245A.11, subdivision 8.
16	16	1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
17	17	1.17 Section 1. Minnesota Statutes 2024, section 142E.51, subdivision 5, is amended to read:
18	18	1.18 Subd. 5.Administrative disqualification of child care providers caring for children
19	19	1.19receiving child care assistance.(a) The department shall pursue an administrative
20	20	1.20disqualification, if the child care provider is accused of committing an intentional program
21	21	1.21violation, in lieu of a criminal action when it has not been pursued. Intentional program
22	22	1.22violations include intentionally making false or misleading statements; receiving or providing
23	23	1.23a kickback, as defined in subdivision 6, paragraph (b); intentionally misrepresenting,
24	24	1.24concealing, or withholding facts; and repeatedly and intentionally violating program
25	25	1.25regulations under this chapter. Intent may be proven by demonstrating a pattern of conduct
26	26	1.26that violates program rules under this chapter.
27	27	1.27 (b) To initiate an administrative disqualification, the commissioner must send written
28	28	1.28notice using a signature-verified confirmed delivery method to the provider against whom
29	29	1Section 1.
30	30	25-00346 as introduced02/17/25 REVISOR EB/DG
31	31	SENATE
32	32	STATE OF MINNESOTA
33	33	S.F. No. 2620NINETY-FOURTH SESSION
34	34	(SENATE AUTHORS: WIKLUND and Port)
35	35	OFFICIAL STATUSD-PGDATE
36	36	Introduction and first reading03/17/2025
37	37	Referred to Health and Human Services 2.1the action is being taken. Unless otherwise specified under this chapter or Minnesota Rules,
38	38	2.2chapter 3400, the commissioner must send the written notice at least 15 calendar days before
39	39	2.3the adverse action's effective date. The notice shall state (1) the factual basis for the agency's
40	40	2.4determination, (2) the action the agency intends to take, (3) the dollar amount of the monetary
41	41	2.5recovery or recoupment, if known, and (4) the provider's right to appeal the agency's proposed
42	42	2.6action.
43	43	2.7 (c) The provider may appeal an administrative disqualification by submitting a written
44	44	2.8request to the state agency. A provider's request must be received by the state agency no
45	45	2.9later than 30 days after the date the commissioner mails the notice.
46	46	2.10 (d) The provider's appeal request must contain the following:
47	47	2.11 (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
48	48	2.12dollar amount involved for each disputed item;
49	49	2.13 (2) the computation the provider believes to be correct, if applicable;
50	50	2.14 (3) the statute or rule relied on for each disputed item; and
51	51	2.15 (4) the name, address, and telephone number of the person at the provider's place of
52	52	2.16business with whom contact may be made regarding the appeal.
53	53	2.17 (e) On appeal, the issuing agency bears the burden of proof to demonstrate by a
54	54	2.18preponderance of the evidence that the provider committed an intentional program violation.
55	55	2.19 (f) The hearing is subject to the requirements of section 142A.20. The human services
56	56	2.20judge may combine a fair hearing and administrative disqualification hearing into a single
57	57	2.21hearing if the factual issues arise out of the same or related circumstances and the provider
58	58	2.22receives prior notice that the hearings will be combined.
59	59	2.23 (g) A provider found to have committed an intentional program violation and is
60	60	2.24administratively disqualified must be disqualified, for a period of three years for the first
61	61	2.25offense and permanently for any subsequent offense, from receiving any payments from
62	62	2.26any child care program under this chapter.
63	63	2.27 (h) Unless a timely and proper appeal made under this section is received by the
64	64	2.28department, the administrative determination of the department is final and binding.
65	65	2.29 Sec. 2. Minnesota Statutes 2024, section 142E.51, subdivision 6, is amended to read:
66	66	2.30 Subd. 6.Prohibited hiring practice practices.(a) It is prohibited to hire a child care
67	67	2.31center employee when, as a condition of employment, the employee is required to have one
68	68	2.32or more children who are eligible for or receive child care assistance, if:
69	69	2Sec. 2.
70	70	25-00346 as introduced02/17/25 REVISOR EB/DG 3.1 (1) the individual hiring the employee is, or is acting at the direction of or in cooperation
71	71	3.2with, a child care center provider, center owner, director, manager, license holder, or other
72	72	3.3controlling individual; and
73	73	3.4 (2) the individual hiring the employee knows or has reason to know the purpose in hiring
74	74	3.5the employee is to obtain child care assistance program funds.
75	75	3.6 (b) Program applicants, participants, and providers are prohibited from receiving or
76	76	3.7providing a kickback or payment in exchange for obtaining or attempting to obtain child
77	77	3.8care assistance benefits for their own financial gain. This paragraph does not apply to:
78	78	3.9 (1) marketing or promotional offerings that directly benefit an applicant or recipient's
79	79	3.10child or dependent for whom the child care provider is providing child care services; or
80	80	3.11 (2) child care provider discounts, scholarships, or other financial assistance allowed
81	81	3.12under section 142E.17, subdivision 7.
82	82	3.13 (c) An attempt to buy or sell access to a family's child care subsidy benefits to an
83	83	3.14unauthorized person by an applicant, a participant, or a provider is a kickback, an intentional
84	84	3.15program violation under subdivision 5, and wrongfully obtaining assistance under section
85	85	3.16256.98.
86	86	3.17 Sec. 3. Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read:
87	87	3.18 Subd. 2.Definitions.For the purposes of this section, "patient" means a person who is
88	88	3.19admitted to an acute care inpatient facility for a continuous period longer than 24 hours, for
89	89	3.20the purpose of diagnosis or treatment bearing on the physical or mental health of that person.
90	90	3.21For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also means a
91	91	3.22person who receives health care services at an outpatient surgical center or at a birth center
92	92	3.23licensed under section 144.615. "Patient" also means a minor person who is admitted to a
93	93	3.24residential program as defined in section 253C.01. "Patient" also means a person who is
94	94	3.25admitted to a residential substance use disorder treatment program licensed according to
95	95	3.26Minnesota Rules, parts 2960.0430 to 2960.0490. For purposes of subdivisions 1, 3 to 16,
96	96	3.2718, 20 and 30, "patient" also means any person who is receiving mental health treatment or
97	97	3.28substance use disorder treatment on an outpatient basis or in a community support program
98	98	3.29or other community-based program. "Resident" means a person who is admitted to a nonacute
99	99	3.30care facility including extended care facilities, nursing homes, and boarding care homes for
100	100	3.31care required because of prolonged mental or physical illness or disability, recovery from
101	101	3.32injury or disease, or advancing age. For purposes of all subdivisions except subdivisions
102	102	3.3328 and 29, "resident" also means a person who is admitted to a facility licensed as a board
103	103	3Sec. 3.
104	104	25-00346 as introduced02/17/25 REVISOR EB/DG 4.1and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care
105	105	4.2home under sections 144.50 to 144.56, or a supervised living facility under Minnesota Rules,
106	106	4.3parts 4665.0100 to 4665.9900, and which that operates a rehabilitation withdrawal
107	107	4.4management program licensed under chapter 245F, a residential substance use disorder
108	108	4.5treatment program licensed under chapter 245G or, an intensive residential treatment services
109	109	4.6or residential crisis stabilization program licensed under chapter 245I, or a detoxification
110	110	4.7program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590.
111	111	4.8 Sec. 4. Minnesota Statutes 2024, section 245A.04, subdivision 1, is amended to read:
112	112	4.9 Subdivision 1.Application for licensure.(a) An individual, organization, or government
113	113	4.10entity that is subject to licensure under section 245A.03 must apply for a license. The
114	114	4.11application must be made on the forms and in the manner prescribed by the commissioner.
115	115	4.12The commissioner shall provide the applicant with instruction in completing the application
116	116	4.13and provide information about the rules and requirements of other state agencies that affect
117	117	4.14the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
118	118	4.15Minnesota must have a program office located within 30 miles of the Minnesota border.
119	119	4.16An applicant who intends to buy or otherwise acquire a program or services licensed under
120	120	4.17this chapter that is owned by another license holder must apply for a license under this
121	121	4.18chapter and comply with the application procedures in this section and section 245A.043.
122	122	4.19 The commissioner shall act on the application within 90 working days after a complete
123	123	4.20application and any required reports have been received from other state agencies or
124	124	4.21departments, counties, municipalities, or other political subdivisions. The commissioner
125	125	4.22shall not consider an application to be complete until the commissioner receives all of the
126	126	4.23required information.
