Journal of the House - 84th Day - Monday, April 23, 2018 - Top of Page 8469

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2018

 

_____________________

 

EIGHTY-FOURTH DAY

 

Saint Paul, Minnesota, Monday, April 23, 2018

 

 

      The House of Representatives convened at 1:00 p.m. and was called to order by Tony Albright, Speaker pro tempore.

 

      Prayer was offered by Chaplain Captain Michael Golay, Airforce Chaplain assigned to the 319th Airbase Wing at Grand Forks, North Dakota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      Representative Paul Thissen, District 61B, resigned from his seat effective Friday, April 20, 2018 to accept an appointment as an Associate Justice of the Minnesota Supreme Court.

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Munson

Murphy, M.

Nash

Nelson

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Applebaum; Barr, R.; Becker-Finn; Franson; Johnson, S.; Lillie; Mariani; Murphy, E.; Neu and Slocum were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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REPORTS OF CHIEF CLERK

 

      S. F. No. 2484 and H. F. No. 2739, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Hertaus moved that S. F. No. 2484 be substituted for H. F. No. 2739 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 3466 and H. F. No. 3997, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Nash moved that S. F. No. 3466 be substituted for H. F. No. 3997 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 3596 and H. F. No. 3523, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Anderson, P., moved that S. F. No. 3596 be substituted for H. F. No. 3523 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Dean, M., from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 3138, A bill for an act relating to human services; modifying the Department of Human Services administrative funds transfers; transferring money; amending Laws 2017, First Special Session chapter 6, article 18, section 16.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

DEPARTMENT OF HEALTH AND PUBLIC HEALTH

 

Section 1.  Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 2, is amended to read:

 

Subd. 2.  Boring.  "Boring" means a hole or excavation that is not used to extract water and includes exploratory borings, bored geothermal heat exchangers, temporary borings, and elevator borings.

 

Sec. 2.  Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 8a, is amended to read:

 

Subd. 8a.  Environmental well.  "Environmental well" means an excavation 15 or more feet in depth that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed to:

 

(1) conduct physical, chemical, or biological testing of groundwater, and includes a groundwater quality monitoring or sampling well;


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(2) lower a groundwater level to control or remove contamination in groundwater, and includes a remedial well and excludes horizontal trenches; or

 

(3) monitor or measure physical, chemical, radiological, or biological parameters of the earth and earth fluids, or for vapor recovery or venting systems.  An environmental well includes an excavation used to:

 

(i) measure groundwater levels, including a piezometer;

 

(ii) determine groundwater flow direction or velocity;

 

(iii) measure earth properties such as hydraulic conductivity, bearing capacity, or resistance;

 

(iv) obtain samples of geologic materials for testing or classification; or

 

(v) remove or remediate pollution or contamination from groundwater or soil through the use of a vent, vapor recovery system, or sparge point.

 

An environmental well does not include an exploratory boring.

 

Sec. 3.  Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 17a, is amended to read:

 

Subd. 17a.  Temporary environmental well boring.  "Temporary environmental well" means an environmental well as defined in section 103I.005, subdivision 8a, that is sealed within 72 hours of the time construction on the well begins.  "Temporary boring" means an excavation that is 15 feet or more in depth that is sealed within 72 hours of the start of construction and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:

 

(1) conduct physical, chemical, or biological testing of groundwater, including groundwater quality monitoring;

 

(2) monitor or measure physical, chemical, radiological, or biological parameters of earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or resistance;

 

(3) measure groundwater levels, including use of a piezometer;

 

(4) determine groundwater flow direction or velocity; or

 

(5) collect samples of geologic materials for testing or classification, or soil vapors for testing or extraction.

 

Sec. 4.  Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 1, is amended to read:

 

Subdivision 1.  Notification required.  (a) Except as provided in paragraph (d), a person may not construct a water-supply, dewatering, or environmental well until a notification of the proposed well on a form prescribed by the commissioner is filed with the commissioner with the filing fee in section 103I.208, and, when applicable, the person has met the requirements of paragraph (e).  If after filing the well notification an attempt to construct a well is unsuccessful, a new notification is not required unless the information relating to the successful well has substantially changed.  A notification is not required prior to construction of a temporary environmental well boring.

 

(b) The property owner, the property owner's agent, or the licensed contractor where a well is to be located must file the well notification with the commissioner.


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(c) The well notification under this subdivision preempts local permits and notifications, and counties or home rule charter or statutory cities may not require a permit or notification for wells unless the commissioner has delegated the permitting or notification authority under section 103I.111.

 

(d) A person who is an individual that constructs a drive point water-supply well on property owned or leased by the individual for farming or agricultural purposes or as the individual's place of abode must notify the commissioner of the installation and location of the well.  The person must complete the notification form prescribed by the commissioner and mail it to the commissioner by ten days after the well is completed.  A fee may not be charged for the notification.  A person who sells drive point wells at retail must provide buyers with notification forms and informational materials including requirements regarding wells, their location, construction, and disclosure.  The commissioner must provide the notification forms and informational materials to the sellers.

 

(e) When the operation of a well will require an appropriation permit from the commissioner of natural resources, a person may not begin construction of the well until the person submits the following information to the commissioner of natural resources:

 

(1) the location of the well;

 

(2) the formation or aquifer that will serve as the water source;

 

(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will be requested in the appropriation permit; and

 

(4) other information requested by the commissioner of natural resources that is necessary to conduct the preliminary assessment required under section 103G.287, subdivision 1, paragraph (c).

 

The person may begin construction after receiving preliminary approval from the commissioner of natural resources.

 

Sec. 5.  Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 4, is amended to read:

 

Subd. 4.  License required.  (a) Except as provided in paragraph (b), (c), (d), or (e), section 103I.401, subdivision 2, or 103I.601, subdivision 2, a person may not drill, construct, repair, or seal a well or boring unless the person has a well contractor's license in possession.

 

(b) A person may construct, repair, and seal an environmental well or temporary boring if the person:

 

(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches of civil or geological engineering;

 

(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;

 

(3) is a professional geoscientist licensed under sections 326.02 to 326.15;

 

(4) is a geologist certified by the American Institute of Professional Geologists; or

 

(5) meets the qualifications established by the commissioner in rule.

 

A person must be licensed by the commissioner as an environmental well contractor on forms provided by the commissioner.


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(c) A person may do the following work with a limited well/boring contractor's license in possession.  A separate license is required for each of the four activities:

 

(1) installing, repairing, and modifying well screens, pitless units and pitless adaptors, well pumps and pumping equipment, and well casings from the pitless adaptor or pitless unit to the upper termination of the well casing;

 

(2) sealing wells and borings;

 

(3) constructing, repairing, and sealing dewatering wells; or

 

(4) constructing, repairing, and sealing bored geothermal heat exchangers.

 

(d) A person may construct, repair, and seal an elevator boring with an elevator boring contractor's license.

 

(e) Notwithstanding other provisions of this chapter requiring a license, a license is not required for a person who complies with the other provisions of this chapter if the person is:

 

(1) an individual who constructs a water-supply well on land that is owned or leased by the individual and is used by the individual for farming or agricultural purposes or as the individual's place of abode; or

 

(2) an individual who performs labor or services for a contractor licensed under the provisions of this chapter in connection with the construction, sealing, or repair of a well or boring at the direction and under the personal supervision of a contractor licensed under the provisions of this chapter; or.

 

(3) a licensed plumber who is repairing submersible pumps or water pipes associated with well water systems if:  (i) the repair location is within an area where there is no licensed well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant sections of the plumbing code.

 

Sec. 6.  Minnesota Statutes 2016, section 103I.205, subdivision 9, is amended to read:

 

Subd. 9.  Report of work.  Within 30 60 days after completion or sealing of a well or boring, the person doing the work must submit a verified report to the commissioner containing the information specified by rules adopted under this chapter.

 

Within 30 days after receiving the report, the commissioner shall send or otherwise provide access to a copy of the report to the commissioner of natural resources, to the local soil and water conservation district where the well is located, and to the director of the Minnesota Geological Survey.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 103I.208, subdivision 1, is amended to read:

 

Subdivision 1.  Well notification fee.  The well notification fee to be paid by a property owner is:

 

(1) for construction of a water supply well, $275, which includes the state core function fee;

 

(2) for a well sealing, $75 for each well or boring, which includes the state core function fee, except that a single fee of $75 is required for all temporary environmental wells borings recorded on the sealing notification for a single property, having depths within a 25 foot range, and sealed within 72 hours of start of construction, except that temporary borings less than 25 feet in depth are exempt from the notification and fee requirements in this chapter;


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(3) for construction of a dewatering well, $275, which includes the state core function fee, for each dewatering well except a dewatering project comprising five or more dewatering wells shall be assessed a single fee of $1,375 for the dewatering wells recorded on the notification; and

 

(4) for construction of an environmental well, $275, which includes the state core function fee, except that a single fee of $275 is required for all environmental wells recorded on the notification that are located on a single property, and except that no fee is required for construction of a temporary environmental well boring.

 

Sec. 8.  Minnesota Statutes 2017 Supplement, section 103I.235, subdivision 3, is amended to read:

 

Subd. 3.  Temporary environmental well boring and unsuccessful well exemption.  This section does not apply to temporary environmental wells borings or unsuccessful wells that have been sealed by a licensed contractor in compliance with this chapter.

 

Sec. 9.  Minnesota Statutes 2016, section 103I.301, subdivision 6, is amended to read:

 

Subd. 6.  Notification required.  A person may not seal a well or boring until a notification of the proposed sealing is filed as prescribed by the commissioner.  Temporary borings less than 25 feet in depth are exempt from the notification requirements in this chapter.

 

Sec. 10.  Minnesota Statutes 2017 Supplement, section 103I.601, subdivision 4, is amended to read:

 

Subd. 4.  Notification and map of borings.  (a) By ten days before beginning exploratory boring, an explorer must submit to the commissioner of health a notification of the proposed boring on a form prescribed by the commissioner, map and a fee of $275 for each exploratory boring.

 

(b) By ten days before beginning exploratory boring, an explorer must submit to the commissioners of health and natural resources a county road map on a single sheet of paper that is eight and one-half by 11 inches in size and having a scale of one-half inch equal to one mile, as prepared by the Department of Transportation, or a 7.5 minute series topographic map (1:24,000 scale), as prepared by the United States Geological Survey, showing the location of each proposed exploratory boring to the nearest estimated 40 acre parcel.  Exploratory boring that is proposed on the map may not be commenced later than 180 days after submission of the map, unless a new map is submitted.

 

Sec. 11.  [137.68] ADVISORY COUNCIL ON RARE DISEASES.

 

Subdivision 1.  Establishment.  The Board of Regents of the University of Minnesota is requested to establish an advisory council on rare diseases to provide advice on research, diagnosis, treatment, and education related to rare diseases.  For purposes of this section, "rare disease" has the meaning given in United States Code, title 21, section 360bb.  The council shall be called the Chloe Barnes Advisory Council on Rare Diseases.

 

Subd. 2.  Membership.  (a) The advisory council may consist of public members appointed by the Board of Regents or a designee according to paragraph (b) and four members of the legislature appointed according to paragraph (c).

 

(b) The Board of Regents or a designee is requested to appoint the following public members:

 

(1) three physicians licensed and practicing in the state with experience researching, diagnosing, or treating rare diseases;

 

(2) one registered nurse or advanced practice registered nurse licensed and practicing in the state with experience treating rare diseases;


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(3) at least two hospital administrators, or their designees, from hospitals in the state that provide care to persons diagnosed with a rare disease.  One administrator or designee appointed under this clause must represent a hospital in which the scope of service focuses on rare diseases of pediatric patients;

 

(4) three persons age 18 or older who either have a rare disease or are a caregiver of a person with a rare disease;

 

(5) a representative of a rare disease patient organization that operates in the state;

 

(6) a social worker with experience providing services to persons diagnosed with a rare disease;

 

(7) a pharmacist with experience with drugs used to treat rare diseases;

 

(8) a dentist licensed and practicing in the state with experience treating rare diseases;

 

(9) a representative of the biotechnology industry;

 

(10) a representative of health plan companies;

 

(11) a medical researcher with experience conducting research on rare diseases;

 

(12) a genetic counselor with experience providing services to persons diagnosed with a rare disease or caregivers of those persons; and

 

(13) other public members, who may serve on an ad hoc basis.

 

(c) The advisory council shall include two members of the senate, one appointed by the majority leader and one appointed by the minority leader; and two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader.

 

(d) The commissioner of health or a designee, a representative of Mayo Medical School, and a representative of the University of Minnesota Medical School, shall serve as ex officio, nonvoting members of the advisory council.

 

(e) Initial appointments to the advisory council shall be made no later than July 1, 2018.  Members appointed according to paragraph (b) shall serve for a term of three years, except that the initial members appointed according to paragraph (b) shall have an initial term of two, three, or four years determined by lot by the chairperson.  Members appointed according to paragraph (b) shall serve until their successors have been appointed.

 

Subd. 3.  Meetings.  The Board of Regents or a designee is requested to convene the first meeting of the advisory council no later than September 1, 2018.  The advisory council shall meet at the call of the chairperson or at the request of a majority of advisory council members.

 

Subd. 4.  Duties.  The advisory council's duties may include, but are not limited to:

 

(1) in conjunction with the state's medical schools, the state's schools of public health, and hospitals in the state that provide care to persons diagnosed with a rare disease, developing resources or recommendations relating to quality of and access to treatment and services in the state for persons with a rare disease, including but not limited to:

 

(i) a list of existing, publicly accessible resources on research, diagnosis, treatment, and education relating to rare diseases;


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(ii) identifying best practices for rare disease care implemented in other states, at the national level, and at the international level, that will improve rare disease care in the state and seeking opportunities to partner with similar organizations in other states and countries;

 

(iii) identifying problems faced by patients with a rare disease when changing health plans, including recommendations on how to remove obstacles faced by these patients to finding a new health plan and how to improve the ease and speed of finding a new health plan that meets the needs of patients with a rare disease; and

 

(iv) identifying best practices to ensure health care providers are adequately informed of the most effective strategies for recognizing and treating rare diseases; and

 

(2) advising, consulting, and cooperating with the Department of Health, the Advisory Committee on Heritable and Congenital Disorders, and other agencies of state government in developing information and programs for the public and the health care community relating to diagnosis, treatment, and awareness of rare diseases.

 

Subd. 5.  Conflict of interest.  Advisory council members are subject to the Board of Regents policy on conflicts of interest.

 

Subd. 6.  Annual report.  By January 1 of each year, beginning January 1, 2019, the advisory council shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education and health care policy on the advisory council's activities under subdivision 4 and other issues on which the advisory council may choose to report.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 12.  [144.064] THE VIVIAN ACT.

 

Subdivision 1.  Short title.  This section shall be known and may be cited as the "Vivian Act."

 

Subd. 2.  Definitions.  For purposes of this section, the following terms have the meanings given them:

 

(1) "commissioner" means the commissioner of health;

 

(2) "health care practitioner" means a medical professional that provides prenatal or postnatal care;

 

(3) "CMV" means the human herpesvirus cytomegalovirus, also called HCMV, human herpesvirus 5, and HHV‑5; and

 

(4) "congenital CMV" means the transmission of a CMV infection from a pregnant mother to her fetus.

 

Subd. 3.  Commissioner duties.  (a) The commissioner shall make available to health care practitioners and women who may become pregnant, expectant parents, and parents of infants up-to-date and evidence-based information about congenital CMV that has been reviewed by experts with knowledge of the disease.  The information shall include the following:

 

(1) the recommendation to consider testing for congenital CMV in babies who did not pass their newborn hearing screen or in which a pregnancy history suggests increased risk for congenital CMV infection;

 

(2) the incidence of CMV;

 

(3) the transmission of CMV to pregnant women and women who may become pregnant;


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(4) birth defects caused by congenital CMV;

 

(5) available preventative measures to avoid the infection of women who are pregnant or may become pregnant; and

 

(6) resources available for families of children born with congenital CMV.

 

(b) The commissioner shall follow existing department practice, inclusive of community engagement, to ensure that the information in paragraph (a) is culturally and linguistically appropriate for all recipients.

 

(c) The department shall establish an outreach program to:

 

(1) educate women who may become pregnant, expectant parents, and parents of infants about CMV; and

 

(2) raise awareness for CMV among health care providers who provide care to expectant mothers or infants.

 

Sec. 13.  Minnesota Statutes 2016, section 144.121, subdivision 1a, is amended to read:

 

Subd. 1a.  Fees for ionizing radiation-producing equipment.  (a) A facility with ionizing radiation-producing equipment must pay an annual initial or annual renewal registration fee consisting of a base facility fee of $100 and an additional fee for each radiation source, as follows:

 

(1)

medical or veterinary equipment

 

$100

 

(2)

dental x-ray equipment

 

$40

 

(3)

x-ray equipment not used on humans or animals

 

$100

 

(4)

devices with sources of ionizing radiation not used on humans or animals

 

$100

 

(5)

security screening system

 

$100

 

 

(b) A facility with radiation therapy and accelerator equipment must pay an annual registration fee of $500.  A facility with an industrial accelerator must pay an annual registration fee of $150.

 

(c) Electron microscopy equipment is exempt from the registration fee requirements of this section.

 

(d) For purposes of this section, a security screening system means radiation-producing equipment designed and used for security screening of humans who are in custody of a correctional or detention facility, and is used by the facility to image and identify contraband items concealed within or on all sides of a human body.  For purposes of this section, a correctional or detention facility is a facility licensed by the commissioner of corrections under section 241.021, and operated by a state agency or political subdivision charged with detection, enforcement, or incarceration in respect to state criminal and traffic laws.

 

Sec. 14.  Minnesota Statutes 2016, section 144.121, is amended by adding a subdivision to read:

 

Subd. 9.  Exemption from examination requirements; operators of security screening systems.  (a) An employee of a correctional or detention facility who operates a security screening system and the facility in which the system is being operated are exempt from the requirements of subdivisions 5 and 6.

 

(b) An employee of a correctional or detention facility who operates a security screening system and the facility in which the system is being operated must meet the requirements of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota Rules, parts 4717.7000 to 4717.7050.  This paragraph expires on December 31 of the year that the permanent rules adopted by the commissioner governing security screening systems are published in the State Register.

 

EFFECTIVE DATE.  This section is effective 30 days following final enactment.


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Sec. 15.  [144.131] ADVISORY COUNCIL ON PANDAS AND PANS.

 

Subdivision 1.  Advisory council established.  The commissioner of health shall establish an advisory council on pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS) and pediatric acute-onset neuropsychiatric syndrome (PANS) to advise the commissioner regarding research, diagnosis, treatment, and education relating to PANDAS and PANS.

 

Subd. 2.  Membership.  (a) The advisory council shall consist of 14 public members appointed according to paragraph (b) and two members of the legislature appointed according to paragraph (c).

 

(b) The commissioner shall appoint the following public members to the advisory council in the manner provided in section 15.0597:

 

(1) an immunologist who is licensed by the Board of Medical Practice and who has experience treating PANS with the use of intravenous immunoglobulin;

 

(2) a health care provider who is licensed and practicing in Minnesota and who has experience treating persons with PANS and autism spectrum disorder;

 

(3) a representative of a nonprofit PANS advocacy organization;

 

(4) a family practice physician who is licensed by the Board of Medical Practice and practicing in Minnesota and who has experience treating persons with PANS;

 

(5) a medical researcher with experience conducting research on PANDAS, PANS, obsessive-compulsive disorder, and other neurological disorders;

 

(6) a health care provider who is licensed and practicing in Minnesota and who has expertise in treating patients with eating disorders;

 

(7) a representative of a professional organization in Minnesota for school psychologists or school social workers;

 

(8) a child psychiatrist who is licensed by the Board of Medical Practice and practicing in Minnesota and who has experience treating persons with PANS;

 

(9) a pediatrician who is licensed by the Board of Medical Practice and practicing in Minnesota and who has experience treating persons with PANS;

 

(10) a representative of an organization focused on autism spectrum disorder;

 

(11) a parent of a child who has been diagnosed with PANS and autism spectrum disorder;

 

(12) a social worker licensed by the Board of Social Work and practicing in Minnesota;

 

(13) a designee of the commissioner of education with expertise in special education; and

 

(14) a representative of health plan companies that offer health plans in the individual or group markets.

 

(c) Legislative members shall be appointed to the advisory council as follows:


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(1) the Subcommittee on Committees of the Committee on Rules and Administration in the senate shall appoint one member from the senate; and

 

(2) the speaker of the house shall appoint one member from the house of representatives.

 

(d) The commissioner of health or a designee shall serve as a nonvoting member of the advisory council.

 

Subd. 3.  Terms.  Members of the advisory council shall serve for a term of three years and may be reappointed.  Members shall serve until their successors have been appointed.

 

Subd. 4.  Administration.  The commissioner of health or the commissioner's designee shall provide meeting space and administrative services for the advisory council.

 

Subd. 5.  Compensation and expenses.  Public members of the advisory council shall not receive compensation but may be reimbursed for allowed actual and necessary expenses incurred in the performance of the member's duties for the advisory council, in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2.

 

Subd. 6.  Chair; meetings.  (a) At the advisory council's first meeting, and every two years thereafter, the members of the advisory council shall elect from among their membership a chair and a vice-chair, whose duties shall be established by the advisory council.

 

(b) The chair of the advisory council shall fix a time and place for regular meetings.  The advisory council shall meet at least four times each year at the call of the chair or at the request of a majority of the advisory council's members.

 

Subd. 7.  Duties.  The advisory council shall:

 

(1) advise the commissioner regarding research, diagnosis, treatment, and education relating to PANDAS and PANS;

 

(2) annually develop recommendations on the following issues related to PANDAS and PANS:

 

(i) practice guidelines for diagnosis and treatment;

 

(ii) ways to increase clinical awareness and education of PANDAS and PANS among pediatricians, other physicians, school-based health centers, and providers of mental health services;

 

(iii) outreach to educators and parents to increase awareness of PANDAS and PANS; and

 

(iv) development of a network of volunteer experts on the diagnosis and treatment of PANDAS and PANS to assist in education and research; and

 

(3) by October 1, 2019, and each October 1 thereafter, complete an annual report with the advisory council's recommendations on the issues listed in clause (2), and submit the report to the chairs and ranking minority members of the legislative committees with jurisdiction over health care and education.  The commissioner shall also post a copy of each annual report on the Department of Health Web site.


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Subd. 8.  Expiration.  The advisory council expires October 1, 2024.

 

Sec. 16.  Minnesota Statutes 2016, section 144.1501, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following definitions apply.

 

(b) "Advanced dental therapist" means an individual who is licensed as a dental therapist under section 150A.06, and who is certified as an advanced dental therapist under section 150A.106.

 

(c) "Alcohol and drug counselor" means an individual who is licensed as an alcohol and drug counselor under chapter 148F.

 

(c) (d) "Dental therapist" means an individual who is licensed as a dental therapist under section 150A.06.

 

(d) (e) "Dentist" means an individual who is licensed to practice dentistry.

 

(e) (f) "Designated rural area" means a statutory and home rule charter city or township that is outside the seven‑county metropolitan area as defined in section 473.121, subdivision 2, excluding the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud.

 

(f) (g) "Emergency circumstances" means those conditions that make it impossible for the participant to fulfill the service commitment, including death, total and permanent disability, or temporary disability lasting more than two years.

 

(g) (h) "Mental health professional" means an individual providing clinical services in the treatment of mental illness who is qualified in at least one of the ways specified in section 245.462, subdivision 18.

 

(h) (i) "Medical resident" means an individual participating in a medical residency in family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

 

(i) (j) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse anesthetist, advanced clinical nurse specialist, or physician assistant.

 

(j) (k) "Nurse" means an individual who has completed training and received all licensing or certification necessary to perform duties as a licensed practical nurse or registered nurse.

 

(k) (l) "Nurse-midwife" means a registered nurse who has graduated from a program of study designed to prepare registered nurses for advanced practice as nurse-midwives.

 

(l) (m) "Nurse practitioner" means a registered nurse who has graduated from a program of study designed to prepare registered nurses for advanced practice as nurse practitioners.

 

(m) (n) "Pharmacist" means an individual with a valid license issued under chapter 151.

 

(n) (o) "Physician" means an individual who is licensed to practice medicine in the areas of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

 

(o) (p) "Physician assistant" means a person licensed under chapter 147A.

 

(p) (q) "Public health nurse" means a registered nurse licensed in Minnesota who has obtained a registration certificate as a public health nurse from the Board of Nursing in accordance with Minnesota Rules, chapter 6316.


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(q) (r) "Qualified educational loan" means a government, commercial, or foundation loan for actual costs paid for tuition, reasonable education expenses, and reasonable living expenses related to the graduate or undergraduate education of a health care professional.

 

(r) (s) "Underserved urban community" means a Minnesota urban area or population included in the list of designated primary medical care health professional shortage areas (HPSAs), medically underserved areas (MUAs), or medically underserved populations (MUPs) maintained and updated by the United States Department of Health and Human Services.

 

Sec. 17.  Minnesota Statutes 2017 Supplement, section 144.1501, subdivision 2, is amended to read:

 

Subd. 2.  Creation of account.  (a) A health professional education loan forgiveness program account is established.  The commissioner of health shall use money from the account to establish a loan forgiveness program:

 

(1) for medical residents and mental health professionals agreeing to practice in designated rural areas or underserved urban communities or specializing in the area of pediatric psychiatry;

 

(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;

 

(3) for nurses who agree to practice in a Minnesota nursing home; an intermediate care facility for persons with developmental disability; a hospital if the hospital owns and operates a Minnesota nursing home and a minimum of 50 percent of the hours worked by the nurse is in the nursing home; a housing with services establishment as defined in section 144D.01, subdivision 4; or for a home care provider as defined in section 144A.43, subdivision 4; or agree to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;

 

(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720 hours per year in their designated field in a postsecondary program at the undergraduate level or the equivalent at the graduate level.  The commissioner, in consultation with the Healthcare Education-Industry Partnership, shall determine the health care fields where the need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory technology, radiologic technology, and surgical technology;

 

(5) for pharmacists, advanced dental therapists, dental therapists, and public health nurses, and alcohol and drug counselors who agree to practice in designated rural areas; and

 

(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient encounters to state public program enrollees or patients receiving sliding fee schedule discounts through a formal sliding fee schedule meeting the standards established by the United States Department of Health and Human Services under Code of Federal Regulations, title 42, section 51, chapter 303.

 

(b) Appropriations made to the account do not cancel and are available until expended, except that at the end of each biennium, any remaining balance in the account that is not committed by contract and not needed to fulfill existing commitments shall cancel to the fund.


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Sec. 18.  Minnesota Statutes 2016, section 144.1501, subdivision 3, is amended to read:

 

Subd. 3.  Eligibility.  (a) To be eligible to participate in the loan forgiveness program, an individual must:

 

(1) be a medical or dental resident; a licensed pharmacist; or be enrolled in a training or education program to become a dentist, dental therapist, advanced dental therapist, mental health professional, pharmacist, public health nurse, midlevel practitioner, registered nurse, or a licensed practical nurse, or alcohol and drug counselor.  The commissioner may also consider applications submitted by graduates in eligible professions who are licensed and in practice; and

 

(2) submit an application to the commissioner of health.

 

(b) An applicant selected to participate must sign a contract to agree to serve a minimum three-year full-time service obligation according to subdivision 2, which shall begin no later than March 31 following completion of required training, with the exception of a nurse, who must agree to serve a minimum two-year full-time service obligation according to subdivision 2, which shall begin no later than March 31 following completion of required training.

 

Sec. 19.  Minnesota Statutes 2016, section 144.1506, subdivision 2, is amended to read:

 

Subd. 2.  Expansion grant program.  (a) The commissioner of health shall award primary care residency expansion grants to eligible primary care residency programs to plan and implement new residency slots.  A planning grant shall not exceed $75,000, and a training grant shall not exceed $150,000 per new residency slot for the first year, $100,000 for the second year, and $50,000 for the third year of the new residency slot.  For eligible residency programs longer than three years, training grants may be awarded for the duration of the residency, not exceeding an average of $100,000 per residency slot per year.

 

(b) Funds may be spent to cover the costs of:

 

(1) planning related to establishing an accredited primary care residency program;

 

(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education or another national body that accredits residency programs;

 

(3) establishing new residency programs or new resident training slots;

 

(4) recruitment, training, and retention of new residents and faculty;

 

(5) travel and lodging for new residents;

 

(6) faculty, new resident, and preceptor salaries related to new residency slots;

 

(7) training site improvements, fees, equipment, and supplies required for new primary care resident training slots; and

 

(8) supporting clinical education in which trainees are part of a primary care team model.


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Sec. 20.  [144.397] STATEWIDE TOBACCO CESSATION SERVICES.

 

(a) The commissioner of health shall administer, or contract for the administration of, statewide tobacco cessation services to assist Minnesotans who are seeking advice or services to help them quit using tobacco products.  The commissioner shall establish statewide public awareness activities to inform the public of the availability of the services and encourage the public to utilize the services because of the dangers and harm of tobacco use and dependence.

 

(b) Services to be provided may include, but are not limited to:

 

(1) telephone-based coaching and counseling;

 

(2) referrals;

 

(3) written materials mailed upon request;

 

(4) Web-based texting or e­mail services; and

 

(5) free Food and Drug Administration-approved tobacco cessation medications.

 

(c) Services provided must be consistent with evidence-based best practices in tobacco cessation services.  Services provided must be coordinated with employer, health plan company, and private sector tobacco prevention and cessation services that may be available to individuals depending on their employment or health coverage.

 

Sec. 21.  Minnesota Statutes 2016, section 144.608, subdivision 1, is amended to read:

 

Subdivision 1.  Trauma Advisory Council established.  (a) A Trauma Advisory Council is established to advise, consult with, and make recommendations to the commissioner on the development, maintenance, and improvement of a statewide trauma system.

 

(b) The council shall consist of the following members:

 

(1) a trauma surgeon certified by the American Board of Surgery or the American Osteopathic Board of Surgery who practices in a level I or II trauma hospital;

 

(2) a general surgeon certified by the American Board of Surgery or the American Osteopathic Board of Surgery whose practice includes trauma and who practices in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);

 

(3) a neurosurgeon certified by the American Board of Neurological Surgery who practices in a level I or II trauma hospital;

 

(4) a trauma program nurse manager or coordinator practicing in a level I or II trauma hospital;

 

(5) an emergency physician certified by the American Board of Emergency Medicine or the American Osteopathic Board of Emergency Medicine whose practice includes emergency room care in a level I, II, III, or IV trauma hospital;

 

(6) a trauma program manager or coordinator who practices in a level III or IV trauma hospital;


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(7) a physician certified by the American Board of Family Medicine or the American Osteopathic Board of Family Practice whose practice includes emergency department care in a level III or IV trauma hospital located in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);

 

(8) a nurse practitioner, as defined under section 144.1501, subdivision 1, paragraph (l) (m), or a physician assistant, as defined under section 144.1501, subdivision 1, paragraph (o) (p), whose practice includes emergency room care in a level IV trauma hospital located in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);

 

(9) a physician certified in pediatric emergency medicine by the American Board of Pediatrics or certified in pediatric emergency medicine by the American Board of Emergency Medicine or certified by the American Osteopathic Board of Pediatrics whose practice primarily includes emergency department medical care in a level I, II, III, or IV trauma hospital, or a surgeon certified in pediatric surgery by the American Board of Surgery whose practice involves the care of pediatric trauma patients in a trauma hospital;

 

(10) an orthopedic surgeon certified by the American Board of Orthopaedic Surgery or the American Osteopathic Board of Orthopedic Surgery whose practice includes trauma and who practices in a level I, II, or III trauma hospital;

 

(11) the state emergency medical services medical director appointed by the Emergency Medical Services Regulatory Board;

 

(12) a hospital administrator of a level III or IV trauma hospital located in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);

 

(13) a rehabilitation specialist whose practice includes rehabilitation of patients with major trauma injuries or traumatic brain injuries and spinal cord injuries as defined under section 144.661;

 

(14) an attendant or ambulance director who is an EMT, EMT-I, or EMT-P within the meaning of section 144E.001 and who actively practices with a licensed ambulance service in a primary service area located in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f); and

 

(15) the commissioner of public safety or the commissioner's designee.

 

Sec. 22.  Minnesota Statutes 2016, section 144A.43, subdivision 11, is amended to read:

 

Subd. 11.  Medication administration.  "Medication administration" means performing a set of tasks to ensure a client takes medications, and includes that include the following:

 

(1) checking the client's medication record;

 

(2) preparing the medication as necessary;

 

(3) administering the medication to the client;

 

(4) documenting the administration or reason for not administering the medication; and

 

(5) reporting to a registered nurse or appropriate licensed health professional any concerns about the medication, the client, or the client's refusal to take the medication.


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Sec. 23.  Minnesota Statutes 2016, section 144A.43, is amended by adding a subdivision to read:

 

Subd. 12a.  Medication reconciliation.  "Medication reconciliation" means the process of identifying the most accurate list of all medications the client is taking, including the name, dosage, frequency, and route by comparing the client record to an external list of medications obtained from the client, hospital, prescriber, or other provider.

 

Sec. 24.  Minnesota Statutes 2016, section 144A.43, subdivision 27, is amended to read:

 

Subd. 27.  Service plan agreement.  "Service plan agreement" means the written plan agreement between the client or client's representative and the temporary licensee or licensee about the services that will be provided to the client.

