Journal of the House - 89th Day - Thursday, May 7, 2020 - Top of Page 8005

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2020

 

_____________________

 

EIGHTY-NINTH DAY

 

Saint Paul, Minnesota, Thursday, May 7, 2020

 

 

      The House of Representatives convened at 1:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Representative Sondra Erickson, District 15A, Princeton, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Acomb

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Novotny

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

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


Journal of the House - 89th Day - Thursday, May 7, 2020 - Top of Page 8006

REPORTS OF CHIEF CLERK

 

      S. F. No. 3072 and H. F. No. 3012, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Lesch moved that S. F. No. 3072 be substituted for H. F. No. 3012 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 976, A bill for an act relating to transportation; making various policy changes, including establishing escort vehicle requirements for overdimensional loads, modifying display requirements for temporary permits, creating interim safety inspection certificates for school buses, authorizing legislative route turnbacks, and adding mental health identifiers to drivers' licenses; requiring use of school bus warning lights and stop arms when delivering food and supplies to students during peacetime public health emergency; requiring reports regarding use of federal funding received by state to respond to COVID-19; amending Minnesota Statutes 2018, sections 160.05, subdivision 1; 161.115, subdivision 43; 168.09, subdivision 7; 168.091; 168.092; 169.09, subdivision 3; 169.451, subdivisions 2, 4, by adding a subdivision; 171.07, by adding a subdivision; 174.30, subdivisions 2a, 4a, 8; Minnesota Statutes 2019 Supplement, sections 161.14, subdivision 94; 171.07, subdivision 6a; Laws 2019, First Special Session chapter 3, article 2, section 34, subdivision 2; article 3, section 120; Laws 2020, chapter 71, article 2, section 15, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 169; repealing Minnesota Statutes 2018, sections 169.86, subdivision 3b; 174.30, subdivision 4b.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 1236, A bill for an act relating to forfeiture; limiting vehicles and other property subject to forfeiture; providing for recovery of property by innocent owners; modifying participation in the federal equitable sharing program; requiring reports; amending Minnesota Statutes 2018, sections 169A.63, subdivisions 1, 7, 8, 10, by adding subdivisions; 609.531, subdivision 1, by adding a subdivision; 609.5311, subdivisions 2, 3, 4; 609.5314, subdivisions 1, 2, by adding a subdivision; 609.5315, subdivisions 5, 5b, 6; Minnesota Statutes 2019 Supplement, section 169A.63, subdivision 13; repealing Minnesota Statutes 2018, section 609.5317.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.


Journal of the House - 89th Day - Thursday, May 7, 2020 - Top of Page 8007

Pinto from the Early Childhood Finance and Policy Division to which was referred:

 

H. F. No. 1785, A bill for an act relating to education; amending the Pupil Fair Dismissal Act; limiting dismissals for certain pupils; amending Minnesota Statutes 2018, section 121A.45, subdivision 2.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [121A.425] FULL AND EQUITABLE PARTICIPATION IN PRESCHOOL AND PREKINDERGARTEN.

 

Subdivision 1.  Disciplinary dismissals prohibited.  A pupil enrolled in a preschool or prekindergarten program, including a child participating in early childhood family education, school readiness, school readiness plus, voluntary prekindergarten, Head Start, or other school-based preschool or prekindergarten program may not be subject to dismissals under this chapter.  Notwithstanding the language in this subdivision, expulsions and exclusions may be used only after resources as outlined in subdivision 2 have been exhausted, and only in circumstances where there is an ongoing serious safety threat to the child or others.

 

Subd. 2.  Nonexclusionary discipline.  A school district or charter school must ensure that a pupil described in subdivision 1 fully participates in a preschool or prekindergarten program described in subdivision 1 by providing one or more of the following services:

 

(1) collaborating with the pupil's family or guardian, child mental health consultant or provider, education specialist, or other community-based support;

 

(2) creating a plan, written with the parent or guardian, that details the action and support needed for the pupil to fully participate in a preschool or prekindergarten program;

 

(3) providing a referral for needed support services, including parenting education, home visits, or other supportive educational interventions; or

 

(4) an evaluation to determine if the pupil is eligible for special education services or section 504 services."

 

Delete the title and insert:

 

"A bill for an act relating to education; requiring participation in preschool and prekindergarten and prohibiting disciplinary dismissals; proposing coding for new law in Minnesota Statutes, chapter 121A."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 1785 was re‑referred to the Committee on Rules and Legislative Administration.


Journal of the House - 89th Day - Thursday, May 7, 2020 - Top of Page 8008

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 1842, A bill for an act relating to energy; modifying the solar energy incentive program; establishing various renewable energy and electric vehicle grant programs; requiring reports; appropriating money; amending Minnesota Statutes 2019 Supplement, section 116C.7792; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3085, A bill for an act relating to transportation; establishing a program for transit ambassadors and administrative citations; amending certain penalties related to unlawfully obtaining transit services; requiring a report; appropriating money; amending Minnesota Statutes 2018, sections 357.021, subdivision 6; 609.855, subdivisions 1, 3; Minnesota Statutes 2019 Supplement, sections 151.37, subdivision 12; 357.021, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 473.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Bernardy from the Higher Education Finance and Policy Division to which was referred:

 

H. F. No. 3089, A bill for an act relating to higher education; appropriating money for the addiction medicine graduate medical education fellowship program.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 3089 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3104, A bill for an act relating to human services; modifying provisions regarding children and family services, community supports administration, and civil commitment; establishing Cultural and Ethnic Communities Leadership Council; requiring responsible social services agencies to coordinate prenatal alcohol exposure


Journal of the House - 89th Day - Thursday, May 7, 2020 - Top of Page 8009

screenings for children in foster care; extending the corporate adult foster care moratorium exception for a fifth bed until 2024; codifying existing session law governing consumer-directed community supports; modifying timelines for intensive support service planning; permitting license holders to delegate competency evaluations of residents to direct support staff; modifying training requirements for direct support staff providing licensed home and community-based services; modifying eligibility and per diem requirements for psychiatric residential treatment facility services; clarifying the excess income standard for medical assistance; restoring a notice requirement when MnCHOICES assessments are required for personal care assistance services; requiring the commissioner of human services to establish an institutional and crisis bed consumer-directed community supports budget exception process in home and community-based services waivers; requiring the commissioner to allow a shared services option under consumer-directed community supports; modifying the procedure for recreational license suspension and reinstatement; clarifying the procedure for motions to transfer to tribal court; modifying child welfare provisions; reorganizing and clarifying sections regarding child maltreatment and neglect; modifying provisions regarding medical assistance covered services for certified community behavioral health clinics and officer-involved community-based care coordination; expanding who may order home care nursing services, home care therapies, and skilled nurse visit services; providing criminal penalties; requiring reports; amending Minnesota Statutes 2018, sections 13.32, subdivision 3; 13.3805, subdivision 3; 13.43, subdivision 14; 13.82, subdivisions 8, 9, 17; 13.821; 13.84, subdivision 9; 13.871, subdivision 6; 13.88; 119B.21; 119B.26; 120B.22, subdivision 2; 125A.0942, subdivision 4; 135A.15, subdivision 10; 144.225, subdivision 2b; 144.343, subdivision 4; 144.7065, subdivision 10; 144.7068; 144A.472, subdivision 1; 144A.479, subdivision 6; 144A.4796, subdivision 6; 144H.16, subdivision 1; 144H.18, subdivision 3; 145.902, subdivision 3; 145.952, subdivision 2; 146A.025; 148E.240, subdivision 7; 148F.13, subdivision 12; 148F.205, subdivision 1; 153B.70; 214.103, subdivision 8; 214.104; 245.4871, by adding a subdivision; 245.4885, subdivision 1; 245.8261, subdivision 9; 245A.02, subdivision 2c; 245A.04, subdivisions 5, 9; 245A.06, subdivision 8; 245A.07, subdivision 5; 245A.08, subdivision 2a; 245A.085; 245A.11, subdivisions 2a, 7b; 245A.50, as amended; 245C.02, subdivision 5, by adding subdivisions; 245C.04, subdivision 1, by adding a subdivision; 245C.05, subdivision 6; 245C.14, by adding a subdivision; 245C.15, subdivision 4; 245C.16, subdivisions 1, 2; 245C.17, subdivisions 1, 3, by adding a subdivision; 245C.18; 245C.21, subdivision 2; 245C.24, subdivision 4; 245C.25; 245C.27, subdivisions 1, 2; 245C.28, subdivision 1; 245C.29, subdivision 1; 245C.31, subdivision 1; 245C.32, subdivision 2; 245D.02, subdivision 11, by adding a subdivision; 245D.04, subdivision 3; 245D.06, subdivisions 1, 2, 6; 245D.071, subdivision 3; 245D.081, subdivision 2; 245D.09, subdivisions 4, 4a; 245D.10, subdivision 3a; 245D.32, subdivision 5; 245F.02, subdivisions 7, 14; 245F.04, subdivision 1; 245F.06, subdivision 2; 245F.12, subdivisions 2, 3; 245F.15, subdivisions 3, 5; 245F.16, subdivisions 1, 2; 245F.18; 245G.02, subdivision 2; 245G.03, subdivision 1; 245G.09, subdivision 1; 245G.10, subdivision 3; 245G.11, subdivisions 3, 4; 245G.13, subdivision 2; 253B.02, subdivisions 4b, 7, 8, 9, 10, 13, 16, 17, 18, 19, 21, 22, 23, by adding a subdivision; 253B.03, subdivisions 1, 2, 3, 4a, 5, 6, 6b, 6d, 7, 10; 253B.04, subdivisions 1, 1a, 2; 253B.045, subdivisions 2, 3, 5, 6; 253B.06, subdivisions 1, 2, 3; 253B.07, subdivisions 1, 2, 2a, 2b, 2d, 3, 5, 7; 253B.08, subdivisions 1, 2a, 5, 5a; 253B.09, subdivisions 1, 2, 3a, 5; 253B.092; 253B.0921; 253B.095, subdivision 3; 253B.097, subdivisions 1, 2, 3, 6; 253B.10; 253B.12, subdivisions 1, 3, 4, 7; 253B.13, subdivision 1; 253B.14; 253B.141; 253B.15, subdivisions 1, 1a, 2, 3, 3a, 3b, 3c, 5, 7, 9, 10, by adding a subdivision; 253B.16; 253B.17; 253B.18, subdivisions 1, 2, 3, 4a, 4b, 4c, 5, 5a, 6, 7, 8, 10, 11, 12, 14, 15; 253B.19, subdivision 2; 253B.20, subdivisions 1, 2, 3, 4, 6; 253B.21, subdivisions 1, 2, 3; 253B.212, subdivisions 1, 1a, 1b, 2; 253B.22, subdivisions 1, 2, 3, 4; 253B.23, subdivisions 1, 1b, 2; 253B.24; 253D.02, subdivision 6; 253D.07, subdivision 2; 253D.10, subdivision 2; 253D.28, subdivision 2; 254A.09; 256.01, subdivisions 12, 15; 256.0112, subdivision 10; 256.041; 256.045, subdivisions 3, 3b, 4; 256.82, subdivision 2; 256.87, subdivision 8; 256.975, subdivision 12; 256B.0621, subdivision 4; 256B.0625, subdivisions 33, 56a; 256B.0652, subdivision 10; 256B.0653, subdivisions 4, 5, 7; 256B.0654, subdivisions 1, 2a; 256B.0941, subdivisions 1, 3; 256B.0945, subdivision 1; 256B.0949, subdivisions 2, 5, 6, 9, 13, 14, 15, 16; 256B.0951, subdivision 5; 256B.0954; 256B.097, subdivisions 4, 6; 256B.49, subdivision 16; 256B.77, subdivision 17; 256B.85, subdivision 12a; 256D.02, subdivision 17; 256E.21, subdivision 5; 256E.35; 256F.10, subdivisions 1, 4; 256I.03, subdivisions 3, 14; 256I.05, subdivisions 1c, 1n, 8; 256I.06, subdivision 2, by adding a subdivision; 256J.08, subdivision 73a; 256L.07, subdivision 4; 256M.10, subdivision 2; 256M.40,


Journal of the House - 89th Day - Thursday, May 7, 2020 - Top of Page 8010

subdivision 1; 256M.41, subdivision 1; 256N.02, subdivision 14a; 256N.21, subdivisions 2, 5; 256N.24, subdivision 4; 256P.01, by adding a subdivision; 257.0725; 257.0764; 257.70; 260.012; 260.761, subdivision 2; 260B.171, subdivision 6; 260C.007, subdivisions 3, 5, 6, 13, by adding subdivisions; 260C.150, subdivision 3; 260C.157, subdivision 3; 260C.171, subdivision 3; 260C.177; 260C.202; 260C.204; 260C.209, subdivision 2; 260C.212, subdivisions 1, 4a, 12, by adding a subdivision; 260C.219; 260C.221; 260C.227; 260C.4412; 260C.503, subdivision 2, by adding a subdivision; 260D.01; 260D.02, subdivisions 3, 5; 388.051, subdivision 2; 518.005, subdivision 5; 518.165, subdivisions 2, 5; 518A.53, subdivision 11; 518A.68; 518A.685; 524.5-118, subdivision 2; 595.02, subdivisions 1, 2; 609.26, subdivision 7; 609.3457, subdivision 2; 609.379, subdivision 2; 609.507; 609.7495, subdivision 1; 611A.203, subdivision 4; 611A.90, subdivision 1; 626.557, subdivision 9d; Minnesota Statutes 2019 Supplement, sections 13.46, subdivisions 3, 4; 119B.011, subdivision 19; 122A.20, subdivision 2; 122A.40, subdivision 13; 122A.41, subdivision 6; 144A.4796, subdivision 2; 148B.593; 243.166, subdivision 7; 245.4889, subdivision 1; 245.735, subdivision 3; 245A.07, subdivision 3; 245A.145, subdivision 1; 245A.149; 245A.16, subdivision 1; 245A.40, subdivisions 1, 7; 245C.03, subdivision 1; 245C.05, subdivision 4; 245C.08, subdivision 1; 245C.13, subdivision 2; 245D.09, subdivision 5; 245G.12; 245G.13, subdivision 1; 245H.11; 254A.03, subdivision 3, as amended; 254B.04, subdivision 1; 254B.05, subdivision 1; 256.01, subdivision 14b; 256B.056, subdivision 5c; 256B.0625, subdivision 5m; 256B.064, subdivision 2; 256B.0711, subdivision 1; 256B.0911, subdivision 3a; 256B.85, subdivision 10; 256I.04, subdivision 2b; 256S.01, subdivision 6; 256S.19, subdivision 4; 260B.198, subdivision 1; 260C.139, subdivision 3; 260C.178, subdivision 1; 260C.201, subdivision 6; 260C.212, subdivision 2; 299C.093; Laws 2016, chapter 189, article 15, section 29; Laws 2017, First Special Session chapter 6, article 7, section 33, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapters 120A; 253B; 256B; 256K; 260; 260C; 518A; proposing coding for new law as Minnesota Statutes, chapter 260E; repealing Minnesota Statutes 2018, sections 245F.02, subdivision 20; 253B.02, subdivisions 6, 12a; 253B.05, subdivisions 1, 2, 2b, 3, 4; 253B.064; 253B.065; 253B.066; 253B.09, subdivision 3; 253B.12, subdivision 2; 253B.15, subdivision 11; 253B.20, subdivision 7; 626.556, subdivisions 1, 3, 3a, 3c, 3d, 3f, 4, 4a, 5, 6, 6a, 7, 7a, 8, 9, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, 10m, 10n, 11a, 11b, 11c, 11d, 12, 14, 15, 16; 626.5561; 626.5562; 626.558; 626.559, subdivisions 1, 1a, 1b, 2, 3, 5; 626.5591; 626.561; Minnesota Statutes 2019 Supplement, section 626.556, subdivisions 2, 3b, 3e, 10, 11; Laws 2005, First Special Session chapter 4, article 7, sections 50; 51; Laws 2012, chapter 247, article 4, section 47, as amended; Laws 2015, chapter 71, article 7, section 54, as amended; Laws 2017, First Special Session chapter 6, article 1, sections 44, as amended; 45, as amended.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Bernardy from the Higher Education Finance and Policy Division to which was referred:

 

H. F. No. 3232, A bill for an act relating to education; creating a pilot project for training career and technical education teachers; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 3232 was re‑referred to the Committee on Rules and Legislative Administration.


Journal of the House - 89th Day - Thursday, May 7, 2020 - Top of Page 8011

Bernardy from the Higher Education Finance and Policy Division to which was referred:

 

H. F. No. 3392, A bill for an act relating to higher education; providing for policy changes for the Office of Higher Education, including financial aid, institutional approval, and the Minnesota college savings plan; requiring a report; amending Minnesota Statutes 2018, sections 135A.15, subdivision 1a; 136A.01, subdivision 1; 136A.031, subdivision 3; 136A.121, by adding a subdivision; 136A.125, subdivision 3; 136A.1275, subdivision 1; 136A.1701, subdivision 4; 136A.1791, subdivisions 1, 3; 136A.1795, subdivision 4; 136A.65, subdivisions 4, 7, 8; 136A.657, subdivisions 1, 2, 3; 136A.822, subdivision 8; 136A.827, subdivision 4; 136A.829, subdivision 1; 136A.833, subdivision 1; 136A.834, subdivisions 1, 2; 136G.01; 136G.03, subdivisions 8, 10, 11, 20, 22, 29, 30, 31, 32, by adding subdivisions; 136G.05, subdivisions 2, 5, 7, 10; 136G.09, subdivision 8; 136G.11, subdivisions 11, 13; 136G.13; 136G.14; proposing coding for new law in Minnesota Statutes, chapter 136A; repealing Minnesota Statutes 2018, sections 124D.09, subdivision 10a; 136G.03, subdivision 4; 136G.05, subdivision 6.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

OFFICE OF HIGHER EDUCATION

 

Section 1.  Minnesota Statutes 2018, section 124D.09, subdivision 10a, is amended to read:

 

Subd. 10a.  Statewide concurrent enrollment participant survey evaluation.  (a) Postsecondary institutions offering courses taught by the secondary teacher according to subdivision 10, and are members in the National Alliance of Concurrent Enrollment Partnerships (NACEP), must report all required NACEP evaluative survey results by September 1 of each year to the commissioners of the Office of Higher Education and the Department of Education.  The commissioners must report by December 1 of each year to the committees of the legislature having jurisdiction over early education through grade 12 education.

 

(b) Postsecondary institutions that have not adopted and implemented the NACEP program standards and required evidence for accreditation, are required to conduct an annual survey of concurrent enrolled students who successfully completed the course who are one year out of high school, beginning with the high school graduating class of 2016.  By September 1 of each year, the postsecondary institutions must report the evaluative survey results to the commissioners of the Office of Higher Education and the Department of Education.  The commissioner must report by December 1 of each year to the committees of the legislature having jurisdiction over early education through grade 12 education.  The survey must include, at a minimum, the following student information:

 

(1) the participant's future education plans, including the highest degree or certification planned;

 

(2) whether the participant is enrolled or plans to enroll in a Minnesota postsecondary institution, either public or private;

 

(3) the number of credits accepted or denied by postsecondary institutions;

 

(4) the college or university attended;

 

(5) the participant's satisfaction level with the concurrent enrollment program;

 

(6) the participant's demographics, such as gender, parent education level, qualification for free or reduced-price lunch in high school, Pell grant qualification, and ethnicity; and

 

(7) a place for participants to provide comments.


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The Office of Higher Education and the Department of Education shall collaborate in order to provide annual statewide evaluative information on concurrent enrollment programs to the legislature.  The commissioners of the Office of Higher Education and the Department of Education, in consultation with stakeholders, including students and parents, must determine what student demographics and outcomes data are appropriate to include in the evaluation, and must use systems available to the office and department to minimize the reporting burden on postsecondary institutions.  The commissioners must report by December 1, 2021, and each year thereafter, to the committees of the legislature with jurisdiction over early education through grade 12 and Minnesota State Colleges and Universities.

 

Sec. 2.  Minnesota Statutes 2018, section 135A.15, subdivision 1a, is amended to read:

 

Subd. 1a.  Sexual assault definition.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Incident" means one report of sexual assault to a postsecondary institution, regardless of the number of complainants included in the report, the number of respondents included in the report, and whether or not the identity of any party is known by the reporting postsecondary institution.  Incident encompasses all nonconsensual events included within one report if multiple events have been identified.

 

(c) "Sexual assault" means rape, sex offenses - fondling, sex offenses - incest, or sex offenses - statutory rape as defined in Code of Federal Regulations, title 34, part 668, subpart D, appendix A, as amended.

 

Sec. 3.  Minnesota Statutes 2018, section 136A.01, subdivision 1, is amended to read:

 

Subdivision 1.  Creation.  The Office of Higher Education, which may also be known as the Minnesota Office of Higher Education, is created with a commissioner appointed by the governor with the advice and consent of the senate and serving at the pleasure of the governor.

 

Sec. 4.  Minnesota Statutes 2018, section 136A.031, subdivision 3, is amended to read:

 

Subd. 3.  Student Advisory Council.  (a) A Student Advisory Council (SAC) to the office is established.  The members of SAC shall include:  the chair of the University of Minnesota student senate; the state chair of the Minnesota State University Student Association; the president of the Minnesota State College Student Association and an officer of the Minnesota State College Student Association, one in a community college course of study and one in a technical college course of study; a student who is enrolled in a private nonprofit postsecondary institution, to be elected by students enrolled in Minnesota Private College Council institutions; and a student who is enrolled in a private for-profit postsecondary institution career school, to be elected by students enrolled in Minnesota Career College Association institutions private career schools; and a student who is enrolled in a Minnesota tribal college, to be elected by students enrolled in Minnesota tribal colleges.  If students from the private career schools or tribal colleges do not elect a representative, the commissioner must appoint a student representative.  If students from the Minnesota Private College Council institutions do not elect a representative, the Minnesota Private College Council must appoint the private nonprofit representative.  If students from the Minnesota Career College Association institutions do not elect a representative, the Minnesota Career College Association must appoint the private for‑profit representative.  A member may be represented by a student designee who attends an institution from the same system that the absent member represents.  The SAC shall select one of its members to serve as chair.

 

(b) The office shall inform the SAC of all matters related to student issues under consideration.  The SAC shall report to the office quarterly and at other times that the SAC considers desirable.  The SAC shall determine its meeting times, but it shall also meet with the office within 30 days after the commissioner's request for a meeting.

 

(c) The SAC shall:

 

(1) bring to the attention of the office any matter that the SAC believes needs the attention of the office;


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(2) make recommendations to the office as it finds appropriate; and

 

(3) approve student appointments by the office for each advisory group as provided in subdivision 4.

 

Sec. 5.  [136A.032] COMMUNITY AND COMMISSIONER PARTICIPATION IN POSTSECONDARY EDUCATION OF AMERICAN INDIANS.

 

Subdivision 1.  Definition.  (a) The term used in this section has the meaning given in this subdivision.

 

(b) "Tribal Nations Education Committee" means the committee established through tribal directive, for which the commissioner consults on matters related to American Indian postsecondary education programs, policy, and all matters related to educating Minnesota's American Indian postsecondary students.  The membership of the Tribal Nations Education Committee is determined by and at the sole discretion of the committee members, and nothing in this section authorizes the commissioner to dictate committee membership.

 

Subd. 2.  American Indian community involvement.  The commissioner must provide for the involvement of the Tribal Nations Education Committee, American Indian postsecondary students, and representatives of community groups in the establishment of programs, formation of policies, and all other matters related to the postsecondary education of Minnesota's American Indian students.

 

Subd. 3.  Consultation with the Tribal Nations Education Committee.  (a) The commissioner shall seek consultation with the Tribal Nations Education Committee regarding programs, policies, and all other matters related to the postsecondary education of Minnesota's American Indian students.

 

(b) Nothing in this subdivision prevents the commissioner from seeking consultation with individual tribal nations.

 

Sec. 6.  [136A.096] FINANCIAL AID GOALS.

 

The legislature directs the commissioner of the Office of Higher Education, in coordination with the Minnesota Department of Education and the Minnesota Association of Secondary School Principals, to set an annual goal for the percentage of Minnesota's high school seniors completing the Free Application for Federal Student Aid (FAFSA).

 

Sec. 7.  Minnesota Statutes 2018, section 136A.103, is amended to read:

 

136A.103 INSTITUTION ELIGIBILITY REQUIREMENTS.

 

(a) A postsecondary institution is eligible for state student aid under chapter 136A and sections 197.791 and 299A.45, if the institution is located in this state and:

 

(1) is operated by this state or the Board of Regents of the University of Minnesota; or

 

(2) is operated privately and, as determined by the office, meets the requirements of paragraph (b).

 

(b) A private institution must:

 

(1) maintain academic standards substantially equivalent to those of comparable institutions operated in this state;

 

(2) be licensed or registered as a postsecondary institution by the office; and

 

(3) meet the additional security requirement under section 136A.646; and


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(3) (4) (i) by July 1, 2010, participate in the federal Pell Grant program under Title IV of the Higher Education Act of 1965, Public Law 89-329, as amended; or

 

(ii) if an institution was participating in state student aid programs as of June 30, 2010, and the institution did not participate in the federal Pell Grant program by June 30, 2010, the institution must require every student who enrolls to sign a disclosure form, provided by the office, stating that the institution is not participating in the federal Pell Grant program.

 

(c) An institution that offers only graduate-level degrees or graduate-level nondegree programs is an eligible institution if the institution is licensed or registered as a postsecondary institution by the office.

 

(d) An eligible institution under paragraph (b), clause (3) (4), item (ii), that changes ownership as defined in section 136A.63, subdivision 2, must participate in the federal Pell Grant program within four calendar years of the first ownership change to continue eligibility.  The office may terminate an institution's eligibility to participate in state student aid programs under this paragraph if the institution fails to make substantive progress toward participation in the federal Pell Grant program within the required four years.

 

(e) An institution that loses its eligibility for the federal Pell Grant program is not an eligible institution and the office may terminate an institution's eligibility to participate in state student aid programs effective the date of the loss of eligibility for the federal Pell Grant program.

 

(f) An institution must maintain adequate administrative and financial standards and compliance with all state statutes, rules, and administrative policies related to state financial aid programs.  The office may terminate a postsecondary institution's eligibility to participate in state student aid programs if the institution meets any of the following criteria:

 

(1) it violates a provision of Minnesota Statutes, Minnesota Rules, or administrative policies governing student aid programs and fails to correct the violation and reimburse the office for audit findings within the time frame specified in the audit report or other notice furnished by the office;

 

(2) it has a consistent pattern of noncompliance with Minnesota Statutes, Minnesota Rules, or administrative policies governing student aid programs as documented by the office or lacks administrative capability to successfully administer student financial aid programs on campus based on factors, including but not limited to:

 

(i) adequacy of financial aid staffing levels, experience, training, and turnover of key financial aid staff;

 

(ii) adequate checks and balances in its system of internal controls;

 

(iii) maintenance of records required for programs; or

 

(iv) the ability to participate in the electronic processes used for program administration;

 

(3) it refuses to allow inspection of or provide information relating to financial aid records after written request by the office;

 

(4) it has been administratively or judicially determined to have committed fraud or any other material violation of law involving federal, state, or local government funds;

 

(5) it falsifies information or engages in misleading or deceptive practices involving the administration of student financial aid programs;


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(6) it no longer meets institutional eligibility criteria in this section or additional criteria for state grant participation in Minnesota Rules, part 4830.0300; or

 

(7) it is terminated from participating in federal financial aid programs by the United States Department of Education, if the termination was based on a violation of laws, regulations, or participation agreements governing federal financial aid programs.

 

Sec. 8.  [136A.1041] TERMINATION PROCEDURE.

 

The office shall provide written notice of its intent to terminate an institution's eligibility to participate in student financial aid programs if the institution meets any of the criteria for termination in section 136A.103.  The office shall send the institution written notification of the termination, which is effective 90 days after the date of the written notification.  The 90-day notice under this provision does not apply to termination under section 136A.103, paragraph (e).  The office shall also provide an institution an opportunity for a hearing under chapter 14. 

 

Sec. 9.  [136A.1042] REQUEST FOR HEARING.

 

An institution may request a hearing under chapter 14 regarding its termination of eligibility to participate in a student aid program.  The request must be in writing and must be received by the commissioner within 30 days after the date on the written notification of termination sent by the office.

 

Sec. 10.  Minnesota Statutes 2018, section 136A.121, is amended by adding a subdivision to read:

 

Subd. 21.  Institutional prohibition.  An institution receiving financial aid under this section must not suspend or withdraw a student from class attendance and resources during a period of instruction due to an unpaid student account balance unless the student is eligible for a full tuition and fee refund.  A period of instruction for the purposes of this subdivision means a new academic term that may be measured in semesters, trimesters, quarters, interim terms, mini terms, or one or more modules so that a student who begins attendance in that new academic term incurs additional tuition and fee charges beyond any outstanding student account balance due to the institution for prior completed terms of enrollment.  An institution that measures a program in clock hours and that includes language in the enrollment contract between it and the student to only charge tuition by payment period, is also covered by this subdivision.

 

Sec. 11.  Minnesota Statutes 2018, section 136A.125, subdivision 3, is amended to read:

 

Subd. 3.  Eligible institution.  A Minnesota public postsecondary institution, a Minnesota private, baccalaureate degree granting degree-granting college or university, or a Minnesota nonprofit two-year vocational technical school granting associate degrees, or a Minnesota postsecondary institution offering only graduate or professional degrees is eligible to receive child care funds from the office and disburse them to eligible students.

 

Sec. 12.  Minnesota Statutes 2018, section 136A.1275, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment.  (a) The commissioner of the Office of Higher Education must establish a grant program for student teaching stipends for low-income students enrolled in a Professional Educator Licensing and Standards Board-approved teacher preparation program who intend to teach in a shortage area after graduating and receiving their teaching license or belong to an underrepresented racial or ethnic group.

 

(b) "Shortage area" means a license field or economic development region within Minnesota defined as a shortage area by the Department of Education Professional Educator Licensing and Standards Board in coordination with the commissioner using data collected for the teacher supply and demand report under section 127A.05, subdivision 6, or other surveys conducted by the Department of Education that provide indicators for teacher supply and demand 122A.091, subdivision 5.


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Sec. 13.  Minnesota Statutes 2018, section 136A.1701, subdivision 4, is amended to read:

 

Subd. 4.  Terms and conditions of loans.  (a) The office may loan money upon such terms and conditions as the office may prescribe.

 

(b) The maximum loan amount to students enrolled in a bachelor's degree program, postbaccalaureate, or graduate program must be determined annually by the office.  For all other eligible students, the principal amount of the loan must not exceed $7,500 per grade level.  Loan limits are defined based on the type of program enrollment, such as a certificate, an associate's degree, a bachelor's degree, or a graduate program.  The aggregate principal amount of all loans made subject to this paragraph to a student as an undergraduate and graduate student must not exceed $140,000.  The amount of the loan must not exceed the cost of attendance as determined by the eligible institution less all other financial aid, including PLUS loans or other similar parent loans borrowed on the student's behalf.  The cumulative SELF loan debt must not exceed the borrowing maximums in paragraph (c).

 

(c) (1) The cumulative borrowing maximums must be determined annually by the office for students enrolled in a bachelor's degree program or postbaccalaureate program and are defined based on program enrollment.  In determining the cumulative borrowing maximums, the office shall, among other considerations, take into consideration the maximum SELF loan amount, student financing needs, funding capacity for the SELF program, delinquency and default loss management, and current financial market conditions.

 

(2) For all other eligible students, the cumulative borrowing maximums are:

 

(i) grade level 1, $7,500;

 

(ii) grade level 2, $15,000;

 

(iii) grade level 3, $22,500;

 

(iv) grade level 4, $30,000; and

 

(v) grade level 5, $37,500.

 

Sec. 14.  Minnesota Statutes 2018, section 136A.1791, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) The terms used in this section have the meanings given them in this subdivision.

 

(b) "Qualified educational loan" means a government, commercial, or foundation loan for actual costs paid for tuition and reasonable educational and living expenses related to a teacher's preparation or further education.

 

(c) "School district" means an independent school district, special school district, intermediate district, education district, special education cooperative, service cooperative, a cooperative center for vocational education, or a charter school located in Minnesota.

 

(d) "Teacher" means an individual holding a teaching license issued by the Professional Educator Licensing and Standards Board who is employed by a school district to provide classroom instruction.

 

(e) "Teacher shortage area" means:

 

(1) the licensure fields and economic development regions reported by the commissioner of education Professional Educator Licensing and Standards Board in coordination with the commissioner as experiencing a teacher shortage; and


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(2) economic development regions where there is a shortage of licensed teachers who reflect the racial or ethnic diversity of students in the region as reported by the commissioner of education Professional Educator Licensing and Standards Board in coordination with the commissioner.

 

(f) "Commissioner" means the commissioner of the Office of Higher Education unless indicated otherwise.

 

Sec. 15.  Minnesota Statutes 2018, section 136A.1791, subdivision 3, is amended to read:

 

Subd. 3.  Use of report on teacher shortage areas.  The commissioner of education shall use Using data collected for the teacher supply and demand report to the legislature to under section 122A.091, subdivision 5, the Professional Educator Licensing and Standards Board shall identify the licensure fields and economic development regions in Minnesota experiencing a teacher shortage.

 

Sec. 16.  Minnesota Statutes 2018, section 136A.1795, subdivision 4, is amended to read:

 

Subd. 4.  Loan forgiveness.  (a) The commissioner may select a maximum of five eligible applicants each year for participation in the loan forgiveness program, within the limits of available funding.  Applicants are responsible for securing their own qualified educational loans.

 

(b) The commissioner must select participants based on their suitability for practice serving the designated rural area, as indicated by experience or training.  The commissioner must give preference to applicants closest to completing their training.

 

(c) The commissioner must make annual disbursements directly to the participant of $15,000 or the balance of the participant's qualifying educational loans, whichever is less, for each year that a participant meets the service obligation required under subdivision 3, paragraph (b), up to a maximum of five years.

 

(d) Before receiving loan repayment disbursements and as requested, the participant must complete and return to the commissioner a confirmation of practice form provided by the commissioner verifying that the participant is practicing as required under subdivision 2, paragraph (a).  The participant must provide the commissioner with verification that the full amount of loan repayment disbursement received by the participant has been applied toward the designated loans.  After each disbursement, verification must be received by the commissioner and approved before the next loan repayment disbursement is made.

 

(e) Participants who move their practice remain eligible for loan repayment as long as they practice as required under subdivision 2, paragraph (a).

 

Sec. 17.  Minnesota Statutes 2019 Supplement, section 136A.64, subdivision 1, is amended to read:

 

Subdivision 1.  Schools to provide information.  As a basis for registration, schools shall provide the office with such information as the office needs to determine the nature and activities of the school, including but not limited to the following which shall be accompanied by an affidavit attesting to its accuracy and truthfulness:

 

(1) articles of incorporation, constitution, bylaws, or other operating documents;

 

(2) a duly adopted statement of the school's mission and goals;

 

(3) evidence of current school or program licenses granted by departments or agencies of any state;


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(4) a fiscal balance sheet on an accrual basis, or a certified audit of the immediate past fiscal year including any management letters provided by the independent auditor or, if the school is a public institution outside Minnesota, an income statement for the immediate past fiscal year compliance audits and audited financial statements that meet the requirements of Code of Federal Regulations, title 34, section 668.23; United States Code, title 20, chapter 28, section 1094; Code of Federal Regulations, title 2, subpart A, part 200, subpart F, under 200.501 and 200.503; and United States Code, title 31, chapter 75;

 

(5) all current promotional and recruitment materials and advertisements; and

 

(6) the current school catalog and, if not contained in the catalog:

 

(i) the members of the board of trustees or directors, if any;

 

(ii) the current institutional officers;

 

(iii) current full-time and part-time faculty with degrees held or applicable experience;

 

(iv) a description of all school facilities;

 

(v) a description of all current course offerings;

 

(vi) all requirements for satisfactory completion of courses, programs, and degrees;

 

(vii) the school's policy about freedom or limitation of expression and inquiry;

 

(viii) a current schedule of fees, charges for tuition, required supplies, student activities, housing, and all other standard charges;

 

(ix) the school's policy about refunds and adjustments;

 

(x) the school's policy about granting credit for prior education, training, and experience;

 

(xi) the school's policies about student admission, evaluation, suspension, and dismissal; and

 

(xii) the school's disclosure to students on the student complaint process under section 136A.672.; and

 

(7) requested information to calculate the financial and nonfinancial metrics under section 136A.675.