127	127	4.24 When the commissioner receives an application for initial licensure that is incomplete
128	128	4.25because the applicant failed to submit required documents or that is substantially deficient
129	129	4.26because the documents submitted do not meet licensing requirements, the commissioner
130	130	4.27shall provide the applicant written notice that the application is incomplete or substantially
131	131	4.28deficient. In the written notice to the applicant the commissioner shall identify documents
132	132	4.29that are missing or deficient and give the applicant 45 days to resubmit a second application
133	133	4.30that is substantially complete. An applicant's failure to submit a substantially complete
134	134	4.31application after receiving notice from the commissioner is a basis for license denial under
135	135	4.32section 245A.043.
136	136	4.33 (b) An application for licensure must identify all controlling individuals as defined in
137	137	4.34section 245A.02, subdivision 5a, and must designate one individual to be the authorized
138	138	4Sec. 4.
139	139	25-00346 as introduced02/17/25 REVISOR EB/DG 5.1agent. The application must be signed by the authorized agent and must include the authorized
140	140	5.2agent's first, middle, and last name; mailing address; and email address. By submitting an
141	141	5.3application for licensure, the authorized agent consents to electronic communication with
142	142	5.4the commissioner throughout the application process. The authorized agent must be
143	143	5.5authorized to accept service on behalf of all of the controlling individuals. A government
144	144	5.6entity that holds multiple licenses under this chapter may designate one authorized agent
145	145	5.7for all licenses issued under this chapter or may designate a different authorized agent for
146	146	5.8each license. Service on the authorized agent is service on all of the controlling individuals.
147	147	5.9It is not a defense to any action arising under this chapter that service was not made on each
148	148	5.10controlling individual. The designation of a controlling individual as the authorized agent
149	149	5.11under this paragraph does not affect the legal responsibility of any other controlling individual
150	150	5.12under this chapter.
151	151	5.13 (c) An applicant or license holder must have a policy that prohibits license holders,
152	152	5.14employees, subcontractors, and volunteers, when directly responsible for persons served
153	153	5.15by the program, from abusing prescription medication or being in any manner under the
154	154	5.16influence of a chemical that impairs the individual's ability to provide services or care. The
155	155	5.17license holder must train employees, subcontractors, and volunteers about the program's
156	156	5.18drug and alcohol policy before the employee, subcontractor, or volunteer has direct contact,
157	157	5.19as defined in section 245C.02, subdivision 11, with a person served by the program.
158	158	5.20 (d) An applicant and license holder must have a program grievance procedure that permits
159	159	5.21persons served by the program and their authorized representatives to bring a grievance to
160	160	5.22the highest level of authority in the program.
161	161	5.23 (e) The commissioner may limit communication during the application process to the
162	162	5.24authorized agent or the controlling individuals identified on the license application and for
163	163	5.25whom a background study was initiated under chapter 245C. Upon implementation of the
164	164	5.26provider licensing and reporting hub, applicants and license holders must use the hub in the
165	165	5.27manner prescribed by the commissioner. The commissioner may require the applicant,
166	166	5.28except for child foster care, to demonstrate competence in the applicable licensing
167	167	5.29requirements by successfully completing a written examination. The commissioner may
168	168	5.30develop a prescribed written examination format.
169	169	5.31 (f) When an applicant is an individual, the applicant must provide:
170	170	5.32 (1) the applicant's taxpayer identification numbers including the Social Security number
171	171	5.33or Minnesota tax identification number, and federal employer identification number if the
172	172	5.34applicant has employees;
173	173	5Sec. 4.
174	174	25-00346 as introduced02/17/25 REVISOR EB/DG 6.1 (2) at the request of the commissioner, a copy of the most recent filing with the secretary
175	175	6.2of state that includes the complete business name, if any;
176	176	6.3 (3) if doing business under a different name, the doing business as (DBA) name, as
177	177	6.4registered with the secretary of state;
178	178	6.5 (4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
179	179	6.6Minnesota Provider Identifier (UMPI) number; and
180	180	6.7 (5) at the request of the commissioner, the notarized signature of the applicant or
181	181	6.8authorized agent.
182	182	6.9 (g) When an applicant is an organization, the applicant must provide:
183	183	6.10 (1) the applicant's taxpayer identification numbers including the Minnesota tax
184	184	6.11identification number and federal employer identification number;
185	185	6.12 (2) at the request of the commissioner, a copy of the most recent filing with the secretary
186	186	6.13of state that includes the complete business name, and if doing business under a different
187	187	6.14name, the doing business as (DBA) name, as registered with the secretary of state;
188	188	6.15 (3) the first, middle, and last name, and address for all individuals who will be controlling
189	189	6.16individuals, including all officers, owners, and managerial officials as defined in section
190	190	6.17245A.02, subdivision 5a, and the date that the background study was initiated by the applicant
191	191	6.18for each controlling individual;
192	192	6.19 (4) if applicable, the applicant's NPI number and UMPI number;
193	193	6.20 (5) the documents that created the organization and that determine the organization's
194	194	6.21internal governance and the relations among the persons that own the organization, have
195	195	6.22an interest in the organization, or are members of the organization, in each case as provided
196	196	6.23or authorized by the organization's governing statute, which may include a partnership
197	197	6.24agreement, bylaws, articles of organization, organizational chart, and operating agreement,
198	198	6.25or comparable documents as provided in the organization's governing statute; and
199	199	6.26 (6) the notarized signature of the applicant or authorized agent.
200	200	6.27 (h) When the applicant is a government entity, the applicant must provide:
201	201	6.28 (1) the name of the government agency, political subdivision, or other unit of government
202	202	6.29seeking the license and the name of the program or services that will be licensed;
203	203	6.30 (2) the applicant's taxpayer identification numbers including the Minnesota tax
204	204	6.31identification number and federal employer identification number;
205	205	6Sec. 4.
206	206	25-00346 as introduced02/17/25 REVISOR EB/DG 7.1 (3) a letter signed by the manager, administrator, or other executive of the government
207	207	7.2entity authorizing the submission of the license application; and
208	208	7.3 (4) if applicable, the applicant's NPI number and UMPI number.
209	209	7.4 (i) At the time of application for licensure or renewal of a license under this chapter, the
210	210	7.5applicant or license holder must acknowledge on the form provided by the commissioner
211	211	7.6if the applicant or license holder elects to receive any public funding reimbursement from
212	212	7.7the commissioner for services provided under the license that:
213	213	7.8 (1) the applicant's or license holder's compliance with the provider enrollment agreement
214	214	7.9or registration requirements for receipt of public funding may be monitored by the
215	215	7.10commissioner as part of a licensing investigation or licensing inspection; and
216	216	7.11 (2) noncompliance with the provider enrollment agreement or registration requirements
217	217	7.12for receipt of public funding that is identified through a licensing investigation or licensing
218	218	7.13inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
219	219	7.14reimbursement for a service, may result in:
220	220	7.15 (i) a correction order or a conditional license under section 245A.06, or sanctions under
221	221	7.16section 245A.07;
222	222	7.17 (ii) nonpayment of claims submitted by the license holder for public program
223	223	7.18reimbursement;
224	224	7.19 (iii) recovery of payments made for the service;
225	225	7.20 (iv) disenrollment in the public payment program; or
226	226	7.21 (v) other administrative, civil, or criminal penalties as provided by law.
227	227	7.22 Sec. 5. Minnesota Statutes 2024, section 245A.04, subdivision 7, is amended to read:
228	228	7.23 Subd. 7.Grant of license; license extension.(a) If the commissioner determines that
229	229	7.24the program complies with all applicable rules and laws, the commissioner shall issue a
230	230	7.25license consistent with this section or, if applicable, a temporary change of ownership license
231	231	7.26under section 245A.043. At minimum, the license shall state:
232	232	7.27 (1) the name of the license holder;
233	233	7.28 (2) the address of the program;
234	234	7.29 (3) the effective date and expiration date of the license;
235	235	7.30 (4) the type of license;
236	236	7Sec. 5.
237	237	25-00346 as introduced02/17/25 REVISOR EB/DG 8.1 (5) the maximum number and ages of persons that may receive services from the program;
238	238	8.2and
239	239	8.3 (6) any special conditions of licensure.
240	240	8.4 (b) The commissioner may issue a license for a period not to exceed two years if:
241	241	8.5 (1) the commissioner is unable to conduct the observation required by subdivision 4,
242	242	8.6paragraph (a), clause (3), because the program is not yet operational;
243	243	8.7 (2) certain records and documents are not available because persons are not yet receiving
244	244	8.8services from the program; and
245	245	8.9 (3) the applicant complies with applicable laws and rules in all other respects.