 

Sec. 25.  Minnesota Statutes 2016, section 144A.43, subdivision 30, is amended to read:

 

Subd. 30.  Standby assistance.  "Standby assistance" means the presence of another person within arm's reach to minimize the risk of injury while performing daily activities through physical intervention or cuing to assist a client with an assistive task by providing cues, oversight, and minimal physical assistance.

 

Sec. 26.  Minnesota Statutes 2016, section 144A.472, subdivision 5, is amended to read:

 

Subd. 5.  Transfers prohibited; Changes in ownership.  Any (a) A home care license issued by the commissioner may not be transferred to another party.  Before acquiring ownership of or a controlling interest in a home care provider business, a prospective applicant owner must apply for a new temporary license.  A change of ownership is a transfer of operational control to a different business entity of the home care provider business and includes:

 

(1) transfer of the business to a different or new corporation;

 

(2) in the case of a partnership, the dissolution or termination of the partnership under chapter 323A, with the business continuing by a successor partnership or other entity;

 

(3) relinquishment of control of the provider to another party, including to a contract management firm that is not under the control of the owner of the business' assets;

 

(4) transfer of the business by a sole proprietor to another party or entity; or

 

(5) in the case of a privately held corporation, the change in transfer of ownership or control of 50 percent or more of the outstanding voting stock controlling interest of a home care provider business not covered by clauses (1) to (4).

 

(b) An employee who was employed by the previous owner of the home care provider business prior to the effective date of a change in ownership under paragraph (a), and who will be employed by the new owner in the same or a similar capacity, shall be treated as if no change in employer occurred, with respect to orientation, training, tuberculosis testing, background studies, and competency testing and training on the policies identified in subdivision 1, clause (14), and subdivision 2, if applicable.

 

(c) Notwithstanding paragraph (b), a new owner of a home care provider business must ensure that employees of the provider receive and complete training and testing on any provisions of policies that differ from those of the previous owner, within 90 days after the date of the change in ownership.


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Sec. 27.  Minnesota Statutes 2017 Supplement, section 144A.472, subdivision 7, is amended to read:

 

Subd. 7.  Fees; application, change of ownership, and renewal.  (a) An initial applicant seeking temporary home care licensure must submit the following application fee to the commissioner along with a completed application:

 

(1) for a basic home care provider, $2,100; or

 

(2) for a comprehensive home care provider, $4,200.

 

(b) A home care provider who is filing a change of ownership as required under subdivision 5 must submit the following application fee to the commissioner, along with the documentation required for the change of ownership:

 

(1) for a basic home care provider, $2,100; or

 

(2) for a comprehensive home care provider, $4,200.

 

(c) For the period ending June 30, 2018, a home care provider who is seeking to renew the provider's license shall pay a fee to the commissioner based on revenues derived from the provision of home care services during the calendar year prior to the year in which the application is submitted, according to the following schedule:

 

License Renewal Fee

 

Provider Annual Revenue

Fee

 

 

greater than $1,500,000

$6,625

 

greater than $1,275,000 and no more than $1,500,000

$5,797

 

greater than $1,100,000 and no more than $1,275,000

$4,969

 

greater than $950,000 and no more than $1,100,000

$4,141

 

greater than $850,000 and no more than $950,000

$3,727

 

greater than $750,000 and no more than $850,000

$3,313

 

greater than $650,000 and no more than $750,000

$2,898

 

greater than $550,000 and no more than $650,000

$2,485

 

greater than $450,000 and no more than $550,000

$2,070

 

greater than $350,000 and no more than $450,000

$1,656

 

greater than $250,000 and no more than $350,000

$1,242

 

greater than $100,000 and no more than $250,000

$828

 

greater than $50,000 and no more than $100,000

$500

 

greater than $25,000 and no more than $50,000

$400

 

no more than $25,000

$200

 

 

(d) For the period between July 1, 2018, and June 30, 2020, a home care provider who is seeking to renew the provider's license shall pay a fee to the commissioner in an amount that is ten percent higher than the applicable fee in paragraph (c).  A home care provider's fee shall be based on revenues derived from the provision of home care services during the calendar year prior to the year in which the application is submitted.


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(e) Beginning July 1, 2020, a home care provider who is seeking to renew the provider's license shall pay a fee to the commissioner based on revenues derived from the provision of home care services during the calendar year prior to the year in which the application is submitted, according to the following schedule:

 

License Renewal Fee

 

Provider Annual Revenue

Fee

 

 

greater than $1,500,000

$7,651

 

greater than $1,275,000 and no more than $1,500,000

$6,695

 

greater than $1,100,000 and no more than $1,275,000

$5,739

 

greater than $950,000 and no more than $1,100,000

$4,783

 

greater than $850,000 and no more than $950,000

$4,304

 

greater than $750,000 and no more than $850,000

$3,826

 

greater than $650,000 and no more than $750,000

$3,347

 

greater than $550,000 and no more than $650,000

$2,870

 

greater than $450,000 and no more than $550,000

$2,391

 

greater than $350,000 and no more than $450,000

$1,913

 

greater than $250,000 and no more than $350,000

$1,434

 

greater than $100,000 and no more than $250,000

$957

 

greater than $50,000 and no more than $100,000

$577

 

greater than $25,000 and no more than $50,000

$462

 

no more than $25,000

$231

 

 

(f) If requested, the home care provider shall provide the commissioner information to verify the provider's annual revenues or other information as needed, including copies of documents submitted to the Department of Revenue.

 

(g) At each annual renewal, a home care provider may elect to pay the highest renewal fee for its license category, and not provide annual revenue information to the commissioner.

 

(h) A temporary license or license applicant, or temporary licensee or licensee that knowingly provides the commissioner incorrect revenue amounts for the purpose of paying a lower license fee, shall be subject to a civil penalty in the amount of double the fee the provider should have paid.

 

(i) The fee for failure to comply with the notification requirements of section 144A.473, subdivision 2, paragraph (c), is $1,000.

 

(j) Fees and penalties collected under this section shall be deposited in the state treasury and credited to the state government special revenue fund.  All fees are nonrefundable.  Fees collected under paragraphs (c), (d), and (e) are nonrefundable even if received before July 1, 2017, for temporary licenses or licenses being issued effective July 1, 2017, or later.

 

Sec. 28.  Minnesota Statutes 2016, section 144A.473, is amended to read:

 

144A.473 ISSUANCE OF TEMPORARY LICENSE AND LICENSE RENEWAL.

 

Subdivision 1.  Temporary license and renewal of license.  (a) The department shall review each application to determine the applicant's knowledge of and compliance with Minnesota home care regulations.  Before granting a temporary license or renewing a license, the commissioner may further evaluate the applicant or licensee by requesting additional information or documentation or by conducting an on-site survey of the applicant to determine compliance with sections 144A.43 to 144A.482.


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(b) Within 14 calendar days after receiving an application for a license, the commissioner shall acknowledge receipt of the application in writing.  The acknowledgment must indicate whether the application appears to be complete or whether additional information is required before the application will be considered complete.

 

(c) Within 90 days after receiving a complete application, the commissioner shall issue a temporary license, renew the license, or deny the license.

 

(d) The commissioner shall issue a license that contains the home care provider's name, address, license level, expiration date of the license, and unique license number.  All licenses, except for temporary licenses issued under subdivision 2, are valid for up to one year from the date of issuance.

 

Subd. 2.  Temporary license.  (a) For new license applicants, the commissioner shall issue a temporary license for either the basic or comprehensive home care level.  A temporary license is effective for up to one year from the date of issuance, except that a temporary license may be extended according to subdivision 3.  Temporary licensees must comply with sections 144A.43 to 144A.482.

 

(b) During the temporary license year period, the commissioner shall survey the temporary licensee within 90 calendar days after the commissioner is notified or has evidence that the temporary licensee is providing home care services.

 

(c) Within five days of beginning the provision of services, the temporary licensee must notify the commissioner that it is serving clients.  The notification to the commissioner may be mailed or e­mailed to the commissioner at the address provided by the commissioner.  If the temporary licensee does not provide home care services during the temporary license year period, then the temporary license expires at the end of the year period and the applicant must reapply for a temporary home care license.

 

(d) A temporary licensee may request a change in the level of licensure prior to being surveyed and granted a license by notifying the commissioner in writing and providing additional documentation or materials required to update or complete the changed temporary license application.  The applicant must pay the difference between the application fees when changing from the basic level to the comprehensive level of licensure.  No refund will be made if the provider chooses to change the license application to the basic level.

 

(e) If the temporary licensee notifies the commissioner that the licensee has clients within 45 days prior to the temporary license expiration, the commissioner may extend the temporary license for up to 60 days in order to allow the commissioner to complete the on-site survey required under this section and follow-up survey visits.

 

Subd. 3.  Temporary licensee survey.  (a) If the temporary licensee is in substantial compliance with the survey, the commissioner shall issue either a basic or comprehensive home care license.  If the temporary licensee is not in substantial compliance with the survey, the commissioner shall either:  (1) not issue a basic or comprehensive license and there will be no contested hearing right under chapter 14 terminate the temporary license; or (2) extend the temporary license for a period not to exceed 90 days and apply conditions, as permitted under section 144A.475, subdivision 2, to the extension of a temporary license.  If the temporary licensee is not in substantial compliance with the survey within the time period of the extension, or if the temporary licensee does not satisfy the license conditions, the commissioner may deny the license.

 

(b) If the temporary licensee whose basic or comprehensive license has been denied or extended with conditions disagrees with the conclusions of the commissioner, then the temporary licensee may request a reconsideration by the commissioner or commissioner's designee.  The reconsideration request process must be conducted internally by the commissioner or commissioner's designee, and chapter 14 does not apply.


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(c) The temporary licensee requesting reconsideration must make the request in writing and must list and describe the reasons why the temporary licensee disagrees with the decision to deny the basic or comprehensive home care license or the decision to extend the temporary license with conditions.

 

(d) The reconsideration request and supporting documentation must be received by the commissioner within 15 calendar days after the date the temporary licensee receives the correction order.

 

(e) A temporary licensee whose license is denied, is permitted to continue operating as a home care provider during the period of time when:

 

(1) a reconsideration request is in process;

 

(2) an extension of a temporary license is being negotiated;

 

(3) the placement of conditions on a temporary license is being negotiated; or

 

(4) a transfer of home care clients from the temporary licensee to a new home care provider is in process.

 

(f) A temporary licensee whose license is denied must comply with the requirements for notification and transfer of clients in section 144A.475, subdivision 5.

 

Sec. 29.  Minnesota Statutes 2016, section 144A.474, subdivision 2, is amended to read:

 

Subd. 2.  Types of home care surveys.  (a) "Initial full survey" means the survey of a new temporary licensee conducted after the department is notified or has evidence that the temporary licensee is providing home care services to determine if the provider is in compliance with home care requirements.  Initial full surveys must be completed within 14 months after the department's issuance of a temporary basic or comprehensive license.

 

(b) "Change in ownership survey" means a full survey of a new licensee due to a change in ownership.  Change in ownership surveys must be completed within six months after the department's issuance of a new license due to a change in ownership.

 

(c) "Core survey" means periodic inspection of home care providers to determine ongoing compliance with the home care requirements, focusing on the essential health and safety requirements.  Core surveys are available to licensed home care providers who have been licensed for three years and surveyed at least once in the past three years with the latest survey having no widespread violations beyond Level 1 as provided in subdivision 11.  Providers must also not have had any substantiated licensing complaints, substantiated complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors Act, or an enforcement action as authorized in section 144A.475 in the past three years.

 

(1) The core survey for basic home care providers must review compliance in the following areas:

 

(i) reporting of maltreatment;

 

(ii) orientation to and implementation of the home care bill of rights;

 

(iii) statement of home care services;

 

(iv) initial evaluation of clients and initiation of services;

 

(v) client review and monitoring;


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(vi) service plan agreement implementation and changes to the service plan agreement;

 

(vii) client complaint and investigative process;

 

(viii) competency of unlicensed personnel; and

 

(ix) infection control.

 

(2) For comprehensive home care providers, the core survey must include everything in the basic core survey plus these areas:

 

(i) delegation to unlicensed personnel;

 

(ii) assessment, monitoring, and reassessment of clients; and

 

(iii) medication, treatment, and therapy management.

 

(c) (d) "Full survey" means the periodic inspection of home care providers to determine ongoing compliance with the home care requirements that cover the core survey areas and all the legal requirements for home care providers.  A full survey is conducted for all temporary licensees and, for licensees that receive licenses due to an approved change in ownership, for providers who do not meet the requirements needed for a core survey, and when a surveyor identifies unacceptable client health or safety risks during a core survey.  A full survey must include all the tasks identified as part of the core survey and any additional review deemed necessary by the department, including additional observation, interviewing, or records review of additional clients and staff.

 

(d) (e) "Follow-up surveys" means surveys conducted to determine if a home care provider has corrected deficient issues and systems identified during a core survey, full survey, or complaint investigation.  Follow-up surveys may be conducted via phone, e­mail, fax, mail, or on-site reviews.  Follow-up surveys, other than complaint surveys, shall be concluded with an exit conference and written information provided on the process for requesting a reconsideration of the survey results.

 

(e) (f) Upon receiving information alleging that a home care provider has violated or is currently violating a requirement of sections 144A.43 to 144A.482, the commissioner shall investigate the complaint according to sections 144A.51 to 144A.54.

 

Sec. 30.  Minnesota Statutes 2016, section 144A.475, subdivision 1, is amended to read:

 

Subdivision 1.  Conditions.  (a) The commissioner may refuse to grant a temporary license, refuse to grant a license as a result of a change in ownership, refuse to renew a license, suspend or revoke a license, or impose a conditional license if the home care provider or owner or managerial official of the home care provider:

 

(1) is in violation of, or during the term of the license has violated, any of the requirements in sections 144A.471 to 144A.482;

 

(2) permits, aids, or abets the commission of any illegal act in the provision of home care;

 

(3) performs any act detrimental to the health, safety, and welfare of a client;

 

(4) obtains the license by fraud or misrepresentation;


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(5) knowingly made or makes a false statement of a material fact in the application for a license or in any other record or report required by this chapter;

 

(6) denies representatives of the department access to any part of the home care provider's books, records, files, or employees;

 

(7) interferes with or impedes a representative of the department in contacting the home care provider's clients;

 

(8) interferes with or impedes a representative of the department in the enforcement of this chapter or has failed to fully cooperate with an inspection, survey, or investigation by the department;

 

(9) destroys or makes unavailable any records or other evidence relating to the home care provider's compliance with this chapter;

 

(10) refuses to initiate a background study under section 144.057 or 245A.04;

 

(11) fails to timely pay any fines assessed by the department;

 

(12) violates any local, city, or township ordinance relating to home care services;

 

(13) has repeated incidents of personnel performing services beyond their competency level; or

 

(14) has operated beyond the scope of the home care provider's license level.

 

(b) A violation by a contractor providing the home care services of the home care provider is a violation by the home care provider.

 

Sec. 31.  Minnesota Statutes 2016, section 144A.475, subdivision 2, is amended to read:

 

Subd. 2.  Terms to suspension or conditional license.  (a) A suspension or conditional license designation may include terms that must be completed or met before a suspension or conditional license designation is lifted.  A conditional license designation may include restrictions or conditions that are imposed on the provider.  Terms for a suspension or conditional license may include one or more of the following and the scope of each will be determined by the commissioner:

 

(1) requiring a consultant to review, evaluate, and make recommended changes to the home care provider's practices and submit reports to the commissioner at the cost of the home care provider;

 

(2) requiring supervision of the home care provider or staff practices at the cost of the home care provider by an unrelated person who has sufficient knowledge and qualifications to oversee the practices and who will submit reports to the commissioner;

 

(3) requiring the home care provider or employees to obtain training at the cost of the home care provider;

 

(4) requiring the home care provider to submit reports to the commissioner;

 

(5) prohibiting the home care provider from taking any new clients for a period of time; or

 

(6) any other action reasonably required to accomplish the purpose of this subdivision and section 144A.45, subdivision 2.

 

(b) A home care provider subject to this subdivision may continue operating during the period of time home care clients are being transferred to other providers.


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Sec. 32.  Minnesota Statutes 2016, section 144A.475, subdivision 5, is amended to read:

 

Subd. 5.  Plan required.  (a) The process of suspending or revoking a license must include a plan for transferring affected clients to other providers by the home care provider, which will be monitored by the commissioner.  Within three business days of being notified of the final revocation or suspension action, the home care provider shall provide the commissioner, the lead agencies as defined in section 256B.0911, and the ombudsman for long-term care with the following information:

 

(1) a list of all clients, including full names and all contact information on file;

 

(2) a list of each client's representative or emergency contact person, including full names and all contact information on file;

 

(3) the location or current residence of each client;

 

(4) the payor sources for each client, including payor source identification numbers; and

 

(5) for each client, a copy of the client's service plan, and a list of the types of services being provided.

 

(b) The revocation or suspension notification requirement is satisfied by mailing the notice to the address in the license record.  The home care provider shall cooperate with the commissioner and the lead agencies during the process of transferring care of clients to qualified providers.  Within three business days of being notified of the final revocation or suspension action, the home care provider must notify and disclose to each of the home care provider's clients, or the client's representative or emergency contact persons, that the commissioner is taking action against the home care provider's license by providing a copy of the revocation or suspension notice issued by the commissioner.

 

(c) A home care provider subject to this subdivision may continue operating during the period of time home care clients are being transferred to other providers.

 

Sec. 33.  Minnesota Statutes 2016, section 144A.476, subdivision 1, is amended to read:

 

Subdivision 1.  Prior criminal convictions; owner and managerial officials.  (a) Before the commissioner issues a temporary license, issues a license as a result of an approved change in ownership, or renews a license, an owner or managerial official is required to complete a background study under section 144.057.  No person may be involved in the management, operation, or control of a home care provider if the person has been disqualified under chapter 245C.  If an individual is disqualified under section 144.057 or chapter 245C, the individual may request reconsideration of the disqualification.  If the individual requests reconsideration and the commissioner sets aside or rescinds the disqualification, the individual is eligible to be involved in the management, operation, or control of the provider.  If an individual has a disqualification under section 245C.15, subdivision 1, and the disqualification is affirmed, the individual's disqualification is barred from a set aside, and the individual must not be involved in the management, operation, or control of the provider.

 

(b) For purposes of this section, owners of a home care provider subject to the background check requirement are those individuals whose ownership interest provides sufficient authority or control to affect or change decisions related to the operation of the home care provider.  An owner includes a sole proprietor, a general partner, or any other individual whose individual ownership interest can affect the management and direction of the policies of the home care provider.

 

(c) For the purposes of this section, managerial officials subject to the background check requirement are individuals who provide direct contact as defined in section 245C.02, subdivision 11, or individuals who have the responsibility for the ongoing management or direction of the policies, services, or employees of the home care provider.  Data collected under this subdivision shall be classified as private data on individuals under section 13.02, subdivision 12.


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(d) The department shall not issue any license if the applicant or owner or managerial official has been unsuccessful in having a background study disqualification set aside under section 144.057 and chapter 245C; if the owner or managerial official, as an owner or managerial official of another home care provider, was substantially responsible for the other home care provider's failure to substantially comply with sections 144A.43 to 144A.482; or if an owner that has ceased doing business, either individually or as an owner of a home care provider, was issued a correction order for failing to assist clients in violation of this chapter.

 

Sec. 34.  Minnesota Statutes 2016, section 144A.479, subdivision 7, is amended to read:

 

Subd. 7.  Employee records.  The home care provider must maintain current records of each paid employee, regularly scheduled volunteers providing home care services, and of each individual contractor providing home care services.  The records must include the following information:

 

(1) evidence of current professional licensure, registration, or certification, if licensure, registration, or certification is required by this statute or other rules;

 

(2) records of orientation, required annual training and infection control training, and competency evaluations;

 

(3) current job description, including qualifications, responsibilities, and identification of staff providing supervision;

 

(4) documentation of annual performance reviews which identify areas of improvement needed and training needs;

 

(5) for individuals providing home care services, verification that required any health screenings required by infection control programs established under section 144A.4798 have taken place and the dates of those screenings; and

 

(6) documentation of the background study as required under section 144.057.

 

Each employee record must be retained for at least three years after a paid employee, home care volunteer, or contractor ceases to be employed by or under contract with the home care provider.  If a home care provider ceases operation, employee records must be maintained for three years.

 

Sec. 35.  Minnesota Statutes 2016, section 144A.4791, subdivision 1, is amended to read:

 

Subdivision 1.  Home care bill of rights; notification to client.  (a) The home care provider shall provide the client or the client's representative a written notice of the rights under section 144A.44 before the initiation of date that services are first provided to that client.  The provider shall make all reasonable efforts to provide notice of the rights to the client or the client's representative in a language the client or client's representative can understand.

 

(b) In addition to the text of the home care bill of rights in section 144A.44, subdivision 1, the notice shall also contain the following statement describing how to file a complaint with these offices.

 

"If you have a complaint about the provider or the person providing your home care services, you may call, write, or visit the Office of Health Facility Complaints, Minnesota Department of Health.  You may also contact the Office of Ombudsman for Long-Term Care or the Office of Ombudsman for Mental Health and Developmental Disabilities."

 

The statement should include the telephone number, Web site address, e­mail address, mailing address, and street address of the Office of Health Facility Complaints at the Minnesota Department of Health, the Office of the Ombudsman for Long-Term Care, and the Office of the Ombudsman for Mental Health and Developmental


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Disabilities.  The statement should also include the home care provider's name, address, e­mail, telephone number, and name or title of the person at the provider to whom problems or complaints may be directed.  It must also include a statement that the home care provider will not retaliate because of a complaint.

 

(c) The home care provider shall obtain written acknowledgment of the client's receipt of the home care bill of rights or shall document why an acknowledgment cannot be obtained.  The acknowledgment may be obtained from the client or the client's representative.  Acknowledgment of receipt shall be retained in the client's record.

 

Sec. 36.  Minnesota Statutes 2016, section 144A.4791, subdivision 3, is amended to read:

 

Subd. 3.  Statement of home care services.  Prior to the initiation of date that services are first provided to the client, a home care provider must provide to the client or the client's representative a written statement which identifies if the provider has a basic or comprehensive home care license, the services the provider is authorized to provide, and which services the provider cannot provide under the scope of the provider's license.  The home care provider shall obtain written acknowledgment from the clients that the provider has provided the statement or must document why the provider could not obtain the acknowledgment.

 

Sec. 37.  Minnesota Statutes 2016, section 144A.4791, subdivision 6, is amended to read:

 

Subd. 6.  Initiation of services.  When a provider initiates provides home care services and to a client before the individualized review or assessment by a licensed health professional or registered nurse as required in subdivisions 7 and 8 has not been is completed, the provider licensed health professional or registered nurse must complete a temporary plan and agreement with the client for services and orient staff assigned to deliver services as identified in the temporary plan.

 

Sec. 38.  Minnesota Statutes 2016, section 144A.4791, subdivision 7, is amended to read:

 

Subd. 7.  Basic individualized client review and monitoring.  (a) When services being provided are basic home care services, an individualized initial review of the client's needs and preferences must be conducted at the client's residence with the client or client's representative.  This initial review must be completed within 30 days after the initiation of the date that home care services are first provided.

 

(b) Client monitoring and review must be conducted as needed based on changes in the needs of the client and cannot exceed 90 days from the date of the last review.  The monitoring and review may be conducted at the client's residence or through the utilization of telecommunication methods based on practice standards that meet the individual client's needs.

 

Sec. 39.  Minnesota Statutes 2016, section 144A.4791, subdivision 8, is amended to read:

 

Subd. 8.  Comprehensive assessment, monitoring, and reassessment.  (a) When the services being provided are comprehensive home care services, an individualized initial assessment must be conducted in person by a registered nurse.  When the services are provided by other licensed health professionals, the assessment must be conducted by the appropriate health professional.  This initial assessment must be completed within five days after initiation of the date that home care services are first provided.

 

(b) Client monitoring and reassessment must be conducted in the client's home no more than 14 days after initiation of the date that home care services are first provided.

 

(c) Ongoing client monitoring and reassessment must be conducted as needed based on changes in the needs of the client and cannot exceed 90 days from the last date of the assessment.  The monitoring and reassessment may be conducted at the client's residence or through the utilization of telecommunication methods based on practice standards that meet the individual client's needs.


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Sec. 40.  Minnesota Statutes 2016, section 144A.4791, subdivision 9, is amended to read:

 

Subd. 9.  Service plan agreement, implementation, and revisions to service plan agreement.  (a) No later than 14 days after the initiation of date that home care services are first provided, a home care provider shall finalize a current written service plan agreement.

 

(b) The service plan agreement and any revisions must include a signature or other authentication by the home care provider and by the client or the client's representative documenting agreement on the services to be provided.  The service plan agreement must be revised, if needed, based on client review or reassessment under subdivisions 7 and 8.  The provider must provide information to the client about changes to the provider's fee for services and how to contact the Office of the Ombudsman for Long-Term Care.

 

(c) The home care provider must implement and provide all services required by the current service plan agreement.

 

(d) The service plan agreement and revised service plan agreement must be entered into the client's record, including notice of a change in a client's fees when applicable.

 

(e) Staff providing home care services must be informed of the current written service plan agreement.

 

(f) The service plan agreement must include:

 

(1) a description of the home care services to be provided, the fees for services, and the frequency of each service, according to the client's current review or assessment and client preferences;

 

(2) the identification of the staff or categories of staff who will provide the services;

 

(3) the schedule and methods of monitoring reviews or assessments of the client;

 

(4) the frequency of sessions of supervision of staff and type of personnel who will supervise staff; and the schedule and methods of monitoring staff providing home care services; and

 

(5) a contingency plan that includes:

 

(i) the action to be taken by the home care provider and by the client or client's representative if the scheduled service cannot be provided;

 

(ii) information and a method for a client or client's representative to contact the home care provider;

 

(iii) names and contact information of persons the client wishes to have notified in an emergency or if there is a significant adverse change in the client's condition, including identification of and information as to who has authority to sign for the client in an emergency; and

 

(iv) the circumstances in which emergency medical services are not to be summoned consistent with chapters 145B and 145C, and declarations made by the client under those chapters.

 

Sec. 41.  Minnesota Statutes 2016, section 144A.4792, subdivision 1, is amended to read:

 

Subdivision 1.  Medication management services; comprehensive home care license.  (a) This subdivision applies only to home care providers with a comprehensive home care license that provide medication management services to clients.  Medication management services may not be provided by a home care provider who has a basic home care license.


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(b) A comprehensive home care provider who provides medication management services must develop, implement, and maintain current written medication management policies and procedures.  The policies and procedures must be developed under the supervision and direction of a registered nurse, licensed health professional, or pharmacist consistent with current practice standards and guidelines.

 

(c) The written policies and procedures must address requesting and receiving prescriptions for medications; preparing and giving medications; verifying that prescription drugs are administered as prescribed; documenting medication management activities; controlling and storing medications; monitoring and evaluating medication use; resolving medication errors; communicating with the prescriber, pharmacist, and client and client representative, if any; disposing of unused medications; and educating clients and client representatives about medications.  When controlled substances are being managed, stored, and secured by the comprehensive home care provider, the policies and procedures must also identify how the provider will ensure security and accountability for the overall management, control, and disposition of those substances in compliance with state and federal regulations and with subdivision 22.

 

Sec. 42.  Minnesota Statutes 2016, section 144A.4792, subdivision 2, is amended to read:

 

Subd. 2.  Provision of medication management services.  (a) For each client who requests medication management services, the comprehensive home care provider shall, prior to providing medication management services, have a registered nurse, licensed health professional, or authorized prescriber under section 151.37 conduct an assessment to determine what medication management services will be provided and how the services will be provided.  This assessment must be conducted face-to-face with the client.  The assessment must include an identification and review of all medications the client is known to be taking.  The review and identification must include indications for medications, side effects, contraindications, allergic or adverse reactions, and actions to address these issues.

 

(b) The assessment must:

 

(1) identify interventions needed in management of medications to prevent diversion of medication by the client or others who may have access to the medications.; and

 

(2) provide instructions to the client or client's representative on interventions to manage the client's medications and prevent diversion of medications.

 

"Diversion of medications" means the misuse, theft, or illegal or improper disposition of medications.

 

Sec. 43.  Minnesota Statutes 2016, section 144A.4792, subdivision 5, is amended to read:

 

Subd. 5.  Individualized medication management plan.  (a) For each client receiving medication management services, the comprehensive home care provider must prepare and include in the service plan agreement a written statement of the medication management services that will be provided to the client.  The provider must develop and maintain a current individualized medication management record for each client based on the client's assessment that must contain the following:

 

(1) a statement describing the medication management services that will be provided;

 

(2) a description of storage of medications based on the client's needs and preferences, risk of diversion, and consistent with the manufacturer's directions;

 

(3) documentation of specific client instructions relating to the administration of medications;


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(4) identification of persons responsible for monitoring medication supplies and ensuring that medication refills are ordered on a timely basis;

 

(5) identification of medication management tasks that may be delegated to unlicensed personnel;

 

(6) procedures for staff notifying a registered nurse or appropriate licensed health professional when a problem arises with medication management services; and

 

(7) any client-specific requirements relating to documenting medication administration, verifications that all medications are administered as prescribed, and monitoring of medication use to prevent possible complications or adverse reactions.

 

(b) The medication management record must be current and updated when there are any changes.

 

(c) Medication reconciliation must be completed when a licensed nurse, licensed health professional, or authorized prescriber is providing medication management.

 

Sec. 44.  Minnesota Statutes 2016, section 144A.4792, subdivision 10, is amended to read:

 

Subd. 10.  Medication management for clients who will be away from home.  (a) A home care provider who is providing medication management services to the client and controls the client's access to the medications must develop and implement policies and procedures for giving accurate and current medications to clients for planned or unplanned times away from home according to the client's individualized medication management plan.  The policy and procedures must state that:

 

(1) for planned time away, the medications must be obtained from the pharmacy or set up by the registered a licensed nurse according to appropriate state and federal laws and nursing standards of practice;

 

(2) for unplanned time away, when the pharmacy is not able to provide the medications, a licensed nurse or unlicensed personnel shall give the client or client's representative medications in amounts and dosages needed for the length of the anticipated absence, not to exceed 120 hours seven calendar days;

 

(3) the client or client's representative must be provided written information on medications, including any special instructions for administering or handling the medications, including controlled substances;

 

(4) the medications must be placed in a medication container or containers appropriate to the provider's medication system and must be labeled with the client's name and the dates and times that the medications are scheduled; and

 

(5) the client or client's representative must be provided in writing the home care provider's name and information on how to contact the home care provider.

 

(b) For unplanned time away when the licensed nurse is not available, the registered nurse may delegate this task to unlicensed personnel if:

 

(1) the registered nurse has trained the unlicensed staff and determined the unlicensed staff is competent to follow the procedures for giving medications to clients; and


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(2) the registered nurse has developed written procedures for the unlicensed personnel, including any special instructions or procedures regarding controlled substances that are prescribed for the client.  The procedures must address:

 

(i) the type of container or containers to be used for the medications appropriate to the provider's medication system;

 

(ii) how the container or containers must be labeled;

 

(iii) the written information about the medications to be given to the client or client's representative;

 

(iv) how the unlicensed staff must document in the client's record that medications have been given to the client or the client's representative, including documenting the date the medications were given to the client or the client's representative and who received the medications, the person who gave the medications to the client, the number of medications that were given to the client, and other required information;

 

(v) how the registered nurse shall be notified that medications have been given to the client or client's representative and whether the registered nurse needs to be contacted before the medications are given to the client or the client's representative; and

 

(vi) a review by the registered nurse of the completion of this task to verify that this task was completed accurately by the unlicensed personnel.; and

 

(vii) how the unlicensed staff must document in the client's record any unused medications that are returned to the provider, including the name of each medication and the doses of each returned medication.

 

Sec. 45.  Minnesota Statutes 2016, section 144A.4793, subdivision 6, is amended to read:

 

Subd. 6.  Treatment and therapy orders or prescriptions.  There must be an up-to-date written or electronically recorded order or prescription from an authorized prescriber for all treatments and therapies.  The order must contain the name of the client, a description of the treatment or therapy to be provided, and the frequency, duration, and other information needed to administer the treatment or therapy.  Treatment and therapy orders must be renewed at least every 12 months.

 

Sec. 46.  Minnesota Statutes 2017 Supplement, section 144A.4796, subdivision 2, is amended to read:

 

Subd. 2.  Content.  (a) The orientation must contain the following topics:

 

(1) an overview of sections 144A.43 to 144A.4798;

 

(2) introduction and review of all the provider's policies and procedures related to the provision of home care services by the individual staff person;

 

(3) handling of emergencies and use of emergency services;

 

(4) compliance with and reporting of the maltreatment of minors or vulnerable adults under sections 626.556 and 626.557;

 

(5) home care bill of rights under section 144A.44;


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(6) handling of clients' complaints, reporting of complaints, and where to report complaints including information on the Office of Health Facility Complaints and the Common Entry Point;

 

(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care, Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care Ombudsman at the Department of Human Services, county managed care advocates, or other relevant advocacy services; and

 

(8) review of the types of home care services the employee will be providing and the provider's scope of licensure.

