| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to human services; Department of Human Services policy bill sections on |
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| 3 | 3 | | 1.3 background studies, Department of Corrections reconsiderations, kickback crimes, |
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| 4 | 4 | | 1.4 and appeals division worker protections; providing for criminal penalties; amending |
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| 5 | 5 | | 1.5 Minnesota Statutes 2024, sections 142E.51, subdivisions 5, 6; 245C.05, by adding |
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| 6 | 6 | | 1.6 a subdivision; 245C.08, subdivision 3; 245C.22, subdivision 5; 256.98, subdivision |
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| 7 | 7 | | 1.7 1; 256B.12; 480.40, subdivision 1; proposing coding for new law in Minnesota |
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| 8 | 8 | | 1.8 Statutes, chapter 609. |
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| 9 | 9 | | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 10 | 10 | | 1.10 Section 1. Minnesota Statutes 2024, section 142E.51, subdivision 5, is amended to read: |
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| 11 | 11 | | 1.11 Subd. 5.Administrative disqualification of child care providers caring for children |
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| 12 | 12 | | 1.12receiving child care assistance.(a) The department shall pursue an administrative |
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| 13 | 13 | | 1.13disqualification, if the child care provider is accused of committing an intentional program |
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| 14 | 14 | | 1.14violation, in lieu of a criminal action when it has not been pursued. Intentional program |
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| 15 | 15 | | 1.15violations include intentionally making false or misleading statements; receiving or providing |
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| 16 | 16 | | 1.16a kickback, as defined in subdivision 6, paragraph (b); intentionally misrepresenting, |
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| 17 | 17 | | 1.17concealing, or withholding facts; and repeatedly and intentionally violating program |
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| 18 | 18 | | 1.18regulations under this chapter. Intent may be proven by demonstrating a pattern of conduct |
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| 19 | 19 | | 1.19that violates program rules under this chapter. |
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| 20 | 20 | | 1.20 (b) To initiate an administrative disqualification, the commissioner must send written |
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| 21 | 21 | | 1.21notice using a signature-verified confirmed delivery method to the provider against whom |
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| 22 | 22 | | 1.22the action is being taken. Unless otherwise specified under this chapter or Minnesota Rules, |
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| 23 | 23 | | 1.23chapter 3400, the commissioner must send the written notice at least 15 calendar days before |
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| 24 | 24 | | 1.24the adverse action's effective date. The notice shall state (1) the factual basis for the agency's |
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| 25 | 25 | | 1.25determination, (2) the action the agency intends to take, (3) the dollar amount of the monetary |
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| 26 | 26 | | 1Section 1. |
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| 27 | 27 | | 25-02880 as introduced01/31/25 REVISOR EB/DD |
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| 28 | 28 | | SENATE |
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| 29 | 29 | | STATE OF MINNESOTA |
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| 30 | 30 | | S.F. No. 2776NINETY-FOURTH SESSION |
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| 31 | 31 | | (SENATE AUTHORS: WESTLIN) |
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| 32 | 32 | | OFFICIAL STATUSD-PGDATE |
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| 33 | 33 | | Introduction and first reading03/20/2025 |
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| 34 | 34 | | Referred to Health and Human Services 2.1recovery or recoupment, if known, and (4) the provider's right to appeal the agency's proposed |
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| 35 | 35 | | 2.2action. |
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| 36 | 36 | | 2.3 (c) The provider may appeal an administrative disqualification by submitting a written |
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| 37 | 37 | | 2.4request to the state agency. A provider's request must be received by the state agency no |
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| 38 | 38 | | 2.5later than 30 days after the date the commissioner mails the notice. |
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| 39 | 39 | | 2.6 (d) The provider's appeal request must contain the following: |
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| 40 | 40 | | 2.7 (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the |
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| 41 | 41 | | 2.8dollar amount involved for each disputed item; |
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| 42 | 42 | | 2.9 (2) the computation the provider believes to be correct, if applicable; |
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| 43 | 43 | | 2.10 (3) the statute or rule relied on for each disputed item; and |
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| 44 | 44 | | 2.11 (4) the name, address, and telephone number of the person at the provider's place of |