246	246	8.10 (c) A decision by the commissioner to issue a license does not guarantee that any person
247	247	8.11or persons will be placed or cared for in the licensed program.
248	248	8.12 (d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a
249	249	8.13license if the applicant, license holder, or an affiliated controlling individual has:
250	250	8.14 (1) been disqualified and the disqualification was not set aside and no variance has been
251	251	8.15granted;
252	252	8.16 (2) been denied a license under this chapter or chapter 142B within the past two years;
253	253	8.17 (3) had a license issued under this chapter or chapter 142B revoked within the past five
254	254	8.18years; or
255	255	8.19 (4) failed to submit the information required of an applicant under subdivision 1,
256	256	8.20paragraph (f), (g), or (h), after being requested by the commissioner.
257	257	8.21 When a license issued under this chapter or chapter 142B is revoked, the license holder
258	258	8.22and each affiliated controlling individual with a revoked license may not hold any license
259	259	8.23under chapter 245A for five years following the revocation, and other licenses held by the
260	260	8.24applicant or license holder or licenses affiliated with each controlling individual shall also
261	261	8.25be revoked.
262	262	8.26 (e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
263	263	8.27affiliated with a license holder or controlling individual that had a license revoked within
264	264	8.28the past five years if the commissioner determines that (1) the license holder or controlling
265	265	8.29individual is operating the program in substantial compliance with applicable laws and rules
266	266	8.30and (2) the program's continued operation is in the best interests of the community being
267	267	8.31served.
268	268	8Sec. 5.
269	269	25-00346 as introduced02/17/25 REVISOR EB/DG 9.1 (f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
270	270	9.2to an application that is affiliated with an applicant, license holder, or controlling individual
271	271	9.3that had an application denied within the past two years or a license revoked within the past
272	272	9.4five years if the commissioner determines that (1) the applicant or controlling individual
273	273	9.5has operated one or more programs in substantial compliance with applicable laws and rules
274	274	9.6and (2) the program's operation would be in the best interests of the community to be served.
275	275	9.7 (g) In determining whether a program's operation would be in the best interests of the
276	276	9.8community to be served, the commissioner shall consider factors such as the number of
277	277	9.9persons served, the availability of alternative services available in the surrounding
278	278	9.10community, the management structure of the program, whether the program provides
279	279	9.11culturally specific services, and other relevant factors.
280	280	9.12 (h) The commissioner shall not issue or reissue a license under this chapter if an individual
281	281	9.13living in the household where the services will be provided as specified under section
282	282	9.14245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
283	283	9.15and no variance has been granted.
284	284	9.16 (i) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued
285	285	9.17under this chapter has been suspended or revoked and the suspension or revocation is under
286	286	9.18appeal, the program may continue to operate pending a final order from the commissioner.
287	287	9.19If the license under suspension or revocation will expire before a final order is issued, a
288	288	9.20temporary provisional license may be issued provided any applicable license fee is paid
289	289	9.21before the temporary provisional license is issued.
290	290	9.22 (j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of
291	291	9.23a controlling individual or license holder, and the controlling individual or license holder
292	292	9.24is ordered under section 245C.17 to be immediately removed from direct contact with
293	293	9.25persons receiving services or is ordered to be under continuous, direct supervision when
294	294	9.26providing direct contact services, the program may continue to operate only if the program
295	295	9.27complies with the order and submits documentation demonstrating compliance with the
296	296	9.28order. If the disqualified individual fails to submit a timely request for reconsideration, or
297	297	9.29if the disqualification is not set aside and no variance is granted, the order to immediately
298	298	9.30remove the individual from direct contact or to be under continuous, direct supervision
299	299	9.31remains in effect pending the outcome of a hearing and final order from the commissioner.
300	300	9.32 (k) Unless otherwise specified by statute, all licenses issued under this chapter expire
301	301	9.33at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must
302	302	9.34apply for and be granted comply with the requirements in section 245A.10 and be reissued
303	303	9Sec. 5.
304	304	25-00346 as introduced02/17/25 REVISOR EB/DG 10.1a new license to operate the program or the program must not be operated after the expiration
305	305	10.2date. Adult foster care, family adult day services, child foster residence setting, and
306	306	10.3community residential services license holders must apply for and be granted a new license
307	307	10.4to operate the program or the program must not be operated after the expiration date. Upon
308	308	10.5implementation of the provider licensing and reporting hub, licenses may be issued each
309	309	10.6calendar year.
310	310	10.7 (l) The commissioner shall not issue or reissue a license under this chapter if it has been
311	311	10.8determined that a Tribal licensing authority has established jurisdiction to license the program
312	312	10.9or service.
313	313	10.10 (m) The commissioner of human services may coordinate and share data with the
314	314	10.11commissioner of children, youth, and families to enforce this section.
315	315	10.12Sec. 6. Minnesota Statutes 2024, section 245A.16, subdivision 1, is amended to read:
316	316	10.13 Subdivision 1.Delegation of authority to agencies.(a) County agencies that have been
317	317	10.14designated by the commissioner to perform licensing functions and activities under section
318	318	10.15245A.04; to recommend denial of applicants under section 245A.05; to issue correction
319	319	10.16orders, to issue variances, and recommend a conditional license under section 245A.06; or
320	320	10.17to recommend suspending or revoking a license or issuing a fine under section 245A.07,
321	321	10.18shall comply with rules and directives of the commissioner governing those functions and
322	322	10.19with this section. The following variances are excluded from the delegation of variance
323	323	10.20authority and may be issued only by the commissioner:
324	324	10.21 (1) dual licensure of child foster residence setting and community residential setting;
325	325	10.22 (2) until the responsibility for family child foster care transfers to the commissioner of
326	326	10.23children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual
327	327	10.24licensure of family child foster care and family adult foster care;
328	328	10.25 (3) until the responsibility for family child care transfers to the commissioner of children,
329	329	10.26youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of
330	330	10.27family adult foster care and family child care;
331	331	10.28 (4) adult foster care or community residential setting maximum capacity;
332	332	10.29 (5) adult foster care or community residential setting minimum age requirement;
333	333	10.30 (6) child foster care maximum age requirement;
334	334	10.31 (7) variances regarding disqualified individuals;
335	335	10Sec. 6.
336	336	25-00346 as introduced02/17/25 REVISOR EB/DG 11.1 (8) the required presence of a caregiver in the adult foster care residence during normal
337	337	11.2sleeping hours;
338	338	11.3 (9) variances to requirements relating to chemical use problems of a license holder or a
339	339	11.4household member of a license holder; and
340	340	11.5 (10) variances to section 142B.46 for the use of a cradleboard for a cultural
341	341	11.6accommodation.
342	342	11.7 (b) Once the respective responsibilities transfer from the commissioner of human services
343	343	11.8to the commissioner of children, youth, and families, under Laws 2023, chapter 70, article
344	344	11.912, section 30, the commissioners of human services and children, youth, and families must
345	345	11.10both approve a variance for dual licensure of family child foster care and family adult foster
346	346	11.11care or family adult foster care and family child care. Variances under this paragraph are
347	347	11.12excluded from the delegation of variance authority and may be issued only by both
348	348	11.13commissioners.
349	349	11.14 (c) For family adult day services programs, the commissioner may authorize licensing
350	350	11.15reviews every two years after a licensee has had at least one annual review.
351	351	11.16 (d) A (c) An adult foster care, family adult day services, child foster residence setting,
352	352	11.17or community residential services license issued under this section may be issued for up to
353	353	11.18two years until implementation of the provider licensing and reporting hub. Upon
354	354	11.19implementation of the provider licensing and reporting hub, licenses may be issued each
355	355	11.20calendar year.
356	356	11.21 (e) (d) During implementation of chapter 245D, the commissioner shall consider:
357	357	11.22 (1) the role of counties in quality assurance;
358	358	11.23 (2) the duties of county licensing staff; and
359	359	11.24 (3) the possible use of joint powers agreements, according to section 471.59, with counties
360	360	11.25through which some licensing duties under chapter 245D may be delegated by the
361	361	11.26commissioner to the counties.
362	362	11.27Any consideration related to this paragraph must meet all of the requirements of the corrective
363	363	11.28action plan ordered by the federal Centers for Medicare and Medicaid Services.