 

(b) In addition to the topics listed in paragraph (a), orientation may also contain training on providing services to clients with hearing loss.  Any training on hearing loss provided under this subdivision must be high quality and research-based, may include online training, and must include training on one or more of the following topics:

 

(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence, and challenges it poses to communication;

 

(2) health impacts related to untreated age-related hearing loss, such as increased incidence of dementia, falls, hospitalizations, isolation, and depression; or

 

(3) information about strategies and technology that may enhance communication and involvement, including communication strategies, assistive listening devices, hearing aids, visual and tactile alerting devices, communication access in real time, and closed captions.

 

Sec. 47.  Minnesota Statutes 2016, section 144A.4797, subdivision 3, is amended to read:

 

Subd. 3.  Supervision of staff providing delegated nursing or therapy home care tasks.  (a) Staff who perform delegated nursing or therapy home care tasks must be supervised by an appropriate licensed health professional or a registered nurse periodically where the services are being provided to verify that the work is being performed competently and to identify problems and solutions related to the staff person's ability to perform the tasks.  Supervision of staff performing medication or treatment administration shall be provided by a registered nurse or appropriate licensed health professional and must include observation of the staff administering the medication or treatment and the interaction with the client.

 

(b) The direct supervision of staff performing delegated tasks must be provided within 30 days after the date on which the individual begins working for the home care provider and first performs delegated tasks for clients and thereafter as needed based on performance.  This requirement also applies to staff who have not performed delegated tasks for one year or longer.

 

Sec. 48.  Minnesota Statutes 2016, section 144A.4798, is amended to read:

 

144A.4798 EMPLOYEE HEALTH STATUS DISEASE PREVENTION AND INFECTION CONTROL.

 

Subdivision 1.  Tuberculosis (TB) prevention and infection control.  (a) A home care provider must establish and maintain a TB prevention and comprehensive tuberculosis infection control program based on according to the most current tuberculosis infection control guidelines issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in the CDC's Morbidity and Mortality Weekly Report.  Components of a TB prevention and control program include screening all staff providing home care services, both paid and unpaid, at the time of hire for active TB disease and latent TB infection, and developing and implementing a written TB infection control plan.  The commissioner shall make the most recent CDC


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standards available to home care providers on the department's Web site.  This program must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, students, and volunteers.  The commissioner shall provide technical assistance regarding implementation of the guidelines.

 

(b) Written evidence of compliance with this subdivision must be maintained by the home care provider.

 

Subd. 2.  Communicable diseases.  A home care provider must follow current federal or state guidelines state requirements for prevention, control, and reporting of human immunodeficiency virus (HIV), hepatitis B virus (HBV), hepatitis C virus, or other communicable diseases as defined in Minnesota Rules, part parts 4605.7040, 4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090.

 

Subd. 3.  Infection control program.  A home care provider must establish and maintain an effective infection control program that complies with accepted health care, medical, and nursing standards for infection control.

 

Sec. 49.  Minnesota Statutes 2016, section 144A.4799, subdivision 1, is amended to read:

 

Subdivision 1.  Membership.  The commissioner of health shall appoint eight persons to a home care and assisted living program advisory council consisting of the following:

 

(1) three public members as defined in section 214.02 who shall be either persons who are currently receiving home care services or, persons who have received home care services within five years of the application date, persons who have family members receiving home care services, or persons who have family members who have received home care services within five years of the application date;

 

(2) three Minnesota home care licensees representing basic and comprehensive levels of licensure who may be a managerial official, an administrator, a supervising registered nurse, or an unlicensed personnel performing home care tasks;

 

(3) one member representing the Minnesota Board of Nursing; and

 

(4) one member representing the Office of Ombudsman for Long-Term Care.

 

Sec. 50.  Minnesota Statutes 2017 Supplement, section 144A.4799, subdivision 3, is amended to read:

 

Subd. 3.  Duties.  (a) At the commissioner's request, the advisory council shall provide advice regarding regulations of Department of Health licensed home care providers in this chapter, including advice on the following:

 

(1) community standards for home care practices;

 

(2) enforcement of licensing standards and whether certain disciplinary actions are appropriate;

 

(3) ways of distributing information to licensees and consumers of home care;

 

(4) training standards;

 

(5) identifying emerging issues and opportunities in the home care field, including and assisted living;

 

(6) identifying the use of technology in home and telehealth capabilities;


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(6) (7) allowable home care licensing modifications and exemptions, including a method for an integrated license with an existing license for rural licensed nursing homes to provide limited home care services in an adjacent independent living apartment building owned by the licensed nursing home; and

 

(7) (8) recommendations for studies using the data in section 62U.04, subdivision 4, including but not limited to studies concerning costs related to dementia and chronic disease among an elderly population over 60 and additional long-term care costs, as described in section 62U.10, subdivision 6.

 

(b) The advisory council shall perform other duties as directed by the commissioner.

 

(c) The advisory council shall annually review the balance of the account in the state government special revenue fund described in section 144A.474, subdivision 11, paragraph (i), and make annual recommendations by January 15 directly to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services regarding appropriations to the commissioner for the purposes in section 144A.474, subdivision 11, paragraph (i).

 

Sec. 51.  Minnesota Statutes 2016, section 144A.484, subdivision 1, is amended to read:

 

Subdivision 1.  Integrated licensing established.  (a) From January 1, 2014, to June 30, 2015, the commissioner of health shall enforce the home and community-based services standards under chapter 245D for those providers who also have a home care license pursuant to this chapter as required under Laws 2013, chapter 108, article 8, section 60, and article 11, section 31.  During this period, the commissioner shall provide technical assistance to achieve and maintain compliance with applicable law or rules governing the provision of home and community-based services, including complying with the service recipient rights notice in subdivision 4, clause (4).  If during the survey, the commissioner finds that the licensee has failed to achieve compliance with an applicable law or rule under chapter 245D and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the commissioner may issue a licensing survey report with recommendations for achieving and maintaining compliance.

 

(b) Beginning July 1, 2015, A home care provider applicant or license holder may apply to the commissioner of health for a home and community-based services designation for the provision of basic support services identified under section 245D.03, subdivision 1, paragraph (b).  The designation allows the license holder to provide basic support services that would otherwise require licensure under chapter 245D, under the license holder's home care license governed by sections 144A.43 to 144A.481 144A.4799.

 

Sec. 52.  Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision to read:

 

Subd. 9.  Rules authorizing patient-assisted medication administration.  (a) The board shall adopt rules authorizing EMTs, AEMTs, and paramedics certified under section 144E.28 to assist a patient, in emergency situations, with administering prescription medications that are:

 

(1) carried by a patient;

 

(2) intended to treat adrenal insufficiency or another rare but previously diagnosed condition that requires emergency treatment with a previously prescribed medication;

 

(3) intended to treat a specific life-threatening condition; and

 

(4) administered via routes of delivery that are within the skill set of the EMT, AEMT, or paramedic.


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(b) EMTs, AEMTs, and paramedics assisting a patient with medication administration according to the rules adopted under this subdivision may do so only under the authority of guidelines approved by the ambulance service medical director or under direct medical control.

 

Sec. 53.  Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision to read:

 

Subd. 10.  Rules establishing standards for communication with patients regarding need for emergency medical services.  The board shall adopt rules to establish guidelines for ambulance services to communicate with a patient in the service area of the ambulance service, and with the patient's caregivers, concerning the patient's health condition, the likelihood that the patient will need emergency medical services, and how to collaboratively develop emergency medical services care plans to meet the patient's needs.

 

Sec. 54.  Minnesota Statutes 2017 Supplement, section 144H.01, subdivision 5, is amended to read:

 

Subd. 5.  Medically complex or technologically dependent child.  "Medically complex or technologically dependent child" means a child under 21 years of age who, because of a medical condition, requires continuous therapeutic interventions or skilled nursing supervision which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse meets the criteria for medical complexity described in the federally approved community alternative care waiver.

 

Sec. 55.  Minnesota Statutes 2017 Supplement, section 144H.04, subdivision 1, is amended to read:

 

Subdivision 1.  Licenses.  (a) A person seeking licensure for a PPEC center must submit a completed application for licensure to the commissioner, in a form and manner determined by the commissioner.  The applicant must also submit the application fee, in the amount specified in section 144H.05, subdivision 1.  Effective For the period January 1, 2019, through December 31, 2020, the commissioner shall issue licenses for no more than two PPEC centers according to the requirements in the phase-in of licensure of prescribed pediatric extended care centers in section 80.  Beginning January 1, 2018 2021, the commissioner shall issue a license for a PPEC center if the commissioner determines that the applicant and center meet the requirements of this chapter and rules that apply to PPEC centers.  A license issued under this subdivision is valid for two years.

 

(b) The commissioner may limit issuance of PPEC center licenses to PPEC centers located in areas of the state with a demonstrated home care worker shortage.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 56.  Minnesota Statutes 2016, section 145.56, subdivision 2, is amended to read:

 

Subd. 2.  Community-based programs.  To the extent funds are appropriated for the purposes of this subdivision, the commissioner shall establish a grant program to fund:

 

(1) community-based programs to provide education, outreach, and advocacy services to populations who may be at risk for suicide;

 

(2) community-based programs that educate community helpers and gatekeepers, such as family members, spiritual leaders, coaches, and business owners, employers, and coworkers on how to prevent suicide by encouraging help-seeking behaviors;


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(3) community-based programs that educate populations at risk for suicide and community helpers and gatekeepers that must include information on the symptoms of depression and other psychiatric illnesses, the warning signs of suicide, skills for preventing suicides, and making or seeking effective referrals to intervention and community resources;

 

(4) community-based programs to provide evidence-based suicide prevention and intervention education to school staff, parents, and students in grades kindergarten through 12, and for students attending Minnesota colleges and universities;

 

(5) community-based programs to provide evidence-based suicide prevention and intervention to public school nurses, teachers, administrators, coaches, school social workers, peace officers, firefighters, emergency medical technicians, advanced emergency medical technicians, paramedics, primary care providers, and others; and

 

(6) community-based, evidence-based postvention training to mental health professionals and practitioners in order to provide technical assistance to communities after a suicide and to prevent suicide clusters and contagion; and

 

(7) a nonprofit organization to provide crisis telephone counseling services across the state to people in suicidal crisis or emotional distress, 24 hours a day, seven days a week, 365 days a year.

 

Sec. 57.  Minnesota Statutes 2016, section 145.928, subdivision 1, is amended to read:

 

Subdivision 1.  Goal; establishment.  It is the goal of the state, by 2010, to decrease by 50 percent the disparities in infant mortality rates and adult and child immunization rates for American Indians and populations of color, as compared with rates for whites.  To do so and to achieve other measurable outcomes, the commissioner of health shall establish a program to close the gap in the health status of American Indians and populations of color as compared with whites in the following priority areas:  infant mortality, access to and utilization of high-quality prenatal care, breast and cervical cancer screening, HIV/AIDS and sexually transmitted infections, adult and child immunizations, cardiovascular disease, diabetes, and accidental injuries and violence.

 

Sec. 58.  Minnesota Statutes 2016, section 145.928, subdivision 7, is amended to read:

 

Subd. 7.  Community grant program; immunization rates, prenatal care access and utilization, and infant mortality rates.  (a) The commissioner shall award grants to eligible applicants for local or regional projects and initiatives directed at reducing health disparities in one or both more of the following priority areas:

 

(1) decreasing racial and ethnic disparities in infant mortality rates; or

 

(2) decreasing racial and ethnic disparities in access to and utilization of high-quality prenatal care; or

 

(2) (3) increasing adult and child immunization rates in nonwhite racial and ethnic populations.

 

(b) The commissioner may award up to 20 percent of the funds available as planning grants.  Planning grants must be used to address such areas as community assessment, coordination activities, and development of community supported strategies.

 

(c) Eligible applicants may include, but are not limited to, faith-based organizations, social service organizations, community nonprofit organizations, community health boards, tribal governments, and community clinics.  Applicants must submit proposals to the commissioner.  A proposal must specify the strategies to be implemented to address one or both more of the priority areas listed in paragraph (a) and must be targeted to achieve the outcomes established according to subdivision 3.


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(d) The commissioner shall give priority to applicants who demonstrate that their proposed project or initiative:

 

(1) is supported by the community the applicant will serve;

 

(2) is research-based or based on promising strategies;

 

(3) is designed to complement other related community activities;

 

(4) utilizes strategies that positively impact both two or more priority areas;

 

(5) reflects racially and ethnically appropriate approaches; and

 

(6) will be implemented through or with community-based organizations that reflect the race or ethnicity of the population to be reached.

 

Sec. 59.  Minnesota Statutes 2016, section 146B.03, is amended by adding a subdivision to read:

 

Subd. 7a.  Supervisors.  (a) A technician must have been licensed in Minnesota or in a jurisdiction with which Minnesota has reciprocity for at least:

 

(1) two years as a tattoo technician in order to supervise a temporary tattoo technician; or

 

(2) one year as a body piercing technician in order to supervise a temporary body piercing technician.

 

(b) Any technician who agrees to supervise more than two temporary tattoo technicians during the same time period, or more than four body piercing technicians during the same time period, must provide to the commissioner a supervisory plan that describes how the technician will provide supervision to each temporary technician in accordance with section 146B.01, subdivision 28.

 

(c) The commissioner may refuse to approve as a supervisor a technician who has been disciplined in Minnesota or in another jurisdiction after considering the criteria in section 146B.02, subdivision 10, paragraph (b).

 

Sec. 60.  Minnesota Statutes 2016, section 147A.08, is amended to read:

 

147A.08 EXEMPTIONS.

 

(a) This chapter does not apply to, control, prevent, or restrict the practice, service, or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons regulated under section 214.01, subdivision 2, or persons defined in section 144.1501, subdivision 1, paragraphs (i), (k), and (j), (l), and (m).

 

(b) Nothing in this chapter shall be construed to require licensure of:

 

(1) a physician assistant student enrolled in a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant or by its successor agency approved by the board;

 

(2) a physician assistant employed in the service of the federal government while performing duties incident to that employment; or

 

(3) technicians, other assistants, or employees of physicians who perform delegated tasks in the office of a physician but who do not identify themselves as a physician assistant.


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Sec. 61.  Minnesota Statutes 2016, section 148.512, subdivision 17a, is amended to read:

 

Subd. 17a.  Speech-language pathology assistant.  "Speech-language pathology assistant" means a person who provides speech-language pathology services under the supervision of a licensed speech-language pathologist in accordance with section 148.5192 practices speech-language pathology assisting, meets the requirements under section 148.5185 or 148.5186, and is licensed by the commissioner.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 62.  Minnesota Statutes 2016, section 148.513, subdivision 1, is amended to read:

 

Subdivision 1.  Unlicensed practice prohibited.  A person must not engage in the practice of speech-language pathology or, audiology, or speech-language pathology assisting unless the person is licensed as a speech-language pathologist or, an audiologist, or a speech-language pathology assistant under sections 148.511 to 148.5198 or is practicing as a speech-language pathology assistant in accordance with section 148.5192.  For purposes of this subdivision, a speech-language pathology assistant's duties are limited to the duties described in accordance with section 148.5192, subdivision 2.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 63.  Minnesota Statutes 2016, section 148.513, subdivision 2, is amended to read:

 

Subd. 2.  Protected titles and restrictions on use; speech-language pathologists and audiologists.  (a) Notwithstanding paragraph (b) Except as provided in subdivision 2b, the use of the following terms or initials which represent the following terms, alone or in combination with any word or words, by any person to form an occupational title is prohibited unless that person is licensed as a speech-language pathologist or audiologist under sections 148.511 to 148.5198:

 

(1) speech-language;

 

(2) speech-language pathologist, S, SP, or SLP;

 

(3) speech pathologist;

 

(4) language pathologist;

 

(5) audiologist, A, or AUD;

 

(6) speech therapist;

 

(7) speech clinician;

 

(8) speech correctionist;

 

(9) language therapist;

 

(10) voice therapist;

 

(11) voice pathologist;

 

(12) logopedist;


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(13) communicologist;

 

(14) aphasiologist;

 

(15) phoniatrist;

 

(16) audiometrist;

 

(17) audioprosthologist;

 

(18) hearing therapist;

 

(19) hearing clinician; or

 

(20) hearing aid audiologist.

 

Use of the term "Minnesota licensed" in conjunction with the titles protected under this paragraph subdivision by any person is prohibited unless that person is licensed as a speech-language pathologist or audiologist under sections 148.511 to 148.5198.

 

(b) A speech-language pathology assistant practicing under section 148.5192 must not represent, indicate, or imply to the public that the assistant is a licensed speech-language pathologist and shall only utilize one of the following titles:  "speech-language pathology assistant," "SLP assistant," or "SLP asst."

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 64.  Minnesota Statutes 2016, section 148.513, is amended by adding a subdivision to read:

 

Subd. 2b.  Protected titles and restrictions on use; speech-language pathology assistants.  (a) Use of the following titles is prohibited, unless that person is licensed under section 148.5185 or 148.5186:  "speech-language pathology assistant," "SLP assistant," or "SLP asst."

 

(b) A speech-language pathology assistant licensed under section 148.5185 or 148.5186 must not represent, indicate, or imply to the public that the assistant is a licensed speech-language pathologist and shall only utilize one of the following titles:  "speech-language pathology assistant," "SLP assistant," or "SLP asst."  A speech-language pathology assistant licensed under section 148.5185 or 148.5186 may use the term "licensed" or "Minnesota licensed" in connection with a title listed in this paragraph.  Use of the term "Minnesota licensed" in conjunction with any of the titles protected under paragraph (a) by any person is prohibited unless that person is licensed under section 148.5185 or 148.5186.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 65.  Minnesota Statutes 2016, section 148.515, subdivision 1, is amended to read:

 

Subdivision 1.  Applicability.  Except as provided in section 148.516 or 148.517, an applicant for licensure as a speech-language pathologist or audiologist must meet the requirements in this section.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.


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Sec. 66.  Minnesota Statutes 2016, section 148.516, is amended to read:

 

148.516 LICENSURE BY EQUIVALENCY.

 

An applicant who applies for licensure by equivalency as a speech-language pathologist or audiologist must show evidence of possessing a current certificate of clinical competence issued by the American Speech-Language-Hearing Association or board certification by the American Board of Audiology and must meet the requirements of section 148.514.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 67.  [148.5185] RESTRICTED LICENSURE; SPEECH-LANGUAGE PATHOLOGY ASSISTANTS.

 

Subdivision 1.  Qualifications for a restricted license.  To be eligible for restricted licensure as a speech‑language pathology assistant, an applicant must satisfy the requirements in subdivision 2, 3, or 4.

 

Subd. 2.  Person practicing as a speech-language pathology assistant before January 1, 2019.  (a) A person who is practicing as a speech-language pathology assistant before January 1, 2019, and who does not meet the qualifications for a license under section 148.5186 may apply for a restricted speech-language pathology assistant license from the commissioner.  An applicant under this paragraph must submit to the commissioner:

 

(1) proof of current employment as a speech-language pathology assistant; and

 

(2) a signed affidavit affirming supervision, from the licensed speech-language pathologist currently supervising the applicant.

 

(b) In order to be licensed as a speech-language pathology assistant under section 148.5186, a licensee with a restricted license under this subdivision must obtain an associate degree from a speech-language pathology assistant program that is accredited by the Higher Learning Commission of the North Central Association of Colleges or its equivalent, as approved by the commissioner, and that includes (1) coursework on an introduction to communication disorders, phonetics, language development, articulation disorders, language disorders, anatomy of speech/language hearing, stuttering, adult communication disorders, and clinical documentations and materials management; and (2) at least 100 hours of supervised field work experience in speech-language pathology assisting.  Upon completion of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted license under this subdivision is eligible to apply for licensure under section 148.5186.

 

Subd. 3.  Person with a bachelor's degree in communication sciences or disorders and practicing as a speech-language pathology assistant before January 1, 2019.  (a) A person with a bachelor's degree in the discipline of communication sciences or disorders and who is practicing as a speech-language pathology assistant before January 1, 2019, but who does not meet the qualifications for a license under section 148.5186, may apply for a restricted speech-language pathology assistant license from the commissioner.  An applicant under this paragraph must submit to the commissioner:

 

(1) a transcript from an educational institution documenting satisfactory completion of a bachelor's degree in the discipline of communication sciences or disorders;

 

(2) proof of current employment as a speech-language pathology assistant; and

 

(3) a signed affidavit affirming supervision, from the licensed speech-language pathologist currently supervising the applicant.


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(b) In order to be licensed as a speech-language pathology assistant under section 148.5186, a licensee with a restricted license under this subdivision must complete (1) coursework from a speech-language pathology assistant program in articulation disorders, language disorders, adult communication disorders, and stuttering; and (2) at least 100 hours of supervised field work experience in speech-language pathology assisting.  Upon completion of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted license under this subdivision is eligible to apply for licensure under section 148.5186.

 

Subd. 4.  Person with an associate degree from a program that does not meet requirements in section 148.5186.  (a) A person with an associate degree from a speech-language pathology assistant program that does not meet the requirements in section 148.5186, subdivision 1, clause (1), may apply for a restricted speech-language pathology assistant license from the commissioner.  An applicant under this paragraph must submit to the commissioner a transcript from an educational institution documenting satisfactory completion of an associate degree from a speech-language pathology assistant program.  If the commissioner determines that the applicant's speech-language pathology assistant program does not include coursework or supervised field work experience that is equivalent to a program under section 148.5186, subdivision 1, clause (1), the commissioner may issue a restricted license to the applicant.

 

(b) In order to be licensed as a speech-language pathology assistant under section 148.5186, a licensee with a restricted license under this subdivision must complete any missing coursework or supervised field work experience, as determined by the commissioner, in a speech-language pathology assisting program.  Upon completion of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted license under this subdivision is eligible to apply for licensure under section 148.5186.

 

Subd. 5.  Additional requirements; restricted license.  (a) A restricted license issued under subdivision 2, 3, or 4 may be renewed biennially until January 1, 2025.

 

(b) A licensee with a restricted license under subdivision 2 or 3 may only practice speech-language pathology assisting for the employer with whom the licensee was employed when the licensee applied for licensure.

 

Subd. 6.  Continuing education.  In order to renew a restricted license, a licensee must comply with the continuing education requirements in section 148.5193, subdivision 1a.

 

Subd. 7.  Scope of practice.  Scope of practice for a speech-language pathology assistant licensed under this section is governed by section 148.5192, subdivision 2.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 68.  [148.5186] LICENSURE; SPEECH-LANGUAGE PATHOLOGY ASSISTANTS.

 

Subdivision 1.  Requirements for licensure.  To be eligible for licensure as a speech-language pathology assistant, an applicant must submit to the commissioner a transcript from an educational institution documenting satisfactory completion of either:

 

(1) an associate degree from a speech-language pathology assistant program that is accredited by the Higher Learning Commission of the North Central Association of Colleges or its equivalent as approved by the commissioner, which includes at least 100 hours of supervised field work experience in speech-language pathology assisting; or


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(2) a bachelor's degree in the discipline of communication sciences or disorders and a speech-language pathology assistant certificate program that includes (i) coursework in an introduction to speech-language pathology assisting, stuttering, articulation disorders, and language disorders; and (ii) at least 100 hours of supervised field work experience in speech-language pathology assisting.

 

Subd. 2.  Licensure by equivalency.  An applicant who applies for licensure by equivalency as a speech‑language pathology assistant must provide evidence to the commissioner of satisfying the requirements in subdivision 1.

 

Subd. 3.  Scope of practice.  Scope of practice for a speech-language pathology assistant licensed under this section is governed by section 148.5192, subdivision 2.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 69.  Minnesota Statutes 2017 Supplement, section 148.519, subdivision 1, is amended to read:

 

Subdivision 1.  Applications for licensure; speech-language pathologists and audiologists.  (a) An applicant for licensure as a speech-language pathologist or audiologist must:

 

(1) submit a completed application for licensure on forms provided by the commissioner.  The application must include the applicant's name, certification number under chapter 153A, if applicable, business address and telephone number, or home address and telephone number if the applicant practices speech-language pathology or audiology out of the home, and a description of the applicant's education, training, and experience, including previous work history for the five years immediately preceding the date of application.  The commissioner may ask the applicant to provide additional information necessary to clarify information submitted in the application; and

 

(2) submit documentation of the certificate of clinical competence issued by the American Speech‑Language‑Hearing Association, board certification by the American Board of Audiology, or satisfy the following requirements:

 

(i) submit a transcript showing the completion of a master's or doctoral degree or its equivalent meeting the requirements of section 148.515, subdivision 2;

 

(ii) submit documentation of the required hours of supervised clinical training;

 

(iii) submit documentation of the postgraduate clinical or doctoral clinical experience meeting the requirements of section 148.515, subdivision 4; and

 

(iv) submit documentation of receiving a qualifying score on an examination meeting the requirements of section 148.515, subdivision 6.

 

(b) In addition, an applicant must:

 

(1) sign a statement that the information in the application is true and correct to the best of the applicant's knowledge and belief;

 

(2) submit with the application all fees required by section 148.5194;

 

(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records in this or any other state in which the applicant has engaged in the practice of speech-language pathology or audiology; and


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(4) consent to a fingerprint-based criminal history background check as required under section 144.0572, pay all required fees, and cooperate with all requests for information.  An applicant must complete a new criminal history background check if more than one year has elapsed since the applicant last applied for a license.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 70.  Minnesota Statutes 2016, section 148.519, is amended by adding a subdivision to read:

 

Subd. 1a.  Applications for licensure; speech-language pathology assistants.  An applicant for licensure as a speech-language pathology assistant must submit to the commissioner:

 

(1) a completed application on forms provided by the commissioner.  The application must include the applicant's name, business address and telephone number, home address and telephone number, and a description of the applicant's education, training, and experience, including previous work history for the five years immediately preceding the application date.  The commissioner may ask the applicant to provide additional information needed to clarify information submitted in the application;

 

(2) documentation that the applicant satisfied one of the qualifications listed in section 148.5185 or 148.5186;

 

(3) a signed statement that the information in the application is true and correct to the best of the applicant's knowledge and belief;

 

(4) all fees required under section 148.5194; and

 

(5) a signed waiver authorizing the commissioner to obtain access to the applicant's records in this or any other state in which the applicant has worked as a speech-language pathology assistant.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 71.  Minnesota Statutes 2016, section 148.5192, subdivision 1, is amended to read:

 

Subdivision 1.  Delegation requirements.  A licensed speech-language pathologist may delegate duties to a speech-language pathology assistant in accordance with this section.  Duties may only be delegated to an individual who has documented with a transcript from an educational institution satisfactory completion of either:

 

(1) an associate degree from a speech-language pathology assistant program that is accredited by the Higher Learning Commission of the North Central Association of Colleges or its equivalent as approved by the commissioner; or

 

(2) a bachelor's degree in the discipline of communication sciences or disorders with additional transcript credit in the area of instruction in assistant-level service delivery practices and completion of at least 100 hours of supervised field work experience as a speech-language pathology assistant student is licensed under section 148.5185 or 148.5186.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 72.  Minnesota Statutes 2017 Supplement, section 148.5193, subdivision 1, is amended to read:

 

Subdivision 1.  Number of contact hours required.  (a) An applicant for licensure renewal as a speech‑language pathologist or audiologist must meet the requirements for continuing education stipulated by the American Speech-Language-Hearing Association or the American Board of Audiology, or satisfy the requirements described in paragraphs (b) to (e).


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(b) Within one month following expiration of a license, an applicant for licensure renewal as either a speech‑language pathologist or an audiologist must provide evidence to the commissioner of a minimum of 30 contact hours of continuing education obtained within the two years immediately preceding licensure expiration.  A minimum of 20 contact hours of continuing education must be directly related to the licensee's area of licensure.  Ten contact hours of continuing education may be in areas generally related to the licensee's area of licensure.  Licensees who are issued licenses for a period of less than two years shall prorate the number of contact hours required for licensure renewal based on the number of months licensed during the biennial licensure period.  Licensees shall receive contact hours for continuing education activities only for the biennial licensure period in which the continuing education activity was performed.

 

(c) An applicant for licensure renewal as both a speech-language pathologist and an audiologist must attest to and document completion of a minimum of 36 contact hours of continuing education offered by a continuing education sponsor within the two years immediately preceding licensure renewal.  A minimum of 15 contact hours must be received in the area of speech-language pathology and a minimum of 15 contact hours must be received in the area of audiology.  Six contact hours of continuing education may be in areas generally related to the licensee's areas of licensure.  Licensees who are issued licenses for a period of less than two years shall prorate the number of contact hours required for licensure renewal based on the number of months licensed during the biennial licensure period.  Licensees shall receive contact hours for continuing education activities only for the biennial licensure period in which the continuing education activity was performed.

 

(d) If the licensee is licensed by the Professional Educator Licensing and Standards Board:

 

(1) activities that are approved in the categories of Minnesota Rules, part 8710.7200, subpart 3, items A and B, and that relate to speech-language pathology, shall be considered:

 

(i) offered by a sponsor of continuing education; and

 

(ii) directly related to speech-language pathology;

 

(2) activities that are approved in the categories of Minnesota Rules, part 8710.7200, subpart 3, shall be considered:

 

(i) offered by a sponsor of continuing education; and

 

(ii) generally related to speech-language pathology; and

 

(3) one clock hour as defined in Minnesota Rules, part 8710.7200, subpart 1, is equivalent to 1.0 contact hours of continuing education.

 

(e) Contact hours may not be accumulated in advance and transferred to a future continuing education period.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 73.  Minnesota Statutes 2016, section 148.5193, is amended by adding a subdivision to read:

 

Subd. 1a.  Continuing education; speech-language pathology assistants.  An applicant for licensure renewal as a speech-language pathology assistant must meet the requirements for continuing education established by the commissioner.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.


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Sec. 74.  Minnesota Statutes 2016, section 148.5194, is amended by adding a subdivision to read:

 

Subd. 3b.  Speech-language pathology assistant initial licensure and renewal fees.  The fee for initial speech‑language pathology assistant licensure under section 148.5185 or 148.5186 is $130.  The fee for licensure renewal is $120.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 75.  Minnesota Statutes 2016, section 148.5194, subdivision 8, is amended to read:

 

Subd. 8.  Penalty fees.  (a) The penalty fee for practicing speech-language pathology or audiology or using protected titles without a current license after the credential has expired and before it is renewed is the amount of the license renewal fee for any part of the first month, plus the license renewal fee for any part of any subsequent month up to 36 months.  The penalty fee for a speech-language pathology assistant who practices speech-language pathology assisting or uses protected titles without a current license after a license has expired and before it is renewed is the amount of the license renewal fee for any part of the first month, plus the license renewal fee for any part of any subsequent month up to 36 months.

 

(b) The penalty fee for applicants who engage in the unauthorized practice of speech-language pathology or audiology or using protected titles before being issued a license is the amount of the license application fee for any part of the first month, plus the license application fee for any part of any subsequent month up to 36 months.  The penalty fee for a speech-language pathology assistant who engages in the unauthorized practice of speech-language pathology assisting or uses protected titles without being issued a license is the amount of the license application fee for any part of the first month, plus the license application fee for any part of any subsequent month up to 36 months.  This paragraph does not apply to applicants not qualifying for a license who engage in the unauthorized practice of speech language pathology or audiology.

 

(c) The penalty fee for practicing speech-language pathology or audiology and failing to submit a continuing education report by the due date with the correct number or type of hours in the correct time period is $100 plus $20 for each missing clock hour.  The penalty fee for a licensed speech-language pathology assistant who fails to submit a continuing education report by the due date with the correct number or type of hours in the correct time period is $100 plus $20 for each missing clock hour.  "Missing" means not obtained between the effective and expiration dates of the certificate, the one-month period following the certificate expiration date, or the 30 days following notice of a penalty fee for failing to report all continuing education hours.  The licensee must obtain the missing number of continuing education hours by the next reporting due date.