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| 45 | 45 | | 2.12business with whom contact may be made regarding the appeal. |
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| 46 | 46 | | 2.13 (e) On appeal, the issuing agency bears the burden of proof to demonstrate by a |
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| 47 | 47 | | 2.14preponderance of the evidence that the provider committed an intentional program violation. |
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| 48 | 48 | | 2.15 (f) The hearing is subject to the requirements of section 142A.20. The human services |
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| 49 | 49 | | 2.16judge may combine a fair hearing and administrative disqualification hearing into a single |
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| 50 | 50 | | 2.17hearing if the factual issues arise out of the same or related circumstances and the provider |
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| 51 | 51 | | 2.18receives prior notice that the hearings will be combined. |
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| 52 | 52 | | 2.19 (g) A provider found to have committed an intentional program violation and is |
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| 53 | 53 | | 2.20administratively disqualified must be disqualified, for a period of three years for the first |
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| 54 | 54 | | 2.21offense and permanently for any subsequent offense, from receiving any payments from |
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| 55 | 55 | | 2.22any child care program under this chapter. |
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| 56 | 56 | | 2.23 (h) Unless a timely and proper appeal made under this section is received by the |
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| 57 | 57 | | 2.24department, the administrative determination of the department is final and binding. |
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| 58 | 58 | | 2.25 Sec. 2. Minnesota Statutes 2024, section 142E.51, subdivision 6, is amended to read: |
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| 59 | 59 | | 2.26 Subd. 6.Prohibited hiring practice practices.(a) It is prohibited to hire a child care |
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| 60 | 60 | | 2.27center employee when, as a condition of employment, the employee is required to have one |
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| 61 | 61 | | 2.28or more children who are eligible for or receive child care assistance, if: |
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| 62 | 62 | | 2.29 (1) the individual hiring the employee is, or is acting at the direction of or in cooperation |
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| 63 | 63 | | 2.30with, a child care center provider, center owner, director, manager, license holder, or other |
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| 64 | 64 | | 2.31controlling individual; and |
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| 65 | 65 | | 2Sec. 2. |
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| 66 | 66 | | 25-02880 as introduced01/31/25 REVISOR EB/DD 3.1 (2) the individual hiring the employee knows or has reason to know the purpose in hiring |
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| 67 | 67 | | 3.2the employee is to obtain child care assistance program funds. |
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| 68 | 68 | | 3.3 (b) Program applicants, participants, and providers are prohibited from receiving or |
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| 69 | 69 | | 3.4providing a kickback or payment in exchange for obtaining or attempting to obtain child |
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| 70 | 70 | | 3.5care assistance benefits for their own financial gain. This paragraph does not apply to: |
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| 71 | 71 | | 3.6 (1) marketing or promotional offerings that directly benefit an applicant or recipient's |
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| 72 | 72 | | 3.7child or dependent for whom the child care provider is providing child care services; or |
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| 73 | 73 | | 3.8 (2) child care provider discounts, scholarships, or other financial assistance allowed |
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| 74 | 74 | | 3.9under section 142E.17, subdivision 7. |
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| 75 | 75 | | 3.10 (c) An attempt to buy or sell access to a family's child care subsidy benefits to an |
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| 76 | 76 | | 3.11unauthorized person by an applicant, a participant, or a provider is a kickback, an intentional |
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| 77 | 77 | | 3.12program violation under subdivision 5, and wrongfully obtaining assistance under section |
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| 78 | 78 | | 3.13256.98. |
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| 79 | 79 | | 3.14 Sec. 3. Minnesota Statutes 2024, section 245C.05, is amended by adding a subdivision to |
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| 80 | 80 | | 3.15read: |
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| 81 | 81 | | 3.16 Subd. 9.Electronic signature.For documentation requiring a signature under this |
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| 82 | 82 | | 3.17chapter, use of an electronic signature as defined under section 325L.02, paragraph (h), is |
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| 83 | 83 | | 3.18allowed. |
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| 84 | 84 | | 3.19 Sec. 4. Minnesota Statutes 2024, section 245C.08, subdivision 3, is amended to read: |
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| 85 | 85 | | 3.20 Subd. 3.Arrest and investigative information.(a) For any background study completed |