364	364	11.29 (f) (e) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
365	365	11.30successor provisions; and section 245D.061 or successor provisions, for family child foster
366	366	11.31care programs providing out-of-home respite, as identified in section 245D.03, subdivision
367	367	11.321, paragraph (b), clause (1), is excluded from the delegation of authority to county agencies.
368	368	11Sec. 6.
369	369	25-00346 as introduced02/17/25 REVISOR EB/DG 12.1 Sec. 7. Minnesota Statutes 2024, section 245A.242, subdivision 2, is amended to read:
370	370	12.2 Subd. 2.Emergency overdose treatment.(a) A license holder must maintain a supply
371	371	12.3of opiate antagonists as defined in section 604A.04, subdivision 1, available for emergency
372	372	12.4treatment of opioid overdose and must have a written standing order protocol by a physician
373	373	12.5who is licensed under chapter 147, advanced practice registered nurse who is licensed under
374	374	12.6chapter 148, or physician assistant who is licensed under chapter 147A, that permits the
375	375	12.7license holder to maintain a supply of opiate antagonists on site. A license holder must
376	376	12.8require staff to undergo training in the specific mode of administration used at the program,
377	377	12.9which may include intranasal administration, intramuscular injection, or both, before the
378	378	12.10staff has direct contact, as defined in section 245C.02, subdivision 11, with a person served
379	379	12.11by the program.
380	380	12.12 (b) Notwithstanding any requirements to the contrary in Minnesota Rules, chapters 2960
381	381	12.13and 9530, and Minnesota Statutes, chapters 245F, 245G, and 245I:
382	382	12.14 (1) emergency opiate antagonist medications are not required to be stored in a locked
383	383	12.15area and staff and adult clients may carry this medication on them and store it in an unlocked
384	384	12.16location;
385	385	12.17 (2) staff persons who only administer emergency opiate antagonist medications only
386	386	12.18require the training required by paragraph (a), which any knowledgeable trainer may provide.
387	387	12.19The trainer is not required to be a registered nurse or part of an accredited educational
388	388	12.20institution; and
389	389	12.21 (3) nonresidential substance use disorder treatment programs that do not administer
390	390	12.22client medications beyond emergency opiate antagonist medications are not required to
391	391	12.23have the policies and procedures required in section 245G.08, subdivisions 5 and 6, and
392	392	12.24must instead describe the program's procedures for administering opiate antagonist
393	393	12.25medications in the license holder's description of health care services under section 245G.08,
394	394	12.26subdivision 1.
395	395	12.27Sec. 8. Minnesota Statutes 2024, section 245C.05, is amended by adding a subdivision to
396	396	12.28read:
397	397	12.29 Subd. 9.Electronic signature.For documentation requiring a signature under this
398	398	12.30chapter, use of an electronic signature as defined under section 325L.02, paragraph (h), is
399	399	12.31allowed.
400	400	12Sec. 8.
401	401	25-00346 as introduced02/17/25 REVISOR EB/DG 13.1 Sec. 9. Minnesota Statutes 2024, section 245C.08, subdivision 3, is amended to read:
402	402	13.2 Subd. 3.Arrest and investigative information.(a) For any background study completed
403	403	13.3under this section, if the commissioner has reasonable cause to believe the information is
404	404	13.4pertinent to the disqualification of an individual, the commissioner also may review arrest
405	405	13.5and investigative information from:
406	406	13.6 (1) the Bureau of Criminal Apprehension;
407	407	13.7 (2) the commissioners of children, youth, and families; health; and human services;
408	408	13.8 (3) a county attorney prosecutor;
409	409	13.9 (4) a county sheriff;
410	410	13.10 (5) (4) a county agency;
411	411	13.11 (6) (5) a local chief of police law enforcement agency;
412	412	13.12 (7) (6) other states;
413	413	13.13 (8) (7) the courts;
414	414	13.14 (9) (8) the Federal Bureau of Investigation;
415	415	13.15 (10) (9) the National Criminal Records Repository; and
416	416	13.16 (11) (10) criminal records from other states.
417	417	13.17 (b) Except when specifically required by law, the commissioner is not required to conduct
418	418	13.18more than one review of a subject's records from the Federal Bureau of Investigation if a
419	419	13.19review of the subject's criminal history with the Federal Bureau of Investigation has already
420	420	13.20been completed by the commissioner and there has been no break in the subject's affiliation
421	421	13.21with the entity that initiated the background study.
422	422	13.22 (c) If the commissioner conducts a national criminal history record check when required
423	423	13.23by law and uses the information from the national criminal history record check to make a
424	424	13.24disqualification determination, the data obtained is private data and cannot be shared with
425	425	13.25private agencies or prospective employers of the background study subject.
426	426	13.26 (d) If the commissioner conducts a national criminal history record check when required
427	427	13.27by law and uses the information from the national criminal history record check to make a
428	428	13.28disqualification determination, the license holder or entity that submitted the study is not
429	429	13.29required to obtain a copy of the background study subject's disqualification letter under
430	430	13.30section 245C.17, subdivision 3.
431	431	13Sec. 9.
432	432	25-00346 as introduced02/17/25 REVISOR EB/DG 14.1 Sec. 10. Minnesota Statutes 2024, section 245C.22, subdivision 5, is amended to read:
433	433	14.2 Subd. 5.Scope of set-aside.(a) If the commissioner sets aside a disqualification under
434	434	14.3this section, the disqualified individual remains disqualified, but may hold a license and
435	435	14.4have direct contact with or access to persons receiving services. Except as provided in
436	436	14.5paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the
437	437	14.6licensed program, applicant, or agency specified in the set aside notice under section 245C.23.
438	438	14.7For personal care provider organizations, financial management services organizations,
439	439	14.8community first services and supports organizations, unlicensed home and community-based
440	440	14.9organizations, and consumer-directed community supports organizations, the commissioner's
441	441	14.10set-aside may further be limited to a specific individual who is receiving services. For new
442	442	14.11background studies required under section 245C.04, subdivision 1, paragraph (h), if an
443	443	14.12individual's disqualification was previously set aside for the license holder's program and
444	444	14.13the new background study results in no new information that indicates the individual may
445	445	14.14pose a risk of harm to persons receiving services from the license holder, the previous
446	446	14.15set-aside shall remain in effect.
447	447	14.16 (b) If the commissioner has previously set aside an individual's disqualification for one
448	448	14.17or more programs or agencies, and the individual is the subject of a subsequent background
449	449	14.18study for a different program or agency, the commissioner shall determine whether the
450	450	14.19disqualification is set aside for the program or agency that initiated the subsequent
451	451	14.20background study. A notice of a set-aside under paragraph (c) shall be issued within 15
452	452	14.21working days if all of the following criteria are met:
453	453	14.22 (1) the subsequent background study was initiated in connection with a program licensed
454	454	14.23or regulated under the same provisions of law and rule for at least one program for which
455	455	14.24the individual's disqualification was previously set aside by the commissioner;
456	456	14.25 (2) the individual is not disqualified for an offense specified in section 245C.15,
457	457	14.26subdivision 1 or 2;
458	458	14.27 (3) the commissioner has received no new information to indicate that the individual
459	459	14.28may pose a risk of harm to any person served by the program; and
460	460	14.29 (4) the previous set-aside was not limited to a specific person receiving services.
461	461	14.30 (c) Notwithstanding paragraph (b), clause (2), for an individual who is employed in the
462	462	14.31substance use disorder field, if the commissioner has previously set aside an individual's
463	463	14.32disqualification for one or more programs or agencies in the substance use disorder treatment
464	464	14.33field, and the individual is the subject of a subsequent background study for a different
465	465	14.34program or agency in the substance use disorder treatment field, the commissioner shall set
466	466	14Sec. 10.
467	467	25-00346 as introduced02/17/25 REVISOR EB/DG 15.1aside the disqualification for the program or agency in the substance use disorder treatment
468	468	15.2field that initiated the subsequent background study when the criteria under paragraph (b),
469	469	15.3clauses (1), (3), and (4), are met and the individual is not disqualified for an offense specified
470	470	15.4in section 245C.15, subdivision 1. A notice of a set-aside under paragraph (d) shall be issued
471	471	15.5within 15 working days.
472	472	15.6 (d) When a disqualification is set aside under paragraph (b), the notice of background
473	473	15.7study results issued under section 245C.17, in addition to the requirements under section
474	474	15.8245C.17, shall state that the disqualification is set aside for the program or agency that
475	475	15.9initiated the subsequent background study. The notice must inform the individual that the
476	476	15.10individual may request reconsideration of the disqualification under section 245C.21 on the
477	477	15.11basis that the information used to disqualify the individual is incorrect.