 

(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty fees.  For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and exceeding six months, payment of a penalty fee does not preclude any disciplinary action reasonably justified by the individual case.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 76.  Minnesota Statutes 2016, section 148.5195, subdivision 3, is amended to read:

 

Subd. 3.  Grounds for disciplinary action by commissioner.  The commissioner may take any of the disciplinary actions listed in subdivision 4 on proof that the individual has:

 

(1) intentionally submitted false or misleading information to the commissioner or the advisory council;


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(2) failed, within 30 days, to provide information in response to a written request by the commissioner or advisory council;

 

(3) performed services of a speech-language pathologist or, audiologist, or speech-language pathology assistant in an incompetent or negligent manner;

 

(4) violated sections 148.511 to 148.5198;

 

(5) failed to perform services with reasonable judgment, skill, or safety due to the use of alcohol or drugs, or other physical or mental impairment;

 

(6) violated any state or federal law, rule, or regulation, and the violation is a felony or misdemeanor, an essential element of which is dishonesty, or which relates directly or indirectly to the practice of speech-language pathology or, audiology, or speech-language pathology assisting.  Conviction for violating any state or federal law which relates to speech-language pathology or, audiology, or speech-language pathology assisting is necessarily considered to constitute a violation, except as provided in chapter 364;

 

(7) aided or abetted another person in violating any provision of sections 148.511 to 148.5198;

 

(8) been or is being disciplined by another jurisdiction, if any of the grounds for the discipline is the same or substantially equivalent to those under sections 148.511 to 148.5198;

 

(9) not cooperated with the commissioner or advisory council in an investigation conducted according to subdivision 1;

 

(10) advertised in a manner that is false or misleading;

 

(11) engaged in conduct likely to deceive, defraud, or harm the public; or demonstrated a willful or careless disregard for the health, welfare, or safety of a client;

 

(12) failed to disclose to the consumer any fee splitting or any promise to pay a portion of a fee to any other professional other than a fee for services rendered by the other professional to the client;

 

(13) engaged in abusive or fraudulent billing practices, including violations of federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical assistance laws;

 

(14) obtained money, property, or services from a consumer through the use of undue influence, high pressure sales tactics, harassment, duress, deception, or fraud;

 

(15) performed services for a client who had no possibility of benefiting from the services;

 

(16) failed to refer a client for medical evaluation or to other health care professionals when appropriate or when a client indicated symptoms associated with diseases that could be medically or surgically treated;

 

(17) had the certification required by chapter 153A denied, suspended, or revoked according to chapter 153A;

 

(18) used the term doctor of audiology, doctor of speech-language pathology, AuD, or SLPD without having obtained the degree from an institution accredited by the North Central Association of Colleges and Secondary Schools, the Council on Academic Accreditation in Audiology and Speech-Language Pathology, the United States Department of Education, or an equivalent;


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(19) failed to comply with the requirements of section 148.5192 regarding supervision of speech-language pathology assistants; or

 

(20) if the individual is an audiologist or certified hearing instrument dispenser:

 

(i) prescribed or otherwise recommended to a consumer or potential consumer the use of a hearing instrument, unless the prescription from a physician or recommendation from an audiologist or certified dispenser is in writing, is based on an audiogram that is delivered to the consumer or potential consumer when the prescription or recommendation is made, and bears the following information in all capital letters of 12-point or larger boldface type:  "THIS PRESCRIPTION OR RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE PURCHASED FROM, THE LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";

 

(ii) failed to give a copy of the audiogram, upon which the prescription or recommendation is based, to the consumer when the consumer requests a copy;

 

(iii) failed to provide the consumer rights brochure required by section 148.5197, subdivision 3;

 

(iv) failed to comply with restrictions on sales of hearing instruments in sections 148.5197, subdivision 3, and 148.5198;

 

(v) failed to return a consumer's hearing instrument used as a trade-in or for a discount in the price of a new hearing instrument when requested by the consumer upon cancellation of the purchase agreement;

 

(vi) failed to follow Food and Drug Administration or Federal Trade Commission regulations relating to dispensing hearing instruments;

 

(vii) failed to dispense a hearing instrument in a competent manner or without appropriate training;

 

(viii) delegated hearing instrument dispensing authority to a person not authorized to dispense a hearing instrument under this chapter or chapter 153A;

 

(ix) failed to comply with the requirements of an employer or supervisor of a hearing instrument dispenser trainee;

 

(x) violated a state or federal court order or judgment, including a conciliation court judgment, relating to the activities of the individual's hearing instrument dispensing; or

 

(xi) failed to include on the audiogram the practitioner's printed name, credential type, credential number, signature, and date.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 77.  Minnesota Statutes 2017 Supplement, section 148.5196, subdivision 1, is amended to read:

 

Subdivision 1.  Membership.  The commissioner shall appoint 12 13 persons to a Speech-Language Pathologist and Audiologist Advisory Council.  The 12 13 persons must include:

 

(1) three public members, as defined in section 214.02.  Two of the public members shall be either persons receiving services of a speech-language pathologist or audiologist, or family members of or caregivers to such persons, and at least one of the public members shall be either a hearing instrument user or an advocate of one;


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(2) three speech-language pathologists licensed under sections 148.511 to 148.5198, one of whom is currently and has been, for the five years immediately preceding the appointment, engaged in the practice of speech-language pathology in Minnesota and each of whom is employed in a different employment setting including, but not limited to, private practice, hospitals, rehabilitation settings, educational settings, and government agencies;

 

(3) one speech-language pathologist licensed under sections 148.511 to 148.5198, who is currently and has been, for the five years immediately preceding the appointment, employed by a Minnesota public school district or a Minnesota public school district consortium that is authorized by Minnesota Statutes and who is licensed in speech‑language pathology by the Professional Educator Licensing and Standards Board;

 

(4) three audiologists licensed under sections 148.511 to 148.5198, two of whom are currently and have been, for the five years immediately preceding the appointment, engaged in the practice of audiology and the dispensing of hearing instruments in Minnesota and each of whom is employed in a different employment setting including, but not limited to, private practice, hospitals, rehabilitation settings, educational settings, industry, and government agencies;

 

(5) one nonaudiologist hearing instrument dispenser recommended by a professional association representing hearing instrument dispensers; and

 

(6) one physician licensed under chapter 147 and certified by the American Board of Otolaryngology, Head and Neck Surgery; and

 

(7) one speech-language pathology assistant licensed under section 148.5186.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 78.  Minnesota Statutes 2016, section 148.5196, subdivision 3, is amended to read:

 

Subd. 3.  Duties.  The advisory council shall:

 

(1) advise the commissioner regarding speech-language pathologist and, audiologist, and speech-language pathology assistant licensure standards;

 

(2) advise the commissioner regarding the delegation of duties to and the training required for speech-language pathology assistants;

 

(3) advise the commissioner on enforcement of sections 148.511 to 148.5198;

 

(4) provide for distribution of information regarding speech-language pathologist and, audiologist, and speech‑language pathology assistant licensure standards;

 

(5) review applications and make recommendations to the commissioner on granting or denying licensure or licensure renewal;

 

(6) review reports of investigations relating to individuals and make recommendations to the commissioner as to whether licensure should be denied or disciplinary action taken against the individual;

 

(7) advise the commissioner regarding approval of continuing education activities provided by sponsors using the criteria in section 148.5193, subdivision 2; and

 

(8) perform other duties authorized for advisory councils under chapter 214, or as directed by the commissioner.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.


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Sec. 79.  Minnesota Statutes 2016, section 149A.40, subdivision 11, is amended to read:

 

Subd. 11.  Continuing education.  The commissioner shall require 15 continuing education hours for renewal of a license to practice mortuary science.  Nine of the hours must be in the following areas:  body preparation, care, or handling, and cremation, 3 CE hours; professional practices, 3 CE hours; and regulation and ethics, 3 CE hours.  Continuing education hours shall be reported to the commissioner every other year based on the licensee's license number.  Licensees whose license ends in an odd number must report CE hours at renewal time every odd year.  If a licensee's license ends in an even number, the licensee must report the licensee's CE hours at renewal time every even year.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to mortuary science license renewals on or after that date.

 

Sec. 80.  Minnesota Statutes 2016, section 149A.95, subdivision 3, is amended to read:

 

Subd. 3.  Unlicensed personnel.  (a) A licensed crematory may employ unlicensed personnel, provided that all applicable provisions of this chapter are followed.  It is the duty of the licensed crematory to provide proper training for to all unlicensed personnel and ensure that unlicensed personnel performing cremations are in compliance with the requirements in paragraph (b).  The licensed crematory shall be strictly accountable for compliance with this chapter and other applicable state and federal regulations regarding occupational and workplace health and safety.

 

(b) Unlicensed personnel performing cremations at a licensed crematory must:

 

(1) complete a certified crematory operator course that is approved by the commissioner and that covers at least the following subjects:

 

(i) cremation and incinerator terminology;

 

(ii) combustion principles;

 

(iii) maintenance of and troubleshooting for cremation devices;

 

(iv) how to operate cremation devices;

 

(v) identification, the use of proper forms, and the record-keeping process for documenting chain of custody of human remains;

 

(vi) guidelines for recycling, including but not limited to compliance, disclosure, recycling procedures, and compensation;

 

(vii) legal and regulatory requirements regarding environmental issues, including specific environmental regulations with which compliance is required; and

 

(viii) cremation ethics;

 

(2) obtain a crematory operator certification;

 

(3) publicly post the crematory operator certification at the licensed crematory where the unlicensed personnel performs cremations; and

 

(4) maintain crematory operator certification through:


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(i) recertification, if such recertification is required by the program through which the unlicensed personnel is certified; or

 

(ii) if recertification is not required by the program, completion of at least seven hours of continuing education credits in crematory operation every five years.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to unlicensed personnel performing cremations on or after that date.

 

Sec. 81.  PHASE-IN OF LICENSURE OF PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS.

 

Subdivision 1.  2019-2020 licensure period.  The commissioner of health shall phase in the licensure of prescribed pediatric extended care centers (PPEC centers) under Minnesota Statutes, chapter 144H, by issuing licenses for no more than two PPEC centers for the licensure period January 1, 2019, through December 31, 2020.  To be eligible for licensure for the licensure period January 1, 2019, through December 31, 2020, an entity must hold a current comprehensive home care license under Minnesota Statutes, sections 144A.43 to 144A.482, and must have experience providing home care services to medically complex or technologically dependent children, as defined in Minnesota Statutes, section 144H.01, subdivision 5.  Beginning January 1, 2021, the commissioner shall license additional PPEC centers if the commissioner determines that the applicant and the center meet the licensing requirements of Minnesota Statutes, chapter 144H.

 

Subd. 2.  Quality measures; development and reporting.  The commissioner of health, in consultation with prescribed pediatric extended care centers licensed for the 2019-2020 licensure period, shall develop quality measures for PPEC centers, procedures for PPEC centers to report quality measures to the commissioner, and methods for the commissioner to make the results of the quality measures available to the public.

 

Sec. 82.  OLDER ADULT SOCIAL ISOLATION WORKING GROUP.

 

Subdivision 1.  Establishment; members.  The commissioner of health or the commissioner's designee shall convene an older adult social isolation working group that consists of no more than 35 members including, but not limited to:

 

(1) one person diagnosed with Alzheimer's or dementia;

 

(2) one caregiver of a person diagnosed with Alzheimer's or dementia;

 

(3) the executive director of Giving Voice;

 

(4) one representative from the Mayo Clinic Alzheimer's Disease Research Center;

 

(5) one representative from AARP Minnesota;

 

(6) one representative from Little Brothers-Friends of the Elderly, Minneapolis/St. Paul;

 

(7) one representative from the Alzheimer's Association Minnesota-North Dakota Chapter;

 

(8) one representative from the American Heart Association Minnesota Chapter;

 

(9) one representative from the Minnesota HomeCare Association;

 

(10) two representatives from long-term care trade associations;


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(11) one representative from the Minnesota Rural Health Association;

 

(12) the commissioner of health or the commissioner's designee;

 

(13) one representative from the Minnesota Board on Aging;

 

(14) one representative from the Commission of Deaf, Deafblind and Hard of Hearing Minnesotans;

 

(15) one representative from the Minnesota Nurses Association;

 

(16) one representative from the Minnesota Council of Churches;

 

(17) one representative from the Minnesota Leadership Council on Aging;

 

(18) one representative from the Minnesota Association of Senior Services;

 

(19) one representative from Metro Meals on Wheels;

 

(20) one rural Minnesota geriatrician or family physician;

 

(21) at least two representatives from the University of Minnesota;

 

(22) one representative from one of the Minnesota Area Agencies on Aging;

 

(23) at least two members representing Minnesota rural communities;

 

(24) additional members representing communities of color;

 

(25) one representative from the National Alliance on Mental Illness; and

 

(26) one representative from the Citizens League.

 

Subd. 2.  Duties; recommendations.  The older adult social isolation working group must assess the current and future impact of social isolation on the lives of Minnesotans over age 55.  The working group shall consider and make recommendations to the governor and chairs and members of the health and human services committees in the house of representatives and senate on the following issues:

 

(1) the public health impact of social isolation in the older adult population of Minnesota;

 

(2) identify existing Minnesota resources, services, and capacity to respond to the issue of social isolation in older adults;

 

(3) needed policies or community responses, including but not limited to expanding current services or developing future services after identifying gaps in service for rural geographical areas;

 

(4) needed policies or community responses, including but not limited to the expansion of culturally appropriate current services or developing future services after identifying gaps in service for persons of color; and

 

(5) impact of social isolation on older adults with disabilities and needed policies or community responses.


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Subd. 3.  Meetings.  The working group must hold at least four public meetings beginning August 10, 2018.  To the extent possible, technology must be utilized to reach the greatest number of interested persons throughout the state.  The working group must complete the required meeting schedule by December 10, 2018.

 

Subd. 4.  Report.  The commissioner of health must submit a report and the working group's recommendations to the governor and chairs and members of the health and human services committees in the house of representatives and senate no later than January 14, 2019.

 

Subd. 5.  Sunset.  The working group sunsets upon delivery of the required report to the governor and legislative committees.

 

Sec. 83.  RULEMAKING; WELL AND BORING RECORDS.

 

(a) The commissioner of health shall amend Minnesota Rules, part 4725.1851, subpart 1, to require the licensee, registrant, or property owner or lessee to submit the record of well or boring construction or sealing within 60 days after completion of the work, rather than within 30 days after completion of the work.

 

(b) The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388.

 

Sec. 84.  RULEMAKING; SECURITY SCREENING SYSTEMS.

 

The commissioner of health may adopt permanent rules to implement Minnesota Statutes, section 144.121, subdivision 9, by December 31, 2020.  If the commissioner of health does not adopt rules by December 31, 2020, rulemaking authority under this section is repealed.  Rulemaking authority under this section is not continuing authority to amend or repeal the rule.  Any additional action on rules once adopted must be pursuant to specific statutory authority to take the additional action.

 

Sec. 85.  ADVISORY COUNCIL ON PANDAS AND PANS; INITIAL APPOINTMENTS AND FIRST MEETING.

 

The appointing authorities shall appoint the first members of the advisory council on PANDAS and PANS under Minnesota Statutes, section 144.131, no later than October 1, 2018.  The commissioner of health shall convene the first meeting by November 1, 2018, and the commissioner or the commissioner's designee shall act as chair until the advisory council elects a chair at its first meeting.  Notwithstanding the length of terms specified in Minnesota Statutes, section 144.131, subdivision 3, at the first meeting of the advisory council, the chair elected by the members shall determine by lot one-third of the advisory council members whose terms shall expire on September 30 of the calendar year following the year of first appointment, one-third of the advisory council members whose terms shall expire on September 30 of the second calendar year following the year of first appointment, and the remaining advisory council members whose terms shall expire on September 30 of the third calendar year following the year of first appointment.

 

Sec. 86.  VARIANCE TO REQUIREMENT FOR SANITARY DUMPING STATION.

 

Notwithstanding any law or rule to the contrary, the commissioner of health shall provide a variance to the requirement to provide a sanitary dumping station under Minnesota Rules, part 4630.0900, for a resort in Hubbard County that is located on an island and is landlocked, making it impractical to build a sanitary dumping station for use by recreational camping vehicles and recreational camping on the resort property.  There must be an alternative dumping station available within a 15-mile radius of the resort or a vendor that is available to pump any self‑contained liquid waste system that is located on the resort property.


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Sec. 87.  REVISOR'S INSTRUCTIONS.

 

(a) The revisor of statutes shall change the terms "service plan or service agreement" and "service agreement or service plan" to "service agreement" in the following sections of Minnesota Statutes:  sections 144A.442; 144D.045; 144G.03, subdivision 4, paragraph (c); and 144G.04.

 

(b) The revisor of statutes shall change the term "service plan" to "service agreement" and the term "service plans" to "service agreements" in the following sections of Minnesota Statutes:  sections 144A.44; 144A.45; 144A.475; 144A.4791; 144A.4792; 144A.4793; 144A.4794; 144D.04; and 144G.03, subdivision 4, paragraph (a).

 

Sec. 88.  REPEALER.

 

(a) Minnesota Statutes 2016, sections 144A.45, subdivision 6; and 144A.481, are repealed.

 

(b) Minnesota Statutes 2017 Supplement, section 146B.02, subdivision 7a, is repealed.

 

ARTICLE 2

HEALTH CARE

 

Section 1.  Minnesota Statutes 2017 Supplement, section 13.69, subdivision 1, is amended to read:

 

Subdivision 1.  Classifications.  (a) The following government data of the Department of Public Safety are private data:

 

(1) medical data on driving instructors, licensed drivers, and applicants for parking certificates and special license plates issued to physically disabled persons;

 

(2) other data on holders of a disability certificate under section 169.345, except that (i) data that are not medical data may be released to law enforcement agencies, and (ii) data necessary for enforcement of sections 169.345 and 169.346 may be released to parking enforcement employees or parking enforcement agents of statutory or home rule charter cities and towns;

 

(3) Social Security numbers in driver's license and motor vehicle registration records, except that Social Security numbers must be provided to the Department of Revenue for purposes of tax administration, the Department of Labor and Industry for purposes of workers' compensation administration and enforcement, the judicial branch for purposes of debt collection, and the Department of Natural Resources for purposes of license application administration, and except that the last four digits of the Social Security number must be provided to the Department of Human Services for purposes of recovery of Minnesota health care program benefits paid; and

 

(4) data on persons listed as standby or temporary custodians under section 171.07, subdivision 11, except that the data must be released to:

 

(i) law enforcement agencies for the purpose of verifying that an individual is a designated caregiver; or

 

(ii) law enforcement agencies who state that the license holder is unable to communicate at that time and that the information is necessary for notifying the designated caregiver of the need to care for a child of the license holder.

 

The department may release the Social Security number only as provided in clause (3) and must not sell or otherwise provide individual Social Security numbers or lists of Social Security numbers for any other purpose.


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(b) The following government data of the Department of Public Safety are confidential data:  data concerning an individual's driving ability when that data is received from a member of the individual's family.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 2.  Minnesota Statutes 2016, section 62A.30, is amended by adding a subdivision to read:

 

Subd. 4.  Mammograms.  (a) For purposes of subdivision 2, coverage for a preventive mammogram screening shall include digital breast tomosynthesis for enrollees at risk for breast cancer, and shall be covered as a preventive item or service, as described under section 62Q.46.

 

(b) For purposes of this subdivision, "digital breast tomosynthesis" means a radiologic procedure that involves the acquisition of projection images over the stationary breast to produce cross-sectional digital three-dimensional images of the breast.  "At risk for breast cancer" means:

 

(1) having a family history with one or more first or second degree relatives with breast cancer;

 

(2) testing positive for BRCA1 or BRCA2 mutations;

 

(3) having heterogeneously dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data System established by the American College of Radiology; or

 

(4) having a previous diagnosis of breast cancer.

 

(c) This subdivision does not apply to coverage provided through a public health care program under chapter 256B or 256L.

 

(d) Nothing in this subdivision limits the coverage of digital breast tomosynthesis in a policy, plan, certificate, or contract referred to in subdivision 1 that is in effect prior to January 1, 2019.

 

(e) Nothing in this subdivision prohibits a policy, plan, certificate, or contract referred to in subdivision 1 from covering digital breast tomosynthesis for an enrollee who is not at risk for breast cancer.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to health plans issued, sold, or renewed on or after that date.

 

Sec. 3.  Minnesota Statutes 2016, section 62A.65, subdivision 7, is amended to read:

 

Subd. 7.  Short-term coverage.  (a) For purposes of this section, "short-term coverage" means an individual health plan that:

 

(1) is issued to provide coverage for a period of 185 days or less, except that the health plan may permit coverage to continue until the end of a period of hospitalization for a condition for which the covered person was hospitalized on the day that coverage would otherwise have ended than 12 months;

 

(2) is nonrenewable, provided that the health carrier may provide coverage for one or more subsequent periods that satisfy clause (1), if the total of the periods of coverage do not exceed a total of 365 days out of any 555-day period, plus any additional days covered as a result of hospitalization on the day that a period of coverage would otherwise have ended may be renewed for only one additional period meeting the requirements of clause (1); and


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(3) does not cover any preexisting conditions for the first six months of coverage, including ones that originated during a previous identical policy or contract with the same health carrier where coverage was continuous between the previous and the current policy or contract; and.

 

(4) is available with an immediate effective date without underwriting upon receipt of a completed application indicating eligibility under the health carrier's eligibility requirements, provided that coverage that includes optional benefits may be offered on a basis that does not meet this requirement.

 

(b) Short-term coverage is not subject to subdivisions 2 and 5.  Short-term coverage may exclude as a preexisting condition any injury, illness, or condition for which the covered person had medical treatment, symptoms, or any manifestations before the effective date of the coverage, but dependent children born or placed for adoption during the policy period must not be subject to this provision.

 

(c) Notwithstanding subdivision 3, and section 62A.021, a health carrier may combine short-term coverage with its most commonly sold individual qualified plan, as defined in section 62E.02, other than short-term coverage, for purposes of complying with the loss ratio requirement.

 

(d) The 365-day coverage limitation provided in paragraph (a) applies to the total number of days of short-term coverage that covers a person, regardless of the number of policies, contracts, or health carriers that provide the coverage.  A written application for short-term coverage must ask the applicant whether the applicant has been covered by short-term coverage by any health carrier within the 555 days immediately preceding the effective date of the coverage being applied for.  Short-term coverage issued in violation of the 365-day limitation is valid until the end of its term and does not lose its status as short-term coverage, in spite of the violation.  A health carrier that knowingly issues short-term coverage in violation of the 365-day limitation is subject to the administrative penalties otherwise available to the commissioner of commerce or the commissioner of health, as appropriate.

 

Sec. 4.  Minnesota Statutes 2016, section 62Q.55, subdivision 5, is amended to read:

 

Subd. 5.  Coverage restrictions or limitations.  (a) If emergency services are provided by a nonparticipating provider, with or without prior authorization, the health plan company shall not impose coverage restrictions or limitations that are more restrictive than apply to emergency services received from a participating provider.  Cost‑sharing requirements that apply to emergency services received out-of-network must be the same as the cost‑sharing requirements that apply to services received in-network.

 

(b) If emergency services are provided by a nonparticipating provider:

 

(1) the nonparticipating provider shall not request payment from the enrollee in addition to the applicable cost‑sharing requirements authorized under paragraph (a); and

 

(2) the enrollee shall be held harmless and not liable for payment to the nonparticipating provider that are in addition to the applicable cost-sharing requirements under paragraph (a).

 

(c) A health plan company must attempt to negotiate the reimbursement, less any applicable cost sharing requirements under paragraph (a), for the emergency services from the nonparticipating provider.  If a health plan company's and nonparticipating provider's attempts to negotiate reimbursement for the emergency services do not result in a resolution, the health plan company or provider may elect to refer the matter for binding arbitration.  The arbitrator must be chosen from the list created under section 62Q.556, subdivision 2, paragraph (c).  The arbitrator must consider the information described in section 62Q.556, subdivision 2, paragraph (d), when reaching a decision.  A nondisclosure agreement must be executed by both parties prior to engaging an arbitrator in accordance with this subdivision.  The cost of arbitration must be shared equally between the parties.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to emergency services provided on or after that date.


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Sec. 5.  [256.0113] ELIGIBILITY VERIFICATION.

 

Subdivision 1.  Verification required; vendor contract.  (a) The commissioner shall ensure that medical assistance, MinnesotaCare, and Supplemental Nutrition Assistance Program (SNAP) eligibility determinations through the MNsure information technology system and through other agency eligibility determination systems include the computerized verification of income, residency, identity, and when applicable, assets and compliance with SNAP work requirements.

 

(b) The commissioner shall contract with a vendor to verify the eligibility of all persons enrolled in medical assistance, MinnesotaCare, and SNAP during a specified audit period.  This contract shall be exempt from sections 16C.08, subdivision 2, clause (1); 16C.09, paragraph (a), clause (1); 43A.047, paragraph (a), and any other law to the contrary.

 

(c) The contract must require the vendor to comply with enrollee data privacy requirements and to use encryption to safeguard enrollee identity.  The contract must also provide penalties for vendor noncompliance.

 

(d) The contract must include a revenue sharing agreement, under which vendor compensation is limited to a portion of any savings to the state resulting from the vendor's implementation of eligibility verification initiatives under this section.

 

(e) The commissioner shall use existing resources to fund any agency administrative and technology-related costs incurred as a result of implementing this section.

 

(f) All state savings resulting from implementation of the vendor contract under this section, minus any payments to the vendor made under the terms of the revenue sharing agreement, shall be deposited into the health care access fund.

 

Subd. 2.  Verification process; vendor duties.  (a) The verification process implemented by the vendor must include but is not limited to data matches of the name, date of birth, address, and Social Security number of each medical assistance, MinnesotaCare, and SNAP enrollee against relevant information in federal and state data sources, including the federal data hub established under the Affordable Care Act.  In designing the verification process, the vendor, to the extent feasible, shall incorporate procedures that are compatible and coordinated with, and build upon or improve, existing procedures used by the MNsure information technology system and other agency eligibility determination systems.

 

(b) The vendor, upon preliminary determination that an enrollee is eligible or ineligible, shall notify the commissioner.  Within 20 business days of notification, the commissioner shall accept the preliminary determination or reject the preliminary determination with a stated reason.  The commissioner shall retain final authority over eligibility determinations.  The vendor shall keep a record of all preliminary determinations of ineligibility submitted to the commissioner.

 

(c) The vendor shall recommend to the commissioner an eligibility verification process that allows ongoing verification of enrollee eligibility under the MNsure information technology system and other agency eligibility determination systems.

 

(d) The commissioner and the vendor, following the conclusion of the initial contract period, shall jointly submit an eligibility verification audit report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance.  The report shall include but is not limited to information in the form of unidentified summary data on preliminary determinations of eligibility or ineligibility


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communicated by the vendor, the actions taken on those preliminary determinations by the commissioner, and the commissioner's reasons for rejecting preliminary determinations by the vendor.  The report must also include the recommendations for ongoing verification of enrollee eligibility required under paragraph (c).

 

(e) An eligibility verification vendor contract shall be awarded for an initial one-year period, beginning January 1, 2019.  The commissioner shall renew the contract for up to three additional one-year periods and require additional eligibility verification audits, if the commissioner or the legislative auditor determines that the MNsure information technology system and other agency eligibility determination systems cannot effectively verify the eligibility of medical assistance, MinnesotaCare, and SNAP enrollees.

 

Sec. 6.  Minnesota Statutes 2016, section 256.014, subdivision 2, is amended to read:

 

Subd. 2.  State systems account created.  (a) A state systems account is created in the state treasury.  Money collected by the commissioner of human services for the programs in subdivision 1 must be deposited in the account.  Money in the state systems account and federal matching money is appropriated to the commissioner of human services for purposes of this section.  Any unexpended balance in the appropriations for information systems projects for MAXIS, PRISM, MMIS, ISDS, METS, or SSIS does not cancel and is available for ongoing development and operations, subject to review by the Legislative Advisory Commission under paragraphs (b) and (c).

 

(b) No unexpended balance under paragraph (a) may be expended by the commissioner of human services until the commissioner of management and budget has submitted the proposed expenditure to the members of the Legislative Advisory Commission for review and recommendation.  If the commission makes a positive recommendation or no recommendation, or if the commission has not reviewed the request within 20 days after the date the proposed expenditure was submitted, the commissioner of management and budget may approve the proposed expenditure.  If the commission recommends further review of the proposed expenditure, the commissioner shall provide additional information to the commission.  If the commission makes a negative recommendation on the proposed expenditure within ten days of receiving further information, the commissioner shall not approve the proposed expenditure.  If the commission makes a positive recommendation or no recommendation within ten days of receiving further information, the commissioner may approve the proposed expenditure.

 

(c) A recommendation of the commission must be made at a meeting of the commission unless a written recommendation is signed by all members entitled to vote on the item as specified in section 3.30, subdivision 2.  A recommendation of the commission must be made by a majority of the commission.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 3b, is amended to read:

 

Subd. 3b.  Telemedicine services.  (a) Medical assistance covers medically necessary services and consultations delivered by a licensed health care provider via telemedicine in the same manner as if the service or consultation was delivered in person.  Coverage is limited to three telemedicine services per enrollee per calendar week, except as provided in paragraph (f).  Telemedicine services shall be paid at the full allowable rate.

 

(b) The commissioner shall establish criteria that a health care provider must attest to in order to demonstrate the safety or efficacy of delivering a particular service via telemedicine.  The attestation may include that the health care provider:

 

(1) has identified the categories or types of services the health care provider will provide via telemedicine;

 

(2) has written policies and procedures specific to telemedicine services that are regularly reviewed and updated;


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(3) has policies and procedures that adequately address patient safety before, during, and after the telemedicine service is rendered;

 

(4) has established protocols addressing how and when to discontinue telemedicine services; and

 

(5) has an established quality assurance process related to telemedicine services.

 

(c) As a condition of payment, a licensed health care provider must document each occurrence of a health service provided by telemedicine to a medical assistance enrollee.  Health care service records for services provided by telemedicine must meet the requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must document:

 

(1) the type of service provided by telemedicine;

 

(2) the time the service began and the time the service ended, including an a.m. and p.m. designation;

 

(3) the licensed health care provider's basis for determining that telemedicine is an appropriate and effective means for delivering the service to the enrollee;

 

(4) the mode of transmission of the telemedicine service and records evidencing that a particular mode of transmission was utilized;

 

(5) the location of the originating site and the distant site;

 

(6) if the claim for payment is based on a physician's telemedicine consultation with another physician, the written opinion from the consulting physician providing the telemedicine consultation; and

 

(7) compliance with the criteria attested to by the health care provider in accordance with paragraph (b).

 

(d) For purposes of this subdivision, unless otherwise covered under this chapter, "telemedicine" is defined as the delivery of health care services or consultations while the patient is at an originating site and the licensed health care provider is at a distant site.  A communication between licensed health care providers, or a licensed health care provider and a patient that consists solely of a telephone conversation, e­mail, or facsimile transmission does not constitute telemedicine consultations or services.  Telemedicine may be provided by means of real-time two-way, interactive audio and visual communications, including the application of secure video conferencing or store-and-forward technology to provide or support health care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, and care management of a patient's health care.

 

(e) For purposes of this section, "licensed health care provider" means a licensed health care provider under section 62A.671, subdivision 6, a community paramedic as defined under section 144E.001, subdivision 5f, and a mental health practitioner defined under section 245.462, subdivision 17, or 245.4871, subdivision 26, working under the general supervision of a mental health professional; "health care provider" is defined under section 62A.671, subdivision 3; and "originating site" is defined under section 62A.671, subdivision 7.

 

(f) The limit on coverage of three telemedicine services per enrollee per calendar week does not apply if:

 

(1) the telemedicine services provided by the licensed health care provider are for the treatment and control of tuberculosis; and

 

(2) the services are provided in a manner consistent with the recommendations and best practices specified by the Centers for Disease Control and Prevention and the commissioner of health.


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Sec. 8.  Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 17d.  Transportation services oversight.  The commissioner shall contract with a vendor or dedicate staff for oversight of providers of nonemergency medical transportation services pursuant to the commissioner's authority in section 256B.04 and Minnesota Rules, parts 9505.2160 to 9505.2245.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 9.  Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 17e.  Transportation provider termination.  (a) A terminated nonemergency medical transportation provider, including all named individuals on the current enrollment disclosure form and known or discovered affiliates of the nonemergency medical transportation provider, is not eligible to enroll as a nonemergency medical transportation provider for five years following the termination.

 

(b) After the five-year period in paragraph (a), if a provider seeks to reenroll as a nonemergency medical transportation provider, the nonemergency medical transportation provider must be placed on a one-year probation period.  During a provider's probation period the commissioner shall complete unannounced site visits and request documentation to review compliance with program requirements.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 10.  Minnesota Statutes 2016, section 256B.0625, subdivision 18d, is amended to read:

 

Subd. 18d.  Advisory committee members.  (a) The Nonemergency Medical Transportation Advisory Committee consists of:

 

(1) four voting members who represent counties, utilizing the rural urban commuting area classification system.  As defined in subdivision 17, these members shall be designated as follows:

 

(i) two counties within the 11-county metropolitan area;

 

(ii) one county representing the rural area of the state; and

 

(iii) one county representing the super rural area of the state.

 

The Association of Minnesota Counties shall appoint one county within the 11-county metropolitan area and one county representing the super rural area of the state.  The Minnesota Inter-County Association shall appoint one county within the 11-county metropolitan area and one county representing the rural area of the state;

 

(2) three voting members who represent medical assistance recipients, including persons with physical and developmental disabilities, persons with mental illness, seniors, children, and low-income individuals;

 

(3) four five voting members who represent providers that deliver nonemergency medical transportation services to medical assistance enrollees, one of whom is a taxicab owner or operator;

 

(4) two voting members of the house of representatives, one from the majority party and one from the minority party, appointed by the speaker of the house, and two voting members from the senate, one from the majority party and one from the minority party, appointed by the Subcommittee on Committees of the Committee on Rules and Administration;


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(5) one voting member who represents demonstration providers as defined in section 256B.69, subdivision 2;

 

(6) one voting member who represents an organization that contracts with state or local governments to coordinate transportation services for medical assistance enrollees;

 

(7) one voting member who represents the Minnesota State Council on Disability;

 

(8) the commissioner of transportation or the commissioner's designee, who shall serve as a voting member;

 

(9) one voting member appointed by the Minnesota Ambulance Association; and

 

(10) one voting member appointed by the Minnesota Hospital Association.

 

(b) Members of the advisory committee shall not be employed by the Department of Human Services.  Members of the advisory committee shall receive no compensation.

 

Sec. 11.  Minnesota Statutes 2016, section 256B.0625, subdivision 30, is amended to read:

 

Subd. 30.  Other clinic services.  (a) Medical assistance covers rural health clinic services, federally qualified health center services, nonprofit community health clinic services, and public health clinic services.  Rural health clinic services and federally qualified health center services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and (C).  Payment for rural health clinic and federally qualified health center services shall be made according to applicable federal law and regulation.