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| 86 | 86 | | 3.21under this section, if the commissioner has reasonable cause to believe the information is |
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| 87 | 87 | | 3.22pertinent to the disqualification of an individual, the commissioner also may review arrest |
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| 88 | 88 | | 3.23and investigative information from: |
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| 89 | 89 | | 3.24 (1) the Bureau of Criminal Apprehension; |
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| 90 | 90 | | 3.25 (2) the commissioners of children, youth, and families; health; and human services; |
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| 91 | 91 | | 3.26 (3) a county attorney prosecutor; |
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| 92 | 92 | | 3.27 (4) a county sheriff; |
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| 93 | 93 | | 3.28 (5) (4) a county agency; |
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| 94 | 94 | | 3.29 (6) (5) a local chief of police law enforcement agency; |
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| 95 | 95 | | 3.30 (7) (6) other states; |
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| 96 | 96 | | 3Sec. 4. |
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| 97 | 97 | | 25-02880 as introduced01/31/25 REVISOR EB/DD 4.1 (8) (7) the courts; |
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| 98 | 98 | | 4.2 (9) (8) the Federal Bureau of Investigation; |
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| 99 | 99 | | 4.3 (10) (9) the National Criminal Records Repository; and |
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| 100 | 100 | | 4.4 (11) (10) criminal records from other states. |
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| 101 | 101 | | 4.5 (b) Except when specifically required by law, the commissioner is not required to conduct |
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| 102 | 102 | | 4.6more than one review of a subject's records from the Federal Bureau of Investigation if a |
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| 103 | 103 | | 4.7review of the subject's criminal history with the Federal Bureau of Investigation has already |
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| 104 | 104 | | 4.8been completed by the commissioner and there has been no break in the subject's affiliation |
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| 105 | 105 | | 4.9with the entity that initiated the background study. |
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| 106 | 106 | | 4.10 (c) If the commissioner conducts a national criminal history record check when required |
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| 107 | 107 | | 4.11by law and uses the information from the national criminal history record check to make a |
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| 108 | 108 | | 4.12disqualification determination, the data obtained is private data and cannot be shared with |
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| 109 | 109 | | 4.13private agencies or prospective employers of the background study subject. |
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| 110 | 110 | | 4.14 (d) If the commissioner conducts a national criminal history record check when required |
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| 111 | 111 | | 4.15by law and uses the information from the national criminal history record check to make a |
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| 112 | 112 | | 4.16disqualification determination, the license holder or entity that submitted the study is not |
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| 113 | 113 | | 4.17required to obtain a copy of the background study subject's disqualification letter under |
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| 114 | 114 | | 4.18section 245C.17, subdivision 3. |
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| 115 | 115 | | 4.19 Sec. 5. Minnesota Statutes 2024, section 245C.22, subdivision 5, is amended to read: |
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| 116 | 116 | | 4.20 Subd. 5.Scope of set-aside.(a) If the commissioner sets aside a disqualification under |
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| 117 | 117 | | 4.21this section, the disqualified individual remains disqualified, but may hold a license and |
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| 118 | 118 | | 4.22have direct contact with or access to persons receiving services. Except as provided in |
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| 119 | 119 | | 4.23paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the |
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| 120 | 120 | | 4.24licensed program, applicant, or agency specified in the set aside notice under section 245C.23. |
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| 121 | 121 | | 4.25For personal care provider organizations, financial management services organizations, |
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| 122 | 122 | | 4.26community first services and supports organizations, unlicensed home and community-based |
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| 123 | 123 | | 4.27organizations, and consumer-directed community supports organizations, the commissioner's |
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| 124 | 124 | | 4.28set-aside may further be limited to a specific individual who is receiving services. For new |
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| 125 | 125 | | 4.29background studies required under section 245C.04, subdivision 1, paragraph (h), if an |
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| 126 | 126 | | 4.30individual's disqualification was previously set aside for the license holder's program and |