478	478	15.12Sec. 11. Minnesota Statutes 2024, section 245D.02, subdivision 4a, is amended to read:
479	479	15.13 Subd. 4a.Community residential setting."Community residential setting" means a
480	480	15.14residential program as identified in section 245A.11, subdivision 8, where residential supports
481	481	15.15and services identified in section 245D.03, subdivision 1, paragraph (c), clause (3), items
482	482	15.16(i) and (ii), are provided to adults, as defined in section 245A.02, subdivision 2, and the
483	483	15.17license holder is the owner, lessor, or tenant of the facility licensed according to this chapter,
484	484	15.18and the license holder does not reside in the facility.
485	485	15.19 EFFECTIVE DATE.This section is effective August 1, 2025.
486	486	15.20Sec. 12. Minnesota Statutes 2024, section 245G.05, subdivision 1, is amended to read:
487	487	15.21 Subdivision 1.Comprehensive assessment.A comprehensive assessment of the client's
488	488	15.22substance use disorder must be administered face-to-face by an alcohol and drug counselor
489	489	15.23within five calendar days from the day of service initiation for a residential program or by
490	490	15.24the end of the fifth day on which a treatment service is provided in a nonresidential program.
491	491	15.25The number of days to complete the comprehensive assessment excludes the day of service
492	492	15.26initiation. If the comprehensive assessment is not completed within the required time frame,
493	493	15.27the person-centered reason for the delay and the planned completion date must be documented
494	494	15.28in the client's file. The comprehensive assessment is complete upon a qualified staff member's
495	495	15.29dated signature. If the client previously received a comprehensive assessment that authorized
496	496	15.30the treatment service, an alcohol and drug counselor may use the comprehensive assessment
497	497	15.31for requirements of this subdivision but must document a review of the comprehensive
498	498	15.32assessment and update the comprehensive assessment as clinically necessary to ensure
499	499	15Sec. 12.
500	500	25-00346 as introduced02/17/25 REVISOR EB/DG 16.1compliance with this subdivision within applicable timelines. An alcohol and drug counselor
501	501	16.2must sign and date the comprehensive assessment review and update.
502	502	16.3 Sec. 13. Minnesota Statutes 2024, section 245G.06, subdivision 1, is amended to read:
503	503	16.4 Subdivision 1.General.Each client must have a person-centered individual treatment
504	504	16.5plan developed by an alcohol and drug counselor within ten days from the day of service
505	505	16.6initiation for a residential program, by the end of the tenth day on which a treatment session
506	506	16.7has been provided from the day of service initiation for a client in a nonresidential program,
507	507	16.8not to exceed 30 days. Opioid treatment programs must complete the individual treatment
508	508	16.9plan within 21 14 days from the day of service initiation. The number of days to complete
509	509	16.10the individual treatment plan excludes the day of service initiation. The individual treatment
510	510	16.11plan must be signed by the client and the alcohol and drug counselor and document the
511	511	16.12client's involvement in the development of the plan. The individual treatment plan is
512	512	16.13developed upon the qualified staff member's dated signature. Treatment planning must
513	513	16.14include ongoing assessment of client needs. An individual treatment plan must be updated
514	514	16.15based on new information gathered about the client's condition, the client's level of
515	515	16.16participation, and on whether methods identified have the intended effect. A change to the
516	516	16.17plan must be signed by the client and the alcohol and drug counselor. If the client chooses
517	517	16.18to have family or others involved in treatment services, the client's individual treatment plan
518	518	16.19must include how the family or others will be involved in the client's treatment. If a client
519	519	16.20is receiving treatment services or an assessment via telehealth and the alcohol and drug
520	520	16.21counselor documents the reason the client's signature cannot be obtained, the alcohol and
521	521	16.22drug counselor may document the client's verbal approval or electronic written approval of
522	522	16.23the treatment plan or change to the treatment plan in lieu of the client's signature.
523	523	16.24Sec. 14. Minnesota Statutes 2024, section 245G.06, subdivision 2a, is amended to read:
524	524	16.25 Subd. 2a.Documentation of treatment services.The license holder must ensure that
525	525	16.26the staff member who provides the treatment service documents in the client record the
526	526	16.27date, type, and amount of each treatment service provided to a client and the client's response
527	527	16.28to each treatment service within seven days of providing the treatment service. In addition
528	528	16.29to the other requirements of this subdivision, if a guest speaker presents information during
529	529	16.30a treatment service, the alcohol and drug counselor who provided the service and is
530	530	16.31responsible for the information presented by the guest speaker must document the name of
531	531	16.32the guest speaker, date of service, time the presentation began, time the presentation ended,
532	532	16.33and a summary of the topic presentation.
533	533	16Sec. 14.
534	534	25-00346 as introduced02/17/25 REVISOR EB/DG 17.1 Sec. 15. Minnesota Statutes 2024, section 245G.06, subdivision 3a, is amended to read:
535	535	17.2 Subd. 3a.Frequency of treatment plan reviews.(a) A license holder must ensure that
536	536	17.3the alcohol and drug counselor responsible for a client's treatment plan completes and
537	537	17.4documents a treatment plan review that meets the requirements of subdivision 3 in each
538	538	17.5client's file, according to the frequencies required in this subdivision. All ASAM levels
539	539	17.6referred to in this chapter are those described in section 254B.19, subdivision 1.
540	540	17.7 (b) For a client receiving residential ASAM level 3.3 or 3.5 high-intensity services or
541	541	17.8residential hospital-based services, a treatment plan review must be completed once every
542	542	17.914 days.
543	543	17.10 (c) For a client receiving residential ASAM level 3.1 low-intensity services or any other
544	544	17.11residential level not listed in paragraph (b), a treatment plan review must be completed once
545	545	17.12every 30 days.
546	546	17.13 (d) For a client receiving nonresidential ASAM level 2.5 partial hospitalization services,
547	547	17.14a treatment plan review must be completed once every 14 days.
548	548	17.15 (e) For a client receiving nonresidential ASAM level 1.0 outpatient or 2.1 intensive
549	549	17.16outpatient services or any other nonresidential level not included in paragraph (d), a treatment
550	550	17.17plan review must be completed once every 30 days.
551	551	17.18 (f) For a client receiving nonresidential opioid treatment program services according to
552	552	17.19section 245G.22, a treatment plan review must be completed:
553	553	17.20 (1) weekly for the ten weeks following completion of the treatment plan; and
554	554	17.21 (2) monthly thereafter.
555	555	17.22Treatment plan reviews must be completed more frequently when clinical needs warrant.
556	556	17.23 (g) The ten-week time frame in paragraph (f), clause (1), may include a client's previous
557	557	17.24time at another opioid treatment program licensed in Minnesota under section 245G.22 if:
558	558	17.25 (1) the client was enrolled in the other opioid treatment program immediately prior to
559	559	17.26admission to the license holder's program;
560	560	17.27 (2) the client did not miss taking a daily dose of medication to treat an opioid use disorder;
561	561	17.28and
562	562	17.29 (3) the license holder obtains from the previous opioid treatment program the client's
563	563	17.30number of days in comprehensive treatment, discharge summary, amount of daily milligram
564	564	17.31dose of medication for opioid use disorder, and previous three drug abuse test results.
565	565	17Sec. 15.
566	566	25-00346 as introduced02/17/25 REVISOR EB/DG 18.1 (g) (h) Notwithstanding paragraphs (e) and (f), clause (2), for a client in a nonresidential
567	567	18.2program with a treatment plan that clearly indicates less than five hours of skilled treatment
568	568	18.3services will be provided to the client each month, a treatment plan review must be completed
569	569	18.4once every 90 days. Treatment plan reviews must be completed more frequently when
570	570	18.5clinical needs warrant.