 

(b) A federally qualified health center that is beginning initial operation shall submit an estimate of budgeted costs and visits for the initial reporting period in the form and detail required by the commissioner.  A federally qualified health center that is already in operation shall submit an initial report using actual costs and visits for the initial reporting period.  Within 90 days of the end of its reporting period, a federally qualified health center shall submit, in the form and detail required by the commissioner, a report of its operations, including allowable costs actually incurred for the period and the actual number of visits for services furnished during the period, and other information required by the commissioner.  Federally qualified health centers that file Medicare cost reports shall provide the commissioner with a copy of the most recent Medicare cost report filed with the Medicare program intermediary for the reporting year which support the costs claimed on their cost report to the state.

 

(c) In order to continue cost-based payment under the medical assistance program according to paragraphs (a) and (b), a federally qualified health center or rural health clinic must apply for designation as an essential community provider within six months of final adoption of rules by the Department of Health according to section 62Q.19, subdivision 7.  For those federally qualified health centers and rural health clinics that have applied for essential community provider status within the six-month time prescribed, medical assistance payments will continue to be made according to paragraphs (a) and (b) for the first three years after application.  For federally qualified health centers and rural health clinics that either do not apply within the time specified above or who have had essential community provider status for three years, medical assistance payments for health services provided by these entities shall be according to the same rates and conditions applicable to the same service provided by health care providers that are not federally qualified health centers or rural health clinics.

 

(d) Effective July 1, 1999, the provisions of paragraph (c) requiring a federally qualified health center or a rural health clinic to make application for an essential community provider designation in order to have cost-based payments made according to paragraphs (a) and (b) no longer apply.

 

(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.


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(f) Effective January 1, 2001, each federally qualified health center and rural health clinic may elect to be paid either under the prospective payment system established in United States Code, title 42, section 1396a(aa), or under an alternative payment methodology consistent with the requirements of United States Code, title 42, section 1396a(aa), and approved by the Centers for Medicare and Medicaid Services.  The alternative payment methodology shall be 100 percent of cost as determined according to Medicare cost principles.

 

(g) For purposes of this section, "nonprofit community clinic" is a clinic that:

 

(1) has nonprofit status as specified in chapter 317A;

 

(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);

 

(3) is established to provide health services to low-income population groups, uninsured, high-risk and special needs populations, underserved and other special needs populations;

 

(4) employs professional staff at least one-half of which are familiar with the cultural background of their clients;

 

(5) charges for services on a sliding fee scale designed to provide assistance to low-income clients based on current poverty income guidelines and family size; and

 

(6) does not restrict access or services because of a client's financial limitations or public assistance status and provides no-cost care as needed.

 

(h) Effective for services provided on or after January 1, 2015, all claims for payment of clinic services provided by federally qualified health centers and rural health clinics shall be paid by the commissioner.  the commissioner shall determine the most feasible method for paying claims from the following options:

 

(1) federally qualified health centers and rural health clinics submit claims directly to the commissioner for payment, and the commissioner provides claims information for recipients enrolled in a managed care or county‑based purchasing plan to the plan, on a regular basis; or

 

(2) federally qualified health centers and rural health clinics submit claims for recipients enrolled in a managed care or county-based purchasing plan to the plan, and those claims are submitted by the plan to the commissioner for payment to the clinic.

 

(h) Federally qualified health centers and rural health clinics shall submit claims directly to the commissioner for payment, and the commissioner shall provide claims information for recipients enrolled in a managed care plan or county-based purchasing plan to the plan on a regular basis as determined by the commissioner.

 

(i) For clinic services provided prior to January 1, 2015, the commissioner shall calculate and pay monthly the proposed managed care supplemental payments to clinics, and clinics shall conduct a timely review of the payment calculation data in order to finalize all supplemental payments in accordance with federal law.  Any issues arising from a clinic's review must be reported to the commissioner by January 1, 2017.  Upon final agreement between the commissioner and a clinic on issues identified under this subdivision, and in accordance with United States Code, title 42, section 1396a(bb), no supplemental payments for managed care plan or county-based purchasing plan claims for services provided prior to January 1, 2015, shall be made after June 30, 2017.  If the commissioner and clinics are unable to resolve issues under this subdivision, the parties shall submit the dispute to the arbitration process under section 14.57.


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(j) The commissioner shall seek a federal waiver, authorized under section 1115 of the Social Security Act, to obtain federal financial participation at the 100 percent federal matching percentage available to facilities of the Indian Health Service or tribal organization in accordance with section 1905(b) of the Social Security Act for expenditures made to organizations dually certified under Title V of the Indian Health Care Improvement Act, Public Law 94-437, and as a federally qualified health center under paragraph (a) that provides services to American Indian and Alaskan Native individuals eligible for services under this subdivision.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to services provided on or after that date.

 

Sec. 12.  [256B.0759] DIRECT CONTRACTING PILOT PROGRAM.

 

Subdivision 1.  Establishment.  The commissioner shall establish a direct contracting pilot program to test alternative and innovative methods of delivering care through community-based collaborative care networks to medical assistance and MinnesotaCare enrollees.  The pilot program shall be designed to coordinate care delivery to enrollees who demonstrate a combination of medical, economic, behavioral health, cultural, and geographic risk factors, including persons determined to be at risk of substance abuse and opioid addiction.  The commissioner shall issue a request for proposals to select care networks to deliver care through the pilot program for a three-year period beginning January 1, 2020.

 

Subd. 2.  Eligible individuals.  (a) The pilot program shall serve individuals who:

 

(1) are eligible for medical assistance under section 256B.055 or MinnesotaCare under chapter 256L;

 

(2) reside in the service area of the care network;

 

(3) have a combination of multiple risk factors identified by the care network and approved by the commissioner;

 

(4) have elected to participate in the pilot project as an alternative to receiving services under fee-for-service or through a managed care or county-based purchasing plan or integrated health partnership; and

 

(5) agree to participate in risk mitigation strategies as provided in subdivision 4, clause (4), if the individual is determined to be at risk of opioid addiction or substance abuse.

 

(b) The commissioner may identify individuals who are potentially eligible to be enrolled with a care network based on zip code or other geographic designation, utilization history, or other factors indicating whether an individual resides in the service area of a care network.  The commissioner shall coordinate pilot program enrollment with the enrollment and procurement process for managed care and county-based purchasing plans and integrated health partnerships.

 

Subd. 3.  Selection of care networks.  Participation in the pilot program is limited to no more than six care networks.  The commissioner shall ensure that the care networks selected serve different geographic areas of the state.  The commissioner shall consider the following criteria when selecting care networks to participate in the program:

 

(1) the ability of the care network to provide or arrange for the full range of health care services required to be provided under section 256B.69, including but not limited to primary care, inpatient hospital care, specialty care, behavioral health services, and chemical dependency and substance abuse treatment services;

 

(2) at least 25,000 individuals reside in the service area of the care network;


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(3) the care network serves a high percentage of patients who are enrolled in Minnesota health care programs or are uninsured compared to the overall Minnesota population; and

 

(4) the care network can demonstrate the capacity to improve health outcomes and reduce total cost of care for the population in its service area through better patient engagement, coordination of care, and the provision of specialized services to address risk factors related to opioid addiction and substance abuse, and address nonclinical risk factors and barriers to access.

 

Subd. 4.  Requirements for participating care networks.  (a) A care network selected to participate in the pilot program must:

 

(1) accept a capitation rate for enrollees equal to the capitation rate that would otherwise apply to the enrollees under section 256B.69;

 

(2) comply with all requirements in section 256B.69 related to performance targets, capitation rate withholds, and administrative expenses;

 

(3) maintain adequate reserves and demonstrate the ability to bear risk, based upon criteria established by the commissioner under the request for proposals, or demonstrate to the commissioner that this requirement has been met through a contract with a health plan company, third-party administrator, stop-loss insurer, or other entity; and

 

(4) assess all enrollees for risk factors related to opioid addiction and substance abuse and, based upon the professional judgment of the health care provider, require enrollees determined to be at risk to enter into a patient provider agreement, submit to urine drug screening, and participate in other risk mitigation strategies; and

 

(5) participate in quality of care and financial reporting initiatives, in the form and manner specified by the commissioner.

 

(b) An existing integrated health partnership that meets the criteria in this section is eligible to participate in the pilot program while continuing as an integrated health partnership.

 

Subd. 5.  Requirements for the commissioner.  (a) The commissioner shall provide all participating care networks with enrollee utilization and cost information similar to that provided by the commissioner to integrated health partnerships.

 

(b) The commissioner, in consultation with the commissioner of health and care networks, shall design and administer the pilot program in a manner that allows the testing of new care coordination models and quality-of-care measures to determine the extent to which the care delivered by the pilot program, relative to the care delivered under fee-for-service and by managed care and county-based purchasing plans and integrated health partnerships:

 

(1) improves outcomes and reduces the total cost of care for the population served; and

 

(2) reduces administrative burdens and costs for health care providers and state agencies.

 

(c) The commissioner, based on the analysis under paragraph (b), shall evaluate the pilot program and present recommendations as to whether the pilot program should be continued or expanded to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance by February 15, 2022.


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Sec. 13.  Minnesota Statutes 2016, section 256B.69, subdivision 5a, is amended to read:

 

Subd. 5a.  Managed care contracts.  (a) Managed care contracts under this section and section 256L.12 shall be entered into or renewed on a calendar year basis.  The commissioner may issue separate contracts with requirements specific to services to medical assistance recipients age 65 and older.

 

(b) A prepaid health plan providing covered health services for eligible persons pursuant to chapters 256B and 256L is responsible for complying with the terms of its contract with the commissioner.  Requirements applicable to managed care programs under chapters 256B and 256L established after the effective date of a contract with the commissioner take effect when the contract is next issued or renewed.

 

(c) The commissioner shall withhold five percent of managed care plan payments under this section and county‑based purchasing plan payments under section 256B.692 for the prepaid medical assistance program pending completion of performance targets.  Each performance target must be quantifiable, objective, measurable, and reasonably attainable, except in the case of a performance target based on a federal or state law or rule.  Criteria for assessment of each performance target must be outlined in writing prior to the contract effective date.  Clinical or utilization performance targets and their related criteria must consider evidence-based research and reasonable interventions when available or applicable to the populations served, and must be developed with input from external clinical experts and stakeholders, including managed care plans, county-based purchasing plans, and providers.  The managed care or county-based purchasing plan must demonstrate, to the commissioner's satisfaction, that the data submitted regarding attainment of the performance target is accurate.  The commissioner shall periodically change the administrative measures used as performance targets in order to improve plan performance across a broader range of administrative services.  The performance targets must include measurement of plan efforts to contain spending on health care services and administrative activities.  The commissioner may adopt plan‑specific performance targets that take into account factors affecting only one plan, including characteristics of the plan's enrollee population.  The withheld funds must be returned no sooner than July of the following year if performance targets in the contract are achieved.  The commissioner may exclude special demonstration projects under subdivision 23.

 

(d) The commissioner shall require that managed care plans use the assessment and authorization processes, forms, timelines, standards, documentation, and data reporting requirements, protocols, billing processes, and policies consistent with medical assistance fee-for-service or the Department of Human Services contract requirements consistent with medical assistance fee-for-service or the Department of Human Services contract requirements for all personal care assistance services under section 256B.0659.

 

(e) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the health plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner.  For 2012, the reduction shall be based on the health plan's utilization in 2009.  To earn the return of the withhold each subsequent year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than ten percent of the plan's emergency department utilization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous measurement year until the final performance target is reached.  When measuring performance, the commissioner must consider the difference in health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.

 

The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate was achieved.  The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.


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The withhold described in this paragraph shall continue for each consecutive contract period until the plan's emergency room utilization rate for state health care program enrollees is reduced by 25 percent of the plan's emergency room utilization rate for medical assistance and MinnesotaCare enrollees for calendar year 2009.  Hospitals shall cooperate with the health plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.

 

(f) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rate for medical assistance and MinnesotaCare enrollees, as determined by the commissioner.  To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of no less than five percent of the plan's hospital admission rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, compared to the previous calendar year until the final performance target is reached.  When measuring performance, the commissioner must consider the difference in health risk in a managed care or county-based purchasing plan's membership in the baseline year compared to the measurement year, and work with the managed care or county-based purchasing plan to account for differences that they agree are significant.

 

The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that this reduction in the hospitalization rate was achieved.  The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.

 

The withhold described in this paragraph shall continue until there is a 25 percent reduction in the hospital admission rate compared to the hospital admission rates in calendar year 2011, as determined by the commissioner.  The hospital admissions in this performance target do not include the admissions applicable to the subsequent hospital admission performance target under paragraph (g).  Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved.

 

(g) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rates for subsequent hospitalizations within 30 days of a previous hospitalization of a patient regardless of the reason, for medical assistance and MinnesotaCare enrollees, as determined by the commissioner.  To earn the return of the withhold each year, the managed care plan or county-based purchasing plan must achieve a qualifying reduction of the subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, of no less than five percent compared to the previous calendar year until the final performance target is reached.

 

The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if the managed care plan or county-based purchasing plan demonstrates to the satisfaction of the commissioner that a qualifying reduction in the subsequent hospitalization rate was achieved.  The commissioner shall structure the withhold so that the commissioner returns a portion of the withheld funds in amounts commensurate with achieved reductions in utilization less than the targeted amount.

 

The withhold described in this paragraph must continue for each consecutive contract period until the plan's subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees, excluding enrollees in programs described in subdivisions 23 and 28, is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar year 2011.  Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that must be returned to the hospitals if the performance target is achieved.


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(h) Effective for services rendered on or after January 1, 2013, through December 31, 2013, the commissioner shall withhold 4.5 percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program.  The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year.  The commissioner may exclude special demonstration projects under subdivision 23.

 

(i) Effective for services rendered on or after January 1, 2014, the commissioner shall withhold three percent of managed care plan payments under this section and county-based purchasing plan payments under section 256B.692 for the prepaid medical assistance program.  The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year.  The commissioner may exclude special demonstration projects under subdivision 23.

 

(j) A managed care plan or a county-based purchasing plan under section 256B.692 may include as admitted assets under section 62D.044 any amount withheld under this section that is reasonably expected to be returned.

 

(k) Contracts between the commissioner and a prepaid health plan are exempt from the set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a), and 7.

 

(l) The return of the withhold under paragraphs (h) and (i) is not subject to the requirements of paragraph (c).

 

(m) Managed care plans and county-based purchasing plans shall maintain current and fully executed agreements for all subcontractors, including bargaining groups, for administrative services that are expensed to the state's public health care programs.  Subcontractor agreements determined to be material, as defined by the commissioner after taking into account state contracting and relevant statutory requirements, must be in the form of a written instrument or electronic document containing the elements of offer, acceptance, consideration, payment terms, scope, duration of the contract, and how the subcontractor services relate to state public health care programs.  Upon request, the commissioner shall have access to all subcontractor documentation under this paragraph.  Nothing in this paragraph shall allow release of information that is nonpublic data pursuant to section 13.02.

 

(n) Effective for services provided on or after January 1, 2019, through December 31, 2019, the commissioner shall withhold two percent of the capitation payment provided to managed care plans under this section, and county‑based purchasing plans under section 256B.692, for each medical assistance enrollee.  The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following year, for capitation payments for enrollees for whom the plan has submitted to the commissioner a verification of coverage form completed and signed by the enrollee.  The verification of coverage form must be developed by the commissioner and made available to managed care and county-based purchasing plans.  The form must require the enrollee to provide the enrollee's name and street address and the name of the managed care or county-based purchasing plan selected by or assigned to the enrollee and must include a signature block that allows the enrollee to attest that the information provided is accurate.  A plan shall request that all enrollees complete the verification of coverage form and shall submit all completed forms to the commissioner by February 28, 2019.  If a completed form for an enrollee is not received by the commissioner by that date:

 

(1) the commissioner shall not return to the plan funds withheld for that enrollee;

 

(2) the commissioner shall cease making capitation payments to the plan for that enrollee, effective with the April 2019 coverage month; and

 

(3) the commissioner shall disenroll the enrollee from medical assistance, subject to any enrollee appeal.


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(o) The commissioner may establish and administer a single preferred drug list for medical assistance and MinnesotaCare enrollees receiving services through fee-for-service, integrated health partnerships, managed care, or county-based purchasing, only if the commissioner first studies this change and then obtains legislative approval in the form of enacted legislation authorizing the change.  In conducting the study, the commissioner shall consult with interested and affected stakeholders including but not limited to managed care organizations, county-based purchasers, integrated health partnerships, health care providers, and enrollees.  The commissioner shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance on the anticipated impact of the proposed change on:  the state budget, access to services, quality of both outcomes and enrollee experience, and administrative efficiency.  The report must also include an assessment of possible unintended consequences of the use of a single preferred drug list.

 

Sec. 14.  ENCOUNTER REPORTING OF 340B ELIGIBLE DRUGS.

 

(a) The commissioner of human services, in consultation with federally qualified health centers, managed care organizations, and contract pharmacies, shall develop recommendations for a process to identify and report at point of sale the 340B drugs that are dispensed to enrollees of managed care organizations who are patients of a federally qualified health center, and to exclude these claims from the Medicaid Drug Rebate Program and ensure that duplicate discounts for drugs do not occur.  In developing this process, the commissioner shall assess the impact of allowing federally qualified health centers to utilize the 340B Drug Pricing Program drug discounts if a federally qualified health center utilizes a contract pharmacy for a patient enrolled in the prepaid medical assistance program.

 

(b) By March 1, 2019, the commissioner shall report the recommendations to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over medical assistance.

 

Sec. 15.  RECONCILIATION OF MINNESOTACARE PREMIUMS.

 

Subdivision 1.  Reconciliation required.  (a) The commissioner of human services shall reconcile all MinnesotaCare premiums paid or due for health coverage provided during the period January 1, 2014, through December 31, 2017, by July 1, 2018.  Based on this reconciliation, the commissioner shall notify each MinnesotaCare enrollee or former enrollee of any amount owed as premiums, refund to the enrollee or former enrollee any premium overpayment, and enter into a payment arrangement with the enrollee or former enrollee as necessary.

 

(b) The commissioner of human services is prohibited from using agency staff and resources to plan, develop, or promote any proposal that would offer a health insurance product on the individual market that would offer consumers similar benefits and networks as the standard MinnesotaCare program, until the commissioner of management and budget has determined under subdivision 2 that the commissioner is in compliance with the requirements of this section.

 

Subd. 2.  Determination of compliance; contingent transfer.  The commissioner of management and budget shall determine whether the commissioner of human services has complied with the requirements of subdivision 1.  If the commissioner of management and budget determines that the commissioner of human services is not in compliance with subdivision 1, the commissioner of management and budget shall transfer $10,000 from the central office operations account of the Department of Human Services to the premium security plan account established under Minnesota Statutes, section 62E.25, for each business day of noncompliance.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 16.  CONTRACT TO RECOVER THIRD-PARTY LIABILITY.

 

The commissioner shall contract with a vendor to implement a third-party liability recovery program for medical assistance and MinnesotaCare.  Under the terms of the contract, the vendor shall be reimbursed using a percentage of the money recovered through the third-party liability recovery program.  All money recovered that remains after reimbursement of the vendor is available for operation of the medical assistance and MinnesotaCare programs.  The use of this money must be authorized in law by the legislature.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 17.  STUDY AND REPORT ON DISPARITIES BETWEEN GEOGRAPHIC RATING AREAS IN INDIVIDUAL AND SMALL GROUP MARKET HEALTH INSURANCE RATES.

 

Subdivision 1.  Study and recommendations.  (a) As permitted by the availability of resources, the legislative auditor is requested to study disparities between Minnesota's nine geographic rating areas in individual and small group market health insurance rates and recommend ways to reduce or eliminate rate disparities between the geographic rating areas and provide for stability of the individual and small group health insurance markets in the state.  In the study, if conducted, the legislative auditor shall:

 

(1) identify the factors that cause higher individual and small group market health insurance rates in certain geographic rating areas, and determine the extent to which each identified factor contributes to the higher rates;

 

(2) identify the impact of referral centers on individual and small group market health insurance rates in southeastern Minnesota, and identify ways to reduce the rate disparity between southeastern Minnesota and the metropolitan area, taking into consideration the patterns of referral center usage by patients in those regions;

 

(3) determine the extent to which individuals and small employers located in a geographic rating area with higher health insurance rates than surrounding geographic rating areas have obtained health insurance in a lower‑cost geographic rating area, identify the strategies that individuals and small employers use to obtain health insurance in a lower-cost geographic rating area, and measure the effects of this practice on the rates of the individuals and small employers remaining in the geographic rating area with higher health insurance rates; and

 

(4) develop proposals to redraw the boundaries of Minnesota's geographic rating areas, and calculate the effect each proposal would have on rates in each of the proposed rating areas.  The legislative auditor shall examine at least three options for redrawing the boundaries of Minnesota's geographic rating areas, at least one of which must reduce the number of geographic rating areas.  All options for redrawing Minnesota's geographic rating areas considered by the legislative auditor must be designed:

 

(i) with the purposes of reducing or eliminating rate disparities between geographic rating areas and providing for stability of the individual and small group health insurance markets in the state;

 

(ii) with consideration of the composition of existing provider networks and referral patterns in regions of the state; and

 

(iii) in compliance with the requirements for geographic rating areas in Code of Federal Regulations, title 45, section 147.102(b), and other applicable federal law and guidance.

 

(b) Health carriers that cover Minnesota residents, health systems that provide care to Minnesota residents, and the commissioner of health shall cooperate with any requests for information from the legislative auditor that the legislative auditor determines is necessary to conduct the study.


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(c) The legislative auditor may recommend one or more proposals for redrawing Minnesota's geographic rating areas if the legislative auditor determines that the proposal would reduce or eliminate individual and small group market health insurance rate disparities between the geographic rating areas and provide for stability of the individual and small group health insurance markets in the state.

 

Subd. 2.  Contract.  The legislative auditor may contract with another entity for technical assistance in conducting the study and developing recommendations according to subdivision 1.

 

Subd. 3.  Report.  The legislative auditor is requested to complete the study and recommendations by January 1, 2019, and to submit a report on the study and recommendations by that date to the chairs and ranking minority members of the legislative committees with jurisdiction over health care and health insurance.

 

Sec. 18.  TESTIMONY ON USE OF DIGITAL BREAST TOMOSYNTHESIS BY MEMBERS OF THE STATE EMPLOYEE GROUP INSURANCE PROGRAM.

 

The director of the state employee group insurance program must prepare and submit written testimony to the house of representatives and senate committees with jurisdiction over health and human services and state government finance regarding the impact of Minnesota Statutes, section 62A.30, subdivision 4.  The director must provide data on actual utilization of the coverage under Minnesota Statutes, section 62A.30, subdivision 4 by members of the state employee group insurance program from January 1, 2019, to June 30, 2019.  The director may make recommendations for legislation addressing any issues relating to the coverage required by Minnesota Statutes, section 62A.30, subdivision 4.  The testimony required under this section is due by December 31, 2019.

 

Sec. 19.  MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY WORK GROUP.

 

Subdivision 1.  Establishment; membership.  (a) A mental health and substance use disorder parity work group is established and shall include the following members:

 

(1) two members representing health plan companies that offer health plans in the individual market, appointed by the commissioner of commerce;

 

(2) two members representing health plan companies that offer health plans in the group markets, appointed by the commissioner of commerce;

 

(3) the commissioner of health or a designee;

 

(4) the commissioner of commerce or a designee;

 

(5) the commissioner of management and budget or a designee;

 

(6) two members representing employers, appointed by the commissioner of commerce;

 

(7) two members who are providers representing the mental health and substance use disorder community, appointed by the commissioner of commerce; and

 

(8) two members who are advocates representing the mental health and substance use disorder community, appointed by the commissioner of commerce.

 

(b) Members of the work group must have expertise in standards for evidence-based care, benefit design, or knowledge relating to the analysis of mental health and substance use disorder parity under federal and state law, including nonquantitative treatment limitations.


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Subd. 2.  First appointments; first meeting; chair.  Appointing authorities shall appoint members to the work group by July 1, 2018.  The commissioner of commerce or a designee shall convene the first meeting of the work group on or before August 1, 2018.  The commissioner of commerce or the commissioner's designee shall act as chair.

 

Subd. 3.  Duties.  The mental health and substance use disorder parity work group shall:

 

(1) develop recommendations on the most effective approach to determine and demonstrate mental health and substance use disorder parity, in accordance with state and federal law for individual and group health plans offered in Minnesota; and

 

(2) report recommendations to the legislature.

 

Subd. 4.  Report.  (a) By February 15, 2019, the work group shall submit a report with recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over health care policy and finance.

 

(b) The report must include the following:

 

(1) a summary of completed state enforcement actions relating to individual and group health plans offered in Minnesota during the preceding 12-month period regarding compliance with parity in mental health and substance use disorders benefits in accordance with state and federal law and a summary of the results of completed state enforcement actions.  Data that is protected under state or federal law as nonpublic, private, or confidential shall remain nonpublic, private, or confidential.  This summary must include:

 

(i) the number of formal enforcement actions taken;

 

(ii) the benefit classifications examined in each enforcement action; and

 

(iii) the subject matter of each enforcement action, including quantitative and nonquantitative treatment limitations;

 

(2) detailed information about any regulatory actions the commissioner of health or commissioner of commerce has taken as a result of a completed state enforcement action pertaining to health plan compliance with Minnesota Statutes, sections 62Q.47 and 62Q.53, and United States Code, title 42, section 18031(j);

 

(3) a description of the work group's recommendations on educating the public about alcoholism, mental health, or chemical dependency parity protections under state and federal law; and

 

(4) recommendations on the most effective approach to determine and demonstrate mental health and substance use disorder parity, in accordance with state and federal law for individual and group health plans offered in Minnesota.

 

(c) In developing the report and recommendations, the work group may consult with the Substance Abuse and Mental Health Services Agency and the National Association of Insurance Commissioners for the latest developments on evaluation of mental health and substance use disorder parity.

 

(d) The report must be written in plain language and must be made available to the public by being posted on the Web sites of the Department of Health and Department of Commerce.  The work group may make the report publicly available in additional ways, at its discretion.


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(e) The report must include any draft legislation necessary to implement the recommendations of the work group.

 

Subd. 5.  Expiration.  The mental health and substance use disorder parity work group expires February 16, 2019, or the day after submitting the report required in this section, whichever is earlier.

 

Sec. 20.  REPEALER.

 

Minnesota Statutes 2016, section 62A.65, subdivision 7a, is repealed.

 

ARTICLE 3

CHEMICAL AND MENTAL HEALTH

 

Section 1.  Minnesota Statutes 2016, section 13.851, is amended by adding a subdivision to read:

 

Subd. 11.  Mental health screening.  The treatment of data collected by a sheriff or local corrections agency related to individuals who may have a mental illness is governed by section 641.15, subdivision 3a.

 

Sec. 2.  Minnesota Statutes 2016, section 245A.04, subdivision 7, is amended to read:

 

Subd. 7.  Grant of license; license extension.  (a) If the commissioner determines that the program complies with all applicable rules and laws, the commissioner shall issue a license consistent with this section or, if applicable, a temporary change of ownership license under section 245A.043.  At minimum, the license shall state:

 

(1) the name of the license holder;

 

(2) the address of the program;

 

(3) the effective date and expiration date of the license;

 

(4) the type of license;

 

(5) the maximum number and ages of persons that may receive services from the program; and

 

(6) any special conditions of licensure.

 

(b) The commissioner may issue an initial a license for a period not to exceed two years if:

 

(1) the commissioner is unable to conduct the evaluation or observation required by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet operational;

 

(2) certain records and documents are not available because persons are not yet receiving services from the program; and

 

(3) the applicant complies with applicable laws and rules in all other respects.

 

(c) A decision by the commissioner to issue a license does not guarantee that any person or persons will be placed or cared for in the licensed program.  A license shall not be transferable to another individual, corporation, partnership, voluntary association, other organization, or controlling individual or to another location.


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(d) A license holder must notify the commissioner and obtain the commissioner's approval before making any changes that would alter the license information listed under paragraph (a).

 

(e) (d) Except as provided in paragraphs (g) (f) and (h) (g), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has:

 

(1) been disqualified and the disqualification was not set aside and no variance has been granted;

 

(2) been denied a license within the past two years;

 

(3) had a license issued under this chapter revoked within the past five years;

 

(4) an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent; or

 

(5) failed to submit the information required of an applicant under subdivision 1, paragraph (f) or (g), after being requested by the commissioner.

 

When a license issued under this chapter is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A or 245D for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked.

 

(f) (e) The commissioner shall not issue or reissue a license under this chapter if an individual living in the household where the licensed services will be provided as specified under section 245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside and no variance has been granted.

 

(g) (f) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued under this chapter has been suspended or revoked and the suspension or revocation is under appeal, the program may continue to operate pending a final order from the commissioner.  If the license under suspension or revocation will expire before a final order is issued, a temporary provisional license may be issued provided any applicable license fee is paid before the temporary provisional license is issued.

 

(h) (g) Notwithstanding paragraph (g) (f), when a revocation is based on the disqualification of a controlling individual or license holder, and the controlling individual or license holder is ordered under section 245C.17 to be immediately removed from direct contact with persons receiving services or is ordered to be under continuous, direct supervision when providing direct contact services, the program may continue to operate only if the program complies with the order and submits documentation demonstrating compliance with the order.  If the disqualified individual fails to submit a timely request for reconsideration, or if the disqualification is not set aside and no variance is granted, the order to immediately remove the individual from direct contact or to be under continuous, direct supervision remains in effect pending the outcome of a hearing and final order from the commissioner.

 

(i) (h) For purposes of reimbursement for meals only, under the Child and Adult Care Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226, relocation within the same county by a licensed family day care provider, shall be considered an extension of the license for a period of no more than 30 calendar days or until the new license is issued, whichever occurs first, provided the county agency has determined the family day care provider meets licensure requirements at the new location.

 

(j) (i) Unless otherwise specified by statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the expiration date stated on the license.  A license holder must apply for and be granted a new license to operate the program or the program must not be operated after the expiration date.


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(k) (j) The commissioner shall not issue or reissue a license under this chapter if it has been determined that a tribal licensing authority has established jurisdiction to license the program or service.

 

Sec. 3.  Minnesota Statutes 2016, section 245A.04, is amended by adding a subdivision to read:

 

Subd. 7a.  Notification required.  (a) A license holder must notify the commissioner and obtain the commissioner's approval before making any change that would alter the license information listed under subdivision 7, paragraph (a).

 

(b) At least 30 days before the effective date of a change, the license holder must notify the commissioner in writing of any change:

 

(1) to the license holder's controlling individual as defined in section 245A.02, subdivision 5a;

 

(2) to license holder information on file with the secretary of state;

 

(3) in the location of the program or service licensed under this chapter; and

 

(4) in the federal or state tax identification number associated with the license holder.

 

(c) When a license holder notifies the commissioner of a change to the business structure governing the licensed program or services but is not selling the business, the license holder must provide amended articles of incorporation and other documentation of the change and any other information requested by the commissioner.

 

EFFECTIVE DATE.  This section is effective August 1, 2018.

 

Sec. 4.  [245A.043] LICENSE APPLICATION AFTER CHANGE OF OWNERSHIP.

 

Subdivision 1.  Transfer prohibited.  A license issued under this chapter is only valid for a premises and individual, organization, or government entity identified by the commissioner on the license.  A license is not transferable or assignable.

 

Subd. 2.  Change of ownership.  If the commissioner determines that there will be a change of ownership, the commissioner shall require submission of a new license application.  A change of ownership occurs when:

 

(1) the license holder sells or transfers 100 percent of the property, stock, or assets;

 

(2) the license holder merges with another organization;

 

(3) the license holder consolidates with two or more organizations, resulting in the creation of a new organization;

 

(4) there is a change in the federal tax identification number associated with the license holder; or

 

(5) there is a turnover of each controlling individual associated with the license within a 12-month period.  A change to the license holder's controlling individuals, including a change due to a transfer of stock, is not a change of ownership if at least one controlling individual who was listed on the license for at least 12 consecutive months continues to be a controlling individual after the reported change.


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Subd. 3.  Change of ownership requirements.  (a) A license holder who intends to change the ownership of the program or service under subdivision 2 to a party that intends to assume operation without an interruption in service longer than 60 days after acquiring the program or service must provide the commissioner with written notice of the proposed sale or change, on a form provided by the commissioner, at least 60 days before the anticipated date of the change in ownership.  For purposes of this subdivision and subdivision 4, "party" means the party that intends to operate the service or program.

 

(b) The party must submit a license application under this chapter on a form and in the manner prescribed by the commissioner at least 30 days before the change of ownership is complete and must include documentation to support the upcoming change.  The form and manner of the application prescribed by the commissioner shall require only information which is specifically required by statute or rule.  The party must comply with background study requirements under chapter 245C and shall pay the application fee required in section 245A.10.  A party that intends to assume operation without an interruption in service longer than 60 days after acquiring the program or service is exempt from the requirements of Minnesota Rules, part 9530.6800.