 

Sec. 18.  Minnesota Statutes 2019 Supplement, section 136A.646, is amended to read:

 

136A.646 ADDITIONAL SECURITY.

 

(a) New schools institutions that have been granted conditional approval for degrees or names to allow them the opportunity to apply for and receive accreditation under section 136A.65, subdivision 7, shall provide a surety bond in a sum equal to ten percent of the net revenue from tuition and fees in the registered institution's prior fiscal year, but in no case shall the bond be less than $10,000.

 

(b) Any registered institution that is notified by the United States Department of Education that it has fallen below minimum financial standards and that its continued participation in Title IV will be conditioned upon its satisfying either the Zone Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c), shall provide a an


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annual surety bond in a sum equal to the "letter of credit" required by the United States Department of Education in the Letter of Credit Alternative, but in no event shall such bond be less than $10,000 nor more than $250,000.  If the letter of credit required by the United States Department of Education is higher than ten percent of the Title IV, Higher Education Act program funds received by the institution during its most recently completed fiscal year, the office shall reduce the office's surety requirement to represent ten percent of the Title IV, Higher Education Act program funds received by the institution during its most recently completed fiscal year, subject to the minimum and maximum in this paragraph ten percent of the net tuition revenue from tuition and fees received from students in Minnesota enrolled in the school's previous fiscal year.

 

(c) If the office determines that any registered institution does not meet the financial resource criteria under section 136A.65, subdivision 4, paragraph (a), clause (2), or determines that any registered institution is vulnerable to a precipitous closure under section 136A.675, the office may:

 

(1) require an increased surety bond in the amount necessary to cover the costs under paragraph (f);

 

(2) prohibit a registered institution from accepting tuition and fee payments made through cash, alternative loans, or the equivalent prior to the add/drop period of the current period of instruction; or

 

(3) prohibit a registered institution from enrolling new students.

 

(c) (d) In lieu of a bond, the applicant may deposit with the commissioner of management and budget:

 

(1) a sum equal to the amount of the required surety bond in cash;

 

(2) securities, as may be legally purchased by savings banks or for trust funds, in an aggregate market value equal to the amount of the required surety bond; or

 

(3) an irrevocable letter of credit issued by a financial institution to the amount of the required surety bond.

 

(d) (e) The surety of any bond may cancel it upon giving 60 days' notice in writing to the office and shall be relieved of liability for any breach of condition occurring after the effective date of cancellation.

 

(e) (f) In the event of a school closure, the additional security must first be used funds must be given priority in the following order:

 

(1) to destroy any private educational data under section 13.32 left at a physical campus in Minnesota after all other governmental agencies have recovered or retrieved records under their record retention policies.  Any remaining funds must then be used;

 

(2) to reimburse state student aid under this chapter and sections 197.791 and 299A.45;

 

(3) to reimburse cash payments made by or on behalf of a student for tuition and fee costs to students that were enrolled at the time of the closure or had withdrawn in the previous 120 180 calendar days but did not graduate.  Priority for refunds will be given to students in the following order:;

 

(1) cash payments made by the student or on behalf of a student;

 

(2) (4) to reimburse private student loans; and used by or on behalf of a student for tuition and fee costs to students who were enrolled at the time of the closure or had withdrawn in the previous 180 calendar days but did not graduate;


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(3) (5) to reimburse Veteran Administration education benefits that are not restored by the Veteran Administration.  If there are additional security funds remaining, the additional security funds may be used to cover and that were used by or on behalf of a student for tuition and fee costs to students that were enrolled at the time of the closure or had withdrawn in the previous 180 calendar days but did not graduate;

 

(6) to reimburse tuition and fee costs for coursework that did not transfer to a new institution unless the costs were paid for with Title IV, Higher Education Act program funds that are dischargeable through cancellation or discharge; and

 

(7) to reimburse any administrative costs incurred by the office related to the closure of the school.

 

(g) In the event any registered institution is unable to meet the additional surety requirement, the office may grant the registered institution conditional approval under section 136A.65, subdivision 7, subject to the state financial aid program restrictions under section 136A.65, subdivision 8, paragraph (d), and a restriction that prohibits the enrollment of new or prospective students.

 

Sec. 19.  Minnesota Statutes 2018, section 136A.65, subdivision 4, is amended to read:

 

Subd. 4.  Criteria for approval.  (a) A school applying to be registered and to have its degree or degrees and name approved must substantially meet the following criteria:

 

(1) the school has an organizational framework with administrative and teaching personnel to provide the educational programs offered;

 

(2) the school has financial resources sufficient to meet the school's financial obligations, including refunding tuition and other charges consistent with its stated policy if the institution is dissolved, or if claims for refunds are made, to provide service to the students as promised, and to provide educational programs leading to degrees as offered;

 

(3) the school operates in conformity with generally accepted accounting principles according to the type of school;

 

(4) the school provides an educational program leading to the degree it offers;

 

(5) the school provides appropriate and accessible library, laboratory, and other physical facilities to support the educational program offered;

 

(6) the school has a policy on freedom or limitation of expression and inquiry for faculty and students which is published or available on request;

 

(7) the school uses only publications and advertisements which are truthful and do not give any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school, its personnel, programs, services, or occupational opportunities for its graduates for promotion and student recruitment;

 

(8) the school's compensated recruiting agents who are operating in Minnesota identify themselves as agents of the school when talking to or corresponding with students and prospective students;

 

(9) the school provides information to students and prospective students concerning:

 

(i) comprehensive and accurate policies relating to student admission, evaluation, suspension, and dismissal;


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(ii) clear and accurate policies relating to granting credit for prior education, training, and experience and for courses offered by the school;

 

(iii) current schedules of fees, charges for tuition, required supplies, student activities, housing, and all other standard charges;

 

(iv) policies regarding refunds and adjustments for withdrawal or modification of enrollment status; and

 

(v) procedures and standards used for selection of recipients and the terms of payment and repayment for any financial aid program; and

 

(10) the school must not withhold a student's official transcript because the student is in arrears or in default on any loan issued by the school to the student if the loan qualifies as an institutional loan under United States Code, title 11, section 523(a)(8)(b).;

 

(11) the school has a process to receive and act on student complaints; and

 

(12) the school has cooperated with the office in the screening, inquiry, monitoring, and contingency planning and notification process under section 136A.675.

 

(b) An application for degree approval must also include:

 

(i) title of degree and formal recognition awarded;

 

(ii) location where such degree will be offered;

 

(iii) proposed implementation date of the degree;

 

(iv) admissions requirements for the degree;

 

(v) length of the degree;

 

(vi) projected enrollment for a period of five years;

 

(vii) the curriculum required for the degree, including course syllabi or outlines;

 

(viii) statement of academic and administrative mechanisms planned for monitoring the quality of the proposed degree;

 

(ix) statement of satisfaction of professional licensure criteria, if applicable;

 

(x) documentation of the availability of clinical, internship, externship, or practicum sites, if applicable; and

 

(xi) statement of how the degree fulfills the institution's mission and goals, complements existing degrees, and contributes to the school's viability.

 

Sec. 20.  Minnesota Statutes 2018, section 136A.65, subdivision 7, is amended to read:

 

Subd. 7.  Conditional approval.  (a) The office may grant a school a one-year conditional approval for a degree or use of a term in its name if doing so would be in the best interests of currently enrolled students or prospective students.  Conditional approval of a degree or use of a term under this paragraph must not exceed a period of three years.


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(b) The office may grant new schools physically located in Minnesota and new programs a one-year conditional approval for degrees or use of a term in its name to allow the school the opportunity to apply for and receive accreditation as required in subdivision 1a.  Conditional approval of a school or program under this paragraph must not exceed a period of five years.  A new school or program granted conditional approval may be allowed to continue in order to complete an accreditation process upon terms and conditions the office determines.

 

(c) The office may grant a registered school a one-year conditional approval for degrees or use of a term in its name to allow the school the opportunity to apply for and receive accreditation as required in subdivision 1a if the school's accrediting agency is no longer recognized by the United States Department of Education for purposes of eligibility to participate in Title IV federal financial aid programs.  The office must not grant conditional approvals under this paragraph to a school for a period of more than five years.

 

(d) The office may grant a registered school a one-year conditional approval for degrees or use of a term in its name to allow the school to change to a different accrediting agency recognized by the United States Department of Education for purposes of eligibility to participate in Title IV federal financial aid programs.  The office must not grant conditional approvals under this paragraph to a school for a period of more than five years.

 

Sec. 21.  Minnesota Statutes 2018, section 136A.65, subdivision 8, is amended to read:

 

Subd. 8.  Disapproval of registration; appeal.  (a) By giving written notice and reasons to the school, the office may refuse to renew,:

 

(1) revoke, or suspend, or refuse to renew registration,;

 

(2) refuse approval of a school's degree, or; and

 

(3) refuse approval of use of a regulated term in its name by giving written notice and reasons to the school.

 

(b) Reasons for revocation or suspension of registration or approval may be for one or more of the following reasons:

 

(1) violating the provisions of sections 136A.61 to 136A.71;

 

(2) providing false, misleading, or incomplete information to the office;

 

(3) presenting information about the school which is false, fraudulent, misleading, deceptive, or inaccurate in a material respect to students or prospective students; or

 

(4) refusing to allow reasonable inspection or to supply reasonable information after a written request by the office has been received.;

 

(5) using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility, in the conduct of business in this state or elsewhere;

 

(6) having been administratively determined by the commissioner or judicially determined to have committed fraud or any other material violation of law involving federal, state, or local government funds;

 

(7) failing to have enrollment within the last two years at the school;

 

(8) failing to have any enrollment within two years of a program's approval;

 

(9) failing to provide the additional surety required under section 136A.646; or


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(10) the office has determined the school is vulnerable to closure under section 136A.675.

 

(c) Any order refusing, revoking, or suspending a school's registration, approval of a school's degree, or use of a regulated term in the school's name is appealable in accordance with chapter 14.  The request must be in writing and made to the office within 30 days of the date the school is notified of the action of the office.  If a school has been operating and its registration has been revoked, suspended, or refused by the office, the order is not effective until the final determination of the appeal, unless immediate effect is ordered by the court.

 

(d) If the office issues an order refusing, revoking, or suspending a school's registration, approval of a school's degree, or use of a regulated term in the school's name or issues an order granting conditional approval due to a school's failure to meet the risk analysis requirements under section 136A.675, the office may take the following actions for the administration of state student aid under this chapter and sections 197.791 and 299A.45:

 

(1) withhold payment of state student aid;

 

(2) oversee the transfer of state student aid to the school to ensure payment of state student aid in excess of tuition and fees to students;

 

(3) require the return of any advance state student aid payments made to the school;

 

(4) require documentation of the proper use of state student aid payments, including proof of payment of state student aid in excess of tuition and fees; and

 

(5) issue payments of state financial aid directly to a student.

 

Sec. 22.  Minnesota Statutes 2018, section 136A.653, subdivision 1, is amended to read:

 

Subdivision 1.  Application.  A school that seeks an exemption under this section from the provisions of sections 136A.61 to 136A.71 must apply to the office to establish that the school meets the requirements of an exemption.  An exemption expires two years from the date of approval or when a school adds a new program or makes a modification equal to or greater than 25 percent to an existing educational program.  If a school is reapplying for an exemption, the application must be submitted to the office 90 days before the current exemption expires.  This exemption shall not extend to any school that uses any publication or advertisement that is not truthful and gives any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school or its personnel, programs, services, or occupational opportunities for graduates for promotion and student recruitment.

 

Sec. 23.  Minnesota Statutes 2018, section 136A.657, subdivision 1, is amended to read:

 

Subdivision 1.  Exemption.  Any (a) A program is exempt from the provisions of sections 136A.61 to 136A.71 if it is:

 

(1) offered by a school or any department or branch of a school (a) which that is substantially owned, operated, or supported by a bona fide church or religious organization; (b) whose programs are

 

(2) primarily designed for, aimed at and attended by persons who sincerely hold or seek to learn the particular religious faith or beliefs of that church or religious organization; and

 

(c) whose programs are (3) primarily intended to prepare its students to become ministers of, to enter into some other vocation closely related to, or to conduct their lives in consonance with, the particular faith of that church or religious organization, is exempt from the provisions of sections 136A.61 to 136A.834.


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(b) A school or a department or branch of a school is exempt from the provisions of sections 136A.61 to 136A.71 if all of its programs are exempt under paragraph (a).

 

Sec. 24.  Minnesota Statutes 2018, section 136A.657, subdivision 2, is amended to read:

 

Subd. 2.  Limitation.  (a) This exemption shall not extend to any program or school or to any department or branch of a school which that through advertisements or solicitations represents to any students or prospective students that the school, its aims, goals, missions or purposes or its programs are different from those described in subdivision 1.

 

(b) This exemption shall not extend to any school which that represents to any student or prospective student that the major purpose of its programs is to:

 

(1) prepare the student for a vocation not closely related to that particular religious faith,; or to

 

(2) provide the student with a general educational program recognized by other schools or the broader educational, business or social community as being substantially equivalent to the educational programs offered by schools or departments or branches of schools which that are not exempt from sections 136A.61 to 136A.71, and rules adopted pursuant thereto.

 

(c) This exemption shall not extend to any school that uses any publication or advertisement that is not truthful and gives any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school; its personnel, programs, or services; or occupational opportunities for its graduates for promotion and student recruitment.

 

Sec. 25.  Minnesota Statutes 2018, section 136A.657, subdivision 3, is amended to read:

 

Subd. 3.  Scope.  Nothing in sections 136A.61 to 136A.834 136A.71, or the rules adopted pursuant thereto, shall be interpreted as permitting the office to determine the truth or falsity of any particular set of religious beliefs.

 

Sec. 26.  Minnesota Statutes 2018, section 136A.658, is amended to read:

 

136A.658 EXEMPTION; STATE AUTHORIZATION RECIPROCITY AGREEMENT SCHOOLS.

 

(a) The office may participate in an interstate reciprocity agreement regarding postsecondary distance education if it determines that participation is in the best interest of Minnesota postsecondary students.

 

(b) If the office decides to participate in an interstate reciprocity agreement, an institution that meets the following requirements is exempt from the provisions of sections 136A.61 to 136A.71:

 

(1) the institution is situated in a state which is also participating in the interstate reciprocity agreement;

 

(2) the institution has been approved to participate in the interstate reciprocity agreement by the institution's home state and other entities with oversight of the interstate reciprocity agreement; and

 

(3) the institution has elected to participate in and operate in compliance with the terms of the interstate reciprocity agreement.

 

(c) If the office participates in an interstate reciprocity agreement and the office is responsible for the administration of that interstate reciprocity agreement, which may include the approval of applications for membership of in-state institutions to participate in the interstate reciprocity agreement, the office shall collect reasonable fees sufficient to recover, but not exceed, its costs to administer the interstate reciprocity agreement.  The office processing fees for approving an in-state institution application shall be as follows:


Journal of the House - 89th Day - Thursday, May 7, 2020 - Top of Page 8025

(1) $750 for institutions with fewer than 2,500 full-time enrollment;

 

(2) $3,000 for institutions with 2,501 to 20,000 full-time enrollment; and

 

(3) $7,500 for institutions with greater than 20,001 full-time enrollment.

 

Full-time enrollment is established using the previous year's full-time enrollment as established in the United States Department of Education Integrated Postsecondary Education Data System.

 

Sec. 27.  Minnesota Statutes 2018, section 136A.675, is amended to read:

 

136A.675 RISK ANALYSIS.

 

(a) The office shall develop a set of and apply financial and programmatic evaluation metrics nonfinancial measures as a basis of comparison and trends to evaluate and aid in the detection of the failure or potential failure of a school that may not be financially or administratively responsible and thereby at risk of a precipitous closure.  A school may be vulnerable to a precipitous closure if:

 

(1) the school is unable to meet the standards established under sections 136A.61 to 136A.71.  These metrics shall include indicators of financial stability, changes in the senior management or the financial aid and senior administrative staff of an institution, changes in enrollment, changes in program offerings, and changes in faculty staffing patterns.; or

 

(2) the office determines, through the systematic evaluation process in paragraph (d), that the failure to meet one or more of those standards represents a risk of a precipitous closure.

 

(b) The development of financial standards shall use industry standards as benchmarks.  The development of the nonfinancial standards shall include a measure of trends and dramatic changes in trends or practice guidance to develop financial and nonfinancial indicators. 

 

(c) A school must notify the office within five business days if any of the following occur:

 

(1) the school has defaulted on a debt payment and has not received a waiver of the violation;

 

(2) the school's owner or owners withdraw equity and the school has a federal composite score of less than 1.5 unless the withdrawal is a transfer between affiliated entities included in a common composite score;

 

(3) the United States Department of Education requires a 25 percent or greater Letter of Credit or Heightened Cash Monitoring 2;

 

(4) the school receives notification of probation, warning, show-cause, or loss of institutional accreditation;

 

(5) the school's institutional accreditor loses federal recognition;

 

(6) the school violates the United States Department of Education's 90/10 requirement; or

 

(7) the school receives notification that it has violated state authorization or licensing requirements in a different state that may lead to or has led to the termination of the school's ability to continue to provide educational programs or otherwise continue to operate in that state.


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(d) In the event the office receives notification under paragraph (c) or determines risk of a precipitous closure from information collected under section 136A.64, 136A.65, or 136A.672, the office shall collect sufficient data to make a determination of whether a school is vulnerable to a precipitous closure.  If the office determines that a school is vulnerable to a precipitous closure:

 

(1) the office shall provide the determination analysis to the school and request additional context and information.  The school may provide context and information to support a sound business practice and plan to confirm financial health and manageable risk.  The office shall use the school's additional context and information to reevaluate whether the school is vulnerable to closure;

 

(2) if the school does not respond to the office's request for additional context and information in clause (1), the office may revoke, suspend, or refuse to renew registration, approval of a school's degree, or use of a regulated term in its name, require additional surety under section 136A.646, require information under section 136A.646, or initiate alternative processes and communications with students enrolled at the school; and

 

(3) the office may use the reevaluated determination in the office's decision to revoke, suspend, or refuse to renew registration, approval of a school's degree, or use of a regulated term in its name or initiate alternative processes and communications with students enrolled at the school.

 

(e) If the office determines a risk of a precipitous closure under paragraph (d), the office may require the school to:

 

(1) conduct periodic monitoring and submit reports on the school's administrative and financial responsibility;

 

(2) submit contingency plans such as teach-out plans or transfer pathways for students;

 

(3) provide additional surety under section 136A.646; and

 

(4) submit school closure information under section 136A.645.

 

(f) The agency office must specify the metrics and standards for each area measures used for analyzing whether a school is vulnerable to closure and annually provide a copy to each registered institution and post them on the agency website.

 

(g) The office shall post a list of reviewed indicators and measures on the office's website.  The agency office shall use regularly reported data submitted to the federal government or other regulatory or accreditation agencies wherever possible.  The agency may require more frequent data reporting by an institution to ascertain whether the standards are being met.

 

Sec. 28.  Minnesota Statutes 2018, section 136A.69, subdivision 1, is amended to read:

 

Subdivision 1.  Registration fees.  (a) The office shall collect reasonable registration fees that are sufficient to recover, but do not exceed, its costs of administering the registration program.  The office shall charge the fees listed in paragraphs (b) and (c) for new registrations.

 

(b) A new school offering no more than one degree at each level during its first year must pay registration fees for each applicable level in the following amounts:

 

associate degree

$2,000

baccalaureate degree

$2,500

master's degree

$3,000

doctorate degree

$3,500


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(c) A new school that will offer more than one degree per level during its first year must pay registration fees in an amount equal to the fee for the first degree at each degree level under paragraph (b), plus fees for each additional nondegree program or degree as follows:

 

nondegree program

$250

additional associate degree

$250

additional baccalaureate degree

$500

additional master's degree

$750

additional doctorate degree

$1,000

 

(d) The annual renewal registration fee is $1,200 $2,000.

 

Sec. 29.  Minnesota Statutes 2018, section 136A.69, subdivision 4, is amended to read:

 

Subd. 4.  Visit or consulting fee.  If the office determines that a fact-finding visit or outside consultant is necessary to review, investigate, or evaluate any new or revised degree or nondegree program or the institution, the office shall be reimbursed for the expenses incurred related to the review as follows:

 

(1) $400 for the team base fee or for a paper review conducted by a consultant if the office determines that a fact-finding visit is not required;

 

(2) $300 for each day or part thereof on site per team member; and

 

(3) the actual cost of customary meals, lodging, and related travel expenses incurred by team members.

 

Sec. 30.  Minnesota Statutes 2018, section 136A.69, is amended by adding a subdivision to read:

 

Subd. 4a.  Student complaint fee.  The office shall be reimbursed for expenses necessary to review or investigate any student complaint under section 136A.672 for any registered institution that has more than five student complaints per annual registration period.  The office shall be reimbursed for the expenses incurred related to the review or investigation of any complaint that exceeds the fifth complaint as follows:

 

(1) $500;

 

(2) $300 for each day or part thereof that requires a site visit per team member; and

 

(3) the actual cost of customary meals, lodging, and related travel expenses incurred by team members.

 

Sec. 31.  Minnesota Statutes 2018, section 136A.824, subdivision 4, is amended to read:

 

Subd. 4.  Visit or consulting fee.  If the office determines that a fact-finding visit or outside consultant is necessary to review, investigate, or evaluate any new or revised program or the private career school for statutory compliance, the office shall be reimbursed for the expenses incurred related to the review as follows:

 

(1) $400 for the team base fee or for a paper review conducted by a consultant if the office determines that a fact-finding visit is not required;

 

(2) $300 for each day or part thereof on site per team member; and

 

(3) the actual cost of customary meals, lodging, and related travel expenses incurred by team members.


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Sec. 32.  Minnesota Statutes 2018, section 136A.824, is amended by adding a subdivision to read:

 

Subd. 10.  Student complaint fee.  The office shall be reimbursed for expenses necessary to review or investigate any student complaint under section 136A.8295 for any licensed private career school that has more than five student complaints per annual licensure period.  The office shall be reimbursed for the expenses incurred related to the review or investigation of any complaint that exceeds the fifth complaint as follows:

 

(1) $500;

 

(2) $300 for each day or part thereof that requires a site visit per team member; and

 

(3) the actual cost of customary meals, lodging, and related travel expenses incurred by team members.

 

Sec. 33.  Minnesota Statutes 2018, section 136A.827, subdivision 4, is amended to read:

 

Subd. 4.  Proration.  When a student has been accepted by a private career school and gives written notice of cancellation after the program of instruction has begun, but before completion of 75 percent of the program, the amount charged for tuition, fees and all other charges shall be prorated based on the number of days in the term as a portion of the total charges for tuition, fees and all other charges.  An additional 25 percent of the total cost of the program may be added but shall not exceed $100.  After completion of 75 percent of the program, no refunds are required.  A notice of cancellation from a student under this subdivision must be confirmed in writing by the private career school and mailed to the student's last known address.  The confirmation from the school must state that the school has withdrawn the student from enrollment, and if this action was not the student's intent, the student must contact the school.

 

Sec. 34.  Minnesota Statutes 2018, section 136A.829, subdivision 1, is amended to read:

 

Subdivision 1.  Grounds.  The office may, after notice and upon providing an opportunity for a hearing, under chapter 14 if requested by the parties adversely affected, refuse to issue, refuse to renew, revoke, or suspend a license or solicitor's permit for any of the following grounds:

 

(1) violation of any provisions of sections 136A.821 to 136A.833 or any rule adopted by the office;

 

(2) furnishing to the office false, misleading, or incomplete information;

 

(3) presenting to prospective students information relating to the private career school that is false, fraudulent, deceptive, substantially inaccurate, or misleading;

 

(4) refusal to allow reasonable inspection or supply reasonable information after written request by the office;

 

(5) using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility, in the conduct of business in this state or elsewhere;

 

(6) having been administratively determined by the commissioner or judicially determined to have committed fraud or any other material violation of law involving federal, state, or local government funds; or

 

(7) the existence of any circumstance that would be grounds for the refusal of an initial or renewal license under section 136A.822.

 

Sec. 35.  Minnesota Statutes 2018, section 136A.833, subdivision 1, is amended to read:


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Subdivision 1.  Application for exemptions.  A school that seeks an exemption from the provisions of sections 136A.822 to 136A.834 for the school and all of its programs or some of its programs must apply to the office to establish that the school meets the requirements of an exemption.  An exemption expires two years from the date of approval or when a school adds a new program or makes a modification equal to or greater than 25 percent to an existing educational program.  If a school is reapplying for an exemption, the application must be submitted to the office 90 days before the current exemption expires.  This exemption shall not extend to any school that uses any publication or advertisement that is not truthful and gives any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school or its personnel, programs, services, or occupational opportunities for its graduates for promotion and student recruitment.

 

Sec. 36.  Minnesota Statutes 2018, section 136A.834, subdivision 1, is amended to read:

 

Subdivision 1.  Exemption.  Any (a) A program is exempt from the provisions of sections 136A.821 to 136A.832 if it is:

 

(1) offered by a private career school or any department or branch of a private career school:

 

(1) which that is substantially owned, operated, or supported by a bona fide church or religious organization;

 

(2) whose programs are primarily designed for, aimed at, and attended by persons who sincerely hold or seek to learn the particular religious faith or beliefs of that church or religious organization; and

 

(3) whose programs are primarily intended to prepare its students to become ministers of, to enter into some other vocation closely related to, or to conduct their lives in consonance with the particular faith of that church or religious organization,is exempt from the provisions of sections 136A.821 to 136A.832.

 

(b) Any private career school or any department or branch of a private career school is exempt from the provisions of sections 136A.821 to 136A.832 if all of its programs are exempt under paragraph (a).

 

Sec. 37.  Minnesota Statutes 2018, section 136A.834, subdivision 2, is amended to read:

 

Subd. 2.  Limitations.  (a) An exemption shall not extend to any private career school, department or branch of a private career school, or program of a private career school which that through advertisements or solicitations represents to any students or prospective students that the school, its aims, goals, missions, purposes, or programs are different from those described in subdivision 1.

 

(b) An exemption shall not extend to any private career school which or program that represents to any student or prospective student that the major purpose of its programs is to:

 

(1) prepare the student for a vocation not closely related to that particular religious faith; or

 

(2) provide the student with a general educational program recognized by other private career schools or the broader educational, business, or social community as being substantially equivalent to the educational programs offered by private career schools or departments or branches of private career schools which are not religious in nature and are not exempt from sections 136A.82 to 136A.834 and from rules adopted under sections 136A.82 to 136A.834.

 

(c) This exemption shall not extend to any school that uses any publication or advertisement that is not truthful and gives any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school or its personnel, programs, services, or occupational opportunities for graduates for promotion and student recruitment.


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ARTICLE 2

MINNESOTA COLLEGE SAVINGS PLAN

 

Section 1.  Minnesota Statutes 2018, section 136G.01, is amended to read:

 

136G.01 PLAN ESTABLISHED.

 

A college savings plan known as "the Minnesota college savings plan" or "the Minnesota 529 college savings plan" is established.  In establishing this plan, the legislature seeks to encourage individuals to save for postsecondary education by:

 

(1) providing a qualified tuition plan under federal tax law; and

 

(2) encouraging individuals, foundations, and businesses to provide additional grants to participating students.

 

Sec. 2.  Minnesota Statutes 2018, section 136G.03, subdivision 8, is amended to read:

 

Subd. 8.  Contribution.  "Contribution" means a payment directly allocated to an account for the benefit of a beneficiary.  For a rollover distribution, only the portion of the rollover amount that constitutes investment in the account is treated as a contribution to the account.  For purposes of this chapter, "contribution" includes a recontribution that satisfies the requirements of section 529(c)(3)(D) of the Internal Revenue Code.

 

Sec. 3.  Minnesota Statutes 2018, section 136G.03, subdivision 10, is amended to read:

 

Subd. 10.  Distribution.  "Distribution" means a disbursement from an account to the account owner, the beneficiary, or the beneficiary's estate or to an eligible educational institution.  Distribution does not include a change of beneficiary to a member of the family of the prior beneficiary or a rollover distribution.

 

Sec. 4.  Minnesota Statutes 2018, section 136G.03, subdivision 11, is amended to read:

 

Subd. 11.  Dormant account.  "Dormant account" means an account that has not received contributions for at least three consecutive years and the account statements mailed sent to the account owner have been returned as undeliverable.

 

Sec. 5.  Minnesota Statutes 2018, section 136G.03, subdivision 20, is amended to read:

 

Subd. 20.  Maximum account balance limit.  "Maximum account balance limit" means the amount established by the office under section 136G.09, subdivision 8, paragraph (d) (b).

 

Sec. 6.  Minnesota Statutes 2018, section 136G.03, subdivision 31, is amended to read:

 

Subd. 31.  Qualified rollover distribution.  "Qualified rollover distribution" means a transfer of funds made:

 

(1) from one account to another account within 60 days of a distribution;

 

(2) from another qualified state tuition program to an account within 60 days of the distribution; or

 

(3) to another qualified state tuition program from an account within 60 days of a distribution.

 

When there is a change of beneficiary in a rollover distribution, the transfer of funds must be made for the benefit of a new beneficiary who is a member of the family of the prior beneficiary.  A rollover distribution from one qualified tuition plan to another once every 12 months without a change of beneficiary is permitted distribution that qualifies as a rollover under section 529(c)(3)(C) of the Internal Revenue Code.


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Sec. 7.  Minnesota Statutes 2018, section 136G.03, is amended by adding a subdivision to read:

 

Subd. 33a.  Taxable distribution.  "Taxable distribution" means:  (1) a distribution made from an account other than a qualified distribution, the earnings on which are subject to one or more federal taxes; or (2) a distribution subject to additional federal tax under section 529(c)(6) of the Internal Revenue Code.

 

Sec. 8.  Minnesota Statutes 2018, section 136G.05, subdivision 2, is amended to read:

 

Subd. 2.  Accounts-type plan.  The office must establish the plan and the plan must be operated as an accounts‑type plan that permits persons to save for qualified higher education expenses incurred at any eligible educational institution, regardless of whether it is private or public or whether it is located within or outside of the state.  A separate account must be maintained for each beneficiary for whom contributions are made.

 

Sec. 9.  Minnesota Statutes 2018, section 136G.05, subdivision 5, is amended to read:

 

Subd. 5.  Nonqualified distributions and Forfeited matching grants.  There cannot be a nonqualified withdrawal of matching grant funds and Any refund of a matching grants grant forfeited under section 136G.11, subdivision 13, must be returned to the plan office.

 

Sec. 10.  Minnesota Statutes 2018, section 136G.05, subdivision 7, is amended to read:

 

Subd. 7.  Marketing.  The commissioner shall make parents and other interested individuals aware of the availability and advantages of the program plan as a way to save for higher education costs.

 

Sec. 11.  Minnesota Statutes 2018, section 136G.09, subdivision 6, is amended to read:

 

Subd. 6.  Change of beneficiary.  Except as provided for minor trust accounts in section 136G.14, an account owner may change the beneficiary of an account to a member of the family of the current beneficiary, at any time without penalty, if the change will not cause the total account balance of all accounts held for the new beneficiary to exceed the maximum account balance limit as provided in subdivision 8.  A change of beneficiary other than as permitted in this subdivision is treated as a nonqualified taxable distribution under section 136G.13, subdivision 3.

 

Sec. 12.  Minnesota Statutes 2018, section 136G.09, subdivision 8, is amended to read:

 

Subd. 8.  Maximum account balance limit.  (a) When a contribution is made, the total account balance of all accounts held for the same beneficiary, including matching grant accounts, must not exceed the maximum account balance limit as determined under this subdivision.

 

(b) The office must establish a maximum account balance limit.  The office must adjust the maximum account balance limit, as necessary, or on January 1 of each year.  The maximum account balance limit must not exceed the amount permitted for the plan to qualify as a qualified tuition program under section 529 of the Internal Revenue Code.

 

(c) If the total account balance of all accounts held for a single beneficiary reaches the maximum account balance limit prior to the end of that calendar year, the beneficiary may receive an applicable matching grant for that calendar year.

 

Sec. 13.  Minnesota Statutes 2018, section 136G.11, subdivision 11, is amended to read:

 

Subd. 11.  Ownership of matching grant funds.  The state retains ownership of all matching grants and earnings on matching grants until a qualified distribution is made to a beneficiary or, an account owner, an eligible educational institution, or any other third party as requested by an account owner.


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Sec. 14.  Minnesota Statutes 2018, section 136G.11, subdivision 13, is amended to read:

 

Subd. 13.  Forfeiture of matching grants.  (a) Matching grants are forfeited if:

 

(1) the account owner transfers the total account balance of an account to another account or to another qualified tuition program;

 

(2) the beneficiary receives a full tuition scholarship or is attending a United States service academy any of the exceptions under section 530(d)(4)(B)(i) to (iv) of the Internal Revenue Code apply to the beneficiary, and the exceptions cover 100 percent of the beneficiary's qualified higher education expenses;

 

(3) the beneficiary dies or becomes disabled;

 

(4) the account owner changes the beneficiary of the account; or

 

(5) (4) the account owner closes the account with a nonqualified withdrawal. taxable distribution; or

 

(5) the account owner closes the account with a withdrawal for a qualified distribution that would not have been a qualified distribution on December 31, 2010.

 

(b) Matching grants must be proportionally forfeited if:

 

(1) the account owner transfers a portion of an account to another account or to another qualified tuition program;

 

(2) the beneficiary receives a scholarship covering a portion of qualified higher education expenses the account owner takes a partial taxable distribution; or

 

(3) the account owner makes a partial nonqualified withdrawal for a qualified distribution that would not have been a qualified distribution on December 31, 2010.

 

(c) If the account owner makes a misrepresentation in a participation agreement or an application for a matching grant that results in a matching grant, the matching grant associated with the misrepresentation is forfeited.  The office and the board must instruct the plan administrator as to the amount to be forfeited from the matching grant account.  The office and the board must withdraw the matching grant or the proportion of the matching grant that is related to the misrepresentation.

 

Sec. 15.  Minnesota Statutes 2018, section 136G.13, is amended to read:

 

136G.13 ACCOUNT DISTRIBUTIONS.

 

Subdivision 1.  Qualified distribution methods.  (a) Qualified distributions may be made:

 

(1) directly to participating eligible educational institutions on behalf of the beneficiary;

 

(2) in the form of a check payable to both the beneficiary and the eligible educational institution; or

 

(3) (2) directly to the account owner or beneficiary if the account owner or beneficiary has already paid qualified higher education expenses.; or

 

(3) to any other third party as requested by the account owner.