571	571	18.6 Sec. 16. Minnesota Statutes 2024, section 245G.07, subdivision 2, is amended to read:
572	572	18.7 Subd. 2.Additional treatment service.A license holder may provide or arrange the
573	573	18.8following additional treatment service as a part of the client's individual treatment plan:
574	574	18.9 (1) relationship counseling provided by a qualified professional to help the client identify
575	575	18.10the impact of the client's substance use disorder on others and to help the client and persons
576	576	18.11in the client's support structure identify and change behaviors that contribute to the client's
577	577	18.12substance use disorder;
578	578	18.13 (2) therapeutic recreation to allow the client to participate in recreational activities
579	579	18.14without the use of mood-altering chemicals and to plan and select leisure activities that do
580	580	18.15not involve the inappropriate use of chemicals;
581	581	18.16 (3) stress management and physical well-being to help the client reach and maintain an
582	582	18.17appropriate level of health, physical fitness, and well-being;
583	583	18.18 (4) living skills development to help the client learn basic skills necessary for independent
584	584	18.19living;
585	585	18.20 (5) employment or educational services to help the client become financially independent;
586	586	18.21 (6) socialization skills development to help the client live and interact with others in a
587	587	18.22positive and productive manner;
588	588	18.23 (7) room, board, and supervision at the treatment site to provide the client with a safe
589	589	18.24and appropriate environment to gain and practice new skills; and
590	590	18.25 (8) peer recovery support services must be provided one-to-one and face-to-face,
591	591	18.26including through the Internet, by a recovery peer qualified according to section 245I.04,
592	592	18.27subdivision 18. Peer recovery support services must be provided according to sections
593	593	18.28254B.05, subdivision 5, and 254B.052.
594	594	18.29Sec. 17. Minnesota Statutes 2024, section 245G.08, subdivision 6, is amended to read:
595	595	18.30 Subd. 6.Control of drugs.A license holder must have and implement written policies
596	596	18.31and procedures developed by a registered nurse that contain:
597	597	18Sec. 17.
598	598	25-00346 as introduced02/17/25 REVISOR EB/DG 19.1 (1) a requirement that each drug must be stored in a locked compartment. A Schedule
599	599	19.2II drug, as defined by section 152.02, subdivision 3, must be stored in a separately locked
600	600	19.3compartment, permanently affixed to the physical plant or medication cart;
601	601	19.4 (2) a documentation system which that accounts for all scheduled drugs each shift
602	602	19.5schedule II to V drugs listed in section 152.02, subdivisions 3 to 6;
603	603	19.6 (3) a procedure for recording the client's use of medication, including the signature of
604	604	19.7the staff member who completed the administration of the medication with the time and
605	605	19.8date;
606	606	19.9 (4) a procedure to destroy a discontinued, outdated, or deteriorated medication;
607	607	19.10 (5) a statement that only authorized personnel are permitted access to the keys to a locked
608	608	19.11compartment;
609	609	19.12 (6) a statement that no legend drug supply for one client shall be given to another client;
610	610	19.13and
611	611	19.14 (7) a procedure for monitoring the available supply of an opiate antagonist as defined
612	612	19.15in section 604A.04, subdivision 1, on site and replenishing the supply when needed.
613	613	19.16Sec. 18. Minnesota Statutes 2024, section 245G.09, subdivision 3, is amended to read:
614	614	19.17 Subd. 3.Contents.(a) Client records must contain the following:
615	615	19.18 (1) documentation that the client was given:
616	616	19.19 (i) information on client rights and responsibilities, and grievance procedures, on the
617	617	19.20day of service initiation;
618	618	19.21 (ii) information on tuberculosis, and HIV, and that the client was provided within 72
619	619	19.22hours of service initiation;
620	620	19.23 (iii) an orientation to the program abuse prevention plan required under section 245A.65,
621	621	19.24subdivision 2, paragraph (a), clause (4). If the client has an opioid use disorder, the record
622	622	19.25must contain documentation that the client was provided within 24 hours of admission or,
623	623	19.26for clients who would benefit from a later orientation, 72 hours; and
624	624	19.27 (iv) opioid educational information material according to section 245G.04, subdivision
625	625	19.283, on the day of service initiation;
626	626	19.29 (2) an initial services plan completed according to section 245G.04;
627	627	19.30 (3) a comprehensive assessment completed according to section 245G.05;
628	628	19Sec. 18.
629	629	25-00346 as introduced02/17/25 REVISOR EB/DG 20.1 (4) an individual abuse prevention plan according to sections 245A.65, subdivision 2,
630	630	20.2and 626.557, subdivision 14, when applicable;
631	631	20.3 (5) an individual treatment plan according to section 245G.06, subdivisions 1 and 1a;
632	632	20.4 (6) documentation of treatment services, significant events, appointments, concerns, and
633	633	20.5treatment plan reviews according to section 245G.06, subdivisions 2a, 2b, 3, and 3a; and
634	634	20.6 (7) a summary at the time of service termination according to section 245G.06,
635	635	20.7subdivision 4.
636	636	20.8 (b) For a client that transfers to another of the license holder's licensed treatment locations,
637	637	20.9the license holder is not required to complete new documents or orientation for the client,
638	638	20.10except that the client must receive an orientation to the new location's grievance procedure,
639	639	20.11program abuse prevention plan, and maltreatment of minor and vulnerable adults reporting
640	640	20.12procedures.
641	641	20.13Sec. 19. Minnesota Statutes 2024, section 245G.11, subdivision 11, is amended to read:
642	642	20.14 Subd. 11.Individuals with temporary permit.An individual with a temporary permit
643	643	20.15from the Board of Behavioral Health and Therapy may provide substance use disorder
644	644	20.16treatment service services and complete comprehensive assessments, individual treatment
645	645	20.17plans, treatment plan reviews, and service discharge summaries according to this subdivision
646	646	20.18if they meet the requirements of either paragraph (a) or (b).
647	647	20.19 (a) An individual with a temporary permit must be supervised by a licensed alcohol and
648	648	20.20drug counselor assigned by the license holder. The supervising licensed alcohol and drug
649	649	20.21counselor must document the amount and type of supervision provided at least on a weekly
650	650	20.22basis. The supervision must relate to the clinical practice.
651	651	20.23 (b) An individual with a temporary permit must be supervised by a clinical supervisor
652	652	20.24approved by the Board of Behavioral Health and Therapy. The supervision must be
653	653	20.25documented and meet the requirements of section 148F.04, subdivision 4.
654	654	20.26Sec. 20. Minnesota Statutes 2024, section 245G.18, subdivision 2, is amended to read:
655	655	20.27 Subd. 2.Alcohol and drug counselor qualifications.In addition to the requirements
656	656	20.28specified in section 245G.11, subdivisions 1 and 5, an alcohol and drug counselor providing
657	657	20.29treatment service to an adolescent must have:
658	658	20.30 (1) an additional 30 hours of training or classroom instruction or one three-credit semester
659	659	20.31college course in adolescent development. This The training, classroom instruction, or
660	660	20Sec. 20.
661	661	25-00346 as introduced02/17/25 REVISOR EB/DG 21.1college course must be completed no later than six months after the counselor first provides
662	662	21.2treatment services to adolescents and need only be completed one time; and. The training
663	663	21.3must be interactive and must not consist only of reading information. An alcohol and drug
664	664	21.4counselor who is also qualified as a mental health professional under section 245I.04,
665	665	21.5subdivision 2, is exempt from the requirement in this subdivision.
666	666	21.6 (2) at least 150 hours of supervised experience as an adolescent counselor, either as a
667	667	21.7student or as a staff member.
668	668	21.8 Sec. 21. Minnesota Statutes 2024, section 245G.19, subdivision 4, is amended to read:
669	669	21.9 Subd. 4.Additional licensing requirements.During the times the license holder is
670	670	21.10responsible for the supervision of a child, except for license holders described in subdivision
671	671	21.115, the license holder must meet the following standards:
672	672	21.12 (1) child and adult ratios in Minnesota Rules, part 9502.0367;
673	673	21.13 (2) day care training in section 142B.70;
674	674	21.14 (3) behavior guidance in Minnesota Rules, part 9502.0395;
675	675	21.15 (4) activities and equipment in Minnesota Rules, part 9502.0415;
676	676	21.16 (5) physical environment in Minnesota Rules, part 9502.0425;
677	677	21.17 (6) physical space requirements in section 142B.72; and
678	678	21.18 (7) water, food, and nutrition in Minnesota Rules, part 9502.0445, unless the license
679	679	21.19holder has a license from the Department of Health.
680	680	21.20Sec. 22. Minnesota Statutes 2024, section 245G.19, is amended by adding a subdivision
681	681	21.21to read:
682	682	21.22 Subd. 5.Child care license exemption.(a) License holders that only provide supervision
683	683	21.23of children for less than three hours a day while the child's parent is in the same building
684	684	21.24or contiguous building as allowed by the exclusion from licensure in section 245A.03,
685	685	21.25subdivision 2, paragraph (a), clause (6), are exempt from the requirements of subdivision
686	686	21.264, if the requirements of this subdivision are met.