 

(c) The commissioner may develop streamlined application procedures when the party is an existing license holder under this chapter and is acquiring a program licensed under this chapter or service in the same service class as one or more licensed programs or services the party operates and those licenses are in substantial compliance according to the licensing standards in this chapter and applicable rules.  For purposes of this subdivision, "substantial compliance" means within the past 12 months the commissioner did not:  (i) issue a sanction under section 245A.07 against a license held by the party or (ii) make a license held by the party conditional according to section 245A.06.

 

(d) Except when a temporary change of ownership license is issued pursuant to subdivision 4, the existing license holder is solely responsible for operating the program according to applicable rules and statutes until a license under this chapter is issued to the party.

 

(e) If a licensing inspection of the program or service was conducted within the previous 12 months and the existing license holder's license record demonstrates substantial compliance with the applicable licensing requirements, the commissioner may waive the party's inspection required by section 245A.04, subdivision 4.  The party must submit to the commissioner proof that the premises was inspected by a fire marshal or that the fire marshal deemed that an inspection was not warranted and proof that the premises was inspected for compliance with the building code or that no inspection was deemed warranted.

 

(f) If the party is seeking a license for a program or service that has an outstanding correction order, the party must submit a letter with the license application identifying how and within what length of time the party shall resolve the outstanding correction order and come into full compliance with the licensing requirements.

 

(g) Any action taken under section 245A.06 or 245A.07 against the existing license holder's license at the time the party is applying for a license, including when the existing license holder is operating under a conditional license or is subject to a revocation, shall remain in effect until the commissioner determines that the grounds for the action are corrected or no longer exist.

 

(h) The commissioner shall evaluate the application of the party according to section 245A.04, subdivision 6.  Pursuant to section 245A.04, subdivision 7, if the commissioner determines that the party complies with applicable laws and rules, the commissioner may issue a license or a temporary change of ownership license.

 

(i) The commissioner may deny an application as provided in section 245A.05.  An applicant whose application was denied by the commissioner may appeal the denial according to section 245A.05.


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(j) This subdivision does not apply to a licensed program or service located in a home where the license holder resides.

 

Subd. 4.  Temporary change of ownership license.  (a) After receiving the party's application and upon the written request of the existing license holder and the party, the commissioner may issue a temporary change of ownership license to the party while the commissioner evaluates the party's application.  Until a decision is made to grant or deny a license under this chapter, the existing license holder and the party shall both be responsible for operating the program or service according to applicable laws and rules, and the sale or transfer of the license holder's ownership interest in the licensed program or service does not terminate the existing license.

 

(b) The commissioner may establish criteria to issue a temporary change of ownership license, if a license holder's death, divorce, or other event affects the ownership of the program, when an applicant seeks to assume operation of the program or service to ensure continuity of the program or service while a license application is evaluated.  This subdivision applies to any program or service licensed under this chapter.

 

EFFECTIVE DATE.  This section is effective August 1, 2018.

 

Sec. 5.  Minnesota Statutes 2016, section 245C.22, subdivision 4, is amended to read:

 

Subd. 4.  Risk of harm; set aside.  (a) The commissioner may set aside the disqualification if the commissioner finds that the individual has submitted sufficient information to demonstrate that the individual does not pose a risk of harm to any person served by the applicant, license holder, or other entities as provided in this chapter.

 

(b) In determining whether the individual has met the burden of proof by demonstrating the individual does not pose a risk of harm, the commissioner shall consider:

 

(1) the nature, severity, and consequences of the event or events that led to the disqualification;

 

(2) whether there is more than one disqualifying event;

 

(3) the age and vulnerability of the victim at the time of the event;

 

(4) the harm suffered by the victim;

 

(5) vulnerability of persons served by the program;

 

(6) the similarity between the victim and persons served by the program;

 

(7) the time elapsed without a repeat of the same or similar event;

 

(8) documentation of successful completion by the individual studied of training or rehabilitation pertinent to the event; and

 

(9) any other information relevant to reconsideration.

 

(c) If the individual requested reconsideration on the basis that the information relied upon to disqualify the individual was incorrect or inaccurate and the commissioner determines that the information relied upon to disqualify the individual is correct, the commissioner must also determine if the individual poses a risk of harm to persons receiving services in accordance with paragraph (b).


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(d) For an individual in the chemical dependency field, the commissioner must set aside the disqualification if the following criteria are met:

 

(1) the individual submits sufficient documentation to demonstrate that the individual is a nonviolent controlled substance offender under section 244.0513, subdivision 2, clauses (1), (2), and (6);

 

(2) the individual is disqualified exclusively for one or more offenses listed under section 152.021, subdivision 2 or 2a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024; or 152.025;

 

(3) the individual provided documentation of successful completion of treatment, at least one year prior to the date of the request for reconsideration, at a program licensed under chapter 245G;

 

(4) the individual provided documentation demonstrating abstinence from controlled substances, as defined in section 152.01, subdivision 4, for the period one year prior to the date of the request for reconsideration; and

 

(5) the individual is seeking employment in the chemical dependency field.

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 245C.22, subdivision 5, is amended to read:

 

Subd. 5.  Scope of set-aside.  (a) If the commissioner sets aside a disqualification under this section, the disqualified individual remains disqualified, but may hold a license and have direct contact with or access to persons receiving services.  Except as provided in paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the licensed program, applicant, or agency specified in the set aside notice under section 245C.23.  For personal care provider organizations, the commissioner's set-aside may further be limited to a specific individual who is receiving services.  For new background studies required under section 245C.04, subdivision 1, paragraph (h), if an individual's disqualification was previously set aside for the license holder's program and the new background study results in no new information that indicates the individual may pose a risk of harm to persons receiving services from the license holder, the previous set-aside shall remain in effect.

 

(b) If the commissioner has previously set aside an individual's disqualification for one or more programs or agencies, and the individual is the subject of a subsequent background study for a different program or agency, the commissioner shall determine whether the disqualification is set aside for the program or agency that initiated the subsequent background study.  A notice of a set-aside under paragraph (c) shall be issued within 15 working days if all of the following criteria are met:

 

(1) the subsequent background study was initiated in connection with a program licensed or regulated under the same provisions of law and rule for at least one program for which the individual's disqualification was previously set aside by the commissioner;

 

(2) the individual is not disqualified for an offense specified in section 245C.15, subdivision 1 or 2;

 

(3) the individual is not disqualified for an offense specified in section 245C.15, subdivision 2, unless the individual is employed in the chemical dependency field;

 

(4) the commissioner has received no new information to indicate that the individual may pose a risk of harm to any person served by the program; and

 

(4) (5) the previous set-aside was not limited to a specific person receiving services.


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(c) When a disqualification is set aside under paragraph (b), the notice of background study results issued under section 245C.17, in addition to the requirements under section 245C.17, shall state that the disqualification is set aside for the program or agency that initiated the subsequent background study.  The notice must inform the individual that the individual may request reconsideration of the disqualification under section 245C.21 on the basis that the information used to disqualify the individual is incorrect.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 245G.03, subdivision 1, is amended to read:

 

Subdivision 1.  License requirements.  (a) An applicant for a license to provide substance use disorder treatment must comply with the general requirements in chapters 245A and 245C, sections 626.556 and 626.557, and Minnesota Rules, chapter 9544.

 

(b) The assessment of need process under Minnesota Rules, parts 9530.6800 and 9530.6810, is not applicable to programs licensed under this chapter.  However, the commissioner may deny issuance of a license to an applicant if the commissioner determines that the services currently available in the local area are sufficient to meet local need and the addition of new services would be detrimental to individuals seeking these services.

 

(c) The commissioner may grant variances to the requirements in this chapter that do not affect the client's health or safety if the conditions in section 245A.04, subdivision 9, are met.

 

Sec. 8.  Minnesota Statutes 2017 Supplement, section 254A.03, subdivision 3, is amended to read:

 

Subd. 3.  Rules for substance use disorder care.  (a) The commissioner of human services shall establish by rule criteria to be used in determining the appropriate level of chemical dependency care for each recipient of public assistance seeking treatment for substance misuse or substance use disorder.  Upon federal approval of a comprehensive assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of comprehensive assessments under section 254B.05 may determine and approve the appropriate level of substance use disorder treatment for a recipient of public assistance.  The process for determining an individual's financial eligibility for the consolidated chemical dependency treatment fund or determining an individual's enrollment in or eligibility for a publicly subsidized health plan is not affected by the individual's choice to access a comprehensive assessment for placement.

 

(b) The commissioner shall develop and implement a utilization review process for publicly funded treatment placements to monitor and review the clinical appropriateness and timeliness of all publicly funded placements in treatment.

 

(c) A structured assessment for alcohol or substance use disorder that is provided to a recipient of public assistance by a primary care clinic, hospital, or other medical setting establishes medical necessity and approval for an initial set of substance use disorder services identified in section 254B.05, subdivision 5, when the screen result is positive for alcohol or substance misuse.  The initial set of services approved for a recipient whose screen result is positive shall include four hours of individual or group substance use disorder treatment, two hours of substance use disorder care coordination, and two hours of substance use disorder peer support services.  A recipient must obtain an assessment pursuant to paragraph (a) to be approved for additional treatment services.

 

EFFECTIVE DATE.  This section is effective July 1, 2018, contingent on federal approval.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained or denied.

 

Sec. 9.  Minnesota Statutes 2016, section 254B.02, subdivision 1, is amended to read:

 

Subdivision 1.  Chemical dependency treatment allocation.  The chemical dependency treatment appropriation shall be placed in a special revenue account.  The commissioner shall annually transfer funds from the chemical dependency fund to pay for operation of the drug and alcohol abuse normative evaluation system and to


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pay for all costs incurred by adding two positions for licensing of chemical dependency treatment and rehabilitation programs located in hospitals for which funds are not otherwise appropriated.  The remainder of the money in the special revenue account must be used according to the requirements in this chapter.

 

Sec. 10.  Minnesota Statutes 2017 Supplement, section 254B.03, subdivision 2, is amended to read:

 

Subd. 2.  Chemical dependency fund payment.  (a) Payment from the chemical dependency fund is limited to payments for services other than detoxification licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, that, if located outside of federally recognized tribal lands, would be required to be licensed by the commissioner as a chemical dependency treatment or rehabilitation program under sections 245A.01 to 245A.16, and services other than detoxification provided in another state that would be required to be licensed as a chemical dependency program if the program were in the state.  Out of state vendors must also provide the commissioner with assurances that the program complies substantially with state licensing requirements and possesses all licenses and certifications required by the host state to provide chemical dependency treatment.  Vendors receiving payments from the chemical dependency fund must not require co-payment from a recipient of benefits for services provided under this subdivision.  The vendor is prohibited from using the client's public benefits to offset the cost of services paid under this section.  The vendor shall not require the client to use public benefits for room or board costs.  This includes but is not limited to cash assistance benefits under chapters 119B, 256D, and 256J, or SNAP benefits.  Retention of SNAP benefits is a right of a client receiving services through the consolidated chemical dependency treatment fund or through state contracted managed care entities.  Payment from the chemical dependency fund shall be made for necessary room and board costs provided by vendors certified according to section 254B.05, or in a community hospital licensed by the commissioner of health according to sections 144.50 to 144.56 to a client who is:

 

(1) determined to meet the criteria for placement in a residential chemical dependency treatment program according to rules adopted under section 254A.03, subdivision 3; and

 

(2) concurrently receiving a chemical dependency treatment service in a program licensed by the commissioner and reimbursed by the chemical dependency fund.

 

(b) A county may, from its own resources, provide chemical dependency services for which state payments are not made.  A county may elect to use the same invoice procedures and obtain the same state payment services as are used for chemical dependency services for which state payments are made under this section if county payments are made to the state in advance of state payments to vendors.  When a county uses the state system for payment, the commissioner shall make monthly billings to the county using the most recent available information to determine the anticipated services for which payments will be made in the coming month.  Adjustment of any overestimate or underestimate based on actual expenditures shall be made by the state agency by adjusting the estimate for any succeeding month.

 

(c) The commissioner shall coordinate chemical dependency services and determine whether there is a need for any proposed expansion of chemical dependency treatment services.  The commissioner shall deny vendor certification to any provider that has not received prior approval from the commissioner for the creation of new programs or the expansion of existing program capacity.  The commissioner shall consider the provider's capacity to obtain clients from outside the state based on plans, agreements, and previous utilization history, when determining the need for new treatment services The commissioner may deny vendor certification to a provider if the commissioner determines that the services currently available in the local area are sufficient to meet local need and that the addition of new services would be detrimental to individuals seeking these services.


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Sec. 11.  Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3, is amended to read:

 

Subd. 3.  State agency hearings.  (a) State agency hearings are available for the following:

 

(1) any person applying for, receiving or having received public assistance, medical care, or a program of social services granted by the state agency or a county agency or the federal Food Stamp Act whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid;

 

(2) any patient or relative aggrieved by an order of the commissioner under section 252.27;

 

(3) a party aggrieved by a ruling of a prepaid health plan;

 

(4) except as provided under chapter 245C, any individual or facility determined by a lead investigative agency to have maltreated a vulnerable adult under section 626.557 after they have exercised their right to administrative reconsideration under section 626.557;

 

(5) any person whose claim for foster care payment according to a placement of the child resulting from a child protection assessment under section 626.556 is denied or not acted upon with reasonable promptness, regardless of funding source;

 

(6) any person to whom a right of appeal according to this section is given by other provision of law;

 

(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver under section 256B.15;

 

(8) an applicant aggrieved by an adverse decision to an application or redetermination for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

 

(9) except as provided under chapter 245A, an individual or facility determined to have maltreated a minor under section 626.556, after the individual or facility has exercised the right to administrative reconsideration under section 626.556;

 

(10) except as provided under chapter 245C, an individual disqualified under sections 245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, on the basis of serious or recurring maltreatment; a preponderance of the evidence that the individual has committed an act or acts that meet the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 626.556, subdivision 3, or 626.557, subdivision 3.  Hearings regarding a maltreatment determination under clause (4) or (9) and a disqualification under this clause in which the basis for a disqualification is serious or recurring maltreatment, shall be consolidated into a single fair hearing.  In such cases, the scope of review by the human services judge shall include both the maltreatment determination and the disqualification.  The failure to exercise the right to an administrative reconsideration shall not be a bar to a hearing under this section if federal law provides an individual the right to a hearing to dispute a finding of maltreatment;

 

(11) any person with an outstanding debt resulting from receipt of public assistance, medical care, or the federal Food Stamp Act who is contesting a setoff claim by the Department of Human Services or a county agency.  The scope of the appeal is the validity of the claimant agency's intention to request a setoff of a refund under chapter 270A against the debt;

 

(12) a person issued a notice of service termination under section 245D.10, subdivision 3a, from residential supports and services as defined in section 245D.03, subdivision 1, paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;


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(13) an individual disability waiver recipient based on a denial of a request for a rate exception under section 256B.4914; or

 

(14) a person issued a notice of service termination under section 245A.11, subdivision 11, that is not otherwise subject to appeal under subdivision 4a.; or

 

(15) a county disputes cost of care under section 246.54 based on administrative or other delay of a client's discharge from a state-operated facility after notification to a county that the client no longer meets medical criteria for the state-operated facility, when the county has developed a viable discharge plan.

 

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10), is the only administrative appeal to the final agency determination specifically, including a challenge to the accuracy and completeness of data under section 13.04.  Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or after October 1, 1995.  Hearings requested by nursing assistants in nursing homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a contested case proceeding under the provisions of chapter 14.  Hearings requested under paragraph (a), clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997.  A hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only available when there is no district court action pending.  If such action is filed in district court while an administrative review is pending that arises out of some or all of the events or circumstances on which the appeal is based, the administrative review must be suspended until the judicial actions are completed.  If the district court proceedings are completed, dismissed, or overturned, the matter may be considered in an administrative hearing.

 

(c) For purposes of this section, bargaining unit grievance procedures are not an administrative appeal.

 

(d) The scope of hearings involving claims to foster care payments under paragraph (a), clause (5), shall be limited to the issue of whether the county is legally responsible for a child's placement under court order or voluntary placement agreement and, if so, the correct amount of foster care payment to be made on the child's behalf and shall not include review of the propriety of the county's child protection determination or child placement decision.

 

(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to whether the proposed termination of services is authorized under section 245D.10, subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, paragraphs (d) to (f), were met.  If the appeal includes a request for a temporary stay of termination of services, the scope of the hearing shall also include whether the case management provider has finalized arrangements for a residential facility, a program, or services that will meet the assessed needs of the recipient by the effective date of the service termination.

 

(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services is not a party and may not request a hearing under this section, except if assisting a recipient as provided in subdivision 4.

 

(g) An applicant or recipient is not entitled to receive social services beyond the services prescribed under chapter 256M or other social services the person is eligible for under state law.

 

(h) The commissioner may summarily affirm the county or state agency's proposed action without a hearing when the sole issue is an automatic change due to a change in state or federal law.


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(i) Unless federal or Minnesota law specifies a different time frame in which to file an appeal, an individual or organization specified in this section may contest the specified action, decision, or final disposition before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action, decision, or final disposition, or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 13, why the request was not submitted within the 30-day time limit.  The individual filing the appeal has the burden of proving good cause by a preponderance of the evidence.

 

Sec. 12.  Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 56a, is amended to read:

 

Subd. 56a.  Post-arrest Officer-involved community-based service care coordination.  (a) Medical assistance covers post-arrest officer-involved community-based service care coordination for an individual who:

 

(1) has been identified as having screened positive for benefiting from treatment for a mental illness or substance use disorder using a screening tool approved by the commissioner;

 

(2) does not require the security of a public detention facility and is not considered an inmate of a public institution as defined in Code of Federal Regulations, title 42, section 435.1010;

 

(3) meets the eligibility requirements in section 256B.056; and

 

(4) has agreed to participate in post-arrest officer-involved community-based service care coordination through a diversion contract in lieu of incarceration.

 

(b) Post-arrest Officer-involved community-based service care coordination means navigating services to address a client's mental health, chemical health, social, economic, and housing needs, or any other activity targeted at reducing the incidence of jail utilization and connecting individuals with existing covered services available to them, including, but not limited to, targeted case management, waiver case management, or care coordination.

 

(c) Post-arrest Officer-involved community-based service care coordination must be provided by an individual who is an employee of a county or is under contract with a county, or is an employee of or under contract with an Indian health service facility or facility owned and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638 facility to provide post-arrest officer-involved community-based care coordination and is qualified under one of the following criteria:

 

(1) a licensed mental health professional as defined in section 245.462, subdivision 18, clauses (1) to (6);

 

(2) a mental health practitioner as defined in section 245.462, subdivision 17, working under the clinical supervision of a mental health professional; or

 

(3) a certified peer specialist under section 256B.0615, working under the clinical supervision of a mental health professional;

 

(4) an individual qualified as an alcohol and drug counselor under section 254G.11, subdivision 5; or

 

(5) a recovery peer qualified under section 245G.11, subdivision 8, working under the supervision of an individual qualified as an alcohol and drug counselor under section 245G.11, subdivision 5.

 

(d) Reimbursement is allowed for up to 60 days following the initial determination of eligibility.


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(e) Providers of post-arrest officer-involved community-based service care coordination shall annually report to the commissioner on the number of individuals served, and number of the community-based services that were accessed by recipients.  The commissioner shall ensure that services and payments provided under post-arrest officer-involved community-based service care coordination do not duplicate services or payments provided under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.

 

(f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for post-arrest community‑based service coordination services shall be provided by the county providing the services, from sources other than federal funds or funds used to match other federal funds.

 

EFFECTIVE DATE.  Paragraphs (a) to (e) are effective retroactively from March 1, 2018.

 

Sec. 13.  Minnesota Statutes 2016, section 641.15, subdivision 3a, is amended to read:

 

Subd. 3a.  Intake procedure; approved mental health screening.  As part of its intake procedure for new prisoners inmates, the sheriff or local corrections shall use a mental health screening tool approved by the commissioner of corrections in consultation with the commissioner of human services and local corrections staff to identify persons who may have mental illness.  Names of persons who have screened positive or may have a mental illness may be shared with the local county social services agency.  The jail may refer an offender to county personnel of the welfare system, as defined in section 13.46, subdivision 1, paragraph (c), in order to arrange for services upon discharge and may share private data as necessary to carry out the following:

 

(1) providing assistance in filling out an application for medical assistance or MinnesotaCare;

 

(2) making a referral for case management as outlined under section 245.467, subdivision 4;

 

(3) providing assistance in obtaining a state photo identification;

 

(4) securing a timely appointment with a psychiatrist or other appropriate community mental health provider;

 

(5) providing prescriptions for a 30-day supply of all necessary medications; or

 

(6) behavioral health service coordination.

 

Sec. 14.  Laws 2017, First Special Session chapter 6, article 8, section 71, the effective date, is amended to read:

 

EFFECTIVE DATE.  This section is effective for services provided on July 1, 2017, through April 30, 2019, and expires May 1, 2019 June 30, 2019, and expires July 1, 2019.

 

Sec. 15.  Laws 2017, First Special Session chapter 6, article 8, section 72, the effective date, is amended to read:

 

EFFECTIVE DATE.  This section is effective for services provided on July 1, 2017, through April 30, 2019, and expires May 1, 2019 June 30, 2019, and expires July 1, 2019.

 

Sec. 16.  Laws 2017, First Special Session chapter 6, article 8, section 74, is amended to read:

 

Sec. 74.  CHILDREN'S MENTAL HEALTH REPORT AND RECOMMENDATIONS.

 

The commissioner of human services shall conduct a comprehensive analysis of Minnesota's continuum of intensive mental health services and shall develop recommendations for a sustainable and community-driven continuum of care for children with serious mental health needs, including children currently being served in residential treatment.  The commissioner's analysis shall include, but not be limited to:


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(1) data related to access, utilization, efficacy, and outcomes for Minnesota's current system of residential mental health treatment for a child with a severe emotional disturbance;

 

(2) potential expansion of the state's psychiatric residential treatment facility (PRTF) capacity, including increasing the number of PRTF beds and conversion of existing children's mental health residential treatment programs into PRTFs;

 

(3) the capacity need for PRTF and other group settings within the state if adequate community-based alternatives are accessible, equitable, and effective statewide;

 

(4) recommendations for expanding alternative community-based service models to meet the needs of a child with a serious mental health disorder who would otherwise require residential treatment and potential service models that could be utilized, including data related to access, utilization, efficacy, and outcomes;

 

(5) models of care used in other states; and

 

(6) analysis and specific recommendations for the design and implementation of new service models, including analysis to inform rate setting as necessary.

 

The analysis shall be supported and informed by extensive stakeholder engagement.  Stakeholders include individuals who receive services, family members of individuals who receive services, providers, counties, health plans, advocates, and others.  Stakeholder engagement shall include interviews with key stakeholders, intentional outreach to individuals who receive services and the individual's family members, and regional listening sessions.

 

The commissioner shall provide a report with specific recommendations and timelines for implementation to the legislative committees with jurisdiction over children's mental health policy and finance by November 15, 2018 January 15, 2019.

 

ARTICLE 4

OPIOIDS AND PRESCRIPTION DRUGS

 

Section 1.  [62Q.184] STEP THERAPY OVERRIDE.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the terms in this subdivision have the meanings given them.

 

(b) "Clinical practice guideline" means a systematically developed statement to assist health care providers and enrollees in making decisions about appropriate health care services for specific clinical circumstances and conditions developed independently of a health plan company, pharmaceutical manufacturer, or any entity with a conflict of interest.

 

(c) "Clinical review criteria" means the written screening procedures, decision abstracts, clinical protocols, and clinical practice guidelines used by a health plan company to determine the medical necessity and appropriateness of health care services.

 

(d) "Health plan company" has the meaning given in section 62Q.01, subdivision 4, but does not include a managed care organization or county-based purchasing plan participating in a public program under chapters 256B or 256L, or an integrated health partnership under section 256B.0755.


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(e) "Step therapy protocol" means a protocol or program that establishes the specific sequence in which prescription drugs for a specified medical condition, including self-administered and physician-administered drugs, are medically appropriate for a particular enrollee and are covered under a health plan.

 

(f) "Step therapy override" means that the step therapy protocol is overridden in favor of coverage of the selected prescription drug of the prescribing health care provider because at least one of the conditions of subdivision 3, paragraph (a), exists.

 

Subd. 2.  Establishment of a step therapy protocol.  A health plan company shall consider available recognized evidence-based and peer-reviewed clinical practice guidelines when establishing a step therapy protocol.  Upon written request of an enrollee, a health plan company shall provide any clinical review criteria applicable to a specific prescription drug covered by the health plan.

 

Subd. 3.  Step therapy override process; transparency.  (a) When coverage of a prescription drug for the treatment of a medical condition is restricted for use by a health plan company through the use of a step therapy protocol, enrollees and prescribing health care providers shall have access to a clear, readily accessible, and convenient process to request a step therapy override.  The process shall be made easily accessible on the health plan company's Web site.  A health plan company may use its existing medical exceptions process to satisfy this requirement.  A health plan company shall grant an override to the step therapy protocol if at least one of the following conditions exist:

 

(1) the prescription drug required under the step therapy protocol is contraindicated pursuant to the pharmaceutical manufacturer's prescribing information for the drug or, due to a documented adverse event with a previous use or a documented medical condition, including a comorbid condition, is likely to do any of the following:

 

(i) cause an adverse reaction to the enrollee;

 

(ii) decrease the ability of the enrollee to achieve or maintain reasonable functional ability in performing daily activities; or

 

(iii) cause physical or mental harm to the enrollee;

 

(2) the enrollee has had a trial of the required prescription drug covered by their current or previous health plan, or another prescription drug in the same pharmacologic class or with the same mechanism of action, and was adherent during such trial for a period of time sufficient to allow for a positive treatment outcome, and the prescription drug was discontinued by the enrollee's health care provider due to lack of effectiveness, or an adverse event.  This clause does not prohibit a health plan company from requiring an enrollee to try another drug in the same pharmacologic class or with the same mechanism of action if that therapy sequence is supported by the evidence-based and peer-reviewed clinical practice guideline, Food and Drug Administration label, or pharmaceutical manufacturer's prescribing information; or

 

(3) the enrollee is currently receiving a positive therapeutic outcome on a prescription drug for the medical condition under consideration if, while on their current health plan or the immediately preceding health plan, the enrollee received coverage for the prescription drug and the enrollee's prescribing health care provider gives documentation to the health plan company that the change in prescription drug required by the step therapy protocol is expected to be ineffective or cause harm to the enrollee based on the known characteristics of the specific enrollee and the known characteristics of the required prescription drug.

 

(b) Upon granting a step therapy override, a health plan company shall authorize coverage for the prescription drug if the prescription drug is a covered prescription drug under the enrollee's health plan.


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(c) The enrollee, or the prescribing health care provider if designated by the enrollee, may appeal the denial of a step therapy override by a health plan company using the complaint procedure under sections 62Q.68 to 62Q.73.

 

(d) In a denial of an override request and any subsequent appeal, a health plan company's decision must specifically state why the step therapy override request did not meet the condition under paragraph (a) cited by the prescribing health care provider in requesting the step therapy override and information regarding the procedure to request external review of the denial pursuant to section 62Q.73.  A denial of a request for a step therapy override that is upheld on appeal is a final adverse determination for purposes of section 62Q.73 and is eligible for a request for external review by an enrollee pursuant to section 62Q.73.

 

(e) A health plan company shall respond to a step therapy override request or an appeal within five days of receipt of a complete request.  In cases where exigent circumstances exist, a health plan company shall respond within 72 hours of receipt of a complete request.  If a health plan company does not send a response to the enrollee or prescribing health care provider if designated by the enrollee within the time allotted, the override request or appeal is granted and binding on the health plan company.

 

(f) Step therapy override requests must be accessible to and submitted by health care providers, and accepted by group purchasers electronically through secure electronic transmission, as described under section 62J.497, subdivision 5.

 

(g) Nothing in this section prohibits a health plan company from:

 

(1) requesting relevant documentation from an enrollee's medical record in support of a step therapy override request; or

 

(2) requiring an enrollee to try a generic equivalent drug pursuant to section 151.21, or a biosimilar, as defined under United States Code, title 42, section 262(i)(2), prior to providing coverage for the equivalent branded prescription drug.

 

(h) This section shall not be construed to allow the use of a pharmaceutical sample for the primary purpose of meeting the requirements for a step therapy override.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to health plans offered, issued, or sold on or after that date.

 

Sec. 2.  Minnesota Statutes 2016, section 151.214, subdivision 2, is amended to read:

 

Subd. 2.  No prohibition on disclosure.  No contracting agreement between an employer-sponsored health plan or health plan company, or its contracted pharmacy benefit manager, and a resident or nonresident pharmacy registered licensed under this chapter, may prohibit the:

 

(1) a pharmacy from disclosing to patients information a pharmacy is required or given the option to provide under subdivision 1; or

 

(2) a pharmacist from informing a patient when the amount the patient is required to pay under the patient's health plan for a particular drug is greater than the amount the patient would be required to pay for the same drug if purchased out-of-pocket at the pharmacy's usual and customary price.


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Sec. 3.  [151.555] PRESCRIPTION DRUG REPOSITORY PROGRAM.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the terms defined in this subdivision have the meanings given.

 

(b) "Central repository" means a wholesale distributor that meets the requirements under subdivision 3 and enters into a contract with the Board of Pharmacy in accordance with this section.

 

(c) "Distribute" means to deliver, other than by administering or dispensing.

 

(d) "Donor" means:

 

(1) a health care facility as defined in this subdivision;

 

(2) a skilled nursing facility licensed under chapter 144A;

 

(3) an assisted living facility registered under chapter 144D where there is centralized storage of drugs and 24‑hour on-site licensed nursing coverage provided seven days a week;

 

(4) a pharmacy licensed under section 151.19, and located either in the state or outside the state;

 

(5) a drug wholesaler licensed under section 151.47; or

 

(6) a drug manufacturer licensed under section 151.252.

 

(e) "Drug" means any prescription drug that has been approved for medical use in the United States, is listed in the United States Pharmacopoeia or National Formulary, and meets the criteria established under this section for donation.  This definition includes cancer drugs and antirejection drugs, but does not include controlled substances, as defined in section 152.01, subdivision 4, or a prescription drug that can only be dispensed to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements.

 

(f) "Health care facility" means:

 

(1) a physician's office or health care clinic where licensed practitioners provide health care to patients;

 

(2) a hospital licensed under section 144.50;

 

(3) a pharmacy licensed under section 151.19 and located in Minnesota; or

 

(4) a nonprofit community clinic, including a federally qualified health center; a rural health clinic; public health clinic; or other community clinic that provides health care utilizing a sliding fee scale to patients who are low‑income, uninsured, or underinsured.

 

(g) "Local repository" means a health care facility that elects to accept donated drugs and medical supplies and meets the requirements of subdivision 4.

 

(h) "Medical supplies" or "supplies" means any prescription and nonprescription medical supply needed to administer a prescription drug.


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(i) "Original, sealed, unopened, tamper-evident packaging" means packaging that is sealed, unopened, and tamper-evident, including a manufacturer's original unit dose or unit-of-use container, a repackager's original unit dose or unit-of-use container, or unit-dose packaging prepared by a licensed pharmacy according to the standards of Minnesota Rules, part 6800.3750.

 

(j) "Practitioner" has the meaning given in section 151.01, subdivision 23, except that it does not include a veterinarian.

 

Subd. 2.  Establishment.  By January 1, 2019, the Board of Pharmacy shall establish a drug repository program, through which donors may donate a drug or medical supply for use by an individual who meets the eligibility criteria specified under subdivision 5.  The board shall contract with a central repository that meets the requirements of subdivision 3 to implement and administer the prescription drug repository program.

 

Subd. 3.  Central repository requirements.  (a) The board shall publish a request for proposal for participants who meet the requirements of this subdivision and are interested in acting as the central repository for the drug repository program.  The board shall follow all applicable state procurement procedures in the selection process.

 

(b) To be eligible to act as the central repository, the participant must be a wholesale drug distributor located in Minnesota, licensed pursuant to section 151.47, and in compliance with all applicable federal and state statutes, rules, and regulations.

 

(c) The central repository shall be subject to inspection by the board pursuant to section 151.06, subdivision 1.

 

Subd. 4.  Local repository requirements.  (a) To be eligible for participation in the drug repository program, a health care facility must agree to comply with all applicable federal and state laws, rules, and regulations pertaining to the drug repository program, drug storage, and dispensing.  The facility must also agree to maintain in good standing any required state license or registration that may apply to the facility.

 

(b) A local repository may elect to participate in the program by submitting the following information to the central repository on a form developed by the board and made available on the board's Web site:

 

(1) the name, street address, and telephone number of the health care facility and any state-issued license or registration number issued to the facility, including the issuing state agency;

 

(2) the name and telephone number of a responsible pharmacist or practitioner who is employed by or under contract with the health care facility; and

 

(3) a statement signed and dated by the responsible pharmacist or practitioner indicating that the health care facility meets the eligibility requirements under this section and agrees to comply with this section.

 

(c) Participation in the drug repository program is voluntary.  A local repository may withdraw from participation in the drug repository program at any time by providing written notice to the central repository on a form developed by the board and made available on the board's Web site.  The central repository shall provide the board with a copy of the withdrawal notice within ten business days from the date of receipt of the withdrawal notice.

 

Subd. 5.  Individual eligibility and application requirements.  (a) To be eligible for the drug repository program, an individual must submit to a local repository an intake application form that is signed by the individual and attests that the individual:

 

(1) is a resident of Minnesota;


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(2) is uninsured, has no prescription drug coverage, or is underinsured;

 

(3) acknowledges that the drugs or medical supplies to be received through the program may have been donated; and

 

(4) consents to a waiver of the child-resistant packaging requirements of the federal Poison Prevention Packaging Act.