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| 127 | 127 | | 4.31the new background study results in no new information that indicates the individual may |
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| 128 | 128 | | 4.32pose a risk of harm to persons receiving services from the license holder, the previous |
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| 129 | 129 | | 4.33set-aside shall remain in effect. |
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| 130 | 130 | | 4Sec. 5. |
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| 131 | 131 | | 25-02880 as introduced01/31/25 REVISOR EB/DD 5.1 (b) If the commissioner has previously set aside an individual's disqualification for one |
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| 132 | 132 | | 5.2or more programs or agencies, and the individual is the subject of a subsequent background |
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| 133 | 133 | | 5.3study for a different program or agency, the commissioner shall determine whether the |
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| 134 | 134 | | 5.4disqualification is set aside for the program or agency that initiated the subsequent |
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| 135 | 135 | | 5.5background study. A notice of a set-aside under paragraph (c) shall be issued within 15 |
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| 136 | 136 | | 5.6working days if all of the following criteria are met: |
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| 137 | 137 | | 5.7 (1) the subsequent background study was initiated in connection with a program licensed |
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| 138 | 138 | | 5.8or regulated under the same provisions of law and rule for at least one program for which |
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| 139 | 139 | | 5.9the individual's disqualification was previously set aside by the commissioner; |
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| 140 | 140 | | 5.10 (2) the individual is not disqualified for an offense specified in section 245C.15, |
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| 141 | 141 | | 5.11subdivision 1 or 2; |
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| 142 | 142 | | 5.12 (3) the commissioner has received no new information to indicate that the individual |
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| 143 | 143 | | 5.13may pose a risk of harm to any person served by the program; and |
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| 144 | 144 | | 5.14 (4) the previous set-aside was not limited to a specific person receiving services. |
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| 145 | 145 | | 5.15 (c) Notwithstanding paragraph (b), clause (2), for an individual who is employed in the |
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| 146 | 146 | | 5.16substance use disorder field, if the commissioner has previously set aside an individual's |
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| 147 | 147 | | 5.17disqualification for one or more programs or agencies in the substance use disorder treatment |
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| 148 | 148 | | 5.18field, and the individual is the subject of a subsequent background study for a different |
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| 149 | 149 | | 5.19program or agency in the substance use disorder treatment field, the commissioner shall set |
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| 150 | 150 | | 5.20aside the disqualification for the program or agency in the substance use disorder treatment |
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| 151 | 151 | | 5.21field that initiated the subsequent background study when the criteria under paragraph (b), |
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| 152 | 152 | | 5.22clauses (1), (3), and (4), are met and the individual is not disqualified for an offense specified |
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| 153 | 153 | | 5.23in section 245C.15, subdivision 1. A notice of a set-aside under paragraph (d) shall be issued |
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| 154 | 154 | | 5.24within 15 working days. |
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| 155 | 155 | | 5.25 (d) When a disqualification is set aside under paragraph (b), the notice of background |
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| 156 | 156 | | 5.26study results issued under section 245C.17, in addition to the requirements under section |
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| 157 | 157 | | 5.27245C.17, shall state that the disqualification is set aside for the program or agency that |
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| 158 | 158 | | 5.28initiated the subsequent background study. The notice must inform the individual that the |
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| 159 | 159 | | 5.29individual may request reconsideration of the disqualification under section 245C.21 on the |
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| 160 | 160 | | 5.30basis that the information used to disqualify the individual is incorrect. |
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| 161 | 161 | | 5.31 Sec. 6. Minnesota Statutes 2024, section 256.98, subdivision 1, is amended to read: |
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| 162 | 162 | | 5.32 Subdivision 1.Wrongfully obtaining assistance.(a) A person who commits any of the |
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| 163 | 163 | | 5.33following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897, |
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| 164 | 164 | | 5Sec. 6. |
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| 165 | 165 | | 25-02880 as introduced01/31/25 REVISOR EB/DD 6.1the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC program |