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(b) Qualified distributions must be withdrawn proportionally from contributions and earnings in an account owner's account on the date of distribution as provided in section 529 of the Internal Revenue Code.

 

Subd. 2.  Matching grant accounts.  Qualified distributions are based on the total account balances in an account owner's account and matching grant account, if any, on the date of distribution.  Qualified distributions must be withdrawn proportionally from each account based on the relative total account balance of each account to the total account balance for both accounts.  Amounts for matching grants and matching grant earnings must only be distributed for qualified higher education expenses.  Matching grant account funds may be used as part or all of a distribution that was a qualified distribution on December 31, 2010.

 

Subd. 3.  Nonqualified Taxable distribution.  An account owner may request a nonqualified taxable distribution from an account at any time.  Nonqualified Taxable distributions are based on the total account balances in an account owner's account and must be withdrawn proportionally from contributions and earnings as provided in section 529 of the Internal Revenue Code.  The earnings portion of a nonqualified distribution is subject to a federal additional tax pursuant to section 529 of the Internal Revenue Code.  For purposes of this subdivision, "earnings portion" means the ratio of the earnings in the account to the total account balance, immediately prior to the distribution, multiplied by the distribution.

 

Subd. 4.  Nonqualified distributions from matching grant accounts.  (a) If an account the owner of an account that has a matching grant account requests (1) a distribution that would not have been a qualified distribution on December 31, 2010, or (2) a nonqualified taxable distribution from an account that has a matching grant account, the total account balance of the matching grant account, if any, is reduced.

 

(b) After the nonqualified distribution in paragraph (a) is withdrawn from the account including any penalty as provided in subdivision 3, the account owner forfeits matching grant amounts in the same proportion as the nonqualified distribution is to the total account balance of the account.

 

Subd. 5.  Distributions due to death or disability of, or scholarship to, or attendance at a United States military academy by, a beneficiary.  An account owner may request a distribution due to the death or disability of, or scholarship to, or attendance at a United States military academy by, a beneficiary from an account by submitting a completed request to the plan.  Prior to distribution, the account owner shall certify the reason for the distribution and provide written confirmation from a third party that the beneficiary has died, become disabled, or received a scholarship for attendance at an eligible educational institution, or is attending a United States military academy.  The plan must not consider a request to make a distribution until a third-party written confirmation is received by the plan.  For purposes of this subdivision, a third-party written confirmation consists of the following:  The plan shall apprise the account owner that the account owner is responsible for obtaining and retaining records and other documentation adequate to substantiate a distribution under this section.

 

(1) for death of the beneficiary, a certified copy of the beneficiary's death record;

 

(2) for disability of the beneficiary, a certification by a physician who is a doctor of medicine or osteopathic medicine stating that the doctor is legally authorized to practice in a state of the United States and that the beneficiary is unable to attend any eligible educational institution because of an injury or illness that is expected to continue indefinitely or result in death.  Certification must be on a form approved by the plan;

 

(3) for a scholarship award to the beneficiary, a letter from the grantor of the scholarship or from the eligible educational institution receiving or administering the scholarship, that identifies the beneficiary by name and Social Security number or taxpayer identification number as the recipient of the scholarship and states the amount of the scholarship, the period of time or number of credits or units to which it applies, the date of the scholarship, and, if applicable, the eligible educational institution to which the scholarship is to be applied; or

 

(4) for attendance by the beneficiary at a United States military academy, a letter from the military academy indicating the beneficiary's enrollment and attendance.


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Sec. 16.  Minnesota Statutes 2018, section 136G.14, is amended to read:

 

136G.14 MINOR TRUST ACCOUNTS.

 

(a) This section applies to a plan account in which funds of a minor trust account are invested.

 

(b) The account owner may not be changed to any person other than a successor custodian or the beneficiary unless a court order directing the change of ownership is provided to the plan administrator.  The custodian must sign all forms and requests submitted to the plan administrator in the custodian's representative capacity.  The custodian must notify the plan administrator in writing when the beneficiary becomes legally entitled to be the account owner.  An account owner under this section may not select a contingent account owner.

 

(c) The beneficiary of an account under this section may not be changed.  If the beneficiary dies, assets in a plan account become the property of the beneficiary's estate.  Funds in an account must not be transferred or rolled over to another account owner or to an account for another beneficiary.  A nonqualified taxable distribution from an account, or a distribution due to the disability or scholarship award to the beneficiary, or made on account of the beneficiary's attendance at a United States military academy that qualifies as an exception under section 530(d)(4)(B)(ii) to (iv) of the Internal Revenue Code, must be used for the benefit of the beneficiary.

 

(d) Funds in an account for a beneficiary under this section may be rolled over into an ABLE account under section 529A of the Internal Revenue Code, subject to the limits and requirements of section 529A of the Internal Revenue Code.

 

Sec. 17.  REPEALER.

 

Minnesota Statutes 2018, sections 136G.03, subdivisions 4 and 22; and 136G.05, subdivision 6, are repealed."

 

Amend the title as follows:

 

Page 1, line 4, after the first semicolon, insert "establishing and increasing fees;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 3392 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3423, A bill for an act relating to environment; appropriating money for water quality standards for perfluoroalkyl and polyfluoroalkyl substances; authorizing rulemaking.

 

Reported the same back with the recommendation that the bill be re-referred to the Environment and Natural Resources Finance Division.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.


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Nelson, M., from the State Government Finance Division to which was referred:

 

H. F. No. 3568, A bill for an act relating to criminal justice; providing for a planning group to decriminalize mental illness; requiring reports.

 

Reported the same back with the following amendments:

 

Page 4, after line 14, insert:

 

"Sec. 2.  APPROPRIATION; COMMISSIONER OF ADMINISTRATION.

 

$312,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of administration to provide administrative staff and support for the planning group established in section 1.  The base for this activity is $286,000 for fiscal years 2022 to 2026.  The base for this activity is $0 beginning in fiscal year 2027."

 

Amend the title as follows:

 

Page 1, line 3, before the period, insert "; appropriating money"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 3727, A bill for an act relating to human services; modifying policy provisions governing health care; amending Minnesota Statutes 2018, sections 62U.03; 62U.04, subdivision 11; 256.01, subdivision 29; 256B.056, subdivisions 1a, 4, 7, 10; 256B.0561, subdivision 2; 256B.057, subdivision 1; 256B.0575, subdivisions 1, 2; 256B.0625, subdivisions 1, 27, 58; 256B.0751; 256B.0753, subdivision 1, by adding a subdivision; 256B.75; 256L.03, subdivision 1; 256L.15, subdivision 1; Minnesota Statutes 2019 Supplement, section 256B.056, subdivision 7a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

DEPARTMENT OF HEALTH

 

Section 1.  Minnesota Statutes 2018, section 144.121, subdivision 1, is amended to read:

 

Subdivision 1.  Registration; fees.  The fee for the registration for x-ray machines equipment and other sources of ionizing radiation required to be registered under rules adopted by the state commissioner of health pursuant to section 144.12, shall be in an amount as described in subdivision 1a pursuant to section 144.122.  The registration shall expire and be renewed as prescribed by the commissioner pursuant to section 144.122.

 

Sec. 2.  Minnesota Statutes 2019 Supplement, section 144.121, subdivision 1a, is amended to read:


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Subd. 1a.  Fees for ionizing radiation-producing equipment.  (a) A facility with ionizing radiation-producing equipment and other sources of ionizing radiation 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 x-ray tube, 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 initial or annual registration fee of $500.  A facility with an industrial accelerator must pay an initial or 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 ionizing radiation-producing equipment designed and used for security screening of humans who are in the custody of a correctional or detention facility, and 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 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. 3.  Minnesota Statutes 2018, section 144.121, is amended by adding a subdivision to read:

 

Subd. 1d.  Handheld dental x-ray equipment.  A facility that uses handheld dental x-ray equipment according to section 144.1215 must comply with this section.

 

Sec. 4.  Minnesota Statutes 2018, section 144.121, subdivision 2, is amended to read:

 

Subd. 2.  Inspections.  Periodic radiation safety inspections of the x-ray equipment and other sources of ionizing radiation shall be made by the state commissioner of health.  The frequency of safety inspections shall be prescribed by the commissioner on the basis of the frequency of use of the x-ray equipment and other source of ionizing radiation;, provided that each source shall be inspected at least once every four years.

 

Sec. 5.  Minnesota Statutes 2018, section 144.121, subdivision 5, is amended to read:

 

Subd. 5.  Examination for individual operating x-ray equipment systems.  (a) After January 1, 2008, An individual in a facility with x-ray equipment systems for use on living humans that is registered under subdivision 1 may not operate, nor may the facility allow the individual to operate, x-ray equipment systems unless the individual has passed a national or state examination for limited x-ray machine operators that meets the requirements of paragraphs (b) and (c) and is approved by the commissioner of health.

 

(b) The commissioner shall establish criteria for the approval of examinations based on national standards, such as the examination in radiography from the American Registry of Radiologic Technologists, the examination for limited scope of practice in radiography from the American Registry of Radiologic Technologists for limited x-ray machine operators, and the American Registry of Chiropractic Radiography Technologists for limited radiography in spines and extremities; or equivalent examinations approved by other states.  Equivalent examinations may be approved by the commissioner, if the examination is consistent with the standards for educational and psychological


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testing as recommended by the American Education Research Association, the American Psychological Association, the National Council on Measurement in Education, or the National Commission for Certifying Agencies.  The organization proposing the use of an equivalent examination shall submit a fee to the commissioner of $1,000 per examination to cover the cost of determining the extent to which the examination meets the examining standards.  The collected fee shall be deposited in the state treasury and credited to the state government special revenue fund.

 

(b) Individuals who may operate x-ray systems include:

 

(1) an individual who has passed the American Registry of Radiologic Technologists (ARRT) registry for radiography examination;

 

(2) an individual who has passed the American Chiropractic Registry of Radiologic Technologists (ACRRT) registry examination and is limited to radiography of spines and extremities;

 

(3) a registered limited scope x-ray operator and a registered bone densitometry equipment operator who passed the examination requirements in paragraphs (d) and (e) and practices according to subdivision 5a;

 

(4) an x-ray operator who has the original certificate or the original letter of passing the examination that was required before January 1, 2008, under Minnesota Statutes 2008, section 144.121, subdivision 5a, paragraph (b), clause (1);

 

(5) an individual who has passed the American Registry of Radiologic Technologists (ARRT) registry for radiation therapy examination according to subdivision 5e;

 

(6) a cardiovascular technologist according to subdivision 5c;

 

(7) a nuclear medicine technologist according to subdivision 5d;

 

(8) an individual who has passed the examination for a dental hygienist under section 150A.06 and only operates dental x-ray systems;

 

(9) an individual who has passed the examination for a dental therapist under section 150A.06 and only operates dental x-ray systems;

 

(10) an individual who has passed the examination for a dental assistant under section 150A.06, and only operates dental x-ray systems;

 

(11) an individual who has passed the examination under Minnesota Rules, part 3100.8500, subpart 3, and only operates dental x-ray systems; and

 

(12) a qualified practitioner who is licensed by a health-related licensing board with active practice authority and is working within the practitioner's scope of practice.

 

(c) Except for individuals under clauses (3) and (4), an individual who is participating in a training or educational program in any of the occupations listed in paragraph (b) is exempt from the examination requirement within the scope and for the duration of the training or educational program.

 

(c) (d) The Minnesota examination for limited scope x-ray machine operators must include:

 

(1) radiation protection, radiation physics and radiobiology, equipment maintenance and operation and quality assurance, image production acquisition and technical evaluation, and patient care interactions and management; and


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(2) at least one of the following regions of the human anatomy:  chest, extremities, skull and sinus, spine, or ankle and foot podiatry.  The examinations must include the anatomy of, and positioning radiographic positions and projections for, the specific regions.

 

(e) The examination for bone densitometry equipment operators must include:

 

(1) osteoporosis, bone physiology, bone health and patient education, patient preparation, fundamental principals, biological effects of radiation, units of measurements, radiation protection in bone densitometry, fundamentals of x-ray production, quality control, measuring bone mineral testing, determining quality in bone mineral testing, file and database management; and

 

(2) dual x-ray absorptiometry scanning of the lumbar spine, proximal femur, and forearm.  The examination must include the anatomy, scan acquisition, and scan analysis for these three procedures.

 

(d) (f) A limited scope x-ray operator, and a bone densitometry equipment operator, who is are required to take an examination under this subdivision must submit to the commissioner an a registration application for the examination, and a $25 processing fee, and the required examination fee set by the national organization offering the examination.  The processing fee and the examination fee shall be deposited in the state treasury and credited to the state government special revenue fund.  The commissioner shall submit the fee to the national organization providing the examination.

 

Sec. 6.  Minnesota Statutes 2019 Supplement, section 144.121, subdivision 5a, is amended to read:

 

Subd. 5a.  Limited scope x-ray machine and bone densitometry equipment operator practice.  (a) A registered limited scope x-ray operator and a registered bone densitometry equipment operator may only practice medical radiography on limited regions of the human anatomy for which the operator has successfully passed an examination identified in subdivision 5, unless the operator meets one of the exemptions described in paragraph (b).  The operator may practice using only routine radiographic procedures, for the interpretation by and under the direction of a qualified practitioner, excluding paragraphs (d) and (e) and may not operate computed tomography, cone beam computed tomography, the use of contrast media, and the use of fluoroscopic or mammographic equipment x-ray systems.

 

(b) This subdivision does not apply to:

 

(1) limited x-ray machine operators who passed the examination that was required before January 1, 2008;

 

(2) certified radiologic technologists, licensed dental hygienists, registered dental assistants, certified registered nurse anesthetists, and registered physician assistants;

 

(3) individuals who are licensed in Minnesota to practice medicine, osteopathic medicine, chiropractic, podiatry, or dentistry;

 

(4) individuals who are participating in a training course in any of the occupations listed in clause (2), (3), or (5) for the duration and within the scope of the training course; and

 

(5) cardiovascular technologists who assist with the operation of fluoroscopy equipment if they:

 

(i) are credentialed by Cardiovascular Credentialing International as a registered cardiovascular invasive specialist or as a registered cardiac electrophysiology specialist, are a graduate of an education program accredited by the Commission on Accreditation of Allied Health Education Programs, which uses the standards and criteria established by the Joint Review Committee on Education in Cardiovascular Technology, or are designated on a variance granted by the commissioner, effective July 31, 2019; and


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(ii) are under the personal supervision and in the physical presence of a qualified practitioner for diagnosing or treating a disease or condition of the cardiovascular system in fluoroscopically guided interventional procedures.  Cardiovascular technologists may not activate the fluoroscopic system or evaluate quality control tests.

 

Sec. 7.  Minnesota Statutes 2018, section 144.121, is amended by adding a subdivision to read:

 

Subd. 5c.  Cardiovascular technologist practice.  (a) Cardiovascular technologists may assist with the operation of fluoroscopy equipment if they:

 

(1) are credentialed by Cardiovascular Credentialing International as a registered cardiovascular invasive specialist or as a registered cardiac electrophysiology specialist, are a graduate of an educational program accredited by the Commission on Accreditation of Allied Health Education Programs, which uses the standards and criteria established by the Joint Review Committee on Education in Cardiovascular Technology, or are designated on a variance granted by the commissioner effective July 31, 2019; and

 

(2) are under the personal supervision and in the physical presence of a qualified practitioner for diagnosing or treating a disease or condition of the cardiovascular system in fluoroscopically guided interventional procedures.  Cardiovascular technologists may not activate the fluoroscopic system or evaluate quality control tests.

 

(b) A cardiovascular technologist who is participating in a training or educational program in any of the occupations listed in this subdivision is exempt from the examination requirement within the scope and for the duration of the training or educational program.

 

Sec. 8.  Minnesota Statutes 2018, section 144.121, is amended by adding a subdivision to read:

 

Subd. 5d.  Nuclear medicine technologist practice.  (a) Nuclear medicine technologists who have passed the primary pathway credential in Nuclear Medicine Technology Certification Board (NMTCB) for nuclear medicine or the American Registry of Radiologic Technologists (ARRT) for nuclear medicine technology or the American Society of Clinical Pathologists (NM) (ASCP) may operate a fusion imaging device or a dual imaging device that uses radioactive material as a point source in transmission scanning and attenuation correction.

 

(b) A nuclear medicine technologist in paragraph (a) may only operate a stand-alone computed tomography x‑ray system if the technologist has passed the Nuclear Medicine Technology Certification Board for computed tomography (CT) or is credentialed in computed tomography (CT) from the American Registry of Radiologic Technologists (ARRT).

 

(c) A nuclear medicine technologist who meets the requirements under paragraph (a) and who is participating in a training or educational program to obtain a credential under paragraph (b) is exempt from the examination requirement within the scope and for the duration of the training or educational program.

 

Sec. 9.  Minnesota Statutes 2018, section 144.121, is amended by adding a subdivision to read:

 

Subd. 5e.  Radiation therapy technologist practice.  (a) A radiation therapy technologist who has passed the primary pathway credential in radiation therapy may operate radiation therapy accelerator and simulator x-ray systems.

 

(b) A radiation therapy technologist in paragraph (a) may only operate a stand-alone computed tomography x‑ray system if the technologist has passed and is credentialed in computed tomography (CT) from the American Registry of Radiologic Technologists (ARRT).

 

(c) A radiation therapy technologist who meets the requirements under paragraph (a) and who is participating in a training or educational program to obtain a credential under paragraph (b) is exempt from the examination requirement within the scope and for the duration of the training or educational program.


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Sec. 10.  Minnesota Statutes 2018, section 144.292, subdivision 2, is amended to read:

 

Subd. 2.  Patient access.  Upon request, a provider shall supply to a patient within 30 calendar days of receiving a written request for medical records complete and current information possessed by that provider concerning any diagnosis, treatment, and prognosis of the patient in terms and language the patient can reasonably be expected to understand.

 

Sec. 11.  Minnesota Statutes 2018, section 144.292, subdivision 5, is amended to read:

 

Subd. 5.  Copies of health records to patients.  Except as provided in section 144.296, upon a patient's written request, a provider, at a reasonable cost to the patient, shall promptly furnish to the patient within 30 calendar days of receiving a written request for medical records:

 

(1) copies of the patient's health record, including but not limited to laboratory reports, x-rays, prescriptions, and other technical information used in assessing the patient's health conditions; or

 

(2) the pertinent portion of the record relating to a condition specified by the patient.

 

With the consent of the patient, the provider may instead furnish only a summary of the record.  The provider may exclude from the health record written speculations about the patient's health condition, except that all information necessary for the patient's informed consent must be provided.

 

Sec. 12.  Minnesota Statutes 2019 Supplement, section 152.29, subdivision 1, is amended to read:

 

Subdivision 1.  Manufacturer; requirements.  (a) A manufacturer shall may operate eight distribution facilities, which may include the manufacturer's single location for cultivation, harvesting, manufacturing, packaging, and processing but is not required to include that location.  The commissioner shall designate the geographical service areas to be served by each manufacturer based on geographical need throughout the state to improve patient access.  A manufacturer shall not have more than two distribution facilities in each geographical service area assigned to the manufacturer by the commissioner.  A manufacturer shall operate only one location where all cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis shall be conducted.  This location may be one of the manufacturer's distribution facility sites.  The additional distribution facilities may dispense medical cannabis and medical cannabis products but may not contain any medical cannabis in a form other than those forms allowed under section 152.22, subdivision 6, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, packaging, or processing at the other distribution facility sites.  Any distribution facility operated by the manufacturer is subject to all of the requirements applying to the manufacturer under sections 152.22 to 152.37, including, but not limited to, security and distribution requirements.

 

(b) A manufacturer may acquire hemp grown in this state from a hemp grower.  A manufacturer may manufacture or process hemp into an allowable form of medical cannabis under section 152.22, subdivision 6.  Hemp acquired by a manufacturer under this paragraph is subject to the same quality control program, security and testing requirements, and other requirements that apply to medical cannabis under sections 152.22 to 152.37 and Minnesota Rules, chapter 4770.

 

(c) A medical cannabis manufacturer shall contract with a laboratory approved by the commissioner, subject to any additional requirements set by the commissioner, for purposes of testing medical cannabis manufactured or hemp acquired by the medical cannabis manufacturer as to content, contamination, and consistency to verify the medical cannabis meets the requirements of section 152.22, subdivision 6.  The cost of laboratory testing shall be paid by the manufacturer.

 

(d) The operating documents of a manufacturer must include:

 

(1) procedures for the oversight of the manufacturer and procedures to ensure accurate record keeping;


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(2) procedures for the implementation of appropriate security measures to deter and prevent the theft of medical cannabis and unauthorized entrance into areas containing medical cannabis; and

 

(3) procedures for the delivery and transportation of hemp between hemp growers and manufacturers.

 

(e) A manufacturer shall implement security requirements, including requirements for the delivery and transportation of hemp, protection of each location by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, and a personnel identification system.

 

(f) A manufacturer shall not share office space with, refer patients to a health care practitioner, or have any financial relationship with a health care practitioner.

 

(g) A manufacturer shall not permit any person to consume medical cannabis on the property of the manufacturer.

 

(h) A manufacturer is subject to reasonable inspection by the commissioner.

 

(i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.

 

(j) A medical cannabis manufacturer may not employ any person who is under 21 years of age or who has been convicted of a disqualifying felony offense.  An employee of a medical cannabis manufacturer must submit a completed criminal history records check consent form, a full set of classifiable fingerprints, and the required fees for submission to the Bureau of Criminal Apprehension before an employee may begin working with the manufacturer.  The bureau must conduct a Minnesota criminal history records check and the superintendent is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national criminal history record information.  The bureau shall return the results of the Minnesota and federal criminal history records checks to the commissioner.

 

(k) A manufacturer may not operate in any location, whether for distribution or cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a public or private school existing before the date of the manufacturer's registration with the commissioner.

 

(l) A manufacturer shall comply with reasonable restrictions set by the commissioner relating to signage, marketing, display, and advertising of medical cannabis.

 

(m) Before a manufacturer acquires hemp from a hemp grower, the manufacturer must verify that the hemp grower has a valid license issued by the commissioner of agriculture under chapter 18K.

 

(n) Until a state-centralized, seed-to-sale system is implemented that can track a specific medical cannabis plant from cultivation through testing and point of sale, the commissioner shall conduct at least one unannounced inspection per year of each manufacturer that includes inspection of:

 

(1) business operations;

 

(2) physical locations of the manufacturer's manufacturing facility and distribution facilities;

 

(3) financial information and inventory documentation, including laboratory testing results; and

 

(4) physical and electronic security alarm systems.


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Sec. 13.  Minnesota Statutes 2018, section 152.35, is amended to read:

 

152.35 FEES; DEPOSIT OF REVENUE.

 

(a) The commissioner shall collect an enrollment fee of $200 from patients enrolled under this section.  If the patient attests to provides evidence of receiving Social Security disability insurance (SSDI), Supplemental Security Insurance Income (SSI), veterans disability, or railroad disability payments, or being enrolled in medical assistance or MinnesotaCare, then the fee shall be $50.  For purposes of this section:

 

(1) a patient is considered to receive SSDI if the patient was receiving SSDI at the time the patient was transitioned to retirement benefits by the United States Social Security Administration; and

 

(2) veterans disability payments include VA dependency and indemnity compensation.

 

Unless a patient provides evidence of receiving payments from or participating in one of the programs specifically listed in this paragraph, the commissioner of health must collect the $200 enrollment fee from a patient to enroll the patient in the registry program.  The fees shall be payable annually and are due on the anniversary date of the patient's enrollment.  The fee amount shall be deposited in the state treasury and credited to the state government special revenue fund.

 

(b) The commissioner shall collect an application fee of $20,000 from each entity submitting an application for registration as a medical cannabis manufacturer.  Revenue from the fee shall be deposited in the state treasury and credited to the state government special revenue fund.

 

(c) The commissioner shall establish and collect an annual fee from a medical cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in that year.  Revenue from the fee amount shall be deposited in the state treasury and credited to the state government special revenue fund.

 

(d) A medical cannabis manufacturer may charge patients enrolled in the registry program a reasonable fee for costs associated with the operations of the manufacturer.  The manufacturer may establish a sliding scale of patient fees based upon a patient's household income and may accept private donations to reduce patient fees.

 

Sec. 14.  Minnesota Statutes 2018, section 446A.081, subdivision 9, is amended to read:

 

Subd. 9.  Other uses of fund.  (a) The drinking water revolving loan fund may be used as provided in the act, including the following uses:

 

(1) to buy or refinance the debt obligations, at or below market rates, of public water systems for drinking water systems, where the debt was incurred after the date of enactment of the act, for the purposes of construction of the necessary improvements to comply with the national primary drinking water regulations under the federal Safe Drinking Water Act;

 

(2) to purchase or guarantee insurance for local obligations to improve credit market access or reduce interest rates;

 

(3) to provide a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the authority if the bond proceeds are deposited in the fund;

 

(4) to provide loans or loan guarantees for similar revolving funds established by a governmental unit or state agency;

 

(5) to earn interest on fund accounts;


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(6) to pay the reasonable costs incurred by the authority, the Department of Employment and Economic Development, and the Department of Health for conducting activities as authorized and required under the act up to the limits authorized under the act;

 

(7) to develop and administer programs for water system supervision, source water protection, and related programs required under the act;

 

(8) notwithstanding Minnesota Rules, part 7380.0280, to provide principal forgiveness or grants to the extent permitted under the federal Safe Drinking Water Act and other federal law, based on the criteria and requirements established for drinking water projects under the water infrastructure funding program under section 446A.072;

 

(9) to provide loans, principal forgiveness or grants to the extent permitted under the federal Safe Drinking Water Act and other federal law to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities; and

 

(10) to provide principal forgiveness, or grants for 50 80 percent of the project cost costs up to a maximum of $10,000 $100,000 for projects needed to comply with national primary drinking water standards for an existing nonmunicipal community or noncommunity public water system.; and

 

(11) to provide principal forgiveness or grants to the extent permitted under the federal Safe Drinking Water Act and other federal laws for 50 percent of the project costs up to a maximum of $250,000 for projects to replace the privately owned portion of drinking water lead service lines.

 

(b) Principal forgiveness or grants provided under paragraph (a), clause (9), may not exceed 25 percent of the eligible project costs as determined by the Department of Health for project components directly related to green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities, up to a maximum of $1,000,000.

 

Sec. 15.  Laws 2019, First Special Session chapter 9, article 11, section 35, the effective date, is amended to read:

 

EFFECTIVE DATE.  This section is effective August 1, 2020 January 1, 2021.

 

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

 

Sec. 16.  REPEALER.

 

(a) Minnesota Statutes 2018, section 144.121, subdivisions 3 and 5b, are repealed.

 

(b) Minnesota Rules, part 7380.0280, is repealed.

 

ARTICLE 2

HEALTH-RELATED LICENSING BOARDS

 

Section 1.  Minnesota Statutes 2018, section 62A.307, subdivision 2, is amended to read:

 

Subd. 2.  Requirement.  Coverage described in subdivision 1 that covers prescription drugs must provide the same coverage for a prescription written by a health care provider authorized to prescribe the particular drug covered by the health coverage described in subdivision 1, regardless of the type of health care provider that wrote the prescription.  This section is intended to prohibit denial of coverage based on the prescription having been written by an advanced practice nurse under section 148.235, a physician assistant under section 147A.18 147A.185, or any other nonphysician health care provider authorized to prescribe the particular drug.


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Sec. 2.  [62Q.529] COVERAGE FOR DRUGS PRESCRIBED AND DISPENSED BY PHARMACIES.

 

(a) A health plan that provides prescription coverage must provide coverage for self-administered hormonal contraceptives, nicotine replacement medications, and opiate antagonists for the treatment of an acute opiate overdose prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 14, 15, or 16, under the same terms of coverage that would apply had the prescription drug been prescribed by a licensed physician, physician assistant, or advanced practice nurse practitioner. 

 

(b) A health plan is not required to cover the drug if dispensed by an out-of-network pharmacy, unless the health plan covers prescription drugs dispensed by out-of-network pharmacies.

 

Sec. 3.  Minnesota Statutes 2018, section 147A.01, subdivision 3, is amended to read:

 

Subd. 3.  Administer.  "Administer" means the delivery by a physician assistant authorized to prescribe legend drugs, a single dose of a legend drug, including controlled substances, to a patient by injection, inhalation, ingestion, or by any other immediate means, and the delivery by a physician assistant ordered by a physician a single dose of a legend drug by injection, inhalation, ingestion, or by any other immediate means.

 

Sec. 4.  Minnesota Statutes 2018, section 147A.01, is amended by adding a subdivision to read:

 

Subd. 6a.  Collaborating physician.  "Collaborating physician" means a Minnesota licensed physician who oversees the performance, practice, and activities of a physician assistant under a collaborative agreement as described in section 147A.02, paragraph (c).

 

Sec. 5.  Minnesota Statutes 2018, section 147A.01, subdivision 21, is amended to read:

 

Subd. 21.  Prescription.  "Prescription" means a signed written order, an oral order reduced to writing, or an electronic order meeting current and prevailing standards given by a physician assistant authorized to prescribe drugs for patients in the course of the physician assistant's practice, and issued for an individual patient and containing the information required in the physician-physician assistant delegation agreement.

 

Sec. 6.  Minnesota Statutes 2018, section 147A.01, subdivision 26, is amended to read:

 

Subd. 26.  Therapeutic order.  "Therapeutic order" means an a written or verbal order given to another for the purpose of treating or curing a patient in the course of a physician assistant's practice.  Therapeutic orders may be written or verbal, but do not include the prescribing of legend drugs or medical devices unless prescribing authority has been delegated within the physician-physician assistant delegation agreement.

 

Sec. 7.  Minnesota Statutes 2018, section 147A.01, subdivision 27, is amended to read:

 

Subd. 27.  Verbal order.  "Verbal order" means an oral order given to another for the purpose of treating or curing a patient in the course of a physician assistant's practice.  Verbal orders do not include the prescribing of legend drugs unless prescribing authority has been delegated within the physician-physician assistant delegation agreement.

 

Sec. 8.  Minnesota Statutes 2018, section 147A.02, is amended to read:

 

147A.02 QUALIFICATIONS FOR LICENSURE.

 

Except as otherwise provided in this chapter, an individual shall be licensed by the board before the individual may practice as a physician assistant.


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(a) The board may grant a license as a physician assistant to an applicant who:

 

(1) submits an application on forms approved by the board;

 

(2) pays the appropriate fee as determined by the board;

 

(3) has current certification from the National Commission on Certification of Physician Assistants, or its successor agency as approved by the board;

 

(4) certifies that the applicant is mentally and physically able to engage safely in practice as a physician assistant;

 

(5) has no licensure, certification, or registration as a physician assistant under current discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as a physician assistant, unless the board considers the condition and agrees to licensure;

 

(6) submits any other information the board deems necessary to evaluate the applicant's qualifications; and

 

(7) has been approved by the board.

 

(b) All persons registered as physician assistants as of June 30, 1995, are eligible for continuing license renewal.  All persons applying for licensure after that date shall be licensed according to this chapter.

 

(c) A physician assistant who qualifies for licensure must practice for at least 2,080 hours, within the context of a collaborative agreement, within a hospital or integrated clinical setting where physician assistants and physicians work together to provide patient care.  The physician assistant shall submit written evidence to the board with the application, or upon completion of the required collaborative practice experience.  For purposes of this paragraph, a collaborative agreement is a mutually agreed upon plan for the overall working relationship and collaborative arrangement between a physician assistant, and one or more physicians licensed under chapter 147, that designates the scope of services that can be provided to manage the care of patients.  The physician assistant and one of the collaborative physicians must have experience in providing care to patients with the same or similar medical conditions.  The collaborating physician is not required to be physically present so long as the collaborating physician and physician assistant are or can be easily in contact with each other by radio, telephone, or other telecommunication device.

 

Sec. 9.  Minnesota Statutes 2018, section 147A.03, is amended by adding a subdivision to read:

 

Subd. 1a.  Licensure required.  Except as provided under subdivision 2, it is unlawful for any person to practice as a physician assistant without being issued a valid license according to this chapter.

 

Sec. 10.  Minnesota Statutes 2018, section 147A.05, is amended to read:

 

147A.05 INACTIVE LICENSE.

 

(a) Physician assistants who notify the board in writing may elect to place their license on an inactive status.  Physician assistants with an inactive license shall be excused from payment of renewal fees and shall not practice as physician assistants.  Persons who engage in practice while their license is lapsed or on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under section 147A.13.  Physician assistants who provide care under the provisions of section 147A.23 shall not be considered practicing without a license or subject to disciplinary action.  Physician assistants who notify the board of their intent to resume active practice shall be required to pay the current renewal fees and all unpaid back fees and shall be required to meet the criteria for renewal specified in section 147A.07.


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(b) Notwithstanding section 147A.03, subdivision 1, a person with an inactive license may continue to use the protected titles specified in section 147A.03, subdivision 1, so long as the person does not practice as a physician assistant.

 

Sec. 11.  Minnesota Statutes 2019 Supplement, section 147A.06, is amended to read:

 

147A.06 CANCELLATION OF LICENSE FOR NONRENEWAL.

 

Subdivision 1.  Cancellation of license.  The board shall not renew, reissue, reinstate, or restore a license that has lapsed on or after July 1, 1996, and has not been renewed within two annual renewal cycles starting July 1, 1997.  A licensee whose license is canceled for nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements then in existence for an initial license to practice as a physician assistant.

 

Subd. 2.  Licensure following lapse of licensed status; transition.  (a) A licensee whose license has lapsed under subdivision 1 before January 1, 2020, and who seeks to regain licensed status after January 1, 2020, shall be treated as a first-time licensee only for purposes of establishing a license renewal schedule, and shall not be subject to the license cycle conversion provisions in section 147A.29.

 

(b) This subdivision expires July 1, 2022.

 

Sec. 12.  Minnesota Statutes 2018, section 147A.09, is amended to read:

 

147A.09 SCOPE OF PRACTICE, DELEGATION.

 

Subdivision 1.  Scope of practice.  Physician assistants shall practice medicine only with physician supervision.  Physician assistants may perform those duties and responsibilities as delegated in the physician-physician assistant delegation agreement and delegation forms maintained at the address of record by the supervising physician and physician assistant, including the prescribing, administering, and dispensing of drugs, controlled substances, and medical devices, excluding anesthetics, other than local anesthetics, injected in connection with an operating room procedure, inhaled anesthesia and spinal anesthesia under an established practice agreement.

 

Patient service must be limited to A physician assistant's scope of practice includes:

 

(1) services within the training and experience of the physician assistant;

 

(2) patient services customary to the practice of the supervising physician or alternate supervising physician physician assistant and the practice agreement; and

 

(3) services delegated by the supervising physician or alternate supervising physician under the physician‑physician assistant delegation agreement; and

 

(4) services within the parameters of the laws, rules, and standards of the facilities in which the physician assistant practices.

 

Nothing in this chapter authorizes physician assistants to perform duties regulated by the boards listed in section 214.01, subdivision 2, other than the Board of Medical Practice, and except as provided in this section.