687	687	21.27 (b) During the times the license holder is responsible for the supervision of the child,
688	688	21.28there must always be a staff member present that is responsible for supervising the child
689	689	21.29who is trained in cardiopulmonary resuscitation (CPR) and first aid. This staff person must
690	690	21.30be able to immediately contact the child's parent at all times.
691	691	21Sec. 22.
692	692	25-00346 as introduced02/17/25 REVISOR EB/DG 22.1 Sec. 23. Minnesota Statutes 2024, section 245G.22, subdivision 1, is amended to read:
693	693	22.2 Subdivision 1.Additional requirements.(a) An opioid treatment program licensed
694	694	22.3under this chapter must also: (1) comply with the requirements of this section and Code of
695	695	22.4Federal Regulations, title 42, part 8; (2) be registered as a narcotic treatment program with
696	696	22.5the Drug Enforcement Administration; (3) be accredited through an accreditation body
697	697	22.6approved by the Division of Pharmacologic Therapy of the Center for Substance Abuse
698	698	22.7Treatment; (4) be certified through the Division of Pharmacologic Therapy of the Center
699	699	22.8for Substance Abuse Treatment; and (5) hold a license from the Minnesota Board of
700	700	22.9Pharmacy or equivalent agency meet the requirements for dispensing by a practitioner in
701	701	22.10section 151.37, subdivision 2, and Minnesota Rules, parts 6800.9950 to 6800.9954.
702	702	22.11 (b) A license holder operating under the dispensing by practitioner requirements in
703	703	22.12section 151.37, subdivision 2, and Minnesota Rules, parts 6800.9950 to 6800.9954, must
704	704	22.13maintain documentation that the practitioner responsible for complying with the above
705	705	22.14statute and rules has signed a statement attesting that they are the practitioner responsible
706	706	22.15for complying with the applicable statutes and rules. If more than one person is responsible
707	707	22.16for compliance, all practitioners must sign a statement.
708	708	22.17 (b) (c) Where a standard in this section differs from a standard in an otherwise applicable
709	709	22.18administrative rule or statute, the standard of this section applies.
710	710	22.19Sec. 24. Minnesota Statutes 2024, section 245G.22, subdivision 14, is amended to read:
711	711	22.20 Subd. 14.Central registry.(a) A license holder must comply with requirements to
712	712	22.21submit information and necessary consents to the state central registry for each client
713	713	22.22admitted, as specified by the commissioner. The license holder must submit data concerning
714	714	22.23medication used for the treatment of opioid use disorder. The data must be submitted in a
715	715	22.24method determined by the commissioner and the original information must be kept in the
716	716	22.25client's record. The information must be submitted for each client at admission and discharge.
717	717	22.26The program must document the date the information was submitted. The client's failure to
718	718	22.27provide the information shall prohibit participation in an opioid treatment program. The
719	719	22.28information submitted must include the client's:
720	720	22.29 (1) full name and all aliases;
721	721	22.30 (2) date of admission;
722	722	22.31 (3) date of birth;
723	723	22.32 (4) Social Security number or Alien Registration Number, if any; and
724	724	22Sec. 24.
725	725	25-00346 as introduced02/17/25 REVISOR EB/DG 23.1 (5) current or previous enrollment status in another opioid treatment program;.
726	726	23.2 (6) government-issued photo identification card number; and
727	727	23.3 (7) driver's license number, if any.
728	728	23.4 (b) The requirements in paragraph (a) are effective upon the commissioner's
729	729	23.5implementation of changes to the drug and alcohol abuse normative evaluation system or
730	730	23.6development of an electronic system by which to submit the data.
731	731	23.7 Sec. 25. Minnesota Statutes 2024, section 245G.22, subdivision 15, is amended to read:
732	732	23.8 Subd. 15.Nonmedication treatment services; documentation.(a) The program must
733	733	23.9offer at least 50 consecutive minutes of individual or group therapy treatment services as
734	734	23.10defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first
735	735	23.11ten weeks following the day of service initiation, and at least 50 consecutive minutes per
736	736	23.12month thereafter. As clinically appropriate, the program may offer these services cumulatively
737	737	23.13and not consecutively in increments of no less than 15 minutes over the required time period,
738	738	23.14and for a total of 60 minutes of treatment services over the time period, and must document
739	739	23.15the reason for providing services cumulatively in the client's record. The program may offer
740	740	23.16additional levels of service when deemed clinically necessary.
741	741	23.17 (b) The ten-week time frame may include a client's previous time at another opioid
742	742	23.18treatment program licensed in Minnesota under this section if:
743	743	23.19 (1) the client was enrolled in the other opioid treatment program immediately prior to
744	744	23.20admission to the license holder's program;
745	745	23.21 (2) the client did not miss taking a daily dose of medication to treat an opioid use disorder;
746	746	23.22and
747	747	23.23 (3) the license holder obtains from the previous opioid treatment program the client's
748	748	23.24number of days in comprehensive maintenance treatment, discharge summary, amount of
749	749	23.25daily milligram dose of medication for opioid use disorder, and previous three drug abuse
750	750	23.26test results.
751	751	23.27 (b) (c) Notwithstanding the requirements of comprehensive assessments in section
752	752	23.28245G.05, the assessment must be completed within 21 days from the day of service initiation.
753	753	23.29Sec. 26. Minnesota Statutes 2024, section 256.98, subdivision 1, is amended to read:
754	754	23.30 Subdivision 1.Wrongfully obtaining assistance.(a) A person who commits any of the
755	755	23.31following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897,
756	756	23Sec. 26.
757	757	25-00346 as introduced02/17/25 REVISOR EB/DG 24.1the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC program
758	758	24.2formerly codified in sections 256.72 to 256.871, chapter 142G, 256B, 256D, 256I, 256K,
759	759	24.3or 256L, child care assistance programs, and emergency assistance programs under section
760	760	24.4256D.06, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses
761	761	24.5(1) to (5):
762	762	24.6 (1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a
763	763	24.7willfully false statement or representation, by intentional concealment of any material fact,
764	764	24.8or by impersonation or other fraudulent device, assistance or the continued receipt of
765	765	24.9assistance, to include child care assistance or food benefits produced according to sections
766	766	24.10145.891 to 145.897 and MinnesotaCare services according to sections 256.9365, 256.94,
767	767	24.11and 256L.01 to 256L.15, to which the person is not entitled or assistance greater than that
768	768	24.12to which the person is entitled;
769	769	24.13 (2) knowingly aids or abets in buying or in any way disposing of the property of a
770	770	24.14recipient or applicant of assistance without the consent of the county agency; or
771	771	24.15 (3) obtains or attempts to obtain, alone or in collusion with others, the receipt of payments
772	772	24.16to which the individual is not entitled as a provider of subsidized child care, or by furnishing
773	773	24.17or concurring in receiving or providing any prohibited payment, as defined in section
774	774	24.18609.542, subdivision 2, including a kickback, or by submitting or aiding or abetting the
775	775	24.19submission of a willfully false claim for child care assistance.
776	776	24.20 (b) The continued receipt of assistance to which the person is not entitled or greater than
777	777	24.21that to which the person is entitled as a result of any of the acts, failure to act, or concealment
778	778	24.22described in this subdivision shall be deemed to be continuing offenses from the date that
779	779	24.23the first act or failure to act occurred.
780	780	24.24Sec. 27. Minnesota Statutes 2024, section 256B.12, is amended to read:
781	781	24.25 256B.12 LEGAL REPRESENTATION.
782	782	24.26 The attorney general or the appropriate county attorney appearing at the direction of the
783	783	24.27attorney general shall be the attorney for the state agency, and the county attorney of the
784	784	24.28appropriate county shall be the attorney for the local agency in all matters pertaining hereto.
785	785	24.29To prosecute under this chapter or sections 609.466 and, 609.52, subdivision 2, and 609.542
786	786	24.30or to recover payments wrongfully made under this chapter, the attorney general or the
787	787	24.31appropriate county attorney, acting independently or at the direction of the attorney general
788	788	24.32may institute a criminal or civil action.
789	789	24Sec. 27.
790	790	25-00346 as introduced02/17/25 REVISOR EB/DG 25.1 Sec. 28. Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read:
791	791	25.2 Subdivision 1.Definitions.(a) For purposes of this section and section 480.45, the
792	792	25.3following terms have the meanings given.