 

(b) Upon determining that an individual is eligible for the program, the local repository shall furnish the individual with an identification card.  The card shall be valid for one year from the date of issuance and may be used at any local repository.  A new identification card may be issued upon expiration once the individual submits a new application form.

 

(c) The local repository shall send a copy of the intake application form to the central repository by regular mail, facsimile, or secured e­mail within ten days from the date the application is approved by the local repository.

 

(d) The board shall develop and make available on the board's Web site an application form and the format for the identification card.

 

Subd. 6.  Standards and procedures for accepting donations of drugs and supplies.  (a) A donor may donate prescription drugs or medical supplies to the central repository or a local repository if the drug or supply meets the requirements of this section as determined by a pharmacist or practitioner who is employed by or under contract with the central repository or a local repository.

 

(b) A prescription drug is eligible for donation under the drug repository program if the following requirements are met:

 

(1) the donation is accompanied by a drug repository donor form described under paragraph (d) that is signed by an individual who is authorized by the donor to attest to the donor's knowledge in accordance with paragraph (d);

 

(2) the drug's expiration date is at least six months after the date the drug was donated.  If a donated drug bears an expiration date that is less than six months from the donation date, the drug may be accepted and distributed if the drug is in high demand and can be dispensed for use by a patient before the drug's expiration date;

 

(3) the drug is in its original, sealed, unopened, tamper-evident packaging that includes the expiration date.  Single-unit-dose drugs may be accepted if the single-unit-dose packaging is unopened;

 

(4) the drug or the packaging does not have any physical signs of tampering, misbranding, deterioration, compromised integrity, or adulteration;

 

(5) the drug does not require storage temperatures other than normal room temperature as specified by the manufacturer or United States Pharmacopoeia, unless the drug is being donated directly by its manufacturer, a wholesale drug distributor, or a pharmacy located in Minnesota; and

 

(6) the prescription drug is not a controlled substance.

 

(c) A medical supply is eligible for donation under the drug repository program if the following requirements are met:

 

(1) the supply has no physical signs of tampering, misbranding, or alteration and there is no reason to believe it has been adulterated, tampered with, or misbranded;

 

(2) the supply is in its original, unopened, sealed packaging;


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(3) the donation is accompanied by a drug repository donor form described under paragraph (d) that is signed by an individual who is authorized by the donor to attest to the donor's knowledge in accordance with paragraph (d); and

 

(4) if the supply bears an expiration date, the date is at least six months later than the date the supply was donated.  If the donated supply bears an expiration date that is less than six months from the date the supply was donated, the supply may be accepted and distributed if the supply is in high demand and can be dispensed for use by a patient before the supply's expiration date.

 

(d) The board shall develop the drug repository donor form and make it available on the board's Web site.  The form must state that to the best of the donor's knowledge the donated drug or supply has been properly stored and that the drug or supply has never been opened, used, tampered with, adulterated, or misbranded.

 

(e) Donated drugs and supplies may be shipped or delivered to the premises of the central repository or a local repository, and shall be inspected by a pharmacist or an authorized practitioner who is employed by or under contract with the repository and who has been designated by the repository to accept donations.  A drop box must not be used to deliver or accept donations.

 

(f) The central repository and local repository shall inventory all drugs and supplies donated to the repository.  For each drug, the inventory must include the drug's name, strength, quantity, manufacturer, expiration date, and the date the drug was donated.  For each medical supply, the inventory must include a description of the supply, its manufacturer, the date the supply was donated, and, if applicable, the supply's brand name and expiration date.

 

Subd. 7.  Standards and procedures for inspecting and storing donated prescription drugs and supplies.  (a) A pharmacist or authorized practitioner who is employed by or under contract with the central repository or a local repository shall inspect all donated prescription drugs and supplies to determine, to the extent reasonably possible in the professional judgment of the pharmacist or practitioner, that the drug or supply is not adulterated or misbranded, has not been tampered with, is safe and suitable for dispensing, and meets the requirements for donation.  The pharmacist or practitioner who inspects the drugs or supplies shall sign an inspection record stating that the requirements for donation have been met.  If a local repository receives drugs and supplies from the central repository, the local repository does not need to reinspect the drugs and supplies.

 

(b) The central repository and local repositories shall store donated drugs and supplies in a secure storage area under environmental conditions appropriate for the drug or supply being stored.  Donated drugs and supplies may not be stored with nondonated inventory.  If donated drugs or supplies are not inspected immediately upon receipt, a repository must quarantine the donated drugs or supplies separately from all dispensing stock until the donated drugs or supplies have been inspected and approved for dispensing under the program.

 

(c) The central repository and local repositories shall dispose of all prescription drugs and medical supplies that are not suitable for donation in compliance with applicable federal and state statutes, regulations, and rules concerning hazardous waste.

 

(d) In the event that controlled substances or prescription drugs that can only be dispensed to a patient registered with the drug's manufacturer are shipped or delivered to a central or local repository for donation, the shipment delivery must be documented by the repository and returned immediately to the donor or the donor's representative that provided the drugs.

 

(e) Each repository must develop drug and medical supply recall policies and procedures.  If a repository receives a recall notification, the repository shall destroy all of the drug or medical supply in its inventory that is the subject of the recall and complete a record of destruction form in accordance with paragraph (f).  If a drug or medical supply that is the subject of a Class I or Class II recall has been dispensed, the repository shall immediately


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notify the recipient of the recalled drug or medical supply.  A drug that potentially is subject to a recall need not be destroyed if its packaging bears a lot number and that lot of the drug is not subject to the recall.  If no lot number is on the drug's packaging, it must be destroyed.

 

(f) A record of destruction of donated drugs and supplies that are not dispensed under subdivision 8, are subject to a recall under paragraph (e), or are not suitable for donation shall be maintained by the repository for at least five years.  For each drug or supply destroyed, the record shall include the following information:

 

(1) the date of destruction;

 

(2) the name, strength, and quantity of the drug destroyed; and

 

(3) the name of the person or firm that destroyed the drug.

 

Subd. 8.  Dispensing requirements.  (a) Donated drugs and supplies may be dispensed if the drugs or supplies are prescribed by a practitioner for use by an eligible individual and are dispensed by a pharmacist or practitioner.  A repository shall dispense drugs and supplies to eligible individuals in the following priority order:  (1) individuals who are uninsured; (2) individuals with no prescription drug coverage; and (3) individuals who are underinsured.  A repository shall dispense donated prescription drugs in compliance with applicable federal and state laws and regulations for dispensing prescription drugs, including all requirements relating to packaging, labeling, record keeping, drug utilization review, and patient counseling.

 

(b) Before dispensing or administering a drug or supply, the pharmacist or practitioner shall visually inspect the drug or supply for adulteration, misbranding, tampering, and date of expiration.  Drugs or supplies that have expired or appear upon visual inspection to be adulterated, misbranded, or tampered with in any way must not be dispensed or administered.

 

(c) Before a drug or supply is dispensed or administered to an individual, the individual must sign a drug repository recipient form acknowledging that the individual understands the information stated on the form.  The board shall develop the form and make it available on the board's Web site.  The form must include the following information:

 

(1) that the drug or supply being dispensed or administered has been donated and may have been previously dispensed;

 

(2) that a visual inspection has been conducted by the pharmacist or practitioner to ensure that the drug or supply has not expired, has not been adulterated or misbranded, and is in its original, unopened packaging; and

 

(3) that the dispensing pharmacist, the dispensing or administering practitioner, the central repository or local repository, the Board of Pharmacy, and any other participant of the drug repository program cannot guarantee the safety of the drug or medical supply being dispensed or administered and that the pharmacist or practitioner has determined that the drug or supply is safe to dispense or administer based on the accuracy of the donor's form submitted with the donated drug or medical supply and the visual inspection required to be performed by the pharmacist or practitioner before dispensing or administering.

 

Subd. 9.  Handling fees.  (a) The central or local repository may charge the individual receiving a drug or supply a handling fee of no more than 250 percent of the medical assistance program dispensing fee for each drug or medical supply dispensed or administered by that repository.


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(b) A repository that dispenses or administers a drug or medical supply through the drug repository program shall not receive reimbursement under the medical assistance program or the MinnesotaCare program for that dispensed or administered drug or supply.

 

Subd. 10.  Distribution of donated drugs and supplies.  (a) The central repository and local repositories may distribute drugs and supplies donated under the drug repository program to other participating repositories for use pursuant to this program.

 

(b) A local repository that elects not to dispense donated drugs or supplies must transfer all donated drugs and supplies to the central repository.  A copy of the donor form that was completed by the original donor under subdivision 6 must be provided to the central repository at the time of transfer.

 

Subd. 11.  Forms and record-keeping requirements.  (a) The following forms developed for the administration of this program shall be utilized by the participants of the program and shall be available on the board's Web site:

 

(1) intake application form described under subdivision 5;

 

(2) local repository participation form described under subdivision 4;

 

(3) local repository withdrawal form described under subdivision 4;

 

(4) drug repository donor form described under subdivision 6;

 

(5) record of destruction form described under subdivision 7; and

 

(6) drug repository recipient form described under subdivision 8.

 

(b) All records, including drug inventory, inspection, and disposal of donated prescription drugs and medical supplies must be maintained by a repository for a minimum of five years.  Records required as part of this program must be maintained pursuant to all applicable practice acts.

 

(c) Data collected by the drug repository program from all local repositories shall be submitted quarterly or upon request to the central repository.  Data collected may consist of the information, records, and forms required to be collected under this section.

 

(d) The central repository shall submit reports to the board as required by the contract or upon request of the board.

 

Subd. 12.  Liability.  (a) The manufacturer of a drug or supply is not subject to criminal or civil liability for injury, death, or loss to a person or to property for causes of action described in clauses (1) and (2).  A manufacturer is not liable for:

 

(1) the intentional or unintentional alteration of the drug or supply by a party not under the control of the manufacturer; or

 

(2) the failure of a party not under the control of the manufacturer to transfer or communicate product or consumer information or the expiration date of the donated drug or supply.


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(b) A health care facility participating in the program, a pharmacist dispensing a drug or supply pursuant to the program, a practitioner dispensing or administering a drug or supply pursuant to the program, or a donor of a drug or medical supply is immune from civil liability for an act or omission that causes injury to or the death of an individual to whom the drug or supply is dispensed and no disciplinary action by a health-related licensing board shall be taken against a pharmacist or practitioner so long as the drug or supply is donated, accepted, distributed, and dispensed according to the requirements of this section.  This immunity does not apply if the act or omission involves reckless, wanton, or intentional misconduct, or malpractice unrelated to the quality of the drug or medical supply.

 

Sec. 4.  Minnesota Statutes 2016, section 151.71, is amended by adding a subdivision to read:

 

Subd. 3.  Lowest cost to consumers.  (a) A health plan company or pharmacy benefits manager shall not require an individual to make a payment at the point of sale for a covered prescription medication in an amount greater than the allowable cost to consumers, as defined in paragraph (b).

 

(b) For purposes of paragraph (a), "allowable cost to consumers" means the lowest of:  (1) the applicable co‑payment for the prescription medication; or (2) the amount an individual would pay for the prescription medication if the individual purchased the prescription medication without using a health plan benefit.

 

Sec. 5.  Minnesota Statutes 2017 Supplement, section 152.105, subdivision 2, is amended to read:

 

Subd. 2.  Sheriff to maintain collection receptacle.  The sheriff of each county shall maintain or contract for the maintenance of at least one collection receptacle for the disposal of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs, as permitted by federal law.  For purposes of this section, "legend drug" has the meaning given in section 151.01, subdivision 17.  The collection receptacle must comply with federal law.  In maintaining and operating the collection receptacle, the sheriff shall follow all applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended through May 1, 2017.  The sheriff of each county may meet the requirements of this subdivision though the use of an alternative method for the disposal of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs that has been approved by the Board of Pharmacy.  This may include making available to the public, without charge, at-home prescription drug deactivation and disposal products that render drugs and medications inert and irretrievable.

 

Sec. 6.  Minnesota Statutes 2016, section 152.11, is amended by adding a subdivision to read:

 

Subd. 5.  Limitations on the dispensing of opioid prescription drug orders.  (a) No prescription drug order for an opioid drug listed in Schedule II may be dispensed by a pharmacist or other dispenser more than 30 days after the date on which the prescription drug order was issued.

 

(b) No prescription drug order for an opioid drug listed in Schedules III through V may be initially dispensed by a pharmacist or other dispenser more than 30 days after the date on which the prescription drug order was issued.  No prescription drug order for an opioid drug listed in Schedules III through V may be refilled by a pharmacist or other dispenser more than 45 days after the previous date on which it was dispensed.

 

(c) For purposes of this section, "dispenser" has the meaning given in section 152.126, subdivision 1.

 

Sec. 7.  STUDENT HEALTH INITIATIVE TO LIMIT OPIOID HARM.

 

Subdivision 1.  Grant awards.  The commissioner of human services, in consultation with the commissioner of education, the Board of Trustees of the Minnesota State Colleges and Universities, the Board of Directors of the Minnesota Private College Council, and the regents of the University of Minnesota, shall develop and administer a program to award grants to secondary school students in grades 7 through 12 and undergraduate students attending a


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Minnesota postsecondary educational institution, and their community partner or partners, to conduct opioid awareness and opioid abuse prevention activities.  If a grant proposal includes more than one community partner, the proposal must designate a primary community partner.  Grant applications must be submitted by the primary community partner and any grant award must be managed by the primary community partner on behalf of secondary school and undergraduate student applicants and grantees.  Grants shall be awarded for a fiscal year and are onetime.

 

Subd. 2.  Grant criteria.  (a) Grant dollars may be used for opioid awareness campaigns and events, education related to opioid addiction and abuse prevention, initiatives to limit inappropriate opioid prescriptions, peer education programs targeted to students at high risk of opioid addiction and abuse, and other related initiatives as approved by the commissioner.  Grant projects must include one or more of the following components as they relate to opioid abuse and prevention and the role of the community partner:  high-risk populations, law enforcement, education, clinical services, or social services.

 

(b) The commissioner of human services shall seek to provide grant funding for at least one proposal that addresses opioid abuse in the American Indian community.

 

Subd. 3.  Community partners.  For purposes of the grant program, community partners may include but are not limited to public health agencies; local law enforcement; community health centers; medical clinics; emergency medical service professionals; schools and postsecondary educational institutions; opioid addiction, advocacy, and recovery organizations; tribal governments; local chambers of commerce; and city councils and county boards.

 

Subd. 4.  Report.  The commissioner of human services shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance, K-12 education policy and finance, and higher education policy and finance by September 1, 2019, on the implementation of the grant program and the grants awarded under this section.

 

Subd. 5.  Federal grants.  (a) The commissioner of human services shall apply for any federal grant funding that aligns with the purposes of this section.  The commissioner shall submit to the legislature any changes to the program established under this section that are necessary to comply with the terms of the federal grant.

 

(b) The commissioner shall notify the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance, K-12 education policy and finance, and higher education policy and finance of any grant applications submitted and any federal actions taken related to the grant applications.

 

Sec. 8.  OPIOID OVERDOSE REDUCTION PILOT PROGRAM.

 

Subdivision 1.  Establishment.  The commissioner of health shall provide grants to ambulance services to fund activities by community paramedic teams to reduce opioid overdoses in the state.  Under this pilot program, ambulance services shall develop and implement projects in which community paramedics connect with patients who are discharged from a hospital or emergency department following an opioid overdose episode, develop personalized care plans for those patients in consultation with the ambulance service medical director, and provide follow-up services to those patients.

 

Subd. 2.  Priority areas; services.  (a) In a project developed under this section, an ambulance service must target community paramedic team services to portions of the service area with high levels of opioid use, high death rates from opioid overdoses, and urgent needs for interventions.


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(b) In a project developed under this section, a community paramedic team shall:

 

(1) provide services to patients released from a hospital following an opioid overdose episode and place priority on serving patients who were administered the opiate antagonist naloxone hydrochloride by emergency medical services personnel in response to a 911 call during the opioid overdose episode;

 

(2) provide the following evaluations during an initial home visit:  a home safety assessment including whether there is a need to dispose of prescription drugs that are expired or no longer needed; medication reconciliation; an HIV risk assessment; instruction on the use of naloxone hydrochloride; and a basic needs assessment;

 

(3) provide patients with health assessments, medication management, chronic disease monitoring and education, and assistance in following hospital discharge orders; and

 

(4) work with a multidisciplinary team to address the overall physical and mental health needs of patients and health needs related to substance use disorder treatment.

 

Subd. 3.  Evaluation.  An ambulance service that receives a grant under this section must evaluate the extent to which the project was successful in reducing the number of opioid overdoses and opioid overdose deaths among patients who received services and in reducing the inappropriate use of opioids by patients who received services.  The commissioner of health shall develop specific evaluation measures and reporting timelines for ambulance services receiving grants.  Ambulance services must submit the information required by the commissioner to the commissioner and the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services by December 1, 2019.

 

Sec. 9.  REPEALER.

 

Minnesota Statutes 2016, section 151.55, is repealed.

 

ARTICLE 5

COMMUNITY SUPPORTS AND CONTINUING CARE

 

Section 1.  Minnesota Statutes 2017 Supplement, section 245A.03, subdivision 7, is amended to read:

 

Subd. 7.  Licensing moratorium.  (a) The commissioner shall not issue an initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a physical location that will not be the primary residence of the license holder for the entire period of licensure.  If a license is issued during this moratorium, and the license holder changes the license holder's primary residence away from the physical location of the foster care license, the commissioner shall revoke the license according to section 245A.07.  The commissioner shall not issue an initial license for a community residential setting licensed under chapter 245D.  When approving an exception under this paragraph, the commissioner shall consider the resource need determination process in paragraph (h), the availability of foster care licensed beds in the geographic area in which the licensee seeks to operate, the results of a person's choices during their annual assessment and service plan review, and the recommendation of the local county board.  The determination by the commissioner is final and not subject to appeal.  Exceptions to the moratorium include:

 

(1) foster care settings that are required to be registered under chapter 144D;

 

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or community residential setting licenses replacing adult foster care licenses in existence on December 31, 2013, and determined to be needed by the commissioner under paragraph (b);


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(3) new foster care licenses or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, or regional treatment center; restructuring of state-operated services that limits the capacity of state-operated facilities; or allowing movement to the community for people who no longer require the level of care provided in state-operated facilities as provided under section 256B.092, subdivision 13, or 256B.49, subdivision 24;

 

(4) new foster care licenses or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for persons requiring hospital level care;

 

(5) new foster care licenses or community residential setting licenses determined to be needed by the commissioner for the transition of people from personal care assistance to the home and community-based services;

 

(6) new foster care licenses or community residential setting licenses determined to be needed by the commissioner for the transition of people from the residential care waiver services to foster care services.  This exception applies only when:

 

(i) the person's case manager provided the person with information about the choice of service, service provider, and location of service to help the person make an informed choice; and

 

(ii) the person's foster care services are less than or equal to the cost of the person's services delivered in the residential care waiver service setting as determined by the lead agency; or

 

(7) new foster care licenses or community residential setting licenses for people receiving services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and for which a license is required.  This exception does not apply to people living in their own home.  For purposes of this clause, there is a presumption that a foster care or community residential setting license is required for services provided to three or more people in a dwelling unit when the setting is controlled by the provider.  A license holder subject to this exception may rebut the presumption that a license is required by seeking a reconsideration of the commissioner's determination.  The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.  The exception is available until June 30, 2018 2019.  This exception is available when:

 

(i) the person's case manager provided the person with information about the choice of service, service provider, and location of service, including in the person's home, to help the person make an informed choice; and

 

(ii) the person's services provided in the licensed foster care or community residential setting are less than or equal to the cost of the person's services delivered in the unlicensed setting as determined by the lead agency.; or

 

(8) a vacancy in a setting granted an exception under clause (7) may receive an exception created by a person receiving services under chapter 245D and residing in the unlicensed setting between January 1, 2017, and May 1, 2017, for which a vacancy occurs between January 1, 2017, and the date of the exception request.  This exception is available when the lead agency provides documentation to the commissioner on the eligibility criteria being met.  This exception is available until June 30, 2019.

 

(b) The commissioner shall determine the need for newly licensed foster care homes or community residential settings as defined under this subdivision.  As part of the determination, the commissioner shall consider the availability of foster care capacity in the area in which the licensee seeks to operate, and the recommendation of the local county board.  The determination by the commissioner must be final.  A determination of need is not required for a change in ownership at the same address.


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(c) When an adult resident served by the program moves out of a foster home that is not the primary residence of the license holder according to section 256B.49, subdivision 15, paragraph (f), or the adult community residential setting, the county shall immediately inform the Department of Human Services Licensing Division.  The department may decrease the statewide licensed capacity for adult foster care settings.

 

(d) Residential settings that would otherwise be subject to the decreased license capacity established in paragraph (c) shall be exempt if the license holder's beds are occupied by residents whose primary diagnosis is mental illness and the license holder is certified under the requirements in subdivision 6a or section 245D.33.

 

(e) A resource need determination process, managed at the state level, using the available reports required by section 144A.351, and other data and information shall be used to determine where the reduced capacity determined under section 256B.493 will be implemented.  The commissioner shall consult with the stakeholders described in section 144A.351, and employ a variety of methods to improve the state's capacity to meet the informed decisions of those people who want to move out of corporate foster care or community residential settings, long-term service needs within budgetary limits, including seeking proposals from service providers or lead agencies to change service type, capacity, or location to improve services, increase the independence of residents, and better meet needs identified by the long-term services and supports reports and statewide data and information.

 

(f) At the time of application and reapplication for licensure, the applicant and the license holder that are subject to the moratorium or an exclusion established in paragraph (a) are required to inform the commissioner whether the physical location where the foster care will be provided is or will be the primary residence of the license holder for the entire period of licensure.  If the primary residence of the applicant or license holder changes, the applicant or license holder must notify the commissioner immediately.  The commissioner shall print on the foster care license certificate whether or not the physical location is the primary residence of the license holder.

 

(g) License holders of foster care homes identified under paragraph (f) that are not the primary residence of the license holder and that also provide services in the foster care home that are covered by a federally approved home and community-based services waiver, as authorized under section 256B.0915, 256B.092, or 256B.49, must inform the human services licensing division that the license holder provides or intends to provide these waiver-funded services.

 

(h) The commissioner may adjust capacity to address needs identified in section 144A.351.  Under this authority, the commissioner may approve new licensed settings or delicense existing settings.  Delicensing of settings will be accomplished through a process identified in section 256B.493.  Annually, by August 1, the commissioner shall provide information and data on capacity of licensed long-term services and supports, actions taken under the subdivision to manage statewide long-term services and supports resources, and any recommendations for change to the legislative committees with jurisdiction over the health and human services budget.

 

(i) The commissioner must notify a license holder when its corporate foster care or community residential setting licensed beds are reduced under this section.  The notice of reduction of licensed beds must be in writing and delivered to the license holder by certified mail or personal service.  The notice must state why the licensed beds are reduced and must inform the license holder of its right to request reconsideration by the commissioner.  The license holder's request for reconsideration must be in writing.  If mailed, the request for reconsideration must be postmarked and sent to the commissioner within 20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.  If a request for reconsideration is made by personal service, it must be received by the commissioner within 20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

 

(j) The commissioner shall not issue an initial license for children's residential treatment services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter for a program that Centers for Medicare and Medicaid Services would consider an institution for mental diseases.  Facilities that serve only private pay clients are exempt from the moratorium described in this paragraph.  The commissioner has the authority to manage


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existing statewide capacity for children's residential treatment services subject to the moratorium under this paragraph and may issue an initial license for such facilities if the initial license would not increase the statewide capacity for children's residential treatment services subject to the moratorium under this paragraph.

 

Sec. 2.  Minnesota Statutes 2017 Supplement, section 245A.11, subdivision 2a, is amended to read:

 

Subd. 2a.  Adult foster care and community residential setting license capacity.  (a) The commissioner shall issue adult foster care and community residential setting licenses with a maximum licensed capacity of four beds, including nonstaff roomers and boarders, except that the commissioner may issue a license with a capacity of five beds, including roomers and boarders, according to paragraphs (b) to (g).

 

(b) The license holder may have a maximum license capacity of five if all persons in care are age 55 or over and do not have a serious and persistent mental illness or a developmental disability.

 

(c) The commissioner may grant variances to paragraph (b) to allow a facility with a licensed capacity of up to five persons to admit an individual under the age of 55 if the variance complies with section 245A.04, subdivision 9, and approval of the variance is recommended by the county in which the licensed facility is located.

 

(d) The commissioner may grant variances to paragraph (a) to allow the use of an additional bed, up to five, for emergency crisis services for a person with serious and persistent mental illness or a developmental disability, regardless of age, if the variance complies with section 245A.04, subdivision 9, and approval of the variance is recommended by the county in which the licensed facility is located.

 

(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an additional bed, up to five, for respite services, as defined in section 245A.02, for persons with disabilities, regardless of age, if the variance complies with sections 245A.03, subdivision 7, and 245A.04, subdivision 9, and approval of the variance is recommended by the county in which the licensed facility is located.  Respite care may be provided under the following conditions:

 

(1) staffing ratios cannot be reduced below the approved level for the individuals being served in the home on a permanent basis;

 

(2) no more than two different individuals can be accepted for respite services in any calendar month and the total respite days may not exceed 120 days per program in any calendar year;

 

(3) the person receiving respite services must have his or her own bedroom, which could be used for alternative purposes when not used as a respite bedroom, and cannot be the room of another person who lives in the facility; and

 

(4) individuals living in the facility must be notified when the variance is approved.  The provider must give 60 days' notice in writing to the residents and their legal representatives prior to accepting the first respite placement.  Notice must be given to residents at least two days prior to service initiation, or as soon as the license holder is able if they receive notice of the need for respite less than two days prior to initiation, each time a respite client will be served, unless the requirement for this notice is waived by the resident or legal guardian.

 

(f) The commissioner may issue an adult foster care or community residential setting license with a capacity of five adults if the fifth bed does not increase the overall statewide capacity of licensed adult foster care or community residential setting beds in homes that are not the primary residence of the license holder, as identified in a plan submitted to the commissioner by the county, when the capacity is recommended by the county licensing agency of the county in which the facility is located and if the recommendation verifies that:

 

(1) the facility meets the physical environment requirements in the adult foster care licensing rule;


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(2) the five-bed living arrangement is specified for each resident in the resident's:

 

(i) individualized plan of care;

 

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or

 

(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105, subpart 19, if required;

 

(3) the license holder obtains written and signed informed consent from each resident or resident's legal representative documenting the resident's informed choice to remain living in the home and that the resident's refusal to consent would not have resulted in service termination; and

 

(4) the facility was licensed for adult foster care before March 1, 2011 June 30, 2016.

 

(g) The commissioner shall not issue a new adult foster care license under paragraph (f) after June 30, 2019 2021.  The commissioner shall allow a facility with an adult foster care license issued under paragraph (f) before June 30, 2019 2021, to continue with a capacity of five adults if the license holder continues to comply with the requirements in paragraph (f).

 

Sec. 3.  Minnesota Statutes 2017 Supplement, section 245D.03, subdivision 1, is amended to read:

 

Subdivision 1.  Applicability.  (a) The commissioner shall regulate the provision of home and community-based services to persons with disabilities and persons age 65 and older pursuant to this chapter.  The licensing standards in this chapter govern the provision of basic support services and intensive support services.

 

(b) Basic support services provide the level of assistance, supervision, and care that is necessary to ensure the health and welfare of the person and do not include services that are specifically directed toward the training, treatment, habilitation, or rehabilitation of the person.  Basic support services include:

 

(1) in-home and out-of-home respite care services as defined in section 245A.02, subdivision 15, and under the brain injury, community alternative care, community access for disability inclusion, developmental disability, and elderly waiver plans, excluding out-of-home respite care provided to children in a family child foster care home licensed under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care license holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions; and section 245D.061 or successor provisions, which must be stipulated in the statement of intended use required under Minnesota Rules, part 2960.3000, subpart 4;

 

(2) adult companion services as defined under the brain injury, community access for disability inclusion, community alternative care, and elderly waiver plans, excluding adult companion services provided under the Corporation for National and Community Services Senior Companion Program established under the Domestic Volunteer Service Act of 1973, Public Law 98-288;

 

(3) personal support as defined under the developmental disability waiver plan;

 

(4) 24-hour emergency assistance, personal emergency response as defined under the community access for disability inclusion and developmental disability waiver plans;

 

(5) night supervision services as defined under the brain injury, community access for disability inclusion, community alternative care, and developmental disability waiver plan plans;


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(6) homemaker services as defined under the community access for disability inclusion, brain injury, community alternative care, developmental disability, and elderly waiver plans, excluding providers licensed by the Department of Health under chapter 144A and those providers providing cleaning services only; and

 

(7) individual community living support under section 256B.0915, subdivision 3j.

 

(c) Intensive support services provide assistance, supervision, and care that is necessary to ensure the health and welfare of the person and services specifically directed toward the training, habilitation, or rehabilitation of the person.  Intensive support services include:

 

(1) intervention services, including:

 

(i) behavioral positive support services as defined under the brain injury and, community access for disability inclusion, community alternative care, and developmental disability waiver plans;

 

(ii) in-home or out-of-home crisis respite services as defined under the brain injury, community access for disability inclusion, community alternative care, and developmental disability waiver plan plans; and

 

(iii) specialist services as defined under the current brain injury, community access for disability inclusion, community alternative care, and developmental disability waiver plan plans;

 

(2) in-home support services, including:

 

(i) in-home family support and supported living services as defined under the developmental disability waiver plan;

 

(ii) independent living services training as defined under the brain injury and community access for disability inclusion waiver plans;

 

(iii) semi-independent living services; and

 

(iv) individualized home supports services as defined under the brain injury, community alternative care, and community access for disability inclusion waiver plans;

 

(3) residential supports and services, including:

 

(i) supported living services as defined under the developmental disability waiver plan provided in a family or corporate child foster care residence, a family adult foster care residence, a community residential setting, or a supervised living facility;

 

(ii) foster care services as defined in the brain injury, community alternative care, and community access for disability inclusion waiver plans provided in a family or corporate child foster care residence, a family adult foster care residence, or a community residential setting; and

 

(iii) residential services provided to more than four persons with developmental disabilities in a supervised living facility, including ICFs/DD;

 

(4) day services, including:

 

(i) structured day services as defined under the brain injury waiver plan;


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(ii) day training and habilitation services under sections 252.41 to 252.46, and as defined under the developmental disability waiver plan; and

 

(iii) prevocational services as defined under the brain injury and community access for disability inclusion waiver plans; and

 

(5) employment exploration services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans;

 

(6) employment development services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans; and

 

(7) employment support services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans.

 

Sec. 4.  Minnesota Statutes 2016, section 245D.071, subdivision 5, is amended to read:

 

Subd. 5.  Service plan review and evaluation.  (a) The license holder must give the person or the person's legal representative and case manager an opportunity to participate in the ongoing review and development of the service plan and the methods used to support the person and accomplish outcomes identified in subdivisions 3 and 4.  At least once per year, or within 30 days of a written request by the person, the person's legal representative, or the case manager, the license holder, in coordination with the person's support team or expanded support team, must meet with the person, the person's legal representative, and the case manager, and participate in service plan review meetings following stated timelines established in the person's coordinated service and support plan or coordinated service and support plan addendum or within 30 days of a written request by the person, the person's legal representative, or the case manager, at a minimum of once per year.  The purpose of the service plan review is to determine whether changes are needed to the service plan based on the assessment information, the license holder's evaluation of progress towards accomplishing outcomes, or other information provided by the support team or expanded support team.

 

(b) At least once per year, the license holder, in coordination with the person's support team or expanded support team, must meet with the person, the person's legal representative, and the case manager to discuss how technology might be used to meet the person's desired outcomes.  The coordinated service and support plan or support plan addendum must include a summary of this discussion.  The summary must include a statement regarding any decision made related to the use of technology and a description of any further research that must be completed before a decision regarding the use of technology can be made.  Nothing in this paragraph requires the coordinated service and support plan to include the use of technology for the provision of services.

 

(b) (c) The license holder must summarize the person's status and progress toward achieving the identified outcomes and make recommendations and identify the rationale for changing, continuing, or discontinuing implementation of supports and methods identified in subdivision 4 in a report available at the time of the progress review meeting.  The report must be sent at least five working days prior to the progress review meeting if requested by the team in the coordinated service and support plan or coordinated service and support plan addendum.

 

(c) (d) The license holder must send the coordinated service and support plan addendum to the person, the person's legal representative, and the case manager by mail within ten working days of the progress review meeting.  Within ten working days of the mailing of the coordinated service and support plan addendum, the license holder must obtain dated signatures from the person or the person's legal representative and the case manager to document approval of any changes to the coordinated service and support plan addendum.


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(d) (e) If, within ten working days of submitting changes to the coordinated service and support plan and coordinated service and support plan addendum, the person or the person's legal representative or case manager has not signed and returned to the license holder the coordinated service and support plan or coordinated service and support plan addendum or has not proposed written modifications to the license holder's submission, the submission is deemed approved and the coordinated service and support plan addendum becomes effective and remains in effect until the legal representative or case manager submits a written request to revise the coordinated service and support plan addendum.