 

Subd. 2.  Delegation Patient services.  Patient services may include, but are not limited to, the following, as delegated by the supervising physician and authorized in the delegation agreement:

 

(1) taking patient histories and developing medical status reports;


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(2) performing physical examinations;

 

(3) interpreting and evaluating patient data;

 

(4) ordering or, performing, or reviewing diagnostic procedures, including the use of radiographic imaging systems in compliance with Minnesota Rules 2007, chapter 4732, but excluding interpreting computed tomography scans, magnetic resonance imaging scans, positron emission tomography scans, nuclear scans, and mammography;

 

(5) ordering or performing therapeutic procedures including the use of ionizing radiation in compliance with Minnesota Rules 2007, chapter 4732;

 

(6) providing instructions regarding patient care, disease prevention, and health promotion;

 

(7) assisting the supervising physician in providing patient care in the home and in health care facilities;

 

(8) creating and maintaining appropriate patient records;

 

(9) transmitting or executing specific orders at the direction of the supervising physician;

 

(10) prescribing, administering, and dispensing drugs, controlled substances, and medical devices if this function has been delegated by the supervising physician pursuant to and subject to the limitations of section 147A.18 and chapter 151.  For physician assistants who have been delegated the authority to prescribe controlled substances, such delegation shall be included in the physician-physician assistant delegation agreement, and all schedules of controlled substances the physician assistant has the authority to prescribe shall be specified, including administering local anesthetics, but excluding anesthetics injected in connection with an operating room procedure, inhaled anesthesia, and spinal anesthesia;

 

(11) for physician assistants not delegated prescribing authority, administering legend drugs and medical devices following prospective review for each patient by and upon direction of the supervising physician;

 

(12) functioning as an emergency medical technician with permission of the ambulance service and in compliance with section 144E.127, and ambulance service rules adopted by the commissioner of health;

 

(13) (12) initiating evaluation and treatment procedures essential to providing an appropriate response to emergency situations;

 

(14) (13) certifying a patient's eligibility for a disability parking certificate under section 169.345, subdivision 2;

 

(15) (14) assisting at surgery; and

 

(16) (15) providing medical authorization for admission for emergency care and treatment of a patient under section 253B.05, subdivision 2.

 

Orders of physician assistants shall be considered the orders of their supervising physicians in all practice-related activities, including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services.

 

Subd. 3.  Practice agreement review.  A physician assistant shall have a practice agreement at the practice level that describes the practice of the physician assistant.  The practice agreement must be reviewed on an annual basis by a licensed physician within the same clinic, hospital, health system, or other facility as the physician assistant and has knowledge of the physician assistant's practice to ensure that the physician assistant's medical practice is consistent with the practice agreement.  A document stating that the review occurred must be maintained at the practice level and made available to the board, upon request.


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Subd. 4.  Scope of practice limitations; spinal injections for acute and chronic pain.  Notwithstanding subdivision 1, a physician assistant may only perform spinal injections to address acute and chronic pain symptoms upon referral and in collaboration with a physician licensed under chapter 147.  For purposes of performing spinal injections for acute or chronic pain symptoms, the physician assistant and one or more physicians licensed under chapter 147 must have a mutually agreed upon plan that designates the scope of collaboration necessary for treating patients with acute and chronic pain.

 

Subd. 5.  Scope of practice limitations; psychiatric care for children with emotional disturbance or adults with serious mental illness.  Notwithstanding subdivision 1, a physician assistant may only provide ongoing psychiatric treatment for children with emotional disturbance, as defined in section 245.4871, subdivision 15, or adults with serious mental illness in collaboration with a physician licensed under chapter 147.  For purposes of providing ongoing psychiatric treatment for children with emotional disturbance or adults with serious mental illness, the practice agreement between the physician assistant and one or more physicians licensed under chapter 147 must define the collaboration between the physician assistant and the collaborating physician, including appropriate consultation or referral to psychiatry.

 

Sec. 13.  Minnesota Statutes 2018, section 147A.13, subdivision 1, is amended to read:

 

Subdivision 1.  Grounds listed.  The board may refuse to grant licensure or may impose disciplinary action as described in this subdivision against any physician assistant.  The following conduct is prohibited and is grounds for disciplinary action:

 

(1) failure to demonstrate the qualifications or satisfy the requirements for licensure contained in this chapter or rules of the board.  The burden of proof shall be upon the applicant to demonstrate such qualifications or satisfaction of such requirements;

 

(2) obtaining a license by fraud or cheating, or attempting to subvert the examination process.  Conduct which subverts or attempts to subvert the examination process includes, but is not limited to:

 

(i) conduct which violates the security of the examination materials, such as removing examination materials from the examination room or having unauthorized possession of any portion of a future, current, or previously administered licensing examination;

 

(ii) conduct which violates the standard of test administration, such as communicating with another examinee during administration of the examination, copying another examinee's answers, permitting another examinee to copy one's answers, or possessing unauthorized materials; and

 

(iii) impersonating an examinee or permitting an impersonator to take the examination on one's own behalf;

 

(3) conviction, during the previous five years, of a felony reasonably related to the practice of physician assistant.  Conviction as used in this subdivision includes a conviction of an offense which if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered;

 

(4) revocation, suspension, restriction, limitation, or other disciplinary action against the person's physician assistant credentials in another state or jurisdiction, failure to report to the board that charges regarding the person's credentials have been brought in another state or jurisdiction, or having been refused licensure by any other state or jurisdiction;

 

(5) advertising which is false or misleading, violates any rule of the board, or claims without substantiation the positive cure of any disease or professional superiority to or greater skill than that possessed by another physician assistant;


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(6) violating a rule adopted by the board or an order of the board, a state, or federal law which relates to the practice of a physician assistant, or in part regulates the practice of a physician assistant, including without limitation sections 604.201, 609.344, and 609.345, or a state or federal narcotics or controlled substance law;

 

(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient; or practice which is professionally incompetent, in that it may create unnecessary danger to any patient's life, health, or safety, in any of which cases, proof of actual injury need not be established;

 

(8) failure to adhere to the provisions of the physician-physician assistant delegation agreement;

 

(9) (8) engaging in the practice of medicine beyond that what is allowed by the physician-physician assistant delegation agreement under this chapter, or aiding or abetting an unlicensed person in the practice of medicine;

 

(10) (9) adjudication as mentally incompetent, mentally ill or developmentally disabled, or as a chemically dependent person, a person dangerous to the public, a sexually dangerous person, or a person who has a sexual psychopathic personality by a court of competent jurisdiction, within or without this state.  Such adjudication shall automatically suspend a license for its duration unless the board orders otherwise;

 

(11) (10) engaging in unprofessional conduct.  Unprofessional conduct includes any departure from or the failure to conform to the minimal standards of acceptable and prevailing practice in which proceeding actual injury to a patient need not be established;

 

(12) (11) inability to practice with reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills;

 

(13) (12) revealing a privileged communication from or relating to a patient except when otherwise required or permitted by law;

 

(14) (13) any identification of a physician assistant by the title "Physician," "Doctor," or "Dr." in a patient care setting or in a communication directed to the general public;

 

(15) (14) improper management of medical records, including failure to maintain adequate medical records, to comply with a patient's request made pursuant to sections 144.291 to 144.298, or to furnish a medical record or report required by law;

 

(16) (15) engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws;

 

(17) (16) becoming addicted or habituated to a drug or intoxicant;

 

(18) (17) prescribing a drug or device for other than medically accepted therapeutic, experimental, or investigative purposes authorized by a state or federal agency or referring a patient to any health care provider as defined in sections 144.291 to 144.298 for services or tests not medically indicated at the time of referral;

 

(19) (18) engaging in conduct with a patient which is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior which is seductive or sexually demeaning to a patient;

 

(20) (19) failure to make reports as required by section 147A.14 or to cooperate with an investigation of the board as required by section 147A.15, subdivision 3;


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(21) (20) knowingly providing false or misleading information that is directly related to the care of that patient unless done for an accepted therapeutic purpose such as the administration of a placebo;

 

(22) (21) aiding suicide or aiding attempted suicide in violation of section 609.215 as established by any of the following:

 

(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation of section 609.215, subdivision 1 or 2;

 

(ii) a copy of the record of a judgment of contempt of court for violating an injunction issued under section 609.215, subdivision 4;

 

(iii) a copy of the record of a judgment assessing damages under section 609.215, subdivision 5; or

 

(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.  The board shall investigate any complaint of a violation of section 609.215, subdivision 1 or 2; or

 

(23) (22) failure to maintain annually reviewed and updated physician-physician assistant delegation agreements for each physician-physician assistant practice relationship, or failure to provide copies of such documents upon request by the board failure to maintain the proof of review document as required under section 147A.09, subdivision 3, or to provide a copy of the document upon request of the board.

 

Sec. 14.  Minnesota Statutes 2018, section 147A.14, subdivision 4, is amended to read:

 

Subd. 4.  Licensed professionals.  Licensed health professionals and persons holding residency permits under section 147.0391, shall report to the board personal knowledge of any conduct which the person reasonably believes constitutes grounds for disciplinary action under this chapter by a physician assistant, including any conduct indicating that the person may be incompetent, or may have engaged in unprofessional conduct or may be medically or physically unable to engage safely in practice as a physician assistant.  No report shall be required if the information was obtained in the course of a physician-patient provider-patient relationship if the patient is a physician assistant, and the treating physician provider successfully counsels the person to limit or withdraw from practice to the extent required by the impairment.

 

Sec. 15.  Minnesota Statutes 2018, section 147A.16, is amended to read:

 

147A.16 FORMS OF DISCIPLINARY ACTION.

 

When the board finds that a licensed physician assistant has violated a provision of this chapter, it may do one or more of the following:

 

(1) revoke the license;

 

(2) suspend the license;

 

(3) impose limitations or conditions on the physician assistant's practice, including limiting the scope of practice to designated field specialties; impose imposing retraining or rehabilitation requirements; require practice under additional supervision; or condition continued limiting practice on until demonstration of knowledge or skills by appropriate examination or other review of skill and competence;

 

(4) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of the civil penalty to be fixed so as to deprive the physician assistant of any economic advantage gained by reason of the violation charged or to reimburse the board for the cost of the investigation and proceeding; or


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(5) order the physician assistant to provide unremunerated professional service under supervision at a designated public hospital, clinic, or other health care institution; or

 

(6) (5) censure or reprimand the licensed physician assistant.

 

Upon judicial review of any board disciplinary action taken under this chapter, the reviewing court shall seal the administrative record, except for the board's final decision, and shall not make the administrative record available to the public.

 

Sec. 16.  [147A.185] PRESCRIBING DRUGS AND THERAPEUTIC DEVICES.

 

Subd. 1.  Diagnosis, prescribing, and ordering.  A physician assistant is authorized to:

 

(1) diagnose, prescribe, and institute therapy or referrals of patients to health care agencies and providers;

 

(2) prescribe, procure, sign for, record, administer, and dispense over-the-counter drugs, legend drugs, and controlled substances, including sample drugs; and

 

(3) plan and initiate a therapeutic regimen that includes ordering and prescribing durable medical devices and equipment, nutrition, diagnostic services, and supportive services including but not limited to home health care, hospice, physical therapy, and occupational therapy.

 

Subd. 2.  Drug Enforcement Administration requirements.  (a) A physician assistant must:

 

(1) comply with federal Drug Enforcement Administration (DEA) requirements related to controlled substances; and

 

(2) file any and all of the physician assistant's DEA registrations and numbers with the board.

 

(b) The board shall maintain current records of all physician assistants with DEA registration and numbers.

 

Subd. 3.  Other requirements and restrictions.  (a) Each prescription initiated by a physician assistant shall indicate the following:

 

(1) the date of issue;

 

(2) the name and address of the patient;

 

(3) the name and quantity of the drug prescribed;

 

(4) directions for use; and

 

(5) the name and address of the prescribing physician assistant.

 

(b) In prescribing, dispensing, and administering legend drugs, controlled substances, and medical devices, a physician assistant must comply with this chapter and chapters 151 and 152.

 

Sec. 17.  Minnesota Statutes 2018, section 147A.23, is amended to read:

 

147A.23 RESPONDING TO DISASTER SITUATIONS.


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(a) A physician assistant duly licensed or credentialed in a United States jurisdiction or by a federal employer who is responding to a need for medical care created by an emergency according to section 604A.01, or a state or local disaster may render such care as the physician assistant is trained to provide, under the physician assistant's license or credential, without the need of a physician-physician assistant delegation agreement or a notice of intent to practice as required under section 147A.20.  A physician assistant may provide emergency care without physician supervision or under the supervision that is available.

 

(b) The physician who provides supervision to a physician assistant while the physician assistant is rendering care in accordance with this section may do so without meeting the requirements of section 147A.20.

 

(c) The supervising physician who otherwise provides supervision to a physician assistant under a physician‑physician assistant delegation agreement described in section 147A.20 shall not be held medically responsible for the care rendered by a physician assistant pursuant to paragraph (a).  Services provided by a physician assistant under paragraph (a) shall be considered outside the scope of the relationship between the supervising physician and the physician assistant.

 

Sec. 18.  Minnesota Statutes 2018, section 147D.03, subdivision 2, is amended to read:

 

Subd. 2.  Scope of practice.  The practice of traditional midwifery includes, but is not limited to:

 

(1) initial and ongoing assessment for suitability of traditional midwifery care;

 

(2) providing prenatal education and coordinating with a licensed health care provider as necessary to provide comprehensive prenatal care, including the routine monitoring of vital signs, indicators of fetal developments, and ordering standard prenatal laboratory tests and imaging, as needed, with attention to the physical, nutritional, and emotional needs of the woman and her family;

 

(3) attending and supporting the natural process of labor and birth;

 

(4) postpartum care of the mother and an initial assessment of the newborn; and

 

(5) providing information and referrals to community resources on childbirth preparation, breastfeeding, exercise, nutrition, parenting, and care of the newborn.; and

 

(6) ordering ultrasounds, providing point-of-care testing, and ordering laboratory tests that conform to the standard prenatal protocol of the licensed traditional midwife's standard of care.

 

Sec. 19.  Minnesota Statutes 2019 Supplement, section 151.01, subdivision 23, is amended to read:

 

Subd. 23.  Practitioner.  "Practitioner" means a licensed doctor of medicine, licensed doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, or licensed advanced practice registered nurse.  For purposes of sections 151.15, subdivision 4; 151.211, subdivision 3; 151.252, subdivision 3; 151.37, subdivision 2, paragraphs (b), (e), and (f); and 151.461, "practitioner" also means a, or licensed physician assistant authorized to prescribe, dispense, and administer under chapter 147A.  For purposes of sections 151.15, subdivision 4; 151.211, subdivision 3; 151.252, subdivision 3; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and administer under chapter 150A.  For purposes of sections 151.252, subdivision 3, and 151.461, "practitioner" also means a pharmacist authorized to prescribe self-administered hormonal contraceptives, nicotine replacement medications, or opiate antagonists under section 151.37, subdivision 14, 15, or 16.


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Sec. 20.  Minnesota Statutes 2019 Supplement, section 151.01, subdivision 27, is amended to read:

 

Subd. 27.  Practice of pharmacy.  "Practice of pharmacy" means:

 

(1) interpretation and evaluation of prescription drug orders;

 

(2) compounding, labeling, and dispensing drugs and devices (except labeling by a manufacturer or packager of nonprescription drugs or commercially packaged legend drugs and devices);

 

(3) participation in clinical interpretations and monitoring of drug therapy for assurance of safe and effective use of drugs, including the performance of laboratory tests that are waived under the federal Clinical Laboratory Improvement Act of 1988, United States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the results of laboratory tests but may modify drug therapy only pursuant to a protocol or collaborative practice agreement;

 

(4) participation in drug and therapeutic device selection; drug administration for first dosage and medical emergencies; intramuscular and subcutaneous administration used for the treatment of alcohol or opioid dependence; drug regimen reviews; and drug or drug-related research;

 

(5) drug administration, through intramuscular and subcutaneous administration used to treat mental illnesses as permitted under the following conditions:

 

(i) upon the order of a prescriber and the prescriber is notified after administration is complete; or

 

(ii) pursuant to a protocol or collaborative practice agreement as defined by section 151.01, subdivisions 27b and 27c, and participation in the initiation, management, modification, administration, and discontinuation of drug therapy is according to the protocol or collaborative practice agreement between the pharmacist and a dentist, optometrist, physician, podiatrist, or veterinarian, or an advanced practice registered nurse authorized to prescribe, dispense, and administer under section 148.235.  Any changes in drug therapy or medication administration made pursuant to a protocol or collaborative practice agreement must be documented by the pharmacist in the patient's medical record or reported by the pharmacist to a practitioner responsible for the patient's care;

 

(6) participation in administration of influenza vaccines and vaccines approved by the United States Food and Drug Administration related to COVID-19 or SARS-CoV-2 to all eligible individuals six years of age and older and all other vaccines to patients 13 years of age and older by written protocol with a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice registered nurse authorized to prescribe drugs under section 148.235, provided that:

 

(i) the protocol includes, at a minimum:

 

(A) the name, dose, and route of each vaccine that may be given;

 

(B) the patient population for whom the vaccine may be given;

 

(C) contraindications and precautions to the vaccine;

 

(D) the procedure for handling an adverse reaction;

 

(E) the name, signature, and address of the physician, physician assistant, or advanced practice registered nurse;

 

(F) a telephone number at which the physician, physician assistant, or advanced practice registered nurse can be contacted; and


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(G) the date and time period for which the protocol is valid;

 

(ii) the pharmacist has successfully completed a program approved by the Accreditation Council for Pharmacy Education specifically for the administration of immunizations or a program approved by the board;

 

(iii) the pharmacist utilizes the Minnesota Immunization Information Connection to assess the immunization status of individuals prior to the administration of vaccines, except when administering influenza vaccines to individuals age nine and older;

 

(iv) the pharmacist reports the administration of the immunization to the Minnesota Immunization Information Connection; and

 

(v) the pharmacist complies with guidelines for vaccines and immunizations established by the federal Advisory Committee on Immunization Practices, except that a pharmacist does not need to comply with those portions of the guidelines that establish immunization schedules when administering a vaccine pursuant to a valid, patient-specific order issued by a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice registered nurse authorized to prescribe drugs under section 148.235, provided that the order is consistent with the United States Food and Drug Administration approved labeling of the vaccine;

 

(7) participation in the initiation, management, modification, and discontinuation of drug therapy according to a written protocol or collaborative practice agreement between:  (i) one or more pharmacists and one or more dentists, optometrists, physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more physician assistants authorized to prescribe, dispense, and administer under chapter 147A, or advanced practice registered nurses authorized to prescribe, dispense, and administer under section 148.235.  Any changes in drug therapy made pursuant to a protocol or collaborative practice agreement must be documented by the pharmacist in the patient's medical record or reported by the pharmacist to a practitioner responsible for the patient's care;

 

(8) participation in the storage of drugs and the maintenance of records;

 

(9) patient counseling on therapeutic values, content, hazards, and uses of drugs and devices;

 

(10) offering or performing those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a pharmacy; and

 

(11) participation in the initiation, management, modification, and discontinuation of therapy with opiate antagonists, as defined in section 604A.04, subdivision 1, pursuant to:

 

(i) a written protocol as allowed under clause (6); or

 

(ii) a written protocol with a community health board medical consultant or a practitioner designated by the commissioner of health, as allowed under section 151.37, subdivision 13; and

 

(12) prescribing self-administered hormonal contraceptives; nicotine replacement medications; and opiate antagonists for the treatment of an acute opiate overdose pursuant to section 151.37, subdivision 14, 15, or 16.

 

Sec. 21.  Minnesota Statutes 2018, section 151.01, is amended by adding a subdivision to read:

 

Subd. 42.  Self-administered hormonal contraceptive.  "Self-administered hormonal contraceptive" means a drug composed of a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and is administered by the user.


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Sec. 22.  Minnesota Statutes 2018, section 151.37, subdivision 2, is amended to read:

 

Subd. 2.  Prescribing and filing.  (a) A licensed practitioner in the course of professional practice only, may prescribe, administer, and dispense a legend drug, and may cause the same to be administered by a nurse, a physician assistant, or medical student or resident under the practitioner's direction and supervision, and may cause a person who is an appropriately certified, registered, or licensed health care professional to prescribe, dispense, and administer the same within the expressed legal scope of the person's practice as defined in Minnesota Statutes.  A licensed practitioner may prescribe a legend drug, without reference to a specific patient, by directing a licensed dietitian or licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235, subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist according to section 151.01, subdivision 27, to adhere to a particular practice guideline or protocol when treating patients whose condition falls within such guideline or protocol, and when such guideline or protocol specifies the circumstances under which the legend drug is to be prescribed and administered.  An individual who verbally, electronically, or otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug.  This paragraph applies to a physician assistant only if the physician assistant meets the requirements of section 147A.18.

 

(b) The commissioner of health, if a licensed practitioner, or a person designated by the commissioner who is a licensed practitioner, may prescribe a legend drug to an individual or by protocol for mass dispensing purposes where the commissioner finds that the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.  The commissioner, if a licensed practitioner, or a designated licensed practitioner, may prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 to control tuberculosis and other communicable diseases.  The commissioner may modify state drug labeling requirements, and medical screening criteria and documentation, where time is critical and limited labeling and screening are most likely to ensure legend drugs reach the maximum number of persons in a timely fashion so as to reduce morbidity and mortality.

 

(c) A licensed practitioner that dispenses for profit a legend drug that is to be administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must file with the practitioner's licensing board a statement indicating that the practitioner dispenses legend drugs for profit, the general circumstances under which the practitioner dispenses for profit, and the types of legend drugs generally dispensed.  It is unlawful to dispense legend drugs for profit after July 31, 1990, unless the statement has been filed with the appropriate licensing board.  For purposes of this paragraph, "profit" means (1) any amount received by the practitioner in excess of the acquisition cost of a legend drug for legend drugs that are purchased in prepackaged form, or (2) any amount received by the practitioner in excess of the acquisition cost of a legend drug plus the cost of making the drug available if the legend drug requires compounding, packaging, or other treatment.  The statement filed under this paragraph is public data under section 13.03.  This paragraph does not apply to a licensed doctor of veterinary medicine or a registered pharmacist.  Any person other than a licensed practitioner with the authority to prescribe, dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.  To dispense for profit does not include dispensing by a community health clinic when the profit from dispensing is used to meet operating expenses.

 

(d) A prescription drug order for the following drugs is not valid, unless it can be established that the prescription drug order was based on a documented patient evaluation, including an examination, adequate to establish a diagnosis and identify underlying conditions and contraindications to treatment:

 

(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;

 

(2) drugs defined by the Board of Pharmacy as controlled substances under section 152.02, subdivisions 7, 8, and 12;

 

(3) muscle relaxants;

 

(4) centrally acting analgesics with opioid activity;

 

(5) drugs containing butalbital; or


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(6) phosphodiesterase type 5 inhibitors when used to treat erectile dysfunction.

 

For purposes of prescribing drugs listed in clause (6), the requirement for a documented patient evaluation, including an examination, may be met through the use of telemedicine, as defined in section 147.033, subdivision 1.

 

(e) For the purposes of paragraph (d), the requirement for an examination shall be met if an in-person examination has been completed in any of the following circumstances:

 

(1) the prescribing practitioner examines the patient at the time the prescription or drug order is issued;

 

(2) the prescribing practitioner has performed a prior examination of the patient;

 

(3) another prescribing practitioner practicing within the same group or clinic as the prescribing practitioner has examined the patient;

 

(4) a consulting practitioner to whom the prescribing practitioner has referred the patient has examined the patient; or

 

(5) the referring practitioner has performed an examination in the case of a consultant practitioner issuing a prescription or drug order when providing services by means of telemedicine.

 

(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing a drug through the use of a guideline or protocol pursuant to paragraph (a).

 

(g) Nothing in this chapter prohibits a licensed practitioner from issuing a prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy in the Management of Sexually Transmitted Diseases guidance document issued by the United States Centers for Disease Control.

 

(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing of legend drugs through a public health clinic or other distribution mechanism approved by the commissioner of health or a community health board in order to prevent, mitigate, or treat a pandemic illness, infectious disease outbreak, or intentional or accidental release of a biological, chemical, or radiological agent.

 

(i) No pharmacist employed by, under contract to, or working for a pharmacy located within the state and licensed under section 151.19, subdivision 1, may dispense a legend drug based on a prescription that the pharmacist knows, or would reasonably be expected to know, is not valid under paragraph (d).

 

(j) No pharmacist employed by, under contract to, or working for a pharmacy located outside the state and licensed under section 151.19, subdivision 1, may dispense a legend drug to a resident of this state based on a prescription that the pharmacist knows, or would reasonably be expected to know, is not valid under paragraph (d).

 

(k) Nothing in this chapter prohibits the commissioner of health, if a licensed practitioner, or, if not a licensed practitioner, a designee of the commissioner who is a licensed practitioner, from prescribing legend drugs for field‑delivered therapy in the treatment of a communicable disease according to the Centers For Disease Control and Prevention Partner Services Guidelines.

 

Sec. 23.  Minnesota Statutes 2018, section 151.37, is amended by adding a subdivision to read:

 

Subd. 14.  Self-administered hormonal contraceptives.  (a) A pharmacist is authorized to prescribe self‑administered hormonal contraceptives if the intended use is contraception in accordance with this subdivision.  By January 1, 2021, the board shall develop a standardized protocol for the pharmacist to follow in prescribing


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self‑administrated hormonal contraceptives.  In developing the protocol, the board shall consult with the Minnesota Board of Medical Practice; the Minnesota Board of Nursing; the commissioner of health; the Minnesota section of the American Congress of Obstetricians and Gynecologists; professional pharmacy associations; and professional associations of physicians, physician assistants, and advanced practice registered nurses.  The protocol must, at a minimum, include:

 

(1) requiring the patient to complete a self-screening tool to identify patient risk factors for the use of self‑administered hormonal contraceptives, based on the current United States Medical Eligibility Criteria for Contraceptive Use developed by the federal Centers for Disease Control and Prevention;

 

(2) requiring the pharmacist to review the screening tool with the patient;

 

(3) other assessments the pharmacist should make before prescribing self-administered hormonal contraceptives;

 

(4) situations when the prescribing of self-administered hormonal contraceptives by a pharmacist is contraindicated;

 

(5) situations when the pharmacist must refer a patient to the patient's primary care provider or, if the patient does not have a primary care provider, to a nearby clinic or hospital; and

 

(6) any additional information concerning the requirements and prohibitions in this subdivision that the board considers necessary.

 

(b) Before a pharmacist is authorized to prescribe a self-administered hormonal contraceptive to a patient under this subdivision, the pharmacist shall successfully complete a training program on prescribing self-administered hormonal contraceptives that is offered by a college of pharmacy or by a continuing education provider that is accredited by the Accreditation Council for Pharmacy Education, or a program approved by the board.  To maintain authorization to prescribe, the pharmacist shall complete continuing education requirements as specified by the board.

 

(c) Before prescribing a self-administered hormonal contraceptive, the pharmacist shall follow the standardized protocol developed under paragraph (a), and if appropriate, may prescribe a self-administered hormonal contraceptive to a patient, if the patient is:

 

(1) 18 years of age or older; or

 

(2) under the age of 18 if the patient has previously been prescribed a self-administered hormonal contraceptive by a licensed physician, physician assistant, or advanced practice registered nurse. 

 

(d) The pharmacist shall provide counseling to the patient on the use of self-administered hormonal contraceptives and provide the patient with a fact sheet that includes but is not limited to the contraindications for use of the drug, the appropriate method for using the drug, the need for medical follow-up, and any additional information listed in Minnesota Rules, part 6800.0910, subpart 2, that is required to be given to a patient during the counseling process.  The pharmacist shall also provide the patient with a written record of the self-administered hormonal contraceptive prescribed by the pharmacist.

 

(e) If a pharmacist prescribes and dispenses a self-administered hormonal contraceptive under this subdivision, the pharmacist shall not prescribe a refill to the patient unless the patient has evidence of a clinical visit with a physician, physician assistant, or advanced practice registered nurse within the preceding three years. 


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(f) A pharmacist who is authorized to prescribe a self-administered hormonal contraceptive is prohibited from delegating the prescribing to any other person.  A pharmacist intern registered pursuant to section 151.101 may prepare a prescription for a self-administered hormonal contraceptive, but before the prescription is processed or dispensed, a pharmacist authorized to prescribe under this subdivision must review, approve, and sign the prescription.

 

(g) Nothing in this subdivision prohibits a pharmacist from participating in the initiation, management, modification, and discontinuation of drug therapy according to a protocol or collaborative agreement as authorized in this section and in section 151.01, subdivision 27.

 

Sec. 24.  Minnesota Statutes 2018, section 151.37, is amended by adding a subdivision to read:

 

Subd. 15.  Nicotine replacement medications.  (a) A pharmacist is authorized to prescribe nicotine replacement medications approved by the United States Food and Drug Administration in accordance with this subdivision.  By January 1, 2021, the board shall develop a standardized protocol for the pharmacist to follow in prescribing nicotine replacement medications.  In developing the protocol, the board shall consult with the Minnesota Board of Medical Practice; the Minnesota Board of Nursing; the commissioner of health; professional pharmacy associations; and professional associations of physicians, physician assistants, and advanced practice registered nurses.

 

(b) Before a pharmacist is authorized to prescribe nicotine replacement medications under this subdivision, the pharmacist shall successfully complete a training program specifically developed for prescribing nicotine replacement medications that is offered by a college of pharmacy or by a continuing education provider that is accredited by the Accreditation Council for Pharmacy Education, or a program approved by the board.  To maintain authorization to prescribe, the pharmacist shall complete continuing education requirements as specified by the board.

 

(c) Before prescribing a nicotine replacement medication, the pharmacist shall follow the appropriate standardized protocol developed under paragraph (a), and if appropriate, may dispense to a patient a nicotine replacement medication.

 

(d) The pharmacist shall provide counseling to the patient on the use of the nicotine replacement medication and provide the patient with a fact sheet that includes but is not limited to the indications and contraindications for use of a nicotine replacement medication, the appropriate method for using the medication or product, the need for medical follow-up, and any additional information listed in Minnesota Rules, part 6800.0910, subpart 2, that is required to be given to a patient during the counseling process.  The pharmacist shall also provide the patient with a written record of the medication prescribed by the pharmacist.

 

(e) A pharmacist who is authorized to prescribe a nicotine replacement medication under this subdivision is prohibited from delegating the prescribing of the medication to any other person.  A pharmacist intern registered pursuant to section 151.101 may prepare a prescription for the medication, but before the prescription is processed or dispensed, a pharmacist authorized to prescribe under this subdivision must review, approve, and sign the prescription.

 

(f) Nothing in this subdivision prohibits a pharmacist from participating in the initiation, management, modification, and discontinuation of drug therapy according to a protocol or collaborative agreement as authorized in this section and in section 151.01, subdivision 27.

 

Sec. 25.  Minnesota Statutes 2018, section 151.37, is amended by adding a subdivision to read:


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Subd. 16.  Opiate antagonists for the treatment of an acute opiate overdose.  (a) A pharmacist is authorized to prescribe opiate antagonists for the treatment of an acute opiate overdose.  By January 1, 2021, the board shall develop a standardized protocol for the pharmacist to follow in prescribing an opiate antagonist.  In developing the protocol, the board shall consult with the Minnesota Board of Medical Practice; the Minnesota Board of Nursing; the commissioner of health; professional pharmacy associations; and professional associations of physicians, physician assistants, and advanced practice registered nurses.

 

(b) Before a pharmacist is authorized to prescribe an opiate antagonist under this subdivision, the pharmacist shall successfully complete a training program specifically developed for prescribing opiate antagonists for the treatment of an acute opiate overdose that is offered by a college of pharmacy or by a continuing education provider that is accredited by the Accreditation Council for Pharmacy Education, or a program approved by the board.  To maintain authorization to prescribe, the pharmacist shall complete continuing education requirements as specified by the board.

 

(c) Before prescribing an opiate antagonist under this subdivision, the pharmacist shall follow the appropriate standardized protocol developed under paragraph (a), and if appropriate, may dispense to a patient an opiate antagonist.

 

(d) The pharmacist shall provide counseling to the patient on the use of the opiate antagonist and provide the patient with a fact sheet that includes but is not limited to the indications and contraindications for use of the opiate antagonist, the appropriate method for using the opiate antagonist, the need for medical follow-up, and any additional information listed in Minnesota Rules, part 6800.0910, subpart 2, that is required to be given to a patient during the counseling process.  The pharmacist shall also provide the patient with a written record of the opiate antagonist prescribed by the pharmacist.

 

(e) A pharmacist who prescribes an opiate antagonist under this subdivision is prohibited from delegating the prescribing of the medication to any other person.  A pharmacist intern registered pursuant to section 151.101 may prepare the prescription for the opiate antagonist, but before the prescription is processed or dispensed, a pharmacist authorized to prescribe under this subdivision must review, approve, and sign the prescription.

 

(f) Nothing in this subdivision prohibits a pharmacist from participating in the initiation, management, modification, and discontinuation of drug therapy according to a protocol as authorized in this section and in section 151.01, subdivision 27.

 

Sec. 26.  Minnesota Statutes 2019 Supplement, section 151.555, subdivision 3, is amended to read:

 

Subd. 3.  Central repository requirements.  (a) The board shall may 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 If the board publishes a request for proposal, it shall follow all applicable state procurement procedures in the selection process.  The board may also work directly with the University of Minnesota to establish a central repository.

 

(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.

 

(d) The central repository shall comply with all applicable federal and state laws, rules, and regulations pertaining to the drug repository program, drug storage, and dispensing.  The facility must maintain in good standing any state license or registration that applies to the facility.

 

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


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Sec. 27.  Minnesota Statutes 2018, section 152.12, subdivision 1, is amended to read:

 

Subdivision 1.  Prescribing, dispensing, administering controlled substances in Schedules II through V.  A licensed doctor of medicine, a doctor of osteopathic medicine, duly licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a licensed doctor of podiatry, a licensed advanced practice registered nurse, a licensed physician assistant, or a licensed doctor of optometry limited to Schedules IV and V, and in the course of professional practice only, may prescribe, administer, and dispense a controlled substance included in Schedules II through V of section 152.02, may cause the same to be administered by a nurse, an intern or an assistant under the direction and supervision of the doctor, and may cause a person who is an appropriately certified and licensed health care professional to prescribe and administer the same within the expressed legal scope of the person's practice as defined in Minnesota Statutes.

 

Sec. 28.  Minnesota Statutes 2019 Supplement, section 256B.0625, subdivision 13, is amended to read:

 

Subd. 13.  Drugs.  (a) Medical assistance covers drugs, except for fertility drugs when specifically used to enhance fertility, if prescribed by a licensed practitioner and dispensed by a licensed pharmacist, by a physician enrolled in the medical assistance program as a dispensing physician, or by a physician, physician assistant, or a nurse practitioner employed by or under contract with a community health board as defined in section 145A.02, subdivision 5, for the purposes of communicable disease control.

 

(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply, unless authorized by the commissioner.

 

(c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical ingredient" is defined as a substance that is represented for use in a drug and when used in the manufacturing, processing, or packaging of a drug becomes an active ingredient of the drug product.  An "excipient" is defined as an inert substance used as a diluent or vehicle for a drug.  The commissioner shall establish a list of active pharmaceutical ingredients and excipients which are included in the medical assistance formulary.  Medical assistance covers selected active pharmaceutical ingredients and excipients used in compounded prescriptions when the compounded combination is specifically approved by the commissioner or when a commercially available product:

 

(1) is not a therapeutic option for the patient;

 

(2) does not exist in the same combination of active ingredients in the same strengths as the compounded prescription; and

 

(3) cannot be used in place of the active pharmaceutical ingredient in the compounded prescription.