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| 166 | 166 | | 6.2formerly codified in sections 256.72 to 256.871, chapter 142G, 256B, 256D, 256I, 256K, |
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| 167 | 167 | | 6.3or 256L, child care assistance programs, and emergency assistance programs under section |
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| 168 | 168 | | 6.4256D.06, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses |
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| 169 | 169 | | 6.5(1) to (5): |
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| 170 | 170 | | 6.6 (1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a |
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| 171 | 171 | | 6.7willfully false statement or representation, by intentional concealment of any material fact, |
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| 172 | 172 | | 6.8or by impersonation or other fraudulent device, assistance or the continued receipt of |
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| 173 | 173 | | 6.9assistance, to include child care assistance or food benefits produced according to sections |
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| 174 | 174 | | 6.10145.891 to 145.897 and MinnesotaCare services according to sections 256.9365, 256.94, |
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| 175 | 175 | | 6.11and 256L.01 to 256L.15, to which the person is not entitled or assistance greater than that |
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| 176 | 176 | | 6.12to which the person is entitled; |
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| 177 | 177 | | 6.13 (2) knowingly aids or abets in buying or in any way disposing of the property of a |
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| 178 | 178 | | 6.14recipient or applicant of assistance without the consent of the county agency; or |
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| 179 | 179 | | 6.15 (3) obtains or attempts to obtain, alone or in collusion with others, the receipt of payments |
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| 180 | 180 | | 6.16to which the individual is not entitled as a provider of subsidized child care, or by furnishing |
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| 181 | 181 | | 6.17or concurring in receiving or providing any prohibited payment, as defined in section |
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| 182 | 182 | | 6.18609.542, subdivision 2, including a kickback, or by submitting or aiding or abetting the |
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| 183 | 183 | | 6.19submission of a willfully false claim for child care assistance. |
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| 184 | 184 | | 6.20 (b) The continued receipt of assistance to which the person is not entitled or greater than |
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| 185 | 185 | | 6.21that to which the person is entitled as a result of any of the acts, failure to act, or concealment |
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| 186 | 186 | | 6.22described in this subdivision shall be deemed to be continuing offenses from the date that |
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| 187 | 187 | | 6.23the first act or failure to act occurred. |
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| 188 | 188 | | 6.24 Sec. 7. Minnesota Statutes 2024, section 256B.12, is amended to read: |
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| 189 | 189 | | 6.25 256B.12 LEGAL REPRESENTATION. |
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| 190 | 190 | | 6.26 The attorney general or the appropriate county attorney appearing at the direction of the |
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| 191 | 191 | | 6.27attorney general shall be the attorney for the state agency, and the county attorney of the |
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| 192 | 192 | | 6.28appropriate county shall be the attorney for the local agency in all matters pertaining hereto. |
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| 193 | 193 | | 6.29To prosecute under this chapter or sections 609.466 and, 609.52, subdivision 2, and 609.542 |
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| 194 | 194 | | 6.30or to recover payments wrongfully made under this chapter, the attorney general or the |
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| 195 | 195 | | 6.31appropriate county attorney, acting independently or at the direction of the attorney general |
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| 196 | 196 | | 6.32may institute a criminal or civil action. |
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| 197 | 197 | | 6Sec. 7. |
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| 198 | 198 | | 25-02880 as introduced01/31/25 REVISOR EB/DD 7.1 Sec. 8. Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read: |
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| 199 | 199 | | 7.2 Subdivision 1.Definitions.(a) For purposes of this section and section 480.45, the |
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| 200 | 200 | | 7.3following terms have the meanings given. |
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| 201 | 201 | | 7.4 (b) "Judicial official" means: |
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| 202 | 202 | | 7.5 (1) every Minnesota district court judge, senior judge, retired judge, and every judge of |
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| 203 | 203 | | 7.6the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge |
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| 204 | 204 | | 7.7who resides in Minnesota; |
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| 205 | 205 | | 7.8 (2) a justice of the Minnesota Supreme Court; |