793	793	25.4 (b) "Judicial official" means:
794	794	25.5 (1) every Minnesota district court judge, senior judge, retired judge, and every judge of
795	795	25.6the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
796	796	25.7who resides in Minnesota;
797	797	25.8 (2) a justice of the Minnesota Supreme Court;
798	798	25.9 (3) employees of the Minnesota judicial branch;
799	799	25.10 (4) judicial referees and magistrate judges; and
800	800	25.11 (5) current and retired judges and current employees of the Office of Administrative
801	801	25.12Hearings, Department of Human Services Appeals Division, Workers' Compensation Court
802	802	25.13of Appeals, and Tax Court.
803	803	25.14 (c) "Personal information" does not include publicly available information. Personal
804	804	25.15information means:
805	805	25.16 (1) a residential address of a judicial official;
806	806	25.17 (2) a residential address of the spouse, domestic partner, or children of a judicial official;
807	807	25.18 (3) a nonjudicial branch issued telephone number or email address of a judicial official;
808	808	25.19 (4) the name of any child of a judicial official; and
809	809	25.20 (5) the name of any child care facility or school that is attended by a child of a judicial
810	810	25.21official if combined with an assertion that the named facility or school is attended by the
811	811	25.22child of a judicial official.
812	812	25.23 (d) "Publicly available information" means information that is lawfully made available
813	813	25.24through federal, state, or local government records or information that a business has a
814	814	25.25reasonable basis to believe is lawfully made available to the general public through widely
815	815	25.26distributed media, by a judicial official, or by a person to whom the judicial official has
816	816	25.27disclosed the information, unless the judicial official has restricted the information to a
817	817	25.28specific audience.
818	818	25.29 (e) "Law enforcement support organizations" do not include charitable organizations.
819	819	25.30 EFFECTIVE DATE.This section is effective the day following final enactment.
820	820	25Sec. 28.
821	821	25-00346 as introduced02/17/25 REVISOR EB/DG 26.1 Sec. 29. [609.542] HUMAN SERVICES PROGRAMS CRIMES.
822	822	26.2 Subdivision 1.Definition.For purposes of this section, "federal health care program"
823	823	26.3has the meaning given in United States Code, title 42, section 1320a-7b(f).
824	824	26.4 Subd. 2.Prohibited payments made relating to human services programs.A person
825	825	26.5is guilty of a crime and may be sentenced as provided in subdivision 5 if the person
826	826	26.6intentionally offers or pays any remuneration, including any kickback, bribe, or rebate,
827	827	26.7directly or indirectly, overtly or covertly, in cash or in kind, to another person:
828	828	26.8 (1) to induce that person to apply for, receive, or induce another person to apply for or
829	829	26.9receive an item or service for which payment may be made in whole or in part under a
830	830	26.10federal health care program, state behavioral health program under section 254B.04, or
831	831	26.11family program under chapter 142E; or
832	832	26.12 (2) in return for purchasing, leasing, ordering, or arranging for or inducing the purchasing,
833	833	26.13leasing, or ordering of any good, facility, service, or item for which payment may be made
834	834	26.14in whole or in part, or which is administered in whole or in part under a federal health care
835	835	26.15program, state behavioral health program under section 254B.04, or family program under
836	836	26.16chapter 142E.
837	837	26.17 Subd. 3.Receipt of prohibited payments relating to human services programs.A
838	838	26.18person is guilty of a crime and may be sentenced as provided in subdivision 5 if the person
839	839	26.19intentionally solicits or receives any remuneration, including any kickback, bribe, or rebate,
840	840	26.20directly or indirectly, overtly or covertly, in cash or in kind:
841	841	26.21 (1) in return for applying for or receiving a human services benefit, service, or grant for
842	842	26.22which payment may be made in whole or in part under a federal health care program, state
843	843	26.23behavioral health program under section 254B.04, or family program under chapter 142E;
844	844	26.24or
845	845	26.25 (2) in return for purchasing, leasing, ordering, or arranging for or inducing the purchasing,
846	846	26.26leasing, or ordering of any good, facility, service, or item for which payment may be made
847	847	26.27in whole or in part under a federal health care program, state behavioral health program
848	848	26.28under section 254B.04, or family program under chapter 142E.
849	849	26.29 Subd. 4.Exemptions.(a) This section does not apply to remuneration exempted under
850	850	26.30the Anti-Kickback Statute, United States Code, title 42, section 1320a-7b(b)(3), or payment
851	851	26.31made under a federal health care program which is exempt from liability by United States
852	852	26.32Code, title 42, section 1001.952.
853	853	26.33 (b) This section does not apply to:
854	854	26Sec. 29.
855	855	25-00346 as introduced02/17/25 REVISOR EB/DG 27.1 (1) any amount paid by an employer to a bona fide employee for providing covered
856	856	27.2items or services under chapter 142E while acting in the course and scope of employment;
857	857	27.3or
858	858	27.4 (2) child care provider discounts, scholarships, or other financial assistance to families
859	859	27.5allowed under section 142E.17, subdivision 7.
860	860	27.6 Subd. 5.Sentence.(a) A person convicted under subdivision 2 or 3 may be sentenced
861	861	27.7pursuant to section 609.52, subdivision 3.
862	862	27.8 (b) For purposes of sentencing a violation of subdivision 2, "value" means the fair market
863	863	27.9value of the good, facility, service, or item that was obtained as a direct or indirect result
864	864	27.10of the prohibited payment.
865	865	27.11 (c) For purposes of sentencing a violation of subdivision 3, "value" means the amount
866	866	27.12of the prohibited payment solicited or received.
867	867	27.13 (d) As a matter of law, a claim for any good, facility, service, or item rendered or claimed
868	868	27.14to have been rendered in violation of this section is noncompensable and unenforceable at
869	869	27.15the time the claim is made.
870	870	27.16 Subd. 6.Aggregation.In a prosecution under this section, the value of the money,
871	871	27.17property, or benefit received or solicited by the defendant within a six-month period may
872	872	27.18be aggregated and the defendant charged accordingly in applying the provisions of
873	873	27.19subdivision 5.
874	874	27.20 Subd. 7.False claims.In addition to the penalties provided for in this section, a claim,
875	875	27.21as defined in section 15C.01, subdivision 2, that includes items or services resulting from
876	876	27.22a violation of this section constitutes a false or fraudulent claim for purposes of section
877	877	27.2315C.02.
878	878	27.24 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes
879	879	27.25committed on or after that date.
880	880	27.26Sec. 30. MODIFICATION OF DEFINITIONS.
881	881	27.27 For the purposes of implementing the provider licensing and reporting hub, the
882	882	27.28commissioner of human services may modify definitions in Minnesota Statutes, chapters
883	883	27.29142B, 245A, 245D, 245F, 245G, and 245I, and Minnesota Rules, chapters 2960, 9502,
884	884	27.309520, 9530, 9543, 9555, and 9570. Definitions changed pursuant to this section do not affect
885	885	27.31the rights, responsibilities, or duties of the commissioner; the Department of Human Services;
886	886	27Sec. 30.
887	887	25-00346 as introduced02/17/25 REVISOR EB/DG 28.1programs administered, licensed, certified, or funded by the commissioner; or the programs'
888	888	28.2employees or clients. This section expires August 31, 2028.
889	889	28.3 Sec. 31. REPEALER.
890	890	28.4 Minnesota Statutes 2024, section 245A.11, subdivision 8, is repealed.
891	891	28.5 EFFECTIVE DATE.This section is effective August 1, 2025.
892	892	28Sec. 31.
893	893	25-00346 as introduced02/17/25 REVISOR EB/DG 245A.11 SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS.
894	894	Subd. 8.Community residential setting license.(a) The commissioner shall establish provider
895	895	standards for residential support services that integrate service standards and the residential setting
896	896	under one license. The commissioner shall propose statutory language and an implementation plan
897	897	for licensing requirements for residential support services to the legislature by January 15, 2012,
898	898	as a component of the quality outcome standards recommendations required by Laws 2010, chapter
899	899	352, article 1, section 24.
900	900	(b) Providers licensed under chapter 245B, and providing, contracting, or arranging for services
901	901	in settings licensed as adult foster care under Minnesota Rules, parts 9555.5105 to 9555.6265; and
902	902	meeting the provisions of section 245D.02, subdivision 4a, must be required to obtain a community
903	903	residential setting license.
904	904	1R
905	905	APPENDIX
906	906	Repealed Minnesota Statutes: 25-00346