 

(d) Medical assistance covers the following over-the-counter drugs when prescribed by a licensed practitioner or by a licensed pharmacist who meets standards established by the commissioner, in consultation with the board of pharmacy:  antacids, acetaminophen, family planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults with documented vitamin deficiencies, vitamins for children under the age of seven and pregnant or nursing women, and any other over-the-counter drug identified by the commissioner, in consultation with the Formulary Committee, as necessary, appropriate, and cost-effective for the treatment of certain specified chronic diseases, conditions, or disorders, and this determination shall not be subject to the requirements of chapter 14.  A pharmacist may prescribe over-the-counter medications as provided under this paragraph for purposes of receiving reimbursement under Medicaid.  When prescribing over-the-counter drugs under this paragraph, licensed pharmacists must consult with the recipient to determine necessity, provide drug counseling, review drug therapy for potential adverse interactions, and make referrals as needed to other health care professionals.


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(e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible for drug coverage as defined in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A).  For these individuals, medical assistance may cover drugs from the drug classes listed in United States Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to 13g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall not be covered.

 

(f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B covered entities and ambulatory pharmacies under common ownership of the 340B covered entity.  Medical assistance does not cover drugs acquired through the federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies.

 

(g) Notwithstanding paragraph (a), medical assistance covers self-administered hormonal contraceptives prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 14; nicotine replacement medications prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 15; and opiate antagonists used for the treatment of an acute opiate overdose prescribed and dispensed by a licensed pharmacist in accordance with section 151.37, subdivision 16.

 

Sec. 29.  Minnesota Statutes 2018, section 256B.0625, subdivision 13h, is amended to read:

 

Subd. 13h.  Medication therapy management services.  (a) Medical assistance covers medication therapy management services for a recipient taking prescriptions to treat or prevent one or more chronic medical conditions.  For purposes of this subdivision, "medication therapy management" means the provision of the following pharmaceutical care services by a licensed pharmacist to optimize the therapeutic outcomes of the patient's medications:

 

(1) performing or obtaining necessary assessments of the patient's health status;

 

(2) formulating a medication treatment plan, which may include prescribing medications or products in accordance with section 151.37, subdivision 14, 15, or 16;

 

(3) monitoring and evaluating the patient's response to therapy, including safety and effectiveness;

 

(4) performing a comprehensive medication review to identify, resolve, and prevent medication-related problems, including adverse drug events;

 

(5) documenting the care delivered and communicating essential information to the patient's other primary care providers;

 

(6) providing verbal education and training designed to enhance patient understanding and appropriate use of the patient's medications;

 

(7) providing information, support services, and resources designed to enhance patient adherence with the patient's therapeutic regimens; and

 

(8) coordinating and integrating medication therapy management services within the broader health care management services being provided to the patient.

 

Nothing in this subdivision shall be construed to expand or modify the scope of practice of the pharmacist as defined in section 151.01, subdivision 27.


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(b) To be eligible for reimbursement for services under this subdivision, a pharmacist must meet the following requirements:

 

(1) have a valid license issued by the Board of Pharmacy of the state in which the medication therapy management service is being performed;

 

(2) have graduated from an accredited college of pharmacy on or after May 1996, or completed a structured and comprehensive education program approved by the Board of Pharmacy and the American Council of Pharmaceutical Education for the provision and documentation of pharmaceutical care management services that has both clinical and didactic elements;

 

(3) be practicing in an ambulatory care setting as part of a multidisciplinary team or have developed a structured patient care process that is offered in a private or semiprivate patient care area that is separate from the commercial business that also occurs in the setting, or in home settings, including long-term care settings, group homes, and facilities providing assisted living services, but excluding skilled nursing facilities; and

 

(4) make use of an electronic patient record system that meets state standards.

 

(c) For purposes of reimbursement for medication therapy management services, the commissioner may enroll individual pharmacists as medical assistance providers.  The commissioner may also establish contact requirements between the pharmacist and recipient, including limiting the number of reimbursable consultations per recipient.

 

(d) If there are no pharmacists who meet the requirements of paragraph (b) practicing within a reasonable geographic distance of the patient, a pharmacist who meets the requirements may provide the services via two-way interactive video.  Reimbursement shall be at the same rates and under the same conditions that would otherwise apply to the services provided.  To qualify for reimbursement under this paragraph, the pharmacist providing the services must meet the requirements of paragraph (b), and must be located within an ambulatory care setting that meets the requirements of paragraph (b), clause (3).  The patient must also be located within an ambulatory care setting that meets the requirements of paragraph (b), clause (3).  Services provided under this paragraph may not be transmitted into the patient's residence.

 

(e) Medication therapy management services may be delivered into a patient's residence via secure interactive video if the medication therapy management services are performed electronically during a covered home care visit by an enrolled provider.  Reimbursement shall be at the same rates and under the same conditions that would otherwise apply to the services provided.  To qualify for reimbursement under this paragraph, the pharmacist providing the services must meet the requirements of paragraph (b) and must be located within an ambulatory care setting that meets the requirements of paragraph (b), clause (3).

 

Sec. 30.  ISSUANCE OF PRESCRIPTIONS TO TREAT SUBSTANCE USE DISORDERS.

 

Subdivision 1.  Applicability during a peacetime emergency.  This section applies during a peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19.

 

Subd. 2.  Use of telemedicine allowed.  For purposes of Minnesota Statutes, section 151.37, subdivision 2, paragraph (d), the requirement for an examination shall be met if the prescribing practitioner has performed a telemedicine examination of the patient before issuing a prescription drug order for the treatment of a substance use disorder.

 

Subd. 3.  Expiration.  This section expires 60 days after the peacetime emergency specified in subdivision 1 is terminated or rescinded by proper authority.

 

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


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Sec. 31.  THERAPEUTIC INTERCHANGE.

 

Subdivision 1.  Applicability during a peacetime emergency.  This section applies during a peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19.

 

Subd. 2.  Therapeutic interchange.  Notwithstanding Minnesota Statues, section 151.21, subdivision 7a, paragraph (a), a pharmacist may dispense a therapeutically equivalent and interchangeable prescribed drug or biological product, without having a protocol in place, provided:

 

(1) the drug prescribed is in short supply and the pharmacist is unable to obtain it from the manufacturer, drug wholesalers, or other pharmacies;

 

(2) the pharmacist is unable to contact the prescriber within a reasonable period of time to get authorization to dispense a drug that is available;

 

(3) the pharmacist determines a therapeutically equivalent drug to the one prescribed is available and is in the same American Hospital Formulary Service pharmacologic-therapeutic classification;

 

(4) the pharmacist informs the patient as required in Minnesota Statutes, section 151.21, subdivision 7a, paragraph (b), and provides counseling to the patient, as required by the Board of Pharmacy rules, about the substituted drug;

 

(5) the pharmacist informs the prescriber as soon as possible that the therapeutic interchange has been made; and

 

(6) the therapeutic interchange pursuant to this section is allowed only until the expiration date under subdivision 3.

 

Subd. 3.  Expiration.  This section expires 60 days after the peacetime emergency specified in subdivision 1 is terminated by proper authority.

 

Sec. 32.  OBSERVATION OF PHYSICAL THERAPIST ASSISTANTS.

 

Subdivision 1.  Applicability during a peacetime emergency.  This section applies during a peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19.

 

Subd. 2.  On-site requirements.  For purposes of Minnesota Statutes, section 148.706, subdivision 3, the on-site observation requirement of treatment components delegated to a physical therapist assistant by a physical therapist may be met through observation via telemedicine.

 

Subd. 3.  Expiration.  This section expires 60 days after the peacetime emergency specified in subdivision 1 is terminated or rescinded by the proper authority.

 

Sec. 33.  REPEALER.

 

Minnesota Statutes 2018, sections 147A.01, subdivisions 4, 11, 16a, 17a, 24, and 25; 147A.04; 147A.10; 147A.11; 147A.18, subdivisions 1, 2, and 3; and 147A.20, are repealed.

 

EFFECTIVE DATE.  This section is effective July 1, 2020.


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ARTICLE 3

HEALTH CARE

 

Section 1.  Minnesota Statutes 2019 Supplement, section 16A.151, subdivision 2, is amended to read:

 

Subd. 2.  Exceptions.  (a) If a state official litigates or settles a matter on behalf of specific injured persons or entities, this section does not prohibit distribution of money to the specific injured persons or entities on whose behalf the litigation or settlement efforts were initiated.  If money recovered on behalf of injured persons or entities cannot reasonably be distributed to those persons or entities because they cannot readily be located or identified or because the cost of distributing the money would outweigh the benefit to the persons or entities, the money must be paid into the general fund.

 

(b) Money recovered on behalf of a fund in the state treasury other than the general fund may be deposited in that fund.

 

(c) This section does not prohibit a state official from distributing money to a person or entity other than the state in litigation or potential litigation in which the state is a defendant or potential defendant.

 

(d) State agencies may accept funds as directed by a federal court for any restitution or monetary penalty under United States Code, title 18, section 3663(a)(3), or United States Code, title 18, section 3663A(a)(3).  Funds received must be deposited in a special revenue account and are appropriated to the commissioner of the agency for the purpose as directed by the federal court.

 

(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph (t), may be deposited as provided in section 16A.98, subdivision 12.

 

(f) Any money received by the state resulting from a settlement agreement or an assurance of discontinuance entered into by the attorney general of the state, or a court order in litigation brought by the attorney general of the state, on behalf of the state or a state agency, against one or more opioid manufacturers or opioid wholesale drug distributors related to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids in this state or other alleged illegal actions that contributed to the excessive use of opioids, must be deposited in a separate account in the state treasury and the commissioner shall notify the chairs and ranking minority members of the Finance Committee in the senate and the Ways and Means Committee in the house of representatives that an account has been created.  This paragraph does not apply to attorney fees and costs awarded to the state or the Attorney General's Office, to contract attorneys hired by the state or Attorney General's Office, or to other state agency attorneys.  If the licensing fees under section 151.065, subdivision 1, clause (16), and subdivision 3, clause (14), are reduced and the registration fee under section 151.066, subdivision 3, is repealed in accordance with section 256.043, subdivision 4, then the commissioner shall transfer from the separate account created in this paragraph to the opiate epidemic response account fund under section 256.043 an amount that ensures that $20,940,000 each fiscal year is available for distribution in accordance with section 256.043, subdivisions 2 and 3.

 

Sec. 2.  Minnesota Statutes 2018, section 62U.03, is amended to read:

 

62U.03 PAYMENT RESTRUCTURING; CARE COORDINATION PAYMENTS.

 

(a) By January 1, 2010, health plan companies shall include health care homes in their provider networks and by July 1, 2010, shall pay a care coordination fee for their members who choose to enroll in health care homes certified by the commissioners of health and human services commissioner under section 256B.0751.  Health plan companies shall develop payment conditions and terms for the care coordination fee for health care homes participating in their network in a manner that is consistent with the system developed under section 256B.0753.  Nothing in this section shall restrict the ability of health plan companies to selectively contract with health care providers, including health care homes.  Health plan companies may reduce or reallocate payments to other providers to ensure that implementation of care coordination payments is cost neutral.


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(b) By July 1, 2010, the commissioner of management and budget shall implement the care coordination payments for participants in the state employee group insurance program.  The commissioner of management and budget may reallocate payments within the health care system in order to ensure that the implementation of this section is cost neutral.

 

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

 

Sec. 3.  Minnesota Statutes 2018, section 62U.04, subdivision 11, is amended to read:

 

Subd. 11.  Restricted uses of the all-payer claims data.  (a) Notwithstanding subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for the following purposes:

 

(1) to evaluate the performance of the health care home program as authorized under sections section 256B.0751, subdivision 6, and 256B.0752, subdivision 2;

 

(2) to study, in collaboration with the reducing avoidable readmissions effectively (RARE) campaign, hospital readmission trends and rates;

 

(3) to analyze variations in health care costs, quality, utilization, and illness burden based on geographical areas or populations;

 

(4) to evaluate the state innovation model (SIM) testing grant received by the Departments of Health and Human Services, including the analysis of health care cost, quality, and utilization baseline and trend information for targeted populations and communities; and

 

(5) to compile one or more public use files of summary data or tables that must:

 

(i) be available to the public for no or minimal cost by March 1, 2016, and available by web-based electronic data download by June 30, 2019;

 

(ii) not identify individual patients, payers, or providers;

 

(iii) be updated by the commissioner, at least annually, with the most current data available;

 

(iv) contain clear and conspicuous explanations of the characteristics of the data, such as the dates of the data contained in the files, the absence of costs of care for uninsured patients or nonresidents, and other disclaimers that provide appropriate context; and

 

(v) not lead to the collection of additional data elements beyond what is authorized under this section as of June 30, 2015.

 

(b) The commissioner may publish the results of the authorized uses identified in paragraph (a) so long as the data released publicly do not contain information or descriptions in which the identity of individual hospitals, clinics, or other providers may be discerned.

 

(c) Nothing in this subdivision shall be construed to prohibit the commissioner from using the data collected under subdivision 4 to complete the state-based risk adjustment system assessment due to the legislature on October 1, 2015.

 

(d) The commissioner or the commissioner's designee may use the data submitted under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until July 1, 2023.


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(e) The commissioner shall consult with the all-payer claims database work group established under subdivision 12 regarding the technical considerations necessary to create the public use files of summary data described in paragraph (a), clause (5).

 

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

 

Sec. 4.  Minnesota Statutes 2019 Supplement, section 151.065, subdivision 1, as amended by Laws 2020, chapter 71, article 2, section 5, is amended to read:

 

Subdivision 1.  Application fees.  Application fees for licensure and registration are as follows:

 

(1) pharmacist licensed by examination, $175;

 

(2) pharmacist licensed by reciprocity, $275;

 

(3) pharmacy intern, $50;

 

(4) pharmacy technician, $50;

 

(5) pharmacy, $260;

 

(6) drug wholesaler, legend drugs only, $5,260;

 

(7) drug wholesaler, legend and nonlegend drugs, $5,260;

 

(8) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $5,260;

 

(9) drug wholesaler, medical gases, $5,260 for the first facility and $260 for each additional facility;

 

(10) third-party logistics provider, $260;

 

(11) drug manufacturer, nonopiate legend drugs only, $5,260;

 

(12) drug manufacturer, nonopiate legend and nonlegend drugs, $5,260;

 

(13) drug manufacturer, nonlegend or veterinary legend drugs, $5,260;

 

(14) drug manufacturer, medical gases, $5,260 for the first facility and $260 for each additional facility;

 

(15) drug manufacturer, also licensed as a pharmacy in Minnesota, $5,260;

 

(16) drug manufacturer of opiate-containing controlled substances listed in section 152.02, subdivisions 3 to 5, $55,000 $55,260;

 

(17) medical gas distributor dispenser, $260;

 

(18) controlled substance researcher, $75; and

 

(19) pharmacy professional corporation, $150.

 

EFFECTIVE DATE.  This section is effective July 1, 2020, and applies to any license issued on or after that date.


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Sec. 5.  Minnesota Statutes 2019 Supplement, section 151.065, subdivision 3, as amended by Laws 2020, chapter 71, article 2, section 6, is amended to read:

 

Subd. 3.  Annual renewal fees.  Annual licensure and registration renewal fees are as follows:

 

(1) pharmacist, $175;

 

(2) pharmacy technician, $50;

 

(3) pharmacy, $260;

 

(4) drug wholesaler, legend drugs only, $5,260;

 

(5) drug wholesaler, legend and nonlegend drugs, $5,260;

 

(6) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $5,260;

 

(7) drug wholesaler, medical gases, $5,260 for the first facility and $260 for each additional facility;

 

(8) third-party logistics provider, $260;

 

(9) drug manufacturer, nonopiate legend drugs only, $5,260;

 

(10) drug manufacturer, nonopiate legend and nonlegend drugs, $5,260;

 

(11) drug manufacturer, nonlegend, veterinary legend drugs, or both, $5,260;

 

(12) drug manufacturer, medical gases, $5,260 for the first facility and $260 for each additional facility;

 

(13) drug manufacturer, also licensed as a pharmacy in Minnesota, $5,260;

 

(14) drug manufacturer of opiate-containing controlled substances listed in section 152.02, subdivisions 3 to 5, $55,000 $55,260;

 

(15) medical gas distributor dispenser, $260;

 

(16) controlled substance researcher, $75; and

 

(17) pharmacy professional corporation, $100.

 

EFFECTIVE DATE.  This section is effective July 1, 2020, and applies to any license renewed on or after that date.

 

Sec. 6.  Minnesota Statutes 2019 Supplement, section 151.065, subdivision 6, is amended to read:

 

Subd. 6.  Reinstatement fees.  (a) A pharmacist who has allowed the pharmacist's license to lapse may reinstate the license with board approval and upon payment of any fees and late fees in arrears, up to a maximum of $1,000.

 

(b) A pharmacy technician who has allowed the technician's registration to lapse may reinstate the registration with board approval and upon payment of any fees and late fees in arrears, up to a maximum of $90.

 

(c) An owner of a pharmacy, a drug wholesaler, a drug manufacturer, third-party logistics provider, or a medical gas distributor dispenser who has allowed the license of the establishment to lapse may reinstate the license with board approval and upon payment of any fees and late fees in arrears.


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(d) A controlled substance researcher who has allowed the researcher's registration to lapse may reinstate the registration with board approval and upon payment of any fees and late fees in arrears.

 

(e) A pharmacist owner of a professional corporation who has allowed the corporation's registration to lapse may reinstate the registration with board approval and upon payment of any fees and late fees in arrears.

 

Sec. 7.  Minnesota Statutes 2019 Supplement, section 151.065, subdivision 7, as amended by Laws 2020, chapter 71, article 2, section 7, is amended to read:

 

Subd. 7.  Deposit of fees.  (a) The license fees collected under this section, with the exception of the fees identified in paragraphs (b) and (c), shall be deposited in the state government special revenue fund.

 

(b) $5,000 of each fee collected under subdivision 1, clauses (6) to (9), and (11) to (15), and subdivision 3, clauses (4) to (7), and (9) to (13), and the fees $55,000 of each fee collected under subdivision 1, clause (16), and subdivision 3, clause (14), shall be deposited in the opiate epidemic response account fund established in section 256.043.

 

(c) If the fees collected under subdivision 1, clause (16), or subdivision 3, clause (14), are reduced under section 256.043, $5,000 of the reduced fee shall be deposited in the opiate epidemic response account fund in section 256.043.

 

Sec. 8.  Minnesota Statutes 2019 Supplement, section 151.071, subdivision 2, is amended to read:

 

Subd. 2.  Grounds for disciplinary action.  The following conduct is prohibited and is grounds for disciplinary action:

 

(1) failure to demonstrate the qualifications or satisfy the requirements for a license or registration contained in this chapter or the rules of the board.  The burden of proof is on the applicant to demonstrate such qualifications or satisfaction of such requirements;

 

(2) obtaining a license by fraud or by misleading the board in any way during the application process or obtaining a license by cheating, or attempting to subvert the licensing examination process.  Conduct that subverts or attempts to subvert the licensing examination process includes, but is not limited to:  (i) conduct that violates the security of the examination materials, such as removing examination materials from the examination room or having unauthorized possession of any portion of a future, current, or previously administered licensing examination; (ii) conduct that violates the standard of test administration, such as communicating with another examinee during administration of the examination, copying another examinee's answers, permitting another examinee to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an examinee or permitting an impersonator to take the examination on one's own behalf;

 

(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist intern registration, conviction of a felony reasonably related to the practice of pharmacy.  Conviction as used in this subdivision includes a conviction of an offense that if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered thereon.  The board may delay the issuance of a new license or registration if the applicant has been charged with a felony until the matter has been adjudicated;

 

(4) for a facility, other than a pharmacy, licensed or registered by the board, if an owner or applicant is convicted of a felony reasonably related to the operation of the facility.  The board may delay the issuance of a new license or registration if the owner or applicant has been charged with a felony until the matter has been adjudicated;


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(5) for a controlled substance researcher, conviction of a felony reasonably related to controlled substances or to the practice of the researcher's profession.  The board may delay the issuance of a registration if the applicant has been charged with a felony until the matter has been adjudicated;

 

(6) disciplinary action taken by another state or by one of this state's health licensing agencies:

 

(i) revocation, suspension, restriction, limitation, or other disciplinary action against a license or registration in another state or jurisdiction, failure to report to the board that charges or allegations regarding the person's license or registration have been brought in another state or jurisdiction, or having been refused a license or registration by any other state or jurisdiction.  The board may delay the issuance of a new license or registration if an investigation or disciplinary action is pending in another state or jurisdiction until the investigation or action has been dismissed or otherwise resolved; and

 

(ii) revocation, suspension, restriction, limitation, or other disciplinary action against a license or registration issued by another of this state's health licensing agencies, failure to report to the board that charges regarding the person's license or registration have been brought by another of this state's health licensing agencies, or having been refused a license or registration by another of this state's health licensing agencies.  The board may delay the issuance of a new license or registration if a disciplinary action is pending before another of this state's health licensing agencies until the action has been dismissed or otherwise resolved;

 

(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation of any order of the board, of any of the provisions of this chapter or any rules of the board or violation of any federal, state, or local law or rule reasonably pertaining to the practice of pharmacy;

 

(8) for a facility, other than a pharmacy, licensed by the board, violations of any order of the board, of any of the provisions of this chapter or the rules of the board or violation of any federal, state, or local law relating to the operation of the facility;

 

(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient; or pharmacy practice that is professionally incompetent, in that it may create unnecessary danger to any patient's life, health, or safety, in any of which cases, proof of actual injury need not be established;

 

(10) aiding or abetting an unlicensed person in the practice of pharmacy, except that it is not a violation of this clause for a pharmacist to supervise a properly registered pharmacy technician or pharmacist intern if that person is performing duties allowed by this chapter or the rules of the board;

 

(11) for an individual licensed or registered by the board, adjudication as mentally ill or developmentally disabled, or as a chemically dependent person, a person dangerous to the public, a sexually dangerous person, or a person who has a sexual psychopathic personality, by a court of competent jurisdiction, within or without this state.  Such adjudication shall automatically suspend a license for the duration thereof unless the board orders otherwise;

 

(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as specified in the board's rules.  In the case of a pharmacy technician, engaging in conduct specified in board rules that would be unprofessional if it were engaged in by a pharmacist or pharmacist intern or performing duties specifically reserved for pharmacists under this chapter or the rules of the board;

 

(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on duty except as allowed by a variance approved by the board;


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(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills.  In the case of registered pharmacy technicians, pharmacist interns, or controlled substance researchers, the inability to carry out duties allowed under this chapter or the rules of the board with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills;

 

(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical gas distributor dispenser, or controlled substance researcher, revealing a privileged communication from or relating to a patient except when otherwise required or permitted by law;

 

(16) for a pharmacist or pharmacy, improper management of patient records, including failure to maintain adequate patient records, to comply with a patient's request made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report required by law;

 

(17) fee splitting, including without limitation:

 

(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, kickback, or other form of remuneration, directly or indirectly, for the referral of patients;

 

(ii) referring a patient to any health care provider as defined in sections 144.291 to 144.298 in which the licensee or registrant has a financial or economic interest as defined in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the licensee's or registrant's financial or economic interest in accordance with section 144.6521; and

 

(iii) any arrangement through which a pharmacy, in which the prescribing practitioner does not have a significant ownership interest, fills a prescription drug order and the prescribing practitioner is involved in any manner, directly or indirectly, in setting the price for the filled prescription that is charged to the patient, the patient's insurer or pharmacy benefit manager, or other person paying for the prescription or, in the case of veterinary patients, the price for the filled prescription that is charged to the client or other person paying for the prescription, except that a veterinarian and a pharmacy may enter into such an arrangement provided that the client or other person paying for the prescription is notified, in writing and with each prescription dispensed, about the arrangement, unless such arrangement involves pharmacy services provided for livestock, poultry, and agricultural production systems, in which case client notification would not be required;

 

(18) engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws or rules;

 

(19) engaging in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient;

 

(20) failure to make reports as required by section 151.072 or to cooperate with an investigation of the board as required by section 151.074;

 

(21) knowingly providing false or misleading information that is directly related to the care of a patient unless done for an accepted therapeutic purpose such as the dispensing and administration of a placebo;

 

(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as established by any of the following:


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(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation of section 609.215, subdivision 1 or 2;

 

(ii) a copy of the record of a judgment of contempt of court for violating an injunction issued under section 609.215, subdivision 4;

 

(iii) a copy of the record of a judgment assessing damages under section 609.215, subdivision 5; or

 

(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.  The board shall must investigate any complaint of a violation of section 609.215, subdivision 1 or 2;

 

(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license.  For a pharmacist intern, pharmacy technician, or controlled substance researcher, performing duties permitted to such individuals by this chapter or the rules of the board under a lapsed or nonrenewed registration.  For a facility required to be licensed under this chapter, operation of the facility under a lapsed or nonrenewed license or registration; and

 

(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or discharge from the health professionals services program for reasons other than the satisfactory completion of the program.

 

Sec. 9.  Minnesota Statutes 2018, section 151.071, subdivision 8, is amended to read:

 

Subd. 8.  Temporary suspension of license for pharmacies, drug wholesalers, drug manufacturers, medical gas manufacturers, and medical gas distributors dispensers.  In addition to any other remedy provided by law, the board may, without a hearing, temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug manufacturer, medical gas manufacturer, or medical gas distributor dispenser if the board finds that the licensee or registrant has violated a statute or rule that the board is empowered to enforce and continued operation of the licensed facility would create a serious risk of harm to the public.  The suspension shall must take effect upon written notice to the licensee or registrant, specifying the statute or rule violated.  The suspension shall must remain in effect until the board issues a final order in the matter after a hearing.  At the time it issues the suspension notice, the board shall must schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.  The licensee or registrant shall must be provided with at least 20 days' notice of any hearing held pursuant to this subdivision.  The hearing shall must be scheduled to begin no later than 30 days after the issuance of the suspension order.

 

Sec. 10.  Minnesota Statutes 2019 Supplement, section 151.19, subdivision 3, is amended to read:

 

Subd. 3.  Sale of federally restricted medical gases.  (a) A person or establishment not licensed as a pharmacy or a practitioner shall must not engage in the retail sale or distribution dispensing of federally restricted medical gases without first obtaining a registration from the board and paying the applicable fee specified in section 151.065.  The registration shall must be displayed in a conspicuous place in the business for which it is issued and expires on the date set by the board.  It is unlawful for a person to sell or distribute dispense federally restricted medical gases unless a certificate has been issued to that person by the board.

 

(b) Application for a medical gas distributor dispenser registration under this section shall must be made in a manner specified by the board.

 

(c) No A registration shall must not be issued or renewed for a medical gas distributor dispenser located within the state unless the applicant agrees to operate in a manner prescribed by federal and state law and according to the rules adopted by the board.  No A license shall must not be issued for a medical gas distributor dispenser located outside of the state unless the applicant agrees to operate in a manner prescribed by federal law and, when distributing dispensing medical gases for residents of this state, the laws of this state and Minnesota Rules.


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(d) No A registration shall must not be issued or renewed for a medical gas distributor dispenser that is required to be licensed or registered by the state in which it is physically located unless the applicant supplies the board with proof of the licensure or registration.  The board may, by rule, establish standards for the registration of a medical gas distributor dispenser that is not required to be licensed or registered by the state in which it is physically located.

 

(e) The board shall must require a separate registration for each medical gas distributor dispenser located within the state and for each facility located outside of the state from which medical gases are distributed dispensed to residents of this state.

 

(f) Prior to the issuance of an initial or renewed registration for a medical gas distributor dispenser, the board may require the medical gas distributor dispenser to pass an inspection conducted by an authorized representative of the board.  In the case of a medical gas distributor dispenser located outside of the state, the board may require the applicant to pay the cost of the inspection, in addition to the license fee in section 151.065, unless the applicant furnishes the board with a report, issued by the appropriate regulatory agency of the state in which the facility is located, of an inspection that has occurred within the 24 months immediately preceding receipt of the license application by the board.  The board may deny licensure unless the applicant submits documentation satisfactory to the board that any deficiencies noted in an inspection report have been corrected.

 

Sec. 11.  Minnesota Statutes 2019 Supplement, section 151.252, subdivision 1, is amended to read:

 

Subdivision 1.  Requirements.  (a) No person shall act as a drug manufacturer without first obtaining a license from the board and paying any applicable fee specified in section 151.065.

 

(b) In addition to the license required under paragraph (a), each manufacturer required to pay the registration fee under section 151.066 must pay the fee by June 1 of each year, beginning June 1, 2020.  In the event of a change of ownership of the manufacturer, the new owner must pay the registration fee specified under section 151.066, subdivision 3, that the original owner would have been assessed had the original owner retained ownership.  The registration fee collected under this paragraph shall be deposited in the opiate epidemic response account fund established under section 256.043.

 

(c) Application for a drug manufacturer license under this section shall be made in a manner specified by the board.

 

(d) No license shall be issued or renewed for a drug manufacturer unless the applicant agrees to operate in a manner prescribed by federal and state law and according to Minnesota Rules.

 

(e) No license shall be issued or renewed for a drug manufacturer that is required to be registered pursuant to United States Code, title 21, section 360, unless the applicant supplies the board with proof of registration.  The board may establish by rule the standards for licensure of drug manufacturers that are not required to be registered under United States Code, title 21, section 360.

 

(f) No license shall be issued or renewed for a drug manufacturer that is required to be licensed or registered by the state in which it is physically located unless the applicant supplies the board with proof of licensure or registration.  The board may establish, by rule, standards for the licensure of a drug manufacturer that is not required to be licensed or registered by the state in which it is physically located.

 

(g) The board shall require a separate license for each facility located within the state at which drug manufacturing occurs and for each facility located outside of the state at which drugs that are shipped into the state are manufactured, except a manufacturer of opiate-containing controlled substances shall not be required to pay the fee under section 151.065, subdivision 1, clause (16), or subdivision 3, clause (14), for more than one facility.


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(h) Prior to the issuance of an initial or renewed license for a drug manufacturing facility, the board may require the facility to pass a current good manufacturing practices inspection conducted by an authorized representative of the board.  In the case of a drug manufacturing facility located outside of the state, the board may require the applicant to pay the cost of the inspection, in addition to the license fee in section 151.065, unless the applicant furnishes the board with a report, issued by the appropriate regulatory agency of the state in which the facility is located or by the United States Food and Drug Administration, of an inspection that has occurred within the 24 months immediately preceding receipt of the license application by the board.  The board may deny licensure unless the applicant submits documentation satisfactory to the board that any deficiencies noted in an inspection report have been corrected.

 

Sec. 12.  Minnesota Statutes 2018, section 256.01, subdivision 29, is amended to read:

 

Subd. 29.  State medical review team.  (a) To ensure the timely processing of determinations of disability by the commissioner's state medical review team under sections 256B.055, subdivision subdivisions 7, paragraph (b), and 12, and 256B.057, subdivision 9, and 256B.055, subdivision 12, the commissioner shall review all medical evidence submitted by county agencies with a referral and seek additional information from providers, applicants, and enrollees to support the determination of disability where necessary.  Disability shall be determined according to the rules of title XVI and title XIX of the Social Security Act and pertinent rules and policies of the Social Security Administration.

 

(b) Prior to a denial or withdrawal of a requested determination of disability due to insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary and appropriate to a determination of disability, and (2) assist applicants and enrollees to obtain the evidence, including, but not limited to, medical examinations and electronic medical records.

 

(c) The commissioner shall provide the chairs of the legislative committees with jurisdiction over health and human services finance and budget the following information on the activities of the state medical review team by February 1 of each year:

 

(1) the number of applications to the state medical review team that were denied, approved, or withdrawn;

 

(2) the average length of time from receipt of the application to a decision;

 

(3) the number of appeals, appeal results, and the length of time taken from the date the person involved requested an appeal for a written decision to be made on each appeal;

 

(4) for applicants, their age, health coverage at the time of application, hospitalization history within three months of application, and whether an application for Social Security or Supplemental Security Income benefits is pending; and

 

(5) specific information on the medical certification, licensure, or other credentials of the person or persons performing the medical review determinations and length of time in that position.

 

(d) Any appeal made under section 256.045, subdivision 3, of a disability determination made by the state medical review team must be decided according to the timelines under section 256.0451, subdivision 22, paragraph (a).  If a written decision is not issued within the timelines under section 256.0451, subdivision 22, paragraph (a), the appeal must be immediately reviewed by the chief human services judge.

 

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


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Sec. 13.  Minnesota Statutes 2019 Supplement, section 256.042, subdivision 2, is amended to read:

 

Subd. 2.  Membership.  (a) The council shall consist of the following 19 voting members, appointed by the commissioner of human services except as otherwise specified, and three nonvoting members:

 

(1) two members of the house of representatives, appointed in the following sequence:  the first from the majority party appointed by the speaker of the house and the second from the minority party appointed by the minority leader.  Of these two members, one member must represent a district outside of the seven-county metropolitan area, and one member must represent a district that includes the seven-county metropolitan area.  The appointment by the minority leader must ensure that this requirement for geographic diversity in appointments is met;

 

(2) two members of the senate, appointed in the following sequence:  the first from the majority party appointed by the senate majority leader and the second from the minority party appointed by the senate minority leader.  Of these two members, one member must represent a district outside of the seven-county metropolitan area and one member must represent a district that includes the seven-county metropolitan area.  The appointment by the minority leader must ensure that this requirement for geographic diversity in appointments is met;

 

(3) one member appointed by the Board of Pharmacy;

 

(4) one member who is a physician appointed by the Minnesota Medical Association;

 

(5) one member representing opioid treatment programs, sober living programs, or substance use disorder programs licensed under chapter 245G;

 

(6) one member appointed by the Minnesota Society of Addiction Medicine who is an addiction psychiatrist;

 

(7) one member representing professionals providing alternative pain management therapies, including, but not limited to, acupuncture, chiropractic, or massage therapy;

 

(8) one member representing nonprofit organizations conducting initiatives to address the opioid epidemic, with the commissioner's initial appointment being a member representing the Steve Rummler Hope Network, and subsequent appointments representing this or other organizations;

 

(9) one member appointed by the Minnesota Ambulance Association who is serving with an ambulance service as an emergency medical technician, advanced emergency medical technician, or paramedic;

 

(10) one member representing the Minnesota courts who is a judge or law enforcement officer;

 

(11) one public member who is a Minnesota resident and who is in opioid addiction recovery;

 

(12) two members representing Indian tribes, one representing the Ojibwe tribes and one representing the Dakota tribes;

 

(13) one public member who is a Minnesota resident and who is suffering from chronic pain, intractable pain, or a rare disease or condition;

 

(14) one mental health advocate representing persons with mental illness;

 

(15) one member representing appointed by the Minnesota Hospital Association;

 

(16) one member representing a local health department; and


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(17) the commissioners of human services, health, and corrections, or their designees, who shall be ex officio nonvoting members of the council.

 

(b) The commissioner of human services shall coordinate the commissioner's appointments to provide geographic, racial, and gender diversity, and shall ensure that at least one-half of council members appointed by the commissioner reside outside of the seven-county metropolitan area.  Of the members appointed by the commissioner, to the extent practicable, at least one member must represent a community of color disproportionately affected by the opioid epidemic.

 

(c) The council is governed by section 15.059, except that members of the council shall serve three-year terms and shall receive no compensation other than reimbursement for expenses.  Notwithstanding section 15.059, subdivision 6, the council shall not expire.

 

(d) The chair shall convene the council at least quarterly, and may convene other meetings as necessary.  The chair shall convene meetings at different locations in the state to provide geographic access, and shall ensure that at least one-half of the meetings are held at locations outside of the seven-county metropolitan area.

 

(e) The commissioner of human services shall provide staff and administrative services for the advisory council.

 

(f) The council is subject to chapter 13D.