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| 206 | 206 | | 7.9 (3) employees of the Minnesota judicial branch; |
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| 207 | 207 | | 7.10 (4) judicial referees and magistrate judges; and |
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| 208 | 208 | | 7.11 (5) current and retired judges and current employees of the Office of Administrative |
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| 209 | 209 | | 7.12Hearings, Department of Human Services Appeals Division, Workers' Compensation Court |
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| 210 | 210 | | 7.13of Appeals, and Tax Court. |
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| 211 | 211 | | 7.14 (c) "Personal information" does not include publicly available information. Personal |
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| 212 | 212 | | 7.15information means: |
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| 213 | 213 | | 7.16 (1) a residential address of a judicial official; |
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| 214 | 214 | | 7.17 (2) a residential address of the spouse, domestic partner, or children of a judicial official; |
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| 215 | 215 | | 7.18 (3) a nonjudicial branch issued telephone number or email address of a judicial official; |
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| 216 | 216 | | 7.19 (4) the name of any child of a judicial official; and |
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| 217 | 217 | | 7.20 (5) the name of any child care facility or school that is attended by a child of a judicial |
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| 218 | 218 | | 7.21official if combined with an assertion that the named facility or school is attended by the |
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| 219 | 219 | | 7.22child of a judicial official. |
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| 220 | 220 | | 7.23 (d) "Publicly available information" means information that is lawfully made available |
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| 221 | 221 | | 7.24through federal, state, or local government records or information that a business has a |
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| 222 | 222 | | 7.25reasonable basis to believe is lawfully made available to the general public through widely |
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| 223 | 223 | | 7.26distributed media, by a judicial official, or by a person to whom the judicial official has |
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| 224 | 224 | | 7.27disclosed the information, unless the judicial official has restricted the information to a |
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| 225 | 225 | | 7.28specific audience. |
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| 226 | 226 | | 7.29 (e) "Law enforcement support organizations" do not include charitable organizations. |
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| 227 | 227 | | 7.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 228 | 228 | | 7Sec. 8. |
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| 229 | 229 | | 25-02880 as introduced01/31/25 REVISOR EB/DD 8.1 Sec. 9. [609.542] HUMAN SERVICES PROGRAMS CRIMES. |
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| 230 | 230 | | 8.2 Subdivision 1.Definition.For purposes of this section, "federal health care program" |
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| 231 | 231 | | 8.3has the meaning given in United States Code, title 42, section 1320a-7b(f). |
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| 232 | 232 | | 8.4 Subd. 2.Prohibited payments made relating to human services programs.A person |
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| 233 | 233 | | 8.5is guilty of a crime and may be sentenced as provided in subdivision 5 if the person |
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| 234 | 234 | | 8.6intentionally offers or pays any remuneration, including any kickback, bribe, or rebate, |
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| 235 | 235 | | 8.7directly or indirectly, overtly or covertly, in cash or in kind, to another person: |
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| 236 | 236 | | 8.8 (1) to induce that person to apply for, receive, or induce another person to apply for or |
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| 237 | 237 | | 8.9receive an item or service for which payment may be made in whole or in part under a |
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| 238 | 238 | | 8.10federal health care program, state behavioral health program under section 254B.04, or |
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| 239 | 239 | | 8.11family program under chapter 142E; or |
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| 240 | 240 | | 8.12 (2) in return for purchasing, leasing, ordering, or arranging for or inducing the purchasing, |
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| 241 | 241 | | 8.13leasing, or ordering of any good, facility, service, or item for which payment may be made |
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| 242 | 242 | | 8.14in whole or in part, or which is administered in whole or in part under a federal health care |
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| 243 | 243 | | 8.15program, state behavioral health program under section 254B.04, or family program under |
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| 244 | 244 | | 8.16chapter 142E. |
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| 245 | 245 | | 8.17 Subd. 3.Receipt of prohibited payments relating to human services programs.A |
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| 246 | 246 | | 8.18person is guilty of a crime and may be sentenced as provided in subdivision 5 if the person |