 

Sec. 5.  Minnesota Statutes 2016, section 245D.091, subdivision 2, is amended to read:

 

Subd. 2.  Behavior Positive support professional qualifications.  A behavior positive support professional providing behavioral positive support services as identified in section 245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the following areas as required under the brain injury and, community access for disability inclusion, community alternative care, and developmental disability waiver plans or successor plans:

 

(1) ethical considerations;

 

(2) functional assessment;

 

(3) functional analysis;

 

(4) measurement of behavior and interpretation of data;

 

(5) selecting intervention outcomes and strategies;

 

(6) behavior reduction and elimination strategies that promote least restrictive approved alternatives;

 

(7) data collection;

 

(8) staff and caregiver training;

 

(9) support plan monitoring;

 

(10) co-occurring mental disorders or neurocognitive disorder;

 

(11) demonstrated expertise with populations being served; and

 

(12) must be a:

 

(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board of Psychology competencies in the above identified areas;

 

(ii) clinical social worker licensed as an independent clinical social worker under chapter 148D, or a person with a master's degree in social work from an accredited college or university, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the areas identified in clauses (1) to (11);

 

(iii) physician licensed under chapter 147 and certified by the American Board of Psychiatry and Neurology or eligible for board certification in psychiatry with competencies in the areas identified in clauses (1) to (11);


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(iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39 with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services who has demonstrated competencies in the areas identified in clauses (1) to (11);

 

(v) person with a master's degree from an accredited college or university in one of the behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services with demonstrated competencies in the areas identified in clauses (1) to (11); or

 

(vi) person with a master's degree or PhD in one of the behavioral sciences or related fields with demonstrated expertise in positive support services, as determined by the person's case manager based on the person's needs as outlined in the person's community support plan; or

 

(vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and mental health nursing by a national nurse certification organization, or who has a master's degree in nursing or one of the behavioral sciences or related fields from an accredited college or university or its equivalent, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services.

 

Sec. 6.  Minnesota Statutes 2016, section 245D.091, subdivision 3, is amended to read:

 

Subd. 3.  Behavior Positive support analyst qualifications.  (a) A behavior positive support analyst providing behavioral positive support services as identified in section 245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the following areas as required under the brain injury and, community access for disability inclusion, community alternative care, and developmental disability waiver plans or successor plans:

 

(1) have obtained a baccalaureate degree, master's degree, or PhD in a social services discipline; or

 

(2) meet the qualifications of a mental health practitioner as defined in section 245.462, subdivision 17.; or

 

(3) be a board certified behavior analyst or board certified assistant behavior analyst by the Behavior Analyst Certification Board, Incorporated.

 

(b) In addition, a behavior positive support analyst must:

 

(1) have four years of supervised experience working with individuals who exhibit challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder conducting functional behavior assessments and designing, implementing, and evaluating effectiveness of positive practices behavior support strategies for people who exhibit challenging behaviors as well as co-occurring mental disorders and neurocognitive disorder;

 

(2) have received ten hours of instruction in functional assessment and functional analysis; training prior to hire or within 90 calendar days of hire that includes:

 

(i) ten hours of instruction in functional assessment and functional analysis;

 

(ii) 20 hours of instruction in the understanding of the function of behavior;

 

(iii) ten hours of instruction on design of positive practices behavior support strategies;


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(iv) 20 hours of instruction preparing written intervention strategies, designing data collection protocols, training other staff to implement positive practice strategies, summarizing and reporting program evaluation data, analyzing program evaluation data to identify design flaws in behavioral interventions or failures in implementation fidelity, and recommending enhancements based on evaluation data; and

 

(v) eight hours of instruction on principles of person-centered thinking;

 

(3) have received 20 hours of instruction in the understanding of the function of behavior;

 

(4) have received ten hours of instruction on design of positive practices behavior support strategies;

 

(5) have received 20 hours of instruction on the use of behavior reduction approved strategies used only in combination with behavior positive practices strategies;

 

(6) (3) be determined by a behavior positive support professional to have the training and prerequisite skills required to provide positive practice strategies as well as behavior reduction approved and permitted intervention to the person who receives behavioral positive support; and

 

(7) (4) be under the direct supervision of a behavior positive support professional.

 

(c) Meeting the qualifications for a positive support professional under subdivision 2 shall substitute for meeting the qualifications listed in paragraph (b).

 

Sec. 7.  Minnesota Statutes 2016, section 245D.091, subdivision 4, is amended to read:

 

Subd. 4.  Behavior Positive support specialist qualifications.  (a) A behavior positive support specialist providing behavioral positive support services as identified in section 245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the following areas as required under the brain injury and, community access for disability inclusion, community alternative care, and developmental disability waiver plans or successor plans:

 

(1) have an associate's degree in a social services discipline; or

 

(2) have two years of supervised experience working with individuals who exhibit challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder.

 

(b) In addition, a behavior specialist must:

 

(1) have received training prior to hire or within 90 calendar days of hire that includes:

 

(i) a minimum of four hours of training in functional assessment;

 

(2) have received (ii) 20 hours of instruction in the understanding of the function of behavior;

 

(3) have received (iii) ten hours of instruction on design of positive practices behavioral support strategies; and

 

(iv) eight hours of instruction on principles of person-centered thinking;

 

(4) (2) be determined by a behavior positive support professional to have the training and prerequisite skills required to provide positive practices strategies as well as behavior reduction approved intervention to the person who receives behavioral positive support; and


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(5) (3) be under the direct supervision of a behavior positive support professional.

 

(c) Meeting the qualifications for a positive support professional under subdivision 2 shall substitute for meeting the qualifications listed in paragraphs (a) and (b).

 

Sec. 8.  Minnesota Statutes 2017 Supplement, section 252.41, subdivision 3, is amended to read:

 

Subd. 3.  Day training and habilitation services for adults with developmental disabilities.  (a) "Day training and habilitation services for adults with developmental disabilities" means services that:

 

(1) include supervision, training, assistance, center-based work-related activities, or other community-integrated activities designed and implemented in accordance with the individual service and individual habilitation plans required under Minnesota Rules, parts 9525.0004 to 9525.0036, to help an adult reach and maintain the highest possible level of independence, productivity, and integration into the community; and

 

(2) are provided by a vendor licensed under sections 245A.01 to 245A.16 and 252.28, subdivision 2, to provide day training and habilitation services.

 

(b) Day training and habilitation services reimbursable under this section do not include special education and related services as defined in the Education of the Individuals with Disabilities Act, United States Code, title 20, chapter 33, section 1401, clauses (6) and (17), or vocational services funded under section 110 of the Rehabilitation Act of 1973, United States Code, title 29, section 720, as amended.

 

(c) Except for specified service units authorized and provided in the transition period defined in section 256B.4913, subdivision 7, paragraph (b), day training and habilitation services do not include employment exploration, employment development, or employment support services as defined in the home and community‑based services waivers for people with disabilities authorized under sections 256B.092 and 256B.49.

 

EFFECTIVE DATE.  This section is effective retroactively from January 1, 2018.

 

Sec. 9.  Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 65.  Prescribed pediatric extended care center services.  Medical assistance covers prescribed pediatric extended care center basic services as defined under section 144H.01, subdivision 2.  The commissioner shall set two payment rates for basic services provided at prescribed pediatric extended care centers licensed under chapter 144H:  (1) a $250 half-day rate per child attending a prescribed pediatric extended care center for less than four hours per day; and (2) a $500 full-day rate per child attending a prescribed pediatric extended care center for four hours or more per day.  The rates established in this subdivision may be reevaluated by the commissioner two years after the effective date of this subdivision.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, or upon federal approval, whichever occurs later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 10.  Minnesota Statutes 2016, section 256B.0659, subdivision 11, is amended to read:

 

Subd. 11.  Personal care assistant; requirements.  (a) A personal care assistant must meet the following requirements:

 

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of age with these additional requirements:


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(i) supervision by a qualified professional every 60 days; and

 

(ii) employment by only one personal care assistance provider agency responsible for compliance with current labor laws;

 

(2) be employed by a personal care assistance provider agency;

 

(3) enroll with the department as a personal care assistant after clearing a background study.  Except as provided in subdivision 11a, before a personal care assistant provides services, the personal care assistance provider agency must initiate a background study on the personal care assistant under chapter 245C, and the personal care assistance provider agency must have received a notice from the commissioner that the personal care assistant is:

 

(i) not disqualified under section 245C.14; or

 

(ii) is disqualified, but the personal care assistant has received a set aside of the disqualification under section 245C.22;

 

(4) be able to effectively communicate with the recipient and personal care assistance provider agency;

 

(5) be able to provide covered personal care assistance services according to the recipient's personal care assistance care plan, respond appropriately to recipient needs, and report changes in the recipient's condition to the supervising qualified professional or physician;

 

(6) not be a consumer of personal care assistance services;

 

(7) maintain daily written records including, but not limited to, time sheets under subdivision 12;

 

(8) effective January 1, 2010, complete standardized training as determined by the commissioner before completing enrollment.  The training must be available in languages other than English and to those who need accommodations due to disabilities.  Personal care assistant training must include successful completion of the following training components:  basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of personal care assistants including information about assistance with lifting and transfers for recipients, emergency preparedness, orientation to positive behavioral practices, fraud issues, and completion of time sheets.  Upon completion of the training components, the personal care assistant must demonstrate the competency to provide assistance to recipients;

 

(9) complete training and orientation on the needs of the recipient; and

 

(10) be limited to providing and being paid for up to 275 hours per month of personal care assistance services regardless of the number of recipients being served or the number of personal care assistance provider agencies enrolled with.  The number of hours worked per day shall not be disallowed by the department unless in violation of the law.

 

(b) A legal guardian may be a personal care assistant if the guardian is not being paid for the guardian services and meets the criteria for personal care assistants in paragraph (a).

 

(c) Persons who do not qualify as a personal care assistant include parents, stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of a residential setting.


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(d) Personal care services qualify for the enhanced rate described in subdivision 17a if the personal care assistant providing the services:

 

(1) provides services, according to the care plan in subdivision 7, to a recipient who qualifies for 12 or more hours per day of PCA services; and

 

(2) satisfies the current requirements of Medicare for training and competency or competency evaluation of home health aides or nursing assistants, as provided in the Code of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state approved training or competency requirements.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 11.  Minnesota Statutes 2016, section 256B.0659, is amended by adding a subdivision to read:

 

Subd. 17a.  Enhanced rate.  An enhanced rate of 105 percent of the rate paid for PCA services shall be paid for services provided to persons who qualify for 12 or more hours of PCA service per day when provided by a PCA who meets the requirements of subdivision 11, paragraph (d).  The enhanced rate for PCA services includes, and is not in addition to, any rate adjustments implemented by the commissioner on July 1, 2018, to comply with the terms of a collective bargaining agreement between the state of Minnesota and an exclusive representative of individual providers under section 179A.54 that provides for wage increases for individual providers who serve participants assessed to need 12 or more hours of PCA services per day.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 12.  Minnesota Statutes 2016, section 256B.0659, subdivision 21, is amended to read:

 

Subd. 21.  Requirements for provider enrollment of personal care assistance provider agencies.  (a) All personal care assistance provider agencies must provide, at the time of enrollment, reenrollment, and revalidation as a personal care assistance provider agency in a format determined by the commissioner, information and documentation that includes, but is not limited to, the following:

 

(1) the personal care assistance provider agency's current contact information including address, telephone number, and e­mail address;

 

(2) proof of surety bond coverage.  Upon new enrollment, or if the provider's Medicaid revenue in the previous calendar year is up to and including $300,000, the provider agency must purchase a surety bond of $50,000.  If the Medicaid revenue in the previous year is over $300,000, the provider agency must purchase a surety bond of $100,000.  The surety bond must be in a form approved by the commissioner, must be renewed annually, and must allow for recovery of costs and fees in pursuing a claim on the bond;

 

(3) proof of fidelity bond coverage in the amount of $20,000;

 

(4) proof of workers' compensation insurance coverage;

 

(5) proof of liability insurance;

 

(6) a description of the personal care assistance provider agency's organization identifying the names of all owners, managing employees, staff, board of directors, and the affiliations of the directors, owners, or staff to other service providers;


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(7) a copy of the personal care assistance provider agency's written policies and procedures including:  hiring of employees; training requirements; service delivery; and employee and consumer safety including process for notification and resolution of consumer grievances, identification and prevention of communicable diseases, and employee misconduct;

 

(8) copies of all other forms the personal care assistance provider agency uses in the course of daily business including, but not limited to:

 

(i) a copy of the personal care assistance provider agency's time sheet if the time sheet varies from the standard time sheet for personal care assistance services approved by the commissioner, and a letter requesting approval of the personal care assistance provider agency's nonstandard time sheet;

 

(ii) the personal care assistance provider agency's template for the personal care assistance care plan; and

 

(iii) the personal care assistance provider agency's template for the written agreement in subdivision 20 for recipients using the personal care assistance choice option, if applicable;

 

(9) a list of all training and classes that the personal care assistance provider agency requires of its staff providing personal care assistance services;

 

(10) documentation that the personal care assistance provider agency and staff have successfully completed all the training required by this section, including the requirements under subdivision 11, paragraph (d), if enhanced PCA services are provided and submitted for an enhanced rate under subdivision 17a;

 

(11) documentation of the agency's marketing practices;

 

(12) disclosure of ownership, leasing, or management of all residential properties that is used or could be used for providing home care services;

 

(13) documentation that the agency will use the following percentages of revenue generated from the medical assistance rate paid for personal care assistance services for employee personal care assistant wages and benefits:  72.5 percent of revenue in the personal care assistance choice option and 72.5 percent of revenue from other personal care assistance providers.  The revenue generated by the qualified professional and the reasonable costs associated with the qualified professional shall not be used in making this calculation; and

 

(14) effective May 15, 2010, documentation that the agency does not burden recipients' free exercise of their right to choose service providers by requiring personal care assistants to sign an agreement not to work with any particular personal care assistance recipient or for another personal care assistance provider agency after leaving the agency and that the agency is not taking action on any such agreements or requirements regardless of the date signed.

 

(b) Personal care assistance provider agencies shall provide the information specified in paragraph (a) to the commissioner at the time the personal care assistance provider agency enrolls as a vendor or upon request from the commissioner.  The commissioner shall collect the information specified in paragraph (a) from all personal care assistance providers beginning July 1, 2009.

 

(c) All personal care assistance provider agencies shall require all employees in management and supervisory positions and owners of the agency who are active in the day-to-day management and operations of the agency to complete mandatory training as determined by the commissioner before enrollment of the agency as a provider.  Employees in management and supervisory positions and owners who are active in the day-to-day operations of an agency who have completed the required training as an employee with a personal care assistance provider agency do


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not need to repeat the required training if they are hired by another agency, if they have completed the training within the past three years.  By September 1, 2010, the required training must be available with meaningful access according to title VI of the Civil Rights Act and federal regulations adopted under that law or any guidance from the United States Health and Human Services Department.  The required training must be available online or by electronic remote connection.  The required training must provide for competency testing.  Personal care assistance provider agency billing staff shall complete training about personal care assistance program financial management.  This training is effective July 1, 2009.  Any personal care assistance provider agency enrolled before that date shall, if it has not already, complete the provider training within 18 months of July 1, 2009.  Any new owners or employees in management and supervisory positions involved in the day-to-day operations are required to complete mandatory training as a requisite of working for the agency.  Personal care assistance provider agencies certified for participation in Medicare as home health agencies are exempt from the training required in this subdivision.  When available, Medicare-certified home health agency owners, supervisors, or managers must successfully complete the competency test.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 13.  Minnesota Statutes 2016, section 256B.0659, subdivision 24, is amended to read:

 

Subd. 24.  Personal care assistance provider agency; general duties.  A personal care assistance provider agency shall:

 

(1) enroll as a Medicaid provider meeting all provider standards, including completion of the required provider training;

 

(2) comply with general medical assistance coverage requirements;

 

(3) demonstrate compliance with law and policies of the personal care assistance program to be determined by the commissioner;

 

(4) comply with background study requirements;

 

(5) verify and keep records of hours worked by the personal care assistant and qualified professional;

 

(6) not engage in any agency-initiated direct contact or marketing in person, by phone, or other electronic means to potential recipients, guardians, or family members;

 

(7) pay the personal care assistant and qualified professional based on actual hours of services provided;

 

(8) withhold and pay all applicable federal and state taxes;

 

(9) effective January 1, 2010, document that the agency uses a minimum of 72.5 percent of the revenue generated by the medical assistance rate for personal care assistance services for employee personal care assistant wages and benefits.  The revenue generated by the qualified professional and the reasonable costs associated with the qualified professional shall not be used in making this calculation;

 

(10) make the arrangements and pay unemployment insurance, taxes, workers' compensation, liability insurance, and other benefits, if any;

 

(11) enter into a written agreement under subdivision 20 before services are provided;

 

(12) report suspected neglect and abuse to the common entry point according to section 256B.0651;


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(13) provide the recipient with a copy of the home care bill of rights at start of service; and

 

(14) request reassessments at least 60 days prior to the end of the current authorization for personal care assistance services, on forms provided by the commissioner; and

 

(15) document that the agency uses the additional revenue due to the enhanced rate under subdivision 17a for the wages and benefits of the PCAs whose services meet the requirements under subdivision 11, paragraph (d).

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 14.  Minnesota Statutes 2016, section 256B.0659, subdivision 28, is amended to read:

 

Subd. 28.  Personal care assistance provider agency; required documentation.  (a) Required documentation must be completed and kept in the personal care assistance provider agency file or the recipient's home residence.  The required documentation consists of:

 

(1) employee files, including:

 

(i) applications for employment;

 

(ii) background study requests and results;

 

(iii) orientation records about the agency policies;

 

(iv) trainings completed with demonstration of competence, including verification of the completion of training required under subdivision 11, paragraph (d), for any billing of the enhanced rate under subdivision 17a;

 

(v) supervisory visits;

 

(vi) evaluations of employment; and

 

(vii) signature on fraud statement;

 

(2) recipient files, including:

 

(i) demographics;

 

(ii) emergency contact information and emergency backup plan;

 

(iii) personal care assistance service plan;

 

(iv) personal care assistance care plan;

 

(v) month-to-month service use plan;

 

(vi) all communication records;

 

(vii) start of service information, including the written agreement with recipient; and

 

(viii) date the home care bill of rights was given to the recipient;


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(3) agency policy manual, including:

 

(i) policies for employment and termination;

 

(ii) grievance policies with resolution of consumer grievances;

 

(iii) staff and consumer safety;

 

(iv) staff misconduct; and

 

(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and resolution of consumer grievances;

 

(4) time sheets for each personal care assistant along with completed activity sheets for each recipient served; and

 

(5) agency marketing and advertising materials and documentation of marketing activities and costs.

 

(b) The commissioner may assess a fine of up to $500 on provider agencies that do not consistently comply with the requirements of this subdivision.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 15.  Minnesota Statutes 2017 Supplement, section 256B.0921, is amended to read:

 

256B.0921 HOME AND COMMUNITY-BASED SERVICES INCENTIVE INNOVATION POOL.

 

The commissioner of human services shall develop an initiative to provide incentives for innovation in:  (1) achieving integrated competitive employment; (2) achieving integrated competitive employment for youth under age 25 upon their graduation from school; (3) living in the most integrated setting; and (4) other outcomes determined by the commissioner.  The commissioner shall seek requests for proposals and shall contract with one or more entities to provide incentive payments for meeting identified outcomes.

 

Sec. 16.  Minnesota Statutes 2017 Supplement, section 256B.4913, subdivision 7, is amended to read:

 

Subd. 7.  New services.  (a) A service added to section 256B.4914 after January 1, 2014, is not subject to rate stabilization adjustment in this section.

 

(b) The commissioner shall implement the new services in section 256B.4914, subdivision 3, clauses (23), (24), and (25).  Transition to the new services shall occur as service agreements renew or service plans change, except that service authorizations of daily units of day training and habilitation services and prevocational services that have rates subject to rate stabilization under this section as of July 1, 2018, shall transition service unit authorizations that fall under the new services in section 256B.4914, subdivision 3, clauses (23), (24), and (25), on June 30, 2019.

 

(c) Service authorizations that include the delayed transition under paragraph (b) shall not also authorize and bill for the new services in section 256B.4914, subdivision 3, clauses (23), (24), and (25), on the same day that a daily unit or partial day unit of day training and habilitation services or prevocational services is billed.

 

EFFECTIVE DATE.  This section is effective July 1, 2018, or upon federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.


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Sec. 17.  Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  (a) For purposes of this section, the following terms have the meanings given them, unless the context clearly indicates otherwise.

 

(b) "Commissioner" means the commissioner of human services.

 

(c) "Component value" means underlying factors that are part of the cost of providing services that are built into the waiver rates methodology to calculate service rates.

 

(d) "Customized living tool" means a methodology for setting service rates that delineates and documents the amount of each component service included in a recipient's customized living service plan.

 

(e) "Direct care staff" means employees providing direct service provision to people receiving services under this section.  Direct care staff does not include executive, managerial, and administrative staff.

 

(f) "Disability waiver rates system" means a statewide system that establishes rates that are based on uniform processes and captures the individualized nature of waiver services and recipient needs.

 

(f) (g) "Individual staffing" means the time spent as a one-to-one interaction specific to an individual recipient by staff to provide direct support and assistance with activities of daily living, instrumental activities of daily living, and training to participants, and is based on the requirements in each individual's coordinated service and support plan under section 245D.02, subdivision 4b; any coordinated service and support plan addendum under section 245D.02, subdivision 4c; and an assessment tool.  Provider observation of an individual's needs must also be considered.

 

(g) (h) "Lead agency" means a county, partnership of counties, or tribal agency charged with administering waivered services under sections 256B.092 and 256B.49.

 

(h) (i) "Median" means the amount that divides distribution into two equal groups, one-half above the median and one-half below the median.

 

(i) (j) "Payment or rate" means reimbursement to an eligible provider for services provided to a qualified individual based on an approved service authorization.

 

(j) (k) "Rates management system" means a Web-based software application that uses a framework and component values, as determined by the commissioner, to establish service rates.

 

(k) (l) "Recipient" means a person receiving home and community-based services funded under any of the disability waivers.

 

(l) (m) "Shared staffing" means time spent by employees, not defined under paragraph (f) (g), providing or available to provide more than one individual with direct support and assistance with activities of daily living as defined under section 256B.0659, subdivision 1, paragraph (b); instrumental activities of daily living as defined under section 256B.0659, subdivision 1, paragraph (i); ancillary activities needed to support individual services; and training to participants, and is based on the requirements in each individual's coordinated service and support plan under section 245D.02, subdivision 4b; any coordinated service and support plan addendum under section 245D.02, subdivision 4c; an assessment tool; and provider observation of an individual's service need.  Total shared staffing hours are divided proportionally by the number of individuals who receive the shared service provisions.


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(m) (n) "Staffing ratio" means the number of recipients a service provider employee supports during a unit of service based on a uniform assessment tool, provider observation, case history, and the recipient's services of choice, and not based on the staffing ratios under section 245D.31.

 

(n) (o) "Unit of service" means the following:

 

(1) for residential support services under subdivision 6, a unit of service is a day.  Any portion of any calendar day, within allowable Medicaid rules, where an individual spends time in a residential setting is billable as a day;

 

(2) for day services under subdivision 7:

 

(i) for day training and habilitation services, a unit of service is either:

 

(A) a day unit of service is defined as six or more hours of time spent providing direct services and transportation; or

 

(B) a partial day unit of service is defined as fewer than six hours of time spent providing direct services and transportation; and

 

(C) for new day service recipients after January 1, 2014, 15 minute units of service must be used for fewer than six hours of time spent providing direct services and transportation;

 

(ii) for adult day and structured day services, a unit of service is a day or 15 minutes.  A day unit of service is six or more hours of time spent providing direct services;

 

(iii) for prevocational services, a unit of service is a day or an hour.  A day unit of service is six or more hours of time spent providing direct service;

 

(3) for unit-based services with programming under subdivision 8:

 

(i) for supported living services, a unit of service is a day or 15 minutes.  When a day rate is authorized, any portion of a calendar day where an individual receives services is billable as a day; and

 

(ii) for all other services, a unit of service is 15 minutes; and

 

(4) for unit-based services without programming under subdivision 9, a unit of service is 15 minutes.

 

Sec. 18.  Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 3, is amended to read:

 

Subd. 3.  Applicable services.  Applicable services are those authorized under the state's home and community‑based services waivers under sections 256B.092 and 256B.49, including the following, as defined in the federally approved home and community-based services plan:

 

(1) 24-hour customized living;

 

(2) adult day care;

 

(3) adult day care bath;

 

(4) behavioral programming;


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(5) (4) companion services;

 

(6) (5) customized living;

 

(7) (6) day training and habilitation;

 

(7) employment development services;

 

(8) employment exploration services;

 

(9) employment support services;

 

(8) (10) housing access coordination;

 

(9) (11) independent living skills;

 

(12) independent living skills specialist services;

 

(13) individualized home supports;

 

(10) (14) in-home family support;

 

(11) (15) night supervision;

 

(12) (16) personal support;

 

(17) positive support service;

 

(13) (18) prevocational services;

 

(14) (19) residential care services;

 

(15) (20) residential support services;

 

(16) (21) respite services;

 

(17) (22) structured day services;

 

(18) (23) supported employment services;

 

(19) (24) supported living services;

 

(20) (25) transportation services;

 

(21) individualized home supports;

 

(22) independent living skills specialist services;

 

(23) employment exploration services;


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(24) employment development services;

 

(25) employment support services; and

 

(26) other services as approved by the federal government in the state home and community-based services plan.

 

Sec. 19.  Minnesota Statutes 2016, section 256B.4914, subdivision 4, is amended to read:

 

Subd. 4.  Data collection for rate determination.  (a) Rates for applicable home and community-based waivered services, including rate exceptions under subdivision 12, are set by the rates management system.

 

(b) Data for services under section 256B.4913, subdivision 4a, shall be collected in a manner prescribed by the commissioner.

 

(c) Data and information in the rates management system may be used to calculate an individual's rate.

 

(d) Service providers, with information from the community support plan and oversight by lead agencies, shall provide values and information needed to calculate an individual's rate into the rates management system.  The determination of service levels must be part of a discussion with members of the support team as defined in section 245D.02, subdivision 34.  This discussion must occur prior to the final establishment of each individual's rate.  The values and information include:

 

(1) shared staffing hours;

 

(2) individual staffing hours;

 

(3) direct registered nurse hours;

 

(4) direct licensed practical nurse hours;

 

(5) staffing ratios;

 

(6) information to document variable levels of service qualification for variable levels of reimbursement in each framework;

 

(7) shared or individualized arrangements for unit-based services, including the staffing ratio;

 

(8) number of trips and miles for transportation services; and

 

(9) service hours provided through monitoring technology.

 

(e) Updates to individual data must include:

 

(1) data for each individual that is updated annually when renewing service plans; and

 

(2) requests by individuals or lead agencies to update a rate whenever there is a change in an individual's service needs, with accompanying documentation.

 

(f) Lead agencies shall review and approve all services reflecting each individual's needs, and the values to calculate the final payment rate for services with variables under subdivisions 6, 7, 8, and 9 for each individual.  Lead agencies must notify the individual and the service provider of the final agreed-upon values and rate, and


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provide information that is identical to what was entered into the rates management system.  If a value used was mistakenly or erroneously entered and used to calculate a rate, a provider may petition lead agencies to correct it.  Lead agencies must respond to these requests.  When responding to the request, the lead agency must consider:

 

(1) meeting the health and welfare needs of the individual or individuals receiving services by service site, identified in their coordinated service and support plan under section 245D.02, subdivision 4b, and any addendum under section 245D.02, subdivision 4c;

 

(2) meeting the requirements for staffing under subdivision 2, paragraphs (f) (g), (i) (m), and (m) (n); and meeting or exceeding the licensing standards for staffing required under section 245D.09, subdivision 1; and

 

(3) meeting the staffing ratio requirements under subdivision 2, paragraph (n), and meeting or exceeding the licensing standards for staffing required under section 245D.31.

 

(g) To aid in the transition required in section 256B.4913, subdivision 7, paragraph (b), discussion of transition to the new services in subdivision 3, clauses (23), (24), and (25), shall be a part of the service planning process.  Lead agencies authorizing daily units of day training and habilitation services and prevocational services shall enter information into the rate management system indicating the average units of employment development services, employment exploration services, and employment support services that are expected to be provided within the transition period daily rate.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 20.  Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 5, is amended to read:

 

Subd. 5.  Base wage index and standard component values.  (a) The base wage index is established to determine staffing costs associated with providing services to individuals receiving home and community-based services.  For purposes of developing and calculating the proposed base wage, Minnesota-specific wages taken from job descriptions and standard occupational classification (SOC) codes from the Bureau of Labor Statistics as defined in the most recent edition of the Occupational Handbook must be used.  The base wage index must be calculated as follows:

 

(1) for residential direct care staff, the sum of:

 

(i) 15 percent of the subtotal of 50 percent of the median wage for personal and home health aide (SOC code 39‑9021); 30 percent of the median wage for nursing assistant (SOC code 31-1014); and 20 percent of the median wage for social and human services aide (SOC code 21-1093); and

 

(ii) 85 percent of the subtotal of 20 percent of the median wage for home health aide (SOC code 31-1011); 20 percent of the median wage for personal and home health aide (SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);

 

(2) for day services, 20 percent of the median wage for nursing assistant (SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);

 

(3) for residential asleep-overnight staff, the wage is the minimum wage in Minnesota for large employers, except in a family foster care setting, the wage is 36 percent of the minimum wage in Minnesota for large employers;


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(4) for behavior program analyst staff, 100 percent of the median wage for mental health counselors (SOC code 21-1014);

 

(5) for behavior program professional staff, 100 percent of the median wage for clinical counseling and school psychologist (SOC code 19-3031);

 

(6) for behavior program specialist staff, 100 percent of the median wage for psychiatric technicians (SOC code 29-2053);

 

(7) for supportive living services staff, 20 percent of the median wage for nursing assistant (SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);

 

(8) for housing access coordination staff, 100 percent of the median wage for community and social services specialist (SOC code 21-1099);

 

(9) for in-home family support staff, 20 percent of the median wage for nursing aide (SOC code 31-1012); 30 percent of the median wage for community social service specialist (SOC code 21-1099); 40 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);

 

(10) for individualized home supports services staff, 40 percent of the median wage for community social service specialist (SOC code 21-1099); 50 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);

 

(11) for independent living skills staff, 40 percent of the median wage for community social service specialist (SOC code 21-1099); 50 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);

 

(12) for independent living skills specialist staff, 100 percent of mental health and substance abuse social worker (SOC code 21-1023);

 

(13) for supported employment staff, 20 percent of the median wage for nursing assistant (SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);

 

(14) for employment support services staff, 50 percent of the median wage for rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for community and social services specialist (SOC code 21‑1099);

 

(15) for employment exploration services staff, 50 percent of the median wage for rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for community and social services specialist (SOC code 21‑1099);

 

(16) for employment development services staff, 50 percent of the median wage for education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent of the median wage for community and social services specialist (SOC code 21-1099);

 

(17) for adult companion staff, 50 percent of the median wage for personal and home care aide (SOC code 39‑9021); and 50 percent of the median wage for nursing assistant (SOC code 31-1014);


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(18) for night supervision staff, 20 percent of the median wage for home health aide (SOC code 31-1011); 20 percent of the median wage for personal and home health aide (SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);

 

(19) for respite staff, 50 percent of the median wage for personal and home care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant (SOC code 31-1014);

 

(20) for personal support staff, 50 percent of the median wage for personal and home care aide (SOC code 39‑9021); and 50 percent of the median wage for nursing assistant (SOC code 31-1014);

 

(21) for supervisory staff, 100 percent of the median wage for community and social services specialist (SOC code 21-1099), with the exception of the supervisor of behavior professional, behavior analyst, and behavior specialists, which is 100 percent of the median wage for clinical counseling and school psychologist (SOC code 19‑3031);

 

(22) for registered nurse staff, 100 percent of the median wage for registered nurses (SOC code 29-1141); and

 

(23) for licensed practical nurse staff, 100 percent of the median wage for licensed practical nurses (SOC code 29-2061).

 

(b) Component values for residential support services are:

 

(1) supervisory span of control ratio:  11 percent;

 

(2) employee vacation, sick, and training allowance ratio:  8.71 percent;

 

(3) employee-related cost ratio:  23.6 percent;

 

(4) general administrative support ratio:  13.25 percent;

 

(5) program-related expense ratio:  1.3 percent; and

 

(6) absence and utilization factor ratio:  3.9 percent.

 

(c) Component values for family foster care are:

 

(1) supervisory span of control ratio:  11 percent;

 

(2) employee vacation, sick, and training allowance ratio:  8.71 percent;

 

(3) employee-related cost ratio:  23.6 percent;

 

(4) general administrative support ratio:  3.3 percent;

 

(5) program-related expense ratio:  1.3 percent; and

 

(6) absence factor:  1.7 percent.


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(d) Component values for day services for all services are:

 

(1) supervisory span of control ratio:  11 percent;

 

(2) employee vacation, sick, and training allowance ratio:  8.71 percent;

 

(3) employee-related cost ratio:  23.6 percent;

 

(4) program plan support ratio:  5.6 percent;