 

Sec. 14.  Minnesota Statutes 2019 Supplement, section 256.042, subdivision 4, is amended to read:

 

Subd. 4.  Grants.  (a) The commissioner of human services shall submit a report of the grants proposed by the advisory council to be awarded for the upcoming fiscal year to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance, by March 1 of each year, beginning March 1, 2020.

 

(b) The commissioner of human services shall award grants from the opiate epidemic response account fund under section 256.043.  The grants shall be awarded to proposals selected by the advisory council that address the priorities in subdivision 1, paragraph (a), clauses (1) to (4), unless otherwise appropriated by the legislature.  No more than three percent of the grant amount may be used by a grantee for administration.

 

Sec. 15.  Minnesota Statutes 2019 Supplement, section 256.043, is amended to read:

 

256.043 OPIATE EPIDEMIC RESPONSE ACCOUNT FUND.

 

Subdivision 1.  Establishment.  The opiate epidemic response account fund is established in the special revenue fund in the state treasury.  The registration fees assessed by the Board of Pharmacy under section 151.066 and the license fees identified in section 151.065, subdivision 7, paragraphs (b) and (c), shall be deposited into the account fund.  Beginning in fiscal year 2021, for each fiscal year, the funds in the account fund shall be administered according to this section.

 

Subd. 2.  Transfers from account to state agencies.  (a) The commissioner shall transfer the following amounts to the agencies specified in this subdivision.

 

(b) $126,000 to the Board of Pharmacy for the collection of the registration fees under section 151.066.

 

(c) $672,000 to the commissioner of public safety for the Bureau of Criminal Apprehension.  Of this amount, $384,000 is for drug scientists and lab supplies and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.


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Subd. 3.  Appropriations from account fund.  (a) After the transfers described in subdivision 2, and the appropriations in Laws 2019, chapter 63, article 3, section 1, paragraphs (e), (f), (g), and (h) are made, $249,000 is appropriated to the commissioner of human services for the provision of administrative services to the Opiate Epidemic Response Advisory Council and for the administration of the grants awarded under paragraph (c) (e).

 

(b) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration fees under section 151.066.

 

(c) $672,000 is appropriated to the commissioner of public safety for the Bureau of Criminal Apprehension.  Of this amount, $384,000 is for drug scientists and lab supplies and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.

 

(b) (d) After the transfers in subdivision 2 and the appropriations in paragraph paragraphs (a) to (c) are made, 50 percent of the remaining amount is appropriated to the commissioner of human services for distribution to county social service and tribal social service agencies to provide child protection services to children and families who are affected by addiction.  The commissioner shall distribute this money proportionally to counties and tribal social service agencies based on out-of-home placement episodes where parental drug abuse is the primary reason for the out-of-home placement using data from the previous calendar year.  County and tribal social service agencies receiving funds from the opiate epidemic response account fund must annually report to the commissioner on how the funds were used to provide child protection services, including measurable outcomes, as determined by the commissioner.  County social service agencies and tribal social service agencies must not use funds received under this paragraph to supplant current state or local funding received for child protection services for children and families who are affected by addiction.

 

(c) (e) After making the transfers in subdivision 2 and the appropriations in paragraphs (a) and (b) to (d), the remaining funds in the account are amount in the fund is appropriated to the commissioner to award grants as specified by the Opiate Epidemic Response Advisory Council in accordance with section 256.042, unless otherwise appropriated by the legislature.

 

Subd. 4.  Settlement; sunset.  (a) If the state receives a total sum of $250,000,000 either as a result of a settlement agreement or an assurance of discontinuance entered into by the attorney general of the state, or resulting from a court order in litigation brought by the attorney general of the state on behalf of the state or a state agency, against one or more opioid manufacturers or opioid wholesale drug distributors related to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids in this state, or other alleged illegal actions that contributed to the excessive use of opioids, or from the fees collected under sections 151.065, subdivisions 1 and 3, and 151.066, that are deposited into the opiate epidemic response account fund established in this section 256.043, or from a combination of both, the fees specified in section 151.065, subdivisions 1, clause (16), and 3, clause (14), shall be reduced to $5,260, and the opiate registration fee in section 151.066, subdivision 3, shall be repealed.

 

(b) The commissioner of management and budget shall inform the board of pharmacy, the governor, and the legislature when the amount specified in paragraph (a) has been reached.  The board shall apply the reduced license fee for the next licensure period.

 

(c) Notwithstanding paragraph (a), the reduction of the license fee in section 151.065, subdivisions 1 and 3, and the repeal of the registration fee in section 151.066 shall not occur before July 1, 2024.

 

Sec. 16.  Minnesota Statutes 2018, section 256B.056, subdivision 1a, is amended to read:


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Subd. 1a.  Income and assets generally.  (a)(1) Unless specifically required by state law or rule or federal law or regulation, the methodologies used in counting income and assets to determine eligibility for medical assistance for persons whose eligibility category is based on blindness, disability, or age of 65 or more years, the methodologies for the Supplemental Security Income program shall be used, except as provided under subdivision 3, paragraph (a), clause (6).

 

(2) Increases in benefits under title II of the Social Security Act shall not be counted as income for purposes of this subdivision until July 1 of each year.  Effective upon federal approval, for children eligible under section 256B.055, subdivision 12, or for home and community-based waiver services whose eligibility for medical assistance is determined without regard to parental income, child support payments, including any payments made by an obligor in satisfaction of or in addition to a temporary or permanent order for child support, and Social Security payments are not counted as income.

 

(b)(1) The modified adjusted gross income methodology as defined in the Affordable Care Act United States Code, title 42, section 1396a(e)(14), shall be used for eligibility categories based on:

 

(i) children under age 19 and their parents and relative caretakers as defined in section 256B.055, subdivision 3a;

 

(ii) children ages 19 to 20 as defined in section 256B.055, subdivision 16;

 

(iii) pregnant women as defined in section 256B.055, subdivision 6;

 

(iv) infants as defined in sections 256B.055, subdivision 10, and 256B.057, subdivision 8 1; and

 

(v) adults without children as defined in section 256B.055, subdivision 15.

 

For these purposes, a "methodology" does not include an asset or income standard, or accounting method, or method of determining effective dates.

 

(2) For individuals whose income eligibility is determined using the modified adjusted gross income methodology in clause (1),: 

 

(i) the commissioner shall subtract from the individual's modified adjusted gross income an amount equivalent to five percent of the federal poverty guidelines.; and

 

(ii) the individual's current monthly income and household size is used to determine eligibility for the 12-month eligibility period.  If an individual's income is expected to vary month to month, eligibility is determined based on the income predicted for the 12-month eligibility period.

 

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

 

Sec. 17.  Minnesota Statutes 2018, section 256B.056, subdivision 4, is amended to read:

 

Subd. 4.  Income.  (a) To be eligible for medical assistance, a person eligible under section 256B.055, subdivisions 7, 7a, and 12, may have income up to 100 percent of the federal poverty guidelines.  Effective January 1, 2000, and each successive January, recipients of Supplemental Security Income may have an income up to the Supplemental Security Income standard in effect on that date.

 

(b) Effective January 1, 2014, To be eligible for medical assistance, under section 256B.055, subdivision 3a, a parent or caretaker relative may have an income up to 133 percent of the federal poverty guidelines for the household size.


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(c) To be eligible for medical assistance under section 256B.055, subdivision 15, a person may have an income up to 133 percent of federal poverty guidelines for the household size.

 

(d) To be eligible for medical assistance under section 256B.055, subdivision 16, a child age 19 to 20 may have an income up to 133 percent of the federal poverty guidelines for the household size.

 

(e) To be eligible for medical assistance under section 256B.055, subdivision 3a, a child under age 19 may have income up to 275 percent of the federal poverty guidelines for the household size or an equivalent standard when converted using modified adjusted gross income methodology as required under the Affordable Care Act.  Children who are enrolled in medical assistance as of December 31, 2013, and are determined ineligible for medical assistance because of the elimination of income disregards under modified adjusted gross income methodology as defined in subdivision 1a remain eligible for medical assistance under the Children's Health Insurance Program Reauthorization Act of 2009, Public Law 111-3, until the date of their next regularly scheduled eligibility redetermination as required in subdivision 7a.

 

(f) In computing income to determine eligibility of persons under paragraphs (a) to (e) who are not residents of long-term care facilities, the commissioner shall disregard increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509.  For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans Administration unusual medical expense payments are considered income to the recipient.

 

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

 

Sec. 18.  Minnesota Statutes 2018, section 256B.056, subdivision 7, is amended to read:

 

Subd. 7.  Period of eligibility.  (a) Eligibility is available for the month of application and for three months prior to application if the person was eligible in those prior months.  A redetermination of eligibility must occur every 12 months.

 

(b) For a person eligible for an insurance affordability program as defined in section 256B.02, subdivision 19, who reports a change that makes the person eligible for medical assistance, eligibility is available for the month the change was reported and for three months prior to the month the change was reported, if the person was eligible in those prior months.

 

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

 

Sec. 19.  Minnesota Statutes 2019 Supplement, section 256B.056, subdivision 7a, is amended to read:

 

Subd. 7a.  Periodic renewal of eligibility.  (a) The commissioner shall make an annual redetermination of eligibility based on information contained in the enrollee's case file and other information available to the agency, including but not limited to information accessed through an electronic database, without requiring the enrollee to submit any information when sufficient data is available for the agency to renew eligibility.

 

(b) If the commissioner cannot renew eligibility in accordance with paragraph (a), the commissioner must provide the enrollee with a prepopulated renewal form containing eligibility information available to the agency and permit the enrollee to submit the form with any corrections or additional information to the agency and sign the renewal form via any of the modes of submission specified in section 256B.04, subdivision 18.

 

(c) An enrollee who is terminated for failure to complete the renewal process may subsequently submit the renewal form and required information within four months after the date of termination and have coverage reinstated without a lapse, if otherwise eligible under this chapter.  The local agency may close the enrollee's case file if the required information is not submitted within four months of termination.


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(d) Notwithstanding paragraph (a), individuals a person who is eligible under subdivision 5 shall be required to renew eligibility subject to a review of the person's income every six months.

 

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

 

Sec. 20.  Minnesota Statutes 2018, section 256B.056, subdivision 10, is amended to read:

 

Subd. 10.  Eligibility verification.  (a) The commissioner shall require women who are applying for the continuation of medical assistance coverage following the end of the 60-day postpartum period to update their income and asset information and to submit any required income or asset verification.

 

(b) The commissioner shall determine the eligibility of private-sector health care coverage for infants less than one year of age eligible under section 256B.055, subdivision 10, or 256B.057, subdivision 1, paragraph (b) (c), and shall pay for private-sector coverage if this is determined to be cost-effective.

 

(c) The commissioner shall verify assets and income for all applicants, and for all recipients upon renewal.

 

(d) The commissioner shall utilize information obtained through the electronic service established by the secretary of the United States Department of Health and Human Services and other available electronic data sources in Code of Federal Regulations, title 42, sections 435.940 to 435.956, to verify eligibility requirements.  The commissioner shall establish standards to define when information obtained electronically is reasonably compatible with information provided by applicants and enrollees, including use of self-attestation, to accomplish real-time eligibility determinations and maintain program integrity.

 

(e) Each person applying for or receiving medical assistance under section 256B.055, subdivision 7, and any other person whose resources are required by law to be disclosed to determine the applicant's or recipient's eligibility must authorize the commissioner to obtain information from financial institutions to identify unreported accounts as required in section 256.01, subdivision 18f.  If a person refuses or revokes the authorization, the commissioner may determine that the applicant or recipient is ineligible for medical assistance.  For purposes of this paragraph, an authorization to identify unreported accounts meets the requirements of the Right to Financial Privacy Act, United States Code, title 12, chapter 35, and need not be furnished to the financial institution.

 

(f) County and tribal agencies shall comply with the standards established by the commissioner for appropriate use of the asset verification system specified in section 256.01, subdivision 18f.

 

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

 

Sec. 21.  Minnesota Statutes 2018, section 256B.0561, subdivision 2, is amended to read:

 

Subd. 2.  Periodic data matching.  (a) Beginning April 1, 2018, The commissioner shall conduct periodic data matching to identify recipients who, based on available electronic data, may not meet eligibility criteria for the public health care program in which the recipient is enrolled.  The commissioner shall conduct data matching for medical assistance or MinnesotaCare recipients at least once during a recipient's 12-month period of eligibility.

 

(b) If data matching indicates a recipient may no longer qualify for medical assistance or MinnesotaCare, the commissioner must notify the recipient and allow the recipient no more than 30 days to confirm the information obtained through the periodic data matching or provide a reasonable explanation for the discrepancy to the state or county agency directly responsible for the recipient's case.  If a recipient does not respond within the advance notice period or does not respond with information that demonstrates eligibility or provides a reasonable explanation for the discrepancy within the 30-day time period, the commissioner shall terminate the recipient's eligibility in the manner provided for by the laws and regulations governing the health care program for which the recipient has been identified as being ineligible.


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(c) The commissioner shall not terminate eligibility for a recipient who is cooperating with the requirements of paragraph (b) and needs additional time to provide information in response to the notification.

 

(d) A recipient whose eligibility was terminated according to paragraph (b) may be eligible for medical assistance no earlier than the first day of the month in which the recipient provides information that demonstrates the recipient's eligibility.

 

(d) (e) Any termination of eligibility for benefits under this section may be appealed as provided for in sections 256.045 to 256.0451, and the laws governing the health care programs for which eligibility is terminated.

 

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

 

Sec. 22.  Minnesota Statutes 2018, section 256B.057, subdivision 1, is amended to read:

 

Subdivision 1.  Infants and pregnant women.  (a) An infant less than two years of age or a pregnant woman is eligible for medical assistance if the individual's infant's countable household income is equal to or less than 275 283 percent of the federal poverty guideline for the same household size or an equivalent standard when converted using modified adjusted gross income methodology as required under the Affordable Care Act.  Medical assistance for an uninsured infant younger than two years of age may be paid with federal funds available under title XXI of the Social Security Act and the state children's health insurance program, for an infant with countable income above 275 percent and equal to or less than 283 percent of the federal poverty guideline for the household size.

 

(b) A pregnant woman is eligible for medical assistance if the woman's countable income is equal to or less than 278 percent of the federal poverty guideline for the applicable household size.

 

(b) (c) An infant born to a woman who was eligible for and receiving medical assistance on the date of the child's birth shall continue to be eligible for medical assistance without redetermination until the child's first birthday.

 

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

 

Sec. 23.  Minnesota Statutes 2018, section 256B.057, subdivision 10, is amended to read:

 

Subd. 10.  Certain persons needing treatment for breast or cervical cancer.  (a) Medical assistance may be paid for a person who:

 

(1) has been screened for breast or cervical cancer by the Minnesota any Centers for Disease Control and Prevention (CDC) National Breast and Cervical Cancer Early Detection Program (NBCCEDP)-funded breast and cervical cancer control program, and program funds have been used to pay for the person's screening;

 

(2) according to the person's treating health professional, needs treatment, including diagnostic services necessary to determine the extent and proper course of treatment, for breast or cervical cancer, including precancerous conditions and early stage cancer;

 

(3) meets the income eligibility guidelines for the Minnesota any CDC NBCCEDP-funded breast and cervical cancer control program;

 

(4) is under age 65;

 

(5) is not otherwise eligible for medical assistance under United States Code, title 42, section 1396a(a)(10)(A)(i); and

 

(6) is not otherwise covered under creditable coverage, as defined under United States Code, title 42, section 1396a(aa).


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(b) Medical assistance provided for an eligible person under this subdivision shall be limited to services provided during the period that the person receives treatment for breast or cervical cancer.

 

(c) A person meeting the criteria in paragraph (a) is eligible for medical assistance without meeting the eligibility criteria relating to income and assets in section 256B.056, subdivisions 1a to 5a.

 

Sec. 24.  Minnesota Statutes 2018, section 256B.0575, subdivision 1, is amended to read:

 

Subdivision 1.  Income deductions.  When an institutionalized person is determined eligible for medical assistance, the income that exceeds the deductions in paragraphs (a) and (b) must be applied to the cost of institutional care.

 

(a) The following amounts must be deducted from the institutionalized person's income in the following order:

 

(1) the personal needs allowance under section 256B.35 or, for a veteran who does not have a spouse or child, or a surviving spouse of a veteran having no child, the amount of an improved pension received from the veteran's administration not exceeding $90 per month, whichever amount is greater;

 

(2) the personal allowance for disabled individuals under section 256B.36;

 

(3) if the institutionalized person has a legally appointed guardian or conservator, five percent of the recipient's gross monthly income up to $100 as reimbursement for guardianship or conservatorship services;

 

(4) a monthly income allowance determined under section 256B.058, subdivision 2, but only to the extent income of the institutionalized spouse is made available to the community spouse;

 

(5) a monthly allowance for children under age 18 which, together with the net income of the children, would provide income equal to the medical assistance standard for families and children according to section 256B.056, subdivision 4, for a family size that includes only the minor children.  This deduction applies only if the children do not live with the community spouse and only to the extent that the deduction is not included in the personal needs allowance under section 256B.35, subdivision 1, as child support garnished under a court order;

 

(6) a monthly family allowance for other family members, equal to one-third of the difference between 122 percent of the federal poverty guidelines and the monthly income for that family member;

 

(7) reparations payments made by the Federal Republic of Germany and reparations payments made by the Netherlands for victims of Nazi persecution between 1940 and 1945;

 

(8) all other exclusions from income for institutionalized persons as mandated by federal law; and

 

(9) amounts for reasonable expenses, as specified in subdivision 2, incurred for necessary medical or remedial care for the institutionalized person that are recognized under state law, not medical assistance covered expenses, and not subject to payment by a third party.

 

For purposes of clause (6), "other family member" means a person who resides with the community spouse and who is a minor or dependent child, dependent parent, or dependent sibling of either spouse.  "Dependent" means a person who could be claimed as a dependent for federal income tax purposes under the Internal Revenue Code.

 

(b) Income shall be allocated to an institutionalized person for a period of up to three calendar months, in an amount equal to the medical assistance standard for a family size of one if:


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(1) a physician or advanced practice registered nurse certifies that the person is expected to reside in the long‑term care facility for three calendar months or less;

 

(2) if the person has expenses of maintaining a residence in the community; and

 

(3) if one of the following circumstances apply:

 

(i) the person was not living together with a spouse or a family member as defined in paragraph (a) when the person entered a long-term care facility; or

 

(ii) the person and the person's spouse become institutionalized on the same date, in which case the allocation shall be applied to the income of one of the spouses.

 

For purposes of this paragraph, a person is determined to be residing in a licensed nursing home, regional treatment center, or medical institution if the person is expected to remain for a period of one full calendar month or more.

 

Sec. 25.  Minnesota Statutes 2018, section 256B.0575, subdivision 2, is amended to read:

 

Subd. 2.  Reasonable expenses.  For the purposes of subdivision 1, paragraph (a), clause (9), reasonable expenses are limited to expenses that have not been previously used as a deduction from income and were not:

 

(1) for long-term care expenses incurred during a period of ineligibility as defined in section 256B.0595, subdivision 2;

 

(2) incurred more than three months before the month of application associated with the current period of eligibility;

 

(3) for expenses incurred by a recipient that are duplicative of services that are covered under chapter 256B; or

 

(4) nursing facility expenses incurred without a timely assessment as required under section 256B.0911.; or

 

(5) for private room fees incurred by an assisted living client as defined in section 144G.01, subdivision 3.

 

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

 

Sec. 26.  Minnesota Statutes 2018, section 256B.0625, subdivision 1, is amended to read:

 

Subdivision 1.  Inpatient hospital services.  (a) Medical assistance covers inpatient hospital services performed by hospitals holding Medicare certifications for the services performed.  A second medical opinion is required prior to reimbursement for elective surgeries requiring a second opinion.  The commissioner shall publish in the State Register a list of elective surgeries that require a second medical opinion prior to reimbursement, and the criteria and standards for deciding whether an elective surgery should require a second medical opinion.  The list and the criteria and standards are not subject to the requirements of sections 14.001 to 14.69.  The commissioner's decision whether a second medical opinion is required, made in accordance with rules governing that decision, is not subject to administrative appeal.

 

(b) When determining medical necessity for inpatient hospital services, the medical review agent shall follow industry standard medical necessity criteria in determining the following:

 

(1) whether a recipient's admission is medically necessary;

 

(2) whether the inpatient hospital services provided to the recipient were medically necessary;


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(3) whether the recipient's continued stay was or will be medically necessary; and

 

(4) whether all medically necessary inpatient hospital services were provided to the recipient.

 

The medical review agent will determine medical necessity of inpatient hospital services, including inpatient psychiatric treatment, based on a review of the patient's medical condition and records, in conjunction with industry standard evidence-based criteria to ensure consistent and optimal application of medical appropriateness criteria.

 

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

 

Sec. 27.  Minnesota Statutes 2018, section 256B.0625, subdivision 27, is amended to read:

 

Subd. 27.  Organ and tissue transplants.  All organ transplants must be performed at transplant centers meeting united network for organ sharing criteria or at Medicare-approved organ transplant centers.  Organ and tissue transplants are a covered service.  Stem cell or bone marrow transplant centers must meet the standards established by the Foundation for the Accreditation of Hematopoietic Cell Therapy.

 

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

 

Sec. 28.  Minnesota Statutes 2018, section 256B.0625, subdivision 64, is amended to read:

 

Subd. 64.  Investigational drugs, biological products, and devices, and clinical trials.  (a) Medical assistance and the early periodic screening, diagnosis, and treatment (EPSDT) program do not cover the costs of any services that are incidental to, associated with, or resulting from the use of investigational drugs, biological products, or devices as defined in section 151.375 or any other treatment that is part of an approved clinical trial as defined in section 62Q.526.  Participation of an enrollee in an approved clinical trial does not preclude coverage of medically necessary services covered under this chapter that are not related to the approved clinical trial.

 

(b) Notwithstanding paragraph (a), stiripentol may be covered by the EPSDT program if all the following conditions are met:

 

(1) the use of stiripentol is determined to be medically necessary;

 

(2) the enrollee has a documented diagnosis of Dravet syndrome, regardless of whether an SCN1A genetic mutation is found, or the enrollee is a child with malignant migrating partial epilepsy in infancy due to an SCN2A genetic mutation;

 

(3) all other available covered prescription medications that are medically necessary for the enrollee have been tried without successful outcomes; and

 

(4) the United States Food and Drug Administration has approved the treating physician's individual patient investigational new drug application (IND) for the use of stiripentol for treatment.

 

This paragraph does not apply to MinnesotaCare coverage under chapter 256L.

 

Sec. 29.  Minnesota Statutes 2018, section 256B.0751, is amended to read:

 

256B.0751 HEALTH CARE HOMES.

 

Subdivision 1.  Definitions.  (a) For purposes of sections section 256B.0751 to 256B.0753, the following definitions apply.


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(b) "Commissioner" means the commissioner of human services health.

 

(c) "Commissioners" means the commissioner of human services and the commissioner of health, acting jointly.

 

(d) (c) "Health plan company" has the meaning provided in section 62Q.01, subdivision 4.

 

(e) (d) "Personal clinician" means a physician licensed under chapter 147, a physician assistant licensed and practicing under chapter 147A, or an advanced practice nurse licensed and registered to practice under chapter 148.

 

(f) "State health care program" means the medical assistance and MinnesotaCare programs.

 

Subd. 2.  Development and implementation of standards.  (a) By July 1, 2009, The commissioners commissioner of health and human services shall develop and implement standards of certification for health care homes for state health care programs.  In developing these standards, the commissioners commissioner shall consider existing standards developed by national independent accrediting and medical home organizations.  The standards developed by the commissioners commissioner must meet the following criteria:

 

(1) emphasize, enhance, and encourage the use of primary care, and include the use of primary care physicians, advanced practice nurses, and physician assistants as personal clinicians;

 

(2) focus on delivering high-quality, efficient, and effective health care services;

 

(3) encourage patient-centered care, including active participation by the patient and family or a legal guardian, or a health care agent as defined in chapter 145C, as appropriate in decision making and care plan development, and providing care that is appropriate to the patient's race, ethnicity, and language;

 

(4) provide patients with a consistent, ongoing contact with a personal clinician or team of clinical professionals to ensure continuous and appropriate care for the patient's condition;

 

(5) ensure that health care homes develop and maintain appropriate comprehensive care plans for their patients with complex or chronic conditions, including an assessment of health risks and chronic conditions;

 

(6) enable and encourage utilization of a range of qualified health care professionals, including dedicated care coordinators, in a manner that enables providers to practice to the fullest extent of their license;

 

(7) focus initially on patients who have or are at risk of developing chronic health conditions;

 

(8) incorporate measures of quality, resource use, cost of care, and patient experience;

 

(9) ensure the use of health information technology and systematic follow-up, including the use of patient registries; and

 

(10) encourage the use of scientifically based health care, patient decision-making aids that provide patients with information about treatment options and their associated benefits, risks, costs, and comparative outcomes, and other clinical decision support tools.

 

(b) In developing these standards, the commissioners commissioner shall consult with national and local organizations working on health care home models, physicians, relevant state agencies, health plan companies, hospitals, other providers, patients, and patient advocates.  The commissioners may satisfy this requirement by continuing the provider directed care coordination advisory committee.

 

(c) For the purposes of developing and implementing these standards, the commissioners commissioner may use the expedited rulemaking process under section 14.389.


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Subd. 3.  Requirements for clinicians certified as health care homes.  (a) A personal clinician or a primary care clinic may be certified as a health care home.  If a primary care clinic is certified, all of the primary care clinic's clinicians must meet the criteria of a health care home.  In order To be certified as a health care home, a clinician or clinic must meet the standards set by the commissioners commissioner in accordance with this section.  Certification as a health care home is voluntary.  In order To maintain their status as health care homes, clinicians or clinics must renew their certification every three years.

 

(b) Clinicians or clinics certified as health care homes must offer their health care home services to all their patients with complex or chronic health conditions who are interested in participation.

 

(c) Health care homes must participate in the health care home collaborative established under subdivision 5.

 

Subd. 4.  Alternative models and waivers of requirements.  (a) Nothing in this section shall preclude precludes the continued development of existing medical or health care home projects currently operating or under development by the commissioner of human services or preclude precludes the commissioner of human services from establishing alternative models and payment mechanisms for persons who are enrolled in integrated Medicare and Medicaid programs under section 256B.69, subdivisions 23 and 28, are enrolled in managed care long-term care programs under section 256B.69, subdivision 6b, are dually eligible for Medicare and medical assistance, are in the waiting period for Medicare, or who have other primary coverage.

 

(b) The commissioner of health shall waive health care home certification requirements if an applicant demonstrates that compliance with a certification requirement will create a major financial hardship or is not feasible, and the applicant establishes an alternative way to accomplish the objectives of the certification requirement.

 

Subd. 5.  Health care home collaborative.  By July 1, 2009, The commissioners commissioner shall establish a health care home collaborative to provide an opportunity for health care homes and state agencies to exchange information related to quality improvement and best practices.

 

Subd. 6.  Evaluation and continued development.  (a) For continued certification under this section, health care homes must meet process, outcome, and quality standards as developed and specified by the commissioners commissioner.  The commissioners commissioner shall collect data from health care homes necessary for monitoring compliance with certification standards and for evaluating the impact of health care homes on health care quality, cost, and outcomes.

 

(b) The commissioners commissioner may contract with a private entity to perform an evaluation of the effectiveness of health care homes.  Data collected under this subdivision is classified as nonpublic data under chapter 13.

 

Subd. 7.  Outreach.  Beginning July 1, 2009, The commissioner of human services shall encourage state health care program enrollees who have a complex or chronic condition to select a primary care clinic with clinicians who have been certified as health care homes.

 

Subd. 8.  Coordination with local services.  The health care home and the county shall coordinate care and services provided to patients enrolled with a health care home who have complex medical needs or a disability, and who need and are eligible for additional local services administered by counties, including but not limited to waivered services, mental health services, social services, public health services, transportation, and housing.  The coordination of care and services must be as provided in the plan established by the patient and the health care home.


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Subd. 9.  Pediatric care coordination.  The commissioner of human services shall implement a pediatric care coordination service for children with high-cost medical or high-cost psychiatric conditions who are at risk of recurrent hospitalization or emergency room use for acute, chronic, or psychiatric illness, who receive medical assistance services.  Care coordination services must be targeted to children not already receiving care coordination through another service and may include but are not limited to the provision of health care home services to children admitted to hospitals that do not currently provide care coordination.  Care coordination services must be provided by care coordinators who are directly linked to provider teams in the care delivery setting, but who may be part of a community care team shared by multiple primary care providers or practices.  For purposes of this subdivision, the commissioner of human services shall, to the extent possible, use the existing health care home certification and payment structure established under this section and section 256B.0753.

 

Subd. 10.  Health care homes advisory committee.  (a) The commissioners of health and human services commissioner shall establish a health care homes advisory committee to advise the commissioners commissioner on the ongoing statewide implementation of the health care homes program authorized in this section.

 

(b) The commissioners commissioner shall establish an advisory committee that includes representatives of the health care professions such as primary care providers;, mental health providers;, nursing and care coordinators;, certified health care home clinics with statewide representation;, health plan companies;, state agencies;, employers;, academic researchers;, consumers;, and organizations that work to improve health care quality in Minnesota.  At least 25 percent of the committee members must be consumers or patients in health care homes.  The commissioners commissioner, in making appointments to the committee, shall ensure geographic representation of all regions of the state.

 

(c) The advisory committee shall advise the commissioners commissioner on ongoing implementation of the health care homes program, including, but not limited to, the following activities:

 

(1) implementation of certified health care homes across the state on performance management and implementation of benchmarking;

 

(2) implementation of modifications to the health care homes program based on results of the legislatively mandated health care homes evaluation;

 

(3) statewide solutions for engagement of employers and commercial payers;

 

(4) potential modifications of the health care homes rules or statutes;

 

(5) consumer engagement, including patient and family-centered care, patient activation in health care, and shared decision making;

 

(6) oversight for health care homes subject matter task forces or workgroups; and

 

(7) other related issues as requested by the commissioners commissioner.

 

(d) The advisory committee shall have the ability to establish subcommittees on specific topics.  The advisory committee is governed by section 15.059.  Notwithstanding section 15.059, the advisory committee does not expire.

 

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


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Sec. 30.  Minnesota Statutes 2018, section 256B.0753, subdivision 1, is amended to read:

 

Subdivision 1.  Development.  The commissioner of human services, in coordination with the commissioner of health, shall develop a payment system that provides per-person care coordination payments to health care homes certified under section 256B.0751 for providing care coordination services and directly managing on-site or employing care coordinators.  The care coordination payments under this section are in addition to the quality incentive payments in section 256B.0754, subdivision 1.  The care coordination payment system must vary the fees paid by thresholds of care complexity, with the highest fees being paid for care provided to individuals requiring the most intensive care coordination.  In developing the criteria for care coordination payments, the commissioner shall consider the feasibility of including the additional time and resources needed by patients with limited English‑language skills, cultural differences, or other barriers to health care.  The commissioner may determine a schedule for phasing in care coordination fees such that the fees will be applied first to individuals who have, or are at risk of developing, complex or chronic health conditions.  Development of the payment system must be completed by January 1, 2010.

 

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

 

Sec. 31.  Minnesota Statutes 2018, section 256B.69, is amended by adding a subdivision to read:

 

Subd. 6e.  Dental services.  (a) If a dental provider is providing services to an enrollee of a managed care plan or county-based purchasing plan based on a treatment plan that requires more than one visit, the managed care plan or county-based purchasing plan or the plan's subcontractor, if the plan subcontracts with a third party to administer dental services to the plan's enrollees, must not require the completion of the treatment plan as a condition of payment to the dental provider for services performed as part of the treatment plan.  The health plan or subcontractor must reimburse the dental provider for all services performed by the provider regardless of whether the treatment plan is completed, as long as the enrollee was covered under the plan at the time the service was performed.

 

(b) Nothing in paragraph (a) prevents a health plan or its subcontractor from paying for services using a bundled payment method.  If a bundled payment method is used and the treatment plan covered by the payment is not completed for any reason, the health plan or its subcontractor must reimburse the dental provider for the services performed, as long as the enrollee was covered under the plan at the time the service was performed.

 

Sec. 32.  Minnesota Statutes 2018, section 256B.75, is amended to read:

 

256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.

 

(a) For outpatient hospital facility fee payments for services rendered on or after October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those services for which there is a federal maximum allowable payment.  Effective for services rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital facility fees and emergency room facility fees shall be increased by eight percent over the rates in effect on December 31, 1999, except for those services for which there is a federal maximum allowable payment.  Services for which there is a federal maximum allowable payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum allowable payment.  Total aggregate payment for outpatient hospital facility fee services shall not exceed the Medicare upper limit.  If it is determined that a provision of this section conflicts with existing or future requirements of the United States government with respect to federal financial participation in medical assistance, the federal requirements prevail.  The commissioner may, in the aggregate, prospectively reduce payment rates to avoid reduced federal financial participation resulting from rates that are in excess of the Medicare upper limitations.

 

(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and ambulatory surgery hospital facility fee services for critical access hospitals designated under section 144.1483, clause (9), shall be paid on a cost-based payment system that is based on the cost-finding methods and allowable costs of the Medicare program.  Effective


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for services provided on or after July 1, 2015, rates established for critical access hospitals under this paragraph for the applicable payment year shall be the final payment and shall not be settled to actual costs.  Effective for services delivered on or after the first day of the hospital's fiscal year ending in 2016 2017, the rate for outpatient hospital services shall be computed using information from each hospital's Medicare cost report as filed with Medicare for the year that is two years before the year that the rate is being computed.  Rates shall be computed using information from Worksheet C series until the department finalizes the medical assistance cost reporting process for critical access hospitals.  After the cost reporting process is finalized, rates shall be computed using information from Title XIX Worksheet D series.  The outpatient rate shall be equal to ancillary cost plus outpatient cost, excluding costs related to rural health clinics and federally qualified health clinics, divided by ancillary charges plus outpatient charges, excluding charges related to rural health clinics and federally qualified health clinics.

 

(c) Effective for services provided on or after July 1, 2003, rates that are based on the Medicare outpatient prospective payment system shall be replaced by a budget neutral prospective payment system that is derived using medical assistance data.  The commissioner shall provide a proposal to the 2003 legislature to define and implement this provision.

 

(d) For fee-for-service services provided on or after July 1, 2002, the total payment, before third-party liability and spenddown, made to hospitals for outpatient hospital facility services is reduced by .5 percent from the current statutory rate.

 

(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service services provided on or after July 1, 2003, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced five percent from the current statutory rates.  Facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.

 

(f) In addition to the reductions in paragraphs (d) and (e), the total payment for fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient hospital facility services before third-party liability and spenddown, is reduced three percent from the current statutory rates.  Mental health services and facilities defined under section 256.969, subdivision 16, are excluded from this paragraph.

 

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

 

Sec. 33.  Minnesota Statutes 2018, section 256L.03, subdivision 1, is amended to read:

 

Subdivision 1.  Covered health services.  (a) "Covered health services" means the health services reimbursed under chapter 256B, with the exception of special education services, home care nursing services, adult dental care services other than services covered under section 256B.0625, subdivision 9, orthodontic services, nonemergency medical transportation services, personal care assistance and case management services, behavioral health home services under section 256B.0757, and nursing home or intermediate care facilities services.

 

(b) No public funds shall be used for coverage of abortion under MinnesotaCare except where the life of the female would be endangered or substantial and irreversible impairment of a major bodily function would result if the fetus were carried to term; or where the pregnancy is the result of rape or incest.