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| 247 | 247 | | 8.19intentionally solicits or receives any remuneration, including any kickback, bribe, or rebate, |
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| 248 | 248 | | 8.20directly or indirectly, overtly or covertly, in cash or in kind: |
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| 249 | 249 | | 8.21 (1) in return for applying for or receiving a human services benefit, service, or grant for |
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| 250 | 250 | | 8.22which payment may be made in whole or in part under a federal health care program, state |
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| 251 | 251 | | 8.23behavioral health program under section 254B.04, or family program under chapter 142E; |
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| 252 | 252 | | 8.24or |
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| 253 | 253 | | 8.25 (2) in return for purchasing, leasing, ordering, or arranging for or inducing the purchasing, |
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| 254 | 254 | | 8.26leasing, or ordering of any good, facility, service, or item for which payment may be made |
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| 255 | 255 | | 8.27in whole or in part under a federal health care program, state behavioral health program |
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| 256 | 256 | | 8.28under section 254B.04, or family program under chapter 142E. |
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| 257 | 257 | | 8.29 Subd. 4.Exemptions.(a) This section does not apply to remuneration exempted under |
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| 258 | 258 | | 8.30the Anti-Kickback Statute, United States Code, title 42, section 1320a-7b(b)(3), or payment |
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| 259 | 259 | | 8.31made under a federal health care program which is exempt from liability by United States |
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| 260 | 260 | | 8.32Code, title 42, section 1001.952. |
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| 261 | 261 | | 8.33 (b) This section does not apply to: |
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| 262 | 262 | | 8Sec. 9. |
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| 263 | 263 | | 25-02880 as introduced01/31/25 REVISOR EB/DD 9.1 (1) any amount paid by an employer to a bona fide employee for providing covered |
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| 264 | 264 | | 9.2items or services under chapter 142E while acting in the course and scope of employment; |
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| 265 | 265 | | 9.3or |
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| 266 | 266 | | 9.4 (2) child care provider discounts, scholarships, or other financial assistance to families |
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| 267 | 267 | | 9.5allowed under section 142E.17, subdivision 7. |
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| 268 | 268 | | 9.6 Subd. 5.Sentence.(a) A person convicted under subdivision 2 or 3 may be sentenced |
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| 269 | 269 | | 9.7pursuant to section 609.52, subdivision 3. |
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| 270 | 270 | | 9.8 (b) For purposes of sentencing a violation of subdivision 2, "value" means the fair market |
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| 271 | 271 | | 9.9value of the good, facility, service, or item that was obtained as a direct or indirect result |
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| 272 | 272 | | 9.10of the prohibited payment. |
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| 273 | 273 | | 9.11 (c) For purposes of sentencing a violation of subdivision 3, "value" means the amount |
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| 274 | 274 | | 9.12of the prohibited payment solicited or received. |
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| 275 | 275 | | 9.13 (d) As a matter of law, a claim for any good, facility, service, or item rendered or claimed |
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| 276 | 276 | | 9.14to have been rendered in violation of this section is noncompensable and unenforceable at |
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| 277 | 277 | | 9.15the time the claim is made. |
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| 278 | 278 | | 9.16 Subd. 6.Aggregation.In a prosecution under this section, the value of the money, |
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| 279 | 279 | | 9.17property, or benefit received or solicited by the defendant within a six-month period may |
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| 280 | 280 | | 9.18be aggregated and the defendant charged accordingly in applying the provisions of |
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| 281 | 281 | | 9.19subdivision 5. |
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| 282 | 282 | | 9.20 Subd. 7.False claims.In addition to the penalties provided for in this section, a claim, |
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| 283 | 283 | | 9.21as defined in section 15C.01, subdivision 2, that includes items or services resulting from |
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| 284 | 284 | | 9.22a violation of this section constitutes a false or fraudulent claim for purposes of section |
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| 285 | 285 | | 9.2315C.02. |
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| 286 | 286 | | 9.24 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 287 | 287 | | 9.25committed on or after that date. |
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| 288 | 288 | | 9Sec. 9. |
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| 289 | 289 | | 25-02880 as introduced01/31/25 REVISOR EB/DD |
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