 

(c) Covered health services shall be expanded as provided in this section.

 

(d) For the purposes of covered health services under this section, "child" means an individual younger than 19 years of age.

 

Sec. 34.  Minnesota Statutes 2018, section 256L.15, subdivision 1, is amended to read:

 

Subdivision 1.  Premium determination for MinnesotaCare.  (a) Families with children and individuals shall pay a premium determined according to subdivision 2.


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(b) Members of the military and their families who meet the eligibility criteria for MinnesotaCare upon eligibility approval made within 24 months following the end of the member's tour of active duty shall have their premiums paid by the commissioner.  The effective date of coverage for an individual or family who meets the criteria of this paragraph shall be the first day of the month following the month in which eligibility is approved.  This exemption applies for 12 months.

 

(c) Beginning July 1, 2009, American Indians enrolled in MinnesotaCare and their families shall have their premiums waived by the commissioner in accordance with section 5006 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5.  An individual must indicate status as an American Indian, as defined under Code of Federal Regulations, title 42, section 447.50, to qualify for the waiver of premiums.  The commissioner shall accept attestation of an individual's status as an American Indian as verification until the United States Department of Health and Human Services approves an electronic data source for this purpose.

 

(d) For premiums effective August 1, 2015, and after, the commissioner, after consulting with the chairs and ranking minority members of the legislative committees with jurisdiction over human services, shall increase premiums under subdivision 2 for recipients based on June 2015 program enrollment.  Premium increases shall be sufficient to increase projected revenue to the fund described in section 16A.724 by at least $27,800,000 for the biennium ending June 30, 2017.  The commissioner shall publish the revised premium scale on the Department of Human Services website and in the State Register no later than June 15, 2015.  The revised premium scale applies to all premiums on or after August 1, 2015, in place of the scale under subdivision 2.

 

(e) By July 1, 2015, the commissioner shall provide the chairs and ranking minority members of the legislative committees with jurisdiction over human services the revised premium scale effective August 1, 2015, and statutory language to codify the revised premium schedule.

 

(f) Premium changes authorized under paragraph (d) must only apply to enrollees not otherwise excluded from paying premiums under state or federal law.  Premium changes authorized under paragraph (d) must satisfy the requirements for premiums for the Basic Health Program under title 42 of Code of Federal Regulations, section 600.505.

 

Sec. 35.  Laws 2019, chapter 63, article 3, section 1, is amended to read:

 

Section 1.  APPROPRIATIONS.

 

(a) Board of Pharmacy; administration.  $244,000 in fiscal year 2020 is appropriated from the general fund to the Board of Pharmacy for onetime information technology and operating costs for administration of licensing activities under Minnesota Statutes, section 151.066.  This is a onetime appropriation.

 

(b) Commissioner of human services; administration.  $309,000 in fiscal year 2020 is appropriated from the general fund and $60,000 in fiscal year 2021 is appropriated from the opiate epidemic response account fund to the commissioner of human services for the provision of administrative services to the Opiate Epidemic Response Advisory Council and for the administration of the grants awarded under paragraphs (f), (g), and (h).  The opiate epidemic response account fund base for this appropriation is $60,000 in fiscal year 2022, $60,000 in fiscal year 2023, $60,000 in fiscal year 2024, and $0 in fiscal year 2025.

 

(c) Board of Pharmacy; administration.  $126,000 in fiscal year 2020 is appropriated from the general fund to the Board of Pharmacy for the collection of the registration fees under section 151.066.

 

(d) Commissioner of public safety; enforcement activities.  $672,000 in fiscal year 2020 is appropriated from the general fund to the commissioner of public safety for the Bureau of Criminal Apprehension.  Of this amount, $384,000 is for drug scientists and lab supplies and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.


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(e) Commissioner of management and budget; evaluation activities.  $300,000 in fiscal year 2020 is appropriated from the general fund and $300,000 in fiscal year 2021 is appropriated from the opiate epidemic response account fund to the commissioner of management and budget for evaluation activities under Minnesota Statutes, section 256.042, subdivision 1, paragraph (c).  The opiate epidemic response account fund base for this appropriation is $300,000 in fiscal year 2022, $300,000 in fiscal year 2023, $300,000 in fiscal year 2024, and $0 in fiscal year 2025.

 

(f) Commissioner of human services; grants for Project ECHO.  $400,000 in fiscal year 2020 is appropriated from the general fund and $400,000 in fiscal year 2021 is appropriated from the opiate epidemic response account fund to the commissioner of human services for grants of $200,000 to CHI St. Gabriel's Health Family Medical Center for the opioid-focused Project ECHO program and $200,000 to Hennepin Health Care for the opioid-focused Project ECHO program.  The opiate epidemic response account fund base for this appropriation is $400,000 in fiscal year 2022, $400,000 in fiscal year 2023, $400,000 in fiscal year 2024, and $0 in fiscal year 2025.

 

(g) Commissioner of human services; opioid overdose prevention grant.  $100,000 in fiscal year 2020 is appropriated from the general fund and $100,000 in fiscal year 2021 is appropriated from the opiate epidemic response account fund to the commissioner of human services for a grant to a nonprofit organization that has provided overdose prevention programs to the public in at least 60 counties within the state, for at least three years, has received federal funding before January 1, 2019, and is dedicated to addressing the opioid epidemic.  The grant must be used for opioid overdose prevention, community asset mapping, education, and overdose antagonist distribution.  The opiate epidemic response account fund base for this appropriation is $100,000 in fiscal year 2022, $100,000 in fiscal year 2023, $100,000 in fiscal year 2024, and $0 in fiscal year 2025.

 

(h) Commissioner of human services; traditional healing.  $2,000,000 in fiscal year 2020 is appropriated from the general fund and $2,000,000 in fiscal year 2021 is appropriated from the opiate epidemic response account fund to the commissioner of human services to award grants to tribal nations and five urban Indian communities for traditional healing practices to American Indians and to increase the capacity of culturally specific providers in the behavioral health workforce.  The opiate epidemic response account fund base for this appropriation is $2,000,000 in fiscal year 2022, $2,000,000 in fiscal year 2023, $2,000,000 in fiscal year 2024, and $0 in fiscal year 2025.

 

(i) Board of Dentistry; continuing education.  $11,000 in fiscal year 2020 is appropriated from the state government special revenue fund to the Board of Dentistry to implement the continuing education requirements under Minnesota Statutes, section 214.12, subdivision 6.

 

(j) Board of Medical Practice; continuing education.  $17,000 in fiscal year 2020 is appropriated from the state government special revenue fund to the Board of Medical Practice to implement the continuing education requirements under Minnesota Statutes, section 214.12, subdivision 6.

 

(k) Board of Nursing; continuing education.  $17,000 in fiscal year 2020 is appropriated from the state government special revenue fund to the Board of Nursing to implement the continuing education requirements under Minnesota Statutes, section 214.12, subdivision 6.

 

(l) Board of Optometry; continuing education.  $5,000 in fiscal year 2020 is appropriated from the state government special revenue fund to the Board of Optometry to implement the continuing education requirements under Minnesota Statutes, section 214.12, subdivision 6.

 

(m) Board of Podiatric Medicine; continuing education.  $5,000 in fiscal year 2020 is appropriated from the state government special revenue fund to the Board of Podiatric Medicine to implement the continuing education requirements under Minnesota Statutes, section 214.12, subdivision 6.


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(n) Commissioner of health; nonnarcotic pain management and wellness.  $1,250,000 is appropriated in fiscal year 2020 from the general fund to the commissioner of health, to provide funding for:

 

(1) statewide mapping and assessment of community-based nonnarcotic pain management and wellness resources; and

 

(2) up to five demonstration projects in different geographic areas of the state to provide community-based nonnarcotic pain management and wellness resources to patients and consumers.

 

The demonstration projects must include an evaluation component and scalability analysis.  The commissioner shall award the grant for the statewide mapping and assessment, and the demonstration project grants, through a competitive request for proposal process.  Grants for statewide mapping and assessment and demonstration projects may be awarded simultaneously.  In awarding demonstration project grants, the commissioner shall give preference to proposals that incorporate innovative community partnerships, are informed and led by people in the community where the project is taking place, and are culturally relevant and delivered by culturally competent providers.  This is a onetime appropriation.

 

(o) Commissioner of health; administration.  $38,000 in fiscal year 2020 is appropriated from the general fund to the commissioner of health for the administration of the grants awarded in paragraph (n).

 

Sec. 36.  Laws 2019, chapter 63, article 3, section 2, is amended to read:

 

Sec. 2.  TRANSFER.

 

By June 30, 2021, the commissioner of human services shall transfer $5,439,000 from the opiate epidemic response account fund to the general fund.  This is a onetime transfer.

 

Sec. 37.  REVISOR INSTRUCTION.

 

(a) The revisor of statutes shall number the existing language in Minnesota Statutes, section 62U.03, as subdivision 1 and renumber the provisions of Minnesota Statutes listed in column A to the references listed in column B.

 

Column A

 

Column B

256B.0751, subdivision 1

62U.03, subdivision 2

256B.0751, subdivision 2

62U.03, subdivision 3

256B.0751, subdivision 3

62U.03, subdivision 4

256B.0751, subdivision 4

62U.03, subdivision 5

256B.0751, subdivision 5

62U.03, subdivision 6

256B.0751, subdivision 6

62U.03, subdivision 7

256B.0751, subdivision 7

62U.03, subdivision 8

256B.0751, subdivision 8

62U.03, subdivision 9

256B.0751, subdivision 9

62U.03, subdivision 10

256B.0751, subdivision 10

62U.03, subdivision 11

 

(b) The revisor of statutes shall change the applicable references to Minnesota Statutes, section 256B.0751, to section 62U.03.  The revisor shall make necessary cross-reference changes in Minnesota Statutes consistent with the renumbering.  The revisor shall also make technical and other necessary changes to sentence structure to preserve the meaning of the text.

 

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


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Sec. 38.  REPEALER.

 

Minnesota Statutes 2018, sections 62U.15, subdivision 2; 256B.057, subdivision 8; 256B.0752; and 256L.04, subdivision 13, are repealed.

 

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

 

ARTICLE 4

ADVANCED PRACTICE REGISTERED NURSES

 

Section 1.  Minnesota Statutes 2018, section 62D.09, subdivision 1, is amended to read:

 

Subdivision 1.  Marketing requirements.  (a) Any written marketing materials which may be directed toward potential enrollees and which include a detailed description of benefits provided by the health maintenance organization shall include a statement of enrollee information and rights as described in section 62D.07, subdivision 3, clauses (2) and (3).  Prior to any oral marketing presentation, the agent marketing the plan must inform the potential enrollees that any complaints concerning the material presented should be directed to the health maintenance organization, the commissioner of health, or, if applicable, the employer.

 

(b) Detailed marketing materials must affirmatively disclose all exclusions and limitations in the organization's services or kinds of services offered to the contracting party, including but not limited to the following types of exclusions and limitations:

 

(1) health care services not provided;

 

(2) health care services requiring co-payments or deductibles paid by enrollees;

 

(3) the fact that access to health care services does not guarantee access to a particular provider type; and

 

(4) health care services that are or may be provided only by referral of a physician or advanced practice registered nurse.

 

(c) No marketing materials may lead consumers to believe that all health care needs will be covered.  All marketing materials must alert consumers to possible uncovered expenses with the following language in bold print:  "THIS HEALTH CARE PLAN MAY NOT COVER ALL YOUR HEALTH CARE EXPENSES; READ YOUR CONTRACT CAREFULLY TO DETERMINE WHICH EXPENSES ARE COVERED."  Immediately following the disclosure required under paragraph (b), clause (3), consumers must be given a telephone number to use to contact the health maintenance organization for specific information about access to provider types.

 

(d) The disclosures required in paragraphs (b) and (c) are not required on billboards or image, and name identification advertisement.

 

Sec. 2.  Minnesota Statutes 2018, section 62E.06, subdivision 1, is amended to read:

 

Subdivision 1.  Number three plan.  A plan of health coverage shall be certified as a number three qualified plan if it otherwise meets the requirements established by chapters 62A, 62C, and 62Q, and the other laws of this state, whether or not the policy is issued in Minnesota, and meets or exceeds the following minimum standards:

 

(a) The minimum benefits for a covered individual shall, subject to the other provisions of this subdivision, be equal to at least 80 percent of the cost of covered services in excess of an annual deductible which does not exceed $150 per person.  The coverage shall include a limitation of $3,000 per person on total annual out-of-pocket expenses for services covered under this subdivision.  The coverage shall not be subject to a lifetime maximum on essential health benefits.


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The prohibition on lifetime maximums for essential health benefits and $3,000 limitation on total annual out‑of‑pocket expenses shall not be subject to change or substitution by use of an actuarially equivalent benefit.

 

(b) Covered expenses shall be the usual and customary charges for the following services and articles when prescribed by a physician or advanced practice registered nurse:

 

(1) hospital services;

 

(2) professional services for the diagnosis or treatment of injuries, illnesses, or conditions, other than dental, which are rendered by a physician or advanced practice registered nurse or at the physician's or advanced practice registered nurse's direction;

 

(3) drugs requiring a physician's or advanced practice registered nurse's prescription;

 

(4) services of a nursing home for not more than 120 days in a year if the services would qualify as reimbursable services under Medicare;

 

(5) services of a home health agency if the services would qualify as reimbursable services under Medicare;

 

(6) use of radium or other radioactive materials;

 

(7) oxygen;

 

(8) anesthetics;

 

(9) prostheses other than dental but including scalp hair prostheses worn for hair loss suffered as a result of alopecia areata;

 

(10) rental or purchase, as appropriate, of durable medical equipment other than eyeglasses and hearing aids, unless coverage is required under section 62Q.675;

 

(11) diagnostic x-rays and laboratory tests;

 

(12) oral surgery for partially or completely unerupted impacted teeth, a tooth root without the extraction of the entire tooth, or the gums and tissues of the mouth when not performed in connection with the extraction or repair of teeth;

 

(13) services of a physical therapist;

 

(14) transportation provided by licensed ambulance service to the nearest facility qualified to treat the condition; or a reasonable mileage rate for transportation to a kidney dialysis center for treatment; and

 

(15) services of an occupational therapist.

 

(c) Covered expenses for the services and articles specified in this subdivision do not include the following:

 

(1) any charge for care for injury or disease either (i) arising out of an injury in the course of employment and subject to a workers' compensation or similar law, (ii) for which benefits are payable without regard to fault under coverage statutorily required to be contained in any motor vehicle, or other liability insurance policy or equivalent self-insurance, or (iii) for which benefits are payable under another policy of accident and health insurance, Medicare, or any other governmental program except as otherwise provided by section 62A.04, subdivision 3, clause (4);


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(2) any charge for treatment for cosmetic purposes other than for reconstructive surgery when such service is incidental to or follows surgery resulting from injury, sickness, or other diseases of the involved part or when such service is performed on a covered dependent child because of congenital disease or anomaly which has resulted in a functional defect as determined by the attending physician or advanced practice registered nurse;

 

(3) care which is primarily for custodial or domiciliary purposes which would not qualify as eligible services under Medicare;

 

(4) any charge for confinement in a private room to the extent it is in excess of the institution's charge for its most common semiprivate room, unless a private room is prescribed as medically necessary by a physician or advanced practice registered nurse, provided, however, that if the institution does not have semiprivate rooms, its most common semiprivate room charge shall be considered to be 90 percent of its lowest private room charge;

 

(5) that part of any charge for services or articles rendered or prescribed by a physician, advanced practice registered nurse, dentist, or other health care personnel which exceeds the prevailing charge in the locality where the service is provided; and

 

(6) any charge for services or articles the provision of which is not within the scope of authorized practice of the institution or individual rendering the services or articles.

 

(d) The minimum benefits for a qualified plan shall include, in addition to those benefits specified in clauses (a) and (e), benefits for well baby care, effective July 1, 1980, subject to applicable deductibles, coinsurance provisions, and maximum lifetime benefit limitations.

 

(e) Effective July 1, 1979, the minimum benefits of a qualified plan shall include, in addition to those benefits specified in clause (a), a second opinion from a physician on all surgical procedures expected to cost a total of $500 or more in physician, laboratory, and hospital fees, provided that the coverage need not include the repetition of any diagnostic tests.

 

(f) Effective August 1, 1985, the minimum benefits of a qualified plan must include, in addition to the benefits specified in clauses (a), (d), and (e), coverage for special dietary treatment for phenylketonuria when recommended by a physician or advanced practice registered nurse.

 

(g) Outpatient mental health coverage is subject to section 62A.152, subdivision 2.

 

Sec. 3.  Minnesota Statutes 2018, section 62J.17, subdivision 4a, is amended to read:

 

Subd. 4a.  Expenditure reporting.  Each hospital, outpatient surgical center, diagnostic imaging center, and physician or advanced practice registered nurse clinic shall report annually to the commissioner on all major spending commitments, in the form and manner specified by the commissioner.  The report shall include the following information:

 

(1) a description of major spending commitments made during the previous year, including the total dollar amount of major spending commitments and purpose of the expenditures;

 

(2) the cost of land acquisition, construction of new facilities, and renovation of existing facilities;

 

(3) the cost of purchased or leased medical equipment, by type of equipment;

 

(4) expenditures by type for specialty care and new specialized services;


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(5) information on the amount and types of added capacity for diagnostic imaging services, outpatient surgical services, and new specialized services; and

 

(6) information on investments in electronic medical records systems.

 

For hospitals and outpatient surgical centers, this information shall be included in reports to the commissioner that are required under section 144.698.  For diagnostic imaging centers, this information shall be included in reports to the commissioner that are required under section 144.565.  For all other health care providers that are subject to this reporting requirement, reports must be submitted to the commissioner by March 1 each year for the preceding calendar year.

 

Sec. 4.  Minnesota Statutes 2019 Supplement, section 62J.23, subdivision 2, is amended to read:

 

Subd. 2.  Restrictions.  (a) From July 1, 1992, until rules are adopted by the commissioner under this section, the restrictions in the federal Medicare antikickback statutes in section 1128B(b) of the Social Security Act, United States Code, title 42, section 1320a-7b(b), and rules adopted under the federal statutes, apply to all persons in the state, regardless of whether the person participates in any state health care program.

 

(b) Nothing in paragraph (a) shall be construed to prohibit an individual from receiving a discount or other reduction in price or a limited-time free supply or samples of a prescription drug, medical supply, or medical equipment offered by a pharmaceutical manufacturer, medical supply or device manufacturer, health plan company, or pharmacy benefit manager, so long as:

 

(1) the discount or reduction in price is provided to the individual in connection with the purchase of a prescription drug, medical supply, or medical equipment prescribed for that individual;

 

(2) it otherwise complies with the requirements of state and federal law applicable to enrollees of state and federal public health care programs;

 

(3) the discount or reduction in price does not exceed the amount paid directly by the individual for the prescription drug, medical supply, or medical equipment; and

 

(4) the limited-time free supply or samples are provided by a physician, advanced practice registered nurse, or pharmacist, as provided by the federal Prescription Drug Marketing Act.

 

For purposes of this paragraph, "prescription drug" includes prescription drugs that are administered through infusion, and related services and supplies.

 

(c) No benefit, reward, remuneration, or incentive for continued product use may be provided to an individual or an individual's family by a pharmaceutical manufacturer, medical supply or device manufacturer, or pharmacy benefit manager, except that this prohibition does not apply to:

 

(1) activities permitted under paragraph (b);

 

(2) a pharmaceutical manufacturer, medical supply or device manufacturer, health plan company, or pharmacy benefit manager providing to a patient, at a discount or reduced price or free of charge, ancillary products necessary for treatment of the medical condition for which the prescription drug, medical supply, or medical equipment was prescribed or provided; and

 

(3) a pharmaceutical manufacturer, medical supply or device manufacturer, health plan company, or pharmacy benefit manager providing to a patient a trinket or memento of insignificant value.


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(d) Nothing in this subdivision shall be construed to prohibit a health plan company from offering a tiered formulary with different co-payment or cost-sharing amounts for different drugs.

 

Sec. 5.  Minnesota Statutes 2018, section 62J.495, subdivision 1a, is amended to read:

 

Subd. 1a.  Definitions.  (a) "Certified electronic health record technology" means an electronic health record that is certified pursuant to section 3001(c)(5) of the HITECH Act to meet the standards and implementation specifications adopted under section 3004 as applicable.

 

(b) "Commissioner" means the commissioner of health.

 

(c) "Pharmaceutical electronic data intermediary" means any entity that provides the infrastructure to connect computer systems or other electronic devices utilized by prescribing practitioners with those used by pharmacies, health plans, third-party administrators, and pharmacy benefit managers in order to facilitate the secure transmission of electronic prescriptions, refill authorization requests, communications, and other prescription-related information between such entities.

 

(d) "HITECH Act" means the Health Information Technology for Economic and Clinical Health Act in division A, title XIII and division B, title IV of the American Recovery and Reinvestment Act of 2009, including federal regulations adopted under that act.

 

(e) "Interoperable electronic health record" means an electronic health record that securely exchanges health information with another electronic health record system that meets requirements specified in subdivision 3, and national requirements for certification under the HITECH Act.

 

(f) "Qualified electronic health record" means an electronic record of health-related information on an individual that includes patient demographic and clinical health information and has the capacity to:

 

(1) provide clinical decision support;

 

(2) support physician provider order entry;

 

(3) capture and query information relevant to health care quality; and

 

(4) exchange electronic health information with, and integrate such information from, other sources.

 

Sec. 6.  Minnesota Statutes 2018, section 62J.52, subdivision 2, is amended to read:

 

Subd. 2.  Uniform billing form CMS 1500.  (a) On and after January 1, 1996, all noninstitutional health care services rendered by providers in Minnesota except dental or pharmacy providers, that are not currently being billed using an equivalent electronic billing format, must be billed using the most current version of the health insurance claim form CMS 1500.

 

(b) The instructions and definitions for the use of the uniform billing form CMS 1500 shall be in accordance with the manual developed by the Administrative Uniformity Committee entitled standards for the use of the CMS 1500 form, dated February 1994, as further defined by the commissioner.

 

(c) Services to be billed using the uniform billing form CMS 1500 include physician services and supplies, durable medical equipment, noninstitutional ambulance services, independent ancillary services including occupational therapy, physical therapy, speech therapy and audiology, home infusion therapy, podiatry services, optometry services, mental health licensed professional services, substance abuse licensed professional services, nursing practitioner professional services, certified registered nurse anesthetists advanced practice registered nurse services, chiropractors, physician assistants, laboratories, medical suppliers, waivered services, personal care attendants, and other health care providers such as day activity centers and freestanding ambulatory surgical centers.


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(d) Services provided by Medicare Critical Access Hospitals electing Method II billing will be allowed an exception to this provision to allow the inclusion of the professional fees on the CMS 1450.

 

Sec. 7.  Minnesota Statutes 2018, section 62J.823, subdivision 3, is amended to read:

 

Subd. 3.  Applicability and scope.  Any hospital, as defined in section 144.696, subdivision 3, and outpatient surgical center, as defined in section 144.696, subdivision 4, shall provide a written estimate of the cost of a specific service or stay upon the request of a patient, doctor, advanced practice registered nurse, or the patient's representative.  The request must include:

 

(1) the health coverage status of the patient, including the specific health plan or other health coverage under which the patient is enrolled, if any; and

 

(2) at least one of the following:

 

(i) the specific diagnostic-related group code;

 

(ii) the name of the procedure or procedures to be performed;

 

(iii) the type of treatment to be received; or

 

(iv) any other information that will allow the hospital or outpatient surgical center to determine the specific diagnostic-related group or procedure code or codes.

 

Sec. 8.  Minnesota Statutes 2019 Supplement, section 62Q.184, subdivision 1, is amended to read:

 

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.  A clinical practice guideline also includes a preferred drug list developed in accordance with section 256B.0625.

 

(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 also includes a county‑based purchasing plan participating in a public program under chapter 256B or 256L and an integrated health partnership under section 256B.0755.

 

(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 drugs and physician-administered drugs that are administered by a physician or advanced practice registered nurse, 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.


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Sec. 9.  Minnesota Statutes 2018, section 62Q.43, subdivision 1, is amended to read:

 

Subdivision 1.  Closed-panel health plan.  For purposes of this section, "closed-panel health plan" means a health plan as defined in section 62Q.01 that requires an enrollee to receive all or a majority of primary care services from a specific clinic or physician primary care provider designated by the enrollee that is within the health plan company's clinic or physician provider network.

 

Sec. 10.  Minnesota Statutes 2018, section 62Q.43, subdivision 2, is amended to read:

 

Subd. 2.  Access requirement.  Every closed-panel health plan must allow enrollees under the age of 26 years to change their designated clinic or physician primary care provider at least once per month, as long as the clinic or physician provider is part of the health plan company's statewide clinic or physician provider network.  A health plan company shall not charge enrollees who choose this option higher premiums or cost sharing than would otherwise apply to enrollees who do not choose this option.  A health plan company may require enrollees to provide 15 days' written notice of intent to change their designated clinic or physician primary care provider.

 

Sec. 11.  Minnesota Statutes 2018, section 62Q.54, is amended to read:

 

62Q.54 REFERRALS FOR RESIDENTS OF HEALTH CARE FACILITIES.

 

If an enrollee is a resident of a health care facility licensed under chapter 144A or a housing with services establishment registered under chapter 144D, the enrollee's primary care physician provider must refer the enrollee to that facility's skilled nursing unit or that facility's appropriate care setting, provided that the health plan company and the provider can best meet the patient's needs in that setting, if the following conditions are met:

 

(1) the facility agrees to be reimbursed at that health plan company's contract rate negotiated with similar providers for the same services and supplies; and

 

(2) the facility meets all guidelines established by the health plan company related to quality of care, utilization, referral authorization, risk assumption, use of health plan company network, and other criteria applicable to providers under contract for the same services and supplies.

 

Sec. 12.  Minnesota Statutes 2018, section 62Q.57, subdivision 1, is amended to read:

 

Subdivision 1.  Choice of primary care provider.  (a) If a health plan company offering a group health plan, or an individual health plan that is not a grandfathered plan, requires or provides for the designation by an enrollee of a participating primary care provider, the health plan company shall permit each enrollee to:

 

(1) designate any participating primary care provider available to accept the enrollee; and

 

(2) for a child, designate any participating physician or advanced practice registered nurse who specializes in pediatrics as the child's primary care provider and is available to accept the child.

 

(b) This section does not waive any exclusions of coverage under the terms and conditions of the health plan with respect to coverage of pediatric care.

 

Sec. 13.  Minnesota Statutes 2018, section 62Q.73, subdivision 7, is amended to read:

 

Subd. 7.  Standards of review.  (a) For an external review of any issue in an adverse determination that does not require a medical necessity determination, the external review must be based on whether the adverse determination was in compliance with the enrollee's health benefit plan.


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(b) For an external review of any issue in an adverse determination by a health plan company licensed under chapter 62D that requires a medical necessity determination, the external review must determine whether the adverse determination was consistent with the definition of medically necessary care in Minnesota Rules, part 4685.0100, subpart 9b.

 

(c) For an external review of any issue in an adverse determination by a health plan company, other than a health plan company licensed under chapter 62D, that requires a medical necessity determination, the external review must determine whether the adverse determination was consistent with the definition of medically necessary care in section 62Q.53, subdivision 2.

 

(d) For an external review of an adverse determination involving experimental or investigational treatment, the external review entity must base its decision on all documents submitted by the health plan company and enrollee, including medical records, the attending physician, advanced practice registered nurse, or health care professional's recommendation, consulting reports from health care professionals, the terms of coverage, federal Food and Drug Administration approval, and medical or scientific evidence or evidence-based standards.

 

Sec. 14.  Minnesota Statutes 2018, section 62Q.733, subdivision 3, is amended to read:

 

Subd. 3.  Health care provider or provider.  "Health care provider" or "provider" means a physician, advanced practice registered nurse, chiropractor, dentist, podiatrist, or other provider as defined under section 62J.03, other than hospitals, ambulatory surgical centers, or freestanding emergency rooms.

 

Sec. 15.  Minnesota Statutes 2018, section 62Q.74, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section, "category of coverage" means one of the following types of health-related coverage:

 

(1) health;

 

(2) no-fault automobile medical benefits; or

 

(3) workers' compensation medical benefits.

 

(b) "Health care provider" or "provider" means a physician, advanced practice registered nurse, chiropractor, dentist, podiatrist, hospital, ambulatory surgical center, freestanding emergency room, or other provider, as defined in section 62J.03.

 

Sec. 16.  Minnesota Statutes 2018, section 62S.08, subdivision 3, is amended to read:

 

Subd. 3.  Mandatory format.  The following standard format outline of coverage must be used, unless otherwise specifically indicated:

 

COMPANY NAME

 

ADDRESS - CITY AND STATE

 

TELEPHONE NUMBER

 

LONG-TERM CARE INSURANCE

 

OUTLINE OF COVERAGE

 

Policy Number or Group Master Policy and Certificate Number


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(Except for policies or certificates which are guaranteed issue, the following caution statement, or language substantially similar, must appear as follows in the outline of coverage.)

 

CAUTION:  The issuance of this long-term care insurance (policy) (certificate) is based upon your responses to the questions on your application.  A copy of your (application) (enrollment form) (is enclosed) (was retained by you when you applied).  If your answers are incorrect or untrue, the company has the right to deny benefits or rescind your policy.  The best time to clear up any questions is now, before a claim arises.  If, for any reason, any of your answers are incorrect, contact the company at this address:  (insert address).

 

(1) This policy is (an individual policy of insurance) (a group policy) which was issued in the (indicate jurisdiction in which group policy was issued).

 

(2) PURPOSE OF OUTLINE OF COVERAGE.  This outline of coverage provides a very brief description of the important features of the policy.  You should compare this outline of coverage to outlines of coverage for other policies available to you.  This is not an insurance contract, but only a summary of coverage.  Only the individual or group policy contains governing contractual provisions.  This means that the policy or group policy sets forth in detail the rights and obligations of both you and the insurance company.  Therefore, if you purchase this coverage, or any other coverage, it is important that you READ YOUR POLICY (OR CERTIFICATE) CAREFULLY.

 

(3) THIS PLAN IS INTENDED TO BE A QUALIFIED LONG-TERM CARE INSURANCE CONTRACT AS DEFINED UNDER SECTION 7702(B)(b) OF THE INTERNAL REVENUE CODE OF 1986.

 

(4) TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE CONTINUED IN FORCE OR DISCONTINUED.

 

(a) (For long-term care health insurance policies or certificates describe one of the following permissible policy renewability provisions:)

 

(1) (Policies and certificates that are guaranteed renewable shall contain the following statement:) RENEWABILITY:  THIS POLICY (CERTIFICATE) IS GUARANTEED RENEWABLE.  This means you have the right, subject to the terms of your policy, (certificate) to continue this policy as long as you pay your premiums on time.  (Company name) cannot change any of the terms of your policy on its own, except that, in the future, IT MAY INCREASE THE PREMIUM YOU PAY.

 

(2) (Policies and certificates that are noncancelable shall contain the following statement:) RENEWABILITY:  THIS POLICY (CERTIFICATE) IS NONCANCELABLE.  This means that you have the right, subject to the terms of your policy, to continue this policy as long as you pay your premiums on time.  (Company name) cannot change any of the terms of your policy on its own and cannot change the premium you currently pay.  However, if your policy contains an inflation protection feature where you choose to increase your benefits, (company name) may increase your premium at that time for those additional benefits.

 

(b) (For group coverage, specifically describe continuation/conversion provisions applicable to the certificate and group policy.)

 

(c) (Describe waiver of premium provisions or state that there are not such provisions.)

 

(5) TERMS UNDER WHICH THE COMPANY MAY CHANGE PREMIUMS.

 

(In bold type larger than the maximum type required to be used for the other provisions of the outline of coverage, state whether or not the company has a right to change the premium and, if a right exists, describe clearly and concisely each circumstance under which the premium may change.)


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(6) TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE RETURNED AND PREMIUM REFUNDED.

 

(a) (Provide a brief description of the right to return -- "free look" provision of the policy.)

 

(b) (Include a statement that the policy either does or does not contain provisions providing for a refund or partial refund of premium upon the death of an insured or surrender of the policy or certificate.  If the policy contains such provisions, include a description of them.)

 

(7) THIS IS NOT MEDICARE SUPPLEMENT COVERAGE.  If you are eligible for Medicare, review the Medicare Supplement Buyer's Guide available from the insurance company.

 

(a) (For agents) neither (insert company name) nor its agents represent Medicare, the federal government, or any state government.

 

(b) (For direct response) (insert company name) is not representing Medicare, the federal government, or any state government.

 

(8) LONG-TERM CARE COVERAGE.  Policies of this category are designed to provide coverage for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital, such as in a nursing home, in the community, or in the home.

 

This policy provides coverage in the form of a fixed dollar indemnity benefit for covered long-term care expenses, subject to policy (limitations), (waiting periods), and (coinsurance) requirements.  (Modify this paragraph if the policy is not an indemnity policy.)

 

(9) BENEFITS PROVIDED BY THIS POLICY.

 

(a) (Covered services, related deductible(s), waiting periods, elimination periods, and benefit maximums.)

 

(b) (Institutional benefits, by skill level.)

 

(c) (Noninstitutional benefits, by skill level.)

 

(d) (Eligibility for payment of benefits.)

 

(Activities of daily living and cognitive impairment shall be used to measure an insured's need for long-term care and must be defined and described as part of the outline of coverage.)

 

(Any benefit screens must be explained in this section.  If these screens differ for different benefits, explanation of the screen should accompany each benefit description.  If an attending physician, advanced practice registered nurse, or other specified person must certify a certain level of functional dependency in order to be eligible for benefits, this too must be specified.  If activities of daily living (ADLs) are used to measure an insured's need for long-term care, then these qualifying criteria or screens must be explained.)

 

(10) LIMITATIONS AND EXCLUSIONS:

 

Describe:

 

(a) preexisting conditions;


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(b) noneligible facilities/provider;

 

(c) noneligible levels of care (e.g., unlicensed providers, care or treatment provided by a family member, etc.);

 

(d) exclusions/exceptions; and

 

(e) limitations.

 

(This section should provide a brief specific description of any policy provisions which limit, exclude, restrict, reduce, delay, or in any other manner operate to qualify payment of the benefits described in paragraph (8).)

 

THIS POLICY MAY NOT COVER ALL THE EXPENSES ASSOCIATED WITH YOUR LONG-TERM CARE NEEDS.

 

(11) RELATIONSHIP OF COST OF CARE AND BENEFITS.  Because the costs of long-term care services will likely increase over time, you should consider whether and how the benefits of this plan may be adjusted.  As applicable, indicate the following:

 

(a) that the benefit level will not increase over time;

 

(b) any automatic benefit adjustment provisions;

 

(c) whether the insured will be guaranteed the option to buy additional benefits and the basis upon which benefits will be increased over time if not by a specified amount or percentage;

 

(d) if there is such a guarantee, include whether additional underwriting or health screening will be required, the frequency and amounts of the upgrade options, and any significant restrictions or limitations; and

 

(e) whether there will be any additional premium charge imposed and how that is to be calculated.

 

(12) ALZHEIMER'S DISEASE AND OTHER ORGANIC BRAIN DISORDERS.  (State that the policy provides coverage for insureds clinically diagnosed as having Alzheimer's disease or related degenerative and dementing illnesses.  Specifically, describe each benefit screen or other policy provision which provides preconditions to the availability of policy benefits for such an insured.)

 

(13) PREMIUM.

 

(a) State the total annual premium for the policy.

 

(b) If the premium varies with an applicant's choice among benefit options, indicate the portion of annual premium which corresponds to each benefit option.

 

(14) ADDITIONAL FEATURES.

 

(a) Indicate if medical underwriting is used.

 

(b) Describe other important features.

 

(15) CONTACT THE STATE DEPARTMENT OF COMMERCE OR SENIOR LINKAGE LINE IF YOU HAVE GENERAL QUESTIONS REGARDING LONG-TERM CARE INSURANCE.  CONTACT THE INSURANCE COMPANY IF YOU HAVE SPECIFIC QUESTIONS REGARDING YOUR LONG-TERM CARE INSURANCE POLICY OR CERTIFICATE.


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Sec. 17.  Minnesota Statutes 2018, section 62S.20, subdivision 5b, is amended to read:

 

Subd. 5b.  Benefit triggers.  Activities of daily living and cognitive impairment must be used to measure an insured's need for long-term care and must be described in the policy or certificate in a separate paragraph and must be labeled "Eligibility for the Payment of Benefits."  Any additional benefit triggers must also be explained in this section.  If these triggers differ for different benefits, explanation of the trigger must accompany each benefit description.  If an attending physician, advanced practice registered nurse, or other specified person must certify a certain level of functional dependency in order to be eligible for benefits, this too shall be specified.

 

Sec. 18.  Minnesota Statutes 2018, section 62S.21, subdivision 2, is amended to read:

 

Subd. 2.  Medication information required.  If an application for long-term care insurance contains a question which asks whether the applicant has had medication prescribed by a physician or advanced practice registered nurse, it must also ask the applicant to list the medication that has been prescribed.  If the medications listed in the application were known by the insurer, or should have been known at the time of application, to be directly related to a medical condition for which coverage would otherwise be denied, then the policy or certificate shall not be rescinded for that condition.

 

Sec. 19.  Minnesota Statutes 2018, section 62S.268, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For purposes of this section, the following terms have the meanings given them:

 

(a) "Qualified long-term care services" means services that meet the requirements of section 7702(c)(1) of the Internal Revenue Code of 1986, as amended, as follows:  necessary diagnostic, preventive, therapeutic, curative, treatment, mitigation, and rehabilitative services, and maintenance or personal care services which are required by a chronically ill individual, and are provided pursuant to a plan of care prescribed by a licensed health care practitioner.

 

(b) "Chronically ill individual" has the meaning prescribed for this term by section 7702B(c)(2) of the Internal Revenue Code of 1986, as amended.  Under this provision, a chronically ill individual means any individual who has been certified by a licensed health care practitioner as being unable to perform, without substantial assistance from another individual, at least two activities of daily living for a period of at least 90 days due to a loss of functional capacity, or requiring substantial supervision to protect the individual from threats to health and safety due to severe cognitive impairment.

 

The term "chronically ill individual" does not include an individual otherwise meeting these requirements unless within the preceding 12-month period a licensed health care practitioner has certified that the individual meets these requirements.

 

(c) "Licensed health care practitioner" means a physician, as defined in section 1861(r)(1) of the Social Security Act, an advanced practice registered nurse, a registered professional nurse, licensed social worker, or other individual who meets requirements prescribed by the Secretary of the Treasury.

 

(d) "Maintenance or personal care services" means any care the primary purpose of which is the provision of needed assistance with any of the disabilities as a result of which the individual is a chronically ill individual, including the protection from threats to health and safety due to severe cognitive impairment.

 

Sec. 20.  Minnesota Statutes 2018, section 144.3345, subdivision 1, is amended to read:


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Subdivision 1.  Definitions.  (a) The following definitions are used for the purposes of this section.

 

(b) "Eligible community e-health collaborative" means an existing or newly established collaborative to support the adoption and use of interoperable electronic health records.  A collaborative must consist of at least two or more eligible health care entities in at least two of the categories listed in paragraph (c) and have a focus on interconnecting the members of the collaborative for secure and interoperable exchange of health care information.

 

(c) "Eligible health care entity" means one of the following:

 

(1) community clinics, as defined under section 145.9268;

 

(2) hospitals eligible for rural hospital capital improvement grants, as defined in section 144.148;

 

(3) physician or advanced practice registered nurse clinics located in a community with a population of less than 50,000 according to United States Census Bureau statistics and outside the seven-county metropolitan area;

 

(4) nursing facilities licensed under sections 144A.01 to 144A.27;

 

(5) community health boards as established under chapter 145A;

 

(6) nonprofit entities with a purpose to provide health information exchange coordination governed by a representative, multi-stakeholder board of directors; and

 

(7) other providers of health or health care services approved by the commissioner for which interoperable electronic health record capability would improve quality of care, patient safety, or community health.

 

Sec. 21.  Minnesota Statutes 2018, section 144.3352, is amended to read:

 

144.3352 HEPATITIS B MATERNAL CARRIER DATA; INFANT IMMUNIZATION.

 

The commissioner of health or a community health board may inform the physician or advanced practice registered nurse attending a newborn of the hepatitis B infection status of the biological mother.

 

Sec. 22.  Minnesota Statutes 2018, section 144.34, is amended to read:

 

144.34 INVESTIGATION AND CONTROL OF OCCUPATIONAL DISEASES.

 

Any physician or advanced practice registered nurse having under professional care any person whom the physician or advanced practice registered nurse believes to be suffering from poisoning from lead, phosphorus, arsenic, brass, silica dust, carbon monoxide gas, wood alcohol, or mercury, or their compounds, or from anthrax or from compressed-air illness or any other disease contracted as a result of the nature of the employment of such person shall within five days mail to the Department of Health a report stating the name, address, and occupation of such patient, the name, address, and business of the patient's employer, the nature of the disease, and such other information as may reasonably be required by the department.  The department shall prepare and furnish the physicians and advanced practice registered nurses of this state suitable blanks for the reports herein required.  No report made pursuant to the provisions of this section shall be admissible as evidence of the facts therein stated in any action at law or in any action under the Workers' Compensation Act against any employer of such diseased person.  The Department of Health is authorized to investigate and to make recommendations for the elimination or prevention of occupational diseases which have been reported to it, or which shall be reported to it, in accordance with the provisions of this section.  The department is also authorized to study and provide advice in regard to


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conditions that may be suspected of causing occupational diseases.  Information obtained upon investigations made in accordance with the provisions of this section shall not be admissible as evidence in any action at law to recover damages for personal injury or in any action under the Workers' Compensation Act.  Nothing herein contained shall be construed to interfere with or limit the powers of the Department of Labor and Industry to make inspections of places of employment or issue orders for the protection of the health of the persons therein employed.  When upon investigation the commissioner of health reaches a conclusion that a condition exists which is dangerous to the life and health of the workers in any industry or factory or other industrial institutions the commissioner shall file a report thereon with the Department of Labor and Industry.

 

Sec. 23.  Minnesota Statutes 2018, section 144.441, subdivision 4, is amended to read:

 

Subd. 4.  Screening of employees.  As determined by the commissioner under subdivision 2, a person employed by the designated school or school district shall submit to the administrator or other person having general control and supervision of the school one of the following:

 

(1) a statement from a physician, advanced practice registered nurse, or public clinic stating that the person has had a negative Mantoux test reaction within the past year, provided that the person has no symptoms suggestive of tuberculosis or evidence of a new exposure to active tuberculosis;

 

(2) a statement from a physician, advanced practice registered nurse, or public clinic stating that a person who has a positive Mantoux test reaction has had a negative chest roentgenogram (X-ray) for tuberculosis within the past year, provided that the person has no symptoms suggestive of tuberculosis or evidence of a new exposure to active tuberculosis;

 

(3) a statement from a physician, advanced practice registered nurse, or public health clinic stating that the person (i) has a history of adequately treated active tuberculosis; (ii) is currently receiving tuberculosis preventive therapy; (iii) is currently undergoing therapy for active tuberculosis and the person's presence in a school building will not endanger the health of other people; or (iv) has completed a course of preventive therapy or was intolerant to preventive therapy, provided the person has no symptoms suggestive of tuberculosis or evidence of a new exposure to active tuberculosis; or

 

(4) a notarized statement signed by the person stating that the person has not submitted the proof of tuberculosis screening as required by this subdivision because of conscientiously held beliefs.  This statement must be forwarded to the commissioner of health.

 

Sec. 24.  Minnesota Statutes 2018, section 144.441, subdivision 5, is amended to read:

 

Subd. 5.  Exceptions.  Subdivisions 3 and 4 do not apply to:

 

(1) a person with a history of either a past positive Mantoux test reaction or active tuberculosis who has a documented history of completing a course of tuberculosis therapy or preventive therapy when the school or school district holds a statement from a physician, advanced practice registered nurse, or public health clinic indicating that such therapy was provided to the person and that the person has no symptoms suggestive of tuberculosis or evidence of a new exposure to active tuberculosis; and

 

(2) a person with a history of a past positive Mantoux test reaction who has not completed a course of preventive therapy.  This determination shall be made by the commissioner based on currently accepted public health standards and the person's health status.


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Sec. 25.  Minnesota Statutes 2018, section 144.442, subdivision 1, is amended to read:

 

Subdivision 1.  Administration; notification.  In the event that the commissioner designates a school or school district under section 144.441, subdivision 2, the school or school district or community health board may administer Mantoux screening tests to some or all persons enrolled in or employed by the designated school or school district.  Any Mantoux screening provided under this section shall be under the direction of a licensed physician or advanced practice registered nurse.

 

Prior to administering the Mantoux test to such persons, the school or school district or community health board shall inform in writing such persons and parents or guardians of minor children to whom the test may be administered, of the following:

 

(1) that there has been an occurrence of active tuberculosis or evidence of a higher than expected prevalence of tuberculosis infection in that school or school district;

 

(2) that screening is necessary to avoid the spread of tuberculosis;

 

(3) the manner by which tuberculosis is transmitted;

 

(4) the risks and possible side effects of the Mantoux test;

 

(5) the risks from untreated tuberculosis to the infected person and others;

 

(6) the ordinary course of further diagnosis and treatment if the Mantoux test is positive;

 

(7) that screening has been scheduled; and

 

(8) that no person will be required to submit to the screening if the person submits a statement of objection due to the conscientiously held beliefs of the person employed or of the parent or guardian of a minor child.

 

Sec. 26.  Minnesota Statutes 2018, section 144.4803, subdivision 1, is amended to read:

 

Subdivision 1.  Active tuberculosis.  "Active tuberculosis" includes infectious and noninfectious tuberculosis and means:

 

(1) a condition evidenced by a positive culture for mycobacterium tuberculosis taken from a pulmonary or laryngeal source;

 

(2) a condition evidenced by a positive culture for mycobacterium tuberculosis taken from an extrapulmonary source when there is clinical evidence such as a positive skin test for tuberculosis infection, coughing, sputum production, fever, or other symptoms compatible with pulmonary tuberculosis; or

 

(3) a condition in which clinical specimens are not available for culture, but there is radiographic evidence of tuberculosis such as an abnormal chest x-ray, and clinical evidence such as a positive skin test for tuberculosis infection, coughing, sputum production, fever, or other symptoms compatible with pulmonary tuberculosis, that lead a physician or advanced practice registered nurse to reasonably diagnose active tuberculosis according to currently accepted standards of medical practice and to initiate treatment for tuberculosis.

 

Sec. 27.  Minnesota Statutes 2018, section 144.4803, is amended by adding a subdivision to read:

 

Subd. 1a.  Advanced practice registered nurse.  "Advanced practice registered nurse" means a person who is licensed by the Board of Nursing under chapter 148 to practice as an advanced practice registered nurse.


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Sec. 28.  Minnesota Statutes 2018, section 144.4803, subdivision 4, is amended to read:

 

Subd. 4.  Clinically suspected of having active tuberculosis.  "Clinically suspected of having active tuberculosis" means presenting a reasonable possibility of having active tuberculosis based upon epidemiologic, clinical, or radiographic evidence, laboratory test results, or other reliable evidence as determined by a physician or advanced practice registered nurse using currently accepted standards of medical practice.

 

Sec. 29.  Minnesota Statutes 2018, section 144.4803, subdivision 10, is amended to read:

 

Subd. 10.  Endangerment to the public health.  "Endangerment to the public health" means a carrier who may transmit tuberculosis to another person or persons because the carrier has engaged or is engaging in any of the following conduct:

 

(1) refuses or fails to submit to a diagnostic tuberculosis examination that is ordered by a physician or advanced practice registered nurse and is reasonable according to currently accepted standards of medical practice;

 

(2) refuses or fails to initiate or complete treatment for tuberculosis that is prescribed by a physician or advanced practice registered nurse and is reasonable according to currently accepted standards of medical practice;

 

(3) refuses or fails to keep appointments for treatment of tuberculosis;

 

(4) refuses or fails to provide the commissioner, upon request, with evidence showing the completion of a course of treatment for tuberculosis that is prescribed by a physician or advanced practice registered nurse and is reasonable according to currently accepted standards of medical practice;

 

(5) refuses or fails to initiate or complete a course of directly observed therapy that is prescribed by a physician or advanced practice registered nurse and is reasonable according to currently accepted standards of medical practice;

 

(6) misses at least 20 percent of scheduled appointments for directly observed therapy, or misses at least two consecutive appointments for directly observed therapy;

 

(7) refuses or fails to follow contagion precautions for tuberculosis after being instructed on the precautions by a licensed health professional or by the commissioner;

 

(8) based on evidence of the carrier's past or present behavior, may not complete a course of treatment for tuberculosis that is reasonable according to currently accepted standards of medical practice; or

 

(9) may expose other persons to tuberculosis based on epidemiological, medical, or other reliable evidence.

 

Sec. 30.  Minnesota Statutes 2018, section 144.4806, is amended to read:

 

144.4806 PREVENTIVE MEASURES UNDER HEALTH ORDER.

 

A health order may include, but need not be limited to, an order:

 

(1) requiring the carrier's attending physician, advanced practice registered nurse, or treatment facility to isolate and detain the carrier for treatment or for a diagnostic examination for tuberculosis, pursuant to section 144.4807, subdivision 1, if the carrier is an endangerment to the public health and is in a treatment facility;

 

(2) requiring a carrier who is an endangerment to the public health to submit to diagnostic examination for tuberculosis and to remain in the treatment facility until the commissioner receives the results of the examination;


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(3) requiring a carrier who is an endangerment to the public health to remain in or present at a treatment facility until the carrier has completed a course of treatment for tuberculosis that is prescribed by a physician or advanced practice registered nurse and is reasonable according to currently accepted standards of medical practice;

 

(4) requiring a carrier who is an endangerment to the public health to complete a course of treatment for tuberculosis that is prescribed by a physician or advanced practice registered nurse and is reasonable according to currently accepted standards of medical practice and, if necessary, to follow contagion precautions for tuberculosis;

 

(5) requiring a carrier who is an endangerment to the public health to follow a course of directly observed therapy that is prescribed by a physician or advanced practice registered nurse and is reasonable according to currently accepted standards of medical practice;

 

(6) excluding a carrier who is an endangerment to the public health from the carrier's place of work or school, or from other premises if the commissioner determines that exclusion is necessary because contagion precautions for tuberculosis cannot be maintained in a manner adequate to protect others from being exposed to tuberculosis;

 

(7) requiring a licensed health professional or treatment facility to provide to the commissioner certified copies of all medical and epidemiological data relevant to the carrier's tuberculosis and status as an endangerment to the public health;

 

(8) requiring the diagnostic examination for tuberculosis of other persons in the carrier's household, workplace, or school, or other persons in close contact with the carrier if the commissioner has probable cause to believe that the persons may have active tuberculosis or may have been exposed to tuberculosis based on epidemiological, medical, or other reliable evidence; or

 

(9) requiring a carrier or other persons to follow contagion precautions for tuberculosis.

 

Sec. 31.  Minnesota Statutes 2018, section 144.4807, subdivision 1, is amended to read:

 

Subdivision 1.  Obligation to isolate.  If the carrier is in a treatment facility, the commissioner or a carrier's attending physician or advanced practice registered nurse, after obtaining approval from the commissioner, may issue a notice of obligation to isolate to a treatment facility if the commissioner or attending physician or advanced practice registered nurse has probable cause to believe that a carrier is an endangerment to the public health.

 

Sec. 32.  Minnesota Statutes 2018, section 144.4807, subdivision 2, is amended to read:

 

Subd. 2.  Obligation to examine.  If the carrier is clinically suspected of having active tuberculosis, the commissioner may issue a notice of obligation to examine to the carrier's attending physician or advanced practice registered nurse to conduct a diagnostic examination for tuberculosis on the carrier.

 

Sec. 33.  Minnesota Statutes 2018, section 144.4807, subdivision 4, is amended to read:

 

Subd. 4.  Service of health order on carrier.  When issuing a notice of obligation to isolate or examine to the carrier's physician or advanced practice registered nurse or a treatment facility, the commissioner shall simultaneously serve a health order on the carrier ordering the carrier to remain in the treatment facility for treatment or examination.

 

Sec. 34.  Minnesota Statutes 2018, section 144.50, subdivision 2, is amended to read:

 

Subd. 2.  Hospital, sanitarium, other institution; definition.  Hospital, sanitarium or other institution for the hospitalization or care of human beings, within the meaning of sections 144.50 to 144.56 shall mean any institution,


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place, building, or agency, in which any accommodation is maintained, furnished, or offered for five or more persons for:  the hospitalization of the sick or injured; the provision of care in a swing bed authorized under section 144.562; elective outpatient surgery for preexamined, prediagnosed low risk patients; emergency medical services offered 24 hours a day, seven days a week, in an ambulatory or outpatient setting in a facility not a part of a licensed hospital; or the institutional care of human beings.  Nothing in sections 144.50 to 144.56 shall apply to a clinic, a physician's or advanced practice registered nurse's office or to hotels or other similar places that furnish only board and room, or either, to their guests.

 

Sec. 35.  Minnesota Statutes 2019 Supplement, section 144.55, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  (a) For the purposes of this section, the terms in this subdivision have the meanings given them.

 

(b) "Outpatient surgical center" or "center" means a facility organized for the specific purpose of providing elective outpatient surgery for preexamined, prediagnosed, low-risk patients.  An outpatient surgical center is not organized to provide regular emergency medical services and does not include a physician's, advanced practice registered nurse's, or dentist's office or clinic for the practice of medicine, the practice of dentistry, or the delivery of primary care.

 

(c) "Approved accrediting organization" means any organization recognized as an accreditation organization by the Centers for Medicare and Medicaid Services.

 

Sec. 36.  Minnesota Statutes 2018, section 144.55, subdivision 6, is amended to read:

 

Subd. 6.  Suspension, revocation, and refusal to renew.  (a) The commissioner may refuse to grant or renew, or may suspend or revoke, a license on any of the following grounds:

 

(1) violation of any of the provisions of sections 144.50 to 144.56 or the rules or standards issued pursuant thereto, or Minnesota Rules, chapters 4650 and 4675;

 

(2) permitting, aiding, or abetting the commission of any illegal act in the institution;

 

(3) conduct or practices detrimental to the welfare of the patient; or

 

(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or

 

(5) with respect to hospitals and outpatient surgical centers, if the commissioner determines that there is a pattern of conduct that one or more physicians or advanced practice registered nurses who have a "financial or economic interest," as defined in section 144.6521, subdivision 3, in the hospital or outpatient surgical center, have not provided the notice and disclosure of the financial or economic interest required by section 144.6521.

 

(b) The commissioner shall not renew a license for a boarding care bed in a resident room with more than four beds.

 

Sec. 37.  Minnesota Statutes 2018, section 144.6501, subdivision 7, is amended to read:

 

Subd. 7.  Consent to treatment.  An admission contract must not include a clause requiring a resident to sign a consent to all treatment ordered by any physician or advanced practice registered nurse.  An admission contract may require consent only for routine nursing care or emergency care.  An admission contract must contain a clause that informs the resident of the right to refuse treatment.


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Sec. 38.  Minnesota Statutes 2018, section 144.651, subdivision 7, is amended to read:

 

Subd. 7.  Physician's or advanced practice registered nurse's identity.  Patients and residents shall have or be given, in writing, the name, business address, telephone number, and specialty, if any, of the physician or advanced practice registered nurse responsible for coordination of their care.  In cases where it is medically inadvisable, as documented by the attending physician or advanced practice registered nurse in a patient's or resident's care record, the information shall be given to the patient's or resident's guardian or other person designated by the patient or resident as a representative.

 

Sec. 39.  Minnesota Statutes 2018, section 144.651, subdivision 8, is amended to read:

 

Subd. 8.  Relationship with other health services.  Patients and residents who receive services from an outside provider are entitled, upon request, to be told the identity of the provider.  Residents shall be informed, in writing, of any health care services which are provided to those residents by individuals, corporations, or organizations other than their facility.  Information shall include the name of the outside provider, the address, and a description of the service which may be rendered.  In cases where it is medically inadvisable, as documented by the attending physician or advanced practice registered nurse in a patient's or resident's care record, the information shall be given to the patient's or resident's guardian or other person designated by the patient or resident as a representative.

 

Sec. 40.  Minnesota Statutes 2018, section 144.651, subdivision 9, is amended to read:

 

Subd. 9.  Information about treatment.  Patients and residents shall be given by their physicians or advanced practice registered nurses complete and current information concerning their diagnosis, treatment, alternatives, risks, and prognosis as required by the physician's or advanced practice registered nurse's legal duty to disclose.  This information shall be in terms and language the patients or residents can reasonably be expected to understand.  Patients and residents may be accompanied by a family member or other chosen representative, or both.  This information shall include the likely medical or major psychological results of the treatment and its alternatives.  In cases where it is medically inadvisable, as documented by the attending physician or advanced practice registered nurse in a patient's or resident's medical record, the information shall be given to the patient's or resident's guardian or other person designated by the patient or resident as a representative.  Individuals have the right to refuse this information.

 

Every patient or resident suffering from any form of breast cancer shall be fully informed, prior to or at the time of admission and during her stay, of all alternative effective methods of treatment of which the treating physician or advanced practice registered nurse is knowledgeable, including surgical, radiological, or chemotherapeutic treatments or combinations of treatments and the risks associated with each of those methods.

 

Sec. 41.  Minnesota Statutes 2018, section 144.651, subdivision 10, is amended to read:

 

Subd. 10.  Participation in planning treatment; notification of family members.  (a) Patients and residents shall have the right to participate in the planning of their health care.  This right includes the opportunity to discuss treatment and alternatives with individual caregivers, the opportunity to request and participate in formal care conferences, and the right to include a family member or other chosen representative, or both.  In the event that the patient or resident cannot be present, a family member or other representative chosen by the patient or resident may be included in such conferences.  A chosen representative may include a doula of the patient's choice.

 

(b) If a patient or resident who enters a facility is unconscious or comatose or is unable to communicate, the facility shall make reasonable efforts as required under paragraph (c) to notify either a family member or a person designated in writing by the patient as the person to contact in an emergency that the patient or resident has been admitted to the facility.  The facility shall allow the family member to participate in treatment planning, unless the


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facility knows or has reason to believe the patient or resident has an effective advance directive to the contrary or knows the patient or resident has specified in writing that they do not want a family member included in treatment planning.  After notifying a family member but prior to allowing a family member to participate in treatment planning, the facility must make reasonable efforts, consistent with reasonable medical practice, to determine if the patient or resident has executed an advance directive relative to the patient or resident's health care decisions.  For purposes of this paragraph, "reasonable efforts" include:

 

(1) examining the personal effects of the patient or resident;

 

(2) examining the medical records of the patient or resident in the possession of the facility;

 

(3) inquiring of any emergency contact or family member contacted under this section whether the patient or resident has executed an advance directive and whether the patient or resident has a physician or advanced practice registered nurse to whom the patient or resident normally goes for care; and

 

(4) inquiring of the physician or advanced practice registered nurse to whom the patient or resident normally goes for care, if known, whether the patient or resident has executed an advance directive.  If a facility notifies a family member or designated emergency contact or allows a family member to participate in treatment planning in accordance with this paragraph, the facility is not liable to the patient or resident for damages on the grounds that the notification of the family member or emergency contact or the participation of the family member was improper or violated the patient's privacy rights.

 

(c) In making reasonable efforts to notify a family member or designated emergency contact, the facility shall attempt to identify family members or a designated emergency contact by examining the personal effects of the patient or resident and the medical records of the patient or resident in the possession of the facility.  If the facility is unable to notify a family member or designated emergency contact within 24 hours after the admission, the facility shall notify the county social service agency or local law enforcement agency that the patient or resident has been admitted and the facility has been unable to notify a family member or designated emergency contact.  The county social service agency and local law enforcement agency shall assist the facility in identifying and notifying a family member or designated emergency contact.  A county social service agency or local law enforcement agency that assists a facility in implementing this subdivision is not liable to the patient or resident for damages on the grounds that the notification of the family member or emergency contact or the participation of the family member was improper or violated the patient's privacy rights.

 

Sec. 42.  Minnesota Statutes 2018, section 144.651, subdivision 12, is amended to read:

 

Subd. 12.  Right to refuse care.  Competent patients and residents shall have the right to refuse treatment based on the information required in subdivision 9.  Residents who refuse treatment, medication, or dietary restrictions shall be informed of the likely medical or major psychological results of the refusal, with documentation in the individual medical record.  In cases where a patient or resident is incapable of understanding the circumstances but has not been adjudicated incompetent, or when legal requirements limit the right to refuse treatment, the conditions and circumstances shall be fully documented by the attending physician or advanced practice registered nurse in the patient's or resident's medical record.

 

Sec. 43.  Minnesota Statutes 2018, section 144.651, subdivision 14, is amended to read:

 

Subd. 14.  Freedom from maltreatment.  Patients and residents shall be free from maltreatment as defined in the Vulnerable Adults Protection Act.  "Maltreatment" means conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress.  Every patient and resident shall also be free from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by a patient's or resident's physician or advanced practice registered nurse for a specified and limited period of time, and only when necessary to protect the resident from self-injury or injury to others.


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Sec. 44.  Minnesota Statutes 2018, section 144.651, subdivision 31, is amended to read:

 

Subd. 31.  Isolation and restraints.  A minor patient who has been admitted to a residential program as defined in section 253C.01 has the right to be free from physical restraint and isolation except in emergency situations involving a likelihood that the patient will physically harm the patient's self or others.  These procedures may not be used for disciplinary purposes, to enforce program rules, or for the convenience of staff.  Isolation or restraint may be used only upon the prior authorization of a physician, advanced practice registered nurse, psychiatrist, or licensed psychologist, only when less restrictive measures are ineffective or not feasible and only for the shortest time necessary.

 

Sec. 45.  Minnesota Statutes 2018, section 144.651, subdivision 33, is amended to read:

 

Subd. 33.  Restraints.  (a) Competent nursing home residents, family members of residents who are not competent, and legally appointed conservators, guardians, and health care agents as defined under section 145C.01, have the right to request and consent to the use of a physical restraint in order to treat the medical symptoms of the resident.

 

(b) Upon receiving a request for a physical restraint, a nursing home shall inform the resident, family member, or legal representative of alternatives to and the risks involved with physical restraint use.  The nursing home shall provide a physical restraint to a resident only upon receipt of a signed consent form authorizing restraint use and a written order from the attending physician or advanced practice registered nurse that contains statements and determinations regarding medical symptoms and specifies the circumstances under which restraints are to be used.

 

(c) A nursing home providing a restraint under paragraph (b) must:

 

(1) document that the procedures outlined in that paragraph have been followed;

 

(2) monitor the use of the restraint by the resident; and

 

(3) periodically, in consultation with the resident, the family, and the attending physician or advanced practice registered nurse, reevaluate the resident's need for the restraint.

 

(d) A nursing home shall not be subject to fines, civil money penalties, or other state or federal survey enforcement remedies solely as the result of allowing the use of a physical restraint as authorized in this subdivision.  Nothing in this subdivision shall preclude the commissioner from taking action to protect the health and safety of a resident if:

 

(1) the use of the restraint has jeopardized the health and safety of the resident; and

 

(2) the nursing home failed to take reasonable measures to protect the health and safety of the resident.

 

(e) For purposes of this subdivision, "medical symptoms" include:

 

(1) a concern for the physical safety of the resident; and

 

(2) physical or psychological needs expressed by a resident.  A resident's fear of falling may be the basis of a medical symptom.

 

A written order from the attending physician or advanced practice registered nurse that contains statements and determinations regarding medical symptoms is sufficient evidence of the medical necessity of the physical restraint.


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(f) When determining nursing facility compliance with state and federal standards for the use of physical restraints, the commissioner of health is bound by the statements and determinations contained in the attending physician's or advanced practice registered nurse's order regarding medical symptoms.  For purposes of this order, "medical symptoms" include the request by a competent resident, family member of a resident who is not competent, or legally appointed conservator, guardian, or health care agent as defined under section 145C.01, that the facility provide a physical restraint in order to enhance the physical safety of the resident.

 

Sec. 46.  Minnesota Statutes 2018, section 144.652, subdivision 2, is amended to read:

 

Subd. 2.  Correction order; emergencies.  A substantial violation of the rights of any patient or resident as defined in section 144.651, shall be grounds for issuance of a correction order pursuant to section 144.653 or 144A.10.  The issuance or nonissuance of a correction order shall not preclude, diminish, enlarge, or otherwise alter private action by or on behalf of a patient or resident to enforce any unreasonable violation of the patient's or resident's rights.  Compliance with the provisions of section 144.651 shall not be required whenever emergency conditions, as documented by the attending physician or advanced practice registered nurse in a patient's medical record or a resident's care record, indicate immediate medical treatment, including but not limited to surgical procedures, is necessary and it is impossible or impractical to comply with the provisions of section 144.651 because delay would endanger the patient's or resident's life, health, or safety.

 

Sec. 47.  Minnesota Statutes 2018, section 144.69, is amended to read:

 

144.69 CLASSIFICATION OF DATA ON INDIVIDUALS.

 

Notwithstanding any law to the contrary, including section 13.05, subdivision 9, data collected on individuals by the cancer surveillance system, including the names and personal identifiers of persons required in section 144.68 to report, shall be private and may only be used for the purposes set forth in this section and sections 144.671, 144.672, and 144.68.  Any disclosure other than is provided for in this section and sections 144.671, 144.672, and 144.68, is declared to be a misdemeanor and punishable as such.  Except as provided by rule, and as part of an epidemiologic investigation, an officer or employee of the commissioner of health may interview patients named in any such report, or relatives of any such patient, only after the consent of the attending physician, advanced practice registered nurse, or surgeon is obtained.

 

Sec. 48.  Minnesota Statutes 2018, section 144.7402, subdivision 2, is amended to read:

 

Subd. 2.  Conditions.  A facility shall follow the procedures outlined in sections 144.7401 to 144.7415 when all of the following conditions are met:

 

(1) the facility determines that significant exposure has occurred, following the protocol under section 144.7414;

 

(2) the licensed physician or advanced practice registered nurse for the emergency medical services person needs the source individual's blood-borne pathogen test results to begin, continue, modify, or discontinue treatment, in accordance with the most current guidelines of the United States Public Health Service, because of possible exposure to a blood-borne pathogen; and

 

(3) the emergency medical services person consents to provide a blood sample for testing for a blood-borne pathogen.  If the emergency medical services person consents to blood collection, but does not consent at that time to blood-borne pathogen testing, the facility shall preserve the sample for at least 90 days.  If the emergency medical services person elects to have the sample tested within 90 days, the testing shall be done as soon as feasible.

 

Sec. 49.  Minnesota Statutes 2018, section 144.7406, subdivision 2, is amended to read:


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Subd. 2.  Procedures without consent.  If the source individual has provided a blood sample with consent but does not consent to blood-borne pathogen testing, the facility shall test for blood-borne pathogens if the emergency medical services person or emergency medical services agency requests the test, provided all of the following criteria are met:

 

(1) the emergency medical services person or emergency medical services agency has documented exposure to blood or body fluids during performance of that person's occupation or while acting as a Good Samaritan under section 604A.01 or executing a citizen's arrest under section 629.30;

 

(2) the facility has determined that a significant exposure has occurred and a licensed physician or advanced practice registered nurse for the emergency medical services person has documented in the emergency medical services person's medical record that blood-borne pathogen test results are needed for beginning, modifying, continuing, or discontinuing medical treatment for the emergency medical services person under section 144.7414, subdivision 2;

 

(3) the emergency medical services person provides a blood sample for testing for blood-borne pathogens as soon as feasible;

 

(4) the facility asks the source individual to consent to a test for blood-borne pathogens and the source individual does not consent;

 

(5) the facility has provided the source individual with all of the information required by section 144.7403; and

 

(6) the facility has informed the emergency medical services person of the confidentiality requirements of section 144.7411 and the penalties for unauthorized release of source information under section 144.7412.

 

Sec. 50.  Minnesota Statutes 2018, section 144.7407, subdivision 2, is amended to read:

 

Subd. 2.  Procedures without consent.  (a) An emergency medical services agency, or, if there is no agency, an emergency medical services person, may bring a petition for a court order to require a source individual to provide a blood sample for testing for blood-borne pathogens.  The petition shall be filed in the district court in the county where the source individual resides or is hospitalized.  The petitioner shall serve the petition on the source individual at least three days before a hearing on the petition.  The petition shall include one or more affidavits attesting that:

 

(1) the facility followed the procedures in sections 144.7401 to 144.7415 and attempted to obtain blood-borne pathogen test results according to those sections;

 

(2) it has been determined under section 144.7414, subdivision 2, that a significant exposure has occurred to the emergency medical services person; and

 

(3) a physician with specialty training in infectious diseases, including HIV, has documented that the emergency medical services person has provided a blood sample and consented to testing for blood-borne pathogens and blood‑borne pathogen test results are needed for beginning, continuing, modifying, or discontinuing medical treatment for the emergency medical services person.

 

(b) Facilities shall cooperate with petitioners in providing any necessary affidavits to the extent that facility staff can attest under oath to the facts in the affidavits.

 

(c) The court may order the source individual to provide a blood sample for blood-borne pathogen testing if:

 

(1) there is probable cause to believe the emergency medical services person has experienced a significant exposure to the source individual;


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(2) the court imposes appropriate safeguards against unauthorized disclosure that must specify the persons who have access to the test results and the purposes for which the test results may be used;

 

(3) a licensed physician or advanced practice registered nurse for the emergency medical services person needs the test results for beginning, continuing, modifying, or discontinuing medical treatment for the emergency medical services person; and

 

(4) the court finds a compelling need for the test results.  In assessing compelling need, the court shall weigh the need for the court-ordered blood collection and test results against the interests of the source individual, including, but not limited to, privacy, health, safety, or economic interests.  The court shall also consider whether the involuntary blood collection and testing would serve the public interest.

 

(d) The court shall conduct the proceeding in camera unless the petitioner or the source individual requests a hearing in open court and the court determines that a public hearing is necessary to the public interest and the proper administration of justice.

 

(e) The court shall conduct an ex parte hearing if the source individual does not attend the noticed hearing and the petitioner complied with the notice requirements in paragraph (a).

 

(f) The source individual has the right to counsel in any proceeding brought under this subdivision.

 

(g) The court may order a source individual taken into custody by a peace officer for purposes of obtaining a blood sample if the source individual does not comply with an order issued by the court pursuant to paragraph (c).  The source individual shall be held no longer than is necessary to secure a blood sample.  A person may not be held for more than 24 hours without receiving a court hearing.

 

Sec. 51.  Minnesota Statutes 2018, section 144.7414, subdivision 2, is amended to read:

 

Subd. 2.  Facility protocol requirements.  Every facility shall adopt